Sub. H. B. No. 59 As Reported by the House Finance and Appropriations Committee

As Reported by the House Finance and Appropriations Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 59

Representative Amstutz

A BILL

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

9.833, 9.90, 9.901, 101.39, 101.391, 103.144,

105.41, 107.033, 107.12, 109.06, 109.36, 109.57,

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

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

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

121.03, 121.11, 121.22, 121.35, 121.37, 121.372,

122.075, 122.083, 122.17, 122.28, 122.30, 122.31,

122.32, 122.33, 122.34, 122.35, 122.36, 122.657,

122.658, 122.66, 122.67, 122.68, 122.69, 122.70,

122.701, 122.76, 122.861, 123.01, 123.10, 123.11,

123.201, 123.21, 123.27, 124.11, 124.14, 124.18,

124.30, 124.341, 124.381, 124.57, 125.05, 125.21,

125.212, 125.28, 125.602, 125.603, 125.832,

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

126.46, 126.47, 126.48, 127.14, 127.16, 133.01,

133.06, 135.80, 140.01, 140.03, 140.05, 145.01,

145.012, 145.22, 149.01, 149.311, 149.43, 151.11,

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

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

164.27, 166.02, 166.03, 166.04, 166.08, 166.25,

169.02, 173.03, 173.14, 173.17, 173.19, 173.20,

173.21, 173.23, 173.25, 173.26, 173.27, 173.28,

173.39, 173.391, 173.392, 173.394, 173.40,

173.401, 173.402, 173.403, 173.404, 173.42,

173.43, 173.431, 173.432, 173.434, 173.45,

173.47, 173.48, 173.50, 173.501, 173.99, 189.04,

189.06, 191.01, 191.02, 191.04, 191.06, 301.28,

305.23, 307.07, 307.673, 307.674, 307.86, 309.09,

317.08, 317.32, 317.321, 317.36, 321.35, 321.44,

329.04, 329.051, 329.06, 329.14, 339.02, 339.05,

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

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

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

340.15, 340.16, 341.192, 351.021, 715.691, 718.01,

718.03, 721.01, 721.03, 731.091, 737.41, 742.14,

755.06, 901.21, 901.22, 901.23, 903.11, 903.99,

905.06, 909.15, 924.06, 927.54, 955.201, 956.07,

956.18, 991.03, 991.04, 991.06, 1332.26, 1337.11,

1347.08, 1501.011, 1501.45, 1509.01, 1509.02,

1509.062, 1509.10, 1509.11, 1509.50, 1509.73,

1511.02, 1511.022, 1519.05, 1531.06, 1531.17,

1545.071, 1547.99, 1548.02, 1551.33, 1551.35,

1555.15, 1711.07, 1724.03, 1739.061, 1751.01,

1751.11, 1751.12, 1751.14, 1751.271, 1751.31,

1751.60, 1923.14, 2101.24, 2108.05, 2113.041,

2113.06, 2117.061, 2117.25, 2133.01, 2133.25,

2151.011, 2151.3514, 2151.362, 2151.86, 2152.54,

2152.59, 2301.02, 2301.03, 2303.201, 2305.234,

2307.65, 2317.02, 2317.422, 2505.02, 2743.02,

2744.05, 2901.13, 2901.30, 2903.13, 2903.33,

2907.22, 2913.40, 2913.401, 2919.271, 2921.01,

2921.13, 2921.22, 2921.36, 2921.38, 2923.125,

2923.126, 2925.03, 2929.13, 2929.15, 2930.01,

2935.03, 2935.33, 2945.37, 2945.371, 2945.38,

2945.39, 2945.40, 2945.401, 2951.041, 2967.22,

2981.01, 2981.12, 2981.13, 3101.051, 3107.083,

3109.15, 3111.04, 3111.72, 3119.29, 3119.54,

3121.441, 3121.89, 3121.891, 3121.892, 3121.893,

3121.898, 3123.958, 3125.18, 3125.36, 3301.07,

3301.0714, 3301.0715, 3301.0723, 3301.15, 3302.01,

3302.03, 3302.22, 3304.231, 3305.03, 3307.51,

3309.21, 3310.01, 3310.02, 3310.03, 3310.05,

3310.06, 3310.08, 3310.56, 3311.0510, 3311.22,

3311.231, 3311.38, 3311.78, 3312.08, 3313.372,

3313.376, 3313.42, 3313.48, 3313.483, 3313.484,

3313.488, 3313.4810, 3313.533, 3313.539, 3313.603,

3313.6011, 3313.6013, 3313.62, 3313.64, 3313.646,

3313.65, 3313.714, 3313.715, 3313.83, 3313.841,

3313.843, 3313.845, 3313.847, 3313.88, 3313.978,

3313.98, 3313.981, 3314.015, 3314.017, 3314.029,

3314.03, 3314.05, 3314.06, 3314.072, 3314.074,

3314.08, 3314.083, 3314.084, 3314.087, 3314.09,

3314.091, 3314.11, 3314.26, 3315.40, 3315.42,

3316.041, 3316.06, 3317.01, 3317.013, 3317.021,

3317.023, 3317.0212, 3317.03, 3317.032, 3317.05,

3317.06, 3317.08, 3317.10, 3317.12, 3317.14,

3317.141, 3317.18, 3317.19, 3317.20, 3317.50,

3317.51, 3318.011, 3318.031, 3318.08, 3318.31,

3318.36, 3318.363, 3319.07, 3319.073, 3319.17,

3319.22, 3319.235, 3319.57, 3321.01, 3321.05,

3323.021, 3323.03, 3323.04, 3323.07, 3323.08,

3323.09, 3323.091, 3323.13, 3323.14, 3323.141,

3323.142, 3326.11, 3326.20, 3326.31, 3326.32,

3326.33, 3326.34, 3326.38, 3326.45, 3327.01,

3333.041, 3333.31, 3333.82, 3335.35, 3335.36,

3335.37, 3335.38, 3345.05, 3345.12, 3353.01,

3353.02, 3353.03, 3353.04, 3353.06, 3353.07,

3365.01, 3365.02, 3365.07, 3365.12, 3383.01,

3383.07, 3501.01, 3599.45, 3701.023, 3701.024,

3701.027, 3701.13, 3701.132, 3701.243, 3701.261,

3701.262, 3701.264, 3701.342, 3701.344, 3701.507,

3701.74, 3701.741, 3701.742, 3701.78, 3701.83,

3701.881, 3701.921, 3701.922, 3701.99, 3702.30,

3702.51, 3702.521, 3702.55, 3702.62, 3702.74,

3702.91, 3704.144, 3706.01, 3707.511, 3709.01,

3709.051, 3709.10, 3712.051, 3712.07, 3712.09,

3713.06, 3714.07, 3717.08, 3718.06, 3719.61,

3721.01, 3721.011, 3721.02, 3721.022, 3721.024,

3721.027, 3721.042, 3721.071, 3721.08, 3721.10,

100

3721.12, 3721.121, 3721.13, 3721.14, 3721.15,

101

3721.16, 3721.17, 3721.19, 3721.50, 3721.51,

102

3721.511, 3721.512, 3721.513, 3721.52, 3721.53,

103

3721.531, 3721.532, 3721.533, 3721.54, 3721.541,

104

3721.55, 3721.56, 3721.57, 3721.58, 3727.01,

105

3734.28, 3734.57, 3734.901, 3734.907, 3735.58,

106

3737.02, 3737.83, 3737.841, 3737.88, 3742.30,

107

3742.31, 3742.32, 3742.51, 3745.11, 3745.113,

108

3769.08, 3769.088, 3770.02, 3770.03, 3770.06,

109

3772.03, 3772.062, 3772.091, 3781.112, 3793.01,

110

3793.031, 3793.032, 3793.051, 3793.10, 3793.11,

111

3793.12, 3793.13, 3793.14, 3793.15, 3793.16,

112

3793.18, 3793.22, 3793.31, 3793.32, 3793.33,

113

3793.34, 3793.35, 3793.36, 3793.37, 3793.38,

114

3793.39, 3798.01, 3901.3814, 3903.14, 3905.40,

115

3905.483, 3905.862, 3916.06, 3923.24, 3923.241,

116

3923.281, 3923.443, 3923.49, 3923.50, 3923.601,

117

3923.83, 3924.41, 3924.42, 3963.01, 3963.04,

118

4104.33, 4112.01, 4112.02, 4112.12, 4112.31,

119

4115.034, 4115.32, 4117.06, 4117.14, 4117.15,

120

4121.50, 4123.32, 4131.03, 4141.162, 4301.10,

121

4301.30, 4301.43, 4305.131, 4501.01, 4501.21,

122

4503.62, 4505.02, 4505.09, 4505.101, 4506.07,

123

4507.03, 4507.06, 4507.51, 4510.038, 4510.45,

124

4511.19, 4511.191, 4511.69, 4513.60, 4513.61,

125

4513.62, 4701.03, 4707.02, 4707.073, 4707.10,

126

4709.11, 4715.36, 4715.372, 4717.03, 4717.06,

127

4717.07, 4717.10, 4717.14, 4717.15, 4719.01,

128

4723.18, 4723.35, 4723.481, 4725.03, 4725.16,

129

4729.51, 4729.54, 4729.69, 4729.80, 4729.81,

130

4729.99, 4730.411, 4731.151, 4731.23, 4731.65,

131

4731.71, 4734.41, 4745.01, 4751.01, 4751.02,

132

4751.03, 4751.04, 4751.041, 4751.05, 4751.06,

133

4751.07, 4751.08, 4751.10, 4751.11, 4751.12,

134

4751.13, 4753.071, 4755.481, 4758.10, 4758.11,

135

4761.01, 4906.20, 5101.01, 5101.11, 5101.141,

136

5101.16, 5101.162, 5101.18, 5101.181, 5101.183,

137

5101.184, 5101.26, 5101.271, 5101.272, 5101.273,

138

5101.30, 5101.31, 5101.34, 5101.35, 5101.36,

139

5101.46, 5101.461, 5101.47, 5101.49, 5101.50,

140

5101.501, 5101.502, 5101.51, 5101.511, 5101.512,

141

5101.513, 5101.516, 5101.517, 5101.519, 5101.5110,

142

5101.52, 5101.521, 5101.522, 5101.524, 5101.527,

143

5101.571, 5101.572, 5101.573, 5101.574, 5101.575,

144

5101.58, 5101.59, 5101.591, 5101.60, 5101.61,

145

5101.80, 5101.801, 5101.803, 5103.02, 5103.0323,

146

5103.13, 5103.42, 5104.012, 5104.013, 5104.02,

147

5104.021, 5104.03, 5104.08, 5104.11, 5104.12,

148

5104.32, 5107.10, 5107.14, 5107.16, 5107.20,

149

5107.24, 5107.26, 5107.42, 5107.64, 5111.01,

150

5111.011, 5111.013, 5111.016, 5111.018, 5111.0112,

151

5111.0114, 5111.0116, 5111.0117, 5111.0118,

152

5111.0119, 5111.02, 5111.021, 5111.022, 5111.023,

153

5111.024, 5111.025, 5111.027, 5111.028, 5111.029,

154

5111.0210, 5111.0211, 5111.0212, 5111.0213,

155

5111.0214, 5111.0215, 5111.03, 5111.031, 5111.032,

156

5111.033, 5111.034, 5111.035, 5111.04, 5111.042,

157

5111.05, 5111.051, 5111.052, 5111.053, 5111.054,

158

5111.06, 5111.061, 5111.062, 5111.063, 5111.07,

159

5111.071, 5111.08, 5111.081, 5111.082, 5111.083,

160

5111.084, 5111.085, 5111.086, 5111.09, 5111.091,

161

5111.092, 5111.10, 5111.101, 5111.102, 5111.11,

162

5111.111, 5111.112, 5111.113, 5111.114, 5111.12,

163

5111.121, 5111.13, 5111.14, 5111.141, 5111.15,

164

5111.151, 5111.16, 5111.161, 5111.162, 5111.163,

165

5111.17, 5111.171, 5111.172, 5111.173, 5111.174,

166

5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,

167

5111.1711, 5111.18, 5111.181, 5111.19, 5111.191,

168

5111.20, 5111.201, 5111.202, 5111.203, 5111.204,

169

5111.21, 5111.212, 5111.22, 5111.221, 5111.222,

170

5111.223, 5111.224, 5111.225, 5111.226, 5111.23,

171

5111.231, 5111.232, 5111.233, 5111.235, 5111.24,

172

5111.241, 5111.242, 5111.244, 5111.245, 5111.246,

173

5111.25, 5111.251, 5111.254, 5111.255, 5111.257,

174

5111.258, 5111.259, 5111.26, 5111.261, 5111.262,

175

5111.263, 5111.264, 5111.265, 5111.266, 5111.27,

176

5111.271, 5111.28, 5111.29, 5111.291, 5111.30,

177

5111.31, 5111.32, 5111.33, 5111.331, 5111.35,

178

5111.36, 5111.37, 5111.38, 5111.39, 5111.41,

179

5111.411, 5111.42, 5111.43, 5111.44, 5111.45,

180

5111.46, 5111.47, 5111.48, 5111.49, 5111.50,

181

5111.51, 5111.511, 5111.52, 5111.53, 5111.54,

182

5111.55, 5111.56, 5111.57, 5111.58, 5111.59,

183

5111.60, 5111.61, 5111.62, 5111.63, 5111.66,

184

5111.661, 5111.67, 5111.671, 5111.672, 5111.673,

185

5111.674, 5111.675, 5111.676, 5111.677, 5111.68,

186

5111.681, 5111.682, 5111.683, 5111.684, 5111.685,

187

5111.686, 5111.687, 5111.688, 5111.689, 5111.71,

188

5111.711, 5111.712, 5111.713, 5111.714, 5111.715,

189

5111.84, 5111.85, 5111.851, 5111.852, 5111.853,

190

5111.854, 5111.855, 5111.856, 5111.86, 5111.861,

191

5111.862, 5111.863, 5111.864, 5111.865, 5111.87,

192

5111.871, 5111.872, 5111.873, 5111.874, 5111.875,

193

5111.876, 5111.877, 5111.878, 5111.879, 5111.88,

194

5111.881, 5111.882, 5111.885, 5111.886, 5111.887,

195

5111.888, 5111.889, 5111.8810, 5111.89, 5111.891,

196

5111.892, 5111.894, 5111.90, 5111.91, 5111.911,

197

5111.912, 5111.914, 5111.915, 5111.92, 5111.93,

198

5111.94, 5111.941, 5111.943, 5111.944, 5111.945,

199

5111.96, 5111.97, 5111.98, 5111.981, 5111.982,

200

5111.99, 5112.01, 5112.03, 5112.04, 5112.05,

201

5112.06, 5112.07, 5112.08, 5112.09, 5112.10,

202

5112.11, 5112.17, 5112.18, 5112.19, 5112.21,

203

5112.30, 5112.31, 5112.32, 5112.33, 5112.331,

204

5112.34, 5112.341, 5112.35, 5112.37, 5112.371,

205

5112.38, 5112.39, 5112.40, 5112.41, 5112.42,

206

5112.43, 5112.44, 5112.45, 5112.46, 5112.47,

207

5112.48, 5112.99, 5112.991, 5115.20, 5117.10,

208

5119.01, 5119.012, 5119.02, 5119.04, 5119.06,

209

5119.061, 5119.07, 5119.071, 5119.072, 5119.08,

210

5119.10, 5119.101, 5119.11, 5119.12, 5119.14,

211

5119.16, 5119.161, 5119.17, 5119.18, 5119.20,

212

5119.201, 5119.202, 5119.21, 5119.22, 5119.221,

213

5119.23, 5119.24, 5119.27, 5119.30, 5119.33,

214

5119.34, 5119.35, 5119.351, 5119.36, 5119.42,

215

5119.43, 5119.44, 5119.46, 5119.51, 5119.52,

216

5119.53, 5119.57, 5119.60, 5119.61, 5119.611,

217

5119.612, 5119.613, 5119.62, 5119.621, 5119.622,

218

5119.63, 5119.631, 5119.69, 5119.691, 5119.99,

219

5120.07, 5120.09, 5120.135, 5120.17, 5120.171,

220

5120.652, 5120.654, 5121.051, 5121.30, 5121.32,

221

5121.33, 5121.34, 5121.35, 5121.36, 5121.37,

222

5121.38, 5121.40, 5121.42, 5121.43, 5121.44,

223

5121.45, 5121.46, 5121.47, 5121.49, 5121.50,

224

5121.51, 5121.52, 5121.55, 5122.01, 5122.03,

225

5122.10, 5122.11, 5122.12, 5122.13, 5122.15,

226

5122.17, 5122.18, 5122.19, 5122.20, 5122.21,

227

5122.23, 5122.25, 5122.26, 5122.27, 5122.271,

228

5122.31, 5122.311, 5122.32, 5122.33, 5122.34,

229

5122.341, 5122.39, 5122.43, 5122.44, 5122.45,

230

5122.46, 5122.47, 5123.01, 5123.021, 5123.022,

231

5123.03, 5123.0412, 5123.0417, 5123.09, 5123.171,

232

5123.19, 5123.192, 5123.197, 5123.198, 5123.38,

233

5123.61, 5123.86, 5126.01, 5126.026, 5126.05,

234

5126.051, 5126.054, 5126.055, 5126.24, 5139.03,

235

5139.04, 5139.08, 5139.34, 5145.162, 5145.18,

236

5153.16, 5302.221, 5309.082, 5505.12, 5507.46,

237

5511.03, 5701.13, 5703.052, 5703.059, 5703.21,

238

5703.37, 5703.82, 5705.01, 5705.19, 5705.192,

239

5705.217, 5705.218, 5705.221, 5705.25, 5705.412,

240

5709.17, 5709.212, 5709.75, 5725.18, 5725.34,

241

5726.20, 5726.52, 5727.26, 5727.75, 5727.84,

242

5727.89, 5728.10, 5729.03, 5729.17, 5731.39,

243

5733.01, 5733.06, 5733.11, 5733.98, 5735.012,

244

5735.12, 5735.34, 5739.01, 5739.02, 5739.026,

245

5739.09, 5739.12, 5739.13, 5741.01, 5741.03,

246

5741.12, 5741.17, 5743.081, 5743.15, 5743.56,

247

5745.12, 5747.01, 5747.02, 5747.022, 5747.025,

248

5747.08, 5747.10, 5747.11, 5747.113, 5747.122,

249

5747.13, 5747.21, 5747.47, 5747.501, 5747.76,

250

5747.98, 5749.02, 5749.06, 5749.07, 5749.17,

251

5751.01, 5751.014, 5751.07, 5751.081, 5751.09,

252

5751.20, 5751.21, 5753.01, 5753.03, 5753.07,

253

5815.28, 5905.02, 5910.02, 5910.07, 5919.34,

254

5924.502, 5924.503, 5924.504, 5924.506, 6109.21,

255

and 6111.037; to amend, for the purpose of

256

adopting new section numbers as indicated in

257

parentheses, sections 173.394 (173.38), 173.40

258

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

259

173.403 (173.53), 173.404 (173.55), 3313.847

260

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

261

3383.07 (123.281), 3721.50 (5168.40), 3721.51

262

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

263

3721.513 (5168.45), 3721.52 (5168.46), 3721.53

264

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

265

3721.533 (5168.50), 3721.54 (5168.51), 3721.541

266

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

267

3721.57 (5168.55), 3721.58 (5168.56), 3737.883

268

(3737.884), 3793.01 (5119.01), 3793.031

269

(5119.201), 3793.032 (5119.47), 3793.051

270

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

271

3793.12 (5119.61), 3793.13 (5119.27), 3793.14

272

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

273

3793.18 (5119.30), 3793.22 (5119.49), 3793.31

274

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

275

3793.34 (5119.93), 3793.35 (5119.94), 3793.36

276

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

277

3793.39 (5119.98), 5101.271 (5160.45), 5101.31

278

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

279

5101.502 (5161.02), 5101.51 (5161.10), 5101.511

280

(5161.11), 5101.5110 (5161.35), 5101.512

281

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

282

5101.517 (5161.24), 5101.519 (5161.27), 5101.52

283

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

284

5101.524 (5161.20), 5101.527 (5161.25), 5101.571

285

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

286

5101.574 (5160.41), 5101.575 (5160.42), 5101.58

287

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

288

5111.01 (5162.03), 5111.011 (5163.02), 5111.013

289

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

290

5111.0112 (5162.20), 5111.0114 (5164.754),

291

5111.0116 (5163.30), 5111.0117 (5163.31),

292

5111.0118 (5163.32), 5111.0119 (5163.45), 5111.02

293

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

294

5111.023 (5164.15), 5111.024 (5164.08), 5111.025

295

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

296

5111.029 (5164.06), 5111.0210 (5164.92), 5111.0211

297

(5165.48), 5111.0212 (5164.80), 5111.0213

298

(5164.77), 5111.0214 (5164.82), 5111.0215

299

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

300

5111.032 (5164.34), 5111.033 (5164.342), 5111.034

301

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

302

5111.042 (5164.25), 5111.05 (5164.45), 5111.051

303

(5164.48), 5111.052 (5164.46), 5111.053

304

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

305

5111.061 (5164.57), 5111.062 (5164.39), 5111.063

306

(5164.31), 5111.07 (5164.752), 5111.071

307

(5164.753), 5111.08 (5164.759), 5111.081

308

(5164.755), 5111.082 (5164.751), 5111.083

309

(5164.757), 5111.084 (5164.7510), 5111.085

310

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

311

5111.091 (5162.131), 5111.092 (5162.132), 5111.10

312

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

313

5111.11 (5162.21), 5111.111 (5162.211), 5111.112

314

(5162.212), 5111.113 (5162.22), 5111.114

315

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

316

5111.13 (5164.85), 5111.14 (5164.88), 5111.141

317

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

318

5111.16 (5167.03), 5111.161 (5167.031), 5111.162

319

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

320

5111.1710 (5167.14), 5111.171 (5167.31), 5111.1711

321

(5167.30), 5111.172 (5167.12), 5111.173 (5167.40),

322

5111.174 (5167.41), 5111.175 (5167.26), 5111.177

323

(5167.11), 5111.178 (5167.25), 5111.179 (5167.13),

324

5111.18 (5164.86), 5111.181 (5163.22), 5111.19

325

(5164.74), 5111.191 (5164.741), 5111.20 (5165.01),

326

5111.201 (5165.011), 5111.202 (5165.03), 5111.203

327

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

328

5111.212 (5165.35), 5111.22 (5165.07), 5111.221

329

(5165.37), 5111.222 (5165.15), 5111.223

330

(5165.071), 5111.224 (5124.15), 5111.225

331

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

332

5111.231 (5165.19), 5111.232 (5165.192), 5111.233

333

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

334

5111.241 (5124.21), 5111.242 (5165.21), 5111.244

335

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

336

5111.25 (5165.17), 5111.251 (5124.17), 5111.254

337

(5165.151), 5111.255 (5124.151), 5111.257

338

(5165.28), 5111.258 (5165.153), 5111.259

339

(5165.156), 5111.26 (5165.10), 5111.261

340

(5165.107), 5111.262 (5165.47), 5111.263

341

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

342

5111.266 (5165.101), 5111.27 (5165.108), 5111.271

343

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

344

5111.291 (5124.155), 5111.30 (5165.073), 5111.31

345

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

346

5111.331 (5165.34), 5111.35 (5165.60), 5111.36

347

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

348

5111.39 (5165.64), 5111.40 (5165.65), 5111.41

349

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

350

5111.43 (5165.69), 5111.44 (5165.70), 5111.45

351

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

352

5111.48 (5165.74), 5111.49 (5165.75), 5111.50

353

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

354

5111.52 (5165.79), 5111.53 (5165.80), 5111.54

355

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

356

5111.57 (5165.84), 5111.58 (5165.85), 5111.59

357

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

358

5111.62 (5162.66), 5111.63 (5165.89), 5111.66

359

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

360

5111.671 (5165.511), 5111.672 (5165.512), 5111.673

361

(5165.513), 5111.674 (5165.514), 5111.675

362

(5165.515), 5111.676 (5165.516), 5111.677

363

(5165.517), 5111.68 (5165.52), 5111.681

364

(5165.521), 5111.682 (5165.522), 5111.683

365

(5165.523), 5111.684 (5165.524), 5111.685

366

(5165.525), 5111.686 (5165.526), 5111.687

367

(5165.527), 5111.688 (5165.528), 5111.689

368

(5165.53), 5111.71 (5162.36), 5111.711 (5162.361),

369

5111.712 (5162.362), 5111.713 (5162.363), 5111.714

370

(5162.64), 5111.715 (5162.364), 5111.84 (5166.03),

371

5111.85 (5166.02), 5111.851 (5166.04), 5111.852

372

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

373

5111.855 (5166.08), 5111.856 (5166.10), 5111.86

374

(5166.11), 5111.861 (5166.12), 5111.862

375

(5166.121), 5111.863 (5166.13), 5111.864

376

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

377

5111.871 (5166.21), 5111.872 (5166.22), 5111.873

378

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

379

5111.876 (5124.62), 5111.877 (5124.63), 5111.878

380

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

381

5111.881 (5166.301), 5111.882 (5166.302), 5111.883

382

(5166.303), 5111.884 (5166.304), 5111.885

383

(5166.305), 5111.886 (5166.306), 5111.887

384

(5166.307), 5111.888 (5166.308), 5111.889

385

(5166.309), 5111.8810 (5166.3010), 5111.89

386

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

387

5111.893 (173.547), 5111.894 (173.542), 5111.90

388

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

389

5111.912 (5162.371), 5111.914 (5164.58), 5111.915

390

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

391

5111.94 (5162.54), 5111.941 (5162.52), 5111.943

392

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

393

5111.96 (5164.90), 5111.97 (5166.35), 5111.98

394

(5162.031), 5111.981 (5164.91), 5111.982

395

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

396

5112.03 (5168.02), 5112.04 (5168.05), 5112.05

397

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

398

5112.08 (5168.09), 5112.09 (5168.08), 5112.10

399

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

400

5112.18 (5168.11), 5112.19 (5168.12), 5112.21

401

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

402

5112.32 (5168.62), 5112.33 (5168.63), 5112.331

403

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

404

5112.35 (5168.67), 5112.37 (5168.68), 5112.371

405

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

406

5112.40 (5168.20), 5112.41 (5168.21), 5112.42

407

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

408

5112.45 (5168.25), 5112.46 (5168.26), 5112.47

409

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

410

5112.991 (5168.991), 5119.01 (5119.10), 5119.012

411

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

412

5119.061 (5119.40), 5119.07 (5119.11), 5119.071

413

(5119.18), 5119.072 (5119.181), 5119.08

414

(5119.182), 5119.10 (5119.184), 5119.101

415

(5191.185), 5119.11 (5119.186), 5119.12

416

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

417

5119.161 (5119.45), 5119.17 (5119.51), 5119.18

418

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

419

5119.202 (5119.332), 5119.21 (5119.333), 5119.22

420

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

421

5119.24 (5119.15), 5119.27 (5119.05), 5119.30

422

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

423

5119.35 (5119.56), 5119.351 (5119.55), 5119.36

424

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

425

5119.44 (5119.051), 5119.46 (5119.60), 5119.50

426

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

427

5119.53 (5119.73), 5119.57 (5119.29), 5119.60

428

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

429

5119.612 (5119.37), 5119.613 (5119.361), 5119.62

430

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

431

5119.63 (5119.42), 5119.631 (5119.421), 5119.69

432

(5119.41), and 5119.691 (5119.411); to enact new

433

sections 3313.481, 3317.014, 3317.02, 3317.022,

434

3317.0217, 3317.051, 3317.16, 3327.02, 3345.81,

435

and 3737.883, and sections 1.611, 101.392,

436

121.483, 122.681, 123.19, 125.27, 149.60, 149.63,

437

151.50, 173.51, 173.522, 173.523, 173.543,

438

173.545, 173.546, 173.56, 173.60, 191.061, 340.08,

439

353.01 to 353.16, 511.261, 517.271, 721.29,

440

903.30, 991.041, 1545.23, 2329.192, 3301.80,

441

3302.26, 3310.032, 3310.035, 3313.5311, 3313.5312,

442

3313.848, 3314.042, 3314.082, 3314.086, 3314.092,

443

3314.29, 3317.016, 3317.017, 3317.0213, 3317.0214,

444

3317.161, 3317.40, 3319.031, 3326.112, 3327.07,

445

3328.27, 3333.049, 3333.124, 3333.342, 3333.613,

446

3345.48, 3350.15, 3365.022, 3701.033, 3701.5010,

447

3701.541, 3701.94, 3701.941, 3701.942, 3701.943,

448

3701.944, 3701.95, 3702.302, 3702.303, 3702.304,

449

3702.305, 3702.306, 3702.307, 3714.074, 3721.072,

450

3735.661, 3772.092, 3772.36, 4143.01, 4143.02,

451

4143.03, 4143.04, 4143.05, 4143.06, 4143.07,

452

4143.08, 4143.09, 4143.99, 4503.524, 4503.732,

453

4507.021, 4729.542, 4751.042, 4751.14, 5101.101,

454

5101.804, 5119.28, 5119.341, 5123.023, 5124.01,

455

5124.03, 5124.05, 5124.06, 5124.07, 5124.071,

456

5124.072, 5124.08, 5124.081, 5124.10, 5124.101,

457

5124.102, 5124.103, 5124.104, 5124.105, 5124.106,

458

5124.107, 5124.108, 5124.109, 5124.152, 5124.153,

459

5124.154, 5124.191, 5124.192, 5124.193, 5124.25,

460

5124.28, 5124.30, 5124.31, 5124.32, 5124.33,

461

5124.35, 5124.37, 5124.38, 5124.40, 5124.41,

462

5124.42, 5124.43, 5124.44, 5124.45, 5124.46,

463

5124.50, 5124.51, 5124.511, 5124.512, 5124.513,

464

5124.514, 5124.515, 5124.516, 5124.517, 5124.52,

465

5124.521, 5124.522, 5124.523, 5124.524, 5124.525,

466

5124.526, 5124.527, 5124.528, 5124.53, 5124.99,

467

5126.131, 5160.01, 5160.011, 5160.02, 5160.021,

468

5160.03, 5160.04, 5160.05, 5160.051, 5160.052,

469

5160.06, 5160.10, 5160.11, 5160.12, 5160.13,

470

5160.16, 5160.20, 5160.21, 5160.22, 5160.23,

471

5160.30, 5160.31, 5160.36, 5160.371, 5160.46,

472

5160.47, 5160.48, 5160.481, 5160.50, 5160.52,

473

5160.99, 5161.01, 5162.01, 5162.02, 5162.021,

474

5162.022, 5162.05, 5162.06, 5162.07, 5162.12,

475

5162.31, 5162.60, 5162.62, 5163.01, 5163.03,

476

5163.04, 5163.05, 5163.06, 5163.061, 5163.07,

477

5163.08, 5164.01, 5164.03, 5164.30, 5164.33,

478

5164.55, 5164.59, 5164.60, 5164.61, 5164.71,

479

5164.72, 5164.73, 5164.83, 5165.02, 5165.072,

480

5165.082, 5165.102, 5165.103, 5165.104, 5165.105,

481

5165.106, 5165.109, 5165.152, 5165.154, 5165.191,

482

5165.193, 5165.32, 5165.33, 5165.41, 5165.42,

483

5165.43, 5165.44, 5165.45, 5165.46, 5165.49,

484

5165.771, 5166.01, 5166.16, 5167.01, 5167.02,

485

5167.032, 5167.121, 5168.41, 5703.75, 5703.76,

486

5703.90, 5705.55, 5735.013, 5739.081, 5741.032,

487

5910.08, and 5919.342; and to repeal sections

488

122.076, 122.15, 122.151, 122.152, 122.153,

489

122.154, 122.29, 122.97, 123.23, 125.837, 125.838,

490

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

491

340.022, 340.033, 340.06, 340.14, 1513.371,

492

1531.34, 1547.721, 1547.722, 1547.723, 1547.724,

493

1547.725, 1547.726, 3302.043, 3313.481, 3313.482,

494

3313.4811, 3314.088, 3314.13, 3317.012, 3317.014,

495

3317.018, 3317.02, 3317.022, 3317.029, 3317.0217,

496

3317.051, 3317.052, 3317.053, 3317.11, 3317.13,

497

3317.16, 3317.62, 3317.63, 3317.64, 3318.023,

498

3323.16, 3326.39, 3327.02, 3345.81, 3353.09,

499

3353.15, 3353.20, 3383.02, 3383.03, 3383.04,

500

3383.05, 3383.06, 3383.08, 3383.09, 3701.072,

501

3701.263, 3701.343, 3701.90, 3701.901, 3701.902,

502

3701.903, 3701.904, 3701.905, 3701.906, 3701.907,

503

3721.026, 3793.02, 3793.03, 3793.04, 3793.041,

504

3793.05, 3793.06, 3793.061, 3793.08, 3793.09,

505

3793.19, 3793.20, 3793.21, 3793.99, 5101.503,

506

5101.514, 5101.515, 5101.518, 5101.523, 5101.525,

507

5101.526, 5101.528, 5101.529, 5111.012, 5111.014,

508

5111.015, 5111.0110, 5111.0111, 5111.0113,

509

5111.0115, 5111.0120, 5111.0121, 5111.0122,

510

5111.0123, 5111.0124, 5111.0125, 5111.176,

511

5111.211, 5111.236, 5111.65, 5111.70, 5111.701,

512

5111.702, 5111.703, 5111.704, 5111.705, 5111.706,

513

5111.707, 5111.708, 5111.709, 5111.7011, 5111.83,

514

5111.8710, 5111.8811, 5111.913, 5111.942,

515

5111.946, 5119.011, 5119.013, 5119.03, 5119.05,

516

5119.47, 5119.623, 5119.64, 5119.65, 5119.66,

517

5119.67, 5119.68, 5707.05, 5727.41, 5733.35,

518

5747.211, 5747.33, 6101.451, and 6111.029 of the

519

Revised Code; to amend Section 205.10 of Am. Sub.

520

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

521

Sections 201.80 and 509.40 of Sub. H.B. 482 of the

522

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

523

S.B. 171 of the 129th General Assembly, as

524

subsequently amended; to amend Section 105.05 of

525

Am. Sub. H.B. 2 of the 128th General Assembly; to

526

repeal Section 267.60.31 of Am. Sub. H.B. 153 of

527

the 129th General Assembly; to repeal Section

528

125.10 of Am. Sub. H.B. 1 of the 128th General

529

Assembly as subsequently amended; to repeal

530

Section 153 of Am. Sub. H.B. 117 of the 121st

531

General Assembly as subsequently amended; to amend

532

Sections 203.90.10 and 203.90.20 of Sub. S.B. 312

533

of the 129th General Assembly; to amend the

534

versions of sections 109.57, 2151.011, 2923.126,

535

5104.012, 5104.013, 5104.03, 5104.08, and 5104.32

536

of the Revised Code that are scheduled to take

537

effect January 1, 2014, to continue the provisions

538

of this act on and after that effective date; to

539

amend the versions of sections 4501.01 and 4507.06

540

of the Revised Code that are scheduled to take

541

effect January 1, 2017, to continue the provisions

542

of this act on and after that effective date; to

543

amend section 3313.88 of the Revised Code as it

544

results from Section 101.01 of this act for the

545

purpose of adopting new section number 3313.482 on

546

July 1, 2014; to make operating appropriations for

547

the biennium beginning July 1, 2013, and ending

548

June 30, 2015; to provide authorization and

549

conditions for the operation of state programs; to

550

repeal sections 5168.20, 5168.21, 5168.22,

551

5168.23, 5168.24, 5168.25, 5168.26, 5168.27, and

552

5168.28 of the Revised Code on October 1, 2015, to

553

terminate the operation of those sections on that

554

date; and to repeal sections 5168.01, 5168.02,

555

5168.03, 5168.04, 5168.05, 5168.06, 5168.07,

556

5168.08, 5168.09, 5168.10, 5168.11, 5168.12,

557

5168.13, 5168.99, and 5168.991 of the Revised Code

558

on October 16, 2015, to terminate the operation of

559

those sections on that date.

560

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

Section 101.01. That sections 9.03, 9.15, 9.231, 9.239, 9.24,	561
9.833, 9.90, 9.901, 101.39, 101.391, 103.144, 105.41, 107.033,	562
107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746, 109.77,	563
109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02, 113.061,	564
117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03, 121.11,	565
121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17, 122.28,	566
122.30, 122.31, 122.32, 122.33, 122.34, 122.35, 122.36, 122.657,	567
122.658, 122.66, 122.67, 122.68, 122.69, 122.70, 122.701, 122.76,	568
122.861, 123.01, 123.10, 123.11, 123.201, 123.21, 123.27, 124.11,	569
124.14, 124.18, 124.30, 124.341, 124.381, 124.57, 125.05, 125.21,	570
125.212, 125.28, 125.602, 125.603, 125.832, 125.836, 126.07,	571
126.14, 126.32, 126.35, 126.45, 126.46, 126.47, 126.48, 127.14,	572
127.16, 133.01, 133.06, 135.80, 140.01, 140.03, 140.05, 145.01,	573
145.012, 145.22, 149.01, 149.311, 149.43, 151.11, 152.09, 153.692,	574
154.01, 154.17, 154.20, 154.22, 154.23, 154.25, 156.02, 156.03,	575
156.04, 156.05, 164.27, 166.02, 166.03, 166.04, 166.08, 166.25,	576
169.02, 173.03, 173.14, 173.17, 173.19, 173.20, 173.21, 173.23,	577
173.25, 173.26, 173.27, 173.28, 173.39, 173.391, 173.392, 173.394,	578
173.40, 173.401, 173.402, 173.403, 173.404, 173.42, 173.43,	579
173.431, 173.432, 173.434, 173.45, 173.47, 173.48, 173.50,	580
173.501, 173.99, 189.04, 189.06, 191.01, 191.02, 191.04, 191.06,	581
301.28, 305.23, 307.07, 307.673, 307.674, 307.86, 309.09, 317.08,	582
317.32, 317.321, 317.36, 321.35, 321.44, 329.04, 329.051, 329.06,	583
329.14, 339.02, 339.05, 339.06, 339.07, 340.01, 340.011, 340.02,	584
340.021, 340.03, 340.031, 340.032, 340.04, 340.05, 340.07, 340.09,	585
340.091, 340.10, 340.11, 340.12, 340.13, 340.15, 340.16, 341.192,	586
351.021, 715.691, 718.01, 718.03, 721.01, 721.03, 731.091, 737.41,	587
742.14, 755.06, 901.21, 901.22, 901.23, 903.11, 903.99, 905.06,	588
909.15, 924.06, 927.54, 955.201, 956.07, 956.18, 991.03, 991.04,	589
991.06, 1332.26, 1337.11, 1347.08, 1501.011, 1501.45, 1509.01,	590
1509.02, 1509.062, 1509.10, 1509.11, 1509.50, 1509.73, 1511.02,	591
1511.022, 1519.05, 1531.06, 1531.17, 1545.071, 1547.99, 1548.02,	592
1551.33, 1551.35, 1555.15, 1711.07, 1724.03, 1739.061, 1751.01,	593
1751.11, 1751.12, 1751.14, 1751.271, 1751.31, 1751.60, 1923.14,	594
2101.24, 2108.05, 2113.041, 2113.06, 2117.061, 2117.25, 2133.01,	595
2133.25, 2151.011, 2151.3514, 2151.362, 2151.86, 2152.54, 2152.59,	596
2301.02, 2301.03, 2303.201, 2305.234, 2307.65, 2317.02, 2317.422,	597
2505.02, 2743.02, 2744.05, 2901.13, 2901.30, 2903.13, 2903.33,	598
2907.22, 2913.40, 2913.401, 2919.271, 2921.01, 2921.13, 2921.22,	599
2921.36, 2921.38, 2923.125, 2923.126, 2925.03, 2929.13, 2929.15,	600
2930.01, 2935.03, 2935.33, 2945.37, 2945.371, 2945.38, 2945.39,	601
2945.40, 2945.401, 2951.041, 2967.22, 2981.01, 2981.12, 2981.13,	602
3101.051, 3107.083, 3109.15, 3111.04, 3111.72, 3119.29, 3119.54,	603
3121.441, 3121.89, 3121.891, 3121.892, 3121.893, 3121.898,	604
3123.958, 3125.18, 3125.36, 3301.07, 3301.0714, 3301.0715,	605
3301.0723, 3301.15, 3302.01, 3302.03, 3302.22, 3304.231, 3305.03,	606
3307.51, 3309.21, 3310.01, 3310.02, 3310.03, 3310.05, 3310.06,	607
3310.08, 3310.56, 3311.0510, 3311.22, 3311.231, 3311.38, 3311.78,	608
3312.08, 3313.372, 3313.376, 3313.42, 3313.48, 3313.483, 3313.484,	609
3313.488, 3313.4810, 3313.533, 3313.539, 3313.603, 3313.6011,	610
3313.6013, 3313.62, 3313.64, 3313.646, 3313.65, 3313.714,	611
3313.715, 3313.83, 3313.841, 3313.843, 3313.845, 3313.847,	612
3313.88, 3313.978, 3313.98, 3313.981, 3314.015, 3314.017,	613
3314.029, 3314.03, 3314.05, 3314.06, 3314.072, 3314.074, 3314.08,	614
3314.083, 3314.084, 3314.087, 3314.09, 3314.091, 3314.11, 3314.26,	615
3315.40, 3315.42, 3316.041, 3316.06, 3317.01, 3317.013, 3317.021,	616
3317.023, 3317.0212, 3317.03, 3317.032, 3317.05, 3317.06, 3317.08,	617
3317.10, 3317.12, 3317.14, 3317.141, 3317.18, 3317.19, 3317.20,	618
3317.50, 3317.51, 3318.011, 3318.031, 3318.08, 3318.31, 3318.36,	619
3318.363, 3319.07, 3319.073, 3319.17, 3319.22, 3319.235, 3319.57,	620
3321.01, 3321.05, 3323.021, 3323.03, 3323.04, 3323.07, 3323.08,	621
3323.09, 3323.091, 3323.13, 3323.14, 3323.141, 3323.142, 3326.11,	622
3326.20, 3326.31, 3326.32, 3326.33, 3326.34, 3326.38, 3326.45,	623
3327.01, 3333.041, 3333.31, 3333.82, 3335.35, 3335.36, 3335.37,	624
3335.38, 3345.05, 3345.12, 3353.01, 3353.02, 3353.03, 3353.04,	625
3353.06, 3353.07, 3365.01, 3365.02, 3365.07, 3365.12, 3383.01,	626
3383.07, 3501.01, 3599.45, 3701.023, 3701.024, 3701.027, 3701.13,	627
3701.132, 3701.243, 3701.261, 3701.262, 3701.264, 3701.342,	628
3701.344, 3701.507, 3701.74, 3701.741, 3701.742, 3701.78, 3701.83,	629
3701.881, 3701.921, 3701.922, 3701.99, 3702.30, 3702.51, 3702.521,	630
3702.55, 3702.62, 3702.74, 3702.91, 3704.144, 3706.01, 3707.511,	631
3709.01, 3709.051, 3709.10, 3712.051, 3712.07, 3712.09, 3713.06,	632
3714.07, 3717.08, 3718.06, 3719.61, 3721.01, 3721.011, 3721.02,	633
3721.022, 3721.024, 3721.027, 3721.042, 3721.071, 3721.08,	634
3721.10, 3721.12, 3721.121, 3721.13, 3721.14, 3721.15, 3721.16,	635
3721.17, 3721.19, 3721.50, 3721.51, 3721.511, 3721.512, 3721.513,	636
3721.52, 3721.53, 3721.531, 3721.532, 3721.533, 3721.54, 3721.541,	637
3721.55, 3721.56, 3721.57, 3721.58, 3727.01, 3734.28, 3734.57,	638
3734.901, 3734.907, 3735.58, 3737.02, 3737.83, 3737.841, 3737.88,	639
3742.30, 3742.31, 3742.32, 3742.51, 3745.11, 3745.113, 3769.08,	640
3769.088, 3770.02, 3770.03, 3770.06, 3772.03, 3772.062, 3772.091,	641
3781.112, 3793.01, 3793.031, 3793.032, 3793.051, 3793.10, 3793.11,	642
3793.12, 3793.13, 3793.14, 3793.15, 3793.16, 3793.18, 3793.22,	643
3793.31, 3793.32, 3793.33, 3793.34, 3793.35, 3793.36, 3793.37,	644
3793.38, 3793.39, 3798.01, 3901.3814, 3903.14, 3905.40, 3905.483,	645
3905.862, 3916.06, 3923.24, 3923.241, 3923.281, 3923.443, 3923.49,	646
3923.50, 3923.601, 3923.83, 3924.41, 3924.42, 3963.01, 3963.04,	647
4104.33, 4112.01, 4112.02, 4112.12, 4112.31, 4115.034, 4115.32,	648
4117.06, 4117.14, 4117.15, 4121.50, 4123.32, 4131.03, 4141.162,	649
4301.10, 4301.30, 4301.43, 4305.131, 4501.01, 4501.21, 4503.62,	650
4505.02, 4505.09, 4505.101, 4506.07, 4507.03, 4507.06, 4507.51,	651
4510.038, 4510.45, 4511.19, 4511.191, 4511.69, 4513.60, 4513.61,	652
4513.62, 4701.03, 4707.02, 4707.073, 4707.10, 4709.11, 4715.36,	653
4715.372, 4717.03, 4717.06, 4717.07, 4717.10, 4717.14, 4717.15,	654
4719.01, 4723.18, 4723.35, 4723.481, 4725.03, 4725.16, 4729.51,	655
4729.54, 4729.69, 4729.80, 4729.81, 4729.99, 4730.411, 4731.151,	656
4731.23, 4731.65, 4731.71, 4734.41, 4745.01, 4751.01, 4751.02,	657
4751.03, 4751.04, 4751.041, 4751.05, 4751.06, 4751.07, 4751.08,	658
4751.10, 4751.11, 4751.12, 4751.13, 4753.071, 4755.481, 4758.10,	659
4758.11, 4761.01, 4906.20, 5101.01, 5101.11, 5101.141, 5101.16,	660
5101.162, 5101.18, 5101.181, 5101.183, 5101.184, 5101.26,	661
5101.271, 5101.272, 5101.273, 5101.30, 5101.31, 5101.34, 5101.35,	662
5101.36, 5101.46, 5101.461, 5101.47, 5101.49, 5101.50, 5101.501,	663
5101.502, 5101.51, 5101.511, 5101.512, 5101.513, 5101.516,	664
5101.517, 5101.519, 5101.5110, 5101.52, 5101.521, 5101.522,	665
5101.524, 5101.527, 5101.571, 5101.572, 5101.573, 5101.574,	666
5101.575, 5101.58, 5101.59, 5101.591, 5101.60, 5101.61, 5101.80,	667
5101.801, 5101.803, 5103.02, 5103.0323, 5103.13, 5103.42,	668
5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08, 5104.11,	669
5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20, 5107.24,	670
5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013, 5111.016,	671
5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117, 5111.0118,	672
5111.0119, 5111.02, 5111.021, 5111.022, 5111.023, 5111.024,	673
5111.025, 5111.027, 5111.028, 5111.029, 5111.0210, 5111.0211,	674
5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.03, 5111.031,	675
5111.032, 5111.033, 5111.034, 5111.035, 5111.04, 5111.042,	676
5111.05, 5111.051, 5111.052, 5111.053, 5111.054, 5111.06,	677
5111.061, 5111.062, 5111.063, 5111.07, 5111.071, 5111.08,	678
5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.086,	679
5111.09, 5111.091, 5111.092, 5111.10, 5111.101, 5111.102, 5111.11,	680
5111.111, 5111.112, 5111.113, 5111.114, 5111.12, 5111.121,	681
5111.13, 5111.14, 5111.141, 5111.15, 5111.151, 5111.16, 5111.161,	682
5111.162, 5111.163, 5111.17, 5111.171, 5111.172, 5111.173,	683
5111.174, 5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,	684
5111.1711, 5111.18, 5111.181, 5111.19, 5111.191, 5111.20,	685
5111.201, 5111.202, 5111.203, 5111.204, 5111.21, 5111.212,	686
5111.22, 5111.221, 5111.222, 5111.223, 5111.224, 5111.225,	687
5111.226, 5111.23, 5111.231, 5111.232, 5111.233, 5111.235,	688
5111.24, 5111.241, 5111.242, 5111.244, 5111.245, 5111.246,	689
5111.25, 5111.251, 5111.254, 5111.255, 5111.257, 5111.258,	690
5111.259, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264,	691
5111.265, 5111.266, 5111.27, 5111.271, 5111.28, 5111.29, 5111.291,	692
5111.30, 5111.31, 5111.32, 5111.33, 5111.331, 5111.35, 5111.36,	693
5111.37, 5111.38, 5111.39, 5111.41, 5111.411, 5111.42, 5111.43,	694
5111.44, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49, 5111.50,	695
5111.51, 5111.511, 5111.52, 5111.53, 5111.54, 5111.55, 5111.56,	696
5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62, 5111.63,	697
5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	698
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	699
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	700
5111.688, 5111.689, 5111.71, 5111.711, 5111.712, 5111.713,	701
5111.714, 5111.715, 5111.84, 5111.85, 5111.851, 5111.852,	702
5111.853, 5111.854, 5111.855, 5111.856, 5111.86, 5111.861,	703
5111.862, 5111.863, 5111.864, 5111.865, 5111.87, 5111.871,	704
5111.872, 5111.873, 5111.874, 5111.875, 5111.876, 5111.877,	705
5111.878, 5111.879, 5111.88, 5111.881, 5111.882, 5111.885,	706
5111.886, 5111.887, 5111.888, 5111.889, 5111.8810, 5111.89,	707
5111.891, 5111.892, 5111.894, 5111.90, 5111.91, 5111.911,	708
5111.912, 5111.914, 5111.915, 5111.92, 5111.93, 5111.94, 5111.941,	709
5111.943, 5111.944, 5111.945, 5111.96, 5111.97, 5111.98, 5111.981,	710
5111.982, 5111.99, 5112.01, 5112.03, 5112.04, 5112.05, 5112.06,	711
5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17, 5112.18,	712
5112.19, 5112.21, 5112.30, 5112.31, 5112.32, 5112.33, 5112.331,	713
5112.34, 5112.341, 5112.35, 5112.37, 5112.371, 5112.38, 5112.39,	714
5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46,	715
5112.47, 5112.48, 5112.99, 5112.991, 5115.20, 5117.10, 5119.01,	716
5119.012, 5119.02, 5119.04, 5119.06, 5119.061, 5119.07, 5119.071,	717
5119.072, 5119.08, 5119.10, 5119.101, 5119.11, 5119.12, 5119.14,	718
5119.16, 5119.161, 5119.17, 5119.18, 5119.20, 5119.201, 5119.202,	719
5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.27, 5119.30,	720
5119.33, 5119.34, 5119.35, 5119.351, 5119.36, 5119.42, 5119.43,	721
5119.44, 5119.46, 5119.51, 5119.52, 5119.53, 5119.57, 5119.60,	722
5119.61, 5119.611, 5119.612, 5119.613, 5119.62, 5119.621,	723
5119.622, 5119.63, 5119.631, 5119.69, 5119.691, 5119.99, 5120.07,	724
5120.09, 5120.135, 5120.17, 5120.171, 5120.652, 5120.654,	725
5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36,	726
5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44, 5121.45,	727
5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.55,	728
5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13, 5122.15,	729
5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23, 5122.25,	730
5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32, 5122.33,	731
5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45, 5122.46,	732
5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	733
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	734
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.05,	735
5126.051, 5126.054, 5126.055, 5126.24, 5139.03, 5139.04, 5139.08,	736
5139.34, 5145.162, 5145.18, 5153.16, 5302.221, 5309.082, 5505.12,	737
5507.46, 5511.03, 5701.13, 5703.052, 5703.059, 5703.21, 5703.37,	738
5703.82, 5705.01, 5705.19, 5705.192, 5705.217, 5705.218, 5705.221,	739
5705.25, 5705.412, 5709.17, 5709.212, 5709.75, 5725.18, 5725.34,	740
5726.20, 5726.52, 5727.26, 5727.75, 5727.84, 5727.89, 5728.10,	741
5729.03, 5729.17, 5731.39, 5733.01, 5733.06, 5733.11, 5733.98,	742
5735.012, 5735.12, 5735.34, 5739.01, 5739.02, 5739.026, 5739.09,	743
5739.12, 5739.13, 5741.01, 5741.03, 5741.12, 5741.17, 5743.081,	744
5743.15, 5743.56, 5745.12, 5747.01, 5747.02, 5747.022, 5747.025,	745
5747.08, 5747.10, 5747.11, 5747.113, 5747.122, 5747.13, 5747.21,	746
5747.47, 5747.501, 5747.76, 5747.98, 5749.02, 5749.06, 5749.07,	747
5749.17, 5751.01, 5751.014, 5751.07, 5751.081, 5751.09, 5751.20,	748
5751.21, 5753.01, 5753.03, 5753.07, 5815.28, 5905.02, 5910.02,	749
5910.07, 5919.34, 5924.502, 5924.503, 5924.504, 5924.506, 6109.21,	750
and 6111.037 be amended; sections 173.394 (173.38), 173.40	751
(173.52), 173.401 (173.521), 173.402 (173.523), 173.403 (173.53),	752
173.404 (173.55), 3313.847 (3317.30), 3333.90 (3333.59), 3383.01	753
(123.28), 3383.07 (123.281), 3721.50 (5168.40), 3721.51 (5168.42),	754
3721.511 (5168.43), 3721.512 (5168.44), 3721.513 (5168.45),	755
3721.52 (5168.46), 3721.53 (5168.47), 3721.531 (5168.48), 3721.532	756
(5168.49), 3721.533 (5168.50), 3721.54 (5168.51), 3721.541	757
(5168.52), 3721.55 (5168.53), 3721.56 (5168.54), 3721.57	758
(5168.55), 3721.58 (5168.56), 3737.883 (3737.884), 3793.01	759
(5119.01), 3793.031 (5119.201), 3793.032 (5119.47), 3793.051	760
(5119.161), 3793.10 (5119.38), 3793.11 (5119.39), 3793.12	761
(5119.61), 3793.13 (5119.27), 3793.14 (5119.26), 3793.15	762
(5119.17), 3793.16 (5119.188), 3793.18 (5119.30), 3793.22	763
(5119.49), 3793.31 (5119.90), 3793.32 (5119.91), 3793.33	764
(5119.92), 3793.34 (5119.93), 3793.35 (5119.94), 3793.36	765
(5119.95), 3793.37 (5119.96), 3793.38 (5119.97), 3793.39	766
(5119.98), 5101.271 (5160.45), 5101.31 (5164.756), 5101.50	767
(5161.05), 5101.501 (5161.06), 5101.502 (5161.02), 5101.51	768
(5161.10), 5101.511 (5161.11), 5101.5110 (5161.35), 5101.512	769
(5161.12), 5101.513 (5161.30), 5101.516 (5161.22), 5101.517	770
(5161.24), 5101.519 (5161.27), 5101.52 (5161.15), 5101.521	771
(5161.16), 5101.522 (5161.17), 5101.524 (5161.20), 5101.527	772
(5161.25), 5101.571 (5160.35), 5101.572 (5160.39), 5101.573	773
(5160.40), 5101.574 (5160.41), 5101.575 (5160.42), 5101.58	774
(5160.37), 5101.59 (5160.38), 5101.591 (5160.43), 5111.01	775
(5162.03), 5111.011 (5163.02), 5111.013 (5163.40), 5111.016	776
(5164.26), 5111.018 (5164.07), 5111.0112 (5162.20), 5111.0114	777
(5164.754), 5111.0116 (5163.30), 5111.0117 (5163.31), 5111.0118	778
(5163.32), 5111.0119 (5163.45), 5111.02 (5164.02), 5111.021	779
(5164.70), 5111.022 (5164.56), 5111.023 (5164.15), 5111.024	780
(5164.08), 5111.025 (5164.76), 5111.027 (5164.20), 5111.028	781
(5164.32), 5111.029 (5164.06), 5111.0210 (5164.92), 5111.0211	782
(5165.48), 5111.0212 (5164.80), 5111.0213 (5164.77), 5111.0214	783
(5164.82), 5111.0215 (5164.93), 5111.03 (5164.35), 5111.031	784
(5164.37), 5111.032 (5164.34), 5111.033 (5164.342), 5111.034	785
(5164.341), 5111.035 (5164.36), 5111.04 (5164.05), 5111.042	786
(5164.25), 5111.05 (5164.45), 5111.051 (5164.48), 5111.052	787
(5164.46), 5111.053 (5164.301), 5111.054 (5164.47), 5111.06	788
(5164.38), 5111.061 (5164.57), 5111.062 (5164.39), 5111.063	789
(5164.31), 5111.07 (5164.752), 5111.071 (5164.753), 5111.08	790
(5164.759), 5111.081 (5164.755), 5111.082 (5164.751), 5111.083	791
(5164.757), 5111.084 (5164.7510), 5111.085 (5164.758), 5111.086	792
(5164.75), 5111.09 (5162.13), 5111.091 (5162.131), 5111.092	793
(5162.132), 5111.10 (5162.10), 5111.101 (5162.15), 5111.102	794
(5162.04), 5111.11 (5162.21), 5111.111 (5162.211), 5111.112	795
(5162.212), 5111.113 (5162.22), 5111.114 (5163.33), 5111.12	796
(5162.23), 5111.121 (5162.24), 5111.13 (5164.85), 5111.14	797
(5164.88), 5111.141 (5164.89), 5111.15 (5163.20), 5111.151	798
(5163.21), 5111.16 (5167.03), 5111.161 (5167.031), 5111.162	799
(5167.20), 5111.163 (5167.201), 5111.17 (5167.10), 5111.1710	800
(5167.14), 5111.171 (5167.31), 5111.1711 (5167.30), 5111.172	801
(5167.12), 5111.173 (5167.40), 5111.174 (5167.41), 5111.175	802
(5167.26), 5111.177 (5167.11), 5111.178 (5167.25), 5111.179	803
(5167.13), 5111.18 (5164.86), 5111.181 (5163.22), 5111.19	804
(5164.74), 5111.191 (5164.741), 5111.20 (5165.01), 5111.201	805
(5165.011), 5111.202 (5165.03), 5111.203 (5165.031), 5111.204	806
(5165.04), 5111.21 (5165.06), 5111.212 (5165.35), 5111.22	807
(5165.07), 5111.221 (5165.37), 5111.222 (5165.15), 5111.223	808
(5165.071), 5111.224 (5124.15), 5111.225 (5165.155), 5111.226	809
(5124.02), 5111.23 (5124.19), 5111.231 (5165.19), 5111.232	810
(5165.192), 5111.233 (5124.194), 5111.235 (5124.23), 5111.24	811
(5165.16), 5111.241 (5124.21), 5111.242 (5165.21), 5111.244	812
(5165.25), 5111.245 (5165.26), 5111.246 (5165.23), 5111.25	813
(5165.17), 5111.251 (5124.17), 5111.254 (5165.151), 5111.255	814
(5124.151), 5111.257 (5165.28), 5111.258 (5165.153), 5111.259	815
(5165.156), 5111.26 (5165.10), 5111.261 (5165.107), 5111.262	816
(5165.47), 5111.263 (5124.29), 5111.264 (5165.30), 5111.265	817
(5165.29), 5111.266 (5165.101), 5111.27 (5165.108), 5111.271	818
(5165.1010), 5111.28 (5165.40), 5111.29 (5165.38), 5111.291	819
(5124.155), 5111.30 (5165.073), 5111.31 (5165.08), 5111.32	820
(5165.081), 5111.33 (5124.34), 5111.331 (5165.34), 5111.35	821
(5165.60), 5111.36 (5165.61), 5111.37 (5165.62), 5111.38	822
(5165.63), 5111.39 (5165.64), 5111.40 (5165.65), 5111.41	823
(5165.66), 5111.411 (5165.67), 5111.42 (5165.68), 5111.43	824
(5165.69), 5111.44 (5165.70), 5111.45 (5165.71), 5111.46	825
(5165.72), 5111.47 (5165.73), 5111.48 (5165.74), 5111.49	826
(5165.75), 5111.50 (5165.76), 5111.51 (5165.77), 5111.511	827
(5165.78), 5111.52 (5165.79), 5111.53 (5165.80), 5111.54	828
(5165.81), 5111.55 (5165.82), 5111.56 (5165.83), 5111.57	829
(5165.84), 5111.58 (5165.85), 5111.59 (5165.86), 5111.60	830
(5165.87), 5111.61 (5165.88), 5111.62 (5162.66), 5111.63	831
(5165.89), 5111.66 (5165.50), 5111.661 (5165.501), 5111.67	832
(5165.51), 5111.671 (5165.511), 5111.672 (5165.512), 5111.673	833
(5165.513), 5111.674 (5165.514), 5111.675 (5165.515), 5111.676	834
(5165.516), 5111.677 (5165.517), 5111.68 (5165.52), 5111.681	835
(5165.521), 5111.682 (5165.522), 5111.683 (5165.523), 5111.684	836
(5165.524), 5111.685 (5165.525), 5111.686 (5165.526), 5111.687	837
(5165.527), 5111.688 (5165.528), 5111.689 (5165.53), 5111.71	838
(5162.36), 5111.711 (5162.361), 5111.712 (5162.362), 5111.713	839
(5162.363), 5111.714 (5162.64), 5111.715 (5162.364), 5111.84	840
(5166.03), 5111.85 (5166.02), 5111.851 (5166.04), 5111.852	841
(5166.05), 5111.853 (5166.06), 5111.854 (5166.07), 5111.855	842
(5166.08), 5111.856 (5166.10), 5111.86 (5166.11), 5111.861	843
(5166.12), 5111.862 (5166.121), 5111.863 (5166.13), 5111.864	844
(5166.14), 5111.865 (5166.141), 5111.87 (5166.20), 5111.871	845
(5166.21), 5111.872 (5166.22), 5111.873 (5166.23), 5111.874	846
(5124.60), 5111.875 (5124.61), 5111.876 (5124.62), 5111.877	847
(5124.63), 5111.878 (5124.64), 5111.879 (5124.65), 5111.88	848
(5166.30), 5111.881 (5166.301), 5111.882 (5166.302), 5111.883	849
(5166.303), 5111.884 (5166.304), 5111.885 (5166.305), 5111.886	850
(5166.306), 5111.887 (5166.307), 5111.888 (5166.308), 5111.889	851
(5166.309), 5111.8810 (5166.3010), 5111.89 (173.54), 5111.891	852
(173.541), 5111.892 (173.544), 5111.893 (173.547), 5111.894	853
(173.542), 5111.90 (5162.32), 5111.91 (5162.35), 5111.911	854
(5162.37), 5111.912 (5162.371), 5111.914 (5164.58), 5111.915	855
(5162.11), 5111.92 (5162.40), 5111.93 (5162.41), 5111.94	856
(5162.54), 5111.941 (5162.52), 5111.943 (5162.50), 5111.944	857
(5162.58), 5111.945 (5162.56), 5111.96 (5164.90), 5111.97	858
(5166.35), 5111.98 (5162.031), 5111.981 (5164.91), 5111.982	859
(5167.21), 5111.99 (5165.99), 5112.01 (5168.01), 5112.03	860
(5168.02), 5112.04 (5168.05), 5112.05 (5168.03), 5112.06	861
(5168.06), 5112.07 (5168.07), 5112.08 (5168.09), 5112.09	862
(5168.08), 5112.10 (5168.04), 5112.11 (5168.10), 5112.17	863
(5168.14), 5112.18 (5168.11), 5112.19 (5168.12), 5112.21	864
(5168.13), 5112.30 (5168.60), 5112.31 (5168.61), 5112.32	865
(5168.62), 5112.33 (5168.63), 5112.331 (5168.64), 5112.34	866
(5168.65), 5112.341 (5168.66), 5112.35 (5168.67), 5112.37	867
(5168.68), 5112.371 (5168.69), 5112.38 (5168.70), 5112.39	868
(5168.71), 5112.40 (5168.20), 5112.41 (5168.21), 5112.42	869
(5168.22), 5112.43 (5168.23), 5112.44 (5168.24), 5112.45	870
(5168.25), 5112.46 (5168.26), 5112.47 (5168.27), 5112.48	871
(5168.28), 5112.99 (5168.99), 5112.991 (5168.991), 5119.01	872
(5119.10), 5119.012 (5119.141), 5119.02 (5119.14), 5119.06	873
(5119.21), 5119.061 (5119.40), 5119.07 (5119.11), 5119.071	874
(5119.18), 5119.072 (5119.181), 5119.08 (5119.182), 5119.10	875
(5119.184), 5119.101 (5191.185), 5119.11 (5119.186), 5119.12	876
(5119.187), 5119.14 (5119.08), 5119.16 (5119.44), 5119.161	877
(5119.45), 5119.17 (5119.51), 5119.18 (5119.46), 5119.20	878
(5119.33), 5119.201 (5119.331), 5119.202 (5119.332), 5119.21	879
(5119.333), 5119.22 (5119.34), 5119.221 (5119.342), 5119.23	880
(5119.31), 5119.24 (5119.15), 5119.27 (5119.05), 5119.30	881
(5119.09), 5119.33 (5119.54), 5119.34 (5119.50), 5119.35	882
(5119.56), 5119.351 (5119.55), 5119.36 (5119.52), 5119.42	883
(5119.07), 5119.43 (5119.06), 5119.44 (5119.051), 5119.46	884
(5119.60), 5119.50 (5119.70), 5119.51 (5119.71), 5119.52	885
(5119.72), 5119.53 (5119.73), 5119.57 (5119.29), 5119.60	886
(5119.32), 5119.61 (5119.22), 5119.611 (5119.36), 5119.612	887
(5119.37), 5119.613 (5119.361), 5119.62 (5119.23), 5119.621	888
(5119.24), 5119.622 (5119.25), 5119.63 (5119.42), 5119.631	889
(5119.421), 5119.69 (5119.41), and 5119.691 (5119.411) be amended	890
for the purpose of adopting new section numbers as indicated in	891
parentheses; new sections 3313.481, 3317.014, 3317.02, 3317.022,	892
3317.0217, 3317.051, 3317.16, 3327.02, 3345.81, and 3737.883 and	893
sections 1.611, 101.392, 121.483, 122.681, 123.19, 125.27, 149.60,	894
149.63, 151.50, 173.51, 173.522, 173.523, 173.543, 173.545,	895
173.546, 173.56, 173.60, 191.061, 340.08, 353.01, 353.02, 353.03,	896
353.04, 353.05, 353.06, 353.07, 353.08, 353.09, 353.10, 353.11,	897
353.12, 353.13, 353.14, 353.15, 353.16, 511.261, 517.271, 721.29,	898
903.30, 991.041, 1545.23, 2329.192, 3301.80, 3302.26, 3310.032,	899
3310.035, 3313.5311, 3313.5312, 3313.848, 3314.042, 3314.082,	900
3314.086, 3314.092, 3314.29, 3317.016, 3317.017, 3317.0213,	901
3317.0214, 3317.161, 3317.40, 3319.031, 3326.112, 3327.07,	902
3328.27, 3333.049, 3333.124, 3333.342, 3333.613, 3345.48, 3350.15,	903
3365.022, 3701.033, 3701.5010, 3701.541, 3701.94, 3701.941,	904
3701.942, 3701.943, 3701.944, 3701.95, 3702.302, 3702.303,	905
3702.304, 3702.305, 3702.306, 3702.307, 3714.074, 3721.072,	906
3735.661, 3772.092, 3772.36, 4143.01, 4143.02, 4143.03, 4143.04,	907
4143.05, 4143.06, 4143.07, 4143.08, 4143.09, 4143.99, 4503.524,	908
4503.732, 4507.021, 4729.542, 4751.042, 4751.14, 5101.101,	909
5101.804, 5119.28, 5119.341, 5123.023, 5124.01, 5124.03, 5124.05,	910
5124.06, 5124.07, 5124.071, 5124.072, 5124.08, 5124.081, 5124.10,	911
5124.101, 5124.102, 5124.103, 5124.104, 5124.105, 5124.106,	912
5124.107, 5124.108, 5124.109, 5124.152, 5124.153, 5124.154,	913
5124.191, 5124.192, 5124.193, 5124.25, 5124.28, 5124.30, 5124.31,	914
5124.32, 5124.33, 5124.35, 5124.37, 5124.38, 5124.40, 5124.41,	915
5124.42, 5124.43, 5124.44, 5124.45, 5124.46, 5124.50, 5124.51,	916
5124.511, 5124.512, 5124.513, 5124.514, 5124.515, 5124.516,	917
5124.517, 5124.52, 5124.521, 5124.522, 5124.523, 5124.524,	918
5124.525, 5124.526, 5124.527, 5124.528, 5124.53, 5124.99,	919
5126.131, 5160.01, 5160.011, 5160.02, 5160.021, 5160.03, 5160.04,	920
5160.05, 5160.051, 5160.052, 5160.06, 5160.10, 5160.11, 5160.12,	921
5160.13, 5160.16, 5160.20, 5160.21, 5160.22, 5160.23, 5160.30,	922
5160.31, 5160.36, 5160.371, 5160.46, 5160.47, 5160.48, 5160.481,	923
5160.50, 5160.52, 5160.99, 5161.01, 5162.01, 5162.02, 5162.021,	924
5162.022, 5162.05, 5162.06, 5162.07, 5162.12, 5162.31, 5162.60,	925
5162.62, 5163.01, 5163.03, 5163.04, 5163.05, 5163.06, 5163.061,	926
5163.07, 5163.08, 5164.01, 5164.03, 5164.30, 5164.33, 5164.55,	927
5164.59, 5164.60, 5164.61, 5164.71, 5164.72, 5164.73, 5164.83,	928
5165.02, 5165.072, 5165.082, 5165.102, 5165.103, 5165.104,	929
5165.105, 5165.106, 5165.109, 5165.152, 5165.154, 5165.191,	930
5165.193, 5165.32, 5165.33, 5165.41, 5165.42, 5165.43, 5165.44,	931
5165.45, 5165.46, 5165.49, 5165.771, 5166.01, 5166.16, 5167.01,	932
5167.02, 5167.032, 5167.121, 5168.41, 5703.75, 5703.76, 5703.90,	933
5705.55, 5735.013, 5739.081, 5741.032, 5910.08, and 5919.342 of	934
the Revised Code be enacted to read as follows:	935

Sec. 1.611. As used in the Revised Code, "OSU extension"	936
means the cooperative extension service that was established by	937
the "Smith-Lever Act," 38 Stat. 372 (1914), 7 U.S.C. 341 et seq.,	938
and is administered in this state by the Ohio state university.	939

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

940

(1) "Political subdivision" means any body corporate and	941
politic, except a municipal corporation that has adopted a charter	942
under Section 7 of Article XVIII, Ohio Constitution, and except a	943
county that has adopted a charter under Sections 3 and 4 of	944
Article X, Ohio Constitution, to which both of the following	945
apply:	946

(a) It is responsible for governmental activities only in a	947
geographic area smaller than the state.	948

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

949

(2) "Cigarettes" and "tobacco product" have the same meanings	950
as in section 5743.01 of the Revised Code.	951

(3) "Transaction" has the same meaning as in section 1315.51	952
of the Revised Code.	953

(4) "Campaign committee," "campaign fund," "candidate,"	954
"legislative campaign fund," "political action committee,"	955
"political committee," "political party," and "separate segregated	956
fund" have the same meanings as in section 3517.01 of the Revised	957
Code.	958

(B) Except as otherwise provided in division (C) of this	959
section, the governing body of a political subdivision may use	960
public funds to publish and distribute newsletters, or to use any	961
other means, to communicate information about the plans, policies,	962
and operations of the political subdivision to members of the	963
public within the political subdivision and to other persons who	964
may be affected by the political subdivision.	965

(C) Except as otherwise provided in division (A)(7) of	966
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	967
Revised Code, no governing body of a political subdivision shall	968
use public funds to do any of the following:	969

(1) Publish, distribute, or otherwise communicate information	970
that does any of the following:	971

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

972

(b) Promotes alcoholic beverages, cigarettes or other tobacco	973
products, or any illegal product, service, or activity;	974

(c) Promotes illegal discrimination on the basis of race,	975
color, religion, national origin, handicap, age, or ancestry;	976

(d) Supports or opposes any labor organization or any action	977
by, on behalf of, or against any labor organization;	978

(e) Supports or opposes the nomination or election of a	979
candidate for public office, the investigation, prosecution, or	980
recall of a public official, or the passage of a levy or bond	981
issue.	982

(2) Compensate any employee of the political subdivision for	983
time spent on any activity to influence the outcome of an election	984
for any of the purposes described in division (C)(1)(e) of this	985
section. Division (C)(2) of this section does not prohibit the use	986
of public funds to compensate an employee of a political	987
subdivision for attending a public meeting to present information	988
about the political subdivision's finances, activities, and	989
governmental actions in a manner that is not designed to influence	990
the outcome of an election or the passage of a levy or bond issue,	991
even though the election, levy, or bond issue is discussed or	992
debated at the meeting.	993

(D) Except as otherwise provided in division (A)(7) of	994
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	995
Revised Code or in division (E) of this section, no person shall	996
knowingly conduct a direct or indirect transaction of public funds	997
to the benefit of any of the following:	998

(1) A campaign committee;

999

(2) A political action committee;

1000

(3) A legislative campaign fund;

1001

(4) A political party;

1002

(5) A campaign fund;

1003

(6) A political committee;

1004

(7) A separate segregated fund;

1005

(8) A candidate.

1006

(E) Division (D) of this section does not prohibit the	1007
utilization of any person's own time to speak in support of or in	1008
opposition to any candidate, recall, referendum, levy, or bond	1009
issue unless prohibited by any other section of the Revised Code.	1010

(F) Nothing in this section prohibits or restricts any	1011
political subdivision from sponsoring, participating in, or doing	1012
any of the following:	1013

(1) Charitable or public service advertising that is not	1014
commercial in nature;	1015

(2) Advertising of exhibitions, performances, programs,	1016
products, or services that are provided by employees of a	1017
political subdivision or are provided at or through premises owned	1018
or operated by a political subdivision;	1019

(3) Licensing an interest in a name or mark that is owned or	1020
controlled by the political subdivision.	1021

(G) Whoever violates division (D) of this section shall be	1022
punished as provided in section 3599.40 of the Revised Code.	1023

Sec. 9.15. When the body of a dead person is found in a	1024
township or municipal corporation, and such person was not an	1025
inmate of a correctional, benevolent, or charitable institution of	1026
this state, and the body is not claimed by any person for private	1027
interment or cremation at the person's own expense, or delivered	1028
for the purpose of medical or surgical study or dissection in	1029
accordance with section 1713.34 of the Revised Code, it shall be	1030
disposed of as follows:	1031

(A) If the person was a legal resident of the county, the	1032
proper officers of the township or municipal corporation in which	1033
the person's body was found shall cause it to be buried or	1034
cremated at the expense of the township or municipal corporation	1035
in which the person had a legal residence at the time of death.	1036

(B) If the person had a legal residence in any other county	1037
of the state at the time of death, the superintendent of the	1038
county home of the county in which such body was found shall cause	1039
it to be buried or cremated at the expense of the township or	1040
municipal corporation in which the person had a legal residence at	1041
the time of death.	1042

(C) If the person was an inmate of a correctional institution	1043
of the county or a patient or resident of a benevolent institution	1044
of the county, the person had no legal residence in the state, or	1045
the person's legal residence is unknown, the superintendent shall	1046
cause the person to be buried or cremated at the expense of the	1047
county.	1048

Such officials shall provide, at the grave of the person or,	1049
if the person's cremated remains are buried, at the grave of the	1050
person's cremated remains, a metal, stone, or concrete marker on	1051
which the person's name and age, if known, and date of death shall	1052
be inscribed.	1053

A political subdivision is not relieved of its duty to bury	1054
or cremate a person at its expense under this section when the	1055
body is claimed by an indigent person. As used in this section,	1056
"indigent person" means a person whose income does not exceed one	1057
hundred fifty per cent of the federal poverty line, as revised	1058
annually by the United States department of health and human	1059
services in accordance with section 673(2) of the "Omnibus Budget	1060
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	1061
amended, for a family size equal to the size of the person's	1062
family.	1063

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	1064
this section, a governmental entity shall not disburse money	1065
totaling twenty-five thousand dollars or more to any person for	1066
the provision of services for the primary benefit of individuals	1067
or the public and not for the primary benefit of a governmental	1068
entity or the employees of a governmental entity, unless the	1069
contracting authority of the governmental entity first enters into	1070
a written contract with the person that is signed by the person or	1071
by an officer or agent of the person authorized to legally bind	1072
the person and that embodies all of the requirements and	1073
conditions set forth in sections 9.23 to 9.236 of the Revised	1074
Code. If the disbursement of money occurs over the course of a	1075
governmental entity's fiscal year, rather than in a lump sum, the	1076
contracting authority of the governmental entity shall enter into	1077
the written contract with the person at the point during the	1078
governmental entity's fiscal year that at least seventy-five	1079
thousand dollars has been disbursed by the governmental entity to	1080
the person. Thereafter, the contracting authority of the	1081
governmental entity shall enter into the written contract with the	1082
person at the beginning of the governmental entity's fiscal year,	1083
if, during the immediately preceding fiscal year, the governmental	1084
entity disbursed to that person an aggregate amount totaling at	1085
least seventy-five thousand dollars.	1086

(2) If the money referred to in division (A)(1) of this	1087
section is disbursed by or through more than one state agency to	1088
the person for the provision of services to the same population,	1089
the contracting authorities of those agencies shall determine	1090
which one of them will enter into the written contract with the	1091
person.	1092

(3) The requirements and conditions set forth in divisions	1093
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1094
and (B) of section 9.234, divisions (A)(2) and (B) of section	1095
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1096
apply with respect to the following:	1097

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

1098

(i) The amount received for the services is a set fee for	1099
each time the services are provided, is determined in accordance	1100
with a fixed rate per unit of time or per service, or is a	1101
capitated rate, and the fee or rate is established by competitive	1102
bidding or by a market rate survey of similar services provided in	1103
a defined market area. The market rate survey may be one conducted	1104
by or on behalf of the governmental entity or an independent	1105
survey accepted by the governmental entity as statistically valid	1106
and reliable.	1107

(ii) The services are provided in accordance with standards	1108
established by state or federal law, or by rules or regulations	1109
adopted thereunder, for their delivery, which standards are	1110
enforced by the federal government, a governmental entity, or an	1111
accrediting organization recognized by the federal government or a	1112
governmental entity.	1113

(iii) Payment for the services is made after the services are	1114
delivered and upon submission to the governmental entity of an	1115
invoice or other claim for payment as required by any applicable	1116
local, state, or federal law or, if no such law applies, by the	1117
terms of the contract.	1118

(b) Contracts under which the services are reimbursed through	1119
or in a manner consistent with a federal program that meets all of	1120
the following requirements:	1121

(i) The program calculates the reimbursement rate on the	1122
basis of the previous year's experience or in accordance with an	1123
alternative method set forth in rules adopted by the Ohio	1124
department of job and family services.	1125

(ii) The reimbursement rate is derived from a breakdown of	1126
direct and indirect costs.	1127

(iii) The program's guidelines describe types of expenditures	1128
that are allowable and not allowable under the program and	1129
delineate which costs are acceptable as direct costs for purposes	1130
of calculating the reimbursement rate.	1131

(iv) The program includes a uniform cost reporting system	1132
with specific audit requirements.	1133

(c) Contracts under which the services are reimbursed through	1134
or in a manner consistent with a federal program that calculates	1135
the reimbursement rate on a fee for service basis in compliance	1136
with United States office of management and budget Circular A-87,	1137
as revised May 10, 2004.	1138

(d) Contracts for services that are paid pursuant to the	1139
earmarking of an appropriation made by the general assembly for	1140
that purpose.	1141

(B) Division (A) of this section does not apply if the money	1142
is disbursed to a person pursuant to a contract with the United	1143
States or a governmental entity under any of the following	1144
circumstances:	1145

(1) The person receives the money directly or indirectly from	1146
the United States, and no governmental entity exercises any	1147
oversight or control over the use of the money.	1148

(2) The person receives the money solely in return for the	1149
performance of one or more of the following types of services:	1150

(a) Medical, therapeutic, or other health-related services	1151
provided by a person if the amount received is a set fee for each	1152
time the person provides the services, is determined in accordance	1153
with a fixed rate per unit of time, or is a capitated rate, and	1154
the fee or rate is reasonable and customary in the person's trade	1155
or profession;	1156

(b) Medicaid-funded services, including administrative and	1157
management services, provided pursuant to a contract or medicaid	1158
provider agreement that meets the requirements of the medicaid	1159
program ~~established under Chapter 5111. of the Revised Code~~.	1160

(c) Services, other than administrative or management	1161
services or any of the services described in division (B)(2)(a) or	1162
(b) of this section, that are commonly purchased by the public at	1163
an hourly rate or at a set fee for each time the services are	1164
provided, unless the services are performed for the benefit of	1165
children, persons who are eligible for the services by reason of	1166
advanced age, medical condition, or financial need, or persons who	1167
are confined in a detention facility as defined in section 2921.01	1168
of the Revised Code, and the services are intended to help promote	1169
the health, safety, or welfare of those children or persons;	1170

(d) Educational services provided by a school to children	1171
eligible to attend that school. For purposes of division (B)(2)(d)	1172
of this section, "school" means any school operated by a school	1173
district board of education, any community school established	1174
under Chapter 3314. of the Revised Code, or any nonpublic school	1175
for which the state board of education prescribes minimum	1176
education standards under section 3301.07 of the Revised Code.	1177

(e) Services provided by a foster home as defined in section	1178
5103.02 of the Revised Code;	1179

(f) "Routine business services other than administrative or	1180
management services," as that term is defined by the attorney	1181
general by rule adopted in accordance with Chapter 119. of the	1182
Revised Code;	1183

(g) Services to protect the environment or promote	1184
environmental education that are provided by a nonprofit entity or	1185
services to protect the environment that are funded with federal	1186
grants or revolving loan funds and administered in accordance with	1187
federal law.	1188

(3) The person receives the money solely in return for the	1189
performance of services intended to help preserve public health or	1190
safety under circumstances requiring immediate action as a result	1191
of a natural or man-made emergency.	1192

(C) With respect to an unincorporated nonprofit association,	1193
corporation, or organization established for the purpose of	1194
providing educational, technical, consulting, training, financial,	1195
or other services to its members in exchange for membership dues	1196
and other fees, any of the services provided to a member that is a	1197
governmental entity shall, for purposes of this section, be	1198
considered services "for the primary benefit of a governmental	1199
entity or the employees of a governmental entity."	1200

Sec. 9.239. (A) There is hereby created the government	1201
contracting advisory council. The attorney general and auditor of	1202
state shall consult with the council on the performance of their	1203
rule-making functions under sections 9.237 and 9.238 of the	1204
Revised Code and shall consider any recommendations of the	1205
council. The medicaid director ~~of job and family services~~ shall	1206
annually report to the council the cost methodology of the	1207
medicaid-funded services described in division (A)(3)(d) of	1208
section 9.231 of the Revised Code. The council shall consist of	1209
the following members or their designees:	1210

(1) The attorney general;

1211

(2) The auditor of state;

1212

(3) The director of administrative services;

1213

(4) The director of aging;

1214

(5) ~~The director of alcohol and drug addiction services~~The	1215
medicaid director;	1216

(6) The director of budget and management;

1217

(7) The director of development services;

1218

(8) The director of job and family services;

1219

(9) The director of ~~mental health~~mental health and addiction	1220
services;	1221

(10) The director of developmental disabilities;

1222

(11) The director of rehabilitation and correction;

1223

(12) The administrator of workers' compensation;

1224

(13) The executive director of the county commissioners'	1225
association of Ohio;	1226

(14) The president of the Ohio grantmakers forum;

1227

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

1228

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

1229

(17) The president of the Ohio society of certified public	1230
accountants;	1231

(18) The executive director of the Ohio association of	1232
nonprofit organizations;	1233

(19) The president of the Ohio united way;

1234

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

1235

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

1236

(B) If an agency or organization represented on the council	1237
ceases to exist in the form it has on September 29, 2005, the	1238
successor agency or organization shall be represented in its	1239
place. If there is no successor agency or organization, or if it	1240
is not clear what agency or organization is the successor, the	1241
attorney general shall designate an agency or organization to be	1242
represented in place of the agency or organization originally	1243
represented on the council.	1244

(C) The two members appointed to the council shall serve	1245
three-year terms. Original appointments shall be made not later	1246
than sixty days after September 29, 2005. Vacancies on the council	1247
shall be filled in the same manner as the original appointment.	1248

(D) The attorney general or the attorney general's designee	1249
shall be the chairperson of the council. The council shall meet at	1250
least once every two years to review the rules adopted under	1251
sections 9.237 and 9.238 of the Revised Code and to make	1252
recommendations to the attorney general and auditor of state	1253
regarding the adoption, amendment, or repeal of those rules. The	1254
council shall also meet at other times as requested by the	1255
attorney general or auditor of state.	1256

(E) Members of the council shall serve without compensation	1257
or reimbursement.	1258

(F) The office of the attorney general shall provide	1259
necessary staff, facilities, supplies, and services to the	1260
council.	1261

(G) Sections 101.82 to 101.87 of the Revised Code do not	1262
apply to the council.	1263

Sec. 9.24. (A) Except as may be allowed under division (F) of	1264
this section, no state agency and no political subdivision shall	1265
award a contract as described in division (G)(1) of this section	1266
for goods, services, or construction, paid for in whole or in part	1267
with state funds, to a person against whom a finding for recovery	1268
has been issued by the auditor of state on and after January 1,	1269
2001, if the finding for recovery is unresolved.	1270

A contract is considered to be awarded when it is entered	1271
into or executed, irrespective of whether the parties to the	1272
contract have exchanged any money.	1273

(B) For purposes of this section, a finding for recovery is	1274
unresolved unless one of the following criteria applies:	1275

(1) The money identified in the finding for recovery is paid	1276
in full to the state agency or political subdivision to whom the	1277
money was owed;	1278

(2) The debtor has entered into a repayment plan that is	1279
approved by the attorney general and the state agency or political	1280
subdivision to whom the money identified in the finding for	1281
recovery is owed. A repayment plan may include a provision	1282
permitting a state agency or political subdivision to withhold	1283
payment to a debtor for goods, services, or construction provided	1284
to or for the state agency or political subdivision pursuant to a	1285
contract that is entered into with the debtor after the date the	1286
finding for recovery was issued.	1287

(3) The attorney general waives a repayment plan described in	1288
division (B)(2) of this section for good cause;	1289

(4) The debtor and state agency or political subdivision to	1290
whom the money identified in the finding for recovery is owed have	1291
agreed to a payment plan established through an enforceable	1292
settlement agreement.	1293

(5) The state agency or political subdivision desiring to	1294
enter into a contract with a debtor certifies, and the attorney	1295
general concurs, that all of the following are true:	1296

(a) Essential services the state agency or political	1297
subdivision is seeking to obtain from the debtor cannot be	1298
provided by any other person besides the debtor;	1299

(b) Awarding a contract to the debtor for the essential	1300
services described in division (B)(5)(a) of this section is in the	1301
best interest of the state;	1302

(c) Good faith efforts have been made to collect the money	1303
identified in the finding of recovery.	1304

(6) The debtor has commenced an action to contest the finding	1305
for recovery and a final determination on the action has not yet	1306
been reached.	1307

(C) The attorney general shall submit an initial report to	1308
the auditor of state, not later than December 1, 2003, indicating	1309
the status of collection for all findings for recovery issued by	1310
the auditor of state for calendar years 2001, 2002, and 2003.	1311
Beginning on January 1, 2004, the attorney general shall submit to	1312
the auditor of state, on the first day of every January, April,	1313
July, and October, a list of all findings for recovery that have	1314
been resolved in accordance with division (B) of this section	1315
during the calendar quarter preceding the submission of the list	1316
and a description of the means of resolution. The attorney general	1317
shall notify the auditor of state when a judgment is issued	1318
against an entity described in division (F)(1) of this section.	1319

(D) The auditor of state shall maintain a database,	1320
accessible to the public, listing persons against whom an	1321
unresolved finding for recovery has been issued, and the amount of	1322
the money identified in the unresolved finding for recovery. The	1323
auditor of state shall have this database operational on or before	1324
January 1, 2004. The initial database shall contain the	1325
information required under this division for calendar years 2001,	1326
2002, and 2003.	1327

Beginning January 15, 2004, the auditor of state shall update	1328
the database by the fifteenth day of every January, April, July,	1329
and October to reflect resolved findings for recovery that are	1330
reported to the auditor of state by the attorney general on the	1331
first day of the same month pursuant to division (C) of this	1332
section.	1333

(E) Before awarding a contract as described in division	1334
(G)(1) of this section for goods, services, or construction, paid	1335
for in whole or in part with state funds, a state agency or	1336
political subdivision shall verify that the person to whom the	1337
state agency or political subdivision plans to award the contract	1338
has no unresolved finding for recovery issued against the person.	1339
A state agency or political subdivision shall verify that the	1340
person does not appear in the database described in division (D)	1341
of this section or shall obtain other proof that the person has no	1342
unresolved finding for recovery issued against the person.	1343

(F) The prohibition of division (A) of this section and the	1344
requirement of division (E) of this section do not apply with	1345
respect to the companies, payments, or agreements described in	1346
divisions (F)(1) and (2) of this section, or in the circumstance	1347
described in division (F)(3) of this section.	1348

(1) A bonding company or a company authorized to transact the	1349
business of insurance in this state, a self-insurance pool, joint	1350
self-insurance pool, risk management program, or joint risk	1351
management program, unless a court has entered a final judgment	1352
against the company and the company has not yet satisfied the	1353
final judgment.	1354

(2) To medicaid provider agreements under ~~Chapter 5111. of~~	1355
the ~~Revised Code~~medicaid program.	1356

(3) When federal law dictates that a specified entity provide	1357
the goods, services, or construction for which a contract is being	1358
awarded, regardless of whether that entity would otherwise be	1359
prohibited from entering into the contract pursuant to this	1360
section.	1361

(G)(1) This section applies only to contracts for goods,	1362
services, or construction that satisfy the criteria in either	1363
division (G)(1)(a) or (b) of this section. This section may apply	1364
to contracts for goods, services, or construction that satisfy the	1365
criteria in division (G)(1)(c) of this section, provided that the	1366
contracts also satisfy the criteria in either division (G)(1)(a)	1367
or (b) of this section.	1368

(a) The cost for the goods, services, or construction	1369
provided under the contract is estimated to exceed twenty-five	1370
thousand dollars.	1371

(b) The aggregate cost for the goods, services, or	1372
construction provided under multiple contracts entered into by the	1373
particular state agency and a single person or the particular	1374
political subdivision and a single person within the fiscal year	1375
preceding the fiscal year within which a contract is being entered	1376
into by that same state agency and the same single person or the	1377
same political subdivision and the same single person, exceeded	1378
fifty thousand dollars.	1379

(c) The contract is a renewal of a contract previously	1380
entered into and renewed pursuant to that preceding contract.	1381

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

1382

(H) As used in this section:

1383

(1) "State agency" has the same meaning as in section 9.66 of	1384
the Revised Code.	1385

(2) "Political subdivision" means a political subdivision as	1386
defined in section 9.82 of the Revised Code that has received more	1387
than fifty thousand dollars of state money in the current fiscal	1388
year or the preceding fiscal year.	1389

(3) "Finding for recovery" means a determination issued by	1390
the auditor of state, contained in a report the auditor of state	1391
gives to the attorney general pursuant to section 117.28 of the	1392
Revised Code, that public money has been illegally expended,	1393
public money has been collected but not been accounted for, public	1394
money is due but has not been collected, or public property has	1395
been converted or misappropriated.	1396

(4) "Debtor" means a person against whom a finding for	1397
recovery has been issued.	1398

(5) "Person" means the person named in the finding for	1399
recovery.	1400

(6) "State money" does not include funds the state receives	1401
from another source and passes through to a political subdivision.	1402

Sec. 9.833. (A) As used in this section, "political	1403
subdivision" has the meaning defined in sections 2744.01 and	1404
3905.36 of the Revised Code. For purposes of this section,	1405
"political subdivision" includes municipal corporations as defined	1406
in section 5705.01 of the Revised Code.	1407

(B) Political subdivisions that provide health care benefits	1408
for their officers or employees may do any of the following:	1409

(1) Establish and maintain an individual self-insurance	1410
program with public moneys to provide authorized health care	1411
benefits, including but not limited to, health care, prescription	1412
drugs, dental care, and vision care, in accordance with division	1413
(C) of this section;	1414

(2) Establish and maintain a health savings account program	1415
whereby employees or officers may establish and maintain health	1416
savings accounts in accordance with section 223 of the Internal	1417
Revenue Code. Public moneys may be used to pay for or fund	1418
federally qualified high deductible health plans that are linked	1419
to health savings accounts or to make contributions to health	1420
savings accounts. A health savings account program may be a part	1421
of a self-insurance program.	1422

(3) After establishing an individual self-insurance program,	1423
agree with other political subdivisions that have established	1424
individual self-insurance programs for health care benefits, that	1425
their programs will be jointly administered in a manner specified	1426
in the agreement;	1427

(4) Pursuant to a written agreement and in accordance with	1428
division (C) of this section, join in any combination with other	1429
political subdivisions to establish and maintain a joint	1430
self-insurance program to provide health care benefits;	1431

(5) Pursuant to a written agreement, join in any combination	1432
with other political subdivisions to procure or contract for	1433
policies, contracts, or plans of insurance to provide health care	1434
benefits, which may include a health savings account program for	1435
their officers and employees subject to the agreement;	1436

(6) Use in any combination any of the policies, contracts,	1437
plans, or programs authorized under this division.	1438

(7) Any agreement made under division (B)(3), (4), (5), or	1439
(6) of this section shall be in writing, comply with division (C)	1440
of this section, and contain best practices established in	1441
consultation with and approved by the department of administrative	1442
services. The best practices may be reviewed and amended at the	1443
discretion of the political subdivisions in consultation with the	1444
department. Detailed information regarding the best practices	1445
shall be made available to any employee upon that employee's	1446
request.	1447

(8) Purchase plans ~~approved~~containing best practices	1448
established by the department of administrative services under	1449
section 9.901 of the Revised Code.	1450

(C) Except as otherwise provided in division (E) of this	1451
section, the following apply to individual or joint self-insurance	1452
programs established pursuant to this section:	1453

(1) Such funds shall be reserved as are necessary, in the	1454
exercise of sound and prudent actuarial judgment, to cover	1455
potential cost of health care benefits for the officers and	1456
employees of the political subdivision. A certified audited	1457
financial statement and a report of aggregate amounts so reserved	1458
and aggregate disbursements made from such funds, together with a	1459
written report of a member of the American academy of actuaries	1460
certifying whether the amounts reserved conform to the	1461
requirements of this division, are computed in accordance with	1462
accepted loss reserving standards, and are fairly stated in	1463
accordance with sound loss reserving principles, shall be prepared	1464
and maintained, within ninety days after the last day of the	1465
fiscal year of the entity for which the report is provided for	1466
that fiscal year, in the office of the program administrator	1467
described in division (C)(3) of this section.	1468

The report required by division (C)(1) of this section shall	1469
include, but not be limited to, the aggregate of disbursements	1470
made for the administration of the program, including claims paid,	1471
costs of the legal representation of political subdivisions and	1472
employees, and fees paid to consultants.	1473

The program administrator described in division (C)(3) of	1474
this section shall make the report required by this division	1475
available for inspection by any person at all reasonable times	1476
during regular business hours, and, upon the request of such	1477
person, shall make copies of the report available at cost within a	1478
reasonable period of time. The program administrator shall further	1479
provide the report to the auditor of state under Chapter 117. of	1480
the Revised Code. The report required by this division is in lieu	1481
of the records required by division (A) of section 149.431 of the	1482
Revised Code.	1483

(2) Each political subdivision shall reserve funds necessary	1484
for an individual or joint self-insurance program in a special	1485
fund that may be established for political subdivisions other than	1486
an agency or instrumentality pursuant to an ordinance or	1487
resolution of the political subdivision and not subject to section	1488
5705.12 of the Revised Code. An agency or instrumentality shall	1489
reserve the funds necessary for an individual or joint	1490
self-insurance program in a special fund established pursuant to a	1491
resolution duly adopted by the agency's or instrumentality's	1492
governing board. The political subdivision may allocate the costs	1493
of insurance or any self-insurance program, or both, among the	1494
funds or accounts established under this division on the basis of	1495
relative exposure and loss experience.	1496

(3) A contract may be awarded, without the necessity of	1497
competitive bidding, to any person, political subdivision,	1498
nonprofit corporation organized under Chapter 1702. of the Revised	1499
Code, or regional council of governments created under Chapter	1500
167. of the Revised Code for purposes of administration of an	1501
individual or joint self-insurance program. No such contract shall	1502
be entered into without full, prior, public disclosure of all	1503
terms and conditions. The disclosure shall include, at a minimum,	1504
a statement listing all representations made in connection with	1505
any possible savings and losses resulting from the contract, and	1506
potential liability of any political subdivision or employee. The	1507
proposed contract and statement shall be disclosed and presented	1508
at a meeting of the political subdivision not less than one week	1509
prior to the meeting at which the political subdivision authorizes	1510
the contract.	1511

A contract awarded to a nonprofit corporation or a regional	1512
council of governments under this division may provide that all	1513
employees of the nonprofit corporation or regional council of	1514
governments, the employees of all entities related to the	1515
nonprofit corporation or regional council of governments, and the	1516
employees of other nonprofit corporations that have fifty or fewer	1517
employees and have been organized for the primary purpose of	1518
representing the interests of political subdivisions, may be	1519
covered by the individual or joint self-insurance program under	1520
the terms and conditions set forth in the contract.	1521

(4) The individual or joint self-insurance program shall	1522
include a contract with a certified public accountant and a member	1523
of the American academy of actuaries for the preparation of the	1524
written evaluations required under division (C)(1) of this	1525
section.	1526

(5) A joint self-insurance program may allocate the costs of	1527
funding the program among the funds or accounts established under	1528
this division to the participating political subdivisions on the	1529
basis of their relative exposure and loss experience.	1530

(6) An individual self-insurance program may allocate the	1531
costs of funding the program among the funds or accounts	1532
established under this division to the political subdivision that	1533
established the program.	1534

(7) Two or more political subdivisions may also authorize the	1535
establishment and maintenance of a joint health care cost	1536
containment program, including, but not limited to, the employment	1537
of risk managers, health care cost containment specialists, and	1538
consultants, for the purpose of preventing and reducing health	1539
care costs covered by insurance, individual self-insurance, or	1540
joint self-insurance programs.	1541

(8) A political subdivision is not liable under a joint	1542
self-insurance program for any amount in excess of amounts payable	1543
pursuant to the written agreement for the participation of the	1544
political subdivision in the joint self-insurance program. Under a	1545
joint self-insurance program agreement, a political subdivision	1546
may, to the extent permitted under the written agreement, assume	1547
the risks of any other political subdivision. A joint	1548
self-insurance program established under this section is deemed a	1549
separate legal entity for the public purpose of enabling the	1550
members of the joint self-insurance program to obtain insurance or	1551
to provide for a formalized, jointly administered self-insurance	1552
fund for its members. An entity created pursuant to this section	1553
is exempt from all state and local taxes.	1554

(9) Any political subdivision, other than an agency or	1555
instrumentality, may issue general obligation bonds, or special	1556
obligation bonds that are not payable from real or personal	1557
property taxes, and may also issue notes in anticipation of such	1558
bonds, pursuant to an ordinance or resolution of its legislative	1559
authority or other governing body for the purpose of providing	1560
funds to pay expenses associated with the settlement of claims,	1561
whether by way of a reserve or otherwise, and to pay the political	1562
subdivision's portion of the cost of establishing and maintaining	1563
an individual or joint self-insurance program or to provide for	1564
the reserve in the special fund authorized by division (C)(2) of	1565
this section.	1566

In its ordinance or resolution authorizing bonds or notes	1567
under this section, a political subdivision may elect to issue	1568
such bonds or notes under the procedures set forth in Chapter 133.	1569
of the Revised Code. In the event of such an election,	1570
notwithstanding Chapter 133. of the Revised Code, the maturity of	1571
the bonds may be for any period authorized in the ordinance or	1572
resolution not exceeding twenty years, which period shall be the	1573
maximum maturity of the bonds for purposes of section 133.22 of	1574
the Revised Code.	1575

Bonds and notes issued under this section shall not be	1576
considered in calculating the net indebtedness of the political	1577
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	1578
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	1579
hereby made applicable to bonds or notes authorized under this	1580
section.	1581

(10) A joint self-insurance program is not an insurance	1582
company. Its operation does not constitute doing an insurance	1583
business and is not subject to the insurance laws of this state.	1584

(D) A political subdivision may procure group life insurance	1585
for its employees in conjunction with an individual or joint	1586
self-insurance program authorized by this section, provided that	1587
the policy of group life insurance is not self-insured.	1588

(E) This section does not apply to individual self-insurance	1589
programs created solely by municipal corporations as defined in	1590
section 5705.01 of the Revised Code.	1591

(F) A public official or employee of a political subdivision	1592
who is or becomes a member of the governing body of the program	1593
administrator of a joint self-insurance program in which the	1594
political subdivision participates is not in violation of division	1595
(D) or (E) of section 102.03, division (C) of section 102.04, or	1596
section 2921.42 of the Revised Code as a result of either of the	1597
following:	1598

(1) The political subdivision's entering under this section	1599
into the written agreement to participate in the joint	1600
self-insurance program;	1601

(2) The political subdivision's entering under this section	1602
into any other contract with the joint self-insurance program.	1603

Sec. 9.90. (A) ~~The following applies until the department of~~	1604
~~administrative services implements healthcare plans designed under~~	1605
~~section 9.901 of the Revised Code. If those plans do not include~~	1606
~~or address any benefits listed in this section, or if the board of~~	1607
~~trustees or other governing body of a state institution of higher~~	1608
~~education, as defined in section 3345.011 of the Revised Code,~~	1609
~~board of education of a school district, or governing board of an~~	1610
~~educational service center do not elect to be covered under a plan~~	1611
~~offered by the department of administrative services under section~~	1612
~~9.901 of the Revised Code, the following provisions continue in~~	1613
~~effect for those benefits.~~ The board of trustees or other	1614
governing body of a state institution of higher education, as	1615
defined in section 3345.011 of the Revised Code, board of	1616
education of a school district, or governing board of an	1617
educational service center may, in addition to all other powers	1618
provided in the Revised Code:	1619

(1) Contract for, purchase, or otherwise procure from an	1620
insurer or insurers licensed to do business by the state of Ohio	1621
for or on behalf of such of its employees as it may determine,	1622
life insurance, or sickness, accident, annuity, endowment, health,	1623
medical, hospital, dental, or surgical coverage and benefits, or	1624
any combination thereof, by means of insurance plans or other	1625
types of coverage, family, group or otherwise, and may pay from	1626
funds under its control and available for such purpose all or any	1627
portion of the cost, premium, or charge for such insurance,	1628
coverage, or benefits. However, the governing board, in addition	1629
to or as an alternative to the authority otherwise granted by	1630
division (A)(1) of this section, may elect to procure coverage for	1631
health care services, for or on behalf of such of its employees as	1632
it may determine, by means of policies, contracts, certificates,	1633
or agreements issued by at least two health insuring corporations	1634
holding a certificate of authority under Chapter 1751. of the	1635
Revised Code and may pay from funds under the governing board's	1636
control and available for such purpose all or any portion of the	1637
cost of such coverage.	1638

(2) Make payments to a custodial account for investment in	1639
regulated investment company stock for the purpose of providing	1640
retirement benefits as described in section 403(b)(7) of the	1641
Internal Revenue Code of 1954, as amended. Such stock shall be	1642
purchased only from persons authorized to sell such stock in this	1643
state.	1644

Any income of an employee deferred under divisions (A)(1) and	1645
(2) of this section in a deferred compensation program eligible	1646
for favorable tax treatment under the Internal Revenue Code of	1647
1954, as amended, shall continue to be included as regular	1648
compensation for the purpose of computing the contributions to and	1649
benefits from the retirement system of such employee. Any sum so	1650
deferred shall not be included in the computation of any federal	1651
and state income taxes withheld on behalf of any such employee.	1652

(B) All or any portion of the cost, premium, or charge	1653
therefor may be paid in such other manner or combination of	1654
manners as the board or governing body may determine, including	1655
direct payment by the employee in cases under division (A)(1) of	1656
this section, and, if authorized in writing by the employee in	1657
cases under division (A)(1) or (2) of this section, by the board	1658
or governing body with moneys made available by deduction from or	1659
reduction in salary or wages or by the foregoing of a salary or	1660
wage increase. Nothing in section 3917.01 or section 3917.06 of	1661
the Revised Code shall prohibit the issuance or purchase of group	1662
life insurance authorized by this section by reason of payment of	1663
premiums therefor by the board or governing body from its funds,	1664
and such group life insurance may be so issued and purchased if	1665
otherwise consistent with the provisions of sections 3917.01 to	1666
3917.07 of the Revised Code.	1667

(C) The board of education of any school district may	1668
exercise any of the powers granted to the governing boards of	1669
public institutions of higher education under divisions (A) and	1670
(B) of this section. All health care benefits provided to persons	1671
employed by the public schools of this state shall be through	1672
health care plans that contain best practices established by the	1673
department of administrative services pursuant to section 9.901 of	1674
the Revised Code.	1675

~~(D) Once the department of administrative services releases~~	1676
~~in final form health care plans designed under section 9.901 of~~	1677
~~the Revised Code, all health care benefits provided to persons~~	1678
~~employed by state institutions of higher education, school~~	1679
~~districts, or educational service centers may be through those~~	1680
~~plans.~~	1681

Sec. 9.901. (A)(1) All health care benefits provided to	1682
persons employed by ~~the political subdivisions and~~ public ~~school~~	1683
~~districts of~~employers as defined by this ~~state~~section shall be	1684
provided by health care plans that contain best practices	1685
established ~~pursuant to this section~~ by the former school	1686
employees health care board or the department of administrative	1687
services. ~~Twelve months after the release of best practices by the~~	1688
~~board all~~All policies or contracts for health care benefits	1689
~~provided to public school district employees~~ that are issued or	1690
renewed after the expiration of any applicable collective	1691
bargaining agreement must contain all best practices established	1692
pursuant to this section ~~by the board~~at the time of renewal. ~~Any~~	1693
~~or all of the health~~Health care plans that contain the best	1694
practices ~~specified by the board~~ may be self-insured.	1695

(2) Upon ~~completion of the consultant's report under division~~	1696
~~(E) of this section and once the plans are released in final form~~	1697
~~by the department, all health care benefits provided to persons~~	1698
~~employed by political subdivisions, public school districts, and~~	1699
~~state institutions of higher education may be provided by health~~	1700
~~care plans designed under this section by the department. The~~	1701
~~department, in consultation with the superintendent of insurance,~~	1702
~~may negotiate with and, in accordance with the competitive~~	1703
~~selection procedures of Chapter 125. of the Revised Code, contract~~	1704
~~with one or more insurance companies authorized to do business in~~	1705
~~this state for the issuance of the plans. Any or all of the health~~	1706
~~care plans designed by the department may be self-insured. All~~	1707
~~self-insured plans adopted shall be administered by the department~~	1708
~~in accordance with this section. The plans shall incorporate the~~	1709
~~best practices adopted by the department under division (C)(3) of~~	1710
~~this section~~consulting with the department of administrative	1711
services, a political subdivision may adopt a delivery system of	1712
benefits that is not in accordance with the department's adopted	1713
best practices if it is considered by the department to be most	1714
financially advantageous to the political subdivision.	1715

(3) ~~Before soliciting proposals from insurance companies for~~	1716
~~the issuance of health care plans, the department, in consultation~~	1717
~~with the superintendent of insurance, shall determine what~~	1718
~~geographic regions exist in the state based on the availability of~~	1719
~~providers, networks, costs, and other factors relating to~~	1720
~~providing health care benefits. The department shall then~~	1721
~~determine what health care plans offered by political~~	1722
~~subdivisions, public school districts, state institutions, and~~	1723
~~existing consortiums in the region offer the most cost-effective~~	1724
~~plan.~~	1725

~~(4) The department, in consultation with the superintendent~~	1726
~~of insurance, shall develop a request for proposals and solicit~~	1727
~~bids for health care plans for political subdivisions, public~~	1728
~~school districts, and state institutions in a region similar to~~	1729
~~the existing plans. The department shall also determine the~~	1730
~~benefits offered by existing health care plans, the employees'~~	1731
~~costs, and the cost-sharing arrangements used by political~~	1732
~~subdivisions, schools, and institutions participating in a~~	1733
~~consortium. The department shall determine what strategies are~~	1734
~~used by the existing plans to manage health care costs and shall~~	1735
~~study the potential benefits of state or regional consortiums~~	1736
~~offering multiple health care plans. When options exist in a~~	1737
~~defined regional service area that meet the benchmarks or best~~	1738
~~practices prescribed by the department, public employees shall be~~	1739
~~given the option of selecting from two or more health plans.~~	1740

~~(5) No political subdivision, public school district, or~~	1741
~~state institution may be required to offer the health care plans~~	1742
~~designed under this section until action is taken under division~~	1743
~~(E) of this section.~~	1744

~~In addition, political subdivisions, public school districts,~~	1745
~~or state institutions offering employee health care benefits~~	1746
~~through a plan offered by a consortium of two or more political~~	1747
~~subdivisions, districts, or state institutions, or a consortium of~~	1748
~~one or more political subdivisions, districts, or state~~	1749
~~institutions and one or more other political subdivisions may~~	1750
~~continue offering consortium plans to the political subdivisions',~~	1751
~~districts', or institutions' employees if plans contain best~~	1752
~~practices required under this section.~~	1753

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

1754

(a) "Public employer" means political subdivisions, public	1755
school districts, or state institutions of higher education.	1756

(b) "Public school district" means a city, local, exempted	1757
village, or joint vocational school district; a STEM school	1758
established under Chapter 3326. of the Revised Code; or an	1759
educational service center. "Public school district" does not mean	1760
a community school established under Chapter 3314. of the Revised	1761
Code.	1762

~~(b)~~(c) "State institution of higher education" or "state	1763
institution" means a state institution of higher education as	1764
defined in section 3345.011 of the Revised Code.	1765

~~(c)~~(d) "Political subdivision" has the same meaning as	1766
defined in section 9.833 of the Revised Code.	1767

~~(d)~~(e) A "health care plan" includes group policies,	1768
contracts, and agreements that provide hospital, surgical, or	1769
medical expense coverage, including self-insured plans. A "health	1770
care plan" does not include an individual plan offered to the	1771
employees of a political subdivision, public school district, or	1772
state institution, or a plan that provides coverage only for	1773
specific disease or accidents, or a hospital indemnity, medicare	1774
supplement, or other plan that provides only supplemental	1775
benefits, paid for by the employees of a political subdivision,	1776
public school district, or state institution.	1777

~~(e)~~(f) A "health plan sponsor" means a political subdivision,	1778
public school district, a state institution of higher education, a	1779
consortium of political subdivisions, public school districts, or	1780
state institutions, or a council of governments.	1781

~~(B)~~(4) The ~~political subdivisions and~~ public employees health	1782
care fund is hereby created in the state treasury. The department	1783
shall use all funds in the ~~political subdivisions and~~ public	1784
employees health care fund solely to carry out the provisions of	1785
this section and related administrative costs.	1786

~~(C)~~(B) The department of administrative services shall do all	1787
of the following:	1788

(1) ~~Include disease management and consumer education~~	1789
~~programs, which programs shall include, but are not limited to,~~	1790
~~wellness programs and other measures designed to encourage the~~	1791
~~wise use of medical plan coverage. These programs are not services~~	1792
~~or treatments for purposes of section 3901.71 of the Revised Code.~~	1793

~~(2) After action is taken under division (E) of this section,~~	1794
~~design health care plans for political subdivisions, public school~~	1795
~~districts, and state institutions of higher education in~~	1796
~~accordance with division (A) of this section separate from the~~	1797
~~plans for state agencies;~~	1798

~~(3) Adopt and release a set of standards that shall be~~	1799
~~considered the best practices for health care plans offered to~~	1800
~~employees of political subdivisions, public school districts, and~~	1801
~~state institutions.~~	1802

~~(4) Require that the plans the health plan sponsors~~	1803
~~administer make readily available to the public all cost and~~	1804
~~design elements of the plan;~~	1805

~~(5) Set employee and employer health care plan premiums for~~	1806
~~the plans designed under division (C)(2) of this section;~~	1807

~~(6) Promote cooperation among all organizations affected by~~	1808
~~this section in identifying the elements for the successful~~	1809
~~implementation of this section;~~	1810

~~(7) Promote cost containment measures aligned with patient,~~	1811
~~plan, and provider management strategies in developing and~~	1812
~~managing health care plans;~~	1813

~~(8) Prepare and disseminate to the public an annual report on~~	1814
~~the status of health plan sponsors' effectiveness in making~~	1815
~~progress to reduce the rate of increase in insurance premiums and~~	1816
~~employee out of pocket expenses, as well as progress in improving~~	1817
~~the health status of political subdivision, public school~~	1818
~~district, and state institution employees and their families.~~	1819

~~(D) The sections in Chapter 3923. of the Revised Code~~	1820
~~regulating public employee benefit plans are not applicable to the~~	1821
~~health care plans designed pursuant to this section.~~	1822

~~(E) Before the department's release of the initial health~~	1823
~~care plans, the department shall contract with an independent~~	1824
~~consultant to analyze costs related to employee health care~~	1825
~~benefits provided by existing political subdivision, public school~~	1826
~~district, and state institution plans. All political subdivisions~~	1827
~~shall provide information requested by the department that the~~	1828
~~department determines is needed to complete this study. The~~	1829
~~information requested shall be held confidentially by the~~	1830
~~department and shall not be considered a public record under~~	1831
~~Chapter 149. of the Revised Code. The department may release the~~	1832
~~information after redacting all personally identifiable~~	1833
~~information. The consultant shall determine the benefits offered~~	1834
~~by existing plans, the employees' costs, and the cost-sharing~~	1835
~~arrangements used by political subdivisions, schools, and~~	1836
~~institutions participating in a consortium. The consultant shall~~	1837
~~determine what strategies are used by the existing plans to manage~~	1838
~~health care costs and shall study the potential benefits of state~~	1839
~~or regional consortiums of political subdivisions, public schools,~~	1840
~~and institutions offering multiple health care plans. Based on the~~	1841
~~findings of the analysis, the consultant shall submit written~~	1842
~~recommendations to the department for the development and~~	1843
~~implementation of a successful program for pooling purchasing~~	1844
~~power for the acquisition of employee health care plans. The~~	1845
~~consultant's recommendations shall address, at a minimum, all of~~	1846
~~the following issues:~~	1847

~~(1) The development of a plan for regional coordination of~~	1848
~~the health care plans;~~	1849

~~(2) The establishment of regions for the provision of health~~	1850
~~care plans, based on the availability of providers and plans in~~	1851
~~the state at the time;~~	1852

~~(3) The viability of voluntary and mandatory participation by~~	1853
~~political subdivisions, public schools, and institutions of higher~~	1854
~~education;~~	1855

~~(4) The use of regional preferred provider and closed panel~~	1856
~~plans, health savings accounts, and alternative health care plans,~~	1857
~~to stabilize both costs and the premiums charged to political~~	1858
~~subdivisions, public school districts, and state institutions and~~	1859
~~their employees;~~	1860

~~(5) The use of the competitive bidding process for regional~~	1861
~~health care plans;~~	1862

~~(6) The use of information on claims and costs and of~~	1863
~~information reported by political subdivisions, public school~~	1864
~~districts, and state institutions pursuant to the Consolidated~~	1865
~~Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.~~	1866
~~1161, as amended in analyzing administrative and premium costs;~~	1867

~~(7) The experience of states that have statewide health care~~	1868
~~plans for political subdivision, public school district, and state~~	1869
~~institution employees, including the implementation strategies~~	1870
~~used by those states;~~	1871

~~(8) Recommended strategies for the use of first-year roll-in~~	1872
~~premiums in the transition from political subdivision, district,~~	1873
~~and state institution health care plans to department plans;~~	1874

~~(9) The option of allowing political subdivisions, public~~	1875
~~school districts, and state institutions to join an existing~~	1876
~~regional consortium as an alternative to department plans;~~	1877

~~(10) Mandatory and optional coverages to be offered by the~~	1878
~~department's plans;~~	1879

~~(11) Potential risks to the state from the use of plans~~	1880
~~developed under this section;~~	1881

~~(12) Any legislation needed to ensure the long-term financial~~	1882
~~solvency and stability of a health care purchasing system;~~	1883

~~(13) The potential impacts of any changes to the existing~~	1884
~~purchasing structure on all of the following:~~	1885

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

1886

~~(b) Political subdivision, school district, and state~~	1887
~~institution employees;~~	1888

~~(c) Individual political subdivisions, school districts, and~~	1889
~~state institutions.~~	1890

~~(14) Issues that could arise when political subdivisions,~~	1891
~~school districts, and state institutions transition from the~~	1892
~~existing purchasing structure to a new purchasing structure;~~	1893

~~(15) Strategies available to the department in the creation~~	1894
~~of fund reserves and the need for stop-loss insurance coverage for~~	1895
~~catastrophic losses;~~	1896

~~(16) Impact on eliminating the premium tax or excise~~	1897
~~currently received on behalf of a public employer under division~~	1898
~~(A) of section 5725.18 and division (A) of 5729.03 of the Revised~~	1899
~~Code;~~	1900

~~(17) How development of the federal health exchange in Ohio~~	1901
~~may impact public employees;~~	1902

~~(18) Impact of joint health insurance regional program on~~	1903
~~insurance carriers and agents;~~	1904

~~(19) The benefits, including any cost savings to the state of~~	1905
~~establishing a benchmark for public employers to meet in lieu of~~	1906
~~establishing new plans administered by the department.~~	1907

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

1908

(2) Study the potential benefits of state or regional	1909
consortiums of public employers' health care plans;	1910

(3) Publish information regarding the health care plans	1911
offered by political subdivisions, public school districts, state	1912
institutions, and existing consortiums;	1913

(4) Assist in the design of health care plans for political	1914
subdivisions, public school districts, and state institutions of	1915
higher education in accordance with division (A) of this section	1916
separate from the plans for state agencies;	1917

(5) Adopt and release a set of standards that shall be	1918
considered the best practices for health care plans offered to	1919
employees of political subdivisions, public school districts, and	1920
state institutions;	1921

(6) Require that plans the health plan sponsors administer	1922
make readily available to the public all cost and design elements	1923
of the plan;	1924

(7) Promote cooperation among all organizations affected by	1925
this section in identifying the elements for successful	1926
implementation of this section;	1927

(8) Promote cost containment measures aligned with patient,	1928
plan, and provider management strategies in developing and	1929
managing health care plans; and	1930

(9) Prepare and disseminate to the public an annual report on	1931
the status of health plan sponsors' effectiveness in complying	1932
with best practices and making progress to reduce the rate of	1933
increase in insurance premiums and employee out-of-pocket	1934
expenses, as well as progress in improving the health status of	1935
employees and their families.	1936

(C) The director of administrative services may convene a	1937
public health care advisory committee ~~is hereby created under the~~	1938
~~department of administrative services~~. The committee shall make	1939
recommendations to the director of administrative services or the	1940
director's designee on the development and adoption of best	1941
practices under this section. The committee shall consist of	1942
fifteen members: five members appointed by the speaker of the	1943
house of representatives,; five members appointed by the president	1944
of the senate,; and five members appointed by the governor ~~and~~	1945
~~shall include representatives from state and local government~~	1946
~~employers, state and local government employees, insurance agents,~~	1947
~~health insurance companies, and joint purchasing arrangements~~	1948
~~currently in existence. Nothing in this section prohibits a~~	1949
~~political subdivision from adopting a delivery system of benefits~~	1950
~~that is not in accordance with the department's adopted best~~	1951
~~practices if it is considered to be most financially advantageous~~	1952
~~to the political subdivision~~. Members shall serve without	1953
compensation.	1954

~~(G)~~(D) The department may adopt rules for the enforcement of	1955
health plan sponsors' compliance with the best practices standards	1956
adopted by the department pursuant to this section.	1957

~~(H)~~(E) Any health care plan providing coverage for the	1958
employees of political subdivisions, public school districts, or	1959
state institutions of higher education, or that have provided	1960
coverage within two years before the effective date of this	1961
amendment, shall provide nonidentifiable aggregate claims and	1962
administrative data for the coverage provided as required by the	1963
department, without charge, within thirty days after receiving a	1964
written request from the department. The claims data shall include	1965
data relating to employee group benefit sets, demographics, and	1966
claims experience.	1967

~~(I)(1)~~(F) The department may ~~contract~~work with other state	1968
agencies ~~for~~to obtain services as the department deems necessary	1969
for the implementation and operation of this section, based on	1970
demonstrated experience and expertise in administration,	1971
management, data handling, actuarial studies, quality assurance,	1972
or for other needed services.	1973

~~(2)~~(G) The department shall hire staff as necessary to	1974
provide administrative support to the department and the public	1975
employee health care plan program established by this section.	1976

~~(J) Not more than ninety days before coverage begins for~~	1977
~~political subdivision, public school district, and state~~	1978
~~institution employees under health care plans designed by the~~	1979
~~department, a political subdivision's governing body, public~~	1980
~~school district's board of education, and a state institution's~~	1981
~~board of trustees or managing authority shall provide detailed~~	1982
~~information about the health care plans to the employees.~~	1983

~~(K)~~(H) Nothing in this section shall be construed as	1984
prohibiting political subdivisions, public school districts, or	1985
state institutions from consulting with and compensating insurance	1986
agents and brokers for professional services or from establishing	1987
a self-insurance program.	1988

~~(L)~~(I) Pursuant to Chapter 117. of the Revised Code, the	1989
auditor of state shall conduct all necessary and required audits	1990
of the department. The auditor of state, upon request, also shall	1991
furnish to the department copies of audits of political	1992
subdivisions, public school districts, or consortia performed by	1993
the auditor of state.	1994

Sec. 101.39. (A) There is hereby created the joint	1995
legislative committee on health care oversight. The committee may	1996
review or study any matter related to the provision of health care	1997
services that it considers of significance to the citizens of this	1998
state, including the availability of health care, the quality of	1999
health care, the effectiveness and efficiency of managed care	2000
systems, and the operation of the ~~medical assistance~~medicaid	2001
program ~~established under Chapter 5111. of the Revised Code~~ or	2002
other government health programs.	2003

The department of ~~job and family services~~medicaid,	2004
department of health, department of aging, department of ~~mental~~	2005
~~health~~mental health and addiction services, department of	2006
developmental disabilities, ~~department of alcohol and drug~~	2007
~~addiction services,~~ and other state agencies shall cooperate with	2008
the committee in its study and review of health care issues. On	2009
request, the departments shall provide the committee with reports	2010
and other information sufficient for the committee to fulfill its	2011
duties.	2012

The committee may issue recommendations as it determines	2013
appropriate. The recommendations may be made to the general	2014
assembly, state agencies, private industry, or any other entity.	2015

(B) The committee shall consist of the following members of	2016
the general assembly: the chairperson of the senate's standing	2017
committee with primary responsibility for health legislation, the	2018
chairperson of the house of representatives' standing committee	2019
with primary responsibility for health legislation, four members	2020
of the house of representatives appointed by the speaker of the	2021
house of representatives, and four members of the senate appointed	2022
by the president of the senate. Not more than two members	2023
appointed by the speaker of the house of representatives and not	2024
more than two members appointed by the president of the senate may	2025
be of the same political party. Except in 1995, appointments shall	2026
be made not later than fifteen days after the commencement of the	2027
first regular session of each general assembly. The chairpersons	2028
of the standing committees with primary responsibility for health	2029
legislation shall serve as co-chairpersons of the committee.	2030

Each member of the committee shall hold office during the	2031
general assembly in which the member is appointed and until a	2032
successor has been appointed, notwithstanding the adjournment sine	2033
die of the general assembly in which the member was appointed or	2034
the expiration of the member's term as a member of the general	2035
assembly. Any vacancies occurring among the members of the	2036
committee shall be filled in the manner of the original	2037
appointment.	2038

The committee shall meet at least quarterly and at the call	2039
of the co-chairpersons. The co-chairpersons shall determine the	2040
time, place, and agenda for each meeting of the committee.	2041

The committee has the same powers as other standing or select	2042
committees of the general assembly. The committee may request	2043
assistance from the legislative service commission.	2044

Sec. 101.391. (A) There is hereby created the joint	2045
legislative committee on medicaid technology and reform. The	2046
committee may review or study any matter that it considers	2047
relevant to the operation of the medicaid program ~~established~~	2048
~~under Chapter 5111. of the Revised Code~~, with priority given to	2049
the study or review of mechanisms to enhance the program's	2050
effectiveness through improved technology systems and program	2051
reform.	2052

(B) The committee shall consist of five members of the house	2053
of representatives appointed by the speaker of the house of	2054
representatives and five members of the senate appointed by the	2055
president of the senate. Not more than three members appointed by	2056
the speaker of the house of representatives and not more than	2057
three members appointed by the president of the senate may be of	2058
the same political party.	2059

Each member of the committee shall hold office during the	2060
general assembly in which the member is appointed and until a	2061
successor has been appointed, notwithstanding the adjournment sine	2062
die of the general assembly in which the member was appointed or	2063
the expiration of the member's term as a member of the general	2064
assembly. Any vacancies occurring among the members of the	2065
committee shall be filled in the manner of the original	2066
appointment.	2067

(C) The committee has the same powers as other standing or	2068
select committees of the general assembly. The committee may	2069
employ an executive director.	2070

Sec. 101.392. (A) As used in this section, "Affordable Care	2071
Act" means the federal "Patient Protection and Affordable Care Act	2072
of 2010," Pub. L. 111-148, 124 Stat. 119, as amended by the	2073
federal "Health Care and Education Reconciliation Act of 2010,"	2074
Pub. L. 111-152, 124 Stat. 1029, and any amendments to those acts,	2075
or any regulations or guidance issued under those acts.	2076

(B) There is hereby created the joint legislative committee	2077
on the Affordable Care Act. The committee may review or study any	2078
matter that it considers relevant to the operation and impact of	2079
the Affordable Care Act in this state.	2080

(C) The committee shall consist of three members of the house	2081
of representatives appointed by the speaker of the house of	2082
representatives, and three members of the senate appointed by the	2083
president of the senate. Two members appointed by the speaker of	2084
the house of representatives shall be from the majority party and	2085
one member shall be from the minority party, and two members	2086
appointed by the president of the senate shall be from the	2087
majority party and one member shall be from the minority party.	2088

Each member of the committee shall hold office during the	2089
general assembly in which the member is appointed and until a	2090
successor has been appointed, notwithstanding the adjournment sine	2091
die of the general assembly in which the member was appointed or	2092
the expiration of the member's term as a member of the general	2093
assembly. Any vacancies occurring among the members of the	2094
committee shall be filled in the manner of the original	2095
appointment.	2096

(D) The committee has the same powers as other standing or	2097
select committees of the general assembly. The committee may	2098
request assistance from the legislative service commission.	2099

Sec. 103.144. As used in sections 103.144 to 103.146 of the	2100
Revised Code:	2101

(A) "Mandated benefit" means the following, when considered	2102
in the context of a sickness and accident insurance policy or a	2103
health insuring corporation policy, contract, or agreement:	2104

(1) Any required coverage for a specific medical or	2105
health-related service, treatment, medication, or practice;	2106

(2) Any required coverage for the services of specific health	2107
care providers;	2108

(3) Any requirement that an insurer or health insuring	2109
corporation offer coverage to specific individuals or groups;	2110

(4) Any requirement that an insurer or health insuring	2111
corporation offer specific medical or health-related services,	2112
treatments, medications, or practices to existing insureds or	2113
enrollees;	2114

(5) Any required expansion of, or addition to, existing	2115
coverage;	2116

(6) Any mandated reimbursement amount to specific health care	2117
providers.	2118

(B) "Mandated benefit" does not include any required coverage	2119
or offer of coverage, any required expansion of, or addition to,	2120
existing coverage, or any mandated reimbursement amount to	2121
specific providers, as described in division (A) of this section,	2122
within the context of any public health benefits arrangement,	2123
including but not limited to, the coverage of beneficiaries	2124
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	2125
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	2126
medicare risk contract or medicare cost contract, or to the	2127
coverage of beneficiaries enrolled in ~~Title XIX of the "Social~~	2128
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	2129
~~known as the medical assistance program or~~ medicaid~~, provided by~~	2130
~~the Ohio department of job and family services under Chapter 5111.~~	2131
~~of the Revised Code~~.	2132

Sec. 105.41. (A) There is hereby created in the legislative	2133
branch of government the capitol square review and advisory board,	2134
consisting of twelve members as follows:	2135

(1) Two members of the senate, appointed by the president of	2136
the senate, both of whom shall not be members of the same	2137
political party;	2138

(2) Two members of the house of representatives, appointed by	2139
the speaker of the house of representatives, both of whom shall	2140
not be members of the same political party;	2141

(3) Four members appointed by the governor, with the advice	2142
and consent of the senate, not more than three of whom shall be	2143
members of the same political party, one of whom shall be the	2144
chief of staff of the governor's office, one of whom shall	2145
represent the Ohio arts council, one of whom shall represent the	2146
Ohio historical society, and one of whom shall represent the	2147
public at large;	2148

(4) One member, who shall be a former president of the	2149
senate, appointed by the current president of the senate. If the	2150
current president of the senate, in the current president's	2151
discretion, decides for any reason not to make the appointment or	2152
if no person is eligible or available to serve, the seat shall	2153
remain vacant.	2154

(5) One member, who shall be a former speaker of the house of	2155
representatives, appointed by the current speaker of the house of	2156
representatives. If the current speaker of the house of	2157
representatives, in the current speaker's discretion, decides for	2158
any reason not to make the appointment or if no person is eligible	2159
or available to serve, the seat shall remain vacant.	2160

(6) The clerk of the senate and the clerk of the house of	2161
representatives.	2162

(B) Terms of office of each appointed member of the board	2163
shall be for three years, except that members of the general	2164
assembly appointed to the board shall be members of the board only	2165
so long as they are members of the general assembly and the chief	2166
of staff of the governor's office shall be a member of the board	2167
only so long as the appointing governor remains in office. Each	2168
member shall hold office from the date of the member's appointment	2169
until the end of the term for which the member was appointed. In	2170
case of a vacancy occurring on the board, the president of the	2171
senate, the speaker of the house of representatives, or the	2172
governor, as the case may be, shall in the same manner prescribed	2173
for the regular appointment to the commission, fill the vacancy by	2174
appointing a member. Any member appointed to fill a vacancy	2175
occurring prior to the expiration of the term for which the	2176
member's predecessor was appointed shall hold office for the	2177
remainder of the term. Any appointed member shall continue in	2178
office subsequent to the expiration date of the member's term	2179
until the member's successor takes office, or until a period of	2180
sixty days has elapsed, whichever occurs first.	2181

(C) The board shall hold meetings in a manner and at times	2182
prescribed by the rules adopted by the board. A majority of the	2183
board constitutes a quorum, and no action shall be taken by the	2184
board unless approved by at least six members or by at least seven	2185
members if a person is appointed under division (A)(4) or (5) of	2186
this section. At its first meeting, the board shall adopt rules	2187
for the conduct of its business and the election of its officers,	2188
and shall organize by selecting a chairperson and other officers	2189
as it considers necessary. Board members shall serve without	2190
compensation but shall be reimbursed for actual and necessary	2191
expenses incurred in the performance of their duties.	2192

(D) The board may do any of the following:

2193

(1) Employ or hire on a consulting basis professional,	2194
technical, and clerical employees as are necessary for the	2195
performance of its duties. All employees of the board are in the	2196
unclassified service and serve at the pleasure of the board. For	2197
purposes of section 4117.01 of the Revised Code, employees of the	2198
board shall be considered employees of the general assembly,	2199
except that employees who are covered by a collective bargaining	2200
agreement on September 29, 2011, shall remain subject to the	2201
agreement until the agreement expires on its terms, and the	2202
agreement shall not be extended or renewed. Upon expiration of the	2203
agreement, the employees are considered employees of the general	2204
assembly for purposes of section 4117.01 of the Revised Code and	2205
are in the unclassified service and serve at the pleasure of the	2206
board.	2207

(2) Hold public hearings at times and places as determined by	2208
the board;	2209

(3) Adopt, amend, or rescind rules necessary to accomplish	2210
the duties of the board as set forth in this section;	2211

(4) Sponsor, conduct, and support such social events as the	2212
board may authorize and consider appropriate for the employees of	2213
the board, employees and members of the general assembly,	2214
employees of persons under contract with the board or otherwise	2215
engaged to perform services on the premises of capitol square, or	2216
other persons as the board may consider appropriate. Subject to	2217
the requirements of Chapter 4303. of the Revised Code, the board	2218
may provide beer, wine, and intoxicating liquor, with or without	2219
charge, for those events and may use funds only from the sale of	2220
goods and services fund to purchase the beer, wine, and	2221
intoxicating liquor the board provides;	2222

(5) Purchase a warehouse in which to store items of the	2223
capitol collection trust and, whenever necessary, equipment or	2224
other property of the board.	2225

(E) The board shall do all of the following:

2226

(1) Have sole authority to coordinate and approve any	2227
improvements, additions, and renovations that are made to the	2228
capitol square. The improvements shall include, but not be limited	2229
to, the placement of monuments and sculpture on the capitol	2230
grounds.	2231

(2) Subject to section 3353.07 of the Revised Code, operate	2232
the capitol square, and have sole authority to regulate all uses	2233
of the capitol square. The uses shall include, but not be limited	2234
to, the casual and recreational use of the capitol square.	2235

(3) Employ, fix the compensation of, and prescribe the duties	2236
of the executive director of the board and other employees the	2237
board considers necessary for the performance of its powers and	2238
duties;	2239

(4) Establish and maintain the capitol collection trust. The	2240
capitol collection trust shall consist of furniture, antiques, and	2241
other items of personal property that the board shall store in	2242
suitable facilities until they are ready to be displayed in the	2243
capitol square.	2244

(5) Perform repair, construction, contracting, purchasing,	2245
maintenance, supervisory, and operating activities the board	2246
determines are necessary for the operation and maintenance of the	2247
capitol square;	2248

(6) Maintain and preserve the capitol square, in accordance	2249
with guidelines issued by the United States secretary of the	2250
interior for application of the secretary's standards for	2251
rehabilitation adopted in 36 C.F.R. part 67;	2252

(7) Plan and develop a center at the capitol building for the	2253
purpose of educating visitors about the history of Ohio, including	2254
its political, economic, and social development and the design and	2255
erection of the capitol building and its grounds.	2256

(F)(1) The board shall lease capital facilities improved or	2257
financed by the Ohio building authority pursuant to Chapter 152.	2258
of the Revised Code for the use of the board, and may enter into	2259
any other agreements with the authority ancillary to improvement,	2260
financing, or leasing of those capital facilities, including, but	2261
not limited to, any agreement required by the applicable bond	2262
proceedings authorized by Chapter 152. of the Revised Code. Any	2263
lease of capital facilities authorized by this section shall be	2264
governed by division (D) of section 152.24 of the Revised Code.	2265

(2) Fees, receipts, and revenues received by the board from	2266
the state underground parking garage constitute available receipts	2267
as defined in section 152.09 of the Revised Code, and may be	2268
pledged to the payment of bond service charges on obligations	2269
issued by the Ohio building authority pursuant to Chapter 152. of	2270
the Revised Code to improve, finance, or purchase capital	2271
facilities useful to the board. The authority may, with the	2272
consent of the board, provide in the bond proceedings for a pledge	2273
of all or a portion of those fees, receipts, and revenues as the	2274
authority determines. The authority may provide in the bond	2275
proceedings or by separate agreement with the board for the	2276
transfer of those fees, receipts, and revenues to the appropriate	2277
bond service fund or bond service reserve fund as required to pay	2278
the bond service charges when due, and any such provision for the	2279
transfer of those fees, receipts, and revenues shall be	2280
controlling notwithstanding any other provision of law pertaining	2281
to those fees, receipts, and revenues.	2282

(3) All moneys received by the treasurer of state on account	2283
of the board and required by the applicable bond proceedings or by	2284
separate agreement with the board to be deposited, transferred, or	2285
credited to the bond service fund or bond service reserve fund	2286
established by the bond proceedings shall be transferred by the	2287
treasurer of state to such fund, whether or not it is in the	2288
custody of the treasurer of state, without necessity for further	2289
appropriation, upon receipt of notice from the Ohio building	2290
authority as prescribed in the bond proceedings.	2291

(G)(1) Except as otherwise provided in division (G)(2) of	2292
this section, all fees, receipts, and revenues received by the	2293
board from the state underground parking garage shall be deposited	2294
into the state treasury to the credit of the underground parking	2295
garage operating fund, which is hereby created, to be used for the	2296
purposes specified in division (F) of this section and for the	2297
operation and maintenance of the garage. All investment earnings	2298
of the fund shall be credited to the fund.	2299

(2) There is hereby created the parking garage automated	2300
equipment fund, which shall be in the custody of the treasurer of	2301
state but shall not be part of the state treasury. Money in the	2302
fund shall be used to purchase the automated teller machine	2303
quality dollar bills needed for operation of the parking garage	2304
automated equipment. The fund shall consist of fees, receipts, or	2305
revenues received by the board from the state underground parking	2306
garage; provided, however, that the total amount deposited into	2307
the fund at any one time shall not exceed ten thousand dollars.	2308
All investment earnings of the fund shall be credited to the fund.	2309

(H) All donations received by the board shall be deposited	2310
into the state treasury to the credit of the capitol square	2311
renovation gift fund, which is hereby created. The fund shall be	2312
used by the board as follows:	2313

(1) To provide part or all of the funding related to	2314
construction, goods, or services for the renovation of the capitol	2315
square;	2316

(2) To purchase art, antiques, and artifacts for display at	2317
the capitol square;	2318

(3) To award contracts or make grants to organizations for	2319
educating the public regarding the historical background and	2320
governmental functions of the capitol square. Chapters 125., 127.,	2321
and 153. and section 3517.13 of the Revised Code do not apply to	2322
purchases made exclusively from the fund, notwithstanding anything	2323
to the contrary in those chapters or that section. All investment	2324
earnings of the fund shall be credited to the fund.	2325

(I) Except as provided in divisions (G), (H), and (J) of this	2326
section, all fees, receipts, and revenues received by the board	2327
shall be deposited into the state treasury to the credit of the	2328
sale of goods and services fund, which is hereby created. Money	2329
credited to the fund shall be used solely to pay costs of the	2330
board other than those specified in divisions (F) and (G) of this	2331
section. All investment earnings of the fund shall be credited to	2332
the fund.	2333

(J) There is hereby created in the state treasury the capitol	2334
square improvement fund, to be used by the board to pay	2335
construction, renovation, and other costs related to the capitol	2336
square for which money is not otherwise available to the board.	2337
Whenever the board determines that there is a need to incur those	2338
costs and that the unencumbered, unobligated balance to the credit	2339
of the underground parking garage operating fund exceeds the	2340
amount needed for the purposes specified in division (F) of this	2341
section and for the operation and maintenance of the garage, the	2342
board may request the director of budget and management to	2343
transfer from the underground parking garage operating fund to the	2344
capitol square improvement fund the amount needed to pay such	2345
construction, renovation, or other costs. The director then shall	2346
transfer the amount needed from the excess balance of the	2347
underground parking garage operating fund.	2348

(K) As the operation and maintenance of the capitol square	2349
constitute essential government functions of a public purpose, the	2350
board shall not be required to pay taxes or assessments upon the	2351
square, upon any property acquired or used by the board under this	2352
section, or upon any income generated by the operation of the	2353
square.	2354

(L) As used in this section, "capitol square" means the	2355
capitol building, senate building, capitol atrium, capitol	2356
grounds, the state underground parking garage, and the warehouse	2357
owned by the board.	2358

(M) The capitol annex shall be known as the senate building.

2359

(N) Any person may possess a firearm in a motor vehicle in	2360
the state underground parking garage at the state capitol	2361
building, if the person's possession of the firearm in the motor	2362
vehicle is not in violation of section 2923.16 of the Revised Code	2363
or any other provision of the Revised Code. Any person may store	2364
or leave a firearm in a locked motor vehicle that is parked in the	2365
state underground parking garage at the state capitol building, if	2366
the person's transportation and possession of the firearm in the	2367
motor vehicle while traveling to the garage was not in violation	2368
of section 2923.16 of the Revised Code or any other provision of	2369
the Revised Code.	2370

Sec. 107.033. As part of the state budget the governor	2371
submits to the general assembly under section 107.03 of the	2372
Revised Code, the governor shall include the state appropriation	2373
limitations the general assembly shall not exceed when making	2374
aggregate general revenue fund appropriations for each respective	2375
fiscal year of the biennium covered by that budget. The aggregate	2376
general revenue fund appropriations the governor proposes in the	2377
state budget also shall not exceed those limitations for each	2378
respective fiscal year of the biennium covered by that budget.	2379

(A) For fiscal year 2008, the state appropriation limitation	2380
is the sum of the following:	2381

(1) The aggregate general revenue fund appropriations for	2382
fiscal year 2007; plus	2383

(2) The aggregate general revenue fund appropriations for	2384
fiscal year 2007 multiplied by either three and one-half per cent,	2385
or the sum of the rate of inflation plus the rate of population	2386
change, whichever is greater.	2387

(B) For each fiscal year thereafter that is not a recast	2388
fiscal year, the state appropriation limitation is the sum of the	2389
following:	2390

(1) The state appropriation limitation for the previous	2391
fiscal year; plus	2392

(2) The state appropriation limitation for the previous	2393
fiscal year multiplied by either three and one-half per cent, or	2394
the sum of the rate of inflation plus the rate of population	2395
change, whichever is greater.	2396

(C) For each recast fiscal year, the state appropriation	2397
limitation is the sum of the following:	2398

(1) The aggregate general revenue fund appropriations for the	2399
previous fiscal year; plus	2400

(2) The aggregate general revenue fund appropriations for the	2401
previous fiscal year multiplied by either three and one-half per	2402
cent, or the sum of the rate of inflation plus the rate of	2403
population change, whichever is greater.	2404

(D) The state appropriation limitation for a fiscal year	2405
shall be increased by the amount of a nongeneral revenue fund	2406
appropriation made in the immediately preceding fiscal year, if	2407
all of the following apply to the nongeneral revenue fund	2408
appropriation:	2409

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

2410

(2) It is included in the aggregate general revenue fund	2411
appropriations proposed for that fiscal year.	2412

(3) It is being made for the first time from the general	2413
revenue fund.	2414

Sec. 107.12. (A) As used in this section, "organization"	2415
means a faith-based or other organization that is exempt from	2416
federal income taxation under section 501(c)(3) of the "Internal	2417
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	2418
and provides charitable services to needy residents of this state.	2419

(B) There is hereby established within the office of the	2420
governor the governor's office of faith-based and community	2421
initiatives. The office shall:	2422

(1) Serve as a clearinghouse of information on federal,	2423
state, and local funding for charitable services performed by	2424
organizations;	2425

(2) Encourage organizations to seek public funding for their	2426
charitable services;	2427

(3) Assist local, state, and federal agencies in coordinating	2428
their activities to secure maximum use of funds and efforts that	2429
benefit people receiving charitable services from organizations;	2430

(4) Advise the governor, general assembly, and the advisory	2431
board of the governor's office of faith-based and community	2432
initiatives on the barriers that exist to collaboration between	2433
organizations and governmental entities and on ways to remove the	2434
barriers.	2435

(C) The governor shall appoint an executive director and such	2436
other staff as may be necessary to manage the office and perform	2437
or oversee the performance of the duties of the office. Within	2438
sixty days after being appointed, and every twelve months	2439
thereafter, the executive director shall distribute to the	2440
advisory board and review with the board a strategic plan. The	2441
executive director shall report to the board at least quarterly on	2442
proposed initiatives and policies. A report shall include the	2443
condition of the budget and the finances of the office.	2444

(D)(1) There is hereby created the advisory board of the	2445
governor's office of faith-based and community initiatives. The	2446
board shall consist of the following members:	2447

(a) The directors of aging, ~~alcohol and drug addiction~~	2448
~~services,~~ rehabilitation and correction, health, job and family	2449
services, developmental disabilities, ~~mental health~~mental health	2450
and addiction services, and youth services, or their designees;	2451

(b) The speaker of the house of representatives shall appoint	2452
to the board two members of the house of representatives, not more	2453
than one of whom shall be from the same political party and at	2454
least one of whom shall be from the legislative black caucus. The	2455
president of the senate shall appoint to the board two members of	2456
the senate, not more than one of whom shall be from the same	2457
political party.	2458

(c) The governor, the speaker of the house of	2459
representatives, and the president of the senate shall each	2460
appoint to the board three representatives of the nonprofit,	2461
faith-based and other nonprofit community.	2462

(2) Terms of the office shall be one year. Any vacancy that	2463
occurs on the board shall be filled in the same manner as the	2464
original appointment.	2465

(3) Members of the board are not entitled to compensation,	2466
but the members appointed by the governor, the speaker of the	2467
house of representatives, and the president of the senate who are	2468
representatives of the nonprofit, faith-based and other nonprofit	2469
community shall be reimbursed for their actual and necessary	2470
expenses that are incurred in relation to board meetings.	2471

(4) The board shall be presided over by a chairperson and a	2472
vice-chairperson, who shall be the members of the board who are	2473
also members of the house of representatives or the senate.	2474
Annually on the first day of January, the chairpersonship and	2475
vice-chairpersonship shall alternate between the members of the	2476
house of representatives and the senate.	2477

(E) The board shall have the following duties:

2478

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

2479

(2) Assist in the dissemination of information about, and in	2480
the stimulation of public awareness of, the service programs	2481
supported by the office;	2482

(3) Review the budget and finances of the office, proposed	2483
initiatives and policies, and the executive director's annual	2484
strategic plan at board meetings;	2485

(4) Provide feedback for and proposed modifications of the	2486
executive director's strategic plan. Within forty-five days after	2487
submitting a strategic plan, the executive director shall contact	2488
each advisory board member to obtain feedback. With the approval	2489
of the advisory board chairperson, the executive director shall	2490
lead a strategic plan discussion at the first board meeting	2491
following the distribution of the strategic plan.	2492

(5) Publish a report of its activities and accomplishments on	2493
or before the first day of August of each year, and deliver copies	2494
of the report to the governor, the speaker and minority leader of	2495
the house of representatives, and the president and minority	2496
leader of the senate.	2497

(F) No member of the board or organization that the member is	2498
affiliated or involved with is eligible to receive any grant that	2499
the office administers or assists in administering.	2500

Sec. 109.06. Before entering upon the discharge of the	2501
duties of ~~his~~ office, the attorney general shall give a bond to	2502
the state in the sum of five thousand dollars, with ~~two or more~~	2503
~~sureties approved by the governor~~a surety authorized to do	2504
business in the state, conditioned for the faithful discharge of	2505
the duties of ~~his~~the office of attorney general. Such bond~~, with~~	2506
~~the approval of the governor~~ and the oath of office ~~indorsed~~	2507
~~thereon,~~ shall be deposited with and kept by the secretary of	2508
state ~~and kept~~ in ~~his~~the secretary of state's office.	2509

The first assistant attorney general shall give a bond to the	2510
state in the sum of five thousand dollars, and such other	2511
employees as are designated by the attorney general shall give a	2512
bond to the state in such amounts as the attorney general	2513
determines. Such bonds shall be approved by the attorney general,	2514
conditioned for the faithful discharge of the duties of their	2515
offices, and shall be deposited with and kept by the secretary of	2516
state ~~and kept~~ in ~~his~~the secretary of state's office.	2517

Sec. 109.36. As used in this section and sections 109.361 to	2518
109.366 of the Revised Code:	2519

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

2520

(a) A person who, at the time a cause of action against the	2521
person arises, is serving in an elected or appointed office or	2522
position with the state or is employed by the state.	2523

(b) A person that, at the time a cause of action against the	2524
person, partnership, or corporation arises, is rendering medical,	2525
nursing, dental, podiatric, optometric, physical therapeutic,	2526
psychiatric, or psychological services pursuant to a personal	2527
services contract or purchased service contract with a department,	2528
agency, or institution of the state.	2529

(c) A person that, at the time a cause of action against the	2530
person, partnership, or corporation arises, is rendering peer	2531
review, utilization review, or drug utilization review services in	2532
relation to medical, nursing, dental, podiatric, optometric,	2533
physical therapeutic, psychiatric, or psychological services	2534
pursuant to a personal services contract or purchased service	2535
contract with a department, agency, or institution of the state.	2536

(d) A person who, at the time a cause of action against the	2537
person arises, is rendering medical, nursing, dental, podiatric,	2538
optometric, physical therapeutic, psychiatric, or psychological	2539
services to patients in a state institution operated by the	2540
department of ~~mental health~~mental health and addiction services	2541
pursuant to an agreement with the department.	2542

(2) "Officer or employee" does not include any person	2543
elected, appointed, or employed by any political subdivision of	2544
the state.	2545

(B) "State" means the state of Ohio, including but not	2546
limited to, the general assembly, the supreme court, courts of	2547
appeals, the offices of all elected state officers, and all	2548
departments, boards, offices, commissions, agencies, institutions,	2549
and other instrumentalities of the state of Ohio. "State" does not	2550
include political subdivisions.	2551

(C) "Political subdivisions" of the state means municipal	2552
corporations, townships, counties, school districts, and all other	2553
bodies corporate and politic responsible for governmental	2554
activities only in geographical areas smaller than that of the	2555
state.	2556

(D) "Employer" means the general assembly, the supreme court,	2557
courts of appeals, any office of an elected state officer, or any	2558
department, board, office, commission, agency, institution, or	2559
other instrumentality of the state of Ohio that employs or	2560
contracts with an officer or employee or to which an officer or	2561
employee is elected or appointed.	2562

Sec. 109.57. (A)(1) The superintendent of the bureau of	2563
criminal identification and investigation shall procure from	2564
wherever procurable and file for record photographs, pictures,	2565
descriptions, fingerprints, measurements, and other information	2566
that may be pertinent of all persons who have been convicted of	2567
committing within this state a felony, any crime constituting a	2568
misdemeanor on the first offense and a felony on subsequent	2569
offenses, or any misdemeanor described in division (A)(1)(a),	2570
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	2571
all children under eighteen years of age who have been adjudicated	2572
delinquent children for committing within this state an act that	2573
would be a felony or an offense of violence if committed by an	2574
adult or who have been convicted of or pleaded guilty to	2575
committing within this state a felony or an offense of violence,	2576
and of all well-known and habitual criminals. The person in charge	2577
of any county, multicounty, municipal, municipal-county, or	2578
multicounty-municipal jail or workhouse, community-based	2579
correctional facility, halfway house, alternative residential	2580
facility, or state correctional institution and the person in	2581
charge of any state institution having custody of a person	2582
suspected of having committed a felony, any crime constituting a	2583
misdemeanor on the first offense and a felony on subsequent	2584
offenses, or any misdemeanor described in division (A)(1)(a),	2585
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	2586
having custody of a child under eighteen years of age with respect	2587
to whom there is probable cause to believe that the child may have	2588
committed an act that would be a felony or an offense of violence	2589
if committed by an adult shall furnish such material to the	2590
superintendent of the bureau. Fingerprints, photographs, or other	2591
descriptive information of a child who is under eighteen years of	2592
age, has not been arrested or otherwise taken into custody for	2593
committing an act that would be a felony or an offense of violence	2594
who is not in any other category of child specified in this	2595
division, if committed by an adult, has not been adjudicated a	2596
delinquent child for committing an act that would be a felony or	2597
an offense of violence if committed by an adult, has not been	2598
convicted of or pleaded guilty to committing a felony or an	2599
offense of violence, and is not a child with respect to whom there	2600
is probable cause to believe that the child may have committed an	2601
act that would be a felony or an offense of violence if committed	2602
by an adult shall not be procured by the superintendent or	2603
furnished by any person in charge of any county, multicounty,	2604
municipal, municipal-county, or multicounty-municipal jail or	2605
workhouse, community-based correctional facility, halfway house,	2606
alternative residential facility, or state correctional	2607
institution, except as authorized in section 2151.313 of the	2608
Revised Code.	2609

(2) Every clerk of a court of record in this state, other	2610
than the supreme court or a court of appeals, shall send to the	2611
superintendent of the bureau a weekly report containing a summary	2612
of each case involving a felony, involving any crime constituting	2613
a misdemeanor on the first offense and a felony on subsequent	2614
offenses, involving a misdemeanor described in division (A)(1)(a),	2615
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	2616
involving an adjudication in a case in which a child under	2617
eighteen years of age was alleged to be a delinquent child for	2618
committing an act that would be a felony or an offense of violence	2619
if committed by an adult. The clerk of the court of common pleas	2620
shall include in the report and summary the clerk sends under this	2621
division all information described in divisions (A)(2)(a) to (f)	2622
of this section regarding a case before the court of appeals that	2623
is served by that clerk. The summary shall be written on the	2624
standard forms furnished by the superintendent pursuant to	2625
division (B) of this section and shall include the following	2626
information:	2627

(a) The incident tracking number contained on the standard	2628
forms furnished by the superintendent pursuant to division (B) of	2629
this section;	2630

(b) The style and number of the case;

2631

2632

(d) The date that the person was convicted of or pleaded	2633
guilty to the offense, adjudicated a delinquent child for	2634
committing the act that would be a felony or an offense of	2635
violence if committed by an adult, found not guilty of the	2636
offense, or found not to be a delinquent child for committing an	2637
act that would be a felony or an offense of violence if committed	2638
by an adult, the date of an entry dismissing the charge, an entry	2639
declaring a mistrial of the offense in which the person is	2640
discharged, an entry finding that the person or child is not	2641
competent to stand trial, or an entry of a nolle prosequi, or the	2642
date of any other determination that constitutes final resolution	2643
of the case;	2644

(e) A statement of the original charge with the section of	2645
the Revised Code that was alleged to be violated;	2646

(f) If the person or child was convicted, pleaded guilty, or	2647
was adjudicated a delinquent child, the sentence or terms of	2648
probation imposed or any other disposition of the offender or the	2649
delinquent child.	2650

If the offense involved the disarming of a law enforcement	2651
officer or an attempt to disarm a law enforcement officer, the	2652
clerk shall clearly state that fact in the summary, and the	2653
superintendent shall ensure that a clear statement of that fact is	2654
placed in the bureau's records.	2655

(3) The superintendent shall cooperate with and assist	2656
sheriffs, chiefs of police, and other law enforcement officers in	2657
the establishment of a complete system of criminal identification	2658
and in obtaining fingerprints and other means of identification of	2659
all persons arrested on a charge of a felony, any crime	2660
constituting a misdemeanor on the first offense and a felony on	2661
subsequent offenses, or a misdemeanor described in division	2662
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	2663
Revised Code and of all children under eighteen years of age	2664
arrested or otherwise taken into custody for committing an act	2665
that would be a felony or an offense of violence if committed by	2666
an adult. The superintendent also shall file for record the	2667
fingerprint impressions of all persons confined in a county,	2668
multicounty, municipal, municipal-county, or multicounty-municipal	2669
jail or workhouse, community-based correctional facility, halfway	2670
house, alternative residential facility, or state correctional	2671
institution for the violation of state laws and of all children	2672
under eighteen years of age who are confined in a county,	2673
multicounty, municipal, municipal-county, or multicounty-municipal	2674
jail or workhouse, community-based correctional facility, halfway	2675
house, alternative residential facility, or state correctional	2676
institution or in any facility for delinquent children for	2677
committing an act that would be a felony or an offense of violence	2678
if committed by an adult, and any other information that the	2679
superintendent may receive from law enforcement officials of the	2680
state and its political subdivisions.	2681

(4) The superintendent shall carry out Chapter 2950. of the	2682
Revised Code with respect to the registration of persons who are	2683
convicted of or plead guilty to a sexually oriented offense or a	2684
child-victim oriented offense and with respect to all other duties	2685
imposed on the bureau under that chapter.	2686

(5) The bureau shall perform centralized recordkeeping	2687
functions for criminal history records and services in this state	2688
for purposes of the national crime prevention and privacy compact	2689
set forth in section 109.571 of the Revised Code and is the	2690
criminal history record repository as defined in that section for	2691
purposes of that compact. The superintendent or the	2692
superintendent's designee is the compact officer for purposes of	2693
that compact and shall carry out the responsibilities of the	2694
compact officer specified in that compact.	2695

(B) The superintendent shall prepare and furnish to every	2696
county, multicounty, municipal, municipal-county, or	2697
multicounty-municipal jail or workhouse, community-based	2698
correctional facility, halfway house, alternative residential	2699
facility, or state correctional institution and to every clerk of	2700
a court in this state specified in division (A)(2) of this section	2701
standard forms for reporting the information required under	2702
division (A) of this section. The standard forms that the	2703
superintendent prepares pursuant to this division may be in a	2704
tangible format, in an electronic format, or in both tangible	2705
formats and electronic formats.	2706

(C)(1) The superintendent may operate a center for	2707
electronic, automated, or other data processing for the storage	2708
and retrieval of information, data, and statistics pertaining to	2709
criminals and to children under eighteen years of age who are	2710
adjudicated delinquent children for committing an act that would	2711
be a felony or an offense of violence if committed by an adult,	2712
criminal activity, crime prevention, law enforcement, and criminal	2713
justice, and may establish and operate a statewide communications	2714
network to be known as the Ohio law enforcement gateway to gather	2715
and disseminate information, data, and statistics for the use of	2716
law enforcement agencies and for other uses specified in this	2717
division. The superintendent may gather, store, retrieve, and	2718
disseminate information, data, and statistics that pertain to	2719
children who are under eighteen years of age and that are gathered	2720
pursuant to sections 109.57 to 109.61 of the Revised Code together	2721
with information, data, and statistics that pertain to adults and	2722
that are gathered pursuant to those sections.	2723

(2) The superintendent or the superintendent's designee shall	2724
gather information of the nature described in division (C)(1) of	2725
this section that pertains to the offense and delinquency history	2726
of a person who has been convicted of, pleaded guilty to, or been	2727
adjudicated a delinquent child for committing a sexually oriented	2728
offense or a child-victim oriented offense for inclusion in the	2729
state registry of sex offenders and child-victim offenders	2730
maintained pursuant to division (A)(1) of section 2950.13 of the	2731
Revised Code and in the internet database operated pursuant to	2732
division (A)(13) of that section and for possible inclusion in the	2733
internet database operated pursuant to division (A)(11) of that	2734
section.	2735

(3) In addition to any other authorized use of information,	2736
data, and statistics of the nature described in division (C)(1) of	2737
this section, the superintendent or the superintendent's designee	2738
may provide and exchange the information, data, and statistics	2739
pursuant to the national crime prevention and privacy compact as	2740
described in division (A)(5) of this section.	2741

(4) The attorney general may adopt rules under Chapter 119.	2742
of the Revised Code establishing guidelines for the operation of	2743
and participation in the Ohio law enforcement gateway. The rules	2744
may include criteria for granting and restricting access to	2745
information gathered and disseminated through the Ohio law	2746
enforcement gateway. The attorney general shall permit the state	2747
medical board and board of nursing to access and view, but not	2748
alter, information gathered and disseminated through the Ohio law	2749
enforcement gateway.	2750

The attorney general may appoint a steering committee to	2751
advise the attorney general in the operation of the Ohio law	2752
enforcement gateway that is comprised of persons who are	2753
representatives of the criminal justice agencies in this state	2754
that use the Ohio law enforcement gateway and is chaired by the	2755
superintendent or the superintendent's designee.	2756

(D)(1) The following are not public records under section	2757
149.43 of the Revised Code:	2758

(a) Information and materials furnished to the superintendent	2759
pursuant to division (A) of this section;	2760

(b) Information, data, and statistics gathered or	2761
disseminated through the Ohio law enforcement gateway pursuant to	2762
division (C)(1) of this section;	2763

(c) Information and materials furnished to any board or	2764
person under division (F) or (G) of this section.	2765

(2) The superintendent or the superintendent's designee shall	2766
gather and retain information so furnished under division (A) of	2767
this section that pertains to the offense and delinquency history	2768
of a person who has been convicted of, pleaded guilty to, or been	2769
adjudicated a delinquent child for committing a sexually oriented	2770
offense or a child-victim oriented offense for the purposes	2771
described in division (C)(2) of this section.	2772

(E)(1) The attorney general shall adopt rules, in accordance	2773
with Chapter 119. of the Revised Code and subject to division	2774
(E)(2) of this section, setting forth the procedure by which a	2775
person may receive or release information gathered by the	2776
superintendent pursuant to division (A) of this section. A	2777
reasonable fee may be charged for this service. If a temporary	2778
employment service submits a request for a determination of	2779
whether a person the service plans to refer to an employment	2780
position has been convicted of or pleaded guilty to an offense	2781
listed or described in division (A)(1), (2), or (3) of section	2782
109.572 of the Revised Code, the request shall be treated as a	2783
single request and only one fee shall be charged.	2784

(2) Except as otherwise provided in this division, a rule	2785
adopted under division (E)(1) of this section may provide only for	2786
the release of information gathered pursuant to division (A) of	2787
this section that relates to the conviction of a person, or a	2788
person's plea of guilty to, a criminal offense. The superintendent	2789
shall not release, and the attorney general shall not adopt any	2790
rule under division (E)(1) of this section that permits the	2791
release of, any information gathered pursuant to division (A) of	2792
this section that relates to an adjudication of a child as a	2793
delinquent child, or that relates to a criminal conviction of a	2794
person under eighteen years of age if the person's case was	2795
transferred back to a juvenile court under division (B)(2) or (3)	2796
of section 2152.121 of the Revised Code and the juvenile court	2797
imposed a disposition or serious youthful offender disposition	2798
upon the person under either division, unless either of the	2799
following applies with respect to the adjudication or conviction:	2800

(a) The adjudication or conviction was for a violation of	2801
section 2903.01 or 2903.02 of the Revised Code.	2802

(b) The adjudication or conviction was for a sexually	2803
oriented offense, the juvenile court was required to classify the	2804
child a juvenile offender registrant for that offense under	2805
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	2806
classification has not been removed.	2807

(F)(1) As used in division (F)(2) of this section, "head	2808
start agency" means an entity in this state that has been approved	2809
to be an agency for purposes of subchapter II of the "Community	2810
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	2811
as amended.	2812

(2)(a) In addition to or in conjunction with any request that	2813
is required to be made under section 109.572, 2151.86, 3301.32,	2814
3301.541, division (C) of section 3310.58, or section 3319.39,	2815
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	2816
5153.111 of the Revised Code or that is made under section	2817
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	2818
board of education of any school district; the director of	2819
developmental disabilities; any county board of developmental	2820
disabilities; any provider or subcontractor as defined in section	2821
5123.081 of the Revised Code; the chief administrator of any	2822
chartered nonpublic school; the chief administrator of a	2823
registered private provider that is not also a chartered nonpublic	2824
school; the chief administrator of any home health agency; the	2825
chief administrator of or person operating any child day-care	2826
center, type A family day-care home, or type B family day-care	2827
home licensed or certified under Chapter 5104. of the Revised	2828
Code; the administrator of any type C family day-care home	2829
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	2830
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	2831
general assembly; the chief administrator of any head start	2832
agency; the executive director of a public children services	2833
agency; a private company described in section 3314.41, 3319.392,	2834
3326.25, or 3328.20 of the Revised Code; or an employer described	2835
in division (J)(2) of section 3327.10 of the Revised Code may	2836
request that the superintendent of the bureau investigate and	2837
determine, with respect to any individual who has applied for	2838
employment in any position after October 2, 1989, or any	2839
individual wishing to apply for employment with a board of	2840
education may request, with regard to the individual, whether the	2841
bureau has any information gathered under division (A) of this	2842
section that pertains to that individual. On receipt of the	2843
request, subject to division (E)(2) of this section, the	2844
superintendent shall determine whether that information exists	2845
and, upon request of the person, board, or entity requesting	2846
information, also shall request from the federal bureau of	2847
investigation any criminal records it has pertaining to that	2848
individual. The superintendent or the superintendent's designee	2849
also may request criminal history records from other states or the	2850
federal government pursuant to the national crime prevention and	2851
privacy compact set forth in section 109.571 of the Revised Code.	2852
Within thirty days of the date that the superintendent receives a	2853
request, subject to division (E)(2) of this section, the	2854
superintendent shall send to the board, entity, or person a report	2855
of any information that the superintendent determines exists,	2856
including information contained in records that have been sealed	2857
under section 2953.32 of the Revised Code, and, within thirty days	2858
of its receipt, subject to division (E)(2) of this section, shall	2859
send the board, entity, or person a report of any information	2860
received from the federal bureau of investigation, other than	2861
information the dissemination of which is prohibited by federal	2862
law.	2863

(b) When a board of education or a registered private	2864
provider is required to receive information under this section as	2865
a prerequisite to employment of an individual pursuant to division	2866
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	2867
may accept a certified copy of records that were issued by the	2868
bureau of criminal identification and investigation and that are	2869
presented by an individual applying for employment with the	2870
district in lieu of requesting that information itself. In such a	2871
case, the board shall accept the certified copy issued by the	2872
bureau in order to make a photocopy of it for that individual's	2873
employment application documents and shall return the certified	2874
copy to the individual. In a case of that nature, a district or	2875
provider only shall accept a certified copy of records of that	2876
nature within one year after the date of their issuance by the	2877
bureau.	2878

(c) Notwithstanding division (F)(2)(a) of this section, in	2879
the case of a request under section 3319.39, 3319.391, or 3327.10	2880
of the Revised Code only for criminal records maintained by the	2881
federal bureau of investigation, the superintendent shall not	2882
determine whether any information gathered under division (A) of	2883
this section exists on the person for whom the request is made.	2884

(3) The state board of education may request, with respect to	2885
any individual who has applied for employment after October 2,	2886
1989, in any position with the state board or the department of	2887
education, any information that a school district board of	2888
education is authorized to request under division (F)(2) of this	2889
section, and the superintendent of the bureau shall proceed as if	2890
the request has been received from a school district board of	2891
education under division (F)(2) of this section.	2892

(4) When the superintendent of the bureau receives a request	2893
for information under section 3319.291 of the Revised Code, the	2894
superintendent shall proceed as if the request has been received	2895
from a school district board of education and shall comply with	2896
divisions (F)(2)(a) and (c) of this section.	2897

(5) When a recipient of a classroom reading improvement grant	2898
paid under section 3301.86 of the Revised Code requests, with	2899
respect to any individual who applies to participate in providing	2900
any program or service funded in whole or in part by the grant,	2901
the information that a school district board of education is	2902
authorized to request under division (F)(2)(a) of this section,	2903
the superintendent of the bureau shall proceed as if the request	2904
has been received from a school district board of education under	2905
division (F)(2)(a) of this section.	2906

(G) In addition to or in conjunction with any request that is	2907
required to be made under section 3701.881, 3712.09, or 3721.121	2908
of the Revised Code with respect to an individual who has applied	2909
for employment in a position that involves providing direct care	2910
to an older adult or adult resident, the chief administrator of a	2911
home health agency, hospice care program, home licensed under	2912
Chapter 3721. of the Revised Code, or adult day-care program	2913
operated pursuant to rules adopted under section 3721.04 of the	2914
Revised Code may request that the superintendent of the bureau	2915
investigate and determine, with respect to any individual who has	2916
applied after January 27, 1997, for employment in a position that	2917
does not involve providing direct care to an older adult or adult	2918
resident, whether the bureau has any information gathered under	2919
division (A) of this section that pertains to that individual.	2920

In addition to or in conjunction with any request that is	2921
required to be made under section 173.27 of the Revised Code with	2922
respect to an individual who has applied for employment in a	2923
position that involves providing ombudsperson services to	2924
residents of long-term care facilities or recipients of	2925
community-based long-term care services, the state long-term care	2926
ombudsperson, ~~ombudsperson's designee, or~~the director of ~~health~~	2927
aging, a regional long-term care ombudsperson, or the designee of	2928
the ombudsperson, director, or program may request that the	2929
superintendent investigate and determine, with respect to any	2930
individual who has applied for employment in a position that does	2931
not involve providing such ombudsperson services, whether the	2932
bureau has any information gathered under division (A) of this	2933
section that pertains to that applicant.	2934

In addition to or in conjunction with any request that is	2935
required to be made under section ~~173.394~~173.38 of the Revised	2936
Code with respect to an individual who has applied for employment	2937
in a direct-care position ~~that involves providing direct care to~~	2938
~~an individual~~, the chief administrator of a ~~community-based~~	2939
~~long-term care agency~~provider, as defined in section 173.39 of	2940
the Revised Code, may request that the superintendent investigate	2941
and determine, with respect to any individual who has applied for	2942
employment in a position that ~~does~~is not ~~involve providing direct~~	2943
~~care~~a direct-care position, whether the bureau has any	2944
information gathered under division (A) of this section that	2945
pertains to that applicant.	2946

In addition to or in conjunction with any request that is	2947
required to be made under section 3712.09 of the Revised Code with	2948
respect to an individual who has applied for employment in a	2949
position that involves providing direct care to a pediatric	2950
respite care patient, the chief administrator of a pediatric	2951
respite care program may request that the superintendent of the	2952
bureau investigate and determine, with respect to any individual	2953
who has applied for employment in a position that does not involve	2954
providing direct care to a pediatric respite care patient, whether	2955
the bureau has any information gathered under division (A) of this	2956
section that pertains to that individual.	2957

On receipt of a request under this division, the	2958
superintendent shall determine whether that information exists	2959
and, on request of the individual requesting information, shall	2960
also request from the federal bureau of investigation any criminal	2961
records it has pertaining to the applicant. The superintendent or	2962
the superintendent's designee also may request criminal history	2963
records from other states or the federal government pursuant to	2964
the national crime prevention and privacy compact set forth in	2965
section 109.571 of the Revised Code. Within thirty days of the	2966
date a request is received, subject to division (E)(2) of this	2967
section, the superintendent shall send to the requester a report	2968
of any information determined to exist, including information	2969
contained in records that have been sealed under section 2953.32	2970
of the Revised Code, and, within thirty days of its receipt, shall	2971
send the requester a report of any information received from the	2972
federal bureau of investigation, other than information the	2973
dissemination of which is prohibited by federal law.	2974

(H) Information obtained by a government entity or person	2975
under this section is confidential and shall not be released or	2976
disseminated.	2977

(I) The superintendent may charge a reasonable fee for	2978
providing information or criminal records under division (F)(2) or	2979
(G) of this section.	2980

(J) As used in this section:

2981

(1) "Pediatric respite care program" and "pediatric respite	2982
care patient" have the same meanings as in section 3712.01 of the	2983
Revised Code.	2984

(2) "Sexually oriented offense" and "child-victim oriented	2985
offense" have the same meanings as in section 2950.01 of the	2986
Revised Code.	2987

(3) "Registered private provider" means a nonpublic school or	2988
entity registered with the superintendent of public instruction	2989
under section 3310.41 of the Revised Code to participate in the	2990
autism scholarship program or section 3310.58 of the Revised Code	2991
to participate in the Jon Peterson special needs scholarship	2992
program.	2993

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	2994
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	2995
a completed form prescribed pursuant to division (C)(1) of this	2996
section, and a set of fingerprint impressions obtained in the	2997
manner described in division (C)(2) of this section, the	2998
superintendent of the bureau of criminal identification and	2999
investigation shall conduct a criminal records check in the manner	3000
described in division (B) of this section to determine whether any	3001
information exists that indicates that the person who is the	3002
subject of the request previously has been convicted of or pleaded	3003
guilty to any of the following:	3004

(a) A violation of section 2903.01, 2903.02, 2903.03,	3005
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3006
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3007
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3008
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	3009
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	3010
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	3011
2925.06, or 3716.11 of the Revised Code, felonious sexual	3012
penetration in violation of former section 2907.12 of the Revised	3013
Code, a violation of section 2905.04 of the Revised Code as it	3014
existed prior to July 1, 1996, a violation of section 2919.23 of	3015
the Revised Code that would have been a violation of section	3016
2905.04 of the Revised Code as it existed prior to July 1, 1996,	3017
had the violation been committed prior to that date, or a	3018
violation of section 2925.11 of the Revised Code that is not a	3019
minor drug possession offense;	3020

(b) A violation of an existing or former law of this state,	3021
any other state, or the United States that is substantially	3022
equivalent to any of the offenses listed in division (A)(1)(a) of	3023
this section;	3024

(c) If the request is made pursuant to section 3319.39 of the	3025
Revised Code for an applicant who is a teacher, any offense	3026
specified in section 3319.31 of the Revised Code.	3027

(2) On receipt of a request pursuant to section 3712.09 or	3028
3721.121 of the Revised Code, a completed form prescribed pursuant	3029
to division (C)(1) of this section, and a set of fingerprint	3030
impressions obtained in the manner described in division (C)(2) of	3031
this section, the superintendent of the bureau of criminal	3032
identification and investigation shall conduct a criminal records	3033
check with respect to any person who has applied for employment in	3034
a position for which a criminal records check is required by those	3035
sections. The superintendent shall conduct the criminal records	3036
check in the manner described in division (B) of this section to	3037
determine whether any information exists that indicates that the	3038
person who is the subject of the request previously has been	3039
convicted of or pleaded guilty to any of the following:	3040

(a) A violation of section 2903.01, 2903.02, 2903.03,	3041
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3042
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3043
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3044
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3045
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3046
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3047
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3048
2925.22, 2925.23, or 3716.11 of the Revised Code;	3049

(b) An existing or former law of this state, any other state,	3050
or the United States that is substantially equivalent to any of	3051
the offenses listed in division (A)(2)(a) of this section.	3052

(3) On receipt of a request pursuant to section 173.27,	3053
~~173.394~~173.38, 3701.881, ~~5111.032~~5164.34, ~~5111.033~~5164.341,	3054
~~5111.034~~5164.342, 5123.081, or 5123.169 of the Revised Code, a	3055
completed form prescribed pursuant to division (C)(1) of this	3056
section, and a set of fingerprint impressions obtained in the	3057
manner described in division (C)(2) of this section, the	3058
superintendent of the bureau of criminal identification and	3059
investigation shall conduct a criminal records check of the person	3060
for whom the request is made. The superintendent shall conduct the	3061
criminal records check in the manner described in division (B) of	3062
this section to determine whether any information exists that	3063
indicates that the person who is the subject of the request	3064
previously has been convicted of, has pleaded guilty to, or	3065
(except in the case of a request pursuant to section 5164.34,	3066
5164.341, or 5164.342 of the Revised Code) has been found eligible	3067
for intervention in lieu of conviction for any of the following,	3068
regardless of the date of the conviction, the date of entry of the	3069
guilty plea, or (except in the case of a request pursuant to	3070
section 5164.34, 5164.341, or 5164.342 of the Revised Code) the	3071
date the person was found eligible for intervention in lieu of	3072
conviction:	3073

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	3074
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	3075
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	3076
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	3077
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3078
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	3079
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	3080
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	3081
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	3082
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3083
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	3084
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	3085
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	3086
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	3087
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	3088
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	3089
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	3090
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	3091
2927.12, or 3716.11 of the Revised Code;	3092

(b) Felonious sexual penetration in violation of former	3093
section 2907.12 of the Revised Code;	3094

(c) A violation of section 2905.04 of the Revised Code as it	3095
existed prior to July 1, 1996;	3096

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	3097
the Revised Code when the underlying offense that is the object of	3098
the conspiracy, attempt, or complicity is one of the offenses	3099
listed in divisions (A)(3)(a) to (c) of this section;	3100

(e) A violation of an existing or former municipal ordinance	3101
or law of this state, any other state, or the United States that	3102
is substantially equivalent to any of the offenses listed in	3103
divisions (A)(3)(a) to (d) of this section.	3104

(4) On receipt of a request pursuant to section 2151.86 of	3105
the Revised Code, a completed form prescribed pursuant to division	3106
(C)(1) of this section, and a set of fingerprint impressions	3107
obtained in the manner described in division (C)(2) of this	3108
section, the superintendent of the bureau of criminal	3109
identification and investigation shall conduct a criminal records	3110
check in the manner described in division (B) of this section to	3111
determine whether any information exists that indicates that the	3112
person who is the subject of the request previously has been	3113
convicted of or pleaded guilty to any of the following:	3114

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	3115
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	3116
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	3117
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3118
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3119
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	3120
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	3121
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	3122
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	3123
of the Revised Code, a violation of section 2905.04 of the Revised	3124
Code as it existed prior to July 1, 1996, a violation of section	3125
2919.23 of the Revised Code that would have been a violation of	3126
section 2905.04 of the Revised Code as it existed prior to July 1,	3127
1996, had the violation been committed prior to that date, a	3128
violation of section 2925.11 of the Revised Code that is not a	3129
minor drug possession offense, two or more OVI or OVUAC violations	3130
committed within the three years immediately preceding the	3131
submission of the application or petition that is the basis of the	3132
request, or felonious sexual penetration in violation of former	3133
section 2907.12 of the Revised Code;	3134

(b) A violation of an existing or former law of this state,	3135
any other state, or the United States that is substantially	3136
equivalent to any of the offenses listed in division (A)(4)(a) of	3137
this section.	3138

(5) Upon receipt of a request pursuant to section 5104.012 or	3139
5104.013 of the Revised Code, a completed form prescribed pursuant	3140
to division (C)(1) of this section, and a set of fingerprint	3141
impressions obtained in the manner described in division (C)(2) of	3142
this section, the superintendent of the bureau of criminal	3143
identification and investigation shall conduct a criminal records	3144
check in the manner described in division (B) of this section to	3145
determine whether any information exists that indicates that the	3146
person who is the subject of the request has been convicted of or	3147
pleaded guilty to any of the following:	3148

(a) A violation of section 2903.01, 2903.02, 2903.03,	3149
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	3150
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	3151
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	3152
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	3153
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	3154
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	3155
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3156
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	3157
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	3158
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	3159
3716.11 of the Revised Code, felonious sexual penetration in	3160
violation of former section 2907.12 of the Revised Code, a	3161
violation of section 2905.04 of the Revised Code as it existed	3162
prior to July 1, 1996, a violation of section 2919.23 of the	3163
Revised Code that would have been a violation of section 2905.04	3164
of the Revised Code as it existed prior to July 1, 1996, had the	3165
violation been committed prior to that date, a violation of	3166
section 2925.11 of the Revised Code that is not a minor drug	3167
possession offense, a violation of section 2923.02 or 2923.03 of	3168
the Revised Code that relates to a crime specified in this	3169
division, or a second violation of section 4511.19 of the Revised	3170
Code within five years of the date of application for licensure or	3171
certification.	3172

(b) A violation of an existing or former law of this state,	3173
any other state, or the United States that is substantially	3174
equivalent to any of the offenses or violations described in	3175
division (A)(5)(a) of this section.	3176

(6) Upon receipt of a request pursuant to section 5153.111 of	3177
the Revised Code, a completed form prescribed pursuant to division	3178
(C)(1) of this section, and a set of fingerprint impressions	3179
obtained in the manner described in division (C)(2) of this	3180
section, the superintendent of the bureau of criminal	3181
identification and investigation shall conduct a criminal records	3182
check in the manner described in division (B) of this section to	3183
determine whether any information exists that indicates that the	3184
person who is the subject of the request previously has been	3185
convicted of or pleaded guilty to any of the following:	3186

(a) A violation of section 2903.01, 2903.02, 2903.03,	3187
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3188
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3189
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3190
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3191
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3192
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3193
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	3194
felonious sexual penetration in violation of former section	3195
2907.12 of the Revised Code, a violation of section 2905.04 of the	3196
Revised Code as it existed prior to July 1, 1996, a violation of	3197
section 2919.23 of the Revised Code that would have been a	3198
violation of section 2905.04 of the Revised Code as it existed	3199
prior to July 1, 1996, had the violation been committed prior to	3200
that date, or a violation of section 2925.11 of the Revised Code	3201
that is not a minor drug possession offense;	3202

(b) A violation of an existing or former law of this state,	3203
any other state, or the United States that is substantially	3204
equivalent to any of the offenses listed in division (A)(6)(a) of	3205
this section.	3206

(7) On receipt of a request for a criminal records check from	3207
an individual pursuant to section 4749.03 or 4749.06 of the	3208
Revised Code, accompanied by a completed copy of the form	3209
prescribed in division (C)(1) of this section and a set of	3210
fingerprint impressions obtained in a manner described in division	3211
(C)(2) of this section, the superintendent of the bureau of	3212
criminal identification and investigation shall conduct a criminal	3213
records check in the manner described in division (B) of this	3214
section to determine whether any information exists indicating	3215
that the person who is the subject of the request has been	3216
convicted of or pleaded guilty to a felony in this state or in any	3217
other state. If the individual indicates that a firearm will be	3218
carried in the course of business, the superintendent shall	3219
require information from the federal bureau of investigation as	3220
described in division (B)(2) of this section. Subject to division	3221
(F) of this section, the superintendent shall report the findings	3222
of the criminal records check and any information the federal	3223
bureau of investigation provides to the director of public safety.	3224

(8) On receipt of a request pursuant to section 1321.37,	3225
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	3226
Code, a completed form prescribed pursuant to division (C)(1) of	3227
this section, and a set of fingerprint impressions obtained in the	3228
manner described in division (C)(2) of this section, the	3229
superintendent of the bureau of criminal identification and	3230
investigation shall conduct a criminal records check with respect	3231
to any person who has applied for a license, permit, or	3232
certification from the department of commerce or a division in the	3233
department. The superintendent shall conduct the criminal records	3234
check in the manner described in division (B) of this section to	3235
determine whether any information exists that indicates that the	3236
person who is the subject of the request previously has been	3237
convicted of or pleaded guilty to any of the following: a	3238
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	3239
2925.03 of the Revised Code; any other criminal offense involving	3240
theft, receiving stolen property, embezzlement, forgery, fraud,	3241
passing bad checks, money laundering, or drug trafficking, or any	3242
criminal offense involving money or securities, as set forth in	3243
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	3244
the Revised Code; or any existing or former law of this state, any	3245
other state, or the United States that is substantially equivalent	3246
to those offenses.	3247

(9) On receipt of a request for a criminal records check from	3248
the treasurer of state under section 113.041 of the Revised Code	3249
or from an individual under section 4701.08, 4715.101, 4717.061,	3250
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	3251
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	3252
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	3253
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	3254
4762.06, 4776.021, or 4779.091 of the Revised Code, accompanied by	3255
a completed form prescribed under division (C)(1) of this section	3256
and a set of fingerprint impressions obtained in the manner	3257
described in division (C)(2) of this section, the superintendent	3258
of the bureau of criminal identification and investigation shall	3259
conduct a criminal records check in the manner described in	3260
division (B) of this section to determine whether any information	3261
exists that indicates that the person who is the subject of the	3262
request has been convicted of or pleaded guilty to any criminal	3263
offense in this state or any other state. Subject to division (F)	3264
of this section, the superintendent shall send the results of a	3265
check requested under section 113.041 of the Revised Code to the	3266
treasurer of state and shall send the results of a check requested	3267
under any of the other listed sections to the licensing board	3268
specified by the individual in the request.	3269

(10) On receipt of a request pursuant to section 1121.23,	3270
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	3271
Code, a completed form prescribed pursuant to division (C)(1) of	3272
this section, and a set of fingerprint impressions obtained in the	3273
manner described in division (C)(2) of this section, the	3274
superintendent of the bureau of criminal identification and	3275
investigation shall conduct a criminal records check in the manner	3276
described in division (B) of this section to determine whether any	3277
information exists that indicates that the person who is the	3278
subject of the request previously has been convicted of or pleaded	3279
guilty to any criminal offense under any existing or former law of	3280
this state, any other state, or the United States.	3281

(11) On receipt of a request for a criminal records check	3282
from an appointing or licensing authority under section 3772.07 of	3283
the Revised Code, a completed form prescribed under division	3284
(C)(1) of this section, and a set of fingerprint impressions	3285
obtained in the manner prescribed in division (C)(2) of this	3286
section, the superintendent of the bureau of criminal	3287
identification and investigation shall conduct a criminal records	3288
check in the manner described in division (B) of this section to	3289
determine whether any information exists that indicates that the	3290
person who is the subject of the request previously has been	3291
convicted of or pleaded guilty or no contest to any offense under	3292
any existing or former law of this state, any other state, or the	3293
United States that is a disqualifying offense as defined in	3294
section 3772.07 of the Revised Code or substantially equivalent to	3295
such an offense.	3296

(12) On receipt of a request pursuant to section 2151.33 or	3297
2151.412 of the Revised Code, a completed form prescribed pursuant	3298
to division (C)(1) of this section, and a set of fingerprint	3299
impressions obtained in the manner described in division (C)(2) of	3300
this section, the superintendent of the bureau of criminal	3301
identification and investigation shall conduct a criminal records	3302
check with respect to any person for whom a criminal records check	3303
is required by that section. The superintendent shall conduct the	3304
criminal records check in the manner described in division (B) of	3305
this section to determine whether any information exists that	3306
indicates that the person who is the subject of the request	3307
previously has been convicted of or pleaded guilty to any of the	3308
following:	3309

(a) A violation of section 2903.01, 2903.02, 2903.03,	3310
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3311
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3312
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3313
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3314
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3315
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3316
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3317
2925.22, 2925.23, or 3716.11 of the Revised Code;	3318

(b) An existing or former law of this state, any other state,	3319
or the United States that is substantially equivalent to any of	3320
the offenses listed in division (A)(12)(a) of this section.	3321

(B) Subject to division (F) of this section, the	3322
superintendent shall conduct any criminal records check to be	3323
conducted under this section as follows:	3324

(1) The superintendent shall review or cause to be reviewed	3325
any relevant information gathered and compiled by the bureau under	3326
division (A) of section 109.57 of the Revised Code that relates to	3327
the person who is the subject of the criminal records check,	3328
including, if the criminal records check was requested under	3329
section 113.041, 121.08, 173.27, ~~173.394~~173.38, 1121.23, 1155.03,	3330
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	3331
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	3332
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	3333
5104.013, ~~5111.032~~5164.34, ~~5111.033~~5164.341, ~~5111.034~~5164.342,	3334
5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant	3335
information contained in records that have been sealed under	3336
section 2953.32 of the Revised Code;	3337

(2) If the request received by the superintendent asks for	3338
information from the federal bureau of investigation, the	3339
superintendent shall request from the federal bureau of	3340
investigation any information it has with respect to the person	3341
who is the subject of the criminal records check, including	3342
fingerprint-based checks of national crime information databases	3343
as described in 42 U.S.C. 671 if the request is made pursuant to	3344
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	3345
any other Revised Code section requires fingerprint-based checks	3346
of that nature, and shall review or cause to be reviewed any	3347
information the superintendent receives from that bureau. If a	3348
request under section 3319.39 of the Revised Code asks only for	3349
information from the federal bureau of investigation, the	3350
superintendent shall not conduct the review prescribed by division	3351
(B)(1) of this section.	3352

(3) The superintendent or the superintendent's designee may	3353
request criminal history records from other states or the federal	3354
government pursuant to the national crime prevention and privacy	3355
compact set forth in section 109.571 of the Revised Code.	3356

(4) The superintendent shall include in the results of the	3357
criminal records check a list or description of the offenses	3358
listed or described in division (A)(1), (2), (3), (4), (5), (6),	3359
(7), (8), (9), (10), (11), or (12) of this section, whichever	3360
division requires the superintendent to conduct the criminal	3361
records check. The superintendent shall exclude from the results	3362
any information the dissemination of which is prohibited by	3363
federal law.	3364

(5) The superintendent shall send the results of the criminal	3365
records check to the person to whom it is to be sent not later	3366
than the following number of days after the date the	3367
superintendent receives the request for the criminal records	3368
check, the completed form prescribed under division (C)(1) of this	3369
section, and the set of fingerprint impressions obtained in the	3370
manner described in division (C)(2) of this section:	3371

(a) If the superintendent is required by division (A) of this	3372
section (other than division (A)(3) of this section) to conduct	3373
the criminal records check, thirty;	3374

(b) If the superintendent is required by division (A)(3) of	3375
this section to conduct the criminal records check, sixty.	3376

(C)(1) The superintendent shall prescribe a form to obtain	3377
the information necessary to conduct a criminal records check from	3378
any person for whom a criminal records check is to be conducted	3379
under this section. The form that the superintendent prescribes	3380
pursuant to this division may be in a tangible format, in an	3381
electronic format, or in both tangible and electronic formats.	3382

(2) The superintendent shall prescribe standard impression	3383
sheets to obtain the fingerprint impressions of any person for	3384
whom a criminal records check is to be conducted under this	3385
section. Any person for whom a records check is to be conducted	3386
under this section shall obtain the fingerprint impressions at a	3387
county sheriff's office, municipal police department, or any other	3388
entity with the ability to make fingerprint impressions on the	3389
standard impression sheets prescribed by the superintendent. The	3390
office, department, or entity may charge the person a reasonable	3391
fee for making the impressions. The standard impression sheets the	3392
superintendent prescribes pursuant to this division may be in a	3393
tangible format, in an electronic format, or in both tangible and	3394
electronic formats.	3395

(3) Subject to division (D) of this section, the	3396
superintendent shall prescribe and charge a reasonable fee for	3397
providing a criminal records check under this section. The person	3398
requesting the criminal records check shall pay the fee prescribed	3399
pursuant to this division. In the case of a request under section	3400
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	3401
2151.412, or ~~5111.032~~5164.34 of the Revised Code, the fee shall	3402
be paid in the manner specified in that section.	3403

(4) The superintendent of the bureau of criminal	3404
identification and investigation may prescribe methods of	3405
forwarding fingerprint impressions and information necessary to	3406
conduct a criminal records check, which methods shall include, but	3407
not be limited to, an electronic method.	3408

(D) The results of a criminal records check conducted under	3409
this section, other than a criminal records check specified in	3410
division (A)(7) of this section, are valid for the person who is	3411
the subject of the criminal records check for a period of one year	3412
from the date upon which the superintendent completes the criminal	3413
records check. If during that period the superintendent receives	3414
another request for a criminal records check to be conducted under	3415
this section for that person, the superintendent shall provide the	3416
results from the previous criminal records check of the person at	3417
a lower fee than the fee prescribed for the initial criminal	3418
records check.	3419

(E) When the superintendent receives a request for	3420
information from a registered private provider, the superintendent	3421
shall proceed as if the request was received from a school	3422
district board of education under section 3319.39 of the Revised	3423
Code. The superintendent shall apply division (A)(1)(c) of this	3424
section to any such request for an applicant who is a teacher.	3425

(F)(1) All information regarding the results of a criminal	3426
records check conducted under this section that the superintendent	3427
reports or sends under division (A)(7) or (9) of this section to	3428
the director of public safety, the treasurer of state, or the	3429
person, board, or entity that made the request for the criminal	3430
records check shall relate to the conviction of the subject	3431
person, or the subject person's plea of guilty to, a criminal	3432
offense.	3433

(2) Division (F)(1) of this section does not limit, restrict,	3434
or preclude the superintendent's release of information that	3435
relates to an adjudication of a child as a delinquent child, or	3436
that relates to a criminal conviction of a person under eighteen	3437
years of age if the person's case was transferred back to a	3438
juvenile court under division (B)(2) or (3) of section 2152.121 of	3439
the Revised Code and the juvenile court imposed a disposition or	3440
serious youthful offender disposition upon the person under either	3441
division, if either of the following applies with respect to the	3442
adjudication or conviction:	3443

(a) The adjudication or conviction was for a violation of	3444
section 2903.01 or 2903.02 of the Revised Code.	3445

(b) The adjudication or conviction was for a sexually	3446
oriented offense, as defined in section 2950.01 of the Revised	3447
Code, the juvenile court was required to classify the child a	3448
juvenile offender registrant for that offense under section	3449
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3450
classification has not been removed.	3451

(G) As used in this section:

3452

(1) "Criminal records check" means any criminal records check	3453
conducted by the superintendent of the bureau of criminal	3454
identification and investigation in accordance with division (B)	3455
of this section.	3456

(2) "Minor drug possession offense" has the same meaning as	3457
in section 2925.01 of the Revised Code.	3458

(3) "OVI or OVUAC violation" means a violation of section	3459
4511.19 of the Revised Code or a violation of an existing or	3460
former law of this state, any other state, or the United States	3461
that is substantially equivalent to section 4511.19 of the Revised	3462
Code.	3463

(4) "Registered private provider" means a nonpublic school or	3464
entity registered with the superintendent of public instruction	3465
under section 3310.41 of the Revised Code to participate in the	3466
autism scholarship program or section 3310.58 of the Revised Code	3467
to participate in the Jon Peterson special needs scholarship	3468
program.	3469

Sec. 109.71. There is hereby created in the office of the	3470
attorney general the Ohio peace officer training commission. The	3471
commission shall consist of nine members appointed by the governor	3472
with the advice and consent of the senate and selected as follows:	3473
one member representing the public; two members who are incumbent	3474
sheriffs; two members who are incumbent chiefs of police; one	3475
member from the bureau of criminal identification and	3476
investigation; one member from the state highway patrol; one	3477
member who is the special agent in charge of a field office of the	3478
federal bureau of investigation in this state; and one member from	3479
the department of education, trade and industrial education	3480
services, law enforcement training.	3481

This section does not confer any arrest authority or any	3482
ability or authority to detain a person, write or issue any	3483
citation, or provide any disposition alternative, as granted under	3484
Chapter 2935. of the Revised Code.	3485

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

3486

(A) "Peace officer" means:

3487

(1) A deputy sheriff, marshal, deputy marshal, member of the	3488
organized police department of a township or municipal	3489
corporation, member of a township police district or joint police	3490
district police force, member of a police force employed by a	3491
metropolitan housing authority under division (D) of section	3492
3735.31 of the Revised Code, or township constable, who is	3493
commissioned and employed as a peace officer by a political	3494
subdivision of this state or by a metropolitan housing authority,	3495
and whose primary duties are to preserve the peace, to protect	3496
life and property, and to enforce the laws of this state,	3497
ordinances of a municipal corporation, resolutions of a township,	3498
or regulations of a board of county commissioners or board of	3499
township trustees, or any of those laws, ordinances, resolutions,	3500
or regulations;	3501

(2) A police officer who is employed by a railroad company	3502
and appointed and commissioned by the secretary of state pursuant	3503
to sections 4973.17 to 4973.22 of the Revised Code;	3504

(3) Employees of the department of taxation engaged in the	3505
enforcement of Chapter 5743. of the Revised Code and designated by	3506
the tax commissioner for peace officer training for purposes of	3507
the delegation of investigation powers under section 5743.45 of	3508
the Revised Code;	3509

(4) An undercover drug agent;

3510

(5) Enforcement agents of the department of public safety	3511
whom the director of public safety designates under section	3512
5502.14 of the Revised Code;	3513

(6) An employee of the department of natural resources who is	3514
a natural resources law enforcement staff officer designated	3515
pursuant to section 1501.013, a park officer designated pursuant	3516
to section 1541.10, a forest officer designated pursuant to	3517
section 1503.29, a preserve officer designated pursuant to section	3518
1517.10, a wildlife officer designated pursuant to section	3519
1531.13, or a state watercraft officer designated pursuant to	3520
section 1547.521 of the Revised Code;	3521

(7) An employee of a park district who is designated pursuant	3522
to section 511.232 or 1545.13 of the Revised Code;	3523

(8) An employee of a conservancy district who is designated	3524
pursuant to section 6101.75 of the Revised Code;	3525

(9) A police officer who is employed by a hospital that	3526
employs and maintains its own proprietary police department or	3527
security department, and who is appointed and commissioned by the	3528
secretary of state pursuant to sections 4973.17 to 4973.22 of the	3529
Revised Code;	3530

(10) Veterans' homes police officers designated under section	3531
5907.02 of the Revised Code;	3532

(11) A police officer who is employed by a qualified	3533
nonprofit corporation police department pursuant to section	3534
1702.80 of the Revised Code;	3535

(12) A state university law enforcement officer appointed	3536
under section 3345.04 of the Revised Code or a person serving as a	3537
state university law enforcement officer on a permanent basis on	3538
June 19, 1978, who has been awarded a certificate by the executive	3539
director of the Ohio peace officer training commission attesting	3540
to the person's satisfactory completion of an approved state,	3541
county, municipal, or department of natural resources peace	3542
officer basic training program;	3543

(13) A special police officer employed by the department of	3544
~~mental health~~mental health and addiction services pursuant to	3545
section ~~5119.14~~5119.08 of the Revised Code or the department of	3546
developmental disabilities pursuant to section 5123.13 of the	3547
Revised Code;	3548

(14) A member of a campus police department appointed under	3549
section 1713.50 of the Revised Code;	3550

(15) A member of a police force employed by a regional	3551
transit authority under division (Y) of section 306.35 of the	3552
Revised Code;	3553

(16) Investigators appointed by the auditor of state pursuant	3554
to section 117.091 of the Revised Code and engaged in the	3555
enforcement of Chapter 117. of the Revised Code;	3556

(17) A special police officer designated by the	3557
superintendent of the state highway patrol pursuant to section	3558
5503.09 of the Revised Code or a person who was serving as a	3559
special police officer pursuant to that section on a permanent	3560
basis on October 21, 1997, and who has been awarded a certificate	3561
by the executive director of the Ohio peace officer training	3562
commission attesting to the person's satisfactory completion of an	3563
approved state, county, municipal, or department of natural	3564
resources peace officer basic training program;	3565

(18) A special police officer employed by a port authority	3566
under section 4582.04 or 4582.28 of the Revised Code or a person	3567
serving as a special police officer employed by a port authority	3568
on a permanent basis on May 17, 2000, who has been awarded a	3569
certificate by the executive director of the Ohio peace officer	3570
training commission attesting to the person's satisfactory	3571
completion of an approved state, county, municipal, or department	3572
of natural resources peace officer basic training program;	3573

(19) A special police officer employed by a municipal	3574
corporation who has been awarded a certificate by the executive	3575
director of the Ohio peace officer training commission for	3576
satisfactory completion of an approved peace officer basic	3577
training program and who is employed on a permanent basis on or	3578
after March 19, 2003, at a municipal airport, or other municipal	3579
air navigation facility, that has scheduled operations, as defined	3580
in section 119.3 of Title 14 of the Code of Federal Regulations,	3581
14 C.F.R. 119.3, as amended, and that is required to be under a	3582
security program and is governed by aviation security rules of the	3583
transportation security administration of the United States	3584
department of transportation as provided in Parts 1542. and 1544.	3585
of Title 49 of the Code of Federal Regulations, as amended;	3586

(20) A police officer who is employed by an owner or operator	3587
of an amusement park that has an average yearly attendance in	3588
excess of six hundred thousand guests and that employs and	3589
maintains its own proprietary police department or security	3590
department, and who is appointed and commissioned by a judge of	3591
the appropriate municipal court or county court pursuant to	3592
section 4973.17 of the Revised Code;	3593

(21) A police officer who is employed by a bank, savings and	3594
loan association, savings bank, credit union, or association of	3595
banks, savings and loan associations, savings banks, or credit	3596
unions, who has been appointed and commissioned by the secretary	3597
of state pursuant to sections 4973.17 to 4973.22 of the Revised	3598
Code, and who has been awarded a certificate by the executive	3599
director of the Ohio peace officer training commission attesting	3600
to the person's satisfactory completion of a state, county,	3601
municipal, or department of natural resources peace officer basic	3602
training program;	3603

(22) An investigator, as defined in section 109.541 of the	3604
Revised Code, of the bureau of criminal identification and	3605
investigation who is commissioned by the superintendent of the	3606
bureau as a special agent for the purpose of assisting law	3607
enforcement officers or providing emergency assistance to peace	3608
officers pursuant to authority granted under that section;	3609

(23) A state fire marshal law enforcement officer appointed	3610
under section 3737.22 of the Revised Code or a person serving as a	3611
state fire marshal law enforcement officer on a permanent basis on	3612
or after July 1, 1982, who has been awarded a certificate by the	3613
executive director of the Ohio peace officer training commission	3614
attesting to the person's satisfactory completion of an approved	3615
state, county, municipal, or department of natural resources peace	3616
officer basic training program;	3617

(24) A gaming agent employed under section 3772.03 of the	3618
Revised Code.	3619

(25) A deputy inspector general appointed under section	3620
121.48 of the Revised Code who has been awarded a certificate by	3621
the executive director of the Ohio peace officer training	3622
commission attesting to the person's satisfactory completion of an	3623
approved state, county, or municipal peace officer basic training	3624
program.	3625

(B) "Undercover drug agent" has the same meaning as in	3626
division (B)(2) of section 109.79 of the Revised Code.	3627

(C) "Crisis intervention training" means training in the use	3628
of interpersonal and communication skills to most effectively and	3629
sensitively interview victims of rape.	3630

(D) "Missing children" has the same meaning as in section	3631
2901.30 of the Revised Code.	3632

Sec. 109.746. (A) The attorney general may prepare public	3633
awareness programs that are designed to educate potential victims	3634
of violations of section 2905.32 of the Revised Code and their	3635
families of the risks of becoming a victim of a violation of that	3636
section. The attorney general may prepare these programs with	3637
assistance from the department of health, the department of ~~mental~~	3638
~~health~~mental health and addiction services, the department of job	3639
and family services~~, the department of alcohol and drug addiction~~	3640
~~services~~, and the department of education.	3641

(B) Any organization, person, or other governmental agency	3642
with an interest and expertise in trafficking in persons may	3643
submit information or materials to the attorney general regarding	3644
the preparation of the programs and materials permitted under this	3645
section. The attorney general, in developing the programs and	3646
materials permitted by this section, shall consider any	3647
information submitted pursuant to this division.	3648

Sec. 109.77. (A) As used in this section, "felony" has the	3649
same meaning as in section 109.511 of the Revised Code.	3650

(B)(1) Notwithstanding any general, special, or local law or	3651
charter to the contrary, and except as otherwise provided in this	3652
section, no person shall receive an original appointment on a	3653
permanent basis as any of the following unless the person	3654
previously has been awarded a certificate by the executive	3655
director of the Ohio peace officer training commission attesting	3656
to the person's satisfactory completion of an approved state,	3657
county, municipal, or department of natural resources peace	3658
officer basic training program:	3659

(a) A peace officer of any county, township, municipal	3660
corporation, regional transit authority, or metropolitan housing	3661
authority;	3662

(b) A natural resources law enforcement staff officer, park	3663
officer, forest officer, preserve officer, wildlife officer, or	3664
state watercraft officer of the department of natural resources;	3665

(c) An employee of a park district under section 511.232 or	3666
1545.13 of the Revised Code;	3667

(d) An employee of a conservancy district who is designated	3668
pursuant to section 6101.75 of the Revised Code;	3669

(e) A state university law enforcement officer;

3670

(f) A special police officer employed by the department of	3671
~~mental health~~mental health and addiction services pursuant to	3672
section ~~5119.14~~5119.08 of the Revised Code or the department of	3673
developmental disabilities pursuant to section 5123.13 of the	3674
Revised Code;	3675

(g) An enforcement agent of the department of public safety	3676
whom the director of public safety designates under section	3677
5502.14 of the Revised Code;	3678

(h) A special police officer employed by a port authority	3679
under section 4582.04 or 4582.28 of the Revised Code;	3680

(i) A special police officer employed by a municipal	3681
corporation at a municipal airport, or other municipal air	3682
navigation facility, that has scheduled operations, as defined in	3683
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3684
C.F.R. 119.3, as amended, and that is required to be under a	3685
security program and is governed by aviation security rules of the	3686
transportation security administration of the United States	3687
department of transportation as provided in Parts 1542. and 1544.	3688
of Title 49 of the Code of Federal Regulations, as amended;	3689

(j) A gaming agent employed under section 3772.03 of the	3690
Revised Code.	3691

(2) Every person who is appointed on a temporary basis or for	3692
a probationary term or on other than a permanent basis as any of	3693
the following shall forfeit the appointed position unless the	3694
person previously has completed satisfactorily or, within the time	3695
prescribed by rules adopted by the attorney general pursuant to	3696
section 109.74 of the Revised Code, satisfactorily completes a	3697
state, county, municipal, or department of natural resources peace	3698
officer basic training program for temporary or probationary	3699
officers and is awarded a certificate by the director attesting to	3700
the satisfactory completion of the program:	3701

(a) A peace officer of any county, township, municipal	3702
corporation, regional transit authority, or metropolitan housing	3703
authority;	3704

(b) A natural resources law enforcement staff officer, park	3705
officer, forest officer, preserve officer, wildlife officer, or	3706
state watercraft officer of the department of natural resources;	3707

(c) An employee of a park district under section 511.232 or	3708
1545.13 of the Revised Code;	3709

(d) An employee of a conservancy district who is designated	3710
pursuant to section 6101.75 of the Revised Code;	3711

(e) A special police officer employed by the department of	3712
~~mental health~~mental health and addiction services pursuant to	3713
section ~~5119.14~~5119.08 of the Revised Code or the department of	3714
developmental disabilities pursuant to section 5123.13 of the	3715
Revised Code;	3716

(f) An enforcement agent of the department of public safety	3717
whom the director of public safety designates under section	3718
5502.14 of the Revised Code;	3719

(g) A special police officer employed by a port authority	3720
under section 4582.04 or 4582.28 of the Revised Code;	3721

(h) A special police officer employed by a municipal	3722
corporation at a municipal airport, or other municipal air	3723
navigation facility, that has scheduled operations, as defined in	3724
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3725
C.F.R. 119.3, as amended, and that is required to be under a	3726
security program and is governed by aviation security rules of the	3727
transportation security administration of the United States	3728
department of transportation as provided in Parts 1542. and 1544.	3729
of Title 49 of the Code of Federal Regulations, as amended.	3730

(3) For purposes of division (B) of this section, a state,	3731
county, municipal, or department of natural resources peace	3732
officer basic training program, regardless of whether the program	3733
is to be completed by peace officers appointed on a permanent or	3734
temporary, probationary, or other nonpermanent basis, shall	3735
include training in the handling of the offense of domestic	3736
violence, other types of domestic violence-related offenses and	3737
incidents, and protection orders and consent agreements issued or	3738
approved under section 2919.26 or 3113.31 of the Revised Code and	3739
crisis intervention training. The requirement to complete training	3740
in the handling of the offense of domestic violence, other types	3741
of domestic violence-related offenses and incidents, and	3742
protection orders and consent agreements issued or approved under	3743
section 2919.26 or 3113.31 of the Revised Code does not apply to	3744
any person serving as a peace officer on March 27, 1979, and the	3745
requirement to complete training in crisis intervention does not	3746
apply to any person serving as a peace officer on April 4, 1985.	3747
Any person who is serving as a peace officer on April 4, 1985, who	3748
terminates that employment after that date, and who subsequently	3749
is hired as a peace officer by the same or another law enforcement	3750
agency shall complete training in crisis intervention as	3751
prescribed by rules adopted by the attorney general pursuant to	3752
section 109.742 of the Revised Code. No peace officer shall have	3753
employment as a peace officer terminated and then be reinstated	3754
with intent to circumvent this section.	3755

(4) Division (B) of this section does not apply to any person	3756
serving on a permanent basis on March 28, 1985, as a park officer,	3757
forest officer, preserve officer, wildlife officer, or state	3758
watercraft officer of the department of natural resources or as an	3759
employee of a park district under section 511.232 or 1545.13 of	3760
the Revised Code, to any person serving on a permanent basis on	3761
March 6, 1986, as an employee of a conservancy district designated	3762
pursuant to section 6101.75 of the Revised Code, to any person	3763
serving on a permanent basis on January 10, 1991, as a preserve	3764
officer of the department of natural resources, to any person	3765
employed on a permanent basis on July 2, 1992, as a special police	3766
officer by the department of ~~mental health~~mental health and	3767
addiction services pursuant to section ~~5119.14~~5119.08 of the	3768
Revised Code or by the department of developmental disabilities	3769
pursuant to section 5123.13 of the Revised Code, to any person	3770
serving on a permanent basis on May 17, 2000, as a special police	3771
officer employed by a port authority under section 4582.04 or	3772
4582.28 of the Revised Code, to any person serving on a permanent	3773
basis on March 19, 2003, as a special police officer employed by a	3774
municipal corporation at a municipal airport or other municipal	3775
air navigation facility described in division (A)(19) of section	3776
109.71 of the Revised Code, to any person serving on a permanent	3777
basis on June 19, 1978, as a state university law enforcement	3778
officer pursuant to section 3345.04 of the Revised Code and who,	3779
immediately prior to June 19, 1978, was serving as a special	3780
police officer designated under authority of that section, or to	3781
any person serving on a permanent basis on September 20, 1984, as	3782
a liquor control investigator, known after June 30, 1999, as an	3783
enforcement agent of the department of public safety, engaged in	3784
the enforcement of Chapters 4301. and 4303. of the Revised Code.	3785

(5) Division (B) of this section does not apply to any person	3786
who is appointed as a regional transit authority police officer	3787
pursuant to division (Y) of section 306.35 of the Revised Code if,	3788
on or before July 1, 1996, the person has completed satisfactorily	3789
an approved state, county, municipal, or department of natural	3790
resources peace officer basic training program and has been	3791
awarded a certificate by the executive director of the Ohio peace	3792
officer training commission attesting to the person's satisfactory	3793
completion of such an approved program and if, on July 1, 1996,	3794
the person is performing peace officer functions for a regional	3795
transit authority.	3796

(C) No person, after September 20, 1984, shall receive an	3797
original appointment on a permanent basis as a veterans' home	3798
police officer designated under section 5907.02 of the Revised	3799
Code unless the person previously has been awarded a certificate	3800
by the executive director of the Ohio peace officer training	3801
commission attesting to the person's satisfactory completion of an	3802
approved police officer basic training program. Every person who	3803
is appointed on a temporary basis or for a probationary term or on	3804
other than a permanent basis as a veterans' home police officer	3805
designated under section 5907.02 of the Revised Code shall forfeit	3806
that position unless the person previously has completed	3807
satisfactorily or, within one year from the time of appointment,	3808
satisfactorily completes an approved police officer basic training	3809
program.	3810

(D) No bailiff or deputy bailiff of a court of record of this	3811
state and no criminal investigator who is employed by the state	3812
public defender shall carry a firearm, as defined in section	3813
2923.11 of the Revised Code, while on duty unless the bailiff,	3814
deputy bailiff, or criminal investigator has done or received one	3815
of the following:	3816

(1) Has been awarded a certificate by the executive director	3817
of the Ohio peace officer training commission, which certificate	3818
attests to satisfactory completion of an approved state, county,	3819
or municipal basic training program for bailiffs and deputy	3820
bailiffs of courts of record and for criminal investigators	3821
employed by the state public defender that has been recommended by	3822
the Ohio peace officer training commission;	3823

(2) Has successfully completed a firearms training program	3824
approved by the Ohio peace officer training commission prior to	3825
employment as a bailiff, deputy bailiff, or criminal investigator;	3826

(3) Prior to June 6, 1986, was authorized to carry a firearm	3827
by the court that employed the bailiff or deputy bailiff or, in	3828
the case of a criminal investigator, by the state public defender	3829
and has received training in the use of firearms that the Ohio	3830
peace officer training commission determines is equivalent to the	3831
training that otherwise is required by division (D) of this	3832
section.	3833

(E)(1) Before a person seeking a certificate completes an	3834
approved peace officer basic training program, the executive	3835
director of the Ohio peace officer training commission shall	3836
request the person to disclose, and the person shall disclose, any	3837
previous criminal conviction of or plea of guilty of that person	3838
to a felony.	3839

(2) Before a person seeking a certificate completes an	3840
approved peace officer basic training program, the executive	3841
director shall request a criminal history records check on the	3842
person. The executive director shall submit the person's	3843
fingerprints to the bureau of criminal identification and	3844
investigation, which shall submit the fingerprints to the federal	3845
bureau of investigation for a national criminal history records	3846
check.	3847

Upon receipt of the executive director's request, the bureau	3848
of criminal identification and investigation and the federal	3849
bureau of investigation shall conduct a criminal history records	3850
check on the person and, upon completion of the check, shall	3851
provide a copy of the criminal history records check to the	3852
executive director. The executive director shall not award any	3853
certificate prescribed in this section unless the executive	3854
director has received a copy of the criminal history records check	3855
on the person to whom the certificate is to be awarded.	3856

(3) The executive director of the commission shall not award	3857
a certificate prescribed in this section to a person who has been	3858
convicted of or has pleaded guilty to a felony or who fails to	3859
disclose any previous criminal conviction of or plea of guilty to	3860
a felony as required under division (E)(1) of this section.	3861

(4) The executive director of the commission shall revoke the	3862
certificate awarded to a person as prescribed in this section, and	3863
that person shall forfeit all of the benefits derived from being	3864
certified as a peace officer under this section, if the person,	3865
before completion of an approved peace officer basic training	3866
program, failed to disclose any previous criminal conviction of or	3867
plea of guilty to a felony as required under division (E)(1) of	3868
this section.	3869

(F)(1) Regardless of whether the person has been awarded the	3870
certificate or has been classified as a peace officer prior to,	3871
on, or after October 16, 1996, the executive director of the Ohio	3872
peace officer training commission shall revoke any certificate	3873
that has been awarded to a person as prescribed in this section if	3874
the person does either of the following:	3875

(a) Pleads guilty to a felony committed on or after January	3876
1, 1997;	3877

(b) Pleads guilty to a misdemeanor committed on or after	3878
January 1, 1997, pursuant to a negotiated plea agreement as	3879
provided in division (D) of section 2929.43 of the Revised Code in	3880
which the person agrees to surrender the certificate awarded to	3881
the person under this section.	3882

(2) The executive director of the commission shall suspend	3883
any certificate that has been awarded to a person as prescribed in	3884
this section if the person is convicted, after trial, of a felony	3885
committed on or after January 1, 1997. The executive director	3886
shall suspend the certificate pursuant to division (F)(2) of this	3887
section pending the outcome of an appeal by the person from that	3888
conviction to the highest court to which the appeal is taken or	3889
until the expiration of the period in which an appeal is required	3890
to be filed. If the person files an appeal that results in that	3891
person's acquittal of the felony or conviction of a misdemeanor,	3892
or in the dismissal of the felony charge against that person, the	3893
executive director shall reinstate the certificate awarded to the	3894
person under this section. If the person files an appeal from that	3895
person's conviction of the felony and the conviction is upheld by	3896
the highest court to which the appeal is taken or if the person	3897
does not file a timely appeal, the executive director shall revoke	3898
the certificate awarded to the person under this section.	3899

(G)(1) If a person is awarded a certificate under this	3900
section and the certificate is revoked pursuant to division (E)(4)	3901
or (F) of this section, the person shall not be eligible to	3902
receive, at any time, a certificate attesting to the person's	3903
satisfactory completion of a peace officer basic training program.	3904

(2) The revocation or suspension of a certificate under	3905
division (E)(4) or (F) of this section shall be in accordance with	3906
Chapter 119. of the Revised Code.	3907

(H)(1) A person who was employed as a peace officer of a	3908
county, township, or municipal corporation of the state on January	3909
1, 1966, and who has completed at least sixteen years of full-time	3910
active service as such a peace officer, or equivalent service as	3911
determined by the executive director of the Ohio peace officer	3912
training commission, may receive an original appointment on a	3913
permanent basis and serve as a peace officer of a county,	3914
township, or municipal corporation, or as a state university law	3915
enforcement officer, without complying with the requirements of	3916
division (B) of this section.	3917

(2) Any person who held an appointment as a state highway	3918
trooper on January 1, 1966, may receive an original appointment on	3919
a permanent basis and serve as a peace officer of a county,	3920
township, or municipal corporation, or as a state university law	3921
enforcement officer, without complying with the requirements of	3922
division (B) of this section.	3923

(I) No person who is appointed as a peace officer of a	3924
county, township, or municipal corporation on or after April 9,	3925
1985, shall serve as a peace officer of that county, township, or	3926
municipal corporation unless the person has received training in	3927
the handling of missing children and child abuse and neglect cases	3928
from an approved state, county, township, or municipal police	3929
officer basic training program or receives the training within the	3930
time prescribed by rules adopted by the attorney general pursuant	3931
to section 109.741 of the Revised Code.	3932

(J) No part of any approved state, county, or municipal basic	3933
training program for bailiffs and deputy bailiffs of courts of	3934
record and no part of any approved state, county, or municipal	3935
basic training program for criminal investigators employed by the	3936
state public defender shall be used as credit toward the	3937
completion by a peace officer of any part of the approved state,	3938
county, or municipal peace officer basic training program that the	3939
peace officer is required by this section to complete	3940
satisfactorily.	3941

(K) This section does not apply to any member of the police	3942
department of a municipal corporation in an adjoining state	3943
serving in this state under a contract pursuant to section 737.04	3944
of the Revised Code.	3945

Sec. 109.85. (A) Upon the written request of the governor,	3946
the general assembly, the auditor of state, the medicaid director	3947
~~of job and family services~~, the director of health, or the	3948
director of budget and management, or upon the attorney general's	3949
becoming aware of criminal or improper activity related to Chapter	3950
3721. and the ~~medical assistance~~medicaid program ~~established~~	3951
~~under section 5111.01 of the Revised Code~~, the attorney general	3952
shall investigate any criminal or civil violation of law related	3953
to Chapter 3721. of the Revised Code or the ~~medical assistance~~	3954
medicaid program.	3955

(B) When it appears to the attorney general, as a result of	3956
an investigation under division (A) of this section, that there is	3957
cause to prosecute for the commission of a crime or to pursue a	3958
civil remedy, the attorney general may refer the evidence to the	3959
prosecuting attorney having jurisdiction of the matter, or to a	3960
regular grand jury drawn and impaneled pursuant to sections	3961
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	3962
drawn and impaneled pursuant to section 2939.17 of the Revised	3963
Code, or the attorney general may initiate and prosecute any	3964
necessary criminal or civil actions in any court or tribunal of	3965
competent jurisdiction in this state. When proceeding under this	3966
section, the attorney general, and any assistant or special	3967
counsel designated by the attorney general for that purpose, have	3968
all rights, privileges, and powers of prosecuting attorneys. The	3969
attorney general shall have exclusive supervision and control of	3970
all investigations and prosecutions initiated by the attorney	3971
general under this section. The forfeiture provisions of Chapter	3972
2981. of the Revised Code apply in relation to any such criminal	3973
action initiated and prosecuted by the attorney general.	3974

(C) Nothing in this section shall prevent a county	3975
prosecuting attorney from investigating and prosecuting criminal	3976
activity related to Chapter 3721. of the Revised Code and the	3977
~~medical assistance~~medicaid program ~~established under section~~	3978
~~5111.01 of the Revised Code~~. The forfeiture provisions of Chapter	3979
2981. of the Revised Code apply in relation to any prosecution of	3980
criminal activity related to the ~~medical assistance~~medicaid	3981
program undertaken by the prosecuting attorney.	3982

Sec. 109.86. (A) The attorney general shall investigate any	3983
activity the attorney general has reasonable cause to believe is	3984
in violation of section 2903.34 of the Revised Code. Upon written	3985
request of the governor, the general assembly, the auditor of	3986
state, or the director of health, job and family services, aging,	3987
~~mental health~~mental health and addiction services, or	3988
developmental disabilities, the attorney general shall investigate	3989
any activity these persons believe is in violation of section	3990
2903.34 of the Revised Code. If after an investigation the	3991
attorney general has probable cause to prosecute for the	3992
commission of a crime, the attorney general shall refer the	3993
evidence to the prosecuting attorney, director of law, or other	3994
similar chief legal officer having jurisdiction over the matter.	3995
If the prosecuting attorney decides to present the evidence to a	3996
grand jury, the prosecuting attorney shall notify the attorney	3997
general in writing of the decision within thirty days after	3998
referral of the matter and shall present the evidence prior to the	3999
discharge of the next regular grand jury. If the director of law	4000
or other chief legal officer decides to prosecute the case, the	4001
director or officer shall notify the attorney general in writing	4002
of the decision within thirty days and shall initiate prosecution	4003
within sixty days after the matter was referred to the director or	4004
officer.	4005

(B) If the prosecuting attorney, director of law, or other	4006
chief legal officer fails to notify the attorney general or to	4007
present evidence or initiate prosecution in accordance with	4008
division (A) of this section, the attorney general may present the	4009
evidence to a regular grand jury drawn and impaneled pursuant to	4010
sections 2939.01 to 2939.24 of the Revised Code, or to a special	4011
grand jury drawn and impaneled pursuant to section 2939.17 of the	4012
Revised Code, or the attorney general may initiate and prosecute	4013
any action in any court or tribunal of competent jurisdiction in	4014
this state. The attorney general, and any assistant or special	4015
counsel designated by the attorney general, have all the powers of	4016
a prosecuting attorney, director of law, or other chief legal	4017
officer when proceeding under this section. Nothing in this	4018
section shall limit or prevent a prosecuting attorney, director of	4019
law, or other chief legal officer from investigating and	4020
prosecuting criminal activity committed against a resident or	4021
patient of a care facility.	4022

Sec. 109.90. (A) The attorney general shall collaborate with	4023
the state board of pharmacy and director of ~~alcohol and drug~~	4024
~~addiction services~~mental health and addiction services in the	4025
establishment and administration of a drug take-back program, as	4026
provided under section 4729.69 of the Revised Code. The office of	4027
the attorney general is solely responsible for the costs incurred	4028
in the establishment and administration of the program.	4029

(B) The attorney general may accept grants, gifts, or	4030
donations for purposes of the program. Money received under this	4031
division or section ~~3793.22~~5119.49 or 4729.69 of the Revised Code	4032
shall be deposited into the state treasury to the credit of the	4033
drug take-back program fund, which is hereby created. Money	4034
credited to the fund shall be used solely for purposes of the	4035
program.	4036

Sec. 111.02. Before entering upon the discharge of the	4037
duties of ~~his~~ office, the secretary of state shall give a bond to	4038
the state in the sum of one hundred thousand dollars, with ~~two or~~	4039
~~more sureties approved by the governor, auditor of state, and~~	4040
~~attorney general~~a surety authorized to do business in the state,	4041
conditioned for the faithful discharge of the duties of ~~his~~the	4042
office of secretary of state. The bond~~, with the approval of the~~	4043
~~proper officials~~ and the oath of office ~~indorsed thereon,~~ shall be	4044
deposited with and kept by the director of administrative services	4045
~~and kept~~ in ~~his~~the director's office.	4046

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

4047

(1) "Rule" includes any rule, regulation, bylaw, or standard	4048
having a general and uniform operation adopted by an agency under	4049
the authority of the laws governing the agency; any appendix to a	4050
rule; and any internal management rule. "Rule" does not include	4051
any guideline adopted pursuant to section 3301.0714 of the Revised	4052
Code, any order respecting the duties of employees, any finding,	4053
any determination of a question of law or fact in a matter	4054
presented to an agency, or any rule promulgated pursuant to	4055
Chapter 119., section 4141.14, division (C)(1) or (2) of section	4056
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	4057
any amendment or rescission of a rule.	4058

(2) "Agency" means any governmental entity of the state and	4059
includes, but is not limited to, any board, department, division,	4060
commission, bureau, society, council, institution, state college	4061
or university, community college district, technical college	4062
district, or state community college. "Agency" does not include	4063
the general assembly, the controlling board, the adjutant	4064
general's department, or any court.	4065

(3) "Internal management rule" means any rule, regulation,	4066
bylaw, or standard governing the day-to-day staff procedures and	4067
operations within an agency.	4068

(4) "Substantive revision" has the same meaning as in	4069
division (J) of section 119.01 of the Revised Code.	4070

(B)(1) Any rule, other than a rule of an emergency nature,	4071
adopted by any agency pursuant to this section shall be effective	4072
on the tenth day after the day on which the rule in final form and	4073
in compliance with division (B)(3) of this section is filed as	4074
follows:	4075

(a) The rule shall be filed in electronic form with both the	4076
secretary of state and the director of the legislative service	4077
commission;	4078

(b) The rule shall be filed in electronic form with the joint	4079
committee on agency rule review. Division (B)(1)(b) of this	4080
section does not apply to any rule to which division (D) of this	4081
section does not apply.	4082

An agency that adopts or amends a rule that is subject to	4083
division (D) of this section shall assign a review date to the	4084
rule that is not later than five years after its effective date.	4085
If no review date is assigned to a rule, or if a review date	4086
assigned to a rule exceeds the five-year maximum, the review date	4087
for the rule is five years after its effective date. A rule with a	4088
review date is subject to review under section 119.032 of the	4089
Revised Code. This paragraph does not apply to a rule of a state	4090
college or university, community college district, technical	4091
college district, or state community college.	4092

If all filings are not completed on the same day, the rule	4093
shall be effective on the tenth day after the day on which the	4094
latest filing is completed. If an agency in adopting a rule	4095
designates an effective date that is later than the effective date	4096
provided for by division (B)(1) of this section, the rule if filed	4097
as required by such division shall become effective on the later	4098
date designated by the agency.	4099

Any rule that is required to be filed under division (B)(1)	4100
of this section is also subject to division (D) of this section if	4101
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	4102
(8) of this section.	4103

If a rule incorporates a text or other material by reference,	4104
the agency shall comply with sections 121.71 to 121.76 of the	4105
Revised Code.	4106

(2) A rule of an emergency nature necessary for the immediate	4107
preservation of the public peace, health, or safety shall state	4108
the reasons for the necessity. The emergency rule, in final form	4109
and in compliance with division (B)(3) of this section, shall be	4110
filed in electronic form with the secretary of state, the director	4111
of the legislative service commission, and the joint committee on	4112
agency rule review. The emergency rule is effective immediately	4113
upon completion of the latest filing, except that if the agency in	4114
adopting the emergency rule designates an effective date, or date	4115
and time of day, that is later than the effective date and time	4116
provided for by division (B)(2) of this section, the emergency	4117
rule if filed as required by such division shall become effective	4118
at the later date, or later date and time of day, designated by	4119
the agency.	4120

An emergency rule becomes invalid at the end of the ninetieth	4121
day it is in effect. Prior to that date, the agency may file the	4122
emergency rule as a nonemergency rule in compliance with division	4123
(B)(1) of this section. The agency may not refile the emergency	4124
rule in compliance with division (B)(2) of this section so that,	4125
upon the emergency rule becoming invalid under such division, the	4126
emergency rule will continue in effect without interruption for	4127
another ninety-day period.	4128

(3) An agency shall file a rule under division (B)(1) or (2)	4129
of this section in compliance with the following standards and	4130
procedures:	4131

(a) The rule shall be numbered in accordance with the	4132
numbering system devised by the director for the Ohio	4133
administrative code.	4134

(b) The rule shall be prepared and submitted in compliance	4135
with the rules of the legislative service commission.	4136

(c) The rule shall clearly state the date on which it is to	4137
be effective and the date on which it will expire, if known.	4138

(d) Each rule that amends or rescinds another rule shall	4139
clearly refer to the rule that is amended or rescinded. Each	4140
amendment shall fully restate the rule as amended.	4141

If the director of the legislative service commission or the	4142
director's designee gives an agency notice pursuant to section	4143
103.05 of the Revised Code that a rule filed by the agency is not	4144
in compliance with the rules of the legislative service	4145
commission, the agency shall within thirty days after receipt of	4146
the notice conform the rule to the rules of the commission as	4147
directed in the notice.	4148

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	4149
of this section shall be recorded by the secretary of state and	4150
the director under the title of the agency adopting the rule and	4151
shall be numbered according to the numbering system devised by the	4152
director. The secretary of state and the director shall preserve	4153
the rules in an accessible manner. Each such rule shall be a	4154
public record open to public inspection and may be transmitted to	4155
any law publishing company that wishes to reproduce it.	4156

(D) At least sixty-five days before a board, commission,	4157
department, division, or bureau of the government of the state	4158
files a rule under division (B)(1) of this section, it shall file	4159
the full text of the proposed rule in electronic form with the	4160
joint committee on agency rule review, and the proposed rule is	4161
subject to legislative review and invalidation under division (I)	4162
of section 119.03 of the Revised Code. If a state board,	4163
commission, department, division, or bureau makes a substantive	4164
revision in a proposed rule after it is filed with the joint	4165
committee, the state board, commission, department, division, or	4166
bureau shall promptly file the full text of the proposed rule in	4167
its revised form in electronic form with the joint committee. The	4168
latest version of a proposed rule as filed with the joint	4169
committee supersedes each earlier version of the text of the same	4170
proposed rule. ~~Except as provided in division (F) of this section,~~	4171
aA state board, commission, department, division, or bureau shall	4172
also file the rule summary and fiscal analysis prepared under	4173
section 127.18 of the Revised Code in electronic form along with a	4174
proposed rule, and along with a proposed rule in revised form,	4175
that is filed under this division. If a proposed rule has an	4176
adverse impact on businesses, the state board, commission,	4177
department, division, or bureau also shall file the business	4178
impact analysis, any recommendations received from the common	4179
sense initiative office, and the associated memorandum of	4180
response, if any, in electronic form along with the proposed rule,	4181
or the proposed rule in revised form, that is filed under this	4182
division.	4183

As used in this division, "commission" includes the public	4184
utilities commission when adopting rules under a federal or state	4185
statute.	4186

This division does not apply to any of the following:

4187

(1) A proposed rule of an emergency nature;

4188

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	4189
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	4190
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	4191
Code;	4192

(3) A rule proposed by an agency other than a board,	4193
commission, department, division, or bureau of the government of	4194
the state;	4195

(4) A proposed internal management rule of a board,	4196
commission, department, division, or bureau of the government of	4197
the state;	4198

(5) Any proposed rule that must be adopted verbatim by an	4199
agency pursuant to federal law or rule, to become effective within	4200
sixty days of adoption, in order to continue the operation of a	4201
federally reimbursed program in this state, so long as the	4202
proposed rule contains both of the following:	4203

(a) A statement that it is proposed for the purpose of	4204
complying with a federal law or rule;	4205

(b) A citation to the federal law or rule that requires	4206
verbatim compliance.	4207

(6) An initial rule proposed by the director of health to	4208
impose safety standards and quality-of-care standards with respect	4209
to a health service specified in section 3702.11 of the Revised	4210
Code, or an initial rule proposed by the director to impose	4211
quality standards on a facility listed in division (A)(4) of	4212
section 3702.30 of the Revised Code, if section 3702.12 of the	4213
Revised Code requires that the rule be adopted under this section;	4214

(7) A rule of the state lottery commission pertaining to	4215
instant game rules.	4216

If a rule is exempt from legislative review under division	4217
(D)(5) of this section, and if the federal law or rule pursuant to	4218
which the rule was adopted expires, is repealed or rescinded, or	4219
otherwise terminates, the rule is thereafter subject to	4220
legislative review under division (D) of this section.	4221

(E) Whenever a state board, commission, department, division,	4222
or bureau files a proposed rule or a proposed rule in revised form	4223
under division (D) of this section, it shall also file the full	4224
text of the same proposed rule or proposed rule in revised form in	4225
electronic form with the secretary of state and the director of	4226
the legislative service commission. ~~Except as provided in division~~	4227
~~(F) of this section, a~~A state board, commission, department,	4228
division, or bureau shall file the rule summary and fiscal	4229
analysis prepared under section 127.18 of the Revised Code in	4230
electronic form along with a proposed rule or proposed rule in	4231
revised form that is filed with the secretary of state or the	4232
director of the legislative service commission.	4233

~~(F) Except as otherwise provided in this division, the~~	4234
~~auditor of state or the auditor of state's designee is not~~	4235
~~required to file a rule summary and fiscal analysis along with a~~	4236
~~proposed rule, or proposed rule in revised form, that the auditor~~	4237
~~of state proposes under section 117.12, 117.19, 117.38, or 117.43~~	4238
~~of the Revised Code and files under division (D) or (E) of this~~	4239
~~section.~~	4240

Sec. 111.28. (A) There is hereby created in the state	4241
treasury the help America vote act (HAVA) fund. All moneys	4242
received by the secretary of state from the United States election	4243
assistance commission shall be credited to the fund. The secretary	4244
of state shall use the moneys credited to the fund for activities	4245
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	4246
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	4247
shall be credited to the fund.	4248

(B) There is hereby created in the state treasury the	4249
election reform/health and human services fund. All moneys	4250
received by the secretary of state from the United States	4251
department of health and human services shall be credited to the	4252
fund. The secretary of state shall use the moneys credited to the	4253
fund for activities conducted pursuant to grants awarded to the	4254
state under Title II, Subtitle D, Sections 261 to 265 of the Help	4255
America Vote Act of 2002 to assure access for individuals with	4256
disabilities. All investment earnings of the fund shall be	4257
credited to the fund.	4258

(C) There is hereby created in the state treasury the	4259
miscellaneous federal grants fund. All moneys the secretary of	4260
state receives as grants from federal sources that are not	4261
otherwise designated shall be credited to the fund. The secretary	4262
of state shall use the moneys credited to the fund for the	4263
purposes and activities required by the applicable federal grant	4264
agreements. All investment earnings of the fund shall be credited	4265
to the fund.	4266

Sec. 113.02. Before entering upon the discharge of the	4267
duties of ~~his~~ office, the treasurer of state shall give a bond to	4268
the state in the sum of one million dollars, with ~~sureties~~	4269
~~approved by the governor~~a surety authorized to do business in the	4270
state, conditioned for the faithful discharge of the duties of ~~his~~	4271
the office of treasurer of state. The bond~~, with the approval of~~	4272
~~the governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4273
deposited with and kept by the secretary of state ~~and kept~~ in ~~his~~	4274
the secretary of state's office.	4275

Sec. 113.061. The treasurer of state shall adopt rules in	4276
accordance with Chapter 119. of the Revised Code governing the	4277
remittance of taxes by electronic funds transfer as required under	4278
sections 5726.03, 5727.311, 5727.83, 5733.022, 5735.062, 5739.032,	4279
5745.04, ~~and~~ 5747.072, 5749.06, and 5751.07 of the Revised Code	4280
and any other section of the Revised Code under which a person is	4281
required to remit taxes by electronic funds transfer. The rules	4282
shall govern the modes of electronic funds transfer acceptable to	4283
the treasurer of state and under what circumstances each mode is	4284
acceptable, the content and format of electronic funds transfers,	4285
the coordination of payment by electronic funds transfer and	4286
filing of associated tax reports and returns, the remittance of	4287
taxes by means other than electronic funds transfer by persons	4288
otherwise required to do so but relieved of the requirement by the	4289
treasurer of state, and any other matter that in the opinion of	4290
the treasurer of state facilitates payment by electronic funds	4291
transfer in a manner consistent with those sections.	4292

Upon failure by a person, if so required, to remit taxes by	4293
electronic funds transfer in the manner prescribed under section	4294
5726.03, 5727.83, 5733.022, 5735.062, 5739.032, 5745.04, or	4295
5747.072, 5749.06, or 5751.07 of the Revised Code and rules	4296
adopted under this section, the treasurer of state shall notify	4297
the tax commissioner of such failure if the treasurer of state	4298
determines that such failure was not due to reasonable cause or	4299
was due to willful neglect, and shall provide the tax commissioner	4300
with any information used in making that determination. The tax	4301
commissioner may assess an additional charge as specified in the	4302
respective section of the Revised Code governing the requirement	4303
to remit taxes by electronic funds transfer.	4304

The treasurer of state may implement means of acknowledging,	4305
upon the request of a taxpayer, receipt of tax remittances made by	4306
electronic funds transfer, and may adopt rules governing	4307
acknowledgments. The cost of acknowledging receipt of electronic	4308
remittances shall be paid by the person requesting acknowledgment.	4309

The treasurer of state, not the tax commissioner, is	4310
responsible for resolving any problems involving electronic funds	4311
transfer transmissions.	4312

Sec. 117.03. Before entering upon the discharge of the	4313
duties of ~~his~~ office, the auditor of state shall give a bond to	4314
the state in the sum of twenty thousand dollars, with a surety	4315
~~approved by the governor~~authorized to do business in the state,	4316
conditioned for the faithful discharge of the duties of ~~his~~the	4317
office of auditor of state. The bond~~, with the approval of the~~	4318
~~governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4319
deposited with and kept by the secretary of state and kept in ~~his~~	4320
the secretary of state's office.	4321

Sec. 117.10. The auditor of state shall audit all public	4322
offices as provided in this chapter. The auditor of state also may	4323
audit the accounts of private institutions, associations, boards,	4324
and corporations receiving public money for their use and may	4325
require of them annual reports in such form as the auditor of	4326
state prescribes.	4327

If the auditor of state performs or contracts for the	4328
performance of an audit, including a special audit, of the public	4329
employees retirement system, school employees retirement system,	4330
state teachers retirement system, state highway patrol retirement	4331
system, or Ohio police and fire pension fund, the auditor of state	4332
shall make a timely report of the results of the audit to the Ohio	4333
retirement study council.	4334

The auditor of state may audit the accounts of any medicaid	4335
provider, as defined in section ~~5111.06~~5164.01 of the Revised	4336
Code.	4337

If a public office has been audited by an agency of the	4338
United States government, the auditor of state may, if satisfied	4339
that the federal audit has been conducted according to principles	4340
and procedures not contrary to those of the auditor of state, use	4341
and adopt the federal audit and report in lieu of an audit by the	4342
auditor of state's own office.	4343

Within thirty days after the creation or dissolution or the	4344
winding up of the affairs of any public office, that public office	4345
shall notify the auditor of state in writing that this action has	4346
occurred.	4347

Sec. 117.20. (A) In adopting rules pursuant to Chapter 117.	4348
of the Revised Code, the auditor of state or the auditor of	4349
state's designee shall do both of the following:	4350

(1) Before adopting any such rule, except a rule of an	4351
emergency nature, do each of the following:	4352

(a) At least thirty-five days before any public hearing on	4353
the proposed rule-making action, mail or send by electronic mail	4354
notice of the hearing to each public office and to each statewide	4355
organization that the auditor of state or designee determines will	4356
be affected or represents persons who will be affected by the	4357
proposed rule-making action;	4358

(b) Mail or send by electronic mail a copy of the proposed	4359
rule to any person or organization that requests a copy within	4360
five days after receipt of the request;	4361

(c) Consult with appropriate state and local government	4362
agencies, or with persons representative of their interests,	4363
including statewide organizations of local government officials,	4364
and consult with accounting professionals and other interested	4365
persons;	4366

(d) Conduct, on the date and at the time and place designated	4367
in the notice, a public hearing at which any person affected by	4368
the proposed rule, including statewide organizations of local	4369
government officials, may appear and be heard in person, by	4370
attorney, or both, and may present the person's or organization's	4371
position or contentions orally or in writing.	4372

(2) ~~Except as otherwise provided in division (A)(2) of this~~	4373
~~section, comply~~Comply with ~~divisions (B) to (E) of~~ section 111.15	4374
of the Revised Code. ~~The auditor of state is not required to file~~	4375
~~a rule summary and fiscal analysis along with any copy of a~~	4376
~~proposed rule, or proposed rule in revised form, that is filed~~	4377
~~with the joint committee on agency rule review, the secretary of~~	4378
~~state, or the director of the legislative service commission under~~	4379
~~division (D) or (E) of section 111.15 of the Revised Code.~~	4380

(B) The auditor of state shall diligently discharge the	4381
duties imposed by divisions (A)(1)(a), (b), and (c) of this	4382
section, but failure to mail or send by electronic mail any notice	4383
or copy of a proposed rule, or to consult with any person or	4384
organization, shall not invalidate any rule.	4385

(C) Notwithstanding any contrary provision of the Revised	4386
Code, the auditor of state may prepare and disseminate, to public	4387
offices and other interested persons and organizations, advisory	4388
bulletins, directives, and instructions relating to accounting and	4389
financial reporting systems, budgeting procedures, fiscal	4390
controls, and the constructions by the auditor of state of	4391
constitutional and statutory provisions, court decisions, and	4392
opinions of the attorney general. The bulletins, directives, and	4393
instructions shall be of an advisory nature only.	4394

(D) As used in this section, "rule" includes the adoption,	4395
amendment, or rescission of a rule.	4396

Sec. 119.01. As used in sections 119.01 to 119.13 of the	4397
Revised Code:	4398

(A)(1) "Agency" means, except as limited by this division,	4399
any official, board, or commission having authority to promulgate	4400
rules or make adjudications in the civil service commission, the	4401
division of liquor control, the department of taxation, the	4402
industrial commission, the bureau of workers' compensation, the	4403
functions of any administrative or executive officer, department,	4404
division, bureau, board, or commission of the government of the	4405
state specifically made subject to sections 119.01 to 119.13 of	4406
the Revised Code, and the licensing functions of any	4407
administrative or executive officer, department, division, bureau,	4408
board, or commission of the government of the state having the	4409
authority or responsibility of issuing, suspending, revoking, or	4410
canceling licenses.	4411

Except as otherwise provided in division (I) of this section,	4412
sections 119.01 to 119.13 of the Revised Code do not apply to the	4413
public utilities commission. Sections 119.01 to 119.13 of the	4414
Revised Code do not apply to the utility radiological safety	4415
board; to the controlling board; to actions of the superintendent	4416
of financial institutions and the superintendent of insurance in	4417
the taking possession of, and rehabilitation or liquidation of,	4418
the business and property of banks, savings and loan associations,	4419
savings banks, credit unions, insurance companies, associations,	4420
reciprocal fraternal benefit societies, and bond investment	4421
companies; to any action taken by the division of securities under	4422
section 1707.201 of the Revised Code; or to any action that may be	4423
taken by the superintendent of financial institutions under	4424
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18,	4425
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33,	4426
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.	4427

Sections 119.01 to 119.13 of the Revised Code do not apply to	4428
actions of the industrial commission or the bureau of workers'	4429
compensation under sections 4123.01 to 4123.94 of the Revised Code	4430
with respect to all matters of adjudication, or to the actions of	4431
the industrial commission, bureau of workers' compensation board	4432
of directors, and bureau of workers' compensation under division	4433
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	4434
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	4435
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	4436
(E) of section 4131.14 of the Revised Code with respect to all	4437
matters concerning the establishment of premium, contribution, and	4438
assessment rates.	4439

(2) "Agency" also means any official or work unit having	4440
authority to promulgate rules or make adjudications in the	4441
department of job and family services, but only with respect to	4442
both of the following:	4443

(a) The adoption, amendment, or rescission of rules that	4444
section 5101.09 of the Revised Code requires be adopted in	4445
accordance with this chapter;	4446

(b) The issuance, suspension, revocation, or cancellation of	4447
licenses.	4448

(B) "License" means any license, permit, certificate,	4449
commission, or charter issued by any agency. "License" does not	4450
include any arrangement whereby a person~~, institution,~~ or	4451
government entity furnishes medicaid services under a provider	4452
agreement with the department of ~~job and family services pursuant~~	4453
~~to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	4454
~~U.S.C. 301, as amended~~medicaid.	4455

(C) "Rule" means any rule, regulation, or standard, having a	4456
general and uniform operation, adopted, promulgated, and enforced	4457
by any agency under the authority of the laws governing such	4458
agency, and includes any appendix to a rule. "Rule" does not	4459
include any internal management rule of an agency unless the	4460
internal management rule affects private rights and does not	4461
include any guideline adopted pursuant to section 3301.0714 of the	4462
Revised Code.	4463

(D) "Adjudication" means the determination by the highest or	4464
ultimate authority of an agency of the rights, duties, privileges,	4465
benefits, or legal relationships of a specified person, but does	4466
not include the issuance of a license in response to an	4467
application with respect to which no question is raised, nor other	4468
acts of a ministerial nature.	4469

(E) "Hearing" means a public hearing by any agency in	4470
compliance with procedural safeguards afforded by sections 119.01	4471
to 119.13 of the Revised Code.	4472

(F) "Person" means a person, firm, corporation, association,	4473
or partnership.	4474

(G) "Party" means the person whose interests are the subject	4475
of an adjudication by an agency.	4476

(H) "Appeal" means the procedure by which a person, aggrieved	4477
by a finding, decision, order, or adjudication of any agency,	4478
invokes the jurisdiction of a court.	4479

(I) "Rule-making agency" means any board, commission,	4480
department, division, or bureau of the government of the state	4481
that is required to file proposed rules, amendments, or	4482
rescissions under division (D) of section 111.15 of the Revised	4483
Code and any agency that is required to file proposed rules,	4484
amendments, or rescissions under divisions (B) and (H) of section	4485
119.03 of the Revised Code. "Rule-making agency" includes the	4486
public utilities commission. "Rule-making agency" does not include	4487
any state-supported college or university.	4488

(J) "Substantive revision" means any addition to, elimination	4489
from, or other change in a rule, an amendment of a rule, or a	4490
rescission of a rule, whether of a substantive or procedural	4491
nature, that changes any of the following:	4492

(1) That which the rule, amendment, or rescission permits,	4493
authorizes, regulates, requires, prohibits, penalizes, rewards, or	4494
otherwise affects;	4495

(2) The scope or application of the rule, amendment, or	4496
rescission.	4497

(K) "Internal management rule" means any rule, regulation, or	4498
standard governing the day-to-day staff procedures and operations	4499
within an agency.	4500

Sec. 120.06. (A)(1) The state public defender, when	4501
designated by the court or requested by a county public defender	4502
or joint county public defender, may provide legal representation	4503
in all courts throughout the state to indigent adults and	4504
juveniles who are charged with the commission of an offense or act	4505
for which the penalty or any possible adjudication includes the	4506
potential loss of liberty.	4507

(2) The state public defender may provide legal	4508
representation to any indigent person who, while incarcerated in	4509
any state correctional institution, is charged with a felony	4510
offense, for which the penalty or any possible adjudication that	4511
may be imposed by a court upon conviction includes the potential	4512
loss of liberty.	4513

(3) The state public defender may provide legal	4514
representation to any person incarcerated in any correctional	4515
institution of the state, in any matter in which the person	4516
asserts the person is unlawfully imprisoned or detained.	4517

(4) The state public defender, in any case in which the state	4518
public defender has provided legal representation or is requested	4519
to do so by a county public defender or joint county public	4520
defender, may provide legal representation on appeal.	4521

(5) The state public defender, when designated by the court	4522
or requested by a county public defender, joint county public	4523
defender, or the director of rehabilitation and correction, shall	4524
provide legal representation in parole and probation revocation	4525
matters or matters relating to the revocation of community control	4526
or post-release control under a community control sanction or	4527
post-release control sanction, unless the state public defender	4528
finds that the alleged parole or probation violator or alleged	4529
violator of a community control sanction or post-release control	4530
sanction has the financial capacity to retain the alleged	4531
violator's own counsel.	4532

(6) If the state public defender contracts with a county	4533
public defender commission, a joint county public defender	4534
commission, or a board of county commissioners for the provision	4535
of services, under authority of division (C)(7) of section 120.04	4536
of the Revised Code, the state public defender shall provide legal	4537
representation in accordance with the contract.	4538

(B) The state public defender shall not be required to	4539
prosecute any appeal, postconviction remedy, or other proceeding	4540
pursuant to division (A)(3), (4), or (5) of this section, unless	4541
the state public defender first is satisfied that there is	4542
arguable merit to the proceeding.	4543

(C) A court may appoint counsel or allow an indigent person	4544
to select the indigent's own personal counsel to assist the state	4545
public defender as co-counsel when the interests of justice so	4546
require. When co-counsel is appointed to assist the state public	4547
defender, the co-counsel shall receive any compensation that the	4548
court may approve, not to exceed the amounts provided for in	4549
section 2941.51 of the Revised Code.	4550

(D)(1) When the state public defender is designated by the	4551
court or requested by a county public defender or joint county	4552
public defender to provide legal representation for an indigent	4553
person in any case, other than pursuant to a contract entered into	4554
under authority of division (C)(7) of section 120.04 of the	4555
Revised Code, the state public defender shall send to the county	4556
in which the case is filed a bill detailing the actual cost of the	4557
representation that separately itemizes legal fees and expenses.	4558
The county, upon receipt of an itemized bill from the state public	4559
defender pursuant to this division, shall pay the state public	4560
defender each of the following amounts:	4561

(a) For the amount identified as legal fees in the itemized	4562
bill, one hundred per cent of the amount identified as legal fees	4563
less the state reimbursement rate as calculated by the state	4564
public defender pursuant to section 120.34 of the Revised Code for	4565
the month the case terminated, as set forth in the itemized bill;	4566

(b) For the amount identified as expenses in the itemized	4567
bill, one hundred per cent.	4568

(2) Upon payment of the itemized bill under division (D)(1)	4569
of this section, the county may submit the cost of the expenses,	4570
excluding legal fees, to the state public defender for	4571
reimbursement pursuant to section 120.33 of the Revised Code.	4572

(3) When the state public defender provides investigation or	4573
mitigation services to private appointed counsel or to a county or	4574
joint county public defender as approved by the appointing court,	4575
other than pursuant to a contract entered into under authority of	4576
division (C)(7) of section 120.04 of the Revised Code, the state	4577
public defender shall send to the county in which the case is	4578
filed a bill itemizing the actual cost of the services provided.	4579
The county, upon receipt of an itemized bill from the state public	4580
defender pursuant to this division, shall pay one hundred per cent	4581
of the amount as set forth in the itemized bill. Upon payment of	4582
the itemized bill received pursuant to this division, the county	4583
may submit the cost of the investigation and mitigation services	4584
to the state public defender for reimbursement pursuant to section	4585
120.33 of the Revised Code.	4586

(4) There is hereby created in the state treasury the county	4587
representation fund for the deposit of moneys received from	4588
counties under this division. All moneys credited to the fund	4589
shall be used by the state public defender to provide legal	4590
representation for indigent persons when designated by the court	4591
or requested by a county or joint county public defender or to	4592
provide investigation or mitigation services, including	4593
investigation or mitigation services to private appointed counsel	4594
or a county or joint county public defender, as approved by the	4595
court.	4596

(E)(1) Notwithstanding any contrary provision of sections	4597
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	4598
that pertains to representation by the attorney general, an	4599
assistant attorney general, or special counsel of an officer or	4600
employee, as defined in section 109.36 of the Revised Code, or of	4601
an entity of state government, the state public defender may elect	4602
to contract with, and to have the state pay pursuant to division	4603
(E)(2) of this section for the services of, private legal counsel	4604
to represent the Ohio public defender commission, the state public	4605
defender, assistant state public defenders, other employees of the	4606
commission or the state public defender, and attorneys described	4607
in division (C) of section 120.41 of the Revised Code in a	4608
malpractice or other civil action or proceeding that arises from	4609
alleged actions or omissions related to responsibilities derived	4610
pursuant to this chapter, or in a civil action that is based upon	4611
alleged violations of the constitution or statutes of the United	4612
States, including section 1983 of Title 42 of the United States	4613
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	4614
arises from alleged actions or omissions related to	4615
responsibilities derived pursuant to this chapter, if the state	4616
public defender determines, in good faith, that the defendant in	4617
the civil action or proceeding did not act manifestly outside the	4618
scope of the defendant's employment or official responsibilities,	4619
with malicious purpose, in bad faith, or in a wanton or reckless	4620
manner. If the state public defender elects not to contract	4621
pursuant to this division for private legal counsel in a civil	4622
action or proceeding, then, in accordance with sections 109.02,	4623
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	4624
attorney general shall represent or provide for the representation	4625
of the Ohio public defender commission, the state public defender,	4626
assistant state public defenders, other employees of the	4627
commission or the state public defender, or attorneys described in	4628
division (C) of section 120.41 of the Revised Code in the civil	4629
action or proceeding.	4630

(2)(a) Subject to division (E)(2)(b) of this section, payment	4631
from the state treasury for the services of private legal counsel	4632
with whom the state public defender has contracted pursuant to	4633
division (E)(1) of this section shall be accomplished only through	4634
the following procedure:	4635

(i) The private legal counsel shall file with the attorney	4636
general a copy of the contract; a request for an award of legal	4637
fees, court costs, and expenses earned or incurred in connection	4638
with the defense of the Ohio public defender commission, the state	4639
public defender, an assistant state public defender, an employee,	4640
or an attorney in a specified civil action or proceeding; a	4641
written itemization of those fees, costs, and expenses, including	4642
the signature of the state public defender and the state public	4643
defender's attestation that the fees, costs, and expenses were	4644
earned or incurred pursuant to division (E)(1) of this section to	4645
the best of the state public defender's knowledge and information;	4646
a written statement whether the fees, costs, and expenses are for	4647
all legal services to be rendered in connection with that defense,	4648
are only for legal services rendered to the date of the request	4649
and additional legal services likely will have to be provided in	4650
connection with that defense, or are for the final legal services	4651
rendered in connection with that defense; a written statement	4652
indicating whether the private legal counsel previously submitted	4653
a request for an award under division (E)(2) of this section in	4654
connection with that defense and, if so, the date and the amount	4655
of each award granted; and, if the fees, costs, and expenses are	4656
for all legal services to be rendered in connection with that	4657
defense or are for the final legal services rendered in connection	4658
with that defense, a certified copy of any judgment entry in the	4659
civil action or proceeding or a signed copy of any settlement	4660
agreement entered into between the parties to the civil action or	4661
proceeding.	4662

(ii) Upon receipt of a request for an award of legal fees,	4663
court costs, and expenses and the requisite supportive	4664
documentation described in division (E)(2)(a)(i) of this section,	4665
the attorney general shall review the request and documentation;	4666
determine whether any of the limitations specified in division	4667
(E)(2)(b) of this section apply to the request; and, if an award	4668
of legal fees, court costs, or expenses is permissible after	4669
applying the limitations, prepare a document awarding legal fees,	4670
court costs, or expenses to the private legal counsel. The	4671
document shall name the private legal counsel as the recipient of	4672
the award; specify the total amount of the award as determined by	4673
the attorney general; itemize the portions of the award that	4674
represent legal fees, court costs, and expenses; specify any	4675
limitation applied pursuant to division (E)(2)(b) of this section	4676
to reduce the amount of the award sought by the private legal	4677
counsel; state that the award is payable from the state treasury	4678
pursuant to division (E)(2)(a)(iii) of this section; and be	4679
approved by the inclusion of the signatures of the attorney	4680
general, the state public defender, and the private legal counsel.	4681

(iii) The attorney general shall forward a copy of the	4682
document prepared pursuant to division (E)(2)(a)(ii) of this	4683
section to the director of budget and management. The award of	4684
legal fees, court costs, or expenses shall be paid out of the	4685
state public defender's appropriations, to the extent there is a	4686
sufficient available balance in those appropriations. If the state	4687
public defender does not have a sufficient available balance in	4688
the state public defender's appropriations to pay the entire award	4689
of legal fees, court costs, or expenses, the director shall make	4690
application for a transfer of appropriations out of the emergency	4691
purposes account or any other appropriation for emergencies or	4692
contingencies in an amount equal to the portion of the award that	4693
exceeds the sufficient available balance in the state public	4694
defender's appropriations. A transfer of appropriations out of the	4695
emergency purposes account or any other appropriation for	4696
emergencies or contingencies shall be authorized if there are	4697
sufficient moneys greater than the sum total of then pending	4698
emergency purposes account requests, or requests for releases from	4699
the other appropriation. If a transfer of appropriations out of	4700
the emergency purposes account or other appropriation for	4701
emergencies or contingencies is made to pay an amount equal to the	4702
portion of the award that exceeds the sufficient available balance	4703
in the state public defender's appropriations, the director shall	4704
cause the payment to be made to the private legal counsel. If	4705
sufficient moneys do not exist in the emergency purposes account	4706
or other appropriation for emergencies or contingencies to pay an	4707
amount equal to the portion of the award that exceeds the	4708
sufficient available balance in the state public defender's	4709
appropriations, the private legal counsel shall request the	4710
general assembly to make an appropriation sufficient to pay an	4711
amount equal to the portion of the award that exceeds the	4712
sufficient available balance in the state public defender's	4713
appropriations, and no payment in that amount shall be made until	4714
the appropriation has been made. The private legal counsel shall	4715
make the request during the current biennium and during each	4716
succeeding biennium until a sufficient appropriation is made.	4717

(b) An award of legal fees, court costs, and expenses	4718
pursuant to division (E) of this section is subject to the	4719
following limitations:	4720

(i) The maximum award or maximum aggregate of a series of	4721
awards of legal fees, court costs, and expenses to the private	4722
legal counsel in connection with the defense of the Ohio public	4723
defender commission, the state public defender, an assistant state	4724
public defender, an employee, or an attorney in a specified civil	4725
action or proceeding shall not exceed fifty thousand dollars.	4726

(ii) The private legal counsel shall not be awarded legal	4727
fees, court costs, or expenses to the extent the fees, costs, or	4728
expenses are covered by a policy of malpractice or other	4729
insurance.	4730

(iii) The private legal counsel shall be awarded legal fees	4731
and expenses only to the extent that the fees and expenses are	4732
reasonable in light of the legal services rendered by the private	4733
legal counsel in connection with the defense of the Ohio public	4734
defender commission, the state public defender, an assistant state	4735
public defender, an employee, or an attorney in a specified civil	4736
action or proceeding.	4737

(c) If, pursuant to division (E)(2)(a) of this section, the	4738
attorney general denies a request for an award of legal fees,	4739
court costs, or expenses to private legal counsel because of the	4740
application of a limitation specified in division (E)(2)(b) of	4741
this section, the attorney general shall notify the private legal	4742
counsel in writing of the denial and of the limitation applied.	4743

(d) If, pursuant to division (E)(2)(c) of this section, a	4744
private legal counsel receives a denial of an award notification	4745
or if a private legal counsel refuses to approve a document under	4746
division (E)(2)(a)(ii) of this section because of the proposed	4747
application of a limitation specified in division (E)(2)(b) of	4748
this section, the private legal counsel may commence a civil	4749
action against the attorney general in the court of claims to	4750
prove the private legal counsel's entitlement to the award sought,	4751
to prove that division (E)(2)(b) of this section does not prohibit	4752
or otherwise limit the award sought, and to recover a judgment for	4753
the amount of the award sought. A civil action under division	4754
(E)(2)(d) of this section shall be commenced no later than two	4755
years after receipt of a denial of award notification or, if the	4756
private legal counsel refused to approve a document under division	4757
(E)(2)(a)(ii) of this section because of the proposed application	4758
of a limitation specified in division (E)(2)(b) of this section,	4759
no later than two years after the refusal. Any judgment of the	4760
court of claims in favor of the private legal counsel shall be	4761
paid from the state treasury in accordance with division (E)(2)(a)	4762
of this section.	4763

(F) If a court appoints the office of the state public	4764
defender to represent a petitioner in a postconviction relief	4765
proceeding under section 2953.21 of the Revised Code, the	4766
petitioner has received a sentence of death, and the proceeding	4767
relates to that sentence, all of the attorneys who represent the	4768
petitioner in the proceeding pursuant to the appointment, whether	4769
an assistant state public defender, the state public defender, or	4770
another attorney, shall be certified under Rule 20 of the Rules of	4771
Superintendence for the Courts of Ohio to represent indigent	4772
defendants charged with or convicted of an offense for which the	4773
death penalty can be or has been imposed.	4774

(G)(1) The state public defender may provide legal	4775
representation and services to a child committed to the department	4776
of youth services relative to either of the following:	4777

(a) The fact or duration of the child's confinement,	4778
including, but not limited to, appeals, post-conviction relief,	4779
petitions for habeas corpus, and administrative issues that may	4780
extend the period of confinement;	4781

(b) Conditions of the child's confinement.

4782

(2) Division (G)(1) of this section does not authorize the	4783
state public defender to represent a child committed to the	4784
department of youth services in general civil matters arising	4785
solely out of state law.	4786

(H) A child's right to representation or services under this	4787
section is not affected by the child, or another person on behalf	4788
of the child, previously having paid for similar representation or	4789
services or having waived legal representation.	4790

(I) The state public defender shall have access to any child	4791
committed to the department of youth services, department of youth	4792
services institution, and department of youth services record as	4793
needed to implement this section.	4794

(J) As used in this section:

4795

(1) "Community control sanction" has the same meaning as in	4796
section 2929.01 of the Revised Code.	4797

(2) "Conditions of confinement" means any issue involving a	4798
constitutional right or other civil right related to a child's	4799
incarceration, including, but not limited to, actions cognizable	4800
under 42 U.S.C. 1983.	4801

(3) "Post-release control sanction" has the same meaning as	4802
in section 2967.01 of the Revised Code.	4803

Sec. 121.02. The following administrative departments and	4804
their respective directors are hereby created:	4805

(A) The office of budget and management, which shall be	4806
administered by the director of budget and management;	4807

(B) The department of commerce, which shall be administered	4808
by the director of commerce;	4809

(C) The department of administrative services, which shall be	4810
administered by the director of administrative services;	4811

(D) The department of transportation, which shall be	4812
administered by the director of transportation;	4813

(E) The department of agriculture, which shall be	4814
administered by the director of agriculture;	4815

(F) The department of natural resources, which shall be	4816
administered by the director of natural resources;	4817

(G) The department of health, which shall be administered by	4818
the director of health;	4819

(H) The department of job and family services, which shall be	4820
administered by the director of job and family services;	4821

(I) Until July 1, 1997, the department of liquor control,	4822
which shall be administered by the director of liquor control;	4823

(J) The department of public safety, which shall be	4824
administered by the director of public safety;	4825

(K) The department of ~~mental health~~mental health and	4826
addiction services, which shall be administered by the director of	4827
~~mental health~~mental health and addiction services;	4828

(L) The department of developmental disabilities, which shall	4829
be administered by the director of developmental disabilities;	4830

(M) The department of insurance, which shall be administered	4831
by the superintendent of insurance as director thereof;	4832

(N) The development services agency, which shall be	4833
administered by the director of development services;	4834

(O) The department of youth services, which shall be	4835
administered by the director of youth services;	4836

(P) The department of rehabilitation and correction, which	4837
shall be administered by the director of rehabilitation and	4838
correction;	4839

(Q) The environmental protection agency, which shall be	4840
administered by the director of environmental protection;	4841

(R) The department of aging, which shall be administered by	4842
the director of aging;	4843

(S) ~~The department of alcohol and drug addiction services,~~	4844
~~which shall be administered by the director of~~ ~~alcohol and drug~~	4845
~~addiction services~~;	4846

~~(T)~~ The department of veterans services, which shall be	4847
administered by the director of veterans services;	4848

(T) The department of medicaid, which shall be administered	4849
by the medicaid director.	4850

The director of each department shall exercise the powers and	4851
perform the duties vested by law in such department.	4852

Sec. 121.03. The following administrative department heads	4853
shall be appointed by the governor, with the advice and consent of	4854
the senate, and shall hold their offices during the term of the	4855
appointing governor, and are subject to removal at the pleasure of	4856
the governor.	4857

(A) The director of budget and management;

4858

(B) The director of commerce;

4859

4860

(D) The director of agriculture;

4861

(E) The director of job and family services;

4862

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

4863

(G) The director of public safety;

4864

(H) The superintendent of insurance;

4865

(I) The director of development services;

4866

(J) The tax commissioner;

4867

(K) The director of administrative services;

4868

(L) The director of natural resources;

4869

(M) The director of ~~mental health~~mental health and addiction	4870
services;	4871

(N) The director of developmental disabilities;

4872

(O) The director of health;

4873

(P) The director of youth services;

4874

(Q) The director of rehabilitation and correction;

4875

(R) The director of environmental protection;

4876

(S) The director of aging;

4877

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

4878

~~(U)~~ The administrator of workers' compensation who meets the	4879
qualifications required under division (A) of section 4121.121 of	4880
the Revised Code;	4881

~~(V)~~(U) The director of veterans services who meets the	4882
qualifications required under section 5902.01 of the Revised Code;	4883

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

4884

(W) The medicaid director.

4885

Sec. 121.11. (A) Each officer whose office is created by	4886
sections 121.02, 121.04, and 121.05 of the Revised Code, before	4887
entering upon the duties of office, shall take and subscribe an	4888
oath of office as provided by law and give bond, conditioned	4889
according to law, with security ~~to be approved by the governor~~ in	4890
the penal sum, not less than ten thousand dollars~~, fixed by the~~	4891
~~governor~~. The department of administrative services may procure	4892
from any duly authorized corporate surety authorized to do	4893
business in the state a schedule or blanket bond covering the	4894
officers described in those sections and any other officers the	4895
governor designates. The bond and oath of the officers described	4896
in those sections shall be filed in the office of the secretary of	4897
state.	4898

(B) ~~The director of each department, with the approval of the~~	4899
~~governor, may require any chief of a division, or any officer or~~	4900
~~employee in the director's department, to give bond in the amount~~	4901
~~the governor prescribes. The bond or bonds may, in the discretion~~	4902
~~of the director, be individual, schedule, or blanket bonds.~~	4903

~~(C)~~ The premium on any bond required or authorized by this	4904
section may be paid from the state treasury.	4905

Sec. 121.22. (A) This section shall be liberally construed	4906
to require public officials to take official action and to conduct	4907
all deliberations upon official business only in open meetings	4908
unless the subject matter is specifically excepted by law.	4909

(B) As used in this section:

4910

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

4911

(a) Any board, commission, committee, council, or similar	4912
decision-making body of a state agency, institution, or authority,	4913
and any legislative authority or board, commission, committee,	4914
council, agency, authority, or similar decision-making body of any	4915
county, township, municipal corporation, school district, or other	4916
political subdivision or local public institution;	4917

(b) Any committee or subcommittee of a body described in	4918
division (B)(1)(a) of this section;	4919

(c) A court of jurisdiction of a sanitary district organized	4920
wholly for the purpose of providing a water supply for domestic,	4921
municipal, and public use when meeting for the purpose of the	4922
appointment, removal, or reappointment of a member of the board of	4923
directors of such a district pursuant to section 6115.10 of the	4924
Revised Code, if applicable, or for any other matter related to	4925
such a district other than litigation involving the district. As	4926
used in division (B)(1)(c) of this section, "court of	4927
jurisdiction" has the same meaning as "court" in section 6115.01	4928
of the Revised Code.	4929

(2) "Meeting" means any prearranged discussion of the public	4930
business of the public body by a majority of its members.	4931

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

4932

(a) A student in a state or local public educational	4933
institution;	4934

(b) A person who is, voluntarily or involuntarily, an inmate,	4935
patient, or resident of a state or local institution because of	4936
criminal behavior, mental illness or retardation, disease,	4937
disability, age, or other condition requiring custodial care.	4938

(4) "Public office" has the same meaning as in section	4939
149.011 of the Revised Code.	4940

(C) All meetings of any public body are declared to be public	4941
meetings open to the public at all times. A member of a public	4942
body shall be present in person at a meeting open to the public to	4943
be considered present or to vote at the meeting and for purposes	4944
of determining whether a quorum is present at the meeting.	4945

The minutes of a regular or special meeting of any public	4946
body shall be promptly prepared, filed, and maintained and shall	4947
be open to public inspection. The minutes need only reflect the	4948
general subject matter of discussions in executive sessions	4949
authorized under division (G) or (J) of this section.	4950

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

4951

(1) A grand jury;

4952

(2) An audit conference conducted by the auditor of state or	4953
independent certified public accountants with officials of the	4954
public office that is the subject of the audit;	4955

(3) The adult parole authority when its hearings are	4956
conducted at a correctional institution for the sole purpose of	4957
interviewing inmates to determine parole or pardon;	4958

(4) The organized crime investigations commission established	4959
under section 177.01 of the Revised Code;	4960

(5) Meetings of a child fatality review board established	4961
under section 307.621 of the Revised Code and meetings conducted	4962
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	4963

(6) The state medical board when determining whether to	4964
suspend a certificate without a prior hearing pursuant to division	4965
(G) of either section 4730.25 or 4731.22 of the Revised Code;	4966

(7) The board of nursing when determining whether to suspend	4967
a license or certificate without a prior hearing pursuant to	4968
division (B) of section 4723.281 of the Revised Code;	4969

(8) The state board of pharmacy when determining whether to	4970
suspend a license without a prior hearing pursuant to division (D)	4971
of section 4729.16 of the Revised Code;	4972

(9) The state chiropractic board when determining whether to	4973
suspend a license without a hearing pursuant to section 4734.37 of	4974
the Revised Code;	4975

(10) The executive committee of the emergency response	4976
commission when determining whether to issue an enforcement order	4977
or request that a civil action, civil penalty action, or criminal	4978
action be brought to enforce Chapter 3750. of the Revised Code;	4979

(11) The board of directors of the nonprofit corporation	4980
formed under section 187.01 of the Revised Code or any committee	4981
thereof, and the board of directors of any subsidiary of that	4982
corporation or a committee thereof;	4983

(12) An audit conference conducted by the audit staff of the	4984
department of job and family services with officials of the public	4985
office that is the subject of that audit under section 5101.37 of	4986
the Revised Code.	4987

(E) The controlling board, ~~the industrial technology and~~	4988
~~enterprise advisory council,~~ the tax credit authority, or the	4989
minority development financing advisory board, when meeting to	4990
consider granting assistance pursuant to Chapter 122. or 166. of	4991
the Revised Code, in order to protect the interest of the	4992
applicant or the possible investment of public funds, by unanimous	4993
vote of all board~~, council,~~ or authority members present, may	4994
close the meeting during consideration of the following	4995
information confidentially received by the authority~~, council,~~ or	4996
board from the applicant:	4997

(1) Marketing plans;

4998

(2) Specific business strategy;

4999

(3) Production techniques and trade secrets;

5000

(4) Financial projections;

5001

(5) Personal financial statements of the applicant or members	5002
of the applicant's immediate family, including, but not limited	5003
to, tax records or other similar information not open to public	5004
inspection.	5005

The vote by the authority~~, council,~~ or board to accept or	5006
reject the application, as well as all proceedings of the	5007
authority~~, council,~~ or board not subject to this division, shall	5008
be open to the public and governed by this section.	5009

(F) Every public body, by rule, shall establish a reasonable	5010
method whereby any person may determine the time and place of all	5011
regularly scheduled meetings and the time, place, and purpose of	5012
all special meetings. A public body shall not hold a special	5013
meeting unless it gives at least twenty-four hours' advance notice	5014
to the news media that have requested notification, except in the	5015
event of an emergency requiring immediate official action. In the	5016
event of an emergency, the member or members calling the meeting	5017
shall notify the news media that have requested notification	5018
immediately of the time, place, and purpose of the meeting.	5019

The rule shall provide that any person, upon request and	5020
payment of a reasonable fee, may obtain reasonable advance	5021
notification of all meetings at which any specific type of public	5022
business is to be discussed. Provisions for advance notification	5023
may include, but are not limited to, mailing the agenda of	5024
meetings to all subscribers on a mailing list or mailing notices	5025
in self-addressed, stamped envelopes provided by the person.	5026

(G) Except as provided in division (J) of this section, the	5027
members of a public body may hold an executive session only after	5028
a majority of a quorum of the public body determines, by a roll	5029
call vote, to hold an executive session and only at a regular or	5030
special meeting for the sole purpose of the consideration of any	5031
of the following matters:	5032

(1) To consider the appointment, employment, dismissal,	5033
discipline, promotion, demotion, or compensation of a public	5034
employee or official, or the investigation of charges or	5035
complaints against a public employee, official, licensee, or	5036
regulated individual, unless the public employee, official,	5037
licensee, or regulated individual requests a public hearing.	5038
Except as otherwise provided by law, no public body shall hold an	5039
executive session for the discipline of an elected official for	5040
conduct related to the performance of the elected official's	5041
official duties or for the elected official's removal from office.	5042
If a public body holds an executive session pursuant to division	5043
(G)(1) of this section, the motion and vote to hold that executive	5044
session shall state which one or more of the approved purposes	5045
listed in division (G)(1) of this section are the purposes for	5046
which the executive session is to be held, but need not include	5047
the name of any person to be considered at the meeting.	5048

(2) To consider the purchase of property for public purposes,	5049
or for the sale of property at competitive bidding, if premature	5050
disclosure of information would give an unfair competitive or	5051
bargaining advantage to a person whose personal, private interest	5052
is adverse to the general public interest. No member of a public	5053
body shall use division (G)(2) of this section as a subterfuge for	5054
providing covert information to prospective buyers or sellers. A	5055
purchase or sale of public property is void if the seller or buyer	5056
of the public property has received covert information from a	5057
member of a public body that has not been disclosed to the general	5058
public in sufficient time for other prospective buyers and sellers	5059
to prepare and submit offers.	5060

If the minutes of the public body show that all meetings and	5061
deliberations of the public body have been conducted in compliance	5062
with this section, any instrument executed by the public body	5063
purporting to convey, lease, or otherwise dispose of any right,	5064
title, or interest in any public property shall be conclusively	5065
presumed to have been executed in compliance with this section	5066
insofar as title or other interest of any bona fide purchasers,	5067
lessees, or transferees of the property is concerned.	5068

(3) Conferences with an attorney for the public body	5069
concerning disputes involving the public body that are the subject	5070
of pending or imminent court action;	5071

(4) Preparing for, conducting, or reviewing negotiations or	5072
bargaining sessions with public employees concerning their	5073
compensation or other terms and conditions of their employment;	5074

(5) Matters required to be kept confidential by federal law	5075
or regulations or state statutes;	5076

(6) Details relative to the security arrangements and	5077
emergency response protocols for a public body or a public office,	5078
if disclosure of the matters discussed could reasonably be	5079
expected to jeopardize the security of the public body or public	5080
office;	5081

(7) In the case of a county hospital operated pursuant to	5082
Chapter 339. of the Revised Code, a joint township hospital	5083
operated pursuant to Chapter 513. of the Revised Code, or a	5084
municipal hospital operated pursuant to Chapter 749. of the	5085
Revised Code, to consider trade secrets, as defined in section	5086
1333.61 of the Revised Code.	5087

If a public body holds an executive session to consider any	5088
of the matters listed in divisions (G)(2) to (7) of this section,	5089
the motion and vote to hold that executive session shall state	5090
which one or more of the approved matters listed in those	5091
divisions are to be considered at the executive session.	5092

A public body specified in division (B)(1)(c) of this section	5093
shall not hold an executive session when meeting for the purposes	5094
specified in that division.	5095

(H) A resolution, rule, or formal action of any kind is	5096
invalid unless adopted in an open meeting of the public body. A	5097
resolution, rule, or formal action adopted in an open meeting that	5098
results from deliberations in a meeting not open to the public is	5099
invalid unless the deliberations were for a purpose specifically	5100
authorized in division (G) or (J) of this section and conducted at	5101
an executive session held in compliance with this section. A	5102
resolution, rule, or formal action adopted in an open meeting is	5103
invalid if the public body that adopted the resolution, rule, or	5104
formal action violated division (F) of this section.	5105

(I)(1) Any person may bring an action to enforce this	5106
section. An action under division (I)(1) of this section shall be	5107
brought within two years after the date of the alleged violation	5108
or threatened violation. Upon proof of a violation or threatened	5109
violation of this section in an action brought by any person, the	5110
court of common pleas shall issue an injunction to compel the	5111
members of the public body to comply with its provisions.	5112

(2)(a) If the court of common pleas issues an injunction	5113
pursuant to division (I)(1) of this section, the court shall order	5114
the public body that it enjoins to pay a civil forfeiture of five	5115
hundred dollars to the party that sought the injunction and shall	5116
award to that party all court costs and, subject to reduction as	5117
described in division (I)(2) of this section, reasonable	5118
attorney's fees. The court, in its discretion, may reduce an award	5119
of attorney's fees to the party that sought the injunction or not	5120
award attorney's fees to that party if the court determines both	5121
of the following:	5122

(i) That, based on the ordinary application of statutory law	5123
and case law as it existed at the time of violation or threatened	5124
violation that was the basis of the injunction, a well-informed	5125
public body reasonably would believe that the public body was not	5126
violating or threatening to violate this section;	5127

(ii) That a well-informed public body reasonably would	5128
believe that the conduct or threatened conduct that was the basis	5129
of the injunction would serve the public policy that underlies the	5130
authority that is asserted as permitting that conduct or	5131
threatened conduct.	5132

(b) If the court of common pleas does not issue an injunction	5133
pursuant to division (I)(1) of this section and the court	5134
determines at that time that the bringing of the action was	5135
frivolous conduct, as defined in division (A) of section 2323.51	5136
of the Revised Code, the court shall award to the public body all	5137
court costs and reasonable attorney's fees, as determined by the	5138
court.	5139

(3) Irreparable harm and prejudice to the party that sought	5140
the injunction shall be conclusively and irrebuttably presumed	5141
upon proof of a violation or threatened violation of this section.	5142

(4) A member of a public body who knowingly violates an	5143
injunction issued pursuant to division (I)(1) of this section may	5144
be removed from office by an action brought in the court of common	5145
pleas for that purpose by the prosecuting attorney or the attorney	5146
general.	5147

(J)(1) Pursuant to division (C) of section 5901.09 of the	5148
Revised Code, a veterans service commission shall hold an	5149
executive session for one or more of the following purposes unless	5150
an applicant requests a public hearing:	5151

(a) Interviewing an applicant for financial assistance under	5152
sections 5901.01 to 5901.15 of the Revised Code;	5153

(b) Discussing applications, statements, and other documents	5154
described in division (B) of section 5901.09 of the Revised Code;	5155

(c) Reviewing matters relating to an applicant's request for	5156
financial assistance under sections 5901.01 to 5901.15 of the	5157
Revised Code.	5158

(2) A veterans service commission shall not exclude an	5159
applicant for, recipient of, or former recipient of financial	5160
assistance under sections 5901.01 to 5901.15 of the Revised Code,	5161
and shall not exclude representatives selected by the applicant,	5162
recipient, or former recipient, from a meeting that the commission	5163
conducts as an executive session that pertains to the applicant's,	5164
recipient's, or former recipient's application for financial	5165
assistance.	5166

(3) A veterans service commission shall vote on the grant or	5167
denial of financial assistance under sections 5901.01 to 5901.15	5168
of the Revised Code only in an open meeting of the commission. The	5169
minutes of the meeting shall indicate the name, address, and	5170
occupation of the applicant, whether the assistance was granted or	5171
denied, the amount of the assistance if assistance is granted, and	5172
the votes for and against the granting of assistance.	5173

Sec. 121.35. (A) Subject to division (B) of this section,	5174
the following state agencies shall collaborate to revise and make	5175
more uniform the eligibility standards and eligibility	5176
determination procedures of programs the state agencies	5177
administer:	5178

(1) The department of aging;

5179

(2) ~~The department of alcohol and drug addiction services;~~

5180

~~(3)~~ The ~~department of~~ development services agency;

5181

~~(4)~~(3) The department of developmental disabilities;

5182

~~(5)~~(4) The department of education;

5183

~~(6)~~(5) The department of health;

5184

~~(7)~~(6) The department of job and family services;

5185

~~(8)~~(7) The department of medicaid;

5186

(8) The department of ~~mental health~~mental health and	5187
addiction services;	5188

(9) The rehabilitation services commission.

5189

(B) In revising eligibility standards and eligibility	5190
determination procedures, a state agency shall not make any	5191
program's eligibility standards or eligibility determination	5192
procedures inconsistent with state or federal law. To the extent	5193
authorized by state and federal law, the revisions may provide for	5194
the state agencies to share administrative operations.	5195

Sec. 121.37. (A)(1) There is hereby created the Ohio family	5196
and children first cabinet council. The council shall be composed	5197
of the superintendent of public instruction, the administrator of	5198
the rehabilitation services commission, the medicaid director, and	5199
the directors of youth services, job and family services, ~~mental~~	5200
~~health~~mental health and addiction services, health, ~~alcohol and~~	5201
~~drug addiction services,~~ developmental disabilities, aging,	5202
rehabilitation and correction, and budget and management. The	5203
chairperson of the council shall be the governor or the governor's	5204
designee and shall establish procedures for the council's internal	5205
control and management.	5206

The purpose of the cabinet council is to help families	5207
seeking government services. This section shall not be interpreted	5208
or applied to usurp the role of parents, but solely to streamline	5209
and coordinate existing government services for families seeking	5210
assistance for their children.	5211

(2) In seeking to fulfill its purpose, the council may do any	5212
of the following:	5213

(a) Advise and make recommendations to the governor and	5214
general assembly regarding the provision of services to children;	5215

(b) Advise and assess local governments on the coordination	5216
of service delivery to children;	5217

(c) Hold meetings at such times and places as may be	5218
prescribed by the council's procedures and maintain records of the	5219
meetings, except that records identifying individual children are	5220
confidential and shall be disclosed only as provided by law;	5221

(d) Develop programs and projects, including pilot projects,	5222
to encourage coordinated efforts at the state and local level to	5223
improve the state's social service delivery system;	5224

(e) Enter into contracts with and administer grants to county	5225
family and children first councils, as well as other county or	5226
multicounty organizations to plan and coordinate service delivery	5227
between state agencies and local service providers for families	5228
and children;	5229

(f) Enter into contracts with and apply for grants from	5230
federal agencies or private organizations;	5231

(g) Enter into interagency agreements to encourage	5232
coordinated efforts at the state and local level to improve the	5233
state's social service delivery system. The agreements may include	5234
provisions regarding the receipt, transfer, and expenditure of	5235
funds;	5236

(h) Identify public and private funding sources for services	5237
provided to alleged or adjudicated unruly children and children	5238
who are at risk of being alleged or adjudicated unruly children,	5239
including regulations governing access to and use of the services;	5240

(i) Collect information provided by local communities	5241
regarding successful programs for prevention, intervention, and	5242
treatment of unruly behavior, including evaluations of the	5243
programs;	5244

(j) Identify and disseminate publications regarding alleged	5245
or adjudicated unruly children and children who are at risk of	5246
being alleged or adjudicated unruly children and regarding	5247
programs serving those types of children;	5248

(k) Maintain an inventory of strategic planning facilitators	5249
for use by government or nonprofit entities that serve alleged or	5250
adjudicated unruly children or children who are at risk of being	5251
alleged or adjudicated unruly children.	5252

(3) The cabinet council shall provide for the following:

5253

(a) Reviews of service and treatment plans for children for	5254
which such reviews are requested;	5255

(b) Assistance as the council determines to be necessary to	5256
meet the needs of children referred by county family and children	5257
first councils;	5258

(c) Monitoring and supervision of a statewide, comprehensive,	5259
coordinated, multi-disciplinary, interagency system for infants	5260
and toddlers with developmental disabilities or delays and their	5261
families, as established pursuant to federal grants received and	5262
administered by the department of health for early intervention	5263
services under the "Individuals with Disabilities Education Act of	5264
2004," 118 Stat. 2744, 20 U.S.C.A. 1400, as amended.	5265

(4) The cabinet council shall develop and implement the	5266
following:	5267

(a) An interagency process to select the indicators that will	5268
be used to measure progress toward increasing child well-being in	5269
the state and to update the indicators on an annual basis. The	5270
indicators shall focus on expectant parents and newborns thriving;	5271
infants and toddlers thriving; children being ready for school;	5272
children and youth succeeding in school; youth choosing healthy	5273
behaviors; and youth successfully transitioning into adulthood.	5274

(b) An interagency system to offer guidance and monitor	5275
progress toward increasing child well-being in the state and in	5276
each county;	5277

(c) An annual plan that identifies state-level agency efforts	5278
taken to ensure progress towards increasing child well-being in	5279
the state.	5280

On an annual basis, the cabinet council shall submit to the	5281
governor and the general assembly a report on the status of	5282
efforts to increase child well-being in the state. This report	5283
shall be made available to any other person on request.	5284

(B)(1) Each board of county commissioners shall establish a	5285
county family and children first council. The board may invite any	5286
local public or private agency or group that funds, advocates, or	5287
provides services to children and families to have a	5288
representative become a permanent or temporary member of its	5289
county council. Each county council must include the following	5290
individuals:	5291

(a) At least three individuals who are not employed by an	5292
agency represented on the council and whose families are or have	5293
received services from an agency represented on the council or	5294
another county's council. Where possible, the number of members	5295
representing families shall be equal to twenty per cent of the	5296
council's membership.	5297

(b) The director of the board of alcohol, drug addiction, and	5298
mental health services that serves the county, or, in the case of	5299
a county that has a board of alcohol and drug addiction services	5300
and a community mental health board, the directors of both boards.	5301
If a board of alcohol, drug addiction, and mental health services	5302
covers more than one county, the director may designate a person	5303
to participate on the county's council.	5304

(c) The health commissioner, or the commissioner's designee,	5305
of the board of health of each city and general health district in	5306
the county. If the county has two or more health districts, the	5307
health commissioner membership may be limited to the commissioners	5308
of the two districts with the largest populations.	5309

(d) The director of the county department of job and family	5310
services;	5311

(e) The executive director of the public children services	5312
agency;	5313

(f) The superintendent of the county board of developmental	5314
disabilities or, if the superintendent serves as superintendent of	5315
more than one county board of developmental disabilities, the	5316
superintendent's designee;	5317

(g) The superintendent of the city, exempted village, or	5318
local school district with the largest number of pupils residing	5319
in the county, as determined by the department of education, which	5320
shall notify each board of county commissioners of its	5321
determination at least biennially;	5322

(h) A school superintendent representing all other school	5323
districts with territory in the county, as designated at a	5324
biennial meeting of the superintendents of those districts;	5325

(i) A representative of the municipal corporation with the	5326
largest population in the county;	5327

(j) The president of the board of county commissioners or an	5328
individual designated by the board;	5329

(k) A representative of the regional office of the department	5330
of youth services;	5331

(l) A representative of the county's head start agencies, as	5332
defined in section 3301.32 of the Revised Code;	5333

(m) A representative of the county's early intervention	5334
collaborative established pursuant to the federal early	5335
intervention program operated under the "Individuals with	5336
Disabilities Education Act of 2004";	5337

(n) A representative of a local nonprofit entity that funds,	5338
advocates, or provides services to children and families.	5339

Notwithstanding any other provision of law, the public	5340
members of a county council are not prohibited from serving on the	5341
council and making decisions regarding the duties of the council,	5342
including those involving the funding of joint projects and those	5343
outlined in the county's service coordination mechanism	5344
implemented pursuant to division (C) of this section.	5345

The cabinet council shall establish a state appeals process	5346
to resolve disputes among the members of a county council	5347
concerning whether reasonable responsibilities as members are	5348
being shared. The appeals process may be accessed only by a	5349
majority vote of the council members who are required to serve on	5350
the council. Upon appeal, the cabinet council may order that state	5351
funds for services to children and families be redirected to a	5352
county's board of county commissioners.	5353

The county's juvenile court judge senior in service or	5354
another judge of the juvenile court designated by the	5355
administrative judge or, where there is no administrative judge,	5356
by the judge senior in service shall serve as the judicial advisor	5357
to the county family and children first council. The judge may	5358
advise the county council on the court's utilization of resources,	5359
services, or programs provided by the entities represented by the	5360
members of the county council and how those resources, services,	5361
or programs assist the court in its administration of justice.	5362
Service of a judge as a judicial advisor pursuant to this section	5363
is a judicial function.	5364

(2) The purpose of the county council is to streamline and	5365
coordinate existing government services for families seeking	5366
services for their children. In seeking to fulfill its purpose, a	5367
county council shall provide for the following:	5368

(a) Referrals to the cabinet council of those children for	5369
whom the county council cannot provide adequate services;	5370

(b) Development and implementation of a process that annually	5371
evaluates and prioritizes services, fills service gaps where	5372
possible, and invents new approaches to achieve better results for	5373
families and children;	5374

(c) Participation in the development of a countywide,	5375
comprehensive, coordinated, multi-disciplinary, interagency system	5376
for infants and toddlers with developmental disabilities or delays	5377
and their families, as established pursuant to federal grants	5378
received and administered by the department of health for early	5379
intervention services under the "Individuals with Disabilities	5380
Education Act of 2004";	5381

(d) Maintenance of an accountability system to monitor the	5382
county council's progress in achieving results for families and	5383
children;	5384

(e) Establishment of a mechanism to ensure ongoing input from	5385
a broad representation of families who are receiving services	5386
within the county system.	5387

(3) A county council shall develop and implement the	5388
following:	5389

(a) An interagency process to establish local indicators and	5390
monitor the county's progress toward increasing child well-being	5391
in the county;	5392

(b) An interagency process to identify local priorities to	5393
increase child well-being. The local priorities shall focus on	5394
expectant parents and newborns thriving; infants and toddlers	5395
thriving; children being ready for school; children and youth	5396
succeeding in school; youth choosing healthy behaviors; and youth	5397
successfully transitioning into adulthood and take into account	5398
the indicators established by the cabinet council under division	5399
(A)(4)(a) of this section.	5400

(c) An annual plan that identifies the county's interagency	5401
efforts to increase child well-being in the county.	5402

On an annual basis, the county council shall submit a report	5403
on the status of efforts by the county to increase child	5404
well-being in the county to the county's board of county	5405
commissioners and the cabinet council. This report shall be made	5406
available to any other person on request.	5407

(4)(a) Except as provided in division (B)(4)(b) of this	5408
section, a county council shall comply with the policies,	5409
procedures, and activities prescribed by the rules or interagency	5410
agreements of a state department participating on the cabinet	5411
council whenever the county council performs a function subject to	5412
those rules or agreements.	5413

(b) On application of a county council, the cabinet council	5414
may grant an exemption from any rules or interagency agreements of	5415
a state department participating on the council if an exemption is	5416
necessary for the council to implement an alternative program or	5417
approach for service delivery to families and children. The	5418
application shall describe the proposed program or approach and	5419
specify the rules or interagency agreements from which an	5420
exemption is necessary. The cabinet council shall approve or	5421
disapprove the application in accordance with standards and	5422
procedures it shall adopt. If an application is approved, the	5423
exemption is effective only while the program or approach is being	5424
implemented, including a reasonable period during which the	5425
program or approach is being evaluated for effectiveness.	5426

(5)(a) Each county council shall designate an administrative	5427
agent for the council from among the following public entities:	5428
the board of alcohol, drug addiction, and mental health services,	5429
including a board of alcohol and drug addiction or a community	5430
mental health board if the county is served by separate boards;	5431
the board of county commissioners; any board of health of the	5432
county's city and general health districts; the county department	5433
of job and family services; the county agency responsible for the	5434
administration of children services pursuant to section 5153.15 of	5435
the Revised Code; the county board of developmental disabilities;	5436
any of the county's boards of education or governing boards of	5437
educational service centers; or the county's juvenile court. Any	5438
of the foregoing public entities, other than the board of county	5439
commissioners, may decline to serve as the council's	5440
administrative agent.	5441

A county council's administrative agent shall serve as the	5442
council's appointing authority for any employees of the council.	5443
The council shall file an annual budget with its administrative	5444
agent, with copies filed with the county auditor and with the	5445
board of county commissioners, unless the board is serving as the	5446
council's administrative agent. The council's administrative agent	5447
shall ensure that all expenditures are handled in accordance with	5448
policies, procedures, and activities prescribed by state	5449
departments in rules or interagency agreements that are applicable	5450
to the council's functions.	5451

The administrative agent of a county council shall send	5452
notice of a member's absence if a member listed in division (B)(1)	5453
of this section has been absent from either three consecutive	5454
meetings of the county council or a county council subcommittee,	5455
or from one-quarter of such meetings in a calendar year, whichever	5456
is less. The notice shall be sent to the board of county	5457
commissioners that establishes the county council and, for the	5458
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	5459
section, to the governing board overseeing the respective entity;	5460
for the member listed in division (B)(1)(f) of this section, to	5461
the county board of developmental disabilities that employs the	5462
superintendent; for a member listed in division (B)(1)(g) or (h)	5463
of this section, to the school board that employs the	5464
superintendent; for the member listed in division (B)(1)(i) of	5465
this section, to the mayor of the municipal corporation; for the	5466
member listed in division (B)(1)(k) of this section, to the	5467
director of youth services; and for the member listed in division	5468
(B)(1)(n) of this section, to that member's board of trustees.	5469

The administrative agent for a county council may do any of	5470
the following on behalf of the council:	5471

(i) Enter into agreements or administer contracts with public	5472
or private entities to fulfill specific council business. Such	5473
agreements and contracts are exempt from the competitive bidding	5474
requirements of section 307.86 of the Revised Code if they have	5475
been approved by the county council and they are for the purchase	5476
of family and child welfare or child protection services or other	5477
social or job and family services for families and children. The	5478
approval of the county council is not required to exempt	5479
agreements or contracts entered into under section 5139.34,	5480
5139.41, or 5139.43 of the Revised Code from the competitive	5481
bidding requirements of section 307.86 of the Revised Code.	5482

(ii) As determined by the council, provide financial	5483
stipends, reimbursements, or both, to family representatives for	5484
expenses related to council activity;	5485

(iii) Receive by gift, grant, devise, or bequest any moneys,	5486
lands, or other property for the purposes for which the council is	5487
established. The agent shall hold, apply, and dispose of the	5488
moneys, lands, or other property according to the terms of the	5489
gift, grant, devise, or bequest. Any interest or earnings shall be	5490
treated in the same manner and are subject to the same terms as	5491
the gift, grant, devise, or bequest from which it accrues.	5492

(b)(i) If the county council designates the board of county	5493
commissioners as its administrative agent, the board may, by	5494
resolution, delegate any of its powers and duties as	5495
administrative agent to an executive committee the board	5496
establishes from the membership of the county council. The board	5497
shall name to the executive committee at least the individuals	5498
described in divisions (B)(1)(b) to (h) of this section and may	5499
appoint the president of the board or another individual as the	5500
chair of the executive committee. The executive committee must	5501
include at least one family county council representative who does	5502
not have a family member employed by an agency represented on the	5503
council.	5504

(ii) The executive committee may, with the approval of the	5505
board, hire an executive director to assist the county council in	5506
administering its powers and duties. The executive director shall	5507
serve in the unclassified civil service at the pleasure of the	5508
executive committee. The executive director may, with the approval	5509
of the executive committee, hire other employees as necessary to	5510
properly conduct the county council's business.	5511

(iii) The board may require the executive committee to submit	5512
an annual budget to the board for approval and may amend or repeal	5513
the resolution that delegated to the executive committee its	5514
authority as the county council's administrative agent.	5515

(6) Two or more county councils may enter into an agreement	5516
to administer their county councils jointly by creating a regional	5517
family and children first council. A regional council possesses	5518
the same duties and authority possessed by a county council,	5519
except that the duties and authority apply regionally rather than	5520
to individual counties. Prior to entering into an agreement to	5521
create a regional council, the members of each county council to	5522
be part of the regional council shall meet to determine whether	5523
all or part of the members of each county council will serve as	5524
members of the regional council.	5525

(7) A board of county commissioners may approve a resolution	5526
by a majority vote of the board's members that requires the county	5527
council to submit a statement to the board each time the council	5528
proposes to enter into an agreement, adopt a plan, or make a	5529
decision, other than a decision pursuant to section 121.38 of the	5530
Revised Code, that requires the expenditure of funds for two or	5531
more families. The statement shall describe the proposed	5532
agreement, plan, or decision.	5533

Not later than fifteen days after the board receives the	5534
statement, it shall, by resolution approved by a majority of its	5535
members, approve or disapprove the agreement, plan, or decision.	5536
Failure of the board to pass a resolution during that time period	5537
shall be considered approval of the agreement, plan, or decision.	5538

An agreement, plan, or decision for which a statement is	5539
required to be submitted to the board shall be implemented only if	5540
it is approved by the board.	5541

(C) Each county shall develop a county service coordination	5542
mechanism. The county service coordination mechanism shall serve	5543
as the guiding document for coordination of services in the	5544
county. For children who also receive services under the help me	5545
grow program, the service coordination mechanism shall be	5546
consistent with rules adopted by the department of health under	5547
section 3701.61 of the Revised Code. All family service	5548
coordination plans shall be developed in accordance with the	5549
county service coordination mechanism. The mechanism shall be	5550
developed and approved with the participation of the county	5551
entities representing child welfare; mental retardation and	5552
developmental disabilities; alcohol, drug addiction, and mental	5553
health services; health; juvenile judges; education; the county	5554
family and children first council; and the county early	5555
intervention collaborative established pursuant to the federal	5556
early intervention program operated under the "Individuals with	5557
Disabilities Education Act of 2004." The county shall establish an	5558
implementation schedule for the mechanism. The cabinet council may	5559
monitor the implementation and administration of each county's	5560
service coordination mechanism.	5561

Each mechanism shall include all of the following:

5562

(1) A procedure for an agency, including a juvenile court, or	5563
a family voluntarily seeking service coordination, to refer the	5564
child and family to the county council for service coordination in	5565
accordance with the mechanism;	5566

(2) A procedure ensuring that a family and all appropriate	5567
staff from involved agencies, including a representative from the	5568
appropriate school district, are notified of and invited to	5569
participate in all family service coordination plan meetings;	5570

(3) A procedure that permits a family to initiate a meeting	5571
to develop or review the family's service coordination plan and	5572
allows the family to invite a family advocate, mentor, or support	5573
person of the family's choice to participate in any such meeting;	5574

(4) A procedure for ensuring that a family service	5575
coordination plan meeting is conducted for each child who receives	5576
service coordination under the mechanism and for whom an emergency	5577
out-of-home placement has been made or for whom a nonemergency	5578
out-of-home placement is being considered. The meeting shall be	5579
conducted within ten days of an emergency out-of-home placement.	5580
The meeting shall be conducted before a nonemergency out-of-home	5581
placement. The family service coordination plan shall outline how	5582
the county council members will jointly pay for services, where	5583
applicable, and provide services in the least restrictive	5584
environment.	5585

(5) A procedure for monitoring the progress and tracking the	5586
outcomes of each service coordination plan requested in the county	5587
including monitoring and tracking children in out-of-home	5588
placements to assure continued progress, appropriateness of	5589
placement, and continuity of care after discharge from placement	5590
with appropriate arrangements for housing, treatment, and	5591
education.;	5592

(6) A procedure for protecting the confidentiality of all	5593
personal family information disclosed during service coordination	5594
meetings or contained in the comprehensive family service	5595
coordination plan.	5596

(7) A procedure for assessing the needs and strengths of any	5597
child or family that has been referred to the council for service	5598
coordination, including a child whose parent or custodian is	5599
voluntarily seeking services, and for ensuring that parents and	5600
custodians are afforded the opportunity to participate;	5601

(8) A procedure for development of a family service	5602
coordination plan described in division (D) of this section;	5603

(9) A local dispute resolution process to serve as the	5604
process that must be used first to resolve disputes among the	5605
agencies represented on the county council concerning the	5606
provision of services to children, including children who are	5607
abused, neglected, dependent, unruly, alleged unruly, or	5608
delinquent children and under the jurisdiction of the juvenile	5609
court and children whose parents or custodians are voluntarily	5610
seeking services. The local dispute resolution process shall	5611
comply with sections 121.38, 121.381, and 121.382 of the Revised	5612
Code. The local dispute resolution process shall be used to	5613
resolve disputes between a child's parents or custodians and the	5614
county council regarding service coordination. The county council	5615
shall inform the parents or custodians of their right to use the	5616
dispute resolution process. Parents or custodians shall use	5617
existing local agency grievance procedures to address disputes not	5618
involving service coordination. The dispute resolution process is	5619
in addition to and does not replace other rights or procedures	5620
that parents or custodians may have under other sections of the	5621
Revised Code.	5622

The cabinet council shall adopt rules in accordance with	5623
Chapter 119. of the Revised Code establishing an administrative	5624
review process to address problems that arise concerning the	5625
operation of a local dispute resolution process.	5626

Nothing in division (C)(4) of this section shall be	5627
interpreted as overriding or affecting decisions of a juvenile	5628
court regarding an out-of-home placement, long-term placement, or	5629
emergency out-of-home placement.	5630

(D) Each county shall develop a family service coordination	5631
plan that does all of the following:	5632

(1) Designates service responsibilities among the various	5633
state and local agencies that provide services to children and	5634
their families, including children who are abused, neglected,	5635
dependent, unruly, or delinquent children and under the	5636
jurisdiction of the juvenile court and children whose parents or	5637
custodians are voluntarily seeking services;	5638

(2) Designates an individual, approved by the family, to	5639
track the progress of the family service coordination plan,	5640
schedule reviews as necessary, and facilitate the family service	5641
coordination plan meeting process;	5642

(3) Ensures that assistance and services to be provided are	5643
responsive to the strengths and needs of the family, as well as	5644
the family's culture, race, and ethnic group, by allowing the	5645
family to offer information and suggestions and participate in	5646
decisions. Identified assistance and services shall be provided in	5647
the least restrictive environment possible.	5648

(4) Includes a process for dealing with a child who is	5649
alleged to be an unruly child. The process shall include methods	5650
to divert the child from the juvenile court system;	5651

(5) Includes timelines for completion of goals specified in	5652
the plan with regular reviews scheduled to monitor progress toward	5653
those goals;	5654

(6) Includes a plan for dealing with short-term crisis	5655
situations and safety concerns.	5656

(E)(1) The process provided for under division (D)(4) of this	5657
section may include, but is not limited to, the following:	5658

(a) Designation of the person or agency to conduct the	5659
assessment of the child and the child's family as described in	5660
division (C)(7) of this section and designation of the instrument	5661
or instruments to be used to conduct the assessment;	5662

(b) An emphasis on the personal responsibilities of the child	5663
and the parental responsibilities of the parents, guardian, or	5664
custodian of the child;	5665

(c) Involvement of local law enforcement agencies and	5666
officials.	5667

(2) The method to divert a child from the juvenile court	5668
system that must be included in the service coordination process	5669
may include, but is not limited to, the following:	5670

(a) The preparation of a complaint under section 2151.27 of	5671
the Revised Code alleging that the child is an unruly child and	5672
notifying the child and the parents, guardian, or custodian that	5673
the complaint has been prepared to encourage the child and the	5674
parents, guardian, or custodian to comply with other methods to	5675
divert the child from the juvenile court system;	5676

(b) Conducting a meeting with the child, the parents,	5677
guardian, or custodian, and other interested parties to determine	5678
the appropriate methods to divert the child from the juvenile	5679
court system;	5680

(c) A method to provide to the child and the child's family a	5681
short-term respite from a short-term crisis situation involving a	5682
confrontation between the child and the parents, guardian, or	5683
custodian;	5684

(d) A program to provide a mentor to the child or the	5685
parents, guardian, or custodian;	5686

(e) A program to provide parenting education to the parents,	5687
guardian, or custodian;	5688

(f) An alternative school program for children who are truant	5689
from school, repeatedly disruptive in school, or suspended or	5690
expelled from school;	5691

(g) Other appropriate measures, including, but not limited	5692
to, any alternative methods to divert a child from the juvenile	5693
court system that are identified by the Ohio family and children	5694
first cabinet council.	5695

(F) Each county may review and revise the service	5696
coordination process described in division (D) of this section	5697
based on the availability of funds under Title IV-A of the "Social	5698
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	5699
or to the extent resources are available from any other federal,	5700
state, or local funds.	5701

Sec. 121.372. (A) As used in this section, "substitute care	5702
provider" means any of the following:	5703

(1) ~~An alcohol and drug~~A community addiction ~~program~~	5704
services provider subject to certification under section ~~3793.06~~	5705
5119.36 of the Revised Code;	5706

(2) An institution or association subject to certification	5707
under section 5103.03 of the Revised Code;	5708

(3) A residential facility subject to licensure under section	5709
~~5119.22~~5119.34 of the Revised Code;	5710

(4) A residential facility subject to licensure under section	5711
5123.19 of the Revised Code.	5712

(B) Not later than ninety days after ~~the effective date of~~	5713
~~this section~~March 18, 1999, the members of the Ohio family and	5714
children first cabinet council, other than the director of budget	5715
and management, shall enter into an agreement to establish an	5716
office to perform the duties prescribed by division (C) of this	5717
section. The agreement shall specify one of the departments	5718
represented on the council as the department responsible for	5719
housing and supervising the office. The agreement shall include	5720
the recommendation of the council for funding the office.	5721

(C) The office established pursuant to the agreement entered	5722
into under this section shall review rules governing the	5723
certification and licensure of substitute care providers and	5724
determine which of the rules can be made substantively identical	5725
or more similar in order to minimize the number of differing	5726
certification and licensure standards and simplify the	5727
certification or licensure process for substitute care providers	5728
seeking certification or licensure from two or more of the	5729
departments represented on the council. The office shall provide	5730
county family and children first councils, substitute care	5731
providers, and persons interested in substitute care providers the	5732
opportunity to help the office with the review and determination.	5733
The office shall report its findings to the council. Each of the	5734
departments represented on the council that has adopted rules	5735
governing the certification or licensure of substitute care	5736
providers shall review the report and amend the rules as that	5737
department considers appropriate, except that no rule shall be	5738
amended so as to make it inconsistent with substitute care	5739
provider certification or licensure procedures and standards	5740
established by federal or state law. A department shall give	5741
priority to amendments that will not increase the department's	5742
administrative costs. In amending a rule, a department shall	5743
comply with Chapter 119. or section 111.15 of the Revised Code, as	5744
required by the Revised Code section governing the adoption of the	5745
particular rule.	5746

(D) In accordance with section 124.27 of the Revised Code,	5747
the council shall select a coordinator to oversee the office	5748
established pursuant to the agreement entered into under this	5749
section. The coordinator shall be in the classified service. In	5750
addition to overseeing the office, the coordinator shall perform	5751
any other duties the council assigns to the coordinator. The	5752
duties the council assigns to the coordinator shall be related to	5753
the duties of the office under division (C) of this section.	5754

Sec. 121.483. A deputy inspector general appointed under	5755
section 121.48 of the Revised Code, who has been awarded a	5756
certificate by the executive director of the Ohio peace officer	5757
training commission attesting to the person's satisfactory	5758
completion of an approved state, county, or municipal peace	5759
officer basic training program, shall have the power and authority	5760
of a peace officer under the laws of this state while engaged in	5761
the scope of the deputy inspector general's duties.	5762

Sec. 122.075. (A) As used in this section:

5763

(1) "Alternative fuel" has the same meaning as in section	5764
125.831 of the Revised Code.	5765

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	5766
fuel that is derived from vegetable oils or animal fats, or any	5767
combination of those reagents, and that meets American society for	5768
testing and materials specification D6751-03a for biodiesel fuel	5769
(B100) blend stock distillate fuels.	5770

(3) "Diesel fuel" and "gasoline" have the same meanings as in	5771
section 5735.01 of the Revised Code.	5772

(4) "Ethanol" has the same meaning as in section 5733.46 of	5773
the Revised Code.	5774

(5) "Blended biodiesel" means diesel fuel containing at least	5775
twenty per cent biodiesel by volume.	5776

(6) "Blended gasoline" means gasoline containing at least	5777
eighty-five per cent ethanol by volume.	5778

(7) "Incremental cost" means either of the following:

5779

(a) The difference in cost between blended gasoline and	5780
gasoline containing ten per cent or less ethanol at the time that	5781
the blended gasoline is purchased;	5782

(b) The difference in cost between blended biodiesel and	5783
diesel fuel containing two per cent or less biodiesel at the time	5784
that the blended biodiesel is purchased.	5785

(B) For the purpose of improving the air quality in this	5786
state, the director of development services shall establish an	5787
alternative fuel transportation program under which the director	5788
may make grants and loans to businesses, nonprofit organizations,	5789
public school systems, or local governments for the purchase and	5790
installation of alternative fuel refueling or distribution	5791
facilities and terminals, for the purchase and use of alternative	5792
fuel, to pay the cost of fleet conversion, and to pay the costs of	5793
educational and promotional materials and activities intended for	5794
prospective alternative fuel consumers, fuel marketers, and others	5795
in order to increase the availability and use of alternative fuel.	5796

(C) The director, in consultation with the director of	5797
agriculture, shall adopt rules in accordance with Chapter 119. of	5798
the Revised Code that are necessary for the administration of the	5799
alternative fuel transportation program. The rules shall establish	5800
at least all of the following:	5801

(1) An application form and procedures governing the	5802
application process for receiving funds under the program;	5803

(2) A procedure for prioritizing the award of grants and	5804
loans under the program. The procedures shall give preference to	5805
all of the following:	5806

(a) Publicly accessible refueling facilities;

5807

(b) Entities applying to the program that have secured	5808
funding from other sources, including, but not limited to, private	5809
or federal incentives;	5810

(c) Entities that have presented compelling evidence of	5811
demand in the market in which the facilities or terminals will be	5812
located;	5813

(d) Entities that have committed to utilizing purchased or	5814
installed facilities or terminals for the greatest number of	5815
years;	5816

(e) Entities that will be purchasing or installing facilities	5817
or terminals for any type of alternative fuel.	5818

(3) A requirement that the maximum incentive for the purchase	5819
and installation of an alternative fuel refueling or distribution	5820
facility or terminal be eighty per cent of the cost of the	5821
facility or terminal, except that at least twenty per cent of the	5822
total ~~net~~ cost of the facility or terminal shall be incurred by	5823
the recipient and not compensated for by any other source;	5824

(4) A requirement that the maximum incentive for the purchase	5825
of alternative fuel be eighty per cent of the cost of the fuel or,	5826
in the case of blended biodiesel or blended gasoline, eighty per	5827
cent of the incremental cost of the blended biodiesel or blended	5828
gasoline;	5829

(5) Any other criteria, procedures, or guidelines that the	5830
director determines are necessary to administer the program,	5831
including fees, charges, interest rates, and payment schedules.	5832

(D) An applicant for a grant or loan under this section that	5833
sells motor vehicle fuel at retail shall agree that if the	5834
applicant receives funding, the applicant will report to the	5835
director the gallon or gallon equivalent amounts of alternative	5836
fuel the applicant sells at retail in this state for a period of	5837
three years after the project is completed.	5838

The director shall enter into a written confidentiality	5839
agreement with the applicant regarding the gallon or gallon	5840
equivalent amounts sold as described in this division, and upon	5841
execution of the agreement this information is not a public	5842
record.	5843

(E) There is hereby created in the state treasury the	5844
alternative fuel transportation fund. The fund shall consist of	5845
money transferred to the fund under division ~~(C)~~(B) of section	5846
125.836 and under division (B)(2) of section 3706.27 of the	5847
Revised Code, money that is appropriated to it by the general	5848
assembly, ~~and~~ money as may be specified by the general assembly	5849
from the advanced energy fund created by section 4928.61 of the	5850
Revised Code, and all money received from the repayment of loans	5851
made from the fund or in the event of a default on any such loan.	5852
Money in the fund shall be used to make grants and loans under the	5853
alternative fuel transportation program and by the director in the	5854
administration of that program.	5855

Sec. 122.083. (A) The director of development shall	5856
administer a shovel ready sites program to provide grants for	5857
projects to port authorities and development entities approved by	5858
the director. Grants may be used to pay the costs of any or all of	5859
the following:	5860

(1) Acquisition of property, including options;

5861

(2) Preparation of sites, including brownfield clean-up	5862
activities;	5863

(3) Construction of road, water, telecommunication, and	5864
utility infrastructure;	5865

(4) Payment of professional fees the amount of which shall	5866
not exceed twenty per cent of the grant amount for a project.	5867

(B) The director shall adopt rules in accordance with Chapter	5868
119. of the Revised Code that establish procedures and	5869
requirements necessary for the administration of the program,	5870
including a requirement that a recipient of a grant enter into an	5871
agreement with the director governing the use of the grant.	5872

~~(C) There is hereby created in the state treasury the shovel~~	5873
~~ready sites fund consisting of money appropriated to it. Money in~~	5874
~~the fund shall be used solely for the purposes of this section.~~	5875

Sec. 122.17. (A) As used in this section:

5876

(1) "Income tax revenue" means the total amount withheld	5877
under section 5747.06 of the Revised Code by the taxpayer during	5878
the taxable year, or during the calendar year that includes the	5879
tax period, from the compensation of each employee or each	5880
home-based employee employed in the project to the extent the	5881
employee's withholdings are not used to determine the credit under	5882
section 122.171 of the Revised Code. "Income tax revenue" excludes	5883
amounts withheld before the day the taxpayer becomes eligible for	5884
the credit.	5885

(2) "Baseline income tax revenue" means income tax revenue	5886
except that the applicable withholding period is the twelve months	5887
immediately preceding the date the tax credit authority approves	5888
the taxpayer's application or the date the tax credit authority	5889
receives the recommendation described in division (C)(2)(a) of	5890
this section, whichever occurs first, multiplied by the sum of one	5891
plus an annual pay increase factor to be determined by the tax	5892
credit authority. If the taxpayer becomes eligible for the credit	5893
after the first day of the taxpayer's taxable year or after the	5894
first day of the calendar year that includes the tax period, the	5895
taxpayer's baseline income tax revenue for the first such taxable	5896
or calendar year of credit eligibility shall be reduced in	5897
proportion to the number of days during the taxable or calendar	5898
year for which the taxpayer was not eligible for the credit. For	5899
subsequent taxable or calendar years, "baseline income tax	5900
revenue" equals the unreduced baseline income tax revenue for the	5901
preceding taxable or calendar year multiplied by the sum of one	5902
plus the pay increase factor.	5903

(3) "Excess income tax revenue" means income tax revenue	5904
minus baseline income tax revenue.	5905

(4) "Home-based employee" means an employee whose services	5906
are performed primarily from the employee's residence in this	5907
state exclusively for the benefit of the project and whose rate of	5908
pay is at least one hundred thirty-one per cent of the federal	5909
minimum wage under 29 U.S.C. 206.	5910

(B) The tax credit authority may make grants under this	5911
section to foster job creation in this state. Such a grant shall	5912
take the form of a refundable credit allowed against the tax	5913
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, or 5747.02	5914
or levied under Chapter 5751. of the Revised Code. The credit	5915
shall be claimed for the taxable years or tax periods specified in	5916
the taxpayer's agreement with the tax credit authority under	5917
division (D) of this section. With respect to taxes imposed under	5918
section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the	5919
Revised Code, the credit shall be claimed in the order required	5920
under section 5726.98, 5733.98, 5747.98, or 5751.98 of the Revised	5921
Code. The amount of the credit available for a taxable year or for	5922
a calendar year that includes a tax period equals the excess	5923
income tax revenue for that year multiplied by the percentage	5924
specified in the agreement with the tax credit authority. Any	5925
credit granted under this section against the tax imposed by	5926
section 5733.06 or 5747.02 of the Revised Code, to the extent not	5927
fully utilized against such tax for taxable years ending prior to	5928
2008, shall automatically be converted without any action taken by	5929
the tax credit authority to a credit against the tax levied under	5930
Chapter 5751. of the Revised Code for tax periods beginning on or	5931
after July 1, 2008, provided that the person to whom the credit	5932
was granted is subject to such tax. The converted credit shall	5933
apply to those calendar years in which the remaining taxable years	5934
specified in the agreement end.	5935

(C)(1) A taxpayer or potential taxpayer who proposes a	5936
project to create new jobs in this state may apply to the tax	5937
credit authority to enter into an agreement for a tax credit under	5938
this section.	5939

An application shall not propose to include both home-based	5940
employees and employees who are not home-based employees in the	5941
computation of income tax revenue for the purposes of the same tax	5942
credit agreement. If a taxpayer or potential taxpayer employs both	5943
home-based employees and employees who are not home-based	5944
employees in a project, the taxpayer shall submit separate	5945
applications for separate tax credit agreements for the project,	5946
one of which shall include home-based employees in the computation	5947
of income tax revenue and one of which shall include all other	5948
employees in the computation of income tax revenue.	5949

The director of development services shall prescribe the form	5950
of the application. After receipt of an application, the authority	5951
may enter into an agreement with the taxpayer for a credit under	5952
this section if it determines all of the following:	5953

(a) The taxpayer's project will increase payroll and income	5954
tax revenue;	5955

(b) The taxpayer's project is economically sound and will	5956
benefit the people of this state by increasing opportunities for	5957
employment and strengthening the economy of this state;	5958

(c) Receiving the tax credit is a major factor in the	5959
taxpayer's decision to go forward with the project.	5960

(2)(a) A taxpayer that chooses to begin the project prior to	5961
receiving the determination of the authority may, upon submitting	5962
the taxpayer's application to the authority, request that the	5963
chief investment officer of the nonprofit corporation formed under	5964
section 187.01 of the Revised Code and the director review the	5965
taxpayer's application and recommend to the authority that the	5966
taxpayer's application be considered. As soon as possible after	5967
receiving such a request, the chief investment officer and the	5968
director shall review the taxpayer's application and, if they	5969
determine that the application warrants consideration by the	5970
authority, make that recommendation to the authority not later	5971
than six months after the application is received by the	5972
authority.	5973

(b) The authority shall consider any taxpayer's application	5974
for which it receives a recommendation under division (C)(2)(a) of	5975
this section. If the authority determines that the taxpayer does	5976
not meet all of the criteria set forth in division (C)(1) of this	5977
section, the authority and the development services agency shall	5978
proceed in accordance with rules adopted by the director pursuant	5979
to division (I) of this section.	5980

(D) An agreement under this section shall include all of the	5981
following:	5982

(1) A detailed description of the project that is the subject	5983
of the agreement;	5984

(2)(a) The term of the tax credit, which, except as provided	5985
in division (D)(2)(b) of this section, shall not exceed fifteen	5986
years, and the first taxable year, or first calendar year that	5987
includes a tax period, for which the credit may be claimed;	5988

(b) If the tax credit is computed on the basis of home-based	5989
employees, the term of the credit shall expire on or before the	5990
last day of the taxable or calendar year ending before the	5991
beginning of the seventh year after September 6, 2012, the	5992
effective date of H.B. 327 of the 129th general assembly;.	5993

(3) A requirement that the taxpayer shall maintain operations	5994
at the project location for at least the greater of seven years or	5995
the term of the credit plus three years;	5996

(4) The percentage, as determined by the tax credit	5997
authority, of excess income tax revenue that will be allowed as	5998
the amount of the credit for each taxable year or for each	5999
calendar year that includes a tax period;	6000

(5) The pay increase factor to be applied to the taxpayer's	6001
baseline income tax revenue;	6002

(6) A requirement that the taxpayer annually shall report to	6003
the director of development services employment, tax withholding,	6004
investment, the provision of health care benefits and tuition	6005
reimbursement if required in the agreement, and other information	6006
the director needs to perform the director's duties under this	6007
section;	6008

(7) A requirement that the director of development services	6009
annually review the information reported under division (D)(6) of	6010
this section and verify compliance with the agreement; if the	6011
taxpayer is in compliance, a requirement that the director issue a	6012
certificate to the taxpayer stating that the information has been	6013
verified and identifying the amount of the credit that may be	6014
claimed for the taxable or calendar year;	6015

(8) A provision providing that the taxpayer may not relocate	6016
a substantial number of employment positions from elsewhere in	6017
this state to the project location unless the director of	6018
development services determines that the legislative authority of	6019
the county, township, or municipal corporation from which the	6020
employment positions would be relocated has been notified by the	6021
taxpayer of the relocation.	6022

For purposes of this section, the movement of an employment	6023
position from one political subdivision to another political	6024
subdivision shall be considered a relocation of an employment	6025
position unless the employment position in the first political	6026
subdivision is replaced.	6027

(9) If the tax credit is computed on the basis of home-based	6028
employees, that the tax credit may not be claimed by the taxpayer	6029
until the taxable year or tax period in which the taxpayer employs	6030
at least two hundred employees more than the number of employees	6031
the taxpayer employed on June 30, 2011.	6032

(E) If a taxpayer fails to meet or comply with any condition	6033
or requirement set forth in a tax credit agreement, the tax credit	6034
authority may amend the agreement to reduce the percentage or term	6035
of the tax credit. The reduction of the percentage or term may	6036
take effect in the current taxable or calendar year.	6037

(F) Projects that consist solely of point-of-final-purchase	6038
retail facilities are not eligible for a tax credit under this	6039
section. If a project consists of both point-of-final-purchase	6040
retail facilities and nonretail facilities, only the portion of	6041
the project consisting of the nonretail facilities is eligible for	6042
a tax credit and only the excess income tax revenue from the	6043
nonretail facilities shall be considered when computing the amount	6044
of the tax credit. If a warehouse facility is part of a	6045
point-of-final-purchase retail facility and supplies only that	6046
facility, the warehouse facility is not eligible for a tax credit.	6047
Catalog distribution centers are not considered	6048
point-of-final-purchase retail facilities for the purposes of this	6049
division, and are eligible for tax credits under this section.	6050

(G) Financial statements and other information submitted to	6051
the development services agency or the tax credit authority by an	6052
applicant or recipient of a tax credit under this section, and any	6053
information taken for any purpose from such statements or	6054
information, are not public records subject to section 149.43 of	6055
the Revised Code. However, the chairperson of the authority may	6056
make use of the statements and other information for purposes of	6057
issuing public reports or in connection with court proceedings	6058
concerning tax credit agreements under this section. Upon the	6059
request of the tax commissioner or, if the applicant or recipient	6060
is an insurance company, upon the request of the superintendent of	6061
insurance, the chairperson of the authority shall provide to the	6062
commissioner or superintendent any statement or information	6063
submitted by an applicant or recipient of a tax credit in	6064
connection with the credit. The commissioner or superintendent	6065
shall preserve the confidentiality of the statement or	6066
information.	6067

(H) A taxpayer claiming a credit under this section shall	6068
submit to the tax commissioner or, if the taxpayer is an insurance	6069
company, to the superintendent of insurance, a copy of the	6070
director of development services' certificate of verification	6071
under division (D)(7) of this section with the taxpayer's tax	6072
report or return for the taxable year or for the calendar year	6073
that includes the tax period. Failure to submit a copy of the	6074
certificate with the report or return does not invalidate a claim	6075
for a credit if the taxpayer submits a copy of the certificate to	6076
the commissioner or superintendent within sixty days after the	6077
commissioner or superintendent requests it.	6078

(I) The director of development services, after consultation	6079
with the tax commissioner and the superintendent of insurance and	6080
in accordance with Chapter 119. of the Revised Code, shall adopt	6081
rules necessary to implement this section, including rules that	6082
establish a procedure to be followed by the tax credit authority	6083
and the development services agency in the event the authority	6084
considers a taxpayer's application for which it receives a	6085
recommendation under division (C)(2)(a) of this section but does	6086
not approve it. The rules may provide for recipients of tax	6087
credits under this section to be charged fees to cover	6088
administrative costs of the tax credit program. The fees collected	6089
shall be credited to the business assistance fund created in	6090
section 122.174 of the Revised Code. At the time the director	6091
gives public notice under division (A) of section 119.03 of the	6092
Revised Code of the adoption of the rules, the director shall	6093
submit copies of the proposed rules to the chairpersons of the	6094
standing committees on economic development in the senate and the	6095
house of representatives.	6096

(J) For the purposes of this section, a taxpayer may include	6097
a partnership, a corporation that has made an election under	6098
subchapter S of chapter one of subtitle A of the Internal Revenue	6099
Code, or any other business entity through which income flows as a	6100
distributive share to its owners. A partnership, S-corporation, or	6101
other such business entity may elect to pass the credit received	6102
under this section through to the persons to whom the income or	6103
profit of the partnership, S-corporation, or other entity is	6104
distributed. The election shall be made on the annual report	6105
required under division (D)(6) of this section. The election	6106
applies to and is irrevocable for the credit for which the report	6107
is submitted. If the election is made, the credit shall be	6108
apportioned among those persons in the same proportions as those	6109
in which the income or profit is distributed.	6110

(K) If the director of development services determines that a	6111
taxpayer who has received a credit under this section is not	6112
complying with the requirement under division (D)(3) of this	6113
section, the director shall notify the tax credit authority of the	6114
noncompliance. After receiving such a notice, and after giving the	6115
taxpayer an opportunity to explain the noncompliance, the tax	6116
credit authority may require the taxpayer to refund to this state	6117
a portion of the credit in accordance with the following:	6118

(1) If the taxpayer maintained operations at the project	6119
location for a period less than or equal to the term of the	6120
credit, an amount not exceeding one hundred per cent of the sum of	6121
any credits allowed and received under this section;	6122

(2) If the taxpayer maintained operations at the project	6123
location for a period longer than the term of the credit, but less	6124
than the greater of seven years or the term of the credit plus	6125
three years, an amount not exceeding seventy-five per cent of the	6126
sum of any credits allowed and received under this section.	6127

In determining the portion of the tax credit to be refunded	6128
to this state, the tax credit authority shall consider the effect	6129
of market conditions on the taxpayer's project and whether the	6130
taxpayer continues to maintain other operations in this state.	6131
After making the determination, the authority shall certify the	6132
amount to be refunded to the tax commissioner or superintendent of	6133
insurance, as appropriate. If the amount is certified to the	6134
commissioner, the commissioner shall make an assessment for that	6135
amount against the taxpayer under Chapter 5726., 5733., 5747., or	6136
5751. of the Revised Code. If the amount is certified to the	6137
superintendent, the superintendent shall make an assessment for	6138
that amount against the taxpayer under Chapter 5725. or 5729. of	6139
the Revised Code. The time limitations on assessments under those	6140
chapters do not apply to an assessment under this division, but	6141
the commissioner or superintendent, as appropriate, shall make the	6142
assessment within one year after the date the authority certifies	6143
to the commissioner or superintendent the amount to be refunded.	6144

(L) On or before the first day of August each year, the	6145
director of development services shall submit a report to the	6146
governor, the president of the senate, and the speaker of the	6147
house of representatives on the tax credit program under this	6148
section. The report shall include information on the number of	6149
agreements that were entered into under this section during the	6150
preceding calendar year, a description of the project that is the	6151
subject of each such agreement, and an update on the status of	6152
projects under agreements entered into before the preceding	6153
calendar year.	6154

(M) There is hereby created the tax credit authority, which	6155
consists of the director of development services and four other	6156
members appointed as follows: the governor, the president of the	6157
senate, and the speaker of the house of representatives each shall	6158
appoint one member who shall be a specialist in economic	6159
development; the governor also shall appoint a member who is a	6160
specialist in taxation. Of the initial appointees, the members	6161
appointed by the governor shall serve a term of two years; the	6162
members appointed by the president of the senate and the speaker	6163
of the house of representatives shall serve a term of four years.	6164
Thereafter, terms of office shall be for four years. Initial	6165
appointments to the authority shall be made within thirty days	6166
after January 13, 1993. Each member shall serve on the authority	6167
until the end of the term for which the member was appointed.	6168
Vacancies shall be filled in the same manner provided for original	6169
appointments. Any member appointed to fill a vacancy occurring	6170
prior to the expiration of the term for which the member's	6171
predecessor was appointed shall hold office for the remainder of	6172
that term. Members may be reappointed to the authority. Members of	6173
the authority shall receive their necessary and actual expenses	6174
while engaged in the business of the authority. The director of	6175
development services shall serve as chairperson of the authority,	6176
and the members annually shall elect a vice-chairperson from among	6177
themselves. Three members of the authority constitute a quorum to	6178
transact and vote on the business of the authority. The majority	6179
vote of the membership of the authority is necessary to approve	6180
any such business, including the election of the vice-chairperson.	6181

The director of development services may appoint a	6182
professional employee of the development services agency to serve	6183
as the director's substitute at a meeting of the authority. The	6184
director shall make the appointment in writing. In the absence of	6185
the director from a meeting of the authority, the appointed	6186
substitute shall serve as chairperson. In the absence of both the	6187
director and the director's substitute from a meeting, the	6188
vice-chairperson shall serve as chairperson.	6189

(N) For purposes of the credits granted by this section	6190
against the taxes imposed under sections 5725.18 and 5729.03 of	6191
the Revised Code, "taxable year" means the period covered by the	6192
taxpayer's annual statement to the superintendent of insurance.	6193

(O) On or before the first day of ~~January~~March of each of	6194
the ~~six~~five calendar years ~~following the year in which H.B. 327~~	6195
~~of the 129th general assembly becomeseffective~~beginning with	6196
2014, each taxpayer subject to an agreement with the tax credit	6197
authority under this section on the basis of home-based employees	6198
shall report the number of home-based employees and other	6199
employees employed by the taxpayer in this state to the ~~department~~	6200
of development services agency.	6201

(P) On or before the first day of January of ~~the seventh~~	6202
~~calendar year following the year in which H.B. 327 of the 129th~~	6203
~~general assembly became effective~~2019, the director of	6204
development services shall submit a report to the governor, the	6205
president of the senate, and the speaker of the house of	6206
representatives on the effect of agreements entered into under	6207
this section in which the taxpayer included home-based employees	6208
in the computation of income tax revenue. The report shall include	6209
information on the number of such agreements that were entered	6210
into in the preceding six years, a description of the projects	6211
that were the subjects of such agreements, and an analysis of	6212
nationwide home-based employment trends, including the number of	6213
home-based jobs created from July 1, 2011, through June 30, 2017,	6214
and a description of any home-based employment tax incentives	6215
provided by other states during that time.	6216

(Q) The director of development services may require any	6217
agreement entered into under this section for a tax credit	6218
computed on the basis of home-based employees to contain a	6219
provision that the taxpayer makes available health care benefits	6220
and tuition reimbursement to all employees.	6221

Sec. 122.28. As used in sections 122.28 and 122.30 to 122.36	6222
of the Revised Code:	6223

(A) "New technology" means the development through science or	6224
research of methods, processes, and procedures, including but not	6225
limited to those involving the processing and utilization of coal,	6226
for practical application in industrial or agribusiness	6227
situations.	6228

(B) "Industrial research" means study and investigation in	6229
giving new shapes, new qualities or new combinations to matter or	6230
material products by the application of labor thereto or the	6231
rehabilitation of an existing matter or material product.	6232

(C) "Enterprise" means a business with its principal place of	6233
business in this state or which proposes to be engaged in this	6234
state in research and development or in the provision of products	6235
or services involving a significant amount of new technology.	6236

(D) "Educational institutions" means nonprofit public and	6237
private colleges and universities, incorporated or unincorporated,	6238
in the state.	6239

(E) "Small business" means an enterprise with less than four	6240
hundred employees, including corporations, partnerships,	6241
unincorporated entities, proprietorships, and joint enterprises.	6242

(F) "Applied research" means the application of basic	6243
research for the development of new technology.	6244

Sec. 122.30. The ~~industrial technology and enterprise~~	6245
~~advisory council and the~~ director of development ~~are~~services is	6246
vested with the powers and duties provided in sections 122.28 and	6247
122.30 to 122.36 of the Revised Code, to promote the welfare of	6248
the people of the state through the interaction of the business	6249
and industrial community and educational institutions in the	6250
development of new technology and enterprise.	6251

(A) It is necessary for the state to establish the ~~industrial~~	6252
~~technology and enterprise advisory council and the~~ programs	6253
created pursuant to sections 122.28 and 122.30 to 122.36 of the	6254
Revised Code to accomplish the following purposes which are	6255
determined to be essential:	6256

(1) Improve the existing industrial and agricultural base of	6257
the state;	6258

(2) Improve the economy of the state by providing employment,	6259
increasing productivity, and slowing the rate of inflation;	6260

(3) Develop markets worldwide for the products of the state's	6261
natural resources and agricultural and manufacturing industries;	6262

(4) Maintain a high standard of living for the people of the	6263
state.	6264

(B) ~~The industrial technology and enterprise advisory council~~	6265
~~shall do all of the following:~~	6266

~~(1) Make recommendations to the director of development as to~~	6267
~~applications for assistance pursuant to sections 122.28 to 122.36~~	6268
~~of the Revised Code. The council may revise its recommendations to~~	6269
~~reflect any changes in the proposed assistance made by the~~	6270
~~director.~~	6271

~~(2) Advise the director in the administration of sections~~	6272
~~122.28 to 122.36 of the Revised Code;~~	6273

~~(3) Adopt bylaws to govern the conduct of the council's~~	6274
~~business.~~	6275

~~(C)~~ The director ~~of development~~ shall do all of the	6276
following:	6277

(1) Receive applications for assistance under sections 122.28	6278
and 122.30 to 122.36 of the Revised Code ~~and, after processing,~~	6279
~~forward them to the council together with necessary supporting~~	6280
~~information~~;	6281

(2) ~~Receive the recommendations of the council and make~~Make	6282
a ~~final~~ determination whether to approve the application for	6283
assistance;	6284

(3) Transmit determinations to approve assistance exceeding	6285
forty thousand dollars to the controlling board, together with any	6286
information the controlling board requires, for the board's review	6287
and decision as to whether to approve the assistance;	6288

(4) Gather and disseminate information and conduct hearings,	6289
conferences, seminars, investigations, and special studies on	6290
problems and programs concerning industrial research and new	6291
technology and their commercial applications in the state;	6292

(5) Establish an annual program to recognize the	6293
accomplishments and contributions of individuals and organizations	6294
in the development of industrial research and new technology in	6295
the state;	6296

(6) Stimulate both public and industrial awareness and	6297
interest in industrial research and development of new technology	6298
primarily in the areas of industrial processes, implementation,	6299
energy, agribusiness, medical technology, avionics, and food	6300
processing;	6301

(7) Develop and implement comprehensive and coordinated	6302
policies, programs, and procedures promoting industrial research	6303
and new technology;	6304

(8) Propose appropriate legislation or executive actions to	6305
stimulate the development of industrial research and new	6306
technology by enterprises and individuals;	6307

(9) Encourage and facilitate contracts between industry,	6308
agriculture, educational institutions, federal agencies, and state	6309
agencies, with special emphasis on industrial research and new	6310
technology by small businesses and agribusiness;	6311

(10) Participate with any state agency in developing specific	6312
programs and goals to assist in the development of industrial	6313
research and new technology and monitor performance;	6314

(11) Assist enterprises in obtaining alternative forms of	6315
governmental or commercial financing for industrial research and	6316
new technology;	6317

(12) Assist enterprises or individuals in the implementation	6318
of new programs and policies and the expansion of existing	6319
programs to provide an atmosphere conducive to increased	6320
cooperation among and participation by individuals, enterprises,	6321
and educational institutions engaged in industrial research and	6322
the development of new technology;	6323

(13) Advertise, prepare, print, and distribute books, maps,	6324
pamphlets, and other information ~~which in the judgment of the~~	6325
~~director will further its purposes~~;	6326

(14) Include in the director's annual report to the governor	6327
and the general assembly a report on the activities for the	6328
preceding calendar year under sections 122.28 and 122.30 to 122.36	6329
of the Revised Code;	6330

(15) Approve the expenditure of money appropriated by the	6331
general assembly for the purpose of sections 122.28 and 122.30 to	6332
122.36 of the Revised Code;	6333

(16) Identify and implement federal research and development	6334
programs which would link Ohio's industrial base, research	6335
facilities, and natural resources;	6336

(17) Employ and fix the compensation of technical and	6337
professional personnel, who shall be in the unclassified civil	6338
service, and employ other personnel, who shall be in the	6339
classified civil service, as necessary to carry out the provisions	6340
of sections 122.28 and 122.30 to 122.36 of the Revised Code.	6341

Sec. 122.31. All expenses and obligations incurred by the	6342
director of development ~~and the industrial technology and~~	6343
~~enterprise advisory council~~services in carrying out ~~their~~the	6344
director's powers and ~~in exercising their~~ duties under sections	6345
122.28 and 122.30 to 122.36 of the Revised Code, are payable from	6346
revenues or other receipts or income from grants, gifts,	6347
contributions, compensation, reimbursement, and funds established	6348
in accordance with those sections or general revenue funds	6349
appropriated by the general assembly for operating expenses of the	6350
director ~~or council~~.	6351

Sec. 122.32. The director of development services, on behalf	6352
of the programs authorized pursuant to sections 122.28 and 122.30	6353
to 122.36 of the Revised Code, may receive and accept grants,	6354
gifts, and contributions of money, property, labor, and other	6355
things of value to be held, used, and applied only for the purpose	6356
for which the grants, gifts, and contributions are made, from	6357
individuals, private and public corporations, from the United	6358
States or any agency of the United States, and from any political	6359
subdivision of the state. The director may agree to repay any	6360
contribution of money or to return any property contributed or its	6361
value at times, in amounts, and on terms and conditions excluding	6362
the payment of interest as the director determines at the time the	6363
contribution is made. The director may evidence the obligation by	6364
written contracts, subject to section 122.31 of the Revised Code,	6365
provided that the director shall not thereby incur indebtedness of	6366
or impose liability upon the state or any political subdivision.	6367

Sec. 122.33. The director of development services shall	6368
administer the following programs:	6369

(A) The industrial technology and enterprise development	6370
grant program, to provide capital to acquire, construct, enlarge,	6371
improve, or equip and to sell, lease, exchange, and otherwise	6372
dispose of property, structures, equipment, and facilities within	6373
the state.	6374

Such funding may be made to enterprises that propose to	6375
develop new products or technologies when the director finds all	6376
of the following factors to be present:	6377

(1) The undertaking will benefit the people of the state by	6378
creating or preserving jobs and employment opportunities or	6379
improving the economic welfare of the people of the state, and	6380
promoting the development of new technology.	6381

(2) There is reasonable assurance that the potential	6382
royalties to be derived from the sale of the product or process	6383
described in the proposal will be sufficient to repay the funding	6384
pursuant to sections 122.28 and 122.30 to 122.36 of the Revised	6385
Code and that, in making the agreement, as it relates to patents,	6386
copyrights, and other ownership rights, there is reasonable	6387
assurance that the resulting new technology will be utilized to	6388
the maximum extent possible in facilities located in Ohio.	6389

(3) The technology and research to be undertaken will allow	6390
enterprises to compete more effectively in the marketplace. Grants	6391
of capital may be in such form and conditioned upon such terms as	6392
the ~~board~~director deems appropriate.	6393

(B) The industrial technology and enterprise resources	6394
program to provide for the collection, dissemination, and exchange	6395
of information regarding equipment, facilities, and business	6396
planning consultation resources available in business, industry,	6397
and educational institutions and to establish methods by which	6398
small businesses may use available facilities and resources. The	6399
methods may include, but need not be limited to, leases	6400
reimbursing the educational institutions for their actual costs	6401
incurred in maintaining the facilities and agreements assigning	6402
royalties from development of successful products or processes	6403
through the use of the facilities and resources. The director	6404
shall operate this program in conjunction with the board of	6405
regents.	6406

(C) The Thomas Alva Edison grant program to provide grants to	6407
foster research, development, or technology transfer efforts	6408
involving enterprises and educational institutions that will lead	6409
to the creation of jobs. The director shall utilize the Edison	6410
center network in carrying out the goals and objectives of this	6411
program. For the purposes of this division, "Edison center	6412
network" means the six cooperative research and development	6413
facilities in this state that receive funding under this division,	6414
are nonprofit organizations, have been in existence at least	6415
eighteen years as of the effective date of this amendment, and	6416
have experience in delivering manufacturing extension partnership	6417
program services to companies in this state.	6418

(1) Grants may be made to a nonprofit organization or a	6419
public or private educational institution, department, college,	6420
institute, faculty member, or other administrative subdivision or	6421
related entity of an educational institution when the director	6422
finds that the undertaking will benefit the people of the state by	6423
supporting research in advanced technology areas likely to improve	6424
the economic welfare of the people of the state through promoting	6425
the development of new commercial technology.	6426

(2) Grants may be made in a form and conditioned upon terms	6427
as the director considers appropriate.	6428

(3) Grants made under this program shall in all instances be	6429
in conjunction with a contribution to the project by a cooperating	6430
enterprise which maintains or proposes to maintain a relevant	6431
research, development, or manufacturing facility in the state, by	6432
a nonprofit organization, or by an educational institution or	6433
related entity; however, funding provided by an educational	6434
institution or related entity shall not be from general revenue	6435
funds appropriated by the Ohio general assembly. No grant made	6436
under this program shall exceed the contribution made by the	6437
cooperating enterprise, nonprofit organization, or educational	6438
institution or related entity. The director may consider	6439
cooperating contributions in the form of state of the art new	6440
equipment or in other forms provided the director determines that	6441
the contribution is essential to the successful implementation of	6442
the project. The director may adopt rules or guidelines for the	6443
valuation of contributions of equipment or other property.	6444

(4) The director may determine fields of research from which	6445
grant applications will be accepted under this program.	6446

Sec. 122.34. The exercise of the powers granted by sections	6447
122.28 and 122.30 to 122.36 of the Revised Code will be in all	6448
respects for the benefit of the people of the state, for the	6449
improvement of commerce and prosperity, improvement of employment	6450
conditions, and will constitute the performance of essential	6451
governmental functions.	6452

Sec. 122.35. All moneys received under sections 122.28 and	6453
122.30 to 122.36 of the Revised Code are trust funds to be held	6454
and applied solely as provided in those sections and section	6455
166.03 of the Revised Code. All moneys, except when deposited with	6456
the treasurer of the state, shall be kept and secured in	6457
depositories as selected by the director of development services	6458
in the manner provided in sections 135.01 to 135.21 of the Revised	6459
Code, insofar as those sections are applicable. All moneys held by	6460
the director in trust to carry out the purposes of sections 122.28	6461
and 122.30 to 122.36 of the Revised Code shall be used as provided	6462
in sections 122.28 and 122.30 to 122.36 of the Revised Code and at	6463
no time be part of other public funds.	6464

Sec. 122.36. Any materials or data submitted to, made	6465
available to, or received by the director of development~~, the~~	6466
~~industrial technology and enterprise advisory council,~~services or	6467
the controlling board, to the extent that the material or data	6468
consist of trade secrets, as defined in section 1333.61 of the	6469
Revised Code, or commercial or financial information, regarding	6470
projects are not public records for the purposes of section 149.43	6471
of the Revised Code.	6472

Sec. 122.657. For the purposes of sections 122.65 to 122.658	6473
of the Revised Code, the director of development shall establish	6474
policies and requirements regarding all of the following:	6475

(A) The form and content of applications for grants or loans	6476
from the clean Ohio revitalization fund under section 122.652 of	6477
the Revised Code. The policies and requirements shall require that	6478
each application include, at a minimum, all of the following:	6479

(1) The name, address, and telephone number of the applicant;

6480

(2) The legal description of the property for which the grant	6481
or loan is requested;	6482

(3) A summary description of the hazardous substances or	6483
petroleum present at the brownfield and a certified copy of the	6484
results of an assessment;	6485

(4) A detailed explanation of the proposed cleanup or	6486
remediation of the brownfield, including an identification of the	6487
applicable cleanup standards, and a detailed description of the	6488
proposed use of the brownfield after completion of the cleanup or	6489
remediation;	6490

(5) An estimate of the total cost to clean up or remediate	6491
the brownfield in order to comply with the applicable cleanup	6492
standards. The total cost shall include the cost of employing a	6493
certified professional under section 122.654 of the Revised Code.	6494

(6) A detailed explanation of the portion of the estimated	6495
total cost of the cleanup or remediation of the brownfield that	6496
the applicant proposes to provide as required under sections	6497
122.653 and 122.658 of the Revised Code and financial records	6498
supporting the proposal;	6499

(7) A certified copy of a resolution or ordinance approving	6500
the project that the applicant shall obtain from the board of	6501
township trustees of the township or the legislative authority of	6502
the municipal corporation in which the property is located,	6503
whichever is applicable;	6504

(8) A description of the estimated economic benefit that will	6505
result from a cleanup or remediation of the brownfield;	6506

(9) An application summary for purposes of review by an	6507
integrating committee or, if applicable, the executive committee	6508
of an integrating committee under division (B) of section 122.652	6509
of the Revised Code;	6510

(10) With respect to applications for loans, information	6511
demonstrating that the applicant will implement a financial	6512
management plan that includes, without limitation, provisions for	6513
the satisfactory repayment of the loan;	6514

(11) Any other provisions that the director determines should	6515
be included in an application.	6516

(B) Procedures for conducting public meetings and providing	6517
public notice under division (A) of section 122.652 of the Revised	6518
Code;	6519

(C) Criteria to be used by integrating committees or, if	6520
required under division (C) of section 122.652 of the Revised	6521
Code, executive committees of integrating committees when	6522
prioritizing projects under division (B) of section 122.652 of the	6523
Revised Code. The policies and requirements also shall establish	6524
procedures that integrating committees or, if required under	6525
division (C) of section 122.652 of the Revised Code, executive	6526
committees of integrating committees shall use in applying the	6527
criteria.	6528

(D) A selection process that provides for the prioritization	6529
of brownfield cleanup or remediation projects for which grant or	6530
loan applications are submitted under section 122.652 of the	6531
Revised Code. The policies and requirements shall require the	6532
selection process to give priority to projects in which the	6533
post-cleanup or remediation use will be for a combination of	6534
residential, commercial, or industrial purposes, which may include	6535
the conversion of a portion of a brownfield to a recreation, park,	6536
or natural area that is integrated with the residential,	6537
commercial, or industrial use of the brownfield after cleanup or	6538
remediation, or will incorporate projects that are funded by	6539
grants awarded under sections 164.20 to 164.27 of the Revised	6540
Code. The policies and requirements shall require the selection	6541
process to incorporate and emphasize all of the following factors:	6542

(1) The potential economic benefit that will result from the	6543
cleanup or remediation of a brownfield;	6544

(2) The potential environmental improvement that will result	6545
from the cleanup or remediation of a brownfield;	6546

(3) The amount and nature of the match provided by an	6547
applicant as required under sections 122.653 and 122.658 of the	6548
Revised Code;	6549

(4) Funding priorities recommended by integrating committees	6550
or, if required under division (C) of section 122.652 of the	6551
Revised Code, executive committees of integrating committees under	6552
division (B) of section 122.652 of the Revised Code;	6553

(5) The potential benefit to low-income communities,	6554
including minority communities, that will result from the cleanup	6555
or remediation of a brownfield;	6556

(6) Any other factors that the director considers	6557
appropriate.	6558

(E) The development of criteria that the director shall use	6559
when awarding grants under section 122.656 of the Revised Code.	6560
The criteria shall give priority to public health projects. In	6561
addition, the director, in consultation with the director of	6562
environmental protection, shall establish policies and	6563
requirements that require the criteria to include a public health	6564
project selection process that incorporates and emphasizes all of	6565
the following factors:	6566

(1) The potential environmental improvement that will result	6567
from the cleanup or remediation;	6568

(2) The ability of an applicant to access the property for	6569
purposes of the cleanup or remediation;	6570

(3) The name and qualifications of the cleanup or remediation	6571
contractor;	6572

(4) Any other factors that the director of development	6573
considers appropriate.	6574

The director of development may develop any other policies	6575
and requirements that the director determines are necessary for	6576
the administration of section 122.656 of the Revised Code.	6577

(F) The development of a brownfield cleanup and remediation	6578
oversight program to ensure compliance with sections 122.65 to	6579
122.658 of the Revised Code and policies and requirements	6580
established under this section. The policies and requirements	6581
shall require the program to include, at a minimum, both of the	6582
following:	6583

(1) Procedures for the accounting of invoices and receipts	6584
and any other documents that are necessary to demonstrate that a	6585
cleanup or remediation was properly performed;	6586

(2) Procedures that are necessary to provide a detailed	6587
explanation of the status of the property five years after the	6588
completed cleanup or remediation.	6589

(G) A delineation of what constitutes administrative costs	6590
for purposes of divisions (D) and (F) of section 122.658 of the	6591
Revised Code;	6592

(H) Procedures and requirements for making loans and loan	6593
agreements that include at least all of the following:	6594

(1) Not more than fifteen per cent of moneys annually	6595
allocated to the clean Ohio revitalization fund shall be used for	6596
loans.	6597

(2) The loans shall be made at or below market rates of	6598
interest, including, without limitation, interest-free loans.	6599

(3) The recipient of a loan shall identify a source of	6600
security and a source of repayment of the loan.	6601

(4) ~~All payments of principal and interest on a loan shall be~~	6602
~~deposited in the state treasury and credited to the clean Ohio~~	6603
~~revitalization revolving loan fund.~~	6604

~~(5)~~ The clean Ohio council may accept notes and other forms	6605
of obligation to evidence indebtedness, accept mortgages, liens,	6606
pledges, assignments, and other security interests to secure such	6607
indebtedness, and take any actions that are considered by the	6608
council to be appropriate to protect such security and safeguard	6609
against losses, including, without limitation, foreclosure and	6610
bidding on the purchase of property upon foreclosure or other	6611
sale.	6612

(I) Any other policies and requirements that the director	6613
determines are necessary for the administration of sections 122.65	6614
to 122.658 of the Revised Code.	6615

Sec. 122.658. (A) The clean Ohio revitalization fund is	6616
hereby created in the state treasury. The fund shall consist of	6617
moneys credited to it pursuant to section 151.40 of the Revised	6618
Code. Moneys in the fund shall be used to make grants or loans for	6619
projects that have been approved by the clean Ohio council in	6620
accordance with section 122.653 of the Revised Code, except that	6621
the council annually shall devote twenty per cent of the net	6622
proceeds of obligations deposited in the clean Ohio revitalization	6623
fund for the purposes of section 122.656 of the Revised Code.	6624

Moneys in the clean Ohio revitalization fund may be used to	6625
pay reasonable costs incurred by the department of development and	6626
the environmental protection agency in administering sections	6627
122.65 to 122.658 of the Revised Code. All investment earnings of	6628
the fund shall be credited to the fund. Investment earnings	6629
credited to the clean Ohio revitalization fund may be used to pay	6630
costs incurred by the department of development and the	6631
environmental protection agency pursuant to sections 122.65 to	6632
122.658 of the Revised Code.	6633

The department of development shall administer the clean Ohio	6634
revitalization fund in accordance with this section, policies and	6635
requirements established under section 122.657 of the Revised	6636
Code, and the terms of agreements entered into by the council	6637
under section 122.653 of the Revised Code.	6638

(B) Grants awarded and loans made under section 122.653 of	6639
the Revised Code shall provide not more than seventy-five per cent	6640
of the estimated total cost of a project. A grant or loan to any	6641
one project shall not exceed three million dollars. An applicant	6642
shall provide at least twenty-five per cent of the estimated total	6643
cost of a project. The applicant's share may consist of one or a	6644
combination of any of the following:	6645

(1) Payment of the cost of acquiring the property for the	6646
purposes of sections 122.65 to 122.658 of the Revised Code;	6647

(2) Payment of the reasonable cost of an assessment at the	6648
property;	6649

(3) The reasonable value, as determined by the council, of	6650
labor and materials that will be contributed by the applicant in	6651
performing the cleanup or remediation;	6652

(4) Moneys received by the applicant in any form for use in	6653
performing the cleanup or remediation;	6654

(5) Loans secured by the applicant for the purpose of the	6655
cleanup or remediation of the brownfield.	6656

Costs that were incurred more than two years prior to the	6657
submission of an application to the clean Ohio council for the	6658
acquisition of property, assessments, and labor and materials	6659
shall not be used as part of the applicant's matching share.	6660

(C) The department of development shall not make any payment	6661
to an applicant from the clean Ohio revitalization fund to pay	6662
costs of the applicant that were not included in an application	6663
for a grant or loan under section 122.653 of the Revised Code or	6664
that exceed the amount of the estimated total cost of the project	6665
included in the application. If, upon completion of a project, the	6666
costs of the project are less than the amounts included in the	6667
application, the amounts included in the application less the	6668
amounts of the actual costs of the project shall be credited to	6669
the clean Ohio revitalization fund. However, the amounts credited	6670
shall be equivalent in percentage to the percentage of the costs	6671
of the project that were to be funded by the grant or loan from	6672
the fund.	6673

(D) Grants awarded or loans made under section 122.653 of the	6674
Revised Code from the clean Ohio revitalization fund shall be used	6675
by an applicant only to pay the costs of the actual cleanup or	6676
remediation of a brownfield and shall not be used by an applicant	6677
to pay any administrative costs incurred by the applicant. Costs	6678
related to the use of a certified professional for purposes of	6679
section 122.654 of the Revised Code are not administrative costs	6680
and may be paid with moneys from grants awarded or loans made	6681
under section 122.653 of the Revised Code.	6682

(E) The portion of net proceeds of obligations devoted under	6683
division (A) of this section for the purposes of section 122.656	6684
of the Revised Code shall be used to make grants for assessments,	6685
cleanup or remediation of brownfields, and public health projects	6686
that have been approved by the director of development under that	6687
section. The department of development shall administer section	6688
122.656 of the Revised Code in accordance with this section,	6689
policies and requirements established under section 122.657 of the	6690
Revised Code, and the terms of agreements entered into by the	6691
director under section 122.656 of the Revised Code. The director	6692
shall not grant more than twenty-five million dollars for public	6693
health projects under section 122.656 of the Revised Code.	6694

(F) Grants awarded under section 122.656 of the Revised Code	6695
shall be used by an applicant only to pay the costs of actually	6696
conducting an assessment, a cleanup or remediation of a	6697
brownfield, or a public health project and shall not be used by an	6698
applicant to pay any administrative costs incurred by the	6699
applicant. Costs related to the use of a certified professional	6700
for purposes of section 122.654 of the Revised Code are not	6701
administrative costs and may be paid with moneys from grants	6702
awarded under section 122.656 of the Revised Code.	6703

~~(G)(1) The clean Ohio revitalization revolving loan fund is~~	6704
~~hereby created in the state treasury. Payments of principal and~~	6705
~~interest on loans made from the clean Ohio revitalization fund~~	6706
~~shall be credited to this revolving loan fund, as shall payments~~	6707
~~of principal and interest on loans made from the revolving loan~~	6708
~~fund itself. The revolving loan fund's investment earnings shall~~	6709
~~be credited to it.~~	6710

~~(2) The clean Ohio revitalization revolving loan fund shall~~	6711
~~be used to make loans for the same purposes and subject to the~~	6712
~~same policies, requirements, criteria, and application procedures~~	6713
~~as loans made from the clean Ohio revitalization fund.~~	6714

Sec. 122.66. As used in sections 122.66 to 122.702 of the	6715
Revised Code:	6716

(A) "Poverty line" means the official poverty line	6717
established by the director of the United States office of	6718
management and budget and as revised by the ~~director~~secretary of	6719
~~the office of community~~health and human services in accordance	6720
with section 673(2) of the "Community Services Block Grant Act,"	6721
95 Stat. 1609, 42 U.S.C.A. 9902.	6722

(B) "Low-income person" means a person whose adjusted gross	6723
income as defined in division (A) of section 5747.01 of the	6724
Revised Code is below the poverty line as defined in division (A)	6725
of this section.	6726

(C) "Advocacy" means the act of pleading for, supporting, or	6727
recommending actions on behalf of low-income persons.	6728

(D) "Community action agency" means a community-based and	6729
operated private nonprofit agency or organization that includes or	6730
is designed to include a sufficient number of projects or	6731
components to provide a range of services and activities having a	6732
measurable and potentially major impact on the causes of poverty	6733
in the community or those areas of the community where poverty is	6734
a particularly acute problem and is designated as a community	6735
action agency by the ~~office of~~ community services division	6736
pursuant to sections 122.68 and 122.69 of the Revised Code.	6737

(E) "Community" means a city, village, county, multicity or	6738
multicounty unit, a neighborhood or other area, disregarding	6739
boundaries or political subdivisions, which provides a suitable	6740
organizational base and possesses a commonality of needs and	6741
interests for a community action program suitable to be served by	6742
a community action agency.	6743

(F) "Service area" means the geographical area served by a	6744
community action agency.	6745

Sec. 122.67. There is hereby created in the ~~department of~~	6746
development services agency the ~~office of~~ community services	6747
division. The director of development services shall employ and	6748
fix the compensation of professional and technical unclassified	6749
personnel as necessary to carry out the provisions of sections	6750
122.66 to 122.701 of the Revised Code.	6751

Sec. 122.68. The ~~office of~~ community services division	6752
shall:	6753

(A) Administer all federal funds appropriated to the state	6754
from the "Community Services Block Grant Act," 95 Stat. 511, 42	6755
U.S.C.A. 9901, and comply with requirements imposed by that act in	6756
its application for, and administration of, the funds;	6757

(B) Designate community action agencies to receive community	6758
services block grant funds;	6759

(C) Disburse at least ninety-five per cent or such other	6760
higher maximum amount as may from time to time be designated by	6761
congress of the funds received in the state from the "Community	6762
Services Block Grant Act" to community action agencies that comply	6763
with the requirements of section 122.69 of the Revised Code and	6764
migrant and seasonal farm worker organizations that are not	6765
designated community action agencies but which provide the	6766
services described in division (B)(1) of section 122.69 of the	6767
Revised Code.	6768

(D) Provide technical assistance to community action agencies	6769
to improve program planning, development, and administration;	6770

(E) Conduct yearly performance assessments, according to	6771
criteria determined by ~~department of~~ development services agency	6772
rule, to determine whether community action agencies are in	6773
compliance with section 122.69 of the Revised Code;	6774

(F) Annually prepare and submit to the United States	6775
secretary of health and human services, the governor, the	6776
president of the Ohio senate, and the speaker of the Ohio house of	6777
representatives, a comprehensive report that includes:	6778

(1) Certification that all community action agencies	6779
designated to receive funds from the "Community Services Block	6780
Grant Act" are in compliance with section 122.69 of the Revised	6781
Code;	6782

(2) A program plan for the next federal fiscal year that has	6783
been made available for public inspection and that details how	6784
community services block grant funds will be disbursed and used	6785
during that fiscal year;	6786

(3) Information detailing how funds were expended for the	6787
current fiscal year;	6788

(4) An audit of community services block grant expenditures	6789
for the preceding federal fiscal year that is conducted in	6790
accordance with generally accepted accounting principles by an	6791
independent auditing firm that has no connection with any	6792
community action agency receiving community services block grant	6793
funds or with any employee of the ~~office~~division.	6794

(G) Serve as a statewide advocate for social and economic	6795
opportunities for low-income persons.	6796

Sec. 122.681. (A) Except as permitted by this section, or	6797
when required by federal law, no person or government entity shall	6798
solicit, release, disclose, receive, use, or knowingly permit or	6799
participate in the use of any information regarding an individual	6800
receiving assistance pursuant to a community services division	6801
program under sections 122.66 to 122.702 of the Revised Code for	6802
any purpose not directly related to the administration of a	6803
division assistance program.	6804

(B) To the extent permitted by federal law, the division, and	6805
any entity that receives division funds to administer a division	6806
program to assist individuals, shall release information regarding	6807
an individual assistance recipient to the following:	6808

(1) A government entity responsible for administering the	6809
assistance program for purposes directly related to the	6810
administration of the program;	6811

(2) A law enforcement agency for the purpose of any	6812
investigation, prosecution, or criminal or civil proceeding	6813
relating to the administration of the assistance program;	6814

(3) A government entity responsible for administering a	6815
children's protective services program, for the purpose of	6816
protecting children.	6817

(C) To the extent permitted by federal law and section	6818
1347.08 of the Revised Code, the division, and any entity	6819
administering a division program, shall provide access to	6820
information regarding an individual assistance recipient to all of	6821
the following:	6822

(1) The individual assistance recipient;

6823

(2) The authorized representative of the individual	6824
assistance recipient;	6825

(3) The legal guardian of the individual assistance	6826
recipient;	6827

(4) The attorney of the individual assistance recipient.

6828

(D) To the extent permitted by federal law, the division, and	6829
any entity administering a division program, may do either of the	6830
following:	6831

(1) Release information about an individual assistance	6832
recipient if the recipient gives voluntary, written authorization;	6833

(2) Release information regarding an individual assistance	6834
recipient to a state, federal, or federally assisted program that	6835
provides cash or in-kind assistance or services directly to	6836
individuals based on need.	6837

(E) The community services division, or an entity	6838
administering a division program, shall provide, at no cost, a	6839
copy of each written authorization to the individual who signed	6840
it.	6841

(F) The development services agency may adopt rules defining	6842
who may serve as an individual assistance recipient's authorized	6843
representative for purposes of division (C)(2) of this section.	6844

Sec. 122.69. (A) Any nonprofit agency or organization	6845
seeking designation as a community action agency by the ~~office of~~	6846
community services division shall obtain the endorsement of the	6847
chief elected officials of at least two-thirds of the municipal	6848
corporations and the counties within the community to be served by	6849
the agency or organization.	6850

(B) Any nonprofit agency or organization that receives the	6851
endorsement provided for in division (A) of this section shall be	6852
designated by the ~~office~~division as the community action agency	6853
for the community it serves and shall receive community services	6854
block grant funds for any period of time that the nonprofit agency	6855
or organization:	6856

(1) Provides a range of services and opportunities having a	6857
measurable and potentially major impact on the causes of poverty	6858
in the community or those areas of the community where poverty is	6859
a particularly acute problem. These activities may include but	6860
shall not be limited to:	6861

(a) Providing activities designed to assist low-income	6862
persons, including elderly and handicapped low-income persons, to:	6863

(i) Secure and maintain meaningful employment, training, work	6864
experience, and unsubsidized employment;	6865

(ii) Attain an adequate education;

6866

(iii) Make better use of available income;

6867

(iv) Obtain and maintain adequate housing and a suitable	6868
living environment;	6869

(v) Obtain emergency assistance through loans or grants to	6870
meet immediate and urgent individual and family needs, including	6871
the need for health services, nutritious food, housing, and	6872
employment-related assistance;	6873

(vi) Remove obstacles and solve personal and family problems	6874
that block the achievement of self-sufficiency;	6875

(vii) Achieve greater participation in the affairs of the	6876
community;	6877

(viii) Undertake family planning, consistent with personal	6878
and family goals and religious and moral convictions;	6879

(ix) Obtain energy assistance, conservation, and	6880
weatherization services.	6881

(b) Providing, on an emergency basis, supplies and services,	6882
nutritious foodstuffs, and related services necessary to	6883
counteract conditions of starvation and malnutrition among	6884
low-income persons;	6885

(c) Coordinating and establishing links between government	6886
and other social services programs to assure the effective	6887
delivery of services to low-income individuals;	6888

(d) Providing child care services, nutrition and health	6889
services, transportation services, alcoholism and narcotic	6890
addiction prevention and rehabilitation services, youth	6891
development services, and community services to elderly and	6892
handicapped persons;	6893

(e) Encouraging entities in the private sector to participate	6894
in efforts to ameliorate poverty in the community.	6895

(2) Annually submits to the ~~office of community services~~	6896
division a program plan and budget for use of community services	6897
block grant funds for the next federal fiscal year. At least ten	6898
days prior to its submission to the ~~office of community services~~	6899
division, a copy of the program plan and budget shall be made	6900
available to the chief elected officials of the municipal	6901
corporations and counties within the service area in order to	6902
provide them the opportunity to review and comment upon such plan	6903
and budget.	6904

(3) Composes its board of directors in compliance with	6905
section (c)(3) of section 675 of ~~the~~ the "Community Services Block	6906
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9904, except that the board	6907
shall consist of not less than fifteen nor more than thirty-three	6908
members;	6909

(4) Complies with the prohibitions against discrimination and	6910
political activity, as provided in the "Community Services Block	6911
Grant Act";	6912

(5) Complies with fiscal and program requirements established	6913
by ~~department of~~ development services agency rule.	6914

Sec. 122.70. The board of directors of a community action	6915
agency shall:	6916

(A) Select, appoint, and may remove the executive director of	6917
the community action agency;	6918

(B) Approve contracts, annual program budgets, and policies	6919
of the community action agency;	6920

(C) Advise the elected officials of any political subdivision	6921
located within its service area, and state and federal elected	6922
officials who represent its service area, of the nature and extent	6923
of poverty within its community, and advise them of any needed	6924
changes;	6925

(D) Convene public meetings to provide community members the	6926
opportunity to comment on public policies and programs to reduce	6927
poverty;	6928

(E) Annually evaluate the policies and programs of the	6929
community action agency according to criteria determined by	6930
~~department of~~ development services agency rule;	6931

(F) Submit the results of the evaluation required by division	6932
(E) of this section, along with recommendations for improved	6933
administration of the community action agency, to the ~~office of~~	6934
community services division;	6935

(G) Adopt a code of ethics for the board of directors and the	6936
employees of the community action agency;	6937

(H) Adopt written policies describing all of the following:

6938

(1) How the community action agency is to expend and	6939
distribute the community services block grant funds that it	6940
receives from the ~~office of community services~~division under	6941
sections 122.68 and 122.69 of the Revised Code;	6942

(2) The salary, benefits, travel expenses, and any other	6943
compensation that persons are to receive for serving on the	6944
community action agency's board of directors;	6945

(3) The operating procedures to be used by the board to	6946
conduct its meetings, to vote on all official business it	6947
considers, and to provide notice of its meetings.	6948

(I) Provide for the posting of notices in a conspicuous place	6949
indicating that the code of ethics described in division (G) of	6950
this section and the policies described in division (H) of this	6951
section are available for public inspection at the community	6952
action agency during normal business hours.	6953

Sec. 122.701. (A) Prior to designating a new community	6954
action agency or rescinding a community action agency's	6955
designation, the ~~office of~~ community services division shall:	6956

(1) Determine whether a community action agency is in	6957
compliance with section 122.69 of the Revised Code;	6958

(2) Consult with the chief elected officials of political	6959
subdivisions located within a community action agency's service	6960
area, and, in designating a new community action agency, obtain	6961
their endorsement of the agency in accordance with division (A) of	6962
section 122.69 of the Revised Code;	6963

(3) Hold at least one public meeting within a community	6964
action agency's service area for the purpose of allowing citizens	6965
to comment on the community action agency's delivery of services;	6966

(4) Evaluate the proposed service area of the community	6967
action agency, and, as may be necessary, modify the boundaries of	6968
the service area so that low-income persons in the area are	6969
adequately and efficiently served.	6970

(B) After providing notice and hearing pursuant to sections	6971
119.01 to 119.13 of the Revised Code, the director of development	6972
services:	6973

(1) May rescind the designation of a community action agency	6974
~~if he finds~~after finding that the agency is not in compliance	6975
with any or all of the provisions of section 122.69 of the Revised	6976
Code;	6977

(2) Shall rescind the designation of a community action	6978
agency upon notification from the chief elected officials of more	6979
than one-half of the municipal corporations and the counties	6980
within a community currently served by a community action agency	6981
that such agency is not endorsed by them and ~~upon a~~after finding	6982
~~by him~~ that the agency is not in compliance with section 122.69 of	6983
the Revised Code.	6984

Any agency whose designation is rescinded pursuant to this	6985
section may appeal from an order rescinding such designation	6986
pursuant to section 119.12 of the Revised Code.	6987

Sec. 122.76. (A) The director of development services, with	6988
controlling board approval, may lend funds to minority business	6989
enterprises and to community improvement corporations, Ohio	6990
development corporations, minority contractors business assistance	6991
organizations, and minority business supplier development councils	6992
for the purpose of loaning funds to minority business enterprises	6993
~~and~~, for the purpose of procuring or improving real or personal	6994
property, or both, for the establishment, location, or expansion	6995
of industrial, distribution, commercial, or research facilities in	6996
the state, and for the purpose of contract financing, and to	6997
community development corporations that predominantly benefit	6998
minority business enterprises or are located in a census tract	6999
that has a population that is sixty per cent or more minority, if	7000
the director determines, in the director's sole discretion, that	7001
all of the following apply:	7002

(1) The project is economically sound and will benefit the	7003
people of the state by increasing opportunities for employment, by	7004
strengthening the economy of the state, or expanding minority	7005
business enterprises.	7006

(2) The proposed minority business enterprise borrower is	7007
unable to finance the proposed project through ordinary financial	7008
channels at comparable terms.	7009

(3) The value of the project is or, upon completion, will be	7010
at least equal to the total amount of the money expended in the	7011
procurement or improvement of the project.	7012

(4) The amount to be loaned by the director will not exceed	7013
seventy-five per cent of the total amount expended in the	7014
procurement or improvement of the project.	7015

(5) The amount to be loaned by the director will be	7016
adequately secured by a first or second mortgage upon the project	7017
or by mortgages, leases, liens, assignments, or pledges on or of	7018
other property or contracts as the director requires, and such	7019
mortgage will not be subordinate to any other liens or mortgages	7020
except the liens securing loans or investments made by financial	7021
institutions referred to in division (A)(3) of this section, and	7022
the liens securing loans previously made by any financial	7023
institution in connection with the procurement or expansion of all	7024
or part of a project.	7025

(B) Any proposed minority business enterprise borrower	7026
submitting an application for assistance under this section shall	7027
not have defaulted on a previous loan from the director, and no	7028
full or limited partner, major shareholder, or holder of an equity	7029
interest of the proposed minority business enterprise borrower	7030
shall have defaulted on a loan from the director.	7031

(C) The proposed minority business enterprise borrower shall	7032
demonstrate to the satisfaction of the director that it is able to	7033
successfully compete in the private sector if it obtains the	7034
necessary financial, technical, or managerial support and that	7035
support is available through the director, the minority business	7036
development office of the ~~department of~~ development services	7037
agency, or other identified and acceptable sources. In determining	7038
whether a minority business enterprise borrower will be able to	7039
successfully compete, the director may give consideration to such	7040
factors as the successful completion of or participation in	7041
courses of study, recognized by the board of regents as providing	7042
financial, technical, or managerial skills related to the	7043
operation of the business, by the economically disadvantaged	7044
individual, owner, or partner, and the prior success of the	7045
individual, owner, or partner in personal, career, or business	7046
activities, as well as to other factors identified by the	7047
director.	7048

(D) The director shall not lend funds for the purpose of	7049
procuring or improving motor vehicles or accounts receivable.	7050

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

7051

(1) "Certified engine configuration" means a new, rebuilt, or	7052
remanufactured engine configuration that satisfies divisions	7053
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	7054
section:	7055

(a) It has been certified by the administrator of the United	7056
States environmental protection agency or the California air	7057
resources board.	7058

(b) It meets or is rebuilt or remanufactured to a more	7059
stringent set of engine emission standards than when originally	7060
manufactured, as determined pursuant to Subtitle G of Title VII of	7061
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	7062
et seq.	7063

(c) In the case of a certified engine configuration involving	7064
the replacement of an existing engine, an engine configuration	7065
that replaced an engine that was removed from the vehicle and	7066
returned to the supplier for remanufacturing to a more stringent	7067
set of engine emissions standards or for scrappage.	7068

(2) "Section 793" means section 793 of the Energy Policy Act	7069
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	7070

(3) "Verified technology" means a pollution control	7071
technology, including a retrofit technology, advanced truckstop	7072
electrification system, or auxiliary power unit, that has been	7073
verified by the administrator of the United States environmental	7074
protection agency or the California air resources board.	7075

(B) For the purpose of reducing emissions from diesel	7076
engines, the director of environmental protection shall administer	7077
a diesel emissions reduction grant program and a diesel emissions	7078
reduction revolving loan program. The programs shall provide for	7079
the implementation in this state of section 793 and shall	7080
otherwise be administered in compliance with the requirements of	7081
section 793, and any regulations issued pursuant to that section.	7082

The director shall apply to the administrator of the United	7083
States environmental protection agency for grant or loan funds	7084
available under section 793 to help fund the diesel emissions	7085
reduction grant program and the diesel emissions reduction	7086
revolving loan program.	7087

(C) ~~There is hereby created in the state treasury the diesel~~	7088
~~emissions grant fund consisting of money appropriated to it by the~~	7089
~~general assembly, any grants obtained from the federal government~~	7090
~~under section 793, and any other grants, gifts, or other~~	7091
~~contributions of money made to the credit of the fund. Money in~~	7092
~~the fund shall be used for the purpose of making grants for~~	7093
~~projects relating to certified engine configurations and verified~~	7094
~~technologies in a manner consistent with the requirements of~~	7095
~~section 793 and any regulations issued under that section.~~	7096
~~Interest earned from moneys in the fund shall be used to~~	7097
~~administer the diesel emissions reduction grant program.~~	7098

~~(D)~~ There is hereby created in the state treasury the diesel	7099
emissions reduction revolving loan fund consisting of money	7100
appropriated to it by the general assembly, any grants obtained	7101
from the federal government under section 793, and any other	7102
grants, gifts, or other contributions of money made to the credit	7103
of the fund. Money in the fund shall be used for the purpose of	7104
making loans for projects relating to certified engine	7105
configurations and verified technologies in a manner consistent	7106
with the requirements of section 793 and any regulations issued	7107
pursuant to that section. Interest earned from moneys in the fund	7108
shall be used to administer the diesel emissions reduction	7109
revolving loan program.	7110

Sec. 123.01. (A) The department of administrative services,	7111
in addition to those powers enumerated in Chapters 124. and 125.	7112
of the Revised Code and provided elsewhere by law, shall exercise	7113
the following powers:	7114

(1) To prepare and suggest comprehensive plans for the	7115
development of grounds and buildings under the control of a state	7116
agency;	7117

(2) To acquire, by purchase, gift, devise, lease, or grant,	7118
all real estate required by a state agency, in the exercise of	7119
which power the department may exercise the power of eminent	7120
domain, in the manner provided by sections 163.01 to 163.22 of the	7121
Revised Code;	7122

(3) To erect, supervise, and maintain all public monuments	7123
and memorials erected by the state, except where the supervision	7124
and maintenance is otherwise provided by law;	7125

(4) To procure, by lease, storage accommodations for a state	7126
agency;	7127

(5) To lease or grant easements or licenses for unproductive	7128
and unused lands or other property under the control of a state	7129
agency. Such leases, easements, or licenses may be granted to any	7130
person or entity, shall be for a period not to exceed fifteen	7131
years, and shall be executed for the state by the director of	7132
administrative services, provided that the director shall grant	7133
leases, easements, or licenses of university land for periods not	7134
to exceed twenty-five years for purposes approved by the	7135
respective university's board of trustees wherein the uses are	7136
compatible with the uses and needs of the university and may grant	7137
leases of university land for periods not to exceed forty years	7138
for purposes approved by the respective university's board of	7139
trustees pursuant to section 123.17 of the Revised Code.	7140

(6) To lease space for the use of a state agency;

7141

(7) To have general supervision and care of the storerooms,	7142
offices, and buildings leased for the use of a state agency;	7143

(8) To exercise general custodial care of all real property	7144
of the state;	7145

(9) To assign and group together state offices in any city in	7146
the state and to establish, in cooperation with the state agencies	7147
involved, rules governing space requirements for office or storage	7148
use;	7149

(10) To lease for a period not to exceed forty years,	7150
pursuant to a contract providing for the construction thereof	7151
under a lease-purchase plan, buildings, structures, and other	7152
improvements for any public purpose, and, in conjunction	7153
therewith, to grant leases, easements, or licenses for lands under	7154
the control of a state agency for a period not to exceed forty	7155
years. The lease-purchase plan shall provide that at the end of	7156
the lease period, the buildings, structures, and related	7157
improvements, together with the land on which they are situated,	7158
shall become the property of the state without cost.	7159

(a) Whenever any building, structure, or other improvement is	7160
to be so leased by a state agency, the department shall retain	7161
either basic plans, specifications, bills of materials, and	7162
estimates of cost with sufficient detail to afford bidders all	7163
needed information or, alternatively, all of the following plans,	7164
details, bills of materials, and specifications:	7165

(i) Full and accurate plans suitable for the use of mechanics	7166
and other builders in the improvement;	7167

(ii) Details to scale and full sized, so drawn and	7168
represented as to be easily understood;	7169

(iii) Accurate bills showing the exact quantity of different	7170
kinds of material necessary to the construction;	7171

(iv) Definite and complete specifications of the work to be	7172
performed, together with such directions as will enable a	7173
competent mechanic or other builder to carry them out and afford	7174
bidders all needed information;	7175

(v) A full and accurate estimate of each item of expense and	7176
of the aggregate cost thereof.	7177

(b) The department shall give public notice, in such	7178
newspaper, in such form, and with such phraseology as the director	7179
of administrative services prescribes, published once each week	7180
for four consecutive weeks, of the time when and place where bids	7181
will be received for entering into an agreement to lease to a	7182
state agency a building, structure, or other improvement. The last	7183
publication shall be at least eight days preceding the day for	7184
opening the bids. The bids shall contain the terms upon which the	7185
builder would propose to lease the building, structure, or other	7186
improvement to the state agency. The form of the bid approved by	7187
the department shall be used, and a bid is invalid and shall not	7188
be considered unless that form is used without change, alteration,	7189
or addition. Before submitting bids pursuant to this section, any	7190
builder shall comply with Chapter 153. of the Revised Code.	7191

(c) On the day and at the place named for receiving bids for	7192
entering into lease agreements with a state agency, the director	7193
of administrative services shall open the bids and shall publicly	7194
proceed immediately to tabulate the bids upon duplicate sheets. No	7195
lease agreement shall be entered into until the bureau of workers'	7196
compensation has certified that the person to be awarded the lease	7197
agreement has complied with Chapter 4123. of the Revised Code,	7198
until, if the builder submitting the lowest and best bid is a	7199
foreign corporation, the secretary of state has certified that the	7200
corporation is authorized to do business in this state, until, if	7201
the builder submitting the lowest and best bid is a person	7202
nonresident of this state, the person has filed with the secretary	7203
of state a power of attorney designating the secretary of state as	7204
its agent for the purpose of accepting service of summons in any	7205
action brought under Chapter 4123. of the Revised Code, and until	7206
the agreement is submitted to the attorney general and the	7207
attorney general's approval is certified thereon. Within thirty	7208
days after the day on which the bids are received, the department	7209
shall investigate the bids received and shall determine that the	7210
bureau and the secretary of state have made the certifications	7211
required by this section of the builder who has submitted the	7212
lowest and best bid. Within ten days of the completion of the	7213
investigation of the bids, the department shall award the lease	7214
agreement to the builder who has submitted the lowest and best bid	7215
and who has been certified by the bureau and secretary of state as	7216
required by this section. If bidding for the lease agreement has	7217
been conducted upon the basis of basic plans, specifications,	7218
bills of materials, and estimates of costs, upon the award to the	7219
builder the department, or the builder with the approval of the	7220
department, shall appoint an architect or engineer licensed in	7221
this state to prepare such further detailed plans, specifications,	7222
and bills of materials as are required to construct the building,	7223
structure, or improvement. The department shall adopt such rules	7224
as are necessary to give effect to this section. The department	7225
may reject any bid. Where there is reason to believe there is	7226
collusion or combination among bidders, the bids of those	7227
concerned therein shall be rejected.	7228

(11) To acquire by purchase, gift, devise, or grant and to	7229
transfer, lease, or otherwise dispose of all real property	7230
required to assist in the development of a conversion facility as	7231
defined in section 5709.30 of the Revised Code as that section	7232
existed before its repeal by Amended Substitute House Bill 95 of	7233
the 125th general assembly;	7234

(12) To lease for a period not to exceed forty years,	7235
notwithstanding any other division of this section, the	7236
state-owned property located at 408-450 East Town Street,	7237
Columbus, Ohio, formerly the state school for the deaf, to a	7238
developer in accordance with this section. "Developer," as used in	7239
this section, has the same meaning as in section 123.77 of the	7240
Revised Code.	7241

Such a lease shall be for the purpose of development of the	7242
land for use by senior citizens by constructing, altering,	7243
renovating, repairing, expanding, and improving the site as it	7244
existed on June 25, 1982. A developer desiring to lease the land	7245
shall prepare for submission to the department a plan for	7246
development. Plans shall include provisions for roads, sewers,	7247
water lines, waste disposal, water supply, and similar matters to	7248
meet the requirements of state and local laws. The plans shall	7249
also include provision for protection of the property by insurance	7250
or otherwise, and plans for financing the development, and shall	7251
set forth details of the developer's financial responsibility.	7252

The department may employ, as employees or consultants,	7253
persons needed to assist in reviewing the development plans. Those	7254
persons may include attorneys, financial experts, engineers, and	7255
other necessary experts. The department shall review the	7256
development plans and may enter into a lease if it finds all of	7257
the following:	7258

(a) The best interests of the state will be promoted by	7259
entering into a lease with the developer;	7260

(b) The development plans are satisfactory;

7261

(c) The developer has established the developer's financial	7262
responsibility and satisfactory plans for financing the	7263
development.	7264

The lease shall contain a provision that construction or	7265
renovation of the buildings, roads, structures, and other	7266
necessary facilities shall begin within one year after the date of	7267
the lease and shall proceed according to a schedule agreed to	7268
between the department and the developer or the lease will be	7269
terminated. The lease shall contain such conditions and	7270
stipulations as the director considers necessary to preserve the	7271
best interest of the state. Moneys received by the state pursuant	7272
to this lease shall be paid into the general revenue fund. The	7273
lease shall provide that at the end of the lease period the	7274
buildings, structures, and related improvements shall become the	7275
property of the state without cost.	7276

(13) To manage the use of space owned and controlled by the	7277
department, including space in property under the jurisdiction of	7278
the Ohio building authority, by doing all of the following:	7279

(a) Biennially implementing, by state agency location, a	7280
census of agency employees assigned space;	7281

(b) Periodically in the discretion of the director of	7282
administrative services:	7283

(i) Requiring each state agency to categorize the use of	7284
space allotted to the agency between office space, common areas,	7285
storage space, and other uses, and to report its findings to the	7286
department;	7287

(ii) Creating and updating a master space utilization plan	7288
for all space allotted to state agencies. The plan shall	7289
incorporate space utilization metrics.	7290

(iii) Conducting a cost-benefit analysis to determine the	7291
effectiveness of state-owned buildings;	7292

(iv) Assessing the alternatives associated with consolidating	7293
the commercial leases for buildings located in Columbus.	7294

(c) Commissioning a comprehensive space utilization and	7295
capacity study in order to determine the feasibility of	7296
consolidating existing commercially leased space used by state	7297
agencies into a new state-owned facility.	7298

(14) To adopt rules to ensure that energy efficiency and	7299
conservation is considered in the purchase of products and	7300
equipment, except motor vehicles, by any state agency, department,	7301
division, bureau, office, unit, board, commission, authority,	7302
quasi-governmental entity, or institution. The department may	7303
require minimum energy efficiency standards for purchased products	7304
and equipment based on federal testing and labeling if available	7305
or on standards developed by the department. When possible, the	7306
rules shall apply to the competitive selection of energy consuming	7307
systems, components, and equipment under Chapter 125. of the	7308
Revised Code.	7309

(15) To ensure energy efficient and energy conserving	7310
purchasing practices by doing all of the following:	7311

(a) Identifying available energy efficiency and conservation	7312
opportunities;	7313

(b) Providing for interchange of information among purchasing	7314
agencies;	7315

(c) Identifying laws, policies, rules, and procedures that	7316
should be modified;	7317

(d) Monitoring experience with and the cost-effectiveness of	7318
this state's purchase and use of motor vehicles and of major	7319
energy-consuming systems, components, equipment, and products	7320
having a significant impact on energy consumption by the	7321
government;	7322

(e) Providing technical assistance and training to state	7323
employees involved in the purchasing process;	7324

(f) Working with the ~~department of~~ development services	7325
agency to make recommendations regarding planning and	7326
implementation of purchasing policies and procedures that are	7327
supportive of energy efficiency and conservation.	7328

(16) To require all state agencies, departments, divisions,	7329
bureaus, offices, units, commissions, boards, authorities,	7330
quasi-governmental entities, institutions, and state institutions	7331
of higher education to implement procedures to ensure that all of	7332
the passenger automobiles they acquire in each fiscal year, except	7333
for those passenger automobiles acquired for use in law	7334
enforcement or emergency rescue work, achieve a fleet average fuel	7335
economy of not less than the fleet average fuel economy for that	7336
fiscal year as the department shall prescribe by rule. The	7337
department shall adopt the rule prior to the beginning of the	7338
fiscal year, in accordance with the average fuel economy standards	7339
established by federal law for passenger automobiles manufactured	7340
during the model year that begins during the fiscal year.	7341

Each state agency, department, division, bureau, office,	7342
unit, commission, board, authority, quasi-governmental entity,	7343
institution, and state institution of higher education shall	7344
determine its fleet average fuel economy by dividing the total	7345
number of passenger vehicles acquired during the fiscal year,	7346
except for those passenger vehicles acquired for use in law	7347
enforcement or emergency rescue work, by a sum of terms, each of	7348
which is a fraction created by dividing the number of passenger	7349
vehicles of a given make, model, and year, except for passenger	7350
vehicles acquired for use in law enforcement or emergency rescue	7351
work, acquired during the fiscal year by the fuel economy measured	7352
by the administrator of the United States environmental protection	7353
agency, for the given make, model, and year of vehicle, that	7354
constitutes an average fuel economy for combined city and highway	7355
driving.	7356

As used in division (A)(16) of this section, "acquired" means	7357
leased for a period of sixty continuous days or more, or	7358
purchased.	7359

(B) This section and section 125.02 of the Revised Code shall	7360
not interfere with any of the following:	7361

(1) The power of the adjutant general to purchase military	7362
supplies, or with the custody of the adjutant general of property	7363
leased, purchased, or constructed by the state and used for	7364
military purposes, or with the functions of the adjutant general	7365
as director of state armories;	7366

(2) The power of the director of transportation in acquiring	7367
rights-of-way for the state highway system, or the leasing of	7368
lands for division or resident district offices, or the leasing of	7369
lands or buildings required in the maintenance operations of the	7370
department of transportation, or the purchase of real property for	7371
garage sites or division or resident district offices, or in	7372
preparing plans and specifications for and constructing such	7373
buildings as the director may require in the administration of the	7374
department;	7375

(3) The power of the director of public safety and the	7376
registrar of motor vehicles to purchase or lease real property and	7377
buildings to be used solely as locations to which a deputy	7378
registrar is assigned pursuant to division (B) of section 4507.011	7379
of the Revised Code and from which the deputy registrar is to	7380
conduct the deputy registrar's business, the power of the director	7381
of public safety to purchase or lease real property and buildings	7382
to be used as locations for division or district offices as	7383
required in the maintenance of operations of the department of	7384
public safety, and the power of the superintendent of the state	7385
highway patrol in the purchase or leasing of real property and	7386
buildings needed by the patrol, to negotiate the sale of real	7387
property owned by the patrol, to rent or lease real property owned	7388
or leased by the patrol, and to make or cause to be made repairs	7389
to all property owned or under the control of the patrol;	7390

(4) The power of the division of liquor control in the	7391
leasing or purchasing of retail outlets and warehouse facilities	7392
for the use of the division;	7393

(5) The power of the director of development services to	7394
enter into leases of real property, buildings, and office space to	7395
be used solely as locations for the state's foreign offices to	7396
carry out the purposes of section 122.05 of the Revised Code;	7397

(6) The power of the director of environmental protection to	7398
enter into environmental covenants, to grant and accept easements,	7399
or to sell property pursuant to division (G) of section 3745.01 of	7400
the Revised Code.	7401

(C) Purchases for, and the custody and repair of, buildings	7402
under the management and control of the capitol square review and	7403
advisory board, the rehabilitation services commission, the bureau	7404
of workers' compensation, or the departments of public safety, job	7405
and family services, ~~mental health~~mental health and addiction	7406
services, developmental disabilities, and rehabilitation and	7407
correction; buildings of educational and benevolent institutions	7408
under the management and control of boards of trustees; and	7409
purchases or leases for, and the custody and repair of, office	7410
space used for the purposes of the joint legislative ethics	7411
committee are not subject to the control and jurisdiction of the	7412
department of administrative services.	7413

If the joint legislative ethics committee so requests, the	7414
committee and the director of administrative services may enter	7415
into a contract under which the department of administrative	7416
services agrees to perform any services requested by the committee	7417
that the department is authorized under this section to perform.	7418

(D) Unless the house of representatives notifies the	7419
department of administrative services that the house of	7420
representatives opts out, purchases for the maintenance, care,	7421
custodial care, utility costs, and repair of office space used by	7422
the house of representatives are subject to the control and	7423
jurisdiction of the department. If the house of representatives	7424
opts out, the house of representatives may enter into a contract	7425
for the purchase of any such services as is permitted under	7426
sections 125.02 and 125.04 of the Revised Code and the department	7427
shall pay the costs of the purchase and shall not charge the house	7428
of representatives service fees related to the purchase.	7429

(E) Any instrument by which real property is acquired	7430
pursuant to this section shall identify the agency of the state	7431
that has the use and benefit of the real property as specified in	7432
section 5301.012 of the Revised Code.	7433

Sec. 123.10. (A) As used in this section and section 123.11	7434
of the Revised Code, "public exigency" means an injury or	7435
obstruction that occurs in any public works of the state	7436
maintained by the director of administrative services and that	7437
materially impairs its immediate use or places in jeopardy	7438
property adjacent to it; an immediate danger of such an injury or	7439
obstruction; or an injury or obstruction, or an immediate danger	7440
of an injury or obstruction, that occurs in any public works of	7441
the state maintained by the director of administrative services	7442
and that materially impairs its immediate use or places in	7443
jeopardy property adjacent to it.	7444

(B) When a declaration of public exigency is issued pursuant	7445
to division (C) of this section, ~~the director of administrative~~	7446
~~services may request~~ the Ohio facilities construction commission	7447
toshall enter into contracts with proper persons for the	7448
performance of labor, the furnishing of materials, or the	7449
construction of any structures and buildings necessary to the	7450
maintenance, control, and management of the public works of the	7451
state or any part of those public works. Any contracts awarded for	7452
the work performed pursuant to the declaration of a public	7453
exigency may be awarded without competitive bidding or selection	7454
as set forth in Chapter 153. of the Revised Code.	7455

(C) The executive director of ~~administrative services~~the	7456
Ohio facilities construction commission may issue a declaration of	7457
a public exigency on the executive director's own initiative or	7458
upon the request of the director of any state agency. The	7459
executive director's declaration shall identify the specific	7460
injury, obstruction, or danger that is the subject of the	7461
declaration and shall set forth a dollar limitation for the	7462
repair, removal, or prevention of that exigency under the	7463
declaration.	7464

Before any project to repair, remove, or prevent a public	7465
exigency under the executive director's declaration may begin, the	7466
executive director shall send notice of the project, in writing,	7467
to the director of budget and management and to the members of the	7468
controlling board. That notice shall detail the project to be	7469
undertaken to address the public exigency and shall include a copy	7470
of the executive director's declaration that establishes the	7471
monetary limitations on that project.	7472

Sec. 123.11. When a public exigency, as defined in division	7473
(A) of section 123.10 of the Revised Code, exists, the executive	7474
director of ~~administrative services~~the Ohio facilities	7475
construction commission may take possession of lands and use them,	7476
or materials and other property necessary for the maintenance,	7477
protection, or repair of the public works, in accordance with	7478
sections 163.01 to 163.22 of the Revised Code.	7479

Sec. 123.19. There is hereby established in the state	7480
treasury the theater equipment maintenance fund. All appropriate	7481
theater-related revenues of the department of administrative	7482
services, as determined by the department, shall be credited to	7483
that fund and to any accounts created in that fund with the	7484
department's approval. All appropriate theater-related expenses of	7485
the department, as determined by the department, including	7486
reimbursement of, or payment to, any other fund or any	7487
governmental agency for advances made or services rendered to or	7488
on behalf of the department, shall be paid from that fund as	7489
determined by or pursuant to directions of the department. All	7490
investment earnings of that fund shall be credited to it and shall	7491
be allocated among any accounts created in the fund in the manner	7492
determined by the department.	7493

Sec. 123.201. (A) There is hereby created in the state	7494
treasury the Ohio facilities construction commission fund,	7495
consisting of transfers of moneys authorized by the general	7496
assembly and revenues received by the Ohio facilities construction	7497
commission under section 123.21 of the Revised Code. Investment	7498
earnings on moneys in the fund shall be credited to the fund.	7499
Moneys in the fund may be used by the commission, in performing	7500
its duties under this chapter, to pay personnel and other	7501
administrative expenses, to pay the cost of preparing building	7502
design specifications, to pay the cost of providing project	7503
management services, and for other purposes determined by the	7504
commission to be necessary to fulfill its duties under this	7505
chapter.	7506

(B)(1) There is hereby created in the state treasury the	7507
cultural and sports facilities building fund, consisting of	7508
proceeds of obligations authorized to pay costs of Ohio cultural	7509
facilities and Ohio sports facilities for which appropriations are	7510
made by the general assembly. All investment earnings of the fund	7511
shall be credited to the fund.	7512

(2) Upon the request of the executive director of the Ohio	7513
facilities construction commission and subject to applicable tax	7514
law limitations, the director of budget and management may	7515
transfer to the Ohio cultural facilities administration fund	7516
moneys credited to the cultural and sports facilities building	7517
fund to pay the costs of administering projects funded through the	7518
cultural and sports facilities building fund.	7519

(C) There is hereby created in the state treasury the Ohio	7520
cultural facilities administration fund, consisting of transfers	7521
of money authorized by the general assembly and revenues received	7522
by the commission under division (A)(9) of section 123.21 of the	7523
Revised Code. Moneys in the fund may be used by the Ohio	7524
facilities construction commission in administering projects	7525
funded through the cultural and sports facilities building fund	7526
pursuant to sections 123.28 and 128.281 of the Revised Code. All	7527
investment earnings of that fund shall be credited to it and shall	7528
be allocated among any accounts created in the fund in the manner	7529
determined by the commission.	7530

(D)(1) There is hereby created in the state treasury the	7531
capital donations fund, which shall be administered by the Ohio	7532
facilities construction commission. The fund consists of gifts,	7533
grants, devises, bequests, and other financial contributions made	7534
to the commission for the construction or improvement of cultural	7535
and sports facilities and shall be used in accordance with the	7536
specific purposes for which the gifts, grants, devises, bequests,	7537
or other financial contributions are made. All investment earnings	7538
of the fund shall be credited to the fund. Chapters 123., 125.,	7539
127., and 153. and section 3517.13 of the Revised Code do not	7540
apply to contract obligations paid from the fund, notwithstanding	7541
anything to the contrary in those chapters or that section.	7542

(2) Not later than one month following the end of each	7543
quarter of the fiscal year, the commission shall allocate the	7544
amounts credited to the fund from investment earnings during that	7545
preceding quarter of the fiscal year among the specific projects	7546
for which they are to be used and shall certify this information	7547
to the director of budget and management.	7548

(3) If the amounts credited to the fund for a particular	7549
project exceed what is required to complete that project, the	7550
commission may refund any of those excess amounts, including	7551
unexpended investment earnings attributable to those amounts, to	7552
the entity from which they were received.	7553

Sec. 123.21. (A) The Ohio facilities construction commission	7554
may perform any act and ensure the performance of any function	7555
necessary or appropriate to carry out the purposes of, and	7556
exercise the powers granted under this chapter or any other	7557
provision of the Revised Code, including any of the following:	7558

(1) Prepare, or contract to be prepared, by licensed	7559
engineers or architects, surveys, general and detailed plans,	7560
specifications, bills of materials, and estimates of cost for any	7561
projects, improvements, or public buildings to be constructed by	7562
state agencies that may be authorized by legislative	7563
appropriations or any other funds made available therefor,	7564
provided that the construction of the projects, improvements, or	7565
public buildings is a statutory duty of the commission. This	7566
section does not require the independent employment of an	7567
architect or engineer as provided by section 153.01 of the Revised	7568
Code in the cases to which section 153.01 of the Revised Code	7569
applies. This section does not affect or alter the existing powers	7570
of the director of transportation.	7571

(2) Have general supervision over the construction of any	7572
projects, improvements, or public buildings constructed for a	7573
state agency and over the inspection of materials prior to their	7574
incorporation into those projects, improvements, or buildings.	7575

(3) Make contracts for and supervise the design and	7576
construction of any projects and improvements or the construction	7577
and repair of buildings under the control of a state agency. All	7578
such contracts may be based in whole or in part on the unit price	7579
or maximum estimated cost, with payment computed and made upon	7580
actual quantities or units.	7581

(4) Adopt, amend, and rescind rules pertaining to the	7582
administration of the construction of the public works of the	7583
state as required by law, in accordance with Chapter 119. of the	7584
Revised Code.	7585

(5) Contract with, retain the services of, or designate, and	7586
fix the compensation of, such agents, accountants, consultants,	7587
advisers, and other independent contractors as may be necessary or	7588
desirable to carry out the programs authorized under this chapter,	7589
or authorize the executive director to perform such powers and	7590
duties.	7591

(6) Receive and accept any gifts, grants, donations, and	7592
pledges, and receipts therefrom, to be used for the programs	7593
authorized under this chapter.	7594

(7) Make and enter into all contracts, commitments, and	7595
agreements, and execute all instruments, necessary or incidental	7596
to the performance of its duties and the execution of its rights	7597
and powers under this chapter, or authorize the executive director	7598
to perform such powers and duties.	7599

(8) Debar a contractor as provided in section 153.02 of the	7600
Revised Code.	7601

(9) Enter into and administer cooperative agreements for	7602
cultural projects, as provided in sections 123.28 and 123.281 of	7603
the Revised Code.	7604

(B) The commission shall appoint and fix the compensation of	7605
an executive director who shall serve at the pleasure of the	7606
commission. The executive director shall exercise all powers that	7607
the commission possesses, supervise the operations of the	7608
commission, and perform such other duties as delegated by the	7609
commission. The executive director also shall employ and fix the	7610
compensation of such employees as will facilitate the activities	7611
and purposes of the commission, who shall serve at the pleasure of	7612
the executive director. The employees of the commission are exempt	7613
from Chapter 4117. of the Revised Code and are not considered	7614
public employees as defined in section 4117.01 of the Revised	7615
Code. Any agreement entered into prior to July 1, 2012, between	7616
the office of collective bargaining and the exclusive	7617
representative for employees of the commission is binding and	7618
shall continue to have effect.	7619

(C) The attorney general shall serve as the legal	7620
representative for the commission and may appoint other counsel as	7621
necessary for that purpose in accordance with section 109.07 of	7622
the Revised Code.	7623

Sec. 123.27. (A) As used in this section:

7624

"Capital facilities project" means the construction,	7625
reconstruction, improvement, enlargement, alteration, or repair of	7626
a building by a public entity.	7627

"Public entity" includes a state agency and a state	7628
institution of higher education.	7629

"State institution of higher education" has the same meaning	7630
as in section 3345.011 of the Revised Code.	7631

(B) Commencing not later than July 1, 2012, and upon	7632
completion of a capital facilities project that is funded wholly	7633
or in part using state funds, each public entity shall submit a	7634
report about the project to the executive director of the Ohio	7635
facilities construction commission. The report shall be submitted	7636
in Ohio administrative knowledge system capital improvement format	7637
or in a manner determined by the executive director and not later	7638
than thirty days after the project is complete. The report shall	7639
provide the total original contract bid, total cost of change	7640
orders, total actual cost of the project, total costs incurred for	7641
mediation and litigation services, and any other data requested by	7642
the executive director. The first report submitted pursuant to	7643
this division shall include information about any capital	7644
facilities project completed on or after July 1, 2011. Any capital	7645
facilities project that is funded wholly or in part through	7646
appropriations made to the Ohio school facilities commission,or	7647
the Ohio public works commission, ~~or the Ohio cultural facilities~~	7648
~~commission,~~ or for which a joint use agreement has been entered	7649
into with any public entity, is exempt from the reporting	7650
requirement prescribed under this division.	7651

(C) Commencing not later than July 1, 2012, and annually	7652
thereafter, the attorney general shall report to the executive	7653
director of the Ohio facilities construction commission on any	7654
mediation and litigation costs associated with capital facilities	7655
projects for which a judgment has been rendered. The report shall	7656
be submitted in a manner prescribed by the executive director and	7657
shall contain any information requested by the executive director	7658
related to capital facilities project mediation and litigation	7659
costs.	7660

(D) As soon as practicable after such information is made	7661
available, the executive director of the Ohio facilities	7662
construction commission shall incorporate the information reported	7663
pursuant to divisions (B) and (C) of this section into the Ohio	7664
administrative knowledge system.	7665

~~Sec. 3383.01.~~ Sec. 123.28. As used in this ~~chapter~~section and in	7666
section 123.281 of the Revised Code:	7667

(A) "Culture" means any of the following:

7668

(1) Visual, musical, dramatic, graphic, design, and other	7669
arts, including, but not limited to, architecture, dance,	7670
literature, motion pictures, music, painting, photography,	7671
sculpture, and theater, and the provision of training or education	7672
in these arts;	7673

(2) The presentation or making available, in museums or other	7674
indoor or outdoor facilities, of principles of science and their	7675
development, use, or application in business, industry, or	7676
commerce or of the history, heritage, development, presentation,	7677
and uses of the arts described in division (A)(1) of this section	7678
and of transportation;	7679

(3) The preservation, presentation, or making available of	7680
features of archaeological, architectural, environmental, or	7681
historical interest or significance in a state historical facility	7682
or a local historical facility.	7683

(B) "Cultural organization" means either of the following:

7684

(1) A governmental agency or Ohio nonprofit corporation,	7685
including the Ohio historical society, that provides programs or	7686
activities in areas directly concerned with culture;	7687

(2) A regional arts and cultural district as defined in	7688
section 3381.01 of the Revised Code.	7689

(C) "Cultural project" means all or any portion of an Ohio	7690
cultural facility for which the general assembly has ~~specifically~~	7691
~~authorized the spending of money, or~~ made an appropriation,	7692
~~pursuant to division (D)(3) or (E) of section 3383.07 of the~~	7693
~~Revised Code~~or has specifically authorized the spending of money	7694
or the making of rental payments relating to the financing of	7695
construction.	7696

(D) "Cooperative contract" means a contract between the Ohio	7697
~~cultural~~ facilities construction commission and a cultural	7698
organization providing the terms and conditions of the cooperative	7699
use of an Ohio cultural facility.	7700

(E) "Costs of operation" means amounts required to manage an	7701
Ohio cultural facility that are incurred following the completion	7702
of construction of its cultural project, provided that both of the	7703
following apply:	7704

(1) Those amounts either:

7705

(a) Have been committed to a fund dedicated to that purpose;

7706

(b) Equal the principal of any endowment fund, the income	7707
from which is dedicated to that purpose.	7708

(2) The commission and the cultural organization have	7709
executed an agreement with respect to either of those funds.	7710

(F) ~~"General building services" means general building~~	7711
~~services for an Ohio cultural facility or an Ohio sports facility,~~	7712
~~including, but not limited to, general custodial care, security,~~	7713
~~maintenance, repair, painting, decoration, cleaning, utilities,~~	7714
~~fire safety, grounds and site maintenance and upkeep, and~~	7715
~~plumbing.~~	7716

~~(G)~~ "Governmental agency" means ~~a state agency, a~~	7717
~~state-supported or state-assisted institution of higher education,~~	7718
a municipal corporation, county, township, or school district, a	7719
port authority created under Chapter 4582. of the Revised Code,	7720
any other political subdivision or special district in this state	7721
established by or pursuant to law, or any combination of these	7722
entities; except where otherwise indicated, the United States or	7723
any department, division, or agency of the United States, or any	7724
agency, commission, or authority established pursuant to an	7725
interstate compact or agreement.	7726

~~(H)~~(G) "Local contributions" means the value of an asset	7727
provided by or on behalf of a cultural organization from sources	7728
other than the state, the value and nature of which shall be	7729
approved by the Ohio ~~cultural~~ facilities construction commission,	7730
in its sole discretion. "Local contributions" may include the	7731
value of the site where a cultural project is to be constructed.	7732
All "local contributions," except a contribution attributable to	7733
such a site, shall be for the costs of construction of a cultural	7734
project or the creation or expansion of an endowment for the costs	7735
of operation of a cultural facility.	7736

~~(I)~~(H) "Local historical facility" means a site or facility,	7737
other than a state historical facility, of archaeological,	7738
architectural, environmental, or historical interest or	7739
significance, or a facility, including a storage facility,	7740
appurtenant to the operations of such a site or facility, that is	7741
owned by a cultural organization~~, provided the facility meets the~~	7742
~~requirements of division (K)(2)(b) of this section, is managed by~~	7743
~~or pursuant to a contract with the Ohio cultural facilities~~	7744
~~commission,~~ and is used for or in connection with ~~the~~cultural	7745
activities ~~of the commission~~, including the presentation or making	7746
available of culture to the public.	7747

~~(J)~~(I) "Manage," "operate," or "management" means the	7748
provision of, or the exercise of control over the provision of,	7749
activities:	7750

(1) Relating to culture for an Ohio cultural facility,	7751
including as applicable, but not limited to, providing for	7752
displays, exhibitions, specimens, and models; booking of artists,	7753
performances, or presentations; scheduling; and hiring or	7754
contracting for directors, curators, technical and scientific	7755
staff, ushers, stage managers, and others directly related to the	7756
cultural activities in the facility; but not including general	7757
building services;	7758

(2) Relating to sports and athletic events for an Ohio sports	7759
facility, including as applicable, but not limited to, providing	7760
for booking of athletes, teams, and events; scheduling; and hiring	7761
or contracting for staff, ushers, managers, and others directly	7762
related to the sports and athletic events in the facility; but not	7763
including general building services.	7764

~~(K)~~(J) "Ohio cultural facility" means any of the following:

7765

(1) The theaters located in the state office tower at 77	7766
South High street in Columbus;	7767

(2) Any ~~capital~~cultural facility in this state ~~to which both~~	7768
~~of the following apply:~~	7769

~~(a) The construction of a cultural project related to the~~	7770
~~facility was authorized or funded by the general assembly pursuant~~	7771
~~to division (D)(3) of section 3383.07 of the Revised Code and~~	7772
~~proceeds of state bonds are used for costs of the cultural~~	7773
~~project.~~	7774

~~(b) The facility~~that is managed directly by, or is subject	7775
to a cooperative or management contract with, the Ohio ~~cultural~~	7776
facilities construction commission~~, and is used for or in~~	7777
~~connection with the activities of the commission, including the~~	7778
~~presentation or making available of culture to the public and the~~	7779
~~provision of training or education in culture~~.	7780

(3) A state historical facility or a local historical	7781
facility.	7782

~~(L) "State agency" means the state or any of its branches,~~	7783
~~officers, boards, commissions, authorities, departments,~~	7784
~~divisions, or other units or agencies.~~	7785

~~(M)~~(K) "Construction" includes acquisition, including	7786
acquisition by lease-purchase, demolition, reconstruction,	7787
alteration, renovation, remodeling, enlargement, improvement, site	7788
improvements, and related equipping and furnishing.	7789

~~(N)~~(L) "State historical facility" means a site or facility	7790
that has all of the following characteristics:	7791

(1) It is created, supervised, operated, protected,	7792
maintained, and promoted by the Ohio historical society pursuant	7793
to the society's performance of public functions under sections	7794
149.30 and 149.302 of the Revised Code.	7795

(2) Its title must reside wholly or in part with the state,	7796
the society, or both the state and the society.	7797

(3) It is managed directly by or is subject to a cooperative	7798
or management contract with the Ohio ~~cultural~~ facilities	7799
construction commission and is used for or in connection with ~~the~~	7800
cultural activities ~~of the commission~~, including the presentation	7801
or making available of culture to the public.	7802

~~(O)~~(M) "Ohio sports facility" means all or a portion of a	7803
stadium, arena, tennis facility, motorsports complex, or other	7804
capital facility in this state. A primary purpose of the facility	7805
shall be to provide a site or venue for the presentation to the	7806
public of motorsports events, professional tennis tournaments, or	7807
events of one or more major or minor league professional athletic	7808
or sports teams that are associated with the state or with a city	7809
or region of the state. The facility shall be, in the case of a	7810
motorsports complex, owned by the state or governmental agency, or	7811
in all other instances, owned by or located on real property owned	7812
by the state or a governmental agency, and includes all parking	7813
facilities, walkways, and other auxiliary facilities, equipment,	7814
furnishings, and real and personal property and interests and	7815
rights therein, that may be appropriate for or used for or in	7816
connection with the facility or its operation, for capital costs	7817
of which state funds are spent pursuant to ~~this chapter~~this	7818
section and section 123.281 of the Revised Code. A facility	7819
constructed as an Ohio sports facility may be both an Ohio	7820
cultural facility and an Ohio sports facility.	7821

~~(P)~~(N) "Motorsports" means sporting events in which motor	7822
vehicles are driven on a clearly demarcated tracked surface.	7823

~~Sec. 3383.07.~~ Sec. 123.281. (A) The Ohio facilities construction	7824
commission shall provide for the construction of a cultural	7825
project in conformity with Chapter 153. of the Revised Code,	7826
except ~~as follows:~~	7827

~~(1) For a cultural project other than a state historical~~	7828
~~facility, construction services may be provided on behalf of the~~	7829
~~state by the Ohio cultural facilities commission, or by~~for	7830
construction services provided on behalf of the state by a	7831
governmental agency or a cultural organization in accordance with	7832
divisions (B) and (C) of this section.	7833

(B) In order for a governmental agency or a cultural	7834
organization ~~that occupies, will occupy, or is responsible for the~~	7835
~~Ohio cultural facility, as determined by the Ohio cultural~~	7836
~~facilities commission. For a project receiving a state~~	7837
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	7838
~~facilities commission may delegate to its executive director the~~	7839
~~authority to approve the provision of construction services by~~	7840
~~such an agency or organization, but not the authority to~~	7841
~~disapprove that provision. Construction services to be provided by~~	7842
~~a governmental agency or a cultural organization shall be~~	7843
~~specified in an agreement between the Ohio cultural facilities~~	7844
~~commission and the governmental agency or cultural organization.~~	7845
~~The agreement, or any actions taken under it, are not subject to~~	7846
~~Chapter 123. or 153. of the Revised Code, except for sections~~	7847
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	7848
~~Chapter 4115. of the Revised Code.~~	7849

~~(2) For a cultural project that is~~to provide construction	7850
services on behalf of the state for a cultural project, other than	7851
a state historical facility, for which the general assembly has	7852
made an appropriation or specifically authorized the spending of	7853
money or the making of rental payments relating to the financing	7854
of the construction, the governmental agency or cultural	7855
organization shall submit to the Ohio facilities construction	7856
commission a cooperative agreement that includes, but is not	7857
limited to, provisions that:	7858

(1) Specify how the proposed project will support culture, as	7859
defined in section 123.28 of the Revised Code;	7860

(2) Specify that the governmental agency or cultural	7861
organization has local contributions amounting to not less than	7862
fifty per cent of the total state funding for the cultural	7863
project;	7864

(3) Specify that the funds shall be used only for	7865
construction, as defined in section 123.28 of the Revised Code;	7866

(4) Identify the facility to be constructed, renovated,	7867
remodeled, or improved;	7868

(5) Specify that the project scope meets the intent and	7869
purpose of the project appropriation and that the project can be	7870
completed and ready for full occupancy without exceeding	7871
appropriated funds;	7872

(6) Specify that the governmental agency or cultural	7873
organization shall hold the Ohio facilities construction	7874
commission harmless from all liability for the operation and	7875
maintenance costs of the facility;	7876

(7) Specify that the agreement or any actions taken under it	7877
are not subject to Chapters 123. or 153. of the Revised Code,	7878
except for section 153.011 of the Revised Code, and are subject to	7879
Chapter 4115. of the Revised Code; and	7880

(8) Provide that amendments to the agreement shall require	7881
the approval of the Ohio facilities construction commission.	7882

(C) In order for a cultural organization to provide	7883
construction services on behalf of the state for a state	7884
historical facility~~, construction services may be provided by the~~	7885
~~Ohio cultural facilities commission or by a cultural organization~~	7886
~~that occupies, will occupy, or is responsible for the facility, as~~	7887
~~determined by the Ohio cultural facilities commission. For a~~	7888
~~facility receiving a state appropriation of fifty thousand dollars~~	7889
~~or less, the Ohio cultural facilities commission may delegate to~~	7890
~~its executive director the authority to approve the provision of~~	7891
~~construction services by such an organization, but not the~~	7892
~~authority to disapprove that provision. The construction services~~	7893
~~to be provided by the cultural organization shall be specified in~~	7894
~~an agreement between the Ohio cultural facilities commission and~~	7895
~~the cultural organization. That agreement, and any actions taken~~	7896
~~under it, are not subject to Chapter 123., 153., or 4115. of the~~	7897
~~Revised Code.~~	7898

~~(B) For an Ohio sports facility that is financed in part by~~	7899
~~obligations issued pursuant to Chapter 154. of the Revised Code,~~	7900
~~construction services shall be provided on behalf of the state by~~	7901
~~or at the direction of the governmental agency or nonprofit~~	7902
~~corporation that will own or be responsible for the management of~~	7903
~~the facility, all as determined by the Ohio cultural facilities~~	7904
~~commission. For a facility receiving a state appropriation of~~	7905
~~fifty thousand dollars or less, the Ohio cultural facilities~~	7906
~~commission may delegate to its executive director the authority to~~	7907
~~approve the provision of construction services by or at the~~	7908
~~direction of the agency or corporation, but not the authority to~~	7909
~~disapprove that provision. Any construction services to be~~	7910
~~provided by a governmental agency or nonprofit corporation shall~~	7911
~~be specified in an agreement between the Ohio cultural facilities~~	7912
~~commission and the governmental agency or nonprofit corporation.~~	7913
~~That agreement, and any actions taken under it, are not subject to~~	7914
~~Chapter 123. or 153. of the Revised Code, except for sections~~	7915
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	7916
~~Chapter 4115. of the Revised Code.~~	7917

~~(C) General building services for an Ohio cultural facility~~	7918
~~shall be provided by the Ohio cultural facilities commission or by~~	7919
~~a cultural organization that occupies, will occupy, or is~~	7920
~~responsible for the facility, as determined by the Ohio cultural~~	7921
~~facilities commission. For a facility receiving a state~~	7922
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	7923
~~facilities commission may delegate to its executive director the~~	7924
~~authority to approve the provision of general building services by~~	7925
~~such an organization, but not the authority to disapprove that~~	7926
~~provision. Alternatively, the Ohio building authority may elect to~~	7927
~~provide those services for Ohio cultural facilities financed with~~	7928
~~proceeds of state bonds issued by the authority. The costs of~~	7929
~~management and general building services shall be paid by the~~	7930
~~cultural organization that occupies, will occupy, or is~~	7931
~~responsible for the facility as provided in an agreement between~~	7932
~~the Ohio cultural facilities commission and the cultural~~	7933
~~organization, except that the state may pay for general building~~	7934
~~services for state-owned cultural facilities constructed on~~	7935
~~state-owned land.~~	7936

~~General building services for an Ohio sports facility shall~~	7937
~~be provided by or at the direction of the governmental agency or~~	7938
~~nonprofit corporation that will be responsible for the management~~	7939
~~of the facility, all as determined by the Ohio cultural facilities~~	7940
~~commission. For a facility receiving a state appropriation of~~	7941
~~fifty thousand dollars or less, the Ohio cultural facilities~~	7942
~~commission may delegate to its executive director the authority to~~	7943
~~approve the provision of general building services by or at the~~	7944
~~direction of the agency or corporation, but not the authority to~~	7945
~~disapprove that provision. Any general building services to be~~	7946
~~provided by a governmental agency or nonprofit corporation for an~~	7947
~~Ohio sports facility shall be specified in an agreement between~~	7948
~~the Ohio cultural facilities commission and the governmental~~	7949
~~agency or nonprofit corporation. That agreement, and any actions~~	7950
~~taken under it, are not subject to Chapter 123. or 153. of the~~	7951
~~Revised Code, except for sections 123.081 and 153.011 of the~~	7952
~~Revised Code, and shall be subject to Chapter 4115. of the Revised~~	7953
~~Code.~~	7954

~~(D) This division does not apply to a state historical~~	7955
~~facility. No state funds, including any state bond proceeds, shall~~	7956
~~be spent on the construction of any cultural project under this~~	7957
~~chapter unless, with respect to the cultural project and to the~~	7958
~~Ohio cultural facility related to the project, all of the~~	7959
~~following apply:~~	7960

~~(1) The Ohio cultural facilities commission has determined~~	7961
~~that there is a need for the cultural project and the Ohio~~	7962
~~cultural facility related to the project in the region of the~~	7963
~~state in which the Ohio cultural facility is located or for which~~	7964
~~the facility is proposed. For a project receiving a state~~	7965
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	7966
~~facilities commission may delegate to its executive director the~~	7967
~~authority to determine need but only in the affirmative.~~	7968

~~(2) The Ohio cultural facilities commission has determined~~	7969
~~that, as an indication of substantial regional support for the~~	7970
~~cultural project, the cultural organization has made provision~~	7971
~~satisfactory to the Ohio cultural facilities commission, in its~~	7972
~~sole discretion, for local contributions amounting to not less~~	7973
~~than fifty per cent of the total state funding for the cultural~~	7974
~~project. For a project receiving a state appropriation of fifty~~	7975
~~thousand dollars or less, the Ohio cultural facilities commission~~	7976
~~may delegate to its executive director the authority to determine~~	7977
~~the adequacy of the regional support but only in the affirmative.~~	7978

~~(3) The general assembly has specifically authorized the~~	7979
~~spending of money on, or made an appropriation for, the~~	7980
~~construction of the cultural project, or for rental payments~~	7981
~~relating to the financing of the construction of the cultural~~	7982
~~project. Authorization to spend money, or an appropriation, for~~	7983
~~planning the cultural project does not constitute authorization to~~	7984
~~spend money on, or an appropriation for, construction of the~~	7985
~~cultural project.~~	7986

~~(E) No state funds, including any state bond proceeds, shall~~	7987
~~be spent on the construction of any state historical facility~~	7988
~~under this chapter unless the general assembly has specifically~~	7989
~~authorized the spending of money on, or made an appropriation for,~~	7990
~~the construction of the state historical project related to the~~	7991
~~facility, or for rental payments relating to the financing of the~~	7992
~~construction of the state historical project. Authorization to~~	7993
~~spend money, or an appropriation, for planning the state~~	7994
~~historical project does not constitute authorization to spend~~	7995
~~money on, or an appropriation for, the construction of the state~~	7996
~~historical project.~~	7997

~~(F)~~for which the general assembly has made an appropriation	7998
or specifically authorized the spending of money or the making of	7999
rental payments relating to the financing of the construction, the	8000
cultural organization shall submit to the Ohio facilities	8001
construction commission a cooperative agreement that includes, but	8002
is not limited to, provisions that:	8003

(1) Specify how the proposed project will support culture, as	8004
defined in section 123.28 of the Revised Code;	8005

(2) Specify that the funds shall be used only for	8006
construction, as defined in section 123.28 of the Revised Code;	8007

(3) Identify the facility to be constructed, renovated,	8008
remodeled, or improved;	8009

(4) Specify that the project scope meets the intent and	8010
purpose of the project appropriation and that the project can be	8011
completed and ready for full occupancy without exceeding	8012
appropriated funds;	8013

(5) Specify that the cultural organization shall hold the	8014
Ohio facilities construction commission harmless from all	8015
liability for the operation and maintenance costs of the facility;	8016

(6) Specify that the agreement or any actions taken under it	8017
are not subject to Chapters 123., 153., or 4115. of the Revised	8018
Code; and	8019

(7) Provide that amendments to the agreement shall require	8020
the approval of the Ohio facilities construction commission.	8021

(D) State funds shall not be used to pay or reimburse more	8022
than fifteen per cent of the initial estimated construction cost	8023
of an Ohio sports facility, excluding any site acquisition cost,	8024
and no state funds, including any state bond proceeds, shall be	8025
spent on any Ohio sports facility under this chapter unless, with	8026
respect to that facility, all of the following apply:	8027

(1) The Ohio ~~cultural~~ facilities construction commission has	8028
~~determined that there is a need for the facility in the region of~~	8029
~~the state for which the facility is proposed to provide the~~	8030
~~function of an Ohio sports facility as provided for in this~~	8031
~~chapter. For a facility receiving a state appropriation of fifty~~	8032
~~thousand dollars or less, the Ohio cultural facilities commission~~	8033
~~may delegate to its executive director the authority to determine~~	8034
~~need but only in the affirmative.~~	8035

~~(2) As an indication of substantial local support for the~~	8036
~~facility, the Ohio cultural facilities commission has~~ received a	8037
financial and development plan satisfactory to it, and provision	8038
has been made, by agreement or otherwise, satisfactory to the ~~Ohio~~	8039
~~cultural facilities~~ commission, for a contribution amounting to	8040
not less than eighty-five per cent of the total estimated	8041
construction cost of the facility, excluding any site acquisition	8042
cost, from sources other than the state. ~~For a facility receiving~~	8043
~~a state appropriation of fifty thousand dollars or less, the Ohio~~	8044
~~cultural facilities commission may delegate to its executive~~	8045
~~director the authority to evaluate the financial and development~~	8046
~~plan and the contribution and to determine their adequacy but only~~	8047
~~in the affirmative.~~	8048

~~(3)~~(2) The general assembly has specifically authorized the	8049
spending of money on, or made an appropriation for, the	8050
construction of the facility, or for rental payments relating to	8051
state financing of all or a portion of the costs of constructing	8052
the facility. Authorization to spend money, or an appropriation,	8053
for planning or determining the feasibility of or need for the	8054
facility does not constitute authorization to spend money on, or	8055
an appropriation for, costs of constructing the facility.	8056

~~(4)~~(3) If state bond proceeds are being used for the Ohio	8057
sports facility, the state or a governmental agency owns or has	8058
sufficient property interests in the facility or in the site of	8059
the facility or in the portion or portions of the facility	8060
financed from proceeds of state bonds, which may include, but is	8061
not limited to, the right to use or to require the use of the	8062
facility for the presentation of sport and athletic events to the	8063
public at the facility.	8064

~~(G)~~(E) In addition to the requirements of division ~~(F)~~(D) of	8065
this section, no state funds, including any state bond proceeds,	8066
shall be spent on any Ohio sports facility that is a motorsports	8067
complex, unless, with respect to that facility, both of the	8068
following apply:	8069

(1) Motorsports events shall be presented at the facility	8070
pursuant to a lease entered into with the owner of the facility.	8071
The term of the lease shall be for a period of not less than the	8072
greater of the useful life of the portion of the facility financed	8073
from proceeds of state bonds as determined using the guidelines	8074
for maximum maturities as provided under divisions (B) and (C) of	8075
section 133.20 of the Revised Code, or the period of time	8076
remaining to the date of payment or provision for payment of	8077
outstanding state bonds allocable to costs of the facility, all as	8078
determined by the director of budget and management and certified	8079
by the executive director toof the Ohio ~~cultural~~ facilities	8080
construction commission and to the treasurer of state.	8081

(2) Any motorsports organization that commits to using the	8082
facility for an established period of time shall give the	8083
political subdivision in which the facility is located not less	8084
than six months' advance notice if the organization intends to	8085
cease utilizing the facility prior to the expiration of that	8086
established period. Such a motorsports organization shall be	8087
liable to the state for any state funds used on the construction	8088
costs of the facility.	8089

~~(H)~~(F) In addition to the requirements of division ~~(F)~~(D) of	8090
this section, no state bond proceeds shall be spent on any Ohio	8091
sports facility that is a tennis facility, unless the owner or	8092
manager of the facility provides contractual commitments from a	8093
national or international professional tennis organization in a	8094
form acceptable to the ~~cultural~~Ohio facilities construction	8095
commission that assures that one or more sanctioned professional	8096
tennis events will be presented at the facility during each year	8097
that the bonds remain outstanding.	8098

Sec. 124.11. The civil service of the state and the several	8099
counties, cities, civil service townships, city health districts,	8100
general health districts, and city school districts of the state	8101
shall be divided into the unclassified service and the classified	8102
service.	8103

(A) The unclassified service shall comprise the following	8104
positions, which shall not be included in the classified service,	8105
and which shall be exempt from all examinations required by this	8106
chapter:	8107

(1) All officers elected by popular vote or persons appointed	8108
to fill vacancies in those offices;	8109

(2) All election officers as defined in section 3501.01 of	8110
the Revised Code;	8111

(3)(a) The members of all boards and commissions, and heads	8112
of principal departments, boards, and commissions appointed by the	8113
governor or by and with the governor's consent;	8114

(b) The heads of all departments appointed by a board of	8115
county commissioners;	8116

(c) The members of all boards and commissions and all heads	8117
of departments appointed by the mayor, or, if there is no mayor,	8118
such other similar chief appointing authority of any city or city	8119
school district;	8120

Except as otherwise provided in division (A)(17) or (C) of	8121
this section, this chapter does not exempt the chiefs of police	8122
departments and chiefs of fire departments of cities or civil	8123
service townships from the competitive classified service.	8124

(4) The members of county or district licensing boards or	8125
commissions and boards of revision, and not more than five deputy	8126
county auditors;	8127

(5) All officers and employees elected or appointed by either	8128
or both branches of the general assembly, and employees of the	8129
city legislative authority engaged in legislative duties;	8130

(6) All commissioned, warrant, and noncommissioned officers	8131
and enlisted persons in the Ohio organized militia, including	8132
military appointees in the adjutant general's department;	8133

(7)(a) All presidents, business managers, administrative	8134
officers, superintendents, assistant superintendents, principals,	8135
deans, assistant deans, instructors, teachers, and such employees	8136
as are engaged in educational or research duties connected with	8137
the public school system, colleges, and universities, as	8138
determined by the governing body of the public school system,	8139
colleges, and universities;	8140

(b) The library staff of any library in the state supported	8141
wholly or in part at public expense.	8142

(8) Four clerical and administrative support employees for	8143
each of the elective state officers, four clerical and	8144
administrative support employees for each board of county	8145
commissioners and one such employee for each county commissioner,	8146
and four clerical and administrative support employees for other	8147
elective officers and each of the principal appointive executive	8148
officers, boards, or commissions, except for civil service	8149
commissions, that are authorized to appoint such clerical and	8150
administrative support employees;	8151

(9) The deputies and assistants of state agencies authorized	8152
to act for and on behalf of the agency, or holding a fiduciary or	8153
administrative relation to that agency and those persons employed	8154
by and directly responsible to elected county officials or a	8155
county administrator and holding a fiduciary or administrative	8156
relationship to such elected county officials or county	8157
administrator, and the employees of such county officials whose	8158
fitness would be impracticable to determine by competitive	8159
examination, provided that division (A)(9) of this section shall	8160
not affect those persons in county employment in the classified	8161
service as of September 19, 1961. Nothing in division (A)(9) of	8162
this section applies to any position in a county department of job	8163
and family services created pursuant to Chapter 329. of the	8164
Revised Code.	8165

(10) Bailiffs, constables, official stenographers, and	8166
commissioners of courts of record, deputies of clerks of the	8167
courts of common pleas who supervise or who handle public moneys	8168
or secured documents, and such officers and employees of courts of	8169
record and such deputies of clerks of the courts of common pleas	8170
as the appointing authority finds it impracticable to determine	8171
their fitness by competitive examination;	8172

(11) Assistants to the attorney general, special counsel	8173
appointed or employed by the attorney general, assistants to	8174
county prosecuting attorneys, and assistants to city directors of	8175
law;	8176

(12) Such teachers and employees in the agricultural	8177
experiment stations; such students in normal schools, colleges,	8178
and universities of the state who are employed by the state or a	8179
political subdivision of the state in student or intern	8180
classifications; and such unskilled labor positions as the	8181
director of administrative services, with respect to positions in	8182
the service of the state, or any municipal civil service	8183
commission may find it impracticable to include in the competitive	8184
classified service; provided such exemptions shall be by order of	8185
the commission or the director, duly entered on the record of the	8186
commission or the director with the reasons for each such	8187
exemption;	8188

(13) Any physician or dentist who is a full-time employee of	8189
the department of ~~mental health~~mental health and addiction	8190
services, the department of developmental disabilities, or an	8191
institution under the jurisdiction of either department; and	8192
physicians who are in residency programs at the institutions;	8193

(14) Up to twenty positions at each institution under the	8194
jurisdiction of the department of ~~mental health~~mental health and	8195
addiction services or the department of developmental disabilities	8196
that the department director determines to be primarily	8197
administrative or managerial; and up to fifteen positions in any	8198
division of either department, excluding administrative assistants	8199
to the director and division chiefs, which are within the	8200
immediate staff of a division chief and which the director	8201
determines to be primarily and distinctively administrative and	8202
managerial;	8203

(15) Noncitizens of the United States employed by the state,	8204
or its counties or cities, as physicians or nurses who are duly	8205
licensed to practice their respective professions under the laws	8206
of this state, or medical assistants, in mental or chronic disease	8207
hospitals, or institutions;	8208

(16) Employees of the governor's office;

8209

(17) Fire chiefs and chiefs of police in civil service	8210
townships appointed by boards of township trustees under section	8211
505.38 or 505.49 of the Revised Code;	8212

(18) Executive directors, deputy directors, and program	8213
directors employed by boards of alcohol, drug addiction, and	8214
mental health services under Chapter 340. of the Revised Code, and	8215
secretaries of the executive directors, deputy directors, and	8216
program directors;	8217

(19) Superintendents, and management employees as defined in	8218
section 5126.20 of the Revised Code, of county boards of	8219
developmental disabilities;	8220

(20) Physicians, nurses, and other employees of a county	8221
hospital who are appointed pursuant to sections 339.03 and 339.06	8222
of the Revised Code;	8223

(21) The executive director of the state medical board, who	8224
is appointed pursuant to division (B) of section 4731.05 of the	8225
Revised Code;	8226

(22) County directors of job and family services as provided	8227
in section 329.02 of the Revised Code and administrators appointed	8228
under section 329.021 of the Revised Code;	8229

(23) A director of economic development who is hired pursuant	8230
to division (A) of section 307.07 of the Revised Code;	8231

(24) Chiefs of construction and compliance, of operations and	8232
maintenance, of worker protection, and of licensing and	8233
certification in the division of industrial compliance in the	8234
department of commerce;	8235

(25) The executive director of a county transit system	8236
appointed under division (A) of section 306.04 of the Revised	8237
Code;	8238

(26) Up to five positions at each of the administrative	8239
departments listed in section 121.02 of the Revised Code and at	8240
the department of taxation, department of the adjutant general,	8241
department of education, Ohio board of regents, bureau of workers'	8242
compensation, industrial commission, state lottery commission, and	8243
public utilities commission of Ohio that the head of that	8244
administrative department or of that other state agency determines	8245
to be involved in policy development and implementation. The head	8246
of the administrative department or other state agency shall set	8247
the compensation for employees in these positions at a rate that	8248
is not less than the minimum compensation specified in pay range	8249
41 but not more than the maximum compensation specified in pay	8250
range 4447 of salary schedule E-2 in section 124.152 of the	8251
Revised Code. The authority to establish positions in the	8252
unclassified service under division (A)(26) of this section is in	8253
addition to and does not limit any other authority that an	8254
administrative department or state agency has under the Revised	8255
Code to establish positions, appoint employees, or set	8256
compensation.	8257

(27) Employees of the department of agriculture employed	8258
under section 901.09 of the Revised Code;	8259

(28) For cities, counties, civil service townships, city	8260
health districts, general health districts, and city school	8261
districts, the deputies and assistants of elective or principal	8262
executive officers authorized to act for and in the place of their	8263
principals or holding a fiduciary relation to their principals;	8264

(29) Employees who receive intermittent or temporary	8265
appointments under division (B) of section 124.30 of the Revised	8266
Code;	8267

(30) Employees appointed to administrative staff positions	8268
for which an appointing authority is given specific statutory	8269
authority to set compensation;	8270

(31) Employees appointed to highway patrol cadet or highway	8271
patrol cadet candidate classifications;	8272

(32) Employees placed in the unclassified service by another	8273
section of the Revised Code.	8274

(B) The classified service shall comprise all persons in the	8275
employ of the state and the several counties, cities, city health	8276
districts, general health districts, and city school districts of	8277
the state, not specifically included in the unclassified service.	8278
Upon the creation by the board of trustees of a civil service	8279
township civil service commission, the classified service shall	8280
also comprise, except as otherwise provided in division (A)(17) or	8281
(C) of this section, all persons in the employ of a civil service	8282
township police or fire department having ten or more full-time	8283
paid employees. The classified service consists of two classes,	8284
which shall be designated as the competitive class and the	8285
unskilled labor class.	8286

(1) The competitive class shall include all positions and	8287
employments in the state and the counties, cities, city health	8288
districts, general health districts, and city school districts of	8289
the state, and, upon the creation by the board of trustees of a	8290
civil service township of a township civil service commission, all	8291
positions in a civil service township police or fire department	8292
having ten or more full-time paid employees, for which it is	8293
practicable to determine the merit and fitness of applicants by	8294
competitive examinations. Appointments shall be made to, or	8295
employment shall be given in, all positions in the competitive	8296
class that are not filled by promotion, reinstatement, transfer,	8297
or reduction, as provided in this chapter, and the rules of the	8298
director of administrative services, by appointment from those	8299
certified to the appointing officer in accordance with this	8300
chapter.	8301

(2) The unskilled labor class shall include ordinary	8302
unskilled laborers. Vacancies in the labor class for positions in	8303
service of the state shall be filled by appointment from lists of	8304
applicants registered by the director or the director's designee.	8305
Vacancies in the labor class for all other positions shall be	8306
filled by appointment from lists of applicants registered by a	8307
commission. The director or the commission, as applicable, by	8308
rule, shall require an applicant for registration in the labor	8309
class to furnish evidence or take tests as the director or	8310
commission considers proper with respect to age, residence,	8311
physical condition, ability to labor, honesty, sobriety, industry,	8312
capacity, and experience in the work or employment for which	8313
application is made. Laborers who fulfill the requirements shall	8314
be placed on the eligible list for the kind of labor or employment	8315
sought, and preference shall be given in employment in accordance	8316
with the rating received from that evidence or in those tests.	8317
Upon the request of an appointing officer, stating the kind of	8318
labor needed, the pay and probable length of employment, and the	8319
number to be employed, the director or commission, as applicable,	8320
shall certify from the highest on the list double the number to be	8321
employed; from this number, the appointing officer shall appoint	8322
the number actually needed for the particular work. If more than	8323
one applicant receives the same rating, priority in time of	8324
application shall determine the order in which their names shall	8325
be certified for appointment.	8326

(C) A municipal or civil service township civil service	8327
commission may place volunteer firefighters who are paid on a	8328
fee-for-service basis in either the classified or the unclassified	8329
civil service.	8330

(D)(1) This division does not apply to persons in the	8331
unclassified service who have the right to resume positions in the	8332
classified service under sections 4121.121, ~~5119.071~~5119.18,	8333
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	8334
Revised Code or to cities, counties, or political subdivisions of	8335
the state.	8336

(2) A person who holds a position in the classified service	8337
of the state and who is appointed to a position in the	8338
unclassified service shall retain the right to resume the position	8339
and status held by the person in the classified service	8340
immediately prior to the person's appointment to the position in	8341
the unclassified service, regardless of the number of positions	8342
the person held in the unclassified service. An employee's right	8343
to resume a position in the classified service may only be	8344
exercised when an appointing authority demotes the employee to a	8345
pay range lower than the employee's current pay range or revokes	8346
the employee's appointment to the unclassified service and:	8347

(a) That person held a certified position prior to July 1,	8348
2007, in the classified service within the appointing authority's	8349
agency; or	8350

(b) That person held a permanent position on or after July 1,	8351
2007, in the classified service within the appointing authority's	8352
agency.	8353

(3) An employee forfeits the right to resume a position in	8354
the classified service when:	8355

(a) The employee is removed from the position in the	8356
unclassified service due to incompetence, inefficiency,	8357
dishonesty, drunkenness, immoral conduct, insubordination,	8358
discourteous treatment of the public, neglect of duty, violation	8359
of this chapter or the rules of the director of administrative	8360
services, any other failure of good behavior, any other acts of	8361
misfeasance, malfeasance, or nonfeasance in office, or conviction	8362
of a felony; or	8363

(b) Upon transfer to a different agency.

8364

(4) Reinstatement to a position in the classified service	8365
shall be to a position substantially equal to that position in the	8366
classified service held previously, as certified by the director	8367
of administrative services. If the position the person previously	8368
held in the classified service has been placed in the unclassified	8369
service or is otherwise unavailable, the person shall be appointed	8370
to a position in the classified service within the appointing	8371
authority's agency that the director of administrative services	8372
certifies is comparable in compensation to the position the person	8373
previously held in the classified service. Service in the position	8374
in the unclassified service shall be counted as service in the	8375
position in the classified service held by the person immediately	8376
prior to the person's appointment to the position in the	8377
unclassified service. When a person is reinstated to a position in	8378
the classified service as provided in this division, the person is	8379
entitled to all rights, status, and benefits accruing to the	8380
position in the classified service during the person's time of	8381
service in the position in the unclassified service.	8382

Sec. 124.14. (A)(1) The director of administrative services	8383
shall establish, and may modify or rescind, by rule, a job	8384
classification plan for all positions, offices, and employments	8385
~~the salaries of which are paid in whole or in part by~~in the	8386
service of the state. The director shall group jobs within a	8387
classification so that the positions are similar enough in duties	8388
and responsibilities to be described by the same title, to have	8389
the same pay assigned with equity, and to have the same	8390
qualifications for selection applied. The director shall, by rule,	8391
assign a classification title to each classification within the	8392
classification plan. However, the director shall consider in	8393
establishing classifications, including classifications with	8394
parenthetical titles, and assigning pay ranges such factors as	8395
duties performed only on one shift, special skills in short supply	8396
in the labor market, recruitment problems, separation rates,	8397
comparative salary rates, the amount of training required, and	8398
other conditions affecting employment. The director shall describe	8399
the duties and responsibilities of the class, establish the	8400
qualifications for being employed in each position in the class,	8401
and file with the secretary of state a copy of specifications for	8402
all of the classifications. The director shall file new,	8403
additional, or revised specifications with the secretary of state	8404
before they are used.	8405

The director shall, by rule, assign each classification,	8406
either on a statewide basis or in particular counties or state	8407
institutions, to a pay range established under section 124.15 or	8408
section 124.152 of the Revised Code. The director may assign a	8409
classification to a pay range on a temporary basis for a period of	8410
six months. The director may establish, by rule adopted under	8411
Chapter 119. of the Revised Code, experimental classification	8412
plans for some or all employees paid directly by warrant of the	8413
director of budget and management. The rule shall include	8414
specifications for each classification within the plan and shall	8415
specifically address compensation ranges, and methods for	8416
advancing within the ranges, for the classifications, which may be	8417
assigned to pay ranges other than the pay ranges established under	8418
section 124.15 or 124.152 of the Revised Code.	8419

(2) The director of administrative services may reassign to a	8420
proper classification those positions that have been assigned to	8421
an improper classification. If the compensation of an employee in	8422
such a reassigned position exceeds the maximum rate of pay for the	8423
employee's new classification, the employee shall be placed in pay	8424
step X and shall not receive an increase in compensation until the	8425
maximum rate of pay for that classification exceeds the employee's	8426
compensation.	8427

(3) The director may reassign an exempt employee, as defined	8428
in section 124.152 of the Revised Code, to a bargaining unit	8429
classification if the director determines that the bargaining unit	8430
classification is the proper classification for that employee.	8431
Notwithstanding Chapter 4117. of the Revised Code or instruments	8432
and contracts negotiated under it, these placements are at the	8433
director's discretion.	8434

(4) The director shall, by rule, assign related	8435
classifications, which form a career progression, to a	8436
classification series. The director shall, by rule, assign each	8437
classification in the classification plan a five-digit number, the	8438
first four digits of which shall denote the classification series	8439
to which the classification is assigned. When a career progression	8440
encompasses more than ten classifications, the director shall, by	8441
rule, identify the additional classifications belonging to a	8442
classification series. The additional classifications shall be	8443
part of the classification series, notwithstanding the fact that	8444
the first four digits of the number assigned to the additional	8445
classifications do not correspond to the first four digits of the	8446
numbers assigned to other classifications in the classification	8447
series.	8448

(B) Division (A) of this section and sections 124.15 and	8449
124.152 of the Revised Code do not apply to the following persons,	8450
positions, offices, and employments:	8451

(1) Elected officials;

8452

(2) Legislative employees, employees of the legislative	8453
service commission, employees in the office of the governor,	8454
employees who are in the unclassified civil service and exempt	8455
from collective bargaining coverage in the office of the secretary	8456
of state, auditor of state, treasurer of state, and attorney	8457
general, and employees of the supreme court;	8458

(3) Any position for which the authority to determine	8459
compensation is given by law to another individual or entity;	8460

(4) Employees of the bureau of workers' compensation whose	8461
compensation the administrator of workers' compensation	8462
establishes under division (B) of section 4121.121 of the Revised	8463
Code.	8464

(C) The director may employ a consulting agency to aid and	8465
assist the director in carrying out this section.	8466

(D)(1) When the director proposes to modify a classification	8467
or the assignment of classes to appropriate pay ranges, the	8468
director shall send written notice of the proposed rule to the	8469
appointing authorities of the affected employees thirty days	8470
before a hearing on the proposed rule. The appointing authorities	8471
shall notify the affected employees regarding the proposed rule.	8472
The director also shall send those appointing authorities notice	8473
of any final rule that is adopted within ten days after adoption.	8474

(2) When the director proposes to reclassify any employee in	8475
the service of the state so that the employee is adversely	8476
affected, the director shall give to the employee affected and to	8477
the employee's appointing authority a written notice setting forth	8478
the proposed new classification, pay range, and salary. Upon the	8479
request of any classified employee in the service of the state who	8480
is not serving in a probationary period, the director shall	8481
perform a job audit to review the classification of the employee's	8482
position to determine whether the position is properly classified.	8483
The director shall give to the employee affected and to the	8484
employee's appointing authority a written notice of the director's	8485
determination whether or not to reclassify the position or to	8486
reassign the employee to another classification. An employee or	8487
appointing authority desiring a hearing shall file a written	8488
request for the hearing with the state personnel board of review	8489
within thirty days after receiving the notice. The board shall set	8490
the matter for a hearing and notify the employee and appointing	8491
authority of the time and place of the hearing. The employee, the	8492
appointing authority, or any authorized representative of the	8493
employee who wishes to submit facts for the consideration of the	8494
board shall be afforded reasonable opportunity to do so. After the	8495
hearing, the board shall consider anew the reclassification and	8496
may order the reclassification of the employee and require the	8497
director to assign the employee to such appropriate classification	8498
as the facts and evidence warrant. As provided in division (A)(1)	8499
of section 124.03 of the Revised Code, the board may determine the	8500
most appropriate classification for the position of any employee	8501
coming before the board, with or without a job audit. The board	8502
shall disallow any reclassification or reassignment classification	8503
of any employee when it finds that changes have been made in the	8504
duties and responsibilities of any particular employee for	8505
political, religious, or other unjust reasons.	8506

(E)(1) Employees of each county department of job and family	8507
services shall be paid a salary or wage established by the board	8508
of county commissioners. The provisions of section 124.18 of the	8509
Revised Code concerning the standard work week apply to employees	8510
of county departments of job and family services. A board of	8511
county commissioners may do either of the following:	8512

(a) Notwithstanding any other section of the Revised Code,	8513
supplement the sick leave, vacation leave, personal leave, and	8514
other benefits of any employee of the county department of job and	8515
family services of that county, if the employee is eligible for	8516
the supplement under a written policy providing for the	8517
supplement;	8518

(b) Notwithstanding any other section of the Revised Code,	8519
establish alternative schedules of sick leave, vacation leave,	8520
personal leave, or other benefits for employees not inconsistent	8521
with the provisions of a collective bargaining agreement covering	8522
the affected employees.	8523

(2) Division (E)(1) of this section does not apply to	8524
employees for whom the state employment relations board	8525
establishes appropriate bargaining units pursuant to section	8526
4117.06 of the Revised Code, except in either of the following	8527
situations:	8528

(a) The employees for whom the state employment relations	8529
board establishes appropriate bargaining units elect no	8530
representative in a board-conducted representation election.	8531

(b) After the state employment relations board establishes	8532
appropriate bargaining units for such employees, all employee	8533
organizations withdraw from a representation election.	8534

(F)(1) Notwithstanding any contrary provision of sections	8535
124.01 to 124.64 of the Revised Code, the board of trustees of	8536
each state university or college, as defined in section 3345.12 of	8537
the Revised Code, shall carry out all matters of governance	8538
involving the officers and employees of the university or college,	8539
including, but not limited to, the powers, duties, and functions	8540
of the department of administrative services and the director of	8541
administrative services specified in this chapter. Officers and	8542
employees of a state university or college shall have the right of	8543
appeal to the state personnel board of review as provided in this	8544
chapter.	8545

(2) Each board of trustees shall adopt rules under section	8546
111.15 of the Revised Code to carry out the matters of governance	8547
described in division (F)(1) of this section. Until the board of	8548
trustees adopts those rules, a state university or college shall	8549
continue to operate pursuant to the applicable rules adopted by	8550
the director of administrative services under this chapter.	8551

(G)(1) Each board of county commissioners may, by a	8552
resolution adopted by a majority of its members, establish a	8553
county personnel department to exercise the powers, duties, and	8554
functions specified in division (G) of this section. As used in	8555
division (G) of this section, "county personnel department" means	8556
a county personnel department established by a board of county	8557
commissioners under division (G)(1) of this section.	8558

(2)(a) Each board of county commissioners, by a resolution	8559
adopted by a majority of its members, may designate the county	8560
personnel department of the county to exercise the powers, duties,	8561
and functions specified in sections 124.01 to 124.64 and Chapter	8562
325. of the Revised Code with regard to employees in the service	8563
of the county, except for the powers and duties of the state	8564
personnel board of review, which powers and duties shall not be	8565
construed as having been modified or diminished in any manner by	8566
division (G)(2) of this section, with respect to the employees for	8567
whom the board of county commissioners is the appointing authority	8568
or co-appointing authority.	8569

(b) Nothing in division (G)(2) of this section shall be	8570
construed to limit the right of any employee who possesses the	8571
right of appeal to the state personnel board of review to continue	8572
to possess that right of appeal.	8573

(c) Any board of county commissioners that has established a	8574
county personnel department may contract with the department of	8575
administrative services, in accordance with division (H) of this	8576
section, another political subdivision, or an appropriate public	8577
or private entity to provide competitive testing services or other	8578
appropriate services.	8579

(3) After the county personnel department of a county has	8580
been established as described in division (G)(2) of this section,	8581
any elected official, board, agency, or other appointing authority	8582
of that county, upon written notification to the county personnel	8583
department, may elect to use the services and facilities of the	8584
county personnel department. Upon receipt of the notification by	8585
the county personnel department, the county personnel department	8586
shall exercise the powers, duties, and functions as described in	8587
division (G)(2) of this section with respect to the employees of	8588
that elected official, board, agency, or other appointing	8589
authority.	8590

(4) Each board of county commissioners, by a resolution	8591
adopted by a majority of its members, may disband the county	8592
personnel department.	8593

(5) Any elected official, board, agency, or appointing	8594
authority of a county may end its involvement with a county	8595
personnel department upon actual receipt by the department of a	8596
certified copy of the notification that contains the decision to	8597
no longer participate.	8598

(6) A county personnel department, in carrying out its	8599
duties, shall adhere to merit system principles with regard to	8600
employees of county departments of job and family services, child	8601
support enforcement agencies, and public child welfare agencies so	8602
that there is no threatened loss of federal funding for these	8603
agencies, and the county is financially liable to the state for	8604
any loss of federal funds due to the action or inaction of the	8605
county personnel department.	8606

(H) County agencies may contract with the department of	8607
administrative services for any human resources services,	8608
including, but not limited to, establishment and modification of	8609
job classification plans, competitive testing services, and	8610
periodic audits and reviews of the county's uniform application of	8611
the powers, duties, and functions specified in sections 124.01 to	8612
124.64 and Chapter 325. of the Revised Code with regard to	8613
employees in the service of the county. Nothing in this division	8614
modifies the powers and duties of the state personnel board of	8615
review with respect to employees in the service of the county.	8616
Nothing in this division limits the right of any employee who	8617
possesses the right of appeal to the state personnel board of	8618
review to continue to possess that right of appeal.	8619

(I) The director of administrative services shall establish	8620
the rate and method of compensation for all employees who are paid	8621
directly by warrant of the director of budget and management and	8622
who are serving in positions that the director of administrative	8623
services has determined impracticable to include in the state job	8624
classification plan. This division does not apply to elected	8625
officials, legislative employees, employees of the legislative	8626
service commission, employees who are in the unclassified civil	8627
service and exempt from collective bargaining coverage in the	8628
office of the secretary of state, auditor of state, treasurer of	8629
state, and attorney general, employees of the courts, employees of	8630
the bureau of workers' compensation whose compensation the	8631
administrator of workers' compensation establishes under division	8632
(B) of section 4121.121 of the Revised Code, or employees of an	8633
appointing authority authorized by law to fix the compensation of	8634
those employees.	8635

(J) The director of administrative services shall set the	8636
rate of compensation for all intermittent, seasonal, temporary,	8637
emergency, and casual employees in the service of the state who	8638
are not considered public employees under section 4117.01 of the	8639
Revised Code. Those employees are not entitled to receive employee	8640
benefits. This rate of compensation shall be equitable in terms of	8641
the rate of employees serving in the same or similar	8642
classifications. This division does not apply to elected	8643
officials, legislative employees, employees of the legislative	8644
service commission, employees who are in the unclassified civil	8645
service and exempt from collective bargaining coverage in the	8646
office of the secretary of state, auditor of state, treasurer of	8647
state, and attorney general, employees of the courts, employees of	8648
the bureau of workers' compensation whose compensation the	8649
administrator establishes under division (B) of section 4121.121	8650
of the Revised Code, or employees of an appointing authority	8651
authorized by law to fix the compensation of those employees.	8652

Sec. 124.18. (A) Forty hours shall be the standard work week	8653
for all employees whose salary or wage is paid in whole or in part	8654
by the state or by any state-supported college or university. When	8655
any employee whose salary or wage is paid in whole or in part by	8656
the state or by any state-supported college or university is	8657
required by an authorized administrative authority to be in an	8658
active pay status more than forty hours in any calendar week, the	8659
employee shall be compensated for such time over forty hours,	8660
except as otherwise provided in this section, at one and one-half	8661
times the employee's regular rate of pay. The use of sick leave or	8662
any leave used in lieu of sick leave shall not be considered to be	8663
active pay status for the purposes of earning overtime or	8664
compensatory time by employees whose wages are paid directly by	8665
warrant of the director of budget and management. A flexible-hours	8666
employee is not entitled to compensation for overtime work unless	8667
the employee's authorized administrative authority required the	8668
employee to be in active pay status for more than forty hours in a	8669
calendar week, regardless of the number of hours the employee	8670
works on any day in the same calendar week.	8671

Such compensation for overtime work shall be paid no later	8672
than at the conclusion of the next succeeding pay period.	8673

If the employee elects to take compensatory time off in lieu	8674
of overtime pay for any overtime worked, such compensatory time	8675
shall be granted by the employee's administrative superior, on a	8676
time and one-half basis, at a time mutually convenient to the	8677
employee and the administrative superior. Compensatory time is not	8678
available for use until it appears on the employee's earning	8679
statement and the compensation described in the earning statement	8680
is available to the employee.	8681

An employee may accrue compensatory time to a maximum of two	8682
hundred forty hours, except that public safety employees and other	8683
employees who meet the criteria established in the "Federal Fair	8684
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,	8685
as amended, may accrue a maximum of four hundred eighty hours of	8686
compensatory time. An employee shall be paid at the employee's	8687
regular rate of pay for any hours of compensatory time accrued in	8688
excess of these maximum amounts if the employee has not used the	8689
compensatory time within three hundred sixty-five days after it is	8690
granted, if the employee transfers to another agency of the state,	8691
or if a change in the employee's status exempts the employee from	8692
the payment of overtime compensation. Upon the termination of	8693
employment, any employee with accrued but unused compensatory time	8694
shall be paid for that time at a rate that is the greater of the	8695
employee's final regular rate of pay or the employee's average	8696
regular rate of pay during the employee's last three years of	8697
employment with the state.	8698

No overtime, as described in this section, can be paid unless	8699
it has been authorized by the authorized administrative authority.	8700
Employees may be exempted from the payment of compensation as	8701
required by this section only under the criteria for exemption	8702
from the payment of overtime compensation established in the	8703
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	8704
U.S.C.A. 207, 213, as amended. With the approval of the director	8705
of administrative services, the appointing authority may establish	8706
a policy to grant compensatory time or to pay compensation to	8707
~~state~~ employees in the service of the state who are exempt from	8708
overtime compensation. With the approval of the board of county	8709
commissioners, a county human services department may establish a	8710
policy to grant compensatory time or to pay compensation to	8711
employees of the department who are exempt from overtime	8712
compensation.	8713

(B)(1) An employee, whose salary or wage is paid in whole or	8714
in part by the state, shall be paid for the holidays declared in	8715
section 124.19 of the Revised Code and shall not be required to	8716
work on those holidays, unless, in the opinion of the employee's	8717
responsible administrative authority, failure to work on those	8718
holidays would impair the public service.	8719

(2) An employee paid directly by warrant of the director of	8720
budget and management who is scheduled to work on the first day of	8721
January, the commemoration of memorial day, the fourth day of	8722
July, the fourth Thursday in November, or the twenty-fifth day of	8723
December and who does not report to work the day before, the day	8724
of, or the day after the holiday due to an illness of the employee	8725
or of a member of the employee's immediate family shall not	8726
receive holiday pay as provided by this division, unless the	8727
employee can provide documentation of extenuating circumstances	8728
that prohibited the employee from so reporting to work. If the	8729
employee works a shift between the employee's scheduled shift and	8730
the holiday, the employee shall be paid for the holiday.	8731

(3) An employee also shall not be paid for a holiday unless	8732
the employee was in active pay status on the scheduled work day	8733
immediately preceding the holiday, except that an employee need	8734
not be in active pay status on that work day in order to be paid	8735
for the holiday if the employee is participating in a mandatory or	8736
voluntary cost savings day under section 124.392 of the Revised	8737
Code.	8738

(4) If any of the holidays declared in section 124.19 of the	8739
Revised Code falls on Saturday, the Friday immediately preceding	8740
shall be observed as the holiday. If any of the holidays declared	8741
in section 124.19 of the Revised Code falls on Sunday, the Monday	8742
immediately succeeding shall be observed as the holiday. Employees	8743
whose work schedules are based on the requirements of a	8744
seven-days-a-week work operation shall observe holidays on the	8745
actual days specified in section 124.19 of the Revised Code.	8746

(5) If an employee's work schedule is other than Monday	8747
through Friday, the employee shall be entitled to eight hours of	8748
holiday pay for holidays observed on the employee's day off	8749
regardless of the day of the week on which they are observed.	8750

(6) A full-time permanent employee is entitled to a minimum	8751
of eight hours of pay for each holiday regardless of the	8752
employee's work shift and work schedule. A flexible-hours	8753
employee, who is normally scheduled to work in excess of eight	8754
hours on a day on which a holiday falls, either shall be required	8755
to work an alternate schedule for that week or shall receive	8756
additional holiday pay for the hours the employee is normally	8757
scheduled to work. Such an alternate schedule may require a	8758
flexible-hours employee to work five shifts consisting of eight	8759
hours each during the week including the holiday, and, in that	8760
case, the employee shall receive eight hours of holiday pay for	8761
the day the holiday is observed.	8762

(7) Except as provided under section 124.392 of the Revised	8763
Code, part-time permanent employees shall receive four hours of	8764
holiday pay regardless of the employee's work shift and work	8765
schedule.	8766

(8) When an employee who is eligible for overtime pay under	8767
this section is required by the employee's responsible	8768
administrative authority to work on the day observed as a holiday,	8769
the employee shall be entitled to pay for such time worked at one	8770
and one-half times the employee's regular rate of pay in addition	8771
to the employee's regular pay, or to be granted compensatory time	8772
off at time and one-half thereafter, at the employee's option.	8773
Payment at such rate shall be excluded in the calculation of hours	8774
in active pay status.	8775

(C) Each appointing authority may designate the number of	8776
employees in an agency who are flexible-hours employees. The	8777
appointing authority may establish for each flexible-hours	8778
employee a specified minimum number of hours to be worked each day	8779
that is consistent with the "Federal Fair Labor Standards Act of	8780
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.	8781

(D) This section shall be uniformly administered for	8782
employees as defined in section 124.01 of the Revised Code and by	8783
the personnel departments of state-supported colleges and	8784
universities for employees of state-supported colleges and	8785
universities. If employees are not paid directly by warrant of the	8786
director of budget and management, the political subdivision shall	8787
determine whether the use of sick leave shall be considered to be	8788
active pay status for purposes of those employees earning overtime	8789
or compensatory time.	8790

(E) Policies relating to the payment of overtime pay or the	8791
granting of compensatory time off shall be adopted by the chief	8792
administrative officer of the house of representatives for	8793
employees of the house of representatives, by the clerk of the	8794
senate for employees of the senate, and by the director of the	8795
legislative service commission for all other legislative	8796
employees.	8797

(F) As used in this section, "regular rate of pay" means the	8798
base rate of pay an employee receives plus any pay supplements	8799
received pursuant to section 124.181 of the Revised Code.	8800

Sec. 124.30. (A) Classified positions in the civil service	8801
may be filled without competition as follows:	8802

(1) Whenever there are urgent reasons for filling a vacancy	8803
in any position in the classified civil service and the director	8804
of administrative services is unable to certify to the appointing	8805
authority, upon its request, a list of persons eligible for	8806
appointment to the position after a competitive examination, the	8807
appointing authority may fill the position by noncompetitive	8808
examination.	8809

A temporary appointment may be made without regard to the	8810
rules of sections 124.01 to 124.64 of the Revised Code. Except as	8811
otherwise provided in this division, the temporary appointment may	8812
not continue longer than one hundred twenty days, and in no case	8813
shall successive temporary appointments be made. A temporary	8814
appointment longer than one hundred twenty days may be made if	8815
necessary by reason of sickness, disability, or other approved	8816
leave of absence of regular officers or employees, in which case	8817
it may continue during the period of sickness, disability, or	8818
other approved leave of absence, subject to the rules of the	8819
director.	8820

(2) In case of a vacancy in a position in the classified	8821
civil service where peculiar and exceptional qualifications of a	8822
scientific, managerial, professional, or educational character are	8823
required, and upon satisfactory evidence that for specified	8824
reasons competition in this special case is impracticable and that	8825
the position can best be filled by a selection of some designated	8826
person of high and recognized attainments in those qualities, the	8827
director may suspend the provisions of sections 124.01 to 124.64	8828
of the Revised Code that require competition in this special case,	8829
but no suspension shall be general in its application. All such	8830
cases of suspension shall be reported in the annual report of the	8831
director with the reasons for each suspension. The director shall	8832
suspend the provisions when ~~the~~either of the following applies:	8833

(a) The director of job and family services provides the	8834
certification under section 5101.051 of the Revised Code that a	8835
position with the department of job and family services can best	8836
be filled if the provisions are suspended;	8837

(b) The medicaid director provides the certification under	8838
section 5160.051 of the Revised Code that a position with the	8839
department of medicaid can best be filled if the provisions are	8840
suspended.	8841

(3) The acceptance or refusal by an eligible person of a	8842
temporary appointment shall not affect the person's standing on	8843
the eligible list for permanent appointment, nor shall the period	8844
of temporary service be counted as a part of the probationary	8845
service in case of subsequent appointment to a permanent position.	8846

(B) Persons who receive temporary or intermittent	8847
appointments are in the unclassified civil service and serve at	8848
the pleasure of their appointing authority.	8849

Sec. 124.341. (A) If an employee in the classified or	8850
unclassified civil service becomes aware in the course of	8851
employment of a violation of state or federal statutes, rules, or	8852
regulations or the misuse of public resources, and the employee's	8853
supervisor or appointing authority has authority to correct the	8854
violation or misuse, the employee may file a written report	8855
identifying the violation or misuse with the supervisor or	8856
appointing authority. In addition to or instead of filing a	8857
written report with the supervisor or appointing authority, the	8858
employee may file a written report with the office of internal	8859
~~auditing~~audit created under section 126.45 of the Revised Code or	8860
file a complaint with the auditor of state's fraud-reporting	8861
system under section 117.103 of the Revised Code.	8862

If the employee reasonably believes that a violation or	8863
misuse of public resources is a criminal offense, the employee, in	8864
addition to or instead of filing a written report or complaint	8865
with the supervisor, appointing authority, the office of internal	8866
~~auditing~~audit, or the auditor of state's fraud-reporting system,	8867
may report it to a prosecuting attorney, director of law, village	8868
solicitor, or similar chief legal officer of a municipal	8869
corporation, to a peace officer, as defined in section 2935.01 of	8870
the Revised Code, or, if the violation or misuse of public	8871
resources is within the jurisdiction of the inspector general, to	8872
the inspector general in accordance with section 121.46 of the	8873
Revised Code. In addition to that report, if the employee	8874
reasonably believes the violation or misuse is also a violation of	8875
Chapter 102., section 2921.42, or section 2921.43 of the Revised	8876
Code, the employee may report it to the appropriate ethics	8877
commission.	8878

(B) Except as otherwise provided in division (C) of this	8879
section, no officer or employee in the classified or unclassified	8880
civil service shall take any disciplinary action against an	8881
employee in the classified or unclassified civil service for	8882
making any report or filing a complaint as authorized by division	8883
(A) of this section, including, without limitation, doing any of	8884
the following:	8885

(1) Removing or suspending the employee from employment;

8886

(2) Withholding from the employee salary increases or	8887
employee benefits to which the employee is otherwise entitled;	8888

(3) Transferring or reassigning the employee;

8889

(4) Denying the employee promotion that otherwise would have	8890
been received;	8891

(5) Reducing the employee in pay or position.

8892

(C) An employee in the classified or unclassified civil	8893
service shall make a reasonable effort to determine the accuracy	8894
of any information reported under division (A) of this section.	8895
The employee is subject to disciplinary action, including	8896
suspension or removal, as determined by the employee's appointing	8897
authority, for purposely, knowingly, or recklessly reporting false	8898
information under division (A) of this section.	8899

(D) If an appointing authority takes any disciplinary or	8900
retaliatory action against a classified or unclassified employee	8901
as a result of the employee's having filed a report or complaint	8902
under division (A) of this section, the employee's sole and	8903
exclusive remedy, notwithstanding any other provision of law, is	8904
to file an appeal with the state personnel board of review within	8905
thirty days after receiving actual notice of the appointing	8906
authority's action. If the employee files such an appeal, the	8907
board shall immediately notify the employee's appointing authority	8908
and shall hear the appeal. The board may affirm or disaffirm the	8909
action of the appointing authority or may issue any other order as	8910
is appropriate. The order of the board is appealable in accordance	8911
with Chapter 119. of the Revised Code.	8912

(E) As used in this section:

8913

(1) "Purposely," "knowingly," and "recklessly" have the same	8914
meanings as in section 2901.22 of the Revised Code.	8915

(2) "Appropriate ethics commission" has the same meaning as	8916
in section 102.01 of the Revised Code.	8917

(3) "Inspector general" means the inspector general appointed	8918
under section 121.48 of the Revised Code.	8919

Sec. 124.381. (A)(1)(a) An employee in the service of the	8920
state may be eligible to receive salary continuation not to exceed	8921
four hundred eighty hours at the employee's total rate of pay for	8922
absence as a result of injury incurred during the performance of,	8923
or arising out of, state employment. When an eligible employee's	8924
absence as a result of such an injury extends beyond four hundred	8925
eighty hours, the employee immediately becomes subject to sections	8926
124.382 and 124.385 of the Revised Code regarding sick leave and	8927
disability leave benefits.	8928

An employee is ineligible to receive salary continuation	8929
until the date of implementation is established in the rules	8930
adopted under division (C)(1) of this section.	8931

(b) Employees of the secretary of state, auditor of state,	8932
treasurer of state, attorney general, supreme court, general	8933
assembly, or legislative service commission are not subject to	8934
division (A)(1)(a) of this section unless the relevant appointing	8935
authority notifies the director of administrative services in	8936
writing of the intent to have all of the appointing authority's	8937
employees participate in salary continuation. The relevant	8938
appointing authority also may discontinue salary continuation for	8939
all of its employees by providing written notice of the	8940
discontinuation to the director.	8941

Participation in salary continuation is subject to rules	8942
adopted under division (C)(1) of this section.	8943

(2) Each employee of the department of rehabilitation and	8944
correction, the department of ~~mental health~~mental health and	8945
addiction services, the department of developmental disabilities,	8946
the department of veterans services, or the Ohio schools for the	8947
deaf and blind, and each employee of the department of youth	8948
services as established in division (A) of section 124.14 of the	8949
Revised Code who sustains a qualifying physical condition	8950
inflicted by a ward of these agencies during the time the employee	8951
is lawfully carrying out the assigned duties of the employee's	8952
position shall be paid occupational injury leave at the employee's	8953
total rate of pay during the period the employee is disabled as a	8954
result of that qualifying physical condition, but in no case to	8955
exceed nine hundred sixty hours, in lieu of workers' compensation.	8956
Pay made according to this division shall not be charged to the	8957
employee's accumulation of sick leave credit. In any case when an	8958
employee's disability as a result of such a qualifying physical	8959
condition extends beyond nine hundred sixty hours, the employee	8960
immediately becomes subject to sections 124.382 and 124.385 of the	8961
Revised Code regarding sick leave and disability leave benefits.	8962

(B) An employee who is receiving salary continuation or	8963
occupational injury leave under division (A)(1) or (2) of this	8964
section is not eligible for other paid leave, including holiday	8965
pay, while receiving benefits under either division. While an	8966
employee is receiving salary continuation or occupational injury	8967
leave under division (A)(1) or (2) of this section, vacation leave	8968
credit ceases to accrue to the employee under section 124.134 of	8969
the Revised Code, but sick leave credit and personal leave credit	8970
continue to accrue to the employee under sections 124.382 and	8971
124.386 of the Revised Code.	8972

(C)(1) The director of administrative services shall adopt	8973
rules for the administration of both the salary continuation	8974
program and the occupational injury leave program. The rules shall	8975
include, but not be limited to, provisions for determining a	8976
disability, for filing a claim for leave under this section, and	8977
for allowing or denying claims for the leave.	8978

(2) The director also may adopt rules for the payment of	8979
health benefits while an employee is on workers' compensation	8980
leave.	8981

(D) An appointing authority may apply to the director of	8982
administrative services to grant salary continuation under	8983
division (A)(1) of this section or occupational injury leave under	8984
division (A)(2) of this section to law enforcement personnel	8985
employed by the agency.	8986

Sec. 124.57. (A) No officer or employee in the classified	8987
service of the state, the several counties, cities, and city	8988
school districts of the state, or the civil service townships of	8989
the state shall directly or indirectly, orally or by letter,	8990
solicit or receive, or be in any manner concerned in soliciting or	8991
receiving, any assessment, subscription, or contribution for any	8992
political party or for any candidate for public office; nor shall	8993
any person solicit directly or indirectly, orally or by letter, or	8994
be in any manner concerned in soliciting, any such assessment,	8995
contribution, or payment from any officer or employee in the	8996
classified service of the state, the several counties, cities, or	8997
city school districts of the state, or the civil service townships	8998
of the state; nor shall any officer or employee in the classified	8999
service of the state, the several counties, cities, and city	9000
school districts of the state, or the civil service townships of	9001
the state be an officer in any political organization or take part	9002
in politics other than to vote as the officer or employee pleases	9003
and to express freely political opinions.	9004

(B)(1) Nothing in division (A) of this section prohibits an	9005
officer or employee described in that division from serving as a	9006
precinct election official under section 3501.22 of the Revised	9007
Code.	9008

(2) Nothing in division (A) of this section prohibits an	9009
employee of ~~the Ohio cooperative~~OSU extension ~~service~~ whose	9010
position is transferred from the unclassified civil service to the	9011
classified civil service and who also holds the office of	9012
president of a city legislative authority from completing the	9013
existing term of office as president.	9014

Sec. 125.05. Except as provided in division (F) of this	9015
section, no state agency shall purchase any supplies or services	9016
except as provided in divisions (A) to (D) of this section.	9017

(A) Subject to division (E) of this section, a state agency	9018
may, without competitive selection, make any purchase of supplies	9019
or services that cost twenty-five thousand dollars or less. The	9020
agency may make the purchase directly or may make the purchase	9021
from or through the department of administrative services,	9022
whichever the agency determines. The agency shall adopt written	9023
procedures consistent with the department's purchasing procedures	9024
and shall use those procedures when making purchases under this	9025
division.	9026

(B) Subject to division (E) of this section and in accordance	9027
with section 125.051 of the Revised Code, a state agency may make	9028
purchases of supplies and services that cost more than twenty-five	9029
thousand dollars but less than fifty thousand dollars if the	9030
purchases are made under the direction of an employee of the	9031
agency who is certified by the department to make purchases and if	9032
the purchases comply with the department's purchasing procedures.	9033
Section 127.16 of the Revised Code does not apply to purchases	9034
made under this division. Until the certification effective date	9035
established by the department in rules adopted under section	9036
125.051 of the Revised Code, state agencies may make purchases of	9037
supplies and services that cost more than twenty-five thousand	9038
dollars but less than fifty thousand dollars in the same manner as	9039
provided in division (A) of this section.	9040

(C) Subject to division (E) of this section, a state agency	9041
wanting to purchase supplies or services that cost more than	9042
twenty-five thousand dollars shall, unless otherwise authorized by	9043
law, make the purchase from or through the department. The	9044
department shall make the purchase by competitive selection. If	9045
the director of administrative services determines that it is not	9046
possible or not advantageous to the state for the department to	9047
make the purchase, the department shall grant the agency a release	9048
and permit under section 125.06 of the Revised Code to make the	9049
purchase. Section 127.16 of the Revised Code does not apply to	9050
purchases the department makes under this section.	9051

(D) An agency that has been granted a release and permit to	9052
make a purchase may make the purchase without competitive	9053
selection if after making the purchase the cumulative purchase	9054
threshold as computed under division (E) of section 127.16 of the	9055
Revised Code would:	9056

(1) Be exceeded and the controlling board approves the	9057
purchase;	9058

(2) Not be exceeded and the department of administrative	9059
services approves the purchase.	9060

(E) Not later than the thirty-first day of January of each	9061
even-numbered year, the directors of administrative services and	9062
budget and management shall review and recommend to the general	9063
assembly, if necessary, adjustments to the amounts specified in	9064
divisions (A) to (C) of this section and division (B) of section	9065
127.16 of the Revised Code.	9066

(F) If ~~the eTech Ohio commission,~~ the department of	9067
education, or the Ohio education computer network determines that	9068
it can purchase software services or supplies for specified school	9069
districts at a price less than the price for which the districts	9070
could purchase the same software services or supplies for	9071
themselves, the ~~commission,~~ department, or network shall certify	9072
that fact to the department of administrative services and, acting	9073
as an agent for the specified school districts, shall make that	9074
purchase without following the provisions in divisions (A) to (D)	9075
of this section.	9076

Sec. 125.21. The director of administrative services shall	9077
process payroll information for the purpose of payment for	9078
personal services of state officials and employees on the basis of	9079
rates of pay determined by pertinent law, the director, or other	9080
competent authority.	9081

Calculation of payrolls may be made after the conclusion of	9082
each pay period based upon the amount of time served as certified	9083
by the appropriate appointing authority. Payment for personal	9084
service rendered by an official or employee during any pay period	9085
shall be made no later than at the conclusion of the official's or	9086
employee's next succeeding pay period.	9087

The director of administrative services shall furnish to the	9088
director of budget and management all necessary data for drawing	9089
state official and employee pay warrants and preparing earning	9090
statements. These data shall include the rate at which paid; the	9091
time for which paid, including overtime and any other adjustments	9092
affecting the official's or employee's gross pay; all taxes	9093
withheld, including, whenever practicable, year-to-date figures on	9094
all taxes withheld; the amount of contribution to the appropriate	9095
retirement system; any voluntary deductions made in accordance	9096
with authorizations filed by the official or employee; and whether	9097
a direct deposit is to be made in accordance with an authorization	9098
filed by the official or employee.	9099

Amounts deducted from the salaries or wages of all officials	9100
and employees shall be transferred to the payroll ~~withholding~~	9101
deduction fund, which is hereby created in the state treasury for	9102
the purpose of consolidating all such deductions made in any	9103
month. Payments from this fund shall be made at intervals for the	9104
intended purpose of the deduction or for refund where it is	9105
determined that deductions were made in error.	9106

Sec. 125.212. The life insurance investment fund is hereby	9107
created in the state treasury. The fund shall consist of amounts	9108
from ~~the payroll withholding fund created by section 125.21 of~~	9109
~~the Revised Code~~state agencies, life insurance premium refunds	9110
received by the state, and other receipts related to the state's	9111
life insurance benefit program. The fund shall be used to pay the	9112
costs of the state's life insurance benefit program. All	9113
investment earnings of the life insurance investment fund shall be	9114
credited to the fund.	9115

Sec. 125.27. (A) There is hereby created in the state	9116
treasury the building improvement fund. The fund shall retain the	9117
interest earned.	9118

(B) The fund shall consist of any payments made by intrastate	9119
transfer voucher from the appropriation item for office building	9120
operating payments.	9121

(C) The fund shall be used for major maintenance or	9122
improvements required in the James A. Rhodes or Frank J. Lausche	9123
state office tower, Toledo government center, Senator Oliver R.	9124
Ocasek government office building, and Vern Riffe center for	9125
government and the arts.	9126

Sec. 125.28. (A)(1) Each state agency that is supported in	9127
whole or in part by nongeneral revenue fund money and that	9128
occupies space in the James A. Rhodes or Frank J. Lausche state	9129
office tower, Toledo government center, Senator Oliver R. Ocasek	9130
government office building, Vern Riffe center for government and	9131
the arts, capitol square, or governor's mansion shall reimburse	9132
the general revenue fund for the cost of occupying the space in	9133
the ratio that the occupied space in each facility attributable to	9134
the nongeneral revenue fund money bears to the total space	9135
occupied by the state agency in the facility.	9136

(2) All agencies that occupy space in the old blind school or	9137
that occupy warehouse space in the general services facility shall	9138
reimburse the department of administrative services for the cost	9139
of occupying the space. The director of administrative services	9140
shall determine the amount of debt service, if any, to be charged	9141
to building tenants and shall collect reimbursements for it.	9142

(3) Each agency that is supported in whole or in part by	9143
nongeneral revenue fund money and that occupies space in any other	9144
facility or facilities owned and maintained by the department of	9145
administrative services or space in the general services facility	9146
other than warehouse space shall reimburse the department for the	9147
cost of occupying the space, including debt service, if any, in	9148
the ratio that the occupied space in each facility attributable to	9149
the nongeneral revenue fund money bears to the total space	9150
occupied by the state agency in the facility.	9151

(B) The director of administrative services may provide	9152
building maintenance services and ~~skilled trades~~minor	9153
construction project management services to any state agency	9154
~~occupying space in a facility that is not owned by the department~~	9155
~~of administrative services~~ and may collect reimbursements for the	9156
cost of providing those services.	9157

(C) All money collected by the department of administrative	9158
services for operating expenses of facilities owned or maintained	9159
by the department shall be deposited into the state treasury to	9160
the credit of the building management fund, which is hereby	9161
created, or to the credit of the building operation fund, which is	9162
hereby created. All money collected by the department for ~~skilled~~	9163
~~trades~~minor construction project management services shall be	9164
deposited into the state treasury to the credit of the ~~skilled~~	9165
~~trades~~minor construction project management fund, which is hereby	9166
created. All money collected for debt service shall be deposited	9167
into the general revenue fund.	9168

(D) The director of administrative services shall determine	9169
the reimbursable cost of space in state-owned or state-leased	9170
facilities and shall collect reimbursements for that cost.	9171

Sec. 125.602. (A) The department of developmental	9172
disabilities, the department of ~~mental health~~mental health and	9173
addiction services, the department of job and family services, the	9174
rehabilitation services commission, and any other state or	9175
governmental agency or community rehabilitation program	9176
responsible for the provision of rehabilitation and vocational	9177
educational services to persons with work-limiting disabilities	9178
may, through written agreement, cooperate in providing resources	9179
to the department of administrative services for the operation of	9180
the office of procurement from community rehabilitation programs.	9181
These resources may include, but are not limited to, leadership	9182
and assistance in dealing with the societal aspects of meeting the	9183
needs of persons with work-limiting disabilities.	9184

(B) The office and all governmental entities that administer	9185
socioeconomic programs may enter into contractual agreements,	9186
cooperative working relationships, or other arrangements that are	9187
necessary for effective coordination and realization of the	9188
objectives of these entities.	9189

Sec. 125.603. (A) The office of procurement from community	9190
rehabilitation programs shall do the following in addition to	9191
other duties specified in sections 125.60 to 125.6012 of the	9192
Revised Code:	9193

(1) Establish, maintain, and periodically update a	9194
procurement list of approved supplies and services available from	9195
qualified nonprofit agencies;	9196

(2) Monitor the procurement practices of government ordering	9197
offices to ensure compliance with sections 125.60 to 125.6012 of	9198
the Revised Code;	9199

(3) In cooperation with qualified nonprofit agencies,	9200
government ordering offices, the department of developmental	9201
disabilities, the department of ~~mental health~~mental health and	9202
addiction services, the department of job and family services, and	9203
the rehabilitation services commission, develop and recommend to	9204
the director of administrative services rules the director shall	9205
adopt in accordance with Chapter 119. of the Revised Code for the	9206
effective and efficient administration of sections 125.60 to	9207
125.6012 of the Revised Code;	9208

(4) Prepare a report of its activities by the last day of	9209
December of each year. The report shall be posted electronically	9210
on the office's web site.	9211

(B) The office of procurement from community rehabilitation	9212
programs may enter into contractual agreements and establish pilot	9213
programs to further the objectives of sections 125.60 to 125.6012	9214
of the Revised Code.	9215

Sec. 125.832. (A) The department of administrative services	9216
is granted exclusive authority over the acquisition and management	9217
of all motor vehicles used by state agencies. In carrying out this	9218
authority, the department shall do both of the following:	9219

(1) Approve the purchase or lease of each motor vehicle for	9220
use by a state agency. The department shall decide if a motor	9221
vehicle shall be leased or purchased for that use.	9222

Except as otherwise provided in division (A)(1) of this	9223
section, on and after July 1, 2005, each state agency shall	9224
acquire all passenger motor vehicles under the department's master	9225
leasing program. If the department determines that acquisition	9226
under that program is not the most economical method and if the	9227
department and the state agency acquiring the passenger motor	9228
vehicle can provide economic justification for doing so, the	9229
department may approve the purchase, rather than the lease, of a	9230
passenger motor vehicle for the acquiring state agency.	9231

(2) Direct and approve all funds that are expended for the	9232
purchase, lease, repair, maintenance, registration, insuring, and	9233
other costs related to the possession and operation of motor	9234
vehicles for the use of state agencies.	9235

(B) The director of administrative services shall establish	9236
and operate a fleet management program. The director shall operate	9237
the program for purposes including, but not limited to,	9238
cost-effective acquisition, maintenance, management, analysis, and	9239
disposal of all motor vehicles owned or leased by the state. All	9240
state agencies shall comply with statewide fleet management	9241
policies and procedures established by the director for the	9242
program, including, but not limited to, motor vehicle assignments,	9243
additions of motor vehicles to fleets or motor vehicle	9244
replacements, motor vehicle fueling, and motor vehicle repairs.	9245

(C) The director shall establish and maintain a fleet	9246
reporting system and shall require state agencies to submit to the	9247
department information relative to state motor vehicles, including	9248
motor vehicles described in division (G)(2) of section 125.831 of	9249
the Revised Code, to be used in operating the fleet management	9250
program. State agencies shall provide to the department fleet data	9251
and other information, including, but not limited to, mileage and	9252
costs. The data and other information shall be submitted in	9253
formats and in a manner determined by the department.	9254

(D) All state agency purchases or leases of motor vehicles	9255
are subject to the prior approval of the director under division	9256
(A)(1) of this section.	9257

(E) State agencies that utilize state motor vehicles or pay	9258
mileage reimbursements to employees shall provide a fleet plan to	9259
the department as directed by the department.	9260

(F)(1) The fleets of state agencies that consist of one	9261
hundred or less vehicles on July 1, 2004, shall be managed by the	9262
department's fleet management program on a time schedule	9263
determined by the department, unless the state agency has received	9264
delegated authority as described in division (G) of this section.	9265

(2) The fleets of state agencies that consist of greater than	9266
one hundred motor vehicles, but less than five hundred motor	9267
vehicles, on July 1, 2005, also shall be managed by the	9268
department's fleet management program on a time schedule	9269
determined by the department, unless the state agency has received	9270
delegated authority as described in division (G) of this section.	9271

(G)(1) The department may delegate any or all of its duties	9272
regarding fleet management to a state agency, if the state agency	9273
demonstrates to the satisfaction of the department both of the	9274
following:	9275

(a) Capabilities to institute and manage a fleet management	9276
program, including, but not limited to, the presence of a	9277
certified fleet manager;	9278

(b) Fleet management performance, as demonstrated by fleet	9279
data and other information submitted pursuant to annual reporting	9280
requirements and any other criteria the department considers	9281
necessary in evaluating the performance.	9282

(2) The department may determine that a state agency is not	9283
in compliance with this section and direct that the agency's fleet	9284
management duties be transferred to the department.	9285

(H) The proceeds derived from the disposition of any motor	9286
vehicles under this section shall be paid to whichever of the	9287
following applies:	9288

(1) The fund that originally provided moneys for the purchase	9289
or lease of the motor vehicles;	9290

(2) If the motor vehicles were originally purchased with	9291
moneys derived from the general revenue fund, the proceeds shall	9292
be deposited, in the director's discretion, into the state	9293
treasury to the credit of either the fleet management fund created	9294
by section 125.83 of the Revised Code or the investment recovery	9295
fund created by section 125.14 of the Revised Code.	9296

(I)(1) The department shall create and maintain a certified	9297
fleet manager program.	9298

(2) State agencies that have received delegated authority as	9299
described in division (G) of this section shall have a certified	9300
fleet manager.	9301

(J) The department annually shall prepare and submit a	9302
statewide fleet report to the governor, the speaker of the house	9303
of representatives, and the president of the senate. The report	9304
shall be submitted not later than the thirty-first day of January	9305
following the end of each fiscal year. It may include, but is not	9306
limited to, the numbers and types of motor vehicles, their	9307
mileage, miles per gallon, and cost per mile, mileage	9308
reimbursements, accident and insurance data, and information	9309
regarding compliance by state agencies having delegated authority	9310
under division (G) of this section with applicable fleet	9311
management requirements.	9312

(K) The director shall adopt rules for implementing the fleet	9313
management program that are consistent with recognized best	9314
practices. The program shall be supported by reasonable fee	9315
charges for the services provided. The director shall collect	9316
these fees and deposit them into the state treasury to the credit	9317
for the fleet management fund created by section 125.83 of the	9318
Revised Code. The setting and collection of fees under this	9319
division is not subject to any restriction imposed by law upon the	9320
director's or the department's authority to set or collect fees.	9321

(L) The director also shall adopt rules that prohibit, except	9322
in very limited circumstances, the exclusive assignment of	9323
state-owned, leased, or pooled motor vehicles to state employees	9324
and that prohibit the reimbursement under section 126.31 of the	9325
Revised Code of state employees who use their own motor vehicles	9326
for any mileage they incur above an amount that the department	9327
shall determine annually unless reimbursement for the excess	9328
mileage is approved by the department in accordance with standards	9329
for that approval the director shall establish in those rules.	9330
Beginning on September 26, 2003, no state-owned, leased, or pooled	9331
motor vehicle shall be personally assigned as any form of	9332
compensation or benefit of state employment, and no state-owned,	9333
leased, or pooled motor vehicle shall be assigned to an employee	9334
solely for commuting to and from home and work.	9335

(M) The director shall do both of the following:

9336

(1) Implement to the greatest extent possible the	9337
recommendations from the 2002 report entitled "Administrative	9338
Analysis of the Ohio Fleet Management Program" in connection with	9339
the authority granted to the department by this section;	9340

(2) Attempt to reduce the number of passenger vehicles used	9341
by state agencies during the fiscal years ending on June 30, 2004,	9342
and June 30, 2005.	9343

(N) Each state agency shall reimburse the department for all	9344
costs incurred in the assignment of motor vehicles to the state	9345
agency.	9346

(O) The director shall do all of the following in managing	9347
the fleet management program:	9348

(1) Determine how motor vehicles will be maintained, insured,	9349
operated, financed, and licensed;	9350

(2) Pursuant to the formula in division (O)(3) of this	9351
section, annually establish the minimum number of business miles	9352
per year an employee of a state agency must drive in order to	9353
qualify for approval by the department to receive a motor vehicle	9354
for business use;	9355

(3) Establish the minimum number of business miles per year	9356
at an amount that results when the annual motor vehicle cost is	9357
divided by the amount that is the reimbursement rate per mile	9358
minus the amount that is the sum of the fuel cost, the operating	9359
cost, and the insurance cost. As used in this division:	9360

(a) "Annual motor vehicle cost" means the price of a motor	9361
vehicle divided by the number of years an average motor vehicle is	9362
used.	9363

(b) "Fuel cost" means the average price per gallon of motor	9364
fuel divided by the miles per gallon fuel efficiency of a motor	9365
vehicle.	9366

(c) "Insurance cost" means the cost of insuring a motor	9367
vehicle per year divided by the number of miles an average motor	9368
vehicle is driven per year.	9369

(d) "Operating cost" means the maintenance cost of a motor	9370
vehicle per year divided by the product resulting when the number	9371
of miles an average motor vehicle is driven per year is multiplied	9372
by the number of years an average motor vehicle is used.	9373

(e) "Reimbursement rate per mile" means the reimbursement per	9374
mile rate for travel expenses as provided by rule of the director	9375
of budget and management adopted under division (B) of section	9376
126.31 of the Revised Code.	9377

~~(P)(1) Not later than the fifteenth day of September of each~~	9378
~~year, each state institution of higher education shall report to~~	9379
~~the department on all of the following topics relating to motor~~	9380
~~vehicles that the institution acquires and manages:~~	9381

~~(a) The methods it uses to track the motor vehicles;~~

9382

~~(b) Whether or not it uses a fuel card program to purchase~~	9383
~~fuel for, or to pay for the maintenance of, the motor vehicles;~~	9384

~~(c) Whether or not it makes bulk purchases of fuel for the~~	9385
~~motor vehicles.~~	9386

~~(2) Assuming it does not use the fleet management tracking,~~	9387
~~fuel card program, and bulk fuel purchases tools and services that~~	9388
~~the department provides, the report of a state institution of~~	9389
~~higher education required by division (P)(1) of this section also~~	9390
~~shall include both of the following:~~	9391

~~(a) An analysis of the amount the institution would save, if~~	9392
~~any, if it were to use the fleet management tracking, fuel card~~	9393
~~program, and bulk fuel purchases tools and services that the~~	9394
~~department provides instead of the fleet management system the~~	9395
~~institution regularly uses;~~	9396

~~(b) A rationale for either continuing with the fleet~~	9397
~~management system that the institution regularly uses or changing~~	9398
~~to the use of those tools and services that the department~~	9399
~~provides.~~	9400

~~(3) The department shall certify within ninety days after~~	9401
~~receipt of all reports under division (P)(1) of this section a~~	9402
~~list of those state institutions of higher education that the~~	9403
~~department determines would save amounts if they were to use the~~	9404
~~fleet management tracking, fuel card program, and bulk fuel~~	9405
~~purchases tools and services that the department provides. The~~	9406
~~institutions so certified then shall use those tools and services~~	9407
~~that the department provides until the department next certifies~~	9408
~~institutions under division (P)(3) of this section.~~	9409

Sec. 125.836. (A) As used in this section:

9410

(1) "Biodiesel," "blended biodiesel," and "diesel fuel" have	9411
the same meanings as in section 125.831 of the Revised Code.	9412

(2) ~~"Credit" means a credit generated by the acquisition of~~	9413
~~alternative fueled vehicles in accordance with the "Energy Policy~~	9414
~~Act of 1992," 106 Stat. 2897, 42 U.S.C. 13257.~~	9415

~~(3)~~ "Incremental cost" means the difference in cost between	9416
blended biodiesel and conventional petroleum-based diesel fuel at	9417
the time the blended biodiesel is purchased.	9418

(B) ~~The department of administrative services shall establish~~	9419
~~and administer a credit banking and selling program. The~~	9420
~~department may sell or trade credits in accordance with procedures~~	9421
~~established pursuant to the "Energy Policy Act of 1992," 106 Stat.~~	9422
~~2897, 42 U.S.C. 13258.~~	9423

~~(C)~~ There is hereby created in the state treasury the	9424
"biodiesel revolving fund," to which shall be credited ~~moneys~~	9425
~~received from the sale of credits under this section, any~~ moneys	9426
appropriated to the fund by the general assembly, and any other	9427
moneys obtained or accepted by the ~~department~~development services	9428
agency for crediting to the fund. Moneys credited to the fund	9429
shall be used to pay for the incremental cost of biodiesel for use	9430
in vehicles owned or leased by the state that use diesel fuel. The	9431
director ~~of administrative services, after consultation with the~~	9432
~~director~~ of development,services may direct the director of	9433
budget and management to transfer available moneys in the	9434
biodiesel revolving fund to the alternative fuel transportation	9435
fund created in section 122.075 of the Revised Code to be used by	9436
the ~~department of~~ development services agency for the purposes	9437
specified in that section.	9438

~~(D) The director of administrative services shall adopt rules~~	9439
~~under Chapter 119. of the Revised Code that are necessary for the~~	9440
~~administration of the credit banking and selling program.~~	9441

Sec. 126.07. Except as provided in division (B) of section	9442
126.21 of the Revised Code, no contract, agreement, or obligation	9443
involving the expenditure of money chargeable to an appropriation,	9444
nor any resolution or order for the expenditure of money	9445
chargeable to an appropriation, shall be valid and enforceable	9446
unless the director of budget and management first certifies that	9447
there is a balance in the appropriation not already obligated to	9448
pay existing obligations, in an amount at least equal to the	9449
portion of the contract, agreement, obligation, resolution, or	9450
order to be performed in the current fiscal year. Any written	9451
contract or agreement entered into by the state shall contain a	9452
clause stating that the obligations of the state are subject to	9453
this section.	9454

The chief administrative officer of a state agency is	9455
responsible for the preaudit and approval of expenditures and	9456
other transactions of the agency. In order to initiate the making	9457
of a payment from the state treasury, the person in a state agency	9458
who requests that the payment be made shall first submit to the	9459
chief administrative officer of the agency all invoices, claims,	9460
vouchers, and other documentation related to the payment. The	9461
chief administrative officer shall examine each voucher and all	9462
other documentation required to support the voucher and determine	9463
whether they meet all the requirements established by the director	9464
of budget and management for making the payment. If they do meet	9465
those requirements, the chief administrative officer shall certify	9466
to the director the approval of the chief administrative officer	9467
for payment.	9468

Prior to drawing a warrant or processing an electronic funds	9469
transfer as provided in section 126.35 of the Revised Code, the	9470
director may review and audit the voucher, any documentation	9471
accompanying the voucher, and any other documentation related to	9472
the transaction that the director may require to determine if the	9473
transaction is in accordance with law. The director shall not	9474
approve payment to be made if the director finds that there is not	9475
an unobligated balance in the appropriation for the payment, that	9476
the payment is not for a valid claim against the state that is	9477
legally due, or that insufficient documentation has been	9478
submitted. If the director does not approve payment, the director	9479
shall notify the agency of the reasons the director has not given	9480
approval.	9481

In approving payments to be made under this section, the	9482
director, upon receipt of certification from the director of job	9483
and family services pursuant to section 4141.231 of the Revised	9484
Code, shall withhold from amounts otherwise payable to a person	9485
who is the subject of the director of jobs and family services'	9486
certification, the amount certified to be due and unpaid to the	9487
director of job and family services, and shall approve for payment	9488
to the director of job and family services, the amount withheld.	9489

As used in this section and in section 126.21 of the Revised	9490
Code, "chief administrative officer" means either of the	9491
following:	9492

(A) The director of the agency or, in the case of a state	9493
agency without a director, the equivalent officer of that agency;	9494

(B) The designee of the chief administrative officer for the	9495
purposes of such sections.	9496

Sec. 126.14. The release of any money appropriated for the	9497
purchase of real estate shall be approved by the controlling	9498
board. The release of money appropriated for all other capital	9499
projects is also subject to the approval of the controlling board,	9500
except that the director of budget and management may approve the	9501
release of money appropriated for specific projects in accordance	9502
with the requirements of this section and except that the director	9503
of budget and management may approve the release of unencumbered	9504
capital balances, for a project to repair, remove, or prevent a	9505
public exigency declared to exist by the executive director of	9506
~~administrative services~~the Ohio facilities construction	9507
commission under section 123.10 of the Revised Code~~, or by the~~	9508
~~executive director of the Ohio facilities construction commission~~	9509
~~under section 123.23 of the Revised Code,~~ in the amount designated	9510
in that declaration.	9511

Within sixty days after the effective date of any act	9512
appropriating money for capital projects, the director shall	9513
determine which appropriations are for general projects and which	9514
are for specific projects. Specific projects may include specific	9515
higher education projects that are to be funded from general	9516
purpose appropriations from the higher education improvement fund	9517
or the higher education improvement taxable fund created in	9518
section 154.21 of the Revised Code. Upon determining which	9519
projects are general and which are specific, the director shall	9520
submit to the controlling board a list that includes a brief	9521
description of and the estimated expenditures for each specific	9522
project. The release of money for any specific higher education	9523
projects that are to be funded from general purpose appropriations	9524
from the higher education improvement fund or the higher education	9525
improvement taxable fund but that are not included on the list,	9526
and the release of money for any specific higher education	9527
projects included on the list that will exceed the estimated	9528
expenditures by more than ten per cent, are subject to the	9529
approval of the controlling board.	9530

The director may create new appropriation items and make	9531
transfers of appropriations to them for specific higher education	9532
projects included on the list that are to be funded from general	9533
purpose appropriations for basic renovations that are made from	9534
the higher education improvement fund or the higher education	9535
improvement taxable fund.	9536

Sec. 126.32. (A) Any officer of any state agency may	9537
authorize reimbursement for travel, including the costs of	9538
transportation, for lodging, and for meals to any person who is	9539
interviewing for a position that is classified in pay range 13 or	9540
above in schedule E-1 or schedule E-1 for step seven only, or is	9541
classified in schedule E-2, of section 124.152 of the Revised	9542
Code.	9543

(B) If a person is appointed to a position listed in section	9544
121.03 of the Revised Code, to the position of chairperson of the	9545
industrial commission, adjutant general, chancellor of the Ohio	9546
board of regents, superintendent of public instruction,	9547
chairperson of the public utilities commission of Ohio, or	9548
director of the state lottery commission, to a position holding a	9549
fiduciary relationship to the governor, to a position of an	9550
appointing authority of the department of ~~mental health~~mental	9551
health and addiction services, developmental disabilities, or	9552
rehabilitation and correction, to a position of superintendent in	9553
the department of youth services, or to a position under section	9554
122.05 of the Revised Code, and if that appointment requires a	9555
permanent change of residence, the appropriate state agency may	9556
reimburse the person for the person's actual and necessary	9557
expenses, including the cost of in-transit storage of household	9558
goods and personal effects, of moving the person and members of	9559
the person's immediate family residing in the person's household,	9560
and of moving their household goods and personal effects, to the	9561
person's new location.	9562

Until that person moves the person's permanent residence to	9563
the new location, but not for a period that exceeds thirty	9564
consecutive days, the state agency may reimburse the person for	9565
the person's temporary living expenses at the new location that	9566
the person has incurred on behalf of the person and members of the	9567
person's immediate family residing in the person's household. In	9568
addition, the state agency may reimburse that person for the	9569
person's travel expenses between the new location and the person's	9570
former residence during this period for a maximum number of trips	9571
specified by rule of the director of budget and management, but	9572
the state agency shall not reimburse the person for travel	9573
expenses incurred for those trips by members of the person's	9574
immediate family. With the prior written approval of the director,	9575
the maximum thirty-day period for temporary living expenses may be	9576
extended for a person appointed to a position under section 122.05	9577
of the Revised Code.	9578

The director of development services may reimburse a person	9579
appointed to a position under section 122.05 of the Revised Code	9580
for the person's actual and necessary expenses of moving the	9581
person and members of the person's immediate family residing in	9582
the person's household back to the United States and may reimburse	9583
a person appointed to such a position for the cost of storage of	9584
household goods and personal effects of the person and the	9585
person's immediate family while the person is serving outside the	9586
United States, if the person's office outside the United States is	9587
the person's primary job location.	9588

(C) All reimbursement under division (A) or (B) of this	9589
section shall be made in the manner, and at rates that do not	9590
exceed those, provided by rule of the director of budget and	9591
management in accordance with section 111.15 of the Revised Code.	9592
Reimbursements may be made under division (B) of this section	9593
directly to the persons who incurred the expenses or directly to	9594
the providers of goods or services the persons receive, as	9595
determined by the director of budget and management.	9596

Sec. 126.35. (A) The director of budget and management shall	9597
draw warrants or process electronic funds transfers against the	9598
treasurer of state pursuant to all requests for payment that the	9599
director has approved under section 126.07 of the Revised Code.	9600

(B) Unless a cash assistance payment is to be made by	9601
electronic benefit transfer, payment by the director of budget and	9602
management to a participant in the Ohio works first program	9603
pursuant to Chapter 5107. of the Revised Code, a recipient of	9604
disability financial assistance pursuant to Chapter 5115. of the	9605
Revised Code, or a recipient of cash assistance provided under the	9606
refugee assistance program established under section 5101.49 of	9607
the Revised Code shall be made by direct deposit to the account of	9608
the participant or recipient in the financial institution	9609
designated under section 329.03 of the Revised Code. Payment by	9610
the director of budget and management to a recipient of benefits	9611
distributed through the medium of electronic benefit transfer	9612
pursuant to section 5101.33 of the Revised Code shall be by	9613
electronic benefit transfer. Payment by the director of budget and	9614
management as compensation to an employee of the state who has,	9615
pursuant to section 124.151 of the Revised Code, designated a	9616
financial institution and account for the direct deposit of such	9617
payments shall be made by direct deposit to the account of the	9618
employee. Payment to any other payee who has designated a	9619
financial institution and account for the direct deposit of such	9620
payment may be made by direct deposit to the account of the payee	9621
in the financial institution as provided in section 9.37 of the	9622
Revised Code. Accounts maintained by the director of budget and	9623
management or the director's agent in a financial institution for	9624
the purpose of effectuating payment by direct deposit or	9625
electronic benefit transfer shall be maintained in accordance with	9626
section 135.18 of the Revised Code.	9627

(C) All other payments from the state treasury shall be made	9628
by paper warrants, electronic funds transfers, or by direct	9629
deposit payable to the respective payees. The director of budget	9630
and management may mail the paper warrants to the respective	9631
payees or distribute them through other state agencies, whichever	9632
the director determines to be the better procedure.	9633

~~(D) If the average per transaction cost the director of~~	9634
~~budget and management incurs in making direct deposits for a state~~	9635
~~agency exceeds the average per transaction cost the director~~	9636
~~incurs in drawing paper warrants for all public offices during the~~	9637
~~same period of time, the director may certify the difference in~~	9638
~~cost and the number of direct deposits for the agency to the~~	9639
~~director of administrative services. The director of~~	9640
~~administrative services shall reimburse the director of budget and~~	9641
~~management for such additional costs and add the amount to the~~	9642
~~processing charge assessed upon the state agency.~~	9643

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	9644
Revised Code, "state agency" means the administrative departments	9645
listed in section 121.02 of the Revised Code, the department of	9646
taxation, the bureau of workers' compensation, ~~and~~ the Ohio board	9647
of regents, the rehabilitation services commission, the public	9648
utilities commission of Ohio, the adjutant general, and the state	9649
lottery commission.	9650

(B) The office of internal ~~auditing~~audit is hereby created	9651
in the office of budget and management to ~~conduct~~direct internal	9652
audits of state agencies or divisions of state agencies to improve	9653
their operations in the areas of risk management, internal	9654
controls, and governance. The director of budget and management,	9655
with the approval of the governor, shall appoint for the office of	9656
internal ~~auditing~~audit a chief internal auditor who meets the	9657
qualifications specified in division ~~(C)~~(E) of this section. The	9658
chief internal auditor shall serve at the director's pleasure and	9659
be responsible for the administration of the office of internal	9660
~~auditing~~audit consistent with sections 126.45 to 126.48 of the	9661
Revised Code.	9662

(C) The office of internal ~~auditing~~audit shall conduct	9663
programs for the internal auditing of state agencies. The programs	9664
shall include an annual internal audit plan, reviewed by the state	9665
audit committee, that utilizes risk assessment techniques and	9666
identifies the specific audits to be ~~conducted~~directed during the	9667
year. The programs also shall include periodic audits of each	9668
state agency's major systems and controls, including those systems	9669
and controls pertaining to accounting, administration, and	9670
~~electronic data processing~~information technology. Upon the	9671
request of the office of internal ~~auditing~~audit, each state	9672
agency shall provide office employees access to all records and	9673
documents necessary for the performance of an internal audit.	9674

The director of budget and management shall assess a charge	9675
against each state agency for which the office of internal	9676
~~auditing~~audit conducts internal auditing programs under sections	9677
126.45 to 126.48 of the Revised Code so that the total amount of	9678
these charges is sufficient to cover the costs of the operation of	9679
the office of internal ~~auditing~~audit.	9680

(D) At the request of any other organized body, office, or	9681
agency established by the laws of the state for the exercise of	9682
any function of state government that is not described in division	9683
(A) of this section, the office of internal audit may direct an	9684
internal audit of all or part of that body, office, or agency. The	9685
office of internal audit shall charge an amount sufficient to	9686
cover the costs it incurs in relation to the requested audit.	9687

~~(C)~~(E) The chief internal auditor of the office of internal	9688
~~auditing~~audit shall hold at least a bachelor's degree and be one	9689
of the following:	9690

(1) A certified internal auditor, a certified government	9691
auditing professional, or a certified public accountant, who also	9692
has held a PA registration or a CPA certificate authorized by	9693
Chapter 4701. of the Revised Code for at least four years and has	9694
at least six years of auditing experience;	9695

(2) An auditor who has held a PA registration or a CPA	9696
certificate authorized by Chapter 4701. of the Revised Code for at	9697
least four years and has at least ten years of auditing	9698
experience.	9699

~~(D)~~(F) The chief internal auditor, subject to the direction	9700
and control of the director of budget and management, may appoint	9701
and maintain any staff necessary to carry out the duties assigned	9702
by sections 126.45 to 126.48 of the Revised Code to the office of	9703
internal ~~auditing~~audit or to the chief internal auditor.	9704

Sec. 126.46. (A)(1) There is hereby created the state audit	9705
committee, consisting of the following five members: one public	9706
member appointed by the governor; two public members appointed by	9707
the speaker of the house of representatives, one of which may be a	9708
person who is recommended by the minority leader of the house of	9709
representatives; and two public members appointed by the president	9710
of the senate, one of which may be a person who is recommended by	9711
the minority leader of the senate. Not more than two of the four	9712
members appointed by the speaker of the house of representatives	9713
and the president of the senate shall belong to or be affiliated	9714
with the same political party. The member appointed by the	9715
governor shall have the program and management expertise required	9716
to perform the duties of the committee's chairperson.	9717

Each member of the committee shall be external to the	9718
management structure of state government and shall serve a	9719
three-year term. Each term shall commence on the first day of July	9720
and end on the thirtieth day of June. Any member may continue in	9721
office subsequent to the expiration date of the member's term	9722
until the member's successor takes office or until a period of	9723
ninety days has elapsed, whichever occurs first. Members may be	9724
reappointed to serve one additional term.	9725

On ~~the effective date of the amendment of this section by~~	9726
~~H.B. 153 of the 129th general assembly~~September 29, 2011, the	9727
terms of the members shall be altered as follows:	9728

(a) The terms of the members appointed by the president shall	9729
expire on June 30, 2012.	9730

(b) The term of the member appointed by the speaker scheduled	9731
to expire on November 17, 2012, shall expire on June 30, 2013.	9732

(c) The term of the other member appointed by the speaker	9733
shall expire on June 30, 2014.	9734

(d) The term of the member appointed by the governor shall	9735
expire on June 30, 2014.	9736

The committee shall include at least one member who is a	9737
financial expert; at least one member who is an active, inactive,	9738
or retired certified public accountant; at least one member who is	9739
familiar with governmental financial accounting; at least one	9740
member who is familiar with information technology systems and	9741
services; and at least one member who is a representative of the	9742
public.	9743

Any vacancy on the committee shall be filled in the same	9744
manner as provided in this division, and, when applicable, the	9745
person appointed to fill a vacancy shall serve the remainder of	9746
the predecessor's term.	9747

(2) Members of the committee shall receive reimbursement for	9748
actual and necessary expenses incurred in the discharge of their	9749
duties.	9750

(3) The member of the committee appointed by the governor	9751
shall serve as the committee's chairperson.	9752

(4) Members of the committee shall be subject to the	9753
disclosure statement requirements of section 102.02 of the Revised	9754
Code.	9755

(B) The state audit committee shall do all of the following:

9756

(1) ~~Ensure that~~Evaluate whether the internal audits	9757
~~conducted~~directed by the office of internal ~~auditing~~audit in the	9758
office of budget and management conform to the institute of	9759
internal auditors' international ~~standards for the~~ professional	9760
~~practice of~~practices framework for internal auditing and to the	9761
institute of internal auditors' code of ethics;	9762

(2) Review and comment on the process used by the office of	9763
budget and management to prepare ~~its annual budgetary financial~~	9764
~~report and~~ the state's comprehensive annual financial report	9765
required under division (A)(9) of section 126.21 of the Revised	9766
Code;	9767

(3) Review and comment on unaudited financial statements	9768
submitted to the auditor of state and communicate with external	9769
auditors as required by government auditing standards;	9770

(4) Perform the additional functions imposed upon it by	9771
section 126.47 of the Revised Code.	9772

(C) As used in this section, "financial expert" means a	9773
person who has all of the following:	9774

(1) An understanding of generally accepted accounting	9775
principles and financial statements;	9776

(2) The ability to assess the general application of those	9777
principles in connection with accounting for estimates, accruals,	9778
and reserves;	9779

(3) Experience preparing, auditing, analyzing, or evaluating	9780
financial statements presenting accounting issues that generally	9781
are of comparable breadth and level of complexity to those likely	9782
to be presented by a state agency's financial statements, or	9783
experience actively supervising one or more persons engaged in	9784
those activities;	9785

(4) An understanding of internal controls and procedures for	9786
financial reporting; and	9787

(5) An understanding of audit committee functions.

9788

Sec. 126.47. (A) The state audit committee created by	9789
section 126.46 of the Revised Code shall ensure that the office of	9790
internal ~~auditing~~audit in the office of budget and management has	9791
an annual internal audit plan that identifies the internal audits	9792
of state agencies or divisions of state agencies scheduled for the	9793
next fiscal year. The chief internal auditor of the office of	9794
internal ~~auditing~~audit shall submit the plan to the state audit	9795
committee for review and comment before the beginning of each	9796
fiscal year. The chief internal auditor may submit a revised	9797
internal audit plan for review and comment at any time the	9798
director of budget and management believes there is reason to	9799
modify the previously submitted plan for a fiscal year.	9800

(B) To determine the state agencies or divisions of state	9801
agencies that are to be internally audited, the office of internal	9802
~~auditing~~audit, in the formulation of an annual or revised	9803
internal audit plan, and the state audit committee, in reviewing a	9804
submitted annual or revised internal audit plan, shall consider	9805
the following factors:	9806

(1) The risk for fraud, waste, or abuse of public money	9807
within an agency or division;	9808

(2) The length of time since an agency or division was last	9809
subject to an internal audit;	9810

(3) The size of an agency or division, and the amount of time	9811
and resources necessary to audit it;	9812

(4) Any other factor the state audit committee determines to	9813
be relevant.	9814

(C) All internal audits shall be ~~conducted only~~directed by	9815
employees of the office of internal ~~auditing~~audit.	9816

(D) After the conclusion of an internal audit, the chief	9817
internal auditor shall submit a preliminary report of the internal	9818
audit's findings and recommendations to the state audit committee	9819
and to the director of the state agency involved. The state agency	9820
or division of the state agency covered by the preliminary report	9821
shall be provided an opportunity to respond within thirty days	9822
after receipt of the preliminary report. The response shall	9823
include a corrective action plan for any recommendations in the	9824
preliminary report that are not disputed by the agency or	9825
division. Any response received by the office of internal ~~auditing~~	9826
audit within that thirty-day period shall be included in the	9827
office's final report of the internal audit's findings and	9828
recommendations. The final report shall be issued by the office of	9829
internal ~~auditing~~audit within thirty days after the termination	9830
of the thirty-day response period. Copies of the final report	9831
shall be submitted to the state audit committee, the governor, and	9832
the director of the state agency involved. The state audit	9833
committee shall determine an appropriate method for making the	9834
preliminary and final reports available for public inspection in a	9835
timely manner.	9836

Any suspected fraud or other illegal activity discovered by	9837
the office of internal ~~auditing~~audit during ~~the conduct of~~ an	9838
internal audit shall be reported immediately to the state audit	9839
committee, the director of the state agency in which the fraud or	9840
illegal activity is suspected to have occurred, and the auditor of	9841
state.	9842

(E) The chief internal auditor shall prepare an annual report	9843
and submit the report to the governor, the president of the	9844
senate, the speaker of the house of representatives, and the	9845
auditor of state. The office of budget and management shall make	9846
the report available to the public by posting it on the office's	9847
web site before the first of ~~July~~August of each year.	9848

Sec. 126.48. ~~Any~~(A) Except as provided in division (B) of	9849
this section, any preliminary or final report of an internal	9850
audit's findings and recommendations which is produced by the	9851
office of internal ~~auditing~~audit in the office of budget and	9852
management and all work papers of the internal audit are	9853
confidential and are not public records under section 149.43 of	9854
the Revised Code until the final report of an internal audit's	9855
findings and recommendations is submitted to the state audit	9856
committee, the governor, and the director of the state agency	9857
involved.	9858

(B) The following are not public records under section 149.43	9859
of the Revised Code:	9860

(1) An internal audit report that meets the definition of a	9861
security record under section 149.433 of the Revised Code;	9862

(2) Any information derived from a state tax return or state	9863
tax return information as permitted to be used by the office of	9864
internal audit under section 5703.21 of the Revised Code.	9865

Sec. 127.14. The controlling board may, at the request of	9866
any state agency or the director of budget and management,	9867
authorize, with respect to the provisions of any appropriation	9868
act:	9869

(A) Transfers of all or part of an appropriation within but	9870
not between state agencies, except such transfers as the director	9871
of budget and management is authorized by law to make, provided	9872
that no transfer shall be made by the director for the purpose of	9873
effecting new or changed levels of program service not authorized	9874
by the general assembly;	9875

(B) Transfers of all or part of an appropriation from one	9876
fiscal year to another;	9877

(C) Transfers of all or part of an appropriation within or	9878
between state agencies made necessary by administrative	9879
reorganization or by the abolition of an agency or part of an	9880
agency;	9881

(D) Transfers of all or part of cash balances in excess of	9882
needs from any fund of the state to the general revenue fund or to	9883
such other fund of the state to which the money would have been	9884
credited in the absence of the fund from which the transfers are	9885
authorized to be made, except that the controlling board may not	9886
authorize such transfers from the accrued leave liability fund,	9887
auto registration distribution fund, local motor vehicle license	9888
tax fund, budget stabilization fund, building improvement fund,	9889
development bond retirement fund, facilities establishment fund,	9890
gasoline excise tax fund, general revenue fund, higher education	9891
improvement fund, highway improvement bond retirement fund,	9892
highway obligations bond retirement fund, highway capital	9893
improvement fund, highway operating fund, horse racing tax fund,	9894
improvements bond retirement fund, public library fund, liquor	9895
control fund, local government fund, local transportation	9896
improvement program fund, mental health facilities improvement	9897
fund, Ohio fairs fund, parks and recreation improvement fund,	9898
public improvements bond retirement fund, school district income	9899
tax fund, state agency facilities improvement fund, state and	9900
local government highway distribution fund, state highway safety	9901
fund, state lottery fund, undivided liquor permit fund, Vietnam	9902
conflict compensation bond retirement fund, volunteer fire	9903
fighters' dependents fund, waterways safety fund, wildlife fund,	9904
workers' compensation fund, or any fund not specified in this	9905
division that the director of budget and management determines to	9906
be a bond fund or bond retirement fund;	9907

(E) Transfers of all or part of those appropriations included	9908
in the emergency purposes account of the controlling board;	9909

(F) Temporary transfers of all or part of an appropriation or	9910
other moneys into and between existing funds, or new funds, as may	9911
be established by law when needed for capital outlays for which	9912
notes or bonds will be issued;	9913

(G) Transfer or release of all or part of an appropriation to	9914
a state agency requiring controlling board approval of such	9915
transfer or release as provided by law;	9916

(H) Temporary transfer of funds included in the emergency	9917
purposes appropriation of the controlling board. Such temporary	9918
transfers may be made subject to conditions specified by the	9919
controlling board at the time temporary transfers are authorized.	9920
No transfers shall be made under this division for the purpose of	9921
effecting new or changed levels of program service not authorized	9922
by the general assembly.	9923

As used in this section, "request" means an application by a	9924
state agency or the director of budget and management seeking some	9925
action by the controlling board.	9926

When authorizing the transfer of all or part of an	9927
appropriation under this section, the controlling board may	9928
authorize the transfer to an existing appropriation item and the	9929
creation of and transfer to a new appropriation item.	9930

Whenever there is a transfer of all or part of funds included	9931
in the emergency purposes appropriation by the controlling board,	9932
pursuant to division (E) of this section, the state agency or the	9933
director of budget and management receiving such transfer shall	9934
keep a detailed record of the use of the transferred funds. At the	9935
earliest scheduled meeting of the controlling board following the	9936
accomplishment of the purposes specified in the request originally	9937
seeking the transfer, or following the total expenditure of the	9938
transferred funds for the specified purposes, the state agency or	9939
the director of budget and management shall submit a report on the	9940
expenditure of such funds to the board. The portion of any	9941
appropriation so transferred which is not required to accomplish	9942
the purposes designated in the original request to the controlling	9943
board shall be returned to the proper appropriation of the	9944
controlling board at this time.	9945

Notwithstanding any provisions of law providing for the	9946
deposit of revenues received by a state agency to the credit of a	9947
particular fund in the state treasury, whenever there is a	9948
temporary transfer of funds included in the emergency purposes	9949
appropriation of the controlling board pursuant to division (H) of	9950
this section, revenues received by any state agency receiving such	9951
a temporary transfer of funds shall, as directed by the	9952
controlling board, be transferred back to the emergency purposes	9953
appropriation.	9954

The board may delegate to the director of budget and	9955
management authority to approve transfers among items of	9956
appropriation under division (A) of this section.	9957

Sec. 127.16. (A) Upon the request of either a state agency	9958
or the director of budget and management and after the controlling	9959
board determines that an emergency or a sufficient economic reason	9960
exists, the controlling board may approve the making of a purchase	9961
without competitive selection as provided in division (B) of this	9962
section.	9963

(B) Except as otherwise provided in this section, no state	9964
agency, using money that has been appropriated to it directly,	9965
shall:	9966

(1) Make any purchase from a particular supplier, that would	9967
amount to fifty thousand dollars or more when combined with both	9968
the amount of all disbursements to the supplier during the fiscal	9969
year for purchases made by the agency and the amount of all	9970
outstanding encumbrances for purchases made by the agency from the	9971
supplier, unless the purchase is made by competitive selection or	9972
with the approval of the controlling board;	9973

(2) Lease real estate from a particular supplier, if the	9974
lease would amount to seventy-five thousand dollars or more when	9975
combined with both the amount of all disbursements to the supplier	9976
during the fiscal year for real estate leases made by the agency	9977
and the amount of all outstanding encumbrances for real estate	9978
leases made by the agency from the supplier, unless the lease is	9979
made by competitive selection or with the approval of the	9980
controlling board.	9981

(C) Any person who authorizes a purchase in violation of	9982
division (B) of this section shall be liable to the state for any	9983
state funds spent on the purchase, and the attorney general shall	9984
collect the amount from the person.	9985

(D) Nothing in division (B) of this section shall be	9986
construed as:	9987

(1) A limitation upon the authority of the director of	9988
transportation as granted in sections 5501.17, 5517.02, and	9989
5525.14 of the Revised Code;	9990

(2) Applying to medicaid provider agreements under ~~Chapter~~	9991
~~5111. of~~ the ~~Revised Code~~medicaid program;	9992

(3) Applying to the purchase of examinations from a sole	9993
supplier by a state licensing board under Title XLVII of the	9994
Revised Code;	9995

(4) Applying to entertainment contracts for the Ohio state	9996
fair entered into by the Ohio expositions commission, provided	9997
that the controlling board has given its approval to the	9998
commission to enter into such contracts and has approved a total	9999
budget amount for such contracts as agreed upon by commission	10000
action, and that the commission causes to be kept itemized records	10001
of the amounts of money spent under each contract and annually	10002
files those records with the clerk of the house of representatives	10003
and the clerk of the senate following the close of the fair;	10004

(5) Limiting the authority of the chief of the division of	10005
mineral resources management to contract for reclamation work with	10006
an operator mining adjacent land as provided in section 1513.27 of	10007
the Revised Code;	10008

(6) Applying to investment transactions and procedures of any	10009
state agency, except that the agency shall file with the board the	10010
name of any person with whom the agency contracts to make, broker,	10011
service, or otherwise manage its investments, as well as the	10012
commission, rate, or schedule of charges of such person with	10013
respect to any investment transactions to be undertaken on behalf	10014
of the agency. The filing shall be in a form and at such times as	10015
the board considers appropriate.	10016

(7) Applying to purchases made with money for the per cent	10017
for arts program established by section 3379.10 of the Revised	10018
Code;	10019

(8) Applying to purchases made by the rehabilitation services	10020
commission of services, or supplies, that are provided to persons	10021
with disabilities, or to purchases made by the commission in	10022
connection with the eligibility determinations it makes for	10023
applicants of programs administered by the social security	10024
administration;	10025

(9) Applying to payments by the department of ~~job and family~~	10026
~~services~~medicaid under section ~~5111.13~~5164.85 of the Revised	10027
Code for group health plan premiums, deductibles, coinsurance, and	10028
other cost-sharing expenses;	10029

(10) Applying to any agency of the legislative branch of the	10030
state government;	10031

(11) Applying to agreements or contracts entered into under	10032
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	10033
Revised Code;	10034

(12) Applying to purchases of services by the adult parole	10035
authority under section 2967.14 of the Revised Code or by the	10036
department of youth services under section 5139.08 of the Revised	10037
Code;	10038

(13) Applying to dues or fees paid for membership in an	10039
organization or association;	10040

(14) Applying to purchases of utility services pursuant to	10041
section 9.30 of the Revised Code;	10042

(15) Applying to purchases made in accordance with rules	10043
adopted by the department of administrative services of motor	10044
vehicle, aviation, or watercraft fuel, or emergency repairs of	10045
such vehicles;	10046

(16) Applying to purchases of tickets for passenger air	10047
transportation;	10048

(17) Applying to purchases necessary to provide public	10049
notifications required by law or to provide notifications of job	10050
openings;	10051

(18) Applying to the judicial branch of state government;

10052

(19) Applying to purchases of liquor for resale by the	10053
division of liquor control;	10054

(20) Applying to purchases of motor courier and freight	10055
services made in accordance with department of administrative	10056
services rules;	10057

(21) Applying to purchases from the United States postal	10058
service and purchases of stamps and postal meter replenishment	10059
from vendors at rates established by the United States postal	10060
service;	10061

(22) Applying to purchases of books, periodicals, pamphlets,	10062
newspapers, maintenance subscriptions, and other published	10063
materials;	10064

(23) Applying to purchases from other state agencies,	10065
including state-assisted institutions of higher education;	10066

(24) Limiting the authority of the director of environmental	10067
protection to enter into contracts under division (D) of section	10068
3745.14 of the Revised Code to conduct compliance reviews, as	10069
defined in division (A) of that section;	10070

(25) Applying to purchases from a qualified nonprofit agency	10071
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	10072
the Revised Code;	10073

(26) Applying to payments by the department of job and family	10074
services to the United States department of health and human	10075
services for printing and mailing notices pertaining to the tax	10076
refund offset program of the internal revenue service of the	10077
United States department of the treasury;	10078

(27) Applying to contracts entered into by the department of	10079
developmental disabilities under section 5123.18 of the Revised	10080
Code;	10081

(28) Applying to payments made by the department of ~~mental~~	10082
~~health~~mental health and addiction services under a physician	10083
recruitment program authorized by section ~~5119.101~~5119.185 of	10084
the Revised Code;	10085

(29) Applying to contracts entered into with persons by the	10086
director of commerce for unclaimed funds collection and remittance	10087
efforts as provided in division (F) of section 169.03 of the	10088
Revised Code. The director shall keep an itemized accounting of	10089
unclaimed funds collected by those persons and amounts paid to	10090
them for their services.	10091

(30) Applying to purchases made by a state institution of	10092
higher education in accordance with the terms of a contract	10093
between the vendor and an inter-university purchasing group	10094
comprised of purchasing officers of state institutions of higher	10095
education;	10096

(31) Applying to the department of ~~job and family services'~~	10097
medicaid's purchases of health assistance services under the	10098
children's health insurance program ~~part I provided for under~~	10099
~~section 5101.50 of the Revised Code, the children's health~~	10100
~~insurance program part II provided for under section 5101.51 of~~	10101
~~the Revised Code, or the children's health insurance program part~~	10102
~~III provided for under section 5101.52 of the Revised Code~~;	10103

(32) Applying to payments by the attorney general from the	10104
reparations fund to hospitals and other emergency medical	10105
facilities for performing medical examinations to collect physical	10106
evidence pursuant to section 2907.28 of the Revised Code;	10107

(33) Applying to contracts with a contracting authority or	10108
administrative receiver under division (B) of section 5126.056 of	10109
the Revised Code;	10110

(34) Applying to purchases of goods and services by the	10111
department of veterans services in accordance with the terms of	10112
contracts entered into by the United States department of veterans	10113
affairs;	10114

(35) Applying to payments by the superintendent of the bureau	10115
of criminal identification and investigation to the federal bureau	10116
of investigation for criminal records checks pursuant to section	10117
109.572 of the Revised Code;	10118

(36) Applying to contracts entered into by the department of	10119
~~job and family services~~medicaid under section ~~5111.054~~5164.47 of	10120
the Revised Code;	10121

(37) Applying to contracts entered into under section 5160.12	10122
of the Revised Code.	10123

(E) When determining whether a state agency has reached the	10124
cumulative purchase thresholds established in divisions (B)(1) and	10125
(2) of this section, all of the following purchases by such agency	10126
shall not be considered:	10127

(1) Purchases made through competitive selection or with	10128
controlling board approval;	10129

(2) Purchases listed in division (D) of this section;

10130

(3) For the purposes of the threshold of division (B)(1) of	10131
this section only, leases of real estate.	10132

(F) As used in this section, "competitive selection,"	10133
"purchase," "supplies," and "services" have the same meanings as	10134
in section 125.01 of the Revised Code.	10135

Sec. 133.01. As used in this chapter, in sections 9.95,	10136
9.96, and 2151.655 of the Revised Code, in other sections of the	10137
Revised Code that make reference to this chapter unless the	10138
context does not permit, and in related proceedings, unless	10139
otherwise expressly provided:	10140

(A) "Acquisition" as applied to real or personal property	10141
includes, among other forms of acquisition, acquisition by	10142
exercise of a purchase option, and acquisition of interests in	10143
property, including, without limitation, easements and	10144
rights-of-way, and leasehold and other lease interests initially	10145
extending or extendable for a period of at least sixty months.	10146

(B) "Anticipatory securities" means securities, including	10147
notes, issued in anticipation of the issuance of other securities.	10148

(C) "Board of elections" means the county board of elections	10149
of the county in which the subdivision is located. If the	10150
subdivision is located in more than one county, "board of	10151
elections" means the county board of elections of the county that	10152
contains the largest portion of the population of the subdivision	10153
or that otherwise has jurisdiction in practice over and	10154
customarily handles election matters relating to the subdivision.	10155

(D) "Bond retirement fund" means the bond retirement fund	10156
provided for in section 5705.09 of the Revised Code, and also	10157
means a sinking fund or any other special fund, regardless of the	10158
name applied to it, established by or pursuant to law or the	10159
proceedings for the payment of debt charges. Provision may be made	10160
in the applicable proceedings for the establishment in a bond	10161
retirement fund of separate accounts relating to debt charges on	10162
particular securities, or on securities payable from the same or	10163
common sources, and for the application of moneys in those	10164
accounts only to specified debt charges on specified securities or	10165
categories of securities. Subject to law and any provisions in the	10166
applicable proceedings, moneys in a bond retirement fund or	10167
separate account in a bond retirement fund may be transferred to	10168
other funds and accounts.	10169

(E) "Capitalized interest" means all or a portion of the	10170
interest payable on securities from their date to a date stated or	10171
provided for in the applicable legislation, which interest is to	10172
be paid from the proceeds of the securities.	10173

(F) "Chapter 133. securities" means securities authorized by	10174
or issued pursuant to or in accordance with this chapter.	10175

(G) "County auditor" means the county auditor of the county	10176
in which the subdivision is located. If the subdivision is located	10177
in more than one county, "county auditor" means the county auditor	10178
of the county that contains the highest amount of the tax	10179
valuation of the subdivision or that otherwise has jurisdiction in	10180
practice over and customarily handles property tax matters	10181
relating to the subdivision. In the case of a county that has	10182
adopted a charter, "county auditor" means the officer who	10183
generally has the duties and functions provided in the Revised	10184
Code for a county auditor.	10185

(H) "Credit enhancement facilities" means letters of credit,	10186
lines of credit, stand-by, contingent, or firm securities purchase	10187
agreements, insurance, or surety arrangements, guarantees, and	10188
other arrangements that provide for direct or contingent payment	10189
of debt charges, for security or additional security in the event	10190
of nonpayment or default in respect of securities, or for making	10191
payment of debt charges to and at the option and on demand of	10192
securities holders or at the option of the issuer or upon certain	10193
conditions occurring under put or similar arrangements, or for	10194
otherwise supporting the credit or liquidity of the securities,	10195
and includes credit, reimbursement, marketing, remarketing,	10196
indexing, carrying, interest rate hedge, and subrogation	10197
agreements, and other agreements and arrangements for payment and	10198
reimbursement of the person providing the credit enhancement	10199
facility and the security for that payment and reimbursement.	10200

(I) "Current operating expenses" or "current expenses" means	10201
the lawful expenditures of a subdivision, except those for	10202
permanent improvements and for payments of debt charges of the	10203
subdivision.	10204

(J) "Debt charges" means the principal, including any	10205
mandatory sinking fund deposits and mandatory redemption payments,	10206
interest, and any redemption premium, payable on securities as	10207
those payments come due and are payable. The use of "debt charges"	10208
for this purpose does not imply that any particular securities	10209
constitute debt within the meaning of the Ohio Constitution or	10210
other laws.	10211

(K) "Financing costs" means all costs and expenses relating	10212
to the authorization, including any required election, issuance,	10213
sale, delivery, authentication, deposit, custody, clearing,	10214
registration, transfer, exchange, fractionalization, replacement,	10215
payment, and servicing of securities, including, without	10216
limitation, costs and expenses for or relating to publication and	10217
printing, postage, delivery, preliminary and final official	10218
statements, offering circulars, and informational statements,	10219
travel and transportation, underwriters, placement agents,	10220
investment bankers, paying agents, registrars, authenticating	10221
agents, remarketing agents, custodians, clearing agencies or	10222
corporations, securities depositories, financial advisory	10223
services, certifications, audits, federal or state regulatory	10224
agencies, accounting and computation services, legal services and	10225
obtaining approving legal opinions and other legal opinions,	10226
credit ratings, redemption premiums, and credit enhancement	10227
facilities. Financing costs may be paid from any moneys available	10228
for the purpose, including, unless otherwise provided in the	10229
proceedings, from the proceeds of the securities to which they	10230
relate and, as to future financing costs, from the same sources	10231
from which debt charges on the securities are paid and as though	10232
debt charges.	10233

(L) "Fiscal officer" means the following, or, in the case of	10234
absence or vacancy in the office, a deputy or assistant authorized	10235
by law or charter to act in the place of the named officer, or if	10236
there is no such authorization then the deputy or assistant	10237
authorized by legislation to act in the place of the named officer	10238
for purposes of this chapter, in the case of the following	10239
subdivisions:	10240

(1) A county, the county auditor;

10241

(2) A municipal corporation, the city auditor or village	10242
clerk or clerk-treasurer, or the officer who, by virtue of a	10243
charter, has the duties and functions provided in the Revised Code	10244
for the city auditor or village clerk or clerk-treasurer;	10245

(3) A school district, the treasurer of the board of	10246
education;	10247

(4) A regional water and sewer district, the secretary of the	10248
board of trustees;	10249

(5) A joint township hospital district, the treasurer of the	10250
district;	10251

(6) A joint ambulance district, the clerk of the board of	10252
trustees;	10253

(7) A joint recreation district, the person designated	10254
pursuant to section 755.15 of the Revised Code;	10255

(8) A detention facility district or a district organized	10256
under section 2151.65 of the Revised Code or a combined district	10257
organized under sections 2152.41 and 2151.65 of the Revised Code,	10258
the county auditor of the county designated by law to act as the	10259
auditor of the district;	10260

(9) A township, a fire district organized under division (C)	10261
of section 505.37 of the Revised Code, or a township police	10262
district, the fiscal officer of the township;	10263

(10) A joint fire district, the clerk of the board of	10264
trustees of that district;	10265

(11) A regional or county library district, the person	10266
responsible for the financial affairs of that district;	10267

(12) A joint solid waste management district, the fiscal	10268
officer appointed by the board of directors of the district under	10269
section 343.01 of the Revised Code;	10270

(13) A joint emergency medical services district, the person	10271
appointed as fiscal officer pursuant to division (D) of section	10272
307.053 of the Revised Code;	10273

(14) A fire and ambulance district, the person appointed as	10274
fiscal officer under division (B) of section 505.375 of the	10275
Revised Code;	10276

(15) A subdivision described in division (MM)~~(18)~~(19) of this	10277
section, the officer who is designated by law as or performs the	10278
functions of its chief fiscal officer;	10279

(16) A joint police district, the treasurer of the district;

10280

(17) A lake facilities authority, the fiscal officer	10281
designated under section 353.02 of the Revised Code.	10282

(M) "Fiscal year" has the same meaning as in section 9.34 of	10283
the Revised Code.	10284

(N) "Fractionalized interests in public obligations" means	10285
participations, certificates of participation, shares, or other	10286
instruments or agreements, separate from the public obligations	10287
themselves, evidencing ownership of interests in public	10288
obligations or of rights to receive payments of, or on account of,	10289
principal or interest or their equivalents payable by or on behalf	10290
of an obligor pursuant to public obligations.	10291

(O) "Fully registered securities" means securities in	10292
certificated or uncertificated form, registered as to both	10293
principal and interest in the name of the owner.	10294

(P) "Fund" means to provide for the payment of debt charges	10295
and expenses related to that payment at or prior to retirement by	10296
purchase, call for redemption, payment at maturity, or otherwise.	10297

(Q) "General obligation" means securities to the payment of	10298
debt charges on which the full faith and credit and the general	10299
property taxing power, including taxes within the tax limitation	10300
if available to the subdivision, of the subdivision are pledged.	10301

(R) "Interest" or "interest equivalent" means those payments	10302
or portions of payments, however denominated, that constitute or	10303
represent consideration for forbearing the collection of money, or	10304
for deferring the receipt of payment of money to a future time.	10305

(S) "Internal Revenue Code" means the "Internal Revenue Code	10306
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	10307
includes any laws of the United States providing for application	10308
of that code.	10309

(T) "Issuer" means any public issuer and any nonprofit	10310
corporation authorized to issue securities for or on behalf of any	10311
public issuer.	10312

(U) "Legislation" means an ordinance or resolution passed by	10313
a majority affirmative vote of the then members of the taxing	10314
authority unless a different vote is required by charter	10315
provisions governing the passage of the particular legislation by	10316
the taxing authority.	10317

(V) "Mandatory sinking fund redemption requirements" means	10318
amounts required by proceedings to be deposited in a bond	10319
retirement fund for the purpose of paying in any year or fiscal	10320
year by mandatory redemption prior to stated maturity the	10321
principal of securities that is due and payable, except for	10322
mandatory prior redemption requirements as provided in those	10323
proceedings, in a subsequent year or fiscal year.	10324

(W) "Mandatory sinking fund requirements" means amounts	10325
required by proceedings to be deposited in a year or fiscal year	10326
in a bond retirement fund for the purpose of paying the principal	10327
of securities that is due and payable in a subsequent year or	10328
fiscal year.	10329

(X) "Net indebtedness" has the same meaning as in division	10330
(A) of section 133.04 of the Revised Code.	10331

(Y) "Obligor," in the case of securities or fractionalized	10332
interests in public obligations issued by another person the debt	10333
charges or their equivalents on which are payable from payments	10334
made by a public issuer, means that public issuer.	10335

(Z) "One purpose" relating to permanent improvements means	10336
any one permanent improvement or group or category of permanent	10337
improvements for the same utility, enterprise, system, or project,	10338
development or redevelopment project, or for or devoted to the	10339
same general purpose, function, or use or for which	10340
self-supporting securities, based on the same or different sources	10341
of revenues, may be issued or for which special assessments may be	10342
levied by a single ordinance or resolution. "One purpose"	10343
includes, but is not limited to, in any case any off-street	10344
parking facilities relating to another permanent improvement, and:	10345

(1) Any number of roads, highways, streets, bridges,	10346
sidewalks, and viaducts;	10347

(2) Any number of off-street parking facilities;

10348

(3) In the case of a county, any number of permanent	10349
improvements for courthouse, jail, county offices, and other	10350
county buildings, and related facilities;	10351

(4) In the case of a school district, any number of	10352
facilities and buildings for school district purposes, and related	10353
facilities.	10354

(AA) "Outstanding," referring to securities, means securities	10355
that have been issued, delivered, and paid for, except any of the	10356
following:	10357

(1) Securities canceled upon surrender, exchange, or	10358
transfer, or upon payment or redemption;	10359

(2) Securities in replacement of which or in exchange for	10360
which other securities have been issued;	10361

(3) Securities for the payment, or redemption or purchase for	10362
cancellation prior to maturity, of which sufficient moneys or	10363
investments, in accordance with the applicable legislation or	10364
other proceedings or any applicable law, by mandatory sinking fund	10365
redemption requirements, mandatory sinking fund requirements, or	10366
otherwise, have been deposited, and credited for the purpose in a	10367
bond retirement fund or with a trustee or paying or escrow agent,	10368
whether at or prior to their maturity or redemption, and, in the	10369
case of securities to be redeemed prior to their stated maturity,	10370
notice of redemption has been given or satisfactory arrangements	10371
have been made for giving notice of that redemption, or waiver of	10372
that notice by or on behalf of the affected security holders has	10373
been filed with the subdivision or its agent for the purpose.	10374

(BB) "Paying agent" means the one or more banks, trust	10375
companies, or other financial institutions or qualified persons,	10376
including an appropriate office or officer of the subdivision,	10377
designated as a paying agent or place of payment of debt charges	10378
on the particular securities.	10379

(CC) "Permanent improvement" or "improvement" means any	10380
property, asset, or improvement certified by the fiscal officer,	10381
which certification is conclusive, as having an estimated life or	10382
period of usefulness of five years or more, and includes, but is	10383
not limited to, real estate, buildings, and personal property and	10384
interests in real estate, buildings, and personal property,	10385
equipment, furnishings, and site improvements, and reconstruction,	10386
rehabilitation, renovation, installation, improvement,	10387
enlargement, and extension of property, assets, or improvements so	10388
certified as having an estimated life or period of usefulness of	10389
five years or more. The acquisition of all the stock ownership of	10390
a corporation is the acquisition of a permanent improvement to the	10391
extent that the value of that stock is represented by permanent	10392
improvements. A permanent improvement for parking, highway, road,	10393
and street purposes includes resurfacing, but does not include	10394
ordinary repair.	10395

(DD) "Person" has the same meaning as in section 1.59 of the	10396
Revised Code and also includes any federal, state, interstate,	10397
regional, or local governmental agency, any subdivision, and any	10398
combination of those persons.	10399

(EE) "Proceedings" means the legislation, certifications,	10400
notices, orders, sale proceedings, trust agreement or indenture,	10401
mortgage, lease, lease-purchase agreement, assignment, credit	10402
enhancement facility agreements, and other agreements,	10403
instruments, and documents, as amended and supplemented, and any	10404
election proceedings, authorizing, or providing for the terms and	10405
conditions applicable to, or providing for the security or sale or	10406
award of, public obligations, and includes the provisions set	10407
forth or incorporated in those public obligations and proceedings.	10408

(FF) "Public issuer" means any of the following that is	10409
authorized by law to issue securities or enter into public	10410
obligations:	10411

(1) The state, including an agency, commission, officer,	10412
institution, board, authority, or other instrumentality of the	10413
state;	10414

(2) A taxing authority, subdivision, district, or other local	10415
public or governmental entity, and any combination or consortium,	10416
or public division, district, commission, authority, department,	10417
board, officer, or institution, thereof;	10418

(3) Any other body corporate and politic, or other public	10419
entity.	10420

(GG) "Public obligations" means both of the following:

10421

(1) Securities;

10422

(2) Obligations of a public issuer to make payments under	10423
installment sale, lease, lease purchase, or similar agreements,	10424
which obligations may bear interest or interest equivalent.	10425

(HH) "Refund" means to fund and retire outstanding	10426
securities, including advance refunding with or without payment or	10427
redemption prior to maturity.	10428

(II) "Register" means the books kept and maintained by the	10429
registrar for registration, exchange, and transfer of registered	10430
securities.	10431

(JJ) "Registrar" means the person responsible for keeping the	10432
register for the particular registered securities, designated by	10433
or pursuant to the proceedings.	10434

(KK) "Securities" means bonds, notes, certificates of	10435
indebtedness, commercial paper, and other instruments in writing,	10436
including, unless the context does not admit, anticipatory	10437
securities, issued by an issuer to evidence its obligation to	10438
repay money borrowed, or to pay interest, by, or to pay at any	10439
future time other money obligations of, the issuer of the	10440
securities, but not including public obligations described in	10441
division (GG)(2) of this section.	10442

(LL) "Self-supporting securities" means securities or	10443
portions of securities issued for the purpose of paying costs of	10444
permanent improvements to the extent that receipts of the	10445
subdivision, other than the proceeds of taxes levied by that	10446
subdivision, derived from or with respect to the improvements or	10447
the operation of the improvements being financed, or the	10448
enterprise, system, project, or category of improvements of which	10449
the improvements being financed are part, are estimated by the	10450
fiscal officer to be sufficient to pay the current expenses of	10451
that operation or of those improvements or enterprise, system,	10452
project, or categories of improvements and the debt charges	10453
payable from those receipts on securities issued for the purpose.	10454
Until such time as the improvements or increases in rates and	10455
charges have been in operation or effect for a period of at least	10456
six months, the receipts therefrom, for purposes of this	10457
definition, shall be those estimated by the fiscal officer, except	10458
that those receipts may include, without limitation, payments made	10459
and to be made to the subdivision under leases or agreements in	10460
effect at the time the estimate is made. In the case of an	10461
operation, improvements, or enterprise, system, project, or	10462
category of improvements without at least a six-month history of	10463
receipts, the estimate of receipts by the fiscal officer, other	10464
than those to be derived under leases and agreements then in	10465
effect, shall be confirmed by the taxing authority.	10466

(MM) "Subdivision" means any of the following:

10467

(1) A county, including a county that has adopted a charter	10468
under Article X, Ohio Constitution;	10469

(2) A municipal corporation, including a municipal	10470
corporation that has adopted a charter under Article XVIII, Ohio	10471
Constitution;	10472

(3) A school district;

10473

(4) A regional water and sewer district organized under	10474
Chapter 6119. of the Revised Code;	10475

(5) A joint township hospital district organized under	10476
section 513.07 of the Revised Code;	10477

(6) A joint ambulance district organized under section 505.71	10478
of the Revised Code;	10479

(7) A joint recreation district organized under division (C)	10480
of section 755.14 of the Revised Code;	10481

(8) A detention facility district organized under section	10482
2152.41, a district organized under section 2151.65, or a combined	10483
district organized under sections 2152.41 and 2151.65 of the	10484
Revised Code;	10485

(9) A township police district organized under section 505.48	10486
of the Revised Code;	10487

(10) A township;

10488

(11) A joint fire district organized under section 505.371 of	10489
the Revised Code;	10490

(12) A county library district created under section 3375.19	10491
or a regional library district created under section 3375.28 of	10492
the Revised Code;	10493

(13) A joint solid waste management district organized under	10494
section 343.01 or 343.012 of the Revised Code;	10495

(14) A joint emergency medical services district organized	10496
under section 307.052 of the Revised Code;	10497

(15) A fire and ambulance district organized under section	10498
505.375 of the Revised Code;	10499

(16) A fire district organized under division (C) of section	10500
505.37 of the Revised Code;	10501

(17) A joint police district organized under section 505.482	10502
of the Revised Code;	10503

(18) A lake facilities authority created under Chapter 353.	10504
of the Revised Code;	10505

(19) Any other political subdivision or taxing district or	10506
other local public body or agency authorized by this chapter or	10507
other laws to issue Chapter 133. securities.	10508

(NN) "Taxing authority" means in the case of the following	10509
subdivisions:	10510

(1) A county, a county library district, or a regional	10511
library district, the board or boards of county commissioners, or	10512
other legislative authority of a county that has adopted a charter	10513
under Article X, Ohio Constitution, but with respect to such a	10514
library district acting solely as agent for the board of trustees	10515
of that district;	10516

(2) A municipal corporation, the legislative authority;

10517

(3) A school district, the board of education;

10518

(4) A regional water and sewer district, a joint ambulance	10519
district, a joint recreation district, a fire and ambulance	10520
district, or a joint fire district, the board of trustees of the	10521
district;	10522

(5) A joint township hospital district, the joint township	10523
hospital board;	10524

(6) A detention facility district or a district organized	10525
under section 2151.65 of the Revised Code, a combined district	10526
organized under sections 2152.41 and 2151.65 of the Revised Code,	10527
or a joint emergency medical services district, the joint board of	10528
county commissioners;	10529

(7) A township, a fire district organized under division (C)	10530
of section 505.37 of the Revised Code, or a township police	10531
district, the board of township trustees;	10532

(8) A joint solid waste management district organized under	10533
section 343.01 or 343.012 of the Revised Code, the board of	10534
directors of the district;	10535

(9) A subdivision described in division (MM)~~(18)~~(19) of this	10536
section, the legislative or governing body or official;	10537

(10) A joint police district, the joint police district	10538
board;	10539

(11) A lake facilities authority, the board of directors.

10540

(OO) "Tax limitation" means the "ten-mill limitation" as	10541
defined in section 5705.02 of the Revised Code without diminution	10542
by reason of section 5705.313 of the Revised Code or otherwise,	10543
or, in the case of a municipal corporation or county with a	10544
different charter limitation on property taxes levied to pay debt	10545
charges on unvoted securities, that charter limitation. Those	10546
limitations shall be respectively referred to as the "ten-mill	10547
limitation" and the "charter tax limitation."	10548

(PP) "Tax valuation" means the aggregate of the valuations of	10549
property subject to ad valorem property taxation by the	10550
subdivision on the real property, personal property, and public	10551
utility property tax lists and duplicates most recently certified	10552
for collection, and shall be calculated without deductions of the	10553
valuations of otherwise taxable property exempt in whole or in	10554
part from taxation by reason of exemptions of certain amounts of	10555
taxable value under division (C) of section 5709.01, tax	10556
reductions under section 323.152 of the Revised Code, or similar	10557
laws now or in the future in effect.	10558

For purposes of section 133.06 of the Revised Code, "tax	10559
valuation" shall not include the valuation of tangible personal	10560
property used in business, telephone or telegraph property,	10561
interexchange telecommunications company property, or personal	10562
property owned or leased by a railroad company and used in	10563
railroad operations listed under or described in section 5711.22,	10564
division (B) or (F) of section 5727.111, or section 5727.12 of the	10565
Revised Code.	10566

(QQ) "Year" means the calendar year.

10567

(RR) "Administrative agent," "agent," "commercial paper,"	10568
"floating rate interest structure," "indexing agent," "interest	10569
rate hedge," "interest rate period," "put arrangement," and	10570
"remarketing agent" have the same meanings as in section 9.98 of	10571
the Revised Code.	10572

(SS) "Sales tax supported" means obligations to the payment	10573
of debt charges on which an additional sales tax or additional	10574
sales taxes have been pledged by the taxing authority of a county	10575
pursuant to section 133.081 of the Revised Code.	10576

Sec. 133.06. (A) A school district shall not incur, without	10577
a vote of the electors, net indebtedness that exceeds an amount	10578
equal to one-tenth of one per cent of its tax valuation, except as	10579
provided in divisions (G) and (H) of this section and in division	10580
(C) of section 3313.372 of the Revised Code, or as prescribed in	10581
section 3318.052 or 3318.44 of the Revised Code, or as provided in	10582
division (J) of this section.	10583

(B) Except as provided in divisions (E), (F), and (I) of this	10584
section, a school district shall not incur net indebtedness that	10585
exceeds an amount equal to nine per cent of its tax valuation.	10586

(C) A school district shall not submit to a vote of the	10587
electors the question of the issuance of securities in an amount	10588
that will make the district's net indebtedness after the issuance	10589
of the securities exceed an amount equal to four per cent of its	10590
tax valuation, unless the superintendent of public instruction,	10591
acting under policies adopted by the state board of education, and	10592
the tax commissioner, acting under written policies of the	10593
commissioner, consent to the submission. A request for the	10594
consents shall be made at least one hundred twenty days prior to	10595
the election at which the question is to be submitted.	10596

The superintendent of public instruction shall certify to the	10597
district the superintendent's and the tax commissioner's decisions	10598
within thirty days after receipt of the request for consents.	10599

If the electors do not approve the issuance of securities at	10600
the election for which the superintendent of public instruction	10601
and tax commissioner consented to the submission of the question,	10602
the school district may submit the same question to the electors	10603
on the date that the next special election may be held under	10604
section 3501.01 of the Revised Code without submitting a new	10605
request for consent. If the school district seeks to submit the	10606
same question at any other subsequent election, the district shall	10607
first submit a new request for consent in accordance with this	10608
division.	10609

(D) In calculating the net indebtedness of a school district,	10610
none of the following shall be considered:	10611

(1) Securities issued to acquire school buses and other	10612
equipment used in transporting pupils or issued pursuant to	10613
division (D) of section 133.10 of the Revised Code;	10614

(2) Securities issued under division (F) of this section,	10615
under section 133.301 of the Revised Code, and, to the extent in	10616
excess of the limitation stated in division (B) of this section,	10617
under division (E) of this section;	10618

(3) Indebtedness resulting from the dissolution of a joint	10619
vocational school district under section 3311.217 of the Revised	10620
Code, evidenced by outstanding securities of that joint vocational	10621
school district;	10622

(4) Loans, evidenced by any securities, received under	10623
sections 3313.483, 3317.0210, and 3317.0211~~, and 3317.64~~ of the	10624
Revised Code;	10625

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

10626

(6) Debt incurred pursuant to division (B)(5) of section	10627
3313.37 of the Revised Code to acquire computers and related	10628
hardware;	10629

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

10630

(E) A school district may become a special needs district as	10631
to certain securities as provided in division (E) of this section.	10632

(1) A board of education, by resolution, may declare its	10633
school district to be a special needs district by determining both	10634
of the following:	10635

(a) The student population is not being adequately serviced	10636
by the existing permanent improvements of the district.	10637

(b) The district cannot obtain sufficient funds by the	10638
issuance of securities within the limitation of division (B) of	10639
this section to provide additional or improved needed permanent	10640
improvements in time to meet the needs.	10641

(2) The board of education shall certify a copy of that	10642
resolution to the superintendent of public instruction with a	10643
statistical report showing all of the following:	10644

(a) The history of and a projection of the growth of the tax	10645
valuation;	10646

(b) The projected needs;

10647

(c) The estimated cost of permanent improvements proposed to	10648
meet such projected needs.	10649

(3) The superintendent of public instruction shall certify	10650
the district as an approved special needs district if the	10651
superintendent finds both of the following:	10652

(a) The district does not have available sufficient	10653
additional funds from state or federal sources to meet the	10654
projected needs.	10655

(b) The projection of the potential average growth of tax	10656
valuation during the next five years, according to the information	10657
certified to the superintendent and any other information the	10658
superintendent obtains, indicates a likelihood of potential	10659
average growth of tax valuation of the district during the next	10660
five years of an average of not less than one and one-half per	10661
cent per year. The findings and certification of the	10662
superintendent shall be conclusive.	10663

(4) An approved special needs district may incur net	10664
indebtedness by the issuance of securities in accordance with the	10665
provisions of this chapter in an amount that does not exceed an	10666
amount equal to the greater of the following:	10667

(a) Twelve per cent of the sum of its tax valuation plus an	10668
amount that is the product of multiplying that tax valuation by	10669
the percentage by which the tax valuation has increased over the	10670
tax valuation on the first day of the sixtieth month preceding the	10671
month in which its board determines to submit to the electors the	10672
question of issuing the proposed securities;	10673

(b) Twelve per cent of the sum of its tax valuation plus an	10674
amount that is the product of multiplying that tax valuation by	10675
the percentage, determined by the superintendent of public	10676
instruction, by which that tax valuation is projected to increase	10677
during the next ten years.	10678

(F) A school district may issue securities for emergency	10679
purposes, in a principal amount that does not exceed an amount	10680
equal to three per cent of its tax valuation, as provided in this	10681
division.	10682

(1) A board of education, by resolution, may declare an	10683
emergency if it determines both of the following:	10684

(a) School buildings or other necessary school facilities in	10685
the district have been wholly or partially destroyed, or condemned	10686
by a constituted public authority, or that such buildings or	10687
facilities are partially constructed, or so constructed or planned	10688
as to require additions and improvements to them before the	10689
buildings or facilities are usable for their intended purpose, or	10690
that corrections to permanent improvements are necessary to remove	10691
or prevent health or safety hazards.	10692

(b) Existing fiscal and net indebtedness limitations make	10693
adequate replacement, additions, or improvements impossible.	10694

(2) Upon the declaration of an emergency, the board of	10695
education may, by resolution, submit to the electors of the	10696
district pursuant to section 133.18 of the Revised Code the	10697
question of issuing securities for the purpose of paying the cost,	10698
in excess of any insurance or condemnation proceeds received by	10699
the district, of permanent improvements to respond to the	10700
emergency need.	10701

(3) The procedures for the election shall be as provided in	10702
section 133.18 of the Revised Code, except that:	10703

(a) The form of the ballot shall describe the emergency	10704
existing, refer to this division as the authority under which the	10705
emergency is declared, and state that the amount of the proposed	10706
securities exceeds the limitations prescribed by division (B) of	10707
this section;	10708

(b) The resolution required by division (B) of section 133.18	10709
of the Revised Code shall be certified to the county auditor and	10710
the board of elections at least one hundred days prior to the	10711
election;	10712

(c) The county auditor shall advise and, not later than	10713
ninety-five days before the election, confirm that advice by	10714
certification to, the board of education of the information	10715
required by division (C) of section 133.18 of the Revised Code;	10716

(d) The board of education shall then certify its resolution	10717
and the information required by division (D) of section 133.18 of	10718
the Revised Code to the board of elections not less than ninety	10719
days prior to the election.	10720

(4) Notwithstanding division (B) of section 133.21 of the	10721
Revised Code, the first principal payment of securities issued	10722
under this division may be set at any date not later than sixty	10723
months after the earliest possible principal payment otherwise	10724
provided for in that division.	10725

(G)(1) The board of education may contract with an architect,	10726
professional engineer, or other person experienced in the design	10727
and implementation of energy conservation measures for an analysis	10728
and recommendations pertaining to installations, modifications of	10729
installations, or remodeling that would significantly reduce	10730
energy consumption in buildings owned by the district. The report	10731
shall include estimates of all costs of such installations,	10732
modifications, or remodeling, including costs of design,	10733
engineering, installation, maintenance, repairs, and debt service,	10734
forgone residual value of materials or equipment replaced by the	10735
energy conservation measure, as defined by the Ohio school	10736
facilities commission, a baseline analysis of actual energy	10737
consumption data for the preceding three years with the utility	10738
baseline based on only the actual energy consumption data for the	10739
preceding twelve months, and estimates of the amounts by which	10740
energy consumption and resultant operational and maintenance	10741
costs, as defined by the commission, would be reduced.	10742

If the board finds after receiving the report that the amount	10743
of money the district would spend on such installations,	10744
modifications, or remodeling is not likely to exceed the amount of	10745
money it would save in energy and resultant operational and	10746
maintenance costs over the ensuing fifteen years, the board may	10747
submit to the commission a copy of its findings and a request for	10748
approval to incur indebtedness to finance the making or	10749
modification of installations or the remodeling of buildings for	10750
the purpose of significantly reducing energy consumption.	10751

~~If the commission determines that the board's findings are~~	10752
~~reasonable, it~~The school facilities commission, in consultation	10753
with the auditor of state, may deny a request under this division	10754
by the board of education any school district is in a state of	10755
fiscal watch pursuant to division (A) of section 3316.03 of the	10756
Revised Code, if it determines that the expenditure of funds is	10757
not in the best interest of the school district.	10758

No district board of education of a school district that is	10759
in a state of fiscal emergency pursuant to division (B) of section	10760
3316.03 of the Revised Code shall submit a request without	10761
submitting evidence that the installations, modifications, or	10762
remodeling have been approved by the district's financial planning	10763
and supervision commission established under section 3316.05 of	10764
the Revised Code.	10765

No board of education of a school district that, for three or	10766
more consecutive years, has been declared to be in a state of	10767
academic emergency under section 3302.03 of the Revised Code, as	10768
that section existed prior to March 22, 2013, and has failed to	10769
meet adequate yearly progress, or has met any condition set forth	10770
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	10771
Code shall submit a request without first receiving approval to	10772
incur indebtedness from the district's academic distress	10773
commission established under that section, for so long as such	10774
commission continues to be required for the district.	10775

(2) The school facilities commission shall approve the	10776
board's request~~. Upon~~provided that the following conditions are	10777
satisfied:	10778

(a) The commission determines that the board's findings are	10779
reasonable.	10780

(b) The request for approval is complete.

10781

(c) The installations, modifications, or remodeling are	10782
consistent with any project to construct or acquire classroom	10783
facilities, or to reconstruct or make additions to existing	10784
classroom facilities under sections 3318.01 to 3318.20 or sections	10785
3318.40 to 3318.45 of the Revised Code.	10786

Upon receipt of the commission's approval, the district may	10787
issue securities without a vote of the electors in a principal	10788
amount not to exceed nine-tenths of one per cent of its tax	10789
valuation for the purpose of making such installations,	10790
modifications, or remodeling, but the total net indebtedness of	10791
the district without a vote of the electors incurred under this	10792
and all other sections of the Revised Code, except section	10793
3318.052 of the Revised Code, shall not exceed one per cent of the	10794
district's tax valuation.	10795

(3) So long as any securities issued under ~~division (G) of~~	10796
this ~~section~~division remain outstanding, the board of education	10797
shall monitor the energy consumption and resultant operational and	10798
maintenance costs of buildings in which installations or	10799
modifications have been made or remodeling has been done pursuant	10800
to ~~division (G) of~~ this ~~section~~division and shall maintain and	10801
annually update a report documenting the reductions in energy	10802
consumption and resultant operational and maintenance cost savings	10803
attributable to such installations, modifications, or remodeling.	10804
The report shall be certified by an architect or engineer	10805
independent of any person that provided goods or services to the	10806
board in connection with the energy conservation measures that are	10807
the subject of the report. The resultant operational and	10808
maintenance cost savings shall be certified by the school district	10809
treasurer. The report shall be submitted annually to the	10810
commission.	10811

(H) With the consent of the superintendent of public	10812
instruction, a school district may incur without a vote of the	10813
electors net indebtedness that exceeds the amounts stated in	10814
divisions (A) and (G) of this section for the purpose of paying	10815
costs of permanent improvements, if and to the extent that both of	10816
the following conditions are satisfied:	10817

(1) The fiscal officer of the school district estimates that	10818
receipts of the school district from payments made under or	10819
pursuant to agreements entered into pursuant to section 725.02,	10820
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	10821
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	10822
Code, or distributions under division (C) of section 5709.43 of	10823
the Revised Code, or any combination thereof, are, after	10824
accounting for any appropriate coverage requirements, sufficient	10825
in time and amount, and are committed by the proceedings, to pay	10826
the debt charges on the securities issued to evidence that	10827
indebtedness and payable from those receipts, and the taxing	10828
authority of the district confirms the fiscal officer's estimate,	10829
which confirmation is approved by the superintendent of public	10830
instruction;	10831

(2) The fiscal officer of the school district certifies, and	10832
the taxing authority of the district confirms, that the district,	10833
at the time of the certification and confirmation, reasonably	10834
expects to have sufficient revenue available for the purpose of	10835
operating such permanent improvements for their intended purpose	10836
upon acquisition or completion thereof, and the superintendent of	10837
public instruction approves the taxing authority's confirmation.	10838

The maximum maturity of securities issued under division (H)	10839
of this section shall be the lesser of twenty years or the maximum	10840
maturity calculated under section 133.20 of the Revised Code.	10841

(I) A school district may incur net indebtedness by the	10842
issuance of securities in accordance with the provisions of this	10843
chapter in excess of the limit specified in division (B) or (C) of	10844
this section when necessary to raise the school district portion	10845
of the basic project cost and any additional funds necessary to	10846
participate in a project under Chapter 3318. of the Revised Code,	10847
including the cost of items designated by the Ohio school	10848
facilities commission as required locally funded initiatives, the	10849
cost of other locally funded initiatives in an amount that does	10850
not exceed fifty per cent of the district's portion of the basic	10851
project cost, and the cost for site acquisition. The school	10852
facilities commission shall notify the superintendent of public	10853
instruction whenever a school district will exceed either limit	10854
pursuant to this division.	10855

(J) A school district whose portion of the basic project cost	10856
of its classroom facilities project under sections 3318.01 to	10857
3318.20 of the Revised Code is greater than or equal to one	10858
hundred million dollars may incur without a vote of the electors	10859
net indebtedness in an amount up to two per cent of its tax	10860
valuation through the issuance of general obligation securities in	10861
order to generate all or part of the amount of its portion of the	10862
basic project cost if the controlling board has approved the	10863
school facilities commission's conditional approval of the project	10864
under section 3318.04 of the Revised Code. The school district	10865
board and the Ohio school facilities commission shall include the	10866
dedication of the proceeds of such securities in the agreement	10867
entered into under section 3318.08 of the Revised Code. No state	10868
moneys shall be released for a project to which this section	10869
applies until the proceeds of any bonds issued under this section	10870
that are dedicated for the payment of the school district portion	10871
of the project are first deposited into the school district's	10872
project construction fund.	10873

Sec. 135.80. (A) The legislative authority of a municipal	10874
corporation, by ordinance; the board of directors of a port	10875
authority or a lake facilities authority, by resolution; or the	10876
board of county commissioners, by resolution, may establish a	10877
linked deposit program authorizing the treasurer or governing	10878
board of the municipal corporation, the board of directors of the	10879
port authority or lake facilities authority, or the investing	10880
authority of the county, as created or designated by the ordinance	10881
or resolution, to place certificates of deposit at up to three per	10882
cent below market rates with an eligible lending institution	10883
applying for interim moneys as provided in section 135.08 of the	10884
Revised Code, selected to invest port authority or lake facilities	10885
authority moneys in linked deposit programs pursuant to section	10886
4582.54 or 353.15 of the Revised Code, or applying for inactive	10887
moneys as provided in section 135.32 of the Revised Code, provided	10888
the institution agrees to lend the value of such deposit to	10889
eligible borrowers at up to three per cent below the present	10890
borrowing rate applicable to each borrower. The ordinance or	10891
resolution shall include requirements and provisions that are	10892
necessary to establish the program, including, but not limited to:	10893

(1) Eligibility requirements for borrowers who may receive	10894
reduced rate loans under the program;	10895

(2) Application procedures for borrowers and institutions	10896
wishing to participate in the program;	10897

(3) Review procedures for applications and criteria for	10898
acceptance or rejection of applications for reduced rate loans;	10899

(4) Necessary agreements between the eligible lending	10900
institution and the treasurer or governing board of the municipal	10901
corporation, the board of directors of the port authority or lake	10902
facilities authority, or the investing authority of the county to	10903
carry out the purposes of the linked deposit program;	10904

(5) Annual reports regarding the operation of the program to	10905
be made by the treasurer or governing board to the legislative	10906
authority, the eligible lending institution to the board of	10907
directors of the port authority or lake facilities authority, or	10908
the investing authority to the board of county commissioners.	10909

(B) The municipal corporation and the treasurer or governing	10910
board, the port authority or lake facilities authority and the	10911
board of directors, and the county and the investing authority or	10912
the board of county commissioners, are not liable to any eligible	10913
lending institution in any manner for the payment of the principal	10914
or interest on any reduced rate loan made under the program, and	10915
any delay in payment or default on the part of any borrower does	10916
not in any manner affect the deposit agreement between the	10917
eligible lending institution and the treasurer or governing board,	10918
the board of directors, or the investing authority or board of	10919
county commissioners.	10920

(C) For purposes of this section~~, both of the following~~	10921
~~apply~~:	10922

(1) "Investing authority" has the same meaning as in section	10923
135.31 of the Revised Code.	10924

(2) "Port authority" means a port authority created in	10925
accordance with section 4582.22 of the Revised Code.	10926

(3) "Lake facilities authority" means a lake facilities	10927
authority created in accordance with section 353.02 of the Revised	10928
Code.	10929

Sec. 140.01. As used in this chapter:

10930

(A) "Hospital agency" means any public hospital agency or any	10931
nonprofit hospital agency.	10932

(B) "Public hospital agency" means any county, board of	10933
county hospital trustees established pursuant to section 339.02 of	10934
the Revised Code, county hospital commission established pursuant	10935
to section 339.14 of the Revised Code, municipal corporation, new	10936
community authority organized under Chapter 349. of the Revised	10937
Code, joint township hospital district, state or municipal	10938
university or college operating or authorized to operate a	10939
hospital facility, or the state.	10940

(C) "Nonprofit hospital agency" means a corporation or	10941
association not for profit, no part of the net earnings of which	10942
inures or may lawfully inure to the benefit of any private	10943
shareholder or individual, that has authority to own or operate a	10944
hospital facility or provides or is to provide services to one or	10945
more other hospital agencies.	10946

(D) "Governing body" means, in the case of a county, the	10947
board of county commissioners or other legislative body; in the	10948
case of a board of county hospital trustees, the board; in the	10949
case of a county hospital commission, the commission; in the case	10950
of a municipal corporation, the council or other legislative	10951
authority; in the case of a new community authority, its board of	10952
trustees; in the case of a joint township hospital district, the	10953
joint township district hospital board; in the case of a state or	10954
municipal university or college, its board of trustees or board of	10955
directors; in the case of a nonprofit hospital agency, the board	10956
of trustees or other body having general management of the agency;	10957
and, in the case of the state, the director of development	10958
services or the Ohio higher educational facility commission.	10959

(E) "Hospital facilities" means buildings, structures and	10960
other improvements, additions thereto and extensions thereof,	10961
furnishings, equipment, and real estate and interests in real	10962
estate, used or to be used for or in connection with one or more	10963
hospitals, emergency, intensive, intermediate, extended,	10964
long-term, or self-care facilities, diagnostic and treatment and	10965
out-patient facilities, facilities related to programs for home	10966
health services, clinics, laboratories, public health centers,	10967
research facilities, and rehabilitation facilities, for or	10968
pertaining to diagnosis, treatment, care, or rehabilitation of	10969
sick, ill, injured, infirm, impaired, disabled, or handicapped	10970
persons, or the prevention, detection, and control of disease, and	10971
also includes education, training, and food service facilities for	10972
health professions personnel, housing facilities for such	10973
personnel and their families, and parking and service facilities	10974
in connection with any of the foregoing; and includes any one,	10975
part of, or any combination of the foregoing; and further includes	10976
site improvements, utilities, machinery, facilities, furnishings,	10977
and any separate or connected buildings, structures, improvements,	10978
sites, utilities, facilities, or equipment to be used in, or in	10979
connection with the operation or maintenance of, or supplementing	10980
or otherwise related to the services or facilities to be provided	10981
by, any one or more of such hospital facilities.	10982

(F) "Costs of hospital facilities" means the costs of	10983
acquiring hospital facilities or interests in hospital facilities,	10984
including membership interests in nonprofit hospital agencies,	10985
costs of constructing hospital facilities, costs of improving one	10986
or more hospital facilities, including reconstructing,	10987
rehabilitating, remodeling, renovating, and enlarging, costs of	10988
equipping and furnishing such facilities, and all financing costs	10989
pertaining thereto, including, without limitation thereto, costs	10990
of engineering, architectural, and other professional services,	10991
designs, plans, specifications and surveys, and estimates of cost,	10992
costs of tests and inspections, the costs of any indemnity or	10993
surety bonds and premiums on insurance, all related direct or	10994
allocable administrative expenses pertaining thereto, fees and	10995
expenses of trustees, depositories, and paying agents for the	10996
obligations, cost of issuance of the obligations and financing	10997
charges and fees and expenses of financial advisors, attorneys,	10998
accountants, consultants and rating services in connection	10999
therewith, capitalized interest on the obligations, amounts	11000
necessary to establish reserves as required by the bond	11001
proceedings, the reimbursement of all moneys advanced or applied	11002
by the hospital agency or others or borrowed from others for the	11003
payment of any item or items of costs of such facilities, and all	11004
other expenses necessary or incident to planning or determining	11005
feasibility or practicability with respect to such facilities, and	11006
such other expenses as may be necessary or incident to the	11007
acquisition, construction, reconstruction, rehabilitation,	11008
remodeling, renovation, enlargement, improvement, equipment, and	11009
furnishing of such facilities, the financing thereof, and the	11010
placing of the same in use and operation, including any one, part	11011
of, or combination of such classes of costs and expenses, and	11012
means the costs of refinancing obligations issued by, or	11013
reimbursement of money advanced by, nonprofit hospital agencies or	11014
others the proceeds of which were used for the payment of costs of	11015
hospital facilities, if the governing body of the public hospital	11016
agency determines that the refinancing or reimbursement advances	11017
the purposes of this chapter, whether or not the refinancing or	11018
reimbursement is in conjunction with the acquisition or	11019
construction of additional hospital facilities.	11020

(G) "Hospital receipts" means all moneys received by or on	11021
behalf of a hospital agency from or in connection with the	11022
ownership, operation, acquisition, construction, improvement,	11023
equipping, or financing of any hospital facilities, including,	11024
without limitation thereto, any rentals and other moneys received	11025
from the lease, sale, or other disposition of hospital facilities,	11026
and any gifts, grants, interest subsidies, or other moneys	11027
received under any federal program for assistance in financing the	11028
costs of hospital facilities, and any other gifts, grants, and	11029
donations, and receipts therefrom, available for financing the	11030
costs of hospital facilities.	11031

(H) "Obligations" means bonds, notes, or other evidences of	11032
indebtedness or obligation, including interest coupons pertaining	11033
thereto, issued or issuable by a public hospital agency to pay	11034
costs of hospital facilities.	11035

(I) "Bond service charges" means principal, interest, and	11036
call premium, if any, required to be paid on obligations.	11037

(J) "Bond proceedings" means one or more ordinances,	11038
resolutions, trust agreements, indentures, and other agreements or	11039
documents, and amendments and supplements to the foregoing, or any	11040
combination thereof, authorizing or providing for the terms,	11041
including any variable interest rates, and conditions applicable	11042
to, or providing for the security of, obligations and the	11043
provisions contained in such obligations.	11044

(K) "Nursing home" has the same meaning as in division (A)(1)	11045
of section 5701.13 of the Revised Code.	11046

(L) "Residential care facility" has the same meaning as in	11047
division (A)(2) of section 5701.13 of the Revised Code.	11048

(M) "Independent living facility" means any self-care	11049
facility or other housing facility designed or used as a residence	11050
for elderly persons. An "independent living facility" does not	11051
include a residential facility, or that part of a residential	11052
facility, that is any of the following:	11053

(1) A hospital required to be certified by section 3727.02 of	11054
the Revised Code;	11055

(2) A nursing home or residential care facility;

11056

(3) A facility operated by a hospice care program licensed	11057
under section 3712.04 of the Revised Code and used for the	11058
program's hospice patients;	11059

(4) A residential facility licensed by the department of	11060
~~mental health~~mental health and addiction services under section	11061
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	11062
supervision, and personal care services for three to sixteen	11063
unrelated adults;	11064

(5) A residential facility licensed by the department of	11065
~~mental health~~mental health and addiction services under section	11066
~~5119.22~~5119.34 of the Revised Code that is not a residential	11067
facility described in division (M)(4) of this section;	11068

(6) A facility licensed to provide methadone treatment under	11069
section ~~3793.11~~5119.39 of the Revised Code;	11070

(7) A facility certified as ~~an alcohol and drug~~a community	11071
addiction ~~program~~services provider under section ~~3793.06~~5119.36	11072
of the Revised Code;	11073

(8) A residential facility licensed under section 5123.19 of	11074
the Revised Code or a facility providing services under a contract	11075
with the department of developmental disabilities under section	11076
5123.18 of the Revised Code;	11077

(9) A residential facility used as part of a hospital to	11078
provide housing for staff of the hospital or students pursuing a	11079
course of study at the hospital.	11080

Sec. 140.03. (A) Two or more hospital agencies may enter	11081
into agreements for the acquisition, construction, reconstruction,	11082
rehabilitation, remodeling, renovating, enlarging, equipping, and	11083
furnishing of hospital facilities, or the management, operation,	11084
occupancy, use, maintenance, and repair of hospital facilities, or	11085
for participation in programs, projects, activities, and services	11086
useful to, connected with, supplementing, or otherwise related to	11087
the services provided by, or the operation of, hospital facilities	11088
operated by one or more participating hospital agencies, including	11089
any combination of such purposes, all in such manner as to promote	11090
the public purpose stated in section 140.02 of the Revised Code. A	11091
city health district; general health district; board of alcohol,	11092
drug addiction, and mental health services; county board of	11093
developmental disabilities; the department of ~~mental health~~mental	11094
health and addiction services; the department of developmental	11095
disabilities; or any public body engaged in the education or	11096
training of health professions personnel may join in any such	11097
agreement for purposes related to its authority under laws	11098
applicable to it, and as such a participant shall be considered a	11099
public hospital agency or hospital agency for the purposes of this	11100
section.	11101

(B) An agreement entered into under authority of this section	11102
shall, where appropriate, provide for:	11103

(1) The manner in which the title to the hospital facilities,	11104
including the sites and interest in real estate pertaining	11105
thereto, is to be held, transferred, or disposed of;	11106

(2) Unless provided for by lease pursuant to section 140.05	11107
of the Revised Code, the method by which such hospital facilities	11108
are to be acquired, constructed, or otherwise improved and by	11109
which they shall be managed, occupied, maintained, and repaired,	11110
including the designation of one of the hospital agencies to have	11111
charge of the details of acquisition, construction, or improvement	11112
pursuant to the contracting procedures prescribed under the law	11113
applicable to one of the participating public hospital agencies;	11114

(3) The management or administration of any such programs,	11115
projects, activities, or services, which may include management or	11116
administration by one of said hospital agencies or a board or	11117
agency thereof;	11118

(4) Annual, or more frequent, reports to the participating	11119
hospital agencies as to the revenues and receipts pertaining to	11120
the subject of the agreement, the expenditures thereof, the status	11121
and application of other funds contributed under such agreement,	11122
and such other matters as may be specified by or pursuant to such	11123
agreement;	11124

(5) The manner of apportionment or sharing of costs of	11125
hospital facilities, any other applicable costs of management,	11126
operation, maintenance, and repair of hospital facilities, and	11127
costs for the programs, projects, activities, and services forming	11128
the subject of the agreement, which apportionment or sharing may	11129
be prescribed in fixed amounts, or determined by ratios, formulas,	11130
or otherwise, and paid as service charges, rentals, or in such	11131
other manner as provided in the agreement, and may include amounts	11132
sufficient to meet the bond service charges and other payments and	11133
deposits required under the bond proceedings for obligations	11134
issued to pay costs of hospital facilities. A hospital agency may	11135
commit itself to make such payments at least for so long as any	11136
such obligations are outstanding. In the apportionment, different	11137
classes of costs or expenses may be apportioned to one or more,	11138
all or less than all, of the participating hospital agencies as	11139
determined under such agreement.	11140

(C) An agreement entered into under authority of this section	11141
may provide for:	11142

(1) An orderly process for making determinations or advising	11143
as to planning, execution, implementation, and operation, which	11144
may include designating one of the hospital agencies, or a board	11145
thereof, for any of such purposes, provisions for a committee,	11146
board, or commission, and for representation thereon, or as may	11147
otherwise be provided;	11148

(2) Securing necessary personnel, including participation of	11149
personnel from the respective hospital agencies;	11150

(3) Standards or conditions for the admission or	11151
participation of patients and physicians;	11152

(4) Conditions for admittance of other hospital agencies to	11153
participation under the agreement;	11154

(5) Fixing or establishing the method of determining charges	11155
to be made for particular services;	11156

(6) The manner of amending, supplementing, terminating, or	11157
withdrawal or removal of any party from, the agreement, and the	11158
term of the agreement, or an indefinite term;	11159

(7) Designation of the applicants for or recipients of any	11160
federal, state, or other aid, assistance, or loans available by	11161
reason of any activities conducted under the agreement;	11162

(8) Designation of one or more of the participating hospital	11163
agencies to maintain, prepare, and submit, on behalf of all	11164
parties to the agreement, any or all records and reports with	11165
regard to the activities conducted under the agreement;	11166

(9) Any incidental use of the hospital facilities, or	11167
services thereof, by participating public hospital agencies for	11168
any of their lawful purposes, which incidental use does not impair	11169
the character of the facilities as hospital facilities for any	11170
purpose of this chapter;	11171

(10) Such other matters as the parties thereto may agree upon	11172
for the purposes of division (A) of this section.	11173

(D) For the purpose of paying or contributing its share under	11174
an agreement made under this section, a public hospital agency	11175
may:	11176

(1) Expend any moneys from its general fund, and from any	11177
other funds not otherwise restricted by law, but including funds	11178
for permanent improvements of hospital facilities of such public	11179
hospital agency where the contribution is to be made toward the	11180
costs of hospital facilities under the agreement, and including	11181
funds derived from levies for, or receipts available for,	11182
operating expenses of hospital facilities or services of such	11183
public hospital agency where the contribution or payment is to be	11184
made toward operating expenses of the hospital facilities or	11185
services under the agreement or for the services provided thereby;	11186

(2) Issue obligations under Chapter 133. or section 140.06,	11187
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	11188
3 of Article XVIII, Ohio Constitution, if applicable to such	11189
public hospital agency, to pay costs of hospital facilities, or	11190
issue obligations under any other provision of law authorizing	11191
such public hospital agency to issue obligations for any costs of	11192
hospital facilities;	11193

(3) Levy taxes under Chapter 5705. or section 513.13 or	11194
3709.29 of the Revised Code, if applicable to such public hospital	11195
agency, provided that the purpose of such levy may include the	11196
provision of funds for either or both permanent improvements and	11197
current expenses if required for the contribution or payment of	11198
such hospital agency under such agreement, and each such public	11199
hospital agency may issue notes in anticipation of any such levy,	11200
pursuant to the procedures provided in section 5705.191 of the	11201
Revised Code if the levy is solely for current expenses, and in	11202
section 5705.193 of the Revised Code if the levy is all or in part	11203
for permanent improvements;	11204

(4) Contribute real and personal property or interest therein	11205
without necessity for competitive bidding or public auction on	11206
disposition of such property.	11207

(E) Any funds provided by public hospital agencies that are	11208
parties to an agreement entered into under this section shall be	11209
transferred to and placed in a separate fund or funds of such	11210
participating public hospital agency as is designated under the	11211
agreement. The funds shall be applied for the purposes provided in	11212
such agreement and are subject to audit. Pursuant to any	11213
determinations to be made under such agreement, the funds shall be	11214
deposited, invested, and disbursed under the provisions of law	11215
applicable to the public hospital agency in whose custody the	11216
funds are held. This division is subject to the provisions of any	11217
applicable bond proceedings under section 133.08, 140.06, 339.15,	11218
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	11219
Constitution. The records and reports of such public hospital	11220
agency under Chapter 117. of the Revised Code and sections 3702.51	11221
to 3702.62 of the Revised Code, with respect to the funds shall be	11222
sufficient without necessity for reports thereon by the other	11223
public hospital agencies participating under such agreement.	11224

(F)(1) Prior to its entry into any such agreement, the public	11225
hospital agency must determine, and set forth in a resolution or	11226
ordinance, that the contribution to be made by it under such	11227
agreement will be fair consideration for value and benefit to be	11228
derived by it under such agreement and that the agreement will	11229
promote the public purpose stated in section 140.02 of the Revised	11230
Code.	11231

(2) If the agreement is with a board of county commissioners,	11232
board of county hospital trustees, or county hospital commission	11233
and is an initial agreement for the acquisition or operation of a	11234
county hospital operated by a board of county hospital trustees	11235
under section 339.06 of the Revised Code, the governing body of	11236
the public hospital agency shall submit the agreement, accompanied	11237
by the resolution or ordinance, to the board of county	11238
commissioners for review pursuant to section 339.091 of the	11239
Revised Code. The agreement may be entered into only if the board	11240
of county commissioners adopts a resolution under that section.	11241
The requirements of division (F)(2) of this section do not apply	11242
to the agreement if one or more hospitals classified as general	11243
hospitals by the director of health under section 3701.07 of the	11244
Revised Code are operating in the same county as the county	11245
hospital.	11246

Sec. 140.05. (A)(1) A public hospital agency may lease any	11247
hospital facility to one or more hospital agencies for use as a	11248
hospital facility, or to one or more city or general health	11249
districts; boards of alcohol, drug addiction, and mental health	11250
services; county boards of developmental disabilities; the	11251
department of ~~mental health~~mental health and addiction services;	11252
or the department of developmental disabilities, for uses which	11253
they are authorized to make thereof under the laws applicable to	11254
them, or any combination of them, and they may lease such	11255
facilities to or from a hospital agency for such uses, upon such	11256
terms and conditions as are agreed upon by the parties. Such lease	11257
may be for a term of fifty years or less and may provide for an	11258
option of the lessee to renew for a term of fifty years or less,	11259
as therein set forth. Prior to entering into such lease, the	11260
governing body of any public hospital agency granting such lease	11261
must determine, and set forth in a resolution or ordinance, that	11262
such lease will promote the public purpose stated in section	11263
140.02 of the Revised Code and that the lessor public hospital	11264
agency will be duly benefited thereby.	11265

(2) If the lease is with a board of county commissioners,	11266
board of county hospital trustees, or county hospital commission	11267
and is an agreement for the initial lease of a county hospital	11268
operated by a board of county hospital trustees under section	11269
339.06 of the Revised Code, the governing body of the public	11270
hospital agency shall submit the agreement, accompanied by the	11271
resolution or ordinance, to the board of county commissioners for	11272
review pursuant to section 339.091 of the Revised Code. The	11273
agreement may be entered into only if the board of county	11274
commissioners adopts a resolution under that section. The	11275
requirements of division (A)(2) of this section do not apply to	11276
the lease if one or more hospitals classified as general hospitals	11277
by the director of health under section 3701.07 of the Revised	11278
Code are operating in the same county as the county hospital.	11279

(B) Any lease entered into pursuant to this section shall	11280
provide that in the event that the lessee fails faithfully and	11281
efficiently to administer, maintain, and operate such leased	11282
facilities as hospital facilities, or fails to provide the	11283
services thereof without regard to race, creed, color, or national	11284
origin, or fails to require that any hospital agency using such	11285
facilities or the services thereof shall not discriminate by	11286
reason of race, creed, color, or national origin, after an	11287
opportunity to be heard upon written charges, said lease may be	11288
terminated at the time, in the manner and with consequences	11289
therein provided. If any such lease does not contain terms to the	11290
effect provided in this division, it shall nevertheless be deemed	11291
to contain such terms which shall be implemented as determined by	11292
the governing body of the lessor.	11293

(C) Such lease may provide for rentals commencing at any time	11294
agreed upon, or advance rental, and continuing for such period	11295
therein provided, notwithstanding and without diminution, rebate,	11296
or setoff by reason of time of availability of the hospital	11297
facility for use, delays in construction, failure of completion,	11298
damage or destruction of the hospital facilities, or for any other	11299
reason.	11300

(D) Such lease may provide for the sale or transfer of title	11301
of the leased facilities pursuant to an option to purchase,	11302
lease-purchase, or installment purchase upon terms therein	11303
provided or to be determined as therein provided, which may	11304
include provision for the continued use thereof as a hospital	11305
facility for some reasonable period, taking into account efficient	11306
useful life and other factors, as is provided therein.	11307

(E) Such lease may be entered as part of or in connection	11308
with an agreement pursuant to section 140.03 of the Revised Code.	11309
Any hospital facilities which are the subject of an agreement	11310
entered into under section 140.03 of the Revised Code may be	11311
leased pursuant to this section.	11312

(F) If land acquired by a public hospital agency for a	11313
hospital facility is adjacent to an existing hospital facility	11314
owned by another hospital agency, the public hospital agency may,	11315
in connection with such acquisition or the leasing of such land	11316
and hospital facilities thereon to one or more hospital agencies,	11317
enter into an agreement with the hospital agency which owns such	11318
adjacent hospital facility for the use of common walls in the	11319
construction, operation, or maintenance of hospital facilities of	11320
the public hospital agency. For the purpose of construction,	11321
operation, or maintenance of hospital facilities, a public	11322
hospital agency may acquire by purchase, gift, lease, lease with	11323
option to purchase, lease-purchase, or installment purchase,	11324
easement deed, or other agreement, real estate and interests in	11325
real estate, including rights to use space over, under or upon	11326
real property owned by others, and support, access, common wall,	11327
and other rights in connection therewith. Any public hospital	11328
agency or other political subdivision or any public agency, board,	11329
commission, institution, body, or instrumentality may grant such	11330
real estate, interests, or rights to any hospital agency upon such	11331
terms as are agreed upon without necessity for competitive bidding	11332
or public auction.	11333

Sec. 145.01. As used in this chapter:

11334

(A) "Public employee" means:

11335

(1) Any person holding an office, not elective, under the	11336
state or any county, township, municipal corporation, park	11337
district, conservancy district, sanitary district, health	11338
district, metropolitan housing authority, state retirement board,	11339
Ohio historical society, public library, county law library, union	11340
cemetery, joint hospital, institutional commissary, state	11341
university, or board, bureau, commission, council, committee,	11342
authority, or administrative body as the same are, or have been,	11343
created by action of the general assembly or by the legislative	11344
authority of any of the units of local government named in	11345
division (A)(1) of this section, or employed and paid in whole or	11346
in part by the state or any of the authorities named in division	11347
(A)(1) of this section in any capacity not covered by section	11348
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	11349

(2) A person who is a member of the public employees	11350
retirement system and who continues to perform the same or similar	11351
duties under the direction of a contractor who has contracted to	11352
take over what before the date of the contract was a publicly	11353
operated function. The governmental unit with which the contract	11354
has been made shall be deemed the employer for the purposes of	11355
administering this chapter.	11356

(3) Any person who is an employee of a public employer,	11357
notwithstanding that the person's compensation for that employment	11358
is derived from funds of a person or entity other than the	11359
employer. Credit for such service shall be included as total	11360
service credit, provided that the employee makes the payments	11361
required by this chapter, and the employer makes the payments	11362
required by sections 145.48 and 145.51 of the Revised Code.	11363

(4) A person who elects in accordance with section 145.015 of	11364
the Revised Code to remain a contributing member of the public	11365
employees retirement system.	11366

(5) A person who is an employee of the legal rights service	11367
on September 30, 2012, and continues to be employed by the	11368
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	11369
153 of the 129th general assembly. The nonprofit entity is the	11370
employer for the purpose of this chapter.	11371

In all cases of doubt, the public employees retirement board	11372
shall determine under section 145.036, 145.037, or 145.038 of the	11373
Revised Code whether any person is a public employee, and its	11374
decision is final.	11375

(B) "Member" means any public employee, other than a public	11376
employee excluded or exempted from membership in the retirement	11377
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	11378
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	11379
retirant who becomes a member under division (C) of section 145.38	11380
of the Revised Code. "Member" also includes a disability benefit	11381
recipient.	11382

(C) "Head of the department" means the elective or appointive	11383
head of the several executive, judicial, and administrative	11384
departments, institutions, boards, and commissions of the state	11385
and local government as the same are created and defined by the	11386
laws of this state or, in case of a charter government, by that	11387
charter.	11388

(D) "Employer" or "public employer" means the state or any	11389
county, township, municipal corporation, park district,	11390
conservancy district, sanitary district, health district,	11391
metropolitan housing authority, state retirement board, Ohio	11392
historical society, public library, county law library, union	11393
cemetery, joint hospital, institutional commissary, state medical	11394
university, state university, or board, bureau, commission,	11395
council, committee, authority, or administrative body as the same	11396
are, or have been, created by action of the general assembly or by	11397
the legislative authority of any of the units of local government	11398
named in this division not covered by section 742.01, 3307.01,	11399
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	11400
means the employer of any public employee.	11401

(E) "Prior military service" also means all service credited	11402
for active duty with the armed forces of the United States as	11403
provided in section 145.30 of the Revised Code.	11404

(F) "Contributor" means any person who has an account in the	11405
employees' savings fund created by section 145.23 of the Revised	11406
Code. When used in the sections listed in division (B) of section	11407
145.82 of the Revised Code, "contributor" includes any person	11408
participating in a PERS defined contribution plan.	11409

(G) "Beneficiary" or "beneficiaries" means the estate or a	11410
person or persons who, as the result of the death of a member,	11411
contributor, or retirant, qualify for or are receiving some right	11412
or benefit under this chapter.	11413

(H)(1) "Total service credit," except as provided in section	11414
145.37 of the Revised Code, means all service credited to a member	11415
of the retirement system since last becoming a member, including	11416
restored service credit as provided by section 145.31 of the	11417
Revised Code; credit purchased under sections 145.293 and 145.299	11418
of the Revised Code; all the member's military service credit	11419
computed as provided in this chapter; all service credit	11420
established pursuant to section 145.297 of the Revised Code; and	11421
any other service credited under this chapter. For the exclusive	11422
purpose of satisfying the service credit requirement and of	11423
determining eligibility for benefits under sections 145.32,	11424
145.33, 145.331, 145.332, 145.35, 145.36, and 145.361 of the	11425
Revised Code, "five or more years of total service credit" means	11426
sixty or more calendar months of contributing service in this	11427
system.	11428

(2) "One and one-half years of contributing service credit,"	11429
as used in division (B) of section 145.45 of the Revised Code,	11430
also means eighteen or more calendar months of employment by a	11431
municipal corporation that formerly operated its own retirement	11432
plan for its employees or a part of its employees, provided that	11433
all employees of that municipal retirement plan who have eighteen	11434
or more months of such employment, upon establishing membership in	11435
the public employees retirement system, shall make a payment of	11436
the contributions they would have paid had they been members of	11437
this system for the eighteen months of employment preceding the	11438
date membership was established. When that payment has been made	11439
by all such employee members, a corresponding payment shall be	11440
paid into the employers' accumulation fund by that municipal	11441
corporation as the employer of the employees.	11442

(3) Where a member also is a member of the state teachers	11443
retirement system or the school employees retirement system, or	11444
both, except in cases of retirement on a combined basis pursuant	11445
to section 145.37 of the Revised Code or as provided in section	11446
145.383 of the Revised Code, service credit for any period shall	11447
be credited on the basis of the ratio that contributions to the	11448
public employees retirement system bear to total contributions in	11449
all state retirement systems.	11450

(4) Not more than one year of credit may be given for any	11451
period of twelve months.	11452

(5) "Ohio service credit" means credit for service that was	11453
rendered to the state or any of its political subdivisions or any	11454
employer.	11455

(I) "Regular interest" means interest at any rates for the	11456
respective funds and accounts as the public employees retirement	11457
board may determine from time to time.	11458

(J) "Accumulated contributions" means the sum of all amounts	11459
credited to a contributor's individual account in the employees'	11460
savings fund together with any interest credited to the	11461
contributor's account under section 145.471 or 145.472 of the	11462
Revised Code.	11463

(K)(1) "Final average salary" means the greater of the	11464
following:	11465

(a) The sum of the member's earnable salaries for the	11466
appropriate number of calendar years of contributing service,	11467
determined under section 145.017 of the Revised Code, in which the	11468
member's earnable salary was highest, divided by the same number	11469
of calendar years or, if the member has fewer than the appropriate	11470
number of calendar years of contributing service, the total of the	11471
member's earnable salary for all years of contributing service	11472
divided by the number of calendar years of the member's	11473
contributing service;	11474

(b) The sum of a member's earnable salaries for the	11475
appropriate number of consecutive months, determined under section	11476
145.017 of the Revised Code, that were the member's last months of	11477
service, up to and including the last month, divided by the	11478
appropriate number of years or, if the time between the first and	11479
final months of service is less than the appropriate number of	11480
consecutive months, the total of the member's earnable salary for	11481
all months of contributing service divided by the number of years	11482
between the first and final months of contributing service,	11483
including any fraction of a year, except that the member's final	11484
average salary shall not exceed the member's highest earnable	11485
salary for any twelve consecutive months.	11486

(2) If contributions were made in only one calendar year,	11487
"final average salary" means the member's total earnable salary.	11488

(L) "Annuity" means payments for life derived from	11489
contributions made by a contributor and paid from the annuity and	11490
pension reserve fund as provided in this chapter. All annuities	11491
shall be paid in twelve equal monthly installments.	11492

(M) "Annuity reserve" means the present value, computed upon	11493
the basis of the mortality and other tables adopted by the board,	11494
of all payments to be made on account of any annuity, or benefit	11495
in lieu of any annuity, granted to a retirant as provided in this	11496
chapter.	11497

(N)(1) "Disability retirement" means retirement as provided	11498
in section 145.36 of the Revised Code.	11499

(2) "Disability allowance" means an allowance paid on account	11500
of disability under section 145.361 of the Revised Code.	11501

(3) "Disability benefit" means a benefit paid as disability	11502
retirement under section 145.36 of the Revised Code, as a	11503
disability allowance under section 145.361 of the Revised Code, or	11504
as a disability benefit under section 145.37 of the Revised Code.	11505

(4) "Disability benefit recipient" means a member who is	11506
receiving a disability benefit.	11507

(O) "Age and service retirement" means retirement as provided	11508
in sections 145.32, 145.33, 145.331, 145.332, 145.37, and 145.46	11509
and former section 145.34 of the Revised Code.	11510

(P) "Pensions" means annual payments for life derived from	11511
contributions made by the employer that at the time of retirement	11512
are credited into the annuity and pension reserve fund from the	11513
employers' accumulation fund and paid from the annuity and pension	11514
reserve fund as provided in this chapter. All pensions shall be	11515
paid in twelve equal monthly installments.	11516

(Q) "Retirement allowance" means the pension plus that	11517
portion of the benefit derived from contributions made by the	11518
member.	11519

(R)(1) Except as otherwise provided in division (R) of this	11520
section, "earnable salary" means all salary, wages, and other	11521
earnings paid to a contributor by reason of employment in a	11522
position covered by the retirement system. The salary, wages, and	11523
other earnings shall be determined prior to determination of the	11524
amount required to be contributed to the employees' savings fund	11525
under section 145.47 of the Revised Code and without regard to	11526
whether any of the salary, wages, or other earnings are treated as	11527
deferred income for federal income tax purposes. "Earnable salary"	11528
includes the following:	11529

(a) Payments made by the employer in lieu of salary, wages,	11530
or other earnings for sick leave, personal leave, or vacation used	11531
by the contributor;	11532

(b) Payments made by the employer for the conversion of sick	11533
leave, personal leave, and vacation leave accrued, but not used if	11534
the payment is made during the year in which the leave is accrued,	11535
except that payments made pursuant to section 124.383 or 124.386	11536
of the Revised Code are not earnable salary;	11537

(c) Allowances paid by the employer for maintenance,	11538
consisting of housing, laundry, and meals, as certified to the	11539
retirement board by the employer or the head of the department	11540
that employs the contributor;	11541

(d) Fees and commissions paid under section 507.09 of the	11542
Revised Code;	11543

(e) Payments that are made under a disability leave program	11544
sponsored by the employer and for which the employer is required	11545
by section 145.296 of the Revised Code to make periodic employer	11546
and employee contributions;	11547

(f) Amounts included pursuant to former division (K)(3) and	11548
former division (Y) of this section and section 145.2916 of the	11549
Revised Code.	11550

(2) "Earnable salary" does not include any of the following:

11551

(a) Fees and commissions, other than those paid under section	11552
507.09 of the Revised Code, paid as sole compensation for personal	11553
services and fees and commissions for special services over and	11554
above services for which the contributor receives a salary;	11555

(b) Amounts paid by the employer to provide life insurance,	11556
sickness, accident, endowment, health, medical, hospital, dental,	11557
or surgical coverage, or other insurance for the contributor or	11558
the contributor's family, or amounts paid by the employer to the	11559
contributor in lieu of providing the insurance;	11560

(c) Incidental benefits, including lodging, food, laundry,	11561
parking, or services furnished by the employer, or use of the	11562
employer's property or equipment, or amounts paid by the employer	11563
to the contributor in lieu of providing the incidental benefits;	11564

(d) Reimbursement for job-related expenses authorized by the	11565
employer, including moving and travel expenses and expenses	11566
related to professional development;	11567

(e) Payments for accrued but unused sick leave, personal	11568
leave, or vacation that are made at any time other than in the	11569
year in which the sick leave, personal leave, or vacation was	11570
accrued;	11571

(f) Payments made to or on behalf of a contributor that are	11572
in excess of the annual compensation that may be taken into	11573
account by the retirement system under division (a)(17) of section	11574
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	11575
U.S.C.A. 401(a)(17), as amended;	11576

(g) Payments made under division (B), (C), or (E) of section	11577
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	11578
No. 3 of the 119th general assembly, Section 3 of Amended	11579
Substitute Senate Bill No. 164 of the 124th general assembly, or	11580
Amended Substitute House Bill No. 405 of the 124th general	11581
assembly;	11582

(h) Anything of value received by the contributor that is	11583
based on or attributable to retirement or an agreement to retire,	11584
except that payments made on or before January 1, 1989, that are	11585
based on or attributable to an agreement to retire shall be	11586
included in earnable salary if both of the following apply:	11587

(i) The payments are made in accordance with contract	11588
provisions that were in effect prior to January 1, 1986;	11589

(ii) The employer pays the retirement system an amount	11590
specified by the retirement board equal to the additional	11591
liability resulting from the payments.	11592

(i) The portion of any amount included in section 145.2916 of	11593
the Revised Code that represents employer contributions.	11594

(3) The retirement board shall determine by rule whether any	11595
compensation not enumerated in division (R) of this section is	11596
earnable salary, and its decision shall be final.	11597

(S) "Pension reserve" means the present value, computed upon	11598
the basis of the mortality and other tables adopted by the board,	11599
of all payments to be made on account of any retirement allowance	11600
or benefit in lieu of any retirement allowance, granted to a	11601
member or beneficiary under this chapter.	11602

(T) "Contributing service" means both of the following:

11603

(1) All service credited to a member of the system since	11604
January 1, 1935, for which contributions are made as required by	11605
sections 145.47, 145.48, and 145.483 of the Revised Code. In any	11606
year subsequent to 1934, credit for any service shall be allowed	11607
in accordance with section 145.016 of the Revised Code.	11608

(2) Service credit received by election of the member under	11609
section 145.814 of the Revised Code.	11610

(U) "State retirement board" means the public employees	11611
retirement board, the school employees retirement board, or the	11612
state teachers retirement board.	11613

(V) "Retirant" means any former member who retires and is	11614
receiving a monthly allowance as provided in sections 145.32,	11615
145.33, 145.331, 145.332, and 145.46 and former section 145.34 of	11616
the Revised Code.	11617

(W) "Employer contribution" means the amount paid by an	11618
employer as determined under section 145.48 of the Revised Code.	11619

(X) "Public service terminates" means the last day for which	11620
a public employee is compensated for services performed for an	11621
employer or the date of the employee's death, whichever occurs	11622
first.	11623

(Y) "Five years of service credit," for the exclusive purpose	11624
of satisfying the service credit requirements and of determining	11625
eligibility under section 145.33 or 145.332 of the Revised Code,	11626
means employment covered under this chapter or under a former	11627
retirement plan operated, recognized, or endorsed by the employer	11628
prior to coverage under this chapter or under a combination of the	11629
coverage.	11630

(Z) "Deputy sheriff" means any person who is commissioned and	11631
employed as a full-time peace officer by the sheriff of any	11632
county, and has been so employed since on or before December 31,	11633
1965; any person who is or has been commissioned and employed as a	11634
peace officer by the sheriff of any county since January 1, 1966,	11635
and who has received a certificate attesting to the person's	11636
satisfactory completion of the peace officer training school as	11637
required by section 109.77 of the Revised Code; or any person	11638
deputized by the sheriff of any county and employed pursuant to	11639
section 2301.12 of the Revised Code as a criminal bailiff or court	11640
constable who has received a certificate attesting to the person's	11641
satisfactory completion of the peace officer training school as	11642
required by section 109.77 of the Revised Code.	11643

(AA) "Township constable or police officer in a township	11644
police department or district" means any person who is	11645
commissioned and employed as a full-time peace officer pursuant to	11646
Chapter 505. or 509. of the Revised Code, who has received a	11647
certificate attesting to the person's satisfactory completion of	11648
the peace officer training school as required by section 109.77 of	11649
the Revised Code.	11650

(BB) "Drug agent" means any person who is either of the	11651
following:	11652

(1) Employed full time as a narcotics agent by a county	11653
narcotics agency created pursuant to section 307.15 of the Revised	11654
Code and has received a certificate attesting to the satisfactory	11655
completion of the peace officer training school as required by	11656
section 109.77 of the Revised Code;	11657

(2) Employed full time as an undercover drug agent as defined	11658
in section 109.79 of the Revised Code and is in compliance with	11659
section 109.77 of the Revised Code.	11660

(CC) "Department of public safety enforcement agent" means a	11661
full-time employee of the department of public safety who is	11662
designated under section 5502.14 of the Revised Code as an	11663
enforcement agent and who is in compliance with section 109.77 of	11664
the Revised Code.	11665

(DD) "Natural resources law enforcement staff officer" means	11666
a full-time employee of the department of natural resources who is	11667
designated a natural resources law enforcement staff officer under	11668
section 1501.013 of the Revised Code and is in compliance with	11669
section 109.77 of the Revised Code.	11670

(EE) "Park officer" means a full-time employee of the	11671
department of natural resources who is designated a park officer	11672
under section 1541.10 of the Revised Code and is in compliance	11673
with section 109.77 of the Revised Code.	11674

(FF) "Forest officer" means a full-time employee of the	11675
department of natural resources who is designated a forest officer	11676
under section 1503.29 of the Revised Code and is in compliance	11677
with section 109.77 of the Revised Code.	11678

(GG) "Preserve officer" means a full-time employee of the	11679
department of natural resources who is designated a preserve	11680
officer under section 1517.10 of the Revised Code and is in	11681
compliance with section 109.77 of the Revised Code.	11682

(HH) "Wildlife officer" means a full-time employee of the	11683
department of natural resources who is designated a wildlife	11684
officer under section 1531.13 of the Revised Code and is in	11685
compliance with section 109.77 of the Revised Code.	11686

(II) "State watercraft officer" means a full-time employee of	11687
the department of natural resources who is designated a state	11688
watercraft officer under section 1547.521 of the Revised Code and	11689
is in compliance with section 109.77 of the Revised Code.	11690

(JJ) "Park district police officer" means a full-time	11691
employee of a park district who is designated pursuant to section	11692
511.232 or 1545.13 of the Revised Code and is in compliance with	11693
section 109.77 of the Revised Code.	11694

(KK) "Conservancy district officer" means a full-time	11695
employee of a conservancy district who is designated pursuant to	11696
section 6101.75 of the Revised Code and is in compliance with	11697
section 109.77 of the Revised Code.	11698

(LL) "Municipal police officer" means a member of the	11699
organized police department of a municipal corporation who is	11700
employed full time, is in compliance with section 109.77 of the	11701
Revised Code, and is not a member of the Ohio police and fire	11702
pension fund.	11703

(MM) "Veterans' home police officer" means any person who is	11704
employed at a veterans' home as a police officer pursuant to	11705
section 5907.02 of the Revised Code and is in compliance with	11706
section 109.77 of the Revised Code.	11707

(NN) "Special police officer for a mental health institution"	11708
means any person who is designated as such pursuant to section	11709
~~5119.14~~5119.08 of the Revised Code and is in compliance with	11710
section 109.77 of the Revised Code.	11711

(OO) "Special police officer for an institution for the	11712
developmentally disabled" means any person who is designated as	11713
such pursuant to section 5123.13 of the Revised Code and is in	11714
compliance with section 109.77 of the Revised Code.	11715

(PP) "State university law enforcement officer" means any	11716
person who is employed full time as a state university law	11717
enforcement officer pursuant to section 3345.04 of the Revised	11718
Code and who is in compliance with section 109.77 of the Revised	11719
Code.	11720

(QQ) "House sergeant at arms" means any person appointed by	11721
the speaker of the house of representatives under division (B)(1)	11722
of section 101.311 of the Revised Code who has arrest authority	11723
under division (E)(1) of that section.	11724

(RR) "Assistant house sergeant at arms" means any person	11725
appointed by the house sergeant at arms under division (C)(1) of	11726
section 101.311 of the Revised Code.	11727

(SS) "Regional transit authority police officer" means a	11728
person who is employed full time as a regional transit authority	11729
police officer under division (Y) of section 306.35 of the Revised	11730
Code and is in compliance with section 109.77 of the Revised Code.	11731

(TT) "State highway patrol police officer" means a special	11732
police officer employed full time and designated by the	11733
superintendent of the state highway patrol pursuant to section	11734
5503.09 of the Revised Code or a person serving full time as a	11735
special police officer pursuant to that section on a permanent	11736
basis on October 21, 1997, who is in compliance with section	11737
109.77 of the Revised Code.	11738

(UU) "Municipal public safety director" means a person who	11739
serves full time as the public safety director of a municipal	11740
corporation with the duty of directing the activities of the	11741
municipal corporation's police department and fire department.	11742

(VV) Notwithstanding section 2901.01 of the Revised Code,	11743
"PERS law enforcement officer" means a sheriff or any of the	11744
following whose primary duties are to preserve the peace, protect	11745
life and property, and enforce the laws of this state: a deputy	11746
sheriff, township constable or police officer in a township police	11747
department or district, drug agent, department of public safety	11748
enforcement agent, natural resources law enforcement staff	11749
officer, park officer, forest officer, preserve officer, wildlife	11750
officer, state watercraft officer, park district police officer,	11751
conservancy district officer, veterans' home police officer,	11752
special police officer for a mental health institution, special	11753
police officer for an institution for the developmentally	11754
disabled, state university law enforcement officer, municipal	11755
police officer, house sergeant at arms, assistant house sergeant	11756
at arms, regional transit authority police officer, or state	11757
highway patrol police officer. "PERS law enforcement officer" also	11758
includes a person serving as a municipal public safety director at	11759
any time during the period from September 29, 2005, to March 24,	11760
2009, if the duties of that service were to preserve the peace,	11761
protect life and property, and enforce the laws of this state.	11762

(WW) "Hamilton county municipal court bailiff" means a person	11763
appointed by the clerk of courts of the Hamilton county municipal	11764
court under division (A)(3) of section 1901.32 of the Revised Code	11765
who is employed full time as a bailiff or deputy bailiff, who has	11766
received a certificate attesting to the person's satisfactory	11767
completion of the peace officer basic training described in	11768
division (D)(1) of section 109.77 of the Revised Code.	11769

(XX) "PERS public safety officer" means a Hamilton county	11770
municipal court bailiff, or any of the following whose primary	11771
duties are other than to preserve the peace, protect life and	11772
property, and enforce the laws of this state: a deputy sheriff,	11773
township constable or police officer in a township police	11774
department or district, drug agent, department of public safety	11775
enforcement agent, natural resources law enforcement staff	11776
officer, park officer, forest officer, preserve officer, wildlife	11777
officer, state watercraft officer, park district police officer,	11778
conservancy district officer, veterans' home police officer,	11779
special police officer for a mental health institution, special	11780
police officer for an institution for the ~~mentally retarded and~~	11781
developmentally disabled, state university law enforcement	11782
officer, municipal police officer, house sergeant at arms,	11783
assistant house sergeant at arms, regional transit authority	11784
police officer, or state highway patrol police officer. "PERS	11785
public safety officer" also includes a person serving as a	11786
municipal public safety director at any time during the period	11787
from September 29, 2005, to March 24, 2009, if the duties of that	11788
service were other than to preserve the peace, protect life and	11789
property, and enforce the laws of this state.	11790

(YY) "Fiduciary" means a person who does any of the	11791
following:	11792

(1) Exercises any discretionary authority or control with	11793
respect to the management of the system or with respect to the	11794
management or disposition of its assets;	11795

(2) Renders investment advice for a fee, direct or indirect,	11796
with respect to money or property of the system;	11797

(3) Has any discretionary authority or responsibility in the	11798
administration of the system.	11799

(ZZ) "Actuary" means an individual who satisfies all of the	11800
following requirements:	11801

(1) Is a member of the American academy of actuaries;

11802

(2) Is an associate or fellow of the society of actuaries;

11803

(3) Has a minimum of five years' experience in providing	11804
actuarial services to public retirement plans.	11805

(AAA) "PERS defined benefit plan" means the plan described in	11806
sections 145.201 to 145.79 of the Revised Code.	11807

(BBB) "PERS defined contribution plans" means the plan or	11808
plans established under section 145.81 of the Revised Code.	11809

Sec. 145.012. (A) "Public employee," as defined in division	11810
(A) of section 145.01 of the Revised Code, does not include any	11811
person:	11812

(1) Who is employed by a private, temporary-help service and	11813
performs services under the direction of a public employer or is	11814
employed on a contractual basis as an independent contractor under	11815
a personal service contract with a public employer;	11816

(2) Who is an emergency employee serving on a temporary basis	11817
in case of fire, snow, earthquake, flood, or other similar	11818
emergency;	11819

(3) Who is employed in a program established pursuant to the	11820
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	11821
1501;	11822

(4) Who is an appointed member of either the motor vehicle	11823
salvage dealers board or the motor vehicle dealer's board whose	11824
rate and method of payment are determined pursuant to division (J)	11825
of section 124.15 of the Revised Code;	11826

(5) Who is employed as an election worker and paid less than	11827
five hundred dollars per calendar year for that service;	11828

(6) Who is employed as a firefighter in a position requiring	11829
satisfactory completion of a firefighter training course approved	11830
under former section 3303.07 or section 4765.55 of the Revised	11831
Code or conducted under section 3737.33 of the Revised Code except	11832
for the following:	11833

(a) Any firefighter who has elected under section 145.013 of	11834
the Revised Code to remain a contributing member of the public	11835
employees retirement system;	11836

(b) Any firefighter who was eligible to transfer from the	11837
public employees retirement system to the Ohio police and fire	11838
pension fund under section 742.51 or 742.515 of the Revised Code	11839
and did not elect to transfer;	11840

(c) Any firefighter who has elected under section 742.516 of	11841
the Revised Code to transfer from the Ohio police and fire pension	11842
fund to the public employees retirement system.	11843

(7) Who is a member of the board of health of a city or	11844
general health district, which pursuant to sections 3709.051 and	11845
3709.07 of the Revised Code includes a combined health district,	11846
and whose compensation for attendance at meetings of the board is	11847
set forth in division (B) of section 3709.02 or division (B) of	11848
section 3709.05 of the Revised Code, as appropriate;	11849

(8) Who participates in an alternative retirement plan	11850
established under Chapter 3305. of the Revised Code;	11851

(9) Who is a member of the board of directors of a sanitary	11852
district established under Chapter 6115. of the Revised Code;	11853

(10) Who is a member of the unemployment compensation	11854
advisory council;	11855

(11) Who is an employee, officer, or governor-appointed	11856
member of the board of directors of the nonprofit corporation	11857
formed under section 187.01 of the Revised Code;	11858

(12) Who is employed by the nonprofit entity established to	11859
provide advocacy services and a client assistance program for	11860
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	11861
of the 129th general assembly and whose employment begins on or	11862
after October 1, 2012.	11863

(B) No inmate of a correctional institution operated by the	11864
department of rehabilitation and correction, no patient in a	11865
hospital for the mentally ill or criminally insane operated by the	11866
department of ~~mental health~~mental health and addiction services,	11867
no resident in an institution for the mentally retarded operated	11868
by the department of developmental disabilities, no resident	11869
admitted as a patient of a veterans' home operated under Chapter	11870
5907. of the Revised Code, and no resident of a county home shall	11871
be considered as a public employee for the purpose of establishing	11872
membership or calculating service credit or benefits under this	11873
chapter. Nothing in this division shall be construed to affect any	11874
service credit attained by any person who was a public employee	11875
before becoming an inmate, patient, or resident at any institution	11876
listed in this division, or the payment of any benefit for which	11877
such a person or such a person's beneficiaries otherwise would be	11878
eligible.	11879

Sec. 145.22. (A) The public employees retirement board shall	11880
have prepared annually by or under the supervision of an actuary	11881
an actuarial valuation of the pension assets, liabilities, and	11882
funding requirements of the public employees retirement system as	11883
established pursuant to this chapter. The actuary shall complete	11884
the valuation in accordance with actuarial standards of practice	11885
promulgated by the actuarial standards board of the American	11886
academy of actuaries and prepare a report of the valuation. The	11887
report shall include all of the following:	11888

(1) A summary of the benefit provisions evaluated;

11889

(2) A summary of the census data and financial information	11890
used in the valuation;	11891

(3) A description of the actuarial assumptions, actuarial	11892
cost method, and asset valuation method used in the valuation,	11893
including a statement of the assumed rate of payroll growth and	11894
assumed rate of growth or decline in the number of members	11895
contributing to the retirement system;	11896

(4) A summary of findings that includes a statement of the	11897
actuarial accrued pension liabilities and unfunded actuarial	11898
accrued pension liabilities;	11899

(5) A schedule showing the effect of any changes in the	11900
benefit provisions, actuarial assumptions, or cost methods since	11901
the last annual actuarial valuation;	11902

(6) A statement of whether contributions to the retirement	11903
system are expected to be sufficient to satisfy the funding	11904
objectives established by the board.	11905

The board shall submit the report to the Ohio retirement	11906
study council, the director of budget and management, and the	11907
standing committees of the house of representatives and the senate	11908
with primary responsibility for retirement legislation immediately	11909
upon its availability and not later than the first day of	11910
September following the year for which the valuation was made.	11911

(B) At such time as the public employees retirement board	11912
determines, and at least once in each five-year period, the board	11913
shall have prepared by or under the supervision of an actuary an	11914
actuarial investigation of the mortality, service, and other	11915
experience of the members, retirants, contributors, and	11916
beneficiaries of the system to update the actuarial assumptions	11917
used in the actuarial valuation required by division (A) of this	11918
section. The actuary shall prepare a report of the actuarial	11919
investigation. The report shall be prepared and any recommended	11920
changes in actuarial assumptions shall be made in accordance with	11921
the actuarial standards of practice promulgated by the actuarial	11922
standards board of the American academy of actuaries. The report	11923
shall include all of the following:	11924

(1) A summary of relevant decrement and economic assumption	11925
experience observed over the period of the investigation;	11926

(2) Recommended changes in actuarial assumptions to be used	11927
in subsequent actuarial valuations required by division (A) of	11928
this section;	11929

(3) A measurement of the financial effect of the recommended	11930
changes in actuarial assumptions.	11931

The board shall submit the report to the Ohio retirement	11932
study council and the standing committees of the house of	11933
representatives and the senate with primary responsibility for	11934
retirement legislation not later than the first day of November	11935
following the last fiscal year of the period the report covers.	11936

(C) The board may at any time request the actuary to make any	11937
studies or actuarial valuations to determine the adequacy of the	11938
contribution rate determined under section 145.48 of the Revised	11939
Code, and those rates may be adjusted by the board, as recommended	11940
by the actuary, effective as of the first of any year thereafter.	11941

(D) The board shall have prepared by or under the supervision	11942
of an actuary an actuarial analysis of any introduced legislation	11943
expected to have a measurable financial impact on the retirement	11944
system. The actuarial analysis shall be completed in accordance	11945
with the actuarial standards of practice promulgated by the	11946
actuarial standards board of the American academy of actuaries.	11947
The actuary shall prepare a report of the actuarial analysis,	11948
which shall include all of the following:	11949

(1) A summary of the statutory changes that are being	11950
evaluated;	11951

(2) A description of or reference to the actuarial	11952
assumptions and actuarial cost method used in the report;	11953

(3) A description of the participant group or groups included	11954
in the report;	11955

(4) A statement of the financial impact of the legislation,	11956
including the resulting increase, if any, in the employer normal	11957
cost percentage; the increase, if any, in actuarial accrued	11958
liabilities; and the per cent of payroll that would be required to	11959
amortize the increase in actuarial accrued liabilities as a level	11960
per cent of covered payroll for all active members over a period	11961
not to exceed thirty years;	11962

(5) A statement of whether the scheduled contributions to the	11963
system after the proposed change is enacted are expected to be	11964
sufficient to satisfy the funding objectives established by the	11965
board.	11966

Not later than sixty days from the date of introduction of	11967
the legislation, the board shall submit a copy of the actuarial	11968
analysis to the legislative service commission, the standing	11969
committees of the house of representatives and the senate with	11970
primary responsibility for retirement legislation, and the Ohio	11971
retirement study council.	11972

(E) The board shall have prepared annually a report giving a	11973
full accounting of the revenues and costs relating to the	11974
provision of benefits under sections 145.58 and 145.584 of the	11975
Revised Code. The report shall be made as of December 31, 1997,	11976
and the thirty-first day of December of each year thereafter. The	11977
report shall include the following:	11978

(1) A description of the statutory authority for the benefits	11979
provided;	11980

(2) A summary of the benefits;

11981

(3) A summary of the eligibility requirements for the	11982
benefits;	11983

(4) A statement of the number of participants eligible for	11984
the benefits;	11985

(5) A description of the accounting, asset valuation, and	11986
funding method used to provide the benefits;	11987

(6) A statement of the net assets available for the provision	11988
of the benefits as of the last day of the fiscal year;	11989

(7) A statement of any changes in the net assets available	11990
for the provision of benefits, including participant and employer	11991
contributions, net investment income, administrative expenses, and	11992
benefits provided to participants, as of the last day of the	11993
fiscal year;	11994

(8) For the last six consecutive fiscal years, a schedule of	11995
the net assets available for the benefits, the annual cost of	11996
benefits, administrative expenses incurred, and annual employer	11997
contributions allocated for the provision of benefits;	11998

(9) A description of any significant changes that affect the	11999
comparability of the report required under this division;	12000

(10) A statement of the amount paid under division (C) of	12001
section 145.58 of the Revised Code.	12002

The board shall submit the report to the Ohio retirement	12003
study council, the director of budget and management, and the	12004
standing committees of the house of representatives and the senate	12005
with primary responsibility for retirement legislation immediately	12006
upon its availability and not later than the thirtieth day of June	12007
following the year for which the report was made.	12008

Sec. 149.01. Each elective state officer, the adjutant	12009
general, the adult parole authority, the department of	12010
agriculture, the director of administrative services, the public	12011
utilities commission, the superintendent of insurance, the	12012
superintendent of financial institutions, the superintendent of	12013
purchases and printing, the fire marshal, the industrial	12014
commission, the administrator of workers' compensation, the state	12015
department of transportation, the department of health, the state	12016
medical board, the state dental board, the board of embalmers and	12017
funeral directors, the Ohio commission for the blind, the	12018
accountancy board of Ohio, the state council of uniform state	12019
laws, the board of commissioners of the sinking fund, the	12020
department of taxation, the board of tax appeals, the division of	12021
liquor control, the director of state armories, the trustees of	12022
the Ohio state university, and every private or quasi-public	12023
institution, association, board, or corporation receiving state	12024
money for its use and purpose shall make annually, at the end of	12025
each fiscal year, in quadruplicate, a report of the transactions	12026
and proceedings of that office or department for that fiscal year,	12027
excepting receipts and disbursements unless otherwise specifically	12028
required by law. The report shall contain a summary of the	12029
official acts of the officer, board, council, commission,	12030
institution, association, or corporation and any suggestions and	12031
recommendations that are proper. ~~On the first day of August of~~	12032
~~each year, one~~	12033

One of the reports shall be filed with the governor, one with	12034
the secretary of state, and one with the state library, and one	12035
shall be kept on file in the office of the officer, board,	12036
council, commission, institution, association, or corporation. The	12037
reports shall be so filed by the first day of August, except that	12038
the report of the treasurer of state shall be so filed by the	12039
thirty-first day of December.	12040

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

12041

(1) "Historic building" means a building, including its	12042
structural components, that is located in this state and that is	12043
either individually listed on the national register of historic	12044
places under 16 U.S.C. 470a, located in a registered historic	12045
district, and certified by the state historic preservation officer	12046
as being of historic significance to the district, or is	12047
individually listed as an historic landmark designated by a local	12048
government certified under 16 U.S.C. 470a(c).	12049

(2) "Qualified rehabilitation expenditures" means	12050
expenditures paid or incurred during the rehabilitation period,	12051
and before and after that period as determined under 26 U.S.C. 47,	12052
by an owner or qualified lessee of an historic building to	12053
rehabilitate the building. "Qualified rehabilitation expenditures"	12054
includes architectural or engineering fees paid or incurred in	12055
connection with the rehabilitation, and expenses incurred in the	12056
preparation of nomination forms for listing on the national	12057
register of historic places. "Qualified rehabilitation	12058
expenditures" does not include any of the following:	12059

(a) The cost of acquiring, expanding, or enlarging an	12060
historic building;	12061

(b) Expenditures attributable to work done to facilities	12062
related to the building, such as parking lots, sidewalks, and	12063
landscaping;	12064

12065

(3) "Owner" of an historic building means a person holding	12066
the fee simple interest in the building. "Owner" does not include	12067
the state or a state agency, or any political subdivision as	12068
defined in section 9.23 of the Revised Code.	12069

(4) "Qualified lessee" means a person subject to a lease	12070
agreement for aan historic building and eligible for the federal	12071
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	12072
does not include the state or a state agency or political	12073
subdivision as defined in section 9.23 of the Revised Code.	12074

(5) "Certificate owner" means the owner or qualified lessee	12075
of an historic building to which a rehabilitation tax credit	12076
certificate was issued under this section.	12077

(6) "Registered historic district" means an historic district	12078
listed in the national register of historic places under 16 U.S.C.	12079
470a, an historic district designated by a local government	12080
certified under 16 U.S.C. 470a(c), or a local historic district	12081
certified under 36 C.F.R. 67.8 and 67.9.	12082

(7) "Rehabilitation" means the process of repairing or	12083
altering an historic building or buildings, making possible an	12084
efficient use while preserving those portions and features of the	12085
building and its site and environment that are significant to its	12086
historic, architectural, and cultural values.	12087

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

12088

(a) If the rehabilitation initially was not planned to be	12089
completed in stages, a period chosen by the owner or qualified	12090
lessee not to exceed twenty-four months during which	12091
rehabilitation occurs;	12092

(b) If the rehabilitation initially was planned to be	12093
completed in stages, a period chosen by the owner or qualified	12094
lessee not to exceed sixty months during which rehabilitation	12095
occurs. Each stage shall be reviewed as a phase of a	12096
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	12097
successor to that section.	12098

(9) "State historic preservation officer" or "officer" means	12099
the state historic preservation officer appointed by the governor	12100
under 16 U.S.C. 470a.	12101

(B) The owner or qualified lessee of an historic building may	12102
apply to the director of development services for a rehabilitation	12103
tax credit certificate for qualified rehabilitation expenditures	12104
paid or incurred by such owner or qualified lessee after April 4,	12105
2007, for rehabilitation of an historic building. If the owner of	12106
aan historic building enters a pass-through agreement with a	12107
qualified lessee for the purposes of the federal rehabilitation	12108
tax credit under 26 U.S.C. 47, the qualified rehabilitation	12109
expenditures paid or incurred by the owner after April 4, 2007,	12110
~~shall~~may be attributed to the qualified lessee.	12111

The form and manner of filing such applications shall be	12112
prescribed by rule of the director. Each application shall state	12113
the amount of qualified rehabilitation expenditures the applicant	12114
estimates will be paid or incurred. The director may require	12115
applicants to furnish documentation of such estimates.	12116

The director, after consultation with the tax commissioner	12117
and in accordance with Chapter 119. of the Revised Code, shall	12118
adopt rules that establish all of the following:	12119

(1) Forms and procedures by which applicants may apply for	12120
rehabilitation tax credit certificates;	12121

(2) Criteria for reviewing, evaluating, and approving	12122
applications for certificates within the limitations under	12123
division (D) of this section, criteria for assuring that the	12124
certificates issued encompass a mixture of high and low qualified	12125
rehabilitation expenditures, and criteria for issuing certificates	12126
under division (C)(3)(b) of this section;	12127

(3) Eligibility requirements for obtaining a certificate	12128
under this section;	12129

(4) The form of rehabilitation tax credit certificates;

12130

(5) Reporting requirements and monitoring procedures;

12131

(6) Procedures and criteria for conducting cost-benefit	12132
analyses of historic buildings that are the subjects of	12133
applications filed under this section. The purpose of a	12134
cost-benefit analysis shall be to determine whether rehabilitation	12135
of the historic building will result in a net revenue gain in	12136
state and local taxes once the building is used.	12137

(7) Any other rules necessary to implement and administer	12138
this section.	12139

(C) The director of development services shall review the	12140
applications with the assistance of the state historic	12141
preservation officer and determine whether all of the following	12142
criteria are met:	12143

(1) That the building that is the subject of the application	12144
is an historic building and the applicant is the owner or	12145
qualified lessee of the building;	12146

(2) That the rehabilitation will satisfy standards prescribed	12147
by the United States secretary of the interior under 16 U.S.C.	12148
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	12149
that section;	12150

(3) That receiving a rehabilitation tax credit certificate	12151
under this section is a major factor in:	12152

(a) The applicant's decision to rehabilitate the historic	12153
building; or	12154

(b) To increase the level of investment in such	12155
rehabilitation.	12156

An applicant shall demonstrate to the satisfaction of the	12157
state historic preservation officer and director of development	12158
services that the rehabilitation will satisfy the standards	12159
described in division (C)(2) of this section before the applicant	12160
begins the physical rehabilitation of the historic building.	12161

(D)(1) If the director of development services determines	12162
that an application meets the criteria in divisions (C)(1), (2),	12163
and (3) of this section, the director shall conduct a cost-benefit	12164
analysis for the historic building that is the subject of the	12165
application to determine whether rehabilitation of the historic	12166
building will result in a net revenue gain in state and local	12167
taxes once the building is used. The director shall consider the	12168
results of the cost-benefit analysis in determining whether to	12169
approve the application. The director shall also consider the	12170
potential economic impact and the regional distributive balance of	12171
the credits throughout the state. The director may approve an	12172
application only after completion of the cost-benefit analysis.	12173

(2) A rehabilitation tax credit certificate shall not be	12174
issued for an amount greater than the estimated amount furnished	12175
by the applicant on the application for such certificate and	12176
approved by the director. The director shall not approve more than	12177
a total of sixty million dollars of rehabilitation tax credits per	12178
fiscal year but the director may reallocate unused tax credits	12179
from a prior fiscal year for new applicants and such reallocated	12180
credits shall not apply toward the dollar limit of this division.	12181

(3) For rehabilitations with a rehabilitation period not	12182
exceeding twenty-four months as provided in division (A)(7)(a) of	12183
this section, a rehabilitation tax credit certificate shall not be	12184
issued before the rehabilitation of the historic building is	12185
completed.	12186

(4) For rehabilitations with a rehabilitation period not	12187
exceeding sixty months as provided in division (A)(7)(b) of this	12188
section, a rehabilitation tax credit certificate shall not be	12189
issued before a stage of rehabilitation is completed. After all	12190
stages of rehabilitation are completed, if the director cannot	12191
determine that the criteria in division (C) of this section are	12192
satisfied for all stages of rehabilitations, the director shall	12193
certify this finding to the tax commissioner, and any	12194
rehabilitation tax credits received by the applicant shall be	12195
repaid by the applicant and may be collected by assessment as	12196
unpaid tax by the commissioner.	12197

(5) The director of development services shall require the	12198
applicant to provide a third-party cost certification by a	12199
certified public accountant of the actual costs attributed to the	12200
rehabilitation of the historic building when qualified	12201
rehabilitation expenditures exceed two hundred thousand dollars.	12202

If an applicant whose application is approved for receipt of	12203
a rehabilitation tax credit certificate fails to provide to the	12204
director sufficient evidence of reviewable progress, including a	12205
viable financial plan, copies of final construction drawings, and	12206
evidence that the applicant has obtained all historic approvals	12207
within twelve months after the date the applicant received	12208
notification of approval, and if the applicant fails to provide	12209
evidence to the director that the applicant has secured and closed	12210
on financing for the rehabilitation within eighteen months after	12211
receiving notification of approval, the director may rescind the	12212
approval of the application. The director shall notify the	12213
applicant if the approval has been rescinded. Credits that would	12214
have been available to an applicant whose approval was rescinded	12215
shall be available for other qualified applicants. Nothing in this	12216
division prohibits an applicant whose approval has been rescinded	12217
from submitting a new application for a rehabilitation tax credit	12218
certificate.	12219

(E) Issuance of a certificate represents a finding by the	12220
director of development services of the matters described in	12221
divisions (C)(1), (2), and (3) of this section only; issuance of a	12222
certificate does not represent a verification or certification by	12223
the director of the amount of qualified rehabilitation	12224
expenditures for which a tax credit may be claimed under section	12225
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the	12226
Revised Code. The amount of qualified rehabilitation expenditures	12227
for which a tax credit may be claimed is subject to inspection and	12228
examination by the tax commissioner or employees of the	12229
commissioner under section 5703.19 of the Revised Code and any	12230
other applicable law. Upon the issuance of a certificate, the	12231
director shall certify to the tax commissioner, in the form and	12232
manner requested by the tax commissioner, the name of the	12233
applicant, the amount of qualified rehabilitation expenditures	12234
shown on the certificate, and any other information required by	12235
the rules adopted under this section.	12236

(F)(1) On or before the first day of April each year, the	12237
director of development services and tax commissioner jointly	12238
shall submit to the president of the senate and the speaker of the	12239
house of representatives a report on the tax credit program	12240
established under this section and sections 5725.151, 5725.34,	12241
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The	12242
report shall present an overview of the program and shall include	12243
information on the number of rehabilitation tax credit	12244
certificates issued under this section during the preceding fiscal	12245
year, an update on the status of each historic building for which	12246
an application was approved under this section, the dollar amount	12247
of the tax credits granted under sections 5725.151, 5725.34,	12248
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and	12249
any other information the director and commissioner consider	12250
relevant to the topics addressed in the report.	12251

(2) On or before December 1, 2015, the director of	12252
development services and tax commissioner jointly shall submit to	12253
the president of the senate and the speaker of the house of	12254
representatives a comprehensive report that includes the	12255
information required by division (F)(1) of this section and a	12256
detailed analysis of the effectiveness of issuing tax credits for	12257
rehabilitating historic buildings. The report shall be prepared	12258
with the assistance of an economic research organization jointly	12259
chosen by the director and commissioner.	12260

(G) There is hereby created in the state treasury the	12261
historic rehabilitation tax credit operating fund. The director of	12262
development services is authorized to charge reasonable	12263
application and other fees in connection with the administration	12264
of tax credits authorized by this section and sections 5725.151,	12265
5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the Revised	12266
Code. Any such fees collected shall be credited to the fund and	12267
used to pay reasonable costs incurred by the department of	12268
development services in administering this section and sections	12269
5725.151, 5725.34, 5726.52, 5729.17, 5733.44, and 5747.76 of the	12270
Revised Code.	12271

The Ohio historic preservation office is authorized to charge	12272
reasonable fees in connection with its review and approval of	12273
applications under this section. Any such fees collected shall be	12274
credited to the fund and used to pay administrative costs incurred	12275
by the Ohio historic preservation office pursuant to this section.	12276

Sec. 149.43. (A) As used in this section:

12277

(1) "Public record" means records kept by any public office,	12278
including, but not limited to, state, county, city, village,	12279
township, and school district units, and records pertaining to the	12280
delivery of educational services by an alternative school in this	12281
state kept by the nonprofit or for-profit entity operating the	12282
alternative school pursuant to section 3313.533 of the Revised	12283
Code. "Public record" does not mean any of the following:	12284

(a) Medical records;

12285

(b) Records pertaining to probation and parole proceedings or	12286
to proceedings related to the imposition of community control	12287
sanctions and post-release control sanctions;	12288

(c) Records pertaining to actions under section 2151.85 and	12289
division (C) of section 2919.121 of the Revised Code and to	12290
appeals of actions arising under those sections;	12291

(d) Records pertaining to adoption proceedings, including the	12292
contents of an adoption file maintained by the department of	12293
health under section 3705.12 of the Revised Code;	12294

(e) Information in a record contained in the putative father	12295
registry established by section 3107.062 of the Revised Code,	12296
regardless of whether the information is held by the department of	12297
job and family services or, pursuant to section 3111.69 of the	12298
Revised Code, the office of child support in the department or a	12299
child support enforcement agency;	12300

(f) Records listed in division (A) of section 3107.42 of the	12301
Revised Code or specified in division (A) of section 3107.52 of	12302
the Revised Code;	12303

(g) Trial preparation records;

12304

(h) Confidential law enforcement investigatory records;

12305

(i) Records containing information that is confidential under	12306
section 2710.03 or 4112.05 of the Revised Code;	12307

(j) DNA records stored in the DNA database pursuant to	12308
section 109.573 of the Revised Code;	12309

(k) Inmate records released by the department of	12310
rehabilitation and correction to the department of youth services	12311
or a court of record pursuant to division (E) of section 5120.21	12312
of the Revised Code;	12313

(l) Records maintained by the department of youth services	12314
pertaining to children in its custody released by the department	12315
of youth services to the department of rehabilitation and	12316
correction pursuant to section 5139.05 of the Revised Code;	12317

(m) Intellectual property records;

12318

(n) Donor profile records;

12319

(o) Records maintained by the department of job and family	12320
services pursuant to section 3121.894 of the Revised Code;	12321

(p) Peace officer, parole officer, probation officer,	12322
bailiff, prosecuting attorney, assistant prosecuting attorney,	12323
correctional employee, community-based correctional facility	12324
employee, youth services employee, firefighter, EMT, or	12325
investigator of the bureau of criminal identification and	12326
investigation residential and familial information;	12327

(q) In the case of a county hospital operated pursuant to	12328
Chapter 339. of the Revised Code or a municipal hospital operated	12329
pursuant to Chapter 749. of the Revised Code, information that	12330
constitutes a trade secret, as defined in section 1333.61 of the	12331
Revised Code;	12332

(r) Information pertaining to the recreational activities of	12333
a person under the age of eighteen;	12334

(s) Records provided to, statements made by review board	12335
members during meetings of, and all work products of a child	12336
fatality review board acting under sections 307.621 to 307.629 of	12337
the Revised Code, and child fatality review data submitted by the	12338
child fatality review board to the department of health or a	12339
national child death review database, other than the report	12340
prepared pursuant to division (A) of section 307.626 of the	12341
Revised Code;	12342

(t) Records provided to and statements made by the executive	12343
director of a public children services agency or a prosecuting	12344
attorney acting pursuant to section 5153.171 of the Revised Code	12345
other than the information released under that section;	12346

(u) Test materials, examinations, or evaluation tools used in	12347
an examination for licensure as a nursing home administrator that	12348
the board of ~~examiners~~executives of ~~nursing home administrators~~	12349
long-term services and supports administers under section 4751.04	12350
of the Revised Code or contracts under that section with a private	12351
or government entity to administer;	12352

(v) Records the release of which is prohibited by state or	12353
federal law;	12354

(w) Proprietary information of or relating to any person that	12355
is submitted to or compiled by the Ohio venture capital authority	12356
created under section 150.01 of the Revised Code;	12357

(x) ~~Information reported and evaluations conducted pursuant~~	12358
~~to section 3701.072 of the Revised Code;~~	12359

~~(y)~~ Financial statements and data any person submits for any	12360
purpose to the Ohio housing finance agency or the controlling	12361
board in connection with applying for, receiving, or accounting	12362
for financial assistance from the agency, and information that	12363
identifies any individual who benefits directly or indirectly from	12364
financial assistance from the agency;	12365

~~(z)~~(y) Records listed in section 5101.29 of the Revised Code;

12366

~~(aa)~~(z) Discharges recorded with a county recorder under	12367
section 317.24 of the Revised Code, as specified in division	12368
(B)(2) of that section;	12369

~~(bb)~~(aa) Usage information including names and addresses of	12370
specific residential and commercial customers of a municipally	12371
owned or operated public utility;	12372

~~(cc)~~(bb) Records described in division (C) of section 187.04	12373
of the Revised Code that are not designated to be made available	12374
to the public as provided in that division.	12375

(2) "Confidential law enforcement investigatory record" means	12376
any record that pertains to a law enforcement matter of a	12377
criminal, quasi-criminal, civil, or administrative nature, but	12378
only to the extent that the release of the record would create a	12379
high probability of disclosure of any of the following:	12380

(a) The identity of a suspect who has not been charged with	12381
the offense to which the record pertains, or of an information	12382
source or witness to whom confidentiality has been reasonably	12383
promised;	12384

(b) Information provided by an information source or witness	12385
to whom confidentiality has been reasonably promised, which	12386
information would reasonably tend to disclose the source's or	12387
witness's identity;	12388

(c) Specific confidential investigatory techniques or	12389
procedures or specific investigatory work product;	12390

(d) Information that would endanger the life or physical	12391
safety of law enforcement personnel, a crime victim, a witness, or	12392
a confidential information source.	12393

(3) "Medical record" means any document or combination of	12394
documents, except births, deaths, and the fact of admission to or	12395
discharge from a hospital, that pertains to the medical history,	12396
diagnosis, prognosis, or medical condition of a patient and that	12397
is generated and maintained in the process of medical treatment.	12398

(4) "Trial preparation record" means any record that contains	12399
information that is specifically compiled in reasonable	12400
anticipation of, or in defense of, a civil or criminal action or	12401
proceeding, including the independent thought processes and	12402
personal trial preparation of an attorney.	12403

(5) "Intellectual property record" means a record, other than	12404
a financial or administrative record, that is produced or	12405
collected by or for faculty or staff of a state institution of	12406
higher learning in the conduct of or as a result of study or	12407
research on an educational, commercial, scientific, artistic,	12408
technical, or scholarly issue, regardless of whether the study or	12409
research was sponsored by the institution alone or in conjunction	12410
with a governmental body or private concern, and that has not been	12411
publicly released, published, or patented.	12412

(6) "Donor profile record" means all records about donors or	12413
potential donors to a public institution of higher education	12414
except the names and reported addresses of the actual donors and	12415
the date, amount, and conditions of the actual donation.	12416

(7) "Peace officer, parole officer, probation officer,	12417
bailiff, prosecuting attorney, assistant prosecuting attorney,	12418
correctional employee, community-based correctional facility	12419
employee, youth services employee, firefighter, EMT, or	12420
investigator of the bureau of criminal identification and	12421
investigation residential and familial information" means any	12422
information that discloses any of the following about a peace	12423
officer, parole officer, probation officer, bailiff, prosecuting	12424
attorney, assistant prosecuting attorney, correctional employee,	12425
community-based correctional facility employee, youth services	12426
employee, firefighter, EMT, or investigator of the bureau of	12427
criminal identification and investigation:	12428

(a) The address of the actual personal residence of a peace	12429
officer, parole officer, probation officer, bailiff, assistant	12430
prosecuting attorney, correctional employee, community-based	12431
correctional facility employee, youth services employee,	12432
firefighter, EMT, or an investigator of the bureau of criminal	12433
identification and investigation, except for the state or	12434
political subdivision in which the peace officer, parole officer,	12435
probation officer, bailiff, assistant prosecuting attorney,	12436
correctional employee, community-based correctional facility	12437
employee, youth services employee, firefighter, EMT, or	12438
investigator of the bureau of criminal identification and	12439
investigation resides;	12440

(b) Information compiled from referral to or participation in	12441
an employee assistance program;	12442

(c) The social security number, the residential telephone	12443
number, any bank account, debit card, charge card, or credit card	12444
number, or the emergency telephone number of, or any medical	12445
information pertaining to, a peace officer, parole officer,	12446
probation officer, bailiff, prosecuting attorney, assistant	12447
prosecuting attorney, correctional employee, community-based	12448
correctional facility employee, youth services employee,	12449
firefighter, EMT, or investigator of the bureau of criminal	12450
identification and investigation;	12451

(d) The name of any beneficiary of employment benefits,	12452
including, but not limited to, life insurance benefits, provided	12453
to a peace officer, parole officer, probation officer, bailiff,	12454
prosecuting attorney, assistant prosecuting attorney, correctional	12455
employee, community-based correctional facility employee, youth	12456
services employee, firefighter, EMT, or investigator of the bureau	12457
of criminal identification and investigation by the peace	12458
officer's, parole officer's, probation officer's, bailiff's,	12459
prosecuting attorney's, assistant prosecuting attorney's,	12460
correctional employee's, community-based correctional facility	12461
employee's, youth services employee's, firefighter's, EMT's, or	12462
investigator of the bureau of criminal identification and	12463
investigation's employer;	12464

(e) The identity and amount of any charitable or employment	12465
benefit deduction made by the peace officer's, parole officer's,	12466
probation officer's, bailiff's, prosecuting attorney's, assistant	12467
prosecuting attorney's, correctional employee's, community-based	12468
correctional facility employee's, youth services employee's,	12469
firefighter's, EMT's, or investigator of the bureau of criminal	12470
identification and investigation's employer from the peace	12471
officer's, parole officer's, probation officer's, bailiff's,	12472
prosecuting attorney's, assistant prosecuting attorney's,	12473
correctional employee's, community-based correctional facility	12474
employee's, youth services employee's, firefighter's, EMT's, or	12475
investigator of the bureau of criminal identification and	12476
investigation's compensation unless the amount of the deduction is	12477
required by state or federal law;	12478

(f) The name, the residential address, the name of the	12479
employer, the address of the employer, the social security number,	12480
the residential telephone number, any bank account, debit card,	12481
charge card, or credit card number, or the emergency telephone	12482
number of the spouse, a former spouse, or any child of a peace	12483
officer, parole officer, probation officer, bailiff, prosecuting	12484
attorney, assistant prosecuting attorney, correctional employee,	12485
community-based correctional facility employee, youth services	12486
employee, firefighter, EMT, or investigator of the bureau of	12487
criminal identification and investigation;	12488

(g) A photograph of a peace officer who holds a position or	12489
has an assignment that may include undercover or plain clothes	12490
positions or assignments as determined by the peace officer's	12491
appointing authority.	12492

As used in divisions (A)(7) and (B)(9) of this section,	12493
"peace officer" has the same meaning as in section 109.71 of the	12494
Revised Code and also includes the superintendent and troopers of	12495
the state highway patrol; it does not include the sheriff of a	12496
county or a supervisory employee who, in the absence of the	12497
sheriff, is authorized to stand in for, exercise the authority of,	12498
and perform the duties of the sheriff.	12499

As used in divisions (A)(7) and (B)(5) of this section,	12500
"correctional employee" means any employee of the department of	12501
rehabilitation and correction who in the course of performing the	12502
employee's job duties has or has had contact with inmates and	12503
persons under supervision.	12504

As used in divisions (A)(7) and (B)(5) of this section,	12505
"youth services employee" means any employee of the department of	12506
youth services who in the course of performing the employee's job	12507
duties has or has had contact with children committed to the	12508
custody of the department of youth services.	12509

As used in divisions (A)(7) and (B)(9) of this section,	12510
"firefighter" means any regular, paid or volunteer, member of a	12511
lawfully constituted fire department of a municipal corporation,	12512
township, fire district, or village.	12513

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	12514
means EMTs-basic, EMTs-I, and paramedics that provide emergency	12515
medical services for a public emergency medical service	12516
organization. "Emergency medical service organization,"	12517
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	12518
section 4765.01 of the Revised Code.	12519

As used in divisions (A)(7) and (B)(9) of this section,	12520
"investigator of the bureau of criminal identification and	12521
investigation" has the meaning defined in section 2903.11 of the	12522
Revised Code.	12523

(8) "Information pertaining to the recreational activities of	12524
a person under the age of eighteen" means information that is kept	12525
in the ordinary course of business by a public office, that	12526
pertains to the recreational activities of a person under the age	12527
of eighteen years, and that discloses any of the following:	12528

(a) The address or telephone number of a person under the age	12529
of eighteen or the address or telephone number of that person's	12530
parent, guardian, custodian, or emergency contact person;	12531

(b) The social security number, birth date, or photographic	12532
image of a person under the age of eighteen;	12533

(c) Any medical record, history, or information pertaining to	12534
a person under the age of eighteen;	12535

(d) Any additional information sought or required about a	12536
person under the age of eighteen for the purpose of allowing that	12537
person to participate in any recreational activity conducted or	12538
sponsored by a public office or to use or obtain admission	12539
privileges to any recreational facility owned or operated by a	12540
public office.	12541

(9) "Community control sanction" has the same meaning as in	12542
section 2929.01 of the Revised Code.	12543

(10) "Post-release control sanction" has the same meaning as	12544
in section 2967.01 of the Revised Code.	12545

(11) "Redaction" means obscuring or deleting any information	12546
that is exempt from the duty to permit public inspection or	12547
copying from an item that otherwise meets the definition of a	12548
"record" in section 149.011 of the Revised Code.	12549

(12) "Designee" and "elected official" have the same meanings	12550
as in section 109.43 of the Revised Code.	12551

(B)(1) Upon request and subject to division (B)(8) of this	12552
section, all public records responsive to the request shall be	12553
promptly prepared and made available for inspection to any person	12554
at all reasonable times during regular business hours. Subject to	12555
division (B)(8) of this section, upon request, a public office or	12556
person responsible for public records shall make copies of the	12557
requested public record available at cost and within a reasonable	12558
period of time. If a public record contains information that is	12559
exempt from the duty to permit public inspection or to copy the	12560
public record, the public office or the person responsible for the	12561
public record shall make available all of the information within	12562
the public record that is not exempt. When making that public	12563
record available for public inspection or copying that public	12564
record, the public office or the person responsible for the public	12565
record shall notify the requester of any redaction or make the	12566
redaction plainly visible. A redaction shall be deemed a denial of	12567
a request to inspect or copy the redacted information, except if	12568
federal or state law authorizes or requires a public office to	12569
make the redaction.	12570

(2) To facilitate broader access to public records, a public	12571
office or the person responsible for public records shall organize	12572
and maintain public records in a manner that they can be made	12573
available for inspection or copying in accordance with division	12574
(B) of this section. A public office also shall have available a	12575
copy of its current records retention schedule at a location	12576
readily available to the public. If a requester makes an ambiguous	12577
or overly broad request or has difficulty in making a request for	12578
copies or inspection of public records under this section such	12579
that the public office or the person responsible for the requested	12580
public record cannot reasonably identify what public records are	12581
being requested, the public office or the person responsible for	12582
the requested public record may deny the request but shall provide	12583
the requester with an opportunity to revise the request by	12584
informing the requester of the manner in which records are	12585
maintained by the public office and accessed in the ordinary	12586
course of the public office's or person's duties.	12587

(3) If a request is ultimately denied, in part or in whole,	12588
the public office or the person responsible for the requested	12589
public record shall provide the requester with an explanation,	12590
including legal authority, setting forth why the request was	12591
denied. If the initial request was provided in writing, the	12592
explanation also shall be provided to the requester in writing.	12593
The explanation shall not preclude the public office or the person	12594
responsible for the requested public record from relying upon	12595
additional reasons or legal authority in defending an action	12596
commenced under division (C) of this section.	12597

(4) Unless specifically required or authorized by state or	12598
federal law or in accordance with division (B) of this section, no	12599
public office or person responsible for public records may limit	12600
or condition the availability of public records by requiring	12601
disclosure of the requester's identity or the intended use of the	12602
requested public record. Any requirement that the requester	12603
disclose the requestor's identity or the intended use of the	12604
requested public record constitutes a denial of the request.	12605

(5) A public office or person responsible for public records	12606
may ask a requester to make the request in writing, may ask for	12607
the requester's identity, and may inquire about the intended use	12608
of the information requested, but may do so only after disclosing	12609
to the requester that a written request is not mandatory and that	12610
the requester may decline to reveal the requester's identity or	12611
the intended use and when a written request or disclosure of the	12612
identity or intended use would benefit the requester by enhancing	12613
the ability of the public office or person responsible for public	12614
records to identify, locate, or deliver the public records sought	12615
by the requester.	12616

(6) If any person chooses to obtain a copy of a public record	12617
in accordance with division (B) of this section, the public office	12618
or person responsible for the public record may require that	12619
person to pay in advance the cost involved in providing the copy	12620
of the public record in accordance with the choice made by the	12621
person seeking the copy under this division. The public office or	12622
the person responsible for the public record shall permit that	12623
person to choose to have the public record duplicated upon paper,	12624
upon the same medium upon which the public office or person	12625
responsible for the public record keeps it, or upon any other	12626
medium upon which the public office or person responsible for the	12627
public record determines that it reasonably can be duplicated as	12628
an integral part of the normal operations of the public office or	12629
person responsible for the public record. When the person seeking	12630
the copy makes a choice under this division, the public office or	12631
person responsible for the public record shall provide a copy of	12632
it in accordance with the choice made by the person seeking the	12633
copy. Nothing in this section requires a public office or person	12634
responsible for the public record to allow the person seeking a	12635
copy of the public record to make the copies of the public record.	12636

(7) Upon a request made in accordance with division (B) of	12637
this section and subject to division (B)(6) of this section, a	12638
public office or person responsible for public records shall	12639
transmit a copy of a public record to any person by United States	12640
mail or by any other means of delivery or transmission within a	12641
reasonable period of time after receiving the request for the	12642
copy. The public office or person responsible for the public	12643
record may require the person making the request to pay in advance	12644
the cost of postage if the copy is transmitted by United States	12645
mail or the cost of delivery if the copy is transmitted other than	12646
by United States mail, and to pay in advance the costs incurred	12647
for other supplies used in the mailing, delivery, or transmission.	12648

Any public office may adopt a policy and procedures that it	12649
will follow in transmitting, within a reasonable period of time	12650
after receiving a request, copies of public records by United	12651
States mail or by any other means of delivery or transmission	12652
pursuant to this division. A public office that adopts a policy	12653
and procedures under this division shall comply with them in	12654
performing its duties under this division.	12655

In any policy and procedures adopted under this division, a	12656
public office may limit the number of records requested by a	12657
person that the office will transmit by United States mail to ten	12658
per month, unless the person certifies to the office in writing	12659
that the person does not intend to use or forward the requested	12660
records, or the information contained in them, for commercial	12661
purposes. For purposes of this division, "commercial" shall be	12662
narrowly construed and does not include reporting or gathering	12663
news, reporting or gathering information to assist citizen	12664
oversight or understanding of the operation or activities of	12665
government, or nonprofit educational research.	12666

(8) A public office or person responsible for public records	12667
is not required to permit a person who is incarcerated pursuant to	12668
a criminal conviction or a juvenile adjudication to inspect or to	12669
obtain a copy of any public record concerning a criminal	12670
investigation or prosecution or concerning what would be a	12671
criminal investigation or prosecution if the subject of the	12672
investigation or prosecution were an adult, unless the request to	12673
inspect or to obtain a copy of the record is for the purpose of	12674
acquiring information that is subject to release as a public	12675
record under this section and the judge who imposed the sentence	12676
or made the adjudication with respect to the person, or the	12677
judge's successor in office, finds that the information sought in	12678
the public record is necessary to support what appears to be a	12679
justiciable claim of the person.	12680

(9)(a) Upon written request made and signed by a journalist	12681
on or after December 16, 1999, a public office, or person	12682
responsible for public records, having custody of the records of	12683
the agency employing a specified peace officer, parole officer,	12684
probation officer, bailiff, prosecuting attorney, assistant	12685
prosecuting attorney, correctional employee, community-based	12686
correctional facility employee, youth services employee,	12687
firefighter, EMT, or investigator of the bureau of criminal	12688
identification and investigation shall disclose to the journalist	12689
the address of the actual personal residence of the peace officer,	12690
parole officer, probation officer, bailiff, prosecuting attorney,	12691
assistant prosecuting attorney, correctional employee,	12692
community-based correctional facility employee, youth services	12693
employee, firefighter, EMT, or investigator of the bureau of	12694
criminal identification and investigation and, if the peace	12695
officer's, parole officer's, probation officer's, bailiff's,	12696
prosecuting attorney's, assistant prosecuting attorney's,	12697
correctional employee's, community-based correctional facility	12698
employee's, youth services employee's, firefighter's, EMT's, or	12699
investigator of the bureau of criminal identification and	12700
investigation's spouse, former spouse, or child is employed by a	12701
public office, the name and address of the employer of the peace	12702
officer's, parole officer's, probation officer's, bailiff's,	12703
prosecuting attorney's, assistant prosecuting attorney's,	12704
correctional employee's, community-based correctional facility	12705
employee's, youth services employee's, firefighter's, EMT's, or	12706
investigator of the bureau of criminal identification and	12707
investigation's spouse, former spouse, or child. The request shall	12708
include the journalist's name and title and the name and address	12709
of the journalist's employer and shall state that disclosure of	12710
the information sought would be in the public interest.	12711

(b) Division (B)(9)(a) of this section also applies to	12712
journalist requests for customer information maintained by a	12713
municipally owned or operated public utility, other than social	12714
security numbers and any private financial information such as	12715
credit reports, payment methods, credit card numbers, and bank	12716
account information.	12717

(c) As used in division (B)(9) of this section, "journalist"	12718
means a person engaged in, connected with, or employed by any news	12719
medium, including a newspaper, magazine, press association, news	12720
agency, or wire service, a radio or television station, or a	12721
similar medium, for the purpose of gathering, processing,	12722
transmitting, compiling, editing, or disseminating information for	12723
the general public.	12724

(C)(1) If a person allegedly is aggrieved by the failure of a	12725
public office or the person responsible for public records to	12726
promptly prepare a public record and to make it available to the	12727
person for inspection in accordance with division (B) of this	12728
section or by any other failure of a public office or the person	12729
responsible for public records to comply with an obligation in	12730
accordance with division (B) of this section, the person allegedly	12731
aggrieved may commence a mandamus action to obtain a judgment that	12732
orders the public office or the person responsible for the public	12733
record to comply with division (B) of this section, that awards	12734
court costs and reasonable attorney's fees to the person that	12735
instituted the mandamus action, and, if applicable, that includes	12736
an order fixing statutory damages under division (C)(1) of this	12737
section. The mandamus action may be commenced in the court of	12738
common pleas of the county in which division (B) of this section	12739
allegedly was not complied with, in the supreme court pursuant to	12740
its original jurisdiction under Section 2 of Article IV, Ohio	12741
Constitution, or in the court of appeals for the appellate	12742
district in which division (B) of this section allegedly was not	12743
complied with pursuant to its original jurisdiction under Section	12744
3 of Article IV, Ohio Constitution.	12745

If a requestor transmits a written request by hand delivery	12746
or certified mail to inspect or receive copies of any public	12747
record in a manner that fairly describes the public record or	12748
class of public records to the public office or person responsible	12749
for the requested public records, except as otherwise provided in	12750
this section, the requestor shall be entitled to recover the	12751
amount of statutory damages set forth in this division if a court	12752
determines that the public office or the person responsible for	12753
public records failed to comply with an obligation in accordance	12754
with division (B) of this section.	12755

The amount of statutory damages shall be fixed at one hundred	12756
dollars for each business day during which the public office or	12757
person responsible for the requested public records failed to	12758
comply with an obligation in accordance with division (B) of this	12759
section, beginning with the day on which the requester files a	12760
mandamus action to recover statutory damages, up to a maximum of	12761
one thousand dollars. The award of statutory damages shall not be	12762
construed as a penalty, but as compensation for injury arising	12763
from lost use of the requested information. The existence of this	12764
injury shall be conclusively presumed. The award of statutory	12765
damages shall be in addition to all other remedies authorized by	12766
this section.	12767

The court may reduce an award of statutory damages or not	12768
award statutory damages if the court determines both of the	12769
following:	12770

(a) That, based on the ordinary application of statutory law	12771
and case law as it existed at the time of the conduct or	12772
threatened conduct of the public office or person responsible for	12773
the requested public records that allegedly constitutes a failure	12774
to comply with an obligation in accordance with division (B) of	12775
this section and that was the basis of the mandamus action, a	12776
well-informed public office or person responsible for the	12777
requested public records reasonably would believe that the conduct	12778
or threatened conduct of the public office or person responsible	12779
for the requested public records did not constitute a failure to	12780
comply with an obligation in accordance with division (B) of this	12781
section;	12782

(b) That a well-informed public office or person responsible	12783
for the requested public records reasonably would believe that the	12784
conduct or threatened conduct of the public office or person	12785
responsible for the requested public records would serve the	12786
public policy that underlies the authority that is asserted as	12787
permitting that conduct or threatened conduct.	12788

(2)(a) If the court issues a writ of mandamus that orders the	12789
public office or the person responsible for the public record to	12790
comply with division (B) of this section and determines that the	12791
circumstances described in division (C)(1) of this section exist,	12792
the court shall determine and award to the relator all court	12793
costs.	12794

(b) If the court renders a judgment that orders the public	12795
office or the person responsible for the public record to comply	12796
with division (B) of this section, the court may award reasonable	12797
attorney's fees subject to reduction as described in division	12798
(C)(2)(c) of this section. The court shall award reasonable	12799
attorney's fees, subject to reduction as described in division	12800
(C)(2)(c) of this section when either of the following applies:	12801

(i) The public office or the person responsible for the	12802
public records failed to respond affirmatively or negatively to	12803
the public records request in accordance with the time allowed	12804
under division (B) of this section.	12805

(ii) The public office or the person responsible for the	12806
public records promised to permit the relator to inspect or	12807
receive copies of the public records requested within a specified	12808
period of time but failed to fulfill that promise within that	12809
specified period of time.	12810

(c) Court costs and reasonable attorney's fees awarded under	12811
this section shall be construed as remedial and not punitive.	12812
Reasonable attorney's fees shall include reasonable fees incurred	12813
to produce proof of the reasonableness and amount of the fees and	12814
to otherwise litigate entitlement to the fees. The court may	12815
reduce an award of attorney's fees to the relator or not award	12816
attorney's fees to the relator if the court determines both of the	12817
following:	12818

(i) That, based on the ordinary application of statutory law	12819
and case law as it existed at the time of the conduct or	12820
threatened conduct of the public office or person responsible for	12821
the requested public records that allegedly constitutes a failure	12822
to comply with an obligation in accordance with division (B) of	12823
this section and that was the basis of the mandamus action, a	12824
well-informed public office or person responsible for the	12825
requested public records reasonably would believe that the conduct	12826
or threatened conduct of the public office or person responsible	12827
for the requested public records did not constitute a failure to	12828
comply with an obligation in accordance with division (B) of this	12829
section;	12830

(ii) That a well-informed public office or person responsible	12831
for the requested public records reasonably would believe that the	12832
conduct or threatened conduct of the public office or person	12833
responsible for the requested public records as described in	12834
division (C)(2)(c)(i) of this section would serve the public	12835
policy that underlies the authority that is asserted as permitting	12836
that conduct or threatened conduct.	12837

(D) Chapter 1347. of the Revised Code does not limit the	12838
provisions of this section.	12839

(E)(1) To ensure that all employees of public offices are	12840
appropriately educated about a public office's obligations under	12841
division (B) of this section, all elected officials or their	12842
appropriate designees shall attend training approved by the	12843
attorney general as provided in section 109.43 of the Revised	12844
Code. In addition, all public offices shall adopt a public records	12845
policy in compliance with this section for responding to public	12846
records requests. In adopting a public records policy under this	12847
division, a public office may obtain guidance from the model	12848
public records policy developed and provided to the public office	12849
by the attorney general under section 109.43 of the Revised Code.	12850
Except as otherwise provided in this section, the policy may not	12851
limit the number of public records that the public office will	12852
make available to a single person, may not limit the number of	12853
public records that it will make available during a fixed period	12854
of time, and may not establish a fixed period of time before it	12855
will respond to a request for inspection or copying of public	12856
records, unless that period is less than eight hours.	12857

(2) The public office shall distribute the public records	12858
policy adopted by the public office under division (E)(1) of this	12859
section to the employee of the public office who is the records	12860
custodian or records manager or otherwise has custody of the	12861
records of that office. The public office shall require that	12862
employee to acknowledge receipt of the copy of the public records	12863
policy. The public office shall create a poster that describes its	12864
public records policy and shall post the poster in a conspicuous	12865
place in the public office and in all locations where the public	12866
office has branch offices. The public office may post its public	12867
records policy on the internet web site of the public office if	12868
the public office maintains an internet web site. A public office	12869
that has established a manual or handbook of its general policies	12870
and procedures for all employees of the public office shall	12871
include the public records policy of the public office in the	12872
manual or handbook.	12873

(F)(1) The bureau of motor vehicles may adopt rules pursuant	12874
to Chapter 119. of the Revised Code to reasonably limit the number	12875
of bulk commercial special extraction requests made by a person	12876
for the same records or for updated records during a calendar	12877
year. The rules may include provisions for charges to be made for	12878
bulk commercial special extraction requests for the actual cost of	12879
the bureau, plus special extraction costs, plus ten per cent. The	12880
bureau may charge for expenses for redacting information, the	12881
release of which is prohibited by law.	12882

(2) As used in division (F)(1) of this section:

12883

(a) "Actual cost" means the cost of depleted supplies,	12884
records storage media costs, actual mailing and alternative	12885
delivery costs, or other transmitting costs, and any direct	12886
equipment operating and maintenance costs, including actual costs	12887
paid to private contractors for copying services.	12888

(b) "Bulk commercial special extraction request" means a	12889
request for copies of a record for information in a format other	12890
than the format already available, or information that cannot be	12891
extracted without examination of all items in a records series,	12892
class of records, or ~~data base~~database by a person who intends to	12893
use or forward the copies for surveys, marketing, solicitation, or	12894
resale for commercial purposes. "Bulk commercial special	12895
extraction request" does not include a request by a person who	12896
gives assurance to the bureau that the person making the request	12897
does not intend to use or forward the requested copies for	12898
surveys, marketing, solicitation, or resale for commercial	12899
purposes.	12900

(c) "Commercial" means profit-seeking production, buying, or	12901
selling of any good, service, or other product.	12902

(d) "Special extraction costs" means the cost of the time	12903
spent by the lowest paid employee competent to perform the task,	12904
the actual amount paid to outside private contractors employed by	12905
the bureau, or the actual cost incurred to create computer	12906
programs to make the special extraction. "Special extraction	12907
costs" include any charges paid to a public agency for computer or	12908
records services.	12909

(3) For purposes of divisions (F)(1) and (2) of this section,	12910
"surveys, marketing, solicitation, or resale for commercial	12911
purposes" shall be narrowly construed and does not include	12912
reporting or gathering news, reporting or gathering information to	12913
assist citizen oversight or understanding of the operation or	12914
activities of government, or nonprofit educational research.	12915

Sec. 149.60. (A) There is the local government information	12916
exchange grant program in the department of administrative	12917
services. The program shall be administered by the director of	12918
administrative services. The director shall adopt rules under	12919
Chapter 119. of the Revised Code as are necessary to administer	12920
the program. The rules shall include all of the following:	12921

(1) Grant eligibility criteria;

12922

(2) A requirement that exchange-related electronic data be	12923
posted on the internet in an open format in such a manner that the	12924
data is searchable and downloadable through the internet by the	12925
public;	12926

(3) Specifications for consistent formatting of, and	12927
specifications for accounting and technology standards for,	12928
information provided by participating local governments for	12929
inclusion in the exchange; and	12930

(4) Specifications for data that must be included by	12931
participating local governments in the information they provide,	12932
which must include budgetary data, revenues, expenditures,	12933
staffing information, and employee compensation.	12934

(B) The director shall disburse a grant of ten thousand	12935
dollars to each local government that meets the grant eligibility	12936
criteria established by the director. Grants shall be awarded to	12937
local governments in the order in which the local governments have	12938
met the grant eligibility criteria. The total amount of grants	12939
awarded shall not exceed the amount that can be funded with	12940
appropriations made by the general assembly for this purpose.	12941

(C) Not later than July 1, 2014, the director shall prepare	12942
and issue to members of the general assembly a demonstration	12943
report that does all of the following:	12944

(1) Demonstrates how the information exchange may provide	12945
local governments with insights regarding efficiency and	12946
productivity;	12947

(2) Demonstrates how the information exchange may help local	12948
governments improve services to vulnerable populations by	12949
providing insights regarding programs that benefit the poor,	12950
including general welfare support programs; and	12951

(3) Demonstrates how information exchange data may create	12952
opportunities for private sector and research institutions to	12953
provide value-added products or services that may be	12954
commercialized or create jobs, and thereby contribute to the state	12955
economy.	12956

Sec. 149.63. A public office that posts a public record on	12957
its web site, or on a public web site maintained by the state,	12958
shall post the record in such a way that the public record, or the	12959
data contained in the public record, is capable of being searched	12960
and downloaded by the public, and is in a format that is machine	12961
readable.	12962

This section does not apply to public records that were	12963
posted on a public web site prior to the effective date of this	12964
section.	12965

Sec. 151.11. (A) As used in this section:

12966

(1) "Costs of sites and facilities" includes related direct	12967
administrative expenses and allocable portions of the direct costs	12968
of those projects. "Costs of sites and facilities" includes	12969
"allowable costs" as defined in section 122.085 of the Revised	12970
Code.	12971

(2) "Obligations" means obligations as defined in section	12972
151.01 of the Revised Code issued to pay costs of sites and	12973
facilities in Ohio for and in support of industry, commerce,	12974
distribution, and research and development purposes as referred to	12975
in division (A)(3) of Section 2p of Article VIII, Ohio	12976
Constitution.	12977

(B) The issuing authority shall issue general obligations of	12978
the state to pay costs of sites and facilities pursuant to	12979
division (B)(3) of Section 2p of Article VIII, Ohio Constitution,	12980
section 151.01 of the Revised Code, and this section. The issuing	12981
authority shall issue obligations in the amount determined by the	12982
issuing authority to be required for those purposes. The total	12983
principal amount of obligations issued under this section shall	12984
not exceed one hundred fifty million dollars.	12985

(C) Net proceeds of obligations shall be deposited into the	12986
job ready site development fund created by section 122.0820 of the	12987
Revised Code.	12988

(D) There is hereby created in the state treasury the job	12989
ready site development bond service fund. All moneys received by	12990
the state and required by the bond proceedings, consistent with	12991
section 151.01 of the Revised Code and this section, to be	12992
deposited, transferred, or credited to the bond service fund, and	12993
all other moneys transferred or allocated to or received for the	12994
purposes of that fund, shall be deposited and credited to the bond	12995
service fund, subject to any applicable provisions of the bond	12996
proceedings, but without necessity for any act of appropriation.	12997
During the period beginning with the date of the first issuance of	12998
obligations and continuing during the time that any obligations	12999
are outstanding in accordance with their terms, so long as moneys	13000
in the bond service fund are insufficient to pay debt service when	13001
due on those obligations payable from that fund, except the	13002
principal amounts of bond anticipation notes payable from the	13003
proceeds of renewal notes or bonds anticipated, and due in the	13004
particular fiscal year, a sufficient amount of revenues of the	13005
state is committed and, without necessity for further act of	13006
appropriation, shall be paid to the bond service fund for the	13007
purpose of paying that debt service when due. All investment	13008
earnings on the cash balance in the fund shall be credited to the	13009
fund.	13010

Sec. 151.50. (A) There is hereby created in the state	13011
treasury the clean Ohio distribution fund. The fund shall consist	13012
of money credited to it under section 1509.73 of the Revised Code.	13013

(B) Not later than the fifth day of October each year, the	13014
director of budget and management shall determine the balance of	13015
the fund. If the balance of the fund is twenty-five million	13016
dollars or more, the director shall transfer the total balance of	13017
the fund as follows:	13018

(1) Seventy-five per cent of the money shall be credited to	13019
the clean Ohio conservation fund created in section 164.27 of the	13020
Revised Code.	13021

(2) Twelve and one-half per cent of the money shall be	13022
credited to the clean Ohio agricultural easement fund created in	13023
section 901.21 of the Revised Code.	13024

(3) Twelve and one-half per cent of the money shall be	13025
credited to the clean Ohio trail fund created in section 1519.05	13026
of the Revised Code.	13027

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	13028
152.33 of the Revised Code:	13029

(1) "Obligations" means bonds, notes, or other evidences of	13030
obligation, including interest coupons pertaining thereto, issued	13031
pursuant to sections 152.09 to 152.33 of the Revised Code.	13032

(2) "State agencies" means the state of Ohio and branches,	13033
officers, boards, commissions, authorities, departments,	13034
divisions, courts, general assembly, or other units or agencies of	13035
the state. "State agency" also includes counties, municipal	13036
corporations, and governmental entities of this state that enter	13037
into leases with the Ohio building authority pursuant to section	13038
152.31 of the Revised Code or that are designated by law as state	13039
agencies for the purpose of performing a state function that is to	13040
be housed by a capital facility for which the Ohio building	13041
authority is authorized to issue revenue obligations pursuant to	13042
sections 152.09 to 152.33 of the Revised Code.	13043

(3) "Bond service charges" means principal, including	13044
mandatory sinking fund requirements for retirement of obligations,	13045
and interest, and redemption premium, if any, required to be paid	13046
by the Ohio building authority on obligations.	13047

(4) "Capital facilities" means buildings, structures, and	13048
other improvements, and equipment, real estate, and interests in	13049
real estate therefor, within the state, and any one, part of, or	13050
combination of the foregoing, for housing of branches and agencies	13051
of state government, including capital facilities for the purpose	13052
of housing personnel, equipment, or functions, or any combination	13053
thereof that the state agencies are responsible for housing, for	13054
which the Ohio building authority is authorized to issue	13055
obligations pursuant to Chapter 152. of the Revised Code, and	13056
includes storage and parking facilities related to such capital	13057
facilities. For purposes of sections 152.10 to 152.15 of the	13058
Revised Code, "capital facilities" includes community or technical	13059
college capital facilities.	13060

(5) "Cost of capital facilities" means the costs of	13061
assessing, planning, acquiring, constructing, reconstructing,	13062
rehabilitating, remodeling, renovating, enlarging, improving,	13063
altering, maintaining, equipping, furnishing, repairing, painting,	13064
decorating, managing, or operating capital facilities, and the	13065
financing thereof, including the cost of clearance and preparation	13066
of the site and of any land to be used in connection with capital	13067
facilities, the cost of participating in capital facilities	13068
pursuant to section 152.33 of the Revised Code, the cost of any	13069
indemnity and surety bonds and premiums on insurance, all related	13070
direct administrative expenses and allocable portions of direct	13071
costs of the authority and lessee state agencies, cost of	13072
engineering and architectural services, designs, plans,	13073
specifications, surveys, and estimates of cost, legal fees, fees	13074
and expenses of trustees, depositories, and paying agents for the	13075
obligations, cost of issuance of the obligations and financing	13076
charges and fees and expenses of financial advisers and	13077
consultants in connection therewith, interest on obligations from	13078
the date thereof to the time when interest is to be covered from	13079
sources other than proceeds of obligations, amounts that represent	13080
the portion of investment earnings to be rebated or to be paid to	13081
the federal government in order to maintain the exclusion from	13082
gross income for federal income tax purposes of interest on those	13083
obligations pursuant to section 148(f) of the Internal Revenue	13084
Code, amounts necessary to establish reserves as required by the	13085
resolutions or the obligations, trust agreements, or indentures,	13086
costs of audits, the reimbursement of all moneys advanced or	13087
applied by or borrowed from any governmental entity, whether to or	13088
by the authority or others, from whatever source provided, for the	13089
payment of any item or items of cost of the capital facilities,	13090
any share of the cost undertaken by the authority pursuant to	13091
arrangements made with governmental entities under division (J) of	13092
section 152.21 of the Revised Code, and all other expenses	13093
necessary or incident to assessing, planning, or determining the	13094
feasibility or practicability with respect to capital facilities,	13095
and such other expenses as may be necessary or incident to the	13096
assessment, planning, acquisition, construction, reconstruction,	13097
rehabilitation, remodeling, renovation, enlargement, improvement,	13098
alteration, maintenance, equipment, furnishing, repair, painting,	13099
decoration, management, or operation of capital facilities, the	13100
financing thereof and the placing of the same in use and	13101
operation, including any one, part of, or combination of such	13102
classes of costs and expenses.	13103

(6) "Governmental entity" means any state agency, municipal	13104
corporation, county, township, school district, and any other	13105
political subdivision or special district in this state	13106
established pursuant to law, and, except where otherwise	13107
indicated, also means the United States or any of the states or	13108
any department, division, or agency thereof, and any agency,	13109
commission, or authority established pursuant to an interstate	13110
compact or agreement.	13111

(7) "Governing body" means:

13112

(a) In the case of a county, the board of county	13113
commissioners or other legislative authority; in the case of a	13114
municipal corporation, the legislative authority; in the case of a	13115
township, the board of township trustees; in the case of a school	13116
district, the board of education;	13117

(b) In the case of any other governmental entity, the	13118
officer, board, commission, authority, or other body having the	13119
general management of the entity or having jurisdiction or	13120
authority in the particular circumstances.	13121

(8) "Available receipts" means fees, charges, revenues,	13122
grants, subsidies, income from the investment of moneys, proceeds	13123
from the sale of goods or services, and all other revenues or	13124
receipts received by or on behalf of any state agency for which	13125
capital facilities are financed with obligations issued under	13126
Chapter 152. of the Revised Code, any state agency participating	13127
in capital facilities pursuant to section 152.33 of the Revised	13128
Code, or any state agency by which the capital facilities are	13129
constructed or financed; revenues or receipts derived by the	13130
authority from the operation, leasing, or other disposition of	13131
capital facilities, and the proceeds of obligations issued under	13132
Chapter 152. of the Revised Code; and also any moneys appropriated	13133
by a governmental entity, gifts, grants, donations, and pledges,	13134
and receipts therefrom, available for the payment of bond service	13135
charges on such obligations.	13136

(9) "Available community or technical college receipts" means	13137
all money received by a community or technical college or	13138
community or technical college district, including income,	13139
revenues, and receipts from the operation, ownership, or control	13140
of facilities, grants, gifts, donations, and pledges and receipts	13141
therefrom, receipts from fees and charges, the allocated state	13142
share of instruction as defined in section ~~3333.90~~3333.59 of the	13143
Revised Code, and the proceeds of the sale of obligations,	13144
including proceeds of obligations issued to refund obligations	13145
previously issued, but excluding any special fee, and receipts	13146
therefrom, charged pursuant to division (D) of section 154.21 of	13147
the Revised Code.	13148

(10) "Community or technical college," "college," "community	13149
or technical college district," and "district" have the same	13150
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	13151

(11) "Community or technical college capital facilities"	13152
means auxiliary facilities, education facilities, and housing and	13153
dining facilities, as those terms are defined in section 3345.12	13154
of the Revised Code, to the extent permitted to be financed by the	13155
issuance of obligations under division (A)(2) of section 3357.112	13156
of the Revised Code, that are authorized by sections 3354.121,	13157
3357.112, and 3358.10 of the Revised Code to be financed by	13158
obligations issued by a community or technical college district,	13159
and for which the Ohio building authority is authorized to issue	13160
obligations pursuant to Chapter 152. of the Revised Code, and	13161
includes any one, part of, or any combination of the foregoing,	13162
and further includes site improvements, utilities, machinery,	13163
furnishings, and any separate or connected buildings, structures,	13164
improvements, sites, open space and green space areas, utilities,	13165
or equipment to be used in, or in connection with the operation or	13166
maintenance of, or supplementing or otherwise related to the	13167
services or facilities to be provided by, such facilities.	13168

(12) "Cost of community or technical college capital	13169
facilities" means the costs of acquiring, constructing,	13170
reconstructing, rehabilitating, remodeling, renovating, enlarging,	13171
improving, equipping, or furnishing community or technical college	13172
capital facilities, and the financing thereof, including the cost	13173
of clearance and preparation of the site and of any land to be	13174
used in connection with community or technical college capital	13175
facilities, the cost of any indemnity and surety bonds and	13176
premiums on insurance, all related direct administrative expenses	13177
and allocable portions of direct costs of the authority, community	13178
or technical college or community or technical college district,	13179
cost of engineering, architectural services, design, plans,	13180
specifications and surveys, estimates of cost, legal fees, fees	13181
and expenses of trustees, depositories, bond registrars, and	13182
paying agents for the obligations, cost of issuance of the	13183
obligations and financing costs and fees and expenses of financial	13184
advisers and consultants in connection therewith, interest on the	13185
obligations from the date thereof to the time when interest is to	13186
be covered by available receipts or other sources other than	13187
proceeds of the obligations, amounts that represent the portion of	13188
investment earnings to be rebated or to be paid to the federal	13189
government in order to maintain the exclusion from gross income	13190
for federal income tax purposes of interest on those obligations	13191
pursuant to section 148(f) of the Internal Revenue Code, amounts	13192
necessary to establish reserves as required by the bond	13193
proceedings, costs of audits, the reimbursements of all moneys	13194
advanced or applied by or borrowed from the community or technical	13195
college, community or technical college district, or others, from	13196
whatever source provided, including any temporary advances from	13197
state appropriations, for the payment of any item or items of cost	13198
of community or technical college facilities, and all other	13199
expenses necessary or incident to planning or determining	13200
feasibility or practicability with respect to such facilities, and	13201
such other expenses as may be necessary or incident to the	13202
acquisition, construction, reconstruction, rehabilitation,	13203
remodeling, renovation, enlargement, improvement, equipment, and	13204
furnishing of community or technical college capital facilities,	13205
the financing thereof and the placing of them in use and	13206
operation, including any one, part of, or combination of such	13207
classes of costs and expenses.	13208

(B) Pursuant to the powers granted to the general assembly	13209
under Section 2i of Article VIII, Ohio Constitution, to authorize	13210
the issuance of revenue obligations and other obligations, the	13211
owners or holders of which are not given the right to have excises	13212
or taxes levied by the general assembly for the payment of	13213
principal thereof or interest thereon, the Ohio building authority	13214
may issue obligations, in accordance with Chapter 152. of the	13215
Revised Code, and shall cause the net proceeds thereof, after any	13216
deposits of accrued interest for the payment of bond service	13217
charges and after any deposit of all or such lesser portion as the	13218
authority may direct of the premium received upon the sale of	13219
those obligations for the payment of the bond service charges, to	13220
be applied to the costs of capital facilities designated by or	13221
pursuant to act of the general assembly for housing state agencies	13222
as authorized by Chapter 152. of the Revised Code. The authority	13223
shall provide by resolution for the issuance of such obligations.	13224
The bond service charges and all other payments required to be	13225
made by the trust agreement or indenture securing such obligations	13226
shall be payable solely from available receipts of the authority	13227
pledged thereto as provided in such resolution. The available	13228
receipts pledged and thereafter received by the authority are	13229
immediately subject to the lien of such pledge without any	13230
physical delivery thereof or further act, and the lien of any such	13231
pledge is valid and binding against all parties having claims of	13232
any kind against the authority, irrespective of whether those	13233
parties have notice thereof, and creates a perfected security	13234
interest for all purposes of Chapter 1309. of the Revised Code and	13235
a perfected lien for purposes of any real property interest, all	13236
without the necessity for separation or delivery of funds or for	13237
the filing or recording of the resolution, trust agreement,	13238
indenture, or other agreement by which such pledge is created or	13239
any certificate, statement, or other document with respect	13240
thereto; and the pledge of such available receipts is effective	13241
and the money therefrom and thereof may be applied to the purposes	13242
for which pledged. Every pledge, and every covenant and agreement	13243
made with respect to the pledge, made in the resolution may	13244
therein be extended to the benefit of the owners and holders of	13245
obligations authorized by Chapter 152. of the Revised Code, the	13246
net proceeds of which are to be applied to the costs of capital	13247
facilities, and to any trustee therefor, for the further securing	13248
of the payment of the bond service charges, and all or any rights	13249
under any agreement or lease made under this section may be	13250
assigned for such purpose. Obligations may be issued at one time	13251
or from time to time, and each issue shall be dated, shall mature	13252
at such time or times as determined by the authority not exceeding	13253
forty years from the date of issue, and may be redeemable before	13254
maturity at the option of the authority at such price or prices	13255
and under such terms and conditions as are fixed by the authority	13256
prior to the issuance of the obligations. The authority shall	13257
determine the form of the obligations, fix their denominations,	13258
establish their interest rate or rates, which may be a variable	13259
rate or rates, or the maximum interest rate, and establish within	13260
or without this state a place or places of payment of bond service	13261
charges.	13262

(C) The obligations shall be signed by the authority	13263
chairperson, vice-chairperson, and secretary-treasurer, and the	13264
authority seal shall be affixed. The signatures may be facsimile	13265
signatures and the seal affixed may be a facsimile seal, as	13266
provided by resolution of the authority. Any coupons attached may	13267
bear the facsimile signature of the chairperson. In case any	13268
officer who has signed any obligations, or caused the officer's	13269
facsimile signature to be affixed thereto, ceases to be such	13270
officer before such obligations have been delivered, such	13271
obligations may, nevertheless, be issued and delivered as though	13272
the person who had signed the obligations or caused the person's	13273
facsimile signature to be affixed thereto had not ceased to be	13274
such officer.	13275

Any obligations may be executed on behalf of the authority by	13276
an officer who, on the date of execution, is the proper officer	13277
although on the date of such obligations such person was not the	13278
proper officer.	13279

(D) All obligations issued by the authority shall have all	13280
the qualities and incidents of negotiable instruments and may be	13281
issued in coupon or in registered form, or both, as the authority	13282
determines. Provision may be made for the registration of any	13283
obligations with coupons attached thereto as to principal alone or	13284
as to both principal and interest, their exchange for obligations	13285
so registered, and for the conversion or reconversion into	13286
obligations with coupons attached thereto of any obligations	13287
registered as to both principal and interest, and for reasonable	13288
charges for such registration, exchange, conversion, and	13289
reconversion. The authority may sell its obligations in any manner	13290
and for such prices as it determines, except that the authority	13291
shall sell obligations sold at public or private sale in	13292
accordance with section 152.091 of the Revised Code.	13293

(E) The obligations of the authority, principal, interest,	13294
and any proceeds from their sale or transfer, are exempt from all	13295
taxation within this state.	13296

(F) The authority is authorized to issue revenue obligations	13297
and other obligations under Section 2i of Article VIII, Ohio	13298
Constitution, for the purpose of paying the cost of capital	13299
facilities for housing of branches and agencies of state	13300
government, including capital facilities for the purpose of	13301
housing personnel, equipment, or functions, or any combination	13302
thereof that the state agencies are responsible for housing, as	13303
are authorized by Chapter 152. of the Revised Code, and that are	13304
authorized by the general assembly by the appropriation of lease	13305
payments or other moneys for such capital facilities or by any	13306
other act of the general assembly, but not including the	13307
appropriation of moneys for feasibility studies for such capital	13308
facilities. This division does not authorize the authority to	13309
issue obligations pursuant to Section 2i of Article VIII, Ohio	13310
Constitution, to pay the cost of capital facilities for mental	13311
hygiene and retardation, parks and recreation, or state-supported	13312
or state-assisted institutions of higher education.	13313

(G) The authority is authorized to issue revenue obligations	13314
under Section 2i of Article VIII, Ohio Constitution, on behalf of	13315
a community or technical college district and shall cause the net	13316
proceeds thereof, after any deposits of accrued interest for the	13317
payment of bond service charges and after any deposit of all or	13318
such lesser portion as the authority may direct of the premium	13319
received upon the sale of those obligations for the payment of the	13320
bond service charges, to be applied to the cost of community or	13321
technical college capital facilities, provided that the issuance	13322
of such obligations is subject to the execution of a written	13323
agreement in accordance with division (C) of section ~~3333.90~~	13324
3333.59 of the Revised Code for the withholding and depositing of	13325
funds otherwise due the district, or the college it operates, in	13326
respect of its allocated state share of instruction.	13327

The authority shall provide by resolution for the issuance of	13328
such obligations. The bond service charges and all other payments	13329
required to be made by the trust agreement or indenture securing	13330
the obligations shall be payable solely from available community	13331
or technical college receipts pledged thereto as provided in the	13332
resolution. The available community or technical college receipts	13333
pledged and thereafter received by the authority are immediately	13334
subject to the lien of such pledge without any physical delivery	13335
thereof or further act, and the lien of any such pledge is valid	13336
and binding against all parties having claims of any kind against	13337
the authority, irrespective of whether those parties have notice	13338
thereof, and creates a perfected security interest for all	13339
purposes of Chapter 1309. of the Revised Code and a perfected lien	13340
for purposes of any real property interest, all without the	13341
necessity for separation or delivery of funds or for the filing or	13342
recording of the resolution, trust agreement, indenture, or other	13343
agreement by which such pledge is created or any certificate,	13344
statement, or other document with respect thereto; and the pledge	13345
of such available community or technical college receipts is	13346
effective and the money therefrom and thereof may be applied to	13347
the purposes for which pledged. Every pledge, and every covenant	13348
and agreement made with respect to the pledge, made in the	13349
resolution may therein be extended to the benefit of the owners	13350
and holders of obligations authorized by this division, and to any	13351
trustee therefor, for the further securing of the payment of the	13352
bond service charges, and all or any rights under any agreement or	13353
lease made under this section may be assigned for such purpose.	13354
Obligations may be issued at one time or from time to time, and	13355
each issue shall be dated, shall mature at such time or times as	13356
determined by the authority not exceeding forty years from the	13357
date of issue, and may be redeemable before maturity at the option	13358
of the authority at such price or prices and under such terms and	13359
conditions as are fixed by the authority prior to the issuance of	13360
the obligations. The authority shall determine the form of the	13361
obligations, fix their denominations, establish their interest	13362
rate or rates, which may be a variable rate or rates, or the	13363
maximum interest rate, and establish within or without this state	13364
a place or places of payment of bond service charges.	13365

Sec. 153.692. For every design-build contract, the public	13366
authority planning to contract for design-build services shall	13367
first obtain the services of a criteria architect or engineer by	13368
doing either of the following:	13369

(A) Contracting for the services consistent with sections	13370
153.65 to 153.70 of the Revised Code;	13371

(B) Obtaining the services through an architect or engineer	13372
who is an employee of the public authority and notifying the	13373
~~department of administrative services~~Ohio facilities construction	13374
commission before the services are performed.	13375

Sec. 154.01. As used in this chapter:

13376

(A) "Commission" means the Ohio public facilities commission	13377
created in section 151.02 of the Revised Code.	13378

(B) "Obligations" means bonds, notes, or other evidences of	13379
obligation, including interest coupons pertaining thereto, issued	13380
pursuant to Chapter 154. of the Revised Code.	13381

(C) "Bond proceedings" means the order or orders, resolution	13382
or resolutions, trust agreement, indenture, lease, and other	13383
agreements, amendments and supplements to the foregoing, or any	13384
combination thereof, authorizing or providing for the terms and	13385
conditions applicable to, or providing for the security of,	13386
obligations issued pursuant to Chapter 154. of the Revised Code,	13387
and the provisions contained in such obligations.	13388

(D) "State agencies" means the state of Ohio and officers,	13389
boards, commissions, departments, divisions, or other units or	13390
agencies of the state.	13391

(E) "Governmental agency" means state agencies, state	13392
supported and assisted institutions of higher education, municipal	13393
corporations, counties, townships, school districts, and any other	13394
political subdivision or special district in this state	13395
established pursuant to law, and, except where otherwise	13396
indicated, also means the United States or any department,	13397
division, or agency thereof, and any agency, commission, or	13398
authority established pursuant to an interstate compact or	13399
agreement.	13400

(F) "Institutions of higher education" and "state supported	13401
or state assisted institutions of higher education" means the	13402
state universities identified in section 3345.011 of the Revised	13403
Code, the northeast Ohio medical university, state universities or	13404
colleges at any time created, community college districts,	13405
university branch districts, and technical college districts at	13406
any time established or operating under Chapter 3354., 3355., or	13407
3357. of the Revised Code, and other institutions for education,	13408
including technical education, beyond the high school, receiving	13409
state support or assistance for their expenses of operation.	13410

(G) "Governing body" means:

13411

(1) In the case of institutions of higher education, the	13412
board of trustees, board of directors, commission, or other body	13413
vested by law with the general management, conduct, and control of	13414
one or more institutions of higher education;	13415

(2) In the case of a county, the board of county	13416
commissioners or other legislative body; in the case of a	13417
municipal corporation, the council or other legislative body; in	13418
the case of a township, the board of township trustees; in the	13419
case of a school district, the board of education;	13420

(3) In the case of any other governmental agency, the	13421
officer, board, commission, authority or other body having the	13422
general management thereof or having jurisdiction or authority in	13423
the particular circumstances.	13424

(H) "Person" means any person, firm, partnership,	13425
association, or corporation.	13426

(I) "Bond service charges" means principal, including	13427
mandatory sinking fund requirements for retirement of obligations,	13428
and interest, and redemption premium, if any, required to be paid	13429
by the state on obligations. If not prohibited by the applicable	13430
bond proceedings, bond service charges may include costs relating	13431
to credit enhancement facilities that are related to and	13432
represent, or are intended to provide a source of payment of or	13433
limitation on, other bond service charges.	13434

(J) "Capital facilities" means buildings, structures, and	13435
other improvements, and equipment, real estate, and interests in	13436
real estate therefor, within the state, and any one, part of, or	13437
combination of the foregoing, to serve the general purposes for	13438
which the issuing authority is authorized to issue obligations	13439
pursuant to Chapter 154. of the Revised Code, including, but not	13440
limited to, drives, roadways, parking facilities, walks, lighting,	13441
machinery, furnishings, utilities, landscaping, wharves, docks,	13442
piers, reservoirs, dams, tunnels, bridges, retaining walls,	13443
riprap, culverts, ditches, channels, watercourses, retention	13444
basins, standpipes and water storage facilities, waste treatment	13445
and disposal facilities, heating, air conditioning and	13446
communications facilities, inns, lodges, cabins, camping sites,	13447
golf courses, boat and bathing facilities, athletic and	13448
recreational facilities, and site improvements.	13449

(K) "Costs of capital facilities" means the costs of	13450
acquiring, constructing, reconstructing, rehabilitating,	13451
remodeling, renovating, enlarging, improving, equipping, or	13452
furnishing capital facilities, and the financing thereof,	13453
including the cost of clearance and preparation of the site and of	13454
any land to be used in connection with capital facilities, the	13455
cost of any indemnity and surety bonds and premiums on insurance,	13456
all related direct administrative expenses and allocable portions	13457
of direct costs of the commission or issuing authority and	13458
department of administrative services, or other designees of the	13459
commission under section 154.17 of the Revised Code, cost of	13460
engineering and architectural services, designs, plans,	13461
specifications, surveys, and estimates of cost, legal fees, fees	13462
and expenses of trustees, depositories, and paying agents for the	13463
obligations, cost of issuance of the obligations and financing	13464
charges and fees and expenses of financial advisers and	13465
consultants in connection therewith, interest on obligations,	13466
including but not limited to, interest from the date of their	13467
issuance to the time when interest is to be covered from sources	13468
other than proceeds of obligations, amounts necessary to establish	13469
reserves as required by the bond proceedings, costs of audits, the	13470
reimbursement of all moneys advanced or applied by or borrowed	13471
from any governmental agency, whether to or by the commission or	13472
others, from whatever source provided, for the payment of any item	13473
or items of cost of the capital facilities, any share of the cost	13474
undertaken by the commission pursuant to arrangements made with	13475
governmental agencies under division (H) of section 154.06 of the	13476
Revised Code, and all other expenses necessary or incident to	13477
planning or determining feasibility or practicability with respect	13478
to capital facilities, and such other expenses as may be necessary	13479
or incident to the acquisition, construction, reconstruction,	13480
rehabilitation, remodeling, renovation, enlargement, improvement,	13481
equipment, and furnishing of capital facilities, the financing	13482
thereof and the placing of the same in use and operation,	13483
including any one, part of, or combination of such classes of	13484
costs and expenses.	13485

(L) "Public service facilities" means inns, lodges, hotels,	13486
cabins, camping sites, scenic trails, picnic sites, restaurants,	13487
commissaries, golf courses, boating and bathing facilities and	13488
other similar facilities in state parks.	13489

(M) "State parks" means:

13490

(1) State reservoirs described and identified in section	13491
1541.06 of the Revised Code;	13492

(2) All lands or interests therein of the state identified as	13493
administered by the division of parks and recreation in the	13494
"inventory of state owned lands administered by the department of	13495
natural resources as of June 1, 1963," as recorded in the journal	13496
of the director, which inventory was prepared by the real estate	13497
section of the department and is supported by maps now on file in	13498
said real estate section;	13499

(3) All lands or interests in lands of the state designated	13500
after June 1, 1963, as state parks in the journal of the director	13501
with the approval of the recreation and resources council.	13502

State parks do not include any lands or interest in lands of	13503
the state administered jointly by two or more divisions of the	13504
department of natural resources. The designation of lands as state	13505
parks under divisions (M)(1) to (3) of this section is conclusive	13506
and such lands shall be under the control of and administered by	13507
the division of parks and recreation. No order or proceeding	13508
designating lands as state parks or park purchase areas is subject	13509
to any appeal or review by any officer, board, commission, or	13510
court.	13511

(N) "Bond service fund" means the applicable fund created for	13512
and pledged to the payment of bond service charges under section	13513
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including	13514
all moneys and investments, and earnings from investments,	13515
credited and to be credited thereto.	13516

(O) "Improvement fund" means the applicable fund created for	13517
the payment of costs of capital facilities under section 123.201,	13518
154.20, 154.21, or 154.22~~, or 3383.09~~ of the Revised Code,	13519
including all moneys and investments, and earnings from	13520
investments, credited and to be credited thereto.	13521

(P) "Special funds" or "funds" means, except where the	13522
context does not permit, the bond service funds, the improvements	13523
funds, and any other funds for similar or different purposes	13524
created under bond proceedings, including all moneys and	13525
investments, and earnings from investments, credited and to be	13526
credited thereto.	13527

(Q) "Year" unless the context indicates a different meaning	13528
or intent, means a calendar year beginning on the first day of	13529
January and ending on the thirty-first day of December.	13530

(R) "Fiscal year" means the period of twelve months beginning	13531
on the first day of July and ending on the thirtieth day of June.	13532

(S) "Issuing authority" means the treasurer of state or the	13533
officer or employee who by law performs the functions of that	13534
office.	13535

(T) "Credit enhancement facilities" has the same meaning as	13536
in section 133.01 of the Revised Code.	13537

(U) "Ohio cultural facility" and "Ohio sports facility" have	13538
the same meanings as in section ~~3383.01~~123.28 of the Revised	13539
Code.	13540

Sec. 154.17. The departments of administrative services,	13541
~~mental health~~mental health and addiction services, developmental	13542
disabilities, rehabilitation and correction, and natural	13543
resources, the Ohio board of regents, institutions of higher	13544
education, and other state officers and state agencies shall	13545
cooperate with the commission in providing services and	13546
information requested by the commission for purposes of Chapter	13547
154. of the Revised Code, and the commission may make mutually	13548
satisfactory arrangements therefor and may thereunder designate	13549
any governmental agency for the management or performance of	13550
particular functions of the commission, other than the	13551
authorization and issuance of obligations provided for in Chapter	13552
154. of the Revised Code, pursuant to which designation, upon	13553
acceptance thereof by that governmental agency, that function may	13554
be carried out with the full force and effect as if performed by	13555
the commission. Any such designation shall be made only by formal	13556
action or written agreement of the commission. In the management	13557
of capital facilities or performance of other functions with	13558
respect thereto, a governmental agency may exercise all powers	13559
which it has under law with respect to other similar facilities	13560
under its jurisdiction.	13561

Contracts relating to capital facilities shall be made in	13562
accordance with the law pertaining to the governmental agency	13563
designated under authority of this section to perform such	13564
contracting function, and in any other case shall be made in	13565
accordance with Chapter 153. of the Revised Code, for which	13566
purpose the commission shall be considered the owner, provided	13567
that the commission may assign the function of owner to the	13568
department of administrative services or other governmental agency	13569
as it determines. The commission may acquire by assignment from	13570
any governmental agency contracts which are not completed and	13571
which involve acquiring, constructing, reconstructing,	13572
rehabilitating, remodeling, renovating, enlarging, improving,	13573
equipping, or furnishing capital facilities, provided that such	13574
governmental agency has complied with the procedures prescribed by	13575
laws for its letting of such contract.	13576

No contract shall be let or assignment thereof accepted under	13577
this section involving performance in accordance with plans and	13578
specifications until such plans and specifications have been	13579
submitted to and approved by the governmental agency to have	13580
responsibility for the management of the capital facilities	13581
provided for in such plans and specifications, which approval	13582
shall be considered to be given if no approval or disapproval is	13583
communicated in writing to the commission or its designee for such	13584
purpose within sixty days following such submission of plans and	13585
specifications. Approval by such governmental agency of changes in	13586
plans and specifications is not required if the director of	13587
administrative services or the designee of the commission for such	13588
purpose shall certify that such changes do not substantially	13589
change the location, character, or extent of such capital	13590
facilities.	13591

Sec. 154.20. (A) Subject to authorization by the general	13592
assembly under section 154.02 of the Revised Code, the issuing	13593
authority may issue obligations pursuant to this chapter to pay	13594
costs of capital facilities for mental hygiene and retardation,	13595
including housing for mental hygiene and retardation patients.	13596

(B) Any capital facilities for mental hygiene or retardation,	13597
including housing for mental hygiene and retardation patients, may	13598
be leased by the commission to the department of ~~mental health,~~	13599
mental health and addiction services or the department of	13600
developmental disabilities~~, or the department of alcohol and drug~~	13601
~~addiction services~~, and other agreements may be made by the	13602
commission and any one or more of these departments with respect	13603
to the use or purchase of such capital facilities or, subject to	13604
the approval of the director of the department, the commission may	13605
lease such capital facilities to, and make or provide for other	13606
agreements with respect to the use or purchase thereof with, any	13607
governmental agency having authority under law to operate such	13608
capital facilities, and the director of the department may	13609
sublease such capital facilities to, and make other agreements	13610
with respect to the use or purchase thereof with, any such	13611
governmental agency, which may include provisions for transmittal	13612
to the mental health bond service trust fund created under	13613
division (E) of this section, by such governmental agency or by a	13614
nonprofit corporation providing mental hygiene and retardation	13615
services for or under contract with or the supervision of that	13616
governmental agency, of receipts of that agency or nonprofit	13617
corporation from charges for the treatment or care of mental	13618
hygiene and retardation patients, all upon such terms and	13619
conditions as the parties may agree upon and pursuant to this	13620
chapter, notwithstanding any other provision of law affecting the	13621
leasing, acquisition, or disposition of capital facilities by the	13622
parties.	13623

(C) For purposes of this section, "available receipts" means	13624
all receipts of the state from charges for the treatment or care	13625
of mental hygiene and retardation patients, including support	13626
payments received under Chapter 5121. of the Revised Code and	13627
moneys required to be transmitted to the mental health bond	13628
service trust fund pursuant to subleases and other agreements	13629
between any of the departments and another governmental agency	13630
pursuant to division (B) of this section as the subleases and	13631
other agreements may be further implemented for internal planning,	13632
budgeting, and accounting purposes pursuant to rules adopted by	13633
the director of ~~mental health,~~mental health and addiction	13634
services or director of developmental disabilities~~, or director of~~	13635
~~alcohol and drug addiction services~~, any revenues or receipts	13636
derived by the commission from the operation, leasing, or other	13637
disposition of capital facilities financed under this section, the	13638
proceeds of obligations issued under this section and sections	13639
154.11 and 154.12 of the Revised Code, and also means any gifts,	13640
grants, donations, and pledges, and receipts therefrom, available	13641
for the payment of bond service charges on such obligations. The	13642
issuing authority may pledge all, or such portion as that	13643
authority determines, of the available receipts to the payment of	13644
bond service charges on obligations issued under this section and	13645
under sections 154.11 and 154.12 of the Revised Code and for the	13646
establishment and maintenance of any reserves, as provided in the	13647
bond proceedings, and make other provisions therein with respect	13648
to such available receipts as authorized by this chapter, which	13649
provisions shall be controlling notwithstanding any other	13650
provision of law pertaining thereto.	13651

(D) The issuing authority may covenant in the bond	13652
proceedings that the state and state agencies shall, so long as	13653
any obligations issued under this section are outstanding, cause	13654
to be charged and collected charges for the treatment or care of	13655
mental hygiene and retardation patients sufficient in amount to	13656
provide for the payment of bond service charges on such	13657
obligations and for the establishment and maintenance of any	13658
reserves, as provided in the bond proceedings, and such covenants	13659
shall be controlling notwithstanding any other provision of law	13660
pertaining to such charges.	13661

(E) There is hereby created the mental health bond service	13662
trust fund, which shall be in the custody of the treasurer of	13663
state but shall be separate and apart from and not a part of the	13664
state treasury. All moneys received by or on account of the	13665
commission or issuing authority or state agencies and required by	13666
the applicable bond proceedings to be deposited, transferred, or	13667
credited to the fund, and all other moneys transferred or	13668
allocated to or received for the purposes of the fund, shall be	13669
deposited with the treasurer of state and credited to such fund,	13670
subject to applicable provisions of the bond proceedings, but	13671
without necessity for any act of appropriation. The mental health	13672
bond service trust fund is a trust fund and is hereby pledged to	13673
the payment of bond service charges on the obligations issued	13674
pursuant to this section and sections 154.11 and 154.12 of the	13675
Revised Code to the extent provided in the applicable bond	13676
proceedings, and payment thereof from such fund shall be made or	13677
provided for by the treasurer of state in accordance with such	13678
bond proceedings without necessity for any act of appropriation.	13679

(F) There is hereby created in the state treasury the mental	13680
health facilities improvement fund. Subject to the bond	13681
proceedings therefor, all of the proceeds of the sale of	13682
obligations pursuant to this section shall be credited to the	13683
fund, except that any accrued interest shall be credited to the	13684
mental health bond service fund. The mental health facilities	13685
improvement fund may also be comprised of gifts, grants,	13686
appropriated moneys, and other sums and securities received to the	13687
credit of such fund. All investment earnings on the cash balance	13688
in the fund shall be credited to the fund. The fund shall be	13689
applied only to the following purposes:	13690

(1) Paying costs of capital facilities for mental hygiene and	13691
retardation, including housing for mental hygiene and retardation	13692
patients, under the jurisdiction of the department of ~~mental~~	13693
~~health,~~mental health and addiction services or department of	13694
developmental disabilities~~, or department of alcohol and drug~~	13695
~~addiction services~~;	13696

(2) Participating in capital facilities for mental hygiene	13697
and retardation, including housing for mental hygiene and	13698
retardation patients, with the federal government, municipal	13699
corporations, counties, or other governmental agencies, or a	13700
nonprofit corporation specifically chartered to provide a mental	13701
health or mental retardation service when such service fulfills a	13702
public purpose, which participation may be by grants or	13703
contributions to them for such capital facilities. Except as	13704
provided in division (G) of this section, the nonprofit	13705
corporation may act in concert with a limited partnership or a	13706
limited liability company eligible to participate in the nonprofit	13707
set-aside described in section 42(h)(5) of the "Internal Revenue	13708
Code of 1986," 100 Stat. 2198, 26 U.S.C. 42, and the Ohio housing	13709
finance agency's housing tax credit program for the purpose of	13710
making use of low-income housing tax credits in support of housing	13711
for mental hygiene and retardation patients.	13712

(G) A nonprofit corporation providing a mental retardation	13713
service must obtain written approval from the director of	13714
developmental disabilities before acting in concert with a limited	13715
partnership or limited liability company as described in division	13716
(F)(2) of this section. However, the director may issue one	13717
blanket approval for all such nonprofit corporations.	13718

(H) This section is to be applied with other applicable	13719
provisions of this chapter.	13720

Sec. 154.22. (A) Subject to authorization by the general	13721
assembly under section 154.02 of the Revised Code, the issuing	13722
authority may authorize and issue obligations pursuant to this	13723
chapter to pay costs of capital facilities for parks and	13724
recreation.	13725

(B) Any capital facilities for parks and recreation may be	13726
leased by the commission to the department of natural resources	13727
and other agreements may be made by the commission and such	13728
department with respect to the use or purchase of such capital	13729
facilities or, subject to the approval of the director of such	13730
department, the commission may lease such capital facilities to,	13731
and make other agreements with respect to their use or purchase	13732
with, any governmental agency having authority under law to	13733
operate such capital facilities, and the director of such	13734
department may sublease such capital facilities to, and make other	13735
agreements with respect to the use or purchase thereof with, any	13736
such governmental agency, or such director may sublease or	13737
contract for the operation of such capital facilities in	13738
accordance with the applicable provisions of sections 1501.09,	13739
1501.091, and 1501.10 of the Revised Code, all upon such terms and	13740
conditions as the parties may agree upon and pursuant to this	13741
chapter, notwithstanding any other provisions of law affecting the	13742
leasing, acquisition, or disposition of capital facilities by such	13743
parties.	13744

(C) For purposes of this section, "available receipts" means	13745
all receipts, including fees, charges, and rentals, derived or to	13746
be derived from state parks and public service facilities in any	13747
state park or parks, any other receipts of state agencies with	13748
respect to parks and recreational facilities, any revenues or	13749
receipts derived by the commission from the operation, leasing, or	13750
other disposition of capital facilities financed under this	13751
section, the proceeds of obligations issued under this section and	13752
sections 154.11 and 154.12 of the Revised Code, and also means any	13753
gifts, grants, donations, and pledges, and receipts thereon,	13754
available for the payment of bond service charges on obligations	13755
issued under this section. The issuing authority may pledge all,	13756
or such portion as it determines, of the available receipts to the	13757
payment of bond service charges on obligations issued under this	13758
section and sections 154.11 and 154.12 of the Revised Code and for	13759
the establishment and maintenance of any reserves, as provided in	13760
the bond proceedings, and make other provisions therein with	13761
respect to such available receipts as authorized by this chapter,	13762
which provisions shall be controlling notwithstanding any other	13763
provision of law pertaining thereto.	13764

(D) The issuing authority may covenant in the bond proceeding	13765
that the state and state agencies shall, so long as any	13766
obligations issued under this section are outstanding, cause to be	13767
charged and collected fees, charges, and rentals for the use of	13768
state parks and public service facilities and other fees and	13769
charges with respect to parks and recreation sufficient in amount	13770
to provide for the payment of bond service charges on such	13771
obligations and for the establishment and maintenance of any	13772
reserves as provided in the bond proceedings, and such covenants	13773
shall be controlling notwithstanding any other provision of law	13774
pertaining to such charges except any provision of law prohibiting	13775
or limiting charges for the use of swimming facilities of state	13776
parks and public service facilities by persons under sixteen years	13777
of age.	13778

(E) There is hereby created the parks and recreation bond	13779
service trust fund, which shall be in the custody of the treasurer	13780
of state but shall be separate and apart from and not a part of	13781
the state treasury. All moneys received by or on account of the	13782
commission or issuing authority or state agencies and required by	13783
the applicable bond proceedings to be deposited, transferred, or	13784
allocated to or received for the purposes of the trust fund shall	13785
be deposited with the treasurer of state and credited to such	13786
fund, subject to applicable provisions of the bond proceedings but	13787
without necessity for any act of appropriation. The trust fund is	13788
hereby pledged to the payment of bond service charges on the	13789
obligations issued pursuant to this section and sections 154.11	13790
and 154.12 of the Revised Code to the extent provided in the	13791
applicable bond proceedings, and payment thereof from such fund	13792
shall be made or provided for by the treasurer of state in	13793
accordance with such bond proceedings without necessity for any	13794
act of appropriation.	13795

(F) There is hereby created in the state treasury the parks	13796
and recreation improvement fund. Subject to the bond proceedings	13797
therefor, all of the proceeds of the sale of obligations issued	13798
pursuant to this section shall be credited to such fund, except	13799
that any accrued interest received shall be credited to the parks	13800
and recreation bond service trust fund. The parks and recreation	13801
improvement fund may also be comprised of gifts, grants,	13802
appropriated moneys, and other sums and securities received to the	13803
credit of such fund. Such fund shall be applied only to the	13804
purpose of paying costs of capital facilities for parks and	13805
recreation under the jurisdiction of the department of natural	13806
resources or for participation in capital facilities for parks and	13807
recreation with the federal government, municipal corporations,	13808
counties, or other governmental agencies, or any one or more of	13809
them, which participation may be by grants or contributions to	13810
them for such capital facilities. All investment earnings on the	13811
cash balance in the fund shall be credited to the fund.	13812

(G) All state parks shall be exclusively under the control	13813
and administration of the division of parks and recreation. With	13814
the approval of the recreation and resources council, the director	13815
of natural resources may by order remove from the classification	13816
as state parks any of the lands or interests therein referred to	13817
in divisions (M)(2) and (3) of section 154.01 of the Revised Code,	13818
subject to the limitations, provisions, and conditions in any	13819
order authorizing state park revenue bonds, in any trust agreement	13820
securing such bonds, or in bond proceedings with respect to	13821
obligations issued pursuant to this section. Lands or interests	13822
therein so removed shall be transferred to other divisions of the	13823
department for administration or may be sold as provided by law.	13824
Proceeds of any sale shall be used or transferred as provided in	13825
the order authorizing state park revenue bonds or in such trust	13826
agreement, or in bond proceedings with respect to obligations	13827
issued pursuant to this section, and if no such provision is made	13828
shall be transferred to the state park fund created by section	13829
1541.22 of the Revised Code.	13830

(H) This section shall be applied with other applicable	13831
provisions of this chapter.	13832

(I) Any instrument by which real property is acquired	13833
pursuant to this section shall identify the agency of the state	13834
that has the use and benefit of the real property as specified in	13835
section 5301.012 of the Revised Code.	13836

Sec. 154.23. (A) Subject to authorization by the general	13837
assembly under section 154.02 of the Revised Code, the issuing	13838
authority may issue obligations pursuant to this chapter to pay	13839
costs of capital facilities for Ohio cultural facilities and Ohio	13840
sports facilities.	13841

(B) The Ohio public facilities commission may lease any	13842
capital facilities for Ohio cultural facilities or Ohio sports	13843
facilities to, and make or provide for other agreements with	13844
respect to the use or purchase of such capital facilities with,	13845
the Ohio ~~cultural~~ facilities construction commission and, with the	13846
Ohio ~~cultural~~ facilities construction commission's approval, any	13847
governmental agency having authority under law to operate such	13848
capital facilities. ~~Any lease or agreement shall be subject to~~	13849
~~Chapter 3383. of the Revised Code.~~	13850

(C) For purposes of this section, "available receipts" means	13851
any revenues or receipts derived by the Ohio public facilities	13852
commission from the operation, leasing, or other disposition of	13853
capital facilities financed under this section, the proceeds of	13854
obligations issued under this section and section 154.11 or 154.12	13855
of the Revised Code, and also means any gifts, grants, donations,	13856
and pledges, and receipts thereon, available for the payment of	13857
bond service charges on obligations issued under this section. The	13858
issuing authority may pledge all, or such portion as it	13859
determines, of the available receipts to the payment of bond	13860
service charges on obligations issued under this section and	13861
section 154.11 or 154.12 of the Revised Code and for the	13862
establishment and maintenance of any reserves, as provided in the	13863
bond proceedings, and make other provisions therein with respect	13864
to such available receipts as authorized by this chapter, which	13865
provisions shall be controlling notwithstanding any other	13866
provision of law pertaining thereto.	13867

(D) There is hereby created one or more funds, as determined	13868
by the issuing authority in the bond proceedings, designated as	13869
the "Ohio cultural facilities ~~commission~~ bond service fund" with,	13870
if more than one such fund, such further identifying name as the	13871
issuing authority determines, which shall be in the custody of the	13872
treasurer of state but shall be separate and apart from and not a	13873
part of the state treasury. All money received by or on account of	13874
the issuing authority or the Ohio ~~cultural~~ facilities construction	13875
commission and required by the applicable bond proceedings to be	13876
deposited, transferred, or credited to the Ohio cultural	13877
facilities ~~commission~~ bond service fund, and all other money	13878
transferred or allocated to or received for the purposes of that	13879
fund shall be deposited with the treasurer of state and credited	13880
to the applicable fund, subject to applicable provisions of the	13881
bond proceedings, but without necessity of any act or	13882
appropriation. The Ohio cultural facilities ~~commission~~ bond	13883
service funds are trust funds and are hereby pledged to the	13884
payment of bond service charges on the applicable obligations	13885
issued pursuant to this section and section 154.11 or 154.12 of	13886
the Revised Code to the extent provided in the applicable bond	13887
proceedings, and payment thereof from such funds shall be made or	13888
provided for by the treasurer of state in accordance with the	13889
applicable bond proceedings without necessity for any act or	13890
appropriation.	13891

(E) This section is to be applied with other applicable	13892
provisions of this chapter.	13893

Sec. 154.25. (A) As used in this section:

13894

(1) "Available community or technical college receipts" means	13895
all money received by a community or technical college or	13896
community or technical college district, including income,	13897
revenues, and receipts from the operation, ownership, or control	13898
of facilities, grants, gifts, donations, and pledges and receipts	13899
therefrom, receipts from fees and charges, the allocated state	13900
share of instruction as defined in section ~~3333.90~~3333.59 of the	13901
Revised Code, and the proceeds of the sale of obligations,	13902
including proceeds of obligations issued to refund obligations	13903
previously issued, but excluding any special fee, and receipts	13904
therefrom, charged pursuant to division (D) of section 154.21 of	13905
the Revised Code.	13906

(2) "Community or technical college," "college," "community	13907
or technical college district," and "district" have the same	13908
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	13909

(3) "Community or technical college capital facilities" means	13910
auxiliary facilities, education facilities, and housing and dining	13911
facilities, as those terms are defined in section 3345.12 of the	13912
Revised Code, to the extent permitted to be financed by the	13913
issuance of obligations under division (A)(2) of section 3357.112	13914
of the Revised Code, that are authorized by sections 3354.121,	13915
3357.112, and 3358.10 of the Revised Code to be financed by	13916
obligations issued by a community or technical college district,	13917
and for which the issuing authority is authorized to issue	13918
obligations pursuant to this section, and includes any one, part	13919
of, or any combination of the foregoing, and further includes site	13920
improvements, utilities, machinery, furnishings, and any separate	13921
or connected buildings, structures, improvements, sites, open	13922
space and green space areas, utilities, or equipment to be used	13923
in, or in connection with the operation or maintenance of, or	13924
supplementing or otherwise related to the services or facilities	13925
to be provided by, such facilities.	13926

(4) "Cost of community or technical college capital	13927
facilities" means the costs of acquiring, constructing,	13928
reconstructing, rehabilitating, remodeling, renovating, enlarging,	13929
improving, equipping, or furnishing community or technical college	13930
capital facilities, and the financing thereof, including the cost	13931
of clearance and preparation of the site and of any land to be	13932
used in connection with community or technical college capital	13933
facilities, the cost of any indemnity and surety bonds and	13934
premiums on insurance, all related direct administrative expenses	13935
and allocable portions of direct costs of the commission and the	13936
issuing authority, community or technical college or community or	13937
technical college district, cost of engineering, architectural	13938
services, design, plans, specifications and surveys, estimates of	13939
cost, legal fees, fees and expenses of trustees, depositories,	13940
bond registrars, and paying agents for obligations, cost of	13941
issuance of obligations and financing costs and fees and expenses	13942
of financial advisers and consultants in connection therewith,	13943
interest on obligations from the date thereof to the time when	13944
interest is to be covered by available receipts or other sources	13945
other than proceeds of those obligations, amounts necessary to	13946
establish reserves as required by the bond proceedings, costs of	13947
audits, the reimbursements of all moneys advanced or applied by or	13948
borrowed from the community or technical college, community or	13949
technical college district, or others, from whatever source	13950
provided, including any temporary advances from state	13951
appropriations, for the payment of any item or items of cost of	13952
community or technical college facilities, and all other expenses	13953
necessary or incident to planning or determining feasibility or	13954
practicability with respect to such facilities, and such other	13955
expenses as may be necessary or incident to the acquisition,	13956
construction, reconstruction, rehabilitation, remodeling,	13957
renovation, enlargement, improvement, equipment, and furnishing of	13958
community or technical college capital facilities, the financing	13959
thereof and the placing of them in use and operation, including	13960
any one, part of, or combination of such classes of costs and	13961
expenses.	13962

(5) "Capital facilities" includes community or technical	13963
college capital facilities.	13964

(6) "Obligations" has the same meaning as in section 154.01	13965
or 3345.12 of the Revised Code, as the context requires.	13966

(B) The issuing authority is authorized to issue revenue	13967
obligations under Section 2i of Article VIII, Ohio Constitution,	13968
on behalf of a community or technical college district and shall	13969
cause the net proceeds thereof, after any deposits of accrued	13970
interest for the payment of bond service charges and after any	13971
deposit of all or such lesser portion as the issuing authority may	13972
direct of the premium received upon the sale of those obligations	13973
for the payment of the bond service charges, to be applied to the	13974
cost of community or technical college capital facilities,	13975
provided that the issuance of such obligations is subject to the	13976
execution of a written agreement in accordance with division (C)	13977
of section ~~3333.90~~3333.59 of the Revised Code for the withholding	13978
and depositing of funds otherwise due the district, or the college	13979
it operates, in respect of its allocated state share of	13980
instruction.	13981

(C) The bond service charges and all other payments required	13982
to be made by the trust agreement or indenture securing the	13983
obligations shall be payable solely from available community or	13984
technical college receipts pledged thereto as provided in the	13985
resolution. The available community or technical college receipts	13986
pledged and thereafter received by the commission are immediately	13987
subject to the lien of such pledge without any physical delivery	13988
thereof or further act, and the lien of any such pledge is valid	13989
and binding against all parties having claims of any kind against	13990
the authority, irrespective of whether those parties have notice	13991
thereof, and creates a perfected security interest for all	13992
purposes of Chapter 1309. of the Revised Code and a perfected lien	13993
for purposes of any real property interest, all without the	13994
necessity for separation or delivery of funds or for the filing or	13995
recording of the resolution, trust agreement, indenture, or other	13996
agreement by which such pledge is created or any certificate,	13997
statement, or other document with respect thereto; and the pledge	13998
of such available community or technical college receipts is	13999
effective and the money therefrom and thereof may be applied to	14000
the purposes for which pledged. Every pledge, and every covenant	14001
and agreement made with respect to the pledge, made in the	14002
resolution may therein be extended to the benefit of the owners	14003
and holders of obligations authorized by this section, and to any	14004
trustee therefor, for the further securing of the payment of the	14005
bond service charges, and all or any rights under any agreement or	14006
lease made under this section may be assigned for such purpose.	14007

(D) This section is to be applied with other applicable	14008
provisions of this chapter.	14009

Sec. 156.02. The executive director of ~~administrative~~	14010
~~services~~the Ohio facilities construction commission may contract	14011
with an energy or a water services company, architect,	14012
professional engineer, contractor, or other person experienced in	14013
the design and implementation of energy or water conservation	14014
measures for a report containing an analysis and recommendations	14015
pertaining to the implementation of energy or water conservation	14016
measures that result in energy, water, or wastewater cost savings,	14017
operating cost savings, or avoided capital costs for the	14018
institution. The report shall include estimates of all costs of	14019
such installations, including the costs of design, engineering,	14020
installation, maintenance, repairs, and debt service, and	14021
estimates of the energy, water, or wastewater cost savings,	14022
operating cost savings, and avoided capital costs created.	14023

Sec. 156.03. (A) If the executive director of ~~administrative~~	14024
~~services~~the Ohio facilities construction commission wishes to	14025
enter into an installment payment contract pursuant to section	14026
156.04 of the Revised Code or any other contract to implement one	14027
or more energy or water saving measures, the executive director	14028
may proceed under Chapter 153. of the Revised Code, or,	14029
alternatively, the executive director may request the controlling	14030
board to exempt the contract from Chapter 153. of the Revised	14031
Code.	14032

If the controlling board by a majority vote approves an	14033
exemption, that chapter shall not apply to the contract and	14034
instead the executive director shall request proposals from at	14035
least three parties for the implementation of the energy or water	14036
saving measures. Prior to providing any interested party a copy of	14037
any such request, the executive director shall advertise, in a	14038
newspaper of general circulation in the county where the contract	14039
is to be performed, and may advertise by electronic means pursuant	14040
to rules adopted by the executive director, the executive	14041
director's intent to request proposals for the implementation of	14042
the energy or water saving measures. The notice shall invite	14043
interested parties to submit proposals for consideration and shall	14044
be published at least thirty days prior to the date for accepting	14045
proposals.	14046

(B) Upon receiving the proposals, the executive director	14047
shall analyze them and, after considering the cost estimates of	14048
each proposal and the availability of funds to pay for each with	14049
current appropriations or by financing the cost of each through an	14050
installment payment contract under section 156.04 of the Revised	14051
Code, may select one or more proposals or reject all proposals. In	14052
selecting proposals, the executive director shall select the one	14053
or more proposals most likely to result in the greatest energy,	14054
water, or wastewater savings, operating costs savings, and avoided	14055
capital costs created.	14056

(C) No contract shall be awarded to implement energy or water	14057
saving measures under this section, unless the executive director	14058
finds that both of the following circumstances exists:	14059

(1) Not less than one-fifteenth of the costs of the contract	14060
shall be paid within two years from the date of purchase;	14061

(2) In the case of a contract for a cogeneration system	14062
described in division (B)(8) of section 156.01 of the Revised	14063
Code, the remaining balance of the cost of the contract shall be	14064
paid within twenty years from the date of purchase, and, in the	14065
case of all other contracts, fifteen years.	14066

Sec. 156.04. (A) In accordance with this section and section	14067
156.03 of the Revised Code, the executive director of	14068
~~administrative services~~the Ohio facilities construction	14069
commission may enter into an installment payment contract for the	14070
implementation of one or more energy or water saving measures. If	14071
the executive director wishes an installment payment contract to	14072
be exempted from Chapter 153. of the Revised Code, the executive	14073
director shall proceed pursuant to section 156.03 of the Revised	14074
Code.	14075

(B) Any installment payment contract under this section shall	14076
provide that all payments, except payments for repairs and	14077
obligations on termination of the contract prior to its	14078
expiration, are to be a stated percentage of calculated energy,	14079
water, or wastewater cost savings, operating costs, and avoided	14080
capital costs attributable to the one or more measures over a	14081
defined period of time and are to be made only to the extent that	14082
those calculated amounts actually occur. No such contract shall	14083
contain either of the following:	14084

(1) A requirement of any additional capital investment or	14085
contribution of funds, other than funds available from state or	14086
federal grants;	14087

(2) In the case of a contract for a cogeneration system	14088
described in division (B)(8) of section 156.01 of the Revised	14089
Code, a payment term longer than twenty years, and, in the case of	14090
all other contracts, a payment term longer than fifteen years.	14091

(C) Any installment payment contract entered into under this	14092
section shall terminate no later than the last day of the fiscal	14093
biennium for which funds have been appropriated to the ~~department~~	14094
~~of administrative services~~Ohio facilities construction commission	14095
by the general assembly and shall be renewed in each succeeding	14096
fiscal biennium in which any balance of the contract remains	14097
unpaid, provided that both an appropriation for that succeeding	14098
fiscal biennium and the certification required by section 126.07	14099
of the Revised Code are made.	14100

(D) Any installment payment contract entered into under this	14101
section shall be eligible for financing provided through the Ohio	14102
air quality development authority under Chapter 3706. of the	14103
Revised Code.	14104

Sec. 156.05. In accordance with Chapter 119. of the Revised	14105
Code, the executive director of ~~administrative services~~the Ohio	14106
facilities construction commission shall adopt, and enforce rules	14107
necessary to administer sections 156.01 to 156.04 of the Revised	14108
Code. Rules adopted under this section shall establish procedures	14109
by which the executive director may authorize in ~~his~~the executive	14110
director's stead the manager of any building owned by the state to	14111
enter into contracts authorized under sections 156.01 to 156.04 of	14112
the Revised Code.	14113

Sec. 164.27. (A) The clean Ohio conservation fund is hereby	14114
created in the state treasury. Seventy-five per cent of the net	14115
proceeds of obligations issued and sold by the issuing authority	14116
pursuant to sections 151.01 and 151.09 of the Revised Code shall	14117
be deposited into the fund. The fund also shall consist of money	14118
credited to it under section 151.50 of the Revised Code.	14119
Investment earnings of the fund shall be credited to the fund and	14120
may be used to pay costs incurred by the Ohio public works	14121
commission in administering sections 164.20 to 164.27 of the	14122
Revised Code. Moneys in the clean Ohio conservation fund shall be	14123
used to make grants to local political subdivisions and nonprofit	14124
organizations for projects that have been approved for grants	14125
under sections 164.20 to 164.27 of the Revised Code.	14126

The clean Ohio conservation fund shall be administered by the	14127
Ohio public works commission.	14128

(B) For the purpose of grants issued under sections 164.20 to	14129
164.27 of the Revised Code, moneys shall be allocated on an annual	14130
basis from the clean Ohio conservation fund to districts	14131
represented by natural resources assistance councils as follows:	14132

(1) Each district shall receive an amount that is equal to	14133
one-fourth of one per cent of the total annual amount allocated to	14134
all districts each year for each county that is represented by the	14135
district.	14136

(2) The remaining moneys shall be allocated to each district	14137
annually on a per capita basis.	14138

(C) A grant that is awarded under sections 164.20 to 164.27	14139
of the Revised Code may provide up to seventy-five per cent of the	14140
estimated cost of a project. Matching funds from a grant recipient	14141
may consist of contributions of money by any person, any local	14142
political subdivision, or the federal government or of	14143
contributions in-kind by such entities through the purchase or	14144
donation of equipment, land, easements, interest in land, labor,	14145
or materials necessary to complete the project.	14146

(D) The director of the Ohio public works commission shall	14147
notify the director of budget and management of the amounts	14148
allocated pursuant to this section, and that information shall be	14149
entered in the state accounting system. The director of budget and	14150
management may establish appropriate line items or other	14151
mechanisms that are needed to track the allocations.	14152

(E) Grants awarded under sections 164.20 to 164.27 of the	14153
Revised Code from the clean Ohio conservation fund shall be used	14154
by a local political subdivision or nonprofit organization only to	14155
pay the costs related to the purposes for which grants may be	14156
issued under section 164.22 of the Revised Code and shall not be	14157
used by a local political subdivision or nonprofit organization to	14158
pay any administrative costs incurred by the local political	14159
subdivision or nonprofit organization.	14160

Sec. 166.02. (A) The general assembly finds that many local	14161
areas throughout the state are experiencing economic stagnation or	14162
decline, and that the economic development programs provided for	14163
in this chapter will constitute deserved, necessary reinvestment	14164
by the state in those areas, materially contribute to their	14165
economic revitalization, and result in improving the economic	14166
welfare of all the people of the state. Accordingly, it is	14167
declared to be the public policy of the state, through the	14168
operations of this chapter and other applicable laws adopted	14169
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	14170
and other authority vested in the general assembly, to assist in	14171
and facilitate the establishment or development of eligible	14172
projects or assist and cooperate with any governmental agency in	14173
achieving such purpose.	14174

(B) In furtherance of such public policy and to implement	14175
such purpose, the director of development may:	14176

(1) After consultation with appropriate governmental	14177
agencies, enter into agreements with persons engaged in industry,	14178
commerce, distribution, or research and with governmental agencies	14179
to induce such persons to acquire, construct, reconstruct,	14180
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	14181
otherwise develop, eligible projects and make provision therein	14182
for project facilities and governmental actions, as authorized by	14183
this chapter and other applicable laws, subject to any required	14184
actions by the general assembly or the controlling board and	14185
subject to applicable local government laws and regulations;	14186

(2) Provide for the guarantees and loans as provided for in	14187
sections 166.06 and 166.07 of the Revised Code;	14188

(3) Subject to release of such moneys by the controlling	14189
board, contract for labor and materials needed for, or contract	14190
with others, including governmental agencies, to provide, project	14191
facilities the allowable costs of which are to be paid for or	14192
reimbursed from moneys in the facilities establishment fund, and	14193
contract for the operation of such project facilities;	14194

(4) Subject to release thereof by the controlling board, from	14195
moneys in the facilities establishment fund acquire or contract to	14196
acquire by gift, exchange, or purchase, including the obtaining	14197
and exercise of purchase options, property, and convey or	14198
otherwise dispose of, or provide for the conveyance or disposition	14199
of, property so acquired or contracted to be acquired by sale,	14200
exchange, lease, lease purchase, conditional or installment sale,	14201
transfer, or other disposition, including the grant of an option	14202
to purchase, to any governmental agency or to any other person	14203
without necessity for competitive bidding and upon such terms and	14204
conditions and manner of consideration pursuant to and as the	14205
director determines to be appropriate to satisfy the objectives of	14206
sections 166.01 to 166.11 of the Revised Code;	14207

(5) Retain the services of or employ financial consultants,	14208
appraisers, consulting engineers, superintendents, managers,	14209
construction and accounting experts, attorneys, and employees,	14210
agents, and independent contractors as are necessary in the	14211
director's judgment and fix the compensation for their services;	14212

(6) Receive and accept from any person grants, gifts, and	14213
contributions of money, property, labor, and other things of	14214
value, to be held, used and applied only for the purpose for which	14215
such grants, gifts, and contributions are made;	14216

(7) Enter into appropriate arrangements and agreements with	14217
any governmental agency for the taking or provision by that	14218
governmental agency of any governmental action;	14219

(8) Do all other acts and enter into contracts and execute	14220
all instruments necessary or appropriate to carry out the	14221
provisions of this chapter;	14222

(9) Adopt rules to implement any of the provisions of this	14223
chapter applicable to the director.	14224

(C) The determinations by the director that facilities	14225
constitute eligible projects, that facilities are project	14226
facilities, that costs of such facilities are allowable costs, and	14227
all other determinations relevant thereto or to an action taken or	14228
agreement entered into shall be conclusive for purposes of the	14229
validity and enforceability of rights of parties arising from	14230
actions taken and agreements entered into under this chapter.	14231

(D) Except as otherwise prescribed in this chapter, all	14232
expenses and obligations incurred by the director in carrying out	14233
the director's powers and in exercising the director's duties	14234
under this chapter, shall be payable solely from, as appropriate,	14235
moneys in the facilities establishment fund, the loan guarantee	14236
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	14237
loan fund, the research and development loan fund, the logistics	14238
and distribution infrastructure fund, ~~the logistics and~~	14239
~~distribution infrastructure taxable bond fund,~~ or moneys	14240
appropriated for such purpose by the general assembly. This	14241
chapter does not authorize the director or the issuing authority	14242
under section 166.08 of the Revised Code to incur bonded	14243
indebtedness of the state or any political subdivision thereof, or	14244
to obligate or pledge moneys raised by taxation for the payment of	14245
any bonds or notes issued or guarantees made pursuant to this	14246
chapter.	14247

(E) Any governmental agency may enter into an agreement with	14248
the director, any other governmental agency, or a person to be	14249
assisted under this chapter, to take or provide for the purposes	14250
of this chapter any governmental action it is authorized to take	14251
or provide, and to undertake on behalf and at the request of the	14252
director any action which the director is authorized to undertake	14253
pursuant to divisions (B)(3), (4), and (5) of this section or	14254
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	14255
Code. Governmental agencies of the state shall cooperate with and	14256
provide assistance to the director of development and the	14257
controlling board in the exercise of their respective functions	14258
under this chapter.	14259

Sec. 166.03. (A) There is hereby created the facilities	14260
establishment fund within the state treasury, consisting of	14261
proceeds from the issuance of obligations as specified under	14262
section 166.08 of the Revised Code; the moneys received by the	14263
state from the sources specified in section 166.09 of the Revised	14264
Code; service charges imposed under sections 166.06 and 166.07 of	14265
the Revised Code; any grants, gifts, or contributions of moneys	14266
received by the director of development services to be used for	14267
loans made under section 166.07 of the Revised Code or for the	14268
payment of the allowable costs of project facilities; and all	14269
other moneys appropriated or transferred to the fund. Moneys in	14270
the loan guarantee fund in excess of the loan guarantee reserve	14271
requirement, but subject to the provisions and requirements of any	14272
guarantee contracts, may be transferred to the facilities	14273
establishment fund by the treasurer of state upon the order of the	14274
director of development services. Moneys received by the state	14275
under Chapter 122. of the Revised Code, to the extent allocable to	14276
the utilization of moneys derived from proceeds of the sale of	14277
obligations pursuant to section 166.08 of the Revised Code, shall	14278
be credited to the facilities establishment fund. All investment	14279
earnings on the cash balance in the fund shall be credited to the	14280
fund.	14281

(B) All moneys appropriated or transferred to the facilities	14282
establishment fund may be released at the request of the director	14283
of development services for payment of allowable costs or the	14284
making of loans under section 166.07 of the Revised Code, for	14285
transfer to the loan guarantee fund established in section 166.06	14286
of the Revised Code, or for use for the purpose of or transfer to	14287
the funds established by sections 122.35, 122.42, 122.54, 122.55,	14288
122.56, 122.561, 122.57, 122.601, and 122.80 of the Revised Code	14289
and, until July 1, 2003, the fund established by section 166.031	14290
of the Revised Code, and, until July 1, 2007, the fund established	14291
by section 122.26 of the Revised Code, but only for such of those	14292
purposes as are within the authorization of Section 13 of Article	14293
VIII, Ohio Constitution, in all cases subject to the approval of	14294
the controlling board.	14295

(C) The ~~department of~~ development services agency, in the	14296
administration of the facilities establishment fund, is encouraged	14297
to utilize and promote the utilization of, to the maximum	14298
practicable extent, the other existing programs, business	14299
incentives, and tax incentives that department is required or	14300
authorized to administer or supervise.	14301

Sec. 166.04. (A) Prior to entering into each agreement to	14302
provide assistance under sections 166.02, 166.06, and 166.07 of	14303
the Revised Code, the director of development services shall	14304
determine whether the assistance will conform to the requirements	14305
of sections 166.01 to 166.11 of the Revised Code. Such	14306
determination, and the facts upon which it is based, shall be set	14307
forth, where required, by the director in submissions made to the	14308
controlling board when the director seeks a release of moneys	14309
under section 166.02 of the Revised Code. An agreement to provide	14310
assistance under sections 166.02, 166.06, and 166.07 of the	14311
Revised Code shall set forth such determination, which shall be	14312
conclusive for purposes of the validity and enforceability of such	14313
agreement and any loan guarantees, loans, or other agreements	14314
entered into pursuant to such agreement to provide assistance.	14315

(B) Whenever a person applies for financial assistance under	14316
sections 166.02, 166.06, and 166.07 of the Revised Code and the	14317
project for which assistance is requested is to relocate	14318
facilities that are currently being operated by the person and	14319
that are located in another county, municipal corporation, or	14320
township, the ~~director~~person shall provide written notification	14321
of the relocation to the appropriate local governmental bodies ~~and~~	14322
~~state officials~~. ~~The~~Prior to entering into an agreement to	14323
provide the assistance, the director shall verify that such	14324
notification ~~shall contain the following information:~~	14325

~~(1) The name of the person applying for financial assistance;~~

14326

~~(2) The county, and the municipal corporation or township, in~~	14327
~~which the project for which assistance is requested is located;~~	14328
~~and~~	14329

~~(3) The county, and the municipal corporation or township, in~~	14330
~~which the facility to be replaced is located~~has been provided.	14331

14332

~~(1)~~, "~~Appropriate~~appropriate local governmental bodies"	14333
means:	14334

~~(a)~~(1) The ~~boards~~board of county commissioners or	14335
legislative ~~authorities~~authority of the county in which the	14336
~~project for which assistance is requested is located and of the~~	14337
~~county in which the~~ facility to be replaced is located;	14338

~~(b)~~(2) The legislative authority of the municipal corporation	14339
or the board of township trustees of the township in which the	14340
~~project for which assistance is requested is located; and~~	14341

~~(c) The legislative authority of the municipal corporation or~~	14342
~~the board of township trustees of the township in which the~~	14343
facility to be replaced is located.	14344

~~(2) "State officials" means:~~

14345

~~(a) The state representative and state senator in whose~~	14346
~~districts the project for which assistance is requested is~~	14347
~~located;~~	14348

~~(b) The state representative and state senator in whose~~	14349
~~districts the facility to be replaced is located.~~	14350

Sec. 166.08. (A) As used in this chapter:

14351

(1) "Bond proceedings" means the resolution, order, trust	14352
agreement, indenture, lease, and other agreements, amendments and	14353
supplements to the foregoing, or any one or more or combination	14354
thereof, authorizing or providing for the terms and conditions	14355
applicable to, or providing for the security or liquidity of,	14356
obligations issued pursuant to this section, and the provisions	14357
contained in such obligations.	14358

(2) "Bond service charges" means principal, including	14359
mandatory sinking fund requirements for retirement of obligations,	14360
and interest, and redemption premium, if any, required to be paid	14361
by the state on obligations.	14362

(3) "Bond service fund" means the applicable fund and	14363
accounts therein created for and pledged to the payment of bond	14364
service charges, which may be, or may be part of, the economic	14365
development bond service fund created by division (S) of this	14366
section including all moneys and investments, and earnings from	14367
investments, credited and to be credited thereto.	14368

(4) "Issuing authority" means the treasurer of state, or the	14369
officer who by law performs the functions of such officer.	14370

(5) "Obligations" means bonds, notes, or other evidence of	14371
obligation including interest coupons pertaining thereto, issued	14372
pursuant to this section.	14373

(6) "Pledged receipts" means all receipts of the state	14374
representing the gross profit on the sale of spirituous liquor, as	14375
referred to in division (B)(4) of section 4301.10 of the Revised	14376
Code, after paying all costs and expenses of the division of	14377
liquor control and providing an adequate working capital reserve	14378
for the division of liquor control as provided in that division,	14379
but excluding the sum required by the second paragraph of section	14380
4301.12 of the Revised Code, as in effect on May 2, 1980, to be	14381
paid into the state treasury; moneys accruing to the state from	14382
the lease, sale, or other disposition, or use, of project	14383
facilities, and from the repayment, including interest, of loans	14384
made from proceeds received from the sale of obligations; accrued	14385
interest received from the sale of obligations; income from the	14386
investment of the special funds; and any gifts, grants, donations,	14387
and pledges, and receipts therefrom, available for the payment of	14388
bond service charges.	14389

(7) "Special funds" or "funds" means, except where the	14390
context does not permit, the bond service fund, and any other	14391
funds, including reserve funds, created under the bond	14392
proceedings, and the economic development bond service fund	14393
created by division (S) of this section to the extent provided in	14394
the bond proceedings, including all moneys and investments, and	14395
earnings from investment, credited and to be credited thereto.	14396

(B) Subject to the limitations provided in section 166.11 of	14397
the Revised Code, the issuing authority, upon the certification by	14398
the director of development or, with respect to eligible advanced	14399
energy projects, the Ohio air quality development authority to the	14400
issuing authority of the amount of moneys or additional moneys	14401
needed in the facilities establishment fund, the loan guarantee	14402
fund, the innovation Ohio loan fund, the innovation Ohio loan	14403
guarantee fund, the research and development loan fund, the	14404
logistics and distribution infrastructure fund, ~~the logistics and~~	14405
~~distribution infrastructure taxable bond fund,~~ the advanced energy	14406
research and development fund, or the advanced energy research and	14407
development taxable fund, as applicable, for the purpose of	14408
paying, or making loans for, allowable costs from the facilities	14409
establishment fund, allowable innovation costs from the innovation	14410
Ohio loan fund, allowable costs from the research and development	14411
loan fund, allowable costs from the logistics and distribution	14412
infrastructure fund, ~~allowable costs from the logistics and~~	14413
~~distribution infrastructure taxable bond fund,~~ allowable costs	14414
from the advanced energy research and development fund, or	14415
allowable costs from the advanced energy research and development	14416
taxable fund, as applicable, or needed for capitalized interest,	14417
for funding reserves, and for paying costs and expenses incurred	14418
in connection with the issuance, carrying, securing, paying,	14419
redeeming, or retirement of the obligations or any obligations	14420
refunded thereby, including payment of costs and expenses relating	14421
to letters of credit, lines of credit, insurance, put agreements,	14422
standby purchase agreements, indexing, marketing, remarketing and	14423
administrative arrangements, interest swap or hedging agreements,	14424
and any other credit enhancement, liquidity, remarketing, renewal,	14425
or refunding arrangements, all of which are authorized by this	14426
section, or providing moneys for the loan guarantee fund or the	14427
innovation Ohio loan guarantee fund, as provided in this chapter	14428
or needed for the purposes of funds established in accordance with	14429
or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56,	14430
122.561, 122.57, and 122.80 of the Revised Code which are within	14431
the authorization of Section 13 of Article VIII, Ohio	14432
Constitution, or, with respect to certain eligible advanced energy	14433
projects, Section 2p of Article VIII, Ohio Constitution, shall	14434
issue obligations of the state under this section in the required	14435
amount; provided that such obligations may be issued to satisfy	14436
the covenants in contracts of guarantee made under section 166.06	14437
or 166.15 of the Revised Code, notwithstanding limitations	14438
otherwise applicable to the issuance of obligations under this	14439
section. The proceeds of such obligations, except for the portion	14440
to be deposited in special funds, including reserve funds, as may	14441
be provided in the bond proceedings, shall as provided in the bond	14442
proceedings be deposited by the director of development to the	14443
facilities establishment fund, the loan guarantee fund, the	14444
innovation Ohio loan guarantee fund, the innovation Ohio loan	14445
fund, the research and development loan fund, or the logistics and	14446
distribution infrastructure fund, ~~or the logistics and~~	14447
~~distribution infrastructure taxable bond fund,~~ or be deposited by	14448
the Ohio air quality development authority to the advanced energy	14449
research and development fund or the advanced energy research and	14450
development taxable fund. Bond proceedings for project financing	14451
obligations may provide that the proceeds derived from the	14452
issuance of such obligations shall be deposited into such fund or	14453
funds provided for in the bond proceedings and, to the extent	14454
provided for in the bond proceedings, such proceeds shall be	14455
deemed to have been deposited into the facilities establishment	14456
fund and transferred to such fund or funds. The issuing authority	14457
may appoint trustees, paying agents, and transfer agents and may	14458
retain the services of financial advisors, accounting experts, and	14459
attorneys, and retain or contract for the services of marketing,	14460
remarketing, indexing, and administrative agents, other	14461
consultants, and independent contractors, including printing	14462
services, as are necessary in the issuing authority's judgment to	14463
carry out this section. The costs of such services are allowable	14464
costs payable from the facilities establishment fund or the	14465
research and development loan fund, allowable innovation costs	14466
payable from the innovation Ohio loan fund, or allowable costs	14467
payable from the logistics and distribution infrastructure fund,	14468
~~the logistics and distribution infrastructure taxable bond fund,~~	14469
the advanced energy research and development fund, or the advanced	14470
energy research and development taxable fund, as applicable.	14471

(C) The holders or owners of such obligations shall have no	14472
right to have moneys raised by taxation obligated or pledged, and	14473
moneys raised by taxation shall not be obligated or pledged, for	14474
the payment of bond service charges. Such holders or owners shall	14475
have no rights to payment of bond service charges from any moneys	14476
accruing to the state from the lease, sale, or other disposition,	14477
or use, of project facilities, or from payment of the principal of	14478
or interest on loans made, or fees charged for guarantees made, or	14479
from any money or property received by the director, treasurer of	14480
state, or the state under Chapter 122. of the Revised Code, or	14481
from any other use of the proceeds of the sale of the obligations,	14482
and no such moneys may be used for the payment of bond service	14483
charges, except for accrued interest, capitalized interest, and	14484
reserves funded from proceeds received upon the sale of the	14485
obligations and except as otherwise expressly provided in the	14486
applicable bond proceedings pursuant to written directions by the	14487
director. The right of such holders and owners to payment of bond	14488
service charges is limited to all or that portion of the pledged	14489
receipts and those special funds pledged thereto pursuant to the	14490
bond proceedings in accordance with this section, and each such	14491
obligation shall bear on its face a statement to that effect.	14492

(D) Obligations shall be authorized by resolution or order of	14493
the issuing authority and the bond proceedings shall provide for	14494
the purpose thereof and the principal amount or amounts, and shall	14495
provide for or authorize the manner or agency for determining the	14496
principal maturity or maturities, not exceeding twenty-five years	14497
from the date of issuance, the interest rate or rates or the	14498
maximum interest rate, the date of the obligations and the dates	14499
of payment of interest thereon, their denomination, and the	14500
establishment within or without the state of a place or places of	14501
payment of bond service charges. Sections 9.98 to 9.983 of the	14502
Revised Code are applicable to obligations issued under this	14503
section, subject to any applicable limitation under section 166.11	14504
of the Revised Code. The purpose of such obligations may be stated	14505
in the bond proceedings in terms describing the general purpose or	14506
purposes to be served. The bond proceedings also shall provide,	14507
subject to the provisions of any other applicable bond	14508
proceedings, for the pledge of all, or such part as the issuing	14509
authority may determine, of the pledged receipts and the	14510
applicable special fund or funds to the payment of bond service	14511
charges, which pledges may be made either prior or subordinate to	14512
other expenses, claims, or payments, and may be made to secure the	14513
obligations on a parity with obligations theretofore or thereafter	14514
issued, if and to the extent provided in the bond proceedings. The	14515
pledged receipts and special funds so pledged and thereafter	14516
received by the state are immediately subject to the lien of such	14517
pledge without any physical delivery thereof or further act, and	14518
the lien of any such pledges is valid and binding against all	14519
parties having claims of any kind against the state or any	14520
governmental agency of the state, irrespective of whether such	14521
parties have notice thereof, and shall create a perfected security	14522
interest for all purposes of Chapter 1309. of the Revised Code,	14523
without the necessity for separation or delivery of funds or for	14524
the filing or recording of the bond proceedings by which such	14525
pledge is created or any certificate, statement or other document	14526
with respect thereto; and the pledge of such pledged receipts and	14527
special funds is effective and the money therefrom and thereof may	14528
be applied to the purposes for which pledged without necessity for	14529
any act of appropriation. Every pledge, and every covenant and	14530
agreement made with respect thereto, made in the bond proceedings	14531
may therein be extended to the benefit of the owners and holders	14532
of obligations authorized by this section, and to any trustee	14533
therefor, for the further security of the payment of the bond	14534
service charges.	14535

(E) The bond proceedings may contain additional provisions as	14536
to:	14537

(1) The redemption of obligations prior to maturity at the	14538
option of the issuing authority at such price or prices and under	14539
such terms and conditions as are provided in the bond proceedings;	14540

(2) Other terms of the obligations;

14541

(3) Limitations on the issuance of additional obligations;

14542

(4) The terms of any trust agreement or indenture securing	14543
the obligations or under which the same may be issued;	14544

(5) The deposit, investment and application of special funds,	14545
and the safeguarding of moneys on hand or on deposit, without	14546
regard to Chapter 131. or 135. of the Revised Code, but subject to	14547
any special provisions of this chapter, with respect to particular	14548
funds or moneys, provided that any bank or trust company which	14549
acts as depository of any moneys in the special funds may furnish	14550
such indemnifying bonds or may pledge such securities as required	14551
by the issuing authority;	14552

(6) Any or every provision of the bond proceedings being	14553
binding upon such officer, board, commission, authority, agency,	14554
department, or other person or body as may from time to time have	14555
the authority under law to take such actions as may be necessary	14556
to perform all or any part of the duty required by such provision;	14557

(7) Any provision that may be made in a trust agreement or	14558
indenture;	14559

(8) Any other or additional agreements with the holders of	14560
the obligations, or the trustee therefor, relating to the	14561
obligations or the security therefor, including the assignment of	14562
mortgages or other security obtained or to be obtained for loans	14563
under section 122.43, 166.07, or 166.16 of the Revised Code.	14564

(F) The obligations may have the great seal of the state or a	14565
facsimile thereof affixed thereto or printed thereon. The	14566
obligations and any coupons pertaining to obligations shall be	14567
signed or bear the facsimile signature of the issuing authority.	14568
Any obligations or coupons may be executed by the person who, on	14569
the date of execution, is the proper issuing authority although on	14570
the date of such bonds or coupons such person was not the issuing	14571
authority. If the issuing authority whose signature or a facsimile	14572
of whose signature appears on any such obligation or coupon ceases	14573
to be the issuing authority before delivery thereof, such	14574
signature or facsimile is nevertheless valid and sufficient for	14575
all purposes as if the former issuing authority had remained the	14576
issuing authority until such delivery; and if the seal to be	14577
affixed to obligations has been changed after a facsimile of the	14578
seal has been imprinted on such obligations, such facsimile seal	14579
shall continue to be sufficient as to such obligations and	14580
obligations issued in substitution or exchange therefor.	14581

(G) All obligations are negotiable instruments and securities	14582
under Chapter 1308. of the Revised Code, subject to the provisions	14583
of the bond proceedings as to registration. The obligations may be	14584
issued in coupon or in registered form, or both, as the issuing	14585
authority determines. Provision may be made for the registration	14586
of any obligations with coupons attached thereto as to principal	14587
alone or as to both principal and interest, their exchange for	14588
obligations so registered, and for the conversion or reconversion	14589
into obligations with coupons attached thereto of any obligations	14590
registered as to both principal and interest, and for reasonable	14591
charges for such registration, exchange, conversion, and	14592
reconversion.	14593

(H) Obligations may be sold at public sale or at private	14594
sale, as determined in the bond proceedings.	14595

Obligations issued to provide moneys for the loan guarantee	14596
fund or the innovation Ohio loan guarantee fund may, as determined	14597
by the issuing authority, be sold at private sale, and without	14598
publication of a notice of sale.	14599

(I) Pending preparation of definitive obligations, the	14600
issuing authority may issue interim receipts or certificates which	14601
shall be exchanged for such definitive obligations.	14602

(J) In the discretion of the issuing authority, obligations	14603
may be secured additionally by a trust agreement or indenture	14604
between the issuing authority and a corporate trustee which may be	14605
any trust company or bank having a place of business within the	14606
state. Any such agreement or indenture may contain the resolution	14607
or order authorizing the issuance of the obligations, any	14608
provisions that may be contained in any bond proceedings, and	14609
other provisions which are customary or appropriate in an	14610
agreement or indenture of such type, including, but not limited	14611
to:	14612

(1) Maintenance of each pledge, trust agreement, indenture,	14613
or other instrument comprising part of the bond proceedings until	14614
the state has fully paid the bond service charges on the	14615
obligations secured thereby, or provision therefor has been made;	14616

(2) In the event of default in any payments required to be	14617
made by the bond proceedings, or any other agreement of the	14618
issuing authority made as a part of the contract under which the	14619
obligations were issued, enforcement of such payments or agreement	14620
by mandamus, the appointment of a receiver, suit in equity, action	14621
at law, or any combination of the foregoing;	14622

(3) The rights and remedies of the holders of obligations and	14623
of the trustee, and provisions for protecting and enforcing them,	14624
including limitations on rights of individual holders of	14625
obligations;	14626

(4) The replacement of any obligations that become mutilated	14627
or are destroyed, lost, or stolen;	14628

(5) Such other provisions as the trustee and the issuing	14629
authority agree upon, including limitations, conditions, or	14630
qualifications relating to any of the foregoing.	14631

(K) Any holders of obligations or trustees under the bond	14632
proceedings, except to the extent that their rights are restricted	14633
by the bond proceedings, may by any suitable form of legal	14634
proceedings, protect and enforce any rights under the laws of this	14635
state or granted by such bond proceedings. Such rights include the	14636
right to compel the performance of all duties of the issuing	14637
authority, the director of development, the Ohio air quality	14638
development authority, or the division of liquor control required	14639
by this chapter or the bond proceedings; to enjoin unlawful	14640
activities; and in the event of default with respect to the	14641
payment of any bond service charges on any obligations or in the	14642
performance of any covenant or agreement on the part of the	14643
issuing authority, the director of development, the Ohio air	14644
quality development authority, or the division of liquor control	14645
in the bond proceedings, to apply to a court having jurisdiction	14646
of the cause to appoint a receiver to receive and administer the	14647
pledged receipts and special funds, other than those in the	14648
custody of the treasurer of state, which are pledged to the	14649
payment of the bond service charges on such obligations or which	14650
are the subject of the covenant or agreement, with full power to	14651
pay, and to provide for payment of bond service charges on, such	14652
obligations, and with such powers, subject to the direction of the	14653
court, as are accorded receivers in general equity cases,	14654
excluding any power to pledge additional revenues or receipts or	14655
other income or moneys of the issuing authority or the state or	14656
governmental agencies of the state to the payment of such	14657
principal and interest and excluding the power to take possession	14658
of, mortgage, or cause the sale or otherwise dispose of any	14659
project facilities.	14660

Each duty of the issuing authority and the issuing	14661
authority's officers and employees, and of each governmental	14662
agency and its officers, members, or employees, undertaken	14663
pursuant to the bond proceedings or any agreement or lease,	14664
lease-purchase agreement, or loan made under authority of this	14665
chapter, and in every agreement by or with the issuing authority,	14666
is hereby established as a duty of the issuing authority, and of	14667
each such officer, member, or employee having authority to perform	14668
such duty, specifically enjoined by the law resulting from an	14669
office, trust, or station within the meaning of section 2731.01 of	14670
the Revised Code.	14671

The person who is at the time the issuing authority, or the	14672
issuing authority's officers or employees, are not liable in their	14673
personal capacities on any obligations issued by the issuing	14674
authority or any agreements of or with the issuing authority.	14675

(L) The issuing authority may authorize and issue obligations	14676
for the refunding, including funding and retirement, and advance	14677
refunding with or without payment or redemption prior to maturity,	14678
of any obligations previously issued by the issuing authority.	14679
Such obligations may be issued in amounts sufficient for payment	14680
of the principal amount of the prior obligations, any redemption	14681
premiums thereon, principal maturities of any such obligations	14682
maturing prior to the redemption of the remaining obligations on a	14683
parity therewith, interest accrued or to accrue to the maturity	14684
dates or dates of redemption of such obligations, and any	14685
allowable costs including expenses incurred or to be incurred in	14686
connection with such issuance and such refunding, funding, and	14687
retirement. Subject to the bond proceedings therefor, the portion	14688
of proceeds of the sale of obligations issued under this division	14689
to be applied to bond service charges on the prior obligations	14690
shall be credited to an appropriate account held by the trustee	14691
for such prior or new obligations or to the appropriate account in	14692
the bond service fund for such obligations. Obligations authorized	14693
under this division shall be deemed to be issued for those	14694
purposes for which such prior obligations were issued and are	14695
subject to the provisions of this section pertaining to other	14696
obligations, except as otherwise provided in this section;	14697
provided that, unless otherwise authorized by the general	14698
assembly, any limitations imposed by the general assembly pursuant	14699
to this section with respect to bond service charges applicable to	14700
the prior obligations shall be applicable to the obligations	14701
issued under this division to refund, fund, advance refund or	14702
retire such prior obligations.	14703

(M) The authority to issue obligations under this section	14704
includes authority to issue obligations in the form of bond	14705
anticipation notes and to renew the same from time to time by the	14706
issuance of new notes. The holders of such notes or interest	14707
coupons pertaining thereto shall have a right to be paid solely	14708
from the pledged receipts and special funds that may be pledged to	14709
the payment of the bonds anticipated, or from the proceeds of such	14710
bonds or renewal notes, or both, as the issuing authority provides	14711
in the resolution or order authorizing such notes. Such notes may	14712
be additionally secured by covenants of the issuing authority to	14713
the effect that the issuing authority and the state will do such	14714
or all things necessary for the issuance of such bonds or renewal	14715
notes in appropriate amount, and apply the proceeds thereof to the	14716
extent necessary, to make full payment of the principal of and	14717
interest on such notes at the time or times contemplated, as	14718
provided in such resolution or order. For such purpose, the	14719
issuing authority may issue bonds or renewal notes in such	14720
principal amount and upon such terms as may be necessary to	14721
provide funds to pay when required the principal of and interest	14722
on such notes, notwithstanding any limitations prescribed by or	14723
for purposes of this section. Subject to this division, all	14724
provisions for and references to obligations in this section are	14725
applicable to notes authorized under this division.	14726

The issuing authority in the bond proceedings authorizing the	14727
issuance of bond anticipation notes shall set forth for such bonds	14728
an estimated interest rate and a schedule of principal payments	14729
for such bonds and the annual maturity dates thereof, and for	14730
purposes of any limitation on bond service charges prescribed	14731
under division (A) of section 166.11 of the Revised Code, the	14732
amount of bond service charges on such bond anticipation notes is	14733
deemed to be the bond service charges for the bonds anticipated	14734
thereby as set forth in the bond proceedings applicable to such	14735
notes, but this provision does not modify any authority in this	14736
section to pledge receipts and special funds to, and covenant to	14737
issue bonds to fund, the payment of principal of and interest and	14738
any premium on such notes.	14739

(N) Obligations issued under this section are lawful	14740
investments for banks, societies for savings, savings and loan	14741
associations, deposit guarantee associations, trust companies,	14742
trustees, fiduciaries, insurance companies, including domestic for	14743
life and domestic not for life, trustees or other officers having	14744
charge of sinking and bond retirement or other special funds of	14745
political subdivisions and taxing districts of this state, the	14746
commissioners of the sinking fund of the state, the administrator	14747
of workers' compensation, the state teachers retirement system,	14748
the public employees retirement system, the school employees	14749
retirement system, and the Ohio police and fire pension fund,	14750
notwithstanding any other provisions of the Revised Code or rules	14751
adopted pursuant thereto by any governmental agency of the state	14752
with respect to investments by them, and are also acceptable as	14753
security for the deposit of public moneys.	14754

(O) Unless otherwise provided in any applicable bond	14755
proceedings, moneys to the credit of or in the special funds	14756
established by or pursuant to this section may be invested by or	14757
on behalf of the issuing authority only in notes, bonds, or other	14758
obligations of the United States, or of any agency or	14759
instrumentality of the United States, obligations guaranteed as to	14760
principal and interest by the United States, obligations of this	14761
state or any political subdivision of this state, and certificates	14762
of deposit of any national bank located in this state and any	14763
bank, as defined in section 1101.01 of the Revised Code, subject	14764
to inspection by the superintendent of banks. If the law or the	14765
instrument creating a trust pursuant to division (J) of this	14766
section expressly permits investment in direct obligations of the	14767
United States or an agency of the United States, unless expressly	14768
prohibited by the instrument, such moneys also may be invested in	14769
no-front-end-load money market mutual funds consisting exclusively	14770
of obligations of the United States or an agency of the United	14771
States and in repurchase agreements, including those issued by the	14772
fiduciary itself, secured by obligations of the United States or	14773
an agency of the United States; and in common trust funds	14774
established in accordance with section 1111.20 of the Revised Code	14775
and consisting exclusively of any such securities, notwithstanding	14776
division (A)(4) of that section. The income from such investments	14777
shall be credited to such funds as the issuing authority	14778
determines, and such investments may be sold at such times as the	14779
issuing authority determines or authorizes.	14780

(P) Provision may be made in the applicable bond proceedings	14781
for the establishment of separate accounts in the bond service	14782
fund and for the application of such accounts only to the	14783
specified bond service charges on obligations pertinent to such	14784
accounts and bond service fund and for other accounts therein	14785
within the general purposes of such fund. Unless otherwise	14786
provided in any applicable bond proceedings, moneys to the credit	14787
of or in the several special funds established pursuant to this	14788
section shall be disbursed on the order of the treasurer of state,	14789
provided that no such order is required for the payment from the	14790
bond service fund when due of bond service charges on obligations.	14791

(Q) The issuing authority may pledge all, or such portion as	14792
the issuing authority determines, of the pledged receipts to the	14793
payment of bond service charges on obligations issued under this	14794
section, and for the establishment and maintenance of any	14795
reserves, as provided in the bond proceedings, and make other	14796
provisions therein with respect to pledged receipts as authorized	14797
by this chapter, which provisions are controlling notwithstanding	14798
any other provisions of law pertaining thereto.	14799

(R) The issuing authority may covenant in the bond	14800
proceedings, and any such covenants are controlling	14801
notwithstanding any other provision of law, that the state and	14802
applicable officers and governmental agencies of the state,	14803
including the general assembly, so long as any obligations are	14804
outstanding, shall:	14805

(1) Maintain statutory authority for and cause to be charged	14806
and collected wholesale and retail prices for spirituous liquor	14807
sold by the state or its agents so that the pledged receipts are	14808
sufficient in amount to meet bond service charges, and the	14809
establishment and maintenance of any reserves and other	14810
requirements provided for in the bond proceedings, and, as	14811
necessary, to meet covenants contained in contracts of guarantee	14812
made under section 166.06 of the Revised Code;	14813

(2) Take or permit no action, by statute or otherwise, that	14814
would impair the exemption from federal income taxation of the	14815
interest on the obligations.	14816

(S) There is hereby created the economic development bond	14817
service fund, which shall be in the custody of the treasurer of	14818
state but shall be separate and apart from and not a part of the	14819
state treasury. All moneys received by or on account of the	14820
issuing authority or state agencies and required by the applicable	14821
bond proceedings, consistent with this section, to be deposited,	14822
transferred, or credited to a bond service fund or the economic	14823
development bond service fund, and all other moneys transferred or	14824
allocated to or received for the purposes of the fund, shall be	14825
deposited and credited to such fund and to any separate accounts	14826
therein, subject to applicable provisions of the bond proceedings,	14827
but without necessity for any act of appropriation. During the	14828
period beginning with the date of the first issuance of	14829
obligations and continuing during such time as any such	14830
obligations are outstanding, and so long as moneys in the	14831
pertinent bond service funds are insufficient to pay all bond	14832
services charges on such obligations becoming due in each year, a	14833
sufficient amount of the gross profit on the sale of spirituous	14834
liquor included in pledged receipts are committed and shall be	14835
paid to the bond service fund or economic development bond service	14836
fund in each year for the purpose of paying the bond service	14837
charges becoming due in that year without necessity for further	14838
act of appropriation for such purpose and notwithstanding anything	14839
to the contrary in Chapter 4301. of the Revised Code. The economic	14840
development bond service fund is a trust fund and is hereby	14841
pledged to the payment of bond service charges to the extent	14842
provided in the applicable bond proceedings, and payment thereof	14843
from such fund shall be made or provided for by the treasurer of	14844
state in accordance with such bond proceedings without necessity	14845
for any act of appropriation.	14846

(T) The obligations, the transfer thereof, and the income	14847
therefrom, including any profit made on the sale thereof, shall at	14848
all times be free from taxation within the state.	14849

Sec. 166.25. (A) The director of development services, with	14850
the approval of the controlling board and subject to the other	14851
applicable provisions of this chapter, may lend money in the	14852
logistics and distribution infrastructure fund ~~and the logistics~~	14853
~~and distribution infrastructure taxable bond fund~~ to persons for	14854
the purpose of paying allowable costs of eligible logistics and	14855
distribution projects.	14856

(B) In determining the eligible logistics and distribution	14857
projects to be assisted and the nature, amount, and terms of	14858
assistance to be provided for an eligible logistics and	14859
distribution project, the director shall consult with appropriate	14860
governmental agencies, including the department of transportation	14861
and the Ohio rail development commission.	14862

(C) Any loan made pursuant to this section shall be evidenced	14863
by a loan agreement, which shall contain such terms as the	14864
director determines necessary or appropriate, including	14865
performance measures and reporting requirements. The director may	14866
take actions necessary or appropriate to collect or otherwise deal	14867
with any loan made under this section, including requiring a loan	14868
recipient to repay the amount of the loan plus interest at a rate	14869
of three per cent above the federal short term interest rate or	14870
any other rate determined by the director.	14871

Sec. 169.02. Subject to division (B) of section 169.01 of	14872
the Revised Code, the following constitute unclaimed funds:	14873

(A) Except as provided in division (R) of this section, any	14874
demand, savings, or matured time deposit account, or matured	14875
certificate of deposit, together with any interest or dividend on	14876
it, less any lawful claims, that is held or owed by a holder which	14877
is a financial organization, unclaimed for a period of five years;	14878

(B) Any funds paid toward the purchase of withdrawable shares	14879
or other interest in a financial organization, and any interest or	14880
dividends on them, less any lawful claims, that is held or owed by	14881
a holder which is a financial organization, unclaimed for a period	14882
of five years;	14883

(C) Except as provided in division (A) of section 3903.45 of	14884
the Revised Code, moneys held or owed by a holder, including a	14885
fraternal association, providing life insurance, including annuity	14886
or endowment coverage, unclaimed for three years after becoming	14887
payable as established from the records of such holder under any	14888
life or endowment insurance policy or annuity contract that has	14889
matured or terminated. An insurance policy, the proceeds of which	14890
are payable on the death of the insured, not matured by proof of	14891
death of the insured is deemed matured and the proceeds payable if	14892
such policy was in force when the insured attained the limiting	14893
age under the mortality table on which the reserve is based.	14894

Moneys otherwise payable according to the records of such	14895
holder are deemed payable although the policy or contract has not	14896
been surrendered as required.	14897

(D) Any deposit made to secure payment or any sum paid in	14898
advance for utility services of a public utility and any amount	14899
refundable from rates or charges collected by a public utility for	14900
utility services held or owed by a holder, less any lawful claims,	14901
that has remained unclaimed for one year after the termination of	14902
the services for which the deposit or advance payment was made or	14903
one year from the date the refund was payable, whichever is	14904
earlier;	14905

(E) Except as provided in division (R) of this section, any	14906
certificates, securities as defined in section 1707.01 of the	14907
Revised Code, nonwithdrawable shares, other instruments evidencing	14908
ownership, or rights to them or funds paid toward the purchase of	14909
them, or any dividend, capital credit, profit, distribution,	14910
interest, or payment on principal or other sum, held or owed by a	14911
holder, including funds deposited with a fiscal agent or fiduciary	14912
for payment of them, and instruments representing an ownership	14913
interest, unclaimed for five years. Any underlying share or other	14914
intangible instrument representing an ownership interest in a	14915
business association, in which the issuer has recorded on its	14916
books the issuance of the share but has been unable to deliver the	14917
certificate to the shareholder, constitutes unclaimed funds if	14918
such underlying share is unclaimed for five years. In addition, an	14919
underlying share constitutes unclaimed funds if a dividend,	14920
distribution, or other sum payable as a result of the underlying	14921
share has remained unclaimed by the owner for five years.	14922

This division shall not prejudice the rights of fiscal agents	14923
or fiduciaries for payment to return the items described in this	14924
division to their principals, according to the terms of an agency	14925
or fiduciary agreement, but such a return shall constitute the	14926
principal as the holder of the items and shall not interrupt the	14927
period for computing the time for which the items have remained	14928
unclaimed.	14929

In the case of any such funds accruing and held or owed by a	14930
corporation under division (E) of section 1701.24 of the Revised	14931
Code, such corporation shall comply with this chapter, subject to	14932
the limitation contained in section 1701.34 of the Revised Code.	14933
The period of time for which such funds have gone unclaimed	14934
specified in section 1701.34 of the Revised Code shall be	14935
computed, with respect to dividends or distributions, commencing	14936
as of the dates when such dividends or distributions would have	14937
been payable to the shareholder had such shareholder surrendered	14938
the certificates for cancellation and exchange by the date	14939
specified in the order relating to them.	14940

Capital credits of a cooperative which after January 1, 1972,	14941
have been allocated to members and which by agreement are	14942
expressly required to be paid if claimed after death of the owner	14943
are deemed payable, for the purpose of this chapter, fifteen years	14944
after either the termination of service by the cooperative to the	14945
owner or upon the nonactivity as provided in division (B) of	14946
section 169.01 of the Revised Code, whichever occurs later,	14947
provided that this provision does not apply if the payment is not	14948
mandatory.	14949

(F) Any sum payable on certified checks or other written	14950
instruments certified or issued and representing funds held or	14951
owed by a holder, less any lawful claims, that are unclaimed for	14952
five years from the date payable or from the date of issuance if	14953
payable on demand; except that the unclaimed period for money	14954
orders that are not third party bank checks is seven years, and	14955
the unclaimed period for traveler's checks is fifteen years, from	14956
the date payable or from the date of issuance if payable on	14957
demand.	14958

As used in this division, "written instruments" include, but	14959
are not limited to, certified checks, cashier's checks, bills of	14960
exchange, letters of credit, drafts, money orders, and traveler's	14961
checks.	14962

If there is no address of record for the owner or other	14963
person entitled to the funds, such address is presumed to be the	14964
address where the instrument was certified or issued.	14965

(G) Except as provided in division (R) of this section, all	14966
moneys, rights to moneys, or other intangible property, arising	14967
out of the business of engaging in the purchase or sale of	14968
securities, or otherwise dealing in intangibles, less any lawful	14969
claims, that are held or owed by a holder and are unclaimed for	14970
five years from the date of transaction.	14971

(H) Except as provided in division (A) of section 3903.45 of	14972
the Revised Code, all moneys, rights to moneys, and other	14973
intangible property distributable in the course of dissolution or	14974
liquidation of a holder that are unclaimed for one year after the	14975
date set by the holder for distribution;	14976

(I) All moneys, rights to moneys, or other intangible	14977
property removed from a safe-deposit box or other safekeeping	14978
repository located in this state or removed from a safe-deposit	14979
box or other safekeeping repository of a holder, on which the	14980
lease or rental period has expired, or any amount arising from the	14981
sale of such property, less any lawful claims, that are unclaimed	14982
for three years from the date on which the lease or rental period	14983
expired;	14984

(J) Subject to division (M)(2) of this section, all moneys,	14985
rights to moneys, or other intangible property, and any income or	14986
increment on them, held or owed by a holder which is a fiduciary	14987
for the benefit of another, or a fiduciary or custodian of a	14988
qualified retirement plan or individual retirement arrangement	14989
under section 401 or 408 of the Internal Revenue Code, unclaimed	14990
for three years after the final date for distribution;	14991

(K) All moneys, rights to moneys, or other intangible	14992
property held or owed in this state or held for or owed to an	14993
owner whose last known address is within this state, by the United	14994
States government or any state, as those terms are described in	14995
division (E) of section 169.01 of the Revised Code, unclaimed by	14996
the owner for three years, excluding any property in the control	14997
of any court in a proceeding in which a final adjudication has not	14998
been made;	14999

(L) Amounts payable pursuant to the terms of any policy of	15000
insurance, other than life insurance, or any refund available	15001
under such a policy, held or owed by any holder, unclaimed for	15002
three years from the date payable or distributable;	15003

(M)(1) Subject to division (M)(2) of this section, any funds	15004
constituting rents or lease payments due, any deposit made to	15005
secure payment of rents or leases, or any sum paid in advance for	15006
rents, leases, possible damage to property, unused services,	15007
performance requirements, or any other purpose, held or owed by a	15008
holder unclaimed for one year;	15009

(2) Any escrow funds, security deposits, or other moneys that	15010
are received by a licensed broker in a fiduciary capacity and	15011
that, pursuant to division (A)(26) of section 4735.18 of the	15012
Revised Code, are required to be deposited into and maintained in	15013
a special or trust, noninterest-bearing bank account separate and	15014
distinct from any personal or other account of the licensed	15015
broker, held or owed by the licensed broker unclaimed for two	15016
years.	15017

(N) Any sum greater than fifty dollars payable as wages, any	15018
sum payable as salaries or commissions, any sum payable for	15019
services rendered, funds owed or held as royalties, oil and	15020
mineral proceeds, funds held for or owed to suppliers, and moneys	15021
owed under pension and profit-sharing plans, held or owed by any	15022
holder unclaimed for one year from date payable or distributable,	15023
and all other credits held or owed, or to be refunded to a retail	15024
customer, by any holder unclaimed for three years from date	15025
payable or distributable;	15026

(O) Amounts held in respect of or represented by lay-aways	15027
sold after January 1, 1972, less any lawful claims, when such	15028
lay-aways are unclaimed for three years after the sale of them;	15029

(P) All moneys, rights to moneys, and other intangible	15030
property not otherwise constituted as unclaimed funds by this	15031
section, including any income or increment on them, less any	15032
lawful claims, which are held or owed by any holder, other than a	15033
holder which holds a permit issued pursuant to Chapter 3769. of	15034
the Revised Code, and which have remained unclaimed for three	15035
years after becoming payable or distributable;	15036

(Q) All moneys that arise out of a sale held pursuant to	15037
section 5322.03 of the Revised Code, that are held by a holder for	15038
delivery on demand to the appropriate person pursuant to division	15039
(I) of that section, and that are unclaimed for two years after	15040
the date of the sale.	15041

(R)(1) Any funds that are subject to an agreement between the	15042
holder and owner providing for automatic reinvestment and that	15043
constitute dividends, distributions, or other sums held or owed by	15044
a holder in connection with a security as defined in section	15045
1707.01 of the Revised Code, an ownership interest in an	15046
investment company registered under the "Investment Company Act of	15047
1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a certificate	15048
of deposit, unclaimed for a period of five years.	15049

(2) The five-year period under division (R)(1) of this	15050
section commences from the date a second shareholder notification	15051
or communication mailing to the owner of the funds is returned to	15052
the holder as undeliverable by the United States postal service or	15053
other carrier. The notification or communication mailing by the	15054
holder shall be no less frequent than quarterly.	15055

All moneys in a personal allowance account, as defined by	15056
rules adopted by the medicaid director ~~of job and family services~~,	15057
up to and including the maximum resource limitation, of a medicaid	15058
~~patient~~recipient who has died after receiving care in a long-term	15059
care facility, and for whom there is no identifiable heir or	15060
sponsor, are not subject to this chapter.	15061

Sec. 173.03. (A) There is hereby created the Ohio advisory	15062
council for the aging, which shall consist of twelve members to be	15063
appointed by the governor with the advice and consent of the	15064
senate. Two ex officio members of the council shall be members of	15065
the house of representatives appointed by the speaker of the house	15066
of representatives and shall be members of two different political	15067
parties. Two ex officio members of the council shall be members of	15068
the senate appointed by the president of the senate and shall be	15069
members of two different political parties. The medicaid director	15070
and directors of ~~mental health~~mental health and addiction	15071
services, developmental disabilities, health, and job and family	15072
services, or their designees, shall serve as ex officio members of	15073
the council. The council shall carry out its role as defined under	15074
the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 3001,	15075
as amended.	15076

At the first meeting of the council, and annually thereafter,	15077
the members shall select one of their members to serve as	15078
chairperson and one of their members to serve as vice-chairperson.	15079

(B) Members of the council shall be appointed for a term of	15080
three years, except that for the first appointment members of the	15081
Ohio commission on aging who were serving on the commission	15082
immediately prior to July 26, 1984, shall become members of the	15083
council for the remainder of their unexpired terms. Thereafter,	15084
appointment to the council shall be for a three-year term by the	15085
governor. Each member shall hold office from the date of	15086
appointment until the end of the term for which the member was	15087
appointed. Any member appointed to fill a vacancy occurring prior	15088
to the expiration of the term for which the member's predecessor	15089
was appointed shall hold office for the remainder of the term. No	15090
member shall continue in office subsequent to the expiration date	15091
of the member's term unless reappointed under the provisions of	15092
this section, and no member shall serve more than three	15093
consecutive terms on the council.	15094

(C) Membership of the council shall represent all areas of	15095
Ohio and shall be as follows:	15096

(1) A majority of members of the council shall have attained	15097
the age of ~~sixty~~fifty and have a knowledge of and continuing	15098
interest in the affairs and welfare of the older citizens of Ohio.	15099
The fields of business, labor, health, law, and human services	15100
shall be represented in the membership.	15101

(2) No more than seven members shall be of the same political	15102
party.	15103

(D) Any member of the council may be removed from office by	15104
the governor for neglect of duty, misconduct, or malfeasance in	15105
office after being informed in writing of the charges and afforded	15106
an opportunity for a hearing. Two consecutive unexcused absences	15107
from regularly scheduled meetings constitute neglect of duty.	15108

(E) The director of aging may reimburse a member for actual	15109
and necessary traveling and other expenses incurred in the	15110
discharge of official duties. But reimbursement shall be made in	15111
the manner and at rates that do not exceed those prescribed by the	15112
director of budget and management for any officer, member, or	15113
employee of, or consultant to, any state agency.	15114

(F) Council members are not limited as to the number of terms	15115
they may serve.	15116

(G)(1) The department of aging may award grants to or enter	15117
into contracts with a member of the advisory council or an entity	15118
that the member represents if any of the following apply:	15119

(a) The department determines that the member or the entity	15120
the member represents is capable of providing the goods or	15121
services specified under the terms of the grant or contract.	15122

(b) The member has not taken part in any discussion or vote	15123
of the council related to whether the council should recommend	15124
that the department of aging award the grant to or enter into the	15125
contract with the member of the advisory council or the entity	15126
that the member represents.	15127

(2) A member of the advisory council is not in violation of	15128
Chapter 102. or section 2921.42 of the Revised Code with regard to	15129
receiving a grant or entering into a contract under this section	15130
if the conditions of division (G)(1)(a) and (b) of this section	15131
have been met.	15132

Sec. 173.14. As used in sections 173.14 to 173.27 of the	15133
Revised Code:	15134

(A)(1) Except as otherwise provided in division (A)(2) of	15135
this section, "long-term care facility" includes any residential	15136
facility that provides personal care services for more than	15137
twenty-four hours for one or more unrelated adults, including all	15138
of the following:	15139

(a) A "nursing home," "residential care facility," or "home	15140
for the aging" as defined in section 3721.01 of the Revised Code;	15141

(b) A facility authorized to provide extended care services	15142
under Title XVIII of the "Social Security Act," 49 Stat. 620	15143
(1935), 42 U.S.C. 301, as amended, including a long-term acute	15144
care hospital that provides medical and rehabilitative care to	15145
patients who require an average length of stay greater than	15146
twenty-five days and is classified by the centers for medicare and	15147
medicaid services as a long-term care hospital pursuant to 42	15148
C.F.R. 412.23(e);	15149

(c) A county home or district home operated pursuant to	15150
Chapter 5155. of the Revised Code;	15151

(d) A residential facility licensed under section ~~5119.22~~	15152
5119.34 of the Revised Code that provides accommodations,	15153
supervision, and personal care services for three to sixteen	15154
unrelated adults or accommodations and personal care services for	15155
only one or two adults who are ~~recipients under the~~receiving	15156
residential state supplement program;	15157

(e) A facility approved by the veterans administration under	15158
section 104(a) of the "Veterans Health Care Amendments of 1983,"	15159
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	15160
the placement and care of veterans.	15161

(2) "Long-term care facility" does not include a residential	15162
facility licensed under section 5123.19 of the Revised Code.	15163

(B) "Resident" means a resident of a long-term care facility	15164
and, where appropriate, includes a prospective, previous, or	15165
deceased resident of a long-term care facility.	15166

(C) "Community-based long-term care services" means health	15167
and social services provided to persons in their own homes or in	15168
community care settings, and includes any of the following:	15169

(1) Case management;

15170

(2) Home health care;

15171

(3) Homemaker services;

15172

(4) Chore services;

15173

(5) Respite care;

15174

(6) Adult day care;

15175

(7) Home-delivered meals;

15176

(8) Personal care;

15177

(9) Physical, occupational, and speech therapy;

15178

(10) Transportation;

15179

(11) Any other health and social services provided to persons	15180
that allow them to retain their independence in their own homes or	15181
in community care settings.	15182

(D) "Recipient" means a recipient of community-based	15183
long-term care services and, where appropriate, includes a	15184
prospective, previous, or deceased recipient of community-based	15185
long-term care services.	15186

(E) "Sponsor" means an adult relative, friend, or guardian	15187
who has an interest in or responsibility for the welfare of a	15188
resident or a recipient.	15189

(F) "Personal care services" has the same meaning as in	15190
section 3721.01 of the Revised Code.	15191

(G) "Regional long-term care ombudsperson program" means an	15192
entity, either public or private and nonprofit, designated as a	15193
regional long-term care ombudsperson program by the state	15194
long-term care ombudsperson.	15195

(H) "Representative of the office of the state long-term care	15196
ombudsperson program" means the state long-term care ombudsperson	15197
or a member of the ombudsperson's staff, or a person certified as	15198
a representative of the office under section 173.21 of the Revised	15199
Code.	15200

(I) "Area agency on aging" means an area agency on aging	15201
established under the "Older Americans Act of 1965," 79 Stat. 219,	15202
42 U.S.C.A. 3001, as amended.	15203

Sec. 173.17. (A) The state long-term care ~~ombudsperson~~	15204
ombudsman shall do all of the following:	15205

(1) Appoint a staff and direct and administer the work of the	15206
staff;	15207

(2) Supervise the nursing home investigative unit established	15208
under division (I) of section 173.01 of the Revised Code;	15209

(3) Oversee the performance and operation of the office of	15210
the state long-term care ~~ombudsperson~~ombudsman program, including	15211
the operation of regional long-term care ~~ombudsperson~~ombudsman	15212
programs;	15213

(4) Establish and maintain a statewide uniform reporting	15214
system to collect and analyze information relating to complaints	15215
and conditions in long-term care facilities and complaints	15216
regarding the provision of community-based long-term care services	15217
for the purpose of identifying and resolving significant problems;	15218

(5) Provide for public forums to discuss concerns and	15219
problems relating to action, inaction, or decisions that may	15220
adversely affect the health, safety, welfare, or rights of	15221
residents and recipients of services by providers of long-term	15222
care and their representatives, public agencies and entities, and	15223
social service agencies. This may include any of the following:	15224
conducting public hearings; sponsoring workshops and conferences;	15225
holding meetings for the purpose of obtaining information about	15226
residents and recipients, discussing and publicizing their needs,	15227
and advocating solutions to their problems; and promoting the	15228
development of citizen organizations.	15229

(6) Encourage, cooperate with, and assist in the development	15230
and operation of services to provide current, objective, and	15231
verified information about long-term care;	15232

(7) Develop and implement, with the assistance of regional	15233
programs, a continuing program to publicize, through the media and	15234
civic organizations, the office, its purposes, and its methods of	15235
operation;	15236

(8) Maintain written descriptions of the duties and	15237
qualifications of representatives of the office;	15238

(9) Evaluate and make known concerns and issues regarding	15239
long-term care by doing all of the following:	15240

(a) Preparing an annual report containing information and	15241
findings regarding the types of problems experienced by residents	15242
and recipients and the complaints made by or on behalf of	15243
residents and recipients. The report shall include recommendations	15244
for policy, regulatory, and legislative changes to solve problems,	15245
resolve complaints, and improve the quality of care and life for	15246
residents and recipients and shall be submitted to the governor,	15247
the speaker of the house of representatives, the president of the	15248
senate, the directors of health and of job and family services,	15249
and the commissioner of the administration on aging of the United	15250
States department of health and human services.	15251

(b) Monitoring and analyzing the development and	15252
implementation of federal, state, and local laws, rules, and	15253
policies regarding long-term care services in this state and	15254
recommending to officials changes the office considers appropriate	15255
in these laws, rules, and policies;	15256

(c) Providing information and making recommendations to	15257
public agencies, members of the general assembly, and others	15258
regarding problems and concerns of residents and recipients.	15259

(10) Conduct training for employees and volunteers on	15260
~~ombudsperson's~~ombudsman's staff and for representatives of the	15261
office employed by regional programs;	15262

(11) Monitor the training of representatives of the office	15263
who provide volunteer services to regional programs, and provide	15264
technical assistance to the regional programs in conducting the	15265
training;	15266

(12) Issue certificates attesting to the successful	15267
completion of training and specifying the level of responsibility	15268
for which a representative of the office who has completed	15269
training is qualified;	15270

(13) Register as a residents' rights advocate with the	15271
department of health under division (B) of section 3701.07 of the	15272
Revised Code;	15273

(14) Perform other duties specified by the department of	15274
aging.	15275

(B) The state ~~ombudsperson~~ombudsman may delegate any of the	15276
~~ombudsperson's~~ombudsman's authority or duties under sections	15277
173.14 to 173.26 of the Revised Code to any member of the	15278
~~ombudsperson's~~ombudsman's staff. The state ~~ombudsperson~~ombudsman	15279
is responsible for any authority or duties the ~~ombudsperson~~	15280
ombudsman delegates.	15281

Sec. 173.19. (A) The office of the state long-term care	15282
~~ombudsperson~~ombudsman program, through the state long-term care	15283
~~ombudsperson~~ombudsman and the regional long-term care	15284
~~ombudsperson~~ombudsman programs, shall receive, investigate, and	15285
attempt to resolve complaints made by residents, recipients,	15286
sponsors, providers of long-term care, or any person acting on	15287
behalf of a resident or recipient, relating to either of the	15288
following:	15289

(1) The health, safety, welfare, or civil rights of a	15290
resident or recipient or any violation of a resident's rights	15291
described in sections 3721.10 to 3721.17 of the Revised Code;	15292

(2) Any action or inaction or decision by a provider of	15293
long-term care or representative of a provider, a governmental	15294
entity, or a private social service agency that may adversely	15295
affect the health, safety, welfare, or rights of a resident or	15296
recipient.	15297

(B) The department of aging shall adopt rules in accordance	15298
with Chapter 119. of the Revised Code regarding the handling of	15299
complaints received under this section, including procedures for	15300
conducting investigations of complaints. The rules shall include	15301
procedures to ensure that no representative of the office	15302
investigates any complaint involving a provider of long-term care	15303
with which the representative was once employed or associated.	15304

The state ~~ombudsperson~~ombudsman and regional programs shall	15305
establish procedures for handling complaints consistent with the	15306
department's rules. Complaints shall be dealt with in accordance	15307
with the procedures established under this division.	15308

(C) The office of the state long-term care ~~ombudsperson~~	15309
ombudsman program may decline to investigate any complaint if it	15310
determines any of the following:	15311

(1) That the complaint is frivolous, vexatious, or not made	15312
in good faith;	15313

(2) That the complaint was made so long after the occurrence	15314
of the incident on which it is based that it is no longer	15315
reasonable to conduct an investigation;	15316

(3) That an adequate investigation cannot be conducted	15317
because of insufficient funds, insufficient staff, lack of staff	15318
expertise, or any other reasonable factor that would result in an	15319
inadequate investigation despite a good faith effort;	15320

(4) That an investigation by the office would create a real	15321
or apparent conflict of interest.	15322

(D) If a regional long-term care ~~ombudsperson~~ombudsman	15323
program declines to investigate a complaint, it shall refer the	15324
complaint to the state long-term care ~~ombudsperson~~ombudsman.	15325

(E) Each complaint to be investigated by a regional program	15326
shall be assigned to a representative of the office of the state	15327
long-term care ~~ombudsperson~~ombudsman program. If the	15328
representative determines that the complaint is valid, the	15329
representative shall assist the parties in attempting to resolve	15330
it. If the representative is unable to resolve it, the	15331
representative shall refer the complaint to the state ~~ombudsperson~~	15332
ombudsman.	15333

In order to carry out the duties of sections 173.14 to 173.26	15334
of the Revised Code, a representative has the right to private	15335
communication with residents and their sponsors and access to	15336
long-term care facilities, including the right to tour resident	15337
areas unescorted and the right to tour facilities unescorted as	15338
reasonably necessary to the investigation of a complaint. Access	15339
to facilities shall be during reasonable hours or, during	15340
investigation of a complaint, at other times appropriate to the	15341
complaint.	15342

When community-based long-term care services are provided at	15343
a location other than the recipient's home, a representative has	15344
the right to private communication with the recipient and the	15345
recipient's sponsors and access to the community-based long-term	15346
care site, including the right to tour the site unescorted. Access	15347
to the site shall be during reasonable hours or, during the	15348
investigation of a complaint, at other times appropriate to the	15349
complaint.	15350

(F) The state ~~ombudsperson~~ombudsman shall determine whether	15351
complaints referred to the ~~ombudsperson~~ombudsman under division	15352
(D) or (E) of this section warrant investigation. The	15353
~~ombudsperson's~~ombudsman's determination in this matter is final.	15354

Sec. 173.20. (A) If consent is given and unless otherwise	15355
prohibited by law, a representative of the office of the state	15356
long-term care ombudsman program shall have access to any records,	15357
including medical records, of a resident or a recipient that are	15358
reasonably necessary for investigation of a complaint. Consent may	15359
be given in any of the following ways:	15360

(1) In writing by the resident or recipient;

15361

(2) Orally by the resident or recipient, witnessed in writing	15362
at the time it is given by one other person, and, if the records	15363
involved are being maintained by a long-term care provider, also	15364
by an employee of the long-term care provider designated under	15365
division (E)(1) of this section;	15366

(3) In writing by the guardian of the resident or recipient;

15367

(4) In writing by the attorney in fact of the resident or	15368
recipient, if the resident or recipient has authorized the	15369
attorney in fact to give such consent;	15370

(5) In writing by the executor or administrator of the estate	15371
of a deceased resident or recipient.	15372

(B) If consent to access to records is not refused by a	15373
resident or recipient or ~~his~~the resident's or recipient's legal	15374
representative but cannot be obtained and any of the following	15375
circumstances exist, a representative of the office of the state	15376
long-term care ombudsman program, on approval of the state	15377
long-term care ombudsman, may inspect the records of a resident or	15378
a recipient, including medical records, that are reasonably	15379
necessary for investigation of a complaint:	15380

(1) The resident or recipient is unable to express written or	15381
oral consent and there is no guardian or attorney in fact;	15382

(2) There is a guardian or attorney in fact, but hethe	15383
guardian or attorney in fact cannot be contacted within three	15384
working days;	15385

(3) There is a guardianship or durable power of attorney, but	15386
its existence is unknown by the long-term care provider and the	15387
representative of the office at the time of the investigation;	15388

(4) There is no executor or administrator of the estate of a	15389
deceased resident or recipient.	15390

(C) If a representative of the office of the state long-term	15391
care ombudsman program has been refused access to records by a	15392
guardian or attorney in fact, but has reasonable cause to believe	15393
that the guardian or attorney in fact is not acting in the best	15394
interests of the resident or recipient, the representative may, on	15395
approval of the state long-term care ombudsman, inspect the	15396
records of the resident or recipient, including medical records,	15397
that are reasonably necessary for investigation of a complaint.	15398

(D) A representative of the office of the state long-term	15399
care ombudsman program shall have access to any records of a	15400
long-term care provider reasonably necessary to an investigation	15401
conducted under this section, including but not limited to:	15402
incident reports, dietary records, policies and procedures of a	15403
facility required to be maintained under section ~~5111.21~~5165.06	15404
of the Revised Code, admission agreements, staffing schedules, any	15405
document depicting the actual staffing pattern of the provider,	15406
any financial records that are matters of public record, resident	15407
council and grievance committee minutes, and any waiting list	15408
maintained by a facility in accordance with section ~~5111.31~~	15409
5165.08 of the Revised Code, or any similar records or lists	15410
maintained by a provider of community-based long-term care	15411
services. Pursuant to division (E)(2) of this section, a	15412
representative shall be permitted to make or obtain copies of any	15413
of these records after giving the long-term care provider	15414
twenty-four hours' notice. A long-term care provider may impose a	15415
charge for providing copies of records under this division that	15416
does not exceed the actual and necessary expense of making the	15417
copies.	15418

The state ombudsman shall take whatever action is necessary	15419
to ensure that any copy of a record made or obtained under this	15420
division is returned to the long-term care provider no later than	15421
three years after the date the investigation for which the copy	15422
was made or obtained is completed.	15423

(E)(1) Each long-term care provider shall designate one or	15424
more of its employees to be responsible for witnessing the giving	15425
of oral consent under division (A) of this section. In the event	15426
that a designated employee is not available when a resident or	15427
recipient attempts to give oral consent, the provider shall	15428
designate another employee to witness the consent.	15429

(2) Each long-term care provider shall designate one or more	15430
of its employees to be responsible for releasing records for	15431
copying to representatives of the office of the long-term care	15432
ombudsman program who request permission to make or obtain copies	15433
of records specified in division (D) of this section. In the event	15434
that a designated employee is not available when a representative	15435
of the office makes the request, the long-term care provider shall	15436
designate another employee to release the records for copying.	15437

(F) A long-term care provider or any employee of such a	15438
provider is immune from civil or criminal liability or action	15439
taken pursuant to a professional disciplinary procedure for the	15440
release or disclosure of records to a representative of the office	15441
pursuant to this section.	15442

(G) A state or local government agency or entity with records	15443
relevant to a complaint or investigation being conducted by a	15444
representative of the office shall provide the representative	15445
access to the records.	15446

(H) The state ombudsman, with the approval of the director of	15447
aging, may issue a subpoena to compel any person hethe ombudsman	15448
reasonably believes may be able to provide information to appear	15449
before ~~him~~the ombudsman or ~~his~~the ombudsman's designee and give	15450
sworn testimony and to produce documents, books, records, papers,	15451
or other evidence the state ombudsman believes is relevant to the	15452
investigation. On the refusal of a witness to be sworn or to	15453
answer any question put to ~~him~~the witness, or if a person	15454
disobeys a subpoena, the ombudsman shall apply to the Franklin	15455
county court of common pleas for a contempt order, as in the case	15456
of disobedience of the requirements of a subpoena issued from the	15457
court, or a refusal to testify in the court.	15458

(I) The state ombudsman may petition the court of common	15459
pleas in the county in which a long-term care facility is located	15460
to issue an injunction against any long-term care facility in	15461
violation of sections 3721.10 to 3721.17 of the Revised Code.	15462

(J) Any suspected violation of Chapter 3721. of the Revised	15463
Code discovered during the course of an investigation may be	15464
reported to the department of health. Any suspected criminal	15465
violation discovered during the course of an investigation shall	15466
be reported to the attorney general or other appropriate law	15467
enforcement authorities.	15468

(K) The department of aging shall adopt rules in accordance	15469
with Chapter 119. of the Revised Code for referral by the state	15470
ombudsman and regional long-term care ombudsman programs of	15471
complaints to other public agencies or entities. A public agency	15472
or entity to which a complaint is referred shall keep the state	15473
ombudsman or regional program handling the complaint advised and	15474
notified in writing in a timely manner of the disposition of the	15475
complaint to the extent permitted by law.	15476

Sec. 173.21. (A) The office of the state long-term care	15477
~~ombudsperson~~ombudsman program, through the state long-term care	15478
~~ombudsperson~~ombudsman and the regional long-term care	15479
~~ombudsperson~~ombudsman programs, shall require each representative	15480
of the office to complete a training and certification program in	15481
accordance with this section and to meet the continuing education	15482
requirements established under this section.	15483

(B) The department of aging shall adopt rules under Chapter	15484
119. of the Revised Code specifying the content of training	15485
programs for representatives of the office of the state long-term	15486
care ~~ombudsperson~~ombudsman program. Training for representatives	15487
other than those who are volunteers providing services through	15488
regional long-term care ~~ombudsperson~~ombudsman programs shall	15489
include instruction regarding federal, state, and local laws,	15490
rules, and policies on long-term care facilities and	15491
community-based long-term care services; investigative techniques;	15492
and other topics considered relevant by the department and shall	15493
consist of the following:	15494

(1) A minimum of forty clock hours of basic instruction,	15495
which shall be completed before the trainee is permitted to handle	15496
complaints without the supervision of a representative of the	15497
office certified under this section;	15498

(2) An additional sixty clock hours of instruction, which	15499
shall be completed within the first fifteen months of employment;	15500

(3) An internship of twenty clock hours, which shall be	15501
completed within the first twenty-four months of employment,	15502
including instruction in, and observation of, basic nursing care	15503
and long-term care provider operations and procedures. The	15504
internship shall be performed at a site that has been approved as	15505
an internship site by the state long-term care ~~ombudsperson~~	15506
ombudsman.	15507

(4) One of the following, which shall be completed within the	15508
first twenty-four months of employment:	15509

(a) Observation of a survey conducted by the director of	15510
health to certify a nursing facility to ~~receive funds under~~	15511
~~sections 5111.20 to 5111.32 of the Revised Code~~participate in the	15512
medicaid program;	15513

(b) Observation of an inspection conducted by the director of	15514
~~mental health~~mental health and addiction services to license a	15515
residential facility under section ~~5119.22~~5119.34 of the Revised	15516
Code that provides accommodations, supervision, and personal care	15517
services for three to sixteen unrelated adults.	15518

(5) Any other training considered appropriate by the	15519
department.	15520

(C) ~~Persons~~Any person who for a period of at least six	15521
months prior to June 11, 1990, served as ~~ombudsmen~~an ombudsman	15522
through the long-term care ~~ombudsperson~~ombudsman program	15523
established by the department of aging under division (M) of	15524
section 173.01 of the Revised Code shall not be required to	15525
complete a training program. ~~These persons~~Such a person and	15526
persons who complete a training program shall take an examination	15527
administered by the department of aging. On attainment of a	15528
passing score, the person shall be certified by the department as	15529
a representative of the office. The department shall issue the	15530
person an identification card, which the representative shall show	15531
at the request of any person with whom the representative deals	15532
while performing the representative's duties and which shall be	15533
surrendered at the time the representative separates from the	15534
office.	15535

(D) The state ~~ombudsperson~~ombudsman and each regional	15536
program shall conduct training programs for volunteers on their	15537
respective staffs in accordance with the rules of the department	15538
of aging adopted under division (B) of this section. Training	15539
programs may be conducted that train volunteers to complete some,	15540
but not all, of the duties of a representative of the office. Each	15541
regional office shall bear the cost of training its	15542
representatives who are volunteers. On completion of a training	15543
program, the representative shall take an examination administered	15544
by the department of aging. On attainment of a passing score, a	15545
volunteer shall be certified by the department as a representative	15546
authorized to perform services specified in the certification. The	15547
department shall issue an identification card, which the	15548
representative shall show at the request of any person with whom	15549
the representative deals while performing the representative's	15550
duties and which shall be surrendered at the time the	15551
representative separates from the office. Except as a supervised	15552
part of a training program, no volunteer shall perform any duty	15553
unless he is certified as a representative having received	15554
appropriate training for that duty.	15555

(E) The state ~~ombudsperson~~ombudsman shall provide technical	15556
assistance to regional programs conducting training programs for	15557
volunteers and shall monitor the training programs.	15558

(F) Prior to scheduling an observation of a certification	15559
survey or licensing inspection for purposes of division (B)(4) of	15560
this section, the state ~~ombudsperson~~ombudsman shall obtain	15561
permission to have the survey or inspection observed from both the	15562
director of health and the long-term care facility at which the	15563
survey or inspection is to take place.	15564

(G) The department of aging shall establish continuing	15565
education requirements for representatives of the office.	15566

Sec. 173.23. (A) Representatives of the office of the state	15567
long-term care ~~ombudsperson~~ombudsman program are immune from	15568
civil or criminal liability for any action taken in the good faith	15569
performance of their official duties under sections 173.14 to	15570
173.26 of the Revised Code.	15571

(B) A person acting in good faith is immune from civil or	15572
criminal liability incident to any of the following: providing	15573
information to the office, participating in registration of a	15574
complaint with the office, participating in investigation of a	15575
complaint by the office, or participating in an administrative or	15576
judicial proceeding resulting from a complaint.	15577

(C) No person shall knowingly register a false complaint with	15578
the office, or knowingly swear or affirm the truth of a false	15579
complaint previously registered, when the statement is made with	15580
purpose to incriminate another.	15581

(D) The attorney general shall provide legal counsel to the	15582
office of the state long-term care ~~ombudsperson~~ombudsman program	15583
and to the regional long-term care ~~ombudsperson~~ombudsman	15584
programs. The attorney general shall represent any representative	15585
of the office and any representative of a regional program against	15586
whom any legal action is brought in connection with the	15587
representative's official duties under sections 173.14 to 173.26	15588
of the Revised Code.	15589

Sec. 173.25. The office of the state long-term care	15590
~~ombudsperson~~ombudsman program shall, in carrying out the	15591
provisions and purposes of sections 173.14 to 173.26 of the	15592
Revised Code, advise, consult, and cooperate with any agency,	15593
program, or other entity related to the purposes of the office.	15594
Any agency, program, or other entity related to the purposes of	15595
the office shall advise, consult, and cooperate with the office.	15596

The office shall attempt to establish effective coordination	15597
with government-sponsored programs that provide legal services to	15598
the elderly and with protective and advocacy programs for	15599
individuals with developmental disabilities, mental retardation,	15600
or mental illness.	15601

Sec. 173.26. (A) Each of the following facilities shall	15602
annually pay to the department of aging six dollars for each bed	15603
~~maintained by~~ the facility ~~for use by a resident~~was licensed or	15604
otherwise authorized to maintain during any part of the previous	15605
year:	15606

(1) Nursing homes,and residential care facilities, ~~and homes~~	15607
~~for the aging~~ as defined in section 3721.01 of the Revised Code;	15608

(2) Facilities authorized to provide extended care services	15609
under Title XVIII of the "Social Security Act," 49 Stat. 620	15610
(1935), 42 U.S.C. 301, as amended, including a long-term acute	15611
care hospital that provides medical and rehabilitative care to	15612
patients who require an average length of stay greater than	15613
twenty-five days and is classified by the centers for medicare and	15614
medicaid services as a long-term care hospital pursuant to 42	15615
C.F.R. 412.23(e);	15616

(3) County homes and district homes operated pursuant to	15617
Chapter 5155. of the Revised Code;	15618

(4) Residential facilities licensed under section ~~5119.22~~	15619
5119.34 of the Revised Code that provide accommodations,	15620
supervision, and personal care services for three to sixteen	15621
unrelated adults;	15622

(5) Facilities approved by the Veterans Administration under	15623
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	15624
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	15625
the placement and care of veterans.	15626

The department shall, by rule adopted in accordance with	15627
Chapter 119. of the Revised Code, establish deadlines for payments	15628
required by this section. A facility that fails, within ninety	15629
days after the established deadline, to pay a payment required by	15630
this section shall be assessed at two times the original invoiced	15631
payment.	15632

(B) All money collected under this section shall be deposited	15633
in the state treasury to the credit of the office of the state	15634
long-term care ~~ombudsperson~~ombudsman program fund, which is	15635
hereby created. Money credited to the fund shall be used solely to	15636
pay the costs of operating the regional long-term care	15637
~~ombudsperson~~ombudsman programs.	15638

(C) The state long-term care ~~ombudsperson~~ombudsman and the	15639
regional programs may solicit and receive contributions to support	15640
the operation of the office or a regional program, except that no	15641
contribution shall be solicited or accepted that would interfere	15642
with the independence or objectivity of the office or program.	15643

Sec. 173.27. (A) As used in this section:

15644

(1) "Applicant" means a person who is under final	15645
consideration for employment ~~with the office of the state~~	15646
~~long-term care ombudsperson program~~by a responsible party in a	15647
full-time, part-time, or temporary position that involves	15648
providing ~~ombudsperson~~ombudsman services to residents and	15649
recipients. "Applicant" includes a person who is under final	15650
consideration for employment as the state long-term care	15651
~~ombudsperson~~ombudsman or the head of a regional long-term care	15652
~~ombudsperson~~ombudsman program. "Applicant" does not include a	15653
person seeking to provide ~~ombudsperson~~ombudsman services to	15654
residents and recipients as a volunteer without receiving or	15655
expecting to receive any form of remuneration other than	15656
reimbursement for actual expenses.	15657

(2) "Criminal records check" has the same meaning as in	15658
section 109.572 of the Revised Code.	15659

(3) "Disqualifying offense" means any of the offenses listed	15660
or described in divisions (A)(3)(a) to (e) of section 109.572 of	15661
the Revised Code.	15662

(4) "Employee" means a person employed by ~~the office of the~~	15663
~~state long-term care ombudsperson program~~a responsible party in a	15664
full-time, part-time, or temporary position that involves	15665
providing ~~ombudsperson~~ombudsman services to residents and	15666
recipients. "Employee" includes the person employed as the state	15667
long-term care ~~ombudsperson~~ombudsman and a person employed as the	15668
head of a regional long-term care ~~ombudsperson~~ombudsman program.	15669
"Employee" does not include a person who provides ~~ombudsperson~~	15670
ombudsman services to residents and recipients as a volunteer	15671
without receiving or expecting to receive any form of remuneration	15672
other than reimbursement for actual expenses.	15673

(5) "Responsible ~~entity~~party" means the following:

15674

(a) In the case of an applicant who is under final	15675
consideration for employment as the state long-term care	15676
~~ombudsperson~~ombudsman or the person employed as the state	15677
long-term care ~~ombudsperson~~ombudsman, the director of aging;	15678

(b) In the case of any other applicant who is under final	15679
consideration for employment with the state long-term care	15680
ombudsman program or any other employee of the state long-term	15681
care ombudsman program, the state long-term care ~~ombudsperson or~~	15682
~~the ombudsperson's designee~~ombudsman;	15683

(c) In the case of an applicant who is under final	15684
consideration for employment with a regional long-term care	15685
ombudsman program (including as the head of the regional program)	15686
or an employee of a regional long-term care ombudsman program	15687
(including the head of a regional program), the regional long-term	15688
care ombudsman program.	15689

(B) ~~The office of the state long-term care ombudsperson~~	15690
~~program~~A responsible party may not employ an applicant or	15691
continue to employ an employee in a position that involves	15692
providing ~~ombudsperson~~ombudsman services to residents and	15693
recipients if any of the following apply:	15694

(1) A review of the databases listed in division (D) of this	15695
section reveals any of the following:	15696

(a) That the applicant or employee is included in one or more	15697
of the databases listed in divisions (D)(1) to (5) of this	15698
section;	15699

(b) That there is in the state nurse aide registry	15700
established under section 3721.32 of the Revised Code a statement	15701
detailing findings by the director of health that the applicant or	15702
employee neglected or abused a long-term care facility or	15703
residential care facility resident or misappropriated property of	15704
such a resident;	15705

(c) That the applicant or employee is included in one or more	15706
of the databases, if any, specified in rules adopted under this	15707
section and the rules prohibit the ~~office~~responsible party from	15708
employing an applicant or continuing to employ an employee	15709
included in such a database in a position that involves providing	15710
~~ombudsperson~~ombudsman services to residents and recipients.	15711

(2) After the applicant or employee is provided, pursuant to	15712
division (E)(2)(a) of this section, a copy of the form prescribed	15713
pursuant to division (C)(1) of section 109.572 of the Revised Code	15714
and the standard impression sheet prescribed pursuant to division	15715
(C)(2) of that section, the applicant or employee fails to	15716
complete the form or provide the applicant's or employee's	15717
fingerprint impressions on the standard impression sheet.	15718

(3) ~~Except as provided~~Unless the applicant or employee meets	15719
standards specified in rules adopted under this section, the	15720
applicant or employee is found by a criminal records check	15721
required by this section to have been convicted of, pleaded guilty	15722
to, or been found eligible for intervention in lieu of conviction	15723
for a disqualifying offense.	15724

(C) ~~The~~A responsible ~~entity~~party or a responsible party's	15725
designee shall inform each applicant of both of the following at	15726
the time of the applicant's initial application for employment in	15727
a position that involves providing ~~ombudsperson~~ombudsman services	15728
to residents and recipients:	15729

(1) That a review of the databases listed in division (D) of	15730
this section will be conducted to determine whether the ~~office of~~	15731
~~the state long-term care ombudsperson program~~responsible party is	15732
prohibited by division (B)(1) of this section from employing the	15733
applicant in the position;	15734

(2) That, unless the database review reveals that the	15735
applicant may not be employed in the position, a criminal records	15736
check of the applicant will be conducted and the applicant is	15737
required to provide a set of the applicant's fingerprint	15738
impressions as part of the criminal records check.	15739

(D) As a condition of any applicant's being employed by ~~the~~	15740
~~office of the state long-term care ombudsperson program~~a	15741
responsible party in a position that involves providing	15742
~~ombudsperson~~ombudsman services to residents and recipients, the	15743
responsible ~~entity~~party or designee shall conduct a database	15744
review of the applicant in accordance with rules adopted under	15745
this section. If rules adopted under this section so require, the	15746
responsible ~~entity~~party or designee shall conduct a database	15747
review of an employee in accordance with the rules as a condition	15748
of the ~~office's~~responsible party continuing to employ the	15749
employee in a position that involves providing ~~ombudsperson~~	15750
ombudsman services to residents and recipients. A database review	15751
shall determine whether the applicant or employee is included in	15752
any of the following:	15753

(1) The excluded parties list system that is maintained by	15754
the United States general services administration pursuant to	15755
subpart 9.4 of the federal acquisition regulation and available at	15756
the federal web site known as the system for award management;	15757

(2) The list of excluded individuals and entities maintained	15758
by the office of inspector general in the United States department	15759
of health and human services pursuant to section 1128 of the	15760
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	15761
amended, and section 1156 of the "Social Security Act," 96 Stat.	15762
388 (1982), 42 U.S.C. 1320c-5, as amended;	15763

(3) The registry of MR/DD employees established under section	15764
5123.52 of the Revised Code;	15765

(4) The internet-based sex offender and child-victim offender	15766
database established under division (A)(11) of section 2950.13 of	15767
the Revised Code;	15768

(5) The internet-based database of inmates established under	15769
section 5120.66 of the Revised Code;	15770

(6) The state nurse aide registry established under section	15771
3721.32 of the Revised Code;	15772

(7) Any other database, if any, specified in rules adopted	15773
under this section.	15774

(E)(1) As a condition of any applicant's being employed by	15775
~~the office of the state long-term care ombudsperson program~~a	15776
responsible party in a position that involves providing	15777
~~ombudsperson~~ombudsman services to residents and recipients, the	15778
responsible ~~entity~~party or designee shall request that the	15779
superintendent of the bureau of criminal identification and	15780
investigation conduct a criminal records check of the applicant.	15781
If rules adopted under this section so require, the responsible	15782
~~entity~~party or designee shall request that the superintendent	15783
conduct a criminal records check of an employee at times specified	15784
in the rules as a condition of the ~~office's~~responsible party	15785
continuing to employ the employee in a position that involves	15786
providing ~~ombudsperson~~ombudsman services to residents and	15787
recipients. However, the responsible ~~entity~~party or designee is	15788
not required to request the criminal records check of the	15789
applicant or employee if the ~~office~~responsible party is	15790
prohibited by division (B)(1) of this section from employing the	15791
applicant or continuing to employ the employee in a position that	15792
involves providing ~~ombudsperson~~ombudsman services to residents	15793
and recipients. If an applicant or employee for whom a criminal	15794
records check request is required by this section does not present	15795
proof of having been a resident of this state for the five-year	15796
period immediately prior to the date the criminal records check is	15797
requested or provide evidence that within that five-year period	15798
the superintendent has requested information about the applicant	15799
or employee from the federal bureau of investigation in a criminal	15800
records check, the responsible ~~entity~~party or designee shall	15801
request that the superintendent obtain information from the	15802
federal bureau of investigation as part of the criminal records	15803
check. Even if an applicant or employee for whom a criminal	15804
records check request is required by this section presents proof	15805
of having been a resident of this state for the five-year period,	15806
the responsible ~~entity~~party or designee may request that the	15807
superintendent include information from the federal bureau of	15808
investigation in the criminal records check.	15809

(2) ~~The~~A responsible ~~entity~~party or designee shall do all	15810
of the following:	15811

(a) Provide to each applicant and employee for whom a	15812
criminal records check request is required by this section a copy	15813
of the form prescribed pursuant to division (C)(1) of section	15814
109.572 of the Revised Code and a standard impression sheet	15815
prescribed pursuant to division (C)(2) of that section;	15816

(b) Obtain the completed form and standard impression sheet	15817
from the applicant or employee;	15818

(c) Forward the completed form and standard impression sheet	15819
to the superintendent.	15820

(3) ~~The office of the state long-term care ombudsperson~~	15821
~~program~~A responsible party shall pay to the bureau of criminal	15822
identification and investigation the fee prescribed pursuant to	15823
division (C)(3) of section 109.572 of the Revised Code for each	15824
criminal records check the responsible ~~entity~~party or the	15825
responsible party's designee requests under this section. The	15826
~~office~~responsible party may charge an applicant a fee not	15827
exceeding the amount the ~~office~~responsible party pays to the	15828
bureau under this section if the responsible ~~entity~~party or	15829
designee notifies the applicant at the time of initial application	15830
for employment of the amount of the fee.	15831

(F)(1) ~~The office of the state long-term care ombudsperson~~	15832
~~program~~A responsible party may employ conditionally an applicant	15833
for whom a criminal records check is required by this section	15834
prior to obtaining the results of the criminal records check if	15835
both of the ~~office~~following apply:	15836

(a) The responsible party is not prohibited by division	15837
(B)(1) of this section from employing the applicant in a position	15838
that involves providing ~~ombudsperson~~ombudsman services to	15839
residents and recipients ~~and the~~;	15840

(b) The responsible ~~entity~~party or designee requests the	15841
criminal records check in accordance with division (E) of this	15842
section not later than five business days after the applicant	15843
begins conditional employment.	15844

(2) ~~The office of the state long-term care ombudsperson~~	15845
~~program~~A responsible party shall terminate the employment of an	15846
applicant employed conditionally under division (F)(1) of this	15847
section if the results of the criminal records check, other than	15848
the results of any request for information from the federal bureau	15849
of investigation, are not obtained within the period ending sixty	15850
days after the date the request for the criminal records check is	15851
made. Regardless of when the results of the criminal records check	15852
are obtained, if the results indicate that the applicant has been	15853
convicted of, pleaded guilty to, or been found eligible for	15854
intervention in lieu of conviction for a disqualifying offense,	15855
the ~~office~~responsible party shall terminate the applicant's	15856
employment unless ~~circumstances~~the applicant meets standards	15857
specified in rules adopted under this section that permit the	15858
~~office~~responsible party to employ the applicant ~~exist~~ and the	15859
~~office~~responsible party chooses to employ the applicant.	15860
Termination of employment under this division shall be considered	15861
just cause for discharge for purposes of division (D)(2) of	15862
section 4141.29 of the Revised Code if the applicant makes any	15863
attempt to deceive the ~~office~~responsible party or designee about	15864
the applicant's criminal record.	15865

(G) The report of any criminal records check conducted	15866
pursuant to a request made under this section is not a public	15867
record for the purposes of section 149.43 of the Revised Code and	15868
shall not be made available to any person other than the	15869
following:	15870

(1) The applicant or employee who is the subject of the	15871
criminal records check or the applicant's or employee's	15872
representative;	15873

(2) The responsible ~~entity~~party or ~~the responsible entity's~~	15874
~~representative~~designee;	15875

(3) ~~If the state long-term care ombudsperson designates the~~	15876
~~head or other employee of~~In the case of a criminal records check	15877
conducted for an applicant who is under final consideration for	15878
employment with a regional long-term care ~~ombudsperson~~ombudsman	15879
program ~~to request a criminal records check under this section~~	15880
(including as the head of the regional program) or an employee of	15881
a regional long-term care ombudsman program (including the head of	15882
a regional program), the state long-term care ombudsman or a	15883
representative of the office of the state long-term care	15884
~~ombudsperson~~ombudsman program who is responsible for monitoring	15885
the regional program's compliance with this section;	15886

(4) A court, hearing officer, or other necessary individual	15887
involved in a case dealing with any of the following:	15888

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

15889

(b) Employment or unemployment benefits of the applicant or	15890
employee;	15891

(c) A civil or criminal action regarding the medicaid program	15892
or a program the department of aging administers.	15893

(H) In a tort or other civil action for damages that is	15894
brought as the result of an injury, death, or loss to person or	15895
property caused by an applicant or employee who ~~the office of the~~	15896
~~state long-term care ombudsperson program~~a responsible party	15897
employs in a position that involves providing ~~ombudsperson~~	15898
ombudsman services to residents and recipients, all of the	15899
following shall apply:	15900

(1) If the ~~office~~responsible party employed the applicant or	15901
employee in good faith and reasonable reliance on the report of a	15902
criminal records check requested under this section, the ~~office~~	15903
responsible party shall not be found negligent solely because of	15904
its reliance on the report, even if the information in the report	15905
is determined later to have been incomplete or inaccurate.	15906

(2) If the ~~office~~responsible party employed the applicant in	15907
good faith on a conditional basis pursuant to division (F) of this	15908
section, the ~~office~~responsible party shall not be found	15909
negligent solely because it employed the applicant prior to	15910
receiving the report of a criminal records check requested under	15911
this section.	15912

(3) If the ~~office~~responsible party in good faith employed	15913
the applicant or employee ~~according to~~because the ~~personal~~	15914
~~character~~applicant or employee meets standards ~~established~~	15915
specified in rules adopted under this section, the ~~office~~	15916
responsible party shall not be found negligent solely because the	15917
applicant or employee has been convicted of, pleaded guilty to, or	15918
been found eligible for intervention in lieu of conviction for a	15919
disqualifying offense.	15920

(I) The state long-term care ombudsman may not act as the	15921
director of aging's designee for the purpose of this section. The	15922
head of a regional long-term care ombudsman program may not act as	15923
the regional program's designee for the purpose of this section if	15924
the head is the employee for whom a database review or criminal	15925
records check is being conducted.	15926

(J) The director of aging shall adopt rules in accordance	15927
with Chapter 119. of the Revised Code to implement this section.	15928

(1) The rules may do the following:

15929

(a) Require employees to undergo database reviews and	15930
criminal records checks under this section;	15931

(b) If the rules require employees to undergo database	15932
reviews and criminal records checks under this section, exempt one	15933
or more classes of employees from the requirements;	15934

(c) For the purpose of division (D)(7) of this section,	15935
specify other databases that are to be checked as part of a	15936
database review conducted under this section.	15937

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

15938

(a) The procedures for conducting database reviews under this	15939
section;	15940

(b) If the rules require employees to undergo database	15941
reviews and criminal records checks under this section, the times	15942
at which the database reviews and criminal records checks are to	15943
be conducted;	15944

(c) If the rules specify other databases to be checked as	15945
part of the database reviews, the circumstances under which ~~the~~	15946
~~office of the state long-term care ombudsperson program~~a	15947
responsible party is prohibited from employing an applicant or	15948
continuing to employ an employee who is found by a database review	15949
to be included in one or more of those databases;	15950

(d) ~~Circumstances under which the office of the state~~	15951
~~long-term care ombudsperson program may employ~~Standards that an	15952
applicant or employee ~~who~~must meet for a responsible party to be	15953
permitted to employ the applicant or continue to employ the	15954
employee in a position that involves providing ombudsman services	15955
to residents and recipients if the applicant or employee is found	15956
by a criminal records check required by this section to have been	15957
convicted of, pleaded guilty to, or been found eligible for	15958
intervention in lieu of conviction for a disqualifying offense	15959
~~but meets personal character standards~~.	15960

Sec. 173.28. (A)(1) As used in this division, "incident"	15961
means the occurrence of a violation with respect to a resident or	15962
recipient, as those terms are defined in section 173.14 of the	15963
Revised Code. A violation is a separate incident for each day it	15964
occurs and for each resident who is subject to it.	15965

In lieu of the fine that may be imposed under division (A) of	15966
section 173.99 of the Revised Code, the director of aging may,	15967
under Chapter 119. of the Revised Code, fine a long-term care	15968
provider or other entity, or a person employed by a long-term care	15969
provider or other entity, for a violation of division (C) of	15970
section 173.24 of the Revised Code. The fine shall not exceed one	15971
thousand dollars per incident.	15972

(2) In lieu of the fine that may be imposed under division	15973
(C) of section 173.99 of the Revised Code, the director may, under	15974
Chapter 119. of the Revised Code, fine a long-term care provider	15975
or other entity, or a person employed by a long-term care provider	15976
or other entity, for violating division (E) of section 173.19 of	15977
the Revised Code by denying a representative of the office of the	15978
state long-term care ~~ombudsperson~~ombudsman program the access	15979
required by that division. The fine shall not exceed five hundred	15980
dollars for each day the violation continued.	15981

(B) On request of the director, the attorney general shall	15982
bring and prosecute to judgment a civil action to collect any fine	15983
imposed under division (A)(1) or (2) of this section that remains	15984
unpaid thirty days after the violator's final appeal is exhausted.	15985

(C) All fines collected under this section shall be deposited	15986
into the state treasury to the credit of the state long-term care	15987
~~ombudsperson~~ombudsman program fund created under section 173.26	15988
of the Revised Code.	15989

~~Sec. 173.394.~~ Sec. 173.38. (A) As used in this section:

15990

(1) "Applicant" means a person who is under final	15991
consideration for employment with a ~~community-based long-term care~~	15992
~~agency~~responsible party in a full-time, part-time, or temporary	15993
direct-care position ~~that involves providing direct care to an~~	15994
~~individual~~ or is referred to a ~~community-based long-term care~~	15995
~~agency~~responsible party by an employment service for such a	15996
position. "Applicant" does not include a person ~~who provides~~	15997
~~direct care to an individual~~being considered for a direct-care	15998
position as a volunteer ~~without receiving or expecting to receive~~	15999
~~any form of remuneration other than reimbursement for actual~~	16000
~~expenses~~.	16001

(2) "Area agency on aging" has the same meaning as in section	16002
173.14 of the Revised Code.	16003

(3) "Community-based long-term care services" means	16004
community-based long-term care services, as defined in section	16005
173.14 of the Revised Code, that are provided under a program the	16006
department of aging administers.	16007

(4) "Consumer" means an individual who receives	16008
community-based long-term care services.	16009

(5) "Criminal records check" has the same meaning as in	16010
section 109.572 of the Revised Code.	16011

(6) "Direct-care position" means an employment position in	16012
which an employee has either or both of the following:	16013

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

16014

(ii) Access to one or more consumers' personal property or	16015
records.	16016

(7) "Disqualifying offense" means any of the offenses listed	16017
or described in divisions (A)(3)(a) to (e) of section 109.572 of	16018
the Revised Code.	16019

(8) "Employee" means a person employed by a ~~community-based~~	16020
~~long-term care agency~~responsible party in a full-time, part-time,	16021
or temporary direct-care position ~~that involves providing direct~~	16022
~~care to an individual~~ and a person who works in such a position	16023
due to being referred to a ~~community-based long-term care agency~~	16024
responsible party by an employment service. "Employee" does not	16025
include a person who ~~provides direct care to an individual~~works	16026
in a direct-care position as a volunteer ~~without receiving or~~	16027
~~expecting to receive any form of remuneration other than~~	16028
~~reimbursement for actual expenses~~.	16029

(9) "PASSPORT administrative agency" has the same meaning as	16030
in section 173.42 of the Revised Code.	16031

(10) "Provider" has the same meaning as in section 173.39 of	16032
the Revised Code.	16033

(11) "Responsible party" means the following:

16034

(a) An area agency on aging in the case of either of the	16035
following:	16036

(i) A person who is an applicant because the person is under	16037
final consideration for employment with the agency in a full-time,	16038
part-time, or temporary direct-care position or is referred to the	16039
agency by an employment service for such a position;	16040

(ii) A person who is an employee because the person is	16041
employed by the agency in a full-time, part-time, or temporary	16042
direct-care position or works in such a position due to being	16043
referred to the agency by an employment service.	16044

(b) A PASSPORT administrative agency in the case of either of	16045
the following:	16046

(i) A person who is an applicant because the person is under	16047
final consideration for employment with the agency in a full-time,	16048
part-time, or temporary direct-care position or is referred to the	16049
agency by an employment service for such a position;	16050

(ii) A person who is an employee because the person is	16051
employed by the agency in a full-time, part-time, or temporary	16052
direct-care position or works in such a position due to being	16053
referred to the agency by an employment service.	16054

16055

(i) A person who is an applicant because the person is under	16056
final consideration for employment with the provider in a	16057
full-time, part-time, or temporary direct-care position or is	16058
referred to the provider by an employment service for such a	16059
position;	16060

(ii) A person who is an employee because the person is	16061
employed by the provider in a full-time, part-time, or temporary	16062
direct-care position or works in such a position due to being	16063
referred to the provider by an employment service.	16064

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

16065

(i) A person who is an applicant because the person is under	16066
final consideration for employment with the subcontractor in a	16067
full-time, part-time, or temporary direct-care position or is	16068
referred to the subcontractor by an employment service for such a	16069
position;	16070

(ii) A person who is an employee because the person is	16071
employed by the subcontractor in a full-time, part-time, or	16072
temporary direct-care position or works in such a position due to	16073
being referred to the subcontractor by an employment service.	16074

(12) "Subcontractor" has the meaning specified in rules	16075
adopted under this section.	16076

(13) "Volunteer" means a person who serves in a direct-care	16077
position without receiving or expecting to receive any form of	16078
remuneration other than reimbursement for actual expenses.	16079

(14) "Waiver agency" has the same meaning as in section	16080
~~5111.033~~5164.342 of the Revised Code.	16081

(B) This section does not apply to any individual who is	16082
subject to a database review or criminal records check under	16083
section 3701.881 of the Revised Code or to any individual who is	16084
subject to a criminal records check under section 3721.121 of the	16085
Revised Code. If a ~~community-based long-term care agency~~provider	16086
or subcontractor also is a waiver agency, the ~~agency~~provider or	16087
subcontractor may provide for applicants and employees to undergo	16088
database reviews and criminal records checks in accordance with	16089
section ~~5111.033~~5164.342 of the Revised Code rather than this	16090
section.	16091

(C) No ~~community-based long-term care agency~~responsible	16092
party shall employ an applicant or continue to employ an employee	16093
in a direct-care position ~~that involves providing direct care to~~	16094
~~an individual~~ if any of the following apply:	16095

(1) A review of the databases listed in division (E) of this	16096
section reveals any of the following:	16097

(a) That the applicant or employee is included in one or more	16098
of the databases listed in divisions (E)(1) to (5) of this	16099
section;	16100

(b) That there is in the state nurse aide registry	16101
established under section 3721.32 of the Revised Code a statement	16102
detailing findings by the director of health that the applicant or	16103
employee neglected or abused a long-term care facility or	16104
residential care facility resident or misappropriated property of	16105
such a resident;	16106

(c) That the applicant or employee is included in one or more	16107
of the databases, if any, specified in rules adopted under this	16108
section and the rules prohibit the ~~agency~~responsible party from	16109
employing an applicant or continuing to employ an employee	16110
included in such a database in a direct-care position ~~that~~	16111
~~involves providing direct care to an individual~~.	16112

(2) After the applicant or employee is provided, pursuant to	16113
division (F)(2)(a) of this section, a copy of the form prescribed	16114
pursuant to division (C)(1) of section 109.572 of the Revised Code	16115
and the standard impression sheet prescribed pursuant to division	16116
(C)(2) of that section, the applicant or employee fails to	16117
complete the form or provide the applicant's or employee's	16118
fingerprint impressions on the standard impression sheet.	16119

(3) ~~Except as provided~~Unless the applicant or employee meets	16120
standards specified in rules adopted under this section, the	16121
applicant or employee is found by a criminal records check	16122
required by this section to have been convicted of, pleaded guilty	16123
to, or been found eligible for intervention in lieu of conviction	16124
for a disqualifying offense.	16125

(D) Except as provided by division (G) of this section, the	16126
chief administrator of a ~~community-based long-term care agency~~	16127
responsible party shall inform each applicant of both of the	16128
following at the time of the applicant's initial application for	16129
employment or referral to the ~~agency~~responsible party by an	16130
employment service for a direct-care position ~~that involves~~	16131
~~providing direct care to an individual~~:	16132

(1) That a review of the databases listed in division (E) of	16133
this section will be conducted to determine whether the ~~agency~~	16134
responsible party is prohibited by division (C)(1) of this section	16135
from employing the applicant in the direct-care position;	16136

(2) That, unless the database review reveals that the	16137
applicant may not be employed in the direct-care position, a	16138
criminal records check of the applicant will be conducted and the	16139
applicant is required to provide a set of the applicant's	16140
fingerprint impressions as part of the criminal records check.	16141

(E) As a condition of employing any applicant in a	16142
direct-care position ~~that involves providing direct care to an~~	16143
~~individual~~, the chief administrator of a ~~community-based long-term~~	16144
~~care agency~~responsible party shall conduct a database review of	16145
the applicant in accordance with rules adopted under this section.	16146
If rules adopted under this section so require, the chief	16147
administrator of a ~~community-based long-term care agency~~	16148
responsible party shall conduct a database review of an employee	16149
in accordance with the rules as a condition of continuing to	16150
employ the employee in a direct-care position ~~that involves~~	16151
~~providing direct care to an individual~~. However, a chief	16152
administrator is not required to conduct a database review of an	16153
applicant or employee if division (G) of this section applies. A	16154
database review shall determine whether the applicant or employee	16155
is included in any of the following:	16156

(1) The excluded parties list system that is maintained by	16157
the United States general services administration pursuant to	16158
subpart 9.4 of the federal acquisition regulation and available at	16159
the federal web site known as the system for award management;	16160

(2) The list of excluded individuals and entities maintained	16161
by the office of inspector general in the United States department	16162
of health and human services pursuant to ~~section 1128 of~~ the	16163
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	16164
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	16165
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	16166
~~amended~~;	16167

(3) The registry of MR/DD employees established under section	16168
5123.52 of the Revised Code;	16169

(4) The internet-based sex offender and child-victim offender	16170
database established under division (A)(11) of section 2950.13 of	16171
the Revised Code;	16172

(5) The internet-based database of inmates established under	16173
section 5120.66 of the Revised Code;	16174

(6) The state nurse aide registry established under section	16175
3721.32 of the Revised Code;	16176

(7) Any other database, if any, specified in rules adopted	16177
under this section.	16178

(F)(1) As a condition of employing any applicant in a	16179
direct-care position ~~that involves providing direct care to an~~	16180
~~individual~~, the chief administrator of a ~~community-based long-term~~	16181
~~care agency~~responsible party shall request that the	16182
superintendent of the bureau of criminal identification and	16183
investigation conduct a criminal records check of the applicant.	16184
If rules adopted under this section so require, the chief	16185
administrator of a ~~community-based long-term care agency~~	16186
responsible party shall request that the superintendent conduct a	16187
criminal records check of an employee at times specified in the	16188
rules as a condition of continuing to employ the employee in a	16189
direct-care position ~~that involves providing direct care to an~~	16190
~~individual~~. However, the chief administrator is not required to	16191
request the criminal records check of the applicant or employee if	16192
division (G) of this section applies or the ~~agency~~responsible	16193
party is prohibited by division (C)(1) of this section from	16194
employing the applicant or continuing to employ the employee in a	16195
direct-care position ~~that involves providing direct care to an~~	16196
~~individual~~. If an applicant or employee for whom a criminal	16197
records check request is required by this section does not present	16198
proof of having been a resident of this state for the five-year	16199
period immediately prior to the date the criminal records check is	16200
requested or provide evidence that within that five-year period	16201
the superintendent has requested information about the applicant	16202
or employee from the federal bureau of investigation in a criminal	16203
records check, the chief administrator shall request that the	16204
superintendent obtain information from the federal bureau of	16205
investigation as part of the criminal records check. Even if an	16206
applicant or employee for whom a criminal records check request is	16207
required by this section presents proof of having been a resident	16208
of this state for the five-year period, the chief administrator	16209
may request that the superintendent include information from the	16210
federal bureau of investigation in the criminal records check.	16211

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

16212

(a) Provide to each applicant and employee for whom a	16213
criminal records check request is required by this section a copy	16214
of the form prescribed pursuant to division (C)(1) of section	16215
109.572 of the Revised Code and a standard impression sheet	16216
prescribed pursuant to division (C)(2) of that section;	16217

(b) Obtain the completed form and standard impression sheet	16218
from the applicant or employee;	16219

(c) Forward the completed form and standard impression sheet	16220
to the superintendent.	16221

(3) A ~~community-based long-term care agency~~responsible party	16222
shall pay to the bureau of criminal identification and	16223
investigation the fee prescribed pursuant to division (C)(3) of	16224
section 109.572 of the Revised Code for each criminal records	16225
check the ~~agency~~responsible party requests under this section. An	16226
~~agency~~A responsible party may charge an applicant a fee not	16227
exceeding the amount the ~~agency~~responsible party pays to the	16228
bureau under this section if both of the following apply:	16229

(a) The ~~agency~~responsible party notifies the applicant at	16230
the time of initial application for employment of the amount of	16231
the fee and that, unless the fee is paid, the applicant will not	16232
be considered for employment.	16233

(b) The medicaid program ~~established under Chapter 5111. of~~	16234
~~the Revised Code~~ does not ~~reimburse~~pay the ~~agency~~responsible	16235
party for the fee it pays to the bureau under this section.	16236

(G) Divisions (D) to (F) of this section do not apply with	16237
regard to an applicant or employee if the applicant or employee is	16238
referred to a ~~community-based long-term agency~~responsible party	16239
by an employment service that supplies full-time, part-time, or	16240
temporary staff for direct-care positions ~~that involve providing~~	16241
~~direct care to an individual~~ and both of the following apply:	16242

(1) The chief administrator of the ~~agency~~responsible party	16243
receives from the employment service confirmation that a review of	16244
the databases listed in division (E) of this section was conducted	16245
of the applicant or employee.	16246

(2) The chief administrator of the ~~agency~~responsible party	16247
receives from the employment service, applicant, or employee a	16248
report of the results of a criminal records check of the applicant	16249
or employee that has been conducted by the superintendent within	16250
the one-year period immediately preceding the following:	16251

(a) In the case of an applicant, the date of the applicant's	16252
referral by the employment service to the ~~agency~~responsible	16253
party;	16254

(b) In the case of an employee, the date by which the ~~agency~~	16255
responsible party would otherwise have to request a criminal	16256
records check of the employee under division (F) of this section.	16257

(H)(1) A ~~community-based long-term care agency~~responsible	16258
party may employ conditionally an applicant for whom a criminal	16259
records check request is required by this section prior to	16260
obtaining the results of the criminal records check if the ~~agency~~	16261
responsible party is not prohibited by division (C)(1) of this	16262
section from employing the applicant in a direct-care position	16263
~~that involves providing direct care to an individual~~ and either of	16264
the following applies:	16265

(a) The chief administrator of the ~~agency~~responsible party	16266
requests the criminal records check in accordance with division	16267
(F) of this section not later than five business days after the	16268
applicant begins conditional employment.	16269

(b) The applicant is referred to the ~~agency~~responsible party	16270
by an employment service, the employment service or the applicant	16271
provides the chief administrator of the ~~agency~~responsible party a	16272
letter that is on the letterhead of the employment service, the	16273
letter is dated and signed by a supervisor or another designated	16274
official of the employment service, and the letter states all of	16275
the following:	16276

(i) That the employment service has requested the	16277
superintendent to conduct a criminal records check regarding the	16278
applicant;	16279

(ii) That the requested criminal records check is to include	16280
a determination of whether the applicant has been convicted of,	16281
pleaded guilty to, or been found eligible for intervention in lieu	16282
of conviction for a disqualifying offense;	16283

(iii) That the employment service has not received the	16284
results of the criminal records check as of the date set forth on	16285
the letter;	16286

(iv) That the employment service promptly will send a copy of	16287
the results of the criminal records check to the chief	16288
administrator of the ~~agency~~responsible party when the employment	16289
service receives the results.	16290

(2) If a ~~community-based long-term care agency~~responsible	16291
party employs an applicant conditionally pursuant to division	16292
(H)(1)(b) of this section, the employment service, on its receipt	16293
of the results of the criminal records check, promptly shall send	16294
a copy of the results to the chief administrator of the ~~agency~~	16295
responsible party.	16296

(3) A ~~community-based long-term care agency~~responsible party	16297
that employs an applicant conditionally pursuant to division	16298
(H)(1)(a) or (b) of this section shall terminate the applicant's	16299
employment if the results of the criminal records check, other	16300
than the results of any request for information from the federal	16301
bureau of investigation, are not obtained within the period ending	16302
sixty days after the date the request for the criminal records	16303
check is made. Regardless of when the results of the criminal	16304
records check are obtained, if the results indicate that the	16305
applicant has been convicted of, pleaded guilty to, or been found	16306
eligible for intervention in lieu of conviction for a	16307
disqualifying offense, the ~~agency~~responsible party shall	16308
terminate the applicant's employment unless ~~circumstances~~the	16309
applicant meets standards specified in rules adopted under this	16310
section that permit the ~~agency~~responsible party to employ the	16311
applicant ~~exist~~ and the ~~agency~~responsible party chooses to employ	16312
the applicant. Termination of employment under this division shall	16313
be considered just cause for discharge for purposes of division	16314
(D)(2) of section 4141.29 of the Revised Code if the applicant	16315
makes any attempt to deceive the ~~agency~~responsible party about	16316
the applicant's criminal record.	16317

(I) The report of any criminal records check conducted	16318
pursuant to a request made under this section is not a public	16319
record for the purposes of section 149.43 of the Revised Code and	16320
shall not be made available to any person other than the	16321
following:	16322

(1) The applicant or employee who is the subject of the	16323
criminal records check or the applicant's or employee's	16324
representative;	16325

(2) The chief administrator of the ~~community-based long-term~~	16326
~~care agency~~responsible party requesting the criminal records	16327
check or the administrator's representative;	16328

(3) The administrator of any other facility, agency, or	16329
program that provides ~~direct care to individuals~~community-based	16330
long-term care services that is owned or operated by the same	16331
entity that owns or operates the ~~community-based long-term care~~	16332
~~agency~~responsible party that requested the criminal records	16333
check;	16334

(4) The employment service that requested the criminal	16335
records check;	16336

(5) The director of aging or a person authorized by the	16337
director to monitor a ~~community-based long-term care agency's~~	16338
responsible party's compliance with this section;	16339

(6) The medicaid director ~~of job and family services~~ and the	16340
staff of the department of ~~job and family services~~medicaid who	16341
are involved in the administration of the medicaid program if	16342
either of the following apply:	16343

(a) In the case of a criminal records check requested by a	16344
~~community-based long-term care agency~~provider or subcontractor,	16345
the ~~agency~~provider or subcontractor also is a waiver agency;	16346

(b) In the case of a criminal records check requested by an	16347
employment service, the employment service makes the request for	16348
an applicant or employee the employment service refers to a	16349
~~community-based long-term care agency~~provider or subcontractor	16350
that also is a waiver agency.	16351

(7) A court, hearing officer, or other necessary individual	16352
involved in a case dealing with any of the following:	16353

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

16354

(b) Employment or unemployment benefits of the applicant or	16355
employee;	16356

(c) A civil or criminal action regarding the medicaid program	16357
or a program the department of aging administers.	16358

(J) In a tort or other civil action for damages that is	16359
brought as the result of an injury, death, or loss to person or	16360
property caused by an applicant or employee who a ~~community-based~~	16361
~~long-term care agency~~responsible party employs in a direct-care	16362
position ~~that involves providing direct care to individuals~~, all	16363
of the following shall apply:	16364

(1) If the ~~agency~~responsible party employed the applicant or	16365
employee in good faith and reasonable reliance on the report of a	16366
criminal records check requested under this section, the ~~agency~~	16367
responsible party shall not be found negligent solely because of	16368
its reliance on the report, even if the information in the report	16369
is determined later to have been incomplete or inaccurate.	16370

(2) If the ~~agency~~responsible party employed the applicant in	16371
good faith on a conditional basis pursuant to division (H) of this	16372
section, the ~~agency~~responsible party shall not be found	16373
negligent solely because it employed the applicant prior to	16374
receiving the report of a criminal records check requested under	16375
this section.	16376

(3) If the ~~agency~~responsible party in good faith employed	16377
the applicant or employee ~~according to~~because the ~~personal~~	16378
~~character~~applicant or employee meets standards ~~established~~	16379
specified in rules adopted under this section, the ~~agency~~	16380
responsible party shall not be found negligent solely because the	16381
applicant or employee has been convicted of, pleaded guilty to, or	16382
been found eligible for intervention in lieu of conviction for a	16383
disqualifying offense.	16384

(K) The director of aging shall adopt rules in accordance	16385
with Chapter 119. of the Revised Code to implement this section.	16386

(1) The rules may do the following:

16387

(a) Require employees to undergo database reviews and	16388
criminal records checks under this section;	16389

(b) If the rules require employees to undergo database	16390
reviews and criminal records checks under this section, exempt one	16391
or more classes of employees from the requirements;	16392

(c) For the purpose of division (E)(7) of this section,	16393
specify other databases that are to be checked as part of a	16394
database review conducted under this section.	16395

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

16396

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

16397

(b) The procedures for conducting database reviews under this	16398
section;	16399

~~(b)~~(c) If the rules require employees to undergo database	16400
reviews and criminal records checks under this section, the times	16401
at which the database reviews and criminal records checks are to	16402
be conducted;	16403

~~(c)~~(d) If the rules specify other databases to be checked as	16404
part of the database reviews, the circumstances under which a	16405
~~community-based long-term care agency~~responsible party is	16406
prohibited from employing an applicant or continuing to employ an	16407
employee who is found by a database review to be included in one	16408
or more of those databases;	16409

~~(d) Circumstances under which a community-based long-term~~	16410
~~care agency may employ~~(e) Standards that an applicant or employee	16411
~~who~~must meet for a responsible party to be permitted to employ	16412
the applicant or continue to employ the employee in a direct-care	16413
position if the applicant or employee is found by a criminal	16414
records check required by this section to have been convicted of,	16415
pleaded guilty to, or been found eligible for intervention in lieu	16416
of conviction for a disqualifying offense ~~but meets personal~~	16417
~~character standards~~.	16418

Sec. 173.39. (A) As used in sections 173.39 to ~~173.394~~	16419
173.393 of the Revised Code:	16420

(1) "~~Community-based long-term care agency~~Provider" means a	16421
person or ~~government~~governmental entity that provides	16422
community-based long-term care services under a program the	16423
department of aging administers~~, regardless of whether the person~~	16424
~~or government entity is certified under section 173.391 or~~	16425
~~authorized to receive payment for the services from the department~~	16426
~~under section 173.392 of the Revised Code~~. "~~Community-based~~	16427
~~long-term care agency~~Provider" includes a person or ~~government~~	16428
governmental entity that provides home and community-based	16429
services to older adults through the PASSPORT program ~~created~~	16430
~~under~~as defined in section ~~173.40~~173.51 of the Revised Code.	16431

(2) "Community-based long-term care services" has the same	16432
meaning as in section 173.14 of the Revised Code.	16433

(B) Except as provided in section 173.392 of the Revised	16434
Code, the department of aging may not pay a ~~person or government~~	16435
~~entity~~provider for providing community-based long-term care	16436
services under a program the department administers unless the	16437
~~person or government entity~~provider is certified under section	16438
173.391 of the Revised Code and provides the services.	16439

Sec. 173.391. (A) The department of aging or its designee	16440
shall do all of the following in accordance with Chapter 119. of	16441
the Revised Code:	16442

(1) Certify a ~~person or government entity~~provider to provide	16443
community-based long-term care services under a program the	16444
department administers if the ~~person or government entity~~provider	16445
satisfies the requirements for certification established by rules	16446
adopted under division (B) of this section and pays the fee, if	16447
any, established by rules adopted under division (G) of this	16448
section;	16449

(2) When required to do so by rules adopted under division	16450
(B) of this section, take one or more of the following	16451
disciplinary actions against a ~~person or government entity~~	16452
provider certified under division (A)(1) of this section:	16453

(a) Issue a written warning;

16454

(b) Require the submission of a plan of correction or	16455
evidence of compliance with requirements identified by the	16456
department;	16457

16458

(d) Remove clients;

16459

(e) Impose a fiscal sanction such as a civil monetary penalty	16460
or an order that unearned funds be repaid;	16461

(f) Suspend the certification;

16462

(g) Revoke the certification;

16463

(h) Impose another sanction.

16464

(3) Except as provided in division (E) of this section, hold	16465
hearings when there is a dispute between the department or its	16466
designee and a ~~person or government entity~~provider concerning	16467
actions the department or its designee takes regarding a decision	16468
not to certify the ~~person or government entity~~provider under	16469
division (A)(1) of this section or a disciplinary action under	16470
divisions (A)(2)(e) to (h) of this section.	16471

(B) The director of aging shall adopt rules in accordance	16472
with Chapter 119. of the Revised Code establishing certification	16473
requirements and standards for determining which type of	16474
disciplinary action to take under division (A)(2) of this section	16475
in individual situations. The rules shall establish procedures for	16476
all of the following:	16477

(1) Ensuring that ~~community-based long-term care agencies~~	16478
providers comply with section ~~173.394~~173.38 of the Revised Code;	16479

(2) Evaluating the services provided by the ~~agencies~~	16480
providers to ensure that the services are provided in a quality	16481
manner advantageous to the individual receiving the services;	16482

(3) Determining when to take disciplinary action under	16483
division (A)(2) of this section and which disciplinary action to	16484
take;	16485

(4) Determining what constitutes another sanction for	16486
purposes of division (A)(2)(h) of this section.	16487

(C) The procedures established in rules adopted under	16488
division (B)(2) of this section shall require that all of the	16489
following be considered as part of an evaluation described in	16490
division (B)(2) of this section:	16491

(1) The ~~community-based long-term care agency's~~provider's	16492
experience and financial responsibility;	16493

(2) The ~~agency's~~provider's ability to comply with standards	16494
for the community-based long-term care services that the ~~agency~~	16495
provider provides under a program the department administers;	16496

(3) The ~~agency's~~provider's ability to meet the needs of the	16497
individuals served;	16498

(4) Any other factor the director considers relevant.

16499

(D) The rules adopted under division (B)(3) of this section	16500
shall specify that the reasons disciplinary action may be taken	16501
under division (A)(2) of this section include good cause,	16502
including misfeasance, malfeasance, nonfeasance, confirmed abuse	16503
or neglect, financial irresponsibility, or other conduct the	16504
director determines is injurious, or poses a threat, to the health	16505
or safety of individuals being served.	16506

(E) Subject to division (F) of this section, the department	16507
is not required to hold hearings under division (A)(3) of this	16508
section if any of the following conditions apply:	16509

(1) Rules adopted by the director of aging pursuant to this	16510
chapter require the ~~community-based long-term care agency~~provider	16511
to be a party to a provider agreement; hold a license,	16512
certificate, or permit; or maintain a certification, any of which	16513
is required or issued by a state or federal government entity	16514
other than the department of aging, and either of the following is	16515
the case:	16516

(a) The provider agreement has not been entered into or the	16517
license, certificate, permit, or certification has not been	16518
obtained or maintained.	16519

(b) The provider agreement, license, certificate, permit, or	16520
certification has been denied, revoked, not renewed, or suspended	16521
or has been otherwise restricted.	16522

(2) The ~~agency's~~provider's certification under this section	16523
has been denied, suspended, or revoked for any of the following	16524
reasons:	16525

(a) A ~~government~~governmental entity of this state, other	16526
than the department of aging, has terminated or refused to renew	16527
any of the following held by, or has denied any of the following	16528
sought by, a ~~community-based long-term care agency~~provider: a	16529
provider agreement, license, certificate, permit, or	16530
certification. Division (E)(2)(a) of this section applies	16531
regardless of whether the ~~agency~~provider has entered into a	16532
provider agreement in, or holds a license, certificate, permit, or	16533
certification issued by, another state.	16534

(b) The ~~agency~~provider or a principal owner or manager of	16535
the ~~agency~~provider who provides direct care has entered a guilty	16536
plea for, or has been convicted of, an offense materially related	16537
to the medicaid program.	16538

(c) The ~~agency~~provider or a principal owner or manager of	16539
the ~~agency~~provider who provides direct care has entered a guilty	16540
plea for, been convicted of, or been found eligible for	16541
intervention in lieu of conviction for an offense listed or	16542
described in divisions (A)(3)(a) to (e) of section 109.572 of the	16543
Revised Code, but only if ~~none of the personal character~~the	16544
provider, principal owner, or manager does not meet standards	16545
~~established~~specified by the director in rules adopted under	16546
section ~~173.394~~173.38 of the Revised Code ~~apply~~.	16547

(d) The United States department of health and human services	16548
has taken adverse action against the ~~agency~~provider and that	16549
action impacts the ~~agency's~~provider's participation in the	16550
medicaid program.	16551

(e) The ~~agency~~provider has failed to enter into or renew a	16552
provider agreement with the PASSPORT administrative agency, as	16553
that term is defined in section 173.42 of the Revised Code, that	16554
administers programs on behalf of the department of aging in the	16555
region of the state in which the ~~agency~~provider is certified to	16556
provide services.	16557

(f) The ~~agency~~provider has not billed or otherwise submitted	16558
a claim to the department for payment under the medicaid program	16559
in at least two years.	16560

(g) The ~~agency~~provider denied or failed to provide the	16561
department or its designee access to the ~~agency's~~provider's	16562
facilities during the ~~agency's~~provider's normal business hours	16563
for purposes of conducting an audit or structural compliance	16564
review.	16565

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

16566

(i) The ~~agency~~provider has voluntarily relinquished its	16567
certification for any reason.	16568

(3) The ~~agency's~~provider's provider agreement with the	16569
department of ~~job and family services~~medicaid has been suspended	16570
under division (C) of section ~~5111.031~~5164.37 of the Revised	16571
Code.	16572

(4) The ~~agency's~~provider's provider agreement with the	16573
department of ~~job and family services~~medicaid is denied or	16574
revoked because the ~~agency~~provider or its owner, officer,	16575
authorized agent, associate, manager, or employee has been	16576
convicted of an offense that caused the provider agreement to be	16577
suspended under section ~~5111.031~~5164.37 of the Revised Code.	16578

(F) If the department does not hold hearings when any	16579
condition described in division (E) of this section applies, the	16580
department may send a notice to the ~~agency~~provider describing a	16581
decision not to certify the ~~agency~~provider under division (A)(1)	16582
of this section or the disciplinary action the department proposes	16583
to take under division (A)(2)(e) to (h) of this section. The	16584
notice shall be sent to the ~~agency's~~provider's address that is on	16585
record with the department and may be sent by regular mail.	16586

(G) The director of aging may adopt rules in accordance with	16587
Chapter 119. of the Revised Code establishing a fee to be charged	16588
by the department of aging or its designee for certification	16589
issued under this section.	16590

All fees collected by the department or its designee under	16591
this section shall be deposited in the state treasury to the	16592
credit of the provider certification fund, which is hereby	16593
created. Money credited to the fund shall be used to pay for	16594
community-based long-term care services, administrative costs	16595
associated with ~~community-based long-term care agency~~provider	16596
certification under this section, and administrative costs related	16597
to the publication of the Ohio long-term care consumer guide.	16598

Sec. 173.392. (A) The department of aging may pay a ~~person or~~	16599
~~government entity~~provider for providing community-based long-term	16600
care services under a program the department administers, even	16601
though the ~~person or government entity~~provider is not certified	16602
under section 173.391 of the Revised Code, if all of the following	16603
are the case:	16604

(1) The ~~person or government entity~~provider has a contract	16605
with the department of aging or the department's designee to	16606
provide the services in accordance with the contract or has	16607
received a grant from the department or its designee to provide	16608
the services in accordance with a grant agreement;	16609

(2) The contract or grant agreement includes detailed	16610
conditions of participation for ~~providers of services under a~~	16611
~~program the department administers~~the provider and service	16612
standards that the ~~person or government entity~~provider is	16613
required to satisfy;	16614

(3) The ~~person or government entity~~provider complies with	16615
the contract or grant agreement;	16616

(4) The contract or grant is not for medicaid-funded	16617
services, other than services provided under the PACE program	16618
administered by the department of aging under section 173.50 of	16619
the Revised Code.	16620

(B) The director of aging shall adopt rules in accordance	16621
with Chapter 119. of the Revised Code governing both of the	16622
following:	16623

(1) Contracts and grant agreements between the department of	16624
aging or its designee and ~~persons and government entities~~	16625
~~regarding community-based long-term care services provided under a~~	16626
~~program the department administers~~providers;	16627

(2) The department's payment for community-based long-term	16628
care services under this section.	16629

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	16630
the Revised Code:	16631

(1) "Area agency on aging" means a public or private	16632
nonprofit entity designated under section 173.011 of the Revised	16633
Code to administer programs on behalf of the department of aging.	16634

(2) "Department of aging-administered medicaid waiver	16635
component" means each of the following:	16636

(a) The medicaid-funded component of the PASSPORT program	16637
created under section ~~173.40~~173.52 of the Revised Code;	16638

(b) The choices program created under section ~~173.403~~173.53	16639
of the Revised Code;	16640

(c) The medicaid-funded component of the assisted living	16641
program created under section ~~5111.89~~173.54 of the Revised Code;	16642

(d) Any other medicaid waiver component, as defined in	16643
section ~~5111.85~~5166.01 of the Revised Code, that the department	16644
of aging administers pursuant to an interagency agreement with the	16645
department of ~~job and family services~~medicaid under section	16646
~~5111.91~~5162.35 of the Revised Code.	16647

(3) "Home and community-based services covered by medicaid	16648
components the department of aging administers" means all of the	16649
following:	16650

(a) Medicaid waiver services available to a participant in a	16651
department of aging-administered medicaid waiver component;	16652

(b) The following medicaid state plan services available to a	16653
participant in a department of aging-administered medicaid waiver	16654
component as specified in rules adopted under section ~~5111.02~~	16655
5164.02 of the Revised Code:	16656

(i) Home health services;

16657

(ii) Private duty nursing services;

16658

(iii) Durable medical equipment;

16659

(iv) Services of a clinical nurse specialist;

16660

(v) Services of a certified nurse practitioner.

16661

16662

(4) "Long-term care consultation" or "consultation" means the	16663
consultation service made available by the department of aging or	16664
a program administrator through the long-term care consultation	16665
program established pursuant to this section.	16666

(5) ~~"Medicaid" means the medical assistance program~~	16667
~~established under Chapter 5111. of the Revised Code.~~	16668

~~(6)~~ "Nursing facility" has the same meaning as in section	16669
~~5111.20~~5165.01 of the Revised Code.	16670

~~(7)~~(6) "PACE program" means the component of the medicaid	16671
program the department of aging administers pursuant to section	16672
173.50 of the Revised Code.	16673

~~(8)~~(7) "PASSPORT administrative agency" means an entity under	16674
contract with the department of aging to provide administrative	16675
services regarding the PASSPORT program.	16676

~~(9)~~(8) "Program administrator" means an area agency on aging	16677
or other entity under contract with the department of aging to	16678
administer the long-term care consultation program in a geographic	16679
region specified in the contract.	16680

~~(10)~~(9) "Representative" means a person acting on behalf of	16681
an individual specified in division (G) of this section. A	16682
representative may be a family member, attorney, hospital social	16683
worker, or any other person chosen to act on behalf of the	16684
individual.	16685

(B) The department of aging shall develop a long-term care	16686
consultation program whereby individuals or their representatives	16687
are provided with long-term care consultations and receive through	16688
these professional consultations information about options	16689
available to meet long-term care needs and information about	16690
factors to consider in making long-term care decisions. The	16691
long-term care consultations provided under the program may be	16692
provided at any appropriate time, as permitted or required under	16693
this section and the rules adopted under it, including either	16694
prior to or after the individual who is the subject of a	16695
consultation has been admitted to a nursing facility or granted	16696
assistance in receiving home and community-based services covered	16697
by medicaid components the department of aging administers.	16698

(C) The long-term care consultation program shall be	16699
administered by the department of aging, except that the	16700
department may have the program administered on a regional basis	16701
by one or more program administrators. The department and each	16702
program administrator shall administer the program in such a	16703
manner that all of the following are included:	16704

(1) Coordination and collaboration with respect to all	16705
available funding sources for long-term care services;	16706

(2) Assessments of individuals regarding their long-term care	16707
service needs;	16708

(3) Assessments of individuals regarding their on-going	16709
eligibility for long-term care services;	16710

(4) Procedures for assisting individuals in obtaining access	16711
to, and coordination of, health and supportive services, including	16712
department of aging-administered medicaid waiver components;	16713

(5) Priorities for using available resources efficiently and	16714
effectively.	16715

(D) The program's long-term care consultations shall be	16716
provided by individuals certified by the department under section	16717
173.422 of the Revised Code.	16718

(E) The information provided through a long-term care	16719
consultation shall be appropriate to the individual's needs and	16720
situation and shall address all of the following:	16721

(1) The availability of any long-term care options open to	16722
the individual;	16723

(2) Sources and methods of both public and private payment	16724
for long-term care services;	16725

(3) Factors to consider when choosing among the available	16726
programs, services, and benefits;	16727

(4) Opportunities and methods for maximizing independence and	16728
self-reliance, including support services provided by the	16729
individual's family, friends, and community.	16730

(F) An individual's long-term care consultation may include	16731
an assessment of the individual's functional capabilities. The	16732
consultation may incorporate portions of the determinations	16733
required under sections ~~5111.202, 5119.061~~5119.40, ~~and~~ 5123.021,	16734
and 5165.03 of the Revised Code and may be provided concurrently	16735
with the assessment required under section ~~5111.204~~173.546 or	16736
5165.04 of the Revised Code.	16737

(G)(1) Unless an exemption specified in division (I) of this	16738
section is applicable, each of the following shall be provided	16739
with a long-term care consultation:	16740

(a) An individual who applies or indicates an intention to	16741
apply for admission to a nursing facility, regardless of the	16742
source of payment to be used for the individual's care in a	16743
nursing facility;	16744

(b) An individual who requests a long-term care consultation;

16745

(c) An individual identified by the department or a program	16746
administrator as being likely to benefit from a long-term care	16747
consultation.	16748

(2) In addition to the individuals specified in division	16749
(G)(1) of this section, a long-term care consultation may be	16750
provided to a nursing facility resident regardless of the source	16751
of payment being used for the resident's care in the nursing	16752
facility.	16753

(H)(1) Except as provided in division (H)(2) or (3) of this	16754
section, a long-term care consultation provided pursuant to	16755
division (G) of this section shall be provided as follows:	16756

(a) If the individual for whom the consultation is being	16757
provided has applied for medicaid and the consultation is being	16758
provided concurrently with the assessment required under section	16759
~~5111.204~~5165.04 of the Revised Code, the consultation shall be	16760
completed in accordance with the applicable time frames specified	16761
in that section for providing a level of care determination based	16762
on the assessment.	16763

(b) In all other cases, the consultation shall be provided	16764
not later than five calendar days after the department or program	16765
administrator receives notice of the reason for which the	16766
consultation is to be provided pursuant to division (G) of this	16767
section.	16768

(2) An individual or the individual's representative may	16769
request that a long-term care consultation be provided on a date	16770
that is later than the date required under division (H)(1)(a) or	16771
(b) of this section.	16772

(3) If a long-term care consultation cannot be completed	16773
within the number of days required by division (H)(1) or (2) of	16774
this section, the department or program administrator may do any	16775
of the following:	16776

(a) In the case of an individual specified in division (G)(1)	16777
of this section, exempt the individual from the consultation	16778
pursuant to rules that may be adopted under division (L) of this	16779
section;	16780

(b) In the case of an applicant for admission to a nursing	16781
facility, provide the consultation after the individual is	16782
admitted to the nursing facility;	16783

(c) In the case of a resident of a nursing facility, provide	16784
the consultation as soon as practicable.	16785

(I) An individual is not required to be provided a long-term	16786
care consultation under division (G)(1) of this section if any of	16787
the following apply:	16788

(1) The department or program administrator has attempted to	16789
provide the consultation, but the individual or the individual's	16790
representative refuses to cooperate;	16791

(2) The individual is to receive care in a nursing facility	16792
under a contract for continuing care as defined in section 173.13	16793
of the Revised Code;	16794

(3) The individual has a contractual right to admission to a	16795
nursing facility operated as part of a system of continuing care	16796
in conjunction with one or more facilities that provide a less	16797
intensive level of services, including a residential care facility	16798
licensed under Chapter 3721. of the Revised Code, a residential	16799
facility licensed under section ~~5119.22~~5119.34 of the Revised	16800
Code that provides accommodations, supervision, and personal care	16801
services for three to sixteen unrelated adults, or an independent	16802
living arrangement;	16803

(4) The individual is to receive continual care in a home for	16804
the aged exempt from taxation under section 5701.13 of the Revised	16805
Code;	16806

(5) The individual is seeking admission to a facility that is	16807
not a nursing facility with a provider agreement under section	16808
~~5111.22~~5165.07, ~~5111.671~~5165.511, or ~~5111.672~~5165.512 of the	16809
Revised Code;	16810

(6) The individual is exempted from the long-term care	16811
consultation requirement by the department or the program	16812
administrator pursuant to rules that may be adopted under division	16813
(L) of this section.	16814

(J) As part of the long-term care consultation program, the	16815
department or program administrator shall assist an individual or	16816
individual's representative in accessing all sources of care and	16817
services that are appropriate for the individual and for which the	16818
individual is eligible, including all available home and	16819
community-based services covered by medicaid components the	16820
department of aging administers. The assistance shall include	16821
providing for the conduct of assessments or other evaluations and	16822
the development of individualized plans of care or services under	16823
section 173.424 of the Revised Code.	16824

(K) No nursing facility for which an operator has a provider	16825
agreement under section ~~5111.22~~5165.07, ~~5111.671~~5165.511, or	16826
~~5111.672~~5165.512 of the Revised Code shall admit any individual	16827
as a resident, unless the nursing facility has received evidence	16828
that a long-term care consultation has been completed for the	16829
individual or division (I) of this section is applicable to the	16830
individual.	16831

(L) The director of aging may adopt any rules the director	16832
considers necessary for the implementation and administration of	16833
this section. The rules shall be adopted in accordance with	16834
Chapter 119. of the Revised Code and may specify any or all of the	16835
following:	16836

(1) Procedures for providing long-term care consultations	16837
pursuant to this section;	16838

(2) Information to be provided through long-term care	16839
consultations regarding long-term care services that are	16840
available;	16841

(3) Criteria and procedures to be used to identify and	16842
recommend appropriate service options for an individual receiving	16843
a long-term care consultation;	16844

(4) Criteria for exempting individuals from the long-term	16845
care consultation requirement;	16846

(5) Circumstances under which it may be appropriate to	16847
provide an individual's long-term care consultation after the	16848
individual's admission to a nursing facility rather than before	16849
admission;	16850

(6) Criteria for identifying nursing facility residents who	16851
would benefit from the provision of a long-term care consultation;	16852

(7) A description of the types of information from a nursing	16853
facility that is needed under the long-term care consultation	16854
program to assist a resident with relocation from the facility;	16855

(8) Standards to prevent conflicts of interest relative to	16856
the referrals made by a person who performs a long-term care	16857
consultation, including standards that prohibit the person from	16858
being employed by a provider of long-term care services;	16859

(9) Procedures for providing notice and an opportunity for a	16860
hearing under division (N) of this section.	16861

(M) To assist the department and each program administrator	16862
with identifying individuals who are likely to benefit from a	16863
long-term care consultation, the department and program	16864
administrator may ask to be given access to nursing facility	16865
resident assessment data collected through the use of the resident	16866
assessment instrument specified in rules ~~adopted under~~authorized	16867
by section ~~5111.02~~5165.191 of the Revised Code for purposes of	16868
the medicaid program. Except when prohibited by state or federal	16869
law, the department of health, department of ~~job and family~~	16870
~~services~~medicaid, or nursing facility holding the data shall	16871
grant access to the data on receipt of the request from the	16872
department of aging or program administrator.	16873

(N)(1) The director of aging, after providing notice and an	16874
opportunity for a hearing, may fine a nursing facility an amount	16875
determined by rules the director shall adopt in accordance with	16876
Chapter 119. of the Revised Code for any of the following reasons:	16877

(a) The nursing facility admits an individual, without	16878
evidence that a long-term care consultation has been provided, as	16879
required by this section;	16880

(b) The nursing facility denies a person attempting to	16881
provide a long-term care consultation access to the facility or a	16882
resident of the facility;	16883

(c) The nursing facility denies the department of aging or	16884
program administrator access to the facility or a resident of the	16885
facility, as the department or administrator considers necessary	16886
to administer the program.	16887

(2) In accordance with section ~~5111.62~~5162.66 of the Revised	16888
Code, all fines collected under division (N)(1) of this section	16889
shall be deposited into the state treasury to the credit of the	16890
residents protection fund.	16891

Sec. 173.43. (A) ~~Subject to section 173.433 of the Revised~~	16892
~~Code, the~~The department of aging shall enter into an interagency	16893
agreement with the department of ~~job and family services~~medicaid	16894
under section ~~5111.91~~5162.35 of the Revised Code under which the	16895
department of aging is required to establish for each biennium a	16896
unified long-term care budget for home and community-based	16897
services covered by medicaid components the department of aging	16898
administers. The interagency agreement shall require the	16899
department of aging to do all of the following:	16900

(1) Administer the unified long-term care budget in	16901
accordance with sections 173.43 to 173.434 of the Revised Code and	16902
the general assembly's appropriations for home and community-based	16903
services covered by medicaid components the department of aging	16904
administers for the applicable biennium;	16905

(2) Contract with each PASSPORT administrative agency for	16906
assistance in the administration of the unified long-term care	16907
budget;	16908

(3) Provide individuals who are eligible for home and	16909
community-based services covered by medicaid components the	16910
department of aging administers a choice of services that meet the	16911
individuals' needs and improve their quality of life;	16912

(4) Provide a continuum of services that meet the life-long	16913
needs of individuals who are eligible for home and community-based	16914
services covered by medicaid components the department of aging	16915
administers.	16916

(B) The director of budget and management shall create new	16917
appropriation items as necessary for establishment of the unified	16918
long-term care budget.	16919

Sec. 173.431. ~~Subject to section 173.433 of the Revised~~	16920
~~Code, the~~The department of aging shall ensure that the unified	16921
long-term care budget established under section 173.43 of the	16922
Revised Code is administered in a manner that provides medicaid	16923
coverage of and expands access to all of the following as	16924
necessary to meet the needs of individuals receiving home and	16925
community-based services covered by medicaid components the	16926
department of aging administers:	16927

(A) To the extent permitted by the medicaid waivers	16928
authorizing department of aging-administered medicaid waiver	16929
components, all of the following medicaid waiver services provided	16930
under department of aging-administered medicaid waiver components:	16931

(1) Personal care services;

16932

(2) Home-delivered meals;

16933

(3) Adult day-care;

16934

(4) Homemaker services;

16935

(5) Emergency response services;

16936

(6) Medical equipment and supplies;

16937

(7) Chore services;

16938

(8) Social work counseling;

16939

(9) Nutritional counseling;

16940

(10) Independent living assistance;

16941

(11) Medical transportation;

16942

(12) Nonmedical transportation;

16943

(13) Home care attendant services;

16944

(14) Assisted living services;

16945

(15) Community transition services;

16946

(16) Enhanced community living services;

16947

(17) All other medicaid waiver services provided under	16948
department of aging-administered medicaid waiver components.	16949

(B) All of the following state medicaid plan services as	16950
specified in rules adopted under section ~~5111.02~~5164.02 of the	16951
Revised Code:	16952

(1) Home health services;

16953

(2) Private duty nursing services;

16954

(3) Durable medical equipment;

16955

(4) Services of a clinical nurse specialist;

16956

(5) Services of a certified nurse practitioner.

16957

16958

Sec. 173.432. ~~Subject to section 173.433 of the Revised Code,~~	16959
~~the~~The department of aging or its designee shall provide care	16960
management and authorization services with regard to the state	16961
plan services specified in division (B) of section 173.431 of the	16962
Revised Code that are provided to participants of department of	16963
aging-administered medicaid waiver components. The department or	16964
its designee shall ensure that no person providing the care	16965
management and authorization services performs an activity that	16966
may not be performed without a valid certificate or license issued	16967
by an agency of this state unless the person holds the valid	16968
certificate or license.	16969

Sec. 173.434. ~~The director of job and family services shall~~	16970
~~adopt~~To the extent authorized by rules ~~under~~authorized by	16971
section ~~5111.85~~5162.021 of the Revised Code ~~to authorize~~, the	16972
director of aging toshall adopt rules that are needed to	16973
implement sections 173.43 to 173.432 of the Revised Code. The	16974
~~director of aging's~~ rules shall be adopted in accordance with	16975
Chapter 119. of the Revised Code.	16976

Sec. 173.45. As used in this section and in sections 173.46	16977
to 173.49 of the Revised Code:	16978

(A) "Residential facility" means a residential facility	16979
licensed under section ~~5119.22~~5119.34 of the Revised Code that	16980
provides accommodations, supervision, and personal care services	16981
for three to sixteen unrelated adults.	16982

(B) "Community-based long-term care services" has the same	16983
meaning as in section 173.14 of the Revised Code.	16984

(C) "Long-term care facility" means a nursing home or	16985
residential care facility.	16986

(D) "Nursing home" and "residential care facility" have the	16987
same meanings as in section 3721.01 of the Revised Code.	16988

(E) "Nursing facility" has the same meaning as in section	16989
~~5111.20~~5165.01 of the Revised Code.	16990

Sec. 173.47. (A) For purposes of publishing the Ohio	16991
long-term care consumer guide, the department of aging shall	16992
conduct or provide for the conduct of an annual customer	16993
satisfaction survey of each long-term care facility. The results	16994
of the surveys may include information obtained from long-term	16995
care facility residents, their families, or both. A survey that is	16996
to include information obtained from nursing facility residents	16997
shall include the questions specified in divisions (C)(7)(a) and	16998
(b) and (18) and (D)(7)(a) and (b) of section ~~5111.244~~5165.25 of	16999
the Revised Code. A survey that is to include information obtained	17000
from the families of nursing facility residents shall include the	17001
questions specified in divisions (C)(8)(a) and (b) and (19) and	17002
(D)(8)(a) and (b) of section ~~5111.244~~5165.25 of the Revised Code.	17003

(B) Each long-term care facility shall cooperate in the	17004
conduct of its annual customer satisfaction survey.	17005

Sec. 173.48. (A)(1) The department of aging may charge annual	17006
fees to long-term care facilities for the publication of the Ohio	17007
long-term care consumer guide. The department may contract with	17008
any person or government entity to collect the fees on its behalf.	17009
All fees collected under this section shall be deposited in	17010
accordance with division (B) of this section.	17011

(2) The annual fees charged under this section shall not	17012
exceed the following amounts:	17013

(a) Six hundred fifty dollars for each long-term care	17014
facility that is a nursing home;	17015

(b) Three hundred dollars for each long-term care facility	17016
that is a residential care facility.	17017

(3) Fees paid by a long-term care facility that is a nursing	17018
facility shall be reimbursed through the medicaid program ~~operated~~	17019
~~under Chapter 5111. of the Revised Code~~.	17020

(B) There is hereby created in the state treasury the	17021
long-term care consumer guide fund. Money collected from the fees	17022
charged for the publication of the Ohio long-term care consumer	17023
guide under division (A) of this section shall be credited to the	17024
fund. The department shall use money in the fund for costs	17025
associated with publishing the Ohio long-term care consumer guide,	17026
including, but not limited to, costs incurred in conducting or	17027
providing for the conduct of customer satisfaction surveys.	17028

Sec. 173.50. (A) Pursuant to a contract entered into with the	17029
department of ~~job and family services~~medicaid as an interagency	17030
agreement under section ~~5111.91~~5162.35 of the Revised Code, the	17031
department of aging shall carry out the day-to-day administration	17032
of the component of the medicaid program ~~established under Chapter~~	17033
~~5111. of the Revised Code~~ known as the program of all-inclusive	17034
care for the elderly or PACE. The department of aging shall carry	17035
out its PACE administrative duties in accordance with the	17036
provisions of the interagency agreement and all applicable federal	17037
laws, including the "Social Security Act," ~~79 Stat. 286 (1965)~~	17038
section 1934, 42 U.S.C. 1396u-4~~, as amended~~.	17039

(B) ~~The department~~To the extent authorized by rules	17040
authorized by section 5162.021 of the Revised Code, the director	17041
of aging may adopt rules in accordance with Chapter 119. of the	17042
Revised Code regarding the PACE program, including rules	17043
establishing priorities for enrolling in the program pursuant to	17044
section 173.501 of the Revised Code. The ~~department's~~ rules ~~are~~	17045
~~subject to both of the following:~~	17046

~~(1) The rules shall be authorized by rules adopted by the~~	17047
~~department of job and family services.~~	17048

~~(2) The rules~~ shall address only those issues that are not	17049
addressed in rules adopted by the ~~department of job and family~~	17050
~~services~~medicaid director for the PACE program.	17051

Sec. 173.501. (A) As used in this section:

17052

"Nursing facility" has the same meaning as in section ~~5111.20~~	17053
5165.01 of the Revised Code.	17054

"PACE provider" has the same meaning as in the "Social	17055
Security Act," section 1934(a)(3), 42 U.S.C. 1396u-4(a)(3).	17056

(B) The department of aging shall establish a home first	17057
component of the PACE program under which eligible individuals may	17058
be enrolled in the PACE program in accordance with this section.	17059
An individual is eligible for the PACE program's home first	17060
component if both of the following apply:	17061

(1) The individual has been determined to be eligible for the	17062
PACE program.	17063

(2) At least one of the following applies:

17064

(a) The individual has been admitted to a nursing facility.

17065

(b) A physician has determined and documented in writing that	17066
the individual has a medical condition that, unless the individual	17067
is enrolled in home and community-based services such as the PACE	17068
program, will require the individual to be admitted to a nursing	17069
facility within thirty days of the physician's determination.	17070

(c) The individual has been hospitalized and a physician has	17071
determined and documented in writing that, unless the individual	17072
is enrolled in home and community-based services such as the PACE	17073
program, the individual is to be transported directly from the	17074
hospital to a nursing facility and admitted.	17075

(d) Both of the following apply:

17076

(i) The individual is the subject of a report made under	17077
section 5101.61 of the Revised Code regarding abuse, neglect, or	17078
exploitation or such a report referred to a county department of	17079
job and family services under section 5126.31 of the Revised Code	17080
or has made a request to a county department for protective	17081
services as defined in section 5101.60 of the Revised Code.	17082

(ii) A county department of job and family services and an	17083
area agency on aging have jointly documented in writing that,	17084
unless the individual is enrolled in home and community-based	17085
services such as the PACE program, the individual should be	17086
admitted to a nursing facility.	17087

(C) Each month, the department of aging shall identify	17088
individuals who are eligible for the home first component of the	17089
PACE program. When the department identifies such an individual,	17090
the department shall notify the PACE provider serving the area in	17091
which the individual resides. The PACE provider shall determine	17092
whether the PACE program is appropriate for the individual and	17093
whether the individual would rather participate in the PACE	17094
program than continue or begin to reside in a nursing facility. If	17095
the PACE provider determines that the PACE program is appropriate	17096
for the individual and the individual would rather participate in	17097
the PACE program than continue or begin to reside in a nursing	17098
facility, the PACE provider shall so notify the department of	17099
aging. On receipt of the notice from the PACE provider, the	17100
department of aging shall approve the individual's enrollment in	17101
the PACE program in accordance with priorities established in	17102
rules adopted under section 173.50 of the Revised Code.	17103

Sec. 173.51. As used in sections 173.51 to 173.56 of the	17104
Revised Code:	17105

"Area agency on aging" has the same meaning as in section	17106
173.14 of the Revised Code.	17107

"Assisted living program" means the program that consists of	17108
a medicaid-funded component created under section 173.54 of the	17109
Revised Code and a state-funded component created under section	17110
173.543 of the Revised Code and provides assisted living services	17111
to individuals who meet the program's applicable eligibility	17112
requirements.	17113

"Assisted living services" means the following home and	17114
community-based services: personal care, homemaker, chore,	17115
attendant care, companion, medication oversight, and therapeutic	17116
social and recreational programming.	17117

"Assisted living waiver" means the federal medicaid waiver	17118
granted by the United States secretary of health and human	17119
services that authorizes the medicaid-funded component of the	17120
assisted living program.	17121

"Choices program" means the program created under section	17122
173.53 of the Revised Code.	17123

"County or district home" means a county or district home	17124
operated under Chapter 5155. of the Revised Code.	17125

"Long-term care consultation program" means the program the	17126
department of aging is required to develop under section 173.42 of	17127
the Revised Code.	17128

"Long-term care consultation program administrator" or	17129
"administrator" means the department of aging or, if the	17130
department contracts with an area agency on aging or other entity	17131
to administer the long-term care consultation program for a	17132
particular area, that agency or entity.	17133

"Medicaid waiver component" has the same meaning as in	17134
section 5166.01 of the Revised Code.	17135

"Nursing facility" has the same meaning as in section 5165.01	17136
of the Revised Code.	17137

"PASSPORT program" means the preadmission screening system	17138
providing options and resources today program (PASSPORT) that	17139
consists of a medicaid-funded component created under section	17140
173.52 of the Revised Code and a state-funded component created	17141
under section 173.522 of the Revised Code and provides home and	17142
community-based services as an alternative to nursing facility	17143
placement for individuals who are aged and disabled and meet the	17144
program's applicable eligibility requirements.	17145

"PASSPORT waiver" means the federal medicaid waiver granted	17146
by the United States secretary of health and human services that	17147
authorizes the medicaid-funded component of the PASSPORT program.	17148

"Representative" means a person acting on behalf of an	17149
applicant for the medicaid-funded component or state-funded	17150
component of the assisted living program. A representative may be	17151
a family member, attorney, hospital social worker, or any other	17152
person chosen to act on behalf of an applicant.	17153

"Residential care facility" has the same meaning as in	17154
section 3721.01 of the Revised Code.	17155

"Unified long-term services and support medicaid waiver	17156
component" means the medicaid waiver component authorized by	17157
section 5166.14 of the Revised Code.	17158

~~Sec. 173.40.~~ Sec. 173.52. (A) ~~As used in sections 173.40 to~~	17159
~~173.402 of the Revised Code:~~	17160

~~"Medicaid waiver component" has the same meaning as in~~	17161
~~section 5111.85 of the Revised Code.~~	17162

~~"PASSPORT program" means the program created under this~~	17163
~~section.~~	17164

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	17165
~~by the United States secretary of health and human services that~~	17166
~~authorizes the medicaid-funded component of the PASSPORT program.~~	17167

~~"Unified long-term services and support medicaid waiver~~	17168
~~component" means the medicaid waiver component authorized by~~	17169
~~section 5111.864 of the Revised Code.~~	17170

~~(B) There is hereby created~~The department of medicaid shall	17171
create the medicaid-funded component of the ~~preadmission screening~~	17172
~~system providing options and resources today program, or~~ PASSPORT	17173
program. ~~The PASSPORT program shall provide home and~~	17174
~~community-based services as an alternative to nursing facility~~	17175
~~placement for individuals who are aged and disabled and meet the~~	17176
~~program's applicable eligibility requirements. Subject to division~~	17177
~~(C) of this section, the program shall have a medicaid-funded~~	17178
~~component and a state-funded component.~~In creating the	17179
medicaid-funded component, the department of medicaid shall	17180
collaborate with the department of aging.	17181

~~(C)(1)~~(B) Unless the medicaid-funded component of the	17182
PASSPORT program is terminated under division (C)~~(2)~~ of this	17183
section, all of the following apply:	17184

~~(a)~~(1) The department of aging shall administer the	17185
medicaid-funded component through a contract entered into with the	17186
department of ~~job and family services~~medicaid under section	17187
~~5111.91~~5162.35 of the Revised Code.	17188

~~(b)~~(2) The medicaid-funded component shall be operated as a	17189
separate medicaid waiver component.	17190

~~(c)~~(3) For an individual to be eligible for the	17191
medicaid-funded component, the individual must be a medicaid	17192
recipient and meet the additional eligibility requirements	17193
applicable to the individual established in rules adopted under	17194
division ~~(C)(1)(d)~~(B)(4) of this section.	17195

~~(d) The director of job and family services shall adopt~~(4)	17196
To the extent authorized by rules ~~under~~authorization by section	17197
~~5111.85~~5162.021 of the Revised Code ~~and~~, the director of aging	17198
shall adopt rules in accordance with Chapter 119. of the Revised	17199
Code to implement the medicaid-funded component.	17200

~~(2)~~(C) If the unified long-term services and support medicaid	17201
waiver component is created, the departments of aging and ~~job and~~	17202
~~family services~~medicaid shall work together to determine whether	17203
the medicaid-funded component of the PASSPORT program should	17204
continue to operate as a separate medicaid waiver component or be	17205
terminated. If the departments determine that the medicaid-funded	17206
component of the PASSPORT program should be terminated, the	17207
medicaid-funded component shall cease to exist on a date the	17208
departments shall specify.	17209

~~(D)(1) The department of aging shall administer the~~	17210
~~state-funded component of the PASSPORT program. The state-funded~~	17211
~~component shall not be administered as part of the medicaid~~	17212
~~program.~~	17213

~~(2) For an individual to be eligible for the state-funded~~	17214
~~component, the individual must meet one of the following~~	17215
~~requirements and meet the additional eligibility requirements~~	17216
~~applicable to the individual established in rules adopted under~~	17217
~~division (D)(4) of this section:~~	17218

~~(a) The individual must have been enrolled in the~~	17219
~~state-funded component on September 1, 1991, (as the state-funded~~	17220
~~component was authorized by uncodified law in effect at that time)~~	17221
~~and have had one or more applications for enrollment in the~~	17222
~~medicaid-funded component (or, if the medicaid-funded component is~~	17223
~~terminated under division (C)(2) of this section, the unified~~	17224
~~long-term services and support medicaid waiver component) denied.~~	17225

~~(b) The individual must have had the individual's enrollment~~	17226
~~in the medicaid-funded component (or, if the medicaid-funded~~	17227
~~component is terminated under division (C)(2) of this section, the~~	17228
~~unified long-term services and support medicaid waiver component)~~	17229
~~terminated and the individual must still need the home and~~	17230
~~community-based services provided under the PASSPORT program to~~	17231
~~protect the individual's health and safety.~~	17232

~~(c) The individual must have an application for the~~	17233
~~medicaid-funded component (or, if the medicaid-funded component is~~	17234
~~terminated under division (C)(2) of this section, the unified~~	17235
~~long-term services and support medicaid waiver component) pending~~	17236
~~and the department or the department's designee must have~~	17237
~~determined that the individual meets the nonfinancial eligibility~~	17238
~~requirements of the medicaid-funded component (or, if the~~	17239
~~medicaid-funded component is terminated under division (C)(2) of~~	17240
~~this section, the unified long-term services and support medicaid~~	17241
~~waiver component) and not have reason to doubt that the individual~~	17242
~~meets the financial eligibility requirements of the~~	17243
~~medicaid-funded component (or, if the medicaid-funded component is~~	17244
~~terminated under division (C)(2) of this section, the unified~~	17245
~~long-term services and support medicaid waiver component).~~	17246

~~(3) An individual who is eligible for the state-funded~~	17247
~~component because the individual meets the requirement of division~~	17248
~~(D)(2)(c) of this section may participate in the component on that~~	17249
~~basis for not more than ninety days.~~	17250

~~(4) The director of aging shall adopt rules in accordance~~	17251
~~with section 111.15 of the Revised Code to implement the~~	17252
~~state-funded component. The additional eligibility requirements~~	17253
~~established in the rules may vary for the different groups of~~	17254
~~individuals specified in divisions (D)(2)(a), (b), and (c) of this~~	17255
~~section.~~	17256

~~Sec. 173.401.~~ Sec. 173.521. (A) ~~As used in this section:~~

17257

~~"Area agency on aging" has the same meaning as in section~~	17258
~~173.14 of the Revised Code.~~	17259

~~"Long-term care consultation program" means the program the~~	17260
~~department of aging is required to develop under section 173.42 of~~	17261
~~the Revised Code.~~	17262

~~"Long-term care consultation program administrator" or~~	17263
~~"administrator" means the department of aging or, if the~~	17264
~~department contracts with an area agency on aging or other entity~~	17265
~~to administer the long-term care consultation program for a~~	17266
~~particular area, that agency or entity.~~	17267

~~"Nursing facility" has the same meaning as in section 5111.20~~	17268
~~of the Revised Code.~~	17269

~~(B) Subject~~Unless the medicaid-funded component of the	17270
PASSPORT program is terminated pursuant to division (C)~~(2)~~ of	17271
section ~~173.40~~173.52 of the Revised Code, the department shall	17272
establish a home first component of the PASSPORT program under	17273
which eligible individuals may be enrolled in the medicaid-funded	17274
component of the PASSPORT program in accordance with this section.	17275
An individual is eligible for the PASSPORT program's home first	17276
component if both of the following apply:	17277

(1) The individual has been determined to be eligible for the	17278
medicaid-funded component of the PASSPORT program.	17279

(2) At least one of the following applies:

17280

(a) The individual has been admitted to a nursing facility.

17281

(b) A physician has determined and documented in writing that	17282
the individual has a medical condition that, unless the individual	17283
is enrolled in home and community-based services such as the	17284
PASSPORT program, will require the individual to be admitted to a	17285
nursing facility within thirty days of the physician's	17286
determination.	17287

(c) The individual has been hospitalized and a physician has	17288
determined and documented in writing that, unless the individual	17289
is enrolled in home and community-based services such as the	17290
PASSPORT program, the individual is to be transported directly	17291
from the hospital to a nursing facility and admitted.	17292

(d) Both of the following apply:

17293

(i) The individual is the subject of a report made under	17294
section 5101.61 of the Revised Code regarding abuse, neglect, or	17295
exploitation or such a report referred to a county department of	17296
job and family services under section 5126.31 of the Revised Code	17297
or has made a request to a county department for protective	17298
services as defined in section 5101.60 of the Revised Code.	17299

(ii) A county department of job and family services and an	17300
area agency on aging have jointly documented in writing that,	17301
unless the individual is enrolled in home and community-based	17302
services such as the PASSPORT program, the individual should be	17303
admitted to a nursing facility.	17304

~~(C)~~(B) Each month, each area agency on aging shall identify	17305
individuals residing in the area that the agency serves who are	17306
eligible for the home first component of the PASSPORT program.	17307
When an area agency on aging identifies such an individual, the	17308
agency shall notify the long-term care consultation program	17309
administrator serving the area in which the individual resides.	17310
The administrator shall determine whether the PASSPORT program is	17311
appropriate for the individual and whether the individual would	17312
rather participate in the PASSPORT program than continue or begin	17313
to reside in a nursing facility. If the administrator determines	17314
that the PASSPORT program is appropriate for the individual and	17315
the individual would rather participate in the PASSPORT program	17316
than continue or begin to reside in a nursing facility, the	17317
administrator shall so notify the department of aging. On receipt	17318
of the notice from the administrator, the department shall approve	17319
the individual's enrollment in the medicaid-funded component of	17320
the PASSPORT program regardless of the unified waiting list	17321
established under section ~~173.404~~173.55 of the Revised Code,	17322
unless the enrollment would cause the component to exceed any	17323
limit on the number of individuals who may be enrolled in the	17324
component as set by the United States secretary of health and	17325
human services in the PASSPORT waiver.	17326

Sec. 173.522. (A) The department of aging shall create and	17327
administer the state-funded component of the PASSPORT program. The	17328
state-funded component shall not be administered as part of the	17329
medicaid program.	17330

(B) For an individual to be eligible for the state-funded	17331
component of the PASSPORT program, the individual must meet one of	17332
the following requirements and meet the additional eligibility	17333
requirements applicable to the individual established in rules	17334
adopted under division (D) of this section:	17335

(1) The individual must have been enrolled in the	17336
state-funded component on September 1, 1991, (as the state-funded	17337
component was authorized by uncodified law in effect at that time)	17338
and have had one or more applications for enrollment in the	17339
medicaid-funded component of the PASSPORT program (or, if the	17340
medicaid-funded component is terminated under division (C) of	17341
section 173.52 of the Revised Code, the unified long-term services	17342
and support medicaid waiver component) denied.	17343

(2) The individual must have had the individual's enrollment	17344
in the medicaid-funded component of the PASSPORT program (or, if	17345
the medicaid-funded component is terminated under division (C) of	17346
section 173.52 of the Revised Code, the unified long-term services	17347
and support medicaid waiver component) terminated and the	17348
individual must still need the home and community-based services	17349
provided under the PASSPORT program to protect the individual's	17350
health and safety.	17351

(3) The individual must have an application for the	17352
medicaid-funded component of the PASSPORT program (or, if the	17353
medicaid-funded component is terminated under division (C) of	17354
section 173.52 of the Revised Code, the unified long-term services	17355
and support medicaid waiver component) pending and the department	17356
or the department's designee must have determined that the	17357
individual meets the nonfinancial eligibility requirements of the	17358
medicaid-funded component (or, if the medicaid-funded component is	17359
terminated under division (C) of section 173.52 of the Revised	17360
Code, the unified long-term services and support medicaid waiver	17361
component) and not have reason to doubt that the individual meets	17362
the financial eligibility requirements of the medicaid-funded	17363
component (or, if the medicaid-funded component is terminated	17364
under division (C) of section 173.52 of the Revised Code, the	17365
unified long-term services and support medicaid waiver component).	17366

(C) An individual who is eligible for the state-funded	17367
component of the PASSPORT program because the individual meets the	17368
requirement of division (B)(3) of this section may participate in	17369
the component on that basis for not more than ninety days.	17370

(D) The director of aging shall adopt rules in accordance	17371
with section 111.15 of the Revised Code to implement the	17372
state-funded component of the PASSPORT program. The additional	17373
eligibility requirements established in the rules may vary for the	17374
different groups of individuals specified in divisions (B)(1),	17375
(2), and (3) of this section.	17376

Sec. 173.523. (A) An individual who is an applicant for or	17377
participant or former participant in the state-funded component of	17378
the PASSPORT program may appeal an adverse action taken or	17379
proposed to be taken by the department of aging or an entity	17380
designated by the department concerning participation in or	17381
services provided under the component if the action will result in	17382
any of the following:	17383

(1) Denial of enrollment or continued enrollment in the	17384
component;	17385

(2) Denial of or reduction in the amount of services	17386
requested by or offered to the individual under the component;	17387

(3) Assessment of any patient liability payment pursuant to	17388
rules adopted by the department under this section.	17389

The appeal shall be made in accordance with section 173.56 of	17390
the Revised Code and rules adopted pursuant to that section.	17391

(B) An individual who is an applicant for or participant or	17392
former participant in the state-funded component of the PASSPORT	17393
program may not bring an appeal under this or any other section of	17394
the Revised Code if any of the following is the case:	17395

(1) The individual has voluntarily withdrawn the application	17396
for enrollment in the component;	17397

(2) The individual has voluntarily terminated enrollment in	17398
the component;	17399

(3) The individual agrees with the action being taken or	17400
proposed;	17401

(4) The individual fails to submit a written request for a	17402
hearing to the director of aging within the time specified in the	17403
rules adopted pursuant to section 173.56 of the Revised Code;	17404

(5) The individual has received services under the component	17405
for the maximum time permitted by this section.	17406

~~Sec. 173.402.~~ Sec. 173.524. An individual enrolled in the PASSPORT	17407
program may request that home-delivered meals provided to the	17408
individual under the PASSPORT program be kosher. If such a request	17409
is made, the department of aging or the department's designee	17410
shall ensure that each home-delivered meal provided to the	17411
individual under the PASSPORT program is kosher. In complying with	17412
this requirement, the department or department's designee shall	17413
require each entity that provides home-delivered meals to the	17414
individual to provide the individual with meals that meet, as much	17415
as possible, the requirements established in rules adopted under	17416
~~section 173.40~~sections 173.52 and 173.522 of the Revised Code	17417
governing the home-delivered meal service while complying with	17418
kosher practices for meal preparation and dietary restrictions.	17419

An entity that provides a kosher home-delivered meal to a	17420
PASSPORT program enrollee pursuant to this section shall be	17421
reimbursed for the meal at a rate equal to the rate for	17422
home-delivered meals furnished to PASSPORT program enrollees	17423
requiring a therapeutic diet.	17424

~~Sec. 173.403.~~ Sec. 173.53. (A) ~~As used in this section:~~

17425

~~"Choices program" means the program created under this~~	17426
~~section.~~	17427

~~"Medicaid waiver component" has the same meaning as in~~	17428
~~section 5111.85 of the Revised Code.~~	17429

~~"Unified long-term services and support medicaid waiver~~	17430
~~component" means the medicaid waiver component authorized by~~	17431
~~section 5111.864 of the Revised Code.~~	17432

~~(B) Subject to division (C) of this section, there is hereby~~	17433
~~created~~The department of medicaid shall create the choices	17434
program. In creating the choices program, the department of	17435
medicaid shall collaborate with the department of aging. Subject	17436
to division (B) of this section:	17437

(1) The choices program shall provide home and	17438
community-based services~~. The~~;	17439

(2) The department of aging shall administer the choices	17440
program through a contract entered into with the department of	17441
~~job and family services~~medicaid under section ~~5111.91~~5162.35 of	17442
the Revised Code~~. Subject to federal approval, the~~;	17443

(3) The choices program shall be available statewide.

17444

~~(C)~~(B) If the unified long-term services and support medicaid	17445
waiver component is created, the departments of aging and ~~job and~~	17446
~~family services~~medicaid shall ~~work together~~collaborate to	17447
determine whether the choices program should continue to operate	17448
as a separate medicaid waiver component or be terminated. If the	17449
departments determine that the choices program should be	17450
terminated, the program shall cease to exist on a date the	17451
departments shall specify.	17452

(C) If the choices program is terminated pursuant to division	17453
(B) of this section or for another reason, not sooner than six	17454
months before the date on which the program ceases to exist, the	17455
director of aging may do both of the following:	17456

(1) Suspend new enrollments in the choices program;

17457

(2) Transfer participants of the choices program to the	17458
following:	17459

(a) Except as provided in division (C)(2)(b) of this section,	17460
the medicaid-funded component of the PASSPORT program created	17461
under section 173.52 of the Revised Code;	17462

(b) If the medicaid-funded component of the PASSPORT program	17463
is terminated pursuant to division (C) of section 173.52 of the	17464
Revised Code, the unified long-term services and support medicaid	17465
waiver component.	17466

~~Sec. 5111.89.~~ Sec. 173.54. (A) ~~As used in sections 5111.89 to~~	17467
~~5111.894 of the Revised Code:~~	17468

~~"Area agency on aging" has the same meaning as in section~~	17469
~~173.14 of the Revised Code.~~	17470

~~"Assisted living program" means the program created under~~	17471
~~this section.~~	17472

~~"Assisted living services" means the following home and~~	17473
~~community-based services: personal care, homemaker, chore,~~	17474
~~attendant care, companion, medication oversight, and therapeutic~~	17475
~~social and recreational programming.~~	17476

~~"Assisted living waiver" means the federal medicaid waiver~~	17477
~~granted by the United States secretary of health and human~~	17478
~~services that authorizes the medicaid-funded component of the~~	17479
~~assisted living program.~~	17480

~~"County or district home" means a county or district home~~	17481
~~operated under Chapter 5155. of the Revised Code.~~	17482

~~"Long-term care consultation program" means the program the~~	17483
~~department of aging is required to develop under section 173.42 of~~	17484
~~the Revised Code.~~	17485

~~"Long-term care consultation program administrator" or~~	17486
~~"administrator" means the department of aging or, if the~~	17487
~~department contracts with an area agency on aging or other entity~~	17488
~~to administer the long-term care consultation program for a~~	17489
~~particular area, that agency or entity.~~	17490

~~"Medicaid waiver component" has the same meaning as in~~	17491
~~section 5111.85 of the Revised Code.~~	17492

~~"Nursing facility" has the same meaning as in section 5111.20~~	17493
~~of the Revised Code.~~	17494

~~"Residential care facility" has the same meaning as in~~	17495
~~section 3721.01 of the Revised Code.~~	17496

~~"Unified long-term services and support medicaid waiver~~	17497
~~component" means the medicaid waiver component authorized by~~	17498
~~section 5111.864 of the Revised Code.~~	17499

~~(B) There is hereby created~~The department of medicaid shall	17500
create the medicaid-funded component of the assisted living	17501
program. ~~The program shall provide assisted living services to~~	17502
~~individuals who meet the program's applicable eligibility~~	17503
~~requirements. Subject to division (C) of this section, the program~~	17504
~~shall have a medicaid-funded component and a state-funded~~	17505
~~component~~In creating the medicaid-funded component, the	17506
department of medicaid shall collaborate with the department of	17507
aging.	17508

~~(C)(1)~~(B) Unless the medicaid-funded component of the	17509
assisted living program is terminated under division (C)~~(2)~~ of	17510
this section, all of the following apply:	17511

~~(a)~~(1) The department of aging shall administer the	17512
medicaid-funded component through a contract entered into with the	17513
department of ~~job and family services~~medicaid under section	17514
~~5111.91~~5162.35 of the Revised Code.	17515

~~(b)~~(2) The contract shall include an estimate of the	17516
medicaid-funded component's costs.	17517

~~(c)~~(3) The medicaid-funded component shall be operated as a	17518
separate medicaid waiver component.	17519

~~(d)~~(4) The medicaid-funded component may not serve more	17520
individuals than is set by the United States secretary of health	17521
and human services in the assisted living waiver.	17522

~~(e) The director of job and family services may adopt rules~~	17523
~~under section 5111.85 of the Revised Code regarding the~~	17524
~~medicaid-funded component.~~	17525

~~(f) The~~(5) To the extent authorized by rules authorized by	17526
section 5162.021 of the Revised Code, the director of aging may	17527
adopt rules under Chapter 119. of the Revised Code regarding the	17528
medicaid-funded component ~~that the rules adopted by the director~~	17529
~~of job and family services under division (C)(1)(e) of this~~	17530
~~section authorize the director of aging to adopt~~.	17531

~~(2)~~(C) If the unified long-term services and support medicaid	17532
waiver component is created, the departments of aging and ~~job and~~	17533
~~family services~~medicaid shall ~~work together~~collaborate to	17534
determine whether the medicaid-funded component of the assisted	17535
living program should continue to operate as a separate medicaid	17536
waiver component or be terminated. If the departments determine	17537
that the medicaid-funded component of the assisted living program	17538
should be terminated, the medicaid-funded component shall cease to	17539
exist on a date the departments shall specify.	17540

~~(D) The department of aging shall administer the state-funded~~	17541
~~component of the assisted living program. The state-funded~~	17542
~~component shall not be administered as part of the medicaid~~	17543
~~program.~~	17544

~~An individual who is eligible for the state-funded component~~	17545
~~may participate in the component for not more than ninety days.~~	17546

~~The director of aging shall adopt rules in accordance with~~	17547
~~section 111.15 of the Revised Code to implement the state-funded~~	17548
~~component.~~	17549

~~Sec. 5111.891.~~ Sec. 173.541. To be eligible for the	17550
medicaid-funded component of the assisted living program, an	17551
individual must meet all of the following requirements:	17552

(A) Need an intermediate level of care as determined ~~under~~	17553
~~rule 5101:3-3-06~~by an assessment conducted under section 173.546	17554
of the ~~Administrative~~Revised Code;	17555

(B) While receiving assisted living services under the	17556
medicaid-funded component, reside in a residential care facility	17557
that is authorized by a valid medicaid provider agreement to	17558
participate in the component, including both of the following:	17559

(1) A residential care facility that is owned or operated by	17560
a metropolitan housing authority that has a contract with the	17561
United States department of housing and urban development to	17562
receive an operating subsidy or rental assistance for the	17563
residents of the facility;	17564

(2) A county or district home licensed as a residential care	17565
facility.	17566

(C) Meet all other eligibility requirements for the	17567
medicaid-funded component established in rules adopted ~~pursuant to~~	17568
~~division (C) of~~under section ~~5111.89~~173.54 of the Revised Code.	17569

~~Sec. 5111.894.~~ Sec. 173.542. (A) ~~Subject~~Unless the	17570
medicaid-funded component of the assisted living program is	17571
terminated pursuant to division (C)~~(2)~~ of section ~~5111.89~~173.54	17572
of the Revised Code, the department of aging shall establish a	17573
home first component of the assisted living program under which	17574
eligible individuals may be enrolled in the medicaid-funded	17575
component of the assisted living program in accordance with this	17576
section. An individual is eligible for the assisted living	17577
program's home first component if both of the following apply:	17578

(1) The individual has been determined to be eligible for the	17579
medicaid-funded component of the assisted living program.	17580

(2) At least one of the following applies:

17581

(a) The individual has been admitted to a nursing facility.

17582

(b) A physician has determined and documented in writing that	17583
the individual has a medical condition that, unless the individual	17584
is enrolled in home and community-based services such as the	17585
assisted living program, will require the individual to be	17586
admitted to a nursing facility within thirty days of the	17587
physician's determination.	17588

(c) The individual has been hospitalized and a physician has	17589
determined and documented in writing that, unless the individual	17590
is enrolled in home and community-based services such as the	17591
assisted living program, the individual is to be transported	17592
directly from the hospital to a nursing facility and admitted.	17593

(d) Both of the following apply:

17594

(i) The individual is the subject of a report made under	17595
section 5101.61 of the Revised Code regarding abuse, neglect, or	17596
exploitation or such a report referred to a county department of	17597
job and family services under section 5126.31 of the Revised Code	17598
or has made a request to a county department for protective	17599
services as defined in section 5101.60 of the Revised Code.	17600

(ii) A county department of job and family services and an	17601
area agency on aging have jointly documented in writing that,	17602
unless the individual is enrolled in home and community-based	17603
services such as the assisted living program, the individual	17604
should be admitted to a nursing facility.	17605

(B) Each month, each area agency on aging shall identify	17606
individuals residing in the area that the area agency on aging	17607
serves who are eligible for the home first component of the	17608
assisted living program. When an area agency on aging identifies	17609
such an individual and determines that there is a vacancy in a	17610
residential care facility participating in the medicaid-funded	17611
component of the assisted living program that is acceptable to the	17612
individual, the agency shall notify the long-term care	17613
consultation program administrator serving the area in which the	17614
individual resides. The administrator shall determine whether the	17615
assisted living program is appropriate for the individual and	17616
whether the individual would rather participate in the assisted	17617
living program than continue or begin to reside in a nursing	17618
facility. If the administrator determines that the assisted living	17619
program is appropriate for the individual and the individual would	17620
rather participate in the assisted living program than continue or	17621
begin to reside in a nursing facility, the administrator shall so	17622
notify the department of aging. On receipt of the notice from the	17623
administrator, the department shall approve the individual's	17624
enrollment in the medicaid-funded component of the assisted living	17625
program regardless of the unified waiting list established under	17626
section ~~173.404~~173.55 of the Revised Code, unless the enrollment	17627
would cause the component to exceed any limit on the number of	17628
individuals who may participate in the component as set by the	17629
United States secretary of health and human services in the	17630
assisted living waiver.	17631

Sec. 173.543. The department of aging shall create and	17632
administer the state-funded component of the assisted living	17633
program. The state-funded component shall not be administered as	17634
part of the medicaid program.	17635

An individual who is eligible for the state-funded component	17636
may participate in the component for not more than ninety days.	17637

The director of aging shall adopt rules in accordance with	17638
section 111.15 of the Revised Code to implement the state-funded	17639
component.	17640

~~Sec. 5111.892.~~ Sec. 173.544. To be eligible for the state-funded	17641
component of the assisted living program, an individual must meet	17642
all of the following requirements:	17643

(A) The individual must need an intermediate level of care as	17644
determined ~~under rule 5101:3-3-06~~by an assessment conducted under	17645
section 173.546 of the ~~Administrative~~Revised Code;.	17646

(B) The individual must have an application for the	17647
medicaid-funded component of the assisted living program (or, if	17648
the medicaid-funded component is terminated under division (C)~~(2)~~	17649
of section ~~5111.89~~173.54 of the Revised Code, the unified	17650
long-term services and support medicaid waiver component) pending	17651
and the department or the department's designee must have	17652
determined that the individual meets the nonfinancial eligibility	17653
requirements of the medicaid-funded component (or, if the	17654
medicaid-funded component is terminated under division (C)~~(2)~~ of	17655
section ~~5111.89~~173.54 of the Revised Code, the unified long-term	17656
services and support medicaid waiver component) and not have	17657
reason to doubt that the individual meets the financial	17658
eligibility requirements of the medicaid-funded component (or, if	17659
the medicaid-funded component is terminated under division (C)~~(2)~~	17660
of section ~~5111.89~~173.54 of the Revised Code, the unified	17661
long-term services and support medicaid waiver component).	17662

(C) While receiving assisted living services under the	17663
state-funded component, the individual must reside in a	17664
residential care facility that is authorized by a valid provider	17665
agreement to participate in the component, including both of the	17666
following:	17667

(1) A residential care facility that is owned or operated by	17668
a metropolitan housing authority that has a contract with the	17669
United States department of housing and urban development to	17670
receive an operating subsidy or rental assistance for the	17671
residents of the facility;	17672

(2) A county or district home licensed as a residential care	17673
facility.	17674

(D) The individual must meet all other eligibility	17675
requirements for the state-funded component established in rules	17676
adopted under ~~division (D) of~~ section ~~5111.89~~173.54 of the	17677
Revised Code.	17678

Sec. 173.545. (A) An individual who is an applicant for or	17679
participant or former participant in the state-funded component of	17680
the assisted living program may appeal an adverse action taken or	17681
proposed to be taken by the department of aging or an entity	17682
designated by the department concerning participation in or	17683
services provided under the component if the action will result in	17684
any of the following:	17685

(1) Denial of enrollment or continued enrollment in the	17686
component;	17687

(2) Denial of or reduction in the amount of services	17688
requested by or offered to the individual under the component;	17689

(3) Assessment of any patient liability payment pursuant to	17690
rules adopted by the department under this section.	17691

The appeal shall be made in accordance with section 173.56 of	17692
the Revised Code and rules adopted pursuant to that section.	17693

(B) An individual who is an applicant for or participant or	17694
former participant in the state-funded component of the assisted	17695
living program may not bring an appeal under this or any other	17696
section of the Revised Code if any of the following is the case:	17697

(1) The individual has voluntarily withdrawn the application	17698
for enrollment in the component;	17699

(2) The individual has voluntarily terminated enrollment in	17700
the component;	17701

(3) The individual agrees with the action being taken or	17702
proposed;	17703

(4) The individual fails to submit a written request for a	17704
hearing to the director of aging within the time specified in the	17705
rules adopted pursuant to section 173.56 of the Revised Code;	17706

(5) The individual has received services under the component	17707
for the maximum time permitted by this section.	17708

Sec. 173.546. (A) Each applicant for the assisted living	17709
program shall undergo an assessment to determine whether the	17710
applicant needs an intermediate level of care. The department of	17711
medicaid or an agency under contract pursuant to division (C) of	17712
this section shall conduct the assessment. The assessment may be	17713
performed concurrently with a long-term care consultation provided	17714
under section 173.42 of the Revised Code.	17715

(B) An applicant or applicant's representative has the right	17716
to appeal an assessment's findings. Section 5160.31 of the Revised	17717
Code applies to appeals regarding the medicaid-funded component of	17718
the assisted living program. The department or an agency under	17719
contract to conduct the assessment shall provide written notice of	17720
this right to the applicant or applicant's representative and the	17721
residential care facility in which the applicant intends to reside	17722
if enrolled in the assisted living program. The notice shall	17723
include an explanation of the appeal procedures. The department or	17724
agency under contract to conduct the assessment shall represent	17725
the state in any appeal of an assessment's findings.	17726

(C) The department may contract with one or more agencies to	17727
perform assessments under this section. A contract shall specify	17728
the agency's responsibilities regarding the assessments.	17729

~~Sec. 5111.893.~~ Sec. 173.547. A residential care facility providing	17730
services covered by the assisted living program to an individual	17731
enrolled in the program shall have staff on-site twenty-four hours	17732
each day who are able to do all of the following:	17733

(A) Meet the scheduled and unpredicted needs of the	17734
individuals enrolled in the assisted living program in a manner	17735
that promotes the individuals' dignity and independence;	17736

(B) Provide supervision services for those individuals;

17737

17738

~~Sec. 173.404.~~ Sec. 173.55. (A) As used in this section:

17739

(1) "Department of aging-administered medicaid waiver	17740
component" means each of the following:	17741

(a) The medicaid-funded component of the PASSPORT program	17742
~~created under section 173.40 of the Revised Code~~;	17743

(b) The choices program ~~created under section 173.403 of the~~	17744
~~Revised Code~~;	17745

(c) The medicaid-funded component of the assisted living	17746
program ~~created under section 5111.89 of the Revised Code~~.	17747

(2) "PACE program" means the component of the medicaid	17748
program the department of aging administers pursuant to section	17749
173.50 of the Revised Code.	17750

(B) If the department of aging determines that there are	17751
insufficient funds to enroll all individuals who have applied and	17752
been determined eligible for department of aging-administered	17753
medicaid waiver components and the PACE program, the department	17754
shall establish a unified waiting list for the components and	17755
program. Only individuals eligible for a department of	17756
aging-administered medicaid waiver component or the PACE program	17757
may be placed on the unified waiting list. An individual who may	17758
be enrolled in a department of aging-administered medicaid waiver	17759
component or the PACE program through a home first component	17760
established under section ~~173.401,~~ 173.501, 173.521 or ~~5111.894~~	17761
173.542 of the Revised Code may be so enrolled without being	17762
placed on the unified waiting list.	17763

Sec. 173.56. (A) The department of aging shall adopt rules	17764
in accordance with section 111.15 of the Revised Code governing	17765
appeals brought under section 173.523 or 173.545 of the Revised	17766
Code. The rules shall require notice and the opportunity for a	17767
hearing. The rules may allow an appeal hearing to be conducted by	17768
telephone and permit the department to record hearings conducted	17769
by telephone. Chapter 119. of the Revised Code applies to a	17770
hearing under section 173.523 or 173.545 of the Revised Code only	17771
to the extent provided in rules the department adopts under this	17772
section.	17773

(B) An appeal shall be commenced by submission of a written	17774
request for a hearing to the director of aging within the time	17775
specified in the rules adopted under this section. The hearing may	17776
be recorded, but neither the recording nor a transcript of the	17777
recording is part of the official record of the proceeding. The	17778
director shall notify the individual bringing the appeal of the	17779
director's decision and of the procedure for appealing the	17780
decision.	17781

(C) The director's decision may be appealed to a court of	17782
common pleas pursuant to section 119.12 of the Revised Code. The	17783
appeal shall be governed by that section except as follows:	17784

(1) The appeal shall be in the court of common pleas of the	17785
county in which the individual who brings the appeal resides or,	17786
if the individual does not reside in this state, to the Franklin	17787
county court of common pleas.	17788

(2) The notice of appeal must be mailed to the department and	17789
filed with the court not later than thirty days after the	17790
department mails notice of the director's decision. For good cause	17791
shown, the court may extend the time for mailing and filing the	17792
notice of appeal, but the time cannot exceed six months from the	17793
date the department mails the notice of the director's decision.	17794

(3) If an individual applies to the court for designation as	17795
an indigent and the court grants the application, the individual	17796
shall not be required to furnish the costs of the appeal.	17797

(4) The department is required to file a transcript of the	17798
testimony of the state hearing with the court only if the court	17799
orders that the transcript be filed. The court shall make such an	17800
order only if it finds that the department and the individual	17801
bringing the appeal are unable to stipulate to the facts of the	17802
case and that the transcript is essential to a determination of	17803
the appeal. The department shall file the transcript not later	17804
than thirty days after such an order is issued.	17805

Sec. 173.60. (A) As used in this section:

17806

(1) "Nursing home" has the same meaning as in section 3721.01	17807
of the Revised Code.	17808

(2) "Person-centered care" means a relationship-based	17809
approach to care that honors and respects the opinions of	17810
individuals receiving care and those working closely with them.	17811

(B) The department of aging shall implement a nursing home	17812
quality initiative to improve person-centered care that nursing	17813
homes provide. The office of the state long-term care ombudsman	17814
program shall assist the department with the initiative. The	17815
initiative shall include quality improvement projects that provide	17816
nursing homes with resources and on-site education promoting	17817
person-centered strategies and positive resident outcomes, as well	17818
as other assistance designed to improve the quality of nursing	17819
home services.	17820

(C) The department shall make available a list of quality	17821
improvement projects offered by the following entities that may be	17822
used by nursing homes in meeting the requirements of section	17823
3721.072 of the Revised Code:	17824

(1) The department;

17825

(2) A quality improvement organization under contract with	17826
the United States secretary of health and human services to carry	17827
out the state functions described in section 1154 of the "Social	17828
Security Act," 42 U.S.C. 1320c-3;	17829

(3) Other state agencies;

17830

(4) The Ohio person-centered care coalition;

17831

(5) Any other academic, research, or health care entity	17832
identified by the department.	17833

(D) The department shall consult with representatives of	17834
nursing homes when developing the list of quality improvement	17835
projects under division (C) of this section and include projects	17836
that the department and representatives agree should be on the	17837
list.	17838

(E) The director of aging may adopt rules in accordance with	17839
Chapter 119. of the Revised Code as necessary to implement this	17840
section.	17841

Sec. 173.99. (A) A long-term care provider, person employed	17842
by a long-term care provider, other entity, or employee of such	17843
other entity that violates division (C) of section 173.24 of the	17844
Revised Code is subject to a fine not to exceed one thousand	17845
dollars for each violation.	17846

(B) Whoever violates division (C) of section 173.23 of the	17847
Revised Code is guilty of registering a false complaint, a	17848
misdemeanor of the first degree.	17849

(C) A long-term care provider, other entity, or person	17850
employed by a long-term care provider or other entity that	17851
violates division (E) of section 173.19 of the Revised Code by	17852
denying a representative of the office of the state long-term care	17853
~~ombudsperson~~ombudsman program the access required by that	17854
division is subject to a fine not to exceed five hundred dollars	17855
for each violation.	17856

(D) Whoever violates division (C) of section 173.44 of the	17857
Revised Code is subject to a fine of one hundred dollars.	17858

Sec. 189.04. (A) The local government innovation council	17859
shall award loans to a qualified political subdivision or a	17860
qualified group of political subdivisions to be used for the	17861
purchase of equipment, facilities, or systems or for	17862
implementation costs.	17863

Loans made under division (A) of this section shall be repaid	17864
by recipients using savings achieved from the innovation project.	17865

(B) Up to twenty per cent of the funds in the local	17866
government innovation fund, established in section 189.05 of the	17867
Revised Code, may be awarded by the council as grants to political	17868
subdivisions for use in process improvement or implementation of	17869
innovation project awards.	17870

(C) The council shall award not more than one hundred	17871
thousand dollars in total grants and not more than one hundred	17872
thousand dollars in total loans to an individual political	17873
subdivision per innovation project under this section. For an	17874
innovation project involving a qualified group of political	17875
subdivisions, the council shall award, in total grants and loans,	17876
not more than five hundred thousand dollars, and the average	17877
amount per political subdivision shall not exceed one hundred	17878
thousand dollars.	17879

(D)(1) On and after July 1, 2013, the council shall not award	17880
grants from the local government innovation fund to any political	17881
subdivision described in division (A) of Section 263.325 of H.B.	17882
59 of the 130th General Assembly.	17883

(2) On and after July 1, 2014, the council shall not award	17884
loans from the local government innovation fund to any political	17885
subdivision described in division (A) of Section 263.325 of H.B.	17886
59 of the 130th General Assembly.	17887

Sec. 189.06. (A) All political subdivisions of the state are	17888
eligible to apply for awards under the local government innovation	17889
program, except as provided in division (D) of section 189.04 of	17890
the Revised Code. Applications shall be submitted to the	17891
department of development on a form specified by the director of	17892
development. The department shall provide the application to the	17893
local government innovation council for evaluation and selection.	17894

The local government innovation council shall award loans and	17895
grants under the program in accordance with a competitive process	17896
to be developed by the council.	17897

(B) Not later than December 31, 2011, the council shall	17898
establish criteria for evaluating proposals and making awards to	17899
political subdivisions. The criteria shall be developed in	17900
consultation with nonpublic entities involved in local government	17901
issues, state institutions of higher education, and the department	17902
of development, as determined by the council. The criteria shall	17903
include a requirement that at least one of the political	17904
subdivisions that is a party to the proposal provide matching	17905
funds. The matching funds may be provided by a nonpublic entity.	17906
The criteria for evaluating proposals may include the following	17907
provisions:	17908

(1) The expected return on investment, based on the ratio of	17909
expected savings;	17910

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

17911

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

17912

(4) The percentage of local matching funds available;

17913

(5) The ability to replicate the proposal in other political	17914
subdivisions;	17915

(6) Whether the proposal is part of a larger consolidation	17916
effort by the applicant or applicants;	17917

(7) Whether the proposal is to implement performance audit or	17918
other audit recommendations under Chapter 117. of the Revised	17919
Code;	17920

(8) Whether the applicant has successfully completed an	17921
innovation project in the past.	17922

Sec. 191.01. As used in this chapter:

17923

(A) "Administrative safeguards," "availability,"	17924
"confidentiality," "integrity," "physical safeguards," and	17925
"technical safeguards" have the same meanings as in 45 C.F.R.	17926
164.304.	17927

(B) "Business associate," "covered entity," "health plan,"	17928
"individually identifiable health information," and "protected	17929
health information" have the same meanings as in 45 C.F.R.	17930
160.103.	17931

(C) "Executive director of the office of health	17932
transformation" or "executive director" means the executive	17933
director of the office of health transformation or the chief	17934
administrative officer of a successor governmental entity	17935
responsible for health system oversight in this state.	17936

(D) "Government program providing public benefits" means any	17937
program administered by a state agency that has been identified,	17938
pursuant to section 191.02 of the Revised Code, by the executive	17939
director of the office of health transformation in consultation	17940
with the individuals specified in that section.	17941

(E) "Office of health transformation" means the office of	17942
health transformation created by executive order 2011-02K.	17943

(F) "Operating protocol" means a protocol adopted by the	17944
executive director of the office of health transformation or the	17945
executive director's designee under division (D) of section 191.06	17946
of the Revised Code.	17947

(G) "Participating agency" means a state agency that	17948
participates in a health transformation initiative as specified in	17949
the one or more operating protocols adopted for the initiative	17950
under division (D) of section 191.06 of the Revised Code.	17951

(H) "Personally identifiable information" means information	17952
that meets both of the following criteria:	17953

(1) It identifies an individual or there is a reasonable	17954
basis to believe that it may be used to identify an individual;	17955

(2) It relates to an individual's eligibility for,	17956
application for, or receipt of public benefits from a government	17957
program providing public benefits.	17958

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

17959

(1) The department of aging;

17960

(2) ~~The department of alcohol and drug addiction services;~~

17961

~~(3)~~ The ~~department of~~ development services agency;

17962

~~(4)~~(3) The department of developmental disabilities;

17963

~~(5)~~(4) The department of education;

17964

~~(6)~~(5) The department of health;

17965

~~(7)~~(6) The department of insurance;

17966

~~(8)~~(7) The department of job and family services;

17967

~~(9)~~(8) The department of medicaid;

17968

(9) The department of ~~mental health~~mental health and	17969
addiction services;	17970

(10) The department of rehabilitation and correction;

17971

(11) The department of taxation;

17972

(12) The department of veterans services;

17973

(13) The department of youth services.

17974

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

17975

Sec. 191.02. The executive director of the office of health	17976
transformation, in consultation with all of the following	17977
individuals, shall identify each government program administered	17978
by a state agency that is to be considered a government program	17979
providing public benefits for purposes of section 191.04 of the	17980
Revised Code:	17981

(A) The director of aging;

17982

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

17983

~~(C)~~ The director of development services;

17984

~~(D)~~(C) The director of developmental disabilities;

17985

~~(E)~~(D) The director of health;

17986

~~(F)~~(E) The director of job and family services;

17987

~~(G)~~(F) The director of medicaid;

17988

(G) The director of ~~mental health~~mental health and addiction	17989
services;	17990

(H) The director of rehabilitation and correction;

17991

(I) The director of veterans services;

17992

(J) The director of youth services;

17993

(K) The administrator of the rehabilitation services	17994
commission;	17995

(L) The administrator of workers' compensation;

17996

(M) The superintendent of insurance;

17997

(N) The superintendent of public instruction;

17998

(O) The tax commissioner.

17999

Sec. 191.04. (A) In accordance with federal laws governing	18000
the confidentiality of individually identifiable health	18001
information, including the "Health Insurance Portability and	18002
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	18003
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	18004
by the United States department of health and human services to	18005
implement the act, a state agency may exchange protected health	18006
information with another state agency relating to eligibility for	18007
or enrollment in a health plan or relating to participation in a	18008
government program providing public benefits if the exchange of	18009
information is necessary for either or both of the following:	18010

(1) Operating a health plan;

18011

(2) Coordinating, or improving the administration or	18012
management of, the health care-related functions of at least one	18013
government program providing public benefits.	18014

(B) For fiscal ~~year~~years 2013, 2014, and 2015 only, a state	18015
agency also may exchange personally identifiable information with	18016
another state agency for purposes related to and in support of a	18017
health transformation initiative identified by the executive	18018
director of the office of health transformation pursuant to	18019
division (C) of section 191.06 of the Revised Code.	18020

(C) With respect to a state agency that uses or discloses	18021
personally identifiable information, all of the following	18022
conditions apply:	18023

(1) The state agency shall use or disclose the information	18024
only as permitted or required by state and federal law. In	18025
addition, if the information is obtained during fiscal year 2013	18026
from an exchange of personally identifiable information permitted	18027
under division (B) of this section, the agency shall also use or	18028
disclose the information in accordance with all operating	18029
protocols that apply to the use or disclosure.	18030

(2) If the state agency is a state agency other than the	18031
department of ~~job and family services~~medicaid and it uses or	18032
discloses protected health information that is related to a	18033
medicaid recipient and obtained from the department of ~~job and~~	18034
~~family services~~medicaid or another agency operating a component	18035
of the medicaid program, the state agency shall comply with all	18036
state and federal laws that apply to the department of ~~job and~~	18037
~~family services~~medicaid when that department, as the state's	18038
single state agency to supervise the medicaid program ~~as specified~~	18039
~~in section 5111.01 of the Revised Code~~, uses or discloses	18040
protected health information.	18041

(3) A state agency shall implement administrative, physical,	18042
and technical safeguards for the purpose of protecting the	18043
confidentiality, integrity, and availability of personally	18044
identifiable information the creation, receipt, maintenance, or	18045
transmittal of which is affected or governed by this section.	18046

(4) If a state agency discovers an unauthorized use or	18047
disclosure of unsecured protected health information or unsecured	18048
individually identifiable health information, the state agency	18049
shall, not later than seventy-two hours after the discovery, do	18050
all of the following:	18051

(a) Identify the individuals who are the subject of the	18052
protected health information or individually identifiable health	18053
information;	18054

(b) Report the discovery and the names of all individuals	18055
identified pursuant to division (C)(4)(a) of this section to all	18056
other state agencies and the executive director of the office of	18057
health transformation or the executive director's designee;	18058

(c) Mitigate, to the extent reasonably possible, any	18059
potential adverse effects of the unauthorized use or disclosure.	18060

(5) A state agency shall make available to the executive	18061
director of the office of health transformation or the executive	18062
director's designee, and to any other state or federal	18063
governmental entity required by law to have access on that	18064
entity's request, all internal practices, records, and	18065
documentation relating to personally identifiable information it	18066
receives, uses, or discloses that is affected or governed by this	18067
section.	18068

(6) On termination or expiration of an operating protocol and	18069
if feasible, a state agency shall return or destroy all personally	18070
identifiable information received directly from or received on	18071
behalf of another state agency. If the personally identifiable	18072
information is not returned or destroyed, the state agency	18073
maintaining the information shall extend the protections set forth	18074
in this section for as long as it is maintained.	18075

(7) If a state agency enters into a subcontract or, when	18076
required by 45 C.F.R. 164.502(e)(2), a business associate	18077
agreement, the subcontract or business associate agreement shall	18078
require the subcontractor or business associate to comply with the	18079
terms of this section as if the subcontractor or business	18080
associate were a state agency.	18081

Sec. 191.06. (A) The provisions of this section shall apply	18082
only for fiscal ~~year~~years 2013, 2014, and 2015.	18083

(B) The executive director of the office of health	18084
transformation or the executive director's designee may facilitate	18085
the coordination of operations and exchange of information between	18086
state agencies. The purpose of the executive director's authority	18087
under this section is to support agency collaboration for health	18088
transformation purposes, including modernization of the medicaid	18089
program, streamlining of health and human services programs in	18090
this state, and improving the quality, continuity, and efficiency	18091
of health care and health care support systems in this state.	18092

(C) In furtherance of the authority of the executive director	18093
of the office of health transformation under division (B) of this	18094
section, the executive director or the executive director's	18095
designee shall identify each health transformation initiative in	18096
this state that involves the participation of two or more state	18097
agencies and that permits or requires an interagency agreement to	18098
be entered into for purposes of specifying each participating	18099
agency's role in coordinating, operating, or funding the	18100
initiative, or facilitating the exchange of data or other	18101
information for the initiative. The executive director shall	18102
publish a list of the identified health transformation initiatives	18103
on the internet web site maintained by the office of health	18104
transformation.	18105

(D) For each health transformation initiative that is	18106
identified under division (C) of this section, the executive	18107
director or the executive director's designee shall, in	18108
consultation with each participating agency, adopt one or more	18109
operating protocols. Notwithstanding any law enacted by the	18110
general assembly or rule adopted by a state agency, the provisions	18111
in a protocol shall supersede any provisions in an interagency	18112
agreement, including an interagency agreement entered into under	18113
section 5101.10 or ~~5111.91~~5162.35 of the Revised Code, that	18114
differ from the provisions of the protocol.	18115

(E)(1) An operating protocol adopted under division (D) of	18116
this section shall include both of the following:	18117

(a) All terms necessary to meet the requirements of "other	18118
arrangements" between a covered entity and a business associate	18119
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	18120

(b) If known, the date on which the protocol will terminate	18121
or expire.	18122

(2) In addition, a protocol may specify the extent to which	18123
each participating agency is responsible and accountable for	18124
completing the tasks necessary for successful completion of the	18125
initiative, including tasks relating to the following components	18126
of the initiative:	18127

(a) Workflow;

18128

(b) Funding;

18129

(c) Exchange of data or other information that is	18130
confidential pursuant to state or federal law.	18131

(F) An operating protocol adopted under division (D) of this	18132
section shall have the same force and effect as an interagency	18133
agreement or data sharing agreement, and each participating agency	18134
shall comply with it.	18135

~~(G) The director of job and family services shall determine~~	18136
~~whether a waiver of federal medicaid requirements or a medicaid~~	18137
~~state plan amendment is necessary to fulfill the requirements of~~	18138
~~this section. If the director determines a waiver or medicaid~~	18139
~~state plan amendment is necessary, the director shall apply to the~~	18140
~~United States secretary of health and human services for the~~	18141
~~waiver or amendment.~~	18142

Sec. 191.061. (A) As used in this section:

18143

(1) "Core competencies" means the minimum standards a direct	18144
care worker must meet when providing direct care services and	18145
engaging in any one or more of the following activities associated	18146
with care for a medicaid recipient: maintaining a clean and safe	18147
environment, ensuring recipient-centered care, promoting the	18148
recipient's development, assisting the recipient with activities	18149
of daily living, communicating with the recipient, completing	18150
administrative tasks, and participating in professional	18151
development activities.	18152

(2) "Direct care services" means health care services,	18153
ancillary services, or services related to or in support of the	18154
provision of health care or ancillary services.	18155

(3) "Direct care worker" means an individual who, for direct	18156
or indirect payment, provides direct care services to a medicaid	18157
recipient in the recipient's home, place of residence, or other	18158
setting as specified in rules adopted under section 5164.02 of the	18159
Revised Code.	18160

(B) Not later than June 30, 2014, the executive director of	18161
the office of health transformation or the executive director's	18162
designee, in consultation with the medicaid director and the	18163
directors of aging, developmental disabilities, health, and mental	18164
health and addiction services, shall execute an operating protocol	18165
in accordance with division (D) of section 191.06 of the Revised	18166
Code documenting the manner in which each of the directors'	18167
departments determine that direct care workers associated with	18168
programs administered by the departments demonstrate core	18169
competencies. The executive director or the executive director's	18170
designee and any one or more of the directors may decide that core	18171
competencies are demonstrated by a direct care worker attaining	18172
certification through the direct care worker certification program	18173
established by the director of health under section 3701.95 of the	18174
Revised Code. A decision to this effect does not preclude a	18175
director from specifying additional requirements a direct care	18176
worker must meet to participate in a program administered by the	18177
director's department.	18178

Sec. 301.28. (A) As used in this section:

18179

(1) "Financial transaction device" includes a credit card,	18180
debit card, charge card, or prepaid or stored value card, or	18181
automated clearinghouse network credit, debit, or e-check entry	18182
that includes, but is not limited to, accounts receivable and	18183
internet-initiated, point of purchase, and telephone-initiated	18184
applications or any other device or method for making an	18185
electronic payment or transfer of funds.	18186

(2) "County expenses" includes fees, costs, taxes,	18187
assessments, fines, penalties, payments, or any other expense a	18188
person owes or otherwise pays to a county office under the	18189
authority of a county official, other than dog registration and	18190
kennel fees required to be paid under Chapter 955. of the Revised	18191
Code. "County expenses" includes payment to a county office of	18192
money confiscated during the commitment of an individual to a	18193
county jail, of bail, of money for a prisoner's inmate account,	18194
and of money for goods and services obtained by or for the use of	18195
an individual incarcerated by a county sheriff.	18196

(3) "County official" includes the county auditor, county	18197
treasurer, county engineer, county recorder, county prosecuting	18198
attorney, county sheriff, county coroner, county park district and	18199
board of county commissioners, the clerk of the probate court, the	18200
clerk of the juvenile court, the clerks of court for all divisions	18201
of the courts of common pleas, and the clerk of the court of	18202
common pleas, the clerk of a county-operated municipal court, and	18203
the clerk of a county court.	18204

The term "county expenses" includes county expenses owed to	18205
the board of health of the general health district or a combined	18206
health district in the county. If the board of county	18207
commissioners authorizes county expenses to be paid by financial	18208
transaction devices under this section, then the board of health	18209
and the general health district and the combined health district	18210
may accept payments by financial transaction devices under this	18211
section as if the board were a "county official" and the district	18212
were a county office. However, in the case of a general health	18213
district formed by unification of general health districts under	18214
section 3709.10 of the Revised Code, this entitlement applies only	18215
if all the boards of county commissioners of all counties in the	18216
district have authorized payments to be accepted by financial	18217
transaction devices.	18218

(B) Notwithstanding any other section of the Revised Code and	18219
except as provided in division (D) of this section, a board of	18220
county commissioners may adopt a resolution authorizing the	18221
acceptance of payments by financial transaction devices for county	18222
expenses. The resolution shall include the following:	18223

(1) A specification of those county officials who, and of the	18224
county offices under those county officials that, are authorized	18225
to accept payments by financial transaction devices;	18226

(2) A list of county expenses that may be paid for through	18227
the use of a financial transaction device;	18228

(3) Specific identification of financial transaction devices	18229
that the board authorizes as acceptable means of payment for	18230
county expenses. Uniform acceptance of financial transaction	18231
devices among different types of county expenses is not required.	18232

(4) The amount, if any, authorized as a surcharge or	18233
convenience fee under division (E) of this section for persons	18234
using a financial transaction device. Uniform application of	18235
surcharges or convenience fees among different types of county	18236
expenses is not required.	18237

(5) A specific provision as provided in division (G) of this	18238
section requiring the payment of a penalty if a payment made by	18239
means of a financial transaction device is returned or dishonored	18240
for any reason.	18241

The board's resolution shall also designate the county	18242
treasurer as an administrative agent to solicit proposals, within	18243
guidelines established by the board in the resolution and in	18244
compliance with the procedures provided in division (C) of this	18245
section, from financial institutions, issuers of financial	18246
transaction devices, and processors of financial transaction	18247
devices, to make recommendations about those proposals to the	18248
board, and to assist county offices in implementing the county's	18249
financial transaction devices program. The county treasurer may	18250
decline this responsibility within thirty days after receiving a	18251
copy of the board's resolution by notifying the board in writing	18252
within that period. If the treasurer so notifies the board, the	18253
board shall perform the duties of the administrative agent.	18254

If the county treasurer is the administrative agent and fails	18255
to administer the county financial transaction devices program in	18256
accordance with the guidelines in the board's resolution, the	18257
board shall notify the treasurer in writing of the board's	18258
findings, explain the failures, and give the treasurer six months	18259
to correct the failures. If the treasurer fails to make the	18260
appropriate corrections within that six-month period, the board	18261
may pass a resolution declaring the board to be the administrative	18262
agent. The board may later rescind that resolution at its	18263
discretion.	18264

(C) The county shall follow the procedures provided in this	18265
division whenever it plans to contract with financial	18266
institutions, issuers of financial transaction devices, or	18267
processors of financial transaction devices for the purposes of	18268
this section. The administrative agent shall request proposals	18269
from at least three financial institutions, issuers of financial	18270
transaction devices, or processors of financial transaction	18271
devices, as appropriate in accordance with the resolution adopted	18272
under division (B) of this section. Prior to sending any financial	18273
institution, issuer, or processor a copy of any such request, the	18274
county shall advertise its intent to request proposals in a	18275
newspaper of general circulation in the county once a week for two	18276
consecutive weeks or as provided in section 7.16 of the Revised	18277
Code. The notice shall state that the county intends to request	18278
proposals; specify the purpose of the request; indicate the date,	18279
which shall be at least ten days after the second publication, on	18280
which the request for proposals will be mailed to financial	18281
institutions, issuers, or processors; and require that any	18282
financial institution, issuer, or processor, whichever is	18283
appropriate, interested in receiving the request for proposals	18284
submit written notice of this interest to the county not later	18285
than noon of the day on which the request for proposals will be	18286
mailed.	18287

Upon receiving the proposals, the administrative agent shall	18288
review them and make a recommendation to the board of county	18289
commissioners on which proposals to accept. The board of county	18290
commissioners shall consider the agent's recommendation and review	18291
all proposals submitted, and then may choose to contract with any	18292
or all of the entities submitting proposals, as appropriate. The	18293
board shall provide any financial institution, issuer, or	18294
processor that submitted a proposal, but with which the board does	18295
not enter into a contract, notice that its proposal is rejected.	18296
The notice shall state the reasons for the rejection, indicate	18297
whose proposals were accepted, and provide a copy of the terms and	18298
conditions of the successful bids.	18299

(D) A board of county commissioners adopting a resolution	18300
under this section shall send a copy of the resolution to each	18301
county official in the county who is authorized by the resolution	18302
to accept payments by financial transaction devices. After	18303
receiving the resolution and before accepting payments by	18304
financial transaction devices, a county official shall provide	18305
written notification to the board of county commissioners of the	18306
official's intent to implement the resolution within the	18307
official's office. Each county office subject to the board's	18308
resolution adopted under division (B) of this section may use only	18309
the financial institutions, issuers of financial transaction	18310
devices, and processors of financial transaction devices with	18311
which the board of county commissioners contracts, and each such	18312
office is subject to the terms of those contracts.	18313

If a county office under the authority of a county official	18314
is directly responsible for collecting one or more county expenses	18315
and the county official determines not to accept payments by	18316
financial transaction devices for one or more of those expenses,	18317
the office shall not be required to accept payments by financial	18318
transaction devices, notwithstanding the adoption of a resolution	18319
by the board of county commissioners under this section.	18320

Any office of a clerk of the court of common pleas that	18321
accepts financial transaction devices on or before July 1, 1999,	18322
and any other county office that accepted such devices before	18323
January 1, 1998, may continue to accept such devices without being	18324
subject to any resolution passed by the board of county	18325
commissioners under division (B) of this section, or any other	18326
oversight by the board of the office's financial transaction	18327
devices program. Any such office may use surcharges or convenience	18328
fees in any manner the county official in charge of the office	18329
determines to be appropriate, and, if the county treasurer	18330
consents, may appoint the county treasurer to be the office's	18331
administrative agent for purposes of accepting financial	18332
transaction devices. In order not to be subject to the resolution	18333
of the board of county commissioners adopted under division (B) of	18334
this section, a county office shall notify the board in writing	18335
within thirty days after March 30, 1999, that it accepted	18336
financial transaction devices prior to January 1, 1998, or, in the	18337
case of the office of a clerk of the court of common pleas, the	18338
clerk has accepted or will accept such devices on or before July	18339
1, 1999. Each such notification shall explain how processing costs	18340
associated with financial transaction devices are being paid and	18341
shall indicate whether surcharge or convenience fees are being	18342
passed on to consumers.	18343

(E) A board of county commissioners may establish a surcharge	18344
or convenience fee that may be imposed upon a person making	18345
payment by a financial transaction device. The surcharge or	18346
convenience fee shall not be imposed unless authorized or	18347
otherwise permitted by the rules prescribed by an agreement	18348
governing the use and acceptance of the financial transaction	18349
device.	18350

If a surcharge or convenience fee is imposed, every county	18351
office accepting payment by a financial transaction device,	18352
regardless of whether that office is subject to a resolution	18353
adopted by a board of county commissioners, shall clearly post a	18354
notice in that office and shall notify each person making a	18355
payment by such a device about the surcharge or fee. Notice to	18356
each person making a payment shall be provided regardless of the	18357
medium used to make the payment and in a manner appropriate to	18358
that medium. Each notice shall include all of the following:	18359

(1) A statement that there is a surcharge or convenience fee	18360
for using a financial transaction device;	18361

(2) The total amount of the charge or fee expressed in	18362
dollars and cents for each transaction, or the rate of the charge	18363
or fee expressed as a percentage of the total amount of the	18364
transaction, whichever is applicable;	18365

(3) A clear statement that the surcharge or convenience fee	18366
is nonrefundable.	18367

(F) If a person elects to make a payment to the county by a	18368
financial transaction device and a surcharge or convenience fee is	18369
imposed, the payment of the surcharge or fee shall be considered	18370
voluntary and the surcharge or fee is not refundable.	18371

(G) If a person makes payment by financial transaction device	18372
and the payment is returned or dishonored for any reason, the	18373
person is liable to the county for payment of a penalty over and	18374
above the amount of the expense due. The board of county	18375
commissioners shall determine the amount of the penalty, which may	18376
be either a fee not to exceed twenty dollars or payment of the	18377
amount necessary to reimburse the county for banking charges,	18378
legal fees, or other expenses incurred by the county in collecting	18379
the returned or dishonored payment. The remedies and procedures	18380
provided in this section are in addition to any other available	18381
civil or criminal remedies provided by law.	18382

(H) No person making any payment by financial transaction	18383
device to a county office shall be relieved from liability for the	18384
underlying obligation except to the extent that the county	18385
realizes final payment of the underlying obligation in cash or its	18386
equivalent. If final payment is not made by the financial	18387
transaction device issuer or other guarantor of payment in the	18388
transaction, the underlying obligation shall survive and the	18389
county shall retain all remedies for enforcement that would have	18390
applied if the transaction had not occurred.	18391

(I) A county official or employee who accepts a financial	18392
transaction device payment in accordance with this section and any	18393
applicable state or local policies or rules is immune from	18394
personal liability for the final collection of such payments.	18395

Sec. 305.23. (A) As used in this section:

18396

(1) "County office" means the offices of the county	18397
commissioner, county auditor, county treasurer, county engineer,	18398
county recorder, county prosecuting attorney, county sheriff,	18399
county coroner, county park district, veterans service commission,	18400
clerk of the juvenile court, clerks of court for all divisions of	18401
the courts of common pleas, including the clerk of the court of	18402
common pleas, clerk of a county-operated municipal court, and	18403
clerk of a county court, and any agency, department, or division	18404
under the authority of, or receiving funding in whole or in part	18405
from, any of those county offices.	18406

(2) "Human resources" means any and all functions relating to	18407
human resource management, including civil service, employee	18408
benefits administration, collective bargaining, labor relations,	18409
risk management, workers' compensation, unemployment compensation,	18410
and any human resource management function required by state or	18411
federal law, but "human resources" does not authorize a board of	18412
county commissioners to adopt a resolution establishing a	18413
centralized human resource service that requires any county office	18414
to conform to any classification and compensation plan, position	18415
descriptions, or organizational structure; to determine the rate	18416
of compensation of any employee appointed by the appointing	18417
authority of a county office or the salary ranges for positions of	18418
a county office within the aggregate limits set in the	18419
appropriation resolution of the board of county commissioners; to	18420
determine the number of or the terms of employment of any employee	18421
appointed by the appointing authority of a county office within	18422
the aggregate limits set in the board's appropriation resolution;	18423
or to exercise powers relating to the hiring, qualifications,	18424
evaluation, suspension, demotion, disciplinary action, layoff,	18425
furloughing, establishment of a modified work-week schedule, or	18426
the termination of any employee appointed by the appointing	18427
authority of any county office.	18428

(B) Subject to division (C) of this section, a board of	18429
county commissioners may adopt a resolution establishing	18430
centralized purchasing, printing, transportation, vehicle	18431
maintenance, human resources, revenue collection, and mail	18432
operation services for a county office. Before adopting a	18433
resolution under this section, the board of county commissioners,	18434
in a written notice, shall inform any other county office that	18435
will be impacted by the resolution of the board's desire to	18436
establish a centralized service or services. The written notice	18437
shall include a statement that provides the rationale and the	18438
estimated savings anticipated for centralizing a service or	18439
services. In addition, the board may request any other county	18440
office to serve as the agent and responsible party for	18441
administering a centralized service or services. That county	18442
office may enter into an agreement with the board of county	18443
commissioners to administer the centralized service or services	18444
under such terms and conditions as are included in the agreement,	18445
but nothing in this section authorizes the board of county	18446
commissioners to require a county office to serve as the agent and	18447
responsible party for administering a centralized service or	18448
services at the board's request.	18449

A resolution establishing a centralized service or services	18450
shall specify all of the following:	18451

(1) The name of the county office that will be the agent and	18452
responsible party for administering a centralized service or	18453
services, and if the agent and responsible party is not the board	18454
of county commissioners, the designation of the county office that	18455
has entered into an agreement under division (B) of this section	18456
with the board to be the agent and responsible party;	18457

(2) Which county offices are required to use the centralized	18458
services;	18459

(3) If not all of the centralized services, which centralized	18460
service each county office must use;	18461

(4) A list of rates and charges the county office shall pay	18462
for the centralized services;	18463

(5) The date upon which each county office specified in the	18464
resolution shall begin using the centralized services.	18465

Not later than ten days after a resolution is adopted under	18466
this section, the clerk of the board of county commissioners shall	18467
send a copy of the resolution to each county office that is	18468
specified in the resolution.	18469

(C) A board of county commissioners shall not adopt a	18470
resolution that establishes a centralized service or services	18471
regarding any of the following:	18472

(1) Purchases made for contract services with moneys from the	18473
special fund designated as "general fund moneys to supplement the	18474
~~equipment~~technology needs of the county recorder" under section	18475
317.321 of the Revised Code or from the funds that are paid out of	18476
the general fund of the county under sections 325.071 and 325.12	18477
of the Revised Code;	18478

(2) Purchases made with moneys from the real estate	18479
assessment fund established under section 325.31 of the Revised	18480
Code;	18481

(3) Purchases of financial software used by the county	18482
auditor;	18483

(4) The printing of county property tax bills;

18484

(5) The collection of any taxes, assessments, and fees the	18485
county treasurer is required by law to collect;	18486

(6) Purchases of software used by the county recorder.

18487

(D) Nothing in this section authorizes the board of county	18488
commissioners to have control or authority over funds that are	18489
received directly by a county office under another section of the	18490
Revised Code, or to control, or have authority regarding, the	18491
expenditure or use of such funds.	18492

Sec. 307.07. (A) The board of county commissioners, by	18493
resolution, may create an office of economic development, to	18494
develop and promote plans and programs designed to assure that	18495
county resources are efficiently used, economic growth is properly	18496
balanced, and that county economic development is coordinated with	18497
that of the state and other local governments. For this purpose,	18498
the board may appropriate moneys from the county general fund, or,	18499
pursuant to section 307.64 of the Revised Code, moneys derived	18500
from a tax levied pursuant to division (EE) of section 5705.19 of	18501
the Revised Code, for the creation and operation of the office	18502
for, any economic development purpose of the office, and to	18503
provide for the establishment and operation of a program of	18504
economic development, including in support of a county land	18505
reutilization corporation organized under Chapter 1724. of the	18506
Revised Code. The board may hire a director of economic	18507
development, who shall be a member of the unclassified civil	18508
service, and fix the director's compensation; or may do any of the	18509
following:	18510

(1) Enter into an agreement with a county planning commission	18511
within the county, created under section 713.22 of the Revised	18512
Code, or a regional planning commission, created under section	18513
713.21 of the Revised Code, regardless of whether the county is a	18514
member of the commission, to carry out all of the functions and	18515
duties of a director of economic development under division (B) of	18516
this section. Any agreement shall set forth the procedure by which	18517
the county or regional planning commission shall gain the approval	18518
of the board of county commissioners for any actions, functions,	18519
and duties under division (B) of this section. Any agreement may	18520
continue in effect for a period of one to three years and may be	18521
renewed with the consent of all parties. The civil service status	18522
of planning commission staff shall not be affected by any	18523
agreement under this division.	18524

(2) Enter into an agreement with ~~the Ohio cooperative~~OSU	18525
extension ~~service~~, providing for the use of employees hired by the	18526
Ohio state university under section 3335.36 of the Revised Code to	18527
carry out all of the functions and duties of a director of	18528
economic development under division (B) of this section. Any	18529
agreement shall set forth the procedure by which ~~the Ohio~~	18530
~~cooperative~~OSU extension ~~service~~ shall gain the approval of the	18531
board of county commissioners for any actions, functions, and	18532
duties under division (B) of this section. Any agreement may	18533
continue in effect for a period of one to three years and may be	18534
renewed with the consent of all parties. The employment	18535
classification of ~~Ohio cooperative~~OSU extension ~~service~~ employees	18536
shall not be affected by any agreement under this division.	18537

Any moneys appropriated by the board of county commissioners	18538
to execute an agreement for the provision of services pursuant to	18539
this section by ~~the Ohio cooperative~~OSU extension ~~service~~ shall	18540
be paid to the Ohio state university to the credit of the ~~Ohio~~	18541
~~cooperative~~OSU extension ~~service~~ fund created under section	18542
3335.35 of the Revised Code.	18543

(3) Enter into an agreement with a public or private	18544
nonprofit organization to carry out all of the functions and	18545
duties of a director of economic development under division (B) of	18546
this section. The agreement shall set forth the procedure by which	18547
the nonprofit organization shall gain the approval of the board of	18548
county commissioners for any actions, functions, and duties under	18549
that division. The agreement may continue in effect for a period	18550
of one to three years and may be renewed with the consent of all	18551
parties. The employment classification of the nonprofit	18552
organization's employees shall not be affected by an agreement	18553
under this division.	18554

(B) The director of economic development may:

18555

(1) With the approval of the board, hire such staff and	18556
employ such technical and advisory personnel as the director sees	18557
fit to enable the director to carry out the functions and duties	18558
of the office;	18559

(2) With the approval of the board, contract for services	18560
necessary to enable the director to carry out the functions and	18561
duties of the office;	18562

(3) With the approval of the board, enter into agreements	18563
with federal, state, and local governments and agencies thereof,	18564
and with public, private, or nonprofit organizations to carry out	18565
the functions and duties of the office;	18566

(4) Maintain membership in development organizations;

18567

(5) With the approval of the board, make loans or grants and	18568
provide other forms of financial assistance for the purpose of	18569
economic development, including financial assistance for permanent	18570
public improvements, in compliance with applicable laws of this	18571
state, and fix the rate of interest and charges to be made for	18572
such financial assistance;	18573

(6) With the approval of the board, receive and accept	18574
grants, gifts, and contributions of money, property, labor, and	18575
other things of value, to be held, used, and applied only for the	18576
purpose for which they are made, from individuals, private and	18577
public corporations, the United States government or any agency	18578
thereof, from the state or any agency thereof, or from any	18579
political subdivision or any agency thereof, and may agree to	18580
repay any contribution of money or return any property contributed	18581
or the value thereof in amounts, and on terms and conditions,	18582
excluding the payment of interest, as the director determines, and	18583
may evidence the obligations by written evidence;	18584

(7) Establish with the board any funds that are necessary for	18585
the deposit and disbursement of gifts or contributions of money	18586
accepted for economic development purposes;	18587

(8) With the approval of the board, design, implement,	18588
monitor, oversee, and evaluate economic development plans,	18589
programs, strategies, and policies;	18590

(9) Purchase real property to convey to a county land	18591
reutilization corporation to be used in accordance with its public	18592
purposes;	18593

(10) Perform all acts necessary to fulfill the functions and	18594
duties of the office.	18595

(C) The boards of county commissioners of two or more	18596
counties, by resolution, may create a joint office of economic	18597
development for the purposes set forth in division (A) of this	18598
section. The counties participating in a joint office of economic	18599
development shall enter into an agreement that sets forth the	18600
contribution of funds, services, and property to the joint office	18601
from each participating county; establishes the person, public	18602
agency, or nonprofit organization that shall carry out the	18603
functions and duties of the office; and discloses any other terms	18604
by which the joint office shall operate.	18605

The boards of county commissioners of counties participating	18606
in a joint office of economic development may appropriate moneys	18607
from their respective county general funds, or, pursuant to	18608
section 307.64 of the Revised Code, moneys derived from a tax	18609
levied pursuant to division (EE) of section 5705.19 of the Revised	18610
Code, for the creation and operation of the joint office, for any	18611
economic development purpose of the office, and to provide for the	18612
establishment and operation of a program of economic development.	18613
The participating counties may hire a director of economic	18614
development for the joint office or enter into an agreement with a	18615
public agency or nonprofit organization in a manner set forth in	18616
division (A) of this section to carry out the functions and duties	18617
set forth in division (B) of this section.	18618

Any agreement establishing a joint office of economic	18619
development shall set forth the procedure by which the person,	18620
public agency, or nonprofit organization carrying out the	18621
functions and duties of the office shall gain the approval of the	18622
participating boards of county commissioners for any actions,	18623
functions, and duties under division (B) of this section.	18624

(D) As used in this section, "economic development" has the	18625
same meaning as in section 307.64 of the Revised Code.	18626

Sec. 307.673. This section applies only in a county in which	18627
a tax is levied under section 307.697, 4301.421, 5743.024, or	18628
5743.323 of the Revised Code on ~~the effective date of this~~	18629
~~amendment~~July 19, 1995.	18630

(A) As used in this section:

18631

(1) "County taxes" means taxes levied by a board of county	18632
commissioners or legislative authority of a charter county under	18633
division (D) of section 307.697, division (B) of section 4301.421,	18634
division (C) of section 5743.024, and section 5743.323 of the	18635
Revised Code.	18636

(2) "Corporation" means a nonprofit corporation organized	18637
under the laws of this state and that includes among the purposes	18638
for which it is incorporated the authority to acquire, construct,	18639
renovate, equip, lease, manage, or operate a sports facility.	18640

(3) "Cooperative agreement" means an agreement entered into	18641
pursuant to this section.	18642

(4) "Cost of a sports facility" means the cost of acquiring,	18643
constructing, renovating, equipping, or improving one or more	18644
sports facilities, including reconstructing, rehabilitating,	18645
remodeling, and enlarging; the cost of equipping and furnishing	18646
such a facility; and all financing costs pertaining thereto,	18647
including the cost of engineering, architectural, and other	18648
professional services, designs, plans, specifications and surveys,	18649
and estimates of costs; the costs of refinancing obligations	18650
issued by, or reimbursement of money advanced by, the parties to	18651
the cooperative agreement or other persons, the proceeds of which	18652
obligations were used to pay the costs of the sports facility; the	18653
cost of tests and inspections; the cost of any indemnity or surety	18654
bonds and premiums on insurance, all related direct and	18655
administrative costs pertaining thereto, fees and expenses of	18656
trustees, depositories, and paying agents for the obligations,	18657
capitalized interest on the obligations, amounts necessary to	18658
establish reserves as required by the obligation proceedings, the	18659
reimbursement of money advanced or applied by the parties to the	18660
cooperative agreement or other persons for the payment of any item	18661
of costs of the sports facility, and all other expenses necessary	18662
or incident to planning or determining the feasibility or	18663
practicability with respect to the sports facility; and any other	18664
such expenses as may be necessary or incident to the acquisition,	18665
construction, reconstruction, rehabilitation, remodeling,	18666
renovation, enlargement, improvement, equipping, and furnishing of	18667
the sports facility, the financing of the sports facility, placing	18668
the sports facility in use and operation, including any one, part	18669
of, or combination of such classes of costs and expenses.	18670

(5) "Financing costs" has the same meaning as in section	18671
133.01 of the Revised Code.	18672

(6) "Obligations" means obligations issued or incurred to pay	18673
the cost of a sports facility, including bonds, notes,	18674
certificates of indebtedness, commercial paper, and other	18675
instruments in writing, anticipatory securities as defined in	18676
section 133.01 of the Revised Code, issued or incurred by an	18677
issuer pursuant to Chapter 133. or 4582. of the Revised Code or	18678
this section, or otherwise, to evidence the issuer's obligation to	18679
repay borrowed money, or to pay interest, by, or to pay at any	18680
future time other money obligations of, the issuer of the	18681
obligations, including obligations of an issuer or lessee to make	18682
payments under an installment sale, lease, lease-purchase, or	18683
similar agreement.	18684

(7) "Owner" means any person that owns or operates a	18685
professional athletic or sports team, that is party to a	18686
cooperative agreement, or that has a lease or other agreement with	18687
a party to a cooperative agreement, and that commits to use the	18688
sports facility that is the subject of the cooperative agreement	18689
for all of the team's home games for the period specified in that	18690
agreement.	18691

(8) "Payments," when used with reference to obligations,	18692
means payments of the principal, including any mandatory sinking	18693
fund deposits and mandatory redemption payments, interest and any	18694
redemption premium, and lease rentals, lease-purchase payments and	18695
other amounts payable under obligations in the form of installment	18696
sale, lease, lease-purchase, or similar agreements.	18697

(9) "Person" has the same meaning as defined in section	18698
133.01 of the Revised Code.	18699

(10) "Port authority" means a port authority created under	18700
Chapter 4582. of the Revised Code.	18701

(11) "Sports facility" means a facility, including a stadium,	18702
that is intended to house or provide a site for one or more major	18703
league professional athletic or sports teams or activities,	18704
together with all spectator facilities, parking facilities,	18705
walkways, and auxiliary facilities, real and personal property,	18706
property rights, easements, leasehold estates, and interests that	18707
may be appropriate for, or used in connection with, the operation	18708
of the sports facility.	18709

(B) The board of county commissioners of a county, the	18710
legislative authority of a municipal corporation, a port	18711
authority, a corporation, and an owner, or any combination	18712
thereof, may enter into one or more cooperative agreements under	18713
which the parties enter into one or more of the agreements	18714
described in divisions (B)(1) to (5) of this section.	18715

(1) The board of county commissioners agrees to do one or	18716
more of the following:	18717

(a) Levy a tax under division (D) of section 307.697,	18718
division (B) of section 4301.421, division (C) of section	18719
5743.024, and section 5743.323 of the Revised Code and make	18720
available all or a portion of the revenue from those taxes for the	18721
payment of the cost of the sports facility or to make payments on	18722
obligations;	18723

(b) Issue or incur obligations of the county pursuant to	18724
Chapter 133. of the Revised Code or this section;	18725

(c) Make available all or a portion of the revenue from those	18726
taxes or of the proceeds from the issuance of those obligations to	18727
the municipal corporation, port authority, corporation, or	18728
otherwise for the payment of the cost of a sports facility or the	18729
payment of obligations;	18730

(d) Acquire, construct, renovate, equip, lease to or from	18731
another person, and operate, directly or by a lease or management	18732
contract with another person, one or more sports facilities;	18733

(e) To the extent provided in the cooperative agreement or a	18734
lease with respect to a sports facility, authorize the municipal	18735
corporation, port authority, corporation, or owner to administer	18736
contracts for designing, planning, acquiring, constructing,	18737
renovating, or equipping a sports facility.	18738

(2) The port authority agrees to do one or more of the	18739
following:	18740

(a) Issue or incur obligations of the port authority pursuant	18741
to Chapter 133. or 4582. of the Revised Code or this section;	18742

(b) Make available all or a portion of the proceeds from the	18743
issuance of those obligations to the municipal corporation,	18744
county, or corporation for the payment of the cost of a sports	18745
facility or the payment of obligations;	18746

(c) Acquire, construct, renovate, equip, lease to or from	18747
another person, and operate, directly or by a lease or management	18748
contract with another person, one or more sports facilities;	18749

(d) To the extent provided in the cooperative agreement or a	18750
lease with respect to a sports facility, authorize the municipal	18751
corporation, county, corporation, or owner to administer contracts	18752
for designing, planning, acquiring, constructing, renovating, or	18753
equipping a sports facility.	18754

(3) The legislative authority of the municipal corporation	18755
agrees to do one or more of the following:	18756

(a) Make available the revenue from taxes levied by the	18757
legislative authority for the payment of the cost of a sports	18758
facility or to make payments on obligations;	18759

(b) Issue or incur obligations of the municipal corporation	18760
pursuant to Chapter 133. of the Revised Code or otherwise;	18761

(c) Make available all or a portion of the proceeds from the	18762
issuance of those obligations to the county, port authority,	18763
corporation, or otherwise for the payment of the cost of a sports	18764
facility or the payment of obligations;	18765

(d) Acquire, construct, renovate, equip, lease to or from	18766
another person, and operate, directly or by a lease or management	18767
contract with another person, one or more sports facilities;	18768

(e) To the extent provided in the cooperative agreement or a	18769
lease with respect to a sports facility, authorize the county,	18770
port authority, corporation, or owner to administer contracts for	18771
designing, planning, acquiring, constructing, renovating, or	18772
equipping a sports facility.	18773

(4) The corporation agrees to do one or more of the	18774
following:	18775

(a) Issue or incur obligations;

18776

(b) Make available all or a portion of the proceeds from the	18777
issuance of those obligations to the county, port authority,	18778
municipal corporation, or otherwise for the payment of the cost of	18779
a sports facility or the payment of obligations;	18780

(c) Acquire, construct, renovate, equip, lease to or from	18781
another person, and operate, directly or by a lease or management	18782
contract with another person, one or more sports facilities;	18783

(d) To the extent provided in the cooperative agreement or a	18784
lease with respect to a sports facility, agree that the	18785
corporation will administer contracts for designing, planning,	18786
acquiring, constructing, renovating, or equipping a sports	18787
facility.	18788

(5) The owner agrees to do one or more of the following:

18789

(a) Use the sports facility that is the subject of the	18790
cooperative agreement for all of the home games of the owner's	18791
professional athletic or sports team for a specified period;	18792

(b) Administer contracts for designing, planning, acquiring,	18793
constructing, renovating, or equipping a sports facility.	18794

(C) Any obligations may be secured by a trust agreement	18795
between the issuer of obligations and a corporate trustee that is	18796
a trust company or bank having the powers of a trust company in or	18797
outside this state and authorized to exercise corporate trust	18798
powers in this state. Proceeds from the issuance of any	18799
obligations or the taxes levied and collected by any party to the	18800
cooperative agreement may be deposited with and administered by a	18801
trustee pursuant to the trust agreement.	18802

(D) Any contract for the acquisition, construction,	18803
renovation, or equipping of a sports facility entered into,	18804
assigned, or assumed under this section shall provide that all	18805
laborers and mechanics employed in the acquisition, construction,	18806
renovation, or equipping of the sports facility shall be paid at	18807
the prevailing rates of wages of laborers and mechanics for the	18808
class of work called for, as those wages are determined in	18809
accordance with Chapter 4115. of the Revised Code.	18810

Sec. 307.674. (A) As used in this section:

18811

(1) "Bonds" means:

18812

(a) Revenue bonds of the port authority described in division	18813
(B)(2)(a) of this section;	18814

(b) Securities as defined in division (KK) of section 133.01	18815
of the Revised Code issued by the host municipal corporation,	18816
described in division (B)(3)(a) of this section;	18817

(c) Any bonds issued to refund any of those revenue bonds or	18818
securities.	18819

(2) "Corporation" means a nonprofit corporation that is	18820
organized under the laws of this state and that includes within	18821
the purposes for which it is incorporated the authorization to	18822
lease and operate facilities such as a port authority educational	18823
and cultural performing arts facility.	18824

(3) "Cost," as applied to a port authority educational and	18825
cultural performing arts facility, means the cost of acquiring,	18826
constructing, renovating, rehabilitating, equipping, or improving	18827
the facility, or any combination of those purposes, collectively	18828
referred to in this section as "construction," and the cost of	18829
acquisition of all land, rights of way, property rights,	18830
easements, franchise rights, and interests required for those	18831
purposes, the cost of demolishing or removing any buildings or	18832
structures on land so acquired, including the cost of acquiring	18833
any land to which those buildings or structures may be moved, the	18834
cost of public utility and common carrier relocation or	18835
duplication, the cost of all machinery, furnishings, and	18836
equipment, financing charges, interest prior to and during	18837
construction and for not more than three years after completion of	18838
construction, costs arising under guaranty agreements,	18839
reimbursement agreements, or other credit enhancement agreements	18840
relating to bonds, engineering, expenses of research and	18841
development with respect to such facility, legal expenses, plans,	18842
specifications, surveys, studies, estimates of costs and revenues,	18843
other expenses necessary or incident to determining the	18844
feasibility or practicability of acquiring or constructing the	18845
facility, administrative expense, and other expenses as may be	18846
necessary or incident to that acquisition or construction and the	18847
financing of such acquisition or construction, including, with	18848
respect to the revenue bonds of a port authority, amounts to be	18849
paid into any special funds from the proceeds of those bonds, and	18850
repayments to the port authority, host county, host municipal	18851
corporation, or corporation of any amounts advanced for the	18852
foregoing purposes.	18853

(4) "Debt service charges" means, for any period or payable	18854
at any time, the principal of and interest and any premium due on	18855
bonds for that period or payable at that time whether due at	18856
maturity or upon mandatory redemption, together with any required	18857
deposits to reserves for the payment of principal of and interest	18858
on those bonds, and includes any payments required by the port	18859
authority to satisfy any of its obligations under or arising from	18860
any guaranty agreements, reimbursement agreements, or other credit	18861
enhancement agreements described in division (C) of this section.	18862

(5) "Host county" means the county within the boundaries of	18863
which the port authority educational and cultural performing arts	18864
facility is or will be located.	18865

(6) "Host municipal corporation" means the municipal	18866
corporation within the boundaries of which the port authority	18867
educational and cultural performing arts facility is or will be	18868
located.	18869

(7) "Port authority" means a port authority created pursuant	18870
to section 4582.22 of the Revised Code.	18871

(8) "Port authority educational and cultural performing arts	18872
facility" means a facility that consists of a center for music or	18873
other performing arts, a theater or other facilities to provide	18874
programs of an educational, recreational, or cultural nature, or	18875
any combination of those purposes as determined by the parties to	18876
the cooperative agreement for which provision is made in division	18877
(B) of this section to fulfill the public educational,	18878
recreational, and cultural purposes set forth therein, together	18879
with all parking facilities, walkways, and other auxiliary	18880
facilities, real and personal property, property rights,	18881
easements, and interests that may be appropriate for, or used in	18882
connection with, the operation of the facility.	18883

(B) A host county, a host municipal corporation, and a port	18884
authority may enter into a cooperative agreement with a	18885
corporation under which, as further provided for in that	18886
agreement:	18887

(1) The host county may agree to do any or all of the	18888
following:	18889

(a) Levy and collect a tax under division (E) and division	18890
(F) of section 5739.09 of the Revised Code for the purposes, and	18891
in an amount sufficient for those purposes, described in divisions	18892
(B)(1)(b) and (c) of this section;	18893

(b) Pay to the port authority all or such portion as provided	18894
for in the cooperative agreement of the revenue from the tax,	18895
together with any investment earnings on that revenue, to be used	18896
to pay a portion of the costs of acquiring, constructing,	18897
renovating, rehabilitating, equipping, or improving the port	18898
authority educational and cultural performing arts facility;	18899

(c) Pledge and pay to the corporation all or such portion as	18900
provided for in the cooperative agreement of the revenue from the	18901
tax, together with any investment earnings on that revenue, to be	18902
used to pay a portion of the costs to the corporation of leasing	18903
the port authority educational and cultural performing arts	18904
facility from the port authority.	18905

(2) The port authority may agree to do any or all of the	18906
following:	18907

(a) Issue its revenue bonds pursuant to section 4582.48 of	18908
the Revised Code for the purpose of paying all or a portion of the	18909
costs of the port authority educational and cultural performing	18910
arts facility;	18911

(b) Acquire, construct, renovate, rehabilitate, equip, and	18912
improve the port authority educational and cultural performing	18913
arts facility;	18914

(c) Lease the port authority educational and cultural	18915
performing arts facility to the corporation;	18916

(d) To the extent provided for in the cooperative agreement	18917
or the lease to the corporation, authorize the corporation to	18918
administer on behalf of the port authority the contracts for	18919
acquiring, constructing, renovating, rehabilitating, or equipping	18920
the port authority educational and cultural performing arts	18921
facility;	18922

(e) Use the revenue derived from the lease of the port	18923
authority educational and cultural performing arts facility to the	18924
corporation solely to pay debt service charges on revenue bonds of	18925
the port authority issued pursuant to division (B)(2)(a) of this	18926
section and to pay its obligations under or arising from any	18927
guaranty agreements, reimbursement agreements, or other credit	18928
enhancement agreements provided for in this section.	18929

(3) The host municipal corporation may agree to do either or	18930
both of the following:	18931

(a) Issue its bonds for the purpose of paying all or a	18932
portion of the costs of the port authority educational and	18933
cultural performing arts facility, and pay the proceeds from the	18934
issuance to the port authority for that purpose;	18935

(b) Enter into a guaranty agreement, a reimbursement	18936
agreement, or other credit enhancement agreement with the port	18937
authority to provide a guaranty or other credit enhancement of the	18938
port authority revenue bonds referred to in division (B)(2)(a) of	18939
this section pledging taxes, other than ad valorem property taxes,	18940
or other revenues for the purpose of providing the funds required	18941
to satisfy the host municipal corporation's obligations under that	18942
agreement.	18943

The cooperative agreement may provide that the proceeds of	18944
such securities or of such guaranty agreement, reimbursement	18945
agreement, or other credit enhancement agreement be deposited with	18946
and administered by the trustee pursuant to the trust agreement	18947
authorized in division (C) of this section.	18948

(4) The corporation may agree to do any or all of the	18949
following:	18950

(a) Lease the port authority educational and cultural	18951
performing arts facility from the port authority;	18952

(b) Operate and maintain the port authority educational and	18953
cultural performing arts facility pursuant to the lease;	18954

(c) To the extent provided for in the cooperative agreement	18955
or the lease from the port authority, administer on behalf of the	18956
port authority the contracts for acquiring, constructing,	18957
renovating, rehabilitating, or equipping the port authority	18958
educational and cultural performing arts facility.	18959

(C) The pledge and payments referred to in divisions	18960
(B)(1)(b) and (c) of this section and provided for in the	18961
cooperative agreement shall be for the period stated in the	18962
cooperative agreement but shall not extend longer than the period	18963
necessary to provide for the final retirement of the port	18964
authority revenue bonds referred to in division (B)(2)(a) of this	18965
section, and for the satisfaction by the port authority of any of	18966
its obligations under or arising from any guaranty agreements,	18967
reimbursement agreements, or other credit enhancement agreements	18968
relating to those bonds or to the revenues pledged to them. The	18969
cooperative agreement shall provide for the termination of the	18970
cooperative agreement, including the pledge and payment referred	18971
to in division (B)(1)(c) of this section, if the port authority	18972
revenue bonds referred to in division (B)(2)(a) of this section	18973
have not been issued, sold, and delivered within five years of the	18974
effective date of the cooperative agreement.	18975

The cooperative agreement shall provide that any port	18976
authority revenue bonds shall be secured by a trust agreement	18977
between the port authority and a corporate trustee that is a trust	18978
company or bank having the powers of a trust company within or	18979
outside the state but authorized to exercise trust powers within	18980
the state. The host county may be a party to that trust agreement	18981
for the purpose of better securing the pledge by the host county	18982
of its payment to the corporation pursuant to division (B)(1)(c)	18983
of this section. A tax levied pursuant to section 5739.09 of the	18984
Revised Code for the purposes specified in division (B)(1)(b) or	18985
(c) of this section is not subject to diminution by initiative or	18986
referendum or diminution by statute, unless provision is made for	18987
an adequate substitute reasonably satisfactory to the trustee	18988
under the trust agreement that secures the port authority revenue	18989
bonds.	18990

(D) A pledge of money by a host county under this section	18991
shall not be net indebtedness of the host county for purposes of	18992
section 133.07 of the Revised Code. A guaranty or other credit	18993
enhancement by a host municipal corporation under this section	18994
shall not be net indebtedness of the host municipal corporation	18995
for purposes of section 133.05 of the Revised Code.	18996

(E) If the terms of the cooperative agreement so provide, any	18997
contract for the acquisition, construction, renovation,	18998
rehabilitation, equipping, or improving of a port authority	18999
educational and cultural performing arts facility shall be made in	19000
such manner as is determined by the board of directors of the port	19001
authority, and unless the cooperative agreement provides	19002
otherwise, such a contract is not subject to division (R)(2) of	19003
section 4582.31 of the Revised Code. The port authority may take	19004
the assignment of and assume any contracts for the acquisition,	19005
construction, renovation, rehabilitation, equipping, or improving	19006
of a port authority educational and cultural performing arts	19007
facility that had previously been authorized by any of the host	19008
county, the host municipality, or the corporation. Such contracts	19009
are not subject to division (R)(2) of section 4582.31 of the	19010
Revised Code.	19011

Any contract for the acquisition, construction, renovation,	19012
rehabilitation, equipping, or improving of a port authority	19013
educational and cultural performing arts facility entered into,	19014
assigned, or assumed pursuant to this division shall provide that	19015
all laborers and mechanics employed for the acquisition,	19016
construction, renovation, rehabilitation, equipping, or improving	19017
of that facility shall be paid at the prevailing rates of wages of	19018
laborers and mechanics for the class of work called for by the	19019
port authority educational and cultural performing arts facility,	19020
which wages shall be determined in accordance with the	19021
requirements of Chapter 4115. of the Revised Code for the	19022
determination of prevailing wage rates.	19023

Notwithstanding any provisions to the contrary in section	19024
~~3383.07~~123.281 of the Revised Code, construction services and	19025
general building services for a port authority educational and	19026
cultural performing arts facility funded completely or in part	19027
with money appropriated by the state to the Ohio ~~cultural~~	19028
facilities construction commission may be provided by a port	19029
authority or a corporation that occupies, will occupy, or is	19030
responsible for that facility, as determined by the commission.	19031
The construction services and general building services to be	19032
provided by the port authority or the corporation shall be	19033
specified in an agreement between the commission and the port	19034
authority or corporation. That agreement, or any actions taken	19035
under it, are not subject to Chapters 123. or 153. of the Revised	19036
Code, but are subject to Chapter 4115. of the Revised Code.	19037

Sec. 307.86. Anything to be purchased, leased, leased with	19038
an option or agreement to purchase, or constructed, including, but	19039
not limited to, any product, structure, construction,	19040
reconstruction, improvement, maintenance, repair, or service,	19041
except the services of an accountant, architect, attorney at law,	19042
physician, professional engineer, construction project manager,	19043
consultant, surveyor, or appraiser, by or on behalf of the county	19044
or contracting authority, as defined in section 307.92 of the	19045
Revised Code, at a cost in excess of fifty thousand dollars,	19046
except as otherwise provided in division (D) of section 713.23 and	19047
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	19048
307.861, 339.05, 340.03, ~~340.033,~~ 4115.31 to 4115.35, ~~5119.16~~	19049
5119.44, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	19050
Code, shall be obtained through competitive bidding. However,	19051
competitive bidding is not required when any of the following	19052
applies:	19053

(A) The board of county commissioners, by a unanimous vote of	19054
its members, makes a determination that a real and present	19055
emergency exists, and that determination and the reasons for it	19056
are entered in the minutes of the proceedings of the board, when	19057
either of the following applies:	19058

(1) The estimated cost is less than one hundred thousand	19059
dollars.	19060

(2) There is actual physical disaster to structures, radio	19061
communications equipment, or computers.	19062

For purposes of this division, "unanimous vote" means all	19063
three members of a board of county commissioners when all three	19064
members are present, or two members of the board if only two	19065
members, constituting a quorum, are present.	19066

Whenever a contract of purchase, lease, or construction is	19067
exempted from competitive bidding under division (A)(1) of this	19068
section because the estimated cost is less than one hundred	19069
thousand dollars, but the estimated cost is fifty thousand dollars	19070
or more, the county or contracting authority shall solicit	19071
informal estimates from no fewer than three persons who could	19072
perform the contract, before awarding the contract. With regard to	19073
each such contract, the county or contracting authority shall	19074
maintain a record of such estimates, including the name of each	19075
person from whom an estimate is solicited. The county or	19076
contracting authority shall maintain the record for the longer of	19077
at least one year after the contract is awarded or the amount of	19078
time the federal government requires.	19079

(B)(1) The purchase consists of supplies or a replacement or	19080
supplemental part or parts for a product or equipment owned or	19081
leased by the county, and the only source of supply for the	19082
supplies, part, or parts is limited to a single supplier.	19083

(2) The purchase consists of services related to information	19084
technology, such as programming services, that are proprietary or	19085
limited to a single source.	19086

(C) The purchase is from the federal government, the state,	19087
another county or contracting authority of another county, or a	19088
board of education, educational service center, township, or	19089
municipal corporation.	19090

(D) The purchase is made by a county department of job and	19091
family services under section 329.04 of the Revised Code and	19092
consists of family services duties or workforce development	19093
activities or is made by a county board of developmental	19094
disabilities under section 5126.05 of the Revised Code and	19095
consists of program services, such as direct and ancillary client	19096
services, child care, case management services, residential	19097
services, and family resource services.	19098

(E) The purchase consists of criminal justice services,	19099
social services programs, family services, or workforce	19100
development activities by the board of county commissioners from	19101
nonprofit corporations or associations under programs funded by	19102
the federal government or by state grants.	19103

(F) The purchase consists of any form of an insurance policy	19104
or contract authorized to be issued under Title XXXIX of the	19105
Revised Code or any form of health care plan authorized to be	19106
issued under Chapter 1751. of the Revised Code, or any combination	19107
of such policies, contracts, plans, or services that the	19108
contracting authority is authorized to purchase, and the	19109
contracting authority does all of the following:	19110

(1) Determines that compliance with the requirements of this	19111
section would increase, rather than decrease, the cost of the	19112
purchase;	19113

(2) Requests issuers of the policies, contracts, plans, or	19114
services to submit proposals to the contracting authority, in a	19115
form prescribed by the contracting authority, setting forth the	19116
coverage and cost of the policies, contracts, plans, or services	19117
as the contracting authority desires to purchase;	19118

(3) Negotiates with the issuers for the purpose of purchasing	19119
the policies, contracts, plans, or services at the best and lowest	19120
price reasonably possible.	19121

(G) The purchase consists of computer hardware, software, or	19122
consulting services that are necessary to implement a computerized	19123
case management automation project administered by the Ohio	19124
prosecuting attorneys association and funded by a grant from the	19125
federal government.	19126

(H) Child care services are purchased for provision to county	19127
employees.	19128

(I)(1) Property, including land, buildings, and other real	19129
property, is leased for offices, storage, parking, or other	19130
purposes, and all of the following apply:	19131

(a) The contracting authority is authorized by the Revised	19132
Code to lease the property.	19133

(b) The contracting authority develops requests for proposals	19134
for leasing the property, specifying the criteria that will be	19135
considered prior to leasing the property, including the desired	19136
size and geographic location of the property.	19137

(c) The contracting authority receives responses from	19138
prospective lessors with property meeting the criteria specified	19139
in the requests for proposals by giving notice in a manner	19140
substantially similar to the procedures established for giving	19141
notice under section 307.87 of the Revised Code.	19142

(d) The contracting authority negotiates with the prospective	19143
lessors to obtain a lease at the best and lowest price reasonably	19144
possible considering the fair market value of the property and any	19145
relocation and operational costs that may be incurred during the	19146
period the lease is in effect.	19147

(2) The contracting authority may use the services of a real	19148
estate appraiser to obtain advice, consultations, or other	19149
recommendations regarding the lease of property under this	19150
division.	19151

(J) The purchase is made pursuant to section 5139.34 or	19152
sections 5139.41 to 5139.46 of the Revised Code and is of programs	19153
or services that provide case management, treatment, or prevention	19154
services to any felony or misdemeanant delinquent, unruly youth,	19155
or status offender under the supervision of the juvenile court,	19156
including, but not limited to, community residential care, day	19157
treatment, services to children in their home, or electronic	19158
monitoring.	19159

(K) The purchase is made by a public children services agency	19160
pursuant to section 307.92 or 5153.16 of the Revised Code and	19161
consists of family services, programs, or ancillary services that	19162
provide case management, prevention, or treatment services for	19163
children at risk of being or alleged to be abused, neglected, or	19164
dependent children.	19165

(L) The purchase is to obtain the services of emergency	19166
medical service organizations under a contract made by the board	19167
of county commissioners pursuant to section 307.05 of the Revised	19168
Code with a joint emergency medical services district.	19169

(M) The county contracting authority determines that the use	19170
of competitive sealed proposals would be advantageous to the	19171
county and the contracting authority complies with section 307.862	19172
of the Revised Code.	19173

Any issuer of policies, contracts, plans, or services listed	19174
in division (F) of this section and any prospective lessor under	19175
division (I) of this section may have the issuer's or prospective	19176
lessor's name and address, or the name and address of an agent,	19177
placed on a special notification list to be kept by the	19178
contracting authority, by sending the contracting authority that	19179
name and address. The contracting authority shall send notice to	19180
all persons listed on the special notification list. Notices shall	19181
state the deadline and place for submitting proposals. The	19182
contracting authority shall mail the notices at least six weeks	19183
prior to the deadline set by the contracting authority for	19184
submitting proposals. Every five years the contracting authority	19185
may review this list and remove any person from the list after	19186
mailing the person notification of that action.	19187

Any contracting authority that negotiates a contract under	19188
division (F) of this section shall request proposals and negotiate	19189
with issuers in accordance with that division at least every three	19190
years from the date of the signing of such a contract, unless the	19191
parties agree upon terms for extensions or renewals of the	19192
contract. Such extension or renewal periods shall not exceed six	19193
years from the date the initial contract is signed.	19194

Any real estate appraiser employed pursuant to division (I)	19195
of this section shall disclose any fees or compensation received	19196
from any source in connection with that employment.	19197

Sec. 309.09. (A) The prosecuting attorney shall be the legal	19198
adviser of the board of county commissioners, board of elections,	19199
all other county officers and boards, and all tax-supported public	19200
libraries, and any of them may require written opinions or	19201
instructions from the prosecuting attorney in matters connected	19202
with their official duties. The prosecuting attorney shall	19203
prosecute and defend all suits and actions that any such officer,	19204
board, or tax-supported public library directs or to which it is a	19205
party, and no county officer may employ any other counsel or	19206
attorney at the expense of the county, except as provided in	19207
section 305.14 of the Revised Code.	19208

(B)(1) The prosecuting attorney shall be the legal adviser	19209
for all township officers, boards, and commissions, unless,	19210
subject to division (B)(2) of this section, the township has	19211
adopted a limited home rule government pursuant to Chapter 504. of	19212
the Revised Code and has not entered into a contract to have the	19213
prosecuting attorney serve as the township law director, in which	19214
case, subject to division (B)(2) of this section, the township law	19215
director, whether serving full-time or part-time, shall be the	19216
legal adviser for all township officers, boards, and commissions.	19217
When the board of township trustees finds it advisable or	19218
necessary to have additional legal counsel, it may employ an	19219
attorney other than the township law director or the prosecuting	19220
attorney of the county, either for a particular matter or on an	19221
annual basis, to represent the township and its officers, boards,	19222
and commissions in their official capacities and to advise them on	19223
legal matters. No such legal counsel may be employed, except on	19224
the order of the board of township trustees, duly entered upon its	19225
journal, in which the compensation to be paid for the legal	19226
services shall be fixed. The compensation shall be paid from the	19227
township fund.	19228

Nothing in this division confers any of the powers or duties	19229
of a prosecuting attorney under section 309.08 of the Revised Code	19230
upon a township law director.	19231

(2)(a) If any township in the county served by the	19232
prosecuting attorney has adopted any resolution regarding the	19233
operation of adult entertainment establishments pursuant to the	19234
authority that is granted under section 503.52 of the Revised Code	19235
or if a resolution of that nature has been adopted under section	19236
503.53 of the Revised Code in a township in the county served by	19237
the prosecuting attorney, all of the following apply:	19238

(i) Upon the request of a township in the county that has	19239
adopted, or in which has been adopted, a resolution of that nature	19240
that is made pursuant to division (E)(1)(c) of section 503.52 of	19241
the Revised Code, the prosecuting attorney shall prosecute and	19242
defend on behalf of the township in the trial and argument in any	19243
court or tribunal of any challenge to the validity of the	19244
resolution. If the challenge to the validity of the resolution is	19245
before a federal court, the prosecuting attorney may request the	19246
attorney general to assist the prosecuting attorney in prosecuting	19247
and defending the challenge and, upon the prosecuting attorney's	19248
making of such a request, the attorney general shall assist the	19249
prosecuting attorney in performing that service if the resolution	19250
was drafted in accordance with legal guidance provided by the	19251
attorney general as described in division (B)(2) of section 503.52	19252
of the Revised Code. The attorney general shall provide this	19253
assistance without charge to the township for which the service is	19254
performed. If a township adopts a resolution without the legal	19255
guidance of the attorney general, the attorney general is not	19256
required to provide assistance as described in this division to a	19257
prosecuting attorney.	19258

(ii) Upon the request of a township in the county that has	19259
adopted, or in which has been adopted, a resolution of that nature	19260
that is made pursuant to division (E)(1)(a) of section 503.52 of	19261
the Revised Code, the prosecuting attorney shall prosecute and	19262
defend on behalf of the township a civil action to enjoin the	19263
violation of the resolution in question.	19264

(iii) Upon the request of a township in the county that has	19265
adopted, or in which has been adopted, a resolution of that nature	19266
that is made pursuant to division (E)(1)(b) of section 503.52 of	19267
the Revised Code, the prosecuting attorney shall prosecute and	19268
defend on behalf of the township a civil action under Chapter	19269
3767. of the Revised Code to abate as a nuisance the place in the	19270
unincorporated area of the township at which the resolution is	19271
being or has been violated. Proceeds from the sale of personal	19272
property or contents seized pursuant to the action shall be	19273
applied and deposited in accordance with division (E)(1)(b) of	19274
section 503.52 of the Revised Code.	19275

(b) The provisions of division (B)(2)(a) of this section	19276
apply regarding all townships, including townships that have	19277
adopted a limited home rule government pursuant to Chapter 504. of	19278
the Revised Code, and regardless of whether a township that has so	19279
adopted a limited home rule government has entered into a contract	19280
with the prosecuting attorney as described in division (B) of	19281
section 504.15 of the Revised Code or has appointed a law director	19282
as described in division (A) of that section.	19283

The prosecuting attorney shall prosecute and defend in the	19284
actions and proceedings described in division (B)(2)(a) of this	19285
section without charge to the township for which the services are	19286
performed.	19287

(C) Whenever the board of county commissioners employs an	19288
attorney other than the prosecuting attorney of the county,	19289
without the authorization of the court of common pleas as provided	19290
in section 305.14 of the Revised Code, either for a particular	19291
matter or on an annual basis, to represent the board in its	19292
official capacity and to advise it on legal matters, the board	19293
shall enter upon its journal an order of the board in which the	19294
compensation to be paid for the legal services shall be fixed. The	19295
compensation shall be paid from the county general fund. The total	19296
compensation paid, in any year, by the board for legal services	19297
under this division shall not exceed the total annual compensation	19298
of the prosecuting attorney for that county.	19299

(D) The prosecuting attorney and the board of county	19300
commissioners jointly may contract with a board of park	19301
commissioners under section 1545.07 of the Revised Code for the	19302
prosecuting attorney to provide legal services to the park	19303
district the board of park commissioners operates.	19304

(E) The prosecuting attorney may be, in the prosecuting	19305
attorney's discretion and with the approval of the board of county	19306
commissioners, the legal adviser of a joint fire district created	19307
under section 505.371 of the Revised Code at no cost to the	19308
district or may be the legal adviser to the district under a	19309
contract that the prosecuting attorney and the district enter	19310
into, and that the board of county ~~commissioner~~commissioners	19311
approves, to authorize the prosecuting attorney to provide legal	19312
services to the district.	19313

(F) The prosecuting attorney may be, in the prosecuting	19314
attorney's discretion and with the approval of the board of county	19315
commissioners, the legal adviser of a joint ambulance district	19316
created under section 505.71 of the Revised Code at no cost to the	19317
district or may be the legal adviser to the district under a	19318
contract that the prosecuting attorney and the district enter	19319
into, and that the board of county commissioners approves, to	19320
authorize the prosecuting attorney to provide legal services to	19321
the district.	19322

(G) The prosecuting attorney may be, in the prosecuting	19323
attorney's discretion and with the approval of the board of county	19324
commissioners, the legal adviser of a joint emergency medical	19325
services district created under section 307.052 of the Revised	19326
Code at no cost to the district or may be the legal adviser to the	19327
district under a contract that the prosecuting attorney and the	19328
district enter into, and that the board of county commissioners	19329
approves, to authorize the prosecuting attorney to provide legal	19330
services to the district.	19331

(H) The prosecuting attorney may be, in the prosecuting	19332
attorney's discretion and with the approval of the board of county	19333
commissioners, the legal adviser of a fire and ambulance district	19334
created under section 505.375 of the Revised Code at no cost to	19335
the district or may be the legal adviser to the district under a	19336
contract that the prosecuting attorney and the district enter	19337
into, and that the board of county commissioners approves, to	19338
authorize the prosecuting attorney to provide legal services to	19339
the district.	19340

(I) All money received pursuant to a contract entered into	19341
under division (D), (E), (F), (G), or (H) of this section shall be	19342
deposited into the prosecuting attorney's legal services fund,	19343
which shall be established in the county treasury of each county	19344
in which such a contract exists. Moneys in that fund may be	19345
appropriated only to the prosecuting attorney for the purpose of	19346
providing legal services to a park district, joint fire district,	19347
joint ambulance district, joint emergency medical services	19348
district, or a fire and ambulance district, as applicable, under a	19349
contract entered into under the applicable division.	19350

(J) The prosecuting attorney shall be the legal advisor of a	19351
lake facilities authority as provided in section 353.02 of the	19352
Revised Code.	19353

Sec. 317.08. (A) Except as provided in divisions (C), (D),	19354
and (E) of this section, the county recorder shall keep six	19355
separate sets of records as follows:	19356

(1) A record of deeds, in which shall be recorded all deeds	19357
and other instruments of writing for the absolute and	19358
unconditional sale or conveyance of lands, tenements, and	19359
hereditaments; all notices as provided in sections 5301.47 to	19360
5301.56 of the Revised Code; all judgments or decrees in actions	19361
brought under section 5303.01 of the Revised Code; all	19362
declarations and bylaws, and all amendments to declarations and	19363
bylaws, as provided in Chapter 5311. of the Revised Code;	19364
affidavits as provided in sections 5301.252 and 5301.56 of the	19365
Revised Code; all certificates as provided in section 5311.17 of	19366
the Revised Code; all articles dedicating archaeological preserves	19367
accepted by the director of the Ohio historical society under	19368
section 149.52 of the Revised Code; all articles dedicating nature	19369
preserves accepted by the director of natural resources under	19370
section 1517.05 of the Revised Code; all agreements for the	19371
registration of lands as archaeological or historic landmarks	19372
under section 149.51 or 149.55 of the Revised Code; all	19373
conveyances of conservation easements and agricultural easements	19374
under section 5301.68 of the Revised Code; all instruments	19375
extinguishing agricultural easements under section 901.21 or	19376
5301.691 of the Revised Code or pursuant to terms of such an	19377
easement granted to a charitable organization under section	19378
5301.68 of the Revised Code; all instruments or orders described	19379
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	19380
no further action letters issued under section 122.654 or 3746.11	19381
of the Revised Code; all covenants not to sue issued under section	19382
3746.12 of the Revised Code, including all covenants not to sue	19383
issued pursuant to section 122.654 of the Revised Code; any	19384
restrictions on the use of property contained in a no further	19385
action letter issued under section 122.654 of the Revised Code,	19386
any restrictions on the use of property identified pursuant to	19387
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	19388
restrictions on the use of property contained in a deed or other	19389
instrument as provided in division (E) or (F) of section 3737.882	19390
of the Revised Code; any easement executed or granted under	19391
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	19392
any environmental covenant entered into in accordance with	19393
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	19394
trust, as described in division (A) of section 5301.255 of the	19395
Revised Code, that describe specific real property; and all	19396
agreements entered into under division (A) of section 1506.44 of	19397
the Revised Code;	19398

(2) A record of mortgages, in which shall be recorded all of	19399
the following:	19400

(a) All mortgages, including amendments, supplements,	19401
modifications, and extensions of mortgages, or other instruments	19402
of writing by which lands, tenements, or hereditaments are or may	19403
be mortgaged or otherwise conditionally sold, conveyed, affected,	19404
or encumbered;	19405

(b) All executory installment contracts for the sale of land	19406
executed after September 29, 1961, that by their terms are not	19407
required to be fully performed by one or more of the parties to	19408
them within one year of the date of the contracts;	19409

(c) All options to purchase real estate, including	19410
supplements, modifications, and amendments of the options, but no	19411
option of that nature shall be recorded if it does not state a	19412
specific day and year of expiration of its validity;	19413

(d) Any tax certificate sold under section 5721.33 of the	19414
Revised Code, or memorandum of it, that is presented for filing of	19415
record.	19416

(3) A record of powers of attorney, including all memoranda	19417
of trust, as described in division (A) of section 5301.255 of the	19418
Revised Code, that do not describe specific real property;	19419

(4) A record of plats, in which shall be recorded all plats	19420
and maps of town lots, of the subdivision of town lots, and of	19421
other divisions or surveys of lands, any center line survey of a	19422
highway located within the county, the plat of which shall be	19423
furnished by the director of transportation or county engineer,	19424
and all drawings and amendments to drawings, as provided in	19425
Chapter 5311. of the Revised Code;	19426

(5) A record of leases, in which shall be recorded all	19427
leases, memoranda of leases, and supplements, modifications, and	19428
amendments of leases and memoranda of leases;	19429

(6) A record of declarations executed pursuant to section	19430
2133.02 of the Revised Code and durable powers of attorney for	19431
health care executed pursuant to section 1337.12 of the Revised	19432
Code.	19433

(B) All instruments or memoranda of instruments entitled to	19434
record shall be recorded in the proper record in the order in	19435
which they are presented for record. The recorder may index, keep,	19436
and record in one volume unemployment compensation liens, internal	19437
revenue tax liens and other liens in favor of the United States as	19438
described in division (A) of section 317.09 of the Revised Code,	19439
personal tax liens, mechanic's liens, agricultural product liens,	19440
notices of liens, certificates of satisfaction or partial release	19441
of estate tax liens, discharges of recognizances, excise and	19442
franchise tax liens on corporations, broker's liens, and liens	19443
provided for in sections 1513.33, 1513.37, 3752.13, ~~5111.022~~	19444
5164.56, and 5311.18 of the Revised Code.	19445

The recording of an option to purchase real estate, including	19446
any supplement, modification, and amendment of the option, under	19447
this section shall serve as notice to any purchaser of an interest	19448
in the real estate covered by the option only during the period of	19449
the validity of the option as stated in the option.	19450

(C) In lieu of keeping the six separate sets of records	19451
required in divisions (A)(1) to (6) of this section and the	19452
records required in divisions (D) and (E) of this section, a	19453
county recorder may record all the instruments required to be	19454
recorded by this section in two separate sets of record books. One	19455
set shall be called the "official records" and shall contain the	19456
instruments listed in divisions (A)(1), (2), (3), (5), and (6) and	19457
(D) and (E) of this section. The second set of records shall	19458
contain the instruments listed in division (A)(4) of this section.	19459

(D) Except as provided in division (C) of this section, the	19460
county recorder shall keep a separate set of records containing	19461
all corrupt activity lien notices filed with the recorder pursuant	19462
to section 2923.36 of the Revised Code and a separate set of	19463
records containing all medicaid fraud lien notices filed with the	19464
recorder pursuant to section 2933.75 of the Revised Code.	19465

(E)(1) The county recorder shall keep a separate set of	19466
records containing all transfers, conveyances, or assignments of	19467
any type of tangible or intangible personal property or any rights	19468
or interests in that property if and to the extent that any person	19469
wishes to record that personal property transaction and if the	19470
applicable instrument is acknowledged before a notary public. If	19471
the transferor is a natural person, the notice of personal	19472
property transfer shall be recorded in the county in this state in	19473
which the transferor maintains the transferor's principal	19474
residence. If the transferor is not a natural person, the notice	19475
of personal property transfer shall be recorded in the county in	19476
this state in which the transferor maintains its principal place	19477
of business. If the transferor does not maintain a principal	19478
residence or a principal place of business in this state and the	19479
transfer is to a trustee of a legacy trust formed pursuant to	19480
Chapter 5816. of the Revised Code, the notice of personal property	19481
transfer shall be recorded in the county in this state where that	19482
trustee maintains a principal residence or principal place of	19483
business. In all other instances, the notice of personal property	19484
transfer shall be recorded in the county in this state where the	19485
property described in the notice is located.	19486

(2) The records described in division (E)(1) of this section	19487
shall be maintained in or as part of the "official records" under	19488
division (C) of this section.	19489

Sec. 317.32. The county recorder shall charge and collect	19490
the following fees, to include, except as otherwise provided in	19491
division (A)(2) of this section, base fees for the recorder's	19492
services and housing trust fund fees collected pursuant to section	19493
317.36 of the Revised Code:	19494

(A)(1) Except as otherwise provided in division (A)(2) of	19495
this section, for recording and indexing an instrument if the	19496
photocopy or any similar process is employed, a base fee of	19497
fourteen dollars for the first two pages and a housing trust fund	19498
fee of fourteen dollars, and a base fee of four dollars and a	19499
housing trust fund fee of four dollars for each subsequent page,	19500
size eight and one-half inches by fourteen inches, or fraction of	19501
a page, including the caption page, of such instrument;	19502

(2) For recording and indexing an instrument described in	19503
division (E)(1) of section 317.08 of the Revised Code if the	19504
photocopy or any similar process is employed, a fee of	19505
twenty-eight dollars for the first two pages to be deposited into	19506
the county treasury to the credit of the special fund designated	19507
as "general fund moneys to supplement the ~~equipment~~technology	19508
needs of the county recorder" under section 317.321 of the Revised	19509
Code, and a fee of eight dollars to be deposited in the same	19510
manner for each subsequent page, size eight and one-half inches by	19511
fourteen inches, or fraction of a page, including the caption	19512
page, of that instrument;	19513

(B) For certifying a photocopy from the record previously	19514
recorded, a base fee of one dollar and a housing trust fund fee of	19515
one dollar per page, size eight and one-half inches by fourteen	19516
inches, or fraction of a page; for each certification if the	19517
recorder's seal is required, except as to instruments issued by	19518
the armed forces of the United States, a base fee of fifty cents	19519
and a housing trust fund fee of fifty cents;	19520

(C) For manual or typewritten recording of assignment or	19521
satisfaction of mortgage or lease or any other marginal entry, a	19522
base fee of four dollars and a housing trust fund fee of four	19523
dollars;	19524

(D) For entering any marginal reference by separate recorded	19525
instrument, a base fee of two dollars and a housing trust fund fee	19526
of two dollars for each marginal reference set out in that	19527
instrument, in addition to the fees set forth in division (A)(1)	19528
of this section;	19529

(E) For indexing in the real estate mortgage records,	19530
pursuant to section 1309.519 of the Revised Code, financing	19531
statements covering crops growing or to be grown, timber to be	19532
cut, minerals or the like, including oil and gas, accounts subject	19533
to section 1309.301 of the Revised Code, or fixture filings made	19534
pursuant to section 1309.334 of the Revised Code, a base fee of	19535
two dollars and a housing trust fund fee of two dollars for each	19536
name indexed;	19537

(F) For recording manually any plat not exceeding six lines,	19538
a base fee of two dollars and a housing trust fund fee of two	19539
dollars, and for each additional line, a base fee of ten cents and	19540
a housing trust fund fee of ten cents;	19541

(G) For filing zoning resolutions, including text and maps,	19542
in the office of the recorder as required under sections 303.11	19543
and 519.11 of the Revised Code, a base fee of twenty-five dollars	19544
and a housing trust fund fee of twenty-five dollars, regardless of	19545
the size or length of the resolutions;	19546

(H) For filing zoning amendments, including text and maps, in	19547
the office of the recorder as required under sections 303.12 and	19548
519.12 of the Revised Code, a base fee of ten dollars and a	19549
housing trust fund fee of ten dollars regardless of the size or	19550
length of the amendments;	19551

(I) For photocopying a document, other than at the time of	19552
recording and indexing as provided for in division (A)(1) or (2)	19553
of this section, a base fee of one dollar and a housing trust fund	19554
fee of one dollar per page, size eight and one-half inches by	19555
fourteen inches, or fraction thereof;	19556

(J) For local facsimile transmission of a document, a base	19557
fee of one dollar and a housing trust fund fee of one dollar per	19558
page, size eight and one-half inches by fourteen inches, or	19559
fraction thereof; for long distance facsimile transmission of a	19560
document, a base fee of two dollars and a housing trust fund fee	19561
of two dollars per page, size eight and one-half inches by	19562
fourteen inches, or fraction thereof;	19563

(K) For recording a declaration executed pursuant to section	19564
2133.02 of the Revised Code or a durable power of attorney for	19565
health care executed pursuant to section 1337.12 of the Revised	19566
Code, or both a declaration and a durable power of attorney for	19567
health care, a base fee of at least fourteen dollars but not more	19568
than twenty dollars and a housing trust fund fee of at least	19569
fourteen dollars but not more than twenty dollars.	19570

In any county in which the recorder employs the photostatic	19571
or any similar process for recording maps, plats, or prints the	19572
recorder shall determine, charge, and collect for the recording or	19573
rerecording of any map, plat, or print, a base fee of five cents	19574
and a housing trust fund fee of five cents per square inch, for	19575
each square inch of the map, plat, or print filed for that	19576
recording or rerecording, with a minimum base fee of twenty	19577
dollars and a minimum housing trust fund fee of twenty dollars;	19578
for certifying a copy from the record, a base fee of two cents and	19579
a housing trust fund fee of two cents per square inch of the	19580
record, with a minimum base fee of two dollars and a minimum	19581
housing trust fund fee of two dollars.	19582

The fees provided in this section shall be paid upon the	19583
presentation of the instruments for record or upon the application	19584
for any certified copy of the record, except that the payment of	19585
fees associated with the filing and recording of, or the copying	19586
of, notices of internal revenue tax liens and notices of other	19587
liens in favor of the United States as described in division (A)	19588
of section 317.09 of the Revised Code and certificates of	19589
discharge or release of those liens, shall be governed by section	19590
317.09 of the Revised Code, and the payment of fees for providing	19591
copies of instruments conveying or extinguishing agricultural	19592
easements to the office of farmland preservation in the department	19593
of agriculture under division (H) of section 5301.691 of the	19594
Revised Code shall be governed by that division.	19595

Sec. 317.321. (A) Not later than the first day of October of	19596
~~any~~each year, the county recorder may submit to the board of	19597
county commissioners a proposal for ~~the~~funding either or both of	19598
the following:	19599

(1) The acquisition orand maintenance of ~~micrographic or~~	19600
imaging and other technological equipment ~~or for~~, and associated	19601
expenses and contract services ~~or a proposal to~~therefor;	19602

(2) To reserve funds for the office's future ~~equipment~~	19603
technology needs if the county recorder has no immediate plans for	19604
the acquisition of imaging and other technological equipment or	19605
services. ~~Either~~	19606

(B) The proposal shall be in writing and shall include at	19607
least the following:	19608

(1) A request that an amount not to exceed ~~seven~~eight	19609
dollars of the ~~fee~~total base fees or total fees collected for	19610
filing or recording a document for which a fee is charged as	19611
required by division (A)(1) of section 317.32 ~~of the Revised Code~~	19612
or by section 1309.525 or 5310.15 of the Revised Code, and the	19613
total amount of the fees collected under division (A)(2) of	19614
section 317.32 of the Revised Code, be placed in the county	19615
treasury ~~and~~to the credit of the special fund designated as	19616
"general fund moneys to supplement the ~~equipment~~technology needs	19617
of the county recorder" for a period of one year from the date the	19618
proposal is approved;	19619

(2) ~~The number of years, not to exceed five, for which the~~	19620
~~county recorder requests that the amount requested under division~~	19621
~~(A)(1) of this section be given the designation specified in that~~	19622
~~division;~~	19623

~~(3)~~ An estimate of the total amount of fees that will be	19624
generated for filing or recording a document for which a fee is	19625
charged as required by division (A)(1) or (2) of section 317.32 of	19626
the Revised Code or by section 1309.525 or 5310.15 of the Revised	19627
Code;	19628

~~(4)~~(3) An estimate of the total amount of fees for filing or	19629
recording a document for which a fee is charged as required by	19630
division (A)(1) or (2) of section 317.32 ~~of the Revised Code~~ or by	19631
section 1309.525 or 5310.15 of the Revised Code that will be	19632
credited to the special fund designated as "general fund moneys to	19633
supplement the ~~equipment~~technology needs of the county recorder."	19634
~~if the request submitted under division (A)(1) of this section is~~	19635
~~approved by the board of county commissioners.~~	19636

A proposal ~~for the acquisition or maintenance of micrographic~~	19637
~~or other equipment or for contract services may~~shall include a	19638
description or summary of the ~~micrographic or~~imaging and other	19639
technological equipment~~, or maintenance of the micrographic or~~	19640
~~other equipment,~~ that the county recorder proposes to acquire and	19641
maintain, and the associated expenses therefor, or the nature of	19642
the contract services that the county recorder proposes to	19643
utilize, if the proposal is for those purposes. A proposal to	19644
reserve funds for the office's future ~~equipment~~technology needs	19645
if the county recorder has no immediate plans for the acquisition	19646
of imaging and other technological equipment or services shall	19647
explain the general needs of the office for equipment or services,	19648
if the proposal is for that purpose.	19649

~~(B)~~(C) The board of county commissioners shall receive ~~either~~	19650
the proposal and the clerk shall enter it on the journal. At the	19651
same time, the board shall establish a date, not sooner than	19652
fifteen or later than thirty days after the ~~board's receipt of~~	19653
board receives the proposal, on which to meet with the recorder to	19654
review the proposal.	19655

~~(C)(1)~~(D) Not later than the fifteenth day of December of any	19656
year in which a proposal ~~for the acquisition or maintenance of~~	19657
~~micrographic or other equipment or for contract services~~ is	19658
submitted under division (A) of this section, the board of county	19659
commissioners shall approve~~, reject, or modify~~ the proposal ~~and~~,	19660
if the proposal includes the estimates required by divisions	19661
(B)(2) and (3) of this section. Once the board approves the	19662
proposal, the board shall notify the county recorder of its action	19663
~~on the proposal. If the board rejects or modifies the proposal, it~~	19664
~~shall make a written finding that the request is for a purpose~~	19665
~~other than for acquiring, leasing, or otherwise obtaining~~	19666
~~micrographic or other equipment or contracts for use by the county~~	19667
~~recorder or that the amount requested for the acquisition or~~	19668
~~maintenance of micrographic or other equipment or for contract~~	19669
~~services is excessive as determined by the board. If the board~~	19670
~~approves the proposal, it~~and shall request the establishment of a	19671
special fund under section 5705.12 of the Revised Code ~~for any~~	19672
~~fees~~ designated as "general fund moneys to supplement the	19673
~~equipment~~technology needs of the county recorder," in which the	19674
fees shall be deposited."	19675

~~(2) Not later than the fifteenth day of December of any year~~	19676
~~in which a proposal to reserve funds for the office's future~~	19677
~~equipment needs is submitted under division (A) of this section,~~	19678
~~the board of county commissioners shall approve the proposal,~~	19679
~~notify the county recorder of its action on the proposal, and~~	19680
~~request the establishment of a special fund under section 5705.12~~	19681
~~of the Revised Code for any fees designated as "general fund~~	19682
~~moneys to supplement the equipment needs of the county recorder."~~	19683

~~(D)~~(E) The acquisition orand maintenance of ~~micrographic or~~	19684
imaging and other technological equipment, and ~~the acquisition of~~	19685
associated expenses and contract services therefor, shall be	19686
specifically governed by sections 307.80 to 307.806, 307.84 to	19687
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of	19688
section 5705.41 of the Revised Code.	19689

(F) Funding provided under this section does not diminish the	19690
duty of the board of county commissioners to provide funding for	19691
the expenses incurred by, and the personnel necessary for, the	19692
county recorder to perform the duties of office set forth in the	19693
Revised Code.	19694

Sec. 317.36. (A) The county recorder shall collect the low-	19695
and moderate-income housing trust fund fee as specified in	19696
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,	19697
4509.60, ~~5111.022~~5164.56, 5310.15, 5719.07, 5727.56, 5733.18,	19698
5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of	19699
any housing trust fund fee the recorder is authorized to collect	19700
is equal to the amount of any base fee the recorder is authorized	19701
to collect for services. The housing trust fund fee shall be	19702
collected in addition to the base fee.	19703

(B) The recorder shall certify the amounts collected as	19704
housing trust fund fees pursuant to division (A) of this section	19705
into the county treasury as housing trust fund fees to be paid to	19706
the treasurer of state pursuant to section 319.63 of the Revised	19707
Code.	19708

Sec. 321.35. Upon demand of the treasurer of state while	19709
holding a school district, county, township, or municipal	19710
corporation obligation purchased under division (G)(1) of section	19711
135.143 of the Revised Code, in making any payment under section	19712
321.31 or 321.34 of the Revised Code, the county auditor shall	19713
withhold funds of the school district, county, township, or	19714
municipal corporation in an amount sufficient to pay debt service	19715
charges on that obligation and any of the fee for the agreement to	19716
purchase that obligation, less any amount deposited for that	19717
purpose under division (D) of section 3317.18 of the Revised Code.	19718
The county auditor shall promptly pay to the treasurer of state	19719
the amount withheld.	19720

Sec. 321.44. (A)(1) A county probation services fund shall	19721
be established in the county treasury of each county. The fund a	19722
county establishes under this division shall contain all moneys	19723
paid to the treasurer of the county under section 2951.021 of the	19724
Revised Code for deposit into the fund. The moneys paid into the	19725
fund shall be deposited by the treasurer of the county into the	19726
appropriate account established under divisions (A)(1)(a) to (d)	19727
of this section. Separate accounts shall be maintained in	19728
accordance with the following criteria in the fund a county	19729
establishes under this division:	19730

(a) If a county department of probation is established in the	19731
county, a separate account shall be maintained in the fund for the	19732
county department of probation.	19733

(b) If the judges of the court of common pleas of the county	19734
have affiliated with the judges of the court of common pleas of	19735
one or more other counties and have established a multicounty	19736
department of probation, a separate account shall be maintained in	19737
the fund for the multicounty department of probation.	19738

(c) If a department of probation is established in a	19739
county-operated municipal court that has jurisdiction within the	19740
county, a separate account shall be maintained in the fund for the	19741
municipal court department of probation.	19742

(d) If a county department of probation has not been	19743
established in the county and if the court of common pleas of the	19744
county, pursuant to section 2301.32 of the Revised Code, has	19745
entered into an agreement with the adult parole authority under	19746
which the court may place defendants under a community control	19747
sanction in charge of the authority, a separate account shall be	19748
maintained in the fund for the court of common pleas.	19749

(2) For any county, if a county department of probation is	19750
established in the county or if a department of probation is	19751
established in a county-operated municipal court that has	19752
jurisdiction within the county, the board of county commissioners	19753
of the county shall appropriate to the county department of	19754
probation or municipal court department of probation all money	19755
that is contained in the department's account in the county	19756
probation services fund established in the county for use only for	19757
specialized staff, purchase of equipment, purchase of services,	19758
reconciliation programs for offenders and victims, other treatment	19759
programs, including ~~alcohol and drug~~community addiction ~~programs~~	19760
services providers certified under section ~~3793.06~~5119.36 of the	19761
Revised Code, determined to be appropriate by the chief probation	19762
officer of the department of probation, and other similar expenses	19763
related to placing offenders under a community control sanction.	19764

For any county, if the judges of the court of common pleas of	19765
the county have affiliated with the judges of the court of common	19766
pleas of one or more other counties and have established a	19767
multicounty department of probation to serve the counties, the	19768
board of county commissioners of the county shall appropriate and	19769
the county treasurer shall transfer to the multicounty probation	19770
services fund established for the multicounty department of	19771
probation under division (B) of this section all money that is	19772
contained in the multicounty department of probation account in	19773
the county probation services fund established in the county for	19774
use in accordance with that division.	19775

For any county, if a county department of probation has not	19776
been established in the county and if the court of common pleas of	19777
the county, pursuant to section 2301.32 of the Revised Code, has	19778
entered into an agreement with the adult parole authority under	19779
which the court may place defendants under a community control	19780
sanction in charge of the authority, the board of county	19781
commissioners of the county shall appropriate to the court all	19782
money that is contained in the court's account in the county	19783
probation services fund established in the county for use only for	19784
specialized staff, purchase of equipment, purchase of services,	19785
reconciliation programs for offenders and victims, other treatment	19786
and recovery support services, including properly credentialed	19787
treatment and recovery support services program providers or those	19788
certified under section ~~3793.06~~5119.36 of the Revised Code,	19789
determined to be appropriate by the authority, and other similar	19790
uses related to placing offenders under a community control	19791
sanction.	19792

(B) If the judges of the courts of common pleas of two or	19793
more counties have established a multicounty department of	19794
probation, a multicounty probation services fund shall be	19795
established in the county treasury of the county whose treasurer,	19796
in accordance with section 2301.27 of the Revised Code, is	19797
designated by the judges of the courts of common pleas as the	19798
treasurer to whom monthly supervision fees are to be appropriated	19799
and transferred under division (A)(2) of this section for deposit	19800
into the fund. The fund shall contain all moneys that are paid to	19801
the treasurer of any member county under section 2951.021 of the	19802
Revised Code for deposit into the county's probation services fund	19803
and that subsequently are appropriated and transferred to the	19804
multicounty probation services fund under division (A)(2) of this	19805
section. The board of county commissioners of the county in which	19806
the multicounty probation services fund is established shall	19807
appropriate the money contained in that fund to the multicounty	19808
department of probation, for use only for specialized staff,	19809
purchase of equipment, purchase of services, reconciliation	19810
programs for offenders and victims, other treatment programs,	19811
including ~~alcohol and drug~~community addiction ~~programs~~services	19812
providers certified under section ~~3793.06~~5119.36 of the Revised	19813
Code, determined to be appropriate by the chief probation officer,	19814
and for other similar expenses related to placing offenders under	19815
a community control sanction.	19816

(C) Any money in a county or multicounty probation services	19817
fund at the end of a fiscal year shall not revert to the general	19818
fund of the county but shall be retained in the fund.	19819

(D) As used in this section:

19820

(1) "County-operated municipal court" has the same meaning as	19821
in section 1901.03 of the Revised Code.	19822

(2) "Multicounty department of probation" means a probation	19823
department established under section 2301.27 of the Revised Code	19824
to serve more than one county.	19825

(3) "Community control sanction" has the same meaning as in	19826
section 2929.01 of the Revised Code.	19827

Sec. 329.04. (A) The county department of job and family	19828
services shall have, exercise, and perform the following powers	19829
and duties:	19830

(1) Perform any duties assigned by the state department of	19831
job and family services or department of medicaid regarding the	19832
provision of public family services, including the provision of	19833
the following services to prevent or reduce economic or personal	19834
dependency and to strengthen family life:	19835

(a) Services authorized by a Title IV-A program, as defined	19836
in section 5101.80 of the Revised Code;	19837

(b) Social services authorized by Title XX of the "Social	19838
Security Act" and provided for by section 5101.46 or 5101.461 of	19839
the Revised Code;	19840

(c) If the county department is designated as the child	19841
support enforcement agency, services authorized by Title IV-D of	19842
the "Social Security Act" and provided for by Chapter 3125. of the	19843
Revised Code. The county department may perform the services	19844
itself or contract with other government entities, and, pursuant	19845
to division (C) of section 2301.35 and section 2301.42 of the	19846
Revised Code, private entities, to perform the Title IV-D	19847
services.	19848

(d) Duties assigned under section ~~5111.98~~5162.031 of the	19849
Revised Code.	19850

(2) Administer disability financial assistance, as required	19851
by the state department of job and family services under section	19852
5115.03 of the Revised Code;	19853

(3) Administer burials insofar as the administration of	19854
burials was, prior to September 12, 1947, imposed upon the board	19855
of county commissioners and if otherwise required by state law;	19856

(4) Cooperate with state and federal authorities in any	19857
matter relating to family services and to act as the agent of such	19858
authorities;	19859

(5) Submit an annual account of its work and expenses to the	19860
board of county commissioners and to the state department of job	19861
and family services and department of medicaid at the close of	19862
each fiscal year;	19863

(6) Exercise any powers and duties relating to family	19864
services duties or workforce development activities imposed upon	19865
the county department of job and family services by law, by	19866
resolution of the board of county commissioners, or by order of	19867
the governor, when authorized by law, to meet emergencies during	19868
war or peace;	19869

(7) ~~Determine the eligibility for medical assistance of~~	19870
~~recipients of aid under Title XVI of the "Social Security Act";~~	19871

~~(8) If assigned by the state director of job and family~~	19872
~~services under section 5101.515 or 5101.525 of the Revised Code,~~	19873
~~determine applicants' eligibility for health assistance under the~~	19874
~~children's health insurance program part II or part III;~~	19875

~~(9)~~ Enter into a plan of cooperation with the board of county	19876
commissioners under section 307.983, consult with the board in the	19877
development of the transportation work plan developed under	19878
section 307.985, establish with the board procedures under section	19879
307.986 for providing services to children whose families relocate	19880
frequently, and comply with the contracts the board enters into	19881
under sections 307.981 and 307.982 of the Revised Code that affect	19882
the county department;	19883

~~(10)~~(8) For the purpose of complying with a grant agreement	19884
the board of county commissioners enters into under sections	19885
307.98 and 5101.21 of the Revised Code, exercise the powers and	19886
perform the duties the grant agreement assigns to the county	19887
department;	19888

~~(11)~~(9) If the county department is designated as the	19889
workforce development agency, provide the workforce development	19890
activities specified in the contract required by section 330.05 of	19891
the Revised Code.	19892

(B) The powers and duties of a county department of job and	19893
family services are, and shall be exercised and performed, under	19894
the control and direction of the board of county commissioners.	19895
The board may assign to the county department any power or duty of	19896
the board regarding family services duties and workforce	19897
development activities. If the new power or duty necessitates the	19898
state department of job and family services or department of	19899
medicaid changing its federal cost allocation plan, the county	19900
department may not implement the power or duty unless the United	19901
States department of health and human services approves the	19902
changes.	19903

Sec. 329.051. The county department of job and family	19904
services shall make voter registration applications as prescribed	19905
by the secretary of state under section 3503.10 of the Revised	19906
Code available to persons who are applying for, receiving	19907
assistance from, or participating in any of the following:	19908

(A) The disability financial assistance program established	19909
under Chapter 5115. of the Revised Code;	19910

(B) The ~~medical assistance~~medicaid program ~~established under~~	19911
~~Chapter 5111. of the Revised Code~~;	19912

(C) The Ohio works first program established under Chapter	19913
5107. of the Revised Code;	19914

(D) The prevention, retention, and contingency program	19915
established under Chapter 5108. of the Revised Code.	19916

Sec. 329.06. (A) Except as provided in division (C) of this	19917
section and section 6301.08 of the Revised Code, the board of	19918
county commissioners shall establish a county family services	19919
planning committee. The board shall appoint a member to represent	19920
the county department of job and family services; an employee in	19921
the classified civil service of the county department of job and	19922
family services, if there are any such employees; and a member to	19923
represent the public. The board shall appoint other individuals to	19924
the committee in such a manner that the committee's membership is	19925
broadly representative of the groups of individuals and the public	19926
and private entities that have an interest in the family services	19927
provided in the county. The board shall make appointments in a	19928
manner that reflects the ethnic and racial composition of the	19929
county. The following groups and entities may be represented on	19930
the committee:	19931

(1) Consumers of family services;

19932

(2) The public children services agency;

19933

(3) The child support enforcement agency;

19934

(4) The county family and children first council;

19935

(5) Public and private colleges and universities;

19936

(6) Public entities that provide family services, including	19937
boards of health, boards of education, the county board of	19938
developmental disabilities, and the board of alcohol, drug	19939
addiction, and mental health services that serves the county;	19940

(7) Private nonprofit and for-profit entities that provide	19941
family services in the county or that advocate for consumers of	19942
family services in the county, including entities that provide	19943
services to or advocate for victims of domestic violence;	19944

(8) Labor organizations;

19945

(9) Any other group or entity that has an interest in the	19946
family services provided in the county, including groups or	19947
entities that represent any of the county's business, urban, and	19948
rural sectors.	19949

(B) The county family services planning committee shall do	19950
all of the following:	19951

(1) Serve as an advisory body to the board of county	19952
commissioners with regard to the family services provided in the	19953
county, including assistance under Chapters 5107. and 5108. of the	19954
Revised Code, publicly funded child care under Chapter 5104. of	19955
the Revised Code, and social services provided under section	19956
5101.46 of the Revised Code;	19957

(2) At least once a year, review and analyze the county	19958
department of job and family services' implementation of the	19959
programs established under Chapters 5107. and 5108. of the Revised	19960
Code. In its review, the committee shall use information available	19961
to it to examine all of the following:	19962

(a) Return of assistance groups to participation in either	19963
program after ceasing to participate;	19964

(b) Teen pregnancy rates among the programs' participants;

19965

(c) The other types of assistance the programs' participants	19966
receive, including medicaid ~~under Chapter 5111. of the Revised~~	19967
~~Code~~, publicly funded child care under Chapter 5104. of the	19968
Revised Code, supplemental nutrition assistance program benefits	19969
under section 5101.54 of the Revised Code, and energy assistance	19970
under Chapter 5117. of the Revised Code;	19971

(d) Other issues the committee considers appropriate.

19972

The committee shall make recommendations to the board of	19973
county commissioners and county department of job and family	19974
services regarding the committee's findings.	19975

(3) Conduct public hearings on proposed county profiles for	19976
the provision of social services under section 5101.46 of the	19977
Revised Code;	19978

(4) At the request of the board, make recommendations and	19979
provide assistance regarding the family services provided in the	19980
county;	19981

(5) At any other time the committee considers appropriate,	19982
consult with the board and make recommendations regarding the	19983
family services provided in the county. The committee's	19984
recommendations may address the following:	19985

(a) Implementation and administration of family service	19986
programs;	19987

(b) Use of federal, state, and local funds available for	19988
family service programs;	19989

(c) Establishment of goals to be achieved by family service	19990
programs;	19991

(d) Evaluation of the outcomes of family service programs;

19992

(e) Any other matter the board considers relevant to the	19993
provision of family services.	19994

(C) If there is a committee in existence in a county on	19995
October 1, 1997, that the board of county commissioners determines	19996
is capable of fulfilling the responsibilities of a county family	19997
services planning committee, the board may designate the committee	19998
as the county's family services planning committee and the	19999
committee shall serve in that capacity.	20000

Sec. 329.14. (A) An individual whose household income does	20001
not exceed two hundred per cent of the federal poverty line is	20002
eligible to participate in an individual development account	20003
program established by the county department of job and family	20004
services of the county in which the individual resides. An	20005
eligible individual seeking to be a participant in the program	20006
shall enter into an agreement with the fiduciary organization	20007
administering the program. The agreement shall specify the terms	20008
and conditions of uses of funds deposited, financial documentation	20009
required to be maintained by the participant, expectations and	20010
responsibilities of the participant, and services to be provided	20011
by the fiduciary organization.	20012

(B) A participant may deposit earned income, as defined in 26	20013
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	20014
organization may deposit into the account an amount not exceeding	20015
four times the amount deposited by the participant except that a	20016
fiduciary organization may not, pursuant to an agreement with an	20017
employer, deposit an amount into an account held by a participant	20018
who is employed by the employer. An account may have no more than	20019
ten thousand dollars in it at any time.	20020

(C) Notwithstanding eligibility requirements established in	20021
or pursuant to Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	20022
Code, to the extent permitted by federal statutes and regulations,	20023
money in an individual development account, including interest, is	20024
exempt from consideration in determining whether the participant	20025
or a member of the participant's assistance group is eligible for	20026
assistance under Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	20027
Code and the amount of assistance the participant or assistance	20028
group is eligible to receive.	20029

(D)(1) Except as provided in division (D)(2) of this section,	20030
an individual development account program participant may use	20031
money in the account only for the following purposes:	20032

(a) Postsecondary educational expenses paid directly from the	20033
account to an eligible education institution or vendor;	20034

(b) Qualified acquisition expenses of a principal residence,	20035
as defined in 26 U.S.C. 1034, as amended, paid directly from the	20036
account to the person or government entity to which the expenses	20037
are due;	20038

(c) Qualified business capitalization expenses made in	20039
accordance with a qualified business plan that has been approved	20040
by a financial institution or by a nonprofit microenterprise	20041
program having demonstrated business expertise and paid directly	20042
from the account to the person to whom the expenses are due.	20043

(2) A fiduciary organization shall permit a participant to	20044
withdraw money deposited by the participant if it is needed to	20045
deal with a personal emergency of the participant or a member of	20046
the participant's family or household. Withdrawal shall result in	20047
the loss of any matching funds in an amount equal to the amount of	20048
the withdrawal.	20049

(3) Regardless of the reason for the withdrawal, a withdrawal	20050
from an individual development account may be made only with the	20051
approval of the fiduciary organization.	20052

Sec. 339.02. (A) As used in this section, "area served by	20053
the hospital" means the geographic area, whether or not included	20054
within the county, from which a county hospital regularly draws	20055
patients.	20056

(B) Unless a board of county hospital trustees for the county	20057
is in existence in accordance with this section, such board shall	20058
be created pursuant to this section after the board of county	20059
commissioners first determines by resolution to establish a county	20060
hospital. Copies of such resolution shall be certified to the	20061
probate judge of the county senior in point of service and to the	20062
judge, other than a probate judge, of the court of common pleas of	20063
the county senior in point of service. The board of county	20064
commissioners together with the probate judge of the county senior	20065
in point of service and the judge of the court of common pleas of	20066
the county senior in point of service shall, within ten days after	20067
such certification, appoint a board of county hospital trustees.	20068

(C) In making appointments to a board of county hospital	20069
trustees, ~~all~~both of the following apply with respect to the	20070
individuals who may be appointed:	20071

(1) Members shall be electors and representative of the area	20072
served by the hospital, except that not more than two members may	20073
be electors of the area served by the hospital that is outside the	20074
county in which the hospital is located.	20075

(2) ~~In no case shall more than one-half of the members be~~	20076
~~independents or be members of any one political party.~~	20077

~~(3)~~ A physician may serve as a member, including a physician	20078
who is authorized to admit and treat patients at the hospital,	20079
except as follows:	20080

(a) Not more than two physicians may serve as members at the	20081
same time;	20082

(b) No physician who is employed by the hospital may serve as	20083
a member.	20084

(D) A board of county hospital trustees shall be composed of	20085
six members, unless the board of county commissioners determines	20086
that the board of trustees can more effectively function with	20087
eight or ten members in which case there may be eight or ten	20088
members, as designated by the board of county commissioners.	20089

(E) With respect to the initial appointment of members to a	20090
board of county hospital trustees, all of the following apply:	20091

(1) When the board is composed of six members, their terms of	20092
office shall be one for one year, one for two years, one for three	20093
years, one for four years, one for five years, and one for six	20094
years from the first Monday of March thereafter.	20095

(2) When the board is composed of eight members, their terms	20096
of office shall be one for one year, one for two years, two for	20097
three years, one for four years, one for five years, and two for	20098
six years from the first Monday of March thereafter.	20099

(3) When the board is composed of ten members, their terms of	20100
office shall be two for one year, one for two years, two for three	20101
years, two for four years, one for five years, and two for six	20102
years from the first Monday of March thereafter.	20103

(F) Except as provided in division (G)(2) of this section,	20104
all of the following apply with respect to vacancies on a board of	20105
county hospital trustees:	20106

(1) Annually, on the first Monday of March, the board of	20107
county commissioners together with the probate judge of the county	20108
senior in point of service and the judge of the court of common	20109
pleas of the county senior in point of service shall appoint or	20110
reappoint for a term of six years a sufficient number of members	20111
to replace those members whose terms have expired.	20112

(2) The appointing authority shall fill a vacancy not later	20113
than six months after the vacancy occurs. If the vacancy remains	20114
unfilled on that date, the remaining members of the board, by	20115
majority vote, shall appoint an individual to fill the vacancy.	20116

(3) The appointing authority may fill a vacancy by seeking	20117
nominations from a selection committee consisting of one county	20118
commissioner designated by the board of county commissioners, the	20119
chair of the board of county hospital trustees, and the county	20120
hospital administrator. If nominations for filling a vacancy are	20121
sought from a selection committee, the committee shall nominate at	20122
least three individuals for the vacancy. The appointing authority	20123
may fill the vacancy by appointing one of the nominated	20124
individuals or by appointing another individual selected by the	20125
appointing authority.	20126

(4) Any member appointed to fill a vacancy occurring prior to	20127
the expiration date of the term for which the member's predecessor	20128
was appointed shall hold office as a member for the remainder of	20129
that term.	20130

(G)(1) The board of county commissioners together with the	20131
probate judge senior in point of service and the judge of the	20132
court of common pleas senior in point of service in any county in	20133
which a board of county hospital trustees has been appointed may	20134
expand the number of members to eight or to ten. When the number	20135
of members is increased to eight, one shall be appointed for a	20136
three-year and one for a six-year term from the first Monday of	20137
March thereafter. When the number of members is increased from six	20138
to ten, the term for additional members shall be: one for one	20139
year, one for three years, one for four years, and one for six	20140
years from the first Monday of March thereafter. When the number	20141
of members is increased from eight to ten, the term for additional	20142
members shall be: one for one year and one for four years from the	20143
first Monday of March thereafter. Thereafter except as provided in	20144
division (G)(2) of this section, upon the expiration of the term	20145
of office of each member, the vacancy shall be filled in the	20146
manner specified in division (F) of this section.	20147

(2) The board of county commissioners together with the	20148
probate judge senior in point of service and the judge of the	20149
court of common pleas senior in point of service may reduce the	20150
number of members of a board of county hospital trustees to eight	20151
or to six. The reduction shall occur on expiration of a member's	20152
term of office, at which time no appointment shall be made. While	20153
the board of county commissioners and the judges are in the	20154
process of reducing the number of members, the board of county	20155
hospital trustees may consist of nine or seven members for one	20156
year.	20157

(H) Any member of a board of county hospital trustees may be	20158
removed from office by the appointing authority for neglect of	20159
duty, misconduct, or malfeasance in office. The member shall be	20160
informed in writing of the charges and afforded an opportunity for	20161
a hearing before the appointing authority. The appointing	20162
authority shall not remove a member from office for political	20163
reasons.	20164

(I) The board of county commissioners may provide members of	20165
a board of county hospital trustees ~~shall~~a stipend for their	20166
service or require the members to serve without compensation~~, but~~.	20167
The members shall be allowed their necessary and reasonable	20168
expenses incurred in the performance of their duties, including	20169
the cost of their participation in any continuing education	20170
programs or developmental programs that the members consider	20171
necessary. Allowable stipends and expenses shall be paid out of	20172
the funds provided for the county hospital.	20173

(J) The persons selected to be members of a board of county	20174
hospital trustees shall forthwith be notified, by mail, of their	20175
appointment. When a board is initially appointed, the notice shall	20176
state a time, not more than ten days later, when such board shall	20177
meet at the county seat of such county to organize. On the date	20178
stated, the board shall meet and organize.	20179

(K) A board of county hospital trustees shall organize by	20180
electing one of its number as chairperson and such other officers	20181
as specified in the board's rules. Four members of a six-member	20182
board constitute a quorum, five members constitute a quorum of an	20183
eight-member board, and six members constitute a quorum of a	20184
ten-member board.	20185

A board of county hospital trustees shall hold meetings at	20186
least ~~once a month~~quarterly, shall adopt necessary rules of	20187
procedure, and shall keep a record of its proceedings and a strict	20188
account of all its receipts, disbursements, and expenditures. On	20189
completion of the construction and equipping of a county hospital,	20190
the board shall file such account with the board of county	20191
commissioners and make final settlement with the board of county	20192
commissioners for the construction and equipping of the hospital.	20193

Sec. 339.05. (A) A board of county hospital trustees may	20194
adopt, annually, bidding procedures and purchasing or leasing	20195
policies ~~for services~~ provided through a joint purchasing	20196
arrangement sponsored by a nonprofit organization, ~~and~~ for	20197
services, supplies, and equipment, that are routinely used in the	20198
operation of the hospital and that cost in excess of the amount	20199
specified in section 307.86 of the Revised Code as the amount	20200
above which purchases must be competitively bid. If a board of	20201
county hospital trustees adopts those policies and procedures, and	20202
if the board of county commissioners approves them, the board of	20203
county hospital trustees may follow those policies and procedures	20204
in lieu of following the competitive bidding procedures of	20205
sections 307.86 to 307.92 of the Revised Code.	20206

(B) Notwithstanding section 307.86 of the Revised Code, the	20207
board of county hospital trustees is exempt from competitive	20208
bidding as required under that section if the board, by a	20209
unanimous vote of its members, makes a determination that a real	20210
and present emergency exists, and either of the following applies:	20211

(1) The estimated cost is less than one hundred thousand	20212
dollars.	20213

(2) There is actual physical damage to structures or	20214
equipment.	20215

The board shall enter the determination of emergency and the	20216
reasons for it in the minutes of its proceedings.	20217

For purposes of this section, a vote is unanimous if all	20218
members of a board of county hospital trustees are present, or a	20219
lesser number of members of the board if not all members are	20220
present, provided that the number of members present constitutes a	20221
quorum.	20222

Whenever a contract of purchase, lease, or construction is	20223
exempted from competitive bidding because the estimated cost is	20224
less than one hundred thousand dollars, but the estimated cost is	20225
fifty thousand dollars or more, the board shall solicit informal	20226
estimates from not fewer than three persons who could perform the	20227
contract, before awarding the contract. With regard to each such	20228
contract, the board shall maintain a record of the informal	20229
estimates, including the name of each person from whom an informal	20230
estimate was solicited. The board shall maintain the record for	20231
the longer of at least one year after the contract is awarded or	20232
an amount of time required by the federal government.	20233

Sec. 339.06. (A) The board of county hospital trustees, upon	20234
completion of construction or leasing and equipping of a county	20235
hospital, shall assume and continue the operation of the hospital.	20236

(B) The board of county hospital trustees shall have the	20237
entire management and control of the county hospital. The board	20238
may in writing delegate its management and control of the county	20239
hospital to the administrator of the county hospital employed	20240
under section 339.07 of the Revised Code. The board shall	20241
establish such rules for the hospital's government, management,	20242
control, and the admission of persons as are expedient.	20243

(C) The board of county hospital trustees has control of the	20244
property of the county hospital, including management and disposal	20245
of surplus property other than real estate or an interest in real	20246
estate.	20247

(D) With respect to the use of funds by the board of county	20248
hospital trustees and its accounting for the use of funds, all of	20249
the following apply:	20250

(1) The board of county hospital trustees has control of all	20251
funds used in the county hospital's operation, including moneys	20252
received from the operation of the hospital, moneys appropriated	20253
for its operation by the board of county commissioners, and moneys	20254
resulting from special levies submitted by the board of county	20255
commissioners as provided for in section 5705.22 of the Revised	20256
Code.	20257

(2) Of the funds used in the county hospital's operation, all	20258
or part of any amount determined not to be necessary to meet	20259
current demands on the hospital may be invested by the board of	20260
county hospital trustees or its designee in any classifications of	20261
securities and obligations eligible for deposit or investment of	20262
county moneys pursuant to section 135.35 of the Revised Code,	20263
subject to the approval of the board's written investment policy	20264
by the county investment advisory committee established pursuant	20265
to section 135.341 of the Revised Code.	20266

(3) Annually, not later than sixty days before the end of the	20267
fiscal year used by the county hospital, the board of county	20268
hospital trustees shall submit its proposed budget for the ensuing	20269
fiscal year to the board of county commissioners for that board's	20270
review. The board of county commissioners shall review and approve	20271
the proposed budget by the first day of the fiscal year to which	20272
the budget applies. If the board of county commissioners has not	20273
approved the budget by the first day of the fiscal year to which	20274
the budget applies, the budget is deemed to have been approved by	20275
the board on the first day of that fiscal year.	20276

(4) The board of county hospital trustees shall not expend	20277
funds received from taxes collected pursuant to any tax levied	20278
under section 5705.22 of the Revised Code or the amount	20279
appropriated to the county hospital by the board of county	20280
commissioners in the annual appropriation measure for the county	20281
until its budget for the applicable fiscal year is approved in	20282
accordance with division (C)(3) of this section. At any time the	20283
amount received from those sources differs from the amount shown	20284
in the approved budget, the board of county commissioners may	20285
require the board of county hospital trustees to revise the county	20286
hospital budget accordingly.	20287

(5) Funds under the control of the board of county hospital	20288
trustees may be disbursed by the board, consistent with the	20289
approved budget, for the uses and purposes of the county hospital;	20290
for the replacement of necessary equipment; for the acquisition,	20291
leasing, or construction of permanent improvements to county	20292
hospital property; or for making a donation authorized by division	20293
(E) of this section. Each disbursement of funds shall be made on a	20294
voucher signed by signatories designated and approved by the board	20295
of county hospital trustees.	20296

(6) The head of a board of county hospital trustees is not	20297
required to file an estimate of contemplated revenue and	20298
expenditures for the ensuing fiscal year under section 5705.28 of	20299
the Revised Code unless the board of county commissioners levies a	20300
tax for the county hospital, or such a tax is proposed, or the	20301
board of county hospital trustees desires that the board of county	20302
commissioners make an appropriation to the county hospital for the	20303
ensuing fiscal year.	20304

(7) All moneys appropriated by the board of county	20305
commissioners or from special levies by the board of county	20306
commissioners for the operation of the hospital, when collected	20307
shall be paid to the board of county hospital trustees on a	20308
warrant of the county auditor and approved by the board of county	20309
commissioners.	20310

(8) The board of county hospital trustees shall provide for	20311
the conduct of an annual financial audit of the county hospital.	20312
Not later than thirty days after it receives the final report of	20313
an annual financial audit, the board shall file a copy of the	20314
report with the board of county commissioners.	20315

(E) For the public purpose of improving the health, safety,	20316
and general welfare of the community, the board of county hospital	20317
trustees may donate to a nonprofit entity any of the following:	20318

(1) Moneys and other financial assets determined not to be	20319
necessary to meet current demands on the hospital;	20320

(2) Surplus hospital property, including supplies, equipment,	20321
office facilities, and other property that is not real estate or	20322
an interest in real estate;	20323

(3) Services rendered by the hospital.

20324

(F)(1) For purposes of division (F)(2) of this section:

20325

(a) "Bank" has the same meaning as in section 1101.01 of the	20326
Revised Code.	20327

(b) "Savings and loan association" has the same meaning as in	20328
section 1151.01 of the Revised Code.	20329

(c) "Savings bank" has the same meaning as in section 1161.01	20330
of the Revised Code.	20331

(2) The board of county hospital trustees may enter into a	20332
contract for a secured line of credit with a bank, savings and	20333
loan association, or savings bank if the contract meets all of the	20334
following requirements:	20335

(a) The term of the contract does not exceed one year, except	20336
that the contract may provide for the automatic renewal of the	20337
contract for up to four additional one-year periods if, on the	20338
date of automatic renewal, the aggregate outstanding draws	20339
remaining unpaid under the secured line of credit do not exceed	20340
fifty per cent of the maximum amount that can be drawn under the	20341
secured line of credit.	20342

(b) The contract provides that the bank, savings and loan	20343
association, or savings bank shall not commence a civil action	20344
against the board of county commissioners, any member of the	20345
board, or the county to recover the principal, interest, or any	20346
charges or other amounts that remain outstanding on the secured	20347
line of credit at the time of any default by the board of county	20348
hospital trustees.	20349

(c) The contract provides that no assets other than those of	20350
the county hospital can be used to secure the line of credit.	20351

(d) The terms and conditions of the contract comply with all	20352
state and federal statutes and rules governing the extension of a	20353
secured line of credit.	20354

(3) Any obligation incurred by a board of county hospital	20355
trustees under division (F)(2) of this section is an obligation of	20356
that board only and not a general obligation of the board of	20357
county commissioners or the county within the meaning of division	20358
(Q) of section 133.01 of the Revised Code.	20359

(4) Notwithstanding anything to the contrary in the Revised	20360
Code, the board of county hospital trustees may secure the line of	20361
credit authorized under division (F)(2) of this section by the	20362
grant of a security interest in any part or all of its tangible	20363
personal property and intangible personal property, including its	20364
deposit accounts, accounts receivable, or both.	20365

(5) No board of county hospital trustees shall at any time	20366
have more than one secured line of credit under division (F)(2) of	20367
this section.	20368

(G) The board of county hospital trustees shall establish a	20369
schedule of charges for all services and treatment rendered by the	20370
county hospital. It may provide for the free treatment in the	20371
hospital of soldiers, sailors, and marines of the county, under	20372
such conditions and rules as it prescribes.	20373

(H) The board of county hospital trustees may designate the	20374
amounts and forms of insurance protection to be provided, and the	20375
board of county commissioners shall assist in obtaining such	20376
protection. The expense of providing the protection shall be paid	20377
from hospital operating funds.	20378

(I) The board of county hospital trustees may authorize a	20379
county hospital and each of its units, hospital board members,	20380
designated hospital employees, and medical staff members to be a	20381
member of and maintain membership in any local, state, or national	20382
group or association organized and operated for the promotion of	20383
the public health and welfare or advancement of the efficiency of	20384
hospital administration and in connection therewith to use tax	20385
funds for the payment of dues and fees and related expenses but	20386
nothing in this section prohibits the board from using receipts	20387
from hospital operation, other than tax funds, for the payment of	20388
such dues and fees.	20389

(J) The following apply to the board of county hospital	20390
trustees in relation to its employees and the employees of the	20391
county hospital:	20392

(1) The board shall adopt the wage and salary schedule for	20393
employees.	20394

(2) The board may employ the hospital's administrator	20395
pursuant to section 339.07 of the Revised Code, and the	20396
administrator may employ individuals for the hospital in	20397
accordance with that section.	20398

(3) The board may employ assistants as necessary to perform	20399
its clerical work, superintend properly the construction of the	20400
county hospital, and pay the hospital's expenses. Such employees	20401
may be paid from funds provided for the county hospital.	20402

(4) The board may hire, by contract or as salaried employees,	20403
such management consultants, accountants, attorneys, engineers,	20404
architects, construction managers, and other professional advisors	20405
as it determines are necessary and desirable to assist in the	20406
management of the programs and operation of the county hospital.	20407
Such professional advisors may be paid from county hospital	20408
operating funds.	20409

(5) Notwithstanding section 325.19 of the Revised Code, the	20410
board may grant to employees any fringe benefits the board	20411
determines to be customary and usual in the nonprofit hospital	20412
field in its community, including, but not limited to:	20413

(a) Additional vacation leave with full pay for full-time	20414
employees, including full-time hourly rate employees, after	20415
service of one year;	20416

(b) Vacation leave and holiday pay for part-time employees on	20417
a pro rata basis;	20418

(c) Leave with full pay due to death in the employee's	20419
immediate family, which shall not be deducted from the employee's	20420
accumulated sick leave;	20421

(d) Premium pay for working on holidays listed in section	20422
325.19 of the Revised Code;	20423

(e) Moving expenses for new employees;

20424

(f) Discounts on hospital supplies and services.

20425

(6) The board may provide holiday leave by observing Martin	20426
Luther King day, Washington-Lincoln day, Columbus day, and	20427
Veterans' day on days other than those specified in section 1.14	20428
of the Revised Code.	20429

(7) The board may grant to employees the insurance benefits	20430
authorized by section 339.16 of the Revised Code.	20431

(8) Notwithstanding section 325.19 of the Revised Code, the	20432
board may grant to employees, including hourly rate employees,	20433
such personal holidays as the board determines to be customary and	20434
usual in the hospital field in its community.	20435

(9) The board may provide employee recognition awards and	20436
hold employee recognition dinners.	20437

(10) The board may grant to employees the recruitment and	20438
retention benefits specified under division (K) of this section.	20439

(K) Notwithstanding sections 325.191 and 325.20 of the	20440
Revised Code, the board of county hospital trustees may provide,	20441
without the prior authorization of the board of county	20442
commissioners, scholarships for education in the health care	20443
professions, tuition reimbursement, and other staff development	20444
programs to enhance the skills of health care professionals for	20445
the purpose of recruiting or retaining qualified employees.	20446

The board of county hospital trustees may pay reasonable	20447
expenses for recruiting or retaining physicians and other	20448
appropriate health care practitioners.	20449

(L) The board of county hospital trustees may retain counsel	20450
and institute legal action in its own name for the collection of	20451
delinquent accounts. The board may also employ any other lawful	20452
means for the collection of delinquent accounts.	20453

Sec. 339.07. (A) The board of county hospital trustees shall	20454
provide for the administration of the county hospital by directly	20455
employing a hospital administrator or by entering into a contract	20456
for the management of the hospital under which an administrator is	20457
provided. When an administrator is employed directly, the board	20458
shall adopt a job description delineating the administrator's	20459
powers and duties and the board may pay the administrator's salary	20460
and other benefits from funds provided for the hospital.	20461

(B) During the construction and equipping of the hospital,	20462
the administrator shall act in an advisory capacity to the board	20463
of county hospital trustees. After the hospital is completed, the	20464
administrator shall serve as the chief executive officer and shall	20465
carry out the administration of the county hospital according to	20466
the policies set forth by the board and any written delegation.	20467

The administrator shall administer the county hospital, make	20468
reports, and take any other action that the administrator	20469
determines is necessary for the operation of the hospital.	20470

At the end of each fiscal year, the administrator shall	20471
submit to the board a complete financial statement showing the	20472
receipts, revenues, and expenditures in detail for the entire	20473
fiscal year.	20474

The administrator shall ensure that the hospital has such	20475
physicians, nurses, and other employees as are necessary for the	20476
proper care, control, and management of the county hospital and	20477
its patients. The physicians, nurses, and other employees may be	20478
suspended or removed by the administrator at any time the welfare	20479
of the hospital warrants suspension or removal. The administrator	20480
may obtain physicians, nurses, and other employees by direct	20481
employment, entering into contracts, or granting authority to	20482
practice in the hospital. Persons employed directly shall be in	20483
the unclassified civil service, pursuant to section 124.11 of the	20484
Revised Code.	20485

Sec. 340.01. (A) As used in this chapter, "addiction,"	20486
"addiction services," "alcohol and drug addiction services," ~~and~~	20487
"community addiction services provider," "community mental health	20488
services provider," "~~alcohol and drug addiction programs~~gambling	20489
addiction services," "mental health services," and "mental	20490
illness" have the same meanings as in section ~~3793.01~~5119.01 of	20491
the Revised Code.	20492

(B) An alcohol, drug addiction, and mental health service	20493
district shall be established in any county or combination of	20494
counties having a population of at least fifty thousand to provide	20495
~~alcohol and drug~~ addiction services and mental health services.	20496
With the approval of the ~~directors~~director of ~~mental health and~~	20497
~~alcohol and drug addiction services~~mental health and addiction	20498
services, any county or combination of counties having a	20499
population of less than fifty thousand may establish such a	20500
district. Districts comprising more than one county shall be known	20501
as joint-county districts.	20502

The board of county commissioners of any county participating	20503
in a joint-county district may submit a resolution requesting	20504
withdrawal from the district together with a comprehensive plan or	20505
plans that are in compliance with rules adopted by the director of	20506
~~mental health~~mental health and addiction services under ~~section~~	20507
~~5119.61~~section 5119.22 of the Revised Code ~~and rules adopted by~~	20508
~~the department of alcohol and drug addiction services under~~	20509
~~section 3793.05 of the Revised Code~~, and that provide for the	20510
equitable adjustment and division of all services, assets,	20511
property, debts, and obligations, if any, of the joint-county	20512
district to the board of alcohol, drug addiction, and mental	20513
health services, to the boards of county commissioners of each	20514
county in the district, and to the directors. No county	20515
participating in a joint-county service district may withdraw from	20516
the district without the consent of the ~~directors~~director of	20517
~~mental health and alcohol and drug addiction services~~mental	20518
health and addiction services nor earlier than one year after the	20519
submission of such resolution unless all of the participating	20520
counties agree to an earlier withdrawal. Any county withdrawing	20521
from a joint-county district shall continue to have levied against	20522
its tax list and duplicate any tax levied by the district during	20523
the period in which the county was a member of the district until	20524
such time as the levy expires or is renewed or replaced.	20525

Sec. 340.011. (A) This chapter shall be interpreted to	20526
accomplish all of the following:	20527

(1) Establish a unified system of treatment for mentally ill	20528
persons and persons with addictions;	20529

(2) Establish a community support system available for every	20530
alcohol, drug addiction, and mental health service district;	20531

(3) Protect the personal liberty of mentally ill persons so	20532
that they may be treated in the least restrictive environment;	20533

(4) Encourage the development of high quality, cost	20534
effective, and comprehensive services, including culturally	20535
sensitive services;	20536

(5) Foster the development of comprehensive community mental	20537
health services, based on recognized local needs, especially for	20538
severely mentally disabled children, adolescents, and adults;	20539

(6) Ensure that services provided meet minimum standards	20540
established by the director of ~~mental health or the department of~~	20541
~~alcohol and drug addiction services~~mental health and addiction	20542
services;	20543

(7) Promote the delivery of high quality and cost-effective	20544
~~alcohol and drug~~ addiction and mental health services;	20545

(8) Promote the participation of ~~consumers of~~persons	20546
receiving mental health services and ~~alcohol and drug~~ addiction	20547
services in the planning, delivery, and evaluation of these	20548
services.	20549

(B) Nothing in Chapter 340., ~~3793.,~~ 5119., or 5122. of the	20550
Revised Code shall be construed as requiring a board of county	20551
commissioners to provide resources beyond the total amount set	20552
forth in a ~~community~~budget and statement of services to be	20553
provided by the alcohol, drug addiction, and mental health ~~plan~~	20554
services board, as developed and submitted under section ~~340.03~~	20555
340.08 of the Revised Code~~, to provide the services listed in~~	20556
~~section 340.09 of the Revised Code, and nothing in those chapters~~	20557
~~shall be construed as requiring a board of county commissioners to~~	20558
~~provide resources beyond the total amount set forth in a plan for~~	20559
~~alcohol and drug addiction services, prepared and submitted in~~	20560
~~accordance with sections 340.033 and 3793.05 of the Revised Code,~~	20561
~~to provide alcohol and drug addiction services~~.	20562

Sec. 340.02. ~~As used in this section, "mental health~~	20563
~~professional" means a person who is qualified to work with~~	20564
~~mentally ill persons, pursuant to standards established by the~~	20565
~~director of mental health under section 5119.611 of the Revised~~	20566
~~Code.~~	20567

(A) For each alcohol, drug addiction, and mental health	20568
service district, there shall be appointed a board of alcohol,	20569
drug addiction, and mental health services consisting of eighteen	20570
members or fourteen members, at the election of the board. Not	20571
later than January 1, 2014, each board of alcohol, drug addiction,	20572
and mental health services shall notify the department of mental	20573
health and addiction services of its election to continue to	20574
operate as an eighteen-member board or to transition to operation	20575
as a fourteen-member board. The election shall be final. Failure	20576
to provide notice of its election to the department on or before	20577
January 1, 2014, shall constitute an election to continue to	20578
operate as an eighteen-member board. If an existing board provides	20579
timely notice of its election to transition to operate as a	20580
fourteen-member board, the number of board members may decline	20581
from eighteen to fourteen by attrition as current members' terms	20582
expire. However, the composition of the board must reflect the	20583
requirements set forth in this section for fourteen-member boards.	20584
~~Nine~~For all boards, half of the members shall be interested in	20585
mental health ~~programs and facilities~~services and ~~nine other~~	20586
half of the members shall be interested in alcohol or, drug, or	20587
gambling addiction ~~programs~~services. All members shall be	20588
residents of the service district. The membership shall, as nearly	20589
as possible, reflect the composition of the population of the	20590
service district as to race and sex.	20591

~~The~~(B) For boards operating as eighteen-member boards, the	20592
director of ~~mental health~~mental health and addiction services	20593
shall appoint ~~four~~eight members of the board~~, the director of~~	20594
~~alcohol and drug addiction services shall appoint four members,~~	20595
and the board of county commissioners shall appoint ten members.	20596
For boards operating as fourteen-member boards, the director of	20597
mental health and addiction services shall appoint six members of	20598
the board and the board of county commissioners shall appoint	20599
eight members. In a joint-county district, the county	20600
commissioners of each participating county shall appoint members	20601
in as nearly as possible the same proportion as that county's	20602
population bears to the total population of the district, except	20603
that at least one member shall be appointed from each	20604
participating county.	20605

(C) The director of ~~mental health~~mental health and addiction	20606
services shall ensure that at least one member of the board is a	20607
~~psychiatrist and one member of the board is a mental health~~	20608
~~professional. If the appointment of a psychiatrist is not~~	20609
~~possible, as determined under rules adopted by the director, a~~	20610
~~licensed physician may be appointed in place of the psychiatrist.~~	20611
~~If the appointment of a licensed physician is not possible, the~~	20612
~~director of mental health may waive the requirement that the~~	20613
~~psychiatrist or licensed physician be a resident of the service~~	20614
~~district and appoint a psychiatrist or licensed physician from a~~	20615
~~contiguous county. The director of mental health shall ensure that~~	20616
clinician with experience in the delivery of mental health	20617
services, at least one member of the board is a person who has	20618
received or is receiving mental health services paid for by public	20619
funds ~~and~~, at least one member of the board is a parent or other	20620
relative of such a person.	20621

~~The director of alcohol and drug addiction services shall~~	20622
~~ensure that at least one member of the board is a professional in~~	20623
~~the field of alcohol or drug addiction services and one member of~~	20624
~~the board is an advocate for persons receiving treatment for~~	20625
~~alcohol or drug addiction. Of the members appointed by the~~	20626
~~director of alcohol and drug addiction services~~, at least one	20627
member of the board is a clinician with experience in the delivery	20628
of addiction services, at least one ~~shall be~~member of the board	20629
is a person who has received or is receiving ~~services for alcohol~~	20630
~~or drug~~ addiction services paid for by public funds, and at least	20631
one ~~shall be~~member of the board is a parent or other relative of	20632
such a person. A single member who meets both qualifications may	20633
fulfill the requirement for a clinician with experience in the	20634
delivery of mental health services and a clinician with experience	20635
in the delivery of addiction services.	20636

(D) No member or employee of a board of alcohol, drug	20637
addiction, and mental health services shall serve as a member of	20638
the board of any ~~agency~~provider with which the board of alcohol,	20639
drug addiction, and mental health services has entered into a	20640
contract for the provision of services or facilities. No member of	20641
a board of alcohol, drug addiction, and mental health services	20642
shall be an employee of any ~~agency~~provider with which the board	20643
has entered into a contract for the provision of services or	20644
facilities~~, unless the board member's employment duties with the~~	20645
~~agency consist of providing, only outside the district the board~~	20646
~~serves, services for which the medicaid program pays~~. No person	20647
shall be an employee of a board and such ~~an agency~~a provider	20648
unless the board and ~~agency~~provider both agree in writing.	20649

(E) No person shall serve as a member of the board of	20650
alcohol, drug addiction, and mental health services whose spouse,	20651
child, parent, brother, sister, grandchild, stepparent, stepchild,	20652
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	20653
daughter-in-law, brother-in-law, or sister-in-law serves as a	20654
member of the board of any ~~agency~~provider with which the board of	20655
alcohol, drug addiction, and mental health services has entered	20656
into a contract for the provision of services or facilities. No	20657
person shall serve as a member or employee of the board whose	20658
spouse, child, parent, brother, sister, stepparent, stepchild,	20659
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	20660
daughter-in-law, brother-in-law, or sister-in-law serves as a	20661
county commissioner of a county or counties in the alcohol, drug	20662
addiction, and mental health service district.	20663

(F) Each year each board member shall attend at least one	20664
inservice training session provided or approved by the department	20665
of ~~mental health or the department of alcohol and drug addiction~~	20666
~~services~~mental health and addiction services. ~~Such training~~	20667
~~sessions shall not be considered to be regularly scheduled~~	20668
~~meetings of the board.~~	20669

~~Each~~(G) For boards operating as eighteen-member boards, each	20670
member shall be appointed for a term of four years, commencing the	20671
first day of July, except that one-third of initial appointments	20672
to a newly established board, and to the extent possible to	20673
expanded boards, shall be for terms of two years, one-third of	20674
initial appointments shall be for terms of three years, and	20675
one-third of initial appointments shall be for terms of four	20676
years. For boards operating as fourteen-member boards, each member	20677
shall be appointed for a term of four years, commencing the first	20678
day of July, except that four of the initial appointments to a	20679
newly established board, and to the extent possible to expanded	20680
boards, shall be for terms of two years, five initial appointments	20681
shall be for terms of three years, and five initial appointments	20682
shall be for terms of four years. No member shall serve more than	20683
two consecutive four-year terms under the same appointing	20684
authority. A member may serve for three consecutive terms under	20685
the same appointing authority only if one of the terms is for less	20686
than two years. A member who has served two consecutive four-year	20687
terms or three consecutive terms totaling less than ten years is	20688
eligible for reappointment by the same appointing authority one	20689
year following the end of the second or third term, respectively.	20690

When a vacancy occurs, appointment for the expired or	20691
unexpired term shall be made in the same manner as an original	20692
appointment. The appointing authority shall be notified by	20693
certified mail of any vacancy and shall fill the vacancy within	20694
sixty days following that notice.	20695

Any member of the board may be removed from office by the	20696
appointing authority for neglect of duty, misconduct, or	20697
malfeasance in office, and shall be removed by the appointing	20698
authority if the member is barred by this section from serving as	20699
a board member. The member shall be informed in writing of the	20700
charges and afforded an opportunity for a hearing. Upon the	20701
absence of a member within one year from either four board	20702
meetings or from two board meetings without prior notice, the	20703
board shall notify the appointing authority, which may vacate the	20704
appointment and appoint another person to complete the member's	20705
term.	20706

Members of the board shall serve without compensation, but	20707
shall be reimbursed for actual and necessary expenses incurred in	20708
the performance of their official duties, as defined by rules of	20709
the ~~departments~~department of ~~mental health and alcohol and drug~~	20710
~~addiction services~~mental health and addiction services.	20711

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	20712
health service district ~~comprised of a county with a population of~~	20713
~~two hundred fifty thousand or more on October 10, 1989, the board~~	20714
~~of county commissioners shall, within thirty days of October 10,~~	20715
~~1989, establish an alcohol and drug addiction services board as~~	20716
~~the entity responsible for providing alcohol and drug addiction~~	20717
~~services in the county, unless, prior to that date, the board~~	20718
~~adopts a resolution providing that the entity responsible for~~	20719
~~providing the services is a board of alcohol, drug addiction, and~~	20720
~~mental health services. If~~where the board of county commissioners	20721
~~establishes~~has established an alcohol and drug addiction services	20722
board, the community mental health board established under former	20723
section 340.02 of the Revised Code shall serve as the entity	20724
responsible for providing mental health services in the county. A	20725
community mental health board has all the powers, duties, and	20726
obligations of a board of alcohol, drug addiction, and mental	20727
health services with regard to mental health services. An alcohol	20728
and drug addiction services board has all the powers, duties, and	20729
obligations of a board of alcohol, drug addiction, and mental	20730
health services with regard to ~~alcohol and drug~~ addiction	20731
services. Any provision of the Revised Code that refers to a board	20732
of alcohol, drug addiction, and mental health services with regard	20733
to mental health services also refers to a community mental health	20734
board and any provision that refers to a board of alcohol, drug	20735
addiction, and mental health services with regard to alcohol and	20736
drug addiction services also refers to an alcohol and drug	20737
addiction services board.	20738

An alcohol and drug addiction services board shall consist of	20739
eighteen members or fourteen members, ~~six of whom~~at the election	20740
of the board. Not later than January 1, 2014, each alcohol and	20741
drug addiction services board shall notify the department of	20742
mental health and addiction services of its election to operate as	20743
an eighteen-member board or to operate as a fourteen-member board.	20744
The election shall be final. Failure to provide notice of its	20745
election to the department on or before January 1, 2014, shall	20746
constitute an election to continue to operate as an	20747
eighteen-member board. If an existing board provides timely notice	20748
of its election to operate as a fourteen-member board, the number	20749
of board members may decline from eighteen to fourteen by	20750
attrition as current members' terms expire. However, the	20751
composition of the board must reflect the requirements set forth	20752
in this section and in applicable provisions of section 340.02 of	20753
the Revised Code for fourteen-member boards. For boards operating	20754
as eighteen-member boards, eight members shall be appointed by the	20755
director of ~~alcohol and drug addiction services~~mental health and	20756
addiction services and ~~twelve of whom~~ten members shall be	20757
appointed by the board of county commissioners. ~~Of the members~~	20758
~~appointed by the~~The director~~, one shall be~~of mental health and	20759
addiction services shall ensure that at least one member of the	20760
board is a person who has received or is receiving services for	20761
alcohol or, drug, or gambling addiction, at least one ~~shall be~~	20762
member is a parent or relative of such a person, and at least one	20763
~~shall be~~member is a ~~professional in the field of alcohol or drug~~	20764
clinician with experience in the delivery of addiction services,	20765
~~and one shall be an advocate for persons receiving treatment for~~	20766
~~alcohol or drug addiction~~. The membership of the board shall, as	20767
nearly as possible, reflect the composition of the population of	20768
the service district as to race and sex. Members shall be	20769
residents of the service district and shall be interested in	20770
alcohol ~~and~~, drug, or gambling addiction services. Requirements	20771
for membership, including prohibitions against certain family and	20772
business relationships, and terms of office shall be the same as	20773
those for members of boards of alcohol, drug addiction, and mental	20774
health services.	20775

A community mental health board shall consist of eighteen	20776
members or fourteen members, at the election of the board. Not	20777
later than January 1, 2014, each community mental health board	20778
shall notify the department of mental health and addiction	20779
services of its election to operate as an eighteen-member board or	20780
to operate as a fourteen-member board. The election shall be	20781
final. Failure to provide notice of its election to the department	20782
on or before January 1, 2014, shall constitute an election to	20783
continue to operate as an eighteen-member board. If an existing	20784
board provides timely notice of its election to operate as a	20785
fourteen-member board, the number of board members may decline	20786
from eighteen to fourteen by attrition as current members' terms	20787
expire. However, the composition of the board must reflect the	20788
requirements set forth in this section and in applicable	20789
provisions of section 340.02 of the Revised Code for	20790
fourteen-member boards. For boards operating as eighteen-member	20791
boards, ~~six of whom~~eight members shall be appointed by the	20792
director of ~~mental health~~mental health and addiction services and	20793
~~twelve of whom~~ten members shall be appointed by the board of	20794
county commissioners. ~~Of the members appointed by the~~The	20795
director~~, one shall be~~of mental health and addiction services	20796
shall ensure that at least one member of the board is a person who	20797
has received or is receiving mental health services, at least one	20798
~~shall be~~member is a parent or relative of such a person, and at	20799
least one ~~shall be~~member is a ~~psychiatrist or a physician, and~~	20800
~~one shall be a~~clinician with experience in the delivery of	20801
mental health ~~professional~~services. The membership of the board	20802
as nearly as possible shall reflect the composition of the	20803
population of the service district as to race and sex. Members	20804
shall be residents of the service district and shall be interested	20805
in mental health services. Requirements for membership, including	20806
prohibitions against certain family and business relationships,	20807
and terms of office shall be the same as those for members of	20808
boards of alcohol, drug addiction, and mental health services.	20809

(B) ~~If a board of county commissioners subject to division~~	20810
~~(A) of this section did not adopt a resolution providing for a~~	20811
~~board of alcohol, drug addiction, and mental health services, the~~	20812
~~board of county commissioners may establish such a board in~~	20813
~~accordance with the following procedures:~~	20814

~~(1) Not later than January 1, 2007, the board of county~~	20815
~~commissioners shall adopt a resolution expressing its intent to~~	20816
~~establish a board of alcohol, drug addiction, and mental health~~	20817
~~services.~~	20818

~~(2) After adopting a resolution under division (B)(1) of this~~	20819
~~section, the board of county commissioners shall instruct the~~	20820
~~county's community mental health board and alcohol and drug~~	20821
~~addiction services board to prepare a report on the feasibility,~~	20822
~~process, and proposed plan to establish a board of alcohol, drug~~	20823
~~addiction, and mental health services. The board of county~~	20824
~~commissioners shall specify the date by which the report must be~~	20825
~~submitted to the board for its review.~~	20826

~~(3) After reviewing the report prepared under division (B)(2)~~	20827
~~of this section, the board may adopt a final resolution~~	20828
~~establishing a board of alcohol, drug addiction, and mental health~~	20829
~~services. A final resolution establishing such a board shall be~~	20830
~~adopted not later than July 1, 2007.~~	20831

~~(C)~~(1) If a board of county commissioners subject to division	20832
(A) of this section did not adopt a final resolution providing for	20833
a board of alcohol, drug addiction, and mental health services ~~and~~	20834
~~did not establish such a board under division (B) of this section~~	20835
on or before July 1, 2007, the board of county commissioners may	20836
establish a board of alcohol, drug addiction, and mental health	20837
services on or after the effective date of this amendment. To	20838
establish the board, the board of county commissioners shall adopt	20839
a resolution providing for the board's establishment. The	20840
composition of the board, the procedures for appointing members,	20841
and all other matters related to the board and its members are	20842
subject to section 340.02 of the Revised Code, with the following	20843
exceptions:	20844

(a) For initial appointments to the board, the county's	20845
community mental health board and alcohol and drug addiction	20846
services board shall jointly recommend members of those boards for	20847
reappointment and shall submit the recommendations to the board of	20848
county commissioners~~, director of mental health,~~ and the director	20849
of ~~alcohol and drug addiction services~~mental health and addiction	20850
services.	20851

(b) To the greatest extent possible, the appointing	20852
authorities shall appoint the initial members from among the	20853
members jointly recommended under division ~~(C)~~(B)(1)(a) of this	20854
section.	20855

(2) If a board of alcohol, drug addiction, and mental health	20856
services is established pursuant to division ~~(C)~~(B)(1) of this	20857
section, the board has the same rights, privileges, immunities,	20858
powers, and duties that were possessed by the county's community	20859
mental health board and alcohol and drug addiction services board.	20860
When the board is established, all property and obligations of the	20861
community mental health board and alcohol and drug addiction	20862
services board shall be transferred to the board of alcohol, drug	20863
addiction, and mental health services.	20864

Sec. 340.03. (A) Subject to rules issued by the director of	20865
~~mental health~~mental health and addiction services after	20866
consultation with relevant constituencies as required by division	20867
~~(L)~~(A)(10) of section ~~5119.06~~5119.21 of the Revised Code, ~~with~~	20868
~~regard to mental health services,~~ the board of alcohol, drug	20869
addiction, and mental health services shall:	20870

(1) Serve as the community addiction and mental health	20871
services planning agency for the county or counties under its	20872
jurisdiction, and in so doing it shall:	20873

(a) Evaluate the need for facilities and community addiction	20874
and mental health services;	20875

(b) In cooperation with other local and regional planning and	20876
funding bodies and with relevant ethnic organizations, assess the	20877
community addiction and mental health needs, evaluate strengths	20878
and challenges, and set priorities~~, and develop plans~~ for ~~the~~	20879
~~operation of facilities and~~ community addiction and mental health	20880
services, including treatment and prevention. When the board sets	20881
priorities for the operation of addiction services, the board	20882
shall consult with the county commissioners of the counties in the	20883
board's service district regarding the services described in	20884
section 340.15 of the Revised Code and shall give priority to	20885
those services, except that those services shall not have a	20886
priority over services provided to pregnant women under programs	20887
developed in relation to the mandate established in section	20888
5119.17 of the Revised Code;	20889

(c) In accordance with guidelines issued by the director of	20890
~~mental health~~mental health and addiction services after	20891
consultation with board representatives, annually develop and	20892
submit to the department of ~~mental health~~mental health and	20893
addiction services a community addiction and mental health	20894
services plan listing community addiction and mental health	20895
services needs, including the needs of all residents of the	20896
district ~~now residing in state mental institutions and severely~~	20897
~~mentally disabled adults, children, and adolescents;~~currently	20898
receiving inpatient services in state-operated hospitals, the	20899
needs of other populations as required by state or federal law or	20900
programs, the needs of all children subject to a determination	20901
made pursuant to section 121.38 of the Revised Code;, and ~~all the~~	20902
priorities for facilities and community addiction and mental	20903
health services ~~that are or will be in operation or provided~~	20904
during the period for which the plan will be in ~~operation in the~~	20905
~~service district to meet such needs~~effect.	20906

In alcohol, drug addiction, and mental health service	20907
districts that have separate alcohol and drug addiction services	20908
and community mental health boards, the alcohol and drug addiction	20909
services board shall submit a community addiction services plan	20910
and the community mental health board shall submit a community	20911
mental health services plan. Each board shall consult with its	20912
counterpart in developing its plan and address the interaction	20913
between the local addiction services and mental health services	20914
systems and populations with regard to needs and priorities in	20915
developing its plan.	20916

~~The plan shall include, but not be limited to, a statement of~~	20917
~~which of the services listed in section 340.09 of the Revised Code~~	20918
~~the board intends to make available. The board must include crisis~~	20919
~~intervention services for individuals in an emergency situation in~~	20920
~~the plan and explain how the board intends to make such services~~	20921
~~available. The plan must also include a statement of the inpatient~~	20922
~~and community-based services the board proposes that the~~	20923
~~department operate, an assessment of the number and types of~~	20924
~~residential facilities needed, such other information as the~~	20925
~~department requests, and a budget for moneys the board expects to~~	20926
~~receive.~~ The department shall approve or disapprove the plan, in	20927
whole or in part, according to the criteria developed pursuant to	20928
section ~~5119.61~~5119.22 of the Revised Code. ~~The department's~~	20929
~~statement of approval or disapproval shall specify the inpatient~~	20930
~~and the community-based services that the department will operate~~	20931
~~for the board.~~ Eligibility for state and federal funding shall be	20932
contingent upon an approved plan or relevant part of a plan.	20933

If a board determines that it is necessary to amend a plan or	20934
~~an allocation request~~ that has been approved under this division	20935
~~(A)(1)(c) of this section~~, the board shall submit a proposed	20936
amendment to the director. The director may approve or disapprove	20937
all or part of the amendment. The director shall inform the board	20938
of the reasons for disapproval of all or part of an amendment and	20939
of the criteria that must be met before the amendment may be	20940
approved. The director shall provide the board an opportunity to	20941
present its case on behalf of the amendment. The director shall	20942
give the board a reasonable time in which to meet the criteria,	20943
and shall offer the board technical assistance to help it meet the	20944
criteria.	20945

The board shall ~~implement~~operate in accordance with the plan	20946
approved by the department.	20947

(d) Promote, arrange, and implement working agreements with	20948
social agencies, both public and private, and with judicial	20949
agencies.	20950

(2) Investigate, or request another agency to investigate,	20951
any complaint alleging abuse or neglect of any person receiving	20952
services from a community addiction or mental health ~~agency as~~	20953
~~defined in section 5122.01 of the Revised Code~~services provider	20954
certified under section 5119.36 of the Revised Code or alleging	20955
abuse or neglect of a ~~person~~resident receiving addiction services	20956
or with mental illness or severe mental disability residing in a	20957
residential facility licensed under section ~~5119.22~~5119.34 of the	20958
Revised Code. If the investigation substantiates the charge of	20959
abuse or neglect, the board shall take whatever action it	20960
determines is necessary to correct the situation, including	20961
notification of the appropriate authorities. Upon request, the	20962
board shall provide information about such investigations to the	20963
department.	20964

(3) For the purpose of section ~~5119.611~~5119.36 of the	20965
Revised Code, cooperate with the director of ~~mental health~~mental	20966
health and addiction services in visiting and evaluating whether	20967
the services of a community addiction or mental health ~~agency~~	20968
services provider satisfy the certification standards established	20969
by rules adopted under that section;	20970

(4) In accordance with criteria established under division	20971
(E) of section ~~5119.61~~5119.22 of the Revised Code, conduct	20972
program audits that review and evaluate the quality,	20973
effectiveness, and efficiency of services provided through its	20974
community addiction and mental health ~~plan~~contracted services and	20975
submit its findings and recommendations to the department of	20976
~~mental health~~mental health and addiction services;	20977

(5) In accordance with section ~~5119.22~~5119.34 of the Revised	20978
Code, review an application for a residential facility license and	20979
provide to the department of ~~mental health~~mental health and	20980
addiction services any information about the applicant or facility	20981
that the board would like the department to consider in reviewing	20982
the application;	20983

(6) Audit, in accordance with rules adopted by the auditor of	20984
state pursuant to section 117.20 of the Revised Code, at least	20985
annually all ~~programs and~~ services provided under contract with	20986
the board. In so doing, the board may contract for or employ the	20987
services of private auditors. A copy of the fiscal audit report	20988
shall be provided to the director of ~~mental health~~mental health	20989
and addiction services, the auditor of state, and the county	20990
auditor of each county in the board's district.	20991

(7) Recruit and promote local financial support for addiction	20992
and mental health ~~programs~~services from private and public	20993
sources;	20994

(8)(a) Enter into contracts with public and private	20995
facilities for the operation of facility services ~~included in the~~	20996
~~board's community mental health plan~~ and enter into contracts with	20997
public and private community addiction and mental health ~~agencies~~	20998
service providers for the provision of community addiction and	20999
mental health services ~~that are listed in section 340.09 of the~~	21000
~~Revised Code and included in the board's community mental health~~	21001
~~plan~~. The board may not contract with a residential facility	21002
subject to section 5119.34 of the Revised Code unless the facility	21003
is licensed by the director of mental health and addiction	21004
services and may not contract with a community addiction or mental	21005
health ~~agency~~services provider to provide community addiction or	21006
mental health services ~~included in the board's community mental~~	21007
~~health plan~~ unless the services are certified by the director of	21008
~~mental health~~mental health and addiction services under section	21009
~~5119.611~~5119.36 of the Revised Code. Section 307.86 of the	21010
Revised Code does not apply to contracts entered into under this	21011
division. In contracting with a community addiction or mental	21012
health ~~agency~~services provider, a board shall consider the cost	21013
effectiveness of services provided by that ~~agency~~provider and	21014
the quality and continuity of care, and may review cost elements,	21015
including salary costs, of the services to be provided. A	21016
utilization review process ~~shall~~may be established as part of the	21017
contract for services entered into between a board and a community	21018
addiction or mental health ~~agency~~services provider. The board	21019
may establish this process in a way that is most effective and	21020
efficient in meeting local needs. ~~Until July 1, 2012, a contract~~	21021
~~with a community mental health agency or facility, as defined in~~	21022
~~section 5111.023 of the Revised Code, to provide services listed~~	21023
~~in division (B) of that section shall provide for the agency or~~	21024
~~facility to be paid in accordance with the contract entered into~~	21025
~~between the departments of job and family services and mental~~	21026
~~health under section 5111.91 of the Revised Code and any rules~~	21027
~~adopted under division (A) of section 5119.61 of the Revised Code.~~	21028

If either the board or a facility or community addiction or	21029
mental health ~~agency~~services provider with which the board	21030
contracts under this division ~~(A)(8)(a) of this section~~ proposes	21031
not to renew the contract or proposes substantial changes in	21032
contract terms, the other party shall be given written notice at	21033
least one hundred twenty days before the expiration date of the	21034
contract. During the first sixty days of this one hundred	21035
twenty-day period, both parties shall attempt to resolve any	21036
dispute through good faith collaboration and negotiation in order	21037
to continue to provide services to persons in need. If the dispute	21038
has not been resolved sixty days before the expiration date of the	21039
contract, either party may notify the department of ~~mental health~~	21040
mental health and addiction services of the unresolved dispute.	21041
The director may require both parties to submit the dispute to a	21042
third party with the cost to be shared by the board and the	21043
facility or ~~community mental health agency~~provider. The third	21044
party shall issue to the board, the facility or ~~agency~~provider,	21045
and the department recommendations on how the dispute may be	21046
resolved twenty days prior to the expiration date of the contract,	21047
unless both parties agree to a time extension. The director shall	21048
adopt rules establishing the procedures of this dispute resolution	21049
process.	21050

(b) With the prior approval of the director of ~~mental health~~	21051
mental health and addiction services, a board may operate a	21052
facility or provide a community addiction or mental health service	21053
as follows, if there is no other qualified private or public	21054
facility or community addiction or mental health ~~agency~~services	21055
provider that is immediately available and willing to operate such	21056
a facility or provide the service:	21057

(i) In an emergency situation, any board may operate a	21058
facility or provide a community addiction or mental health service	21059
in order to provide essential services for the duration of the	21060
emergency;	21061

(ii) In a service district with a population of at least one	21062
hundred thousand but less than five hundred thousand, a board may	21063
operate a facility or provide a community addiction or mental	21064
health service for no longer than one year;	21065

(iii) In a service district with a population of less than	21066
one hundred thousand, a board may operate a facility or provide a	21067
community addiction or mental health service for no longer than	21068
one year, except that such a board may operate a facility or	21069
provide a community addiction or mental health service for more	21070
than one year with the prior approval of the director and the	21071
prior approval of the board of county commissioners, or of a	21072
majority of the boards of county commissioners if the district is	21073
a joint-county district.	21074

The director shall not give a board approval to operate a	21075
facility or provide a community addiction or mental health service	21076
under division (A)(8)(b)(ii) or (iii) of this section unless the	21077
director determines that it is not feasible to have the department	21078
operate the facility or provide the service.	21079

The director shall not give a board approval to operate a	21080
facility or provide a community addiction or mental health service	21081
under division (A)(8)(b)(iii) of this section unless the director	21082
determines that the board will provide greater administrative	21083
efficiency and more or better services than would be available if	21084
the board contracted with a private or public facility or	21085
community addiction or mental health ~~agency~~services provider.	21086

The director shall not give a board approval to operate a	21087
facility previously operated by a person or other government	21088
entity unless the board has established to the director's	21089
satisfaction that the person or other government entity cannot	21090
effectively operate the facility or that the person or other	21091
government entity has requested the board to take over operation	21092
of the facility. The director shall not give a board approval to	21093
provide a community addiction or mental health service previously	21094
provided by a community addiction or mental health ~~agency~~services	21095
provider unless the board has established to the director's	21096
satisfaction that the ~~agency~~provider cannot effectively provide	21097
the service or that the ~~agency~~provider has requested the board	21098
take over providing the service.	21099

The director shall review and evaluate a board's operation of	21100
a facility and provision of community addiction or mental health	21101
service under division (A)(8)(b) of this section.	21102

Nothing in division (A)(8)(b) of this section authorizes a	21103
board to administer or direct the daily operation of any facility	21104
or community addiction or mental health ~~agency~~services provider,	21105
but a facility or ~~agency~~provider may contract with a board to	21106
receive administrative services or staff direction from the board	21107
under the direction of the governing body of the facility or	21108
~~agency~~provider.	21109

(9) Approve fee schedules and related charges or adopt a unit	21110
cost schedule or other methods of payment for contract services	21111
provided by community addiction or mental health ~~agencies~~services	21112
providers in accordance with guidelines issued by the department	21113
as necessary to comply with state and federal laws pertaining to	21114
financial assistance;	21115

(10) Submit to the director and the county commissioners of	21116
the county or counties served by the board, and make available to	21117
the public, an annual report of the ~~programs~~services under the	21118
jurisdiction of the board, including a fiscal accounting;	21119

(11) Establish, to the extent resources are available, a	21120
~~community support system~~continuum of care, which provides for	21121
prevention, treatment, support, and rehabilitation services and	21122
opportunities. The essential elements of the ~~system~~continuum	21123
include, but are not limited to, the following components in	21124
accordance with section ~~5119.06~~5119.21 of the Revised Code:	21125

(a) To locate persons in need of addiction or mental health	21126
services to inform them of available services and benefits	21127
~~mechanisms~~;	21128

(b) Assistance for ~~clients~~persons receiving services to	21129
obtain services necessary to meet basic human needs for food,	21130
clothing, shelter, medical care, personal safety, and income;	21131

(c) ~~Mental~~Addiction and mental health ~~care~~services,	21132
including, but not limited to, outpatient, residential, partial	21133
hospitalization, and, where appropriate, inpatient care;	21134

(d) Emergency services and crisis intervention;

21135

(e) Assistance for ~~clients~~persons receiving services to	21136
obtain vocational services and opportunities for jobs;	21137

(f) The provision of services designed to develop social,	21138
community, and personal living skills;	21139

(g) Access to a wide range of housing and the provision of	21140
residential treatment and support;	21141

(h) Support, assistance, consultation, and education for	21142
families, friends, ~~consumers of~~persons receiving addiction or	21143
mental health services, and others;	21144

(i) Recognition and encouragement of families, friends,	21145
neighborhood networks, especially networks that include racial and	21146
ethnic minorities, churches, community organizations, and	21147
~~meaningful~~community employment as natural supports for ~~consumers~~	21148
ofpersons receiving addiction or mental health services;	21149

(j) Grievance procedures and protection of the rights of	21150
~~consumers of~~persons receiving addiction or mental health	21151
services;	21152

(k) ~~Case management~~Community psychiatric supportive	21153
treatment services, which includes continual individualized	21154
assistance and advocacy to ensure that needed services are offered	21155
and procured.	21156

(12) Establish a method for evaluating referrals for	21157
involuntary commitment and affidavits filed pursuant to section	21158
5122.11 of the Revised Code in order to assist the probate	21159
division of the court of common pleas in determining whether there	21160
is probable cause that a respondent is subject to involuntary	21161
hospitalization and what alternative treatment is available and	21162
appropriate, if any;	21163

(13) Designate the treatment ~~program~~services, ~~agency~~	21164
provider, or facility, or other placement for each person	21165
involuntarily committed to the board pursuant to Chapter 5122. of	21166
the Revised Code ~~and authorize payment for such treatment~~. The	21167
board shall provide the least restrictive and most appropriate	21168
alternative that is available for any person involuntarily	21169
committed to it and shall assure that the listed services ~~listed~~	21170
insubmitted and approved in accordance with division (B) of	21171
section ~~340.09~~340.08 of the Revised Code are available to	21172
severely mentally disabled persons residing within its service	21173
district. The board shall establish the procedure for authorizing	21174
payment for services, which may include prior authorization in	21175
appropriate circumstances. The board may provide for services	21176
directly to a severely mentally disabled person when life or	21177
safety is endangered and when no community mental health ~~agency~~	21178
services provider is available to provide the service.	21179

~~(13) Establish a method for evaluating referrals for~~	21180
~~involuntary commitment and affidavits filed pursuant to section~~	21181
~~5122.11 of the Revised Code in order to assist the probate~~	21182
~~division of the court of common pleas in determining whether there~~	21183
~~is probable cause that a respondent is subject to involuntary~~	21184
~~hospitalization and what alternative treatment is available and~~	21185
~~appropriate, if any;~~	21186

(14) Ensure that apartments or rooms built, subsidized,	21187
renovated, rented, owned, or leased by the board or a community	21188
addiction or mental health ~~agency~~services provider have been	21189
approved as meeting minimum fire safety standards and that persons	21190
residing in the rooms or apartments are receiving appropriate and	21191
necessary services, including culturally relevant services, from a	21192
community addiction or mental health ~~agency~~services provider.	21193
This division does not apply to residential facilities licensed	21194
pursuant to section ~~5119.22~~5119.34 of the Revised Code.	21195

(15) Establish a mechanism for obtaining advice and	21196
involvement of ~~consumer recommendation and advice~~persons	21197
receiving publicly funded addiction or mental health services on	21198
matters pertaining to addiction and mental health services in the	21199
alcohol, drug addiction, and mental health service district;	21200

(16) Perform the duties required by rules adopted under	21201
section ~~5119.61~~5119.22 of the Revised Code regarding referrals by	21202
the board or mental health ~~agencies~~services providers under	21203
contract with the board of individuals with mental illness or	21204
severe mental disability to residential facilities as defined in	21205
division (A)(9)(b)(iii) of section ~~5119.22~~5119.34 of the Revised	21206
Code and effective arrangements for ongoing mental health services	21207
for the individuals. The board is accountable in the manner	21208
specified in the rules for ensuring that the ongoing mental health	21209
services are effectively arranged for the individuals.	21210

(B) The board shall establish such rules, operating	21211
procedures, standards, and bylaws, and perform such other duties	21212
as may be necessary or proper to carry out the purposes of this	21213
chapter.	21214

(C) A board of alcohol, drug addiction, and mental health	21215
services may receive by gift, grant, devise, or bequest any	21216
moneys, lands, or property for the benefit of the purposes for	21217
which the board is established, and may hold and apply it	21218
according to the terms of the gift, grant, or bequest. All money	21219
received, including accrued interest, by gift, grant, or bequest	21220
shall be deposited in the treasury of the county, the treasurer of	21221
which is custodian of the alcohol, drug addiction, and mental	21222
health services funds to the credit of the board and shall be	21223
available for use by the board for purposes stated by the donor or	21224
grantor.	21225

(D) No board member or employee of a board of alcohol, drug	21226
addiction, and mental health services shall be liable for injury	21227
or damages caused by any action or inaction taken within the scope	21228
of the board member's official duties or the employee's	21229
employment, whether or not such action or inaction is expressly	21230
authorized by this section~~, section 340.033,~~ or any other section	21231
of the Revised Code, unless such action or inaction constitutes	21232
willful or wanton misconduct. Chapter 2744. of the Revised Code	21233
applies to any action or inaction by a board member or employee of	21234
a board taken within the scope of the board member's official	21235
duties or employee's employment. For the purposes of this	21236
division, the conduct of a board member or employee shall not be	21237
considered willful or wanton misconduct if the board member or	21238
employee acted in good faith and in a manner that the board member	21239
or employee reasonably believed was in or was not opposed to the	21240
best interests of the board and, with respect to any criminal	21241
action or proceeding, had no reasonable cause to believe the	21242
conduct was unlawful.	21243

(E) The meetings held by any committee established by a board	21244
of alcohol, drug addiction, and mental health services shall be	21245
considered to be meetings of a public body subject to section	21246
121.22 of the Revised Code.	21247

Sec. 340.031. A board of alcohol, drug addiction, and mental	21248
health services may:	21249

(A) Inspect any residential facility licensed under section	21250
~~5119.22~~5119.34 of the Revised Code and located in its district,	21251
~~pursuant to a contract with the department of mental health~~;	21252

(B) Acquire, convey, lease, or enter into a contract to	21253
purchase, lease, or sell property for community addiction and	21254
mental health ~~and alcohol and drug addiction~~ services and related	21255
purposes, and enter into loan agreements, including mortgages, for	21256
the acquisition of such property.	21257

Sec. 340.032. The board of alcohol, drug addiction, and	21258
mental health services shall employ a qualified mental health or	21259
~~alcohol or drug~~ addiction services professional with experience in	21260
administration or a professional administrator with experience in	21261
mental health or ~~alcohol or drug~~ addiction services to serve as	21262
executive director of the board and shall prescribe the director's	21263
duties.	21264

The board shall fix the compensation of the executive	21265
director. In addition to such compensation, the director shall be	21266
reimbursed for actual and necessary expenses incurred in the	21267
performance of ~~his~~the director's official duties. The board, by	21268
majority vote of the full membership, may remove the director for	21269
cause, upon written charges, after an opportunity has been	21270
afforded ~~him~~the director for a hearing before the board on	21271
request.	21272

The board may delegate to its executive director the	21273
authority to act in its behalf in the performance of its	21274
administrative duties.	21275

As used in this section, "mental health professional" and	21276
"addiction services professional" mean an individual who is	21277
qualified to work with mentally ill persons or persons receiving	21278
addiction services, pursuant to standards established by the	21279
director of mental health and addiction services under Chapter	21280
5119. of the Revised Code.	21281

Sec. 340.04. In addition to such other duties as may be	21282
lawfully imposed, the executive director of a board of alcohol,	21283
drug addiction, and mental health services shall:	21284

(A) Serve as executive officer of the board and subject to	21285
the prior approval of the board for each contract, execute	21286
contracts on its behalf;	21287

(B) Supervise services and facilities provided, operated,	21288
contracted, or supported by the board to the extent of determining	21289
that ~~programs~~services and facilities are being administered in	21290
conformity with this chapter and rules of the director of ~~mental~~	21291
~~health and the department of~~ ~~alcohol and drug addiction services~~	21292
mental health and addiction services;	21293

(C) Provide consultation to ~~agencies, associations, or~~	21294
~~individuals~~addiction and mental health services providers	21295
providing services supported by the board;	21296

(D) Recommend to the board the changes necessary to increase	21297
the effectiveness of addiction and mental health services ~~and~~	21298
~~alcohol and drug addiction services~~ and other matters necessary or	21299
desirable to carry out this chapter;	21300

(E) Employ and remove from office such employees and	21301
consultants in the classified civil service and, subject to the	21302
approval of the board, employ and remove from office such other	21303
employees and consultants as may be necessary for the work of the	21304
board, and fix their compensation and reimbursement within the	21305
limits set by the salary schedule and the budget approved by the	21306
board;	21307

(F) Encourage the development and expansion of preventive,	21308
treatment, rehabilitative, and consultative ~~programs~~services in	21309
the field of addiction and mental health services with emphasis on	21310
continuity of care;	21311

(G) Prepare for board approval an annual report of the	21312
~~programs~~services and facilities under the jurisdiction of the	21313
board, including a fiscal accounting of all services;	21314

(H) Conduct such studies as may be necessary and practicable	21315
for the promotion of mental health, promotion of addiction	21316
services, and the prevention of mental illness, emotional	21317
disorders, and addiction ~~to alcohol and drugs~~;	21318

(I) Authorize the county auditor, or in a joint-county	21319
district the county auditor designated as the auditor for the	21320
district, to issue warrants for the payment of board obligations	21321
approved by the board, provided that all payments are in	21322
accordance with the ~~comprehensive community mental health plan~~	21323
budget submitted pursuant to section 340.08 of the Revised Code,	21324
as approved by the department of ~~mental health, or with the~~	21325
~~alcohol and drug addiction services plan as approved by the~~	21326
~~department of alcohol and drug addiction services~~mental health	21327
and addiction services.	21328

Sec. 340.05. A community addiction or mental health ~~agency~~	21329
services provider that receives a complaint alleging abuse or	21330
neglect of an individual with mental illness or severe mental	21331
disability, or an individual receiving addiction services, who	21332
resides in a residential facility as defined in division (A)(9)(b)	21333
of section ~~5119.22~~5119.34 of the Revised Code shall report the	21334
complaint to the board of alcohol, drug addiction, and mental	21335
health services serving the alcohol, drug addiction, and mental	21336
health service district in which the residential facility is	21337
located. A board of alcohol, drug addiction, and mental health	21338
services that receives such a complaint or a report from a	21339
community addiction or mental health ~~agency~~services provider of	21340
such a complaint shall report the complaint to the director of	21341
~~mental health~~mental health and addiction services for the	21342
purpose of the director conducting an investigation under section	21343
~~5119.22~~5119.34 of the Revised Code. The board may enter the	21344
facility with or without the director and, if the health and	21345
safety of a resident is in immediate danger, take any necessary	21346
action to protect the resident. The board's action shall not	21347
violate any resident's rights specified in rules adopted by the	21348
department of ~~mental health~~mental health and addiction services	21349
under section ~~5119.22~~5119.34 of the Revised Code. The board shall	21350
immediately report to the director regarding the board's actions	21351
under this section.	21352

Sec. 340.07. The board of county commissioners of any county	21353
participating in an alcohol, drug addiction, and mental health	21354
service district or joint-county district, upon receipt from the	21355
board of alcohol, drug addition, and mental health services of a	21356
resolution so requesting, may appropriate money to such board for	21357
the operation, lease, acquisition, construction, renovation, and	21358
maintenance of addiction or mental health services~~, programs,~~	21359
providers and facilities ~~for mentally ill and emotionally~~	21360
~~disturbed persons~~ in accordance with the comprehensive community	21361
addiction and mental health ~~plan or for alcohol and drug addiction~~	21362
~~programs in accordance with the alcohol and drug addiction~~	21363
~~services plan~~services budget approved by the department of mental	21364
health and addiction services pursuant to section 340.08 of the	21365
Revised Code.	21366

Sec. 340.08. In accordance with rules or guidelines issued	21367
by the director of mental health and addiction services, each	21368
board of alcohol, drug addiction, and mental health services shall	21369
do all of the following:	21370

(A) Submit to the department a report of receipts and	21371
expenditures for all federal, state, and local moneys the board	21372
expects to receive;	21373

(1) The report shall identify funds the board and public	21374
children services agencies in the board's service district have	21375
available to fund jointly the services described in section 340.15	21376
of the Revised Code.	21377

(2) The board's proposed budget for expenditures of state and	21378
federal funds distributed to the board by the department shall be	21379
deemed an application for funds, and the department shall approve	21380
or disapprove the budget for these expenditures. The department	21381
shall inform the board of the reasons for disapproval of the	21382
budget for the expenditure of state and federal funds and of the	21383
criteria that must be met before the budget may be approved. The	21384
director shall provide the board an opportunity to present its	21385
case on behalf of the submitted budget. The director shall give	21386
the board a reasonable time in which to meet the criteria and	21387
shall offer the board technical assistance to help it meet the	21388
criteria.	21389

If a board determines that it is necessary to amend a budget	21390
that has been approved under this section, the board shall submit	21391
a proposed amendment to the director. The director may approve or	21392
disapprove all or part of the amendment. The director shall inform	21393
the board of the reasons for disapproval of all or part of the	21394
amendment and of the criteria that must be met before the	21395
amendment may be approved. The director shall provide the board an	21396
opportunity to present its case on behalf of the amendment. The	21397
director shall give the board a reasonable time in which to meet	21398
the criteria and shall offer the board technical assistance to	21399
help it meet the criteria.	21400

(3) The director of mental health and addiction services, in	21401
whole or in part, may withhold funds otherwise to be allocated to	21402
a board of alcohol, drug addiction, and mental health services	21403
under Chapter 5119. of the Revised Code if the board's use of	21404
state and federal funds fails to comply with the approved budget,	21405
as it may be amended with the approval of the department.	21406

(B) Submit to the department a statement identifying the	21407
services described in section 340.09 of the Revised Code the board	21408
intends to make available. The board shall include crisis	21409
intervention services for individuals in emergency situations and	21410
services required pursuant to section 340.15 of the Revised Code,	21411
and the board shall explain the manner in which the board intends	21412
to make such services available. The list of services shall be	21413
compatible with the budget submitted pursuant to division (A) of	21414
this section. The department shall approve or disapprove the	21415
proposed listing of services to be made available. The department	21416
shall inform the board of the reasons for disapproval of the	21417
listing of proposed services and of the criteria that must be met	21418
before listing of proposed services may be approved. The director	21419
shall provide the board an opportunity to present its case on	21420
behalf of the submitted listing of proposed services. The director	21421
shall give the board a reasonable time in which to meet the	21422
criteria and shall offer the board technical assistance to help it	21423
meet the criteria.	21424

(C) Enter into a continuity of care agreement with the state	21425
institution operated by the department of mental health and	21426
addiction services and designated as the institution serving the	21427
district encompassing the board's service district. The continuity	21428
of care agreement shall outline the department's and the board's	21429
responsibilities to plan for and coordinate with each other to	21430
address the needs of board residents who are patients in the	21431
institution, with an emphasis on managing appropriate hospital bed	21432
day use and discharge planning.	21433

(D) In conjunction with the department of mental health and	21434
addiction services, operate a coordinated system for tracking and	21435
monitoring persons found not guilty by reason of insanity and	21436
committed pursuant to section 2945.40 of the Revised Code who have	21437
been granted a conditional release and persons found incompetent	21438
to stand trial and committed pursuant to section 2945.39 of the	21439
Revised Code who have been granted a conditional release. The	21440
system shall do all of the following:	21441

(1) Centralize responsibility for the tracking of those	21442
persons;	21443

(2) Provide for uniformity in monitoring those persons;

21444

(3) Provide a mechanism to allow prompt rehospitalization,	21445
reinstitutionalization, or detention when a violation of the	21446
conditional release or decompensation occurs.	21447

(E) Submit to the department a report summarizing complaints	21448
and grievances received by the board concerning the rights of	21449
persons seeking or receiving services, investigations of	21450
complaints and grievances, and outcomes of the investigations.	21451

(F) Provide to the department information to be submitted to	21452
the community addiction and mental health information system or	21453
systems established by the department under Chapter 5119. of the	21454
Revised Code.	21455

(G) Annually, and upon any change in membership, submit to	21456
the department a list of all current members of the board of	21457
alcohol, drug addiction, and mental health services, including the	21458
appointing authority for each member, and the member's specific	21459
qualification for appointment pursuant to section 340.02 or	21460
340.021 of the Revised Code, if applicable.	21461

(H) Submit to the department other information as is	21462
reasonably required for purposes of the department's operations,	21463
service evaluation, reporting activities, research, system	21464
administration, and oversight.	21465

Sec. 340.09. (A) The department of ~~mental health~~mental	21466
health and addiction services shall provide assistance to any	21467
county for the operation of boards of alcohol, drug addiction, and	21468
mental health services ~~and~~, the provision of ~~the following~~	21469
services approved by the department within the continuum of care,	21470
and the provision of approved support functions from funds	21471
appropriated for that purpose by the general assembly:.	21472

~~(A) Outpatient;~~

21473

(B) Categories in the continuum of care may include all of	21474
the following:	21475

(1) Inpatient;

21476

~~(C) Partial hospitalization~~(2) Residential;

21477

~~(D) Rehabilitation~~(3) Outpatient treatment;

21478

~~(E)~~(4) Intensive and other supports;

21479

(5) Recovery support;

21480

(6) Prevention and wellness management.

21481

21482

(1) Consultation;

21483

~~(F) Mental health education and other preventive services;~~

21484

~~(G) Emergency;~~

21485

~~(H) Crisis intervention;~~

21486

~~(I)~~(2) Research;

21487

~~(J)~~(3) Administrative;

21488

~~(K)~~(4) Referral and information;

21489

~~(L) Residential;~~

21490

~~(M)~~(5) Training;

21491

~~(N) Substance abuse;~~

21492

~~(O)~~(6) Service and program evaluation;

21493

~~(P) Community support system;~~

21494

~~(Q) Case management;~~

21495

~~(R) Residential housing;~~

21496

~~(S) Other services approved by the board and the director of~~	21497
~~mental health~~.	21498

Sec. 340.091. Each board of alcohol, drug addiction, and	21499
mental health services shall contract with a community mental	21500
health ~~agency~~services provider under division (A)~~(7)~~(8)(a) of	21501
section 340.03 of the Revised Code for the ~~agency~~provider to do	21502
all of the following in accordance with rules adopted under	21503
section ~~5119.61~~5119.22 of the Revised Code for an individual	21504
referred to the ~~agency~~provider under division (D)(2) of section	21505
~~5119.69~~5119.41 of the Revised Code:	21506

(A) Assess the individual and, if the ~~agency~~provider	21507
determines that the environment in which the individual will be	21508
living while receiving residential state supplement payments is	21509
appropriate for the individual's needs, issue a recommendation to	21510
the referring residential state supplement administrative agency	21511
that the referring agency should conclude that the living	21512
environment is appropriate when it makes its determination	21513
regarding the appropriateness of the environment;	21514

(B) Provide ongoing monitoring to ensure that listed services	21515
~~provided under~~submitted and approved under division (B) of	21516
section ~~340.09~~340.08 of the Revised Code are available to the	21517
individual;	21518

(C) Provide discharge planning to ensure the individual's	21519
earliest possible transition to a less restrictive environment.	21520

Sec. 340.10. The county auditor or, in a joint-county	21521
alcohol, drug addiction, and mental health service district, the	21522
auditor of the county, the treasurer of which has been designated	21523
in the agreement between the counties of the district as custodian	21524
of the community addiction and mental health services funds ~~and~~	21525
~~alcohol and drug addiction services funds~~, is hereby designated as	21526
the auditor and fiscal officer of an alcohol, drug addiction, and	21527
mental health service district or joint-county district. State	21528
funds allocated for the support of a service district shall be	21529
paid to the county treasurer or, in a joint-county district, to	21530
the treasurer of that county designated in the agreement as	21531
custodian of the community addiction and mental health services	21532
funds and authorized to make payments from such funds on order of	21533
the county auditor and on recommendation of the board of alcohol,	21534
drug addiction, and mental health services, or the executive	21535
director of the board when authorized by the board. The auditor	21536
shall submit to the board a detailed monthly statement of all	21537
receipts, disbursements, and ending balances for the community	21538
addiction and mental health services funds.	21539

Sec. 340.11. A board of alcohol, drug addiction, and mental	21540
health services may procure a policy or policies of insurance	21541
insuring board members or employees of the board or ~~agencies~~	21542
providers with which the board contracts against liability arising	21543
from the performance of their official duties. If the liability	21544
insurance is unavailable or the amount a board has procured or is	21545
able to procure is insufficient to cover the amount of a claim,	21546
the board may indemnify a board member or employee as follows:	21547

(A) For any action or inaction in the capacity of board	21548
member or employee or at the request of the board, whether or not	21549
the action or inaction is expressly authorized by this or any	21550
other section of the Revised Code, if both of the following apply:	21551

(1) The board member or employee acted in good faith and in a	21552
manner that the board member or employee reasonably believed was	21553
in or was not opposed to the best interests of the board; ~~and~~	21554

(2) With respect to any criminal action or proceeding, the	21555
board member or employee had no reason to believe the board	21556
member's or employee's conduct was unlawful.	21557

(B) Against any expenses, including attorneys' fees, the	21558
board member or employee actually and reasonably incurs as a	21559
result of a suit or other proceeding involving the defense of any	21560
action or inaction in the capacity of board member or employee or	21561
at the request of the board, or in defense of any claim, issue, or	21562
matter raised in connection with the defense of such an action or	21563
inaction, to the extent that the board member or employee is	21564
successful on the merits or otherwise.	21565

Sec. 340.12. No board of alcohol, drug addiction, and mental	21566
health services or any ~~agency, corporation, or association~~	21567
addiction or mental health services provider under contract with	21568
such a board shall discriminate in the provision of services under	21569
its authority, in employment, or contract on the basis of race,	21570
color, religion, sex, ~~creed~~age, ancestry, national origin,	21571
disability, ~~or national origin~~sexual orientation, military	21572
status, or genetic information.	21573

Each board,and each community addiction or mental health	21574
~~agency, and each alcohol and drug addiction program~~services	21575
provider shall have a written affirmative action program. The	21576
affirmative action program shall include goals for the employment	21577
and effective utilization of, including contracts with, members of	21578
economically disadvantaged groups as defined in division (E)(1) of	21579
section 122.71 of the Revised Code in percentages reflecting as	21580
nearly as possible the composition of the alcohol, drug addiction,	21581
and mental health service district served by the board. Each	21582
board~~, agency,~~ and ~~program~~provider shall file a description of	21583
the affirmative action program and a progress report on its	21584
implementation with the department of ~~mental health or the~~	21585
~~department of alcohol and drug addiction services~~mental health	21586
and addiction services.	21587

Sec. 340.13. (A) As used in this section~~, "minority~~:

21588

(1) "Minority business enterprise" has the same meaning as in	21589
~~division (E)(1) of~~ section 122.71 of the Revised Code.	21590

(2) "EDGE business enterprise" has the same meaning as in	21591
section 123.152 of the Revised Code.	21592

(B) Any minority business enterprise that desires to bid on a	21593
contract under division (C) ~~or (D)~~ of this section shall first	21594
apply to the equal employment opportunity coordinator in the	21595
department of administrative services for certification as a	21596
minority business enterprise. Any EDGE business enterprise that	21597
desires to bid on a contract under division (D) of this section	21598
shall first apply to the equal employment opportunity coordinator	21599
of the department of administrative services for certification as	21600
an EDGE business enterprise. The coordinator shall approve the	21601
application of any minority business enterprise or EDGE business	21602
enterprise that complies with the rules adopted under section	21603
122.71 or 123.152 of the Revised Code, respectively. The	21604
coordinator shall prepare and maintain a list of minority business	21605
enterprises and EDGE business enterprises certified under ~~this~~	21606
~~section~~those sections.	21607

(C) From the contracts to be awarded for the purchases of	21608
equipment, materials, supplies, or services, other than contracts	21609
entered into under section 340.03 ~~or 340.033~~ of the Revised Code,	21610
each board of alcohol, drug addiction, and mental health services	21611
shall select a number of contracts with an aggregate value of	21612
approximately fifteen per cent of the total estimated value of	21613
contracts to be awarded in the current fiscal year. The board	21614
shall set aside the contracts so selected for bidding by minority	21615
business enterprises only. The bidding procedures for such	21616
contracts shall be the same as for all other contracts awarded	21617
under section 307.86 of the Revised Code, except that only	21618
minority business enterprises certified and listed ~~under~~pursuant	21619
to division (B) of this section shall be qualified to submit bids.	21620

(D) To the extent that a board is authorized to enter into	21621
contracts for construction, the board shall ~~set aside a number of~~	21622
~~contracts~~strive to attain a yearly contract dollar procurement	21623
goal the aggregate value of which equals approximately five per	21624
cent of the aggregate value of construction contracts for the	21625
current fiscal year for ~~bidding by minority~~EDGE business	21626
enterprises only. ~~The bidding procedures for the contracts set~~	21627
~~aside for minority business enterprises shall be the same as for~~	21628
~~all other contracts awarded by the board, except that only~~	21629
~~minority business enterprises certified and listed under division~~	21630
~~(B) of this section shall be qualified to submit bids.~~	21631

(E)(1) In the case of contracts set aside under ~~divisions~~	21632
division (C) ~~and (D)~~ of this section, if no bid is submitted by a	21633
minority business enterprise, the contract shall be awarded	21634
according to normal bidding procedures. The board shall from time	21635
to time set aside such additional contracts as are necessary to	21636
replace those contracts previously set aside on which no minority	21637
business enterprise bid.	21638

(2) If a board, after having made a good faith effort, is	21639
unable to comply with the goal of procurement for contracting with	21640
EDGE business enterprises pursuant to division (D) of this	21641
section, the board may apply in writing, on a form prescribed by	21642
the department of administrative services, to the director of	21643
mental health and addiction services for a waiver or modification	21644
of the goal.	21645

(F) This section does not preclude any minority business	21646
enterprise or EDGE business enterprise from bidding on any other	21647
contract not specifically set aside for minority business	21648
enterprises or subject to procurement goals for EDGE business	21649
enterprises.	21650

(G) Within ninety days after the beginning of each fiscal	21651
year, each board shall file a report with the department of ~~mental~~	21652
~~health~~mental health and addiction services that shows for that	21653
fiscal year the name of each minority business enterprise and EDGE	21654
business enterprise with which the board entered into a contract,	21655
the value and type of each such contract, the total value of	21656
contracts awarded under divisions (C) and (D) of this section, the	21657
total value of contracts awarded for the purchases of equipment,	21658
materials, supplies, or services, other than contracts entered	21659
into under section 340.03 of the Revised Code, and the total value	21660
of contracts entered into for construction.	21661

(H) Any person who intentionally misrepresents ~~himself~~self	21662
as owning, controlling, operating, or participating in a minority	21663
business enterprise or an EDGE business enterprise for the purpose	21664
of obtaining contracts or any other benefits under this section	21665
shall be guilty of theft by deception as provided for in section	21666
2913.02 of the Revised Code.	21667

Sec. 340.15. (A) A public children services agency that	21668
identifies a child by a risk assessment conducted pursuant to	21669
section 5153.16 of the Revised Code as being at imminent risk of	21670
being abused or neglected because of an addiction of a parent,	21671
guardian, or custodian of the child to a drug of abuse or alcohol	21672
shall refer the child's addicted parent, guardian, or custodian	21673
and, if the agency determines that the child needs alcohol or	21674
other drug addiction services, the child to ~~an alcohol and drug~~a	21675
community addiction ~~program~~services provider certified by the	21676
department of ~~alcohol and drug addiction services~~mental health	21677
and addiction services under section ~~3793.06~~5119.36 of the	21678
Revised Code. A public children services agency that is sent a	21679
court order issued pursuant to division (B) of section 2151.3514	21680
of the Revised Code shall refer the addicted parent or other	21681
caregiver of the child identified in the court order to ~~an alcohol~~	21682
~~and drug~~a community addiction ~~program~~services provider	21683
certified by the department of ~~alcohol and drug addiction services~~	21684
mental health and addiction services under section ~~3793.06~~5119.36	21685
of the Revised Code. On receipt of a referral under this division	21686
and to the extent funding identified under division (A)(1) of	21687
section ~~340.033~~340.08 of the Revised Code is available, the	21688
~~program~~provider shall provide the following services to the	21689
addicted parent, guardian, custodian, or caregiver and child in	21690
need of ~~alcohol or other drug~~addiction services:	21691

(1) If it is determined pursuant to an initial screening to	21692
be needed, assessment and appropriate treatment;	21693

(2) Documentation of progress in accordance with a treatment	21694
plan developed for the addicted parent, guardian, custodian,	21695
caregiver, or child;	21696

(3) If the referral is based on a court order issued pursuant	21697
to division (B) of section 2151.3514 of the Revised Code and the	21698
order requires the specified parent or other caregiver of the	21699
child to submit to alcohol or other drug testing during, after, or	21700
both during and after, treatment, testing in accordance with the	21701
court order.	21702

(B) The services described in division (A) of this section	21703
shall have a priority as provided in the ~~alcohol and drug~~	21704
addiction and mental health services plan and budget established	21705
pursuant to ~~section 340.033~~sections 340.03 and 340.08 of the	21706
Revised Code. Once a referral has been received pursuant to this	21707
section, the public children services agency and the ~~alcohol or~~	21708
~~drug~~ addiction ~~program~~services provider shall, in accordance with	21709
42 C.F.R. Part 2, share with each other any information concerning	21710
the persons and services described in that division that the	21711
agency and ~~program~~provider determine are necessary to share. If	21712
the referral is based on a court order issued pursuant to division	21713
(B) of section 2151.3514 of the Revised Code, the results and	21714
recommendations of the ~~alcohol and drug~~ addiction ~~program~~	21715
services provider also shall be provided and used as described in	21716
division (D) of that section. Information obtained or maintained	21717
by the agency or ~~program~~provider pursuant to this section that	21718
could enable the identification of any person described in	21719
division (A) of this section is not a public record subject to	21720
inspection or copying under section 149.43 of the Revised Code.	21721

Sec. 340.16. ~~Not later than ninety days after September 5,~~	21722
~~2001, the~~The department of ~~mental health~~mental health and	21723
addiction services and the department of ~~job and family services~~	21724
medicaid shall adopt rules that establish requirements and	21725
procedures for prior notification and service coordination between	21726
public children services agencies and boards of alcohol, drug	21727
addiction, and mental health services when a public children	21728
services agency refers a child in its custody to a board for	21729
services funded by the board. The rules shall be adopted in	21730
accordance with Chapter 119. of the Revised Code.	21731

~~The department of mental health and department of job and~~	21732
~~family services shall collaborate in formulating a plan that~~	21733
~~delineates the funding responsibilities of public children~~	21734
~~services agencies and boards of alcohol, drug addiction, and~~	21735
~~mental health services for services provided under section~~	21736
~~5111.023 of the Revised Code to children in the custody of public~~	21737
~~children services agencies. The departments shall complete the~~	21738
~~plan not later than ninety days after September 5, 2001.~~	21739

Sec. 341.192. (A) As used in this section:

21740

(1) "Jail" means a county jail, or a multicounty,	21741
municipal-county, or multicounty-municipal correctional center.	21742

(2) ~~"Medical assistance program" has the same meaning as in~~	21743
~~section 2913.40 of the Revised Code.~~	21744

~~(3)~~ "Medical provider" means a physician, hospital,	21745
laboratory, pharmacy, or other health care provider that is not	21746
employed by or under contract to a county, municipal corporation,	21747
township, the department of youth services, or the department of	21748
rehabilitation and correction to provide medical services to	21749
persons confined in a jail or state correctional institution, or	21750
is in the custody of a law enforcement officer.	21751

~~(4)~~(3) "Necessary care" means medical care of a nonelective	21752
nature that cannot be postponed until after the period of	21753
confinement of a person who is confined in a jail or state	21754
correctional institution, or is in the custody of a law	21755
enforcement officer without endangering the life or health of the	21756
person.	21757

(B) If a physician employed by or under contract to a county,	21758
municipal corporation, township, the department of youth services,	21759
or the department of rehabilitation and correction to provide	21760
medical services to persons confined in a jail or state	21761
correctional institution determines that a person who is confined	21762
in the jail or state correctional institution or who is in the	21763
custody of a law enforcement officer prior to the person's	21764
confinement in a jail or state correctional institution requires	21765
necessary care that the physician cannot provide, the necessary	21766
care shall be provided by a medical provider. The county,	21767
municipal corporation, township, the department of youth services,	21768
or the department of rehabilitation and correction shall pay a	21769
medical provider for necessary care an amount not exceeding the	21770
authorized reimbursement rate for the same service established by	21771
the department of ~~job and family services~~medicaid under the	21772
~~medical assistance~~medicaid program.	21773

Sec. 351.021. (A) The resolution of the county commissioners	21774
creating a convention facilities authority, or any amendment or	21775
supplement to that resolution, may authorize the authority to levy	21776
one or both of the excise taxes authorized by division (B) of this	21777
section to pay the cost of one or more facilities; to pay	21778
principal, interest, and premium on convention facilities	21779
authority tax anticipation bonds issued to pay those costs; to pay	21780
the operating costs of the authority; to pay operating and	21781
maintenance costs of those facilities; and to pay the costs of	21782
administering the excise tax.	21783

(B) The board of directors of a convention facilities	21784
authority that has been authorized pursuant to resolution adopted,	21785
amended, or supplemented by the board of county commissioners	21786
pursuant to division (A) of this section may levy, by resolution	21787
adopted on or before December 31, 1988, either or both of the	21788
following:	21789

(1) Within the territory of the authority, an additional	21790
excise tax not to exceed four per cent on each transaction. The	21791
excise tax authorized by division (B)(1) of this section shall be	21792
in addition to any excise tax levied pursuant to section 5739.08	21793
or 5739.09 of the Revised Code, or division (B)(2) of this	21794
section.	21795

(2) Within that portion of any municipal corporation that is	21796
located within the territory of the authority or within the	21797
boundaries of any township that is located within the territory of	21798
the authority, which municipal corporation or township is levying	21799
any portion of the excise tax authorized by division (A) of	21800
section 5739.08 of the Revised Code, and with the approval, by	21801
ordinance or resolution, of the legislative authority of that	21802
municipal corporation or township, an additional excise tax not to	21803
exceed nine-tenths of one per cent on each transaction. The excise	21804
tax authorized by division (B)(2) of this section may be levied	21805
only if, on the effective date of the levy specified in the	21806
resolution making the levy, the amount being levied pursuant to	21807
division (A) of section 5739.08 of the Revised Code by each	21808
municipal corporation or township in which the tax authorized by	21809
division (B)(2) of this section will be levied, when added to the	21810
amount levied under division (B)(2) of this section, does not	21811
exceed three per cent on each transaction. The excise tax	21812
authorized by division (B)(2) of this section shall be in addition	21813
to any excise tax that is levied pursuant to section 5739.08 or	21814
5739.09 of the Revised Code, or division (B)(1) of this section.	21815

(C)(1) The board of directors of a convention facilities	21816
authority that is located in an eligible Appalachian county; that	21817
has been authorized pursuant to resolution adopted, amended, or	21818
supplemented by the board of county commissioners pursuant to	21819
division (A) of this section; and that is not levying a tax under	21820
division (B)(1) or (2) of this section may levy within the	21821
territory of the authority, by resolution adopted on or before	21822
December 31, 2005, an additional excise tax not to exceed three	21823
per cent on each transaction. The excise tax authorized under	21824
division (C)(1) of this section shall be in addition to any excise	21825
tax levied pursuant to section 5739.08 or 5739.09 of the Revised	21826
Code.	21827

As used in division (C)(1) of this section, "eligible	21828
Appalachian county" means a county in this state designated as	21829
being in the "Appalachian region" under the "Appalachian Regional	21830
Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and	21831
having a population less than eighty thousand according to the	21832
most recent federal decennial census.	21833

(2) Division ~~(B)~~(C)(2) of this section applies only to a	21834
convention facilities authority located in a county with a	21835
population, according to the 2000 federal decennial census, of at	21836
least one hundred thirty-five thousand and not more than one	21837
hundred fifty thousand and containing entirely within its	21838
boundaries the territory of a municipal corporation with a	21839
population according to that census of more than fifty thousand.	21840
The board of directors of such a convention facilities authority,	21841
by resolution adopted on or before November 1, 2009, may levy	21842
within the territory of the authority an excise tax on	21843
transactions by which lodging by a hotel is or is to be furnished	21844
to transient guests at a rate not to exceed three per cent on such	21845
transactions for the same purposes for which a tax may be levied	21846
under division (B) of this section. The resolution may be adopted	21847
only if the board of county commissioners of the county, by	21848
resolution, authorizes the levy of the tax. The resolution of the	21849
board of county commissioners is subject to referendum as	21850
prescribed by sections 305.31 to 305.41 of the Revised Code. If,	21851
pursuant to those procedures, a referendum is to be held, the	21852
board's resolution does not take effect until approved by a	21853
majority of electors voting on the question. The convention	21854
facilities authority may adopt the resolution authorized by	21855
division (C)(2) of this section before the election, but the	21856
authority's resolution shall not take effect if the board of	21857
commissioners' resolution is not approved at the election. A tax	21858
levied under division (C)(2) of this section is in addition to any	21859
tax levied under section 5739.09 of the Revised Code.	21860

(D) The authority shall provide for the administration and	21861
allocation of an excise tax levied pursuant to division (B) or (C)	21862
of this section. All receipts arising from those excise taxes	21863
shall be expended for the purposes provided in, and in accordance	21864
with this section and section 351.141 of the Revised Code. An	21865
excise tax levied under division (B) or (C) of this section shall	21866
remain in effect at the rate at which it is levied for at least	21867
the duration of the period for which the receipts from the tax	21868
have been anticipated and pledged pursuant to section 351.141 of	21869
the Revised Code.	21870

(E) Except as provided in division (B)(2) of this section,	21871
the levy of an excise tax on each transaction pursuant to sections	21872
5739.08 and 5739.09 of the Revised Code does not prevent a	21873
convention facilities authority from levying an excise tax	21874
pursuant to division (B) or (C) of this section.	21875

(F) A convention facilities authority located in a county	21876
with a population greater than eighty thousand but less than	21877
ninety thousand according to the 2010 federal decennial census	21878
that levies a tax under division (B) of this section may amend the	21879
resolution levying the tax to allocate a portion of the revenue	21880
from the tax for support of tourism-related sites or facilities	21881
and programs operated by the county or a municipal corporation	21882
within the county in which the authority is located or for the	21883
purpose of leasing lands for county fairs, erecting buildings for	21884
county fair purposes, making improvements on a county fairground,	21885
or for any purpose connected with the use of a county fairground	21886
or with the management thereof by the county in which the	21887
authority is located. The revenue allocated by the authority for	21888
such purposes in a calendar year shall not exceed fifteen per cent	21889
of the total revenue from the tax in the preceding calendar year.	21890

Sec. 353.01. For purposes of this chapter:

21891

(A) "Lake facilities authority" means a body corporate and	21892
politic created pursuant to section 353.02 of the Revised Code.	21893

(B) "Watershed" means a watershed as determined by the United	21894
States geological survey.	21895

(C) "Impacted watershed" means a watershed meeting both of	21896
the following conditions:	21897

(1) The watershed contains a natural or man-made lake of at	21898
least one-half square mile that has experienced levels of	21899
microcystin toxins in excess of eighty parts-per-billion, as	21900
measured by the Ohio environmental protection agency, during the	21901
twenty-four month period immediately preceding the date the last	21902
resolution necessary for the creation of a lake facilities	21903
authority under section 353.02 of the Revised Code was adopted.	21904

(2) The watershed is partially or completely located within a	21905
state park, as defined in section 154.01 of the Revised Code, that	21906
has averaged at least four hundred thousand visitors per year for	21907
the four calendar years preceding the calendar year in which the	21908
last resolution necessary for the creation of a lake facilities	21909
authority under section 353.02 of the Revised Code was adopted.	21910

(D) "Impacted lake district" means the territory of all	21911
townships and municipal corporations having territory in an	21912
impacted watershed.	21913

(E) "Cost" as applied to a lake facilities authority facility	21914
means the cost of acquisition or construction of the facility; the	21915
cost of acquisition of all land, rights-of-way, property rights,	21916
easements, franchise rights, and interests required for such	21917
acquisition; the cost of demolishing or removing any buildings or	21918
structures on land so acquired, including the cost of acquiring	21919
any lands to which such buildings or structures may be moved; the	21920
cost of acquiring or constructing and equipping a principal office	21921
of the lake facilities authority; the cost of diverting highways,	21922
interchange of highways, and access roads to private property,	21923
including the cost of land or easements for the access roads, the	21924
cost of public utility and common carrier relocation or	21925
duplication, the cost of all machinery, furnishings, and	21926
equipment, financing charges, interest prior to and during any	21927
construction and for no more than eighteen months after completion	21928
of any construction; engineering; expenses of research and	21929
development with respect to an impacted lake district; legal	21930
expenses; expenses of developing or obtaining plans,	21931
specifications, engineering surveys, studies, and estimates of	21932
cost and revenues; expenses necessary or incident to determining	21933
the feasibility or practicability of acquiring or constructing the	21934
facility or remediating the impacted lake district; administrative	21935
expense; and such other expenses as may be necessary or incident	21936
to the acquisition or construction of the facility, the	21937
remediation of the impacted lake district and other activities	21938
authorized by this chapter, the financing of such acquisition,	21939
construction or remediation, including the amount authorized in	21940
the resolution of the lake facilities authority providing for the	21941
issuance of lake facilities authority revenue bonds to be paid	21942
into any special funds from the proceeds of such bonds and the	21943
financing of the placing of the facility in operation, the cost of	21944
issuing the bonds, and the financing of remediation and other	21945
purposes authorized by this chapter.	21946

(F) "Revenues" means all rentals and other charges received	21947
by the lake facilities authority with respect to an impacted	21948
watershed; any gift or grant received with respect to any impacted	21949
watershed; money received in repayment of, and for interest on,	21950
any loans made by the authority to a person or governmental	21951
agency, whether from the United States or any department,	21952
administration, or agency thereof, or otherwise; proceeds of lake	21953
facilities authority revenue bonds to the extent the use thereof	21954
for payment of principal or of premium, if any, or interest on the	21955
bonds is authorized by the authority; proceeds from any insurance,	21956
appropriation, or guaranty pertaining to an impacted watershed or	21957
property mortgaged to secure bonds or pertaining to the financing	21958
of any activities authorized under this chapter; income and profit	21959
from the investment of the proceeds of lake facilities authority	21960
revenue bonds or of any revenues; and contributions of service	21961
payments in lieu of taxes generated pursuant to section 5709.40,	21962
5709.41, 5709.73, or 5709.78 of the Revised Code, and all other	21963
nontax revenues paid or payable to the lake facilities authority.	21964

(G) "Lake facilities revenue bonds," unless the context	21965
indicates a different meaning or intent, includes revenue notes,	21966
revenue renewal notes, and revenue refunding bonds.	21967

(H) "Authorized purpose" means activities that remediate,	21968
rehabilitate, enhance, foster, aid, improve, provide, or promote	21969
an impacted watershed within the jurisdiction of the lake	21970
facilities authority, including, without limitation, research and	21971
development efforts related thereto.	21972

(I) "Lake facilities authority facility" or "facility" means	21973
real or personal property, or any combination thereof owned,	21974
leased, or otherwise controlled or financed by a lake facilities	21975
authority and directly related to an authorized purpose.	21976

Sec. 353.02. A lake facilities authority may be created by	21977
the board of county commissioners of a county that contains all of	21978
the territory of an impacted watershed. If the territory of an	21979
impacted watershed is contained within more than one county, a	21980
joint facilities lake authority may be created by resolution of	21981
the board of commissioners of each county in which the impacted	21982
watershed is located. A resolution creating a lake facilities	21983
authority must include a finding that the watershed sought to be	21984
improved or remediated pursuant to this chapter is an impacted	21985
watershed.	21986

A lake facilities authority created pursuant to this section	21987
is a body corporate and politic which may sue and be sued, plead	21988
and be impleaded, and has the powers and jurisdiction enumerated	21989
in this chapter. The exercise by an authority of the powers	21990
conferred upon it shall be deemed to be essential governmental	21991
functions of this state.	21992

Within sixty days after the creation of a lake facilities	21993
authority, the county engineer of each county with territory in	21994
the impacted watershed shall prepare a survey denoting the	21995
boundaries of the impacted watershed in the county. The survey	21996
shall include references to the county auditor's permanent parcel	21997
number designations as those parcel number designations correspond	21998
to the boundaries of the impacted watershed. If requested by the	21999
county engineer of each county with territory in the impacted	22000
watershed, the cost of such surveys shall be paid from the funds	22001
of the lake facilities authority pursuant to an agreement between	22002
the lake facilities authority and the county engineer of each	22003
county. Such funds may be advanced by the board of county	22004
commissioners of any county with territory in the impacted	22005
watershed.	22006

The county auditor of the county with the greatest amount of	22007
territory in the impacted watershed shall be the fiscal officer	22008
for the lake facilities authority. The county prosecutor of the	22009
county with the greatest amount of territory in the impacted	22010
watershed shall be the legal advisor of the lake facilities	22011
authority and shall prosecute and defend all suits and actions	22012
that the lake facilities authority directs or to which it is a	22013
party.	22014

Upon the creation of a lake facilities authority, no	22015
authority that is granted by law any powers or duties that are	22016
substantially the same as the powers and duties of a lake	22017
facilities authority may be created if its territorial	22018
jurisdiction includes any territory within the impacted lake	22019
district.	22020

Sec. 353.03. A lake facilities authority may do all of the	22021
following:	22022

(A) Acquire by purchase, lease, gift, or otherwise, on such	22023
terms and in such manner as it considers proper, real and personal	22024
property necessary for an authorized purpose or any estate,	22025
interest, or right therein, within or without the impacted lake	22026
district;	22027

(B) Improve, remediate, maintain, sell, lease, or otherwise	22028
dispose of real and personal property on such terms and in such	22029
manner as it considers proper;	22030

(C) Adopt, modify, and enforce reasonable rules and	22031
regulations governing impacted watersheds;	22032

(D) Employ such managers, administrative officers, agents,	22033
engineers, architects, attorneys, contractors, subcontractors, and	22034
employees as may be appropriate in the exercise of the rights,	22035
powers, and duties conferred on it, prescribe the duties and	22036
compensation for such persons, require bonds to be given by any	22037
such persons and by officers of the authority for the faithful	22038
performance of their duties, and fix the amount and surety	22039
therefor, and pay the surety;	22040

(E) Sue and be sued in its corporate name;

22041

(F)(1) Make and enter into all contracts and agreements and	22042
execute all instruments relating to the provisions of this	22043
chapter;	22044

(2) Except as provided otherwise under divisions (F)(2) and	22045
(3) of this section, when the cost of a contract for the	22046
construction of any building, structure, or other improvement	22047
undertaken by a lake facilities authority involves an expenditure	22048
exceeding twenty-five thousand dollars, and the lake facilities	22049
authority is the contracting authority, the lake facilities	22050
authority shall make a written contract after notice calling for	22051
bids for the award of the contract has been given by publication	22052
twice, with at least seven days between publications, in a	22053
newspaper of general circulation in the impacted lake district.	22054
Each such contract shall be awarded to the lowest responsive and	22055
responsible bidder in accordance with section 9.312 of the Revised	22056
Code. The board of directors by rule may provide criteria for the	22057
negotiation and award without competitive bidding of any contract	22058
as to which the lake facilities authority is the contracting	22059
authority for the construction of any building or structure or	22060
other improvement under any of the following circumstances:	22061

(a) There exists a real and present emergency that threatens	22062
damage to property or injury to persons of the lake facilities	22063
authority or other persons, provided that a statement specifying	22064
the nature of the emergency that is the basis for the negotiation	22065
and award of a contract without competitive bidding shall be	22066
signed at the time of the contract's execution by the officer of	22067
the lake facilities authority that executes the contract and shall	22068
be attached to the contract.	22069

(b) A commonly recognized industry or other standard or	22070
specification does not exist and cannot objectively be articulated	22071
for the improvement.	22072

(c) The contract is for any energy conservation measure as	22073
defined in section 307.041 of the Revised Code.	22074

(d) With respect to material to be incorporated into the	22075
improvement, only a single source or supplier exists for the	22076
material.	22077

(e) A single bid is received by the lake facilities authority	22078
after complying with the above provisions.	22079

(3) In addition to the exceptions to competitive bidding	22080
requirements under division (F)(2) of this section, a lake	22081
facilities authority may contract for the acquisition or	22082
construction of any property for an authorized purpose and for the	22083
leasing, subleasing, sale, or other disposition of the property in	22084
a manner determined by the lake facilities authority in its sole	22085
discretion, without necessity for competitive bidding or	22086
performance bonds.	22087

(4) With respect to any public improvement undertaken by, or	22088
under contract for, the lake facilities authority, the authority	22089
may elect to apply sections 4115.03 to 4115.21 of the Revised	22090
Code.	22091

(G) Accept aid or contributions from any source of money,	22092
property, labor, or other things of value, to be held, used, and	22093
applied only for the purposes for which the grants and	22094
contributions are made;	22095

(H) Apply for and accept grants, loans, or commitments of	22096
guarantee or insurance, including any guarantees of lake	22097
facilities authority bonds and notes, from the United States, the	22098
state, or other public body or other sources, and provide any	22099
consideration which may be required in order to obtain such	22100
grants, loans, or contracts of guarantee or insurance;	22101

(I) Procure insurance against loss to the lake facilities	22102
authority by reason of damage to its properties resulting from	22103
fire, theft, accident, or other casualties, or by reason of its	22104
liability for any damages to persons or property occurring in the	22105
construction or operation of facilities or areas under its	22106
jurisdiction or the conduct of its activities;	22107

(J) Maintain such funds or reserves as it considers necessary	22108
for the efficient performance of its duties;	22109

(K) Enforce any covenants, of which the lake facilities	22110
authority is the beneficiary, running with the land.	22111

(L) Appropriate for its use, under sections 163.01 to 163.22	22112
of the Revised Code, any land, easement, rights, rights-of-way,	22113
franchises, or other property in the impacted watershed necessary	22114
for an authorized purpose;	22115

(M) Issue securities for the remediation of an impacted	22116
watershed and directly related permanent improvements in	22117
compliance with Chapter 133. of the Revised Code, except that such	22118
bonds or notes may be issued only pursuant to a vote of the	22119
electors residing within the impacted lake district. The net	22120
indebtedness incurred by a lake facilities authority pursuant to	22121
this division may not exceed one-tenth of one per cent of the	22122
total value of all property within the territory comprising the	22123
impacted lake district as listed and assessed for taxation.	22124

(N) Issue lake facilities authority revenue bonds beyond the	22125
limit of bonded indebtedness provided by law, payable solely from	22126
revenues as provided in section 353.09 of the Revised Code for the	22127
purpose of providing funds to pay costs of any facility or	22128
facilities or parts thereof;	22129

(O) Advise and provide input to political subdivisions within	22130
the impacted lake district with respect to zoning and land use	22131
planning within the impacted lake district;	22132

(P) Enter into agreements for the management, ownership,	22133
possession, or control of lands or property to be used for wetland	22134
mitigation banking.	22135

Sec. 353.04. (A) Upon the creation of a lake facilities	22136
authority under section 353.02 of the Revised Code, a board of	22137
directors consisting of the county commissioners of each county	22138
with territory in the impacted lake district shall be created.	22139
Membership on the board is not a direct or indirect interest in a	22140
contract or expenditure of money by the county. Notwithstanding	22141
any provision of law to the contrary, no member of the board shall	22142
be disqualified from holding any public office or employment by	22143
reason of membership on the board. The board is a public body for	22144
the purposes of section 121.22 of the Revised Code and a public	22145
office for the purposes of section 149.43 of the Revised Code.	22146
Notwithstanding those sections, the board may hold closed meetings	22147
and protect the confidentiality of information under the same	22148
circumstances as authorized for a community improvement	22149
corporation under section 1724.11 of the Revised Code. Chapter	22150
2744. of the Revised Code applies to the board. Each year, the	22151
board shall prepare an annual report of its activities and make it	22152
available to the public.	22153

(B) A board of directors shall consult with the advisory	22154
council created under this division in performing the remediation	22155
and other activities authorized by this chapter.	22156

Not later than sixty days after the creation of the board of	22157
directors, the board shall provide written notice of its creation	22158
to the legislative authority of each political subdivision with	22159
territory in the impacted lake district. The notice shall describe	22160
the process for the appointment of an advisory council. Upon	22161
receipt of such notice, the legislative authority of each	22162
political subdivision with territory in the impacted lake district	22163
shall appoint one representative each to serve on the advisory	22164
council. The representative need not be an elected or appointed	22165
official of the political subdivision.	22166

Sec. 353.05. The board of directors of a lake facilities	22167
authority, by resolution, may propose the levy of a tax upon the	22168
taxable property in the impacted lake district pursuant to section	22169
5705.55 of the Revised Code.	22170

Sec. 353.06. As used in this section, "hotel" and "transient	22171
guests" have the same meanings as in section 5739.01 of the	22172
Revised Code.	22173

A resolution creating a lake facilities authority under	22174
section 353.02 of the Revised Code, or any amendments or	22175
supplements thereto, may authorize the authority to levy an excise	22176
tax on transactions by which lodging in a hotel is or is to be	22177
furnished to transient guests to pay any costs authorized under	22178
this chapter; to pay principal, interest, and premium on lake	22179
facilities authority tax anticipation bonds issued to pay those	22180
costs; to pay the operating costs of the authority; and to pay the	22181
costs of administering the tax.	22182

Upon the affirmative vote of at least a majority of the	22183
qualified electors in a primary or general election within the	22184
impacted lake district voting at an election held for the purpose	22185
of authorizing the tax, the board of directors of a lake	22186
facilities authority authorized to levy a tax under this section	22187
may, by resolution, levy an additional excise tax within the	22188
territory of the impacted lake district on all transactions by	22189
which lodging in a hotel is or is to be furnished to transient	22190
guests. The rate of the tax, when added to the aggregate rate of	22191
excise taxes levied in the impacted lake district pursuant to	22192
section 351.021, 5739.08, or 5739.09 of the Revised Code, shall	22193
not cause the total aggregate rate to exceed five per cent on any	22194
such transaction.	22195

The lake facilities authority shall provide for the	22196
administration and allocation of a tax levied pursuant to this	22197
section. All receipts arising from the tax shall be expended for	22198
the purposes provided in, and in accordance with, this section. An	22199
excise tax levied under this section shall remain in effect at the	22200
rate at which it is levied for at least the duration of the period	22201
for which the receipts from the tax have been anticipated and	22202
pledged pursuant to section 353.08 of the Revised Code.	22203

The form of the ballot in an election held on the question of	22204
levying a tax proposed pursuant to this section shall be as	22205
follows or in any other form acceptable to the secretary of state:	22206

"An excise tax on all transactions by which lodging in a	22207
hotel is or is to be furnished to transient guests within the	22208
territory of the (name of impacted lake district) ........... for	22209
the purpose of .......... at a rate of ......... for ............	22210
(number of years the tax is to be levied).	22211

22212

		For the Excise Tax			22213
		Against the Excise Tax	"		22214

Sec. 353.07. The director of natural resources may transfer	22215
real property owned by the state to a lake facilities authority	22216
for the purpose of promoting wetland banking, wildlife, or	22217
sporting activities. The division of wildlife within the	22218
department of natural resources may enter into an agreement with a	22219
lake facilities authority to establish wetland or natural areas to	22220
benefit wildlife or sporting activities. The agreement may be	22221
entered as part of, or in conjunction with, a mitigation banking	22222
program.	22223

Sec. 353.08. A lake facilities authority that levies a tax	22224
authorized by sections 353.05 and 5705.55 or section 353.06 of the	22225
Revised Code may, by resolution, anticipate the proceeds of the	22226
tax and issue lake facilities authority anticipation bonds, and	22227
notes anticipating the proceeds or the bonds, in the principal	22228
amount that, in the opinion of the authority, are necessary for	22229
the purpose of paying the cost of an authorized purpose, and that	22230
the authority is able to pay over the term of the issue with the	22231
interest on the bonds or notes, or in the case of notes	22232
anticipating bonds over the term of the bonds, by the estimated	22233
amount of the taxes anticipated. The taxes are determined by the	22234
general assembly to satisfy any applicable requirement of Section	22235
11 of Article XII, Ohio Constitution.	22236

Every issue of outstanding anticipation bonds shall be	22237
payable out of the proceeds of the taxes anticipated and other	22238
revenues of the authority that are pledged for such payment. The	22239
pledge shall be valid and binding from the time the pledge is	22240
made, and the anticipated excise taxes and revenues so pledged and	22241
thereafter received by the authority immediately shall be subject	22242
to the lien of that pledge without any physical delivery of those	22243
taxes and revenues or further act. The lien of any pledge is valid	22244
and binding as against all parties having claims of any kind in	22245
tort, contract, or otherwise against the authority, whether or not	22246
such parties have notice of the lien. Neither the resolution nor	22247
any trust agreement by which a pledge is created need be filed or	22248
recorded except in the authority's records.	22249

The anticipation bonds shall bear such date or dates, and	22250
shall mature at such time or times, in the case of any such notes	22251
or any renewals of such notes not exceeding twenty years from the	22252
date of issue of such original notes and in the case of any such	22253
bonds or any refunding bonds not exceeding forty years from the	22254
date of the original issue of notes or bonds for the purpose, and	22255
shall be executed in the manner that the resolution authorizing	22256
the bonds may provide. The anticipation bonds shall bear interest	22257
at such rates, or at a variable rate or rates changing from time	22258
to time, in accordance with provisions provided in the authorizing	22259
resolution, be in such denominations and form, either coupon or	22260
registered, carry such registration privileges, be payable in such	22261
medium of payment and at such place or places, and be subject to	22262
such terms of redemption, as the authority may authorize or	22263
provide.	22264

Sec. 353.09. A lake facilities authority at any time may	22265
issue lake facilities authority revenue bonds in such principal	22266
amounts as, in the opinion of the lake facilities authority, are	22267
necessary for the purpose of paying the cost of one or more lake	22268
facilities authority facilities or parts thereof. A lake	22269
facilities authority at any time may issue renewal notes, issue	22270
bonds to retire its notes and, whenever it considers refunding	22271
expedient, refund any bonds by the issuance of lake facilities	22272
authority revenue refunding bonds, whether the bonds to be	22273
refunded have or have not matured, and issue lake facilities	22274
authority revenue bonds partly to refund outstanding bonds and	22275
partly for any other authorized purpose. The lake facilities	22276
authority revenue refunding bonds shall be sold and the proceeds	22277
applied to the purchase, redemption, or payment of the bonds to be	22278
refunded. Lake facilities authority revenue bonds shall be special	22279
obligations of the lake facilities authority payable out of the	22280
revenues of the lake facilities authority that are pledged for	22281
such payment. The pledge shall be valid and binding from the time	22282
the pledge is made and the revenues so pledged and thereafter	22283
received by the lake facilities authority immediately shall be	22284
subject to the lien of the pledge without any physical delivery	22285
thereof or further act, and the lien of the pledge is valid and	22286
binding as against all parties having claims of any kind in tort,	22287
contract, or otherwise against the lake facilities authority,	22288
irrespective of whether those parties have notice thereof. Neither	22289
the resolution nor any trust agreement by which a pledge is	22290
created need be filed or recorded except in the records of the	22291
lake facilities authority.	22292

Whether or not the lake facilities authority revenue bonds	22293
are of such form and character as to be negotiable instruments,	22294
the lake facilities authority revenue bonds shall have all the	22295
qualities and incidents of negotiable instruments, subject only to	22296
the provisions of the bonds for registration.	22297

The lake facilities authority revenue bonds shall be	22298
authorized by resolution of the lake facilities authority, and	22299
shall bear interest at such rate or rates, shall bear such date or	22300
dates, and shall mature at such time or times, and in such number	22301
of installments as may be provided in or pursuant to that	22302
resolution. The final maturity of any lake facilities authority	22303
revenue bond in the form of a note and any renewals thereof shall	22304
not exceed five years from the date of issue of the original note.	22305
The final maturity of any issue of lake facilities authority	22306
revenue bonds shall not be later than forty-five years from the	22307
date of issue of the original issue of bonds. Any such bonds or	22308
notes shall be executed in a manner as the resolution or	22309
resolutions may provide. The lake facilities authority revenue	22310
bonds shall be in such denominations, be in such form, either	22311
coupon or registered, carry such registration privileges, be	22312
payable in such medium of payment, at such place or places, and be	22313
subject to such terms of redemption as may be provided in or	22314
pursuant to the resolution authorizing their issuance. Lake	22315
facilities authority revenue bonds of the lake facilities	22316
authority may be sold by the lake facilities authority, at public	22317
or private sale, at or at not less than a price or prices as the	22318
lake facilities authority determines. In case any officer whose	22319
signature or a facsimile of whose signature appears on any bonds,	22320
notes, or coupons, ceases to be such officer before delivery of	22321
bonds or notes, the signature or facsimile shall nevertheless be	22322
sufficient for all purposes the same as if the officer had	22323
remained in office until such delivery, and in case the seal of	22324
the lake facilities authority has been changed after a facsimile	22325
has been imprinted on such bonds or notes, the facsimile seal will	22326
continue to be sufficient for all purposes.	22327

Any resolution or resolutions authorizing any lake facilities	22328
authority revenue bonds or any issue of bonds may contain	22329
provisions, subject to any agreements with bondholders as may then	22330
exist, which provisions shall be a part of the contract with the	22331
holders of bonds, as to the pledging of all or any part of the	22332
revenues of the lake facilities authority to secure the payment of	22333
the lake facilities authority bonds or of any issue of the bonds;	22334
the use and disposition of revenues of the lake facilities	22335
authority; a covenant to fix, alter, and collect rentals and other	22336
charges so that pledged revenues will be sufficient to pay costs	22337
of operation, maintenance, and repairs, pay principal of and	22338
interest on bonds secured by the pledge of such revenues, and	22339
provide any reserves that may be required by the applicable	22340
resolution or trust agreement; the setting aside of reserve funds,	22341
sinking funds, or replacement and improvement funds and the	22342
regulation and disposition thereof; the crediting of the proceeds	22343
of the sale of bonds to and among the funds referred to or	22344
provided for in or pursuant to the resolution authorizing the	22345
issuance of the bonds or notes; the use, lease, sale, or other	22346
disposition of any lake facilities authority facility or any other	22347
assets of the lake facilities authority; limitations on the	22348
purpose to which the proceeds of sale of bonds may be applied and	22349
the pledging of those proceeds to secure the payment of the bonds	22350
or of any issue of the bonds; as to notes issued in anticipation	22351
of the issuance of bonds, the agreement of the lake facilities	22352
authority to do all things necessary for the authorization,	22353
issuance, and sale of the bonds in amounts that may be necessary	22354
for the timely retirement of the notes; limitations on the	22355
issuance of additional bonds; the terms upon which additional	22356
bonds may be issued and secured; the refunding of outstanding	22357
bonds; the procedure, if any, by which the terms of any contract	22358
with bondholders may be amended or abrogated, the amount of bonds	22359
the holders of which must consent thereto, and the manner in which	22360
such consent may be given; limitations on the amount of moneys to	22361
be expended by the lake facilities authority for operating,	22362
administrative, or other expenses of the lake facilities	22363
authority; securing any bonds or notes by a trust agreement; and	22364
any other matters, of like or different character, that in any way	22365
affect the security or protection of the bonds or notes.	22366

Neither the board of directors of the lake facilities	22367
authority nor any person executing the bonds shall be liable	22368
personally on the bonds or be subject to any personal liability or	22369
accountability by reason of the issuance thereof.	22370

The issuance of lake facilities authority revenue bonds under	22371
this section need not comply with any other law applicable to the	22372
issuance of bonds or notes.	22373

Sec. 353.10. (A) With respect to facilities, and their	22374
financing, for an authorized purpose, under agreements whereby the	22375
person to whom the facility is to be leased, subleased, or sold,	22376
or to whom a loan is to be made for the facility, is to make	22377
payments sufficient to pay all of the principal of, premium, if	22378
any, and interest on the lake facilities authority revenue bonds	22379
issued for the facility, the lake facilities authority, in	22380
addition to other powers under this chapter, may do any of the	22381
following:	22382

(1) Make loans for the acquisition or construction of the	22383
facility to such person upon such terms as the lake facilities	22384
authority may determine or authorize including secured or	22385
unsecured loans, and, in connection therewith, enter into loan	22386
agreements and other agreements, accept notes and other forms of	22387
obligation to evidence such indebtedness and mortgages, liens,	22388
pledges, assignments, or other security interests to secure such	22389
indebtedness, which may be prior or subordinate to or on a parity	22390
with other indebtedness, obligations, mortgages, pledges,	22391
assignments, other security interests, or liens or encumbrances,	22392
and take actions it considers appropriate to protect such security	22393
and safeguard against losses, including, without limitation,	22394
foreclosure and the bidding upon and purchase of property upon	22395
foreclosure or other sale;	22396

(2) Sell the facility under such terms as it may determine,	22397
including, without limitation, sale by conditional sale or	22398
installment sale, under which title may pass prior to or after	22399
completion of the facility or payment or provisions for payment of	22400
all principal of, premium, if any, and interest on the bonds, or	22401
at any other time provided in the agreement pertaining to the	22402
sale, and including sale under an option to purchase at a price	22403
which may be a nominal amount or less than true value at the time	22404
of purchase;	22405

(3) Grant a mortgage, lien, or other encumbrance on, or	22406
pledge or assignment of, or other security interest with respect	22407
to, all or any part of the facility, revenues, reserve funds, or	22408
other funds established in connection with the bonds, or on, of,	22409
or with respect to any lease, sublease, sale, conditional sale or	22410
installment sale agreement, loan agreement, or other agreement	22411
pertaining to the lease, sublease, sale, or other disposition of a	22412
facility or pertaining to a loan made for a facility, or any	22413
guaranty or insurance agreement made with respect thereto, or any	22414
interest of the lake facilities authority therein, or any other	22415
interest granted, assigned, or released to secure payments of the	22416
principal of, premium, if any, or interest on the bonds or to	22417
secure any other payments to be made by the lake facilities	22418
authority, which mortgage, lien, encumbrance, pledge, assignment,	22419
or other security interest may be prior or subordinate to or on a	22420
parity with any other mortgage, assignment, or other security	22421
interest, or lien or encumbrance;	22422

(4) Provide that the interest on the bonds may be at a	22423
variable rate or rates changing from time to time in accordance	22424
with a base or formula as authorized by the lake facilities	22425
authority;	22426

(5) Contract for the acquisition or construction of the	22427
facility or any part thereof and for the leasing, subleasing,	22428
sale, or other disposition of the facility in a manner determined	22429
by the lake facilities authority in its sole discretion, without	22430
necessity for competitive bidding or performance bonds;	22431

(6) Make appropriate provision for adequate maintenance of	22432
the facility.	22433

(B) With respect to the facilities referred to in this	22434
section, the authority granted by this section is cumulative and	22435
supplementary to all other authority granted in this chapter. The	22436
authority granted by this section does not alter or impair any	22437
similar authority granted elsewhere in this chapter for or with	22438
respect to other facilities.	22439

Sec. 353.11. In the discretion of the lake facilities	22440
authority, any lake facilities authority revenue bonds issued	22441
under this chapter may be secured by a trust agreement between the	22442
lake facilities authority and a corporate trustee that may be any	22443
trust company or bank having the powers of a trust company within	22444
or without the state.	22445

The trust agreement may pledge or assign revenues of the lake	22446
facilities authority to be received and may convey or mortgage any	22447
facility or any part thereof. The trust agreement or any	22448
resolution providing for the issuance of such bonds may contain	22449
any provisions for protecting and enforcing the rights and	22450
remedies of the bondholders as are reasonable and proper and not	22451
in violation of law, including covenants setting forth the duties	22452
of the lake facilities authority in relation to the acquisition of	22453
property, the construction, improvement, maintenance, repair,	22454
operation, and insurance of the facility in connection with which	22455
the bonds are authorized, the rentals or other charges to be	22456
imposed for the use or services of any facility, the custody,	22457
safeguarding, and application of all moneys, and provisions for	22458
the employment of consulting engineers in connection with the	22459
construction or operation of the facility.	22460

Any bank or trust company incorporated under the laws of this	22461
state that may act as depository of the proceeds of bonds or of	22462
revenues may furnish any indemnifying bonds or may pledge any	22463
securities that are required by the lake facilities authority. The	22464
trust agreement may set forth the rights and remedies of the	22465
bondholders and of the trustee, and may restrict the individual	22466
right of action by bondholders as is customary in trust agreements	22467
or trust indentures securing similar bonds. The trust agreement	22468
may contain any other provisions that the lake facilities	22469
authority determines reasonable and proper for the security of the	22470
bondholders. All expenses incurred in carrying out the provisions	22471
of the trust agreement may be treated as a part of the cost of the	22472
operation of the facility.	22473

Sec. 353.12. Any holder of lake facilities authority revenue	22474
bonds issued under sections 353.09 to 353.15 of the Revised Code,	22475
or any of the coupons pertaining to those bonds, and the trustee	22476
under any trust agreement, except to the extent the rights given	22477
by those sections may be restricted by the applicable resolution	22478
or that trust agreement, may by suit, action, mandamus, or other	22479
proceedings, protect and enforce any rights under the laws of the	22480
state or granted under those sections, the trust agreement, or the	22481
resolution authorizing the issuance of the bonds, and may enforce	22482
and compel the performance of all duties required by those	22483
sections, or by the trust agreement or resolution, to be performed	22484
by the lake facilities authority or any officer of the lake	22485
facilities authority, including the fixing, charging, and	22486
collecting of rentals or other charges.	22487

Sec. 353.13. Lake facilities authority revenue bonds issued	22488
under sections 353.09 to 353.15 of the Revised Code do not	22489
constitute a debt, or a pledge of the faith and credit, of the	22490
state or any political subdivision of the state. The holders or	22491
owners of the bonds have no right to have taxes levied by the	22492
general assembly or taxing authority of any political subdivision	22493
of the state for the payment of the principal of or interest on	22494
the bonds. The bonds are payable solely from the revenues and	22495
funds pledged for their payment as authorized by this chapter,	22496
unless the revenue bonds are notes issued in anticipation of the	22497
issuance of the bonds, or the revenue bonds are refunded by	22498
refunding bonds issued under section 353.09 of the Revised Code,	22499
provided that the refunding bonds shall be payable solely from	22500
revenues and funds pledged for their payment as authorized by that	22501
section. All bonds shall contain on the face thereof a statement	22502
to the effect that the bonds, as to both principal and interest,	22503
are not debts of the state or any political subdivision of the	22504
state, but are payable solely from revenues and funds pledged for	22505
their payment.	22506

Sec. 353.14. All moneys, funds, properties, and assets	22507
acquired by the lake facilities authority under this chapter,	22508
whether as proceeds from the sale of lake facilities authority	22509
revenue bonds or as revenues, or otherwise, shall be held by it in	22510
trust for the purposes of carrying out its powers and duties,	22511
shall be used and reused as provided in this chapter, and shall at	22512
no time be part of other public funds. Such funds, except as	22513
otherwise provided in any resolution authorizing its lake	22514
facilities authority revenue bonds or in any trust agreement	22515
securing those bonds, or except when invested pursuant to section	22516
353.15 of the Revised Code, shall be kept in depositories selected	22517
by the lake facilities authority in the manner provided in Chapter	22518
135. of the Revised Code for the selection of eligible public	22519
depositories, and the deposits shall be secured as provided in	22520
that chapter. The resolution authorizing the issuance of such	22521
bonds or the trust agreement securing the bonds shall provide that	22522
any officer to whom, or any bank or trust company to which, such	22523
money is paid shall act as trustee of the money and hold and apply	22524
the money for the purposes for which the bonds are issued, subject	22525
to such conditions as Chapter 135. of the Revised Code and such	22526
resolutions or trust agreement provide.	22527

Sec. 353.15. Except as otherwise provided in any resolution	22528
authorizing the issuance of its lake facilities authority revenue	22529
bonds or in any trust agreement securing the bonds, moneys in the	22530
funds of the lake facilities authority in excess of current needs	22531
may be invested as permitted by sections 135.01 to 135.21 of the	22532
Revised Code or invested in linked deposit programs established by	22533
resolution of the board of directors in accordance with section	22534
135.80 of the Revised Code. Income from all investments of moneys	22535
in any fund shall be credited to funds as the lake facilities	22536
authority determines, subject to the provisions of any such	22537
resolution or trust agreement, and the investments may be sold at	22538
any time the lake facilities authority determines.	22539

Sec. 353.16. Bonds of a lake facilities authority and lake	22540
facilities authority revenue bonds are lawful investments of	22541
banks, societies for savings, trust companies, savings and loan	22542
associations, deposit guaranty associations, trustees,	22543
fiduciaries, trustees or other officers having charge of the bond	22544
retirement funds or sinking funds of port authorities and	22545
political subdivisions, and taxing districts of this state, the	22546
commissioners of the sinking fund of this state, the administrator	22547
of workers' compensation, the state teachers retirement system,	22548
the school employees retirement system, the public employees	22549
retirement system, the Ohio police and fire pension fund, and	22550
insurance companies, including domestic life insurance companies	22551
and domestic insurance companies other than life, and are	22552
acceptable as security for the deposit of public moneys.	22553

Sec. 511.261. If a township park district enters into an	22554
agreement for the sale or lease of mineral rights regarding a park	22555
within the district, any royalties or other moneys resulting from	22556
the sale or lease shall be deposited into a special fund that the	22557
board of park commissioners shall establish under division (F) of	22558
section 5705.09 of the Revised Code. The fund shall be used	22559
exclusively for maintenance of parks within the district and for	22560
the acquisition of new park lands.	22561

Sec. 517.271. Notwithstanding section 517.22 of the Revised	22562
Code, the company, association, or religious society that most	22563
recently owned and operated a cemetery currently owned by a board	22564
of township trustees may petition the probate court of the county	22565
in which the cemetery is located to transfer the ownership of the	22566
cemetery to the petitioner.	22567

If the court determines that the petitioner has met all of	22568
the following conditions, the court shall transfer the ownership	22569
of the cemetery to the petitioner and shall order the board to	22570
give the petitioner all necessary records and documents concerning	22571
the cemetery, including records of the board's sale of any lots	22572
pursuant to section 517.07 of the Revised Code:	22573

(A) The petitioner has the financial resources necessary to	22574
operate and maintain the cemetery;	22575

(B) The petitioner is in compliance with all applicable laws	22576
and administrative rules concerning the owners and operators of	22577
cemeteries, including registration under section 4767.02 of the	22578
Revised Code; and	22579

22580

Sec. 715.691. (A) As used in this section:

22581

(1) "Contracting party" means a municipal corporation that	22582
has entered into a joint economic development zone contract or any	22583
party succeeding to the municipal corporation, or a township that	22584
entered into a joint economic development zone contract with a	22585
municipal corporation.	22586

(2) "Zone" means a joint economic development zone designated	22587
under this section.	22588

(B) This section provides alternative procedures and	22589
requirements for creating and operating a joint economic	22590
development zone to those set forth in section 715.69 of the	22591
Revised Code. This section applies only if one of the contracting	22592
parties to the zone does not levy a municipal income tax under	22593
Chapter 718. of the Revised Code. A municipal corporation that	22594
does not levy a municipal income tax may enter into an agreement	22595
to create and operate a joint economic development zone under this	22596
section or under section 715.69 of the Revised Code.	22597

Two or more municipal corporations or one or more townships	22598
and one or more municipal corporations may enter into a contract	22599
whereby they agree to share in the costs of improvements for an	22600
area or areas located in one or more of the contracting parties	22601
that they designate as a joint economic development zone for the	22602
purpose of facilitating new or expanded growth for commercial or	22603
economic development in the state. The contract and zone shall	22604
meet the requirements of divisions (B) to (J) of this section.	22605

(C) The contract shall set forth each contracting party's	22606
contribution to the joint economic development zone. The	22607
contributions may be in any form that the contracting parties	22608
agree to, and may include, but are not limited to, the provision	22609
of services, money, or equipment. The contract may be amended,	22610
renewed, or terminated with the consent of the contracting	22611
parties. The contract shall continue in existence throughout the	22612
term it specifies and shall be binding on the contracting parties	22613
and on any entities succeeding to the contracting parties.	22614

(D) Before the legislative authority of any of the	22615
contracting parties enacts an ordinance or resolution approving a	22616
contract to designate a joint economic development zone, the	22617
legislative authority of each of the contracting parties shall	22618
hold a public hearing concerning the contract and zone. Each	22619
legislative authority shall provide at least thirty days' public	22620
notice of the time and place of the public hearing in a newspaper	22621
of general circulation in the municipal corporation or township.	22622
During the thirty-day period prior to the public hearing, all of	22623
the following documents shall be available for public inspection	22624
in the office of the clerk of the legislative authority of a	22625
municipal corporation that is a contracting party and in the	22626
office of the fiscal officer of a township that is a contracting	22627
party:	22628

(1) A copy of the contract designating the zone;

22629

(2) A description of the area or areas to be included in the	22630
zone, including a map in sufficient detail to denote the specific	22631
boundaries of the area or areas;	22632

(3) An economic development plan for the zone that includes a	22633
schedule for the provision of any new, expanded, or additional	22634
services, facilities, or improvements.	22635

A public hearing held under division (D) of this section	22636
shall allow for public comment and recommendations on the contract	22637
and zone. The contracting parties may include in the contract any	22638
of those recommendations prior to approval of the contract.	22639

(E) After the public hearings required under division (D) of	22640
this section have been held, each contracting party may enact an	22641
ordinance or resolution approving the contract to designate a	22642
joint economic development zone. After each contracting party has	22643
enacted an ordinance or resolution, the clerk of the legislative	22644
authority of a municipal corporation that is a contracting party	22645
and the fiscal officer of a township that is a contracting party	22646
shall file with the board of elections of each county within which	22647
a contracting party is located a copy of the ordinance or	22648
resolution approving the contract and shall direct the board of	22649
elections to submit the ordinance or resolution to the electors of	22650
the contracting party on the day of the next general, primary, or	22651
special election occurring at least ninety days after the	22652
ordinance or resolution is filed with the board of elections. If	22653
any of the contracting parties is a township, however, then only	22654
the township or townships shall submit the resolution to the	22655
electors.	22656

(F)(1) If a vote is required to approve a municipal	22657
corporation as a contracting party to a joint economic development	22658
zone under this section, the ballot shall be in the following	22659
form:	22660

"Shall the ordinance of the legislative authority of the	22661
(city or village) of (name of contracting party) approving the	22662
contract with (name of each other contracting party) for the	22663
designation of a joint economic development zone be approved?	22664

22665

		FOR THE ORDINANCE AND CONTRACT			22666
		AGAINST THE ORDINANCE AND CONTRACT	"		22667

22668

(2) If a vote is required to approve a township as a	22669
contracting party to a joint economic development zone under this	22670
section, the ballot shall be in the following form:	22671

"Shall the resolution of the board of township trustees of	22672
the township of (name of contracting party) approving the contract	22673
with (name of each other contracting party) for the designation of	22674
a joint economic development zone be approved?	22675

22676

		FOR THE RESOLUTION AND CONTRACT			22677
		AGAINST THE RESOLUTION AND CONTRACT	"		22678

22679

If a majority of the electors of each contracting party	22680
voting on the issue vote for the ordinance or resolution and	22681
contract, the ordinance or resolution shall become effective	22682
immediately and the contract shall go into effect immediately or	22683
in accordance with its terms.	22684

(G)(1) A board of directors shall govern each joint economic	22685
development zone created under section 715.691 of the Revised	22686
Code. The members of the board shall be appointed as provided in	22687
the contract. Each of the contracting parties shall appoint three	22688
members to the board. Terms for each member shall be for two	22689
years, each term ending on the same day of the month of the year	22690
as did the term that it succeeds. A member may be reappointed to	22691
the board.	22692

(2) Membership on the board is not the holding of a public	22693
office or employment within the meaning of any section of the	22694
Revised Code or any charter provision prohibiting the holding of	22695
other public office or employment. Membership on the board is not	22696
a direct or indirect interest in a contract or expenditure of	22697
money by a municipal corporation, township, county, or other	22698
political subdivision with which a member may be affiliated.	22699
Notwithstanding any provision of law or a charter to the contrary,	22700
no member of the board shall forfeit or be disqualified from	22701
holding any public office or employment by reason of membership on	22702
the board.	22703

(3) The board is a public body for the purposes of section	22704
121.22 of the Revised Code. Chapter 2744. of the Revised Code	22705
applies to the board and the zone.	22706

(H) The contract may grant to the board of directors	22707
appointed under division (G) of this section the power to adopt a	22708
resolution to levy an income tax within the zone. The income tax	22709
shall be used for the purposes of the zone and for the purposes of	22710
the contracting ~~municipal corporations~~parties pursuant to the	22711
contract. The income tax may be levied in the zone based on income	22712
earned by persons working within the zone and on the net profits	22713
of businesses located in the zone. The income tax is subject to	22714
Chapter 718. of the Revised Code, except that a vote shall be	22715
required by the electors residing in the zone to approve the rate	22716
of income tax unless a majority of the electors residing within	22717
the zone, as determined by the total number of votes cast in the	22718
zone for the office of governor at the most recent general	22719
election for that office, submit a petition to the board	22720
requesting that the election provided for in division (H)(1) of	22721
this section not be held. If no electors reside within the zone,	22722
then division (H)(3) of this section applies. The rate of the	22723
income tax shall be no higher than the highest rate being levied	22724
by a municipal corporation that is a party to the contract.	22725

(1) The board of directors may levy an income tax at a rate	22726
that is not higher than the highest rate being levied by a	22727
municipal corporation that is a party to the contract, provided	22728
that the rate of the income tax is first submitted to and approved	22729
by the electors of the zone at the succeeding regular or primary	22730
election, or a special election called by the board, occurring	22731
subsequent to ninety days after a certified copy of the resolution	22732
levying the income tax and calling for the election is filed with	22733
the board of elections. If the voters approve the levy of the	22734
income tax, the income tax shall be in force for the full period	22735
of the contract establishing the zone. No election shall be held	22736
under this section if a majority of the electors residing within	22737
the zone, determined as specified in division (H) of this section,	22738
submit a petition to that effect to the board of directors. Any	22739
increase in the rate of an income tax by the board of directors	22740
shall be approved by a vote of the electors of the zone and shall	22741
be in force for the remaining period of the contract establishing	22742
the zone.	22743

(2) Whenever a zone is located in the territory of more than	22744
one contracting party, a majority vote of the electors in each of	22745
the several portions of the territory of the contracting parties	22746
constituting the zone approving the levy of the tax is required	22747
before it may be imposed under division (H) of this section.	22748

(3) If no electors reside in the zone, no election for the	22749
approval or rejection of an income tax shall be held under this	22750
section, provided that where no electors reside in the zone, the	22751
rate of the income tax shall be no higher than the highest rate	22752
being levied by a municipal corporation that is a party to the	22753
contract.	22754

(4) The board of directors of a zone levying an income tax	22755
shall enter into an agreement with one of the municipal	22756
corporations that is a party to the contract to administer,	22757
collect, and enforce the income tax on behalf of the zone.	22758

(5) The board of directors of a zone shall publish or post	22759
public notice within the zone of any resolution adopted levying an	22760
income tax in the same manner required of municipal corporations	22761
under sections 731.21 and 731.25 of the Revised Code.	22762

(I)(1) If for any reason a contracting party reverts to or	22763
has its boundaries changed so that it is classified as a township	22764
that is the entity succeeding to that contracting party, the	22765
township is considered to be a municipal corporation for the	22766
purposes of the contract for the full period of the contract	22767
establishing the joint economic development zone, except that if	22768
that contracting party is administering, collecting, and enforcing	22769
the income tax on behalf of the district as provided in division	22770
(H)(4) of this section, the contract shall be amended to allow one	22771
of the other contracting parties to administer, collect, and	22772
enforce that tax.	22773

(2) Notwithstanding any other section of the Revised Code, if	22774
there is any change in the boundaries of a township so that a	22775
municipal corporation once located within the township is no	22776
longer so located, the township shall remain in existence even	22777
though its remaining unincorporated area contains less than	22778
twenty-two square miles, if the township has been or becomes a	22779
party to a contract creating a joint economic development zone	22780
under this section or the contract creating that joint economic	22781
development zone under this section is terminated or repudiated	22782
for any reason by any party or person. The township shall continue	22783
its existing status in all respects, including having the same	22784
form of government and the same elected board of trustees as its	22785
governing body. The township shall continue to receive all of its	22786
tax levies and sources of income as a township in accordance with	22787
any section of the Revised Code, whether the levies and sources of	22788
income generate millage within the ten-mill limitation or in	22789
excess of the ten-mill limitation. The name of the township may be	22790
changed to the name of the contracting party appearing in the	22791
contract creating a joint economic development zone under this	22792
section, so long as the name does not conflict with any other name	22793
in the state that has been certified by the secretary of state.	22794
The township shall have all of the powers set out in sections	22795
715.79, 715.80, and 715.81 of the Revised Code.	22796

(J) If, after creating and operating a joint economic	22797
development zone under this section, a contracting party that did	22798
not levy a municipal income tax under Chapter 718. of the Revised	22799
Code levies such a tax, the tax shall not apply to the zone for	22800
the full period of the contract establishing the zone, if the	22801
board of directors of the zone has levied an income tax as	22802
provided in division (H) of this section.	22803

Sec. 718.01. (A) As used in this chapter:

22804

(1) "Adjusted federal taxable income" means a C corporation's	22805
federal taxable income before net operating losses and special	22806
deductions as determined under the Internal Revenue Code, adjusted	22807
as follows:	22808

(a) Deduct intangible income to the extent included in	22809
federal taxable income. The deduction shall be allowed regardless	22810
of whether the intangible income relates to assets used in a trade	22811
or business or assets held for the production of income.	22812

(b) Add an amount equal to five per cent of intangible income	22813
deducted under division (A)(1)(a) of this section, but excluding	22814
that portion of intangible income directly related to the sale,	22815
exchange, or other disposition of property described in section	22816
1221 of the Internal Revenue Code;	22817

(c) Add any losses allowed as a deduction in the computation	22818
of federal taxable income if the losses directly relate to the	22819
sale, exchange, or other disposition of an asset described in	22820
section 1221 or 1231 of the Internal Revenue Code;	22821

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	22822
section, deduct income and gain included in federal taxable income	22823
to the extent the income and gain directly relate to the sale,	22824
exchange, or other disposition of an asset described in section	22825
1221 or 1231 of the Internal Revenue Code;	22826

(ii) Division (A)(1)(d)(i) of this section does not apply to	22827
the extent the income or gain is income or gain described in	22828
section 1245 or 1250 of the Internal Revenue Code.	22829

(e) Add taxes on or measured by net income allowed as a	22830
deduction in the computation of federal taxable income;	22831

(f) In the case of a real estate investment trust and	22832
regulated investment company, add all amounts with respect to	22833
dividends to, distributions to, or amounts set aside for or	22834
credited to the benefit of investors and allowed as a deduction in	22835
the computation of federal taxable income;	22836

(g) Deduct, to the extent not otherwise deducted or excluded	22837
in computing federal taxable income, any income derived from	22838
providing public services under a contract through a project owned	22839
by the state, as described in section 126.604 of the Revised Code	22840
or derived from a transfer agreement or from the enterprise	22841
transferred under that agreement under section 4313.02 of the	22842
Revised Code.	22843

If the taxpayer is not a C corporation and is not an	22844
individual, the taxpayer shall compute adjusted federal taxable	22845
income as if the taxpayer were a C corporation, except guaranteed	22846
payments and other similar amounts paid or accrued to a partner,	22847
former partner, member, or former member shall not be allowed as a	22848
deductible expense; amounts paid or accrued to a qualified	22849
self-employed retirement plan with respect to an owner or	22850
owner-employee of the taxpayer, amounts paid or accrued to or for	22851
health insurance for an owner or owner-employee, and amounts paid	22852
or accrued to or for life insurance for an owner or owner-employee	22853
shall not be allowed as a deduction.	22854

Nothing in division (A)(1) of this section shall be construed	22855
as allowing the taxpayer to add or deduct any amount more than	22856
once or shall be construed as allowing any taxpayer to deduct any	22857
amount paid to or accrued for purposes of federal self-employment	22858
tax.	22859

Nothing in this chapter shall be construed as limiting or	22860
removing the ability of any municipal corporation to administer,	22861
audit, and enforce the provisions of its municipal income tax.	22862

(2) "Internal Revenue Code" means the Internal Revenue Code	22863
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	22864

(3) "Schedule C" means internal revenue service schedule C	22865
filed by a taxpayer pursuant to the Internal Revenue Code.	22866

(4) "Form 2106" means internal revenue service form 2106	22867
filed by a taxpayer pursuant to the Internal Revenue Code.	22868

(5) "Intangible income" means income of any of the following	22869
types: income yield, interest, capital gains, dividends, or other	22870
income arising from the ownership, sale, exchange, or other	22871
disposition of intangible property including, but not limited to,	22872
investments, deposits, money, or credits as those terms are	22873
defined in Chapter 5701. of the Revised Code, and patents,	22874
copyrights, trademarks, tradenames, investments in real estate	22875
investment trusts, investments in regulated investment companies,	22876
and appreciation on deferred compensation. "Intangible income"	22877
does not include prizes, awards, or other income associated with	22878
any lottery winnings or other similar games of chance.	22879

(6) "S corporation" means a corporation that has made an	22880
election under subchapter S of Chapter 1 of Subtitle A of the	22881
Internal Revenue Code for its taxable year.	22882

(7) For taxable years beginning on or after January 1, 2004,	22883
"net profit" for a taxpayer other than an individual means	22884
adjusted federal taxable income and "net profit" for a taxpayer	22885
who is an individual means the individual's profit required to be	22886
reported on schedule C, schedule E, or schedule F, other than any	22887
amount allowed as a deduction under division (E)(2) or (3) of this	22888
section or amounts described in division (H) of this section.	22889

(8) "Taxpayer" means a person subject to a tax on income	22890
levied by a municipal corporation. Except as provided in division	22891
(L) of this section, "taxpayer" does not include any person that	22892
is a disregarded entity or a qualifying subchapter S subsidiary	22893
for federal income tax purposes, but "taxpayer" includes any other	22894
person who owns the disregarded entity or qualifying subchapter S	22895
subsidiary.	22896

(9) "Taxable year" means the corresponding tax reporting	22897
period as prescribed for the taxpayer under the Internal Revenue	22898
Code.	22899

(10) "Tax administrator" means the individual charged with	22900
direct responsibility for administration of a tax on income levied	22901
by a municipal corporation and includes:	22902

(a) The central collection agency and the regional income tax	22903
agency and their successors in interest, and other entities	22904
organized to perform functions similar to those performed by the	22905
central collection agency and the regional income tax agency;	22906

(b) A municipal corporation acting as the agent of another	22907
municipal corporation; and	22908

(c) Persons retained by a municipal corporation to administer	22909
a tax levied by the municipal corporation, but only if the	22910
municipal corporation does not compensate the person in whole or	22911
in part on a contingency basis.	22912

(11) "Person" includes individuals, firms, companies,	22913
business trusts, estates, trusts, partnerships, limited liability	22914
companies, associations, corporations, governmental entities, and	22915
any other entity.	22916

(12) "Schedule E" means internal revenue service schedule E	22917
filed by a taxpayer pursuant to the Internal Revenue Code.	22918

(13) "Schedule F" means internal revenue service schedule F	22919
filed by a taxpayer pursuant to the Internal Revenue Code.	22920

(14) "Supplemental executive retirement plan" means a	22921
nonqualified deferred compensation plan maintained by an employer	22922
to provide retirement income for certain employees, including	22923
excess benefit plans. "Supplemental executive retirement plan"	22924
does not include any portion of a nonqualified deferred	22925
compensation plan that is funded by a salary reduction agreement.	22926

(B) No municipal corporation shall tax income at other than a	22927
uniform rate.	22928

(C) No municipal corporation shall levy a tax on income at a	22929
rate in excess of one per cent without having obtained the	22930
approval of the excess by a majority of the electors of the	22931
municipality voting on the question at a general, primary, or	22932
special election. The legislative authority of the municipal	22933
corporation shall file with the board of elections at least ninety	22934
days before the day of the election a copy of the ordinance	22935
together with a resolution specifying the date the election is to	22936
be held and directing the board of elections to conduct the	22937
election. The ballot shall be in the following form: "Shall the	22938
Ordinance providing for a ... per cent levy on income for (Brief	22939
description of the purpose of the proposed levy) be passed?	22940

22941

		FOR THE INCOME TAX			22942
		AGAINST THE INCOME TAX	"		22943

22944

In the event of an affirmative vote, the proceeds of the levy	22945
may be used only for the specified purpose.	22946

(D)(1) Except as otherwise provided in this section, no	22947
municipal corporation shall exempt from a tax on income	22948
compensation for personal services of individuals over eighteen	22949
years of age or the net profit from a business or profession.	22950

(2)(a) For taxable years beginning on or after January 1,	22951
2004, no municipal corporation shall tax the net profit from a	22952
business or profession using any base other than the taxpayer's	22953
adjusted federal taxable income.	22954

(b) Division (D)(2)(a) of this section does not apply to any	22955
taxpayer required to file a return under section 5745.03 of the	22956
Revised Code or to the net profit from a sole proprietorship.	22957

(E)(1) The legislative authority of a municipal corporation	22958
may, by ordinance or resolution, exempt from withholding and from	22959
a tax on income the following:	22960

(a) Compensation arising from the sale, exchange, or other	22961
disposition of a stock option, the exercise of a stock option, or	22962
the sale, exchange, or other disposition of stock purchased under	22963
a stock option; or	22964

(b) Compensation attributable to a nonqualified deferred	22965
compensation plan or program described in section 3121(v)(2)(C) of	22966
the Internal Revenue Code.	22967

(2) The legislative authority of a municipal corporation may	22968
adopt an ordinance or resolution that allows a taxpayer who is an	22969
individual to deduct, in computing the taxpayer's municipal income	22970
tax liability, an amount equal to the aggregate amount the	22971
taxpayer paid in cash during the taxable year to a health savings	22972
account of the taxpayer, to the extent the taxpayer is entitled to	22973
deduct that amount on internal revenue service form 1040.	22974

(3) The legislative authority of a municipal corporation may	22975
adopt an ordinance or resolution that allows a taxpayer who has a	22976
net profit from a business or profession that is operated as a	22977
sole proprietorship to deduct from that net profit the amount that	22978
the taxpayer paid during the taxable year for medical care	22979
insurance premiums for the taxpayer, the taxpayer's spouse, and	22980
dependents as defined in section 5747.01 of the Revised Code. The	22981
deduction shall be allowed to the same extent the taxpayer is	22982
entitled to deduct the premiums on internal revenue service form	22983
1040. The deduction allowed under this division shall be net of	22984
any related premium refunds, related premium reimbursements, or	22985
related insurance premium dividends received by the taxpayer	22986
during the taxable year.	22987

(F) If an individual's taxable income includes income against	22988
which the taxpayer has taken a deduction for federal income tax	22989
purposes as reportable on the taxpayer's form 2106, and against	22990
which a like deduction has not been allowed by the municipal	22991
corporation, the municipal corporation shall deduct from the	22992
taxpayer's taxable income an amount equal to the deduction shown	22993
on such form allowable against such income, to the extent not	22994
otherwise so allowed as a deduction by the municipal corporation.	22995

(G)(1) In the case of a taxpayer who has a net profit from a	22996
business or profession that is operated as a sole proprietorship,	22997
no municipal corporation may tax or use as the base for	22998
determining the amount of the net profit that shall be considered	22999
as having a taxable situs in the municipal corporation, an amount	23000
other than the net profit required to be reported by the taxpayer	23001
on schedule C or F from such sole proprietorship for the taxable	23002
year.	23003

(2) In the case of a taxpayer who has a net profit from	23004
rental activity required to be reported on schedule E, no	23005
municipal corporation may tax or use as the base for determining	23006
the amount of the net profit that shall be considered as having a	23007
taxable situs in the municipal corporation, an amount other than	23008
the net profit from rental activities required to be reported by	23009
the taxpayer on schedule E for the taxable year.	23010

(H) A municipal corporation shall not tax any of the	23011
following:	23012

(1) The military pay or allowances of members of the armed	23013
forces of the United States and of members of their reserve	23014
components, including the Ohio national guard;	23015

(2) The income of religious, fraternal, charitable,	23016
scientific, literary, or educational institutions to the extent	23017
that such income is derived from tax-exempt real estate,	23018
tax-exempt tangible or intangible property, or tax-exempt	23019
activities;	23020

(3) Except as otherwise provided in division (I) of this	23021
section, intangible income;	23022

(4) Compensation paid under section 3501.28 or 3501.36 of the	23023
Revised Code to a person serving as a precinct election official,	23024
to the extent that such compensation does not exceed one thousand	23025
dollars annually. Such compensation in excess of one thousand	23026
dollars may be subjected to taxation by a municipal corporation. A	23027
municipal corporation shall not require the payer of such	23028
compensation to withhold any tax from that compensation.	23029

(5) Compensation paid to an employee of a transit authority,	23030
regional transit authority, or regional transit commission created	23031
under Chapter 306. of the Revised Code for operating a transit bus	23032
or other motor vehicle for the authority or commission in or	23033
through the municipal corporation, unless the bus or vehicle is	23034
operated on a regularly scheduled route, the operator is subject	23035
to such a tax by reason of residence or domicile in the municipal	23036
corporation, or the headquarters of the authority or commission is	23037
located within the municipal corporation;	23038

(6) The income of a public utility, when that public utility	23039
is subject to the tax levied under section 5727.24 or 5727.30 of	23040
the Revised Code, except a municipal corporation may tax the	23041
following, subject to Chapter 5745. of the Revised Code:	23042

(a) Beginning January 1, 2002, the income of an electric	23043
company or combined company;	23044

(b) Beginning January 1, 2004, the income of a telephone	23045
company.	23046

As used in division (H)(6) of this section, "combined	23047
company," "electric company," and "telephone company" have the	23048
same meanings as in section 5727.01 of the Revised Code.	23049

(7) On and after January 1, 2003, items excluded from federal	23050
gross income pursuant to section 107 of the Internal Revenue Code;	23051

(8) On and after January 1, 2001, compensation paid to a	23052
nonresident individual to the extent prohibited under section	23053
718.011 of the Revised Code;	23054

(9)(a) Except as provided in ~~division~~divisions (H)(9)(b) and	23055
(c) of this section, an S corporation shareholder's distributive	23056
share of net profits of the S corporation, other than any part of	23057
the distributive share of net profits that represents wages as	23058
defined in section 3121(a) of the Internal Revenue Code or net	23059
earnings from self-employment as defined in section 1402(a) of the	23060
Internal Revenue Code.	23061

(b) If, pursuant to division (H) of former section 718.01 of	23062
the Revised Code as it existed before March 11, 2004, a majority	23063
of the electors of a municipal corporation voted in favor of the	23064
question at an election held on November 4, 2003, the municipal	23065
corporation may continue after 2002 to tax an S corporation	23066
shareholder's distributive share of net profits of an S	23067
corporation.	23068

(c) If, on December 6, 2002, a municipal corporation was	23069
imposing, assessing, and collecting a tax on an S corporation	23070
shareholder's distributive share of net profits of the S	23071
corporation to the extent the distributive share would be	23072
allocated or apportioned to this state under divisions (B)(1) and	23073
(2) of section 5733.05 of the Revised Code if the S corporation	23074
were a corporation subject to taxes imposed under Chapter 5733. of	23075
the Revised Code, the municipal corporation may continue to impose	23076
the tax on such distributive shares to the extent such shares	23077
would be so allocated or apportioned to this state only until	23078
December 31, 2004, unless a majority of the electors of the	23079
municipal corporation voting on the question of continuing to tax	23080
such shares after that date vote in favor of that question at an	23081
election held November 2, 2004. If a majority of those electors	23082
vote in favor of the question, the municipal corporation may	23083
continue after December 31, 2004, to impose the tax on such	23084
distributive shares only to the extent such shares would be so	23085
allocated or apportioned to this state.	23086

(d) For the purposes of division (D) of section 718.14 of the	23087
Revised Code, a municipal corporation shall be deemed to have	23088
elected to tax S corporation shareholders' distributive shares of	23089
net profits of the S corporation in the hands of the shareholders	23090
if a majority of the electors of a municipal corporation vote in	23091
favor of a question at an election held under division (H)(9)(b)	23092
or (c) of this section. The municipal corporation shall specify by	23093
ordinance or rule that the tax applies to the distributive share	23094
of a shareholder of an S corporation in the hands of the	23095
shareholder of the S corporation.	23096

(10) Employee compensation that is not "qualifying wages" as	23097
defined in section 718.03 of the Revised Code;	23098

(11) Beginning August 1, 2007, compensation paid to a person	23099
employed within the boundaries of a United States air force base	23100
under the jurisdiction of the United States air force that is used	23101
for the housing of members of the United States air force and is a	23102
center for air force operations, unless the person is subject to	23103
taxation because of residence or domicile. If the compensation is	23104
subject to taxation because of residence or domicile, municipal	23105
income tax shall be payable only to the municipal corporation of	23106
residence or domicile.	23107

(12) Compensation paid to a person for personal services	23108
performed for a political subdivision on property owned by the	23109
political subdivision, regardless of whether the compensation is	23110
received by an employee of the subdivision or another person	23111
performing services for the subdivision under a contract with the	23112
subdivision, if the property on which services are performed is	23113
annexed to a municipal corporation pursuant to section 709.023 of	23114
the Revised Code on or after ~~the effective date of the amendment~~	23115
~~of this section~~March 27, 2013, unless the person is subject to	23116
such taxation because of residence or domicile. If the	23117
compensation is subject to taxation because of residence or	23118
domicile, municipal income tax shall be payable only to the	23119
municipal corporation of residence or domicile.	23120

(I) Any municipal corporation that taxes any type of	23121
intangible income on March 29, 1988, pursuant to Section 3 of	23122
Amended Substitute Senate Bill No. 238 of the 116th general	23123
assembly, may continue to tax that type of income after 1988 if a	23124
majority of the electors of the municipal corporation voting on	23125
the question of whether to permit the taxation of that type of	23126
intangible income after 1988 vote in favor thereof at an election	23127
held on November 8, 1988.	23128

(J) Nothing in this section or section 718.02 of the Revised	23129
Code shall authorize the levy of any tax on income that a	23130
municipal corporation is not authorized to levy under existing	23131
laws or shall require a municipal corporation to allow a deduction	23132
from taxable income for losses incurred from a sole proprietorship	23133
or partnership.	23134

(K)(1) Nothing in this chapter prohibits a municipal	23135
corporation from allowing, by resolution or ordinance, a net	23136
operating loss carryforward.	23137

(2) Nothing in this chapter requires a municipal corporation	23138
to allow a net operating loss carryforward.	23139

(L)(1) A single member limited liability company that is a	23140
disregarded entity for federal tax purposes may elect to be a	23141
separate taxpayer from its single member in all Ohio municipal	23142
corporations in which it either filed as a separate taxpayer or	23143
did not file for its taxable year ending in 2003, if all of the	23144
following conditions are met:	23145

(a) The limited liability company's single member is also a	23146
limited liability company;	23147

(b) The limited liability company and its single member were	23148
formed and doing business in one or more Ohio municipal	23149
corporations for at least five years before January 1, 2004;	23150

(c) Not later than December 31, 2004, the limited liability	23151
company and its single member each make an election to be treated	23152
as a separate taxpayer under division (L) of this section;	23153

(d) The limited liability company was not formed for the	23154
purpose of evading or reducing Ohio municipal corporation income	23155
tax liability of the limited liability company or its single	23156
member;	23157

(e) The Ohio municipal corporation that is the primary place	23158
of business of the sole member of the limited liability company	23159
consents to the election.	23160

(2) For purposes of division (L)(1)(e) of this section, a	23161
municipal corporation is the primary place of business of a	23162
limited liability company if, for the limited liability company's	23163
taxable year ending in 2003, its income tax liability is greater	23164
in that municipal corporation than in any other municipal	23165
corporation in Ohio, and that tax liability to that municipal	23166
corporation for its taxable year ending in 2003 is at least four	23167
hundred thousand dollars.	23168

Sec. 718.03. (A) As used in this section:

23169

(1) "Other payer" means any person, other than an	23170
individual's employer or the employer's agent, that pays an	23171
individual any amount included in the federal gross income of the	23172
individual.	23173

(2) "Qualifying wages" means wages, as defined in section	23174
3121(a) of the Internal Revenue Code, without regard to any wage	23175
limitations, adjusted as follows:	23176

(a) Deduct the following amounts:

23177

(i) Any amount included in wages if the amount constitutes	23178
compensation attributable to a plan or program described in	23179
section 125 of the Internal Revenue Code;	23180

(ii) For purposes of division (B) of this section, any amount	23181
included in wages if the amount constitutes payment on account of	23182
sickness or accident disability;	23183

(iii) Any amount included in wages that is attributable to a	23184
supplemental executive retirement plan.	23185

(b) Add the following amounts:

23186

(i) Any amount not included in wages solely because the	23187
employee was employed by the employer prior to April 1, 1986;	23188

(ii) Any amount not included in wages because the amount	23189
arises from the sale, exchange, or other disposition of a stock	23190
option, the exercise of a stock option, or the sale, exchange, or	23191
other disposition of stock purchased under a stock option and the	23192
municipal corporation has not, by resolution or ordinance,	23193
exempted the amount from withholding and tax. Division	23194
(A)(2)(b)(ii) of this section applies only to those amounts	23195
constituting ordinary income.	23196

(iii) Any amount not included in wages if the amount is an	23197
amount described in section 401(k) or 457 of the Internal Revenue	23198
Code. Division (A)(2)(b)(iii) of this section applies only to	23199
employee contributions and employee deferrals.	23200

(iv) Any amount that is supplemental unemployment	23201
compensation benefits described in section 3402(o)(2) of the	23202
Internal Revenue Code and not included in wages.	23203

(c) Deduct any amount attributable to a nonqualified deferred	23204
compensation plan or program described in section 3121(v)(2)(C) of	23205
the Internal Revenue Code if the compensation is included in wages	23206
and has, by resolution or ordinance, been exempted from taxation	23207
by the municipal corporation.	23208

(d) Deduct any amount included in wages if the amount arises	23209
from the sale, exchange, or other disposition of a stock option,	23210
the exercise of a stock option, or the sale, exchange, or other	23211
disposition of stock purchased under a stock option and the	23212
municipal corporation has, by resolution or ordinance, exempted	23213
the amount from withholding and tax.	23214

(B) Except as provided in division (F) of this section, for	23215
taxable years beginning after 2003, no municipal corporation shall	23216
require any employer or any agent of any employer or any other	23217
payer, to withhold tax with respect to any amount other than	23218
qualifying wages. Nothing in this section prohibits an employer	23219
from withholding tax on a basis greater than qualifying wages.	23220

(C) An employer is not required to make any withholding with	23221
respect to an individual's disqualifying disposition of an	23222
incentive stock option if, at the time of the disqualifying	23223
disposition, the individual is not an employee of the corporation	23224
with respect to whose stock the option has been issued.	23225

(D)(1) An employee is not relieved from liability for a tax	23226
by the failure of the employer to withhold the tax as required by	23227
a municipal corporation or by the employer's exemption from the	23228
requirement to withhold the tax.	23229

(2) The failure of an employer to remit to the municipal	23230
corporation the tax withheld relieves the employee from liability	23231
for that tax unless the employee colluded with the employer in	23232
connection with the failure to remit the tax withheld.	23233

(E) Compensation deferred before June 26, 2003, is not	23234
subject to any municipal corporation income tax or municipal	23235
income tax withholding requirement to the extent the deferred	23236
compensation does not constitute qualifying wages at the time the	23237
deferred compensation is paid or distributed.	23238

(F) A municipal corporation may require a casino facility or	23239
a casino operator, as defined in Section 6(C)(9) of Article XV,	23240
Ohio Constitution, and section 3772.01 of the Revised Code,	23241
respectively, or a lottery sales agent conducting video lottery	23242
terminals on behalf of the state to withhold and remit tax with	23243
respect to amounts other than qualifying wages.	23244

Sec. 721.01. Municipal corporations have special power to	23245
sell or lease real estate or to sell personal property belonging	23246
to the municipal corporation, when such real estate or personal	23247
property is not needed for any municipal purpose. Such power shall	23248
be exercised in the manner provided by ~~sections 721.01 to 721.26,~~	23249
~~inclusive, of the Revised Code~~this chapter.	23250

Sec. 721.03. No contract, except as provided in section	23251
721.28 of the Revised Code, for the sale or lease of real estate	23252
belonging to a municipal corporation shall be made unless	23253
authorized by an ordinance, approved by a two-thirds vote of the	23254
members of the legislative authority of such municipal	23255
corporation, and by the board or officer having supervision or	23256
management of such real estate. When the contract is so	23257
authorized, it shall be made in writing by such board or officer,	23258
and, except as provided in section 721.27 or 721.29 of the Revised	23259
Code, only with the highest bidder, after advertisement once a	23260
week for five consecutive weeks in a newspaper of general	23261
circulation within the municipal corporation or as provided in	23262
section 7.16 of the Revised Code. Such board or officer may reject	23263
any bids and readvertise until all such real estate is sold or	23264
leased.	23265

Sec. 721.29. The legislative authority of a city may sell to	23266
a board of county commissioners real estate belonging to the city	23267
that is no longer needed for city purposes upon such lawful terms	23268
as are agreed upon between the city and the board of county	23269
commissioners, without competitive bidding as required by section	23270
721.03 of the Revised Code. No such sale shall be made unless the	23271
contract for the sale is authorized by ordinance, approved by a	23272
two-thirds vote of the members of the legislative authority of the	23273
city, and by the board or officer having supervision or management	23274
of the real estate.	23275

Sec. 731.091. (A) The legislative authority of a village may,	23276
by the adoption of an ordinance or resolution to eliminate	23277
staggered terms of office, determine that all members of the	23278
legislative authority shall be elected at the same municipal	23279
election as provided for in this section.	23280

(B) At the regular municipal election occurring not less than	23281
ninety days after the certification of the ordinance or resolution	23282
to the board of elections eliminating staggered terms of office,	23283
the following apply:	23284

(1) If there are six members of the legislative authority,	23285
~~three~~the number of members eligible for election at that regular	23286
municipal election shall be elected ~~at the next regular municipal~~	23287
~~election for~~to two-year nonstaggered terms, and all members of	23288
the legislative authority shall be elected to four-year	23289
nonstaggered terms at all following municipal elections.	23290

(2) If there are five members of the legislative authority,	23291
~~three~~a number of members that is one less than the number of	23292
members that would otherwise be eligible for election at that	23293
regular municipal election but for the first-time implementation	23294
of the new membership of five, or, in the case of a village that	23295
has previously reduced its number of members to five, then the	23296
number of members eligible for election at that regular municipal	23297
election shall be elected ~~at the next municipal election for~~to	23298
two-year nonstaggered terms, and all members shall be elected to	23299
four-year nonstaggered terms at all following municipal elections.	23300

Sec. 737.41. (A) The legislative authority of a municipal	23301
corporation in which is established a municipal court, other than	23302
a county-operated municipal court, that has a department of	23303
probation shall establish in the municipal treasury a municipal	23304
probation services fund. The fund shall contain all moneys paid to	23305
the treasurer of the municipal corporation under section 2951.021	23306
of the Revised Code for deposit into the fund. The treasurer of	23307
the municipal corporation shall disburse the money contained in	23308
the fund at the request of the municipal court department of	23309
probation, for use only by that department for specialized staff,	23310
purchase of equipment, purchase of services, reconciliation	23311
programs for offenders and victims, other treatment programs,	23312
including ~~alcohol and drug~~community addiction ~~programs~~services	23313
providers certified under section ~~3793.06~~5119.36 of the Revised	23314
Code, determined to be appropriate by the chief probation officer,	23315
and other similar expenses related to placing offenders under a	23316
community control sanction.	23317

(B) Any money in a municipal probation services fund at the	23318
end of a fiscal year shall not revert to the treasury of the	23319
municipal corporation but shall be retained in the fund.	23320

23321

(1) "County-operated municipal court" has the same meaning as	23322
in section 1901.03 of the Revised Code.	23323

(2) "Community control sanction" has the same meaning as in	23324
section 2929.01 of the Revised Code.	23325

Sec. 742.14. (A) The board of trustees of the Ohio police	23326
and fire pension fund shall have prepared triennially by or under	23327
the supervision of an actuary an actuarial valuation of the	23328
pension assets, liabilities, and funding requirements of the Ohio	23329
police and fire pension fund as established pursuant to sections	23330
742.01 to 742.61 of the Revised Code. The actuary shall complete	23331
the valuation in accordance with actuarial standards of practice	23332
promulgated by the actuarial standards board of the American	23333
academy of actuaries and prepare a report of the valuation. The	23334
report shall include all of the following:	23335

(1) A summary of the benefit provisions evaluated;

23336

(2) A summary of the census data and financial information	23337
used in the valuation;	23338

(3) A description of the actuarial assumptions, actuarial	23339
cost method, and asset valuation method used in the valuation,	23340
including a statement of the assumed rate of payroll growth and	23341
assumed rate of growth or decline in the number of members of the	23342
fund contributing to the pension fund;	23343

(4) A summary of findings that includes a statement of the	23344
actuarial accrued pension liabilities and unfunded actuarial	23345
accrued pension liabilities;	23346

(5) A schedule showing the effect of any changes in the	23347
benefit provisions, actuarial assumptions, or cost methods since	23348
the last triennial actuarial valuation;	23349

(6) A statement of whether employee and employer	23350
contributions to the pension fund are expected to be sufficient to	23351
satisfy the funding objectives established by the board.	23352

The first triennial report shall be made not later than	23353
November 1, 2013, to the Ohio retirement study council, the	23354
director of budget and management, and the standing committees of	23355
the house of representatives and the senate with primary	23356
responsibility for retirement legislation immediately upon its	23357
availability and thereafter triennially, not later than the first	23358
day of November.	23359

(B) At such times as the board determines, and at least once	23360
in each quinquennial period, the board shall have prepared by or	23361
under the supervision of an actuary an actuarial investigation of	23362
the mortality, service, and other experience of the members of the	23363
fund and of other system retirants, as defined in section 742.26	23364
of the Revised Code, who are members of a police department or a	23365
fire department to update the actuarial assumptions used in the	23366
actuarial valuation required by division (A) of this section. The	23367
actuary shall prepare a report of the actuarial investigation. The	23368
report shall be prepared and any recommended changes in actuarial	23369
assumptions shall be made in accordance with the actuarial	23370
standards of practice promulgated by the actuarial standards board	23371
of the American academy of actuaries. The report shall include all	23372
of the following:	23373

(1) A summary of relevant decrement and economic assumption	23374
experience observed over the period of the investigation;	23375

(2) Recommended changes in actuarial assumptions to be used	23376
in subsequent actuarial valuations required by division (A) of	23377
this section;	23378

(3) A measurement of the financial effect of the recommended	23379
changes in actuarial assumptions;	23380

(4) If the investigation required by this division includes	23381
the investigation required by division (E) of this section, a	23382
report of the result of that investigation.	23383

The board shall submit the report to the Ohio retirement	23384
study council and the standing committees of the house of	23385
representatives and the senate with primary responsibility for	23386
retirement legislation not later than the first day of November	23387
following the last fiscal year of the period the report covers.	23388

(C) The board shall have prepared by or under the supervision	23389
of an actuary an actuarial analysis of any introduced legislation	23390
expected to have a measurable financial impact on the pension	23391
fund. The actuarial analysis shall be completed in accordance with	23392
the actuarial standards of practice promulgated by the actuarial	23393
standards board of the American academy of actuaries. The actuary	23394
shall prepare a report of the actuarial analysis, which shall	23395
include all of the following:	23396

(1) A summary of the statutory changes that are being	23397
evaluated;	23398

(2) A description of or reference to the actuarial	23399
assumptions and actuarial cost method used in the report;	23400

(3) A description of the participant group or groups included	23401
in the report;	23402

(4) A statement of the financial impact of the legislation,	23403
including the resulting increase, if any, in the employer normal	23404
cost percentage; the increase, if any, in actuarial accrued	23405
liabilities; and the per cent of payroll that would be required to	23406
amortize the increase in actuarial accrued liabilities as a level	23407
per cent of covered payroll for all active members of the fund	23408
over a period not to exceed thirty years;	23409

(5) A statement of whether the scheduled contributions to the	23410
system after the proposed change is enacted are expected to be	23411
sufficient to satisfy the funding objectives established by the	23412
board.	23413

Not later than sixty days from the date of introduction of	23414
the legislation, the board shall submit a copy of the actuarial	23415
analysis to the legislative service commission, the standing	23416
committees of the house of representatives and the senate with	23417
primary responsibility for retirement legislation, and the Ohio	23418
retirement study council.	23419

(D) The board shall have prepared triennially a report giving	23420
a full accounting of the revenues and costs relating to the	23421
provision of benefits under section 742.45 of the Revised Code.	23422
The first triennial report shall be made as of December 31, 2013,	23423
and the thirty-first day of December triennially thereafter. The	23424
report shall include the following:	23425

(1) A description of the statutory authority for the benefits	23426
provided;	23427

(2) A summary of the benefits;

23428

(3) A summary of the eligibility requirements for the	23429
benefits;	23430

(4) A statement of the number of participants eligible for	23431
the benefits;	23432

(5) A description of the accounting, asset valuation, and	23433
funding method used to provide the benefits;	23434

(6) A statement of the net assets available for the provision	23435
of the benefits as of the last day of the fiscal year;	23436

(7) A statement of any changes in the net assets available	23437
for the provision of benefits, including participant and employer	23438
contributions, net investment income, administrative expenses, and	23439
benefits provided to participants, as of the last day of the	23440
fiscal year;	23441

(8) For the last six consecutive fiscal years, a schedule of	23442
the net assets available for the benefits, the annual cost of	23443
benefits, administrative expenses incurred, and annual employer	23444
contributions allocated for the provision of benefits;	23445

(9) A description of any significant changes that affect the	23446
comparability of the report required under this division;	23447

(10) A statement of the amount paid under division (B) of	23448
section 742.45 of the Revised Code.	23449

The board shall submit the report to the Ohio retirement	23450
study council, the director of budget and management, and the	23451
standing committees of the house of representatives and the senate	23452
with primary responsibility for retirement legislation immediately	23453
upon its availability and not later than the thirtieth day of June	23454
following the year for which the report was made.	23455

(E) At least once in each quinquennial period, the board	23456
shall have prepared by or under the supervision of an actuary an	23457
actuarial investigation of the deferred retirement option plan	23458
established under section 742.43 of the Revised Code. The	23459
investigation shall include an examination of the financial	23460
impact, if any, on the fund of offering the plan to members.	23461

The actuary shall prepare a report of the actuarial	23462
investigation. The report shall include a determination of whether	23463
the plan, as established or modified, has a negative financial	23464
impact on the fund and, if so, recommendations on how to modify	23465
the plan to eliminate the negative financial impact. If the	23466
actuarial report indicates that the plan has a negative financial	23467
impact on the fund, the board may modify the plan or cease to	23468
allow members who have not already done so to elect to participate	23469
in the plan. The firefighter and police officers employers'	23470
contributions shall not be increased to offset any negative	23471
financial impact of the plan.	23472

If the board ceases to allow members to elect to participate	23473
in the plan, the rights and obligations of members who have	23474
already elected to participate shall not be altered.	23475

The board may include the actuarial investigation required	23476
under this division as part of the actuarial investigation	23477
required under division (B) of this section. If the report of the	23478
actuarial investigation required by this division is not included	23479
in the report required by division (B) of this section, the board	23480
shall submit the report required by this division to the Ohio	23481
retirement study council and the standing committees of the house	23482
of representatives and the senate with primary responsibility for	23483
retirement legislation not later than the first day of November	23484
following the last fiscal year of the period the report covers.	23485

Sec. 755.06. (A) The board of park commissioners shall have	23486
the expenditures of all moneys appropriated by the legislative	23487
authority of the city or received from any other source for the	23488
purchase, acquisition, improvement, maintenance, equipment, or	23489
enjoyment of all property mentioned in section 755.05 of the	23490
Revised Code, but no liability shall be incurred or expenditure	23491
made unless the money required therefor is in the treasury to the	23492
credit of the park fund and not appropriated for any other	23493
purpose.	23494

(B) Notwithstanding division (A) of this section, if the	23495
legislative authority of a municipal corporation enters into an	23496
agreement for the sale or lease of mineral rights regarding lands	23497
that the board of park commissioners manages or controls, any	23498
royalties or other moneys resulting from the sale or lease shall	23499
be deposited into a special fund that the legislative authority	23500
shall establish under division (F) of section 5705.09 of the	23501
Revised Code. The board of park commissioners shall use the fund	23502
exclusively for maintenance of lands that the board manages or	23503
controls and for the acquisition of new park lands.	23504

Sec. 901.21. (A) As used in this section and section 901.22	23505
of the Revised Code:	23506

(1) "Agricultural easement" has the same meaning as in	23507
section 5301.67 of the Revised Code.	23508

(2) "Agriculture" means those activities occurring on land	23509
devoted exclusively to agricultural use, as defined in section	23510
5713.30 of the Revised Code, or on land that constitutes a	23511
homestead.	23512

(3) "Homestead" means the portion of a farm on which is	23513
located a dwelling house, yard, or outbuildings such as a barn or	23514
garage.	23515

(B) The director of agriculture may acquire real property	23516
used predominantly in agriculture and agricultural easements by	23517
gift, devise, or bequest if, at the time an easement is granted,	23518
such an easement is on land that is valued for purposes of real	23519
property taxation at its current value for agricultural use under	23520
section 5713.31 of the Revised Code or that constitutes a	23521
homestead. Any terms may be included in an agricultural easement	23522
so acquired that are necessary or appropriate to preserve on	23523
behalf of the grantor of the easement the favorable tax	23524
consequences of the gift, devise, or bequest under the "Internal	23525
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	23526
The director, by any such means or by purchase or lease, may	23527
acquire, or acquire the use of, stationary personal property or	23528
equipment that is located on land acquired in fee by the director	23529
under this section and that is necessary or appropriate for the	23530
use of the land predominantly in agriculture.	23531

(C) The director may include, in an agricultural easement	23532
acquired under division (B) of this section, a provision to	23533
preserve a unique natural or physical feature on the land so long	23534
as the use of the land remains predominantly agricultural.	23535

(D) The director may do all things necessary or appropriate	23536
to retain the use of real property acquired in fee under division	23537
(B) of this section predominantly in agriculture, including,	23538
without limitation, performing any of the activities described in	23539
division (A)(1) or (2) of section 5713.30 of the Revised Code or	23540
entering into contracts to lease or rent the real property so	23541
acquired to persons or governmental entities that will use the	23542
land predominantly in agriculture.	23543

~~(D)~~(E)(1) When the director considers it to be necessary or	23544
appropriate, the director may sell real property acquired in fee,	23545
and stationary personal property or equipment acquired by gift,	23546
devise, bequest, or purchase, under division (B) of this section	23547
on such terms as the director considers to be advantageous to this	23548
state.	23549

(2) An agricultural easement acquired under division (B) of	23550
this section may be extinguished under the circumstances	23551
prescribed, and in accordance with the terms and conditions set	23552
forth, in the instrument conveying the agricultural easement.	23553

~~(E)~~(F) There is hereby created in the state treasury the	23554
agricultural easement purchase fund. The fund shall consist of the	23555
proceeds received from the sale of real and personal property	23556
under division ~~(D)~~(E) of this section; moneys received due to the	23557
extinguishment of agricultural easements acquired by the director	23558
under division (B) of this section or section 5301.691 of the	23559
Revised Code; moneys received due to the extinguishment of	23560
agricultural easements purchased with the assistance of matching	23561
grants made under section 901.22 of the Revised Code; gifts,	23562
bequests, devises, and contributions received by the director for	23563
the purpose of acquiring agricultural easements; and grants	23564
received from public or private sources for the purpose of	23565
purchasing agricultural easements. The fund shall be administered	23566
by the director, and moneys in the fund shall be used by the	23567
director exclusively to purchase agricultural easements under	23568
division (A) of section 5301.691 of the Revised Code and provide	23569
matching grants under section 901.22 of the Revised Code to	23570
municipal corporations, counties, townships, soil and water	23571
conservation districts established under Chapter 1515. of the	23572
Revised Code, and charitable organizations described in division	23573
(B) of section 5301.69 of the Revised Code for the purchase of	23574
agricultural easements. Money in the fund shall be used only to	23575
purchase agricultural easements on land that is valued for	23576
purposes of real property taxation at its current value for	23577
agricultural use under section 5713.31 of the Revised Code or that	23578
constitutes a homestead when the easement is purchased.	23579

~~(F)~~(G) There is hereby created in the state treasury the	23580
clean Ohio agricultural easement fund. Twelve and one-half per	23581
cent of net proceeds of obligations issued and sold pursuant to	23582
sections 151.01 and 151.09 of the Revised Code shall be deposited	23583
into the fund. The fund also shall consist of money credited to it	23584
under section 151.50 of the Revised Code. The fund shall be used	23585
by the director for the purposes of this section, section 901.22	23586
of the Revised Code, and the provisions of sections 5301.67 to	23587
5301.70 of the Revised Code governing agricultural easements.	23588
Investment earnings of the fund shall be credited to the fund and	23589
may be used to pay costs incurred by the director in administering	23590
those sections and provisions.	23591

~~(G)~~(H) The term of an agricultural easement purchased wholly	23592
or in part with money from the clean Ohio agricultural easement	23593
fund or the agricultural easement purchase fund shall be perpetual	23594
and shall run with the land.	23595

Sec. 901.22. (A) The director of agriculture, in accordance	23596
with Chapter 119. of the Revised Code, shall adopt rules that do	23597
all of the following:	23598

(1) Establish procedures and eligibility criteria for making	23599
matching grants to municipal corporations, counties, townships,	23600
soil and water conservation districts established under Chapter	23601
1515. of the Revised Code, and charitable organizations described	23602
in division (B) of section 5301.69 of the Revised Code for the	23603
purchase of agricultural easements. With respect to agricultural	23604
easements that are purchased or proposed to be purchased with such	23605
matching grants that consist in whole or in part of moneys from	23606
the clean Ohio agricultural easement fund created in section	23607
901.21 of the Revised Code, the rules shall establish all of the	23608
following:	23609

(a) Procedures for all of the following:

23610

(i) Soliciting and accepting applications for matching	23611
grants;	23612

(ii) Participation by local governments and by the public in	23613
the process of making matching grants to charitable organizations;	23614

(iii) Notifying local governments, charitable organizations,	23615
and organizations that represent the interests of farmers of the	23616
ranking system established in rules adopted under division	23617
(A)(1)(b) of this section.	23618

(b) A ranking system for applications for the matching grants	23619
that is based on the soil type, proximity of the land or other	23620
land that is conducive to agriculture as defined by rules adopted	23621
under this section and that is the subject of an application to	23622
other agricultural land or other land that is conducive to	23623
agriculture as defined by rules adopted under this section and	23624
that is already or is in the process of becoming permanently	23625
protected from development, farm stewardship, development	23626
pressure, and, if applicable, a local comprehensive land use plan	23627
involved with a proposed agricultural easement. The rules shall	23628
require that preference be given to proposed agricultural	23629
easements that involve the greatest proportion of all of the	23630
following:	23631

(i) Prime soils, unique or locally important soils,	23632
microclimates, or similar features;	23633

(ii) Land that is adjacent to or that is in close proximity	23634
to other agricultural land or other land that is conducive to	23635
agriculture as defined by rules adopted under this section and	23636
that is already or is in the process of becoming permanently	23637
protected from development, by agricultural easement or otherwise,	23638
so that a buffer would exist between the land involving the	23639
proposed agricultural easement and areas that have been developed	23640
or likely will be developed for purposes other than agriculture;	23641

(iii) The use of best management practices, including	23642
federally or state approved conservation plans, and a history of	23643
substantial compliance with applicable federal and state laws;	23644

(iv) Development pressure that is imminent, but not a result	23645
of current location in the direct path of urban development;	23646

(v) Areas identified for agricultural protection in local	23647
comprehensive land use plans.	23648

(c) Any other criteria that the director determines are	23649
necessary for selecting applications for matching grants;	23650

(d) Requirements regarding the information that must be	23651
included in the annual monitoring report that must be prepared for	23652
an agricultural easement under division (E)(2) of section 5301.691	23653
of the Revised Code, procedures for submitting a copy of the	23654
report to the office of farmland preservation in the department of	23655
agriculture, and requirements and procedures governing corrective	23656
actions that may be necessary to enforce the terms of the	23657
agricultural easement.	23658

(2) Establish provisions that shall be included in the	23659
instrument conveying to a municipal corporation, county, township,	23660
soil and water conservation district, or charitable organization	23661
any agricultural easement purchased with matching grant funds	23662
provided by the director under this section, including, without	23663
limitation, all of the following provisions:	23664

(a) A provision stating that an easement so purchased may be	23665
extinguished only if an unexpected change in the conditions of or	23666
surrounding the land that is subject to the easement makes	23667
impossible or impractical the continued use of the land for the	23668
purposes described in the easement, or if the requirements of the	23669
easement are extinguished by judicial proceedings;	23670

(b) A provision requiring that, upon the sale, exchange, or	23671
involuntary conversion of the land subject to the easement, the	23672
holder of the easement shall be paid an amount of money that is at	23673
least equal to the proportionate value of the easement compared to	23674
the total value of the land at the time the easement was acquired;	23675

(c) A provision requiring that, upon receipt of the portion	23676
of the proceeds of a sale, exchange, or involuntary conversion	23677
described in division (A)(2)(b) of this section, the municipal	23678
corporation, county, township, soil and water conservation	23679
district, or charitable organization remit to the director an	23680
amount of money equal to the percentage of the cost of purchasing	23681
the easement it received as a matching grant under this section.	23682

Moneys received by the director pursuant to rules adopted	23683
under division (A)(2)(c) of this section shall be credited to the	23684
agricultural easement purchase fund created in section 901.21 of	23685
the Revised Code.	23686

(3) Establish a provision that provides a charitable	23687
organization, municipal corporation, township, county, or soil and	23688
water conservation district with the option of purchasing	23689
agricultural easements either in installments or with a lump sum	23690
payment. The rules shall include a requirement that a charitable	23691
organization, municipal corporation, township, county, or soil and	23692
water conservation district negotiate with the seller of the	23693
agricultural easement concerning any installment payment terms,	23694
including the dates and amounts of payments and the interest rate	23695
on the outstanding balance. The rules also shall require the	23696
director to approve any method of payment that is undertaken in	23697
accordance with the rules adopted under division (A)(3) of this	23698
section.	23699

(4) Establish any other requirements that the director	23700
considers to be necessary or appropriate to implement or	23701
administer a program to make matching grants under this section	23702
and monitor those grants.	23703

(B) The director may develop guidelines regarding the	23704
acquisition of agricultural easements by the department of	23705
agriculture and the provisions of instruments conveying those	23706
easements. The director may make the guidelines available to	23707
public and private entities authorized to acquire and hold	23708
agricultural easements.	23709

(C) The director may provide technical assistance in	23710
developing a program for the acquisition and monitoring of	23711
agricultural easements to public and private entities authorized	23712
to hold agricultural easements. The technical assistance may	23713
include, without limitation, reviewing and providing advisory	23714
recommendations regarding draft instruments conveying agricultural	23715
easements.	23716

(D)(1) The director may make matching grants from the	23717
agricultural easement purchase fund and the clean Ohio	23718
agricultural easement fund to municipal corporations, counties,	23719
townships, soil and water conservation districts, and charitable	23720
organizations to assist those political subdivisions and	23721
charitable organizations in purchasing agricultural easements.	23722
Application for a matching grant shall be made on forms prescribed	23723
and provided by the director. The matching grants shall be made in	23724
compliance with the criteria and procedures established in rules	23725
adopted under this section. Instruments conveying agricultural	23726
easements purchased with matching grant funds provided under this	23727
section, at a minimum, shall include the mandatory provisions set	23728
forth in those rules.	23729

Matching grants made under this division using moneys from	23730
the clean Ohio agricultural easement fund created in section	23731
901.21 of the Revised Code may provide up to seventy-five per cent	23732
of the value of an agricultural easement as determined by a	23733
general real estate appraiser who is certified under Chapter 4763.	23734
of the Revised Code or as determined through a points-based	23735
appraisal system established under division (D)(2) of this	23736
section. Not less than twenty-five per cent of the value of the	23737
agricultural easement shall be provided by the recipient of the	23738
matching grant or donated by the person who is transferring the	23739
easement to the grant recipient. The amount of such a matching	23740
grant used for the purchase of a single agricultural easement	23741
shall not exceed one million dollars.	23742

(2) The director shall establish a points-based appraisal	23743
system for the purposes of division (D)(1) of this section. The	23744
director may include any or all of the following factors in the	23745
system:	23746

(a) Whether the applicable county auditor has determined that	23747
the land is land that is devoted exclusively to agriculture for	23748
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	23749

(b) Changes in land values following the completion of the	23750
applicable county auditor's reappraisal or triennial update;	23751

23752

(d) Proximity of the land to land that is already subject to	23753
an agricultural easement, conservation easement created under	23754
sections 5301.67 to 5301.70 of the Revised Code, or similar	23755
land-use limitation;	23756

(e) Proximity of the land to water and sewer lines, road	23757
interchanges, and nonagricultural development;	23758

(f) Parcel size and roadway frontage of the land;

23759

(g) Existence of an agreement entered into under division (D)	23760
of section 1515.08 of the Revised Code or of an operation and	23761
management plan developed under division (A) of section 1511.021	23762
of the Revised Code;	23763

(h) Existence of a comprehensive plan that is adopted under	23764
section 303.02 or 519.02 of the Revised Code or that is adopted by	23765
the planning commission of a municipal corporation under section	23766
713.06 of the Revised Code;	23767

(i) Any other factors that the director determines are	23768
necessary for inclusion in the system.	23769

(E) An agricultural easement acquired as a result of a	23770
matching grant awarded under division (D) of this section may	23771
include a provision to preserve a unique natural or physical	23772
feature on the land so long as the use of the land remains	23773
predominantly agricultural.	23774

(F) For any agricultural easement purchased with a matching	23775
grant that consists in whole or in part of moneys from the clean	23776
Ohio agricultural easement fund, the director shall be named as a	23777
grantee on the instrument conveying the easement, as shall the	23778
municipal corporation, county, township, soil and water	23779
conservation district, or charitable organization that receives	23780
the grant.	23781

~~(F)~~(G)(1) The director shall monitor and evaluate the	23782
effectiveness and efficiency of the agricultural easement program	23783
as a farmland preservation tool. On or before July 1, 1999, and	23784
the first day of July of each year thereafter, the director shall	23785
prepare and submit a report to the chairpersons of the standing	23786
committees of the senate and the house of representatives that	23787
consider legislation regarding agriculture. The report shall	23788
consider and address the following criteria to determine the	23789
program's effectiveness:	23790

(a) The number of agricultural easements purchased during the	23791
preceding year;	23792

(b) The location of those easements;

23793

(c) The number of acres of land preserved for agricultural	23794
use;	23795

(d) The amount of money used by a municipal corporation,	23796
township, county, or soil and water conservation district from any	23797
fund to purchase the agricultural easements;	23798

(e) The number of state matching grants given to purchase the	23799
agricultural easements;	23800

(f) The amount of state matching grant moneys used to	23801
purchase the agricultural easements.	23802

(2) The report also shall consider and include, at a minimum,	23803
the following information for each county to determine the	23804
program's efficiency:	23805

(a) The total number of acres in the county;

23806

(b) The total number of acres in current agricultural use;

23807

(c) The total number of acres preserved for agricultural use	23808
in the preceding year;	23809

(d) The average cost, per acre, of land preserved for	23810
agricultural use in the preceding year.	23811

Sec. 901.23. (A) There is hereby created the farmland	23812
preservation advisory board consisting of twelve voting members	23813
appointed by the director of agriculture as follows:	23814

(1) One member who is a county commissioner or a	23815
representative of a statewide organization that represents county	23816
commissioners;	23817

(2) One member who is a township trustee or a representative	23818
of a statewide organization that represents township trustees;	23819

(3) One representative of the Ohio state university;

23820

(4) One representative of a ~~national~~ nonprofit organization	23821
dedicated to the preservation of farmland;	23822

(5) One representative each of development, environmental,	23823
planning, and soil and water conservation interests;	23824

(6) One farmer from each of the state's four quadrants.

23825

Terms of office shall be staggered and shall be for three	23826
years, with each term ending on the same day of the same month as	23827
did the term that it succeeds. Each member shall hold office from	23828
the date of appointment until the end of the term for which the	23829
member was appointed, except that the term of any member who is a	23830
county commissioner or township trustee shall end when the member	23831
ceases to serve as a county commissioner or township trustee.	23832

Members may be reappointed. Vacancies shall be filled in the	23833
manner provided for original appointments. Any member appointed to	23834
fill a vacancy occurring prior to the expiration date of the term	23835
for which the member was appointed shall serve for the remainder	23836
of that term. A member shall continue to serve subsequent to the	23837
expiration date of the member's term until the member's successor	23838
takes office or until a period of sixty days has elapsed,	23839
whichever occurs first. Members shall serve at the pleasure of the	23840
director.	23841

The executive director of the office of farmland preservation	23842
in the department of agriculture or another employee of the	23843
department who is designated by the director shall serve as the	23844
nonvoting chairperson of the board. The director annually shall	23845
designate one member of the board to serve as its	23846
vice-chairperson. The board may adopt bylaws governing its	23847
operation and shall meet at a time when the director, or the	23848
director's designee, considers it appropriate in order for the	23849
board to provide advice as required under division (B) of this	23850
section.	23851

(B) The board shall provide advice to the director regarding	23852
all of the following:	23853

(1) The design and implementation of an agricultural easement	23854
purchase program;	23855

(2) The selection of applications that will be awarded	23856
matching grants under division (D) of section 901.22 of the	23857
Revised Code for the purchase of agricultural easements;	23858

(3) The design and implementation of any other statewide	23859
farmland protection measures that the director considers	23860
appropriate.	23861

(C) Serving as a member of the board does not constitute	23862
holding a public office or position of employment under the laws	23863
of this state and does not constitute grounds for removal of	23864
public officers or employees from their offices or positions of	23865
employment.	23866

(D) A board member shall be reimbursed for actual and	23867
necessary expenses incurred in the discharge of duties as a board	23868
member.	23869

Sec. 903.11. (A) The director of agriculture may enter into	23870
contracts or agreements to carry out the purposes of this chapter	23871
with any public or private person, including ~~the Ohio state~~	23872
~~university~~OSU extension ~~service~~, the natural resources	23873
conservation service in the United States department of	23874
agriculture, the environmental protection agency, the division of	23875
soil and water resources in the department of natural resources,	23876
and soil and water conservation districts established under	23877
Chapter 1515. of the Revised Code. However, the director shall not	23878
enter into a contract or agreement with a private person for the	23879
review of applications for permits to install, permits to operate,	23880
NPDES permits, or review compliance certificates that are issued	23881
under this chapter or for the inspection of a facility regulated	23882
under this chapter or with any person for the issuance of any of	23883
those permits or certificates or for the enforcement of this	23884
chapter and rules adopted under it.	23885

(B) The director may administer grants and loans using moneys	23886
from the federal government and other sources, public or private,	23887
for carrying out any of the director's functions. Nothing in this	23888
chapter shall be construed to limit the eligibility of owners or	23889
operators of animal feeding facilities or other agricultural	23890
enterprises to receive moneys from the water pollution control	23891
loan fund established under section 6111.036 of the Revised Code	23892
and the nonpoint source pollution management fund established	23893
under section 6111.037 of the Revised Code.	23894

The director of agriculture shall provide the director of	23895
environmental protection with written recommendations for	23896
providing financial assistance from those funds to agricultural	23897
enterprises. The director of environmental protection shall	23898
consider the recommendations in developing priorities for	23899
providing financial assistance from the funds.	23900

Sec. 903.30. (A) No person shall violate division (B)(1),	23901
(C)(1), (K), or (M)(1) or (2) of section 903.08 of the Revised	23902
Code or the NPDES provisions of a permit to operate.	23903

(B) No person shall violate or fail to perform any duty	23904
required by sections 903.01 to 903.07 and 903.12 of the Revised	23905
Code, violate a rule, or violate an order or term or condition of	23906
a permit issued by the director of agriculture under those	23907
sections or rules.	23908

(C) The attorney general, upon the written request of the	23909
director, shall prosecute any person who violates division (A) or	23910
(B) of this section.	23911

Sec. 903.99. (A) Whoever negligently violates division	23912
(A)~~(2)~~ of section ~~903.02 or division (A)(2) of section 903.03~~	23913
903.30 of the Revised Code ~~is guilty of a misdemeanor of the third~~	23914
~~degree on a first offense, a misdemeanor of the second degree on a~~	23915
~~second offense, and a misdemeanor of the first degree on a third~~	23916
~~or subsequent offense. Each ten-day period that the offense~~	23917
~~continues~~shall be fined not more than ten thousand dollars or	23918
imprisoned for not more than ninety days, or both. Each day of	23919
violation constitutes a separate offense. For purposes of this	23920
division, notwithstanding division (D) of section 2901.22 of the	23921
Revised Code, a person acts negligently when, because of a lapse	23922
from due care, the person fails to perceive or avoid a risk that	23923
the person's conduct may cause a certain result or may be of a	23924
certain nature. A person is negligent with respect to	23925
circumstances when, because of a lapse from due care, the person	23926
fails to perceive or avoid a risk that such circumstances may	23927
exist.	23928

(B) Whoever recklessly violates ~~the terms and conditions of a~~	23929
~~permit to install issued under section 903.02 of the Revised Code~~	23930
~~or of a permit to operate issued under section 903.03 of the~~	23931
~~Revised Code,~~ division (A) or (B)~~(1), (C)(1), or (M)(1) or (2) of~~	23932
~~section 903.08 of the Revised Code, or the NPDES provisions of a~~	23933
~~permit to operate shall be fined not more than twenty-five~~	23934
~~thousand dollars.~~of section 903.30 of the Revised Code shall be	23935
fined not more than ten thousand dollars or imprisoned for not	23936
more than one year, or both. Each day of violation constitutes a	23937
separate offense.	23938

(C) Whoever knowingly violates division ~~(K)~~(A) or (B) of	23939
section ~~903.08~~903.30 of the Revised Code is guilty of a felony	23940
and shall be fined not more than twenty-five thousand dollars or	23941
imprisoned for not more than three years, or both. Each day of	23942
violation constitutes a separate offense.	23943

Sec. 905.06. The director of agriculture shall:

23944

(A) Gather information on the performance of various	23945
agricultural additives, including distributors' and manufacturers'	23946
claims, the results of investigation or research on additives, and	23947
the conditions when they are useful, and make the information	23948
available to the public;	23949

(B) Provide and distribute, in cooperation with ~~the~~	23950
~~agricultural~~OSU extension ~~service~~, information on the use of	23951
agricultural additives;	23952

(C) Provide for the prompt and thorough investigation of	23953
written complaints received concerning agricultural additives.	23954

Sec. 909.15. All moneys from registration fees and from	23955
fines imposed and recovered under sections 909.01 to 909.18 of the	23956
Revised Code, shall be paid to the director of agriculture, who	23957
shall deposit such moneys in the state treasury to the credit of	23958
the ~~general revenue~~plant pest program fund created in section	23959
927.54 of the Revised Code.	23960

Sec. 924.06. (A) ~~Within ninety days after he has approved a~~	23961
~~proposed amendment to an agricultural commodity marketing program~~	23962
~~established before April 10, 1985, the director of agriculture~~	23963
~~shall determine by a referendum whether the eligible producers~~	23964
~~favor the proposed amendment to the program. Any proposed~~	23965
~~amendment to a marketing program established before April 10,~~	23966
~~1985, is favored by the producers of the agricultural commodity~~	23967
~~which would be affected by the proposed amendment if either of the~~	23968
~~following occurs:~~	23969

~~(1) Sixty-six and two-thirds per cent or more, by number, of~~	23970
~~the producers who vote in the referendum, vote in favor of the~~	23971
~~amendment, and represent a majority of the volume of the affected~~	23972
~~commodity that was produced in the preceding marketing year by all~~	23973
~~producers who voted in the referendum;~~	23974

~~(2) A majority of the producers who vote in the referendum,~~	23975
~~vote in favor of the amendment and represent sixty-six and~~	23976
~~two-thirds per cent, or more, of the volume of the affected~~	23977
~~commodity that was produced in the preceding marketing year by all~~	23978
~~the producers who voted in the referendum.~~	23979

~~(B)~~ Within ninety days after ~~he has approved~~approving an	23980
agricultural commodity marketing program proposed on or after	23981
~~April 10, 1985~~the effective date of this amendment, or a proposed	23982
amendment to ~~such a~~an agricultural commodity marketing program,	23983
the director of agriculture shall determine by a referendum	23984
whether the eligible producers favor the proposed marketing	23985
program or amendment. Any such marketing program or amendment to	23986
~~such~~ a marketing program is favored by the producers of the	23987
agricultural commodity that would be affected by the proposed	23988
program or amendment if a majority of the producers who vote in	23989
the referendum vote in favor of the program or amendment.	23990

~~(C)~~(B) If the producers who vote in any referendum held	23991
pursuant to this section do not favor a proposed marketing	23992
program, or proposed amendment to a program, the director shall	23993
hold no additional referendum on that proposed program or proposed	23994
amendment during the ten months following the close of the	23995
referendum at which the producers did not favor that proposed	23996
program or amendment.	23997

~~(D)~~(C) In any referendum held pursuant to this section, each	23998
eligible producer of the ~~Ohio~~ agricultural commodity ~~which~~that	23999
would be affected by the proposed marketing program, or amendment	24000
to a program, is entitled to one vote.	24001

~~(E)~~(D) In any referendum held on an agricultural commodity	24002
marketing program, or a proposed amendment to such a program,	24003
votes may be cast in person or by mailing a ballot to a polling	24004
place designated by the director. The director shall establish a	24005
three-day period during which eligible producers may vote in	24006
person during normal business hours at polling places designated	24007
by the director. The director or other appropriate person shall	24008
send a mail-in ballot by ordinary first-class mail to any eligible	24009
producer who requests one by calling the toll-free telephone	24010
number or sending in the ballot request form provided for in	24011
division ~~(F)~~(E) of this section, by calling one of the polling	24012
places designated by the director, or by any additional method	24013
that the director or operating committee may provide. No ballot	24014
returned by mail shall be valid if it is postmarked later than the	24015
third day of the election period established by the director.	24016

~~(F)~~(E) For any referendum held on an agricultural commodity	24017
marketing program, or a proposed amendment to such a program, the	24018
director or operating committee shall cause a ballot request form	24019
to be published at least thirty days before the beginning of the	24020
election period established under division ~~(E)~~(D) of this section	24021
in at least two appropriate periodicals designated by the	24022
director, and shall make the form available for reproduction to	24023
any interested group or association. The director shall provide a	24024
toll-free telephone number that producers may call to request a	24025
ballot.	24026

Sec. 927.54. The plant pest program fund is hereby created in	24027
the state treasury. The fund shall consist of money credited to it	24028
under section 909.15 of the Revised Code and under this chapter	24029
and any rules adopted under it. The director of agriculture shall	24030
use money in the fund to administer this chapter and Chapter 909.	24031
of the Revised Code.	24032

The director shall keep accurate records of all receipts into	24033
and disbursements from the fund and shall prepare, and provide	24034
upon request, an annual report classifying the receipts and	24035
disbursements that pertain to plant pests.	24036

Sec. 955.201. (A) As used in this section and in section	24037
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	24038
corporation organized by that name under Chapter 1702. of the	24039
Revised Code that consists of humane societies, veterinarians,	24040
animal shelters, companion animal breeders, dog wardens, or	24041
similar individuals and entities.	24042

(B) The Ohio pet fund shall do all of the following:

24043

(1) Establish eligibility criteria for organizations that may	24044
receive financial assistance from the Ohio pet fund. Those	24045
organizations may include any of the following:	24046

(a) An animal shelter as defined in section 4729.01 of the	24047
Revised Code;	24048

(b) A local nonprofit veterinary association that operates a	24049
program for the sterilization of dogs and cats;	24050

(c) A charitable organization that is exempt from federal	24051
income taxation under subsection 501(c)(3) of the Internal Revenue	24052
Code and a purpose of which is to support programs for the	24053
sterilization of dogs and cats and educational programs concerning	24054
the proper veterinary care of those animals.	24055

(2) Establish procedures for applying for financial	24056
assistance from the Ohio pet fund. Application procedures shall	24057
require eligible organizations to submit detailed proposals that	24058
outline the intended uses of the moneys sought.	24059

(3) Establish eligibility criteria for sterilization and	24060
educational programs for which moneys from the Ohio pet fund may	24061
be used and, consistent with division (C) of this section,	24062
establish eligibility criteria for individuals who seek	24063
sterilization for their dogs and cats from eligible organizations;	24064

(4) Establish procedures for the disbursement of moneys the	24065
Ohio pet fund receives from license plate contributions pursuant	24066
to division (C) of section 4503.551 of the Revised Code;	24067

(5) Advertise or otherwise provide notification of the	24068
availability of financial assistance from the Ohio pet fund for	24069
eligible organizations;	24070

(6) Design markings to be inscribed on "pets" license plates	24071
under section 4503.551 of the Revised Code.	24072

(C)(1) The owner of a dog or cat is eligible for dog or cat	24073
sterilization services from an eligible organization when those	24074
services are subsidized in whole or in part by money from the Ohio	24075
pet fund if any of the following applies:	24076

(a) The income of the owner's family does not exceed one	24077
hundred fifty per cent of the federal poverty guideline.	24078

(b) The owner, or any member of the owner's family who	24079
resides with the owner, is a recipient or beneficiary of one of	24080
the following government assistance programs:	24081

(i) Low-income housing assistance under the "United States	24082
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	24083
federal section 8 housing program;	24084

(ii) The Ohio works first program established by Chapter	24085
5107. of the Revised Code;	24086

(iii) ~~Title XIX of the "Social Security Act," 49 Stat. 620~~	24087
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	24088
~~assistance~~The medicaid program ~~or medicaid, provided by the~~	24089
~~department of job and family services under Chapter 5111. of the~~	24090
~~Revised Code~~;	24091

(iv) A program or law administered by the United States	24092
department of veterans' affairs or veterans' administration for	24093
any service-connected disability;	24094

(v) The supplemental nutrition assistance program established	24095
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),	24096
administered by the department of job and family services under	24097
section 5101.54 of the Revised Code;	24098

(vi) The "special supplemental nutrition program for women,	24099
infants, and children" established under the "Child Nutrition Act	24100
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	24101
by the department of health under section 3701.132 of the Revised	24102
Code;	24103

(vii) Supplemental security income under Title XVI of the	24104
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	24105
amended;	24106

(viii) Social security disability insurance benefits provided	24107
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	24108
42 U.S.C.A. 401, as amended.	24109

(c) The owner of the dog or cat submits to the eligible	24110
organization operating the sterilization program either of the	24111
following:	24112

(i) A certificate of adoption showing that the dog or cat was	24113
adopted from a licensed animal shelter, a municipal, county, or	24114
regional pound, or a holding and impoundment facility that	24115
contracts with a municipal corporation;	24116

(ii) A certificate of adoption showing that the dog or cat	24117
was adopted through a nonprofit corporation operating an animal	24118
adoption referral service whose holding facility, if any, is	24119
licensed in accordance with state law or a municipal ordinance.	24120

(2) The Ohio pet fund shall determine the type of documentary	24121
evidence that must be presented by the owner of a dog or cat to	24122
show that the income of the owner's family does not exceed one	24123
hundred fifty per cent of the federal poverty guideline or that	24124
the owner is eligible under division (C)(1)(b) of this section.	24125

(D) As used in division (C) of this section, "federal poverty	24126
guideline" means the official poverty guideline as revised	24127
annually by the United States department of health and human	24128
services in accordance with section 673(2) of the "Omnibus Budget	24129
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	24130
amended, for a family size equal to the size of the family of the	24131
person whose income is being determined.	24132

Sec. 956.07. (A) A person who is applying for a license to	24133
operate a high volume breeder or to act as or perform the	24134
functions of a dog retailer under section 956.04 or 956.05 of the	24135
Revised Code, as applicable, shall include with the application	24136
for a license a nonrefundable license application fee. For the	24137
purpose of calculating the application fee for a high volume	24138
breeder, the sale of one dog from a litter constitutes the sale of	24139
a litter. The application fees are as follows:	24140

(1) For a high volume breeder:

24141

(a) One hundred fifty dollars if the high volume breeder	24142
annually sells at least nine, but not more than fifteen litters;	24143

(b) Two hundred fifty dollars if the high volume breeder	24144
annually sells at least sixteen, but not more than twenty-five	24145
litters;	24146

(c) Three hundred fifty dollars if the high volume breeder	24147
annually sells at least twenty-six, but not more than thirty-five	24148
litters;	24149

(d) Five hundred dollars if the high volume breeder annually	24150
sells at least thirty-six, but not more than forty-five litters;	24151

(e) Seven hundred fifty dollars if the high volume breeder	24152
annually sells forty-six or more litters.	24153

(2) For a dog retailer, five hundred dollars.

24154

(B) Money collected by the director of agriculture from each	24155
application fee submitted under this section shall be ~~transmitted~~	24156
~~by the director to the treasurer of~~deposited in the state	24157
treasury to ~~be credited to~~the credit of the high volume breeder	24158
kennel control license fund created in section 956.18 of the	24159
Revised Code. The ~~treasurer of state shall transfer to the county~~	24160
~~auditor of the county in which a high volume breeder is located or~~	24161
~~will be located~~director shall use fifty dollars of the	24162
application fee submitted by ~~the~~a high volume breeder under this	24163
section or an amount equal to the fee charged ~~in that county~~ for	24164
the registration of a kennel under section 955.14 of the Revised	24165
Code in the county in which the high volume breeder is located or	24166
will be located, whichever is greater, to reimburse that county.	24167
The county auditor shall deposit the transferred money into that	24168
county's dog and kennel fund created under section 955.20 of the	24169
Revised Code.	24170

Sec. 956.18. (A) All money collected by the director of	24171
agriculture from license fees under section ~~956.08~~956.07 and	24172
civil penalties assessed under section 956.13 of the Revised Code	24173
shall be deposited in the state treasury to the credit of the high	24174
volume breeder kennel control license fund, which is hereby	24175
created. The fund shall also consist of money appropriated to it.	24176

(B) No money may be released from the fund without	24177
controlling board approval. The director shall request the	24178
controlling board to release money in an amount not to exceed two	24179
million five hundred thousand dollars per biennium.	24180

(C) The director shall use the money in the fund for the	24181
purpose of administering this chapter and rules adopted under it.	24182

Sec. 991.03. (A) The Ohio expositions commission shall:

24183

(1) Conduct at least one fair or exposition annually;

24184

(2) Maintain and manage property held by the state for the	24185
purpose of conducting fairs, expositions, and exhibits;	24186

(3) As provided in section 109.122 of the Revised Code,	24187
provide notice of or copies of any proposed entertainment or	24188
sponsorship contracts to the attorney general.	24189

(B) The commission may:

24190

(1) Conduct such additional fairs, expositions, or	24191
exhibitions as the commission determines are in the general public	24192
interest;	24193

(2) Accept on behalf of the state conveyances of property for	24194
the purposes of conducting fairs, expositions, and exhibits,	24195
subject to any terms and conditions agreed to by the commission	24196
and approved by the controlling board;	24197

(3) Accept gifts, devises, and bequests of money, lands, and	24198
other property and apply the money, lands, or other property	24199
according to the terms of the gift, devise, or bequest. A	24200
political subdivision as authorized by law may make gifts and	24201
devises to the commission, and the commission shall apply such a	24202
gift or devise according to the terms of the gift or devise. All	24203
gifts and bequests of money accepted under this division shall be	24204
deposited into the state treasury to the credit of the Ohio	24205
expositions support fund.	24206

(4) Enter into contracts that the commission considers	24207
necessary or worthwhile in the conduct of its purposes, provided	24208
that contracts made for a term exceeding two years, other than	24209
those described in division (B)(4) of this section, shall be	24210
subject to the approval of the controlling board and provided that	24211
the attorney general, pursuant to the attorney general's authority	24212
under section 109.122 of the Revised Code, has not disapproved the	24213
proposed contract;	24214

~~(4)~~(5) Enter into contracts for the mutual exchange of goods	24215
or services;	24216

~~(5)~~(6) Sell or convey all or a portion of the property, land,	24217
or buildings under its management subject to the approval of the	24218
legislature;	24219

~~(6)~~(7) Grant leases on all or any part of the property, land,	24220
or buildings under the management of the commission to private or	24221
public organizations, which appear to be in the best interests of	24222
the state, with the approval of the controlling board and director	24223
of administrative services, subject to the following conditions:	24224

(a) The lessees shall make or construct improvements on such	24225
lands or buildings at no cost to the commission or to the state,	24226
subject to prior approval by the director of administrative	24227
services of detailed plans and specifications of such	24228
improvements.	24229

(b) No person, firm, or corporation shall cause a lien to be	24230
filed against any funds or property of the state or of the	24231
commission as a result of a lessee's activities pursuant to	24232
division (B)~~(6)~~(7)(a) of this section.	24233

(c) Leases shall be entered into subject to the sale of such	24234
property, lands, or buildings during the term of the lease.	24235

(d) No leases shall be made which interfere with a fair,	24236
exposition, or exhibition on such lands.	24237

~~(7)~~(8) Encumber appropriations for the entire amount of a	24238
contract at the time the contract is made, even though the	24239
contract will not be performed in the fiscal year for which the	24240
appropriations were made.	24241

~~(8)~~(9) Implement a credit card payment program permitting	24242
payment by means of a credit card of any fees, charges, and	24243
rentals associated with conducting fairs, expositions, and	24244
exhibits. The commission may open an account outside the state	24245
treasury in a financial institution for the purpose of depositing	24246
credit card receipts. By the end of the business day following the	24247
deposit of the receipts, the financial institution shall make	24248
available to the commission funds in the amount of the receipts.	24249
The commission shall then pay these funds into the state treasury	24250
to the credit of the Ohio expositions fund.	24251

The commission shall adopt rules as necessary to carry out	24252
the purposes of division (B)~~(8)~~(9) of this section. The rules	24253
shall include standards for determining eligible financial	24254
institutions and the manner in which funds shall be made available	24255
and shall be consistent with the standards contained in sections	24256
135.03, 135.18, and 135.181 of the Revised Code.	24257

The commission shall not adopt or enforce any rules which	24258
will prohibit livestock exhibited at the Ohio state fair from	24259
participating in county and independent fairs in the state.	24260

Sec. 991.04. There is hereby established in the state	24261
treasury the Ohio expositions fund. ~~All~~Except for gifts and	24262
bequests of money accepted under division (B)(3) of section 991.03	24263
of the Revised Code, all moneys collected by the Ohio expositions	24264
commission pursuant to sections 991.01 to 991.07 of the Revised	24265
Code and any income generated from the investment of those moneys	24266
shall be paid into the fund and may be used to defray the costs of	24267
administration and carrying out the purposes of sections 991.01 to	24268
991.07 of the Revised Code.	24269

With the approval of the director of budget and management,	24270
provisions may be made for a cash fund to be established on the	24271
state fairgrounds during the period of activities related to the	24272
holding of the annual state fair. The purpose of such fund is to	24273
provide for payment of premiums and entertainers and for immediate	24274
payment of small amounts for obligations, including ticket	24275
refunds, of such nature as to require immediate payment.	24276

The expositions commission shall cause to be kept an accurate	24277
record of all transactions, contracts, and proceedings. The	24278
director of budget and management shall prescribe a system of	24279
accounting and reporting. Such system shall include methods and	24280
forms showing the sources from which all revenues of the	24281
expositions commission are received, the amount collected from	24282
each source, and the amount expended for each purpose.	24283

Sec. 991.041. There is in the state treasury the Ohio	24284
expositions support fund. All gifts and bequests of money accepted	24285
under division (B)(3) of section 991.03 of the Revised Code shall	24286
be deposited into the state treasury to the credit of the fund.	24287
Investment earnings of the fund shall be deposited into the fund.	24288
The Ohio expositions commission may use the fund, consistent with	24289
the terms of the gift or bequest, to defray the cost of	24290
administration and of carrying out the purposes of sections 991.01	24291
to 991.07 of the Revised Code.	24292

Sec. 991.06. Annually on or before the thirtieth day of	24293
September the Ohio expositions commission, through its general	24294
manager, shall prepare and file with the auditor of state a	24295
statement showing the total amount received from each source of	24296
revenue, the total amount disbursed for each class of	24297
expenditures, and the aggregate of all receipts and expenditures	24298
of the commission. This statement shall also include a summary of	24299
each contract for the mutual exchange of goods or services entered	24300
into by the commission under ~~division (B)(4) of~~ section 991.03 of	24301
the Revised Code. Upon receipt of such statement, the auditor of	24302
state shall have it verified and make a report of ~~his~~the auditor	24303
of state's findings thereon to the governor.	24304

Assistant auditors of state shall conduct an audit of	24305
activities of the annual Ohio state fair on the Ohio exposition	24306
center during the period when the fair is in progress.	24307

The cost of such audit shall be included in the annual	24308
expenses of the Ohio expositions commission.	24309

Sec. 1332.26. (A) No political subdivision shall require a	24310
video service provider to obtain from it any authority to provide	24311
video service within its boundaries.	24312

(B) Except as authorized under division (C) of this section	24313
and under sections 1332.30 and 1332.32 of the Revised Code, no	24314
political subdivision shall request anything of value from a video	24315
service provider for providing video service; impose any fee,	24316
license, or gross receipt tax on the provision of video service by	24317
such a provider; or impose any franchise or other requirement on	24318
the provision of video service by a video service provider,	24319
including, but not limited to, any provision regulating rates	24320
charged by a video service provider or establishing any build-out	24321
requirement or requirement to deploy any facility or equipment.	24322

(C) When requested to do so, a video service provider shall	24323
assist a municipal corporation or township in addressing video	24324
service subscriber complaints, in a manner consistent with the	24325
provider's complaint handling process set forth in its application	24326
pursuant to division (A)(7) of section 1332.24 of the Revised	24327
Code. Nothing in sections 1332.21 to 1332.34 of the Revised Code	24328
affects any authority granted under sections 1345.01 to 1345.13 of	24329
the Revised Code.	24330

(D) A video service provider shall meet all of the following	24331
customer service standards:	24332

(1) The provider shall restore video service within	24333
seventy-two hours after a subscriber reports a service	24334
interruption or other problem if the cause was not a natural	24335
disaster.	24336

(2) Upon a report by a subscriber of a service interruption	24337
and if the interruption is caused by the video service provider	24338
and lasts for more than fours hours in a given day, the provider	24339
shall give the subscriber a credit in the amount of the cost of	24340
each such day's video service as would be billed to the	24341
subscriber.	24342

(3) Upon a report by a subscriber of a service interruption	24343
and if the interruption is not caused by the video service	24344
provider and lasts for more than twenty-four consecutive hours,	24345
the provider shall give the subscriber, for each hour of service	24346
interruption, a credit in the amount of the cost of per hour video	24347
service as would be billed to the subscriber.	24348

(4) The provider shall give a subscriber at least thirty	24349
days' advance, written notice before removing a channel from the	24350
provider's video service, but no such notice is required if the	24351
provider must remove the channel because of circumstances beyond	24352
its control.	24353

(5) The provider shall give a subscriber at least ten days'	24354
advance, written notice of a disconnection of all or part of the	24355
subscriber's video service, except if ~~the disconnection~~any of the	24356
following apply:	24357

(a) Disconnection has been requested by the subscriber,.

24358

(b) Disconnection is necessary to prevent theft of video	24359
service~~, or~~.	24360

(c) Disconnection is necessary to prevent the use of video	24361
service through fraud.	24362

(d) Disconnection is necessary to reduce or prevent signal	24363
leakage as described in 47 C.F.R. 76.611.	24364

(6) The provider shall not establish a due date earlier than	24365
fourteen days after a video service bill is issued.	24366

(7) The provider shall not disconnect all or part of a	24367
subscriber's video service for failure of the subscriber to pay	24368
any amount of its video service bill, until the ~~bill~~amount is at	24369
least ~~forty-five~~fourteen days past due.	24370

~~(7)~~(8) The provider shall give a subscriber at least thirty	24371
days' advance, written notice before instituting an increase in	24372
video service rates.	24373

Sec. 1337.11. As used in sections 1337.11 to 1337.17 of the	24374
Revised Code:	24375

(A) "Adult" means a person who is eighteen years of age or	24376
older.	24377

(B) "Attending physician" means the physician to whom a	24378
principal or the family of a principal has assigned primary	24379
responsibility for the treatment or care of the principal or, if	24380
the responsibility has not been assigned, the physician who has	24381
accepted that responsibility.	24382

24383

(1) Nutrition when administered to diminish the pain or	24384
discomfort of a principal, but not to postpone death;	24385

(2) Hydration when administered to diminish the pain or	24386
discomfort of a principal, but not to postpone death;	24387

(3) Any other medical or nursing procedure, treatment,	24388
intervention, or other measure that is taken to diminish the pain	24389
or discomfort of a principal, but not to postpone death.	24390

(D) "Consulting physician" means a physician who, in	24391
conjunction with the attending physician of a principal, makes one	24392
or more determinations that are required to be made by the	24393
attending physician, or to be made by the attending physician and	24394
one other physician, by an applicable provision of sections	24395
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	24396
medical certainty and in accordance with reasonable medical	24397
standards.	24398

(E) "Declaration for mental health treatment" has the same	24399
meaning as in section 2135.01 of the Revised Code.	24400

(F) "Guardian" means a person appointed by a probate court	24401
pursuant to Chapter 2111. of the Revised Code to have the care and	24402
management of the person of an incompetent.	24403

(G) "Health care" means any care, treatment, service, or	24404
procedure to maintain, diagnose, or treat an individual's physical	24405
or mental condition or physical or mental health.	24406

(H) "Health care decision" means informed consent, refusal to	24407
give informed consent, or withdrawal of informed consent to health	24408
care.	24409

(I) "Health care facility" means any of the following:

24410

(1) A hospital;

24411

(2) A hospice care program, pediatric respite care program,	24412
or other institution that specializes in comfort care of patients	24413
in a terminal condition or in a permanently unconscious state;	24414

(3) A nursing home;

24415

(4) A home health agency;

24416

(5) An intermediate care facility for the mentally retarded;

24417

(6) A regulated community mental health organization.

24418

(J) "Health care personnel" means physicians, nurses,	24419
physician assistants, emergency medical technicians-basic,	24420
emergency medical technicians-intermediate, emergency medical	24421
technicians-paramedic, medical technicians, dietitians, other	24422
authorized persons acting under the direction of an attending	24423
physician, and administrators of health care facilities.	24424

(K) "Home health agency" has the same meaning as in section	24425
3701.881 of the Revised Code.	24426

(L) "Hospice care program" and "pediatric respite care	24427
program" have the same meanings as in section 3712.01 of the	24428
Revised Code.	24429

(M) "Hospital" has the same meanings as in sections 3701.01,	24430
3727.01, and 5122.01 of the Revised Code.	24431

(N) "Hydration" means fluids that are artificially or	24432
technologically administered.	24433

(O) "Incompetent" has the same meaning as in section 2111.01	24434
of the Revised Code.	24435

(P) "Intermediate care facility for the mentally retarded"	24436
has the same meaning as in section ~~5111.20~~5124.01 of the Revised	24437
Code.	24438

(Q) "Life-sustaining treatment" means any medical procedure,	24439
treatment, intervention, or other measure that, when administered	24440
to a principal, will serve principally to prolong the process of	24441
dying.	24442

(R) "Medical claim" has the same meaning as in section	24443
2305.113 of the Revised Code.	24444

(S) "Mental health treatment" has the same meaning as in	24445
section 2135.01 of the Revised Code.	24446

(T) "Nursing home" has the same meaning as in section 3721.01	24447
of the Revised Code.	24448

(U) "Nutrition" means sustenance that is artificially or	24449
technologically administered.	24450

(V) "Permanently unconscious state" means a state of	24451
permanent unconsciousness in a principal that, to a reasonable	24452
degree of medical certainty as determined in accordance with	24453
reasonable medical standards by the principal's attending	24454
physician and one other physician who has examined the principal,	24455
is characterized by both of the following:	24456

(1) Irreversible unawareness of one's being and environment.

24457

(2) Total loss of cerebral cortical functioning, resulting in	24458
the principal having no capacity to experience pain or suffering.	24459

(W) "Person" has the same meaning as in section 1.59 of the	24460
Revised Code and additionally includes political subdivisions and	24461
governmental agencies, boards, commissions, departments,	24462
institutions, offices, and other instrumentalities.	24463

(X) "Physician" means a person who is authorized under	24464
Chapter 4731. of the Revised Code to practice medicine and surgery	24465
or osteopathic medicine and surgery.	24466

(Y) "Political subdivision" and "state" have the same	24467
meanings as in section 2744.01 of the Revised Code.	24468

(Z) "Professional disciplinary action" means action taken by	24469
the board or other entity that regulates the professional conduct	24470
of health care personnel, including the state medical board and	24471
the board of nursing.	24472

(AA) "Regulated community mental health organization" means a	24473
residential facility as defined and licensed under section ~~5119.22~~	24474
5119.34 of the Revised Code or a community mental health ~~agency~~	24475
services provider as defined in section 5122.01 of the Revised	24476
Code.	24477

(BB) "Terminal condition" means an irreversible, incurable,	24478
and untreatable condition caused by disease, illness, or injury	24479
from which, to a reasonable degree of medical certainty as	24480
determined in accordance with reasonable medical standards by a	24481
principal's attending physician and one other physician who has	24482
examined the principal, both of the following apply:	24483

(1) There can be no recovery.

24484

(2) Death is likely to occur within a relatively short time	24485
if life-sustaining treatment is not administered.	24486

(CC) "Tort action" means a civil action for damages for	24487
injury, death, or loss to person or property, other than a civil	24488
action for damages for a breach of contract or another agreement	24489
between persons.	24490

Sec. 1347.08. (A) Every state or local agency that maintains	24491
a personal information system, upon the request and the proper	24492
identification of any person who is the subject of personal	24493
information in the system, shall:	24494

(1) Inform the person of the existence of any personal	24495
information in the system of which the person is the subject;	24496

(2) Except as provided in divisions (C) and (E)(2) of this	24497
section, permit the person, the person's legal guardian, or an	24498
attorney who presents a signed written authorization made by the	24499
person, to inspect all personal information in the system of which	24500
the person is the subject;	24501

(3) Inform the person about the types of uses made of the	24502
personal information, including the identity of any users usually	24503
granted access to the system.	24504

(B) Any person who wishes to exercise a right provided by	24505
this section may be accompanied by another individual of the	24506
person's choice.	24507

(C)(1) A state or local agency, upon request, shall disclose	24508
medical, psychiatric, or psychological information to a person who	24509
is the subject of the information or to the person's legal	24510
guardian, unless a physician, psychiatrist, or psychologist	24511
determines for the agency that the disclosure of the information	24512
is likely to have an adverse effect on the person, in which case	24513
the information shall be released to a physician, psychiatrist, or	24514
psychologist who is designated by the person or by the person's	24515
legal guardian.	24516

(2) Upon the signed written request of either a licensed	24517
attorney at law or a licensed physician designated by the inmate,	24518
together with the signed written request of an inmate of a	24519
correctional institution under the administration of the	24520
department of rehabilitation and correction, the department shall	24521
disclose medical information to the designated attorney or	24522
physician as provided in division (C) of section 5120.21 of the	24523
Revised Code.	24524

(D) If an individual who is authorized to inspect personal	24525
information that is maintained in a personal information system	24526
requests the state or local agency that maintains the system to	24527
provide a copy of any personal information that the individual is	24528
authorized to inspect, the agency shall provide a copy of the	24529
personal information to the individual. Each state and local	24530
agency may establish reasonable fees for the service of copying,	24531
upon request, personal information that is maintained by the	24532
agency.	24533

(E)(1) This section regulates access to personal information	24534
that is maintained in a personal information system by persons who	24535
are the subject of the information, but does not limit the	24536
authority of any person, including a person who is the subject of	24537
personal information maintained in a personal information system,	24538
to inspect or have copied, pursuant to section 149.43 of the	24539
Revised Code, a public record as defined in that section.	24540

(2) This section does not provide a person who is the subject	24541
of personal information maintained in a personal information	24542
system, the person's legal guardian, or an attorney authorized by	24543
the person, with a right to inspect or have copied, or require an	24544
agency that maintains a personal information system to permit the	24545
inspection of or to copy, a confidential law enforcement	24546
investigatory record or trial preparation record, as defined in	24547
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	24548

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

24549

(1) The contents of an adoption file maintained by the	24550
department of health under section 3705.12 of the Revised Code;	24551

(2) Information contained in the putative father registry	24552
established by section 3107.062 of the Revised Code, regardless of	24553
whether the information is held by the department of job and	24554
family services or, pursuant to section 3111.69 of the Revised	24555
Code, the office of child support in the department or a child	24556
support enforcement agency;	24557

(3) Papers, records, and books that pertain to an adoption	24558
and that are subject to inspection in accordance with section	24559
3107.17 of the Revised Code;	24560

(4) Records listed in division (A) of section 3107.42 of the	24561
Revised Code or specified in division (A) of section 3107.52 of	24562
the Revised Code;	24563

(5) Records that identify an individual described in division	24564
(A)(1) of section 3721.031 of the Revised Code, or that would tend	24565
to identify such an individual;	24566

(6) Files and records that have been expunged under division	24567
(D)(1) or (2) of section 3721.23 of the Revised Code;	24568

(7) Records that identify an individual described in division	24569
(A)(1) of section 3721.25 of the Revised Code, or that would tend	24570
to identify such an individual;	24571

(8) Records that identify an individual described in division	24572
(A)(1) of section ~~5111.61~~5165.88 of the Revised Code, or that	24573
would tend to identify such an individual;	24574

(9) Test materials, examinations, or evaluation tools used in	24575
an examination for licensure as a nursing home administrator that	24576
the board of ~~examiners~~executives of ~~nursing home administrators~~	24577
long-term services and supports administers under section 4751.04	24578
of the Revised Code or contracts under that section with a private	24579
or government entity to administer;	24580

(10) Information contained in a database established and	24581
maintained pursuant to section 5101.13 of the Revised Code.	24582

Sec. 1501.011. (A) ~~The~~Except as provided in divisions (B),	24583
(C), and (D) of this section, the Ohio facilities construction	24584
commission shall supervise the design and construction of, and	24585
make contracts for the construction, reconstruction, improvement,	24586
enlargement, alteration, repair, or decoration of, any projects or	24587
improvements for the department of natural resources ~~has the~~	24588
~~following powers in addition to its other powers: to prepare, or~~	24589
~~contract to be prepared, surveys, general and detailed plans,~~	24590
~~specifications, bills of materials, and estimates of cost for, to~~	24591
~~enter into contracts for, and to supervise the performance of~~	24592
~~labor, the furnishing of materials, or the construction, repair,~~	24593
~~or maintenance of any projects, improvements, or buildings, on~~	24594
~~lands and waters under the control of the department, as~~that may	24595
be authorized by legislative appropriations or any other funds	24596
available therefor, the estimated cost of which amounts to two	24597
hundred thousand dollars or more or the amount determined pursuant	24598
to section 153.53 of the Revised Code or more.	24599

(B) ~~Except as provided in division (E) of this section, the~~	24600
~~director of natural resources shall publish notice in a newspaper~~	24601
~~of general circulation in the region where the activity for which~~	24602
~~bids are submitted is to occur and in any other newspapers that~~	24603
~~the director determines are appropriate, at least once each week~~	24604
~~for four consecutive weeks, the last publication to be at least~~	24605
~~eight days preceding the day for opening bids, seeking proposals~~	24606
~~on each contract for the performance of labor, the furnishing of~~	24607
~~materials, or the construction, repair, or maintenance of~~	24608
~~projects, improvements, or buildings, as necessary for compliance~~	24609
~~with provisions of the act to make appropriations for capital~~	24610
~~improvements or the act to make general appropriations, and the~~	24611
~~director may also advertise in such trade journals as will afford~~	24612
~~adequate information to the public of the terms of the contract~~	24613
~~and the nature of the work to be performed, together with the time~~	24614
~~of the letting and place and manner of receiving proposals, and~~	24615
~~the places where plans and specifications are on file. A proposal~~	24616
~~is invalid and shall not be considered by the department unless~~	24617
~~the form for proposals specified by the department is used without~~	24618
~~change, alteration, or addition~~The department of natural	24619
resources shall administer the construction of improvements under	24620
an agreement with the supervisors of a soil and water conservation	24621
district pursuant to division (I) of section 1515.08 of the	24622
Revised Code.	24623

(C) ~~Each bidder for a contract for the performance of labor,~~	24624
~~the furnishing of materials, or the maintenance, construction,~~	24625
~~demolition, alteration, repair, or reconstruction of an~~	24626
~~improvement shall meet the requirements of section 153.54 of the~~	24627
~~Revised Code. The director may require each bidder to furnish~~	24628
~~under oath, upon such printed forms as the director may prescribe,~~	24629
~~detailed information with respect to the bidder's financial~~	24630
~~resources, equipment, past performance record, organization~~	24631
~~personnel, and experience, together with such other information as~~	24632
~~the director considers necessary.~~	24633

~~(D) The director shall award the contract to the lowest~~	24634
~~responsive and responsible bidder in accordance with section 9.312~~	24635
~~of the Revised Code. The award shall be made within a reasonable~~	24636
~~time after the date on which the bids were opened, and the~~	24637
~~successful bidder shall enter into a contract within ten days from~~	24638
~~the date the successful bidder is notified that the contract has~~	24639
~~been awarded, or within any longer period that the director~~	24640
~~considers necessary. Nothing in this section shall preclude the~~	24641
~~rejection of any bid the acceptance of which is not in the best~~	24642
~~interests of the state. No contract shall be entered into until~~	24643
~~the bureau of workers' compensation has certified that the~~	24644
~~corporation, partnership, or person awarded the contract has~~	24645
~~complied with Chapter 4123. of the Revised Code and until, if the~~	24646
~~bidder awarded the contract is a foreign corporation, the~~	24647
~~secretary of state has certified that the corporation is~~	24648
~~authorized to do business in this state, and until, if the bidder~~	24649
~~so awarded the contract is a person or partnership nonresident of~~	24650
~~this state, the person or partnership has filed with the secretary~~	24651
~~of state a power of attorney designating the secretary of state as~~	24652
~~its agency for the purpose of accepting service of process.~~	24653

~~(E) With respect to the director's entering into a contract~~	24654
~~for the performance of labor, the furnishing of materials, or the~~	24655
~~construction, repair, or maintenance of any projects,~~	24656
~~improvements, or buildings on lands and waters under the control~~	24657
~~of the department, both of the following apply:~~	24658

~~(1) The director is not required to advertise for and receive~~	24659
~~bids if the total estimated cost of the contract is less than~~	24660
~~twenty-five thousand dollars.~~	24661

~~(2) The director is not required to advertise for bids,~~	24662
~~regardless of the cost of the contract, if the~~(1) The department	24663
of natural resources shall supervise the design and construction	24664
of, and make contracts for the construction, reconstruction,	24665
improvement, enlargement, alteration, repair, or decoration of,	24666
any of the following activities, projects, or improvements:	24667

(a) Dam repairs administered by the division of engineering	24668
under Chapter 1507. of the Revised Code;	24669

(b) Projects or improvements administered by the division of	24670
watercraft and funded through the waterways safety fund	24671
established in section 1547.75 of the Revised Code;	24672

(c) Projects or improvements administered by the division of	24673
wildlife under Chapter 1531. or 1533. of the Revised Code;	24674

(d) Activities conducted by the department pursuant to	24675
section 5511.05 of the Revised Code in order to maintain the	24676
department's roadway inventory.	24677

(2) If a contract to be let under division (C)(1) of this	24678
section involves an exigency that concerns the public health,	24679
safety, or welfare or addresses an emergency situation in which	24680
timeliness is crucial in preventing the cost of the contract from	24681
increasing significantly~~. Regarding such a contract, the director~~	24682
~~may solicit bids by sending a letter to a minimum of three~~	24683
~~contractors in the region where the contract is to be let or by~~	24684
~~any other means that the director considers appropriate.~~	24685

~~(F) The director may insert in any contract awarded under~~	24686
~~this section a clause providing for value engineering change~~	24687
~~proposals, under which a contractor who has been awarded a~~	24688
~~contract may propose a change in the plans and specifications of~~	24689
~~the project that saves the department time or money on the project~~	24690
~~without impairing any of the essential functions and~~	24691
~~characteristics of the project such as service life, reliability,~~	24692
~~economy of operation, ease of maintenance, safety, and necessary~~	24693
~~standardized features. If the director adopts the value~~	24694
~~engineering proposal, the savings from the proposal shall be~~	24695
~~divided between the department and the contractor according to~~	24696
~~guidelines established by the director, provided that the~~	24697
~~contractor shall receive at least fifty per cent of the savings~~	24698
~~from the proposal. The adoption of a value engineering proposal~~	24699
~~does not invalidate the award of the contract or require the~~	24700
~~director to rebid the project.~~	24701

~~(G) When in the opinion of the department the work under any~~	24702
~~contract made under this section or any law of the state is~~	24703
~~neglected by the contractor, the work completed is deficient in~~	24704
~~quality or materials, or the work is not prosecuted with the~~	24705
~~diligence and force specified or intended in the contract, the~~	24706
~~department may require the contractor to provide, at no additional~~	24707
~~expense to the department, any additional labor and materials that~~	24708
~~are necessary to complete the improvements at the level of quality~~	24709
~~and within the time of performance specified in the contract.~~	24710
~~Procedures concerning such a requirement together with its format~~	24711
~~shall be specified in the contract. If the contractor fails to~~	24712
~~comply with the requirement within the period specified in the~~	24713
~~contract, the department may take action to complete the work~~	24714
~~through other means, up to and including termination of the~~	24715
~~contract.~~	24716

~~(H) When an exigency occurs or there is immediate danger of~~	24717
~~an exigency that would materially impair the successful bidding,~~	24718
~~construction, or completion of a project, improvement, or~~	24719
~~building, the director may revise related plans and specifications~~	24720
~~as necessary to address the exigency through the issuance of an~~	24721
~~addendum prior to the opening of bids or, in accordance with~~	24722
~~procedures established in section 153.62 of the Revised Code,~~	24723
~~through the issuance of a change order after the contract has been~~	24724
~~awarded~~, pursuant to the declaration of a public exigency, the	24725
department may award the contract without competitive bidding or	24726
selection as otherwise required by Chapter 153. of the Revised	24727
Code.	24728

(D) The executive director of the Ohio facilities	24729
construction commission may authorize the department of natural	24730
resources to administer any other project or improvement, the	24731
estimated cost of which, including design fees, construction,	24732
equipment, and contingency amounts, is not more than one million	24733
five hundred thousand dollars.	24734

Sec. 1501.45. (A) As used in this section:

24735

(1) "Forfeiture laws" means provisions that are established	24736
in Title XXIX of the Revised Code and that govern the forfeiture	24737
and disposition of certain property that is seized pursuant to a	24738
law enforcement investigation.	24739

(2) "Law enforcement division" means the division of	24740
forestry, the division of natural areas and preserves, the	24741
division of wildlife, the division of parks and recreation, or the	24742
division of watercraft in the department of natural resources.	24743

(3) "Law enforcement fund" means a fund created in this	24744
section.	24745

(B) Except as otherwise provided in this section and	24746
notwithstanding any provision of the Revised Code that is not in	24747
Title XV of the Revised Code to the contrary, the forfeiture laws	24748
apply to a law enforcement division that substantially conducts an	24749
investigation that results in the ordered forfeiture of property	24750
and also apply to the involved forfeiture of property, and the law	24751
enforcement division shall comply with those forfeiture laws.	24752
Accordingly, the portion of the forfeiture laws that authorizes	24753
certain proceeds from forfeited property to be distributed to the	24754
law enforcement agency that substantially conducted the	24755
investigation that resulted in the seizure of the subsequently	24756
forfeited property apply to the law enforcement divisions except	24757
as provided in division (C)(2)(a) of this section. If a law	24758
enforcement division is eligible to receive such proceeds, the	24759
proceeds shall be deposited into the state treasury to the credit	24760
of the applicable law enforcement fund.	24761

(C)(1) There are hereby created in the state treasury ~~the~~	24762
~~division of forestry law enforcement fund, the division of natural~~	24763
~~areas and preserves law enforcement fund,~~ the division of wildlife	24764
law enforcement fund, the division of parks and recreation law	24765
enforcement fund, and the division of watercraft law enforcement	24766
fund. ~~The~~	24767

(2) The funds shall consist of proceeds from forfeited	24768
property that are deposited ~~in accordance with this section. The~~	24769
as follows:	24770

(a) Proceeds from forfeited property resulting from an	24771
investigation conducted by the division of forestry, the division	24772
of natural areas and preserves, or the division of parks and	24773
recreation shall be deposited in the division of parks and	24774
recreation law enforcement fund.	24775

(b) Proceeds from forfeited property resulting from an	24776
investigation conducted by the division of wildlife shall be	24777
deposited in the division of wildlife law enforcement fund.	24778

(c) Proceeds from forfeited property resulting from an	24779
investigation conducted by the division of watercraft shall be	24780
deposited in the division of watercraft law enforcement fund.	24781

(3) The funds shall be used ~~by the applicable law enforcement~~	24782
~~division~~ for law enforcement purposes specified in the forfeiture	24783
laws~~; however, a~~as follows:	24784

(a) Money in the division of parks and recreation law	24785
enforcement fund shall be used by the division of parks and	24786
recreation.	24787

(b) Money in the division of wildlife law enforcement fund	24788
shall be used by the division of wildlife.	24789

(c) Money in the division of watercraft law enforcement fund	24790
shall be used by the division of watercraft.	24791

(4) A law enforcement division shall not use ~~such funds~~its	24792
fund to pay the salaries of its employees or to provide for any	24793
other remuneration of personnel.	24794

(D) If the forfeiture laws conflict with any provisions that	24795
govern forfeitures and that are established in another section of	24796
Title XV of the Revised Code, the provisions established in the	24797
other section of Title XV apply.	24798

Sec. 1509.01. As used in this chapter:

24799

(A) "Well" means any borehole, whether drilled or bored,	24800
within the state for production, extraction, or injection of any	24801
gas or liquid mineral, excluding potable water to be used as such,	24802
but including natural or artificial brines and oil field waters.	24803

(B) "Oil" means crude petroleum oil and all other	24804
hydrocarbons, regardless of gravity, that are produced in liquid	24805
form by ordinary production methods, but does not include	24806
hydrocarbons that were originally in a gaseous phase in the	24807
reservoir.	24808

(C) "Gas" means all natural gas and all other fluid	24809
hydrocarbons that are not oil, including condensate.	24810

(D) "Condensate" means liquid hydrocarbons separated at or	24811
near the well pad or along the gas production or gathering system	24812
prior to gas processing.	24813

(E) "Pool" means an underground reservoir containing a common	24814
accumulation of oil or gas, or both, but does not include a gas	24815
storage reservoir. Each zone of a geological structure that is	24816
completely separated from any other zone in the same structure may	24817
contain a separate pool.	24818

(F) "Field" means the general area underlaid by one or more	24819
pools.	24820

(G) "Drilling unit" means the minimum acreage on which one	24821
well may be drilled, but does not apply to a well for injecting	24822
gas into or removing gas from a gas storage reservoir.	24823

(H) "Waste" includes all of the following:

24824

(1) Physical waste, as that term generally is understood in	24825
the oil and gas industry;	24826

(2) Inefficient, excessive, or improper use, or the	24827
unnecessary dissipation, of reservoir energy;	24828

(3) Inefficient storing of oil or gas;

24829

(4) Locating, drilling, equipping, operating, or producing an	24830
oil or gas well in a manner that reduces or tends to reduce the	24831
quantity of oil or gas ultimately recoverable under prudent and	24832
proper operations from the pool into which it is drilled or that	24833
causes or tends to cause unnecessary or excessive surface loss or	24834
destruction of oil or gas;	24835

(5) Other underground or surface waste in the production or	24836
storage of oil, gas, or condensate, however caused.	24837

(I) "Correlative rights" means the reasonable opportunity to	24838
every person entitled thereto to recover and receive the oil and	24839
gas in and under the person's tract or tracts, or the equivalent	24840
thereof, without having to drill unnecessary wells or incur other	24841
unnecessary expense.	24842

(J) "Tract" means a single, individually taxed parcel of land	24843
appearing on the tax list.	24844

(K) "Owner," unless referring to a mine, means the person who	24845
has the right to drill on a tract or drilling unit, to drill into	24846
and produce from a pool, and to appropriate the oil or gas	24847
produced therefrom either for the person or for others, except	24848
that a person ceases to be an owner with respect to a well when	24849
the well has been plugged in accordance with applicable rules	24850
adopted and orders issued under this chapter. "Owner" does not	24851
include a person who obtains a lease of the mineral rights for oil	24852
and gas on a parcel of land if the person does not attempt to	24853
produce or produce oil or gas from a well or obtain a permit under	24854
this chapter for a well or if the entire interest of a well is	24855
transferred to the person in accordance with division (B) of	24856
section 1509.31 of the Revised Code.	24857

(L) "Royalty interest" means the fee holder's share in the	24858
production from a well.	24859

(M) "Discovery well" means the first well capable of	24860
producing oil or gas in commercial quantities from a pool.	24861

(N) "Prepared clay" means a clay that is plastic and is	24862
thoroughly saturated with fresh water to a weight and consistency	24863
great enough to settle through saltwater in the well in which it	24864
is to be used, except as otherwise approved by the chief of the	24865
division of oil and gas resources management.	24866

(O) "Rock sediment" means the combined cutting and residue	24867
from drilling sedimentary rocks and formation.	24868

(P) "Excavations and workings," "mine," and "pillar" have the	24869
same meanings as in section 1561.01 of the Revised Code.	24870

(Q) "Coal bearing township" means a township designated as	24871
such by the chief of the division of mineral resources management	24872
under section 1561.06 of the Revised Code.	24873

(R) "Gas storage reservoir" means a continuous area of a	24874
subterranean porous sand or rock stratum or strata into which gas	24875
is or may be injected for the purpose of storing it therein and	24876
removing it therefrom and includes a gas storage reservoir as	24877
defined in section 1571.01 of the Revised Code.	24878

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	24879
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	24880
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	24881
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	24882
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	24883
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	24884
regulations adopted under those acts.	24885

(T) "Person" includes any political subdivision, department,	24886
agency, or instrumentality of this state; the United States and	24887
any department, agency, or instrumentality thereof; and any legal	24888
entity defined as a person under section 1.59 of the Revised Code.	24889

(U) "Brine" means all saline geological formation water	24890
resulting from, obtained from, or produced in connection with	24891
exploration, drilling, well stimulation, production of oil or gas,	24892
or plugging of a well.	24893

(V) "Waters of the state" means all streams, lakes, ponds,	24894
marshes, watercourses, waterways, springs, irrigation systems,	24895
drainage systems, and other bodies of water, surface or	24896
underground, natural or artificial, that are situated wholly or	24897
partially within this state or within its jurisdiction, except	24898
those private waters that do not combine or effect a junction with	24899
natural surface or underground waters.	24900

(W) "Exempt Mississippian well" means a well that meets all	24901
of the following criteria:	24902

(1) Was drilled and completed before January 1, 1980;

24903

(2) Is located in an unglaciated part of the state;

24904

(3) Was completed in a reservoir no deeper than the	24905
Mississippian Big Injun sandstone in areas underlain by	24906
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	24907
sandstone in areas directly underlain by Permian stratigraphy;	24908

(4) Is used primarily to provide oil or gas for domestic use.

24909

(X) "Exempt domestic well" means a well that meets all of the	24910
following criteria:	24911

(1) Is owned by the owner of the surface estate of the tract	24912
on which the well is located;	24913

(2) Is used primarily to provide gas for the owner's domestic	24914
use;	24915

(3) Is located more than two hundred feet horizontal distance	24916
from any inhabited private dwelling house other than an inhabited	24917
private dwelling house located on the tract on which the well is	24918
located;	24919

(4) Is located more than two hundred feet horizontal distance	24920
from any public building that may be used as a place of resort,	24921
assembly, education, entertainment, lodging, trade, manufacture,	24922
repair, storage, traffic, or occupancy by the public.	24923

(Y) "Urbanized area" means an area where a well or production	24924
facilities of a well are located within a municipal corporation or	24925
within a township that has an unincorporated population of more	24926
than five thousand in the most recent federal decennial census	24927
prior to the issuance of the permit for the well or production	24928
facilities.	24929

(Z) "Well stimulation" or "stimulation of a well" means the	24930
process of enhancing well productivity, including hydraulic	24931
fracturing operations.	24932

(AA) "Production operation" means all operations and	24933
activities and all related equipment, facilities, and other	24934
structures that may be used in or associated with the exploration	24935
and production of oil, gas, or other mineral resources that are	24936
regulated under this chapter, including operations and activities	24937
associated with site preparation, site construction, access road	24938
construction, well drilling, well completion, well stimulation,	24939
well site activities, reclamation, and plugging. "Production	24940
operation" also includes all of the following:	24941

(1) The piping, equipment, and facilities used for the	24942
production and preparation of hydrocarbon gas or liquids for	24943
transportation or delivery;	24944

(2) The processes of extraction and recovery, lifting,	24945
stabilization, treatment, separation, production processing,	24946
storage, waste disposal, and measurement of hydrocarbon gas and	24947
liquids, including related equipment and facilities;	24948

(3) The processes and related equipment and facilities	24949
associated with production compression, gas lift, gas injection,	24950
fuel gas supply, well drilling, well stimulation, and well	24951
completion activities, including dikes, pits, and earthen and	24952
other impoundments used for the temporary storage of fluids and	24953
waste substances associated with well drilling, well stimulation,	24954
and well completion activities;	24955

(4) Equipment and facilities at a wellpad or other location	24956
that are used for the transportation, handling, recycling,	24957
temporary storage, management, processing, or treatment of any	24958
equipment, material, and by-products or other substances from an	24959
operation at a wellpad that may be used or reused at the same or	24960
another operation at a wellpad or that will be disposed of in	24961
accordance with applicable laws and rules adopted under them.	24962

(BB) "Annular overpressurization" means the accumulation of	24963
fluids within an annulus with sufficient pressure to allow	24964
migration of annular fluids into underground sources of drinking	24965
water.	24966

(CC) "Idle and orphaned well" means a well for which a bond	24967
has been forfeited or an abandoned well for which no money is	24968
available to plug the well in accordance with this chapter and	24969
rules adopted under it.	24970

(DD) "Temporarily inactive well" means a well that has been	24971
granted temporary inactive status under section 1509.062 of the	24972
Revised Code.	24973

(EE) "Material and substantial violation" means any of the	24974
following:	24975

(1) Failure to obtain a permit to drill, reopen, convert,	24976
plugback, or plug a well under this chapter;	24977

(2) Failure to obtain, maintain, update, or submit proof of	24978
insurance coverage that is required under this chapter;	24979

(3) Failure to obtain, maintain, update, or submit proof of a	24980
surety bond that is required under this chapter;	24981

(4) Failure to plug an abandoned well or idle and orphaned	24982
well unless the well has been granted temporary inactive status	24983
under section 1509.062 of the Revised Code or the chief of the	24984
division of oil and gas resources management has approved another	24985
option concerning the abandoned well or idle and orphaned well;	24986

(5) Failure to restore a disturbed land surface as required	24987
by section 1509.072 of the Revised Code;	24988

(6) Failure to reimburse the oil and gas well fund pursuant	24989
to a final order issued under section 1509.071 of the Revised	24990
Code;	24991

(7) Failure to comply with a final nonappealable order of the	24992
chief issued under section 1509.04 of the Revised Code;	24993

(8) Failure to submit a report, test result, fee, or document	24994
that is required in this chapter or rules adopted under it.	24995

(FF) "Severer" has the same meaning as in section 5749.01 of	24996
the Revised Code.	24997

(GG) "Horizontal well" means a well that is drilled for the	24998
production of oil or gas in which the wellbore reaches a	24999
horizontal or near horizontal position in the Point Pleasant,	25000
Utica, or Marcellus formation and the well is stimulated.	25001

(HH) "Well pad" means the area that is cleared or prepared	25002
for the drilling of one or more horizontal wells.	25003

Sec. 1509.02. There is hereby created in the department of	25004
natural resources the division of oil and gas resources	25005
management, which shall be administered by the chief of the	25006
division of oil and gas resources management. The division has	25007
sole and exclusive authority to regulate the permitting, location,	25008
and spacing of oil and gas wells and production operations within	25009
the state, excepting only those activities regulated under federal	25010
laws for which oversight has been delegated to the environmental	25011
protection agency and activities regulated under sections 6111.02	25012
to ~~6111.029~~6111.028 of the Revised Code. The regulation of oil	25013
and gas activities is a matter of general statewide interest that	25014
requires uniform statewide regulation, and this chapter and rules	25015
adopted under it constitute a comprehensive plan with respect to	25016
all aspects of the locating, drilling, well stimulation,	25017
completing, and operating of oil and gas wells within this state,	25018
including site construction and restoration, permitting related to	25019
those activities, and the disposal of wastes from those wells. In	25020
order to assist the division in the furtherance of its sole and	25021
exclusive authority as established in this section, the chief may	25022
enter into cooperative agreements with other state agencies for	25023
advice and consultation, including visitations at the surface	25024
location of a well on behalf of the division. Such cooperative	25025
agreements do not confer on other state agencies any authority to	25026
administer or enforce this chapter and rules adopted under it. In	25027
addition, such cooperative agreements shall not be construed to	25028
dilute or diminish the division's sole and exclusive authority as	25029
established in this section. Nothing in this section affects the	25030
authority granted to the director of transportation and local	25031
authorities in section 723.01 or 4513.34 of the Revised Code,	25032
provided that the authority granted under those sections shall not	25033
be exercised in a manner that discriminates against, unfairly	25034
impedes, or obstructs oil and gas activities and operations	25035
regulated under this chapter.	25036

The chief shall not hold any other public office, nor shall	25037
the chief be engaged in any occupation or business that might	25038
interfere with or be inconsistent with the duties as chief.	25039

All moneys collected by the chief pursuant to sections	25040
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222,	25041
1509.28, 1509.34, and 1509.50 of the Revised Code, ninety per cent	25042
of moneys received by the treasurer of state from the tax levied	25043
in divisions (A)(5) and (6) of section 5749.02 of the Revised	25044
Code, all civil penalties paid under section 1509.33 of the	25045
Revised Code, and, notwithstanding any section of the Revised Code	25046
relating to the distribution or crediting of fines for violations	25047
of the Revised Code, all fines imposed under divisions (A) and (B)	25048
of section 1509.99 of the Revised Code and fines imposed under	25049
divisions (C) and (D) of section 1509.99 of the Revised Code for	25050
all violations prosecuted by the attorney general and for	25051
violations prosecuted by prosecuting attorneys that do not involve	25052
the transportation of brine by vehicle shall be deposited into the	25053
state treasury to the credit of the oil and gas well fund, which	25054
is hereby created. Fines imposed under divisions (C) and (D) of	25055
section 1509.99 of the Revised Code for violations prosecuted by	25056
prosecuting attorneys that involve the transportation of brine by	25057
vehicle and penalties associated with a compliance agreement	25058
entered into pursuant to this chapter shall be paid to the county	25059
treasury of the county where the violation occurred.	25060

The fund shall be used solely and exclusively for the	25061
purposes enumerated in division (B) of section 1509.071 of the	25062
Revised Code, for the expenses of the division associated with the	25063
administration of this chapter and Chapter 1571. of the Revised	25064
Code and rules adopted under them, and for expenses that are	25065
critical and necessary for the protection of human health and	25066
safety and the environment related to oil and gas production in	25067
this state. The expenses of the division in excess of the moneys	25068
available in the fund shall be paid from general revenue fund	25069
appropriations to the department.	25070

Sec. 1509.062. (A)(1) The owner of a well that has not been	25071
completed, a well that has not produced within one year after	25072
completion, or an existing well that is not a horizontal well and	25073
that has no reported production for two consecutive reporting	25074
periods as reported in accordance with section 1509.11 of the	25075
Revised Code, or an existing horizontal well that has no reported	25076
production for eight consecutive reporting periods as reported in	25077
accordance with section 1509.11 of the Revised Code shall plug the	25078
well in accordance with section 1509.12 of the Revised Code,	25079
obtain temporary inactive well status for the well in accordance	25080
with this section, or perform another activity regarding the well	25081
that is approved by the chief of the division of oil and gas	25082
resources management.	25083

(2) If a well has a reported annual production that is less	25084
than one hundred thousand cubic feet of natural gas or fifteen	25085
barrels of crude oil, or a combination thereof, the chief may	25086
require the owner of the well to submit an application for	25087
temporary inactive well status under this section for the well.	25088

(B) In order for the owner of a well to submit an application	25089
for temporary inactive well status for the well under this	25090
division, the owner and the well shall be in compliance with this	25091
chapter and rules adopted under it, any terms and conditions of	25092
the permit for the well, and applicable orders issued by the	25093
chief. An application for temporary inactive status for a well	25094
shall be submitted to the chief on a form prescribed and provided	25095
by the chief and shall contain all of the following:	25096

(1) The owner's name and address and, if the owner is a	25097
corporation, the name and address of the corporation's statutory	25098
agent;	25099

(2) The signature of the owner or of the owner's authorized	25100
agent. When an authorized agent signs an application, the	25101
application shall be accompanied by a certified copy of the	25102
appointment as such agent.	25103

(3) The permit number assigned to the well. If the well has	25104
not been assigned a permit number, the chief shall assign a permit	25105
number to the well.	25106

(4) A map, on a scale not smaller than four hundred feet to	25107
the inch, that shows the location of the well and the tank	25108
battery, that includes the latitude and longitude of the well, and	25109
that contains all other data that are required by the chief;	25110

(5) A demonstration that the well is of future utility and	25111
that the applicant has a viable plan to utilize the well within a	25112
reasonable period of time;	25113

(6) A demonstration that the well poses no threat to the	25114
health or safety of persons, property, or the environment;	25115

(7) Any other relevant information that the chief prescribes	25116
by rule.	25117

The chief may waive any of the requirements established in	25118
divisions (B)(1) to (6) of this section if the division of oil and	25119
gas resources management possesses a current copy of the	25120
information or document that is required in the applicable	25121
division.	25122

(C) Upon receipt of an application for temporary inactive	25123
well status, the chief shall review the application and shall	25124
either deny the application by issuing an order or approve the	25125
application. The chief shall approve the application only if the	25126
chief determines that the well that is the subject of the	25127
application poses no threat to the health or safety of persons,	25128
property, or the environment. If the chief approves the	25129
application, the chief shall notify the applicant of the chief's	25130
approval. Upon receipt of the chief's approval, the owner shall	25131
shut in the well and empty all liquids and gases from all storage	25132
tanks, pipelines, and other equipment associated with the well. In	25133
addition, the owner shall maintain the well, other equipment	25134
associated with the well, and the surface location of the well in	25135
a manner that prevents hazards to the health and safety of people	25136
and the environment. The owner shall inspect the well at least	25137
every six months and submit to the chief within fourteen days	25138
after the inspection a record of inspection on a form prescribed	25139
and provided by the chief.	25140

(D) Not later than thirty days prior to the expiration of	25141
temporary inactive well status or a renewal of temporary inactive	25142
well status approved by the chief for a well, the owner of the	25143
well may submit to the chief an application for renewal of the	25144
temporary inactive well status on a form prescribed and provided	25145
by the chief. The application shall include a detailed plan that	25146
describes the ultimate disposition of the well, the time frames	25147
for that disposition, and any other information that the chief	25148
determines is necessary. The chief shall either deny an	25149
application by order or approve the application. If the chief	25150
approves the application, the chief shall notify the owner of the	25151
well of the chief's approval.	25152

(E) An application for temporary inactive well status shall	25153
be accompanied by a nonrefundable fee of one hundred dollars. An	25154
application for a renewal of temporary inactive well status shall	25155
be accompanied by a nonrefundable fee of two hundred fifty dollars	25156
for the first renewal and five hundred dollars for each subsequent	25157
renewal.	25158

(F) After a third renewal, the chief may require an owner to	25159
provide a surety bond in an amount not to exceed ten thousand	25160
dollars for each of the owner's wells that has been approved by	25161
the chief for temporary inactive well status.	25162

(G) Temporary inactive well status approved by the chief	25163
expires one year after the date of approval of the application for	25164
temporary inactive well status or production from the well	25165
commences, whichever occurs sooner. In addition, a renewal of a	25166
temporary inactive well status expires one year after the	25167
expiration date of the initial temporary inactive well status or	25168
one year after the expiration date of the previous renewal of the	25169
temporary inactive well status, as applicable, or production from	25170
the well commences, whichever occurs sooner.	25171

(H) The owner of a well that has been approved by the chief	25172
for temporary inactive well status may commence production from	25173
the well at any time. Not later than sixty days after the	25174
commencement of production from such a well, the owner shall	25175
notify the chief of the commencement of production.	25176

(I) This chapter and rules adopted under it, any terms and	25177
conditions of the permit for a well, and applicable orders issued	25178
by the chief apply to a well that has been approved by the chief	25179
for temporary inactive well status or renewal of that status.	25180

Sec. 1509.10. (A) Any person drilling within the state	25181
shall, within sixty days after the completion of drilling	25182
operations to the proposed total depth or after a determination	25183
that a well is a dry or lost hole, file with the division of oil	25184
and gas resources management all wireline electric logs and an	25185
accurate well completion record on a form that is prescribed by	25186
the chief of the division of oil and gas resources management that	25187
designates:	25188

(1) The purpose for which the well was drilled;

25189

(2) The character, depth, and thickness of geological units	25190
encountered, including coal seams, mineral beds, associated fluids	25191
such as fresh water, brine, and crude oil, natural gas, and sour	25192
gas, if such seams, beds, fluids, or gases are known;	25193

(3) The dates on which drilling operations were commenced and	25194
completed;	25195

(4) The types of drilling tools used and the name of the	25196
person that drilled the well;	25197

(5) The length in feet of the various sizes of casing and	25198
tubing used in drilling the well, the amount removed after	25199
completion, the type and setting depth of each packer, all other	25200
data relating to cementing in the annular space behind such casing	25201
or tubing, and data indicating completion as a dry, gas, oil,	25202
combination oil and gas, brine injection, or artificial brine well	25203
or a stratigraphic test;	25204

(6) The number of perforations in the casing and the	25205
intervals of the perforations;	25206

(7) The elevation above mean sea level of the point from	25207
which the depth measurements were made, stating also the height of	25208
the point above ground level at the well, the total depth of the	25209
well, and the deepest geological unit that was penetrated in the	25210
drilling of the well;	25211

(8) If applicable, the type, volume, and concentration of	25212
acid, and the date on which acid was used in acidizing the well;	25213

(9)(a) If applicable, the trade name and the total amount of	25214
all products, fluids, and substances, and the supplier of each	25215
product, fluid, or substance, not including cement and its	25216
constituents and lost circulation materials, intentionally added	25217
to facilitate the drilling of any portion of the well until the	25218
surface casing is set and properly sealed. The owner shall	25219
identify each additive used and provide a brief description of the	25220
purpose for which the additive is used. In addition, the owner	25221
shall include a list of all chemicals, not including any	25222
information that is designated as a trade secret pursuant to	25223
division (I)(1) of this section, intentionally added to all	25224
products, fluids, or substances and include each chemical's	25225
corresponding chemical abstracts service number and the maximum	25226
concentration of each chemical. The owner shall obtain the	25227
chemical information, not including any information that is	25228
designated as a trade secret pursuant to division (I)(1) of this	25229
section, from the company that drilled the well, provided service	25230
at the well, or supplied the chemicals. If the company that	25231
drilled the well, provided service at the well, or supplied the	25232
chemicals provides incomplete or inaccurate chemical information,	25233
the owner shall make reasonable efforts to obtain the required	25234
information from the company or supplier.	25235

(b) For purposes of division (A)(9)(a) of this section, if	25236
recycled fluid was used, the total volume of recycled fluid and	25237
the well that is the source of the recycled fluid or the	25238
centralized facility that is the source of the recycled fluid.	25239

(10)(a) If applicable, the type and volume of fluid, not	25240
including cement and its constituents or information that is	25241
designated as a trade secret pursuant to division (I)(1) of this	25242
section, used to stimulate the reservoir of the well, the	25243
reservoir breakdown pressure, the method used for the containment	25244
of fluids recovered from the fracturing of the well, the methods	25245
used for the containment of fluids when pulled from the wellbore	25246
from swabbing the well, the average pumping rate of the well, and	25247
the name of the person that performed the well stimulation. In	25248
addition, the owner shall include a copy of the log from the	25249
stimulation of the well, a copy of the invoice for each of the	25250
procedures and methods described in division (A)(10) of this	25251
section that were used on a well, and a copy of the pumping	25252
pressure and rate graphs. However, the owner may redact from the	25253
copy of each invoice that is required to be included under	25254
division (A)(10) of this section the costs of and charges for the	25255
procedures and methods described in division (A)(10) of this	25256
section that were used on a well.	25257

(b) If applicable, the trade name and the total volume of all	25258
products, fluids, and substances, and the supplier of each	25259
product, fluid, or substance used to stimulate the well. The owner	25260
shall identify each additive used, provide a brief description of	25261
the purpose for which the additive is used, and include the	25262
maximum concentration of the additive used. In addition, the owner	25263
shall include a list of all chemicals, not including any	25264
information that is designated as a trade secret pursuant to	25265
division (I)(1) of this section, intentionally added to all	25266
products, fluids, or substances and include each chemical's	25267
corresponding chemical abstracts service number and the maximum	25268
concentration of each chemical. The owner shall obtain the	25269
chemical information, not including any information that is	25270
designated as a trade secret pursuant to division (I)(1) of this	25271
section, from the company that stimulated the well or supplied the	25272
chemicals. If the company that stimulated the well or supplied the	25273
chemicals provides incomplete or inaccurate chemical information,	25274
the owner shall make reasonable efforts to obtain the required	25275
information from the company or supplier.	25276

(c) For purposes of division (A)(10)(b) of this section, if	25277
recycled fluid was used, the total volume of recycled fluid and	25278
the well that is the source of the recycled fluid or the	25279
centralized facility that is the source of the recycled fluid.	25280

(11) The name of the company that performed the logging of	25281
the well and the types of wireline electric logs performed on the	25282
well.	25283

The well completion record shall be submitted in duplicate.	25284
The first copy shall be retained as a permanent record in the	25285
files of the division, and the second copy shall be transmitted by	25286
the chief to the division of geological survey.	25287

(B)(1) Not later than sixty days after the completion of the	25288
drilling operations to the proposed total depth, the owner shall	25289
file all wireline electric logs with the division of oil and gas	25290
resources management and the chief shall transmit such logs	25291
electronically, if available, to the division of geological	25292
survey. Such logs may be retained by the owner for a period of not	25293
more than six months, or such additional time as may be granted by	25294
the chief in writing, after the completion of the well	25295
substantially to the depth shown in the application required by	25296
section 1509.06 of the Revised Code.	25297

(2) If a well is not completed within sixty days after the	25298
completion of drilling operations, the owner shall file with the	25299
division of oil and gas resources management a supplemental well	25300
completion record that includes all of the information required	25301
under this section within sixty days after the completion of the	25302
well.	25303

(3) After a well is initially completed and stimulated and	25304
until the well is plugged, the owner shall report, on a form	25305
prescribed by the chief, all materials placed into the formation	25306
to refracture, restimulate, or newly complete the well. The owner	25307
shall submit the information within sixty days after completing	25308
the refracturing, restimulation, or new completion. In addition,	25309
the owner shall report the information required in divisions	25310
(A)(10)(a) to (c) of this section, as applicable, in a manner	25311
consistent with the requirements established in this section.	25312

(C) Upon request in writing by the chief of the division of	25313
geological survey prior to the beginning of drilling of the well,	25314
the person drilling the well shall make available a complete set	25315
of cuttings accurately identified as to depth.	25316

(D) The form of the well completion record required by this	25317
section shall be one that has been prescribed by the chief of the	25318
division of oil and gas resources management and the chief of the	25319
division of geological survey. The filing of a log as required by	25320
this section fulfills the requirement of filing a log with the	25321
chief of the division of geological survey in section 1505.04 of	25322
the Revised Code.	25323

(E) If a material listed or designated under division (A)(9)	25324
or (10) or (B)(3) of this section is a material for which the	25325
division of oil and gas resources management does not have a	25326
material safety data sheet, the owner shall provide a copy of the	25327
material safety data sheet for the material to the chief.	25328

(F) An owner shall submit to the chief the information that	25329
is required in divisions (A)(10)(b) and (c) and (B)(3) of this	25330
section consistent with the requirements established in this	25331
section using one of the following methods:	25332

(1) On a form prescribed by the chief;

25333

(2) Through the chemical disclosure registry that is	25334
maintained by the ground water protection council and the	25335
interstate oil and gas compact commission;	25336

(3) Any other means approved by the chief.

25337

(G) The chief shall post on the division's web site each	25338
material safety data sheet obtained under division (E) of this	25339
section. In addition, the chief shall make available through the	25340
division's web site the chemical information that is required by	25341
divisions (A)(9) and (10) and (B)(3) of this section.	25342

(H)(1) If a medical professional, in order to assist in the	25343
diagnosis or treatment of an individual who was affected by an	25344
incident associated with the production operations of a well,	25345
requests the exact chemical composition of each product, fluid, or	25346
substance and of each chemical component in a product, fluid, or	25347
substance that is designated as a trade secret pursuant to	25348
division (I) of this section, the person claiming the trade secret	25349
protection pursuant to that division shall provide to the medical	25350
professional the exact chemical composition of the product, fluid,	25351
or substance and of the chemical component in a product, fluid, or	25352
substance that is requested.	25353

(2) A medical professional who receives information pursuant	25354
to division (H)(1) of this section shall keep the information	25355
confidential and shall not disclose the information for any	25356
purpose that is not related to the diagnosis or treatment of an	25357
individual who was affected by an incident associated with the	25358
production operations of a well. Nothing in division (H)(2) of	25359
this section precludes a medical professional from making any	25360
report required by law or professional ethical standards.	25361

(I)(1) The owner of a well who is required to submit a well	25362
completion record under division (A) of this section or a report	25363
under division (B)(3) of this section or a person that provides	25364
information to the owner as described in and for purposes of	25365
division (A)(9) or (10) or (B)(3) of this section may designate	25366
without disclosing on a form prescribed by the chief and withhold	25367
from disclosure to the chief the identity, amount, concentration,	25368
or purpose of a product, fluid, or substance or of a chemical	25369
component in a product, fluid, or substance as a trade secret. The	25370
owner or person may pursue enforcement of any rights or remedies	25371
established in sections 1333.61 to 1333.69 of the Revised Code for	25372
misappropriation, as defined in section 1333.61 of the Revised	25373
Code, with respect to the identity, amount, concentration, or	25374
purpose of a product, fluid, or substance or a chemical component	25375
in a product, fluid, or substance designated as a trade secret	25376
pursuant to division (I)(1) of this section. The division shall	25377
not disclose information regarding the identity, amount,	25378
concentration, or purpose of any product, fluid, or substance or	25379
of any chemical component in a product, fluid, or substance	25380
designated as a trade secret pursuant to division (I)(1) of this	25381
section.	25382

(2) A property owner, an adjacent property owner, or any	25383
person or agency of this state having an interest that is or may	25384
be adversely affected by a product, fluid, or substance or by a	25385
chemical component in a product, fluid, or substance may commence	25386
a civil action in the court of common pleas of Franklin county	25387
against an owner or person described in division (I)(1) of this	25388
section challenging the owner's or person's claim to entitlement	25389
to trade secret protection for the specific identity, amount,	25390
concentration, or purpose of a product, fluid, or substance or of	25391
a chemical component in a product, fluid, or substance pursuant to	25392
division (I)(1) of this section. A person who commences a civil	25393
action pursuant to division (I)(2) of this section shall provide	25394
notice to the chief in a manner prescribed by the chief. In the	25395
civil action, the court shall conduct an in camera review of	25396
information submitted by an owner or person described in division	25397
(I)(1) of this section to determine if the identity, amount,	25398
concentration, or purpose of a product, fluid, or substance or of	25399
a chemical component in a product, fluid, or substance pursuant to	25400
division (I)(1) of this section is entitled to trade secret	25401
protection.	25402

(J)(1) Except for any information that is designated as a	25403
trade secret pursuant to division (I)(1) of this section and	25404
except as provided in division (J)(2) of this section, the owner	25405
of a well shall maintain records of all chemicals placed in a well	25406
for a period of not less than two years after the date on which	25407
each such chemical was placed in the well. The chief may inspect	25408
the records at any time concerning any such chemical.	25409

(2) An owner or person who has designated the identity,	25410
amount, concentration, or purpose of a product, fluid, or	25411
substance or of a chemical component in a product, fluid, or	25412
substance as a trade secret pursuant to division (I)(1) of this	25413
section shall maintain the records for such a product, fluid, or	25414
substance or for a chemical component in a product, fluid, or	25415
substance for a period of not less than two years after the date	25416
on which each such product, fluid, or substance or each such	25417
chemical component in a product, fluid, or substance was placed in	25418
the well. Upon the request of the chief, the owner or person, as	25419
applicable, shall disclose the records to the chief if the	25420
information is necessary to respond to a spill, release, or	25421
investigation. However, the chief shall not disclose the	25422
information that is designated as a trade secret.	25423

(K)(1) For purposes of correcting inaccuracies and	25424
incompleteness in chemical information required by divisions	25425
(A)(9) and (10) and (B)(3) of this section, an owner shall be	25426
considered in substantial compliance if the owner has made	25427
reasonable efforts to obtain the required information from the	25428
supplier.	25429

(2) For purposes of reporting under this section, an owner is	25430
not required to report chemicals that occur incidentally or in	25431
trace amounts.	25432

(L) As used in this section, the term "material safety data	25433
sheet" shall conform to any revision of or change in the term by	25434
the occupational safety and health administration in the United	25435
States department of labor.	25436

Sec. 1509.11. (A)(1) The owner of any well, ~~including~~except	25437
a horizontal well, that is producing or capable of producing oil	25438
or gas shall file with the chief of the division of oil and gas	25439
resources management, on or before the thirty-first day of March,	25440
a statement of production of oil, gas, and brine for the last	25441
preceding calendar year in such form as the chief may prescribe.	25442
An owner that has more than one hundred such wells in this state	25443
shall submit electronically the statement of production in a	25444
format that is approved by the chief. The chief shall include on	25445
the form, at the minimum, a request for the submittal of the	25446
information that a person who is regulated under this chapter is	25447
required to submit under the "Emergency Planning and Community	25448
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and	25449
regulations adopted under it, and that the division of oil and gas	25450
resources management does not obtain through other reporting	25451
mechanisms.	25452

(2) The owner of any horizontal well that is producing or	25453
capable of producing oil or gas shall file with the chief, on the	25454
forty-fifth day following the close of each calendar quarter, a	25455
statement of production of oil, gas, and brine for the preceding	25456
calendar quarter in a form that the chief prescribes. An owner	25457
that has more than one hundred horizontal wells in this state	25458
shall submit electronically the statement of production in a	25459
format that is approved by the chief. The chief shall include on	25460
the form, at a minimum, a request for the submittal of the	25461
information that a person who is regulated under this chapter is	25462
required to submit under the "Emergency Planning and Community	25463
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, and	25464
regulations adopted under it, and that the division does not	25465
obtain through other reporting mechanisms.	25466

(B) The chief shall not disclose information received from	25467
the department of taxation under division (C)(12) of section	25468
5703.21 of the Revised Code until the related statement of	25469
production required by division (A) of this section is filed with	25470
the chief.	25471

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	25472
assessment is hereby imposed by this section on an owner. An owner	25473
shall pay the assessment in the same manner as a severer who is	25474
required to file a return under section 5749.06 of the Revised	25475
Code. However, an owner may designate a severer who shall pay the	25476
owner's assessment on behalf of the owner on the return that the	25477
severer is required to file under that section. If a severer so	25478
pays an owner's assessment, the severer may recoup from the owner	25479
the amount of the assessment. Except for an exempt domestic well,	25480
the assessment imposed shall be in addition to the taxes levied on	25481
the severance of oil and gas under section 5749.02 of the Revised	25482
Code.	25483

(B)(1) Except for an exempt domestic well, the oil and gas	25484
regulatory cost recovery assessment shall be calculated on a	25485
quarterly basis and shall be one of the following:	25486

(a) If the sum of ten cents per barrel of oil for all of the	25487
wells of the owner, one-half of one cent per one thousand cubic	25488
feet of natural gas for all of the wells of the owner, and the	25489
amount of the severance tax levied on each severer for all of the	25490
wells of the owner under divisions (A)(5) and (6) of section	25491
5749.02 of the Revised Code, as applicable, is greater than the	25492
sum of fifteen dollars for each well owned by the owner, the	25493
amount of the assessment is the sum of ten cents per barrel of oil	25494
for all of the wells of the owner and one-half of one cent per one	25495
thousand cubic feet of natural gas for all of the wells of the	25496
owner.	25497

(b) If the sum of ten cents per barrel of oil for all of the	25498
wells of the owner, one-half of one cent per one thousand cubic	25499
feet of natural gas for all of the wells of the owner, and the	25500
amount of the severance tax levied on each severer for all of the	25501
wells of the owner under divisions (A)(5) and (6) of section	25502
5749.02 of the Revised Code, as applicable, is less than the sum	25503
of fifteen dollars for each well owned by the owner, the amount of	25504
the assessment is the sum of fifteen dollars for each well owned	25505
by the owner less the amount of the tax levied on each severer for	25506
all of the wells of the owner under divisions (A)(5) and (6) of	25507
section 5749.02 of the Revised Code, as applicable.	25508

(2) The oil and gas regulatory cost recovery assessment for a	25509
well that becomes an exempt domestic well on and after June 30,	25510
2010, shall be sixty dollars to be paid to the division of oil and	25511
gas resources management on the first day of July of each year.	25512

(C) All money collected pursuant to this section shall be	25513
~~deposited in the state treasury to the credit of~~credited to the	25514
severance tax receipts fund. After the director of budget and	25515
management transfers money from the severance tax receipts fund as	25516
required in division (H) of section 5749.06 of the Revised Code,	25517
money in the severance tax receipts fund from amounts collected	25518
pursuant to this section shall be credited to the oil and gas well	25519
fund created in section 1509.02 of the Revised Code.	25520

(D) Except for purposes of revenue distribution as specified	25521
in division (B) of section 5749.02 of the Revised Code, the oil	25522
and gas regulatory cost recovery assessment imposed by this	25523
section shall be treated the same and equivalent for all purposes	25524
as the taxes levied on the severance of oil and gas under that	25525
section. However, the assessment imposed by this section is not a	25526
tax under Chapter 5749. of the Revised Code.	25527

Sec. 1509.73. (A)(1) Beginning on ~~the effective date of this~~	25528
~~section~~September 30, 2011, and ending on the effective date of	25529
the rules adopted under section 1509.74 of the Revised Code, a	25530
state agency, in consultation with the oil and gas leasing	25531
commission, may lease a formation within a parcel of land that is	25532
owned or controlled by the state agency for the exploration for	25533
and development and production of oil or natural gas. The state	25534
agency shall establish bid fees, signing fees, rentals, and at	25535
least a one-eighth landowner royalty. On and after the effective	25536
date of the rules adopted under section 1509.74 of the Revised	25537
Code, a formation within a parcel of land that is owned or	25538
controlled by a state agency may be leased for the exploration for	25539
and development and production of oil or natural gas only in	25540
accordance with divisions (A)(2) to (H) of this section and those	25541
rules.	25542

(2) Not earlier than two hundred seventy days after ~~the~~	25543
~~effective date of this section~~September 30, 2011, a person that	25544
is an owner and that is interested in leasing a formation within a	25545
parcel of land that is owned or controlled by a state agency for	25546
the exploration for and the development and production of oil or	25547
natural gas may submit to the oil and gas leasing commission a	25548
nomination that identifies the parcel of land. A person submitting	25549
a nomination shall submit it in the manner and form established in	25550
rules adopted under section 1509.74 of the Revised Code and shall	25551
include with the nomination both of the following:	25552

(a) The information required by those rules;

25553

(b) The nomination fee established in those rules.

25554

(B)(1) Not less than thirty days, but not more than one	25555
hundred twenty days following the receipt of a nomination of a	25556
parcel of land, the commission shall conduct a meeting for the	25557
purpose of determining whether to approve or disapprove the	25558
nomination for the purpose of leasing a formation within the	25559
parcel of land that is identified in the nomination. The	25560
commission also shall review the nomination of the parcel of land	25561
and determine if the parcel of land has been classified under	25562
section 1509.72 of the Revised Code. If the parcel of land that is	25563
the subject of the nomination has not been classified, the	25564
commission immediately shall send a copy of the nomination to the	25565
state agency that owns or controls the parcel that is the subject	25566
of the nomination. Not later than fifteen days after receipt of a	25567
copy of the nomination, the state agency shall classify the parcel	25568
of land as a class 1, class 2, class 3, or class 4 property and	25569
submit the classification to the commission. On receipt of the	25570
state agency's classification of the parcel of land, the	25571
commission shall provide the department of natural resources the	25572
information necessary for the department to comply with divisions	25573
(C) and (D) of section 1509.72 of the Revised Code.	25574

After a parcel of land that is the subject of a nomination	25575
has been classified under section 1509.72 of the Revised Code or	25576
division (B)(1) of this section, as applicable, the commission	25577
shall approve or disapprove the nomination. In making its decision	25578
to approve or disapprove the nomination of the parcel of land, the	25579
commission shall consider all of the following:	25580

(a) The economic benefits, including the potential income	25581
from an oil or natural gas operation, that would result if the	25582
lease of a formation that is the subject of the nomination were	25583
approved;	25584

(b) Whether the proposed oil or gas operation is compatible	25585
with the current uses of the parcel of land that is the subject of	25586
the nomination;	25587

(c) The environmental impact that would result if the lease	25588
of a formation that is the subject of the nomination were	25589
approved;	25590

(d) Any potential adverse geological impact that would result	25591
if the lease of a formation that is the subject of the nomination	25592
were approved;	25593

(e) Any potential impact to visitors or users of a parcel of	25594
land that is the subject of the nomination;	25595

(f) Any potential impact to the operations or equipment of a	25596
state agency that is a state university or college if the lease of	25597
a formation within a parcel of land owned or controlled by the	25598
university or college that is the subject of the nomination were	25599
executed;	25600

(g) Any objections to the nomination submitted to the	25601
commission by the state agency that owns or controls the land on	25602
which the proposed oil or natural gas operation would take place;	25603

(h) Any comments or objections to the nomination submitted to	25604
the commission by residents of this state or other users of the	25605
parcel of land that is the subject of the nomination;	25606

(i) Any other factors that the commission establishes in	25607
rules adopted under section 1509.74 of the Revised Code.	25608

(2) The commission shall disapprove a nomination of a parcel	25609
of land that is a class 3 property. The commission shall send	25610
notice of the disapproval by certified mail to the person that	25611
submitted the nomination.	25612

(3) Prior to making its decision to approve or disapprove a	25613
nomination, the commission shall notify the state agency that owns	25614
or controls the land on which the oil or gas operation would take	25615
place.	25616

(4) The commission shall approve or disapprove a nomination	25617
not later than two calendar quarters following the receipt of the	25618
nomination. Notice of the decision of the commission shall be sent	25619
by certified mail to the person that submitted the nomination.	25620

(5) If the commission approves a nomination, the commission	25621
shall notify the state agency that owns or controls the parcel of	25622
land that is the subject of a nomination of the commission's	25623
approval of the nomination. The notification shall request the	25624
state agency to submit to the commission special terms and	25625
conditions that will apply to the lease of a formation within the	25626
parcel of land because of specific conditions related to the	25627
parcel of land. The state agency shall submit the special terms	25628
and conditions not later than sixty days after receipt of a notice	25629
from the commission.	25630

(6) If the commission approves a nomination for a parcel of	25631
land that is a class 1 property, the commission shall offer for	25632
lease each formation that is within the parcel of land. If the	25633
commission approves a nomination for a parcel of land that is a	25634
class 2 or class 4 property, the commission shall not offer for	25635
lease any formation that is within the parcel of land unless the	25636
state agency that owns or controls the parcel of land notifies the	25637
commission that a formation or formations that are within the	25638
parcel of land may be offered for lease.	25639

(C) Each calendar quarter, the commission shall proceed to	25640
advertise for bids for a lease for a formation within a parcel of	25641
land that was the subject of a nomination approved during the	25642
previous calendar quarter that is a class 1 property or that is a	25643
class 2 or class 4 property for which the commission has received	25644
notice from the state agency that owns or controls the parcel of	25645
land under division (B)(6) of this section that a formation or	25646
formations that are within the parcel of land may be offered for	25647
lease. The advertisement shall be provided to the department of	25648
natural resources, and the department shall publish the	25649
advertisement on its web site for a period of time established by	25650
the commission. The advertisement shall include all of the	25651
following:	25652

(1) The procedure for the submission of a bid to enter into a	25653
lease for a formation within a parcel of land;	25654

(2) A statement that a standard lease form that is consistent	25655
with the practices of the oil and natural gas industries will be	25656
used for the lease of a formation within the parcel of land;	25657

(3) A copy of the standard lease form that will be used for	25658
the lease of a formation within the parcel of land;	25659

(4) Special terms and conditions, if applicable, that apply	25660
to the lease because of specific conditions related to the parcel	25661
of land;	25662

(5) The amount of the bid fee that is required to be	25663
submitted with a bid;	25664

(6) Any other information that the commission considers	25665
pertinent to the advertisement for bids.	25666

(D) A person submitting a bid to enter into a lease under	25667
this section shall pay a bid fee established in rules adopted	25668
under section 1509.74 of the Revised Code.	25669

(E) In order to encourage the submission of bids and the	25670
responsible and reasonable development of the state's natural	25671
resources, the information that is contained in a bid submitted to	25672
the commission under this section shall be confidential and shall	25673
not be disclosed before a person is selected under division (F) of	25674
this section unless the commission determines otherwise.	25675

(F) The commission shall establish a deadline for the	25676
submission of bids for each lease regarding a particular parcel of	25677
land and shall notify the department of the deadline. The	25678
department shall post the deadline for the submission of bids for	25679
each lease on the department's web site. A person shall submit a	25680
bid in accordance with the procedures and requirements established	25681
by the commission in rules adopted under section 1509.74 of the	25682
Revised Code.	25683

The commission shall select the person who submits the	25684
highest and best bid for each formation within that parcel of	25685
land, taking into account the financial responsibility of the	25686
prospective lessee and the ability of the prospective lessee to	25687
perform its obligations under the lease. After the commission	25688
selects a person, the commission shall notify the applicable state	25689
agency and send the person's bid to the agency. The state agency	25690
shall enter into a lease with the person selected by the	25691
commission.	25692

(G)(1) Except as otherwise provided in ~~division~~divisions	25693
(G)(2) and (3) of this section, all money received by a state	25694
agency from signing fees, rentals, and royalty payments for leases	25695
entered into under this section shall be paid by the state agency	25696
into the state treasury to the credit of the state land royalty	25697
fund created in section 131.50 of the Revised Code.	25698

(2) Money received by a state agency from signing fees,	25699
rentals, and royalty payments for leases entered into under this	25700
section on land owned or controlled by the division of forestry,	25701
or wildlife~~, or parks and recreation~~ in the department of natural	25702
resources shall be deposited into one of the following funds, as	25703
applicable:	25704

(a) The forestry mineral royalties fund created in section	25705
1503.012 of the Revised Code if the lease pertains to land owned	25706
or controlled by the division of forestry;	25707

(b) The wildlife habitat fund created in section 1531.33 of	25708
the Revised Code if the lease pertains to land owned or controlled	25709
by the division of wildlife;	25710

~~(c) The parks mineral royalties fund created in section~~	25711
~~1541.26 of the Revised Code if the lease pertains to land owned or~~	25712
~~controlled by the division of parks and recreation~~.	25713

(3) Money received by a state agency from signing fees,	25714
rentals, and royalty payments for leases entered into under this	25715
section on land owned or controlled by the division of parks and	25716
recreation in the department of natural resources shall be	25717
deposited in the state treasury and credited as follows:	25718

(a) Fifty per cent of the money shall be credited to the	25719
parks mineral royalties fund created in section 1541.26 of the	25720
Revised Code.	25721

(b) Fifty per cent of the money shall be credited to the	25722
clean Ohio distribution fund created in section 151.50 of the	25723
Revised Code.	25724

(H) All money received from nomination fees and bid fees	25725
shall be paid into the state treasury to the credit of the oil and	25726
gas leasing commission administration fund created in section	25727
1509.75 of the Revised Code.	25728

(I) Notwithstanding any other provision of this section to	25729
the contrary, a nature preserve as defined in section 1517.01 of	25730
the Revised Code that is owned or controlled by a state agency	25731
shall not be nominated or leased under this section for the	25732
purpose of exploring for and developing and producing oil and	25733
natural gas resources.	25734

Sec. 1511.02. The chief of the division of soil and water	25735
resources, subject to the approval of the director of natural	25736
resources, shall do all of the following:	25737

(A) Provide administrative leadership to local soil and water	25738
conservation districts in planning, budgeting, staffing, and	25739
administering district programs and the training of district	25740
supervisors and personnel in their duties, responsibilities, and	25741
authorities as prescribed in this chapter and Chapter 1515. of the	25742
Revised Code;	25743

(B) Administer this chapter and Chapter 1515. of the Revised	25744
Code pertaining to state responsibilities and provide staff	25745
assistance to the Ohio soil and water conservation commission in	25746
exercising its statutory responsibilities;	25747

(C) Assist in expediting state responsibilities for watershed	25748
development and other natural resource conservation works of	25749
improvement;	25750

(D) Coordinate the development and implementation of	25751
cooperative programs and working agreements between local soil and	25752
water conservation districts and divisions or sections of the	25753
department of natural resources, or other agencies of local,	25754
state, and federal government;	25755

(E) Subject to the approval of the Ohio soil and water	25756
conservation commission, adopt, amend, or rescind rules pursuant	25757
to Chapter 119. of the Revised Code. Rules adopted pursuant to	25758
this section:	25759

(1) Shall establish technically feasible and economically	25760
reasonable standards to achieve a level of management and	25761
conservation practices in farming or silvicultural operations that	25762
will abate wind or water erosion of the soil or abate the	25763
degradation of the waters of the state by animal waste or by soil	25764
sediment including substances attached thereto, and establish	25765
criteria for determination of the acceptability of such management	25766
and conservation practices;	25767

(2) Shall establish technically feasible and economically	25768
reasonable standards to achieve a level of management and	25769
conservation practices that will abate wind or water erosion of	25770
the soil or abate the degradation of the waters of the state by	25771
soil sediment in conjunction with land grading, excavating,	25772
filling, or other soil-disturbing activities on land used or being	25773
developed for nonfarm commercial, industrial, residential, or	25774
other nonfarm purposes, and establish criteria for determination	25775
of the acceptability of such management and conservation	25776
practices. The standards shall be designed to implement applicable	25777
areawide waste treatment management plans prepared under section	25778
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	25779
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	25780
shall not apply in any municipal corporation or county that adopts	25781
ordinances or rules pertaining to sediment control, nor to lands	25782
being used in a strip mine operation as defined in section 1513.01	25783
of the Revised Code, nor to lands being used in a surface mining	25784
operation as defined in section 1514.01 of the Revised Code.	25785

(3) May recommend criteria and procedures for the approval of	25786
urban sediment pollution abatement plans and issuance of permits	25787
prior to any grading, excavating, filling, or other whole or	25788
partial disturbance of five or more contiguous acres of land owned	25789
by one person or operated as one development unit and require	25790
implementation of such a plan. Areas of less than five contiguous	25791
acres are not exempt from compliance with other provisions of this	25792
chapter and rules adopted under them.	25793

(4) Shall establish procedures for administration of rules	25794
for agricultural pollution abatement and urban sediment pollution	25795
abatement and for enforcement of rules for agricultural pollution	25796
abatement;	25797

(5) Shall specify the pollution abatement practices eligible	25798
for state cost sharing and determine the conditions for	25799
eligibility, the construction standards and specifications, the	25800
useful life, the maintenance requirements, and the limits of cost	25801
sharing for those practices. Eligible practices shall be limited	25802
to practices that address agricultural or silvicultural operations	25803
and that require expenditures that are likely to exceed the	25804
economic returns to the owner or operator and that abate soil	25805
erosion or degradation of the waters of the state by animal waste	25806
or soil sediment including pollutants attached thereto.	25807

(6) Shall establish procedures for administering grants to	25808
owners or operators of agricultural land or concentrated animal	25809
feeding operations for the implementation of operation and	25810
management plans;	25811

(7) Shall establish procedures for administering grants to	25812
soil and water conservation districts for urban sediment pollution	25813
abatement programs, specify the types of projects eligible for	25814
grants, establish limits on the availability of grants, and	25815
establish requirements governing the execution of projects to	25816
encourage the reduction of erosion and sedimentation associated	25817
with soil-disturbing activities;	25818

(8) Shall do all of the following with regard to composting	25819
conducted in conjunction with agricultural operations:	25820

(a) Provide for the distribution of educational material	25821
concerning composting to the offices of ~~the Ohio cooperative~~OSU	25822
extension ~~service~~ for the purposes of section 1511.022 of the	25823
Revised Code;	25824

(b) Establish methods, techniques, or practices for	25825
composting dead animals, or particular types of dead animals, that	25826
are to be used at such operations, as the chief considers to be	25827
necessary or appropriate;	25828

(c) Establish requirements and procedures governing the	25829
review and approval or disapproval of composting plans by the	25830
supervisors of soil and water conservation districts under	25831
division (Q) of section 1515.08 of the Revised Code.	25832

(9) Shall be adopted, amended, or rescinded after the chief	25833
does all of the following:	25834

(a) Mails notice to each statewide organization that the	25835
chief determines represents persons or local governmental agencies	25836
who would be affected by the proposed rule, amendment thereto, or	25837
rescission thereof at least thirty-five days before any public	25838
hearing thereon;	25839

(b) Mails a copy of each proposed rule, amendment thereto, or	25840
rescission thereof to any person who requests a copy, within five	25841
days after receipt of the request;	25842

(c) Consults with appropriate state and local governmental	25843
agencies or their representatives, including statewide	25844
organizations of local governmental officials, industrial	25845
representatives, and other interested persons;	25846

(d) If the rule relates to agricultural pollution abatement,	25847
develops an economic impact statement concerning the effect of the	25848
proposed rule or amendment.	25849

(10) Shall not conflict with air or water quality standards	25850
adopted pursuant to section 3704.03 or 6111.041 of the Revised	25851
Code. Compliance with rules adopted pursuant to this section does	25852
not affect liability for noncompliance with air or water quality	25853
standards adopted pursuant to section 3704.03 or 6111.041 of the	25854
Revised Code. The application of a level of management and	25855
conservation practices recommended under this section to control	25856
windblown soil from farming operations creates a presumption of	25857
compliance with section 3704.03 of the Revised Code as that	25858
section applies to windblown soil.	25859

(11) Insofar as the rules relate to urban sediment pollution,	25860
shall not be applicable in a municipal corporation or county that	25861
adopts ordinances or rules for urban sediment control, except that	25862
a municipal corporation or county that adopts such ordinances or	25863
rules may receive moneys for urban sediment control that are	25864
disbursed by the board of supervisors of the applicable soil and	25865
water conservation district under division (N) of section 1515.08	25866
of the Revised Code. The rules shall not exempt any person from	25867
compliance with municipal ordinances enacted pursuant to Section 3	25868
of Article XVIII, Ohio Constitution.	25869

(F) Cost share with landowners on practices established	25870
pursuant to division (E)(5) of this section as moneys are	25871
appropriated and available for that purpose. Any practice for	25872
which cost share is provided shall be maintained for its useful	25873
life. Failure to maintain a cost share practice for its useful	25874
life shall subject the landowner to full repayment to the	25875
division.	25876

(G) Issue orders requiring compliance with any rule adopted	25877
under division (E)(1) of this section or with section 1511.022 of	25878
the Revised Code. Before the chief issues an order, the chief	25879
shall afford each person allegedly liable an adjudication hearing	25880
under Chapter 119. of the Revised Code. The chief may require in	25881
an order that a person who has caused agricultural pollution by	25882
failure to comply with the standards established under division	25883
(E)(1) of this section operate under an operation and management	25884
plan approved by the chief under this section. The chief shall	25885
require in an order that a person who has failed to comply with	25886
division (A) of section 1511.022 of the Revised Code prepare a	25887
composting plan in accordance with rules adopted under division	25888
(E)(10)(c) of this section and operate in accordance with that	25889
plan or that a person who has failed to operate in accordance with	25890
such a plan begin to operate in accordance with it. Each order	25891
shall be issued in writing and contain a finding by the chief of	25892
the facts upon which the order is based and the standard that is	25893
not being met.	25894

(H) Employ field assistants and such other employees as are	25895
necessary for the performance of the work prescribed by Chapter	25896
1515. of the Revised Code, for performance of work of the	25897
division, and as agreed to under working agreements or contractual	25898
arrangements with local soil and water conservation districts,	25899
prescribe their duties, and fix their compensation in accordance	25900
with such schedules as are provided by law for the compensation of	25901
state employees.	25902

All employees of the division, unless specifically exempted	25903
by law, shall be employed subject to the classified civil service	25904
laws in force at the time of employment.	25905

(I) In connection with new or relocated projects involving	25906
highways, underground cables, pipelines, railroads, and other	25907
improvements affecting soil and water resources, including surface	25908
and subsurface drainage:	25909

(1) Provide engineering service as is mutually agreeable to	25910
the Ohio soil and water conservation commission and the director	25911
to aid in the design and installation of soil and water	25912
conservation practices as a necessary component of such projects;	25913

(2) Maintain close liaison between the owners of lands on	25914
which the projects are executed, local soil and water conservation	25915
districts, and authorities responsible for such projects;	25916

(3) Review plans for such projects to ensure their compliance	25917
with standards developed under division (E) of this section in	25918
cooperation with the department of transportation or with any	25919
other interested agency that is engaged in soil or water	25920
conservation projects in the state in order to minimize adverse	25921
impacts on soil and water resources adjacent to or otherwise	25922
affected by these projects;	25923

(4) Recommend measures to retard erosion and protect soil and	25924
water resources through the installation of water impoundment or	25925
other soil and water conservation practices;	25926

(5) Cooperate with other agencies and subdivisions of the	25927
state to protect the agricultural status of rural lands adjacent	25928
to such projects and control adverse impacts on soil and water	25929
resources.	25930

(J) Collect, analyze, inventory, and interpret all available	25931
information pertaining to the origin, distribution, extent, use,	25932
and conservation of the soil resources of the state;	25933

(K) Prepare and maintain up-to-date reports, maps, and other	25934
materials pertaining to the soil resources of the state and their	25935
use and make that information available to governmental agencies,	25936
public officials, conservation entities, and the public;	25937

(L) Provide soil and water conservation districts with	25938
technical assistance including on-site soil investigations and	25939
soil interpretation reports on the suitability or limitations of	25940
soil to support a particular use or to plan soil conservation	25941
measures. The assistance shall be upon such terms as are mutually	25942
agreeable to the districts and the department of natural	25943
resources.	25944

(M) Assist local government officials in utilizing land use	25945
planning and zoning, current agricultural use value assessment,	25946
development reviews, and land management activities;	25947

(N) When necessary for the purposes of this chapter or	25948
Chapter 1515. of the Revised Code, develop or approve operation	25949
and management plans.	25950

This section does not restrict the excrement of domestic or	25951
farm animals defecated on land outside a concentrated animal	25952
feeding operation or runoff therefrom into the waters of the	25953
state.	25954

Sec. 1511.022. (A) Any person who owns or operates an	25955
agricultural operation, or owns the animals raised by the owner or	25956
operator of an agricultural operation, and who wishes to conduct	25957
composting of dead animals resulting from the agricultural	25958
operation shall do both of the following:	25959

(1) Participate in an educational course concerning	25960
composting conducted by ~~the Ohio cooperative~~OSU extension ~~service~~	25961
and obtain a certificate of completion for the course;	25962

(2) Use the appropriate method, technique, or practice of	25963
composting established in rules adopted under division (E)(8) of	25964
section 1511.02 of the Revised Code.	25965

(B) Any person who fails to comply with division (A) of this	25966
section shall prepare and operate under a composting plan in	25967
accordance with an order issued by the chief of the division of	25968
soil and water resources under division (G) of section 1511.02 of	25969
the Revised Code. If the person's proposed composting plan is	25970
disapproved by the board of supervisors of the appropriate soil	25971
and water conservation district under division (Q)(3) of section	25972
1515.08 of the Revised Code, the person may appeal the plan	25973
disapproval to the chief, who shall afford the person a hearing.	25974
Following the hearing, the chief shall uphold the plan disapproval	25975
or reverse it. If the chief reverses the disapproval, the plan	25976
shall be deemed approved.	25977

Sec. 1519.05. (A) As used in this section, "local political	25978
subdivision" and "nonprofit organization" have the same meanings	25979
as in section 164.20 of the Revised Code.	25980

(B) There is hereby created in the state treasury the clean	25981
Ohio trail fund. Twelve and one-half per cent of the net proceeds	25982
of obligations issued and sold pursuant to sections 151.01 and	25983
151.09 of the Revised Code shall be deposited into the fund. The	25984
fund also shall consist of money credited to it under section	25985
151.50 of the Revised Code.	25986

Investment earnings of the fund shall be credited to the fund	25987
and may be used to pay costs incurred by the director of natural	25988
resources in administering this section.	25989

Money in the clean Ohio trail fund shall not be used for the	25990
appropriation of land, rights, rights-of-way, franchises,	25991
easements, or other property through the exercise of the right of	25992
eminent domain.	25993

The director shall use moneys in the fund exclusively to	25994
provide matching grants to nonprofit organizations and to local	25995
political subdivisions for the purposes of purchasing land or	25996
interests in land for recreational trails and for the construction	25997
of such trails. A matching grant may provide up to seventy-five	25998
per cent of the cost of a recreational trail project, and the	25999
recipient of the matching grant shall provide not less than	26000
twenty-five per cent of that cost.	26001

(C) The director shall establish policies for the purposes of	26002
this section. The policies shall establish all of the following:	26003

(1) Procedures for providing matching grants to nonprofit	26004
organizations and local political subdivisions for the purposes of	26005
purchasing land or interests in land for recreational trails and	26006
for the construction of such trails, including, without	26007
limitation, procedures for both of the following:	26008

(a) Developing a grant application form and soliciting,	26009
accepting, and approving grant applications;	26010

(b) Participation by nonprofit organizations and local	26011
political subdivisions in the application process.	26012

(2) A requirement that an application for a matching grant	26013
for a recreational trail project include a copy of a resolution	26014
supporting the project from each county in which the proposed	26015
project is to be conducted and whichever of the following is	26016
applicable:	26017

(a) If the proposed project is to be conducted wholly within	26018
the geographical boundaries of one township, a copy of a	26019
resolution supporting the project from the township;	26020

(b) If the proposed project is to be conducted wholly within	26021
the geographical boundaries of one municipal corporation, a copy	26022
of a resolution supporting the project from the municipal	26023
corporation;	26024

(c) If the proposed project is to be conducted in more than	26025
one, but fewer than five townships or municipal corporations, a	26026
copy of a resolution supporting the project from at least one-half	26027
of the total number of townships and municipal corporations in	26028
which the proposed project is to be conducted;	26029

(d) If the proposed project is to be conducted in five or	26030
more municipal corporations, a copy of a resolution supporting the	26031
project from at least three-fifths of the total number of	26032
townships and municipal corporations in which the proposed project	26033
is to be conducted.	26034

(3) Eligibility criteria that must be satisfied by an	26035
applicant in order to receive a matching grant and that emphasize	26036
the following:	26037

(a) Synchronization with the statewide trail plan;

26038

(b) Complete regional systems and links to the statewide	26039
trail system;	26040

26041

(d) The provision of links in urban areas that support	26042
commuter access and show economic impact on local communities;	26043

(e) The linkage of population centers with public outdoor	26044
recreation areas and facilities;	26045

(f) The purchase of rail lines that are linked to the	26046
statewide trail plan;	26047

(g) The preservation of natural corridors.

26048

(4) Items of value, such as in-kind contributions of land,	26049
easements or other interests in land, labor, or materials, that	26050
may be considered as contributing toward the percentage of the	26051
cost of a recreational trails project that must be provided by a	26052
matching grant recipient.	26053

Sec. 1531.06. (A) The chief of the division of wildlife,	26054
with the approval of the director of natural resources, may	26055
acquire by gift, lease, purchase, or otherwise lands or surface	26056
rights upon lands and waters or surface rights upon waters for	26057
wild animals, fish or game management, preservation, propagation,	26058
and protection, outdoor and nature activities, public fishing and	26059
hunting grounds, and flora and fauna preservation. The chief, with	26060
the approval of the director, may receive by grant, devise,	26061
bequest, donation, or assignment evidences of indebtedness, the	26062
proceeds of which are to be used for the purchase of such lands or	26063
surface rights upon lands and waters or surface rights upon	26064
waters.	26065

(B)(1) The chief shall adopt rules for the protection of	26066
state-owned or leased lands and waters and property under the	26067
control of the division of wildlife against wrongful use or	26068
occupancy that will ensure the carrying out of the intent of this	26069
section, protect those lands, waters, and property from	26070
depredations, and preserve them from molestation, spoilation,	26071
destruction, or any improper use or occupancy thereof, including	26072
rules with respect to recreational activities and for the	26073
government and use of such lands, waters, and property.	26074

(2) The chief may adopt rules benefiting wild animals, fish	26075
or game management, preservation, propagation, and protection,	26076
outdoor and nature activities, public fishing and hunting grounds,	26077
and flora and fauna preservation, and regulating the taking and	26078
possession of wild animals on any lands or waters owned or leased	26079
or under the division's supervision and control and, for a	26080
specified period of years, may prohibit or recall the taking and	26081
possession of any wild animal on any portion of such lands or	26082
waters. The division clearly shall define and mark the boundaries	26083
of the lands and waters owned or leased or under its supervision	26084
and control upon which the taking of any wild animal is	26085
prohibited.	26086

(C) The chief, with the approval of the director, may acquire	26087
by gift, lease, or purchase land for the purpose of establishing	26088
state fish hatcheries and game farms and may erect on it buildings	26089
or structures that are necessary.	26090

The title to or lease of such lands and waters shall be taken	26091
by the chief in the name of the state. The lease or purchase price	26092
of all such lands and waters may be paid from hunting and trapping	26093
and fishing licenses and any other funds.	26094

(D) To provide more public recreation, stream and lake	26095
agreements for public fishing only may be obtained under rules	26096
adopted by the chief.	26097

(E) The chief, with the approval of the director, may	26098
establish user fees for the use of special public facilities or	26099
participation in special activities on lands and waters	26100
administered by the division. The special facilities and	26101
activities may include hunting or fishing on special designated	26102
public lands and waters intensively managed or stocked with	26103
artificially propagated game birds or fish, field trial	26104
facilities, wildlife nature centers, firearm ranges, boat mooring	26105
facilities, camping sites, and other similar special facilities	26106
and activities. The chief shall determine whether the user fees	26107
are refundable and shall ensure that that information is provided	26108
at the time the user fees are paid.	26109

(F) The chief, with the approval of the director, may enter	26110
into lease agreements for rental of concessions or other special	26111
projects situated on state-owned or leased lands or waters or	26112
other property under the division's control. The chief shall set	26113
and collect the fees for concession rentals or other special	26114
projects; regulate through contracts between the division and	26115
concessionaires the sale of tangible objects at concessions or	26116
other special projects; and keep a record of all such fee payments	26117
showing the amount received, from whom received, and for what	26118
purpose the fee was collected.	26119

(G) The chief may sell or donate conservation-related items	26120
or items that promote wildlife conservation, including, but not	26121
limited to, stamps, pins, badges, books, bulletins, maps,	26122
publications, calendars, and any other educational article or	26123
artifact pertaining to wild animals; sell confiscated or forfeited	26124
items; and sell surplus structures and equipment, and timber or	26125
crops from lands owned, administered, leased, or controlled by the	26126
division. The chief, with the approval of the director, also may	26127
engage in campaigns and special events that promote wildlife	26128
conservation by selling or donating wildlife-related materials,	26129
memberships, and other items of promotional value.	26130

(H) The chief may sell, lease, or transfer minerals or	26131
mineral rights, with the approval of the director, when the chief	26132
and the director determine it to be in the best interest of the	26133
state. Upon approval of the director, the chief may make, execute,	26134
and deliver contracts, including leases, to mine, drill, or	26135
excavate iron ore, stone, coal, salt, and other minerals, other	26136
than oil or gas, upon and under lands owned by the state and	26137
administered by the division to any person who complies with the	26138
terms of such a contract. No such contract shall be valid for more	26139
than fifty years from its effective date. Consideration for	26140
minerals and mineral rights shall be by rental or royalty basis as	26141
prescribed by the chief and payable as prescribed by contract.	26142
Moneys collected under this division shall be paid into the state	26143
treasury to the credit of the wildlife habitat fund created in	26144
section 1531.33 of the Revised Code. Contracts entered into under	26145
this division also may provide for consideration for minerals or	26146
mineral rights in the form of acquisition of lands as provided	26147
under divisions (A) and (C) of this section.	26148

(I) All moneys received under divisions (E), (F), and (G) of	26149
this section shall be paid into the state treasury to the credit	26150
of a fund that shall be used for the purposes outlined in section	26151
1533.15 of the Revised Code and for the management of other wild	26152
animals for their ecological and nonconsumptive recreational value	26153
or benefit.	26154

(J) The chief, with the approval of the director, may barter	26155
or sell wild animals to other states, state or federal agencies,	26156
and conservation or zoological organizations. Moneys received from	26157
the sale of wild animals shall be deposited into the ~~wild animal~~	26158
wildlife fund created in section ~~1531.34~~1531.17 of the Revised	26159
Code.	26160

(K) The chief shall adopt rules establishing standards and	26161
guidelines for the administration of contraceptive chemicals to	26162
noncaptive wild animals. The rules may specify chemical delivery	26163
methods and devices and monitoring requirements.	26164

The chief shall establish criteria for the issuance of and	26165
shall issue permits for the administration of contraceptive	26166
chemicals to noncaptive wild animals. No person shall administer	26167
contraceptive chemicals to noncaptive wild animals without a	26168
permit issued by the chief.	26169

(L) All fees set by the chief under this section shall be	26170
approved by the wildlife council.	26171

(M) Information contained in the wildlife diversity database	26172
that is established pursuant to division (B)(2) of this section	26173
and section 1531.25 of the Revised Code may be made available to	26174
any individual or public or private agency for research,	26175
educational, environmental, land management, or other similar	26176
purposes that are not detrimental to the conservation of a species	26177
or feature. Information regarding sensitive site locations of	26178
species that are listed pursuant to section 1531.25 of the Revised	26179
Code and of features that are included in the wildlife diversity	26180
database is not subject to section 149.43 of the Revised Code if	26181
the chief determines that the release of the information could be	26182
detrimental to the conservation of a species or feature.	26183

Sec. 1531.17. All fines, penalties, and forfeitures arising	26184
from prosecutions, convictions, confiscations, or otherwise under	26185
this chapter and Chapters 1517. and 1533. of the Revised Code,	26186
unless otherwise directed by the director of natural resources,	26187
shall be paid by the officer by whom collected to the director and	26188
by ~~him~~the director paid into the state treasury to the credit of	26189
the wildlife fund, which is hereby created, for the use of the	26190
division of wildlife. All moneys received from the sale of wild	26191
animals under division (J) of section 1531.06 shall be paid into	26192
the state treasury to the credit of the wildlife fund for the use	26193
of the division. All moneys collected as license fees on nets in	26194
the Lake Erie fishing district shall be paid by the director into	26195
the state treasury to the credit of the wildlife fund for use only	26196
in the betterment and the propagation of fish therein or in	26197
otherwise propagating fish in such district. All investment	26198
earnings of the fund shall be credited to the fund. The wildlife	26199
fund shall not be used for compensation of personnel employed by	26200
other divisions of the department of natural resources who are	26201
assigned to law enforcement duties in aid of the division of	26202
wildlife or for compensation of division of wildlife personnel for	26203
activities related to the instruction of personnel of other	26204
divisions.	26205

Sec. 1545.071. ~~The following applies until the department of~~	26206
~~administrative services implements for park districts the health~~	26207
~~care plans under section 9.901 of the Revised Code. If those plans~~	26208
~~do not include or address any benefits listed in this section, the~~	26209
~~following provisions continue in effect for those benefits.~~	26210

The board of park commissioners of any park district may	26211
procure and pay all or any part of the cost of group insurance	26212
policies that may provide benefits for hospitalization, surgical	26213
care, major medical care, disability, dental care, eye care,	26214
medical care, hearing aids, or prescription drugs, or sickness and	26215
accident insurance or a combination of any of the foregoing types	26216
of insurance or coverage for park district officers and employees	26217
and their immediate dependents issued by an insurance company duly	26218
authorized to do business in this state.	26219

The board may procure and pay all or any part of the cost of	26220
group life insurance to insure the lives of park district	26221
employees.	26222

The board also may contract for group health care services	26223
with health insuring corporations holding a certificate of	26224
authority under Chapter 1751. of the Revised Code provided that	26225
each officer or employee is permitted to:	26226

(A) Choose between a plan offered by an insurance company and	26227
a plan offered by a health insuring corporation and provided	26228
further that the officer or employee pays any amount by which the	26229
cost of the plan chosen by the officer or employee exceeds the	26230
cost of the plan offered by the board under this section;	26231

(B) Change the choice made under division (A) of this section	26232
at a time each year as determined in advance by the board.	26233

Any appointed member of the board of park commissioners and	26234
the spouse and dependent children of the member may be covered, at	26235
the option and expense of the member, as a noncompensated employee	26236
of the park district under any benefit plan described in division	26237
(A) of this section. The member shall pay to the park district the	26238
amount certified to it by the benefit provider as the provider's	26239
charge for the coverage the member has chosen under division (A)	26240
of this section. Payments for coverage shall be made, in advance,	26241
in a manner prescribed by the board. The member's exercise of an	26242
option to be covered under this section shall be in writing,	26243
announced at a regular public meeting of the board, and recorded	26244
as a public record in the minutes of the board.	26245

The board may provide the benefits authorized in this section	26246
by contributing to a health and welfare trust fund administered	26247
through or in conjunction with a collective bargaining	26248
representative of the park district employees.	26249

The board may provide the benefits described in this section	26250
through an individual self-insurance program or a joint	26251
self-insurance program as provided in section 9.833 of the Revised	26252
Code.	26253

Sec. 1545.23. If a park district enters into an agreement	26254
for the sale or lease of mineral rights regarding a park within	26255
the district, any royalties or other moneys resulting from the	26256
sale or lease shall be deposited into a special fund that the	26257
board of park commissioners shall create. The fund shall be used	26258
exclusively for maintenance of parks within the district and for	26259
the acquisition of new park lands.	26260

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	26261
Revised Code is guilty of a felony of the fourth degree.	26262

(B) Whoever violates division (F) of section 1547.08, section	26263
1547.10, division (I) of section 1547.111, section 1547.13, or	26264
section 1547.66 of the Revised Code is guilty of a misdemeanor of	26265
the first degree.	26266

(C) Whoever violates a provision of this chapter or a rule	26267
adopted thereunder, for which no penalty is otherwise provided, is	26268
guilty of a minor misdemeanor.	26269

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	26270
the Revised Code without causing injury to persons or damage to	26271
property is guilty of a misdemeanor of the fourth degree.	26272

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	26273
the Revised Code causing injury to persons or damage to property	26274
is guilty of a misdemeanor of the third degree.	26275

(F) Whoever violates division (N) of section 1547.54,	26276
division (G) of section 1547.30, or section 1547.131, 1547.25,	26277
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	26278
of the Revised Code or a rule adopted under division (A)(2) of	26279
section 1547.52 of the Revised Code is guilty of a misdemeanor of	26280
the fourth degree.	26281

(G) Whoever violates section 1547.11 of the Revised Code is	26282
guilty of a misdemeanor of the first degree and shall be punished	26283
as provided in division (G)(1), (2), or (3) of this section.	26284

(1) Except as otherwise provided in division (G)(2) or (3) of	26285
this section, the court shall sentence the offender to a jail term	26286
of three consecutive days and may sentence the offender pursuant	26287
to section 2929.24 of the Revised Code to a longer jail term. In	26288
addition, the court shall impose upon the offender a fine of not	26289
less than one hundred fifty nor more than one thousand dollars.	26290

The court may suspend the execution of the mandatory jail	26291
term of three consecutive days that it is required to impose by	26292
division (G)(1) of this section if the court, in lieu of the	26293
suspended jail term, places the offender under a community control	26294
sanction pursuant to section 2929.25 of the Revised Code and	26295
requires the offender to attend, for three consecutive days, a	26296
drivers' intervention program that is certified pursuant to	26297
section ~~3793.10~~5119.38 of the Revised Code. The court also may	26298
suspend the execution of any part of the mandatory jail term of	26299
three consecutive days that it is required to impose by division	26300
(G)(1) of this section if the court places the offender under a	26301
community control sanction pursuant to section 2929.25 of the	26302
Revised Code for part of the three consecutive days; requires the	26303
offender to attend, for that part of the three consecutive days, a	26304
drivers' intervention program that is certified pursuant to	26305
section ~~3793.10~~5119.38 of the Revised Code; and sentences the	26306
offender to a jail term equal to the remainder of the three	26307
consecutive days that the offender does not spend attending the	26308
drivers' intervention program. The court may require the offender,	26309
as a condition of community control, to attend and satisfactorily	26310
complete any treatment or education programs, in addition to the	26311
required attendance at a drivers' intervention program, that the	26312
operators of the drivers' intervention program determine that the	26313
offender should attend and to report periodically to the court on	26314
the offender's progress in the programs. The court also may impose	26315
any other conditions of community control on the offender that it	26316
considers necessary.	26317

(2) If, within six years of the offense, the offender has	26318
been convicted of or pleaded guilty to one violation of section	26319
1547.11 of the Revised Code or one other equivalent offense, the	26320
court shall sentence the offender to a jail term of ten	26321
consecutive days and may sentence the offender pursuant to section	26322
2929.24 of the Revised Code to a longer jail term. In addition,	26323
the court shall impose upon the offender a fine of not less than	26324
one hundred fifty nor more than one thousand dollars.	26325

In addition to any other sentence that it imposes upon the	26326
offender, the court may require the offender to attend a drivers'	26327
intervention program that is certified pursuant to section ~~3793.10~~	26328
5119.38 of the Revised Code.	26329

(3) If, within six years of the offense, the offender has	26330
been convicted of or pleaded guilty to more than one violation or	26331
offense identified in division (G)(2) of this section, the court	26332
shall sentence the offender to a jail term of thirty consecutive	26333
days and may sentence the offender to a longer jail term of not	26334
more than one year. In addition, the court shall impose upon the	26335
offender a fine of not less than one hundred fifty nor more than	26336
one thousand dollars.	26337

In addition to any other sentence that it imposes upon the	26338
offender, the court may require the offender to attend a drivers'	26339
intervention program that is certified pursuant to section ~~3793.10~~	26340
5119.38 of the Revised Code.	26341

(4) Upon a showing that serving a jail term would seriously	26342
affect the ability of an offender sentenced pursuant to division	26343
(G)(1), (2), or (3) of this section to continue the offender's	26344
employment, the court may authorize that the offender be granted	26345
work release after the offender has served the mandatory jail term	26346
of three, ten, or thirty consecutive days that the court is	26347
required by division (G)(1), (2), or (3) of this section to	26348
impose. No court shall authorize work release during the mandatory	26349
jail term of three, ten, or thirty consecutive days that the court	26350
is required by division (G)(1), (2), or (3) of this section to	26351
impose. The duration of the work release shall not exceed the time	26352
necessary each day for the offender to commute to and from the	26353
place of employment and the place in which the jail term is served	26354
and the time actually spent under employment.	26355

(5) Notwithstanding any section of the Revised Code that	26356
authorizes the suspension of the imposition or execution of a	26357
sentence or the placement of an offender in any treatment program	26358
in lieu of being imprisoned or serving a jail term, no court shall	26359
suspend the mandatory jail term of ten or thirty consecutive days	26360
required to be imposed by division (G)(2) or (3) of this section	26361
or place an offender who is sentenced pursuant to division (G)(2)	26362
or (3) of this section in any treatment program in lieu of being	26363
imprisoned or serving a jail term until after the offender has	26364
served the mandatory jail term of ten or thirty consecutive days	26365
required to be imposed pursuant to division (G)(2) or (3) of this	26366
section. Notwithstanding any section of the Revised Code that	26367
authorizes the suspension of the imposition or execution of a	26368
sentence or the placement of an offender in any treatment program	26369
in lieu of being imprisoned or serving a jail term, no court,	26370
except as specifically authorized by division (G)(1) of this	26371
section, shall suspend the mandatory jail term of three	26372
consecutive days required to be imposed by division (G)(1) of this	26373
section or place an offender who is sentenced pursuant to division	26374
(G)(1) of this section in any treatment program in lieu of	26375
imprisonment until after the offender has served the mandatory	26376
jail term of three consecutive days required to be imposed	26377
pursuant to division (G)(1) of this section.	26378

(6) As used in division (G) of this section:

26379

(a) "Equivalent offense" has the same meaning as in section	26380
4511.181 of the Revised Code.	26381

(b) "Jail term" and "mandatory jail term" have the same	26382
meanings as in section 2929.01 of the Revised Code.	26383

(H) Whoever violates section 1547.304 of the Revised Code is	26384
guilty of a misdemeanor of the fourth degree and also shall be	26385
assessed any costs incurred by the state or a county, township,	26386
municipal corporation, or other political subdivision in disposing	26387
of an abandoned junk vessel or outboard motor, less any money	26388
accruing to the state, county, township, municipal corporation, or	26389
other political subdivision from that disposal.	26390

(I) Whoever violates division (B) or (C) of section 1547.49	26391
of the Revised Code is guilty of a minor misdemeanor.	26392

(J) Whoever violates section 1547.31 of the Revised Code is	26393
guilty of a misdemeanor of the fourth degree on a first offense.	26394
On each subsequent offense, the person is guilty of a misdemeanor	26395
of the third degree.	26396

(K) Whoever violates section 1547.05 or 1547.051 of the	26397
Revised Code is guilty of a misdemeanor of the fourth degree if	26398
the violation is not related to a collision, injury to a person,	26399
or damage to property and a misdemeanor of the third degree if the	26400
violation is related to a collision, injury to a person, or damage	26401
to property.	26402

(L) The sentencing court, in addition to the penalty provided	26403
under this section for a violation of this chapter or a rule	26404
adopted under it that involves a powercraft powered by more than	26405
ten horsepower and that, in the opinion of the court, involves a	26406
threat to the safety of persons or property, shall order the	26407
offender to complete successfully a boating course approved by the	26408
national association of state boating law administrators before	26409
the offender is allowed to operate a powercraft powered by more	26410
than ten horsepower on the waters in this state. Violation of a	26411
court order entered under this division is punishable as contempt	26412
under Chapter 2705. of the Revised Code.	26413

Sec. 1548.02. The chief of the division of watercraft shall	26414
adopt such rules as the chief considers necessary to ensure	26415
uniform and orderly operation of this chapter, and the clerks of	26416
the courts of common pleas shall conform to those rules. The chief	26417
shall receive and file in the chief's office all information	26418
forwarded to the chief by the clerks under this chapter and shall	26419
maintain indexes covering the state at large for that information.	26420
These indexes shall be for the state at large and not for	26421
individual counties.	26422

The chief shall check with the chief's record all duplicate	26423
certificates of title received in the chief's office from the	26424
clerks.	26425

If it appears that any certificate of title has been	26426
improperly issued or is no longer required, the chief shall cancel	26427
the certificate. Upon the cancellation of any certificate of	26428
title, the chief shall notify the clerk who issued it, and the	26429
clerk shall enter the cancellation in the clerk's records. The	26430
chief also shall notify the person to whom the certificate of	26431
title was issued, as well as any lienholders appearing on it, of	26432
the cancellation and, if it is a physical certificate of title,	26433
shall demand the surrender of the certificate of title, but the	26434
cancellation shall not affect the validity of any lien noted on	26435
it. The holder of a physical certificate of title shall return it	26436
to the chief immediately.	26437

The clerks shall keep on hand a sufficient supply of blank	26438
forms that, except certificate of title and memorandum certificate	26439
forms, shall be furnished and distributed without charge to	26440
registered manufacturers or dealers or to other persons residing	26441
within the county. The clerks shall provide the certificates of	26442
title~~, the~~and ribbons, cartridges, or other devices necessary for	26443
~~data~~the operation of the certificate of title processing~~, and~~	26444
~~removable backup media~~equipment as determined by the automated	26445
title processing board pursuant to division (C) of section 4505.09	26446
of the Revised Code from moneys provided to the clerks from the	26447
automated title processing fund in accordance with division	26448
(B)~~(3)(b)~~ of section 4505.09 of the Revised Code. The clerks shall	26449
furnish all other supplies from other moneys available to the	26450
clerks.	26451

Sec. 1551.33. (A) The director of development services shall	26452
appoint and fix the compensation of the director of the Ohio coal	26453
development office. The director shall serve at the pleasure of	26454
the director of development services.	26455

(B) The director of the office shall do all of the following:

26456

(1) Biennially prepare and maintain the Ohio coal development	26457
agenda required under section 1551.34 of the Revised Code;	26458

(2) Propose and support policies for the office consistent	26459
with the Ohio coal development agenda and develop means to	26460
implement the agenda;	26461

(3) Initiate, undertake, and support projects to carry out	26462
the office's purposes and ensure that the projects are consistent	26463
with and meet the selection criteria established by the Ohio coal	26464
development agenda;	26465

(4) Actively encourage joint participation in and, when	26466
feasible, joint funding of the office's projects with governmental	26467
agencies, electric utilities, universities and colleges, other	26468
public or private interests, or any other person;	26469

(5) Establish a table of organization for and employ such	26470
employees and agents as are necessary for the administration and	26471
operation of the office. Any such employees shall be in the	26472
unclassified service and shall serve at the pleasure of the	26473
director of development services.	26474

(6) ~~Appoint specified members of and convene~~Convene the	26475
technical advisory committee established under section 1551.35 of	26476
the Revised Code;	26477

(7) Review, with the assistance of the technical advisory	26478
committee, proposed coal research and development projects as	26479
defined in section 1555.01 of the Revised Code, and coal	26480
development projects, submitted to the office by public utilities	26481
for the purpose of section 4905.304 of the Revised Code. If the	26482
director and the advisory committee determine that any such	26483
facility or project has as its purpose the enhanced use of Ohio	26484
coal in an environmentally acceptable, cost effective manner,	26485
promotes energy conservation, is cost effective, and is	26486
environmentally sound, the director shall submit to the public	26487
utilities commission a report recommending that the commission	26488
allow the recovery of costs associated with the facility or	26489
project under section 4905.304 of the Revised Code and including	26490
the reasons for the recommendation.	26491

(8) Establish such policies, procedures, and guidelines as	26492
are necessary to achieve the office's purposes.	26493

(C) With the approval of the director of development	26494
services, the director of the office may exercise any of the	26495
powers and duties that the director of development services	26496
considers appropriate or desirable to achieve the office's	26497
purposes, including, but not limited to, the powers and duties	26498
enumerated in sections 1551.11, 1551.12, and 1551.15 of the	26499
Revised Code.	26500

Additionally, the director of the office may make loans to	26501
governmental agencies or persons for projects to carry out the	26502
office's purposes. Fees, charges, rates of interest, times of	26503
payment of interest and principal, and other terms, conditions,	26504
and provisions of the loans shall be such as the director of the	26505
office determines to be appropriate and in furtherance of the	26506
purposes for which the loans are made. The mortgage lien securing	26507
any moneys lent by the director of the office may be subordinate	26508
to the mortgage lien securing any moneys lent or invested by a	26509
financial institution, but shall be superior to that securing any	26510
moneys lent or expended by any other person. The moneys used in	26511
making the loans shall be disbursed upon order of the director of	26512
the office.	26513

Sec. 1551.35. (A) There is hereby established a technical	26514
advisory committee to assist the director of the Ohio coal	26515
development office in achieving the office's purposes. The	26516
director of development services shall appoint to the committee	26517
one member of the public utilities commission and one	26518
representative each of coal production companies, the united mine	26519
workers of America, electric utilities, manufacturers that use	26520
Ohio coal, and environmental organizations, as well as two people	26521
with a background in coal research and development technology, one	26522
of whom is employed at the time of the member's appointment by a	26523
state university, as defined in section 3345.011 of the Revised	26524
Code. In addition, the committee shall include four legislative	26525
members. The speaker and minority leader of the house of	26526
representatives each shall appoint one member of the house of	26527
representatives, and the president and minority leader of the	26528
senate each shall appoint one member of the senate, to the	26529
committee. The director of environmental protection shall serve on	26530
the committee as an ex officio member. Any member of the committee	26531
may designate in writing a substitute to serve in the member's	26532
absence on the committee. The director of environmental protection	26533
may designate in writing the chief of the air pollution control	26534
division of the agency to represent the agency. Members shall	26535
serve on the committee at the pleasure of their appointing	26536
authority. Members of the committee appointed by the director of	26537
~~the office~~development services and, notwithstanding section	26538
101.26 of the Revised Code, legislative members of the committee,	26539
when engaged in their official duties as members of the committee,	26540
shall be compensated on a per diem basis in accordance with	26541
division (J) of section 124.15 of the Revised Code, except that	26542
the member of the public utilities commission and, while employed	26543
by a state university, the member with a background in coal	26544
research, shall not be so compensated. Members shall receive their	26545
actual and necessary expenses incurred in the performance of their	26546
duties.	26547

(B) The technical advisory committee shall review and make	26548
recommendations concerning the Ohio coal development agenda	26549
required under section 1551.34 of the Revised Code, project	26550
proposals, research and development projects submitted to the	26551
office by public utilities for the purpose of section 4905.304 of	26552
the Revised Code, proposals for grants, loans, and loan guarantees	26553
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	26554
and such other topics as the director of the office considers	26555
appropriate.	26556

(C) The technical advisory committee may hold an executive	26557
session at any regular or special meeting for the purpose of	26558
considering research and development project proposals or	26559
applications for assistance submitted to the Ohio coal development	26560
office under section 1551.33, or sections 1555.01 to 1555.06, of	26561
the Revised Code, to the extent that the proposals or applications	26562
consist of trade secrets or other proprietary information.	26563

Any materials or data submitted to, made available to, or	26564
received by the ~~department of~~ development services agency or the	26565
director of the Ohio coal development office in connection with	26566
agreements for assistance entered into under this chapter or	26567
Chapter 1555. of the Revised Code, or any information taken from	26568
those materials or data for any purpose, to the extent that the	26569
materials or data consist of trade secrets or other proprietary	26570
information, are not public records for the purposes of section	26571
149.43 of the Revised Code.	26572

As used in this division, "trade secrets" has the same	26573
meaning as in section 1333.61 of the Revised Code.	26574

Sec. 1555.15. There is hereby created in the state treasury	26575
the coal research and development fund. Moneys obtained for coal	26576
research and development projects from federal grants or loans,	26577
private grants, and other sources, and moneys paid into the fund	26578
pursuant to section 151.07 or 1555.08 of the Revised Code, shall	26579
be expended for the purpose of making grants and making or	26580
guaranteeing loans for coal research and development projects that	26581
will encourage the use of Ohio coal, to any individual,	26582
association, or corporation doing business in this state, or to	26583
any educational or scientific institution located in this state as	26584
provided for in Section 15 of Article VIII, Ohio Constitution and	26585
section 1555.08 of the Revised Code, when appropriated for such	26586
purposes by the general assembly. All investment earnings on the	26587
cash balance in the fund shall be credited to the fund.	26588

The director of budget and management shall establish and	26589
maintain records or accounts for or within the coal research and	26590
development fund in such manner as to show the amounts credited to	26591
such fund pursuant to section 1555.08 of the Revised Code and that	26592
the amounts so credited have been expended for the purposes set	26593
forth in Section 15 of Article VIII, Ohio Constitution, and	26594
section 151.07 of the Revised Code. The director of budget and	26595
management may otherwise manage the fund to comply with any	26596
requirements established by federal grants or loans, private	26597
grants, or moneys from other sources.	26598

Sec. 1711.07. The board of directors of a county or	26599
independent agricultural society shall consist of at least eight	26600
members. An employee of the ~~Ohio state university~~OSU extension	26601
~~service~~ and the county school superintendent shall be members ex	26602
officio. Their terms of office shall be determined by the rules of	26603
the department of agriculture. Any vacancy in the board caused by	26604
death, resignation, refusal to qualify, removal from county, or	26605
other cause may be filled by the board until the society's next	26606
annual election, when a director shall be elected for the	26607
unexpired term. There shall be an annual election of directors by	26608
ballot at a time and a place fixed by the board, but this election	26609
shall not be held later than the first Saturday in December 1994,	26610
and not later than the fifteenth day of November each year	26611
thereafter, beginning in 1995. The secretary of the society shall	26612
give notice of ~~such~~the election, for three weeks prior to the	26613
holding thereof, in a newspaper of general circulation in the	26614
county or as provided in section 7.16 of the Revised Code, or by	26615
letter mailed to each member of the society. Only persons holding	26616
membership certificates at the close of the annual county fair, or	26617
at least fifteen calendar days before the date of election, as may	26618
be fixed by the board, may vote, unless ~~such~~the election is held	26619
on the fairground during the fair, in which case all persons	26620
holding membership certificates on the date and hour of the	26621
election may vote. When the election is to be held during the	26622
fair, notice of ~~such~~the election ~~must~~shall be prominently	26623
mentioned in the premium list, in addition to the notice required	26624
in a newspaper. The terms of office of the retiring directors	26625
shall expire, and those of the directors-elect shall begin, not	26626
later than the first Saturday in January 1995, and not later than	26627
the thirtieth day of November each year thereafter, beginning in	26628
1995.	26629

The secretary of ~~such~~the society shall send the name and	26630
address of each member of its board to the director of agriculture	26631
within ten days after the election.	26632

Sec. 1724.03. (A) After the articles of incorporation have	26633
been filed, and at the first meeting of the board of directors of	26634
a county land reutilization corporation, the board shall adopt	26635
regulations for the government of the corporation, the conduct of	26636
its affairs, and the management of its property, consistent with	26637
law and the articles. The content of the regulations shall be	26638
governed by section 1702.11 of the Revised Code to the extent not	26639
inconsistent with this chapter.	26640

(B) The board of directors of a county land reutilization	26641
corporation shall be composed of five, seven, or nine members,	26642
including the county treasurer, at least two of the members of the	26643
board of county commissioners, one representative of the largest	26644
municipal corporation, based on the population according to the	26645
most recent federal decennial census, that is located in the	26646
county, one representative of a township with a population of at	26647
least ten thousand in the unincorporated area of the township	26648
according to the most recent federal decennial census, if at least	26649
two such townships exist in the county, and any remaining members	26650
selected by the treasurer and the county commissioners who are	26651
members of the corporation's board. The township representative	26652
shall be chosen by a majority of the boards of township trustees	26653
of townships with a population of at least ten thousand in the	26654
unincorporated area of the township according to the most recent	26655
federal decennial census. At least one board member shall have	26656
private sector or nonprofit experience in rehabilitation or real	26657
estate acquisitions. A county treasurer and the county	26658
commissioners each may appoint a representative, as a director of	26659
the corporation, to act for the officer at any of the meetings of	26660
the corporation. Except as may otherwise be authorized by the	26661
regulations of the corporation, all members of the board of	26662
directors shall serve without compensation, but shall be	26663
reimbursed for actual and necessary expenses.	26664

Sec. 1739.061. (A)(1) This section applies to both of the	26665
following:	26666

(a) A multiple employer welfare arrangement that issues or	26667
requires the use of a standardized identification card or an	26668
electronic technology for submission and routing of prescription	26669
drug claims;	26670

(b) A person or entity that a multiple employer welfare	26671
arrangement contracts with to issue a standardized identification	26672
card or an electronic technology described in division (A)(1)(a)	26673
of this section.	26674

(2) Notwithstanding division (A)(1) of this section, this	26675
section does not apply to the issuance or required use of a	26676
standardized identification card or an electronic technology for	26677
the submission and routing of prescription drug claims in	26678
connection with any of the following:	26679

(a) Any program or arrangement covering only accident,	26680
credit, dental, disability income, long-term care, hospital	26681
indemnity, medicare supplement, medicare, tricare, specified	26682
disease, or vision care; coverage under a	26683
one-time-limited-duration policy of not longer than six months;	26684
coverage issued as a supplement to liability insurance; insurance	26685
arising out of workers' compensation or similar law; automobile	26686
medical payment insurance; or insurance under which benefits are	26687
payable with or without regard to fault and which is statutorily	26688
required to be contained in any liability insurance policy or	26689
equivalent self-insurance.	26690

(b) Coverage provided under the medicaid~~, as defined in~~	26691
~~section 5111.01 of the Revised Code~~program.	26692

(c) Coverage provided under an employer's self-insurance plan	26693
or by any of its administrators, as defined in section 3959.01 of	26694
the Revised Code, to the extent that federal law supersedes,	26695
preempts, prohibits, or otherwise precludes the application of	26696
this section to the plan and its administrators.	26697

(B) A standardized identification card or an electronic	26698
technology issued or required to be used as provided in division	26699
(A)(1) of this section shall contain uniform prescription drug	26700
information in accordance with either division (B)(1) or (2) of	26701
this section.	26702

(1) The standardized identification card or the electronic	26703
technology shall be in a format and contain information fields	26704
approved by the national council for prescription drug programs or	26705
a successor organization, as specified in the council's or	26706
successor organization's pharmacy identification card	26707
implementation guide in effect on the first day of October most	26708
immediately preceding the issuance or required use of the	26709
standardized identification card or the electronic technology.	26710

(2) If the multiple employer welfare arrangement or person	26711
under contract with it to issue a standardized identification card	26712
or an electronic technology requires the information for the	26713
submission and routing of a claim, the standardized identification	26714
card or the electronic technology shall contain any of the	26715
following information:	26716

(a) The name of the multiple employer welfare arrangement;

26717

(b) The individual's name, group number, and identification	26718
number;	26719

(c) A telephone number to inquire about pharmacy-related	26720
issues;	26721

(d) The issuer's international identification number, labeled	26722
as "ANSI BIN" or "RxBIN";	26723

(e) The processor's control number, labeled as "RxPCN";

26724

(f) The individual's pharmacy benefits group number if	26725
different from the insured's medical group number, labeled as	26726
"RxGrp."	26727

(C) If the standardized identification card or the electronic	26728
technology issued or required to be used as provided in division	26729
(A)(1) of this section is also used for submission and routing of	26730
nonpharmacy claims, the designation "Rx" is required to be	26731
included as part of the labels identified in divisions (B)(2)(d)	26732
and (e) of this section if the issuer's international	26733
identification number or the processor's control number is	26734
different for medical and pharmacy claims.	26735

(D) Each multiple employer welfare arrangement described in	26736
division (A) of this section shall annually file a certificate	26737
with the superintendent of insurance certifying that it or any	26738
person it contracts with to issue a standardized identification	26739
card or electronic technology for submission and routing of	26740
prescription drug claims complies with this section.	26741

(E)(1) Except as provided in division (E)(2) of this section,	26742
if there is a change in the information contained in the	26743
standardized identification card or the electronic technology	26744
issued to an individual, the multiple employer welfare arrangement	26745
or person under contract with it to issue a standardized	26746
identification card or an electronic technology shall issue a new	26747
card or electronic technology to the individual.	26748

(2) A multiple employer welfare arrangement or person under	26749
contract with it is not required under division (E)(1) of this	26750
section to issue a new card or electronic technology to an	26751
individual more than once during a twelve-month period.	26752

(F) Nothing in this section shall be construed as requiring a	26753
multiple employer welfare arrangement to produce more than one	26754
standardized identification card or one electronic technology for	26755
use by individuals accessing health care benefits provided under a	26756
multiple employer welfare arrangement.	26757

Sec. 1751.01. As used in this chapter:

26758

(A)(1) "Basic health care services" means the following	26759
services when medically necessary:	26760

(a) Physician's services, except when such services are	26761
supplemental under division (B) of this section;	26762

(b) Inpatient hospital services;

26763

26764

(d) Emergency health services;

26765

(e) Urgent care services;

26766

(f) Diagnostic laboratory services and diagnostic and	26767
therapeutic radiologic services;	26768

(g) Diagnostic and treatment services, other than	26769
prescription drug services, for biologically based mental	26770
illnesses;	26771

(h) Preventive health care services, including, but not	26772
limited to, voluntary family planning services, infertility	26773
services, periodic physical examinations, prenatal obstetrical	26774
care, and well-child care;	26775

(i) Routine patient care for patients enrolled in an eligible	26776
cancer clinical trial pursuant to section 3923.80 of the Revised	26777
Code.	26778

"Basic health care services" does not include experimental	26779
procedures.	26780

Except as provided by divisions (A)(2) and (3) of this	26781
section in connection with the offering of coverage for diagnostic	26782
and treatment services for biologically based mental illnesses, a	26783
health insuring corporation shall not offer coverage for a health	26784
care service, defined as a basic health care service by this	26785
division, unless it offers coverage for all listed basic health	26786
care services. However, this requirement does not apply to the	26787
coverage of beneficiaries enrolled in medicare pursuant to a	26788
medicare contract, or to the coverage of beneficiaries enrolled in	26789
the federal employee health benefits program pursuant to 5	26790
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	26791
the coverage of beneficiaries under any federal health care	26792
program regulated by a federal regulatory body, or to the coverage	26793
of beneficiaries under any contract covering officers or employees	26794
of the state that has been entered into by the department of	26795
administrative services.	26796

(2) A health insuring corporation may offer coverage for	26797
diagnostic and treatment services for biologically based mental	26798
illnesses without offering coverage for all other basic health	26799
care services. A health insuring corporation may offer coverage	26800
for diagnostic and treatment services for biologically based	26801
mental illnesses alone or in combination with one or more	26802
supplemental health care services. However, a health insuring	26803
corporation that offers coverage for any other basic health care	26804
service shall offer coverage for diagnostic and treatment services	26805
for biologically based mental illnesses in combination with the	26806
offer of coverage for all other listed basic health care services.	26807

(3) A health insuring corporation that offers coverage for	26808
basic health care services is not required to offer coverage for	26809
diagnostic and treatment services for biologically based mental	26810
illnesses in combination with the offer of coverage for all other	26811
listed basic health care services if all of the following apply:	26812

(a) The health insuring corporation submits documentation	26813
certified by an independent member of the American academy of	26814
actuaries to the superintendent of insurance showing that incurred	26815
claims for diagnostic and treatment services for biologically	26816
based mental illnesses for a period of at least six months	26817
independently caused the health insuring corporation's costs for	26818
claims and administrative expenses for the coverage of basic	26819
health care services to increase by more than one per cent per	26820
year.	26821

(b) The health insuring corporation submits a signed letter	26822
from an independent member of the American academy of actuaries to	26823
the superintendent of insurance opining that the increase in costs	26824
described in division (A)(3)(a) of this section could reasonably	26825
justify an increase of more than one per cent in the annual	26826
premiums or rates charged by the health insuring corporation for	26827
the coverage of basic health care services.	26828

(c) The superintendent of insurance makes the following	26829
determinations from the documentation and opinion submitted	26830
pursuant to divisions (A)(3)(a) and (b) of this section:	26831

(i) Incurred claims for diagnostic and treatment services for	26832
biologically based mental illnesses for a period of at least six	26833
months independently caused the health insuring corporation's	26834
costs for claims and administrative expenses for the coverage of	26835
basic health care services to increase by more than one per cent	26836
per year.	26837

(ii) The increase in costs reasonably justifies an increase	26838
of more than one per cent in the annual premiums or rates charged	26839
by the health insuring corporation for the coverage of basic	26840
health care services.	26841

Any determination made by the superintendent under this	26842
division is subject to Chapter 119. of the Revised Code.	26843

(B)(1) "Supplemental health care services" means any health	26844
care services other than basic health care services that a health	26845
insuring corporation may offer, alone or in combination with	26846
either basic health care services or other supplemental health	26847
care services, and includes:	26848

(a) Services of facilities for intermediate or long-term	26849
care, or both;	26850

(b) Dental care services;

26851

(c) Vision care and optometric services including lenses and	26852
frames;	26853

(d) Podiatric care or foot care services;

26854

(e) Mental health services, excluding diagnostic and	26855
treatment services for biologically based mental illnesses;	26856

(f) Short-term outpatient evaluative and crisis-intervention	26857
mental health services;	26858

(g) Medical or psychological treatment and referral services	26859
for alcohol and drug abuse or addiction;	26860

(h) Home health services;

26861

(i) Prescription drug services;

26862

(j) Nursing services;

26863

(k) Services of a dietitian licensed under Chapter 4759. of	26864
the Revised Code;	26865

(l) Physical therapy services;

26866

(m) Chiropractic services;

26867

(n) Any other category of services approved by the	26868
superintendent of insurance.	26869

(2) If a health insuring corporation offers prescription drug	26870
services under this division, the coverage shall include	26871
prescription drug services for the treatment of biologically based	26872
mental illnesses on the same terms and conditions as other	26873
physical diseases and disorders.	26874

(C) "Specialty health care services" means one of the	26875
supplemental health care services listed in division (B) of this	26876
section, when provided by a health insuring corporation on an	26877
outpatient-only basis and not in combination with other	26878
supplemental health care services.	26879

(D) "Biologically based mental illnesses" means	26880
schizophrenia, schizoaffective disorder, major depressive	26881
disorder, bipolar disorder, paranoia and other psychotic	26882
disorders, obsessive-compulsive disorder, and panic disorder, as	26883
these terms are defined in the most recent edition of the	26884
diagnostic and statistical manual of mental disorders published by	26885
the American psychiatric association.	26886

(E) "Closed panel plan" means a health care plan that	26887
requires enrollees to use participating providers.	26888

(F) "Compensation" means remuneration for the provision of	26889
health care services, determined on other than a fee-for-service	26890
or discounted-fee-for-service basis.	26891

(G) "Contractual periodic prepayment" means the formula for	26892
determining the premium rate for all subscribers of a health	26893
insuring corporation.	26894

(H) "Corporation" means a corporation formed under Chapter	26895
1701. or 1702. of the Revised Code or the similar laws of another	26896
state.	26897

(I) "Emergency health services" means those health care	26898
services that must be available on a seven-days-per-week,	26899
twenty-four-hours-per-day basis in order to prevent jeopardy to an	26900
enrollee's health status that would occur if such services were	26901
not received as soon as possible, and includes, where appropriate,	26902
provisions for transportation and indemnity payments or service	26903
agreements for out-of-area coverage.	26904

(J) "Enrollee" means any natural person who is entitled to	26905
receive health care benefits provided by a health insuring	26906
corporation.	26907

(K) "Evidence of coverage" means any certificate, agreement,	26908
policy, or contract issued to a subscriber that sets out the	26909
coverage and other rights to which such person is entitled under a	26910
health care plan.	26911

(L) "Health care facility" means any facility, except a	26912
health care practitioner's office, that provides preventive,	26913
diagnostic, therapeutic, acute convalescent, rehabilitation,	26914
mental health, mental retardation, intermediate care, or skilled	26915
nursing services.	26916

(M) "Health care services" means basic, supplemental, and	26917
specialty health care services.	26918

(N) "Health delivery network" means any group of providers or	26919
health care facilities, or both, or any representative thereof,	26920
that have entered into an agreement to offer health care services	26921
in a panel rather than on an individual basis.	26922

(O) "Health insuring corporation" means a corporation, as	26923
defined in division (H) of this section, that, pursuant to a	26924
policy, contract, certificate, or agreement, pays for, reimburses,	26925
or provides, delivers, arranges for, or otherwise makes available,	26926
basic health care services, supplemental health care services, or	26927
specialty health care services, or a combination of basic health	26928
care services and either supplemental health care services or	26929
specialty health care services, through either an open panel plan	26930
or a closed panel plan.	26931

"Health insuring corporation" does not include a limited	26932
liability company formed pursuant to Chapter 1705. of the Revised	26933
Code, an insurer licensed under Title XXXIX of the Revised Code if	26934
that insurer offers only open panel plans under which all	26935
providers and health care facilities participating receive their	26936
compensation directly from the insurer, a corporation formed by or	26937
on behalf of a political subdivision or a department, office, or	26938
institution of the state, or a public entity formed by or on	26939
behalf of a board of county commissioners, a county board of	26940
developmental disabilities, an alcohol and drug addiction services	26941
board, a board of alcohol, drug addiction, and mental health	26942
services, or a community mental health board, as those terms are	26943
used in Chapters 340. and 5126. of the Revised Code. Except as	26944
provided by division (D) of section 1751.02 of the Revised Code,	26945
or as otherwise provided by law, no board, commission, agency, or	26946
other entity under the control of a political subdivision may	26947
accept insurance risk in providing for health care services.	26948
However, nothing in this division shall be construed as	26949
prohibiting such entities from purchasing the services of a health	26950
insuring corporation or a third-party administrator licensed under	26951
Chapter 3959. of the Revised Code.	26952

(P) "Intermediary organization" means a health delivery	26953
network or other entity that contracts with licensed health	26954
insuring corporations or self-insured employers, or both, to	26955
provide health care services, and that enters into contractual	26956
arrangements with other entities for the provision of health care	26957
services for the purpose of fulfilling the terms of its contracts	26958
with the health insuring corporations and self-insured employers.	26959

(Q) "Intermediate care" means residential care above the	26960
level of room and board for patients who require personal	26961
assistance and health-related services, but who do not require	26962
skilled nursing care.	26963

(R) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	26964
~~the Revised Code.~~	26965

~~(S)~~ "Medical record" means the personal information that	26966
relates to an individual's physical or mental condition, medical	26967
history, or medical treatment.	26968

~~(T) "Medicare" means the program established under Title~~	26969
~~XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.~~	26970
~~1395, as amended.~~	26971

~~(U)~~(S)(1) "Open panel plan" means a health care plan that	26972
provides incentives for enrollees to use participating providers	26973
and that also allows enrollees to use providers that are not	26974
participating providers.	26975

(2) No health insuring corporation may offer an open panel	26976
plan, unless the health insuring corporation is also licensed as	26977
an insurer under Title XXXIX of the Revised Code, the health	26978
insuring corporation, on June 4, 1997, holds a certificate of	26979
authority or license to operate under Chapter 1736. or 1740. of	26980
the Revised Code, or an insurer licensed under Title XXXIX of the	26981
Revised Code is responsible for the out-of-network risk as	26982
evidenced by both an evidence of coverage filing under section	26983
1751.11 of the Revised Code and a policy and certificate filing	26984
under section 3923.02 of the Revised Code.	26985

~~(V)~~(T) "Osteopathic hospital" means a hospital registered	26986
under section 3701.07 of the Revised Code that advocates	26987
osteopathic principles and the practice and perpetuation of	26988
osteopathic medicine by doing any of the following:	26989

(1) Maintaining a department or service of osteopathic	26990
medicine or a committee on the utilization of osteopathic	26991
principles and methods, under the supervision of an osteopathic	26992
physician;	26993

(2) Maintaining an active medical staff, the majority of	26994
which is comprised of osteopathic physicians;	26995

(3) Maintaining a medical staff executive committee that has	26996
osteopathic physicians as a majority of its members.	26997

~~(W)~~(U) "Panel" means a group of providers or health care	26998
facilities that have joined together to deliver health care	26999
services through a contractual arrangement with a health insuring	27000
corporation, employer group, or other payor.	27001

~~(X)~~(V) "Person" has the same meaning as in section 1.59 of	27002
the Revised Code, and, unless the context otherwise requires,	27003
includes any insurance company holding a certificate of authority	27004
under Title XXXIX of the Revised Code, any subsidiary and	27005
affiliate of an insurance company, and any government agency.	27006

~~(Y)~~(W) "Premium rate" means any set fee regularly paid by a	27007
subscriber to a health insuring corporation. A "premium rate" does	27008
not include a one-time membership fee, an annual administrative	27009
fee, or a nominal access fee, paid to a managed health care system	27010
under which the recipient of health care services remains solely	27011
responsible for any charges accessed for those services by the	27012
provider or health care facility.	27013

~~(Z)~~(X) "Primary care provider" means a provider that is	27014
designated by a health insuring corporation to supervise,	27015
coordinate, or provide initial care or continuing care to an	27016
enrollee, and that may be required by the health insuring	27017
corporation to initiate a referral for specialty care and to	27018
maintain supervision of the health care services rendered to the	27019
enrollee.	27020

~~(AA)~~(Y) "Provider" means any natural person or partnership of	27021
natural persons who are licensed, certified, accredited, or	27022
otherwise authorized in this state to furnish health care	27023
services, or any professional association organized under Chapter	27024
1785. of the Revised Code, provided that nothing in this chapter	27025
or other provisions of law shall be construed to preclude a health	27026
insuring corporation, health care practitioner, or organized	27027
health care group associated with a health insuring corporation	27028
from employing certified nurse practitioners, certified nurse	27029
anesthetists, clinical nurse specialists, certified nurse	27030
midwives, dietitians, physician assistants, dental assistants,	27031
dental hygienists, optometric technicians, or other allied health	27032
personnel who are licensed, certified, accredited, or otherwise	27033
authorized in this state to furnish health care services.	27034

~~(BB)~~(Z) "Provider sponsored organization" means a	27035
corporation, as defined in division (H) of this section, that is	27036
at least eighty per cent owned or controlled by one or more	27037
hospitals, as defined in section 3727.01 of the Revised Code, or	27038
one or more physicians licensed to practice medicine or surgery or	27039
osteopathic medicine and surgery under Chapter 4731. of the	27040
Revised Code, or any combination of such physicians and hospitals.	27041
Such control is presumed to exist if at least eighty per cent of	27042
the voting rights or governance rights of a provider sponsored	27043
organization are directly or indirectly owned, controlled, or	27044
otherwise held by any combination of the physicians and hospitals	27045
described in this division.	27046

~~(CC)~~(AA) "Solicitation document" means the written materials	27047
provided to prospective subscribers or enrollees, or both, and	27048
used for advertising and marketing to induce enrollment in the	27049
health care plans of a health insuring corporation.	27050

~~(DD)~~(BB) "Subscriber" means a person who is responsible for	27051
making payments to a health insuring corporation for participation	27052
in a health care plan, or an enrollee whose employment or other	27053
status is the basis of eligibility for enrollment in a health	27054
insuring corporation.	27055

~~(EE)~~(CC) "Urgent care services" means those health care	27056
services that are appropriately provided for an unforeseen	27057
condition of a kind that usually requires medical attention	27058
without delay but that does not pose a threat to the life, limb,	27059
or permanent health of the injured or ill person, and may include	27060
such health care services provided out of the health insuring	27061
corporation's approved service area pursuant to indemnity payments	27062
or service agreements.	27063

Sec. 1751.11. (A) Every subscriber of a health insuring	27064
corporation is entitled to an evidence of coverage for the health	27065
care plan under which health care benefits are provided.	27066

(B) Every subscriber of a health insuring corporation that	27067
offers basic health care services is entitled to an identification	27068
card or similar document that specifies the health insuring	27069
corporation's name as stated in its articles of incorporation, and	27070
any trade or fictitious names used by the health insuring	27071
corporation. The identification card or document shall list at	27072
least one toll-free telephone number that provides the subscriber	27073
with access, to information on a twenty-four-hours-per-day,	27074
seven-days-per-week basis, as to how health care services may be	27075
obtained. The identification card or document shall also list at	27076
least one toll-free number that, during normal business hours,	27077
provides the subscriber with access to information on the coverage	27078
available under the subscriber's health care plan and information	27079
on the health care plan's internal and external review processes.	27080

(C) No evidence of coverage, or amendment to the evidence of	27081
coverage, shall be delivered, issued for delivery, renewed, or	27082
used, until the form of the evidence of coverage or amendment has	27083
been filed by the health insuring corporation with the	27084
superintendent of insurance. If the superintendent does not	27085
disapprove the evidence of coverage or amendment within sixty days	27086
after it is filed it shall be deemed approved, unless the	27087
superintendent sooner gives approval for the evidence of coverage	27088
or amendment. With respect to an amendment to an approved evidence	27089
of coverage, the superintendent only may disapprove provisions	27090
amended or added to the evidence of coverage. If the	27091
superintendent determines within the sixty-day period that any	27092
evidence of coverage or amendment fails to meet the requirements	27093
of this section, the superintendent shall so notify the health	27094
insuring corporation and it shall be unlawful for the health	27095
insuring corporation to use such evidence of coverage or	27096
amendment. At any time, the superintendent, upon at least thirty	27097
days' written notice to a health insuring corporation, may	27098
withdraw an approval, deemed or actual, of any evidence of	27099
coverage or amendment on any of the grounds stated in this	27100
section. Such disapproval shall be effected by a written order,	27101
which shall state the grounds for disapproval and shall be issued	27102
in accordance with Chapter 119. of the Revised Code.	27103

(D) No evidence of coverage or amendment shall be delivered,	27104
issued for delivery, renewed, or used:	27105

(1) If it contains provisions or statements that are	27106
inequitable, untrue, misleading, or deceptive;	27107

(2) Unless it contains a clear, concise, and complete	27108
statement of the following:	27109

(a) The health care services and insurance or other benefits,	27110
if any, to which an enrollee is entitled under the health care	27111
plan;	27112

(b) Any exclusions or limitations on the health care	27113
services, type of health care services, benefits, or type of	27114
benefits to be provided, including copayments and deductibles;	27115

(c) An enrollee's personal financial obligation for	27116
noncovered services;	27117

(d) Where and in what manner general information and	27118
information as to how health care services may be obtained is	27119
available, including a toll-free telephone number;	27120

(e) The premium rate with respect to individual and	27121
conversion contracts, and relevant copayment and deductible	27122
provisions with respect to all contracts. The statement of the	27123
premium rate, however, may be contained in a separate insert.	27124

(f) The method utilized by the health insuring corporation	27125
for resolving enrollee complaints;	27126

(g) The utilization review, internal review, and external	27127
review procedures established under sections 1751.77 to 1751.83	27128
and Chapter 3922. of the Revised Code.	27129

(3) Unless it provides for the continuation of an enrollee's	27130
coverage, in the event that the enrollee's coverage under the	27131
group policy, contract, certificate, or agreement terminates while	27132
the enrollee is receiving inpatient care in a hospital. This	27133
continuation of coverage shall terminate at the earliest	27134
occurrence of any of the following:	27135

(a) The enrollee's discharge from the hospital;

27136

(b) The determination by the enrollee's attending physician	27137
that inpatient care is no longer medically indicated for the	27138
enrollee; however, nothing in division (D)(3)(b) of this section	27139
precludes a health insuring corporation from engaging in	27140
utilization review as described in the evidence of coverage.	27141

(c) The enrollee's reaching the limit for contractual	27142
benefits;	27143

(d) The effective date of any new coverage.

27144

(4) Unless it contains a provision that states, in substance,	27145
that the health insuring corporation is not a member of any	27146
guaranty fund, and that in the event of the health insuring	27147
corporation's insolvency, an enrollee is protected only to the	27148
extent that the hold harmless provision required by section	27149
1751.13 of the Revised Code applies to the health care services	27150
rendered;	27151

(5) Unless it contains a provision that states, in substance,	27152
that in the event of the insolvency of the health insuring	27153
corporation, an enrollee may be financially responsible for health	27154
care services rendered by a provider or health care facility that	27155
is not under contract to the health insuring corporation, whether	27156
or not the health insuring corporation authorized the use of the	27157
provider or health care facility.	27158

(E) Notwithstanding divisions (C) and (D) of this section, a	27159
health insuring corporation may use an evidence of coverage that	27160
provides for the coverage of beneficiaries enrolled in medicare	27161
pursuant to a medicare contract, or an evidence of coverage that	27162
provides for the coverage of beneficiaries enrolled in the federal	27163
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	27164
an evidence of coverage that provides for the coverage of medicaid	27165
recipients, or an evidence of coverage that provides for the	27166
coverage of beneficiaries under any other federal health care	27167
program regulated by a federal regulatory body, or an evidence of	27168
coverage that provides for the coverage of beneficiaries under any	27169
contract covering officers or employees of the state that has been	27170
entered into by the department of administrative services, if both	27171
of the following apply:	27172

(1) The evidence of coverage has been approved by the United	27173
States department of health and human services, the United States	27174
office of personnel management, the ~~Ohio~~ department of ~~job and~~	27175
~~family services~~medicaid, or the department of administrative	27176
services.	27177

(2) The evidence of coverage is filed with the superintendent	27178
of insurance prior to use and is accompanied by documentation of	27179
approval from the United States department of health and human	27180
services, the United States office of personnel management, the	27181
~~Ohio~~ department of ~~job and family services~~medicaid, or the	27182
department of administrative services.	27183

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	27184
no premium rate for nongroup and conversion policies for health	27185
care services, or any amendment to them, may be used by any health	27186
insuring corporation at any time until the contractual periodic	27187
prepayment and premium rate, or amendment, have been filed with	27188
the superintendent of insurance, and shall not be effective until	27189
the expiration of sixty days after their filing unless the	27190
superintendent sooner gives approval. The filing shall be	27191
accompanied by an actuarial certification in the form prescribed	27192
by the superintendent. The superintendent shall disapprove the	27193
filing, if the superintendent determines within the sixty-day	27194
period that the contractual periodic prepayment or premium rate,	27195
or amendment, is not in accordance with sound actuarial principles	27196
or is not reasonably related to the applicable coverage and	27197
characteristics of the applicable class of enrollees. The	27198
superintendent shall notify the health insuring corporation of the	27199
disapproval, and it shall thereafter be unlawful for the health	27200
insuring corporation to use the contractual periodic prepayment or	27201
premium rate, or amendment.	27202

(2) No contractual periodic prepayment for group policies for	27203
health care services shall be used until the contractual periodic	27204
prepayment has been filed with the superintendent. The filing	27205
shall be accompanied by an actuarial certification in the form	27206
prescribed by the superintendent. The superintendent may reject a	27207
filing made under division (A)(2) of this section at any time,	27208
with at least thirty days' written notice to a health insuring	27209
corporation, if the contractual periodic prepayment is not in	27210
accordance with sound actuarial principles or is not reasonably	27211
related to the applicable coverage and characteristics of the	27212
applicable class of enrollees.	27213

(3) At any time, the superintendent, upon at least thirty	27214
days' written notice to a health insuring corporation, may	27215
withdraw the approval given under division (A)(1) of this section,	27216
deemed or actual, of any contractual periodic prepayment or	27217
premium rate, or amendment, based on information that either of	27218
the following applies:	27219

(a) The contractual periodic prepayment or premium rate, or	27220
amendment, is not in accordance with sound actuarial principles.	27221

(b) The contractual periodic prepayment or premium rate, or	27222
amendment, is not reasonably related to the applicable coverage	27223
and characteristics of the applicable class of enrollees.	27224

(4) Any disapproval under division (A)(1) of this section,	27225
any rejection of a filing made under division (A)(2) of this	27226
section, or any withdrawal of approval under division (A)(3) of	27227
this section, shall be effected by a written notice, which shall	27228
state the specific basis for the disapproval, rejection, or	27229
withdrawal and shall be issued in accordance with Chapter 119. of	27230
the Revised Code.	27231

(B) Notwithstanding division (A) of this section, a health	27232
insuring corporation may use a contractual periodic prepayment or	27233
premium rate for policies used for the coverage of beneficiaries	27234
enrolled in medicare pursuant to a medicare risk contract or	27235
medicare cost contract, or for policies used for the coverage of	27236
beneficiaries enrolled in the federal employees health benefits	27237
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	27238
coverage of medicaid recipients, or for policies used for the	27239
coverage of beneficiaries under any other federal health care	27240
program regulated by a federal regulatory body, or for policies	27241
used for the coverage of beneficiaries under any contract covering	27242
officers or employees of the state that has been entered into by	27243
the department of administrative services, if both of the	27244
following apply:	27245

(1) The contractual periodic prepayment or premium rate has	27246
been approved by the United States department of health and human	27247
services, the United States office of personnel management, the	27248
department of ~~job and family services~~medicaid, or the department	27249
of administrative services.	27250

(2) The contractual periodic prepayment or premium rate is	27251
filed with the superintendent prior to use and is accompanied by	27252
documentation of approval from the United States department of	27253
health and human services, the United States office of personnel	27254
management, the department of ~~job and family services~~medicaid, or	27255
the department of administrative services.	27256

(C) The administrative expense portion of all contractual	27257
periodic prepayment or premium rate filings submitted to the	27258
superintendent for review must reflect the actual cost of	27259
administering the product. The superintendent may require that the	27260
administrative expense portion of the filings be itemized and	27261
supported.	27262

(D)(1) Copayments must be reasonable and must not be a	27263
barrier to the necessary utilization of services by enrollees.	27264

(2) A health insuring corporation, in order to ensure that	27265
copayments are reasonable and not a barrier to the necessary	27266
utilization of basic health care services by enrollees, may do one	27267
of the following:	27268

(a) Impose copayment charges on any single covered basic	27269
health care service that does not exceed forty per cent of the	27270
average cost to the health insuring corporation of providing the	27271
service;	27272

(b) Impose copayment charges that annually do not exceed	27273
twenty per cent of the total annual cost to the health insuring	27274
corporation of providing all covered basic health care services,	27275
including physician office visits, urgent care services, and	27276
emergency health services, when aggregated as to all persons	27277
covered under the filed product in question. In addition, annual	27278
copayment charges as to each enrollee shall not exceed twenty per	27279
cent of the total annual cost to the health insuring corporation	27280
of providing all covered basic health care services, including	27281
physician office visits, urgent care services, and emergency	27282
health services, as to such enrollee. The total annual cost of	27283
providing a health care service is the cost to the health insuring	27284
corporation of providing the health care service to its enrollees	27285
as reduced by any applicable provider discount.	27286

(3) To ensure that copayments are reasonable and not a	27287
barrier to the utilization of basic health care services, a health	27288
insuring corporation may not impose, in any contract year, on any	27289
subscriber or enrollee, copayments that exceed two hundred per	27290
cent of the average annual premium rate to subscribers or	27291
enrollees.	27292

(4) For purposes of division (D) of this section, both of the	27293
following apply:	27294

(a) Copayments imposed by health insuring corporations in	27295
connection with a high deductible health plan that is linked to a	27296
health savings account are reasonable and are not a barrier to the	27297
necessary utilization of services by enrollees.	27298

(b) Divisions (D)(2) and (3) of this section do not apply to	27299
a high deductible health plan that is linked to a health savings	27300
account.	27301

(E) A health insuring corporation shall not impose lifetime	27302
maximums on basic health care services. However, a health insuring	27303
corporation may establish a benefit limit for inpatient hospital	27304
services that are provided pursuant to a policy, contract,	27305
certificate, or agreement for supplemental health care services.	27306

(F) A health insuring corporation may require that an	27307
enrollee pay an annual deductible that does not exceed one	27308
thousand dollars per enrollee or two thousand dollars per family,	27309
except that:	27310

(1) A health insuring corporation may impose higher	27311
deductibles for high deductible health plans that are linked to	27312
health savings accounts;	27313

(2) The superintendent may adopt rules allowing different	27314
annual deductible amounts for plans with a medical savings	27315
account, health reimbursement arrangement, flexible spending	27316
account, or similar account;	27317

(3) A health insuring corporation may impose higher	27318
deductibles under health plans if requested by the group contract,	27319
policy, certificate, or agreement holder, or an individual seeking	27320
coverage under an individual health plan. This shall not be	27321
construed as requiring the health insuring corporation to create	27322
customized health plans for group contract holders or individuals.	27323

(G) As used in this section, "health savings account" and	27324
"high deductible health plan" have the same meanings as in the	27325
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	27326
amended.	27327

Sec. 1751.14. (A) Notwithstanding section 3901.71 of the	27328
Revised Code, any policy, contract, or agreement for health care	27329
services authorized by this chapter that is issued, delivered, or	27330
renewed in this state and that provides that coverage of an	27331
unmarried dependent child will terminate upon attainment of the	27332
limiting age for dependent children specified in the policy,	27333
contract, or agreement, shall also provide in substance both of	27334
the following:	27335

(1) Once an unmarried child has attained the limiting age for	27336
dependent children, as provided in the policy, contract, or	27337
agreement, upon the request of the subscriber, the health insuring	27338
corporation shall offer to cover the unmarried child until the	27339
child attains twenty-eight years of age if all of the following	27340
are true:	27341

(a) The child is the natural child, stepchild, or adopted	27342
child of the subscriber.	27343

(b) The child is a resident of this state or a full-time	27344
student at an accredited public or private institution of higher	27345
education.	27346

(c) The child is not employed by an employer that offers any	27347
health benefit plan under which the child is eligible for	27348
coverage.	27349

(d) The child is not eligible for coverage under the medicaid	27350
program ~~established under Chapter 5111. of the Revised Code~~ or the	27351
medicare program ~~established under Title XVIII of the "Social~~	27352
~~Security Act," 42 U.S.C. 1395~~.	27353

(2) That attainment of the limiting age for dependent	27354
children shall not operate to terminate the coverage of a	27355
dependent child if the child is and continues to be both of the	27356
following:	27357

(a) Incapable of self-sustaining employment by reason of	27358
mental retardation or physical handicap;	27359

(b) Primarily dependent upon the subscriber for support and	27360
maintenance.	27361

(B) Proof of incapacity and dependence for purposes of	27362
division (A)(2) of this section shall be furnished to the health	27363
insuring corporation within thirty-one days of the child's	27364
attainment of the limiting age. Upon request, but not more	27365
frequently than annually, the health insuring corporation may	27366
require proof satisfactory to it of the continuance of such	27367
incapacity and dependency.	27368

27369

(1) Require that any policy, contract, or agreement offer	27370
coverage for dependent children or provide coverage for an	27371
unmarried dependent child's children as dependents on the policy,	27372
contract, or agreement;	27373

(2) Require an employer to pay for any part of the premium	27374
for an unmarried dependent child that has attained the limiting	27375
age for dependents, as provided in the policy, contract, or	27376
agreement;	27377

(3) Require an employer to offer health insurance coverage to	27378
the dependents of any employee.	27379

(D) This section does not apply to any health insuring	27380
corporation policy, contract, or agreement offering only	27381
supplemental health care services or specialty health care	27382
services.	27383

(E) As used in this section, "health benefit plan" has the	27384
same meaning as in section 3924.01 of the Revised Code and also	27385
includes both of the following:	27386

(1) A public employee benefit plan;

27387

(2) A health benefit plan as regulated under the "Employee	27388
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	27389

Sec. 1751.271. (A) Each health insuring corporation that	27390
provides coverage to medicaid recipients shall post a performance	27391
bond in the amount of three million dollars as security to fulfill	27392
the obligations of the health insuring corporation to pay claims	27393
of contracted providers for covered health care services provided	27394
to medicaid recipients. The bond shall be payable to the	27395
department of insurance in the event that the health insuring	27396
corporation is placed in rehabilitation or liquidation proceedings	27397
under Chapter 3903. of the Revised Code, and shall become a	27398
special deposit subject to section 3903.14 or 3903.421 of the	27399
Revised Code, as applicable. In lieu of the performance bond, a	27400
medicaid health insuring corporation may deposit securities with	27401
the superintendent of insurance, acceptable to the superintendent,	27402
in the amount of three million dollars, to satisfy the bonding	27403
requirements of this section. Upon rehabilitation or liquidation,	27404
the securities shall become a special deposit subject to sections	27405
3903.14 and 3903.421 of the Revised Code, as applicable. The	27406
health insuring corporation shall receive the interest on the	27407
deposited securities as long as the health insuring corporation	27408
remains solvent.	27409

(B) The bond shall be issued by a surety company licensed	27410
with the department of insurance. The bond or deposit, or any	27411
replacement bond or deposit, shall be in a form acceptable to the	27412
superintendent, and shall remain in effect during the duration of	27413
the medicaid health insuring corporation's license and thereafter	27414
until all claims against the medicaid health insuring corporation	27415
have been paid in full.	27416

(C) Documentation of the bond acceptable to the	27417
superintendent of insurance shall be filed with the superintendent	27418
prior to the issuance of a certificate of authority. Annually,	27419
thirty days prior to the renewal of its certificate of authority,	27420
every medicaid health insuring corporation shall furnish the	27421
superintendent of insurance with evidence that the required bond	27422
is still in effect.	27423

(D) As used in this section:

27424

(1) "Contracted provider" means a provider that has a	27425
contract with a medicaid health insuring corporation to provide	27426
covered health care services to medicaid recipients.	27427

(2) "Medicaid health insuring corporation" means a health	27428
insuring corporation that provides health insurance coverage or	27429
otherwise assumes claims liabilities for medicaid recipients.	27430

(3) "Medicaid recipient" means a person ~~eligible for~~	27431
~~assistance under~~enrolled in the medicaid program ~~operated~~	27432
~~pursuant to Chapter 5111. of the Revised Code~~.	27433

Sec. 1751.31. (A) Any changes in a health insuring	27434
corporation's solicitation document shall be filed with the	27435
superintendent of insurance. The superintendent, within sixty days	27436
of filing, may disapprove any solicitation document or amendment	27437
to it on any of the grounds stated in this section. Such	27438
disapproval shall be effected by written notice to the health	27439
insuring corporation. The notice shall state the grounds for	27440
disapproval and shall be issued in accordance with Chapter 119. of	27441
the Revised Code.	27442

(B) The solicitation document shall contain all information	27443
necessary to enable a consumer to make an informed choice as to	27444
whether or not to enroll in the health insuring corporation. The	27445
information shall include a specific description of the health	27446
care services to be available and the approximate number and type	27447
of full-time equivalent medical practitioners. The information	27448
shall be presented in the solicitation document in a manner that	27449
is clear, concise, and intelligible to prospective applicants in	27450
the proposed service area.	27451

(C) Every potential applicant whose subscription to a health	27452
care plan is solicited shall receive, at or before the time of	27453
solicitation, a solicitation document approved by the	27454
superintendent.	27455

(D) Notwithstanding division (A) of this section, a health	27456
insuring corporation may use a solicitation document that the	27457
corporation uses in connection with policies for medicare	27458
beneficiaries pursuant to a medicare risk contract or medicare	27459
cost contract, or for policies for beneficiaries of the federal	27460
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	27461
for policies for medicaid recipients, or for policies for	27462
beneficiaries of any other federal health care program regulated	27463
by a federal regulatory body, or for policies for beneficiaries of	27464
contracts covering officers or employees of the state entered into	27465
by the department of administrative services, if both of the	27466
following apply:	27467

(1) The solicitation document has been approved by the United	27468
States department of health and human services, the United States	27469
office of personnel management, the department of ~~job and family~~	27470
~~services~~medicaid, or the department of administrative services.	27471

(2) The solicitation document is filed with the	27472
superintendent of insurance prior to use and is accompanied by	27473
documentation of approval from the United States department of	27474
health and human services, the United States office of personnel	27475
management, the department of ~~job and family services~~medicaid, or	27476
the department of administrative services.	27477

(E) No health insuring corporation, or its agents or	27478
representatives, shall use monetary or other valuable	27479
consideration, engage in misleading or deceptive practices, or	27480
make untrue, misleading, or deceptive representations to induce	27481
enrollment. Nothing in this division shall prohibit incentive	27482
forms of remuneration such as commission sales programs for the	27483
health insuring corporation's employees and agents.	27484

(F) Any person obligated for any part of a premium rate in	27485
connection with an enrollment agreement, in addition to any right	27486
otherwise available to revoke an offer, may cancel such agreement	27487
within seventy-two hours after having signed the agreement or	27488
offer to enroll. Cancellation occurs when written notice of the	27489
cancellation is given to the health insuring corporation or its	27490
agents or other representatives. A notice of cancellation mailed	27491
to the health insuring corporation shall be considered to have	27492
been filed on its postmark date.	27493

(G) Nothing in this section shall prohibit healthy lifestyle	27494
programs.	27495

Sec. 1751.60. (A) Except as provided for in divisions (E)	27496
and (F) of this section, every provider or health care facility	27497
that contracts with a health insuring corporation to provide	27498
health care services to the health insuring corporation's	27499
enrollees or subscribers shall seek compensation for covered	27500
services solely from the health insuring corporation and not,	27501
under any circumstances, from the enrollees or subscribers, except	27502
for approved copayments and deductibles.	27503

(B) No subscriber or enrollee of a health insuring	27504
corporation is liable to any contracting provider or health care	27505
facility for the cost of any covered health care services, if the	27506
subscriber or enrollee has acted in accordance with the evidence	27507
of coverage.	27508

(C) Except as provided for in divisions (E) and (F) of this	27509
section, every contract between a health insuring corporation and	27510
provider or health care facility shall contain a provision	27511
approved by the superintendent of insurance requiring the provider	27512
or health care facility to seek compensation solely from the	27513
health insuring corporation and not, under any circumstances, from	27514
the subscriber or enrollee, except for approved copayments and	27515
deductibles.	27516

(D) Nothing in this section shall be construed as preventing	27517
a provider or health care facility from billing the enrollee or	27518
subscriber of a health insuring corporation for noncovered	27519
services.	27520

(E) Upon application by a health insuring corporation and a	27521
provider or health care facility, the superintendent may waive the	27522
requirements of divisions (A) and (C) of this section when, in	27523
addition to the reserve requirements contained in section 1751.28	27524
of the Revised Code, the health insuring corporation provides	27525
sufficient assurances to the superintendent that the provider or	27526
health care facility has been provided with financial guarantees.	27527
No waiver of the requirements of divisions (A) and (C) of this	27528
section is effective as to enrollees or subscribers for whom the	27529
health insuring corporation is compensated under a provider	27530
agreement or risk contract entered into ~~pursuant to Chapter 5111.~~	27531
~~or 5115. of the Revised Code~~under the medicaid program.	27532

(F) The requirements of divisions (A) to (C) of this section	27533
apply only to health care services provided to an enrollee or	27534
subscriber prior to the effective date of a termination of a	27535
contract between the health insuring corporation and the provider	27536
or health care facility.	27537

Sec. 1923.14. (A) Except as otherwise provided in this	27538
section, within ten days after receiving a writ of execution	27539
described in division (A) or (B) of section 1923.13 of the Revised	27540
Code, the sheriff, police officer, constable, or bailiff shall	27541
execute it by restoring the plaintiff to the possession of the	27542
premises, and shall levy and collect the costs and make return, as	27543
upon other executions. If an appeal from the judgment of	27544
restitution is filed and if, following the filing of the appeal, a	27545
stay of execution is obtained and any required bond is filed with	27546
the court of common pleas, municipal court, or county court, the	27547
judge of that court immediately shall issue an order to the	27548
sheriff, police officer, constable, or bailiff commanding the	27549
delay of all further proceedings upon the execution. If the	27550
premises have been restored to the plaintiff, the sheriff, police	27551
officer, constable, or bailiff shall forthwith place the defendant	27552
in possession of them, and return the writ with the sheriff's,	27553
police officer's, constable's, or bailiff's proceedings and the	27554
costs taxed on it.	27555

(B)(1) After a court of common pleas, municipal court, or	27556
county court issues a writ of execution described in division (B)	27557
of section 1923.13 of the Revised Code, the clerk of the court	27558
shall send by regular mail, to the last known address of the	27559
titled owner of the manufactured home, mobile home, or	27560
recreational vehicle that is the subject of the writ and to the	27561
last known address of each other person who is listed on the writ	27562
as having any outstanding right, title, or interest in the home,	27563
vehicle, or personal property and to the auditor and treasurer of	27564
the county in which the court is located, a written notice that	27565
the home or vehicle potentially may be sold, destroyed, or have	27566
its title transferred under the circumstances described in	27567
division (B)(3) or (4) of this section.	27568

(2) Except as otherwise provided in this division, after	27569
receiving a writ of execution described in division (B) of section	27570
1923.13 of the Revised Code, and after causing the defendant to be	27571
removed from the residential premises of the manufactured home	27572
park, if necessary, in accordance with the writ, the sheriff,	27573
police officer, constable, or bailiff may cause the manufactured	27574
home, mobile home, or recreational vehicle that is the subject of	27575
the writ, and all personal property on the residential premises,	27576
at the sheriff's, police officer's, constable's, or bailiff's	27577
option, either to be removed from the manufactured home park and,	27578
if necessary, moved to a storage facility of the sheriff's, police	27579
officer's, constable's, or bailiff's choice, or to be retained at	27580
their current location on the residential premises, until they are	27581
claimed by the defendant or they are disposed of in a manner	27582
authorized by division (B)(3), (4), or (6) of this section or by	27583
another section of the Revised Code. The sheriff, police officer,	27584
constable, or bailiff shall not cause the manufactured home,	27585
mobile home, or recreational vehicle that is the subject of the	27586
writ, or the personal property, to be removed from the	27587
manufactured home park or moved to a storage facility if the	27588
holder of any outstanding lien, right, title, or interest in the	27589
home or vehicle, other than the titled owner of the home or	27590
vehicle, meets the conditions set forth in division (B)(6) or (7)	27591
of this section.	27592

The sheriff, police officer, constable, or bailiff who	27593
removes the manufactured home, mobile home, or recreational	27594
vehicle, or the abandoned personal property, from the residential	27595
premises shall be immune from civil liability pursuant to section	27596
2744.03 of the Revised Code for any damage caused to the home,	27597
vehicle, or any personal property during the removal. The park	27598
operator shall not be liable for any damage caused by the park	27599
operator's removal of the manufactured home, mobile home, or	27600
recreational vehicle or the removal of the personal property from	27601
the residential premises, or for any damage to the home, vehicle,	27602
or personal property during the time the home, vehicle, or	27603
property remains abandoned or stored in the manufactured home	27604
park, unless the damage is the result of acts that the park	27605
operator or the park operator's agents or employees performed with	27606
malicious purpose, in bad faith, or in a wanton or reckless	27607
manner. The reasonable costs for a removal of the manufactured	27608
home, mobile home, or recreational vehicle and personal property	27609
and, as applicable, the reasonable costs for its storage shall	27610
constitute a lien upon the home or vehicle payable by the titled	27611
owner of the home or vehicle or payable pursuant to division	27612
(B)(3) of this section.	27613

(3) Except as provided in divisions (B)(4), (5), and (6) of	27614
this section and division (D) of section 1923.12 of the Revised	27615
Code, within sixty days after receiving a writ of execution	27616
described in division (B) of section 1923.13 of the Revised Code,	27617
the sheriff, police officer, constable, or bailiff shall commence	27618
proceedings for the sale of the manufactured home, mobile home, or	27619
recreational vehicle that is the subject of the writ, and the	27620
abandoned personal property on the residential premises, if the	27621
home or vehicle is determined to be abandoned in accordance with	27622
the procedures for the sale of goods on execution under Chapter	27623
2329. of the Revised Code. In addition to all notices required to	27624
be given under section 2329.13 of the Revised Code, the sheriff,	27625
police officer, constable, or bailiff shall serve at their	27626
respective last known addresses a written notice of the date,	27627
time, and place of the sale upon all persons who are listed on the	27628
writ of execution as having any outstanding right, title, or	27629
interest in the abandoned manufactured home, mobile home, or	27630
recreational vehicle and the personal property and shall provide	27631
written notice to the auditor and the treasurer of the county in	27632
which the court issuing the writ is located.	27633

Unless the proceedings are governed by division (D) of	27634
section 1923.12 of the Revised Code, notwithstanding any statutory	27635
provision to the contrary, including, but not limited to, section	27636
2329.66 of the Revised Code, there shall be no stay of execution	27637
or exemption from levy or sale on execution available to the	27638
titled owner of the abandoned manufactured home, mobile home, or	27639
recreational vehicle in relation to a sale under this division.	27640
Except as otherwise provided in sections 2113.031, 2117.25, and	27641
~~5111.11~~5162.21 of the Revised Code in a case involving a deceased	27642
resident or resident's estate, the sheriff, police officer,	27643
constable, or bailiff shall distribute the proceeds from the sale	27644
of an abandoned manufactured home, mobile home, or recreational	27645
vehicle and any personal property under this division in the	27646
following manner:	27647

(a) The sheriff, police officer, constable, or bailiff shall	27648
first pay the costs for any moving of and any storage outside the	27649
manufactured home park of the home or vehicle and any personal	27650
property pursuant to division (B)(2) of this section, the costs of	27651
the sale, including reimbursing the park operator for the deposit	27652
that the park operator paid to the clerk of court under division	27653
(C) of section 1923.12 of the Revised Code, and any unpaid court	27654
costs assessed against the defendant in the underlying action.	27655

(b) Following the payment required by division (B)(3)(a) of	27656
this section, the sheriff, police officer, constable, or bailiff	27657
shall pay all outstanding tax liens on the home or vehicle.	27658

(c) Following the payment required by division (B)(3)(b) of	27659
this section, the sheriff, police officer, constable, or bailiff	27660
shall pay all other outstanding security interests, liens, or	27661
encumbrances on the home or vehicle by priority of filing or other	27662
priority.	27663

(d) Following the payment required by division (B)(3)(c) of	27664
this section, the sheriff, police officer, constable, or bailiff	27665
shall pay any outstanding monetary judgment rendered under section	27666
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff	27667
and any costs associated with retaining the home or vehicle prior	27668
to the sale at its location on the residential premises within the	27669
manufactured home park pursuant to division (B)(2) of this	27670
section.	27671

(e) After complying with divisions (B)(3)(a) to (d) of this	27672
section, the sheriff, police officer, constable, or bailiff shall	27673
report any remaining money as unclaimed funds pursuant to Chapter	27674
169. of the Revised Code.	27675

Upon the return of any writ of execution for the satisfaction	27676
of which an abandoned manufactured home, mobile home, or	27677
recreational vehicle has been sold under this division, on careful	27678
examination of the proceedings of the sheriff, police officer,	27679
constable, or bailiff conducting the sale, if the court that	27680
issued the writ finds that the sale was made, in all respects, in	27681
conformity with the relevant provisions of Chapter 2329. of the	27682
Revised Code and with this division, it shall direct the clerk of	27683
the court to make an entry on the journal that the court is	27684
satisfied with the legality of the sale and the court shall direct	27685
the clerk of the court of common pleas of the county in which the	27686
writ was issued to issue a certificate of title, free and clear of	27687
all security interests, liens, and encumbrances, to the purchaser	27688
of the home or vehicle. The clerk of the court of common pleas	27689
shall issue the new certificate of title to the purchaser of the	27690
home or vehicle regardless of whether the writ was issued by the	27691
court of common pleas or another court duly authorized to issue	27692
the writ. If the manufactured home, mobile home, or recreational	27693
vehicle sold under this division is located in a manufactured home	27694
park, the purchaser of the home or vehicle shall have no right to	27695
maintain the home or vehicle in the manufactured home park without	27696
the park operator's consent and the sheriff, police officer,	27697
constable, or bailiff conducting the sale shall notify all	27698
prospective purchasers of this fact prior to the commencement of	27699
the sale.	27700

If, after it is offered for sale on two occasions under this	27701
division, the abandoned manufactured home, mobile home, or	27702
recreational vehicle cannot be sold due to a want of bidders, the	27703
sheriff, police officer, constable, or bailiff shall present the	27704
writ of execution unsatisfied to the clerk of the court of common	27705
pleas of the county in which the writ was issued for the issuance	27706
by the clerk in the manner prescribed in section 4505.10 of the	27707
Revised Code of a certificate of title transferring the title of	27708
the home or vehicle to the plaintiff, free and clear of all	27709
security interests, liens, and encumbrances. The clerk of the	27710
court of common pleas shall issue the new certificate of title	27711
transferring the title of the manufactured home, mobile home, or	27712
recreational vehicle to the plaintiff regardless of whether the	27713
writ was issued by the court of common pleas or another court duly	27714
authorized to issue the writ. If any taxes are owed on the home or	27715
vehicle at this time, the county auditor shall remove the	27716
delinquent taxes from the manufactured home tax list and the	27717
delinquent manufactured home tax list and remit any penalties for	27718
late payment of manufactured home taxes. Acceptance of the	27719
certificate of title by the plaintiff terminates all further	27720
proceedings under this section.	27721

(4) Except as provided in division (B)(5) or (6) of this	27722
section and division (D) of section 1923.12 of the Revised Code,	27723
within sixty days after receiving a writ of execution described in	27724
division (B) of section 1923.13 of the Revised Code, if the	27725
manufactured home, mobile home, or recreational vehicle is	27726
determined to be abandoned and to have a value of less than three	27727
thousand dollars, the sheriff, police officer, constable, or	27728
bailiff shall serve at their respective last known addresses a	27729
written notice of potential action as described in this division	27730
upon all persons who are listed on the writ as having any	27731
outstanding right, title, or interest in the home or vehicle. This	27732
notice shall be in addition to all notices required to be given	27733
under section 2329.13 of the Revised Code. Subject to the	27734
fulfillment of these notice requirements, the sheriff, police	27735
officer, constable, or bailiff shall take one of the following	27736
actions with respect to the abandoned manufactured home, mobile	27737
home, or recreational vehicle:	27738

(a) Cause its destruction if there is no person having an	27739
outstanding right, title, or interest in the home or vehicle,	27740
other than the titled owner of the home or vehicle;	27741

(b) Proceed with its sale under division (B)(3) of this	27742
section;	27743

(c) If there is no person having an outstanding right, title,	27744
or interest in the home or vehicle other than the titled owner of	27745
the home or vehicle, or if there is an outstanding right, title,	27746
or interest in the home or vehicle and the lienholder consents in	27747
writing, present the writ of execution to the clerk of the court	27748
of common pleas of the county in which the writ was issued for the	27749
issuance by the clerk in the manner prescribed in section 4505.10	27750
of the Revised Code of a certificate of title transferring the	27751
title of the home or vehicle to the plaintiff, free and clear of	27752
all security interests, liens, and encumbrances. The clerk of the	27753
court of common pleas shall issue the new certificate of title	27754
transferring the title of the home or vehicle regardless of	27755
whether the writ was issued by the court of common pleas or	27756
another court duly authorized to issue the writ. If any taxes are	27757
owed on the home or vehicle at this time, the county auditor shall	27758
remove the delinquent taxes from the manufactured home tax list	27759
and the delinquent manufactured home tax list and remit any	27760
penalties for late payment of manufactured home taxes. Acceptance	27761
of the certificate of title by the plaintiff terminates all	27762
further proceedings under this section.	27763

(5) At any time prior to the issuance of the writ of	27764
execution described in division (B) of section 1923.13 of the	27765
Revised Code, the titled owner of the manufactured home, mobile	27766
home, or recreational vehicle that would be the subject of the	27767
writ may remove the abandoned home or vehicle from the	27768
manufactured home park or other place of storage upon payment to	27769
the county auditor of all outstanding tax liens on the home or	27770
vehicle and, unless the owner is indigent, payment to the clerk of	27771
court of all unpaid court costs assessed against the defendant in	27772
the underlying action. After the issuance of the writ of	27773
execution, the titled owner of the home or vehicle may remove the	27774
abandoned home or vehicle from the manufactured home park or other	27775
place of storage at any time up to the day before the scheduled	27776
sale, destruction, or transfer of the home or vehicle pursuant to	27777
division (B)(3) or (4) of this section upon payment of all of the	27778
following:	27779

(a) All costs for moving and storage of the home or vehicle	27780
pursuant to division (B)(2) of this section and all costs incurred	27781
by the sheriff, police officer, constable, or bailiff up to and	27782
including the date of the removal of the home or vehicle;	27783

(b) All outstanding tax liens on the home or vehicle;

27784

(c) Unless the owner is indigent, all unpaid court costs	27785
assessed against the defendant in the underlying action.	27786

(6) At any time after the issuance of the writ of execution	27787
described in division (B) of section 1923.13 of the Revised Code,	27788
the holder of any outstanding lien, right, title, or interest in	27789
the manufactured home, mobile home, or recreational vehicle, other	27790
than the titled owner of the home or vehicle, may stop the	27791
sheriff, police officer, constable, or bailiff from proceeding	27792
with the sale under this division by doing both of the following:	27793

(a) Commencing a proceeding to repossess the home or vehicle	27794
pursuant to Chapters 1309. and 1317. of the Revised Code;	27795

(b) Paying to the park operator all monthly rental payments	27796
for the lot on which the home or vehicle is located from the time	27797
of the issuance of the writ of execution until the time that the	27798
home or vehicle is sold pursuant to Chapters 1309. and 1317. of	27799
the Revised Code.	27800

(7)(a) At any time prior to the day before the scheduled sale	27801
of the property pursuant to division (B)(3) of this section, the	27802
defendant may remove any personal property of the defendant from	27803
the abandoned home or vehicle or other place of storage.	27804

(b) If personal property owned by a person other than the	27805
defendant is abandoned on the residential premises and has not	27806
previously been removed, the owner of the personal property may	27807
remove the personal property from the abandoned home or vehicle or	27808
other place of storage up to the day before the scheduled sale of	27809
the property pursuant to division (B)(3) of this section upon	27810
presentation of proof of ownership of the property that is	27811
satisfactory to the sheriff, police officer, constable, or bailiff	27812
conducting the sale.	27813

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	27814
the probate court has exclusive jurisdiction:	27815

(a) To take the proof of wills and to admit to record	27816
authenticated copies of wills executed, proved, and allowed in the	27817
courts of any other state, territory, or country. If the probate	27818
judge is unavoidably absent, any judge of the court of common	27819
pleas may take proof of wills and approve bonds to be given, but	27820
the record of these acts shall be preserved in the usual records	27821
of the probate court.	27822

(b) To grant and revoke letters testamentary and of	27823
administration;	27824

(c) To direct and control the conduct and settle the accounts	27825
of executors and administrators and order the distribution of	27826
estates;	27827

(d) To appoint the attorney general to serve as the	27828
administrator of an estate pursuant to section 2113.06 of the	27829
Revised Code;	27830

(e) To appoint and remove guardians, conservators, and	27831
testamentary trustees, direct and control their conduct, and	27832
settle their accounts;	27833

(f) To grant marriage licenses;

27834

(g) To make inquests respecting persons who are so mentally	27835
impaired as a result of a mental or physical illness or	27836
disability, or mental retardation, or as a result of chronic	27837
substance abuse, that they are unable to manage their property and	27838
affairs effectively, subject to guardianship;	27839

(h) To qualify assignees, appoint and qualify trustees and	27840
commissioners of insolvents, control their conduct, and settle	27841
their accounts;	27842

(i) To authorize the sale of lands, equitable estates, or	27843
interests in lands or equitable estates, and the assignments of	27844
inchoate dower in such cases of sale, on petition by executors,	27845
administrators, and guardians;	27846

(j) To authorize the completion of real property contracts on	27847
petition of executors and administrators;	27848

(k) To construe wills;

27849

(l) To render declaratory judgments, including, but not	27850
limited to, those rendered pursuant to section 2107.084 of the	27851
Revised Code;	27852

(m) To direct and control the conduct of fiduciaries and	27853
settle their accounts;	27854

(n) To authorize the sale or lease of any estate created by	27855
will if the estate is held in trust, on petition by the trustee;	27856

(o) To terminate a testamentary trust in any case in which a	27857
court of equity may do so;	27858

(p) To hear and determine actions to contest the validity of	27859
wills;	27860

(q) To make a determination of the presumption of death of	27861
missing persons and to adjudicate the property rights and	27862
obligations of all parties affected by the presumption;	27863

(r) To hear and determine an action commenced pursuant to	27864
section 3107.41 of the Revised Code to obtain the release of	27865
information pertaining to the birth name of the adopted person and	27866
the identity of the adopted person's biological parents and	27867
biological siblings;	27868

(s) To act for and issue orders regarding wards pursuant to	27869
section 2111.50 of the Revised Code;	27870

(t) To hear and determine actions against sureties on the	27871
bonds of fiduciaries appointed by the probate court;	27872

(u) To hear and determine actions involving informed consent	27873
for medication of persons hospitalized pursuant to section	27874
5122.141 or 5122.15 of the Revised Code;	27875

(v) To hear and determine actions relating to durable powers	27876
of attorney for health care as described in division (D) of	27877
section 1337.16 of the Revised Code;	27878

(w) To hear and determine actions commenced by objecting	27879
individuals, in accordance with section 2133.05 of the Revised	27880
Code;	27881

(x) To hear and determine complaints that pertain to the use	27882
or continuation, or the withholding or withdrawal, of	27883
life-sustaining treatment in connection with certain patients	27884
allegedly in a terminal condition or in a permanently unconscious	27885
state pursuant to division (E) of section 2133.08 of the Revised	27886
Code, in accordance with that division;	27887

(y) To hear and determine applications that pertain to the	27888
withholding or withdrawal of nutrition and hydration from certain	27889
patients allegedly in a permanently unconscious state pursuant to	27890
section 2133.09 of the Revised Code, in accordance with that	27891
section;	27892

(z) To hear and determine applications of attending	27893
physicians in accordance with division (B) of section 2133.15 of	27894
the Revised Code;	27895

(aa) To hear and determine actions relative to the use or	27896
continuation of comfort care in connection with certain principals	27897
under durable powers of attorney for health care, declarants under	27898
declarations, or patients in accordance with division (E) of	27899
either section 1337.16 or 2133.12 of the Revised Code;	27900

(bb) To hear and determine applications for an order	27901
relieving an estate from administration under section 2113.03 of	27902
the Revised Code;	27903

(cc) To hear and determine applications for an order granting	27904
a summary release from administration under section 2113.031 of	27905
the Revised Code;	27906

(dd) To hear and determine actions relating to the exercise	27907
of the right of disposition, in accordance with section 2108.90 of	27908
the Revised Code;	27909

(ee) To hear and determine actions relating to the	27910
disinterment and reinterment of human remains under section 517.23	27911
of the Revised Code;	27912

(ff) To hear and determine petitions for an order for	27913
treatment of a person suffering from alcohol and other drug abuse	27914
filed under section ~~3793.34~~5119.93 of the Revised Code and to	27915
order treatment of that nature in accordance with, and take other	27916
actions afforded to the court under, sections ~~3793.31~~5119.90 to	27917
~~3793.39~~5119.98 of the Revised Code.	27918

(2) In addition to the exclusive jurisdiction conferred upon	27919
the probate court by division (A)(1) of this section, the probate	27920
court shall have exclusive jurisdiction over a particular subject	27921
matter if both of the following apply:	27922

(a) Another section of the Revised Code expressly confers	27923
jurisdiction over that subject matter upon the probate court.	27924

(b) No section of the Revised Code expressly confers	27925
jurisdiction over that subject matter upon any other court or	27926
agency.	27927

(B)(1) The probate court has concurrent jurisdiction with,	27928
and the same powers at law and in equity as, the general division	27929
of the court of common pleas to issue writs and orders, and to	27930
hear and determine actions as follows:	27931

(a) If jurisdiction relative to a particular subject matter	27932
is stated to be concurrent in a section of the Revised Code or has	27933
been construed by judicial decision to be concurrent, any action	27934
that involves that subject matter;	27935

(b) Any action that involves an inter vivos trust; a trust	27936
created pursuant to section 5815.28 of the Revised Code; a	27937
charitable trust or foundation; subject to divisions (A)(1)(u) and	27938
(z) of this section, a power of attorney, including, but not	27939
limited to, a durable power of attorney; the medical treatment of	27940
a competent adult; or a writ of habeas corpus;	27941

(c) Subject to section 2101.31 of the Revised Code, any	27942
action with respect to a probate estate, guardianship, trust, or	27943
post-death dispute that involves any of the following:	27944

(i) A designation or removal of a beneficiary of a life	27945
insurance policy, annuity contract, retirement plan, brokerage	27946
account, security account, bank account, real property, or	27947
tangible personal property;	27948

(ii) A designation or removal of a payable-on-death	27949
beneficiary or transfer-on-death beneficiary;	27950

(iii) A change in the title to any asset involving a joint	27951
and survivorship interest;	27952

(iv) An alleged gift;

27953

(v) The passing of assets upon the death of an individual	27954
otherwise than by will, intestate succession, or trust.	27955

(2) Any action that involves a concurrent jurisdiction	27956
subject matter and that is before the probate court may be	27957
transferred by the probate court, on its order, to the general	27958
division of the court of common pleas.	27959

(C) The probate court has plenary power at law and in equity	27960
to dispose fully of any matter that is properly before the court,	27961
unless the power is expressly otherwise limited or denied by a	27962
section of the Revised Code.	27963

(D) The jurisdiction acquired by a probate court over a	27964
matter or proceeding is exclusive of that of any other probate	27965
court, except when otherwise provided by law.	27966

Sec. 2108.05. (A) A donor may make an anatomical gift by	27967
doing any of the following:	27968

(1) Authorizing a statement or symbol to be imprinted on the	27969
donor's driver's license or identification card indicating that	27970
the donor has certified a willingness to make an anatomical gift;	27971

(2) Specifying in the donor's will an intent to make an	27972
anatomical gift;	27973

(3) Specifying an intent to make an anatomical gift in the	27974
donor's declaration as described in section 2133.16 of the Revised	27975
Code;	27976

(4) During a terminal illness or injury of the donor,	27977
communicating in any manner to a minimum of two adults, at least	27978
one of whom is a disinterested witness, that the donor intends to	27979
make an anatomical gift;	27980

(5) Following the procedure in division (B) of this section.

27981

(B) A donor or other person authorized to make an anatomical	27982
gift under section 2108.04 of the Revised Code may make a gift by	27983
a donor card or other record signed by the donor or other person	27984
making the gift or by authorizing that a statement or symbol	27985
indicating that the donor has certified a willingness to make an	27986
anatomical gift be included in a donor registry. If the donor or	27987
other person is physically unable to sign a record, the record may	27988
be signed by another individual at the direction of the donor or	27989
other person and shall do both of the following:	27990

(1) Be witnessed by at least two adults, at least one of whom	27991
is a disinterested witness, who have signed at the request of the	27992
donor or the other person;	27993

(2) State that it has been signed and witnessed as provided	27994
in division (B)(1) of this section.	27995

(C) Once a donor has authorized a statement or symbol to be	27996
imprinted on the donor's driver's license or identification card	27997
indicating that the donor has certified a willingness to make an	27998
anatomical gift, the donor does not need to recertify the donor's	27999
willingness to make an anatomical gift upon renewal of the	28000
driver's license or identification card. The authorization shall	28001
remain in effect until the donor withdraws that authorization.	28002

(D) Revocation, suspension, expiration, or cancellation of a	28003
driver's license or identification card upon which an anatomical	28004
gift is indicated does not invalidate the gift.	28005

~~(D)~~(E) An anatomical gift made by will takes effect on the	28006
donor's death whether or not the will is probated. Invalidation of	28007
the will after the donor's death does not invalidate the gift.	28008

Sec. 2113.041. (A) The administrator of the medicaid estate	28009
recovery program established pursuant to section ~~5111.11~~5162.21	28010
of the Revised Code may present an affidavit to a financial	28011
institution requesting that the financial institution release	28012
account proceeds to recover the cost of services correctly	28013
provided to a medicaid recipient who is subject to the medicaid	28014
estate recovery program. The affidavit shall include all of the	28015
following information:	28016

(1) The name of the decedent;

28017

(2) The name of any person who gave notice that the decedent	28018
was a medicaid recipient and that person's relationship to the	28019
decedent;	28020

(3) The name of the financial institution;

28021

(4) The account number;

28022

(5) A description of the claim for estate recovery;

28023

(6) The amount of funds to be recovered.

28024

(B) A financial institution may release account proceeds to	28025
the administrator of the medicaid estate recovery program if all	28026
of the following apply:	28027

(1) The decedent held an account at the financial institution	28028
that was in the decedent's name only.	28029

(2) No estate has been, and it is reasonable to assume that	28030
no estate will be, opened for the decedent.	28031

(3) The decedent has no outstanding debts known to the	28032
administrator of the medicaid estate recovery program.	28033

(4) The financial institution has received no objections or	28034
has determined that no valid objections to release of proceeds	28035
have been received.	28036

(C) If proceeds have been released pursuant to division (B)	28037
of this section and the department of ~~job and family services~~	28038
medicaid receives notice of a valid claim to the proceeds that has	28039
a higher priority under section 2117.25 of the Revised Code than	28040
the claim of the medicaid estate recovery program, the department	28041
may refund the proceeds to the financial institution or pay them	28042
to the person or government entity with the claim.	28043

Sec. 2113.06. (A) Administration of the estate of an	28044
intestate shall be granted to persons mentioned in this division,	28045
in the following order:	28046

(1) To the surviving spouse of the deceased, if resident of	28047
the state;	28048

(2) To one of the next of kin of the deceased, resident of	28049
the state.	28050

(B) If the persons entitled to administer the estate under	28051
division (A) of this section fail to take or renounce	28052
administration voluntarily, the matter shall be set for hearing	28053
and notice given to the persons.	28054

(C) If there are no persons entitled to administration, if	28055
they are for any reason unsuitable for the discharge of the trust,	28056
or if without sufficient cause they neglect to apply within a	28057
reasonable time for the administration of the estate, their right	28058
to priority shall be lost, and the court shall commit the	28059
administration to some suitable person who is a resident of the	28060
state, or to the attorney general or the attorney general's	28061
designee, if the department of ~~job and family services~~medicaid is	28062
seeking to recover ~~medical assistance~~the costs of medicaid	28063
services from the deceased pursuant to section ~~5111.11~~5162.21 or	28064
~~5111.111~~5162.211 of the Revised Code. The person granted	28065
administration may be a creditor of the estate.	28066

(D) This section applies to the appointment of an	28067
administrator de bonis non.	28068

Sec. 2117.061. (A) As used in this section:

28069

(1) "Medicaid estate recovery program" means the program	28070
instituted under section ~~5111.11~~5162.21 of the Revised Code.	28071

(2) "Person responsible for the estate" means the executor,	28072
administrator, commissioner, or person who filed pursuant to	28073
section 2113.03 of the Revised Code for release from	28074
administration of an estate.	28075

(B) The person responsible for the estate of a decedent	28076
subject to the medicaid estate recovery program or the estate of a	28077
decedent who was the spouse of a decedent subject to the medicaid	28078
estate recovery program shall submit a properly completed medicaid	28079
estate recovery notice form to the administrator of the medicaid	28080
estate recovery program not later than thirty days after the	28081
occurrence of any of the following:	28082

(1) The granting of letters of administration or letters	28083
testamentary;	28084

(2) The filing of an application for release from	28085
administration or summary release from administration.	28086

(C) The person responsible for the estate shall mark the	28087
appropriate box on the appropriate probate form that gives notice	28088
to the administrator of the medicaid estate recovery program to	28089
indicate compliance with the requirements of division (B) of this	28090
section.	28091

(D) The administrator of the medicaid estate recovery program	28092
shall present a claim for estate recovery to the person	28093
responsible for the estate of the decedent or the person's legal	28094
representative not later than ninety days after the date on which	28095
the medicaid estate recovery notice form is received under	28096
division (B) of this section or one year after the decedent's	28097
death, whichever is later.	28098

Sec. 2117.25. (A) Every executor or administrator shall	28099
proceed with diligence to pay the debts of the decedent and shall	28100
apply the assets in the following order:	28101

(1) Costs and expenses of administration;

28102

(2) An amount, not exceeding four thousand dollars, for	28103
funeral expenses that are included in the bill of a funeral	28104
director, funeral expenses other than those in the bill of a	28105
funeral director that are approved by the probate court, and an	28106
amount, not exceeding three thousand dollars, for burial and	28107
cemetery expenses, including that portion of the funeral	28108
director's bill allocated to cemetery expenses that have been paid	28109
to the cemetery by the funeral director.	28110

For purposes of division (A)(2) of this section, burial and	28111
cemetery expenses shall be limited to the following:	28112

(a) The purchase of a right of interment;

28113

(b) Monuments or other markers;

28114

28115

(d) The cost of opening and closing the place of interment;

28116

(e) The urn.

28117

(3) The allowance for support made to the surviving spouse,	28118
minor children, or both under section 2106.13 of the Revised Code;	28119

(4) Debts entitled to a preference under the laws of the	28120
United States;	28121

(5) Expenses of the last sickness of the decedent;

28122

(6) If the total bill of a funeral director for funeral	28123
expenses exceeds four thousand dollars, then, in addition to the	28124
amount described in division (A)(2) of this section, an amount,	28125
not exceeding two thousand dollars, for funeral expenses that are	28126
included in the bill and that exceed four thousand dollars;	28127

(7) Expenses of the decedent's last continuous stay in a	28128
nursing home as defined in section 3721.01 of the Revised Code,	28129
residential facility as defined in section 5123.19 of the Revised	28130
Code, or hospital long-term care unit as defined in section	28131
~~3721.50~~5168.40 of the Revised Code.	28132

For purposes of division (A)(7) of this section, a decedent's	28133
last ~~continuance~~continuous stay includes up to thirty consecutive	28134
days during which the decedent was temporarily absent from the	28135
nursing home, residential facility, or hospital long-term care	28136
unit.	28137

(8) Personal property taxes, claims made under the medicaid	28138
estate recovery program instituted pursuant to section ~~5111.11~~	28139
5162.21 of the Revised Code, and obligations for which the	28140
decedent was personally liable to the state or any of its	28141
subdivisions;	28142

(9) Debts for manual labor performed for the decedent within	28143
twelve months preceding the decedent's death, not exceeding three	28144
hundred dollars to any one person;	28145

(10) Other debts for which claims have been presented and	28146
finally allowed.	28147

(B) The part of the bill of a funeral director that exceeds	28148
the total of six thousand dollars as described in divisions (A)(2)	28149
and (6) of this section, and the part of a claim included in	28150
division (A)(9) of this section that exceeds three hundred dollars	28151
shall be included as a debt under division (A)(10) of this	28152
section, depending upon the time when the claim for the additional	28153
amount is presented.	28154

(C) Any natural person or fiduciary who pays a claim of any	28155
creditor described in division (A) of this section shall be	28156
subrogated to the rights of that creditor proportionate to the	28157
amount of the payment and shall be entitled to reimbursement for	28158
that amount in accordance with the priority of payments set forth	28159
in that division.	28160

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	28161
to the manner in which and the time within which claims shall be	28162
presented, shall apply to claims set forth in divisions (A)(2),	28163
(6), and (9) of this section. Claims for an expense of	28164
administration or for the allowance for support need not be	28165
presented. The executor or administrator shall pay debts included	28166
in divisions (A)(4) and (8) of this section, of which the executor	28167
or administrator has knowledge, regardless of presentation.	28168

(2) The giving of written notice to an executor or	28169
administrator of a motion or application to revive an action	28170
pending against the decedent at the date of death shall be	28171
equivalent to the presentation of a claim to the executor or	28172
administrator for the purpose of determining the order of payment	28173
of any judgment rendered or decree entered in such an action.	28174

(E) No payments shall be made to creditors of one class until	28175
all those of the preceding class are fully paid or provided for.	28176
If the assets are insufficient to pay all the claims of one class,	28177
the creditors of that class shall be paid ratably.	28178

(F) If it appears at any time that the assets have been	28179
exhausted in paying prior or preferred charges, allowances, or	28180
claims, those payments shall be a bar to an action on any claim	28181
not entitled to that priority or preference.	28182

Sec. 2133.01. Unless the context otherwise requires, as used	28183
in sections 2133.01 to 2133.15 of the Revised Code:	28184

(A) "Adult" means an individual who is eighteen years of age	28185
or older.	28186

(B) "Attending physician" means the physician to whom a	28187
declarant or other patient, or the family of a declarant or other	28188
patient, has assigned primary responsibility for the treatment or	28189
care of the declarant or other patient, or, if the responsibility	28190
has not been assigned, the physician who has accepted that	28191
responsibility.	28192

28193

(1) Nutrition when administered to diminish the pain or	28194
discomfort of a declarant or other patient, but not to postpone	28195
the declarant's or other patient's death;	28196

(2) Hydration when administered to diminish the pain or	28197
discomfort of a declarant or other patient, but not to postpone	28198
the declarant's or other patient's death;	28199

(3) Any other medical or nursing procedure, treatment,	28200
intervention, or other measure that is taken to diminish the pain	28201
or discomfort of a declarant or other patient, but not to postpone	28202
the declarant's or other patient's death.	28203

(D) "Consulting physician" means a physician who, in	28204
conjunction with the attending physician of a declarant or other	28205
patient, makes one or more determinations that are required to be	28206
made by the attending physician, or to be made by the attending	28207
physician and one other physician, by an applicable provision of	28208
this chapter, to a reasonable degree of medical certainty and in	28209
accordance with reasonable medical standards.	28210

(E) "Declarant" means any adult who has executed a	28211
declaration in accordance with section 2133.02 of the Revised	28212
Code.	28213

(F) "Declaration" means a written document executed in	28214
accordance with section 2133.02 of the Revised Code.	28215

(G) "Durable power of attorney for health care" means a	28216
document created pursuant to sections 1337.11 to 1337.17 of the	28217
Revised Code.	28218

(H) "Guardian" means a person appointed by a probate court	28219
pursuant to Chapter 2111. of the Revised Code to have the care and	28220
management of the person of an incompetent.	28221

(I) "Health care facility" means any of the following:

28222

(1) A hospital;

28223

(2) A hospice care program, pediatric respite care program,	28224
or other institution that specializes in comfort care of patients	28225
in a terminal condition or in a permanently unconscious state;	28226

(3) A nursing home or residential care facility, as defined	28227
in section 3721.01 of the Revised Code;	28228

(4) A home health agency and any residential facility where a	28229
person is receiving care under the direction of a home health	28230
agency;	28231

(5) An intermediate care facility for the mentally retarded.

28232

(J) "Health care personnel" means physicians, nurses,	28233
physician assistants, emergency medical technicians-basic,	28234
emergency medical technicians-intermediate, emergency medical	28235
technicians-paramedic, medical technicians, dietitians, other	28236
authorized persons acting under the direction of an attending	28237
physician, and administrators of health care facilities.	28238

(K) "Home health agency" has the same meaning as in section	28239
3701.881 of the Revised Code.	28240

(L) "Hospice care program" and "pediatric respite care	28241
program" have the same meanings as in section 3712.01 of the	28242
Revised Code.	28243

(M) "Hospital" has the same meanings as in sections 3701.01,	28244
3727.01, and 5122.01 of the Revised Code.	28245

(N) "Hydration" means fluids that are artificially or	28246
technologically administered.	28247

(O) "Incompetent" has the same meaning as in section 2111.01	28248
of the Revised Code.	28249

(P) "Intermediate care facility for the mentally retarded"	28250
has the same meaning as in section ~~5111.20~~5124.01 of the Revised	28251
Code.	28252

(Q) "Life-sustaining treatment" means any medical procedure,	28253
treatment, intervention, or other measure that, when administered	28254
to a qualified patient or other patient, will serve principally to	28255
prolong the process of dying.	28256

(R) "Nurse" means a person who is licensed to practice	28257
nursing as a registered nurse or to practice practical nursing as	28258
a licensed practical nurse pursuant to Chapter 4723. of the	28259
Revised Code.	28260

(S) "Nursing home" has the same meaning as in section 3721.01	28261
of the Revised Code.	28262

(T) "Nutrition" means sustenance that is artificially or	28263
technologically administered.	28264

(U) "Permanently unconscious state" means a state of	28265
permanent unconsciousness in a declarant or other patient that, to	28266
a reasonable degree of medical certainty as determined in	28267
accordance with reasonable medical standards by the declarant's or	28268
other patient's attending physician and one other physician who	28269
has examined the declarant or other patient, is characterized by	28270
both of the following:	28271

(1) Irreversible unawareness of one's being and environment.

28272

(2) Total loss of cerebral cortical functioning, resulting in	28273
the declarant or other patient having no capacity to experience	28274
pain or suffering.	28275

(V) "Person" has the same meaning as in section 1.59 of the	28276
Revised Code and additionally includes political subdivisions and	28277
governmental agencies, boards, commissions, departments,	28278
institutions, offices, and other instrumentalities.	28279

(W) "Physician" means a person who is authorized under	28280
Chapter 4731. of the Revised Code to practice medicine and surgery	28281
or osteopathic medicine and surgery.	28282

(X) "Political subdivision" and "state" have the same	28283
meanings as in section 2744.01 of the Revised Code.	28284

(Y) "Professional disciplinary action" means action taken by	28285
the board or other entity that regulates the professional conduct	28286
of health care personnel, including the state medical board and	28287
the board of nursing.	28288

(Z) "Qualified patient" means an adult who has executed a	28289
declaration and has been determined to be in a terminal condition	28290
or in a permanently unconscious state.	28291

(AA) "Terminal condition" means an irreversible, incurable,	28292
and untreatable condition caused by disease, illness, or injury	28293
from which, to a reasonable degree of medical certainty as	28294
determined in accordance with reasonable medical standards by a	28295
declarant's or other patient's attending physician and one other	28296
physician who has examined the declarant or other patient, both of	28297
the following apply:	28298

(1) There can be no recovery.

28299

(2) Death is likely to occur within a relatively short time	28300
if life-sustaining treatment is not administered.	28301

(BB) "Tort action" means a civil action for damages for	28302
injury, death, or loss to person or property, other than a civil	28303
action for damages for breach of a contract or another agreement	28304
between persons.	28305

Sec. 2133.25. (A) The department of health, by rule adopted	28306
pursuant to Chapter 119. of the Revised Code, shall adopt a	28307
standardized method of procedure for the withholding of CPR by	28308
physicians, emergency medical services personnel, and health care	28309
facilities in accordance with sections 2133.21 to 2133.26 of the	28310
Revised Code. The standardized method shall specify criteria for	28311
determining when a do-not-resuscitate order issued by a physician	28312
is current. The standardized method so adopted shall be the	28313
"do-not-resuscitate protocol" for purposes of sections 2133.21 to	28314
2133.26 of the Revised Code. The department also shall approve one	28315
or more standard forms of DNR identification to be used throughout	28316
this state.	28317

(B) The department of health shall adopt rules in accordance	28318
with Chapter 119. of the Revised Code for the administration of	28319
sections 2133.21 to 2133.26 of the Revised Code.	28320

(C) The department of health shall appoint an advisory	28321
committee to advise the department in the development of rules	28322
under this section. The advisory committee shall include, but	28323
shall not be limited to, representatives of each of the following	28324
organizations:	28325

(1) The association for hospitals and health systems (OHA);

28326

(2) The Ohio state medical association;

28327

(3) The Ohio chapter of the American college of emergency	28328
physicians;	28329

(4) The Ohio hospice organization;

28330

(5) The Ohio council for home care;

28331

(6) The Ohio health care association;

28332

(7) The Ohio ambulance association;

28333

(8) The Ohio medical directors association;

28334

(9) The Ohio association of emergency medical services;

28335

(10) The bioethics network of Ohio;

28336

(11) The Ohio nurses association;

28337

(12) The Ohio academy of nursing homes;

28338

(13) The Ohio association of professional firefighters;

28339

(14) The department of developmental disabilities;

28340

(15) The Ohio osteopathic association;

28341

(16) The association of Ohio philanthropic homes, housing and	28342
services for the aging;	28343

(17) The catholic conference of Ohio;

28344

(18) The department of aging;

28345

(19) The department of ~~mental health~~mental health and	28346
addiction services;	28347

(20) The Ohio private residential association;

28348

(21) The northern Ohio fire fighters association.

28349

Sec. 2151.011. (A) As used in the Revised Code:

28350

(1) "Juvenile court" means whichever of the following is	28351
applicable that has jurisdiction under this chapter and Chapter	28352
2152. of the Revised Code:	28353

(a) The division of the court of common pleas specified in	28354
section 2101.022 or 2301.03 of the Revised Code as having	28355
jurisdiction under this chapter and Chapter 2152. of the Revised	28356
Code or as being the juvenile division or the juvenile division	28357
combined with one or more other divisions;	28358

(b) The juvenile court of Cuyahoga county or Hamilton county	28359
that is separately and independently created by section 2151.08 or	28360
Chapter 2153. of the Revised Code and that has jurisdiction under	28361
this chapter and Chapter 2152. of the Revised Code;	28362

(c) If division (A)(1)(a) or (b) of this section does not	28363
apply, the probate division of the court of common pleas.	28364

(2) "Juvenile judge" means a judge of a court having	28365
jurisdiction under this chapter.	28366

(3) "Private child placing agency" means any association, as	28367
defined in section 5103.02 of the Revised Code, that is certified	28368
under section 5103.03 of the Revised Code to accept temporary,	28369
permanent, or legal custody of children and place the children for	28370
either foster care or adoption.	28371

(4) "Private noncustodial agency" means any person,	28372
organization, association, or society certified by the department	28373
of job and family services that does not accept temporary or	28374
permanent legal custody of children, that is privately operated in	28375
this state, and that does one or more of the following:	28376

(a) Receives and cares for children for two or more	28377
consecutive weeks;	28378

(b) Participates in the placement of children in certified	28379
foster homes;	28380

(c) Provides adoption services in conjunction with a public	28381
children services agency or private child placing agency.	28382

(B) As used in this chapter:

28383

(1) "Adequate parental care" means the provision by a child's	28384
parent or parents, guardian, or custodian of adequate food,	28385
clothing, and shelter to ensure the child's health and physical	28386
safety and the provision by a child's parent or parents of	28387
specialized services warranted by the child's physical or mental	28388
needs.	28389

(2) "Adult" means an individual who is eighteen years of age	28390
or older.	28391

(3) "Agreement for temporary custody" means a voluntary	28392
agreement authorized by section 5103.15 of the Revised Code that	28393
transfers the temporary custody of a child to a public children	28394
services agency or a private child placing agency.	28395

(4) "Alternative response" means the public children services	28396
agency's response to a report of child abuse or neglect that	28397
engages the family in a comprehensive evaluation of child safety,	28398
risk of subsequent harm, and family strengths and needs and that	28399
does not include a determination as to whether child abuse or	28400
neglect occurred.	28401

(5) "Certified foster home" means a foster home, as defined	28402
in section 5103.02 of the Revised Code, certified under section	28403
5103.03 of the Revised Code.	28404

(6) "Child" means a person who is under eighteen years of	28405
age, except that the juvenile court has jurisdiction over any	28406
person who is adjudicated an unruly child prior to attaining	28407
eighteen years of age until the person attains twenty-one years of	28408
age, and, for purposes of that jurisdiction related to that	28409
adjudication, a person who is so adjudicated an unruly child shall	28410
be deemed a "child" until the person attains twenty-one years of	28411
age.	28412

(7) "Child day camp," "child care," "child day-care center,"	28413
"part-time child day-care center," "type A family day-care home,"	28414
"certified type B family day-care home," "type B home,"	28415
"administrator of a child day-care center," "administrator of a	28416
type A family day-care home," "in-home aide," and "authorized	28417
provider" have the same meanings as in section 5104.01 of the	28418
Revised Code.	28419

(8) "Child care provider" means an individual who is a	28420
child-care staff member or administrator of a child day-care	28421
center, a type A family day-care home, or a type B family day-care	28422
home, or an in-home aide or an individual who is licensed, is	28423
regulated, is approved, operates under the direction of, or	28424
otherwise is certified by the department of job and family	28425
services, department of developmental disabilities, or the early	28426
childhood programs of the department of education.	28427

(9) "Chronic truant" has the same meaning as in section	28428
2152.02 of the Revised Code.	28429

(10) "Commit" means to vest custody as ordered by the court.

28430

(11) "Counseling" includes both of the following:

28431

(a) General counseling services performed by a public	28432
children services agency or shelter for victims of domestic	28433
violence to assist a child, a child's parents, and a child's	28434
siblings in alleviating identified problems that may cause or have	28435
caused the child to be an abused, neglected, or dependent child.	28436

(b) Psychiatric or psychological therapeutic counseling	28437
services provided to correct or alleviate any mental or emotional	28438
illness or disorder and performed by a licensed psychiatrist,	28439
licensed psychologist, or a person licensed under Chapter 4757. of	28440
the Revised Code to engage in social work or professional	28441
counseling.	28442

(12) "Custodian" means a person who has legal custody of a	28443
child or a public children services agency or private child	28444
placing agency that has permanent, temporary, or legal custody of	28445
a child.	28446

(13) "Delinquent child" has the same meaning as in section	28447
2152.02 of the Revised Code.	28448

(14) "Detention" means the temporary care of children pending	28449
court adjudication or disposition, or execution of a court order,	28450
in a public or private facility designed to physically restrict	28451
the movement and activities of children.	28452

(15) "Developmental disability" has the same meaning as in	28453
section 5123.01 of the Revised Code.	28454

(16) "Differential response approach" means an approach that	28455
a public children services agency may use to respond to accepted	28456
reports of child abuse or neglect with either an alternative	28457
response or a traditional response.	28458

(17) "Foster caregiver" has the same meaning as in section	28459
5103.02 of the Revised Code.	28460

(18) "Guardian" means a person, association, or corporation	28461
that is granted authority by a probate court pursuant to Chapter	28462
2111. of the Revised Code to exercise parental rights over a child	28463
to the extent provided in the court's order and subject to the	28464
residual parental rights of the child's parents.	28465

(19) "Habitual truant" means any child of compulsory school	28466
age who is absent without legitimate excuse for absence from the	28467
public school the child is supposed to attend for five or more	28468
consecutive school days, seven or more school days in one school	28469
month, or twelve or more school days in a school year.	28470

(20) "Juvenile traffic offender" has the same meaning as in	28471
section 2152.02 of the Revised Code.	28472

(21) "Legal custody" means a legal status that vests in the	28473
custodian the right to have physical care and control of the child	28474
and to determine where and with whom the child shall live, and the	28475
right and duty to protect, train, and discipline the child and to	28476
provide the child with food, shelter, education, and medical care,	28477
all subject to any residual parental rights, privileges, and	28478
responsibilities. An individual granted legal custody shall	28479
exercise the rights and responsibilities personally unless	28480
otherwise authorized by any section of the Revised Code or by the	28481
court.	28482

(22) A "legitimate excuse for absence from the public school	28483
the child is supposed to attend" includes, but is not limited to,	28484
any of the following:	28485

(a) The fact that the child in question has enrolled in and	28486
is attending another public or nonpublic school in this or another	28487
state;	28488

(b) The fact that the child in question is excused from	28489
attendance at school for any of the reasons specified in section	28490
3321.04 of the Revised Code;	28491

(c) The fact that the child in question has received an age	28492
and schooling certificate in accordance with section 3331.01 of	28493
the Revised Code.	28494

(23) "Mental illness" and "mentally ill person subject to	28495
hospitalization by court order" have the same meanings as in	28496
section 5122.01 of the Revised Code.	28497

(24) "Mental injury" means any behavioral, cognitive,	28498
emotional, or mental disorder in a child caused by an act or	28499
omission that is described in section 2919.22 of the Revised Code	28500
and is committed by the parent or other person responsible for the	28501
child's care.	28502

(25) "Mentally retarded person" has the same meaning as in	28503
section 5123.01 of the Revised Code.	28504

(26) "Nonsecure care, supervision, or training" means care,	28505
supervision, or training of a child in a facility that does not	28506
confine or prevent movement of the child within the facility or	28507
from the facility.	28508

(27) "Of compulsory school age" has the same meaning as in	28509
section 3321.01 of the Revised Code.	28510

(28) "Organization" means any institution, public,	28511
semipublic, or private, and any private association, society, or	28512
agency located or operating in the state, incorporated or	28513
unincorporated, having among its functions the furnishing of	28514
protective services or care for children, or the placement of	28515
children in certified foster homes or elsewhere.	28516

(29) "Out-of-home care" means detention facilities, shelter	28517
facilities, certified children's crisis care facilities, certified	28518
foster homes, placement in a prospective adoptive home prior to	28519
the issuance of a final decree of adoption, organizations,	28520
certified organizations, child day-care centers, type A family	28521
day-care homes, child care provided by type B family day-care home	28522
providers and by in-home aides, group home providers, group homes,	28523
institutions, state institutions, residential facilities,	28524
residential care facilities, residential camps, day camps, public	28525
schools, chartered nonpublic schools, educational service centers,	28526
hospitals, and medical clinics that are responsible for the care,	28527
physical custody, or control of children.	28528

(30) "Out-of-home care child abuse" means any of the	28529
following when committed by a person responsible for the care of a	28530
child in out-of-home care:	28531

(a) Engaging in sexual activity with a child in the person's	28532
care;	28533

(b) Denial to a child, as a means of punishment, of proper or	28534
necessary subsistence, education, medical care, or other care	28535
necessary for a child's health;	28536

(c) Use of restraint procedures on a child that cause injury	28537
or pain;	28538

(d) Administration of prescription drugs or psychotropic	28539
medication to the child without the written approval and ongoing	28540
supervision of a licensed physician;	28541

(e) Commission of any act, other than by accidental means,	28542
that results in any injury to or death of the child in out-of-home	28543
care or commission of any act by accidental means that results in	28544
an injury to or death of a child in out-of-home care and that is	28545
at variance with the history given of the injury or death.	28546

(31) "Out-of-home care child neglect" means any of the	28547
following when committed by a person responsible for the care of a	28548
child in out-of-home care:	28549

(a) Failure to provide reasonable supervision according to	28550
the standards of care appropriate to the age, mental and physical	28551
condition, or other special needs of the child;	28552

(b) Failure to provide reasonable supervision according to	28553
the standards of care appropriate to the age, mental and physical	28554
condition, or other special needs of the child, that results in	28555
sexual or physical abuse of the child by any person;	28556

28557

(i) Administration of prescription drugs or psychotropic	28558
drugs for the child;	28559

(ii) Assuring that the instructions of the licensed physician	28560
who prescribed a drug for the child are followed;	28561

(iii) Reporting to the licensed physician who prescribed the	28562
drug all unfavorable or dangerous side effects from the use of the	28563
drug.	28564

(d) Failure to provide proper or necessary subsistence,	28565
education, medical care, or other individualized care necessary	28566
for the health or well-being of the child;	28567

(e) Confinement of the child to a locked room without	28568
monitoring by staff;	28569

(f) Failure to provide ongoing security for all prescription	28570
and nonprescription medication;	28571

(g) Isolation of a child for a period of time when there is	28572
substantial risk that the isolation, if continued, will impair or	28573
retard the mental health or physical well-being of the child.	28574

(32) "Permanent custody" means a legal status that vests in a	28575
public children services agency or a private child placing agency,	28576
all parental rights, duties, and obligations, including the right	28577
to consent to adoption, and divests the natural parents or	28578
adoptive parents of all parental rights, privileges, and	28579
obligations, including all residual rights and obligations.	28580

(33) "Permanent surrender" means the act of the parents or,	28581
if a child has only one parent, of the parent of a child, by a	28582
voluntary agreement authorized by section 5103.15 of the Revised	28583
Code, to transfer the permanent custody of the child to a public	28584
children services agency or a private child placing agency.	28585

(34) "Person" means an individual, association, corporation,	28586
or partnership and the state or any of its political subdivisions,	28587
departments, or agencies.	28588

(35) "Person responsible for a child's care in out-of-home	28589
care" means any of the following:	28590

(a) Any foster caregiver, in-home aide, or provider;

28591

(b) Any administrator, employee, or agent of any of the	28592
following: a public or private detention facility; shelter	28593
facility; certified children's crisis care facility; organization;	28594
certified organization; child day-care center; type A family	28595
day-care home; certified type B family day-care home; group home;	28596
institution; state institution; residential facility; residential	28597
care facility; residential camp; day camp; school district;	28598
community school; chartered nonpublic school; educational service	28599
center; hospital; or medical clinic;	28600

(c) Any person who supervises or coaches children as part of	28601
an extracurricular activity sponsored by a school district, public	28602
school, or chartered nonpublic school;	28603

(d) Any other person who performs a similar function with	28604
respect to, or has a similar relationship to, children.	28605

(36) "Physically impaired" means having one or more of the	28606
following conditions that substantially limit one or more of an	28607
individual's major life activities, including self-care, receptive	28608
and expressive language, learning, mobility, and self-direction:	28609

(a) A substantial impairment of vision, speech, or hearing;

28610

(b) A congenital orthopedic impairment;

28611

(c) An orthopedic impairment caused by disease, rheumatic	28612
fever or any other similar chronic or acute health problem, or	28613
amputation or another similar cause.	28614

(37) "Placement for adoption" means the arrangement by a	28615
public children services agency or a private child placing agency	28616
with a person for the care and adoption by that person of a child	28617
of whom the agency has permanent custody.	28618

(38) "Placement in foster care" means the arrangement by a	28619
public children services agency or a private child placing agency	28620
for the out-of-home care of a child of whom the agency has	28621
temporary custody or permanent custody.	28622

(39) "Planned permanent living arrangement" means an order of	28623
a juvenile court pursuant to which both of the following apply:	28624

(a) The court gives legal custody of a child to a public	28625
children services agency or a private child placing agency without	28626
the termination of parental rights.	28627

(b) The order permits the agency to make an appropriate	28628
placement of the child and to enter into a written agreement with	28629
a foster care provider or with another person or agency with whom	28630
the child is placed.	28631

(40) "Practice of social work" and "practice of professional	28632
counseling" have the same meanings as in section 4757.01 of the	28633
Revised Code.	28634

(41) "Sanction, service, or condition" means a sanction,	28635
service, or condition created by court order following an	28636
adjudication that a child is an unruly child that is described in	28637
division (A)(4) of section 2152.19 of the Revised Code.	28638

(42) "Protective supervision" means an order of disposition	28639
pursuant to which the court permits an abused, neglected,	28640
dependent, or unruly child to remain in the custody of the child's	28641
parents, guardian, or custodian and stay in the child's home,	28642
subject to any conditions and limitations upon the child, the	28643
child's parents, guardian, or custodian, or any other person that	28644
the court prescribes, including supervision as directed by the	28645
court for the protection of the child.	28646

(43) "Psychiatrist" has the same meaning as in section	28647
5122.01 of the Revised Code.	28648

(44) "Psychologist" has the same meaning as in section	28649
4732.01 of the Revised Code.	28650

(45) "Residential camp" means a program in which the care,	28651
physical custody, or control of children is accepted overnight for	28652
recreational or recreational and educational purposes.	28653

(46) "Residential care facility" means an institution,	28654
residence, or facility that is licensed by the department of	28655
~~mental health~~mental health and addiction services under section	28656
~~5119.22~~5119.34 of the Revised Code and that provides care for a	28657
child.	28658

(47) "Residential facility" means a home or facility that is	28659
licensed by the department of developmental disabilities under	28660
section 5123.19 of the Revised Code and in which a child with a	28661
developmental disability resides.	28662

(48) "Residual parental rights, privileges, and	28663
responsibilities" means those rights, privileges, and	28664
responsibilities remaining with the natural parent after the	28665
transfer of legal custody of the child, including, but not	28666
necessarily limited to, the privilege of reasonable visitation,	28667
consent to adoption, the privilege to determine the child's	28668
religious affiliation, and the responsibility for support.	28669

(49) "School day" means the school day established by the	28670
state board of education pursuant to section 3313.48 of the	28671
Revised Code.	28672

(50) "School month" and "school year" have the same meanings	28673
as in section 3313.62 of the Revised Code.	28674

(51) "Secure correctional facility" means a facility under	28675
the direction of the department of youth services that is designed	28676
to physically restrict the movement and activities of children and	28677
used for the placement of children after adjudication and	28678
disposition.	28679

(52) "Sexual activity" has the same meaning as in section	28680
2907.01 of the Revised Code.	28681

(53) "Shelter" means the temporary care of children in	28682
physically unrestricted facilities pending court adjudication or	28683
disposition.	28684

(54) "Shelter for victims of domestic violence" has the same	28685
meaning as in section 3113.33 of the Revised Code.	28686

(55) "Temporary custody" means legal custody of a child who	28687
is removed from the child's home, which custody may be terminated	28688
at any time at the discretion of the court or, if the legal	28689
custody is granted in an agreement for temporary custody, by the	28690
person who executed the agreement.	28691

(56) "Traditional response" means a public children services	28692
agency's response to a report of child abuse or neglect that	28693
encourages engagement of the family in a comprehensive evaluation	28694
of the child's current and future safety needs and a fact-finding	28695
process to determine whether child abuse or neglect occurred and	28696
the circumstances surrounding the alleged harm or risk of harm.	28697

(C) For the purposes of this chapter, a child shall be	28698
presumed abandoned when the parents of the child have failed to	28699
visit or maintain contact with the child for more than ninety	28700
days, regardless of whether the parents resume contact with the	28701
child after that period of ninety days.	28702

Sec. 2151.3514. (A) As used in this section:

28703

(1) "~~Alcohol and drug~~Community addiction ~~program~~services	28704
provider" has the same meaning as in section ~~3793.01~~5119.01 of	28705
the Revised Code;	28706

(2) "Chemical dependency" means either of the following:

28707

(a) The chronic and habitual use of alcoholic beverages to	28708
the extent that the user no longer can control the use of alcohol	28709
or endangers the user's health, safety, or welfare or that of	28710
others;	28711

(b) The use of a drug of abuse to the extent that the user	28712
becomes physically or psychologically dependent on the drug or	28713
endangers the user's health, safety, or welfare or that of others.	28714

(3) "Drug of abuse" has the same meaning as in section	28715
3719.011 of the Revised Code.	28716

~~(4) "Medicaid" means the program established under Chapter~~	28717
~~5111. of the Revised Code.~~	28718

(B) If the juvenile court issues an order of temporary	28719
custody or protective supervision under division (A) of section	28720
2151.353 of the Revised Code with respect to a child adjudicated	28721
to be an abused, neglected, or dependent child and the alcohol or	28722
other drug addiction of a parent or other caregiver of the child	28723
was the basis for the adjudication of abuse, neglect, or	28724
dependency, the court shall issue an order requiring the parent or	28725
other caregiver to submit to an assessment and, if needed,	28726
treatment from ~~an alcohol and drug~~a community addiction ~~program~~	28727
services provider certified by the department of ~~alcohol and drug~~	28728
~~addiction services~~mental health and addiction services. The court	28729
may order the parent or other caregiver to submit to alcohol or	28730
other drug testing during, after, or both during and after, the	28731
treatment. The court shall send any order issued pursuant to this	28732
division to the public children services agency that serves the	28733
county in which the court is located for use as described in	28734
section 340.15 of the Revised Code.	28735

(C) Any order requiring alcohol or other drug testing that is	28736
issued pursuant to division (B) of this section shall require one	28737
alcohol or other drug test to be conducted each month during a	28738
period of twelve consecutive months beginning the month	28739
immediately following the month in which the order for alcohol or	28740
other drug testing is issued. Arrangements for administering the	28741
alcohol or other drug tests, as well as funding the costs of the	28742
tests, shall be locally determined in accordance with sections	28743
~~340.033~~340.03 and 340.15 of the Revised Code. If a parent or	28744
other caregiver required to submit to alcohol or other drug tests	28745
under this section is not a recipient of medicaid, the agency that	28746
refers the parent or caregiver for the tests may require the	28747
parent or caregiver to reimburse the agency for the cost of	28748
conducting the tests.	28749

(D) The certified ~~alcohol and drug~~community addiction	28750
~~program~~services provider that conducts any alcohol or other drug	28751
tests ordered in accordance with divisions (B) and (C) of this	28752
section shall send the results of the tests, along with the	28753
~~program's~~provider's recommendations as to the benefits of	28754
continued treatment, to the court and to the public children	28755
services agency providing services to the involved family,	28756
according to federal regulations set forth in 42 C.F.R. Part 2,	28757
and division (B) of section 340.15 of the Revised Code. The court	28758
shall consider the results and the recommendations sent to it	28759
under this division in any adjudication or review by the court,	28760
according to section 2151.353, 2151.414, or 2151.419 of the	28761
Revised Code.	28762

Sec. 2151.362. (A)(1) In the manner prescribed by division	28763
(C)(1) or (2) of section 3313.64 of the Revised Code, as	28764
applicable, the court, at the time of making any order that	28765
removes a child from the child's own home or that vests legal or	28766
permanent custody of the child in a person other than the child's	28767
parent or a government agency, shall determine the school district	28768
that is to bear the cost of educating the child. The court shall	28769
make the determination a part of the order that provides for the	28770
child's placement or commitment. That school district shall bear	28771
the cost of educating the child unless and until the department of	28772
education determines that a different district shall be	28773
responsible for bearing that cost pursuant to division (A)(2) of	28774
this section. The court's order shall state that the determination	28775
of which school district is responsible to bear the cost of	28776
educating the child is subject to re-determination by the	28777
department pursuant to that division.	28778

(2) If, while the child is in the custody of a person other	28779
than the child's parent or a government agency, the department of	28780
education determines that the place of residence of the child's	28781
parent has changed since the court issued its initial order, the	28782
department may name a different school district to bear the cost	28783
of educating the child. The department shall make this new	28784
determination, and any future determinations, based on evidence	28785
received from the school district currently responsible to bear	28786
the cost of educating the child. If the department finds that the	28787
evidence demonstrates to its satisfaction that the residence of	28788
the child's parent has changed since the court issued its initial	28789
order under division (A)(1) of this section, or since the	28790
department last made a determination under division (A)(2) of this	28791
section, the department shall name the district in which the	28792
child's parent currently resides or, if the parent's residence is	28793
not known, the district in which the parent's last known residence	28794
is located. If the department cannot determine any Ohio district	28795
in which the parent currently resides or has resided, the school	28796
district designated in the initial court order under division	28797
(A)(1) of this section, or in the most recent determination made	28798
by the department under division (A)(2) of this section, shall	28799
continue to bear the cost of educating the child.	28800

(B) Whenever a child is placed in a detention facility	28801
established under section 2152.41 of the Revised Code or a	28802
juvenile facility established under section 2151.65 of the Revised	28803
Code, the facility shall be responsible for coordinating the	28804
education of the child. The facility may take any of the following	28805
measures in coordinating the education of the child:	28806

(1) If applicable, use the chartered nonpublic school that	28807
the facility operates;	28808

(2) Arrange with the school district responsible for bearing	28809
the cost of educating the child determined under division (A) of	28810
this section, for the facility to educate the child on its own;	28811

(3) Contract with an educational service center for the	28812
service center to educate the child;	28813

(4) Contract with the school district in which the facility	28814
is located for that school district to educate the child;	28815

(5) If the child is enrolled in an internet- or	28816
computer-based community school established under Chapter 3314. of	28817
the Revised Code, and provided that the facility possesses the	28818
necessary hardware, software, and internet connectivity, permit	28819
continued instruction of the child by the internet- or	28820
computer-based community school.	28821

If the facility coordinates the education of the child	28822
pursuant to division (B)(1), (2), (3), or (4) of this section,	28823
child's school district as determined by the court or the	28824
department, in the same manner as prescribed in division (A) of	28825
this section, shall pay the cost of educating the child based on	28826
the per capita cost of the educational facility within the	28827
detention home or juvenile facility.	28828

If the facility coordinates the education of the child	28829
pursuant to division (B)(5) of this section, payment for the cost	28830
of educating the child shall be made only as provided in division	28831
(C) of section 3314.08 of the Revised Code.	28832

(C) Whenever a child is placed by the court in a private	28833
institution, school, or residential treatment center or any other	28834
private facility, the state shall pay to the court a subsidy to	28835
help defray the expense of educating the child in an amount equal	28836
to the product of the daily per capita educational cost of the	28837
private facility, as determined pursuant to this section, and the	28838
number of days the child resides at the private facility, provided	28839
that the subsidy shall not exceed twenty-five hundred dollars per	28840
year per child. The daily per capita educational cost of a private	28841
facility shall be determined by dividing the actual program cost	28842
of the private facility or twenty-five hundred dollars, whichever	28843
is less, by three hundred sixty-five days or by three hundred	28844
sixty-six days for years that include February twenty-ninth. The	28845
state shall pay seventy-five per cent of the total subsidy for	28846
each year quarterly to the court. The state may adjust the	28847
remaining twenty-five per cent of the total subsidy to be paid to	28848
the court for each year to an amount that is less than twenty-five	28849
per cent of the total subsidy for that year based upon the	28850
availability of funds appropriated to the department of education	28851
for the purpose of subsidizing courts that place a child in a	28852
private institution, school, or residential treatment center or	28853
any other private facility and shall pay that adjusted amount to	28854
the court at the end of the year.	28855

Sec. 2151.86. (A)(1) The appointing or hiring officer of any	28856
entity that appoints or employs any person responsible for a	28857
child's care in out-of-home care shall request the superintendent	28858
of BCII to conduct a criminal records check with respect to any	28859
person who is under final consideration for appointment or	28860
employment as a person responsible for a child's care in	28861
out-of-home care, except that section 3319.39 of the Revised Code	28862
shall apply instead of this section if the out-of-home care entity	28863
is a public school, educational service center, or chartered	28864
nonpublic school.	28865

(2) At the times specified in this division, the	28866
administrative director of an agency, or attorney, who arranges an	28867
adoption for a prospective adoptive parent shall request the	28868
superintendent of BCII to conduct a criminal records check with	28869
respect to that prospective adoptive parent and a criminal records	28870
check with respect to all persons eighteen years of age or older	28871
who reside with the prospective adoptive parent. The	28872
administrative director or attorney shall request a criminal	28873
records check pursuant to this division at the time of the initial	28874
home study, every four years after the initial home study at the	28875
time of an update, and at the time that an adoptive home study is	28876
completed as a new home study.	28877

(3) Before a recommending agency submits a recommendation to	28878
the department of job and family services on whether the	28879
department should issue a certificate to a foster home under	28880
section 5103.03 of the Revised Code, and every four years	28881
thereafter prior to a recertification under that section, the	28882
administrative director of the agency shall request that the	28883
superintendent of BCII conduct a criminal records check with	28884
respect to the prospective foster caregiver and a criminal records	28885
check with respect to all other persons eighteen years of age or	28886
older who reside with the foster caregiver.	28887

(B)(1) If a person subject to a criminal records check under	28888
division (A)(1) of this section does not present proof that the	28889
person has been a resident of this state for the five-year period	28890
immediately prior to the date upon which the criminal records	28891
check is requested or does not provide evidence that within that	28892
five-year period the superintendent of BCII has requested	28893
information about the person from the federal bureau of	28894
investigation in a criminal records check, the appointing or	28895
hiring officer shall request that the superintendent of BCII	28896
obtain information from the federal bureau of investigation as a	28897
part of the criminal records check, including fingerprint-based	28898
checks of national crime information databases as described in 42	28899
U.S.C. 671. If a person subject to a criminal records check under	28900
division (A)(1) of this section presents proof that the person has	28901
been a resident of this state for that five-year period, the	28902
appointing or hiring officer or attorney may request that the	28903
superintendent of BCII include information from the federal bureau	28904
of investigation in the criminal records check, including	28905
fingerprint-based checks of national crime information databases	28906
as described in 42 U.S.C. 671.	28907

When the administrative director of an agency, or attorney,	28908
who arranges an adoption for a prospective parent requests, at the	28909
time of the initial home study, a criminal records check for a	28910
person pursuant to division (A)(2) of this section, the	28911
administrative director or attorney shall request that the	28912
superintendent of BCII obtain information from the federal bureau	28913
of investigation as part of the criminal records check, including	28914
fingerprint-based checks of national crime information databases	28915
as described in 42 U.S.C. 671, for the person subject to the	28916
criminal records check. In all other cases in which the	28917
administrative director of an agency, or attorney, who arranges an	28918
adoption for a prospective parent requests a criminal records	28919
check for a person pursuant to division (A)(2) of this section,	28920
the administrative director or attorney may request that the	28921
superintendent of BCII include information from the federal bureau	28922
of investigation in the criminal records check, including	28923
fingerprint-based checks of national crime information databases	28924
as described in 42 U.S.C. 671.	28925

When the administrative director of a recommending agency	28926
requests, before submitting a recommendation to the department of	28927
job and family services on whether the department should issue a	28928
certificate to a foster home under section 5103.03 of the Revised	28929
Code, a criminal records check for a person pursuant to division	28930
(A)(3) of this section, the administrative director shall request	28931
that the superintendent of BCII obtain information from the	28932
federal bureau of investigation as part of a criminal records	28933
check, including fingerprint-based checks of national crime	28934
information databases as described in 42 U.S.C. 671, for the	28935
person subject to the criminal records check. In all other cases	28936
in which the administrative director of a recommending agency	28937
requests a criminal records check for a person pursuant to	28938
division (A)(3) of this section, the administrative director may	28939
request that the superintendent of BCII include information from	28940
the federal bureau of investigation in the criminal records check,	28941
including fingerprint-based checks of national crime information	28942
databases as described in 42 U.S.C. 671.	28943

Prior to a hearing on a final decree of adoption or	28944
interlocutory order of adoption by a probate court, the	28945
administrative director of an agency, or an attorney, who arranges	28946
an adoption for a prospective parent shall provide to the clerk of	28947
the probate court either of the following:	28948

(a) Any information received pursuant to a request made under	28949
this division from the superintendent of BCII or the federal	28950
bureau of investigation as part of the criminal records check,	28951
including fingerprint-based checks of national crime information	28952
databases as described in 42 U.S.C. 671, for the person subject to	28953
the criminal records check;	28954

(b) Written notification that the person subject to a	28955
criminal records check pursuant to this division failed upon	28956
request to provide the information necessary to complete the form	28957
or failed to provide impressions of the person's fingerprints as	28958
required under division (B)(2) of this section.	28959

(2) An appointing or hiring officer, administrative director,	28960
or attorney required by division (A) of this section to request a	28961
criminal records check shall provide to each person subject to a	28962
criminal records check a copy of the form prescribed pursuant to	28963
division (C)(1) of section 109.572 of the Revised Code and a	28964
standard impression sheet to obtain fingerprint impressions	28965
prescribed pursuant to division (C)(2) of section 109.572 of the	28966
Revised Code, obtain the completed form and impression sheet from	28967
the person, and forward the completed form and impression sheet to	28968
the superintendent of BCII at the time the criminal records check	28969
is requested.	28970

Any person subject to a criminal records check who receives	28971
pursuant to this division a copy of the form prescribed pursuant	28972
to division (C)(1) of section 109.572 of the Revised Code and a	28973
copy of an impression sheet prescribed pursuant to division (C)(2)	28974
of that section and who is requested to complete the form and	28975
provide a set of fingerprint impressions shall complete the form	28976
or provide all the information necessary to complete the form and	28977
shall provide the impression sheet with the impressions of the	28978
person's fingerprints. If a person subject to a criminal records	28979
check, upon request, fails to provide the information necessary to	28980
complete the form or fails to provide impressions of the person's	28981
fingerprints, the appointing or hiring officer shall not appoint	28982
or employ the person as a person responsible for a child's care in	28983
out-of-home care, a probate court may not issue a final decree of	28984
adoption or an interlocutory order of adoption making the person	28985
an adoptive parent, and the department of job and family services	28986
shall not issue a certificate authorizing the prospective foster	28987
caregiver to operate a foster home.	28988

(C)(1) No appointing or hiring officer shall appoint or	28989
employ a person as a person responsible for a child's care in	28990
out-of-home care, the department of job and family services shall	28991
not issue a certificate under section 5103.03 of the Revised Code	28992
authorizing a prospective foster caregiver to operate a foster	28993
home, and no probate court shall issue a final decree of adoption	28994
or an interlocutory order of adoption making a person an adoptive	28995
parent if the person or, in the case of a prospective foster	28996
caregiver or prospective adoptive parent, any person eighteen	28997
years of age or older who resides with the prospective foster	28998
caregiver or prospective adoptive parent previously has been	28999
convicted of or pleaded guilty to any of the violations described	29000
in division (A)(4) of section 109.572 of the Revised Code, unless	29001
the person meets rehabilitation standards established in rules	29002
adopted under division (F) of this section.	29003

(2) The appointing or hiring officer may appoint or employ a	29004
person as a person responsible for a child's care in out-of-home	29005
care conditionally until the criminal records check required by	29006
this section is completed and the officer receives the results of	29007
the criminal records check. If the results of the criminal records	29008
check indicate that, pursuant to division (C)(1) of this section,	29009
the person subject to the criminal records check does not qualify	29010
for appointment or employment, the officer shall release the	29011
person from appointment or employment.	29012

(3) Prior to certification or recertification under section	29013
5103.03 of the Revised Code, the prospective foster caregiver	29014
subject to a criminal records check under division (A)(3) of this	29015
section shall notify the recommending agency of the revocation of	29016
any foster home license, certificate, or other similar	29017
authorization in another state occurring within the five years	29018
prior to the date of application to become a foster caregiver in	29019
this state. The failure of a prospective foster caregiver to	29020
notify the recommending agency of any revocation of that type in	29021
another state that occurred within that five-year period shall be	29022
grounds for denial of the person's foster home application or the	29023
revocation of the person's foster home certification, whichever is	29024
applicable. If a person has had a revocation in another state	29025
within the five years prior to the date of the application, the	29026
department of job and family services shall not issue a foster	29027
home certificate to the prospective foster caregiver.	29028

(D) The appointing or hiring officer, administrative	29029
director, or attorney shall pay to the bureau of criminal	29030
identification and investigation the fee prescribed pursuant to	29031
division (C)(3) of section 109.572 of the Revised Code for each	29032
criminal records check conducted in accordance with that section	29033
upon a request pursuant to division (A) of this section. The	29034
officer, director, or attorney may charge the person subject to	29035
the criminal records check a fee for the costs the officer,	29036
director, or attorney incurs in obtaining the criminal records	29037
check. A fee charged under this division shall not exceed the	29038
amount of fees the officer, director, or attorney pays for the	29039
criminal records check. If a fee is charged under this division,	29040
the officer, director, or attorney shall notify the person who is	29041
the applicant at the time of the person's initial application for	29042
appointment or employment, an adoption to be arranged, or a	29043
certificate to operate a foster home of the amount of the fee and	29044
that, unless the fee is paid, the person who is the applicant will	29045
not be considered for appointment or employment or as an adoptive	29046
parent or foster caregiver.	29047

(E) The report of any criminal records check conducted by the	29048
bureau of criminal identification and investigation in accordance	29049
with section 109.572 of the Revised Code and pursuant to a request	29050
made under division (A) of this section is not a public record for	29051
the purposes of section 149.43 of the Revised Code and shall not	29052
be made available to any person other than the following:	29053

(1) The person who is the subject of the criminal records	29054
check or the person's representative;	29055

(2) The appointing or hiring officer, administrative	29056
director, or attorney requesting the criminal records check or the	29057
officer's, director's, or attorney's representative;	29058

(3) The department of job and family services, a county	29059
department of job and family services, or a public children	29060
services agency;	29061

(4) Any court, hearing officer, or other necessary individual	29062
involved in a case dealing with the denial of employment, a final	29063
decree of adoption or interlocutory order of adoption, or a foster	29064
home certificate.	29065

(F) The director of job and family services shall adopt rules	29066
in accordance with Chapter 119. of the Revised Code to implement	29067
this section. The rules shall include rehabilitation standards a	29068
person who has been convicted of or pleaded guilty to an offense	29069
listed in division (A)(4) of section 109.572 of the Revised Code	29070
must meet for an appointing or hiring officer to appoint or employ	29071
the person as a person responsible for a child's care in	29072
out-of-home care, a probate court to issue a final decree of	29073
adoption or interlocutory order of adoption making the person an	29074
adoptive parent, or the department to issue a certificate	29075
authorizing the prospective foster caregiver to operate a foster	29076
home or not revoke a foster home certificate for a violation	29077
specified in section 5103.0328 of the Revised Code.	29078

(G) An appointing or hiring officer, administrative director,	29079
or attorney required by division (A) of this section to request a	29080
criminal records check shall inform each person who is the	29081
applicant, at the time of the person's initial application for	29082
appointment or employment, an adoption to be arranged, or a foster	29083
home certificate, that the person subject to the criminal records	29084
check is required to provide a set of impressions of the person's	29085
fingerprints and that a criminal records check is required to be	29086
conducted and satisfactorily completed in accordance with section	29087
109.572 of the Revised Code.	29088

(H) ~~The department of job and family services may waive the~~	29089
~~requirement that a criminal records check based on fingerprints be~~	29090
~~conducted for an adult resident of a prospective adoptive or~~	29091
~~foster home or the home of a foster caregiver if the recommending~~	29092
~~agency documents to the department's satisfaction that the adult~~	29093
~~resident is physically unable to comply with the fingerprinting~~	29094
~~requirement and poses no danger to foster children or adoptive~~	29095
~~children who may be placed in the home. In such cases, the~~	29096
~~recommending or approving agency shall request that the bureau of~~	29097
~~criminal identification and investigation conduct a criminal~~	29098
~~records check using the person's name and social security number.~~	29099

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

29100

(1) "Children's hospital" means any of the following:

29101

(a) A hospital registered under section 3701.07 of the	29102
Revised Code that provides general pediatric medical and surgical	29103
care, and in which at least seventy-five per cent of annual	29104
inpatient discharges for the preceding two calendar years were	29105
individuals less than eighteen years of age;	29106

(b) A distinct portion of a hospital registered under section	29107
3701.07 of the Revised Code that provides general pediatric	29108
medical and surgical care, has a total of at least one hundred	29109
fifty registered pediatric special care and pediatric acute care	29110
beds, and in which at least seventy-five per cent of annual	29111
inpatient discharges for the preceding two calendar years were	29112
individuals less than eighteen years of age;	29113

(c) A distinct portion of a hospital, if the hospital is	29114
registered under section 3701.07 of the Revised Code as a	29115
children's hospital and the children's hospital meets all the	29116
requirements of division ~~(I)~~(H)(1)(a) of this section.	29117

(2) "Criminal records check" has the same meaning as in	29118
section 109.572 of the Revised Code.	29119

(3) "Person responsible for a child's care in out-of-home	29120
care" has the same meaning as in section 2151.011 of the Revised	29121
Code, except that it does not include a prospective employee of	29122
the department of youth services or a person responsible for a	29123
child's care in a hospital or medical clinic other than a	29124
children's hospital.	29125

(4) "Person subject to a criminal records check" means the	29126
following:	29127

(a) A person who is under final consideration for appointment	29128
or employment as a person responsible for a child's care in	29129
out-of-home care;	29130

(b) A prospective adoptive parent;

29131

29132

(d) A person eighteen years old or older who resides with a	29133
prospective foster caregiver or a prospective adoptive parent.	29134

(5) "Recommending agency" means a public children services	29135
agency, private child placing agency, or private noncustodial	29136
agency to which the department of job and family services has	29137
delegated a duty to inspect and approve foster homes.	29138

(6) "Superintendent of BCII" means the superintendent of the	29139
bureau of criminal identification and investigation.	29140

Sec. 2152.54. (A) An evaluation of a child who does not	29141
appear to the court to be a person who is at least moderately	29142
intellectually disabled shall be made by an evaluator who is one	29143
of the following:	29144

(1) A professional employed by a psychiatric facility or	29145
center certified by the department of ~~mental health~~mental health	29146
and addiction services to provide forensic services and appointed	29147
by the director of the facility or center to conduct the	29148
evaluation;	29149

(2) A psychiatrist or a licensed clinical psychologist who	29150
satisfies the criteria of division (I)(1) of section 5122.01 of	29151
the Revised Code and has specialized education, training, or	29152
experience in forensic evaluations of children or adolescents.	29153

(B) An evaluation of a child who appears to the court to be a	29154
person who is at least moderately intellectually disabled shall be	29155
made by a psychiatrist or licensed clinical psychologist who	29156
satisfies the criteria of division (I)(1) of section 5122.01 of	29157
the Revised Code and has specialized education, training, or	29158
experience in forensic evaluations of children or adolescents who	29159
have intellectual disability.	29160

(C) If an evaluation is conducted by an evaluator of the type	29161
described in division (A)(1) or (2) of this section and the	29162
evaluator concludes that the child is a person who is at least	29163
moderately intellectually disabled, the evaluator shall	29164
discontinue the evaluation and notify the court within one	29165
business day after reaching the conclusion. Within two business	29166
days after receiving notification, the court shall order the child	29167
to undergo an evaluation by an evaluator of the type described in	29168
division (B) of this section. Within two business days after the	29169
appointment of the new evaluator, the original evaluator shall	29170
deliver to the new evaluator all information relating to the child	29171
obtained during the original evaluation.	29172

Sec. 2152.59. (A) If after a hearing held pursuant to	29173
section 2152.58 of the Revised Code the court determines that a	29174
child is competent, the court shall proceed with the delinquent	29175
child's proceeding as provided by law. No statement that a child	29176
makes during an evaluation or hearing conducted under sections	29177
2152.51 through 2152.59 of the Revised Code shall be used against	29178
the child on the issue of responsibility or guilt in any child or	29179
adult proceeding.	29180

(B) If after a hearing held pursuant to section 2152.58 of	29181
the Revised Code the court determines that the child is not	29182
competent and cannot attain competency within the period of time	29183
applicable under division (D)(2) of this section, the court shall	29184
dismiss the charges without prejudice, except that the court may	29185
delay dismissal for up to ninety calendar days and do either of	29186
the following:	29187

(1) Refer the matter to a public children services agency and	29188
request that agency determine whether to file an action in	29189
accordance with section 2151.27 of the Revised Code alleging that	29190
the child is a dependent, neglected, or abused child;	29191

(2) Assign court staff to refer the child or the child's	29192
family to the local family and children first council or an agency	29193
funded by the department of ~~mental health~~mental health and	29194
addiction services or department of developmental disabilities or	29195
otherwise secure services to reduce the potential that the child	29196
would engage in behavior that could result in delinquent child or	29197
other criminal charges.	29198

(C) If after a hearing held pursuant to section 2152.58 of	29199
the Revised Code the court determines that a child is not	29200
competent but could likely attain competency by participating in	29201
services specifically designed to help the child develop	29202
competency, the court may order the child to participate in	29203
services specifically designed to help the child develop	29204
competency at county expense. The court shall name a reliable	29205
provider to deliver the competency attainment services and shall	29206
order the child's parent, guardian, or custodian to contact that	29207
provider by a specified date to arrange for services.	29208

(D) The competency attainment services provided to a child	29209
shall be based on a competency attainment plan described in	29210
division (E)(2) of this section and approved by the court.	29211
Services are subject to the following conditions and time periods	29212
measured from the date the court approves the plan:	29213

(1) Services shall be provided in the least restrictive	29214
setting that is consistent with the child's ability to attain	29215
competency and the safety of both the child and the community. If	29216
the child has been released on temporary or interim orders and	29217
refuses or fails to cooperate with the service provider, the court	29218
may reassess the orders and amend them to require a more	29219
appropriate setting.	29220

(2) No child shall be required to participate in competency	29221
attainment services for longer than is required for the child to	29222
attain competency. The following maximum periods of participation	29223
apply:	29224

(a) If a child is ordered to participate in competency	29225
attainment services that are provided outside of a residential	29226
setting, the child shall not participate in those services for a	29227
period exceeding three months if the child is charged with an act	29228
that would be a misdemeanor if committed by an adult, six months	29229
if the child is charged with an act that would be a felony of the	29230
third, fourth, or fifth degree if committed by an adult, or one	29231
year if the child is charged with an act that would be a felony of	29232
the first or second degree, aggravated murder, or murder if	29233
committed by an adult.	29234

(b) If a child is ordered to receive competency attainment	29235
services that are provided in a residential setting that is	29236
operated solely or in part for the purpose of providing competency	29237
attainment services, the child shall not participate in those	29238
services for a period exceeding forty-five calendar days if the	29239
child is charged with an act that would be a misdemeanor if	29240
committed by an adult, three months if the child is charged with	29241
an act that would be a felony of the third, fourth, or fifth	29242
degree if committed by an adult, six months if the child is	29243
charged with an act that would be a felony of the first or second	29244
degree if committed by an adult, or one year if the child is	29245
charged with an act that would be aggravated murder or murder if	29246
committed by an adult.	29247

(c) If a child is ordered into a residential, detention, or	29248
other secured setting for reasons other than to participate in	29249
competency attainment services and is also ordered to participate	29250
in competency attainment services concurrently, the child shall	29251
participate in the competency attainment services for not longer	29252
than the relevant period set forth in division (D)(2)(a) of this	29253
section.	29254

(d) If a child is ordered to participate in competency	29255
attainment services that require the child to live for some but	29256
not all of the duration of the services in a residential setting	29257
that is operated solely or in part for the purpose of providing	29258
competency attainment services, the child shall participate in the	29259
competency attainment services for not longer than the relevant	29260
period set forth in division (D)(2)(b) of this section. For the	29261
purpose of calculating a time period under division (D)(2)(d) of	29262
this section, two days of participation in a nonresidential	29263
setting shall equal one day of participation in a residential	29264
setting.	29265

(3) A child who receives competency attainment services in a	29266
residential setting that is operated solely or partly for the	29267
purpose of providing competency attainment services is in	29268
detention for purposes of section 2921.34 and division (B) of	29269
section 2152.18 of the Revised Code during the time that the child	29270
resides in the residential setting.	29271

(E)(1) Within ten business days after the court names the	29272
provider responsible for the child's competency attainment	29273
services under division (D) of this section, the court shall	29274
deliver to that provider a copy of each competency assessment	29275
report it has received for review. The provider shall return the	29276
copies of the reports to the court upon the termination of the	29277
services.	29278

(2) Not later than thirty calendar days after the child	29279
contacts the competency attainment services provider under	29280
division (C) of this section, the provider shall submit to the	29281
court a plan for the child to attain competency. The court shall	29282
provide copies of the plan to the prosecuting attorney, the	29283
child's attorney, the child's guardian ad litem, if any, and the	29284
child's parents, guardian, or custodian.	29285

(F) The provider that provides the child's competency	29286
attainment services pursuant to the competency attainment plan	29287
shall submit reports to the court on the following schedule:	29288

(1) A report on the child's progress every thirty calendar	29289
days and on the termination of services. The report shall not	29290
include any details of the alleged offense as reported by the	29291
child.	29292

(2) If the provider determines that the child is not	29293
cooperating to a degree that would allow the services to be	29294
effective to help the child attain competency, a report informing	29295
the court of the determination within three business days after	29296
making the determination;	29297

(3) If the provider determines that the current setting is no	29298
longer the least restrictive setting that is consistent with the	29299
child's ability to attain competency and the safety of both the	29300
child and the community, a report informing the court of the	29301
determination within three business days after making the	29302
determination;	29303

(4) If the provider determines that the child has achieved	29304
the goals of the plan and would be able to understand the nature	29305
and objectives of the proceeding against the child and to assist	29306
in the child's defense, with or without reasonable accommodations	29307
to meet the criteria set forth in division (B) of section 2152.56	29308
of the Revised Code, a report informing the court of that	29309
determination within three business days after making the	29310
determination. If the provider believes that accommodations would	29311
be necessary or desirable, the report shall include	29312
recommendations for accommodations.	29313

(5) If the provider determines that the child will not	29314
achieve the goals of the plan within the applicable period of time	29315
under division (D)(2) of this section, a report informing the	29316
court of the determination within three business days after making	29317
the determination. The report shall include recommendations for	29318
services for the child that would support the safety of the child	29319
or the community.	29320

(G) The court shall provide copies of any report made under	29321
division (F) of this section to the prosecuting attorney, the	29322
child's attorney, and the child's guardian ad litem, if any. The	29323
court shall provide copies of any report made under division (F)	29324
of this section to the child's parents, guardian, or custodian	29325
unless the court finds that doing so is not in the best interest	29326
of the child.	29327

(H)(1) Within fifteen business days after receiving a report	29328
under division (F) of this section, the court may hold a hearing	29329
to determine if a new order is necessary. To assist in making a	29330
determination under division (H) of this section, the court may	29331
order a new competency evaluation in accordance with section	29332
2152.53 of the Revised Code. Until a new order is issued or the	29333
required period of participation expires, the child shall continue	29334
to participate in competency attainment services.	29335

(2) If after a hearing held under division (H)(1) of this	29336
section the court determines that the child is not making progress	29337
toward competency or is so uncooperative that attainment services	29338
cannot be effective, the court may order a change in setting or	29339
services that would help the child attain competency within the	29340
relevant period of time under division (D)(2) of this section.	29341

(3) If after a hearing held under division (H)(1) of this	29342
section the court determines that the child has not or will not	29343
attain competency within the relevant period of time under	29344
division (D)(2) of this section, the court shall dismiss the	29345
delinquency complaint without prejudice, except that the court may	29346
delay dismissal for up to ninety calendar days and do either of	29347
the following:	29348

(a) Refer the matter to a public children services agency and	29349
request that agency determine whether to file an action in	29350
accordance with section 2151.27 of the Revised Code alleging that	29351
the child is a dependent, neglected, or abused child;	29352

(b) Assign court staff to refer the child or the child's	29353
family to the local family and children first council or an agency	29354
funded by the department of ~~mental health~~mental health and	29355
addiction services or department of developmental disabilities or	29356
otherwise secure services to reduce the potential that the child	29357
would engage in behavior that could result in delinquency or other	29358
criminal charges.	29359

(4) A dismissal under division (H)(3) of this section does	29360
not preclude a future delinquent child proceeding or criminal	29361
prosecution as provided under section 2151.23 of the Revised Code	29362
if the child eventually attains competency.	29363

(5) If after a hearing held under division (H)(1) of this	29364
section the court determines that the child has attained	29365
competency, the court shall proceed with the delinquent child's	29366
proceeding in accordance with division (A) of this section.	29367

(6) A dismissal under this section does not bar a civil	29368
action based on the acts or omissions that formed the basis of the	29369
complaint.	29370

Sec. 2301.02. The number of judges of the court of common	29371
pleas for each county, the time for the next election of the	29372
judges in the several counties, and the beginning of their terms	29373
shall be as follows:	29374

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	29375
elected in 1956, term to begin February 9, 1957;	29376

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	29377
Ottawa, and Union counties, one judge, to be elected in 1954, term	29378
to begin February 9, 1955;	29379

In Auglaize county, one judge, to be elected in 1956, term to	29380
begin January 9, 1957;	29381

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	29382
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	29383
Wyandot counties, one judge, to be elected in 1956, term to begin	29384
January 1, 1957;	29385

In Morrow county, two judges, one to be elected in 1956, term	29386
to begin January 1, 1957, and one to be elected in 2006, term to	29387
begin January 1, 2007;	29388

In Logan county, two judges, one to be elected in 1956, term	29389
to begin January 1, 1957, and one to be elected in 2004, term to	29390
begin January 2, 2005;	29391

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	29392
Shelby, Van Wert, and Williams counties, one judge, to be elected	29393
in 1952, term to begin January 1, 1953;	29394

In Champaign county, two judges, one to be elected in 1952,	29395
term to begin January 1, 1953, and one to be elected in 2008, term	29396
to begin February 10, 2009.;	29397

In Harrison and Noble counties, one judge, to be elected in	29398
1954, term to begin April 18, 1955;	29399

In Henry county, two judges, one to be elected in 1956, term	29400
to begin May 9, 1957, and one to be elected in 2004, term to begin	29401
January 1, 2005;	29402

In Putnam county, one judge, to be elected in 1956, term to	29403
begin May 9, 1957;	29404

In Huron county, one judge, to be elected in 1952, term to	29405
begin May 14, 1953;	29406

In Perry county, one judge, to be elected in 1954, term to	29407
begin July 6, 1956;	29408

In Sandusky county, two judges, one to be elected in 1954,	29409
term to begin February 10, 1955, and one to be elected in 1978,	29410
term to begin January 1, 1979;.	29411

(B) In Allen county, three judges, one to be elected in 1956,	29412
term to begin February 9, 1957, the second to be elected in 1958,	29413
term to begin January 1, 1959, and the third to be elected in	29414
1992, term to begin January 1, 1993;	29415

In Ashtabula county, three judges, one to be elected in 1954,	29416
term to begin February 9, 1955, one to be elected in 1960, term to	29417
begin January 1, 1961, and one to be elected in 1978, term to	29418
begin January 2, 1979;	29419

In Athens county, two judges, one to be elected in 1954, term	29420
to begin February 9, 1955, and one to be elected in 1990, term to	29421
begin July 1, 1991;	29422

In Erie county, four judges, one to be elected in 1956, term	29423
to begin January 1, 1957, the second to be elected in 1970, term	29424
to begin January 2, 1971, the third to be elected in 2004, term to	29425
begin January 2, 2005, and the fourth to be elected in 2008, term	29426
to begin February 9, 2009;	29427

In Fairfield county, three judges, one to be elected in 1954,	29428
term to begin February 9, 1955, the second to be elected in 1970,	29429
term to begin January 1, 1971, and the third to be elected in	29430
1994, term to begin January 2, 1995;	29431

In Geauga county, two judges, one to be elected in 1956, term	29432
to begin January 1, 1957, and the second to be elected in 1976,	29433
term to begin January 6, 1977;	29434

In Greene county, four judges, one to be elected in 1956,	29435
term to begin February 9, 1957, the second to be elected in 1960,	29436
term to begin January 1, 1961, the third to be elected in 1978,	29437
term to begin January 2, 1979, and the fourth to be elected in	29438
1994, term to begin January 1, 1995;	29439

In Hancock county, two judges, one to be elected in 1952,	29440
term to begin January 1, 1953, and the second to be elected in	29441
1978, term to begin January 1, 1979;	29442

In Lawrence county, two judges, one to be elected in 1954,	29443
term to begin February 9, 1955, and the second to be elected in	29444
1976, term to begin January 1, 1977;	29445

In Marion county, three judges, one to be elected in 1952,	29446
term to begin January 1, 1953, the second to be elected in 1976,	29447
term to begin January 2, 1977, and the third to be elected in	29448
1998, term to begin February 9, 1999;	29449

In Medina county, three judges, one to be elected in 1956,	29450
term to begin January 1, 1957, the second to be elected in 1966,	29451
term to begin January 1, 1967, and the third to be elected in	29452
1994, term to begin January 1, 1995;	29453

In Miami county, two judges, one to be elected in 1954, term	29454
to begin February 9, 1955, and one to be elected in 1970, term to	29455
begin on January 1, 1971;	29456

In Muskingum county, three judges, one to be elected in 1968,	29457
term to begin August 9, 1969, one to be elected in 1978, term to	29458
begin January 1, 1979, and one to be elected in 2002, term to	29459
begin January 2, 2003;	29460

In Portage county, three judges, one to be elected in 1956,	29461
term to begin January 1, 1957, the second to be elected in 1960,	29462
term to begin January 1, 1961, and the third to be elected in	29463
1986, term to begin January 2, 1987;	29464

In Ross county, two judges, one to be elected in 1956, term	29465
to begin February 9, 1957, and the second to be elected in 1976,	29466
term to begin January 1, 1977;	29467

In Scioto county, three judges, one to be elected in 1954,	29468
term to begin February 10, 1955, the second to be elected in 1960,	29469
term to begin January 1, 1961, and the third to be elected in	29470
1994, term to begin January 2, 1995;	29471

In Seneca county, two judges, one to be elected in 1956, term	29472
to begin January 1, 1957, and the second to be elected in 1986,	29473
term to begin January 2, 1987;	29474

In Warren county, four judges, one to be elected in 1954,	29475
term to begin February 9, 1955, the second to be elected in 1970,	29476
term to begin January 1, 1971, the third to be elected in 1986,	29477
term to begin January 1, 1987, and the fourth to be elected in	29478
2004, term to begin January 2, 2005;	29479

In Washington county, two judges, one to be elected in 1952,	29480
term to begin January 1, 1953, and one to be elected in 1986, term	29481
to begin January 1, 1987;	29482

In Wood county, three judges, one to be elected in 1968, term	29483
beginning January 1, 1969, the second to be elected in 1970, term	29484
to begin January 2, 1971, and the third to be elected in 1990,	29485
term to begin January 1, 1991;	29486

In Belmont and Jefferson counties, two judges, to be elected	29487
in 1954, terms to begin January 1, 1955, and February 9, 1955,	29488
respectively;	29489

In Clark county, four judges, one to be elected in 1952, term	29490
to begin January 1, 1953, the second to be elected in 1956, term	29491
to begin January 2, 1957, the third to be elected in 1986, term to	29492
begin January 3, 1987, and the fourth to be elected in 1994, term	29493
to begin January 2, 1995.;	29494

In Clermont county, five judges, one to be elected in 1956,	29495
term to begin January 1, 1957, the second to be elected in 1964,	29496
term to begin January 1, 1965, the third to be elected in 1982,	29497
term to begin January 2, 1983, the fourth to be elected in 1986,	29498
term to begin January 2, 1987;, and the fifth to be elected in	29499
2006, term to begin January 3, 2007;	29500

In Columbiana county, two judges, one to be elected in 1952,	29501
term to begin January 1, 1953, and the second to be elected in	29502
1956, term to begin January 1, 1957;	29503

In Delaware county, two judges, one to be elected in 1990,	29504
term to begin February 9, 1991, the second to be elected in 1994,	29505
term to begin January 1, 1995;	29506

In Lake county, six judges, one to be elected in 1958, term	29507
to begin January 1, 1959, the second to be elected in 1960, term	29508
to begin January 2, 1961, the third to be elected in 1964, term to	29509
begin January 3, 1965, the fourth and fifth to be elected in 1978,	29510
terms to begin January 4, 1979, and January 5, 1979, respectively,	29511
and the sixth to be elected in 2000, term to begin January 6,	29512
2001;	29513

In Licking county, four judges, one to be elected in 1954,	29514
term to begin February 9, 1955, one to be elected in 1964, term to	29515
begin January 1, 1965, one to be elected in 1990, term to begin	29516
January 1, 1991, and one to be elected in 2004, term to begin	29517
January 1, 2005;	29518

In Lorain county, nine judges, two to be elected in 1952,	29519
terms to begin January 1, 1953, and January 2, 1953, respectively,	29520
one to be elected in 1958, term to begin January 3, 1959, one to	29521
be elected in 1968, term to begin January 1, 1969, two to be	29522
elected in 1988, terms to begin January 4, 1989, and January 5,	29523
1989, respectively, two to be elected in 1998, terms to begin	29524
January 2, 1999, and January 3, 1999, respectively; and one to be	29525
elected in 2006, term to begin January 6, 2007;	29526

In Butler county, eleven judges, one to be elected in 1956,	29527
term to begin January 1, 1957; two to be elected in 1954, terms to	29528
begin January 1, 1955, and February 9, 1955, respectively; one to	29529
be elected in 1968, term to begin January 2, 1969; one to be	29530
elected in 1986, term to begin January 3, 1987; two to be elected	29531
in 1988, terms to begin January 1, 1989, and January 2, 1989,	29532
respectively; one to be elected in 1992, term to begin January 4,	29533
1993; two to be elected in 2002, terms to begin January 2, 2003,	29534
and January 3, 2003, respectively; and one to be elected in 2006,	29535
term to begin January 3, 2007;	29536

In Richland county, four judges, one to be elected in 1956,	29537
term to begin January 1, 1957, the second to be elected in 1960,	29538
term to begin February 9, 1961, the third to be elected in 1968,	29539
term to begin January 2, 1969, and the fourth to be elected in	29540
2004, term to begin January 3, 2005;	29541

In Tuscarawas county, two judges, one to be elected in 1956,	29542
term to begin January 1, 1957, and the second to be elected in	29543
1960, term to begin January 2, 1961;	29544

In Wayne county, two judges, one to be elected in 1956, term	29545
beginning January 1, 1957, and one to be elected in 1968, term to	29546
begin January 2, 1969;	29547

In Trumbull county, six judges, one to be elected in 1952,	29548
term to begin January 1, 1953, the second to be elected in 1954,	29549
term to begin January 1, 1955, the third to be elected in 1956,	29550
term to begin January 1, 1957, the fourth to be elected in 1964,	29551
term to begin January 1, 1965, the fifth to be elected in 1976,	29552
term to begin January 2, 1977, and the sixth to be elected in	29553
1994, term to begin January 3, 1995;	29554

(C) In Cuyahoga county, thirty-nine judges; eight to be	29555
elected in 1954, terms to begin on successive days beginning from	29556
January 1, 1955, to January 7, 1955, and February 9, 1955,	29557
respectively; eight to be elected in 1956, terms to begin on	29558
successive days beginning from January 1, 1957, to January 8,	29559
1957; three to be elected in 1952, terms to begin from January 1,	29560
1953, to January 3, 1953; two to be elected in 1960, terms to	29561
begin on January 8, 1961, and January 9, 1961, respectively; two	29562
to be elected in 1964, terms to begin January 4, 1965, and January	29563
5, 1965, respectively; one to be elected in 1966, term to begin on	29564
January 10, 1967; four to be elected in 1968, terms to begin on	29565
successive days beginning from January 9, 1969, to January 12,	29566
1969; two to be elected in 1974, terms to begin on January 18,	29567
1975, and January 19, 1975, respectively; five to be elected in	29568
1976, terms to begin on successive days beginning January 6, 1977,	29569
to January 10, 1977; two to be elected in 1982, terms to begin	29570
January 11, 1983, and January 12, 1983, respectively; and two to	29571
be elected in 1986, terms to begin January 13, 1987, and January	29572
14, 1987, respectively;	29573

In Franklin county, twenty-two judges; two to be elected in	29574
1954, terms to begin January 1, 1955, and February 9, 1955,	29575
respectively; four to be elected in 1956, terms to begin January	29576
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	29577
begin January 1, 1959, to January 4, 1959; three to be elected in	29578
1968, terms to begin January 5, 1969, to January 7, 1969; three to	29579
be elected in 1976, terms to begin on successive days beginning	29580
January 5, 1977, to January 7, 1977; one to be elected in 1982,	29581
term to begin January 8, 1983; one to be elected in 1986, term to	29582
begin January 9, 1987; two to be elected in 1990, terms to begin	29583
July 1, 1991, and July 2, 1991, respectively; one to be elected in	29584
1996, term to begin January 2, 1997; and one to be elected in	29585
2004, term to begin July 1, 2005;	29586

In Hamilton county, twenty-one judges; eight to be elected in	29587
1966, terms to begin January 1, 1967, January 2, 1967, and from	29588
February 9, 1967, to February 14, 1967, respectively; five to be	29589
elected in 1956, terms to begin from January 1, 1957, to January	29590
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	29591
one to be elected in 1974, term to begin January 15, 1975; one to	29592
be elected in 1980, term to begin January 16, 1981; two to be	29593
elected at large in the general election in 1982, terms to begin	29594
April 1, 1983; one to be elected in 1990, term to begin July 1,	29595
1991; and two to be elected in 1996, terms to begin January 3,	29596
1997, and January 4, 1997, respectively;	29597

In Lucas county, fourteen judges; two to be elected in 1954,	29598
terms to begin January 1, 1955, and February 9, 1955,	29599
respectively; two to be elected in 1956, terms to begin January 1,	29600
1957, and October 29, 1957, respectively; two to be elected in	29601
1952, terms to begin January 1, 1953, and January 2, 1953,	29602
respectively; one to be elected in 1964, term to begin January 3,	29603
1965; one to be elected in 1968, term to begin January 4, 1969;	29604
two to be elected in 1976, terms to begin January 4, 1977, and	29605
January 5, 1977, respectively; one to be elected in 1982, term to	29606
begin January 6, 1983; one to be elected in 1988, term to begin	29607
January 7, 1989; one to be elected in 1990, term to begin January	29608
2, 1991; and one to be elected in 1992, term to begin January 2,	29609
1993;	29610

In Mahoning county, seven judges; three to be elected in	29611
1954, terms to begin January 1, 1955, January 2, 1955, and	29612
February 9, 1955, respectively; one to be elected in 1956, term to	29613
begin January 1, 1957; one to be elected in 1952, term to begin	29614
January 1, 1953; one to be elected in 1968, term to begin January	29615
2, 1969; and one to be elected in 1990, term to begin July 1,	29616
1991;	29617

In Montgomery county, fifteen judges; three to be elected in	29618
1954, terms to begin January 1, 1955, January 2, 1955, and January	29619
3, 1955, respectively; four to be elected in 1952, terms to begin	29620
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	29621
respectively; one to be elected in 1964, term to begin January 3,	29622
1965; one to be elected in 1968, term to begin January 3, 1969;	29623
three to be elected in 1976, terms to begin on successive days	29624
beginning January 4, 1977, to January 6, 1977; two to be elected	29625
in 1990, terms to begin July 1, 1991, and July 2, 1991,	29626
respectively; and one to be elected in 1992, term to begin January	29627
1, 1993.;	29628

In Stark county, eight judges; one to be elected in 1958,	29629
term to begin on January 2, 1959; two to be elected in 1954, terms	29630
to begin on January 1, 1955, and February 9, 1955, respectively;	29631
two to be elected in 1952, terms to begin January 1, 1953, and	29632
April 16, 1953, respectively; one to be elected in 1966, term to	29633
begin on January 4, 1967; and two to be elected in 1992, terms to	29634
begin January 1, 1993, and January 2, 1993, respectively;	29635

In Summit county, ~~thirteen~~fourteen judges; four to be	29636
elected in 1954, terms to begin January 1, 1955, January 2, 1955,	29637
January 3, 1955, and February 9, 1955, respectively; three to be	29638
elected in 1958, terms to begin January 1, 1959, January 2, 1959,	29639
and May 17, 1959, respectively; one to be elected in 1966, term to	29640
begin January 4, 1967; one to be elected in 1968, term to begin	29641
January 5, 1969; one to be elected in 1990, term to begin May 1,	29642
1991; one to be elected in 1992, term to begin January 6, 1993;	29643
~~and~~ two to be elected in 2008, terms to begin January 5, 2009, and	29644
January 6, 2009, respectively; and one to be elected in 2014, term	29645
to begin January 1, 2015.	29646

Notwithstanding the foregoing provisions, in any county	29647
having two or more judges of the court of common pleas, in which	29648
more than one-third of the judges plus one were previously elected	29649
at the same election, if the office of one of those judges so	29650
elected becomes vacant more than fifty-six days prior to the	29651
second general election preceding the expiration of that judge's	29652
term, the office that that judge had filled shall be abolished as	29653
of the date of the next general election, and a new office of	29654
judge of the court of common pleas shall be created. The judge who	29655
is to fill that new office shall be elected for a six-year term at	29656
the next general election, and the term of that judge shall	29657
commence on the first day of the year following that general	29658
election, on which day no other judge's term begins, so that the	29659
number of judges that the county shall elect shall not be reduced.	29660

Judges of the probate division of the court of common pleas	29661
are judges of the court of common pleas but shall be elected	29662
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	29663
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	29664
counties in which the judge of the court of common pleas elected	29665
pursuant to this section also shall serve as judge of the probate	29666
division, except in Lorain county in which the judges of the	29667
domestic relations division of the Lorain county court of common	29668
pleas elected pursuant to this section also shall perform the	29669
duties and functions of the judge of the probate division from	29670
February 9, 2009, through September 28, 2009, and except in Morrow	29671
county in which the judges of the court of common pleas elected	29672
pursuant to this section also shall perform the duties and	29673
functions of the judge of the probate division.	29674

Sec. 2301.03. (A) In Franklin county, the judges of the	29675
court of common pleas whose terms begin on January 1, 1953,	29676
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	29677
1997, and successors, shall have the same qualifications, exercise	29678
the same powers and jurisdiction, and receive the same	29679
compensation as other judges of the court of common pleas of	29680
Franklin county and shall be elected and designated as judges of	29681
the court of common pleas, division of domestic relations. They	29682
shall have all the powers relating to juvenile courts, and all	29683
cases under Chapters 2151. and 2152. of the Revised Code, all	29684
parentage proceedings under Chapter 3111. of the Revised Code over	29685
which the juvenile court has jurisdiction, and all divorce,	29686
dissolution of marriage, legal separation, and annulment cases	29687
shall be assigned to them. In addition to the judge's regular	29688
duties, the judge who is senior in point of service shall serve on	29689
the children services board and the county advisory board and	29690
shall be the administrator of the domestic relations division and	29691
its subdivisions and departments.	29692

(B) In Hamilton county:

29693

(1) The judge of the court of common pleas, whose term begins	29694
on January 1, 1957, and successors, and the judge of the court of	29695
common pleas, whose term begins on February 14, 1967, and	29696
successors, shall be the juvenile judges as provided in Chapters	29697
2151. and 2152. of the Revised Code, with the powers and	29698
jurisdiction conferred by those chapters.	29699

(2) The judges of the court of common pleas whose terms begin	29700
on January 5, 1957, January 16, 1981, and July 1, 1991, and	29701
successors, shall be elected and designated as judges of the court	29702
of common pleas, division of domestic relations, and shall have	29703
assigned to them all divorce, dissolution of marriage, legal	29704
separation, and annulment cases coming before the court. On or	29705
after the first day of July and before the first day of August of	29706
1991 and each year thereafter, a majority of the judges of the	29707
division of domestic relations shall elect one of the judges of	29708
the division as administrative judge of that division. If a	29709
majority of the judges of the division of domestic relations are	29710
unable for any reason to elect an administrative judge for the	29711
division before the first day of August, a majority of the judges	29712
of the Hamilton county court of common pleas, as soon as possible	29713
after that date, shall elect one of the judges of the division of	29714
domestic relations as administrative judge of that division. The	29715
term of the administrative judge shall begin on the earlier of the	29716
first day of August of the year in which the administrative judge	29717
is elected or the date on which the administrative judge is	29718
elected by a majority of the judges of the Hamilton county court	29719
of common pleas and shall terminate on the date on which the	29720
administrative judge's successor is elected in the following year.	29721

In addition to the judge's regular duties, the administrative	29722
judge of the division of domestic relations shall be the	29723
administrator of the domestic relations division and its	29724
subdivisions and departments and shall have charge of the	29725
employment, assignment, and supervision of the personnel of the	29726
division engaged in handling, servicing, or investigating divorce,	29727
dissolution of marriage, legal separation, and annulment cases,	29728
including any referees considered necessary by the judges in the	29729
discharge of their various duties.	29730

The administrative judge of the division of domestic	29731
relations also shall designate the title, compensation, expense	29732
allowances, hours, leaves of absence, and vacations of the	29733
personnel of the division, and shall fix the duties of its	29734
personnel. The duties of the personnel, in addition to those	29735
provided for in other sections of the Revised Code, shall include	29736
the handling, servicing, and investigation of divorce, dissolution	29737
of marriage, legal separation, and annulment cases and counseling	29738
and conciliation services that may be made available to persons	29739
requesting them, whether or not the persons are parties to an	29740
action pending in the division.	29741

The board of county commissioners shall appropriate the sum	29742
of money each year as will meet all the administrative expenses of	29743
the division of domestic relations, including reasonable expenses	29744
of the domestic relations judges and the division counselors and	29745
other employees designated to conduct the handling, servicing, and	29746
investigation of divorce, dissolution of marriage, legal	29747
separation, and annulment cases, conciliation and counseling, and	29748
all matters relating to those cases and counseling, and the	29749
expenses involved in the attendance of division personnel at	29750
domestic relations and welfare conferences designated by the	29751
division, and the further sum each year as will provide for the	29752
adequate operation of the division of domestic relations.	29753

The compensation and expenses of all employees and the salary	29754
and expenses of the judges shall be paid by the county treasurer	29755
from the money appropriated for the operation of the division,	29756
upon the warrant of the county auditor, certified to by the	29757
administrative judge of the division of domestic relations.	29758

The summonses, warrants, citations, subpoenas, and other	29759
writs of the division may issue to a bailiff, constable, or staff	29760
investigator of the division or to the sheriff of any county or	29761
any marshal, constable, or police officer, and the provisions of	29762
law relating to the subpoenaing of witnesses in other cases shall	29763
apply insofar as they are applicable. When a summons, warrant,	29764
citation, subpoena, or other writ is issued to an officer, other	29765
than a bailiff, constable, or staff investigator of the division,	29766
the expense of serving it shall be assessed as a part of the costs	29767
in the case involved.	29768

(3) The judge of the court of common pleas of Hamilton county	29769
whose term begins on January 3, 1997, and the successors to that	29770
judge shall each be elected and designated as the drug court judge	29771
of the court of common pleas of Hamilton county. The drug court	29772
judge may accept or reject any case referred to the drug court	29773
judge under division (B)(3) of this section. After the drug court	29774
judge accepts a referred case, the drug court judge has full	29775
authority over the case, including the authority to conduct	29776
arraignment, accept pleas, enter findings and dispositions,	29777
conduct trials, order treatment, and if treatment is not	29778
successfully completed pronounce and enter sentence.	29779

A judge of the general division of the court of common pleas	29780
of Hamilton county and a judge of the Hamilton county municipal	29781
court may refer to the drug court judge any case, and any	29782
companion cases, the judge determines meet the criteria described	29783
under divisions (B)(3)(a) and (b) of this section. If the drug	29784
court judge accepts referral of a referred case, the case, and any	29785
companion cases, shall be transferred to the drug court judge. A	29786
judge may refer a case meeting the criteria described in divisions	29787
(B)(3)(a) and (b) of this section that involves a violation of a	29788
condition of a community control sanction to the drug court judge,	29789
and, if the drug court judge accepts the referral, the referring	29790
judge and the drug court judge have concurrent jurisdiction over	29791
the case.	29792

A judge of the general division of the court of common pleas	29793
of Hamilton county and a judge of the Hamilton county municipal	29794
court may refer a case to the drug court judge under division	29795
(B)(3) of this section if the judge determines that both of the	29796
following apply:	29797

(a) One of the following applies:

29798

(i) The case involves a drug abuse offense, as defined in	29799
section 2925.01 of the Revised Code, that is a felony of the third	29800
or fourth degree if the offense is committed prior to July 1,	29801
1996, a felony of the third, fourth, or fifth degree if the	29802
offense is committed on or after July 1, 1996, or a misdemeanor.	29803

(ii) The case involves a theft offense, as defined in section	29804
2913.01 of the Revised Code, that is a felony of the third or	29805
fourth degree if the offense is committed prior to July 1, 1996, a	29806
felony of the third, fourth, or fifth degree if the offense is	29807
committed on or after July 1, 1996, or a misdemeanor, and the	29808
defendant is drug or alcohol dependent or in danger of becoming	29809
drug or alcohol dependent and would benefit from treatment.	29810

(b) All of the following apply:

29811

(i) The case involves an offense for which a community	29812
control sanction may be imposed or is a case in which a mandatory	29813
prison term or a mandatory jail term is not required to be	29814
imposed.	29815

(ii) The defendant has no history of violent behavior.

29816

(iii) The defendant has no history of mental illness.

29817

(iv) The defendant's current or past behavior, or both, is	29818
drug or alcohol driven.	29819

(v) The defendant demonstrates a sincere willingness to	29820
participate in a fifteen-month treatment process.	29821

(vi) The defendant has no acute health condition.

29822

(vii) If the defendant is incarcerated, the county prosecutor	29823
approves of the referral.	29824

(4) If the administrative judge of the court of common pleas	29825
of Hamilton county determines that the volume of cases pending	29826
before the drug court judge does not constitute a sufficient	29827
caseload for the drug court judge, the administrative judge, in	29828
accordance with the Rules of Superintendence for Courts of Common	29829
Pleas, shall assign individual cases to the drug court judge from	29830
the general docket of the court. If the assignments so occur, the	29831
administrative judge shall cease the assignments when the	29832
administrative judge determines that the volume of cases pending	29833
before the drug court judge constitutes a sufficient caseload for	29834
the drug court judge.	29835

(5) As used in division (B) of this section, "community	29836
control sanction," "mandatory prison term," and "mandatory jail	29837
term" have the same meanings as in section 2929.01 of the Revised	29838
Code.	29839

(C)(1) In Lorain county:

29840

(a) The judges of the court of common pleas whose terms begin	29841
on January 3, 1959, January 4, 1989, and January 2, 1999, and	29842
successors, and the judge of the court of common pleas whose term	29843
begins on February 9, 2009, shall have the same qualifications,	29844
exercise the same powers and jurisdiction, and receive the same	29845
compensation as the other judges of the court of common pleas of	29846
Lorain county and shall be elected and designated as the judges of	29847
the court of common pleas, division of domestic relations. The	29848
judges of the court of common pleas whose terms begin on January	29849
3, 1959, January 4, 1989, and January 2, 1999, and successors,	29850
shall have all of the powers relating to juvenile courts, and all	29851
cases under Chapters 2151. and 2152. of the Revised Code, all	29852
parentage proceedings over which the juvenile court has	29853
jurisdiction, and all divorce, dissolution of marriage, legal	29854
separation, and annulment cases shall be assigned to them, except	29855
cases that for some special reason are assigned to some other	29856
judge of the court of common pleas. From February 9, 2009, through	29857
September 28, 2009, the judge of the court of common pleas whose	29858
term begins on February 9, 2009, shall have all the powers	29859
relating to juvenile courts, and cases under Chapters 2151. and	29860
2152. of the Revised Code, parentage proceedings over which the	29861
juvenile court has jurisdiction, and divorce, dissolution of	29862
marriage, legal separation, and annulment cases shall be assigned	29863
to that judge, except cases that for some special reason are	29864
assigned to some other judge of the court of common pleas.	29865

(b) From January 1, 2006, through September 28, 2009, the	29866
judges of the court of common pleas, division of domestic	29867
relations, in addition to the powers and jurisdiction set forth in	29868
division (C)(1)(a) of this section, shall have jurisdiction over	29869
matters that are within the jurisdiction of the probate court	29870
under Chapter 2101. and other provisions of the Revised Code.	29871

(c) The judge of the court of common pleas, division of	29872
domestic relations, whose term begins on February 9, 2009, is the	29873
successor to the probate judge who was elected in 2002 for a term	29874
that began on February 9, 2003. After September 28, 2009, the	29875
judge of the court of common pleas, division of domestic	29876
relations, whose term begins on February 9, 2009, shall be the	29877
probate judge.	29878

(2)(a) From February 9, 2009, through September 28, 2009,	29879
with respect to Lorain county, all references in law to the	29880
probate court shall be construed as references to the court of	29881
common pleas, division of domestic relations, and all references	29882
to the probate judge shall be construed as references to the	29883
judges of the court of common pleas, division of domestic	29884
relations.	29885

(b) From February 9, 2009, through September 28, 2009, with	29886
respect to Lorain county, all references in law to the clerk of	29887
the probate court shall be construed as references to the judge	29888
who is serving pursuant to Rule 4 of the Rules of Superintendence	29889
for the Courts of Ohio as the administrative judge of the court of	29890
common pleas, division of domestic relations.	29891

(D) In Lucas county:

29892

(1) The judges of the court of common pleas whose terms begin	29893
on January 1, 1955, and January 3, 1965, and successors, shall	29894
have the same qualifications, exercise the same powers and	29895
jurisdiction, and receive the same compensation as other judges of	29896
the court of common pleas of Lucas county and shall be elected and	29897
designated as judges of the court of common pleas, division of	29898
domestic relations. All divorce, dissolution of marriage, legal	29899
separation, and annulment cases shall be assigned to them.	29900

The judge of the division of domestic relations, senior in	29901
point of service, shall be considered as the presiding judge of	29902
the court of common pleas, division of domestic relations, and	29903
shall be charged exclusively with the assignment and division of	29904
the work of the division and the employment and supervision of all	29905
other personnel of the domestic relations division.	29906

(2) The judges of the court of common pleas whose terms begin	29907
on January 5, 1977, and January 2, 1991, and successors shall have	29908
the same qualifications, exercise the same powers and	29909
jurisdiction, and receive the same compensation as other judges of	29910
the court of common pleas of Lucas county, shall be elected and	29911
designated as judges of the court of common pleas, juvenile	29912
division, and shall be the juvenile judges as provided in Chapters	29913
2151. and 2152. of the Revised Code with the powers and	29914
jurisdictions conferred by those chapters. In addition to the	29915
judge's regular duties, the judge of the court of common pleas,	29916
juvenile division, senior in point of service, shall be the	29917
administrator of the juvenile division and its subdivisions and	29918
departments and shall have charge of the employment, assignment,	29919
and supervision of the personnel of the division engaged in	29920
handling, servicing, or investigating juvenile cases, including	29921
any referees considered necessary by the judges of the division in	29922
the discharge of their various duties.	29923

The judge of the court of common pleas, juvenile division,	29924
senior in point of service, also shall designate the title,	29925
compensation, expense allowance, hours, leaves of absence, and	29926
vacation of the personnel of the division and shall fix the duties	29927
of the personnel of the division. The duties of the personnel, in	29928
addition to other statutory duties include the handling,	29929
servicing, and investigation of juvenile cases and counseling and	29930
conciliation services that may be made available to persons	29931
requesting them, whether or not the persons are parties to an	29932
action pending in the division.	29933

(3) If one of the judges of the court of common pleas,	29934
division of domestic relations, or one of the judges of the	29935
juvenile division is sick, absent, or unable to perform that	29936
judge's judicial duties or the volume of cases pending in that	29937
judge's division necessitates it, the duties shall be performed by	29938
the judges of the other of those divisions.	29939

(E) In Mahoning county:

29940

(1) The judge of the court of common pleas whose term began	29941
on January 1, 1955, and successors, shall have the same	29942
qualifications, exercise the same powers and jurisdiction, and	29943
receive the same compensation as other judges of the court of	29944
common pleas of Mahoning county, shall be elected and designated	29945
as judge of the court of common pleas, division of domestic	29946
relations, and shall be assigned all the divorce, dissolution of	29947
marriage, legal separation, and annulment cases coming before the	29948
court. In addition to the judge's regular duties, the judge of the	29949
court of common pleas, division of domestic relations, shall be	29950
the administrator of the domestic relations division and its	29951
subdivisions and departments and shall have charge of the	29952
employment, assignment, and supervision of the personnel of the	29953
division engaged in handling, servicing, or investigating divorce,	29954
dissolution of marriage, legal separation, and annulment cases,	29955
including any referees considered necessary in the discharge of	29956
the various duties of the judge's office.	29957

The judge also shall designate the title, compensation,	29958
expense allowances, hours, leaves of absence, and vacations of the	29959
personnel of the division and shall fix the duties of the	29960
personnel of the division. The duties of the personnel, in	29961
addition to other statutory duties, include the handling,	29962
servicing, and investigation of divorce, dissolution of marriage,	29963
legal separation, and annulment cases and counseling and	29964
conciliation services that may be made available to persons	29965
requesting them, whether or not the persons are parties to an	29966
action pending in the division.	29967

(2) The judge of the court of common pleas whose term began	29968
on January 2, 1969, and successors, shall have the same	29969
qualifications, exercise the same powers and jurisdiction, and	29970
receive the same compensation as other judges of the court of	29971
common pleas of Mahoning county, shall be elected and designated	29972
as judge of the court of common pleas, juvenile division, and	29973
shall be the juvenile judge as provided in Chapters 2151. and	29974
2152. of the Revised Code, with the powers and jurisdictions	29975
conferred by those chapters. In addition to the judge's regular	29976
duties, the judge of the court of common pleas, juvenile division,	29977
shall be the administrator of the juvenile division and its	29978
subdivisions and departments and shall have charge of the	29979
employment, assignment, and supervision of the personnel of the	29980
division engaged in handling, servicing, or investigating juvenile	29981
cases, including any referees considered necessary by the judge in	29982
the discharge of the judge's various duties.	29983

The judge also shall designate the title, compensation,	29984
expense allowances, hours, leaves of absence, and vacation of the	29985
personnel of the division and shall fix the duties of the	29986
personnel of the division. The duties of the personnel, in	29987
addition to other statutory duties, include the handling,	29988
servicing, and investigation of juvenile cases and counseling and	29989
conciliation services that may be made available to persons	29990
requesting them, whether or not the persons are parties to an	29991
action pending in the division.	29992

(3) If a judge of the court of common pleas, division of	29993
domestic relations or juvenile division, is sick, absent, or	29994
unable to perform that judge's judicial duties, or the volume of	29995
cases pending in that judge's division necessitates it, that	29996
judge's duties shall be performed by another judge of the court of	29997
common pleas.	29998

(F) In Montgomery county:

29999

(1) The judges of the court of common pleas whose terms begin	30000
on January 2, 1953, and January 4, 1977, and successors, shall	30001
have the same qualifications, exercise the same powers and	30002
jurisdiction, and receive the same compensation as other judges of	30003
the court of common pleas of Montgomery county and shall be	30004
elected and designated as judges of the court of common pleas,	30005
division of domestic relations. These judges shall have assigned	30006
to them all divorce, dissolution of marriage, legal separation,	30007
and annulment cases.	30008

The judge of the division of domestic relations, senior in	30009
point of service, shall be charged exclusively with the assignment	30010
and division of the work of the division and shall have charge of	30011
the employment and supervision of the personnel of the division	30012
engaged in handling, servicing, or investigating divorce,	30013
dissolution of marriage, legal separation, and annulment cases,	30014
including any necessary referees, except those employees who may	30015
be appointed by the judge, junior in point of service, under this	30016
section and sections 2301.12 and 2301.18 of the Revised Code. The	30017
judge of the division of domestic relations, senior in point of	30018
service, also shall designate the title, compensation, expense	30019
allowances, hours, leaves of absence, and vacation of the	30020
personnel of the division and shall fix their duties.	30021

(2) The judges of the court of common pleas whose terms begin	30022
on January 1, 1953, and January 1, 1993, and successors, shall	30023
have the same qualifications, exercise the same powers and	30024
jurisdiction, and receive the same compensation as other judges of	30025
the court of common pleas of Montgomery county, shall be elected	30026
and designated as judges of the court of common pleas, juvenile	30027
division, and shall be, and have the powers and jurisdiction of,	30028
the juvenile judge as provided in Chapters 2151. and 2152. of the	30029
Revised Code.	30030

In addition to the judge's regular duties, the judge of the	30031
court of common pleas, juvenile division, senior in point of	30032
service, shall be the administrator of the juvenile division and	30033
its subdivisions and departments and shall have charge of the	30034
employment, assignment, and supervision of the personnel of the	30035
juvenile division, including any necessary referees, who are	30036
engaged in handling, servicing, or investigating juvenile cases.	30037
The judge, senior in point of service, also shall designate the	30038
title, compensation, expense allowances, hours, leaves of absence,	30039
and vacation of the personnel of the division and shall fix their	30040
duties. The duties of the personnel, in addition to other	30041
statutory duties, shall include the handling, servicing, and	30042
investigation of juvenile cases and of any counseling and	30043
conciliation services that are available upon request to persons,	30044
whether or not they are parties to an action pending in the	30045
division.	30046

If one of the judges of the court of common pleas, division	30047
of domestic relations, or one of the judges of the court of common	30048
pleas, juvenile division, is sick, absent, or unable to perform	30049
that judge's duties or the volume of cases pending in that judge's	30050
division necessitates it, the duties of that judge may be	30051
performed by the judge or judges of the other of those divisions.	30052

(G) In Richland county:

30053

(1) The judge of the court of common pleas whose term begins	30054
on January 1, 1957, and successors, shall have the same	30055
qualifications, exercise the same powers and jurisdiction, and	30056
receive the same compensation as the other judges of the court of	30057
common pleas of Richland county and shall be elected and	30058
designated as judge of the court of common pleas, division of	30059
domestic relations. That judge shall be assigned and hear all	30060
divorce, dissolution of marriage, legal separation, and annulment	30061
cases, all domestic violence cases arising under section 3113.31	30062
of the Revised Code, and all post-decree proceedings arising from	30063
any case pertaining to any of those matters. The division of	30064
domestic relations has concurrent jurisdiction with the juvenile	30065
division of the court of common pleas of Richland county to	30066
determine the care, custody, or control of any child not a ward of	30067
another court of this state, and to hear and determine a request	30068
for an order for the support of any child if the request is not	30069
ancillary to an action for divorce, dissolution of marriage,	30070
annulment, or legal separation, a criminal or civil action	30071
involving an allegation of domestic violence, or an action for	30072
support brought under Chapter 3115. of the Revised Code. Except in	30073
cases that are subject to the exclusive original jurisdiction of	30074
the juvenile court, the judge of the division of domestic	30075
relations shall be assigned and hear all cases pertaining to	30076
paternity or parentage, the care, custody, or control of children,	30077
parenting time or visitation, child support, or the allocation of	30078
parental rights and responsibilities for the care of children, all	30079
proceedings arising under Chapter 3111. of the Revised Code, all	30080
proceedings arising under the uniform interstate family support	30081
act contained in Chapter 3115. of the Revised Code, and all	30082
post-decree proceedings arising from any case pertaining to any of	30083
those matters.	30084

In addition to the judge's regular duties, the judge of the	30085
court of common pleas, division of domestic relations, shall be	30086
the administrator of the domestic relations division and its	30087
subdivisions and departments. The judge shall have charge of the	30088
employment, assignment, and supervision of the personnel of the	30089
domestic relations division, including any magistrates the judge	30090
considers necessary for the discharge of the judge's duties. The	30091
judge shall also designate the title, compensation, expense	30092
allowances, hours, leaves of absence, vacation, and other	30093
employment-related matters of the personnel of the division and	30094
shall fix their duties.	30095

(2) The judge of the court of common pleas whose term begins	30096
on January 3, 2005, and successors, shall have the same	30097
qualifications, exercise the same powers and jurisdiction, and	30098
receive the same compensation as other judges of the court of	30099
common pleas of Richland county, shall be elected and designated	30100
as judge of the court of common pleas, juvenile division, and	30101
shall be, and have the powers and jurisdiction of, the juvenile	30102
judge as provided in Chapters 2151. and 2152. of the Revised Code.	30103
Except in cases that are subject to the exclusive original	30104
jurisdiction of the juvenile court, the judge of the juvenile	30105
division shall not have jurisdiction or the power to hear, and	30106
shall not be assigned, any case pertaining to paternity or	30107
parentage, the care, custody, or control of children, parenting	30108
time or visitation, child support, or the allocation of parental	30109
rights and responsibilities for the care of children or any	30110
post-decree proceeding arising from any case pertaining to any of	30111
those matters. The judge of the juvenile division shall not have	30112
jurisdiction or the power to hear, and shall not be assigned, any	30113
proceeding under the uniform interstate family support act	30114
contained in Chapter 3115. of the Revised Code.	30115

In addition to the judge's regular duties, the judge of the	30116
juvenile division shall be the administrator of the juvenile	30117
division and its subdivisions and departments. The judge shall	30118
have charge of the employment, assignment, and supervision of the	30119
personnel of the juvenile division who are engaged in handling,	30120
servicing, or investigating juvenile cases, including any	30121
magistrates whom the judge considers necessary for the discharge	30122
of the judge's various duties.	30123

The judge of the juvenile division also shall designate the	30124
title, compensation, expense allowances, hours, leaves of absence,	30125
and vacation of the personnel of the division and shall fix their	30126
duties. The duties of the personnel, in addition to other	30127
statutory duties, include the handling, servicing, and	30128
investigation of juvenile cases and providing any counseling,	30129
conciliation, and mediation services that the court makes	30130
available to persons, whether or not the persons are parties to an	30131
action pending in the court, who request the services.	30132

(H) In Stark county, the judges of the court of common pleas	30133
whose terms begin on January 1, 1953, January 2, 1959, and January	30134
1, 1993, and successors, shall have the same qualifications,	30135
exercise the same powers and jurisdiction, and receive the same	30136
compensation as other judges of the court of common pleas of Stark	30137
county and shall be elected and designated as judges of the court	30138
of common pleas, division of domestic relations. They shall have	30139
all the powers relating to juvenile courts, and all cases under	30140
Chapters 2151. and 2152. of the Revised Code, all parentage	30141
proceedings over which the juvenile court has jurisdiction, and	30142
all divorce, dissolution of marriage, legal separation, and	30143
annulment cases, except cases that are assigned to some other	30144
judge of the court of common pleas for some special reason, shall	30145
be assigned to the judges.	30146

The judge of the division of domestic relations, second most	30147
senior in point of service, shall have charge of the employment	30148
and supervision of the personnel of the division engaged in	30149
handling, servicing, or investigating divorce, dissolution of	30150
marriage, legal separation, and annulment cases, and necessary	30151
referees required for the judge's respective court.	30152

The judge of the division of domestic relations, senior in	30153
point of service, shall be charged exclusively with the	30154
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	30155
of the Revised Code and with the assignment and division of the	30156
work of the division and the employment and supervision of all	30157
other personnel of the division, including, but not limited to,	30158
that judge's necessary referees, but excepting those employees who	30159
may be appointed by the judge second most senior in point of	30160
service. The senior judge further shall serve in every other	30161
position in which the statutes permit or require a juvenile judge	30162
to serve.	30163

(I) In Summit county:

30164

(1) The judges of the court of common pleas whose terms begin	30165
on January 4, 1967, and January 6, 1993, and successors, shall	30166
have the same qualifications, exercise the same powers and	30167
jurisdiction, and receive the same compensation as other judges of	30168
the court of common pleas of Summit county and shall be elected	30169
and designated as judges of the court of common pleas, division of	30170
domestic relations. The judges of the division of domestic	30171
relations shall have assigned to them and hear all divorce,	30172
dissolution of marriage, legal separation, and annulment cases	30173
that come before the court. Except in cases that are subject to	30174
the exclusive original jurisdiction of the juvenile court, the	30175
judges of the division of domestic relations shall have assigned	30176
to them and hear all cases pertaining to paternity, custody,	30177
visitation, child support, or the allocation of parental rights	30178
and responsibilities for the care of children and all post-decree	30179
proceedings arising from any case pertaining to any of those	30180
matters. The judges of the division of domestic relations shall	30181
have assigned to them and hear all proceedings under the uniform	30182
interstate family support act contained in Chapter 3115. of the	30183
Revised Code.	30184

The judge of the division of domestic relations, senior in	30185
point of service, shall be the administrator of the domestic	30186
relations division and its subdivisions and departments and shall	30187
have charge of the employment, assignment, and supervision of the	30188
personnel of the division, including any necessary referees, who	30189
are engaged in handling, servicing, or investigating divorce,	30190
dissolution of marriage, legal separation, and annulment cases.	30191
That judge also shall designate the title, compensation, expense	30192
allowances, hours, leaves of absence, and vacations of the	30193
personnel of the division and shall fix their duties. The duties	30194
of the personnel, in addition to other statutory duties, shall	30195
include the handling, servicing, and investigation of divorce,	30196
dissolution of marriage, legal separation, and annulment cases and	30197
of any counseling and conciliation services that are available	30198
upon request to all persons, whether or not they are parties to an	30199
action pending in the division.	30200

(2) The ~~judge~~judges of the court of common pleas whose ~~term~~	30201
~~begins~~terms begin on January 1, 1955, and January 1, 2015, and	30202
successors, shall have the same qualifications, exercise the same	30203
powers and jurisdiction, and receive the same compensation as	30204
other judges of the court of common pleas of Summit county, shall	30205
be elected and designated as ~~judge~~judges of the court of common	30206
pleas, juvenile division, and shall be, and have the powers and	30207
jurisdiction of, the juvenile ~~judge~~judges as provided in Chapters	30208
2151. and 2152. of the Revised Code. Except in cases that are	30209
subject to the exclusive original jurisdiction of the juvenile	30210
court, the ~~judge~~judges of the juvenile division shall not have	30211
jurisdiction or the power to hear, and shall not be assigned, any	30212
case pertaining to paternity, custody, visitation, child support,	30213
or the allocation of parental rights and responsibilities for the	30214
care of children or any post-decree proceeding arising from any	30215
case pertaining to any of those matters. The ~~judge~~judges of the	30216
juvenile division shall not have jurisdiction or the power to	30217
hear, and shall not be assigned, any proceeding under the uniform	30218
interstate family support act contained in Chapter 3115. of the	30219
Revised Code.	30220

The juvenile judge, senior in point of service, shall be the	30221
administrator of the juvenile division and its subdivisions and	30222
departments and shall have charge of the employment, assignment,	30223
and supervision of the personnel of the juvenile division,	30224
including any necessary referees, who are engaged in handling,	30225
servicing, or investigating juvenile cases. The judge senior in	30226
point of service also shall designate the title, compensation,	30227
expense allowances, hours, leaves of absence, and vacation of the	30228
personnel of the division and shall fix their duties. The duties	30229
of the personnel, in addition to other statutory duties, shall	30230
include the handling, servicing, and investigation of juvenile	30231
cases and of any counseling and conciliation services that are	30232
available upon request to persons, whether or not they are parties	30233
to an action pending in the division.	30234

(J) In Trumbull county, the judges of the court of common	30235
pleas whose terms begin on January 1, 1953, and January 2, 1977,	30236
and successors, shall have the same qualifications, exercise the	30237
same powers and jurisdiction, and receive the same compensation as	30238
other judges of the court of common pleas of Trumbull county and	30239
shall be elected and designated as judges of the court of common	30240
pleas, division of domestic relations. They shall have all the	30241
powers relating to juvenile courts, and all cases under Chapters	30242
2151. and 2152. of the Revised Code, all parentage proceedings	30243
over which the juvenile court has jurisdiction, and all divorce,	30244
dissolution of marriage, legal separation, and annulment cases	30245
shall be assigned to them, except cases that for some special	30246
reason are assigned to some other judge of the court of common	30247
pleas.	30248

(K) In Butler county:

30249

(1) The judges of the court of common pleas whose terms begin	30250
on January 1, 1957, and January 4, 1993, and successors, shall	30251
have the same qualifications, exercise the same powers and	30252
jurisdiction, and receive the same compensation as other judges of	30253
the court of common pleas of Butler county and shall be elected	30254
and designated as judges of the court of common pleas, division of	30255
domestic relations. The judges of the division of domestic	30256
relations shall have assigned to them all divorce, dissolution of	30257
marriage, legal separation, and annulment cases coming before the	30258
court, except in cases that for some special reason are assigned	30259
to some other judge of the court of common pleas. The judges of	30260
the division of domestic relations also have concurrent	30261
jurisdiction with judges of the juvenile division of the court of	30262
common pleas of Butler county with respect to and may hear cases	30263
to determine the custody, support, or custody and support of a	30264
child who is born of issue of a marriage and who is not the ward	30265
of another court of this state, cases commenced by a party of the	30266
marriage to obtain an order requiring support of any child when	30267
the request for that order is not ancillary to an action for	30268
divorce, dissolution of marriage, annulment, or legal separation,	30269
a criminal or civil action involving an allegation of domestic	30270
violence, an action for support under Chapter 3115. of the Revised	30271
Code, or an action that is within the exclusive original	30272
jurisdiction of the juvenile division of the court of common pleas	30273
of Butler county and that involves an allegation that the child is	30274
an abused, neglected, or dependent child, and post-decree	30275
proceedings and matters arising from those types of cases. The	30276
judge senior in point of service shall be charged with the	30277
assignment and division of the work of the division and with the	30278
employment and supervision of all other personnel of the domestic	30279
relations division.	30280

The judge senior in point of service also shall designate the	30281
title, compensation, expense allowances, hours, leaves of absence,	30282
and vacations of the personnel of the division and shall fix their	30283
duties. The duties of the personnel, in addition to other	30284
statutory duties, shall include the handling, servicing, and	30285
investigation of divorce, dissolution of marriage, legal	30286
separation, and annulment cases and providing any counseling and	30287
conciliation services that the division makes available to	30288
persons, whether or not the persons are parties to an action	30289
pending in the division, who request the services.	30290

(2) The judges of the court of common pleas whose terms begin	30291
on January 3, 1987, and January 2, 2003, and successors, shall	30292
have the same qualifications, exercise the same powers and	30293
jurisdiction, and receive the same compensation as other judges of	30294
the court of common pleas of Butler county, shall be elected and	30295
designated as judges of the court of common pleas, juvenile	30296
division, and shall be the juvenile judges as provided in Chapters	30297
2151. and 2152. of the Revised Code, with the powers and	30298
jurisdictions conferred by those chapters. Except in cases that	30299
are subject to the exclusive original jurisdiction of the juvenile	30300
court, the judges of the juvenile division shall not have	30301
jurisdiction or the power to hear and shall not be assigned, but	30302
shall have the limited ability and authority to certify, any case	30303
commenced by a party of a marriage to determine the custody,	30304
support, or custody and support of a child who is born of issue of	30305
the marriage and who is not the ward of another court of this	30306
state when the request for the order in the case is not ancillary	30307
to an action for divorce, dissolution of marriage, annulment, or	30308
legal separation. The judge of the court of common pleas, juvenile	30309
division, who is senior in point of service, shall be the	30310
administrator of the juvenile division and its subdivisions and	30311
departments. The judge, senior in point of service, shall have	30312
charge of the employment, assignment, and supervision of the	30313
personnel of the juvenile division who are engaged in handling,	30314
servicing, or investigating juvenile cases, including any referees	30315
whom the judge considers necessary for the discharge of the	30316
judge's various duties.	30317

The judge, senior in point of service, also shall designate	30318
the title, compensation, expense allowances, hours, leaves of	30319
absence, and vacation of the personnel of the division and shall	30320
fix their duties. The duties of the personnel, in addition to	30321
other statutory duties, include the handling, servicing, and	30322
investigation of juvenile cases and providing any counseling and	30323
conciliation services that the division makes available to	30324
persons, whether or not the persons are parties to an action	30325
pending in the division, who request the services.	30326

(3) If a judge of the court of common pleas, division of	30327
domestic relations or juvenile division, is sick, absent, or	30328
unable to perform that judge's judicial duties or the volume of	30329
cases pending in the judge's division necessitates it, the duties	30330
of that judge shall be performed by the other judges of the	30331
domestic relations and juvenile divisions.	30332

(L)(1) In Cuyahoga county, the judges of the court of common	30333
pleas whose terms begin on January 8, 1961, January 9, 1961,	30334
January 18, 1975, January 19, 1975, and January 13, 1987, and	30335
successors, shall have the same qualifications, exercise the same	30336
powers and jurisdiction, and receive the same compensation as	30337
other judges of the court of common pleas of Cuyahoga county and	30338
shall be elected and designated as judges of the court of common	30339
pleas, division of domestic relations. They shall have all the	30340
powers relating to all divorce, dissolution of marriage, legal	30341
separation, and annulment cases, except in cases that are assigned	30342
to some other judge of the court of common pleas for some special	30343
reason.	30344

(2) The administrative judge is administrator of the domestic	30345
relations division and its subdivisions and departments and has	30346
the following powers concerning division personnel:	30347

(a) Full charge of the employment, assignment, and	30348
supervision;	30349

(b) Sole determination of compensation, duties, expenses,	30350
allowances, hours, leaves, and vacations.	30351

(3) "Division personnel" include persons employed or referees	30352
engaged in hearing, servicing, investigating, counseling, or	30353
conciliating divorce, dissolution of marriage, legal separation	30354
and annulment matters.	30355

(M) In Lake county:

30356

(1) The judge of the court of common pleas whose term begins	30357
on January 2, 1961, and successors, shall have the same	30358
qualifications, exercise the same powers and jurisdiction, and	30359
receive the same compensation as the other judges of the court of	30360
common pleas of Lake county and shall be elected and designated as	30361
judge of the court of common pleas, division of domestic	30362
relations. The judge shall be assigned all the divorce,	30363
dissolution of marriage, legal separation, and annulment cases	30364
coming before the court, except in cases that for some special	30365
reason are assigned to some other judge of the court of common	30366
pleas. The judge shall be charged with the assignment and division	30367
of the work of the division and with the employment and	30368
supervision of all other personnel of the domestic relations	30369
division.	30370

The judge also shall designate the title, compensation,	30371
expense allowances, hours, leaves of absence, and vacations of the	30372
personnel of the division and shall fix their duties. The duties	30373
of the personnel, in addition to other statutory duties, shall	30374
include the handling, servicing, and investigation of divorce,	30375
dissolution of marriage, legal separation, and annulment cases and	30376
providing any counseling and conciliation services that the	30377
division makes available to persons, whether or not the persons	30378
are parties to an action pending in the division, who request the	30379
services.	30380

(2) The judge of the court of common pleas whose term begins	30381
on January 4, 1979, and successors, shall have the same	30382
qualifications, exercise the same powers and jurisdiction, and	30383
receive the same compensation as other judges of the court of	30384
common pleas of Lake county, shall be elected and designated as	30385
judge of the court of common pleas, juvenile division, and shall	30386
be the juvenile judge as provided in Chapters 2151. and 2152. of	30387
the Revised Code, with the powers and jurisdictions conferred by	30388
those chapters. The judge of the court of common pleas, juvenile	30389
division, shall be the administrator of the juvenile division and	30390
its subdivisions and departments. The judge shall have charge of	30391
the employment, assignment, and supervision of the personnel of	30392
the juvenile division who are engaged in handling, servicing, or	30393
investigating juvenile cases, including any referees whom the	30394
judge considers necessary for the discharge of the judge's various	30395
duties.	30396

The judge also shall designate the title, compensation,	30397
expense allowances, hours, leaves of absence, and vacation of the	30398
personnel of the division and shall fix their duties. The duties	30399
of the personnel, in addition to other statutory duties, include	30400
the handling, servicing, and investigation of juvenile cases and	30401
providing any counseling and conciliation services that the	30402
division makes available to persons, whether or not the persons	30403
are parties to an action pending in the division, who request the	30404
services.	30405

(3) If a judge of the court of common pleas, division of	30406
domestic relations or juvenile division, is sick, absent, or	30407
unable to perform that judge's judicial duties or the volume of	30408
cases pending in the judge's division necessitates it, the duties	30409
of that judge shall be performed by the other judges of the	30410
domestic relations and juvenile divisions.	30411

(N) In Erie county:

30412

(1) The judge of the court of common pleas whose term begins	30413
on January 2, 1971, and the successors to that judge whose terms	30414
begin before January 2, 2007, shall have the same qualifications,	30415
exercise the same powers and jurisdiction, and receive the same	30416
compensation as the other judge of the court of common pleas of	30417
Erie county and shall be elected and designated as judge of the	30418
court of common pleas, division of domestic relations. The judge	30419
shall have all the powers relating to juvenile courts, and shall	30420
be assigned all cases under Chapters 2151. and 2152. of the	30421
Revised Code, parentage proceedings over which the juvenile court	30422
has jurisdiction, and divorce, dissolution of marriage, legal	30423
separation, and annulment cases, except cases that for some	30424
special reason are assigned to some other judge.	30425

On or after January 2, 2007, the judge of the court of common	30426
pleas who is elected in 2006 shall be the successor to the judge	30427
of the domestic relations division whose term expires on January	30428
1, 2007, shall be designated as judge of the court of common	30429
pleas, juvenile division, and shall be the juvenile judge as	30430
provided in Chapters 2151. and 2152. of the Revised Code with the	30431
powers and jurisdictions conferred by those chapters.	30432

(2) The judge of the court of common pleas, general division,	30433
whose term begins on January 1, 2005, and successors, the judge of	30434
the court of common pleas, general division whose term begins on	30435
January 2, 2005, and successors, and the judge of the court of	30436
common pleas, general division, whose term begins February 9,	30437
2009, and successors, shall have assigned to them, in addition to	30438
all matters that are within the jurisdiction of the general	30439
division of the court of common pleas, all divorce, dissolution of	30440
marriage, legal separation, and annulment cases coming before the	30441
court, and all matters that are within the jurisdiction of the	30442
probate court under Chapter 2101., and other provisions, of the	30443
Revised Code.	30444

(O) In Greene county:

30445

(1) The judge of the court of common pleas whose term begins	30446
on January 1, 1961, and successors, shall have the same	30447
qualifications, exercise the same powers and jurisdiction, and	30448
receive the same compensation as the other judges of the court of	30449
common pleas of Greene county and shall be elected and designated	30450
as the judge of the court of common pleas, division of domestic	30451
relations. The judge shall be assigned all divorce, dissolution of	30452
marriage, legal separation, annulment, uniform reciprocal support	30453
enforcement, and domestic violence cases and all other cases	30454
related to domestic relations, except cases that for some special	30455
reason are assigned to some other judge of the court of common	30456
pleas.	30457

The judge shall be charged with the assignment and division	30458
of the work of the division and with the employment and	30459
supervision of all other personnel of the division. The judge also	30460
shall designate the title, compensation, hours, leaves of absence,	30461
and vacations of the personnel of the division and shall fix their	30462
duties. The duties of the personnel of the division, in addition	30463
to other statutory duties, shall include the handling, servicing,	30464
and investigation of divorce, dissolution of marriage, legal	30465
separation, and annulment cases and the provision of counseling	30466
and conciliation services that the division considers necessary	30467
and makes available to persons who request the services, whether	30468
or not the persons are parties in an action pending in the	30469
division. The compensation for the personnel shall be paid from	30470
the overall court budget and shall be included in the	30471
appropriations for the existing judges of the general division of	30472
the court of common pleas.	30473

(2) The judge of the court of common pleas whose term begins	30474
on January 1, 1995, and successors, shall have the same	30475
qualifications, exercise the same powers and jurisdiction, and	30476
receive the same compensation as the other judges of the court of	30477
common pleas of Greene county, shall be elected and designated as	30478
judge of the court of common pleas, juvenile division, and, on or	30479
after January 1, 1995, shall be the juvenile judge as provided in	30480
Chapters 2151. and 2152. of the Revised Code with the powers and	30481
jurisdiction conferred by those chapters. The judge of the court	30482
of common pleas, juvenile division, shall be the administrator of	30483
the juvenile division and its subdivisions and departments. The	30484
judge shall have charge of the employment, assignment, and	30485
supervision of the personnel of the juvenile division who are	30486
engaged in handling, servicing, or investigating juvenile cases,	30487
including any referees whom the judge considers necessary for the	30488
discharge of the judge's various duties.	30489

The judge also shall designate the title, compensation,	30490
expense allowances, hours, leaves of absence, and vacation of the	30491
personnel of the division and shall fix their duties. The duties	30492
of the personnel, in addition to other statutory duties, include	30493
the handling, servicing, and investigation of juvenile cases and	30494
providing any counseling and conciliation services that the court	30495
makes available to persons, whether or not the persons are parties	30496
to an action pending in the court, who request the services.	30497

(3) If one of the judges of the court of common pleas,	30498
general division, is sick, absent, or unable to perform that	30499
judge's judicial duties or the volume of cases pending in the	30500
general division necessitates it, the duties of that judge of the	30501
general division shall be performed by the judge of the division	30502
of domestic relations and the judge of the juvenile division.	30503

(P) In Portage county, the judge of the court of common	30504
pleas, whose term begins January 2, 1987, and successors, shall	30505
have the same qualifications, exercise the same powers and	30506
jurisdiction, and receive the same compensation as the other	30507
judges of the court of common pleas of Portage county and shall be	30508
elected and designated as judge of the court of common pleas,	30509
division of domestic relations. The judge shall be assigned all	30510
divorce, dissolution of marriage, legal separation, and annulment	30511
cases coming before the court, except in cases that for some	30512
special reason are assigned to some other judge of the court of	30513
common pleas. The judge shall be charged with the assignment and	30514
division of the work of the division and with the employment and	30515
supervision of all other personnel of the domestic relations	30516
division.	30517

The judge also shall designate the title, compensation,	30518
expense allowances, hours, leaves of absence, and vacations of the	30519
personnel of the division and shall fix their duties. The duties	30520
of the personnel, in addition to other statutory duties, shall	30521
include the handling, servicing, and investigation of divorce,	30522
dissolution of marriage, legal separation, and annulment cases and	30523
providing any counseling and conciliation services that the	30524
division makes available to persons, whether or not the persons	30525
are parties to an action pending in the division, who request the	30526
services.	30527

(Q) In Clermont county, the judge of the court of common	30528
pleas, whose term begins January 2, 1987, and successors, shall	30529
have the same qualifications, exercise the same powers and	30530
jurisdiction, and receive the same compensation as the other	30531
judges of the court of common pleas of Clermont county and shall	30532
be elected and designated as judge of the court of common pleas,	30533
division of domestic relations. The judge shall be assigned all	30534
divorce, dissolution of marriage, legal separation, and annulment	30535
cases coming before the court, except in cases that for some	30536
special reason are assigned to some other judge of the court of	30537
common pleas. The judge shall be charged with the assignment and	30538
division of the work of the division and with the employment and	30539
supervision of all other personnel of the domestic relations	30540
division.	30541

The judge also shall designate the title, compensation,	30542
expense allowances, hours, leaves of absence, and vacations of the	30543
personnel of the division and shall fix their duties. The duties	30544
of the personnel, in addition to other statutory duties, shall	30545
include the handling, servicing, and investigation of divorce,	30546
dissolution of marriage, legal separation, and annulment cases and	30547
providing any counseling and conciliation services that the	30548
division makes available to persons, whether or not the persons	30549
are parties to an action pending in the division, who request the	30550
services.	30551

(R) In Warren county, the judge of the court of common pleas,	30552
whose term begins January 1, 1987, and successors, shall have the	30553
same qualifications, exercise the same powers and jurisdiction,	30554
and receive the same compensation as the other judges of the court	30555
of common pleas of Warren county and shall be elected and	30556
designated as judge of the court of common pleas, division of	30557
domestic relations. The judge shall be assigned all divorce,	30558
dissolution of marriage, legal separation, and annulment cases	30559
coming before the court, except in cases that for some special	30560
reason are assigned to some other judge of the court of common	30561
pleas. The judge shall be charged with the assignment and division	30562
of the work of the division and with the employment and	30563
supervision of all other personnel of the domestic relations	30564
division.	30565

The judge also shall designate the title, compensation,	30566
expense allowances, hours, leaves of absence, and vacations of the	30567
personnel of the division and shall fix their duties. The duties	30568
of the personnel, in addition to other statutory duties, shall	30569
include the handling, servicing, and investigation of divorce,	30570
dissolution of marriage, legal separation, and annulment cases and	30571
providing any counseling and conciliation services that the	30572
division makes available to persons, whether or not the persons	30573
are parties to an action pending in the division, who request the	30574
services.	30575

(S) In Licking county, the judges of the court of common	30576
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	30577
and successors, shall have the same qualifications, exercise the	30578
same powers and jurisdiction, and receive the same compensation as	30579
the other judges of the court of common pleas of Licking county	30580
and shall be elected and designated as judges of the court of	30581
common pleas, division of domestic relations. The judges shall be	30582
assigned all divorce, dissolution of marriage, legal separation,	30583
and annulment cases, all cases arising under Chapter 3111. of the	30584
Revised Code, all proceedings involving child support, the	30585
allocation of parental rights and responsibilities for the care of	30586
children and the designation for the children of a place of	30587
residence and legal custodian, parenting time, and visitation, and	30588
all post-decree proceedings and matters arising from those cases	30589
and proceedings, except in cases that for some special reason are	30590
assigned to another judge of the court of common pleas. The	30591
administrative judge of the division of domestic relations shall	30592
be charged with the assignment and division of the work of the	30593
division and with the employment and supervision of the personnel	30594
of the division.	30595

The administrative judge of the division of domestic	30596
relations shall designate the title, compensation, expense	30597
allowances, hours, leaves of absence, and vacations of the	30598
personnel of the division and shall fix the duties of the	30599
personnel of the division. The duties of the personnel of the	30600
division, in addition to other statutory duties, shall include the	30601
handling, servicing, and investigation of divorce, dissolution of	30602
marriage, legal separation, and annulment cases, cases arising	30603
under Chapter 3111. of the Revised Code, and proceedings involving	30604
child support, the allocation of parental rights and	30605
responsibilities for the care of children and the designation for	30606
the children of a place of residence and legal custodian,	30607
parenting time, and visitation and providing any counseling and	30608
conciliation services that the division makes available to	30609
persons, whether or not the persons are parties to an action	30610
pending in the division, who request the services.	30611

(T) In Allen county, the judge of the court of common pleas,	30612
whose term begins January 1, 1993, and successors, shall have the	30613
same qualifications, exercise the same powers and jurisdiction,	30614
and receive the same compensation as the other judges of the court	30615
of common pleas of Allen county and shall be elected and	30616
designated as judge of the court of common pleas, division of	30617
domestic relations. The judge shall be assigned all divorce,	30618
dissolution of marriage, legal separation, and annulment cases,	30619
all cases arising under Chapter 3111. of the Revised Code, all	30620
proceedings involving child support, the allocation of parental	30621
rights and responsibilities for the care of children and the	30622
designation for the children of a place of residence and legal	30623
custodian, parenting time, and visitation, and all post-decree	30624
proceedings and matters arising from those cases and proceedings,	30625
except in cases that for some special reason are assigned to	30626
another judge of the court of common pleas. The judge shall be	30627
charged with the assignment and division of the work of the	30628
division and with the employment and supervision of the personnel	30629
of the division.	30630

The judge shall designate the title, compensation, expense	30631
allowances, hours, leaves of absence, and vacations of the	30632
personnel of the division and shall fix the duties of the	30633
personnel of the division. The duties of the personnel of the	30634
division, in addition to other statutory duties, shall include the	30635
handling, servicing, and investigation of divorce, dissolution of	30636
marriage, legal separation, and annulment cases, cases arising	30637
under Chapter 3111. of the Revised Code, and proceedings involving	30638
child support, the allocation of parental rights and	30639
responsibilities for the care of children and the designation for	30640
the children of a place of residence and legal custodian,	30641
parenting time, and visitation, and providing any counseling and	30642
conciliation services that the division makes available to	30643
persons, whether or not the persons are parties to an action	30644
pending in the division, who request the services.	30645

(U) In Medina county, the judge of the court of common pleas	30646
whose term begins January 1, 1995, and successors, shall have the	30647
same qualifications, exercise the same powers and jurisdiction,	30648
and receive the same compensation as other judges of the court of	30649
common pleas of Medina county and shall be elected and designated	30650
as judge of the court of common pleas, division of domestic	30651
relations. The judge shall be assigned all divorce, dissolution of	30652
marriage, legal separation, and annulment cases, all cases arising	30653
under Chapter 3111. of the Revised Code, all proceedings involving	30654
child support, the allocation of parental rights and	30655
responsibilities for the care of children and the designation for	30656
the children of a place of residence and legal custodian,	30657
parenting time, and visitation, and all post-decree proceedings	30658
and matters arising from those cases and proceedings, except in	30659
cases that for some special reason are assigned to another judge	30660
of the court of common pleas. The judge shall be charged with the	30661
assignment and division of the work of the division and with the	30662
employment and supervision of the personnel of the division.	30663

The judge shall designate the title, compensation, expense	30664
allowances, hours, leaves of absence, and vacations of the	30665
personnel of the division and shall fix the duties of the	30666
personnel of the division. The duties of the personnel, in	30667
addition to other statutory duties, include the handling,	30668
servicing, and investigation of divorce, dissolution of marriage,	30669
legal separation, and annulment cases, cases arising under Chapter	30670
3111. of the Revised Code, and proceedings involving child	30671
support, the allocation of parental rights and responsibilities	30672
for the care of children and the designation for the children of a	30673
place of residence and legal custodian, parenting time, and	30674
visitation, and providing counseling and conciliation services	30675
that the division makes available to persons, whether or not the	30676
persons are parties to an action pending in the division, who	30677
request the services.	30678

(V) In Fairfield county, the judge of the court of common	30679
pleas whose term begins January 2, 1995, and successors, shall	30680
have the same qualifications, exercise the same powers and	30681
jurisdiction, and receive the same compensation as the other	30682
judges of the court of common pleas of Fairfield county and shall	30683
be elected and designated as judge of the court of common pleas,	30684
division of domestic relations. The judge shall be assigned all	30685
divorce, dissolution of marriage, legal separation, and annulment	30686
cases, all cases arising under Chapter 3111. of the Revised Code,	30687
all proceedings involving child support, the allocation of	30688
parental rights and responsibilities for the care of children and	30689
the designation for the children of a place of residence and legal	30690
custodian, parenting time, and visitation, and all post-decree	30691
proceedings and matters arising from those cases and proceedings,	30692
except in cases that for some special reason are assigned to	30693
another judge of the court of common pleas. The judge also has	30694
concurrent jurisdiction with the probate-juvenile division of the	30695
court of common pleas of Fairfield county with respect to and may	30696
hear cases to determine the custody of a child, as defined in	30697
section 2151.011 of the Revised Code, who is not the ward of	30698
another court of this state, cases that are commenced by a parent,	30699
guardian, or custodian of a child, as defined in section 2151.011	30700
of the Revised Code, to obtain an order requiring a parent of the	30701
child to pay child support for that child when the request for	30702
that order is not ancillary to an action for divorce, dissolution	30703
of marriage, annulment, or legal separation, a criminal or civil	30704
action involving an allegation of domestic violence, an action for	30705
support under Chapter 3115. of the Revised Code, or an action that	30706
is within the exclusive original jurisdiction of the	30707
probate-juvenile division of the court of common pleas of	30708
Fairfield county and that involves an allegation that the child is	30709
an abused, neglected, or dependent child, and post-decree	30710
proceedings and matters arising from those types of cases.	30711

The judge of the domestic relations division shall be charged	30712
with the assignment and division of the work of the division and	30713
with the employment and supervision of the personnel of the	30714
division.	30715

The judge shall designate the title, compensation, expense	30716
allowances, hours, leaves of absence, and vacations of the	30717
personnel of the division and shall fix the duties of the	30718
personnel of the division. The duties of the personnel of the	30719
division, in addition to other statutory duties, shall include the	30720
handling, servicing, and investigation of divorce, dissolution of	30721
marriage, legal separation, and annulment cases, cases arising	30722
under Chapter 3111. of the Revised Code, and proceedings involving	30723
child support, the allocation of parental rights and	30724
responsibilities for the care of children and the designation for	30725
the children of a place of residence and legal custodian,	30726
parenting time, and visitation, and providing any counseling and	30727
conciliation services that the division makes available to	30728
persons, regardless of whether the persons are parties to an	30729
action pending in the division, who request the services. When the	30730
judge hears a case to determine the custody of a child, as defined	30731
in section 2151.011 of the Revised Code, who is not the ward of	30732
another court of this state or a case that is commenced by a	30733
parent, guardian, or custodian of a child, as defined in section	30734
2151.011 of the Revised Code, to obtain an order requiring a	30735
parent of the child to pay child support for that child when the	30736
request for that order is not ancillary to an action for divorce,	30737
dissolution of marriage, annulment, or legal separation, a	30738
criminal or civil action involving an allegation of domestic	30739
violence, an action for support under Chapter 3115. of the Revised	30740
Code, or an action that is within the exclusive original	30741
jurisdiction of the probate-juvenile division of the court of	30742
common pleas of Fairfield county and that involves an allegation	30743
that the child is an abused, neglected, or dependent child, the	30744
duties of the personnel of the domestic relations division also	30745
include the handling, servicing, and investigation of those types	30746
of cases.	30747

(W)(1) In Clark county, the judge of the court of common	30748
pleas whose term begins on January 2, 1995, and successors, shall	30749
have the same qualifications, exercise the same powers and	30750
jurisdiction, and receive the same compensation as other judges of	30751
the court of common pleas of Clark county and shall be elected and	30752
designated as judge of the court of common pleas, domestic	30753
relations division. The judge shall have all the powers relating	30754
to juvenile courts, and all cases under Chapters 2151. and 2152.	30755
of the Revised Code and all parentage proceedings under Chapter	30756
3111. of the Revised Code over which the juvenile court has	30757
jurisdiction shall be assigned to the judge of the division of	30758
domestic relations. All divorce, dissolution of marriage, legal	30759
separation, annulment, uniform reciprocal support enforcement, and	30760
other cases related to domestic relations shall be assigned to the	30761
domestic relations division, and the presiding judge of the court	30762
of common pleas shall assign the cases to the judge of the	30763
domestic relations division and the judges of the general	30764
division.	30765

(2) In addition to the judge's regular duties, the judge of	30766
the division of domestic relations shall serve on the children	30767
services board and the county advisory board.	30768

(3) If the judge of the court of common pleas of Clark	30769
county, division of domestic relations, is sick, absent, or unable	30770
to perform that judge's judicial duties or if the presiding judge	30771
of the court of common pleas of Clark county determines that the	30772
volume of cases pending in the division of domestic relations	30773
necessitates it, the duties of the judge of the division of	30774
domestic relations shall be performed by the judges of the general	30775
division or probate division of the court of common pleas of Clark	30776
county, as assigned for that purpose by the presiding judge of	30777
that court, and the judges so assigned shall act in conjunction	30778
with the judge of the division of domestic relations of that	30779
court.	30780

(X) In Scioto county, the judge of the court of common pleas	30781
whose term begins January 2, 1995, and successors, shall have the	30782
same qualifications, exercise the same powers and jurisdiction,	30783
and receive the same compensation as other judges of the court of	30784
common pleas of Scioto county and shall be elected and designated	30785
as judge of the court of common pleas, division of domestic	30786
relations. The judge shall be assigned all divorce, dissolution of	30787
marriage, legal separation, and annulment cases, all cases arising	30788
under Chapter 3111. of the Revised Code, all proceedings involving	30789
child support, the allocation of parental rights and	30790
responsibilities for the care of children and the designation for	30791
the children of a place of residence and legal custodian,	30792
parenting time, visitation, and all post-decree proceedings and	30793
matters arising from those cases and proceedings, except in cases	30794
that for some special reason are assigned to another judge of the	30795
court of common pleas. The judge shall be charged with the	30796
assignment and division of the work of the division and with the	30797
employment and supervision of the personnel of the division.	30798

The judge shall designate the title, compensation, expense	30799
allowances, hours, leaves of absence, and vacations of the	30800
personnel of the division and shall fix the duties of the	30801
personnel of the division. The duties of the personnel, in	30802
addition to other statutory duties, include the handling,	30803
servicing, and investigation of divorce, dissolution of marriage,	30804
legal separation, and annulment cases, cases arising under Chapter	30805
3111. of the Revised Code, and proceedings involving child	30806
support, the allocation of parental rights and responsibilities	30807
for the care of children and the designation for the children of a	30808
place of residence and legal custodian, parenting time, and	30809
visitation, and providing counseling and conciliation services	30810
that the division makes available to persons, whether or not the	30811
persons are parties to an action pending in the division, who	30812
request the services.	30813

(Y) In Auglaize county, the judge of the probate and juvenile	30814
divisions of the Auglaize county court of common pleas also shall	30815
be the administrative judge of the domestic relations division of	30816
the court and shall be assigned all divorce, dissolution of	30817
marriage, legal separation, and annulment cases coming before the	30818
court. The judge shall have all powers as administrator of the	30819
domestic relations division and shall have charge of the personnel	30820
engaged in handling, servicing, or investigating divorce,	30821
dissolution of marriage, legal separation, and annulment cases,	30822
including any referees considered necessary for the discharge of	30823
the judge's various duties.	30824

(Z)(1) In Marion county, the judge of the court of common	30825
pleas whose term begins on February 9, 1999, and the successors to	30826
that judge, shall have the same qualifications, exercise the same	30827
powers and jurisdiction, and receive the same compensation as the	30828
other judges of the court of common pleas of Marion county and	30829
shall be elected and designated as judge of the court of common	30830
pleas, domestic relations-juvenile-probate division. Except as	30831
otherwise specified in this division, that judge, and the	30832
successors to that judge, shall have all the powers relating to	30833
juvenile courts, and all cases under Chapters 2151. and 2152. of	30834
the Revised Code, all cases arising under Chapter 3111. of the	30835
Revised Code, all divorce, dissolution of marriage, legal	30836
separation, and annulment cases, all proceedings involving child	30837
support, the allocation of parental rights and responsibilities	30838
for the care of children and the designation for the children of a	30839
place of residence and legal custodian, parenting time, and	30840
visitation, and all post-decree proceedings and matters arising	30841
from those cases and proceedings shall be assigned to that judge	30842
and the successors to that judge. Except as provided in division	30843
(Z)(2) of this section and notwithstanding any other provision of	30844
any section of the Revised Code, on and after February 9, 2003,	30845
the judge of the court of common pleas of Marion county whose term	30846
begins on February 9, 1999, and the successors to that judge,	30847
shall have all the powers relating to the probate division of the	30848
court of common pleas of Marion county in addition to the powers	30849
previously specified in this division, and shall exercise	30850
concurrent jurisdiction with the judge of the probate division of	30851
that court over all matters that are within the jurisdiction of	30852
the probate division of that court under Chapter 2101., and other	30853
provisions, of the Revised Code in addition to the jurisdiction of	30854
the domestic relations-juvenile-probate division of that court	30855
otherwise specified in division (Z)(1) of this section.	30856

(2) The judge of the domestic relations-juvenile-probate	30857
division of the court of common pleas of Marion county or the	30858
judge of the probate division of the court of common pleas of	30859
Marion county, whichever of those judges is senior in total length	30860
of service on the court of common pleas of Marion county,	30861
regardless of the division or divisions of service, shall serve as	30862
the clerk of the probate division of the court of common pleas of	30863
Marion county.	30864

(3) On and after February 9, 2003, all references in law to	30865
"the probate court," "the probate judge," "the juvenile court," or	30866
"the judge of the juvenile court" shall be construed, with respect	30867
to Marion county, as being references to both "the probate	30868
division" and "the domestic relations-juvenile-probate division"	30869
and as being references to both "the judge of the probate	30870
division" and "the judge of the domestic relations-	30871
juvenile-probate division." On and after February 9, 2003, all	30872
references in law to "the clerk of the probate court" shall be	30873
construed, with respect to Marion county, as being references to	30874
the judge who is serving pursuant to division (Z)(2) of this	30875
section as the clerk of the probate division of the court of	30876
common pleas of Marion county.	30877

(AA) In Muskingum county, the judge of the court of common	30878
pleas whose term begins on January 2, 2003, and successors, shall	30879
have the same qualifications, exercise the same powers and	30880
jurisdiction, and receive the same compensation as the other	30881
judges of the court of common pleas of Muskingum county and shall	30882
be elected and designated as the judge of the court of common	30883
pleas, division of domestic relations. The judge shall be assigned	30884
all divorce, dissolution of marriage, legal separation, and	30885
annulment cases, all cases arising under Chapter 3111. of the	30886
Revised Code, all proceedings involving child support, the	30887
allocation of parental rights and responsibilities for the care of	30888
children and the designation for the children of a place of	30889
residence and legal custodian, parenting time, and visitation, and	30890
all post-decree proceedings and matters arising from those cases	30891
and proceedings, except in cases that for some special reason are	30892
assigned to another judge of the court of common pleas. The judge	30893
shall be charged with the assignment and division of the work of	30894
the division and with the employment and supervision of the	30895
personnel of the division.	30896

The judge shall designate the title, compensation, expense	30897
allowances, hours, leaves of absence, and vacations of the	30898
personnel of the division and shall fix the duties of the	30899
personnel of the division. The duties of the personnel of the	30900
division, in addition to other statutory duties, shall include the	30901
handling, servicing, and investigation of divorce, dissolution of	30902
marriage, legal separation, and annulment cases, cases arising	30903
under Chapter 3111. of the Revised Code, and proceedings involving	30904
child support, the allocation of parental rights and	30905
responsibilities for the care of children and the designation for	30906
the children of a place of residence and legal custodian,	30907
parenting time, and visitation and providing any counseling and	30908
conciliation services that the division makes available to	30909
persons, whether or not the persons are parties to an action	30910
pending in the division, who request the services.	30911

(BB) In Henry county, the judge of the court of common pleas	30912
whose term begins on January 1, 2005, and successors, shall have	30913
the same qualifications, exercise the same powers and	30914
jurisdiction, and receive the same compensation as the other judge	30915
of the court of common pleas of Henry county and shall be elected	30916
and designated as the judge of the court of common pleas, division	30917
of domestic relations. The judge shall have all of the powers	30918
relating to juvenile courts, and all cases under Chapter 2151. or	30919
2152. of the Revised Code, all parentage proceedings arising under	30920
Chapter 3111. of the Revised Code over which the juvenile court	30921
has jurisdiction, all divorce, dissolution of marriage, legal	30922
separation, and annulment cases, all proceedings involving child	30923
support, the allocation of parental rights and responsibilities	30924
for the care of children and the designation for the children of a	30925
place of residence and legal custodian, parenting time, and	30926
visitation, and all post-decree proceedings and matters arising	30927
from those cases and proceedings shall be assigned to that judge,	30928
except in cases that for some special reason are assigned to the	30929
other judge of the court of common pleas.	30930

(CC)(1) In Logan county, the judge of the court of common	30931
pleas whose term begins January 2, 2005, and the successors to	30932
that judge, shall have the same qualifications, exercise the same	30933
powers and jurisdiction, and receive the same compensation as the	30934
other judges of the court of common pleas of Logan county and	30935
shall be elected and designated as judge of the court of common	30936
pleas, domestic relations-juvenile-probate division. Except as	30937
otherwise specified in this division, that judge, and the	30938
successors to that judge, shall have all the powers relating to	30939
juvenile courts, and all cases under Chapters 2151. and 2152. of	30940
the Revised Code, all cases arising under Chapter 3111. of the	30941
Revised Code, all divorce, dissolution of marriage, legal	30942
separation, and annulment cases, all proceedings involving child	30943
support, the allocation of parental rights and responsibilities	30944
for the care of children and designation for the children of a	30945
place of residence and legal custodian, parenting time, and	30946
visitation, and all post-decree proceedings and matters arising	30947
from those cases and proceedings shall be assigned to that judge	30948
and the successors to that judge. Notwithstanding any other	30949
provision of any section of the Revised Code, on and after January	30950
2, 2005, the judge of the court of common pleas of Logan county	30951
whose term begins on January 2, 2005, and the successors to that	30952
judge, shall have all the powers relating to the probate division	30953
of the court of common pleas of Logan county in addition to the	30954
powers previously specified in this division and shall exercise	30955
concurrent jurisdiction with the judge of the probate division of	30956
that court over all matters that are within the jurisdiction of	30957
the probate division of that court under Chapter 2101., and other	30958
provisions, of the Revised Code in addition to the jurisdiction of	30959
the domestic relations-juvenile-probate division of that court	30960
otherwise specified in division (CC)(1) of this section.	30961

(2) The judge of the domestic relations-juvenile-probate	30962
division of the court of common pleas of Logan county or the	30963
probate judge of the court of common pleas of Logan county who is	30964
elected as the administrative judge of the probate division of the	30965
court of common pleas of Logan county pursuant to Rule 4 of the	30966
Rules of Superintendence shall be the clerk of the probate	30967
division and juvenile division of the court of common pleas of	30968
Logan county. The clerk of the court of common pleas who is	30969
elected pursuant to section 2303.01 of the Revised Code shall keep	30970
all of the journals, records, books, papers, and files pertaining	30971
to the domestic relations cases.	30972

(3) On and after January 2, 2005, all references in law to	30973
"the probate court," "the probate judge," "the juvenile court," or	30974
"the judge of the juvenile court" shall be construed, with respect	30975
to Logan county, as being references to both "the probate	30976
division" and the "domestic relations-juvenile-probate division"	30977
and as being references to both "the judge of the probate	30978
division" and the "judge of the domestic	30979
relations-juvenile-probate division." On and after January 2,	30980
2005, all references in law to "the clerk of the probate court"	30981
shall be construed, with respect to Logan county, as being	30982
references to the judge who is serving pursuant to division	30983
(CC)(2) of this section as the clerk of the probate division of	30984
the court of common pleas of Logan county.	30985

(DD)(1) In Champaign county, the judge of the court of common	30986
pleas whose term begins February 9, 2003, and the judge of the	30987
court of common pleas whose term begins February 10, 2009, and the	30988
successors to those judges, shall have the same qualifications,	30989
exercise the same powers and jurisdiction, and receive the same	30990
compensation as the other judges of the court of common pleas of	30991
Champaign county and shall be elected and designated as judges of	30992
the court of common pleas, domestic relations-juvenile-probate	30993
division. Except as otherwise specified in this division, those	30994
judges, and the successors to those judges, shall have all the	30995
powers relating to juvenile courts, and all cases under Chapters	30996
2151. and 2152. of the Revised Code, all cases arising under	30997
Chapter 3111. of the Revised Code, all divorce, dissolution of	30998
marriage, legal separation, and annulment cases, all proceedings	30999
involving child support, the allocation of parental rights and	31000
responsibilities for the care of children and the designation for	31001
the children of a place of residence and legal custodian,	31002
parenting time, and visitation, and all post-decree proceedings	31003
and matters arising from those cases and proceedings shall be	31004
assigned to those judges and the successors to those judges.	31005
Notwithstanding any other provision of any section of the Revised	31006
Code, on and after February 9, 2009, the judges designated by this	31007
division as judges of the court of common pleas of Champaign	31008
county, domestic relations-juvenile-probate division, and the	31009
successors to those judges, shall have all the powers relating to	31010
probate courts in addition to the powers previously specified in	31011
this division and shall exercise jurisdiction over all matters	31012
that are within the jurisdiction of probate courts under Chapter	31013
2101., and other provisions, of the Revised Code in addition to	31014
the jurisdiction of the domestic relations-juvenile-probate	31015
division otherwise specified in division (DD)(1) of this section.	31016

(2) On and after February 9, 2009, all references in law to	31017
"the probate court," "the probate judge," "the juvenile court," or	31018
"the judge of the juvenile court" shall be construed with respect	31019
to Champaign county as being references to the "domestic	31020
relations-juvenile-probate division" and as being references to	31021
the "judge of the domestic relations-juvenile-probate division."	31022
On and after February 9, 2009, all references in law to "the clerk	31023
of the probate court" shall be construed with respect to Champaign	31024
county as being references to the judge who is serving pursuant to	31025
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	31026
the administrative judge of the court of common pleas, domestic	31027
relations-juvenile-probate division.	31028

(EE) If a judge of the court of common pleas, division of	31029
domestic relations, or juvenile judge, of any of the counties	31030
mentioned in this section is sick, absent, or unable to perform	31031
that judge's judicial duties or the volume of cases pending in the	31032
judge's division necessitates it, the duties of that judge shall	31033
be performed by another judge of the court of common pleas of that	31034
county, assigned for that purpose by the presiding judge of the	31035
court of common pleas of that county to act in place of or in	31036
conjunction with that judge, as the case may require.	31037

Sec. 2303.201. (A)(1) The court of common pleas of any	31038
county may determine that for the efficient operation of the court	31039
additional funds are required to computerize the court, to make	31040
available computerized legal research services, or to do both.	31041
Upon making a determination that additional funds are required for	31042
either or both of those purposes, the court shall authorize and	31043
direct the clerk of the court of common pleas to charge one	31044
additional fee, not to exceed six dollars, on the filing of each	31045
cause of action or appeal under divisions (A), (Q), and (U) of	31046
section 2303.20 of the Revised Code.	31047

(2) All fees collected under division (A)(1) of this section	31048
shall be paid to the county treasurer. The treasurer shall place	31049
the funds from the fees in a separate fund to be disbursed either	31050
upon an order of the court, subject to an appropriation by the	31051
board of county commissioners, or upon an order of the court,	31052
subject to the court making an annual report available to the	31053
public listing the use of all such funds, in an amount not greater	31054
than the actual cost to the court of procuring and maintaining	31055
computerization of the court, computerized legal research	31056
services, or both.	31057

(3) If the court determines that the funds in the fund	31058
described in division (A)(2) of this section are more than	31059
sufficient to satisfy the purpose for which the additional fee	31060
described in division (A)(1) of this section was imposed, the	31061
court may declare a surplus in the fund and, subject to an	31062
appropriation by the board of county commissioners, expend those	31063
surplus funds, or upon an order of the court, subject to the court	31064
making an annual report available to the public listing the use of	31065
all such funds, expend those surplus funds, for other appropriate	31066
technological expenses of the court.	31067

(B)(1) The court of common pleas of any county may determine	31068
that, for the efficient operation of the court, additional funds	31069
are required to make technological advances in or to computerize	31070
the office of the clerk of the court of common pleas and, upon	31071
that determination, authorize and direct the clerk of the court of	31072
common pleas to charge an additional fee, not to exceed twenty	31073
dollars, on the filing of each cause of action or appeal, on the	31074
filing, docketing, and endorsing of each certificate of judgment,	31075
or on the docketing and indexing of each aid in execution or	31076
petition to vacate, revive, or modify a judgment under divisions	31077
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code	31078
and not to exceed one dollar each for the services described in	31079
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of	31080
the Revised Code. Subject to division (B)(2) of this section, all	31081
moneys collected under division (B)(1) of this section shall be	31082
paid to the county treasurer to be disbursed, upon an order of the	31083
court of common pleas and subject to appropriation by the board of	31084
county commissioners, in an amount no greater than the actual cost	31085
to the court of procuring and maintaining technology and computer	31086
systems for the office of the clerk of the court of common pleas.	31087

(2) If the court of common pleas of a county makes the	31088
determination described in division (B)(1) of this section, the	31089
board of county commissioners of that county may issue one or more	31090
general obligation bonds for the purpose of procuring and	31091
maintaining the technology and computer systems for the office of	31092
the clerk of the court of common pleas. In addition to the	31093
purposes stated in division (B)(1) of this section for which the	31094
moneys collected under that division may be expended, the moneys	31095
additionally may be expended to pay debt charges on and financing	31096
costs related to any general obligation bonds issued pursuant to	31097
division (B)(2) of this section as they become due. General	31098
obligation bonds issued pursuant to division (B)(2) of this	31099
section are Chapter 133. securities.	31100

(C) The court of common pleas shall collect the sum of	31101
twenty-six dollars as additional filing fees in each new civil	31102
action or proceeding for the charitable public purpose of	31103
providing financial assistance to legal aid societies that operate	31104
within the state and to support the office of the state public	31105
defender. This division does not apply to proceedings concerning	31106
annulments, dissolutions of marriage, divorces, legal separation,	31107
spousal support, marital property or separate property	31108
distribution, support, or other domestic relations matters; to a	31109
juvenile division of a court of common pleas; to a probate	31110
division of a court of common pleas, except that the additional	31111
filing fees shall apply to name change, guardianship, adoption,	31112
and decedents' estate proceedings; or to an execution on a	31113
judgment, proceeding in aid of execution, or other post-judgment	31114
proceeding arising out of a civil action. The filing fees required	31115
to be collected under this division shall be in addition to any	31116
other filing fees imposed in the action or proceeding and shall be	31117
collected at the time of the filing of the action or proceeding.	31118
The court shall not waive the payment of the additional filing	31119
fees in a new civil action or proceeding unless the court waives	31120
the advanced payment of all filing fees in the action or	31121
proceeding. All such moneys collected during a month except for an	31122
amount equal to up to one per cent of those moneys retained to	31123
cover administrative costs shall be transmitted on or before the	31124
twentieth day of the following month by the clerk of the court to	31125
the treasurer of state in a manner prescribed by the treasurer of	31126
state or by the Ohio legal assistance foundation. The treasurer of	31127
state shall deposit four per cent of the funds collected under	31128
this division to the credit of the civil case filing fee fund	31129
established under section 120.07 of the Revised Code and	31130
ninety-six per cent of the funds collected under this division to	31131
the credit of the legal aid fund established under section 120.52	31132
of the Revised Code.	31133

The court may retain up to one per cent of the moneys it	31134
collects under this division to cover administrative costs,	31135
including the hiring of any additional personnel necessary to	31136
implement this division. If the court fails to transmit to the	31137
treasurer of state the moneys the court collects under this	31138
division in a manner prescribed by the treasurer of state or by	31139
the Ohio legal assistance foundation, the court shall forfeit the	31140
moneys the court retains under this division to cover	31141
administrative costs, including the hiring of any additional	31142
personnel necessary to implement this division, and shall transmit	31143
to the treasurer of state all moneys collected under this	31144
division, including the forfeited amount retained for	31145
administrative costs, for deposit in the legal aid fund.	31146

(D) On and after the thirtieth day after December 9, 1994,	31147
the court of common pleas shall collect the sum of thirty-two	31148
dollars as additional filing fees in each new action or proceeding	31149
for annulment, divorce, or dissolution of marriage for the purpose	31150
of funding shelters for victims of domestic violence pursuant to	31151
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	31152
required to be collected under this division shall be in addition	31153
to any other filing fees imposed in the action or proceeding and	31154
shall be collected at the time of the filing of the action or	31155
proceeding. The court shall not waive the payment of the	31156
additional filing fees in a new action or proceeding for	31157
annulment, divorce, or dissolution of marriage unless the court	31158
waives the advanced payment of all filing fees in the action or	31159
proceeding. On or before the twentieth day of each month, all	31160
moneys collected during the immediately preceding month pursuant	31161
to this division shall be deposited by the clerk of the court into	31162
the county treasury in the special fund used for deposit of	31163
additional marriage license fees as described in section 3113.34	31164
of the Revised Code. Upon their deposit into the fund, the moneys	31165
shall be retained in the fund and expended only as described in	31166
section 3113.34 of the Revised Code.	31167

(E)(1) The court of common pleas may determine that, for the	31168
efficient operation of the court, additional funds are necessary	31169
to acquire and pay for special projects of the court, including,	31170
but not limited to, the acquisition of additional facilities or	31171
the rehabilitation of existing facilities, the acquisition of	31172
equipment, the hiring and training of staff, community service	31173
programs, mediation or dispute resolution services, the employment	31174
of magistrates, the training and education of judges, acting	31175
judges, and magistrates, and other related services. Upon that	31176
determination, the court by rule may charge a fee, in addition to	31177
all other court costs, on the filing of each criminal cause, civil	31178
action or proceeding, or judgment by confession.	31179

If the court of common pleas offers or requires a special	31180
program or ~~service~~additional services in cases of a specific	31181
type, the court by rule may assess an additional charge in a case	31182
of that type, over and above court costs, to cover the special	31183
program or service. The court shall adjust the special assessment	31184
periodically, but not retroactively, so that the amount assessed	31185
in those cases does not exceed the actual cost of providing the	31186
service or program.	31187

All moneys collected under division (E) of this section shall	31188
be paid to the county treasurer for deposit into either a general	31189
special projects fund or a fund established for a specific special	31190
project. Moneys from a fund of that nature shall be disbursed upon	31191
an order of the court, subject to an appropriation by the board of	31192
county commissioners, in an amount no greater than the actual cost	31193
to the court of a project. If a specific fund is terminated	31194
because of the discontinuance of a program or service established	31195
under division (E) of this section, the court may order, subject	31196
to an appropriation by the board of county commissioners, that	31197
moneys remaining in the fund be transferred to an account	31198
established under this division for a similar purpose.	31199

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

31200

(a) "Criminal cause" means a charge alleging the violation of	31201
a statute or ordinance, or subsection of a statute or ordinance,	31202
that requires a separate finding of fact or a separate plea before	31203
disposition and of which the defendant may be found guilty,	31204
whether filed as part of a multiple charge on a single summons,	31205
citation, or complaint or as a separate charge on a single	31206
summons, citation, or complaint. "Criminal cause" does not include	31207
separate violations of the same statute or ordinance, or	31208
subsection of the same statute or ordinance, unless each charge is	31209
filed on a separate summons, citation, or complaint.	31210

(b) "Civil action or proceeding" means any civil litigation	31211
that must be determined by judgment entry.	31212

Sec. 2305.234. (A) As used in this section:

31213

(1) "Chiropractic claim," "medical claim," and "optometric	31214
claim" have the same meanings as in section 2305.113 of the	31215
Revised Code.	31216

(2) "Dental claim" has the same meaning as in section	31217
2305.113 of the Revised Code, except that it does not include any	31218
claim arising out of a dental operation or any derivative claim	31219
for relief that arises out of a dental operation.	31220

(3) "Governmental health care program" has the same meaning	31221
as in section 4731.65 of the Revised Code.	31222

(4) "Health care facility or location" means a hospital,	31223
clinic, ambulatory surgical facility, office of a health care	31224
professional or associated group of health care professionals,	31225
training institution for health care professionals, or any other	31226
place where medical, dental, or other health-related diagnosis,	31227
care, or treatment is provided to a person.	31228

(5) "Health care professional" means any of the following who	31229
provide medical, dental, or other health-related diagnosis, care,	31230
or treatment:	31231

(a) Physicians authorized under Chapter 4731. of the Revised	31232
Code to practice medicine and surgery or osteopathic medicine and	31233
surgery;	31234

(b) Registered nurses and licensed practical nurses licensed	31235
under Chapter 4723. of the Revised Code and individuals who hold a	31236
certificate of authority issued under that chapter that authorizes	31237
the practice of nursing as a certified registered nurse	31238
anesthetist, clinical nurse specialist, certified nurse-midwife,	31239
or certified nurse practitioner;	31240

(c) Physician assistants authorized to practice under Chapter	31241
4730. of the Revised Code;	31242

(d) Dentists and dental hygienists licensed under Chapter	31243
4715. of the Revised Code;	31244

(e) Physical therapists, physical therapist assistants,	31245
occupational therapists, and occupational therapy assistants	31246
licensed under Chapter 4755. of the Revised Code;	31247

(f) Chiropractors licensed under Chapter 4734. of the Revised	31248
Code;	31249

(g) Optometrists licensed under Chapter 4725. of the Revised	31250
Code;	31251

(h) Podiatrists authorized under Chapter 4731. of the Revised	31252
Code to practice podiatry;	31253

(i) Dietitians licensed under Chapter 4759. of the Revised	31254
Code;	31255

(j) Pharmacists licensed under Chapter 4729. of the Revised	31256
Code;	31257

(k) Emergency medical technicians-basic, emergency medical	31258
technicians-intermediate, and emergency medical	31259
technicians-paramedic, certified under Chapter 4765. of the	31260
Revised Code;	31261

(l) Respiratory care professionals licensed under Chapter	31262
4761. of the Revised Code;	31263

(m) Speech-language pathologists and audiologists licensed	31264
under Chapter 4753. of the Revised Code;	31265

(n) Professional clinical counselors, professional	31266
counselors, independent social workers, social workers,	31267
independent marriage and family therapists, and marriage and	31268
family therapists, licensed under Chapter 4757. of the Revised	31269
Code;	31270

(o) Psychologists licensed under Chapter 4732. of the Revised	31271
Code;	31272

(p) Independent chemical dependency counselors, chemical	31273
dependency counselors III, chemical dependency counselors II, and	31274
chemical dependency counselors I, licensed under Chapter 4758. of	31275
the Revised Code.	31276

(6) "Health care worker" means a person other than a health	31277
care professional who provides medical, dental, or other	31278
health-related care or treatment under the direction of a health	31279
care professional with the authority to direct that individual's	31280
activities, including medical technicians, medical assistants,	31281
dental assistants, orderlies, aides, and individuals acting in	31282
similar capacities.	31283

(7) "Indigent and uninsured person" means a person who meets	31284
all of the following requirements:	31285

(a) The person's income is not greater than two hundred per	31286
cent of the current poverty line as defined by the United States	31287
office of management and budget and revised in accordance with	31288
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	31289
95 Stat. 511, 42 U.S.C. 9902, as amended.	31290

(b) The person is not eligible ~~to receive medical assistance~~	31291
~~under Chapter 5111. of the Revised Code or assistance under~~for	31292
the medicaid program or any other governmental health care	31293
program.	31294

31295

(i) The person is not a policyholder, certificate holder,	31296
insured, contract holder, subscriber, enrollee, member,	31297
beneficiary, or other covered individual under a health insurance	31298
or health care policy, contract, or plan.	31299

(ii) The person is a policyholder, certificate holder,	31300
insured, contract holder, subscriber, enrollee, member,	31301
beneficiary, or other covered individual under a health insurance	31302
or health care policy, contract, or plan, but the insurer, policy,	31303
contract, or plan denies coverage or is the subject of insolvency	31304
or bankruptcy proceedings in any jurisdiction.	31305

(8) "Nonprofit health care referral organization" means an	31306
entity that is not operated for profit and refers patients to, or	31307
arranges for the provision of, health-related diagnosis, care, or	31308
treatment by a health care professional or health care worker.	31309

(9) "Operation" means any procedure that involves cutting or	31310
otherwise infiltrating human tissue by mechanical means, including	31311
surgery, laser surgery, ionizing radiation, therapeutic	31312
ultrasound, or the removal of intraocular foreign bodies.	31313
"Operation" does not include the administration of medication by	31314
injection, unless the injection is administered in conjunction	31315
with a procedure infiltrating human tissue by mechanical means	31316
other than the administration of medicine by injection.	31317
"Operation" does not include routine dental restorative	31318
procedures, the scaling of teeth, or extractions of teeth that are	31319
not impacted.	31320

(10) "Tort action" means a civil action for damages for	31321
injury, death, or loss to person or property other than a civil	31322
action for damages for a breach of contract or another agreement	31323
between persons or government entities.	31324

(11) "Volunteer" means an individual who provides any	31325
medical, dental, or other health-care related diagnosis, care, or	31326
treatment without the expectation of receiving and without receipt	31327
of any compensation or other form of remuneration from an indigent	31328
and uninsured person, another person on behalf of an indigent and	31329
uninsured person, any health care facility or location, any	31330
nonprofit health care referral organization, or any other person	31331
or government entity.	31332

(12) "Community control sanction" has the same meaning as in	31333
section 2929.01 of the Revised Code.	31334

(13) "Deep sedation" means a drug-induced depression of	31335
consciousness during which a patient cannot be easily aroused but	31336
responds purposefully following repeated or painful stimulation, a	31337
patient's ability to independently maintain ventilatory function	31338
may be impaired, a patient may require assistance in maintaining a	31339
patent airway and spontaneous ventilation may be inadequate, and	31340
cardiovascular function is usually maintained.	31341

(14) "General anesthesia" means a drug-induced loss of	31342
consciousness during which a patient is not arousable, even by	31343
painful stimulation, the ability to independently maintain	31344
ventilatory function is often impaired, a patient often requires	31345
assistance in maintaining a patent airway, positive pressure	31346
ventilation may be required because of depressed spontaneous	31347
ventilation or drug-induced depression of neuromuscular function,	31348
and cardiovascular function may be impaired.	31349

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	31350
health care professional who is a volunteer and complies with	31351
division (B)(2) of this section is not liable in damages to any	31352
person or government entity in a tort or other civil action,	31353
including an action on a medical, dental, chiropractic,	31354
optometric, or other health-related claim, for injury, death, or	31355
loss to person or property that allegedly arises from an action or	31356
omission of the volunteer in the provision to an indigent and	31357
uninsured person of medical, dental, or other health-related	31358
diagnosis, care, or treatment, including the provision of samples	31359
of medicine and other medical products, unless the action or	31360
omission constitutes willful or wanton misconduct.	31361

(2) To qualify for the immunity described in division (B)(1)	31362
of this section, a health care professional shall do all of the	31363
following prior to providing diagnosis, care, or treatment:	31364

(a) Determine, in good faith, that the indigent and uninsured	31365
person is mentally capable of giving informed consent to the	31366
provision of the diagnosis, care, or treatment and is not subject	31367
to duress or under undue influence;	31368

(b) Inform the person of the provisions of this section,	31369
including notifying the person that, by giving informed consent to	31370
the provision of the diagnosis, care, or treatment, the person	31371
cannot hold the health care professional liable for damages in a	31372
tort or other civil action, including an action on a medical,	31373
dental, chiropractic, optometric, or other health-related claim,	31374
unless the action or omission of the health care professional	31375
constitutes willful or wanton misconduct;	31376

(c) Obtain the informed consent of the person and a written	31377
waiver, signed by the person or by another individual on behalf of	31378
and in the presence of the person, that states that the person is	31379
mentally competent to give informed consent and, without being	31380
subject to duress or under undue influence, gives informed consent	31381
to the provision of the diagnosis, care, or treatment subject to	31382
the provisions of this section. A written waiver under division	31383
(B)(2)(c) of this section shall state clearly and in conspicuous	31384
type that the person or other individual who signs the waiver is	31385
signing it with full knowledge that, by giving informed consent to	31386
the provision of the diagnosis, care, or treatment, the person	31387
cannot bring a tort or other civil action, including an action on	31388
a medical, dental, chiropractic, optometric, or other	31389
health-related claim, against the health care professional unless	31390
the action or omission of the health care professional constitutes	31391
willful or wanton misconduct.	31392

(3) A physician or podiatrist who is not covered by medical	31393
malpractice insurance, but complies with division (B)(2) of this	31394
section, is not required to comply with division (A) of section	31395
4731.143 of the Revised Code.	31396

(C) Subject to divisions (F) and (G)(3) of this section,	31397
health care workers who are volunteers are not liable in damages	31398
to any person or government entity in a tort or other civil	31399
action, including an action upon a medical, dental, chiropractic,	31400
optometric, or other health-related claim, for injury, death, or	31401
loss to person or property that allegedly arises from an action or	31402
omission of the health care worker in the provision to an indigent	31403
and uninsured person of medical, dental, or other health-related	31404
diagnosis, care, or treatment, unless the action or omission	31405
constitutes willful or wanton misconduct.	31406

(D) Subject to divisions (F) and (G)(3) of this section, a	31407
nonprofit health care referral organization is not liable in	31408
damages to any person or government entity in a tort or other	31409
civil action, including an action on a medical, dental,	31410
chiropractic, optometric, or other health-related claim, for	31411
injury, death, or loss to person or property that allegedly arises	31412
from an action or omission of the nonprofit health care referral	31413
organization in referring indigent and uninsured persons to, or	31414
arranging for the provision of, medical, dental, or other	31415
health-related diagnosis, care, or treatment by a health care	31416
professional described in division (B)(1) of this section or a	31417
health care worker described in division (C) of this section,	31418
unless the action or omission constitutes willful or wanton	31419
misconduct.	31420

(E) Subject to divisions (F) and (G)(3) of this section and	31421
to the extent that the registration requirements of section	31422
3701.071 of the Revised Code apply, a health care facility or	31423
location associated with a health care professional described in	31424
division (B)(1) of this section, a health care worker described in	31425
division (C) of this section, or a nonprofit health care referral	31426
organization described in division (D) of this section is not	31427
liable in damages to any person or government entity in a tort or	31428
other civil action, including an action on a medical, dental,	31429
chiropractic, optometric, or other health-related claim, for	31430
injury, death, or loss to person or property that allegedly arises	31431
from an action or omission of the health care professional or	31432
worker or nonprofit health care referral organization relative to	31433
the medical, dental, or other health-related diagnosis, care, or	31434
treatment provided to an indigent and uninsured person on behalf	31435
of or at the health care facility or location, unless the action	31436
or omission constitutes willful or wanton misconduct.	31437

(F)(1) Except as provided in division (F)(2) of this section,	31438
the immunities provided by divisions (B), (C), (D), and (E) of	31439
this section are not available to a health care professional,	31440
health care worker, nonprofit health care referral organization,	31441
or health care facility or location if, at the time of an alleged	31442
injury, death, or loss to person or property, the health care	31443
professionals or health care workers involved are providing one of	31444
the following:	31445

(a) Any medical, dental, or other health-related diagnosis,	31446
care, or treatment pursuant to a community service work order	31447
entered by a court under division (B) of section 2951.02 of the	31448
Revised Code or imposed by a court as a community control	31449
sanction;	31450

(b) Performance of an operation to which any one of the	31451
following applies:	31452

(i) The operation requires the administration of deep	31453
sedation or general anesthesia.	31454

(ii) The operation is a procedure that is not typically	31455
performed in an office.	31456

(iii) The individual involved is a health care professional,	31457
and the operation is beyond the scope of practice or the	31458
education, training, and competence, as applicable, of the health	31459
care professional.	31460

(c) Delivery of a baby or any other purposeful termination of	31461
a human pregnancy.	31462

(2) Division (F)(1) of this section does not apply when a	31463
health care professional or health care worker provides medical,	31464
dental, or other health-related diagnosis, care, or treatment that	31465
is necessary to preserve the life of a person in a medical	31466
emergency.	31467

(G)(1) This section does not create a new cause of action or	31468
substantive legal right against a health care professional, health	31469
care worker, nonprofit health care referral organization, or	31470
health care facility or location.	31471

(2) This section does not affect any immunities from civil	31472
liability or defenses established by another section of the	31473
Revised Code or available at common law to which a health care	31474
professional, health care worker, nonprofit health care referral	31475
organization, or health care facility or location may be entitled	31476
in connection with the provision of emergency or other medical,	31477
dental, or other health-related diagnosis, care, or treatment.	31478

(3) This section does not grant an immunity from tort or	31479
other civil liability to a health care professional, health care	31480
worker, nonprofit health care referral organization, or health	31481
care facility or location for actions that are outside the scope	31482
of authority of health care professionals or health care workers.	31483

(4) This section does not affect any legal responsibility of	31484
a health care professional, health care worker, or nonprofit	31485
health care referral organization to comply with any applicable	31486
law of this state or rule of an agency of this state.	31487

(5) This section does not affect any legal responsibility of	31488
a health care facility or location to comply with any applicable	31489
law of this state, rule of an agency of this state, or local code,	31490
ordinance, or regulation that pertains to or regulates building,	31491
housing, air pollution, water pollution, sanitation, health, fire,	31492
zoning, or safety.	31493

Sec. 2307.65. (A) The attorney general may bring a civil	31494
action in the Franklin county court of common pleas on behalf of	31495
the department of ~~job and family services~~medicaid, and the	31496
prosecuting attorney of the county in which a violation of	31497
division (B) of section 2913.401 of the Revised Code occurs may	31498
bring a civil action in the court of common pleas of that county	31499
on behalf of the county department of job and family services,	31500
against a person who violates division (B) of section 2913.401 of	31501
the Revised Code for the recovery of the amount of benefits paid	31502
on behalf of a person that either department would not have paid	31503
but for the violation minus any amounts paid in restitution under	31504
division (C)(2) of section 2913.401 of the Revised Code and for	31505
reasonable attorney's fees and all other fees and costs of	31506
litigation.	31507

(B) In a civil action brought under division (A) of this	31508
section, if the defendant failed to disclose a transfer of	31509
property in violation of division (B)(3) of section 2913.401 of	31510
the Revised Code, the court may also grant any of the following	31511
relief to the extent permitted by the "Social Security Act,"	31512
section 1917, 42 U.S.C. 1396p:	31513

(1) Avoidance of the transfer of property that was not	31514
disclosed in violation of division (B)(3) of section 2913.401 of	31515
the Revised Code to the extent of the amount of benefits the	31516
department would not have paid but for the violation;	31517

(2) An order of attachment or garnishment against the	31518
property in accordance with Chapter 2715. or 2716. of the Revised	31519
Code;	31520

(3) An injunction against any further disposition by the	31521
transferor or transferee, or both, of the property the transfer of	31522
which was not disclosed in violation of division (B)(3) of section	31523
2913.401 of the Revised Code or against the disposition of other	31524
property by the transferor or transferee;	31525

(4) Appointment of a receiver to take charge of the property	31526
transferred or of other property of the transferee;	31527

(5) Any other relief that the court considers just and	31528
equitable.	31529

(C) To the extent permitted by the "Social Security Act,"	31530
section 1917, 42 U.S.C. 1396p, the department of ~~job and family~~	31531
~~services~~medicaid or the county department of job and family	31532
services may enforce a judgment obtained under this section by	31533
levying on property the transfer of which was not disclosed in	31534
violation of division (B)(3) of section 2913.401 of the Revised	31535
Code or on the proceeds of the transfer of that property in	31536
accordance with Chapter 2329. of the Revised Code.	31537

(D) The remedies provided in divisions (B) and (C) of this	31538
section do not apply if the transferee of the property the	31539
transfer of which was not disclosed in violation of division	31540
(B)(3) of section 2913.401 of the Revised Code acquired the	31541
property in good faith and for fair market value.	31542

(E) The remedies provided in this section are not exclusive	31543
and do not preclude the use of any other criminal or civil remedy	31544
for any act that is in violation of section 2913.401 of the	31545
Revised Code.	31546

(F) Amounts of medicaid ~~benefits~~services paid and recovered	31547
in an action brought under this section shall be credited to the	31548
general revenue fund, and any applicable federal share shall be	31549
returned to the appropriate agency or department of the United	31550
States.	31551

Sec. 2317.02. The following persons shall not testify in	31552
certain respects:	31553

(A)(1) An attorney, concerning a communication made to the	31554
attorney by a client in that relation or concerning the attorney's	31555
advice to a client, except that the attorney may testify by	31556
express consent of the client or, if the client is deceased, by	31557
the express consent of the surviving spouse or the executor or	31558
administrator of the estate of the deceased client. However, if	31559
the client voluntarily reveals the substance of attorney-client	31560
communications in a nonprivileged context or is deemed by section	31561
2151.421 of the Revised Code to have waived any testimonial	31562
privilege under this division, the attorney may be compelled to	31563
testify on the same subject.	31564

The testimonial privilege established under this division	31565
does not apply concerning a communication between a client who has	31566
since died and the deceased client's attorney if the communication	31567
is relevant to a dispute between parties who claim through that	31568
deceased client, regardless of whether the claims are by testate	31569
or intestate succession or by inter vivos transaction, and the	31570
dispute addresses the competency of the deceased client when the	31571
deceased client executed a document that is the basis of the	31572
dispute or whether the deceased client was a victim of fraud,	31573
undue influence, or duress when the deceased client executed a	31574
document that is the basis of the dispute.	31575

(2) An attorney, concerning a communication made to the	31576
attorney by a client in that relationship or the attorney's advice	31577
to a client, except that if the client is an insurance company,	31578
the attorney may be compelled to testify, subject to an in camera	31579
inspection by a court, about communications made by the client to	31580
the attorney or by the attorney to the client that are related to	31581
the attorney's aiding or furthering an ongoing or future	31582
commission of bad faith by the client, if the party seeking	31583
disclosure of the communications has made a prima-facie showing of	31584
bad faith, fraud, or criminal misconduct by the client.	31585

(B)(1) A physician or a dentist concerning a communication	31586
made to the physician or dentist by a patient in that relation or	31587
the physician's or dentist's advice to a patient, except as	31588
otherwise provided in this division, division (B)(2), and division	31589
(B)(3) of this section, and except that, if the patient is deemed	31590
by section 2151.421 of the Revised Code to have waived any	31591
testimonial privilege under this division, the physician may be	31592
compelled to testify on the same subject.	31593

The testimonial privilege established under this division	31594
does not apply, and a physician or dentist may testify or may be	31595
compelled to testify, in any of the following circumstances:	31596

(a) In any civil action, in accordance with the discovery	31597
provisions of the Rules of Civil Procedure in connection with a	31598
civil action, or in connection with a claim under Chapter 4123. of	31599
the Revised Code, under any of the following circumstances:	31600

(i) If the patient or the guardian or other legal	31601
representative of the patient gives express consent;	31602

(ii) If the patient is deceased, the spouse of the patient or	31603
the executor or administrator of the patient's estate gives	31604
express consent;	31605

(iii) If a medical claim, dental claim, chiropractic claim,	31606
or optometric claim, as defined in section 2305.113 of the Revised	31607
Code, an action for wrongful death, any other type of civil	31608
action, or a claim under Chapter 4123. of the Revised Code is	31609
filed by the patient, the personal representative of the estate of	31610
the patient if deceased, or the patient's guardian or other legal	31611
representative.	31612

(b) In any civil action concerning court-ordered treatment or	31613
services received by a patient, if the court-ordered treatment or	31614
services were ordered as part of a case plan journalized under	31615
section 2151.412 of the Revised Code or the court-ordered	31616
treatment or services are necessary or relevant to dependency,	31617
neglect, or abuse or temporary or permanent custody proceedings	31618
under Chapter 2151. of the Revised Code.	31619

(c) In any criminal action concerning any test or the results	31620
of any test that determines the presence or concentration of	31621
alcohol, a drug of abuse, a combination of them, a controlled	31622
substance, or a metabolite of a controlled substance in the	31623
patient's whole blood, blood serum or plasma, breath, urine, or	31624
other bodily substance at any time relevant to the criminal	31625
offense in question.	31626

(d) In any criminal action against a physician or dentist. In	31627
such an action, the testimonial privilege established under this	31628
division does not prohibit the admission into evidence, in	31629
accordance with the Rules of Evidence, of a patient's medical or	31630
dental records or other communications between a patient and the	31631
physician or dentist that are related to the action and obtained	31632
by subpoena, search warrant, or other lawful means. A court that	31633
permits or compels a physician or dentist to testify in such an	31634
action or permits the introduction into evidence of patient	31635
records or other communications in such an action shall require	31636
that appropriate measures be taken to ensure that the	31637
confidentiality of any patient named or otherwise identified in	31638
the records is maintained. Measures to ensure confidentiality that	31639
may be taken by the court include sealing its records or deleting	31640
specific information from its records.	31641

(e)(i) If the communication was between a patient who has	31642
since died and the deceased patient's physician or dentist, the	31643
communication is relevant to a dispute between parties who claim	31644
through that deceased patient, regardless of whether the claims	31645
are by testate or intestate succession or by inter vivos	31646
transaction, and the dispute addresses the competency of the	31647
deceased patient when the deceased patient executed a document	31648
that is the basis of the dispute or whether the deceased patient	31649
was a victim of fraud, undue influence, or duress when the	31650
deceased patient executed a document that is the basis of the	31651
dispute.	31652

(ii) If neither the spouse of a patient nor the executor or	31653
administrator of that patient's estate gives consent under	31654
division (B)(1)(a)(ii) of this section, testimony or the	31655
disclosure of the patient's medical records by a physician,	31656
dentist, or other health care provider under division (B)(1)(e)(i)	31657
of this section is a permitted use or disclosure of protected	31658
health information, as defined in 45 C.F.R. 160.103, and an	31659
authorization or opportunity to be heard shall not be required.	31660

(iii) Division (B)(1)(e)(i) of this section does not require	31661
a mental health professional to disclose psychotherapy notes, as	31662
defined in 45 C.F.R. 164.501.	31663

(iv) An interested person who objects to testimony or	31664
disclosure under division (B)(1)(e)(i) of this section may seek a	31665
protective order pursuant to Civil Rule 26.	31666

(v) A person to whom protected health information is	31667
disclosed under division (B)(1)(e)(i) of this section shall not	31668
use or disclose the protected health information for any purpose	31669
other than the litigation or proceeding for which the information	31670
was requested and shall return the protected health information to	31671
the covered entity or destroy the protected health information,	31672
including all copies made, at the conclusion of the litigation or	31673
proceeding.	31674

(2)(a) If any law enforcement officer submits a written	31675
statement to a health care provider that states that an official	31676
criminal investigation has begun regarding a specified person or	31677
that a criminal action or proceeding has been commenced against a	31678
specified person, that requests the provider to supply to the	31679
officer copies of any records the provider possesses that pertain	31680
to any test or the results of any test administered to the	31681
specified person to determine the presence or concentration of	31682
alcohol, a drug of abuse, a combination of them, a controlled	31683
substance, or a metabolite of a controlled substance in the	31684
person's whole blood, blood serum or plasma, breath, or urine at	31685
any time relevant to the criminal offense in question, and that	31686
conforms to section 2317.022 of the Revised Code, the provider,	31687
except to the extent specifically prohibited by any law of this	31688
state or of the United States, shall supply to the officer a copy	31689
of any of the requested records the provider possesses. If the	31690
health care provider does not possess any of the requested	31691
records, the provider shall give the officer a written statement	31692
that indicates that the provider does not possess any of the	31693
requested records.	31694

(b) If a health care provider possesses any records of the	31695
type described in division (B)(2)(a) of this section regarding the	31696
person in question at any time relevant to the criminal offense in	31697
question, in lieu of personally testifying as to the results of	31698
the test in question, the custodian of the records may submit a	31699
certified copy of the records, and, upon its submission, the	31700
certified copy is qualified as authentic evidence and may be	31701
admitted as evidence in accordance with the Rules of Evidence.	31702
Division (A) of section 2317.422 of the Revised Code does not	31703
apply to any certified copy of records submitted in accordance	31704
with this division. Nothing in this division shall be construed to	31705
limit the right of any party to call as a witness the person who	31706
administered the test to which the records pertain, the person	31707
under whose supervision the test was administered, the custodian	31708
of the records, the person who made the records, or the person	31709
under whose supervision the records were made.	31710

(3)(a) If the testimonial privilege described in division	31711
(B)(1) of this section does not apply as provided in division	31712
(B)(1)(a)(iii) of this section, a physician or dentist may be	31713
compelled to testify or to submit to discovery under the Rules of	31714
Civil Procedure only as to a communication made to the physician	31715
or dentist by the patient in question in that relation, or the	31716
physician's or dentist's advice to the patient in question, that	31717
related causally or historically to physical or mental injuries	31718
that are relevant to issues in the medical claim, dental claim,	31719
chiropractic claim, or optometric claim, action for wrongful	31720
death, other civil action, or claim under Chapter 4123. of the	31721
Revised Code.	31722

(b) If the testimonial privilege described in division (B)(1)	31723
of this section does not apply to a physician or dentist as	31724
provided in division (B)(1)(c) of this section, the physician or	31725
dentist, in lieu of personally testifying as to the results of the	31726
test in question, may submit a certified copy of those results,	31727
and, upon its submission, the certified copy is qualified as	31728
authentic evidence and may be admitted as evidence in accordance	31729
with the Rules of Evidence. Division (A) of section 2317.422 of	31730
the Revised Code does not apply to any certified copy of results	31731
submitted in accordance with this division. Nothing in this	31732
division shall be construed to limit the right of any party to	31733
call as a witness the person who administered the test in	31734
question, the person under whose supervision the test was	31735
administered, the custodian of the results of the test, the person	31736
who compiled the results, or the person under whose supervision	31737
the results were compiled.	31738

(4) The testimonial privilege described in division (B)(1) of	31739
this section is not waived when a communication is made by a	31740
physician to a pharmacist or when there is communication between a	31741
patient and a pharmacist in furtherance of the physician-patient	31742
relation.	31743

(5)(a) As used in divisions (B)(1) to (4) of this section,	31744
"communication" means acquiring, recording, or transmitting any	31745
information, in any manner, concerning any facts, opinions, or	31746
statements necessary to enable a physician or dentist to diagnose,	31747
treat, prescribe, or act for a patient. A "communication" may	31748
include, but is not limited to, any medical or dental, office, or	31749
hospital communication such as a record, chart, letter,	31750
memorandum, laboratory test and results, x-ray, photograph,	31751
financial statement, diagnosis, or prognosis.	31752

(b) As used in division (B)(2) of this section, "health care	31753
provider" means a hospital, ambulatory care facility, long-term	31754
care facility, pharmacy, emergency facility, or health care	31755
practitioner.	31756

31757

(i) "Ambulatory care facility" means a facility that provides	31758
medical, diagnostic, or surgical treatment to patients who do not	31759
require hospitalization, including a dialysis center, ambulatory	31760
surgical facility, cardiac catheterization facility, diagnostic	31761
imaging center, extracorporeal shock wave lithotripsy center, home	31762
health agency, inpatient hospice, birthing center, radiation	31763
therapy center, emergency facility, and an urgent care center.	31764
"Ambulatory health care facility" does not include the private	31765
office of a physician or dentist, whether the office is for an	31766
individual or group practice.	31767

(ii) "Emergency facility" means a hospital emergency	31768
department or any other facility that provides emergency medical	31769
services.	31770

(iii) "Health care practitioner" has the same meaning as in	31771
section 4769.01 of the Revised Code.	31772

(iv) "Hospital" has the same meaning as in section 3727.01 of	31773
the Revised Code.	31774

(v) "Long-term care facility" means a nursing home,	31775
residential care facility, or home for the aging, as those terms	31776
are defined in section 3721.01 of the Revised Code; a residential	31777
facility licensed under section ~~5119.22~~5119.34 of the Revised	31778
Code that provides accommodations, supervision, and personal care	31779
services for three to sixteen unrelated adults; a nursing facility	31780
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	31781
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	31782
a ~~facility or portion of a facility certified as a~~ skilled	31783
nursing facility ~~under Title XVIII of the "Social Security Act,"~~	31784
~~49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in	31785
section 5165.01 of the Revised Code; and an intermediate care	31786
facility for the mentally retarded, as defined in section 5124.01	31787
of the Revised Code.	31788

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	31789
the Revised Code.	31790

(d) As used in divisions (B)(1) and (2) of this section,	31791
"drug of abuse" has the same meaning as in section 4506.01 of the	31792
Revised Code.	31793

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	31794
apply to doctors of medicine, doctors of osteopathic medicine,	31795
doctors of podiatry, and dentists.	31796

(7) Nothing in divisions (B)(1) to (6) of this section	31797
affects, or shall be construed as affecting, the immunity from	31798
civil liability conferred by section 307.628 of the Revised Code	31799
or the immunity from civil liability conferred by section 2305.33	31800
of the Revised Code upon physicians who report an employee's use	31801
of a drug of abuse, or a condition of an employee other than one	31802
involving the use of a drug of abuse, to the employer of the	31803
employee in accordance with division (B) of that section. As used	31804
in division (B)(7) of this section, "employee," "employer," and	31805
"physician" have the same meanings as in section 2305.33 of the	31806
Revised Code.	31807

(C)(1) A cleric, when the cleric remains accountable to the	31808
authority of that cleric's church, denomination, or sect,	31809
concerning a confession made, or any information confidentially	31810
communicated, to the cleric for a religious counseling purpose in	31811
the cleric's professional character. The cleric may testify by	31812
express consent of the person making the communication, except	31813
when the disclosure of the information is in violation of a sacred	31814
trust and except that, if the person voluntarily testifies or is	31815
deemed by division (A)(4)(c) of section 2151.421 of the Revised	31816
Code to have waived any testimonial privilege under this division,	31817
the cleric may be compelled to testify on the same subject except	31818
when disclosure of the information is in violation of a sacred	31819
trust.	31820

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

31821

(a) "Cleric" means a member of the clergy, rabbi, priest,	31822
Christian Science practitioner, or regularly ordained, accredited,	31823
or licensed minister of an established and legally cognizable	31824
church, denomination, or sect.	31825

(b) "Sacred trust" means a confession or confidential	31826
communication made to a cleric in the cleric's ecclesiastical	31827
capacity in the course of discipline enjoined by the church to	31828
which the cleric belongs, including, but not limited to, the	31829
Catholic Church, if both of the following apply:	31830

(i) The confession or confidential communication was made	31831
directly to the cleric.	31832

(ii) The confession or confidential communication was made in	31833
the manner and context that places the cleric specifically and	31834
strictly under a level of confidentiality that is considered	31835
inviolate by canon law or church doctrine.	31836

(D) Husband or wife, concerning any communication made by one	31837
to the other, or an act done by either in the presence of the	31838
other, during coverture, unless the communication was made, or act	31839
done, in the known presence or hearing of a third person competent	31840
to be a witness; and such rule is the same if the marital relation	31841
has ceased to exist;	31842

(E) A person who assigns a claim or interest, concerning any	31843
matter in respect to which the person would not, if a party, be	31844
permitted to testify;	31845

(F) A person who, if a party, would be restricted under	31846
section 2317.03 of the Revised Code, when the property or thing is	31847
sold or transferred by an executor, administrator, guardian,	31848
trustee, heir, devisee, or legatee, shall be restricted in the	31849
same manner in any action or proceeding concerning the property or	31850
thing.	31851

(G)(1) A school guidance counselor who holds a valid educator	31852
license from the state board of education as provided for in	31853
section 3319.22 of the Revised Code, a person licensed under	31854
Chapter 4757. of the Revised Code as a professional clinical	31855
counselor, professional counselor, social worker, independent	31856
social worker, marriage and family therapist or independent	31857
marriage and family therapist, or registered under Chapter 4757.	31858
of the Revised Code as a social work assistant concerning a	31859
confidential communication received from a client in that relation	31860
or the person's advice to a client unless any of the following	31861
applies:	31862

(a) The communication or advice indicates clear and present	31863
danger to the client or other persons. For the purposes of this	31864
division, cases in which there are indications of present or past	31865
child abuse or neglect of the client constitute a clear and	31866
present danger.	31867

(b) The client gives express consent to the testimony.

31868

(c) If the client is deceased, the surviving spouse or the	31869
executor or administrator of the estate of the deceased client	31870
gives express consent.	31871

(d) The client voluntarily testifies, in which case the	31872
school guidance counselor or person licensed or registered under	31873
Chapter 4757. of the Revised Code may be compelled to testify on	31874
the same subject.	31875

(e) The court in camera determines that the information	31876
communicated by the client is not germane to the counselor-client,	31877
marriage and family therapist-client, or social worker-client	31878
relationship.	31879

(f) A court, in an action brought against a school, its	31880
administration, or any of its personnel by the client, rules after	31881
an in-camera inspection that the testimony of the school guidance	31882
counselor is relevant to that action.	31883

(g) The testimony is sought in a civil action and concerns	31884
court-ordered treatment or services received by a patient as part	31885
of a case plan journalized under section 2151.412 of the Revised	31886
Code or the court-ordered treatment or services are necessary or	31887
relevant to dependency, neglect, or abuse or temporary or	31888
permanent custody proceedings under Chapter 2151. of the Revised	31889
Code.	31890

(2) Nothing in division (G)(1) of this section shall relieve	31891
a school guidance counselor or a person licensed or registered	31892
under Chapter 4757. of the Revised Code from the requirement to	31893
report information concerning child abuse or neglect under section	31894
2151.421 of the Revised Code.	31895

(H) A mediator acting under a mediation order issued under	31896
division (A) of section 3109.052 of the Revised Code or otherwise	31897
issued in any proceeding for divorce, dissolution, legal	31898
separation, annulment, or the allocation of parental rights and	31899
responsibilities for the care of children, in any action or	31900
proceeding, other than a criminal, delinquency, child abuse, child	31901
neglect, or dependent child action or proceeding, that is brought	31902
by or against either parent who takes part in mediation in	31903
accordance with the order and that pertains to the mediation	31904
process, to any information discussed or presented in the	31905
mediation process, to the allocation of parental rights and	31906
responsibilities for the care of the parents' children, or to the	31907
awarding of parenting time rights in relation to their children;	31908

(I) A communications assistant, acting within the scope of	31909
the communication assistant's authority, when providing	31910
telecommunications relay service pursuant to section 4931.06 of	31911
the Revised Code or Title II of the "Communications Act of 1934,"	31912
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	31913
made through a telecommunications relay service. Nothing in this	31914
section shall limit the obligation of a communications assistant	31915
to divulge information or testify when mandated by federal law or	31916
regulation or pursuant to subpoena in a criminal proceeding.	31917

Nothing in this section shall limit any immunity or privilege	31918
granted under federal law or regulation.	31919

(J)(1) A chiropractor in a civil proceeding concerning a	31920
communication made to the chiropractor by a patient in that	31921
relation or the chiropractor's advice to a patient, except as	31922
otherwise provided in this division. The testimonial privilege	31923
established under this division does not apply, and a chiropractor	31924
may testify or may be compelled to testify, in any civil action,	31925
in accordance with the discovery provisions of the Rules of Civil	31926
Procedure in connection with a civil action, or in connection with	31927
a claim under Chapter 4123. of the Revised Code, under any of the	31928
following circumstances:	31929

(a) If the patient or the guardian or other legal	31930
representative of the patient gives express consent.	31931

(b) If the patient is deceased, the spouse of the patient or	31932
the executor or administrator of the patient's estate gives	31933
express consent.	31934

(c) If a medical claim, dental claim, chiropractic claim, or	31935
optometric claim, as defined in section 2305.113 of the Revised	31936
Code, an action for wrongful death, any other type of civil	31937
action, or a claim under Chapter 4123. of the Revised Code is	31938
filed by the patient, the personal representative of the estate of	31939
the patient if deceased, or the patient's guardian or other legal	31940
representative.	31941

(2) If the testimonial privilege described in division (J)(1)	31942
of this section does not apply as provided in division (J)(1)(c)	31943
of this section, a chiropractor may be compelled to testify or to	31944
submit to discovery under the Rules of Civil Procedure only as to	31945
a communication made to the chiropractor by the patient in	31946
question in that relation, or the chiropractor's advice to the	31947
patient in question, that related causally or historically to	31948
physical or mental injuries that are relevant to issues in the	31949
medical claim, dental claim, chiropractic claim, or optometric	31950
claim, action for wrongful death, other civil action, or claim	31951
under Chapter 4123. of the Revised Code.	31952

(3) The testimonial privilege established under this division	31953
does not apply, and a chiropractor may testify or be compelled to	31954
testify, in any criminal action or administrative proceeding.	31955

(4) As used in this division, "communication" means	31956
acquiring, recording, or transmitting any information, in any	31957
manner, concerning any facts, opinions, or statements necessary to	31958
enable a chiropractor to diagnose, treat, or act for a patient. A	31959
communication may include, but is not limited to, any	31960
chiropractic, office, or hospital communication such as a record,	31961
chart, letter, memorandum, laboratory test and results, x-ray,	31962
photograph, financial statement, diagnosis, or prognosis.	31963

(K)(1) Except as provided under division (K)(2) of this	31964
section, a critical incident stress management team member	31965
concerning a communication received from an individual who	31966
receives crisis response services from the team member, or the	31967
team member's advice to the individual, during a debriefing	31968
session.	31969

(2) The testimonial privilege established under division	31970
(K)(1) of this section does not apply if any of the following are	31971
true:	31972

(a) The communication or advice indicates clear and present	31973
danger to the individual who receives crisis response services or	31974
to other persons. For purposes of this division, cases in which	31975
there are indications of present or past child abuse or neglect of	31976
the individual constitute a clear and present danger.	31977

(b) The individual who received crisis response services	31978
gives express consent to the testimony.	31979

(c) If the individual who received crisis response services	31980
is deceased, the surviving spouse or the executor or administrator	31981
of the estate of the deceased individual gives express consent.	31982

(d) The individual who received crisis response services	31983
voluntarily testifies, in which case the team member may be	31984
compelled to testify on the same subject.	31985

(e) The court in camera determines that the information	31986
communicated by the individual who received crisis response	31987
services is not germane to the relationship between the individual	31988
and the team member.	31989

(f) The communication or advice pertains or is related to any	31990
criminal act.	31991

(3) As used in division (K) of this section:

31992

(a) "Crisis response services" means consultation, risk	31993
assessment, referral, and on-site crisis intervention services	31994
provided by a critical incident stress management team to	31995
individuals affected by crisis or disaster.	31996

(b) "Critical incident stress management team member" or	31997
"team member" means an individual specially trained to provide	31998
crisis response services as a member of an organized community or	31999
local crisis response team that holds membership in the Ohio	32000
critical incident stress management network.	32001

(c) "Debriefing session" means a session at which crisis	32002
response services are rendered by a critical incident stress	32003
management team member during or after a crisis or disaster.	32004

(L)(1) Subject to division (L)(2) of this section and except	32005
as provided in division (L)(3) of this section, an employee	32006
assistance professional, concerning a communication made to the	32007
employee assistance professional by a client in the employee	32008
assistance professional's official capacity as an employee	32009
assistance professional.	32010

(2) Division (L)(1) of this section applies to an employee	32011
assistance professional who meets either or both of the following	32012
requirements:	32013

(a) Is certified by the employee assistance certification	32014
commission to engage in the employee assistance profession;	32015

(b) Has education, training, and experience in all of the	32016
following:	32017

(i) Providing workplace-based services designed to address	32018
employer and employee productivity issues;	32019

(ii) Providing assistance to employees and employees'	32020
dependents in identifying and finding the means to resolve	32021
personal problems that affect the employees or the employees'	32022
performance;	32023

(iii) Identifying and resolving productivity problems	32024
associated with an employee's concerns about any of the following	32025
matters: health, marriage, family, finances, substance abuse or	32026
other addiction, workplace, law, and emotional issues;	32027

(iv) Selecting and evaluating available community resources;

32028

(v) Making appropriate referrals;

32029

(vi) Local and national employee assistance agreements;

32030

(vii) Client confidentiality.

32031

(3) Division (L)(1) of this section does not apply to any of	32032
the following:	32033

(a) A criminal action or proceeding involving an offense	32034
under sections 2903.01 to 2903.06 of the Revised Code if the	32035
employee assistance professional's disclosure or testimony relates	32036
directly to the facts or immediate circumstances of the offense;	32037

(b) A communication made by a client to an employee	32038
assistance professional that reveals the contemplation or	32039
commission of a crime or serious, harmful act;	32040

(c) A communication that is made by a client who is an	32041
unemancipated minor or an adult adjudicated to be incompetent and	32042
indicates that the client was the victim of a crime or abuse;	32043

(d) A civil proceeding to determine an individual's mental	32044
competency or a criminal action in which a plea of not guilty by	32045
reason of insanity is entered;	32046

(e) A civil or criminal malpractice action brought against	32047
the employee assistance professional;	32048

(f) When the employee assistance professional has the express	32049
consent of the client or, if the client is deceased or disabled,	32050
the client's legal representative;	32051

(g) When the testimonial privilege otherwise provided by	32052
division (L)(1) of this section is abrogated under law.	32053

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	32054
2317.41 of the Revised Code but subject to division (B) of this	32055
section, the records, or copies or photographs of the records, of	32056
a hospital, homes required to be licensed pursuant to section	32057
3721.01 of the Revised Code, and residential facilities licensed	32058
pursuant to section ~~5119.22~~5119.34 of the Revised Code that	32059
provides accommodations, supervision, and personal care services	32060
for three to sixteen unrelated adults, in lieu of the testimony in	32061
open court of their custodian, person who made them, or person	32062
under whose supervision they were made, may be qualified as	32063
authentic evidence if any such person endorses thereon the	32064
person's verified certification identifying such records, giving	32065
the mode and time of their preparation, and stating that they were	32066
prepared in the usual course of the business of the institution.	32067
Such records, copies, or photographs may not be qualified by	32068
certification as provided in this section unless the party	32069
intending to offer them delivers a copy of them, or of their	32070
relevant portions, to the attorney of record for each adverse	32071
party not less than five days before trial. Nothing in this	32072
section shall be construed to limit the right of any party to call	32073
the custodian, person who made such records, or person under whose	32074
supervision they were made, as a witness.	32075

(B) Division (A) of this section does not apply to any	32076
certified copy of the results of any test given to determine the	32077
presence or concentration of alcohol, a drug of abuse, a	32078
combination of them, a controlled substance, or a metabolite of a	32079
controlled substance in a patient's whole blood, blood serum or	32080
plasma, breath, or urine at any time relevant to a criminal	32081
offense that is submitted in a criminal action or proceeding in	32082
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	32083
of the Revised Code.	32084

Sec. 2329.192. (A) As used in this section:

32085

(1) "State lien" means a lien upon real estate, including	32086
lands and tenements, of persons indebted to the state for debt,	32087
taxes, or in any other manner recorded by a state agency in any	32088
office of the clerk of a county court or the county recorder.	32089

(2) "State lienholder" means the department, agency, or other	32090
division of the state in whose name a state lien has been filed or	32091
recorded.	32092

(B) In every action seeking the judicial sale of real estate	32093
that is subject to a state lien, all of the following apply:	32094

(1) The party seeking a judicial sale shall include the state	32095
lienholder as a party defendant and shall serve that state	32096
lienholder with a copy of the preliminary judicial report or	32097
commitment for an owner's fee policy of title insurance filed in	32098
accordance with section 2329.191 of the Revised Code.	32099

(2) A state lienholder shall not be made a party defendant if	32100
no state lien has been recorded against the owner of the real	32101
estate for which the judicial sale is sought.	32102

(3) The appearance of the state lienholder shall be presumed	32103
for purposes of jurisdiction, and the court shall take judicial	32104
notice that the state has a lien against the real estate.	32105

(4) A state lienholder may, but is not required to, file an	32106
answer to the complaint or any other pleading in the action if the	32107
amount, validity, or priority of the state lien is not identified	32108
in the pleadings as disputed and shall file an answer to the	32109
complaint or any other pleading in the action if the amount,	32110
validity, or priority of the state lien is identified in the	32111
pleadings as disputed. If a state lien is not identified as	32112
disputed, unless the state files an answer or other responsive	32113
pleading, the party seeking the judicial sale is not required to	32114
serve the state lienholder with any answer or subsequent pleadings	32115
in the action for judicial sale.	32116

(5) As part of any order confirming the sale of the real	32117
estate that is subject to any undisputed state lien or	32118
distributing the proceeds of any judicial sale of real estate, the	32119
undisputed state lien shall be protected as if the state had	32120
appeared in the action and filed an answer asserting the validity	32121
of the state lien as recorded in the office of the clerk of the	32122
county court or the office of the county recorder.	32123

(6) Any party asserting a dispute as to the amount, validity,	32124
or priority of the state lien or of any lien or other interest	32125
that has priority over the state lien shall serve the state	32126
lienholder and the attorney general with notice of the dispute,	32127
and the state lienholder shall be permitted to file a responsive	32128
pleading and participate in the proceedings as if the state	32129
lienholder had been served with a summons on the date the state	32130
lienholder received notice of the dispute.	32131

(C) Upon the judicial sale of the real estate that is the	32132
subject of an action under division (B) of this section, the	32133
interest of any undisputed state lien shall transfer to the	32134
proceeds of the sale of the real estate, and the state lienholder	32135
shall be entitled to payment from the proceeds of the sale of the	32136
real estate in accordance with the state lienholder's priority as	32137
set forth in the final judicial report or commitment for an	32138
owner's fee policy of title insurance filed in accordance with	32139
section 2329.191 of the Revised Code.	32140

Sec. 2505.02. (A) As used in this section:

32141

(1) "Substantial right" means a right that the United States	32142
Constitution, the Ohio Constitution, a statute, the common law, or	32143
a rule of procedure entitles a person to enforce or protect.	32144

(2) "Special proceeding" means an action or proceeding that	32145
is specially created by statute and that prior to 1853 was not	32146
denoted as an action at law or a suit in equity.	32147

(3) "Provisional remedy" means a proceeding ancillary to an	32148
action, including, but not limited to, a proceeding for a	32149
preliminary injunction, attachment, discovery of privileged	32150
matter, suppression of evidence, a prima-facie showing pursuant to	32151
section 2307.85 or 2307.86 of the Revised Code, a prima-facie	32152
showing pursuant to section 2307.92 of the Revised Code, or a	32153
finding made pursuant to division (A)(3) of section 2307.93 of the	32154
Revised Code.	32155

(B) An order is a final order that may be reviewed, affirmed,	32156
modified, or reversed, with or without retrial, when it is one of	32157
the following:	32158

(1) An order that affects a substantial right in an action	32159
that in effect determines the action and prevents a judgment;	32160

(2) An order that affects a substantial right made in a	32161
special proceeding or upon a summary application in an action	32162
after judgment;	32163

(3) An order that vacates or sets aside a judgment or grants	32164
a new trial;	32165

(4) An order that grants or denies a provisional remedy and	32166
to which both of the following apply:	32167

(a) The order in effect determines the action with respect to	32168
the provisional remedy and prevents a judgment in the action in	32169
favor of the appealing party with respect to the provisional	32170
remedy.	32171

(b) The appealing party would not be afforded a meaningful or	32172
effective remedy by an appeal following final judgment as to all	32173
proceedings, issues, claims, and parties in the action.	32174

(5) An order that determines that an action may or may not be	32175
maintained as a class action;	32176

(6) An order determining the constitutionality of any changes	32177
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	32178
assembly, including the amendment of sections 1751.67, 2117.06,	32179
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	32180
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	32181
3923.64, 4705.15, and 5111.018 (renumbered as 5164.07 by H.B. 59	32182
of the 130th general assembly), and the enactment of sections	32183
2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any	32184
changes made by Sub. S.B. 80 of the 125th general assembly,	32185
including the amendment of sections 2125.02, 2305.10, 2305.131,	32186
2315.18, 2315.19, and 2315.21 of the Revised Code;	32187

(7) An order in an appropriation proceeding that may be	32188
appealed pursuant to division (B)(3) of section 163.09 of the	32189
Revised Code.	32190

(C) When a court issues an order that vacates or sets aside a	32191
judgment or grants a new trial, the court, upon the request of	32192
either party, shall state in the order the grounds upon which the	32193
new trial is granted or the judgment vacated or set aside.	32194

(D) This section applies to and governs any action, including	32195
an appeal, that is pending in any court on July 22, 1998, and all	32196
claims filed or actions commenced on or after July 22, 1998,	32197
notwithstanding any provision of any prior statute or rule of law	32198
of this state.	32199

Sec. 2743.02. (A)(1) The state hereby waives its immunity	32200
from liability, except as provided for the office of the state	32201
fire marshal in division (G)(1) of section 9.60 and division (B)	32202
of section 3737.221 of the Revised Code and subject to division	32203
(H) of this section, and consents to be sued, and have its	32204
liability determined, in the court of claims created in this	32205
chapter in accordance with the same rules of law applicable to	32206
suits between private parties, except that the determination of	32207
liability is subject to the limitations set forth in this chapter	32208
and, in the case of state universities or colleges, in section	32209
3345.40 of the Revised Code, and except as provided in division	32210
(A)(2) or (3) of this section. To the extent that the state has	32211
previously consented to be sued, this chapter has no	32212
applicability.	32213

Except in the case of a civil action filed by the state,	32214
filing a civil action in the court of claims results in a complete	32215
waiver of any cause of action, based on the same act or omission,	32216
that the filing party has against any officer or employee, as	32217
defined in section 109.36 of the Revised Code. The waiver shall be	32218
void if the court determines that the act or omission was	32219
manifestly outside the scope of the officer's or employee's office	32220
or employment or that the officer or employee acted with malicious	32221
purpose, in bad faith, or in a wanton or reckless manner.	32222

(2) If a claimant proves in the court of claims that an	32223
officer or employee, as defined in section 109.36 of the Revised	32224
Code, would have personal liability for the officer's or	32225
employee's acts or omissions but for the fact that the officer or	32226
employee has personal immunity under section 9.86 of the Revised	32227
Code, the state shall be held liable in the court of claims in any	32228
action that is timely filed pursuant to section 2743.16 of the	32229
Revised Code and that is based upon the acts or omissions.	32230

(3)(a) Except as provided in division (A)(3)(b) of this	32231
section, the state is immune from liability in any civil action or	32232
proceeding involving the performance or nonperformance of a public	32233
duty, including the performance or nonperformance of a public duty	32234
that is owed by the state in relation to any action of an	32235
individual who is committed to the custody of the state.	32236

(b) The state immunity provided in division (A)(3)(a) of this	32237
section does not apply to any action of the state under	32238
circumstances in which a special relationship can be established	32239
between the state and an injured party. A special relationship	32240
under this division is demonstrated if all of the following	32241
elements exist:	32242

(i) An assumption by the state, by means of promises or	32243
actions, of an affirmative duty to act on behalf of the party who	32244
was allegedly injured;	32245

(ii) Knowledge on the part of the state's agents that	32246
inaction of the state could lead to harm;	32247

(iii) Some form of direct contact between the state's agents	32248
and the injured party;	32249

(iv) The injured party's justifiable reliance on the state's	32250
affirmative undertaking.	32251

(B) The state hereby waives the immunity from liability of	32252
all hospitals owned or operated by one or more political	32253
subdivisions and consents for them to be sued, and to have their	32254
liability determined, in the court of common pleas, in accordance	32255
with the same rules of law applicable to suits between private	32256
parties, subject to the limitations set forth in this chapter.	32257
This division is also applicable to hospitals owned or operated by	32258
political subdivisions that have been determined by the supreme	32259
court to be subject to suit prior to July 28, 1975.	32260

(C) Any hospital, as defined in section 2305.113 of the	32261
Revised Code, may purchase liability insurance covering its	32262
operations and activities and its agents, employees, nurses,	32263
interns, residents, staff, and members of the governing board and	32264
committees, and, whether or not such insurance is purchased, may,	32265
to the extent that its governing board considers appropriate,	32266
indemnify or agree to indemnify and hold harmless any such person	32267
against expense, including attorney's fees, damage, loss, or other	32268
liability arising out of, or claimed to have arisen out of, the	32269
death, disease, or injury of any person as a result of the	32270
negligence, malpractice, or other action or inaction of the	32271
indemnified person while acting within the scope of the	32272
indemnified person's duties or engaged in activities at the	32273
request or direction, or for the benefit, of the hospital. Any	32274
hospital electing to indemnify those persons, or to agree to so	32275
indemnify, shall reserve any funds that are necessary, in the	32276
exercise of sound and prudent actuarial judgment, to cover the	32277
potential expense, fees, damage, loss, or other liability. The	32278
superintendent of insurance may recommend, or, if the hospital	32279
requests the superintendent to do so, the superintendent shall	32280
recommend, a specific amount for any period that, in the	32281
superintendent's opinion, represents such a judgment. This	32282
authority is in addition to any authorization otherwise provided	32283
or permitted by law.	32284

(D)(1) Notwithstanding any other provision of the Revised	32285
Code or rules of a court to the contrary, in an action against the	32286
state to recover damages for injury, death, or loss to person or	32287
property caused by an act or omission of the state itself, by an	32288
act or omission of any officer or employee of the state while	32289
acting within the scope of employment or official	32290
responsibilities, or by an act or omission of any other person	32291
authorized to act on behalf of the state that occurred while	32292
engaged in activities at the request or direction, or for the	32293
benefit, of the state, the following apply:	32294

(a) Punitive or exemplary damages shall not be awarded.

32295

(b)(i) Recoveries against the state shall be reduced by the	32296
aggregate of ~~insurance proceeds, disability award,~~benefits or	32297
other collateral recovery received by the claimant for the injury,	32298
death, or loss allegedly incurred. ~~This division~~If a claimant	32299
receives or is entitled to receive benefits or other collateral	32300
recovery, the claimant or the claimant's attorney shall disclose	32301
the benefits or other collateral recovery to the court, and the	32302
court shall deduct the amount of the benefits or other collateral	32303
recovery from any award against the state recovered by the	32304
claimant. No insurer or other person is entitled to bring a civil	32305
action under a subrogation provision in an insurance or other	32306
contract against the state with respect to those benefits or other	32307
collateral recovery. Nothing in this division affects or shall be	32308
construed to limit the rights of a beneficiary under a life	32309
insurance policy or the rights of sureties under fidelity or	32310
surety bonds.	32311

(ii) Division (D)(1)(b)(i) of this section does not apply to	32312
civil actions in the court of claims against a state university or	32313
college under the circumstances described in section 3345.40 of	32314
the Revised Code. The collateral benefits provisions of division	32315
(B)(2) of that section apply under those circumstances.	32316

(c) There shall not be any limitation on compensatory damages	32317
that represent the actual loss of the person who is awarded the	32318
damages. However, except in wrongful death actions brought	32319
pursuant to Chapter 2125. of the Revised Code, damages that arise	32320
from the same cause of action, transaction or occurrence, or	32321
series of transactions or occurrences and that do not represent	32322
the actual loss of the person who is awarded the damages shall not	32323
exceed two hundred fifty thousand dollars in favor of any one	32324
person. The limitation on damages that do not represent the actual	32325
loss of the person who is awarded the damages provided in this	32326
division does not apply to court costs that are awarded to a	32327
claimant, or to interest on a judgment rendered in favor of a	32328
claimant, in an action against the state.	32329

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

32330

(a) "Benefits" includes, but is not limited to, proceeds from	32331
a policy or policies of insurance, social security benefits,	32332
veterans' benefits, unemployment compensation, workers'	32333
compensation, medicaid benefits, medicare benefits, and disability	32334
awards.	32335

(b) "Collateral recovery" includes, but is not limited to,	32336
any settlements with and judgments against third parties that	32337
arise out of the same operative facts involved in, and the injury,	32338
death, or loss allegedly incurred, in the action against the	32339
state, or any other source of recovery for any injury, death, or	32340
loss allegedly incurred in that action.	32341

(c) Except as provided in division (D)(2)(d) of this section,	32342
"the actual loss of the person who is awarded the damages"	32343
includes all of the following:	32344

(i) All wages, salaries, or other compensation lost by the	32345
person injured as a result of the injury, including wages,	32346
salaries, or other compensation lost as of the date of a judgment	32347
and future expected lost earnings of the injured person;	32348

(ii) All expenditures of the injured person or of another	32349
person on behalf of the injured person for medical care or	32350
treatment, rehabilitation services, or other care, treatment,	32351
services, products, or accommodations that were necessary because	32352
of the injury;	32353

(iii) All expenditures to be incurred in the future, as	32354
determined by the court, by the injured person or by another	32355
person on behalf of the injured person for medical care or	32356
treatment, rehabilitation services, or other care, treatment,	32357
services, products, or accommodations that will be necessary	32358
because of the injury;	32359

(iv) All expenditures of a person whose property was injured	32360
or destroyed or of another person on behalf of the person whose	32361
property was injured or destroyed in order to repair or replace	32362
the property that was injured or destroyed;	32363

(v) All expenditures of the injured person, of the person	32364
whose property was injured or destroyed, or of another person on	32365
behalf of the injured person or the person whose property was	32366
injured or destroyed in relation to the actual preparation or	32367
presentation of the claim involved;	32368

(vi) Any other expenditures of the injured person, of the	32369
person whose property was injured or destroyed, or of another	32370
person on behalf of the injured person or the person whose	32371
property was injured or destroyed that the court determines	32372
represent an actual loss experienced because of the personal or	32373
property injury or property loss.	32374

(d) "The actual loss of the person who is awarded the	32375
damages" does not include either of the following:	32376

(i) Any fees paid or owed to an attorney for any services	32377
rendered in relation to the personal or property injury or	32378
property loss;	32379

(ii) Any damages awarded for pain and suffering, for the loss	32380
of society, consortium, companionship, care, assistance,	32381
attention, protection, advice, guidance, counsel, instruction,	32382
training, or education of the injured person, for mental anguish,	32383
or for any other intangible loss.	32384

(E) The only defendant in original actions in the court of	32385
claims is the state. The state may file a third-party complaint or	32386
counterclaim in any civil action, except a civil action for ten	32387
thousand dollars or less, that is filed in the court of claims.	32388

(F) A civil action against an officer or employee, as defined	32389
in section 109.36 of the Revised Code, that alleges that the	32390
officer's or employee's conduct was manifestly outside the scope	32391
of the officer's or employee's employment or official	32392
responsibilities, or that the officer or employee acted with	32393
malicious purpose, in bad faith, or in a wanton or reckless manner	32394
shall first be filed against the state in the court of claims that	32395
has exclusive, original jurisdiction to determine, initially,	32396
whether the officer or employee is entitled to personal immunity	32397
under section 9.86 of the Revised Code and whether the courts of	32398
common pleas have jurisdiction over the civil action. The officer	32399
or employee may participate in the immunity determination	32400
proceeding before the court of claims to determine whether the	32401
officer or employee is entitled to personal immunity under section	32402
9.86 of the Revised Code.	32403

The filing of a claim against an officer or employee under	32404
this division tolls the running of the applicable statute of	32405
limitations until the court of claims determines whether the	32406
officer or employee is entitled to personal immunity under section	32407
9.86 of the Revised Code.	32408

(G) If a claim lies against an officer or employee who is a	32409
member of the Ohio national guard, and the officer or employee	32410
was, at the time of the act or omission complained of, subject to	32411
the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28 U.S.C.	32412
2671, et seq., the Federal Tort Claims Act is the exclusive remedy	32413
of the claimant and the state has no liability under this section.	32414

(H) If an inmate of a state correctional institution has a	32415
claim against the state for the loss of or damage to property and	32416
the amount claimed does not exceed three hundred dollars, before	32417
commencing an action against the state in the court of claims, the	32418
inmate shall file a claim for the loss or damage under the rules	32419
adopted by the director of rehabilitation and correction pursuant	32420
to this division. The inmate shall file the claim within the time	32421
allowed for commencement of a civil action under section 2743.16	32422
of the Revised Code. If the state admits or compromises the claim,	32423
the director shall make payment from a fund designated by the	32424
director for that purpose. If the state denies the claim or does	32425
not compromise the claim at least sixty days prior to expiration	32426
of the time allowed for commencement of a civil action based upon	32427
the loss or damage under section 2743.16 of the Revised Code, the	32428
inmate may commence an action in the court of claims under this	32429
chapter to recover damages for the loss or damage.	32430

The director of rehabilitation and correction shall adopt	32431
rules pursuant to Chapter 119. of the Revised Code to implement	32432
this division.	32433

Sec. 2744.05. Notwithstanding any other provisions of the	32434
Revised Code or rules of a court to the contrary, in an action	32435
against a political subdivision to recover damages for injury,	32436
death, or loss to person or property caused by an act or omission	32437
in connection with a governmental or proprietary function:	32438

(A) Punitive or exemplary damages shall not be awarded.

32439

(B)(1) If a claimant receives or is entitled to receive	32440
benefits for injuries or loss allegedly incurred from a policy or	32441
policies of insurance or any other source, the benefits shall be	32442
disclosed to the court, and the amount of the benefits shall be	32443
deducted from any award against a political subdivision recovered	32444
by that claimant. No insurer or other person is entitled to bring	32445
an action under a subrogation provision in an insurance or other	32446
contract against a political subdivision with respect to those	32447
benefits.	32448

The amount of the benefits shall be deducted from an award	32449
against a political subdivision under division (B)(1) of this	32450
section regardless of whether the claimant may be under an	32451
obligation to pay back the benefits upon recovery, in whole or in	32452
part, for the claim. A claimant whose benefits have been deducted	32453
from an award under division (B)(1) of this section is not	32454
considered fully compensated and shall not be required to	32455
reimburse a subrogated claim for benefits deducted from an award	32456
pursuant to division (B)(1) of this section.	32457

(2) Nothing in division (B)(1) of this section shall be	32458
construed to do either of the following:	32459

(a) Limit the rights of a beneficiary under a life insurance	32460
policy or the rights of sureties under fidelity or surety bonds;	32461

(b) Prohibit the department of ~~job and family services~~	32462
medicaid from recovering from the political subdivision, pursuant	32463
to section ~~5101.58~~5160.37 of the Revised Code, the cost of	32464
medical assistance ~~benefits provided under Chapter 5107. or 5111.~~	32465
~~of the Revised Code~~provided under a medical assistance program.	32466

(C)(1) There shall not be any limitation on compensatory	32467
damages that represent the actual loss of the person who is	32468
awarded the damages. However, except in wrongful death actions	32469
brought pursuant to Chapter 2125. of the Revised Code, damages	32470
that arise from the same cause of action, transaction or	32471
occurrence, or series of transactions or occurrences and that do	32472
not represent the actual loss of the person who is awarded the	32473
damages shall not exceed two hundred fifty thousand dollars in	32474
favor of any one person. The limitation on damages that do not	32475
represent the actual loss of the person who is awarded the damages	32476
provided in this division does not apply to court costs that are	32477
awarded to a plaintiff, or to interest on a judgment rendered in	32478
favor of a plaintiff, in an action against a political	32479
subdivision.	32480

(2) As used in this division, "the actual loss of the person	32481
who is awarded the damages" includes all of the following:	32482

(a) All wages, salaries, or other compensation lost by the	32483
person injured as a result of the injury, including wages,	32484
salaries, or other compensation lost as of the date of a judgment	32485
and future expected lost earnings of the person injured;	32486

(b) All expenditures of the person injured or another person	32487
on behalf of the person injured for medical care or treatment, for	32488
rehabilitation services, or for other care, treatment, services,	32489
products, or accommodations that were necessary because of the	32490
injury;	32491

(c) All expenditures to be incurred in the future, as	32492
determined by the court, by the person injured or another person	32493
on behalf of the person injured for medical care or treatment, for	32494
rehabilitation services, or for other care, treatment, services,	32495
products, or accommodations that will be necessary because of the	32496
injury;	32497

(d) All expenditures of a person whose property was injured	32498
or destroyed or of another person on behalf of the person whose	32499
property was injured or destroyed in order to repair or replace	32500
the property that was injured or destroyed;	32501

(e) All expenditures of the person injured or of the person	32502
whose property was injured or destroyed or of another person on	32503
behalf of the person injured or of the person whose property was	32504
injured or destroyed in relation to the actual preparation or	32505
presentation of the claim involved;	32506

(f) Any other expenditures of the person injured or of the	32507
person whose property was injured or destroyed or of another	32508
person on behalf of the person injured or of the person whose	32509
property was injured or destroyed that the court determines	32510
represent an actual loss experienced because of the personal or	32511
property injury or property loss.	32512

"The actual loss of the person who is awarded the damages"	32513
does not include any fees paid or owed to an attorney for any	32514
services rendered in relation to a personal or property injury or	32515
property loss, and does not include any damages awarded for pain	32516
and suffering, for the loss of society, consortium, companionship,	32517
care, assistance, attention, protection, advice, guidance,	32518
counsel, instruction, training, or education of the person	32519
injured, for mental anguish, or for any other intangible loss.	32520

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)	32521
or (3) of this section or as otherwise provided in this section, a	32522
prosecution shall be barred unless it is commenced within the	32523
following periods after an offense is committed:	32524

(a) For a felony, six years;

32525

(b) For a misdemeanor other than a minor misdemeanor, two	32526
years;	32527

32528

(2) There is no period of limitation for the prosecution of a	32529
violation of section 2903.01 or 2903.02 of the Revised Code.	32530

(3) Except as otherwise provided in divisions (B) to (H) of	32531
this section, a prosecution of any of the following offenses shall	32532
be barred unless it is commenced within twenty years after the	32533
offense is committed:	32534

(a) A violation of section 2903.03, 2903.04, 2905.01,	32535
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	32536
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	32537
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	32538
Code, a violation of section 2903.11 or 2903.12 of the Revised	32539
Code if the victim is a peace officer, a violation of section	32540
2903.13 of the Revised Code that is a felony, or a violation of	32541
former section 2907.12 of the Revised Code;	32542

(b) A conspiracy to commit, attempt to commit, or complicity	32543
in committing a violation set forth in division (A)(3)(a) of this	32544
section.	32545

(B)(1) Except as otherwise provided in division (B)(2) of	32546
this section, if the period of limitation provided in division	32547
(A)(1) or (3) of this section has expired, prosecution shall be	32548
commenced for an offense of which an element is fraud or breach of	32549
a fiduciary duty, within one year after discovery of the offense	32550
either by an aggrieved person, or by the aggrieved person's legal	32551
representative who is not a party to the offense.	32552

(2) If the period of limitation provided in division (A)(1)	32553
or (3) of this section has expired, prosecution for a violation of	32554
section 2913.49 of the Revised Code shall be commenced within five	32555
years after discovery of the offense either by an aggrieved person	32556
or the aggrieved person's legal representative who is not a party	32557
to the offense.	32558

(C)(1) If the period of limitation provided in division	32559
(A)(1) or (3) of this section has expired, prosecution shall be	32560
commenced for the following offenses during the following	32561
specified periods of time:	32562

(a) For an offense involving misconduct in office by a public	32563
servant, at any time while the accused remains a public servant,	32564
or within two years thereafter;	32565

(b) For an offense by a person who is not a public servant	32566
but whose offense is directly related to the misconduct in office	32567
of a public servant, at any time while that public servant remains	32568
a public servant, or within two years thereafter.	32569

(2) As used in this division:

32570

(a) An "offense is directly related to the misconduct in	32571
office of a public servant" includes, but is not limited to, a	32572
violation of section 101.71, 101.91, 121.61 or 2921.13, division	32573
(F) or (H) of section 102.03, division (A) of section 2921.02,	32574
division (A) or (B) of section 2921.43, or division (F) or (G) of	32575
section 3517.13 of the Revised Code, that is directly related to	32576
an offense involving misconduct in office of a public servant.	32577

(b) "Public servant" has the same meaning as in section	32578
2921.01 of the Revised Code.	32579

(D) An offense is committed when every element of the offense	32580
occurs. In the case of an offense of which an element is a	32581
continuing course of conduct, the period of limitation does not	32582
begin to run until such course of conduct or the accused's	32583
accountability for it terminates, whichever occurs first.	32584

(E) A prosecution is commenced on the date an indictment is	32585
returned or an information filed, or on the date a lawful arrest	32586
without a warrant is made, or on the date a warrant, summons,	32587
citation, or other process is issued, whichever occurs first. A	32588
prosecution is not commenced by the return of an indictment or the	32589
filing of an information unless reasonable diligence is exercised	32590
to issue and execute process on the same. A prosecution is not	32591
commenced upon issuance of a warrant, summons, citation, or other	32592
process, unless reasonable diligence is exercised to execute the	32593
same.	32594

(F) The period of limitation shall not run during any time	32595
when the corpus delicti remains undiscovered.	32596

(G) The period of limitation shall not run during any time	32597
when the accused purposely avoids prosecution. Proof that the	32598
accused departed this state or concealed the accused's identity or	32599
whereabouts is prima-facie evidence of the accused's purpose to	32600
avoid prosecution.	32601

(H) The period of limitation shall not run during any time a	32602
prosecution against the accused based on the same conduct is	32603
pending in this state, even though the indictment, information, or	32604
process that commenced the prosecution is quashed or the	32605
proceedings on the indictment, information, or process are set	32606
aside or reversed on appeal.	32607

(I) The period of limitation for a violation of any provision	32608
of Title XXIX of the Revised Code that involves a physical or	32609
mental wound, injury, disability, or condition of a nature that	32610
reasonably indicates abuse or neglect of a child under eighteen	32611
years of age or of a mentally retarded, developmentally disabled,	32612
or physically impaired child under twenty-one years of age shall	32613
not begin to run until either of the following occurs:	32614

(1) The victim of the offense reaches the age of majority.

32615

(2) A public children services agency, or a municipal or	32616
county peace officer that is not the parent or guardian of the	32617
child, in the county in which the child resides or in which the	32618
abuse or neglect is occurring or has occurred has been notified	32619
that abuse or neglect is known, suspected, or believed to have	32620
occurred.	32621

(J) As used in this section, "peace officer" has the same	32622
meaning as in section 2935.01 of the Revised Code.	32623

Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 of	32624
the Revised Code:	32625

(1) "Information" means information that can be integrated	32626
into the computer system and that relates to the physical or	32627
mental description of a minor including, but not limited to,	32628
height, weight, color of hair and eyes, use of eyeglasses or	32629
contact lenses, skin coloring, physical or mental handicaps,	32630
special medical conditions or needs, abnormalities, problems,	32631
scars and marks, and distinguishing characteristics, and other	32632
information that could assist in identifying a minor including,	32633
but not limited to, full name and nickname, date and place of	32634
birth, age, names and addresses of parents and other relatives,	32635
fingerprints, dental records, photographs, social security number,	32636
driver's license number, credit card numbers, bank account	32637
numbers, and clothing.	32638

(2) "Minor" means a person under eighteen years of age.

32639

(3) "Missing children" or "missing child" means either of the	32640
following:	32641

(a) A minor who has run away from or who otherwise is missing	32642
from the home of, or the care, custody, and control of, the	32643
minor's parents, parent who is the residential parent and legal	32644
custodian, guardian, legal custodian, or other person having	32645
responsibility for the care of the minor;	32646

(b) A minor who is missing and about whom there is reason to	32647
believe the minor could be the victim of a violation of section	32648
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a	32649
violation of section 2905.04 of the Revised Code as it existed	32650
prior to July 1, 1996.	32651

(B) When a law enforcement agency in this state that has	32652
jurisdiction in the matter is informed that a minor is or may be a	32653
missing child and that the person providing the information wishes	32654
to file a missing child report, the law enforcement agency shall	32655
take that report. Upon taking the report, the law enforcement	32656
agency shall take prompt action upon it, including, but not	32657
limited to, concerted efforts to locate the missing child. No law	32658
enforcement agency in this state shall have a rule or policy that	32659
prohibits or discourages the filing of or the taking of action	32660
upon a missing child report, within a specified period following	32661
the discovery or formulation of a belief that a minor is or could	32662
be a missing child.	32663

(C) If a missing child report is made to a law enforcement	32664
agency in this state that has jurisdiction in the matter, the law	32665
enforcement agency shall gather readily available information	32666
about the missing child and integrate it into the national crime	32667
information center computer immediately following the making of	32668
the report. The law enforcement agency shall make reasonable	32669
efforts to acquire additional information about the missing child	32670
following the transmittal of the initially available information,	32671
and promptly integrate any additional information acquired into	32672
such computer systems.	32673

Whenever a law enforcement agency integrates information	32674
about a missing child into the national crime information center	32675
computer, the law enforcement agency promptly shall notify the	32676
missing child's parents, parent who is the residential parent and	32677
legal custodian, guardian, or legal custodian, or any other person	32678
responsible for the care of the missing child, that it has so	32679
integrated the information.	32680

The parents, parent who is the residential parent and legal	32681
custodian, guardian, legal custodian, or other person responsible	32682
for the care of the missing child shall provide available	32683
information upon request, and may provide information voluntarily,	32684
to the law enforcement agency during the information gathering	32685
process. The law enforcement agency also may obtain available	32686
information about the missing child from other persons, subject to	32687
constitutional and statutory limitations.	32688

(D) Upon the filing of a missing child report, the law	32689
enforcement agency involved may notify the public or nonpublic	32690
school in which the missing child is or was most recently	32691
enrolled, as ascertained by the agency, that the child is the	32692
subject of a missing child report and that the child's school	32693
records are to be marked in accordance with section 3313.672 of	32694
the Revised Code.	32695

(E) Upon the filing of a missing child report, the law	32696
enforcement agency involved promptly shall make a reasonable	32697
attempt to notify other law enforcement agencies within its county	32698
and, if the agency has jurisdiction in a municipal corporation or	32699
township that borders another county, to notify the law	32700
enforcement agency for the municipal corporation or township in	32701
the other county with which it shares the border, that it has	32702
taken a missing child report and may be requesting assistance or	32703
cooperation in the case, and provide relevant information to the	32704
other law enforcement agencies. The agency may notify additional	32705
law enforcement agencies, or appropriate public children services	32706
agencies, about the case, request their assistance or cooperation	32707
in the case, and provide them with relevant information.	32708

Upon request from a law enforcement agency, a public children	32709
services agency shall grant the law enforcement agency access to	32710
all information concerning a missing child that the agency	32711
possesses that may be relevant to the law enforcement agency in	32712
investigating a missing child report concerning that child. The	32713
information obtained by the law enforcement agency shall be used	32714
only to further the investigation to locate the missing child.	32715

(F) Upon request, law enforcement agencies in this state	32716
shall provide assistance to, and cooperate with, other law	32717
enforcement agencies in their investigation of missing child	32718
cases. The assistance and cooperation under this paragraph shall	32719
be pursuant to any terms agreed upon by the law enforcement	32720
agencies, which may include the provision of law enforcement	32721
services or the use of law enforcement equipment or the	32722
interchange of services and equipment among the cooperating law	32723
enforcement agencies. Chapter 2744. of the Revised Code, insofar	32724
as it applies to the operation of law enforcement agencies, shall	32725
apply to the cooperating political subdivisions and to the law	32726
enforcement agency employees when they are rendering services	32727
pursuant to this paragraph outside the territory of the political	32728
subdivision by which they are employed. Law enforcement agency	32729
employees rendering services outside the territory of the	32730
political subdivision in which they are employed, pursuant to this	32731
paragraph, shall be entitled to participate in any indemnity fund	32732
established by their employer to the same extent as if they were	32733
rendering service within the territory of their employing	32734
political subdivision. Those law enforcement agency employees also	32735
shall be entitled to all the rights and benefits of Chapter 4123.	32736
of the Revised Code to the same extent as if rendering services	32737
within the territory of their employing political subdivision.	32738

The information in any missing child report made to a law	32739
enforcement agency shall be made available, upon request, to law	32740
enforcement personnel of this state, other states, and the federal	32741
government when the law enforcement personnel indicate that the	32742
request is to aid in identifying or locating a missing child or	32743
the possible identification of a deceased minor who, upon	32744
discovery, cannot be identified.	32745

(G) When a missing child has not been located within thirty	32746
days after the date on which the missing child report pertaining	32747
to the child was filed with a law enforcement agency, that law	32748
enforcement agency shall request the missing child's parents,	32749
parent who is the residential parent and legal custodian,	32750
guardian, or legal custodian, or any other person responsible for	32751
the care of the missing child, to provide written consent for the	32752
law enforcement agency to contact the missing child's dentist and	32753
request the missing child's dental records. Upon receipt of such	32754
written consent, the dentist shall release a copy of the missing	32755
child's dental records to the law enforcement agency and shall	32756
provide and encode the records in such form as requested by the	32757
law enforcement agency. The law enforcement agency then shall	32758
integrate information in the records into the national crime	32759
information center computer in order to compare the records to	32760
those of unidentified deceased persons. This division does not	32761
prevent a law enforcement agency from seeking consent to obtain	32762
copies of a missing child's dental records, or prevent a missing	32763
child's parents, parent who is the residential parent and legal	32764
custodian, guardian, or legal custodian, or any other person	32765
responsible for the care of the missing child, from granting	32766
consent for the release of copies of the missing child's dental	32767
records to a law enforcement agency, at any time.	32768

(H) A missing child's parents, parent who is the residential	32769
parent and legal custodian, guardian, or legal custodian, or any	32770
other persons responsible for the care of a missing child,	32771
immediately shall notify the law enforcement agency with which	32772
they filed the missing child report whenever the child has	32773
returned to their home or to their care, custody, and control, has	32774
been released if the missing child was the victim of an offense	32775
listed in division (A)(3)(b) of this section, or otherwise has	32776
been located. Upon such notification or upon otherwise learning	32777
that a missing child has returned to the home of, or to the care,	32778
custody, and control of the missing child's parents, parent who is	32779
the residential parent and legal custodian, guardian, legal	32780
custodian, or other person responsible for the missing child's	32781
care, has been released if the missing child was the victim of an	32782
offense listed in division (A)(3)(b) of this section, or otherwise	32783
has been located, the law enforcement agency involved promptly	32784
shall integrate the fact that the minor no longer is a missing	32785
child into the national crime information center computer and	32786
shall inform any school that was notified under division (D) of	32787
this section that the minor is no longer a missing child.	32788

~~(I) Nothing contained in this section shall be construed to~~	32789
~~impair the confidentiality of services provided to runaway minors~~	32790
~~by shelters for runaway minors pursuant to sections 5119.64 to~~	32791
~~5119.68 of the Revised Code.~~	32792

Sec. 2903.13. (A) No person shall knowingly cause or attempt	32793
to cause physical harm to another or to another's unborn.	32794

(B) No person shall recklessly cause serious physical harm to	32795
another or to another's unborn.	32796

(C)(1) Whoever violates this section is guilty of assault,	32797
and the court shall sentence the offender as provided in this	32798
division and divisions (C)(1), (2), (3), (4), (5), (6), (7), (8),	32799
~~and~~ (9), and (10) of this section. Except as otherwise provided in	32800
division (C)(2), (3), (4), (5), (6), (7), or (8), or (9) of this	32801
section, assault is a misdemeanor of the first degree.	32802

(2) Except as otherwise provided in this division, if the	32803
offense is committed by a caretaker against a functionally	32804
impaired person under the caretaker's care, assault is a felony of	32805
the fourth degree. If the offense is committed by a caretaker	32806
against a functionally impaired person under the caretaker's care,	32807
if the offender previously has been convicted of or pleaded guilty	32808
to a violation of this section or section 2903.11 or 2903.16 of	32809
the Revised Code, and if in relation to the previous conviction	32810
the offender was a caretaker and the victim was a functionally	32811
impaired person under the offender's care, assault is a felony of	32812
the third degree.	32813

(3) If the offense occurs in or on the grounds of a state	32814
correctional institution or an institution of the department of	32815
youth services, the victim of the offense is an employee of the	32816
department of rehabilitation and correction or the department of	32817
youth services, and the offense is committed by a person	32818
incarcerated in the state correctional institution or by a person	32819
institutionalized in the department of youth services institution	32820
pursuant to a commitment to the department of youth services,	32821
assault is a felony of the third degree.	32822

(4) If the offense is committed in any of the following	32823
circumstances, assault is a felony of the fifth degree:	32824

(a) ~~The offense occurs in or on the grounds of a state~~	32825
~~correctional institution or an institution of the department of~~	32826
~~youth services, the victim of the offense is an employee of the~~	32827
~~department of rehabilitation and correction, the department of~~	32828
~~youth services, or a probation department or is on the premises of~~	32829
~~the particular institution for business purposes or as a visitor,~~	32830
~~and the offense is committed by a person incarcerated in the state~~	32831
~~correctional institution, by a person institutionalized in the~~	32832
~~department of youth services institution pursuant to a commitment~~	32833
~~to the department of youth services, by a parolee, by an offender~~	32834
~~under transitional control, under a community control sanction, or~~	32835
~~on an escorted visit, by a person under post-release control, or~~	32836
~~by an offender under any other type of supervision by a government~~	32837
~~agency.~~	32838

~~(b)~~ The offense occurs in or on the grounds of a local	32839
correctional facility, the victim of the offense is an employee of	32840
the local correctional facility or a probation department or is on	32841
the premises of the facility for business purposes or as a	32842
visitor, and the offense is committed by a person who is under	32843
custody in the facility subsequent to the person's arrest for any	32844
crime or delinquent act, subsequent to the person's being charged	32845
with or convicted of any crime, or subsequent to the person's	32846
being alleged to be or adjudicated a delinquent child.	32847

~~(c)~~(b) The offense occurs off the grounds of a state	32848
correctional institution and off the grounds of an institution of	32849
the department of youth services, the victim of the offense is an	32850
employee of the department of rehabilitation and correction, the	32851
department of youth services, or a probation department, the	32852
offense occurs during the employee's official work hours and while	32853
the employee is engaged in official work responsibilities, and the	32854
offense is committed by a person incarcerated in a state	32855
correctional institution or institutionalized in the department of	32856
youth services who temporarily is outside of the institution for	32857
any purpose, by a parolee, by an offender under transitional	32858
control, under a community control sanction, or on an escorted	32859
visit, by a person under post-release control, or by an offender	32860
under any other type of supervision by a government agency.	32861

~~(d)~~(c) The offense occurs off the grounds of a local	32862
correctional facility, the victim of the offense is an employee of	32863
the local correctional facility or a probation department, the	32864
offense occurs during the employee's official work hours and while	32865
the employee is engaged in official work responsibilities, and the	32866
offense is committed by a person who is under custody in the	32867
facility subsequent to the person's arrest for any crime or	32868
delinquent act, subsequent to the person being charged with or	32869
convicted of any crime, or subsequent to the person being alleged	32870
to be or adjudicated a delinquent child and who temporarily is	32871
outside of the facility for any purpose or by a parolee, by an	32872
offender under transitional control, under a community control	32873
sanction, or on an escorted visit, by a person under post-release	32874
control, or by an offender under any other type of supervision by	32875
a government agency.	32876

~~(e)~~(d) The victim of the offense is a school teacher or	32877
administrator or a school bus operator, and the offense occurs in	32878
a school, on school premises, in a school building, on a school	32879
bus, or while the victim is outside of school premises or a school	32880
bus and is engaged in duties or official responsibilities	32881
associated with the victim's employment or position as a school	32882
teacher or administrator or a school bus operator, including, but	32883
not limited to, driving, accompanying, or chaperoning students at	32884
or on class or field trips, athletic events, or other school	32885
extracurricular activities or functions outside of school	32886
premises.	32887

~~(4)~~(5) If the victim of the offense is a peace officer or an	32888
investigator of the bureau of criminal identification and	32889
investigation, a firefighter, or a person performing emergency	32890
medical service, while in the performance of their official	32891
duties, assault is a felony of the fourth degree.	32892

~~(5)~~(6) If the victim of the offense is a peace officer or an	32893
investigator of the bureau of criminal identification and	32894
investigation and if the victim suffered serious physical harm as	32895
a result of the commission of the offense, assault is a felony of	32896
the fourth degree, and the court, pursuant to division (F) of	32897
section 2929.13 of the Revised Code, shall impose as a mandatory	32898
prison term one of the prison terms prescribed for a felony of the	32899
fourth degree that is at least twelve months in duration.	32900

~~(6)~~(7) If the victim of the offense is an officer or employee	32901
of a public children services agency or a private child placing	32902
agency and the offense relates to the officer's or employee's	32903
performance or anticipated performance of official	32904
responsibilities or duties, assault is either a felony of the	32905
fifth degree or, if the offender previously has been convicted of	32906
or pleaded guilty to an offense of violence, the victim of that	32907
prior offense was an officer or employee of a public children	32908
services agency or private child placing agency, and that prior	32909
offense related to the officer's or employee's performance or	32910
anticipated performance of official responsibilities or duties, a	32911
felony of the fourth degree.	32912

~~(7)~~(8) If the victim of the offense is a health care	32913
professional of a hospital, a health care worker of a hospital, or	32914
a security officer of a hospital whom the offender knows or has	32915
reasonable cause to know is a health care professional of a	32916
hospital, a health care worker of a hospital, or a security	32917
officer of a hospital, if the victim is engaged in the performance	32918
of the victim's duties, and if the hospital offers de-escalation	32919
or crisis intervention training for such professionals, workers,	32920
or officers, assault is one of the following:	32921

(a) Except as otherwise provided in division (C)~~(7)~~(8)(b) of	32922
this section, assault committed in the specified circumstances is	32923
a misdemeanor of the first degree. Notwithstanding the fine	32924
specified in division (A)(2)(b) of section 2929.28 of the Revised	32925
Code for a misdemeanor of the first degree, in sentencing the	32926
offender under this division and if the court decides to impose a	32927
fine, the court may impose upon the offender a fine of not more	32928
than five thousand dollars.	32929

(b) If the offender previously has been convicted of or	32930
pleaded guilty to one or more assault or homicide offenses	32931
committed against hospital personnel, assault committed in the	32932
specified circumstances is a felony of the fifth degree.	32933

~~(8)~~(9) If the victim of the offense is a judge, magistrate,	32934
prosecutor, or court official or employee whom the offender knows	32935
or has reasonable cause to know is a judge, magistrate,	32936
prosecutor, or court official or employee, and if the victim is	32937
engaged in the performance of the victim's duties, assault is one	32938
of the following:	32939

(a) Except as otherwise provided in division (C)~~(7)~~(8)(b) of	32940
this section, assault committed in the specified circumstances is	32941
a misdemeanor of the first degree. In sentencing the offender	32942
under this division, if the court decides to impose a fine,	32943
notwithstanding the fine specified in division (A)(2)(b) of	32944
section 2929.28 of the Revised Code for a misdemeanor of the first	32945
degree, the court may impose upon the offender a fine of not more	32946
than five thousand dollars.	32947

(b) If the offender previously has been convicted of or	32948
pleaded guilty to one or more assault or homicide offenses	32949
committed against justice system personnel, assault committed in	32950
the specified circumstances is a felony of the fifth degree.	32951

~~(9)~~(10) If an offender who is convicted of or pleads guilty	32952
to assault when it is a misdemeanor also is convicted of or pleads	32953
guilty to a specification as described in section 2941.1423 of the	32954
Revised Code that was included in the indictment, count in the	32955
indictment, or information charging the offense, the court shall	32956
sentence the offender to a mandatory jail term as provided in	32957
division (G) of section 2929.24 of the Revised Code.	32958

If an offender who is convicted of or pleads guilty to	32959
assault when it is a felony also is convicted of or pleads guilty	32960
to a specification as described in section 2941.1423 of the	32961
Revised Code that was included in the indictment, count in the	32962
indictment, or information charging the offense, except as	32963
otherwise provided in division (C)~~(5)~~(6) of this section, the	32964
court shall sentence the offender to a mandatory prison term as	32965
provided in division (B)(8) of section 2929.14 of the Revised	32966
Code.	32967

(D) As used in this section:

32968

(1) "Peace officer" has the same meaning as in section	32969
2935.01 of the Revised Code.	32970

(2) "Firefighter" has the same meaning as in section 3937.41	32971
of the Revised Code.	32972

(3) "Emergency medical service" has the same meaning as in	32973
section 4765.01 of the Revised Code.	32974

(4) "Local correctional facility" means a county,	32975
multicounty, municipal, municipal-county, or multicounty-municipal	32976
jail or workhouse, a minimum security jail established under	32977
section 341.23 or 753.21 of the Revised Code, or another county,	32978
multicounty, municipal, municipal-county, or multicounty-municipal	32979
facility used for the custody of persons arrested for any crime or	32980
delinquent act, persons charged with or convicted of any crime, or	32981
persons alleged to be or adjudicated a delinquent child.	32982

(5) "Employee of a local correctional facility" means a	32983
person who is an employee of the political subdivision or of one	32984
or more of the affiliated political subdivisions that operates the	32985
local correctional facility and who operates or assists in the	32986
operation of the facility.	32987

(6) "School teacher or administrator" means either of the	32988
following:	32989

(a) A person who is employed in the public schools of the	32990
state under a contract described in section 3311.77 or 3319.08 of	32991
the Revised Code in a position in which the person is required to	32992
have a certificate issued pursuant to sections 3319.22 to 3319.311	32993
of the Revised Code.	32994

(b) A person who is employed by a nonpublic school for which	32995
the state board of education prescribes minimum standards under	32996
section 3301.07 of the Revised Code and who is certificated in	32997
accordance with section 3301.071 of the Revised Code.	32998

(7) "Community control sanction" has the same meaning as in	32999
section 2929.01 of the Revised Code.	33000

(8) "Escorted visit" means an escorted visit granted under	33001
section 2967.27 of the Revised Code.	33002

(9) "Post-release control" and "transitional control" have	33003
the same meanings as in section 2967.01 of the Revised Code.	33004

(10) "Investigator of the bureau of criminal identification	33005
and investigation" has the same meaning as in section 2903.11 of	33006
the Revised Code.	33007

(11) "Health care professional" and "health care worker" have	33008
the same meanings as in section 2305.234 of the Revised Code.	33009

(12) "Assault or homicide offense committed against hospital	33010
personnel" means a violation of this section or of section	33011
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	33012
2903.14 of the Revised Code committed in circumstances in which	33013
all of the following apply:	33014

(a) The victim of the offense was a health care professional	33015
of a hospital, a health care worker of a hospital, or a security	33016
officer of a hospital.	33017

(b) The offender knew or had reasonable cause to know that	33018
the victim was a health care professional of a hospital, a health	33019
care worker of a hospital, or a security officer of a hospital.	33020

(c) The victim was engaged in the performance of the victim's	33021
duties.	33022

(d) The hospital offered de-escalation or crisis intervention	33023
training for such professionals, workers, or officers.	33024

(13) "De-escalation or crisis intervention training" means	33025
de-escalation or crisis intervention training for health care	33026
professionals of a hospital, health care workers of a hospital,	33027
and security officers of a hospital to facilitate interaction with	33028
patients, members of a patient's family, and visitors, including	33029
those with mental impairments.	33030

(14) "Assault or homicide offense committed against justice	33031
system personnel" means a violation of this section or of section	33032
2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 2903.12, or	33033
2903.14 of the Revised Code committed in circumstances in which	33034
the victim of the offense was a judge, magistrate, prosecutor, or	33035
court official or employee whom the offender knew or had	33036
reasonable cause to know was a judge, magistrate, prosecutor, or	33037
court official or employee, and the victim was engaged in the	33038
performance of the victim's duties.	33039

(15) "Court official or employee" means any official or	33040
employee of a court created under the constitution or statutes of	33041
this state or of a United States court located in this state.	33042

(16) "Judge" means a judge of a court created under the	33043
constitution or statutes of this state or of a United States court	33044
located in this state.	33045

(17) "Magistrate" means an individual who is appointed by a	33046
court of record of this state and who has the powers and may	33047
perform the functions specified in Civil Rule 53, Criminal Rule	33048
19, or Juvenile Rule 40, or an individual who is appointed by a	33049
United States court located in this state who has similar powers	33050
and functions.	33051

(18) "Prosecutor" has the same meaning as in section 2935.01	33052
of the Revised Code.	33053

(19)(a) "Hospital" means, subject to division (D)(19)(b) of	33054
this section, an institution classified as a hospital under	33055
section 3701.01 of the Revised Code in which are provided to	33056
patients diagnostic, medical, surgical, obstetrical, psychiatric,	33057
or rehabilitation care or a hospital operated by a health	33058
maintenance organization.	33059

(b) "Hospital" does not include any of the following:

33060

(i) A facility licensed under Chapter 3721. of the Revised	33061
Code, a health care facility operated by the department of mental	33062
health or the department of developmental disabilities, a health	33063
maintenance organization that does not operate a hospital, or the	33064
office of any private, licensed health care professional, whether	33065
organized for individual or group practice;	33066

(ii) An institution for the sick that is operated exclusively	33067
for patients who use spiritual means for healing and for whom the	33068
acceptance of medical care is inconsistent with their religious	33069
beliefs, accredited by a national accrediting organization, exempt	33070
from federal income taxation under section 501 of the "Internal	33071
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	33072
and providing twenty-four-hour nursing care pursuant to the	33073
exemption in division (E) of section 4723.32 of the Revised Code	33074
from the licensing requirements of Chapter 4723. of the Revised	33075
Code.	33076

(20) "Health maintenance organization" has the same meaning	33077
as in section 3727.01 of the Revised Code.	33078

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	33079
Revised Code:	33080

(A) "Care facility" means any of the following:

33081

(1) Any "home" as defined in section 3721.10 ~~or 5111.20~~ of	33082
the Revised Code;	33083

(2) Any "residential facility" as defined in section 5123.19	33084
of the Revised Code;	33085

(3) Any institution or facility operated or provided by the	33086
department of ~~mental health~~mental health and addiction services	33087
or by the department of developmental disabilities pursuant to	33088
sections ~~5119.02~~5119.14 and 5123.03 of the Revised Code;	33089

(4) Any "residential facility" as defined in section ~~5119.22~~	33090
5119.34 of the Revised Code;	33091

(5) Any unit of any hospital, as defined in section 3701.01	33092
of the Revised Code, that provides the same services as a nursing	33093
home, as defined in section 3721.01 of the Revised Code;	33094

(6) Any institution, residence, or facility that provides,	33095
for a period of more than twenty-four hours, whether for a	33096
consideration or not, accommodations to one individual or two	33097
unrelated individuals who are dependent upon the services of	33098
others.	33099

(B) "Abuse" means knowingly causing physical harm or	33100
recklessly causing serious physical harm to a person by physical	33101
contact with the person or by the inappropriate use of a physical	33102
or chemical restraint, medication, or isolation on the person.	33103

(C)(1) "Gross neglect" means knowingly failing to provide a	33104
person with any treatment, care, goods, or service that is	33105
necessary to maintain the health or safety of the person when the	33106
failure results in physical harm or serious physical harm to the	33107
person.	33108

(2) "Neglect" means recklessly failing to provide a person	33109
with any treatment, care, goods, or service that is necessary to	33110
maintain the health or safety of the person when the failure	33111
results in serious physical harm to the person.	33112

(D) "Inappropriate use of a physical or chemical restraint,	33113
medication, or isolation" means the use of physical or chemical	33114
restraint, medication, or isolation as punishment, for staff	33115
convenience, excessively, as a substitute for treatment, or in	33116
quantities that preclude habilitation and treatment.	33117

Sec. 2907.22. (A) No person shall knowingly:

33118

(1) Establish, maintain, operate, manage, supervise, control,	33119
or have an interest in a brothel or any other enterprise a purpose	33120
of which is to facilitate engagement in sexual activity for hire;	33121

(2) Supervise, manage, or control the activities of a	33122
prostitute in engaging in sexual activity for hire;	33123

(3) Transport another, or cause another to be transported	33124
~~across the boundary of this state or of any county in this state~~,	33125
in order to facilitate the other person's engaging in sexual	33126
activity for hire;	33127

(4) For the purpose of violating or facilitating a violation	33128
of this section, induce or procure another to engage in sexual	33129
activity for hire.	33130

(B) Whoever violates this section is guilty of promoting	33131
prostitution. Except as otherwise provided in this division,	33132
promoting prostitution is a felony of the fourth degree. If any	33133
prostitute in the brothel involved in the offense, or the	33134
prostitute whose activities are supervised, managed, or controlled	33135
by the offender, or the person transported, induced, or procured	33136
by the offender to engage in sexual activity for hire, is a minor,	33137
whether or not the offender knows the age of the minor, then	33138
promoting prostitution is a felony of the third degree. If the	33139
offender in any case also is convicted of or pleads guilty to a	33140
specification as described in section 2941.1422 of the Revised	33141
Code that was included in the indictment, count in the indictment,	33142
or information charging the offense, the court shall sentence the	33143
offender to a mandatory prison term as provided in division (B)(7)	33144
of section 2929.14 of the Revised Code and shall order the	33145
offender to make restitution as provided in division (B)(8) of	33146
section 2929.18 of the Revised Code.	33147

Sec. 2913.40. (A) As used in this section:

33148

(1) "Statement or representation" means any oral, written,	33149
electronic, electronic impulse, or magnetic communication that is	33150
used to identify an item of goods or a service for which	33151
reimbursement may be made under the ~~medical assistance~~medicaid	33152
program or that states income and expense and is or may be used to	33153
determine a rate of reimbursement under the ~~medical assistance~~	33154
medicaid program.	33155

(2) ~~"Medical assistance program" means the program~~	33156
~~established by the department of job and family services to~~	33157
~~provide medical assistance under section 5111.01 of the Revised~~	33158
~~Code and the medicaid program of Title XIX of the "Social Security~~	33159
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.~~	33160

~~(3)~~ "Provider" means any person who has signed a provider	33161
agreement with the department of ~~job and family services~~medicaid	33162
to provide goods or services pursuant to the ~~medical assistance~~	33163
medicaid program or any person who has signed an agreement with a	33164
party to such a provider agreement under which the person agrees	33165
to provide goods or services that are reimbursable under the	33166
~~medical assistance~~medicaid program.	33167

~~(4)~~(3) "Provider agreement" ~~means an oral or written~~	33168
~~agreement between the department of job and family services and a~~	33169
~~person in which the person agrees to provide goods or services~~	33170
~~under the medical assistance program~~has the same meaning as in	33171
section 5164.01 of the Revised Code.	33172

~~(5)~~(4) "Recipient" means any individual who receives goods or	33173
services from a provider under the ~~medical assistance~~medicaid	33174
program.	33175

~~(6)~~(5) "Records" means any medical, professional, financial,	33176
or business records relating to the treatment or care of any	33177
recipient, to goods or services provided to any recipient, or to	33178
rates paid for goods or services provided to any recipient and any	33179
records that are required by the rules of the medicaid director of	33180
~~job and family services~~ to be kept for the ~~medical assistance~~	33181
medicaid program.	33182

(B) No person shall knowingly make or cause to be made a	33183
false or misleading statement or representation for use in	33184
obtaining reimbursement from the ~~medical assistance~~medicaid	33185
program.	33186

(C) No person, with purpose to commit fraud or knowing that	33187
the person is facilitating a fraud, shall do either of the	33188
following:	33189

(1) Contrary to the terms of the person's provider agreement,	33190
charge, solicit, accept, or receive for goods or services that the	33191
person provides under the ~~medical assistance~~medicaid program any	33192
property, money, or other consideration in addition to the amount	33193
of reimbursement under the ~~medical assistance~~medicaid program and	33194
the person's provider agreement for the goods or services and any	33195
cost-sharing expenses authorized by section ~~5111.0112~~5162.20 of	33196
the Revised Code or rules adopted ~~pursuant to section 5111.01,~~	33197
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	33198
regarding the medicaid program.	33199

(2) Solicit, offer, or receive any remuneration, other than	33200
any cost-sharing expenses authorized by section ~~5111.0112~~5162.20	33201
of the Revised Code or rules adopted ~~under section 5111.01,~~	33202
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	33203
regarding the medicaid program, in cash or in kind, including, but	33204
not limited to, a kickback or rebate, in connection with the	33205
furnishing of goods or services for which whole or partial	33206
reimbursement is or may be made under the ~~medical assistance~~	33207
medicaid program.	33208

(D) No person, having submitted a claim for or provided goods	33209
or services under the ~~medical assistance~~medicaid program, shall	33210
do either of the following for a period of at least six years	33211
after a reimbursement pursuant to that claim, or a reimbursement	33212
for those goods or services, is received under the ~~medical~~	33213
~~assistance~~medicaid program:	33214

(1) Knowingly alter, falsify, destroy, conceal, or remove any	33215
records that are necessary to fully disclose the nature of all	33216
goods or services for which the claim was submitted, or for which	33217
reimbursement was received, by the person;	33218

(2) Knowingly alter, falsify, destroy, conceal, or remove any	33219
records that are necessary to disclose fully all income and	33220
expenditures upon which rates of reimbursements were based for the	33221
person.	33222

(E) Whoever violates this section is guilty of medicaid	33223
fraud. Except as otherwise provided in this division, medicaid	33224
fraud is a misdemeanor of the first degree. If the value of	33225
property, services, or funds obtained in violation of this section	33226
is one thousand dollars or more and is less than seven thousand	33227
five hundred dollars, medicaid fraud is a felony of the fifth	33228
degree. If the value of property, services, or funds obtained in	33229
violation of this section is seven thousand five hundred dollars	33230
or more and is less than one hundred fifty thousand dollars,	33231
medicaid fraud is a felony of the fourth degree. If the value of	33232
the property, services, or funds obtained in violation of this	33233
section is one hundred fifty thousand dollars or more, medicaid	33234
fraud is a felony of the third degree.	33235

(F) Upon application of the governmental agency, office, or	33236
other entity that conducted the investigation and prosecution in a	33237
case under this section, the court shall order any person who is	33238
convicted of a violation of this section for receiving any	33239
reimbursement for furnishing goods or services under the ~~medical~~	33240
~~assistance~~medicaid program to which the person is not entitled to	33241
pay to the applicant its cost of investigating and prosecuting the	33242
case. The costs of investigation and prosecution that a defendant	33243
is ordered to pay pursuant to this division shall be in addition	33244
to any other penalties for the receipt of that reimbursement that	33245
are provided in this section, section ~~5111.03~~5164.35 of the	33246
Revised Code, or any other provision of law.	33247

(G) The provisions of this section are not intended to be	33248
exclusive remedies and do not preclude the use of any other	33249
criminal or civil remedy for any act that is in violation of this	33250
section.	33251

Sec. 2913.401. (A) As used in this section:

33252

(1) "Medicaid ~~benefits~~services" ~~means benefits under the~~	33253
~~medical assistance program established under Chapter 5111.~~has the	33254
same meaning as in section 5164.01 of the Revised Code.	33255

(2) "Property" means any real or personal property or other	33256
asset in which a person has any legal title or interest.	33257

(B) No person shall knowingly do any of the following in an	33258
application for enrollment in the medicaid ~~benefits~~program or in	33259
a document that requires a disclosure of assets for the purpose of	33260
determining eligibility ~~to receive~~for the medicaid ~~benefits~~	33261
program:	33262

(1) Make or cause to be made a false or misleading statement;

33263

(2) Conceal an interest in property;

33264

(3)(a) Except as provided in division (B)(3)(b) of this	33265
section, fail to disclose a transfer of property that occurred	33266
during the period beginning thirty-six months before submission of	33267
the application or document and ending on the date the application	33268
or document was submitted;	33269

(b) Fail to disclose a transfer of property that occurred	33270
during the period beginning sixty months before submission of the	33271
application or document and ending on the date the application or	33272
document was submitted and that was made to an irrevocable trust a	33273
portion of which is not distributable to the applicant for	33274
~~medicaid benefits~~ or ~~the~~ recipient of medicaid ~~benefits~~ or to a	33275
revocable trust.	33276

(C)(1) Whoever violates this section is guilty of medicaid	33277
eligibility fraud. Except as otherwise provided in this division,	33278
a violation of this section is a misdemeanor of the first degree.	33279
If the value of the medicaid ~~benefits~~services paid as a result of	33280
the violation is one thousand dollars or more and is less than	33281
seven thousand five hundred dollars, a violation of this section	33282
is a felony of the fifth degree. If the value of the medicaid	33283
~~benefits~~services paid as a result of the violation is seven	33284
thousand five hundred dollars or more and is less than one hundred	33285
fifty thousand dollars, a violation of this section is a felony of	33286
the fourth degree. If the value of the medicaid ~~benefits~~services	33287
paid as a result of the violation is one hundred fifty thousand	33288
dollars or more, a violation of this section is a felony of the	33289
third degree.	33290

(2) In addition to imposing a sentence under division (C)(1)	33291
of this section, the court shall order that a person who is guilty	33292
of medicaid eligibility fraud make restitution in the full amount	33293
of any medicaid ~~benefits~~services paid on behalf of an applicant	33294
for or recipient of medicaid ~~benefits~~ for which the applicant or	33295
recipient was not eligible, plus interest at the rate applicable	33296
to judgments on unreimbursed amounts from the date on which the	33297
~~benefits~~medicaid services were paid to the date on which	33298
restitution is made.	33299

(3) The remedies and penalties provided in this section are	33300
not exclusive and do not preclude the use of any other criminal or	33301
civil remedy for any act that is in violation of this section.	33302

(D) This section does not apply to a person who fully	33303
disclosed in an application for medicaid ~~benefits~~ or in a document	33304
that requires a disclosure of assets for the purpose of	33305
determining eligibility ~~to receive~~for medicaid ~~benefits~~ all of	33306
the interests in property of the applicant for or recipient of	33307
medicaid ~~benefits~~, all transfers of property by the applicant for	33308
or recipient of medicaid ~~benefits~~, and the circumstances of all	33309
those transfers.	33310

(E) Any amounts of medicaid ~~benefits~~services recovered as	33311
restitution under this section and any interest on those amounts	33312
shall be credited to the general revenue fund, and any applicable	33313
federal share shall be returned to the appropriate agency or	33314
department of the United States.	33315

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	33316
violation of section 2919.27 of the Revised Code or of a municipal	33317
ordinance that is substantially similar to that section, the court	33318
may order an evaluation of the mental condition of the defendant	33319
if the court determines that either of the following criteria	33320
apply:	33321

(i) If the alleged violation is a violation of a protection	33322
order issued or consent agreement approved pursuant to section	33323
2919.26 or 3113.31 of the Revised Code, that the violation	33324
allegedly involves conduct by the defendant that caused physical	33325
harm to the person or property of a family or household member	33326
covered by the order or agreement, or conduct by the defendant	33327
that caused a family or household member to believe that the	33328
defendant would cause physical harm to that member or that	33329
member's property.	33330

(ii) If the alleged violation is a violation of a protection	33331
order issued pursuant to section 2903.213 or 2903.214 of the	33332
Revised Code or a protection order issued by a court of another	33333
state, that the violation allegedly involves conduct by the	33334
defendant that caused physical harm to the person or property of	33335
the person covered by the order, or conduct by the defendant that	33336
caused the person covered by the order to believe that the	33337
defendant would cause physical harm to that person or that	33338
person's property.	33339

(b) If a defendant is charged with a violation of section	33340
2903.211 of the Revised Code or of a municipal ordinance that is	33341
substantially similar to that section, the court may order an	33342
evaluation of the mental condition of the defendant.	33343

(2) An evaluation ordered under division (A)(1) of this	33344
section shall be completed no later than thirty days from the date	33345
the order is entered pursuant to that division. In that order, the	33346
court shall do either of the following:	33347

(a) Order that the evaluation of the mental condition of the	33348
defendant be preceded by an examination conducted either by a	33349
forensic center that is designated by the department of ~~mental~~	33350
~~health~~mental health and addiction services to conduct	33351
examinations and make evaluations of defendants charged with	33352
violations of section 2903.211 or 2919.27 of the Revised Code or	33353
of substantially similar municipal ordinances in the area in which	33354
the court is located, or by any other program or facility that is	33355
designated by the department of ~~mental health~~mental health and	33356
addiction services or the department of developmental disabilities	33357
to conduct examinations and make evaluations of defendants charged	33358
with violations of section 2903.211 or 2919.27 of the Revised Code	33359
or of substantially similar municipal ordinances, and that is	33360
operated by either department or is certified by either department	33361
as being in compliance with the standards established under	33362
division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 of the Revised Code	33363
or division (C) of section 5123.04 of the Revised Code.	33364

(b) Designate a center, program, or facility other than one	33365
designated by the department of ~~mental health~~mental health and	33366
addiction services or the department of developmental	33367
disabilities, as described in division (A)(2)(a) of this section,	33368
to conduct the evaluation and preceding examination of the mental	33369
condition of the defendant.	33370

Whether the court acts pursuant to division (A)(2)(a) or (b)	33371
of this section, the court may designate examiners other than the	33372
personnel of the center, program, facility, or department involved	33373
to make the evaluation and preceding examination of the mental	33374
condition of the defendant.	33375

(B) If the court considers that additional evaluations of the	33376
mental condition of a defendant are necessary following the	33377
evaluation authorized by division (A) of this section, the court	33378
may order up to two additional similar evaluations. These	33379
evaluations shall be completed no later than thirty days from the	33380
date the applicable court order is entered. If more than one	33381
evaluation of the mental condition of the defendant is ordered	33382
under this division, the prosecutor and the defendant may	33383
recommend to the court an examiner whom each prefers to perform	33384
one of the evaluations and preceding examinations.	33385

(C)(1) The court may order a defendant who has been released	33386
on bail to submit to an examination under division (A) or (B) of	33387
this section. The examination shall be conducted either at the	33388
detention facility in which the defendant would have been confined	33389
if the defendant had not been released on bail, or, if so	33390
specified by the center, program, facility, or examiners involved,	33391
at the premises of the center, program, or facility. Additionally,	33392
the examination shall be conducted at the times established by the	33393
examiners involved. If such a defendant refuses to submit to an	33394
examination or a complete examination as required by the court or	33395
the center, program, facility, or examiners involved, the court	33396
may amend the conditions of the bail of the defendant and order	33397
the sheriff to take the defendant into custody and deliver the	33398
defendant to the detention facility in which the defendant would	33399
have been confined if the defendant had not been released on bail,	33400
or, if so specified by the center, program, facility, or examiners	33401
involved, to the premises of the center, program, or facility, for	33402
purposes of the examination.	33403

(2) A defendant who has not been released on bail shall be	33404
examined at the detention facility in which the defendant is	33405
confined or, if so specified by the center, program, facility, or	33406
examiners involved, at the premises of the center, program, or	33407
facility.	33408

(D) The examiner of the mental condition of a defendant under	33409
division (A) or (B) of this section shall file a written report	33410
with the court within thirty days after the entry of an order for	33411
the evaluation of the mental condition of the defendant. The	33412
report shall contain the findings of the examiner; the facts in	33413
reasonable detail on which the findings are based; the opinion of	33414
the examiner as to the mental condition of the defendant; the	33415
opinion of the examiner as to whether the defendant represents a	33416
substantial risk of physical harm to other persons as manifested	33417
by evidence of recent homicidal or other violent behavior,	33418
evidence of recent threats that placed other persons in reasonable	33419
fear of violent behavior and serious physical harm, or evidence of	33420
present dangerousness; and the opinion of the examiner as to the	33421
types of treatment or counseling that the defendant needs. The	33422
court shall provide copies of the report to the prosecutor and	33423
defense counsel.	33424

(E) The costs of any evaluation and preceding examination of	33425
a defendant that is ordered pursuant to division (A) or (B) of	33426
this section shall be taxed as court costs in the criminal case.	33427

(F) If the examiner considers it necessary in order to make	33428
an accurate evaluation of the mental condition of a defendant, an	33429
examiner under division (A) or (B) of this section may request any	33430
family or household member of the defendant to provide the	33431
examiner with information. A family or household member may, but	33432
is not required to, provide information to the examiner upon	33433
receipt of the request.	33434

(G) As used in this section:

33435

(1) "Bail" includes a recognizance.

33436

(2) "Examiner" means a psychiatrist, a licensed independent	33437
social worker who is employed by a forensic center that is	33438
certified as being in compliance with the standards established	33439
under division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 or division	33440
(C) of section 5123.04 of the Revised Code, a licensed	33441
professional clinical counselor who is employed at a forensic	33442
center that is certified as being in compliance with such	33443
standards, or a licensed clinical psychologist, except that in	33444
order to be an examiner, a licensed clinical psychologist shall	33445
meet the criteria of division (I)(1) of section 5122.01 of the	33446
Revised Code or be employed to conduct examinations by the	33447
department of ~~mental health~~mental health and addiction services	33448
or by a forensic center certified as being in compliance with the	33449
standards established under division ~~(H)~~(B)(7) of section ~~5119.01~~	33450
5119.10 or division (C) of section 5123.04 of the Revised Code	33451
that is designated by the department of ~~mental health~~mental	33452
health and addiction services.	33453

(3) "Family or household member" has the same meaning as in	33454
section 2919.25 of the Revised Code.	33455

(4) "Prosecutor" has the same meaning as in section 2935.01	33456
of the Revised Code.	33457

(5) "Psychiatrist" and "licensed clinical psychologist" have	33458
the same meanings as in section 5122.01 of the Revised Code.	33459

(6) "Protection order issued by a court of another state" has	33460
the same meaning as in section 2919.27 of the Revised Code.	33461

Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the	33462
Revised Code:	33463

(A) "Public official" means any elected or appointed officer,	33464
or employee, or agent of the state or any political subdivision,	33465
whether in a temporary or permanent capacity, and includes, but is	33466
not limited to, legislators, judges, and law enforcement officers.	33467
"Public official" does not include an employee, officer, or	33468
governor-appointed member of the board of directors of the	33469
nonprofit corporation formed under section 187.01 of the Revised	33470
Code.	33471

(B) "Public servant" means any of the following:

33472

(1) Any public official;

33473

(2) Any person performing ad hoc a governmental function,	33474
including, but not limited to, a juror, member of a temporary	33475
commission, master, arbitrator, advisor, or consultant;	33476

(3) A person who is a candidate for public office, whether or	33477
not the person is elected or appointed to the office for which the	33478
person is a candidate. A person is a candidate for purposes of	33479
this division if the person has been nominated according to law	33480
for election or appointment to public office, or if the person has	33481
filed a petition or petitions as required by law to have the	33482
person's name placed on the ballot in a primary, general, or	33483
special election, or if the person campaigns as a write-in	33484
candidate in any primary, general, or special election.	33485

"Public servant" does not include an employee, officer, or	33486
governor-appointed member of the board of directors of the	33487
nonprofit corporation formed under section 187.01 of the Revised	33488
Code.	33489

(C) "Party official" means any person who holds an elective	33490
or appointive post in a political party in the United States or	33491
this state, by virtue of which the person directs, conducts, or	33492
participates in directing or conducting party affairs at any level	33493
of responsibility.	33494

(D) "Official proceeding" means any proceeding before a	33495
legislative, judicial, administrative, or other governmental	33496
agency or official authorized to take evidence under oath, and	33497
includes any proceeding before a referee, hearing examiner,	33498
commissioner, notary, or other person taking testimony or a	33499
deposition in connection with an official proceeding.	33500

(E) "Detention" means arrest; confinement in any vehicle	33501
subsequent to an arrest; confinement in any public or private	33502
facility for custody of persons charged with or convicted of crime	33503
in this state or another state or under the laws of the United	33504
States or alleged or found to be a delinquent child or unruly	33505
child in this state or another state or under the laws of the	33506
United States; hospitalization, institutionalization, or	33507
confinement in any public or private facility that is ordered	33508
pursuant to or under the authority of section 2945.37, 2945.371,	33509
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	33510
Code; confinement in any vehicle for transportation to or from any	33511
facility of any of those natures; detention for extradition or	33512
deportation; except as provided in this division, supervision by	33513
any employee of any facility of any of those natures that is	33514
incidental to hospitalization, institutionalization, or	33515
confinement in the facility but that occurs outside the facility;	33516
supervision by an employee of the department of rehabilitation and	33517
correction of a person on any type of release from a state	33518
correctional institution; or confinement in any vehicle, airplane,	33519
or place while being returned from outside of this state into this	33520
state by a private person or entity pursuant to a contract entered	33521
into under division (E) of section 311.29 of the Revised Code or	33522
division (B) of section 5149.03 of the Revised Code. For a person	33523
confined in a county jail who participates in a county jail	33524
industry program pursuant to section 5147.30 of the Revised Code,	33525
"detention" includes time spent at an assigned work site and going	33526
to and from the work site.	33527

(F) "Detention facility" means any public or private place	33528
used for the confinement of a person charged with or convicted of	33529
any crime in this state or another state or under the laws of the	33530
United States or alleged or found to be a delinquent child or	33531
unruly child in this state or another state or under the laws of	33532
the United States.	33533

(G) "Valuable thing or valuable benefit" includes, but is not	33534
limited to, a contribution. This inclusion does not indicate or	33535
imply that a contribution was not included in those terms before	33536
September 17, 1986.	33537

(H) "Campaign committee," "contribution," "political action	33538
committee," "legislative campaign fund," "political party," and	33539
"political contributing entity" have the same meanings as in	33540
section 3517.01 of the Revised Code.	33541

(I) "Provider agreement" ~~and "medical assistance program"~~	33542
~~have~~has the same ~~meanings~~meaning as in section ~~2913.40~~5164.01	33543
of the Revised Code.	33544

Sec. 2921.13. (A) No person shall knowingly make a false	33545
statement, or knowingly swear or affirm the truth of a false	33546
statement previously made, when any of the following applies:	33547

(1) The statement is made in any official proceeding.

33548

(2) The statement is made with purpose to incriminate	33549
another.	33550

(3) The statement is made with purpose to mislead a public	33551
official in performing the public official's official function.	33552

(4) The statement is made with purpose to secure a grant	33553
under Chapter 4143. of the Revised Code; the payment of	33554
unemployment compensation; Ohio works first; prevention,	33555
retention, and contingency benefits and services; disability	33556
financial assistance; retirement benefits or health care coverage	33557
from a state retirement system; economic development assistance,	33558
as defined in section 9.66 of the Revised Code; or other benefits	33559
administered by a governmental agency or paid out of a public	33560
treasury.	33561

(5) The statement is made with purpose to secure the issuance	33562
by a governmental agency of a license, permit, authorization,	33563
certificate, registration, release, or provider agreement.	33564

(6) The statement is sworn or affirmed before a notary public	33565
or another person empowered to administer oaths.	33566

(7) The statement is in writing on or in connection with a	33567
report or return that is required or authorized by law.	33568

(8) The statement is in writing and is made with purpose to	33569
induce another to extend credit to or employ the offender, to	33570
confer any degree, diploma, certificate of attainment, award of	33571
excellence, or honor on the offender, or to extend to or bestow	33572
upon the offender any other valuable benefit or distinction, when	33573
the person to whom the statement is directed relies upon it to	33574
that person's detriment.	33575

(9) The statement is made with purpose to commit or	33576
facilitate the commission of a theft offense.	33577

(10) The statement is knowingly made to a probate court in	33578
connection with any action, proceeding, or other matter within its	33579
jurisdiction, either orally or in a written document, including,	33580
but not limited to, an application, petition, complaint, or other	33581
pleading, or an inventory, account, or report.	33582

(11) The statement is made on an account, form, record,	33583
stamp, label, or other writing that is required by law.	33584

(12) The statement is made in connection with the purchase of	33585
a firearm, as defined in section 2923.11 of the Revised Code, and	33586
in conjunction with the furnishing to the seller of the firearm of	33587
a fictitious or altered driver's or commercial driver's license or	33588
permit, a fictitious or altered identification card, or any other	33589
document that contains false information about the purchaser's	33590
identity.	33591

(13) The statement is made in a document or instrument of	33592
writing that purports to be a judgment, lien, or claim of	33593
indebtedness and is filed or recorded with the secretary of state,	33594
a county recorder, or the clerk of a court of record.	33595

(14) The statement is made in an application filed with a	33596
county sheriff pursuant to section 2923.125 of the Revised Code in	33597
order to obtain or renew a concealed handgun license or is made in	33598
an affidavit submitted to a county sheriff to obtain a concealed	33599
handgun license on a temporary emergency basis under section	33600
2923.1213 of the Revised Code.	33601

(15) The statement is required under section 5743.71 of the	33602
Revised Code in connection with the person's purchase of	33603
cigarettes or tobacco products in a delivery sale.	33604

(B) No person, in connection with the purchase of a firearm,	33605
as defined in section 2923.11 of the Revised Code, shall knowingly	33606
furnish to the seller of the firearm a fictitious or altered	33607
driver's or commercial driver's license or permit, a fictitious or	33608
altered identification card, or any other document that contains	33609
false information about the purchaser's identity.	33610

(C) No person, in an attempt to obtain a concealed handgun	33611
license under section 2923.125 of the Revised Code, shall	33612
knowingly present to a sheriff a fictitious or altered document	33613
that purports to be certification of the person's competence in	33614
handling a handgun as described in division (B)(3) of that	33615
section.	33616

(D) It is no defense to a charge under division (A)(6) of	33617
this section that the oath or affirmation was administered or	33618
taken in an irregular manner.	33619

(E) If contradictory statements relating to the same fact are	33620
made by the offender within the period of the statute of	33621
limitations for falsification, it is not necessary for the	33622
prosecution to prove which statement was false but only that one	33623
or the other was false.	33624

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	33625
(6), (7), (8), (10), (11), (13), or (15) of this section is guilty	33626
of falsification, a misdemeanor of the first degree.	33627

(2) Whoever violates division (A)(9) of this section is	33628
guilty of falsification in a theft offense. Except as otherwise	33629
provided in this division, falsification in a theft offense is a	33630
misdemeanor of the first degree. If the value of the property or	33631
services stolen is one thousand dollars or more and is less than	33632
seven thousand five hundred dollars, falsification in a theft	33633
offense is a felony of the fifth degree. If the value of the	33634
property or services stolen is seven thousand five hundred dollars	33635
or more and is less than one hundred fifty thousand dollars,	33636
falsification in a theft offense is a felony of the fourth degree.	33637
If the value of the property or services stolen is one hundred	33638
fifty thousand dollars or more, falsification in a theft offense	33639
is a felony of the third degree.	33640

(3) Whoever violates division (A)(12) or (B) of this section	33641
is guilty of falsification to purchase a firearm, a felony of the	33642
fifth degree.	33643

(4) Whoever violates division (A)(14) or (C) of this section	33644
is guilty of falsification to obtain a concealed handgun license,	33645
a felony of the fourth degree.	33646

(G) A person who violates this section is liable in a civil	33647
action to any person harmed by the violation for injury, death, or	33648
loss to person or property incurred as a result of the commission	33649
of the offense and for reasonable attorney's fees, court costs,	33650
and other expenses incurred as a result of prosecuting the civil	33651
action commenced under this division. A civil action under this	33652
division is not the exclusive remedy of a person who incurs	33653
injury, death, or loss to person or property as a result of a	33654
violation of this section.	33655

Sec. 2921.22. (A)(1) Except as provided in division (A)(2)	33656
of this section, no person, knowing that a felony has been or is	33657
being committed, shall knowingly fail to report such information	33658
to law enforcement authorities.	33659

(2) No person, knowing that a violation of division (B) of	33660
section 2913.04 of the Revised Code has been, or is being	33661
committed or that the person has received information derived from	33662
such a violation, shall knowingly fail to report the violation to	33663
law enforcement authorities.	33664

(B) Except for conditions that are within the scope of	33665
division (E) of this section, no physician, limited practitioner,	33666
nurse, or other person giving aid to a sick or injured person	33667
shall negligently fail to report to law enforcement authorities	33668
any gunshot or stab wound treated or observed by the physician,	33669
limited practitioner, nurse, or person, or any serious physical	33670
harm to persons that the physician, limited practitioner, nurse,	33671
or person knows or has reasonable cause to believe resulted from	33672
an offense of violence.	33673

(C) No person who discovers the body or acquires the first	33674
knowledge of the death of a person shall fail to report the death	33675
immediately to a physician whom the person knows to be treating	33676
the deceased for a condition from which death at such time would	33677
not be unexpected, or to a law enforcement officer, an ambulance	33678
service, an emergency squad, or the coroner in a political	33679
subdivision in which the body is discovered, the death is believed	33680
to have occurred, or knowledge concerning the death is obtained.	33681

(D) No person shall fail to provide upon request of the	33682
person to whom a report required by division (C) of this section	33683
was made, or to any law enforcement officer who has reasonable	33684
cause to assert the authority to investigate the circumstances	33685
surrounding the death, any facts within the person's knowledge	33686
that may have a bearing on the investigation of the death.	33687

(E)(1) As used in this division, "burn injury" means any of	33688
the following:	33689

(a) Second or third degree burns;

33690

(b) Any burns to the upper respiratory tract or laryngeal	33691
edema due to the inhalation of superheated air;	33692

33693

(d) Any physical harm to persons caused by or as the result	33694
of the use of fireworks, novelties and trick noisemakers, and wire	33695
sparklers, as each is defined by section 3743.01 of the Revised	33696
Code.	33697

(2) No physician, nurse, or limited practitioner who, outside	33698
a hospital, sanitarium, or other medical facility, attends or	33699
treats a person who has sustained a burn injury that is inflicted	33700
by an explosion or other incendiary device or that shows evidence	33701
of having been inflicted in a violent, malicious, or criminal	33702
manner shall fail to report the burn injury immediately to the	33703
local arson, or fire and explosion investigation, bureau, if there	33704
is a bureau of this type in the jurisdiction in which the person	33705
is attended or treated, or otherwise to local law enforcement	33706
authorities.	33707

(3) No manager, superintendent, or other person in charge of	33708
a hospital, sanitarium, or other medical facility in which a	33709
person is attended or treated for any burn injury that is	33710
inflicted by an explosion or other incendiary device or that shows	33711
evidence of having been inflicted in a violent, malicious, or	33712
criminal manner shall fail to report the burn injury immediately	33713
to the local arson, or fire and explosion investigation, bureau,	33714
if there is a bureau of this type in the jurisdiction in which the	33715
person is attended or treated, or otherwise to local law	33716
enforcement authorities.	33717

(4) No person who is required to report any burn injury under	33718
division (E)(2) or (3) of this section shall fail to file, within	33719
three working days after attending or treating the victim, a	33720
written report of the burn injury with the office of the state	33721
fire marshal. The report shall comply with the uniform standard	33722
developed by the state fire marshal pursuant to division (A)(15)	33723
of section 3737.22 of the Revised Code.	33724

(5) Anyone participating in the making of reports under	33725
division (E) of this section or anyone participating in a judicial	33726
proceeding resulting from the reports is immune from any civil or	33727
criminal liability that otherwise might be incurred or imposed as	33728
a result of such actions. Notwithstanding section 4731.22 of the	33729
Revised Code, the physician-patient relationship is not a ground	33730
for excluding evidence regarding a person's burn injury or the	33731
cause of the burn injury in any judicial proceeding resulting from	33732
a report submitted under division (E) of this section.	33733

(F)(1) Any doctor of medicine or osteopathic medicine,	33734
hospital intern or resident, registered or licensed practical	33735
nurse, psychologist, social worker, independent social worker,	33736
social work assistant, professional clinical counselor, or	33737
professional counselor who knows or has reasonable cause to	33738
believe that a patient or client has been the victim of domestic	33739
violence, as defined in section 3113.31 of the Revised Code, shall	33740
note that knowledge or belief and the basis for it in the	33741
patient's or client's records.	33742

(2) Notwithstanding section 4731.22 of the Revised Code, the	33743
doctor-patient privilege shall not be a ground for excluding any	33744
information regarding the report containing the knowledge or	33745
belief noted under division (F)(1) of this section, and the	33746
information may be admitted as evidence in accordance with the	33747
Rules of Evidence.	33748

(G) Divisions (A) and (D) of this section do not require	33749
disclosure of information, when any of the following applies:	33750

(1) The information is privileged by reason of the	33751
relationship between attorney and client; doctor and patient;	33752
licensed psychologist or licensed school psychologist and client;	33753
member of the clergy, rabbi, minister, or priest and any person	33754
communicating information confidentially to the member of the	33755
clergy, rabbi, minister, or priest for a religious counseling	33756
purpose of a professional character; husband and wife; or a	33757
communications assistant and those who are a party to a	33758
telecommunications relay service call.	33759

(2) The information would tend to incriminate a member of the	33760
actor's immediate family.	33761

(3) Disclosure of the information would amount to revealing a	33762
news source, privileged under section 2739.04 or 2739.12 of the	33763
Revised Code.	33764

(4) Disclosure of the information would amount to disclosure	33765
by a member of the ordained clergy of an organized religious body	33766
of a confidential communication made to that member of the clergy	33767
in that member's capacity as a member of the clergy by a person	33768
seeking the aid or counsel of that member of the clergy.	33769

(5) Disclosure would amount to revealing information acquired	33770
by the actor in the course of the actor's duties in connection	33771
with a bona fide program of treatment or services for drug	33772
dependent persons or persons in danger of drug dependence, which	33773
program is maintained or conducted by a hospital, clinic, person,	33774
agency, or ~~organization~~services provider certified pursuant to	33775
section ~~3793.06~~5119.36 of the Revised Code.	33776

(6) Disclosure would amount to revealing information acquired	33777
by the actor in the course of the actor's duties in connection	33778
with a bona fide program for providing counseling services to	33779
victims of crimes that are violations of section 2907.02 or	33780
2907.05 of the Revised Code or to victims of felonious sexual	33781
penetration in violation of former section 2907.12 of the Revised	33782
Code. As used in this division, "counseling services" include	33783
services provided in an informal setting by a person who, by	33784
education or experience, is competent to provide those services.	33785

(H) No disclosure of information pursuant to this section	33786
gives rise to any liability or recrimination for a breach of	33787
privilege or confidence.	33788

(I) Whoever violates division (A) or (B) of this section is	33789
guilty of failure to report a crime. Violation of division (A)(1)	33790
of this section is a misdemeanor of the fourth degree. Violation	33791
of division (A)(2) or (B) of this section is a misdemeanor of the	33792
second degree.	33793

(J) Whoever violates division (C) or (D) of this section is	33794
guilty of failure to report knowledge of a death, a misdemeanor of	33795
the fourth degree.	33796

(K)(1) Whoever negligently violates division (E) of this	33797
section is guilty of a minor misdemeanor.	33798

(2) Whoever knowingly violates division (E) of this section	33799
is guilty of a misdemeanor of the second degree.	33800

Sec. 2921.36. (A) No person shall knowingly convey, or	33801
attempt to convey, onto the grounds of a detention facility or of	33802
an institution, office building, or other place that is under the	33803
control of the department of ~~mental health~~mental health and	33804
addiction services, the department of developmental disabilities,	33805
the department of youth services, or the department of	33806
rehabilitation and correction any of the following items:	33807

(1) Any deadly weapon or dangerous ordnance, as defined in	33808
section 2923.11 of the Revised Code, or any part of or ammunition	33809
for use in such a deadly weapon or dangerous ordnance;	33810

(2) Any drug of abuse, as defined in section 3719.011 of the	33811
Revised Code;	33812

(3) Any intoxicating liquor, as defined in section 4301.01 of	33813
the Revised Code.	33814

(B) Division (A) of this section does not apply to any person	33815
who conveys or attempts to convey an item onto the grounds of a	33816
detention facility or of an institution, office building, or other	33817
place under the control of the department of ~~mental health~~mental	33818
health and addiction services, the department of developmental	33819
disabilities, the department of youth services, or the department	33820
of rehabilitation and correction pursuant to the written	33821
authorization of the person in charge of the detention facility or	33822
the institution, office building, or other place and in accordance	33823
with the written rules of the detention facility or the	33824
institution, office building, or other place.	33825

(C) No person shall knowingly deliver, or attempt to deliver,	33826
to any person who is confined in a detention facility, to a child	33827
confined in a youth services facility, to a prisoner who is	33828
temporarily released from confinement for a work assignment, or to	33829
any patient in an institution under the control of the department	33830
of ~~mental health~~mental health and addiction services or the	33831
department of developmental disabilities any item listed in	33832
division (A)(1), (2), or (3) of this section.	33833

(D) No person shall knowingly deliver, or attempt to deliver,	33834
cash to any person who is confined in a detention facility, to a	33835
child confined in a youth services facility, or to a prisoner who	33836
is temporarily released from confinement for a work assignment.	33837

(E) No person shall knowingly deliver, or attempt to deliver,	33838
to any person who is confined in a detention facility, to a child	33839
confined in a youth services facility, or to a prisoner who is	33840
temporarily released from confinement for a work assignment a	33841
cellular telephone, two-way radio, or other electronic	33842
communications device.	33843

(F)(1) It is an affirmative defense to a charge under	33844
division (A)(1) of this section that the weapon or dangerous	33845
ordnance in question was being transported in a motor vehicle for	33846
any lawful purpose, that it was not on the actor's person, and, if	33847
the weapon or dangerous ordnance in question was a firearm, that	33848
it was unloaded and was being carried in a closed package, box, or	33849
case or in a compartment that can be reached only by leaving the	33850
vehicle.	33851

(2) It is an affirmative defense to a charge under division	33852
(C) of this section that the actor was not otherwise prohibited by	33853
law from delivering the item to the confined person, the child,	33854
the prisoner, or the patient and that either of the following	33855
applies:	33856

(a) The actor was permitted by the written rules of the	33857
detention facility or the institution, office building, or other	33858
place to deliver the item to the confined person or the patient.	33859

(b) The actor was given written authorization by the person	33860
in charge of the detention facility or the institution, office	33861
building, or other place to deliver the item to the confined	33862
person or the patient.	33863

(G)(1) Whoever violates division (A)(1) of this section or	33864
commits a violation of division (C) of this section involving an	33865
item listed in division (A)(1) of this section is guilty of	33866
illegal conveyance of weapons onto the grounds of a specified	33867
governmental facility, a felony of the third degree. If the	33868
offender is an officer or employee of the department of	33869
rehabilitation and correction, the court shall impose a mandatory	33870
prison term.	33871

(2) Whoever violates division (A)(2) of this section or	33872
commits a violation of division (C) of this section involving any	33873
drug of abuse is guilty of illegal conveyance of drugs of abuse	33874
onto the grounds of a specified governmental facility, a felony of	33875
the third degree. If the offender is an officer or employee of the	33876
department of rehabilitation and correction or of the department	33877
of youth services, the court shall impose a mandatory prison term.	33878

(3) Whoever violates division (A)(3) of this section or	33879
commits a violation of division (C) of this section involving any	33880
intoxicating liquor is guilty of illegal conveyance of	33881
intoxicating liquor onto the grounds of a specified governmental	33882
facility, a misdemeanor of the second degree.	33883

(4) Whoever violates division (D) of this section is guilty	33884
of illegal conveyance of cash onto the grounds of a detention	33885
facility, a misdemeanor of the first degree. If the offender	33886
previously has been convicted of or pleaded guilty to a violation	33887
of division (D) of this section, illegal conveyance of cash onto	33888
the grounds of a detention facility is a felony of the fifth	33889
degree.	33890

(5) Whoever violates division (E) of this section is guilty	33891
of illegal conveyance of a communications device onto the grounds	33892
of a specified governmental facility, a misdemeanor of the first	33893
degree, or if the offender previously has been convicted of or	33894
pleaded guilty to a violation of division (E) of this section, a	33895
felony of the fifth degree.	33896

Sec. 2921.38. (A) No person who is confined in a detention	33897
facility, with intent to harass, annoy, threaten, or alarm another	33898
person, shall cause or attempt to cause the other person to come	33899
into contact with blood, semen, urine, feces, or another bodily	33900
substance by throwing the bodily substance at the other person, by	33901
expelling the bodily substance upon the other person, or in any	33902
other manner.	33903

(B) No person, with intent to harass, annoy, threaten, or	33904
alarm a law enforcement officer, shall cause or attempt to cause	33905
the law enforcement officer to come into contact with blood,	33906
semen, urine, feces, or another bodily substance by throwing the	33907
bodily substance at the law enforcement officer, by expelling the	33908
bodily substance upon the law enforcement officer, or in any other	33909
manner.	33910

(C) No person, with knowledge that the person is a carrier of	33911
the virus that causes acquired immunodeficiency syndrome, is a	33912
carrier of a hepatitis virus, or is infected with tuberculosis and	33913
with intent to harass, annoy, threaten, or alarm another person,	33914
shall cause or attempt to cause the other person to come into	33915
contact with blood, semen, urine, feces, or another bodily	33916
substance by throwing the bodily substance at the other person, by	33917
expelling the bodily substance upon the other person, or in any	33918
other manner.	33919

(D) Whoever violates this section is guilty of harassment	33920
with a bodily substance. A violation of division (A) or (B) of	33921
this section is a felony of the fifth degree. A violation of	33922
division (C) of this section is a felony of the third degree.	33923

(E)(1) The court, on request of the prosecutor, or the law	33924
enforcement authority responsible for the investigation of the	33925
violation, shall cause a person who allegedly has committed a	33926
violation of this section to submit to one or more appropriate	33927
tests to determine if the person is a carrier of the virus that	33928
causes acquired immunodeficiency syndrome, is a carrier of a	33929
hepatitis virus, or is infected with tuberculosis.	33930

(2) The court shall charge the offender with the costs of the	33931
test or tests ordered under division (E)(1) of this section unless	33932
the court determines that the accused is unable to pay, in which	33933
case the costs shall be charged to the entity that operates the	33934
detention facility in which the alleged offense occurred.	33935

(F) This section does not apply to a person who is	33936
hospitalized, institutionalized, or confined in a facility	33937
operated by the department of ~~mental health~~mental health and	33938
addiction services or the department of developmental	33939
disabilities.	33940

Sec. 2923.125. (A) This section applies with respect to the	33941
application for and issuance by this state of concealed handgun	33942
licenses other than concealed handgun licenses on a temporary	33943
emergency basis that are issued under section 2923.1213 of the	33944
Revised Code. Upon the request of a person who wishes to obtain a	33945
concealed handgun license with respect to which this section	33946
applies or to renew a concealed handgun license with respect to	33947
which this section applies, a sheriff, as provided in division (I)	33948
of this section, shall provide to the person free of charge an	33949
application form and the web site address at which the pamphlet	33950
described in division (B) of section 109.731 of the Revised Code	33951
may be found. A sheriff shall accept a completed application form	33952
and the fee, items, materials, and information specified in	33953
divisions (B)(1) to (5) of this section at the times and in the	33954
manners described in division (I) of this section.	33955

(B) An applicant for a concealed handgun license with respect	33956
to which this section applies shall submit a completed application	33957
form and all of the following to the sheriff of the county in	33958
which the applicant resides or to the sheriff of any county	33959
adjacent to the county in which the applicant resides:	33960

(1)(a) A nonrefundable license fee as described in either of	33961
the following:	33962

(i) For an applicant who has been a resident of this state	33963
for five or more years, a fee of sixty-seven dollars;	33964

(ii) For an applicant who has been a resident of this state	33965
for less than five years, a fee of sixty-seven dollars plus the	33966
actual cost of having a background check performed by the federal	33967
bureau of investigation.	33968

(b) No sheriff shall require an applicant to pay for the cost	33969
of a background check performed by the bureau of criminal	33970
identification and investigation.	33971

(c) A sheriff shall waive the payment of the license fee	33972
described in division (B)(1)(a) of this section in connection with	33973
an initial or renewal application for a license that is submitted	33974
by an applicant who is a retired peace officer, a retired person	33975
described in division (B)(1)(b) of section 109.77 of the Revised	33976
Code, or a retired federal law enforcement officer who, prior to	33977
retirement, was authorized under federal law to carry a firearm in	33978
the course of duty, unless the retired peace officer, person, or	33979
federal law enforcement officer retired as the result of a mental	33980
disability.	33981

(d) The sheriff shall deposit all fees paid by an applicant	33982
under division (B)(1)(a) of this section into the sheriff's	33983
concealed handgun license issuance fund established pursuant to	33984
section 311.42 of the Revised Code. The county shall distribute	33985
the fees in accordance with section 311.42 of the Revised Code.	33986

(2) A color photograph of the applicant that was taken within	33987
thirty days prior to the date of the application;	33988

(3) One or more of the following competency certifications,	33989
each of which shall reflect that, regarding a certification	33990
described in division (B)(3)(a), (b), (c), (e), or (f) of this	33991
section, within the three years immediately preceding the	33992
application the applicant has performed that to which the	33993
competency certification relates and that, regarding a	33994
certification described in division (B)(3)(d) of this section, the	33995
applicant currently is an active or reserve member of the armed	33996
forces of the United States or within the six years immediately	33997
preceding the application the honorable discharge or retirement to	33998
which the competency certification relates occurred:	33999

(a) An original or photocopy of a certificate of completion	34000
of a firearms safety, training, or requalification or firearms	34001
safety instructor course, class, or program that was offered by or	34002
under the auspices of the national rifle association and that	34003
complies with the requirements set forth in division (G) of this	34004
section;	34005

(b) An original or photocopy of a certificate of completion	34006
of a firearms safety, training, or requalification or firearms	34007
safety instructor course, class, or program that satisfies all of	34008
the following criteria:	34009

(i) It was open to members of the general public.

34010

(ii) It utilized qualified instructors who were certified by	34011
the national rifle association, the executive director of the Ohio	34012
peace officer training commission pursuant to section 109.75 or	34013
109.78 of the Revised Code, or a governmental official or entity	34014
of another state.	34015

(iii) It was offered by or under the auspices of a law	34016
enforcement agency of this or another state or the United States,	34017
a public or private college, university, or other similar	34018
postsecondary educational institution located in this or another	34019
state, a firearms training school located in this or another	34020
state, or another type of public or private entity or organization	34021
located in this or another state.	34022

(iv) It complies with the requirements set forth in division	34023
(G) of this section.	34024

(c) An original or photocopy of a certificate of completion	34025
of a state, county, municipal, or department of natural resources	34026
peace officer training school that is approved by the executive	34027
director of the Ohio peace officer training commission pursuant to	34028
section 109.75 of the Revised Code and that complies with the	34029
requirements set forth in division (G) of this section, or the	34030
applicant has satisfactorily completed and been issued a	34031
certificate of completion of a basic firearms training program, a	34032
firearms requalification training program, or another basic	34033
training program described in section 109.78 or 109.801 of the	34034
Revised Code that complies with the requirements set forth in	34035
division (G) of this section;	34036

(d) A document that evidences both of the following:

34037

(i) That the applicant is an active or reserve member of the	34038
armed forces of the United States, was honorably discharged from	34039
military service in the active or reserve armed forces of the	34040
United States, is a retired trooper of the state highway patrol,	34041
or is a retired peace officer or federal law enforcement officer	34042
described in division (B)(1) of this section or a retired person	34043
described in division (B)(1)(b) of section 109.77 of the Revised	34044
Code and division (B)(1) of this section;	34045

(ii) That, through participation in the military service or	34046
through the former employment described in division (B)(3)(d)(i)	34047
of this section, the applicant acquired experience with handling	34048
handguns or other firearms, and the experience so acquired was	34049
equivalent to training that the applicant could have acquired in a	34050
course, class, or program described in division (B)(3)(a), (b), or	34051
(c) of this section.	34052

(e) A certificate or another similar document that evidences	34053
satisfactory completion of a firearms training, safety, or	34054
requalification or firearms safety instructor course, class, or	34055
program that is not otherwise described in division (B)(3)(a),	34056
(b), (c), or (d) of this section, that was conducted by an	34057
instructor who was certified by an official or entity of the	34058
government of this or another state or the United States or by the	34059
national rifle association, and that complies with the	34060
requirements set forth in division (G) of this section;	34061

(f) An affidavit that attests to the applicant's satisfactory	34062
completion of a course, class, or program described in division	34063
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	34064
by the applicant's instructor or an authorized representative of	34065
the entity that offered the course, class, or program or under	34066
whose auspices the course, class, or program was offered.	34067

(4) A certification by the applicant that the applicant has	34068
read the pamphlet prepared by the Ohio peace officer training	34069
commission pursuant to section 109.731 of the Revised Code that	34070
reviews firearms, dispute resolution, and use of deadly force	34071
matters.	34072

(5) A set of fingerprints of the applicant provided as	34073
described in section 311.41 of the Revised Code through use of an	34074
electronic fingerprint reading device or, if the sheriff to whom	34075
the application is submitted does not possess and does not have	34076
ready access to the use of such a reading device, on a standard	34077
impression sheet prescribed pursuant to division (C)(2) of section	34078
109.572 of the Revised Code.	34079

(C) Upon receipt of the completed application form,	34080
supporting documentation, and, if not waived, license fee of an	34081
applicant under this section, a sheriff, in the manner specified	34082
in section 311.41 of the Revised Code, shall conduct or cause to	34083
be conducted the criminal records check and the incompetency	34084
records check described in section 311.41 of the Revised Code.	34085

(D)(1) Except as provided in division (D)(3) or (4) of this	34086
section, within forty-five days after a sheriff's receipt of an	34087
applicant's completed application form for a concealed handgun	34088
license under this section, the supporting documentation, and, if	34089
not waived, the license fee, the sheriff shall make available	34090
through the law enforcement automated data system in accordance	34091
with division (H) of this section the information described in	34092
that division and, upon making the information available through	34093
the system, shall issue to the applicant a concealed handgun	34094
license that shall expire as described in division (D)(2)(a) of	34095
this section if all of the following apply:	34096

(a) The applicant is legally living in the United States, has	34097
been a resident of this state for at least forty-five days, and	34098
has been a resident of the county in which the person seeks the	34099
license or a county adjacent to the county in which the person	34100
seeks the license for at least thirty days. For purposes of	34101
division (D)(1)(a) of this section:	34102

(i) If a person is absent from the United States, from this	34103
state, or from a particular county in this state in compliance	34104
with military or naval orders as an active or reserve member of	34105
the armed forces of the United States and if prior to leaving this	34106
state in compliance with those orders the person was legally	34107
living in the United States and was a resident of this state, the	34108
person, solely by reason of that absence, shall not be considered	34109
to have lost the person's status as living in the United States or	34110
the person's residence in this state or in the county in which the	34111
person was a resident prior to leaving this state in compliance	34112
with those orders, without regard to whether or not the person	34113
intends to return to this state or to that county, shall not be	34114
considered to have acquired a residence in any other state, and	34115
shall not be considered to have become a resident of any other	34116
state.	34117

(ii) If a person is present in this state in compliance with	34118
military or naval orders as an active or reserve member of the	34119
armed forces of the United States for at least forty-five days,	34120
the person shall be considered to have been a resident of this	34121
state for that period of at least forty-five days, and, if a	34122
person is present in a county of this state in compliance with	34123
military or naval orders as an active or reserve member of the	34124
armed forces of the United States for at least thirty days, the	34125
person shall be considered to have been a resident of that county	34126
for that period of at least thirty days.	34127

(b) The applicant is at least twenty-one years of age.

34128

34129

(d) The applicant is not under indictment for or otherwise	34130
charged with a felony; an offense under Chapter 2925., 3719., or	34131
4729. of the Revised Code that involves the illegal possession,	34132
use, sale, administration, or distribution of or trafficking in a	34133
drug of abuse; a misdemeanor offense of violence; or a violation	34134
of section 2903.14 or 2923.1211 of the Revised Code.	34135

(e) Except as otherwise provided in division (D)(5) of this	34136
section, the applicant has not been convicted of or pleaded guilty	34137
to a felony or an offense under Chapter 2925., 3719., or 4729. of	34138
the Revised Code that involves the illegal possession, use, sale,	34139
administration, or distribution of or trafficking in a drug of	34140
abuse; has not been adjudicated a delinquent child for committing	34141
an act that if committed by an adult would be a felony or would be	34142
an offense under Chapter 2925., 3719., or 4729. of the Revised	34143
Code that involves the illegal possession, use, sale,	34144
administration, or distribution of or trafficking in a drug of	34145
abuse; and has not been convicted of, pleaded guilty to, or	34146
adjudicated a delinquent child for committing a violation of	34147
section 2903.13 of the Revised Code when the victim of the	34148
violation is a peace officer, regardless of whether the applicant	34149
was sentenced under division (C)~~(3)~~(4) of that section.	34150

(f) Except as otherwise provided in division (D)(5) of this	34151
section, the applicant, within three years of the date of the	34152
application, has not been convicted of or pleaded guilty to a	34153
misdemeanor offense of violence other than a misdemeanor violation	34154
of section 2921.33 of the Revised Code or a violation of section	34155
2903.13 of the Revised Code when the victim of the violation is a	34156
peace officer, or a misdemeanor violation of section 2923.1211 of	34157
the Revised Code; and has not been adjudicated a delinquent child	34158
for committing an act that if committed by an adult would be a	34159
misdemeanor offense of violence other than a misdemeanor violation	34160
of section 2921.33 of the Revised Code or a violation of section	34161
2903.13 of the Revised Code when the victim of the violation is a	34162
peace officer or for committing an act that if committed by an	34163
adult would be a misdemeanor violation of section 2923.1211 of the	34164
Revised Code.	34165

(g) Except as otherwise provided in division (D)(1)(e) of	34166
this section, the applicant, within five years of the date of the	34167
application, has not been convicted of, pleaded guilty to, or	34168
adjudicated a delinquent child for committing two or more	34169
violations of section 2903.13 or 2903.14 of the Revised Code.	34170

(h) Except as otherwise provided in division (D)(5) of this	34171
section, the applicant, within ten years of the date of the	34172
application, has not been convicted of, pleaded guilty to, or	34173
adjudicated a delinquent child for committing a violation of	34174
section 2921.33 of the Revised Code.	34175

(i) The applicant has not been adjudicated as a mental	34176
defective, has not been committed to any mental institution, is	34177
not under adjudication of mental incompetence, has not been found	34178
by a court to be a mentally ill person subject to hospitalization	34179
by court order, and is not an involuntary patient other than one	34180
who is a patient only for purposes of observation. As used in this	34181
division, "mentally ill person subject to hospitalization by court	34182
order" and "patient" have the same meanings as in section 5122.01	34183
of the Revised Code.	34184

(j) The applicant is not currently subject to a civil	34185
protection order, a temporary protection order, or a protection	34186
order issued by a court of another state.	34187

(k) The applicant certifies that the applicant desires a	34188
legal means to carry a concealed handgun for defense of the	34189
applicant or a member of the applicant's family while engaged in	34190
lawful activity.	34191

(l) The applicant submits a competency certification of the	34192
type described in division (B)(3) of this section and submits a	34193
certification of the type described in division (B)(4) of this	34194
section regarding the applicant's reading of the pamphlet prepared	34195
by the Ohio peace officer training commission pursuant to section	34196
109.731 of the Revised Code.	34197

(m) The applicant currently is not subject to a suspension	34198
imposed under division (A)(2) of section 2923.128 of the Revised	34199
Code of a concealed handgun license that previously was issued to	34200
the applicant under this section or section 2923.1213 of the	34201
Revised Code.	34202

(2)(a) A concealed handgun license that a sheriff issues	34203
under division (D)(1) of this section shall expire five years	34204
after the date of issuance.	34205

If a sheriff issues a license under this section, the sheriff	34206
shall place on the license a unique combination of letters and	34207
numbers identifying the license in accordance with the procedure	34208
prescribed by the Ohio peace officer training commission pursuant	34209
to section 109.731 of the Revised Code.	34210

(b) If a sheriff denies an application under this section	34211
because the applicant does not satisfy the criteria described in	34212
division (D)(1) of this section, the sheriff shall specify the	34213
grounds for the denial in a written notice to the applicant. The	34214
applicant may appeal the denial pursuant to section 119.12 of the	34215
Revised Code in the county served by the sheriff who denied the	34216
application. If the denial was as a result of the criminal records	34217
check conducted pursuant to section 311.41 of the Revised Code and	34218
if, pursuant to section 2923.127 of the Revised Code, the	34219
applicant challenges the criminal records check results using the	34220
appropriate challenge and review procedure specified in that	34221
section, the time for filing the appeal pursuant to section 119.12	34222
of the Revised Code and this division is tolled during the	34223
pendency of the request or the challenge and review. If the court	34224
in an appeal under section 119.12 of the Revised Code and this	34225
division enters a judgment sustaining the sheriff's refusal to	34226
grant to the applicant a concealed handgun license, the applicant	34227
may file a new application beginning one year after the judgment	34228
is entered. If the court enters a judgment in favor of the	34229
applicant, that judgment shall not restrict the authority of a	34230
sheriff to suspend or revoke the license pursuant to section	34231
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	34232
the license for any proper cause that may occur after the date the	34233
judgment is entered. In the appeal, the court shall have full	34234
power to dispose of all costs.	34235

(3) If the sheriff with whom an application for a concealed	34236
handgun license was filed under this section becomes aware that	34237
the applicant has been arrested for or otherwise charged with an	34238
offense that would disqualify the applicant from holding the	34239
license, the sheriff shall suspend the processing of the	34240
application until the disposition of the case arising from the	34241
arrest or charge.	34242

(4) If the sheriff determines that the applicant is legally	34243
living in the United States and is a resident of the county in	34244
which the applicant seeks the license or of an adjacent county but	34245
does not yet meet the residency requirements described in division	34246
(D)(1)(a) of this section, the sheriff shall not deny the license	34247
because of the residency requirements but shall not issue the	34248
license until the applicant meets those residency requirements.	34249

(5) If an applicant has been convicted of or pleaded guilty	34250
to an offense identified in division (D)(1)(e), (f), or (h) of	34251
this section or has been adjudicated a delinquent child for	34252
committing an act or violation identified in any of those	34253
divisions, and if a court has ordered the sealing or expungement	34254
of the records of that conviction, guilty plea, or adjudication	34255
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	34256
2953.36, or section 2953.37 of the Revised Code or a court has	34257
granted the applicant relief pursuant to section 2923.14 of the	34258
Revised Code from the disability imposed pursuant to section	34259
2923.13 of the Revised Code relative to that conviction, guilty	34260
plea, or adjudication, the sheriff with whom the application was	34261
submitted shall not consider the conviction, guilty plea, or	34262
adjudication in making a determination under division (D)(1) or	34263
(F) of this section or, in relation to an application for a	34264
concealed handgun license on a temporary emergency basis submitted	34265
under section 2923.1213 of the Revised Code, in making a	34266
determination under division (B)(2) of that section.	34267

(E) If a concealed handgun license issued under this section	34268
is lost or is destroyed, the licensee may obtain from the sheriff	34269
who issued that license a duplicate license upon the payment of a	34270
fee of fifteen dollars and the submission of an affidavit	34271
attesting to the loss or destruction of the license. The sheriff,	34272
in accordance with the procedures prescribed in section 109.731 of	34273
the Revised Code, shall place on the replacement license a	34274
combination of identifying numbers different from the combination	34275
on the license that is being replaced.	34276

(F)(1) A licensee who wishes to renew a concealed handgun	34277
license issued under this section shall do so not earlier than	34278
ninety days before the expiration date of the license or at any	34279
time after the expiration date of the license by filing with the	34280
sheriff of the county in which the applicant resides or with the	34281
sheriff of an adjacent county an application for renewal of the	34282
license obtained pursuant to division (D) of this section, a	34283
certification by the applicant that, subsequent to the issuance of	34284
the license, the applicant has reread the pamphlet prepared by the	34285
Ohio peace officer training commission pursuant to section 109.731	34286
of the Revised Code that reviews firearms, dispute resolution, and	34287
use of deadly force matters, and a nonrefundable license renewal	34288
fee in an amount determined pursuant to division (F)(4) of this	34289
section unless the fee is waived.	34290

(2) A sheriff shall accept a completed renewal application,	34291
the license renewal fee, and the information specified in division	34292
(F)(1) of this section at the times and in the manners described	34293
in division (I) of this section. Upon receipt of a completed	34294
renewal application, of certification that the applicant has	34295
reread the specified pamphlet prepared by the Ohio peace officer	34296
training commission, and of a license renewal fee unless the fee	34297
is waived, a sheriff, in the manner specified in section 311.41 of	34298
the Revised Code shall conduct or cause to be conducted the	34299
criminal records check and the incompetency records check	34300
described in section 311.41 of the Revised Code. The sheriff shall	34301
renew the license if the sheriff determines that the applicant	34302
continues to satisfy the requirements described in division (D)(1)	34303
of this section, except that the applicant is not required to meet	34304
the requirements of division (D)(1)(l) of this section. A renewed	34305
license shall expire five years after the date of issuance. A	34306
renewed license is subject to division (E) of this section and	34307
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	34308
shall comply with divisions (D)(2) to (4) of this section when the	34309
circumstances described in those divisions apply to a requested	34310
license renewal. If a sheriff denies the renewal of a concealed	34311
handgun license, the applicant may appeal the denial, or challenge	34312
the criminal record check results that were the basis of the	34313
denial if applicable, in the same manner as specified in division	34314
(D)(2)(b) of this section and in section 2923.127 of the Revised	34315
Code, regarding the denial of a license under this section.	34316

(3) A renewal application submitted pursuant to division (F)	34317
of this section shall only require the licensee to list on the	34318
application form information and matters occurring since the date	34319
of the licensee's last application for a license pursuant to	34320
division (B) or (F) of this section. A sheriff conducting the	34321
criminal records check and the incompetency records check	34322
described in section 311.41 of the Revised Code shall conduct the	34323
check only from the date of the licensee's last application for a	34324
license pursuant to division (B) or (F) of this section through	34325
the date of the renewal application submitted pursuant to division	34326
(F) of this section.	34327

(4) An applicant for a renewal concealed handgun license	34328
under this section shall submit to the sheriff of the county in	34329
which the applicant resides or to the sheriff of any county	34330
adjacent to the county in which the applicant resides a	34331
nonrefundable license fee as described in either of the following:	34332

(a) For an applicant who has been a resident of this state	34333
for five or more years, a fee of fifty dollars;	34334

(b) For an applicant who has been a resident of this state	34335
for less than five years, a fee of fifty dollars plus the actual	34336
cost of having a background check performed by the federal bureau	34337
of investigation.	34338

(G)(1) Each course, class, or program described in division	34339
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	34340
person who takes the course, class, or program the web site	34341
address at which the pamphlet prepared by the Ohio peace officer	34342
training commission pursuant to section 109.731 of the Revised	34343
Code that reviews firearms, dispute resolution, and use of deadly	34344
force matters may be found. Each such course, class, or program	34345
described in one of those divisions shall include at least twelve	34346
hours of training in the safe handling and use of a firearm that	34347
shall include all of the following:	34348

(a) At least ten hours of training on the following matters:

34349

(i) The ability to name, explain, and demonstrate the rules	34350
for safe handling of a handgun and proper storage practices for	34351
handguns and ammunition;	34352

(ii) The ability to demonstrate and explain how to handle	34353
ammunition in a safe manner;	34354

(iii) The ability to demonstrate the knowledge, skills, and	34355
attitude necessary to shoot a handgun in a safe manner;	34356

(iv) Gun handling training.

34357

(b) At least two hours of training that consists of range	34358
time and live-fire training.	34359

(2) To satisfactorily complete the course, class, or program	34360
described in division (B)(3)(a), (b), (c), or (e) of this section,	34361
the applicant shall pass a competency examination that shall	34362
include both of the following:	34363

(a) A written section on the ability to name and explain the	34364
rules for the safe handling of a handgun and proper storage	34365
practices for handguns and ammunition;	34366

(b) A physical demonstration of competence in the use of a	34367
handgun and in the rules for safe handling and storage of a	34368
handgun and a physical demonstration of the attitude necessary to	34369
shoot a handgun in a safe manner.	34370

(3) The competency certification described in division	34371
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	34372
shall attest that the course, class, or program the applicant	34373
successfully completed met the requirements described in division	34374
(G)(1) of this section and that the applicant passed the	34375
competency examination described in division (G)(2) of this	34376
section.	34377

(H) Upon deciding to issue a concealed handgun license,	34378
deciding to issue a replacement concealed handgun license, or	34379
deciding to renew a concealed handgun license pursuant to this	34380
section, and before actually issuing or renewing the license, the	34381
sheriff shall make available through the law enforcement automated	34382
data system all information contained on the license. If the	34383
license subsequently is suspended under division (A)(1) or (2) of	34384
section 2923.128 of the Revised Code, revoked pursuant to division	34385
(B)(1) of section 2923.128 of the Revised Code, or lost or	34386
destroyed, the sheriff also shall make available through the law	34387
enforcement automated data system a notation of that fact. The	34388
superintendent of the state highway patrol shall ensure that the	34389
law enforcement automated data system is so configured as to	34390
permit the transmission through the system of the information	34391
specified in this division.	34392

(I) A sheriff shall accept a completed application form or	34393
renewal application, and the fee, items, materials, and	34394
information specified in divisions (B)(1) to (5) or division (F)	34395
of this section, whichever is applicable, and shall provide an	34396
application form or renewal application to any person during at	34397
least fifteen hours a week and shall provide the web site address	34398
at which the pamphlet described in division (B) of section 109.731	34399
of the Revised Code may be found at any time, upon request. The	34400
sheriff shall post notice of the hours during which the sheriff is	34401
available to accept or provide the information described in this	34402
division.	34403

Sec. 2923.126. (A) A concealed handgun license that is	34404
issued under section 2923.125 of the Revised Code shall expire	34405
five years after the date of issuance. A licensee who has been	34406
issued a license under that section shall be granted a grace	34407
period of thirty days after the licensee's license expires during	34408
which the licensee's license remains valid. Except as provided in	34409
divisions (B) and (C) of this section, a licensee who has been	34410
issued a concealed handgun license under section 2923.125 or	34411
2923.1213 of the Revised Code may carry a concealed handgun	34412
anywhere in this state if the licensee also carries a valid	34413
license and valid identification when the licensee is in actual	34414
possession of a concealed handgun. The licensee shall give notice	34415
of any change in the licensee's residence address to the sheriff	34416
who issued the license within forty-five days after that change.	34417

If a licensee is the driver or an occupant of a motor vehicle	34418
that is stopped as the result of a traffic stop or a stop for	34419
another law enforcement purpose and if the licensee is	34420
transporting or has a loaded handgun in the motor vehicle at that	34421
time, the licensee shall promptly inform any law enforcement	34422
officer who approaches the vehicle while stopped that the licensee	34423
has been issued a concealed handgun license and that the licensee	34424
currently possesses or has a loaded handgun; the licensee shall	34425
not knowingly disregard or fail to comply with lawful orders of a	34426
law enforcement officer given while the motor vehicle is stopped,	34427
knowingly fail to remain in the motor vehicle while stopped, or	34428
knowingly fail to keep the licensee's hands in plain sight after	34429
any law enforcement officer begins approaching the licensee while	34430
stopped and before the officer leaves, unless directed otherwise	34431
by a law enforcement officer; and the licensee shall not knowingly	34432
have contact with the loaded handgun by touching it with the	34433
licensee's hands or fingers, in any manner in violation of	34434
division (E) of section 2923.16 of the Revised Code, after any law	34435
enforcement officer begins approaching the licensee while stopped	34436
and before the officer leaves. Additionally, if a licensee is the	34437
driver or an occupant of a commercial motor vehicle that is	34438
stopped by an employee of the motor carrier enforcement unit for	34439
the purposes defined in section 5503.04 of the Revised Code and if	34440
the licensee is transporting or has a loaded handgun in the	34441
commercial motor vehicle at that time, the licensee shall promptly	34442
inform the employee of the unit who approaches the vehicle while	34443
stopped that the licensee has been issued a concealed handgun	34444
license and that the licensee currently possesses or has a loaded	34445
handgun.	34446

If a licensee is stopped for a law enforcement purpose and if	34447
the licensee is carrying a concealed handgun at the time the	34448
officer approaches, the licensee shall promptly inform any law	34449
enforcement officer who approaches the licensee while stopped that	34450
the licensee has been issued a concealed handgun license and that	34451
the licensee currently is carrying a concealed handgun; the	34452
licensee shall not knowingly disregard or fail to comply with	34453
lawful orders of a law enforcement officer given while the	34454
licensee is stopped or knowingly fail to keep the licensee's hands	34455
in plain sight after any law enforcement officer begins	34456
approaching the licensee while stopped and before the officer	34457
leaves, unless directed otherwise by a law enforcement officer;	34458
and the licensee shall not knowingly remove, attempt to remove,	34459
grasp, or hold the loaded handgun or knowingly have contact with	34460
the loaded handgun by touching it with the licensee's hands or	34461
fingers, in any manner in violation of division (B) of section	34462
2923.12 of the Revised Code, after any law enforcement officer	34463
begins approaching the licensee while stopped and before the	34464
officer leaves.	34465

(B) A valid concealed handgun license does not authorize the	34466
licensee to carry a concealed handgun in any manner prohibited	34467
under division (B) of section 2923.12 of the Revised Code or in	34468
any manner prohibited under section 2923.16 of the Revised Code. A	34469
valid license does not authorize the licensee to carry a concealed	34470
handgun into any of the following places:	34471

(1) A police station, sheriff's office, or state highway	34472
patrol station, premises controlled by the bureau of criminal	34473
identification and investigation, a state correctional	34474
institution, jail, workhouse, or other detention facility, an	34475
airport passenger terminal, or an institution that is maintained,	34476
operated, managed, and governed pursuant to division (A) of	34477
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	34478
section 5123.03 of the Revised Code;	34479

(2) A school safety zone if the licensee's carrying the	34480
concealed handgun is in violation of section 2923.122 of the	34481
Revised Code;	34482

(3) A courthouse or another building or structure in which a	34483
courtroom is located, in violation of section 2923.123 of the	34484
Revised Code;	34485

(4) Any premises or open air arena for which a D permit has	34486
been issued under Chapter 4303. of the Revised Code if the	34487
licensee's carrying the concealed handgun is in violation of	34488
section 2923.121 of the Revised Code;	34489

(5) Any premises owned or leased by any public or private	34490
college, university, or other institution of higher education,	34491
unless the handgun is in a locked motor vehicle or the licensee is	34492
in the immediate process of placing the handgun in a locked motor	34493
vehicle;	34494

(6) Any church, synagogue, mosque, or other place of worship,	34495
unless the church, synagogue, mosque, or other place of worship	34496
posts or permits otherwise;	34497

(7) A child day-care center, a type A family day-care home, a	34498
type B family day-care home, or a type C family day-care home,	34499
except that this division does not prohibit a licensee who resides	34500
in a type A family day-care home, a type B family day-care home,	34501
or a type C family day-care home from carrying a concealed handgun	34502
at any time in any part of the home that is not dedicated or used	34503
for day-care purposes, or from carrying a concealed handgun in a	34504
part of the home that is dedicated or used for day-care purposes	34505
at any time during which no children, other than children of that	34506
licensee, are in the home;	34507

(8) An aircraft that is in, or intended for operation in,	34508
foreign air transportation, interstate air transportation,	34509
intrastate air transportation, or the transportation of mail by	34510
aircraft;	34511

(9) Any building that is a government facility of this state	34512
or a political subdivision of this state and that is not a	34513
building that is used primarily as a shelter, restroom, parking	34514
facility for motor vehicles, or rest facility and is not a	34515
courthouse or other building or structure in which a courtroom is	34516
located that is subject to division (B)(3) of this section;	34517

(10) A place in which federal law prohibits the carrying of	34518
handguns.	34519

(C)(1) Nothing in this section shall negate or restrict a	34520
rule, policy, or practice of a private employer that is not a	34521
private college, university, or other institution of higher	34522
education concerning or prohibiting the presence of firearms on	34523
the private employer's premises or property, including motor	34524
vehicles owned by the private employer. Nothing in this section	34525
shall require a private employer of that nature to adopt a rule,	34526
policy, or practice concerning or prohibiting the presence of	34527
firearms on the private employer's premises or property, including	34528
motor vehicles owned by the private employer.	34529

(2)(a) A private employer shall be immune from liability in a	34530
civil action for any injury, death, or loss to person or property	34531
that allegedly was caused by or related to a licensee bringing a	34532
handgun onto the premises or property of the private employer,	34533
including motor vehicles owned by the private employer, unless the	34534
private employer acted with malicious purpose. A private employer	34535
is immune from liability in a civil action for any injury, death,	34536
or loss to person or property that allegedly was caused by or	34537
related to the private employer's decision to permit a licensee to	34538
bring, or prohibit a licensee from bringing, a handgun onto the	34539
premises or property of the private employer. As used in this	34540
division, "private employer" includes a private college,	34541
university, or other institution of higher education.	34542

(b) A political subdivision shall be immune from liability in	34543
a civil action, to the extent and in the manner provided in	34544
Chapter 2744. of the Revised Code, for any injury, death, or loss	34545
to person or property that allegedly was caused by or related to a	34546
licensee bringing a handgun onto any premises or property owned,	34547
leased, or otherwise under the control of the political	34548
subdivision. As used in this division, "political subdivision" has	34549
the same meaning as in section 2744.01 of the Revised Code.	34550

(3)(a) Except as provided in division (C)(3)(b) of this	34551
section, the owner or person in control of private land or	34552
premises, and a private person or entity leasing land or premises	34553
owned by the state, the United States, or a political subdivision	34554
of the state or the United States, may post a sign in a	34555
conspicuous location on that land or on those premises prohibiting	34556
persons from carrying firearms or concealed firearms on or onto	34557
that land or those premises. Except as otherwise provided in this	34558
division, a person who knowingly violates a posted prohibition of	34559
that nature is guilty of criminal trespass in violation of	34560
division (A)(4) of section 2911.21 of the Revised Code and is	34561
guilty of a misdemeanor of the fourth degree. If a person	34562
knowingly violates a posted prohibition of that nature and the	34563
posted land or premises primarily was a parking lot or other	34564
parking facility, the person is not guilty of criminal trespass in	34565
violation of division (A)(4) of section 2911.21 of the Revised	34566
Code and instead is subject only to a civil cause of action for	34567
trespass based on the violation.	34568

(b) A landlord may not prohibit or restrict a tenant who is a	34569
licensee and who on or after September 9, 2008, enters into a	34570
rental agreement with the landlord for the use of residential	34571
premises, and the tenant's guest while the tenant is present, from	34572
lawfully carrying or possessing a handgun on those residential	34573
premises.	34574

34575

(i) "Residential premises" has the same meaning as in section	34576
5321.01 of the Revised Code, except "residential premises" does	34577
not include a dwelling unit that is owned or operated by a college	34578
or university.	34579

(ii) "Landlord," "tenant," and "rental agreement" have the	34580
same meanings as in section 5321.01 of the Revised Code.	34581

(D) A person who holds a concealed handgun license issued by	34582
another state that is recognized by the attorney general pursuant	34583
to a reciprocity agreement entered into pursuant to section 109.69	34584
of the Revised Code has the same right to carry a concealed	34585
handgun in this state as a person who was issued a concealed	34586
handgun license under section 2923.125 of the Revised Code and is	34587
subject to the same restrictions that apply to a person who	34588
carries a license issued under that section.	34589

(E) A peace officer has the same right to carry a concealed	34590
handgun in this state as a person who was issued a concealed	34591
handgun license under section 2923.125 of the Revised Code. For	34592
purposes of reciprocity with other states, a peace officer shall	34593
be considered to be a licensee in this state.	34594

(F)(1) A qualified retired peace officer who possesses a	34595
retired peace officer identification card issued pursuant to	34596
division (F)(2) of this section and a valid firearms	34597
requalification certification issued pursuant to division (F)(3)	34598
of this section has the same right to carry a concealed handgun in	34599
this state as a person who was issued a concealed handgun license	34600
under section 2923.125 of the Revised Code and is subject to the	34601
same restrictions that apply to a person who carries a license	34602
issued under that section. For purposes of reciprocity with other	34603
states, a qualified retired peace officer who possesses a retired	34604
peace officer identification card issued pursuant to division	34605
(F)(2) of this section and a valid firearms requalification	34606
certification issued pursuant to division (F)(3) of this section	34607
shall be considered to be a licensee in this state.	34608

(2)(a) Each public agency of this state or of a political	34609
subdivision of this state that is served by one or more peace	34610
officers shall issue a retired peace officer identification card	34611
to any person who retired from service as a peace officer with	34612
that agency, if the issuance is in accordance with the agency's	34613
policies and procedures and if the person, with respect to the	34614
person's service with that agency, satisfies all of the following:	34615

(i) The person retired in good standing from service as a	34616
peace officer with the public agency, and the retirement was not	34617
for reasons of mental instability.	34618

(ii) Before retiring from service as a peace officer with	34619
that agency, the person was authorized to engage in or supervise	34620
the prevention, detection, investigation, or prosecution of, or	34621
the incarceration of any person for, any violation of law and the	34622
person had statutory powers of arrest.	34623

(iii) At the time of the person's retirement as a peace	34624
officer with that agency, the person was trained and qualified to	34625
carry firearms in the performance of the peace officer's duties.	34626

(iv) Before retiring from service as a peace officer with	34627
that agency, the person was regularly employed as a peace officer	34628
for an aggregate of fifteen years or more, or, in the alternative,	34629
the person retired from service as a peace officer with that	34630
agency, after completing any applicable probationary period of	34631
that service, due to a service-connected disability, as determined	34632
by the agency.	34633

(b) A retired peace officer identification card issued to a	34634
person under division (F)(2)(a) of this section shall identify the	34635
person by name, contain a photograph of the person, identify the	34636
public agency of this state or of the political subdivision of	34637
this state from which the person retired as a peace officer and	34638
that is issuing the identification card, and specify that the	34639
person retired in good standing from service as a peace officer	34640
with the issuing public agency and satisfies the criteria set	34641
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	34642
addition to the required content specified in this division, a	34643
retired peace officer identification card issued to a person under	34644
division (F)(2)(a) of this section may include the firearms	34645
requalification certification described in division (F)(3) of this	34646
section, and if the identification card includes that	34647
certification, the identification card shall serve as the firearms	34648
requalification certification for the retired peace officer. If	34649
the issuing public agency issues credentials to active law	34650
enforcement officers who serve the agency, the agency may comply	34651
with division (F)(2)(a) of this section by issuing the same	34652
credentials to persons who retired from service as a peace officer	34653
with the agency and who satisfy the criteria set forth in	34654
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	34655
credentials so issued to retired peace officers are stamped with	34656
the word "RETIRED."	34657

(c) A public agency of this state or of a political	34658
subdivision of this state may charge persons who retired from	34659
service as a peace officer with the agency a reasonable fee for	34660
issuing to the person a retired peace officer identification card	34661
pursuant to division (F)(2)(a) of this section.	34662

(3) If a person retired from service as a peace officer with	34663
a public agency of this state or of a political subdivision of	34664
this state and the person satisfies the criteria set forth in	34665
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	34666
may provide the retired peace officer with the opportunity to	34667
attend a firearms requalification program that is approved for	34668
purposes of firearms requalification required under section	34669
109.801 of the Revised Code. The retired peace officer may be	34670
required to pay the cost of the course.	34671

If a retired peace officer who satisfies the criteria set	34672
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	34673
firearms requalification program that is approved for purposes of	34674
firearms requalification required under section 109.801 of the	34675
Revised Code, the retired peace officer's successful completion of	34676
the firearms requalification program requalifies the retired peace	34677
officer for purposes of division (F) of this section for five	34678
years from the date on which the program was successfully	34679
completed, and the requalification is valid during that five-year	34680
period. If a retired peace officer who satisfies the criteria set	34681
forth in divisions (F)(2)(a)(i) to (iv) of this section	34682
satisfactorily completes such a firearms requalification program,	34683
the retired peace officer shall be issued a firearms	34684
requalification certification that identifies the retired peace	34685
officer by name, identifies the entity that taught the program,	34686
specifies that the retired peace officer successfully completed	34687
the program, specifies the date on which the course was	34688
successfully completed, and specifies that the requalification is	34689
valid for five years from that date of successful completion. The	34690
firearms requalification certification for a retired peace officer	34691
may be included in the retired peace officer identification card	34692
issued to the retired peace officer under division (F)(2) of this	34693
section.	34694

A retired peace officer who attends a firearms	34695
requalification program that is approved for purposes of firearms	34696
requalification required under section 109.801 of the Revised Code	34697
may be required to pay the cost of the program.	34698

(G) As used in this section:

34699

(1) "Qualified retired peace officer" means a person who	34700
satisfies all of the following:	34701

(a) The person satisfies the criteria set forth in divisions	34702
(F)(2)(a)(i) to (v) of this section.	34703

(b) The person is not under the influence of alcohol or	34704
another intoxicating or hallucinatory drug or substance.	34705

(c) The person is not prohibited by federal law from	34706
receiving firearms.	34707

(2) "Retired peace officer identification card" means an	34708
identification card that is issued pursuant to division (F)(2) of	34709
this section to a person who is a retired peace officer.	34710

(3) "Government facility of this state or a political	34711
subdivision of this state" means any of the following:	34712

(a) A building or part of a building that is owned or leased	34713
by the government of this state or a political subdivision of this	34714
state and where employees of the government of this state or the	34715
political subdivision regularly are present for the purpose of	34716
performing their official duties as employees of the state or	34717
political subdivision;	34718

(b) The office of a deputy registrar serving pursuant to	34719
Chapter 4503. of the Revised Code that is used to perform deputy	34720
registrar functions.	34721

Sec. 2925.03. (A) No person shall knowingly do any of the	34722
following:	34723

(1) Sell or offer to sell a controlled substance or a	34724
controlled substance analog;	34725

(2) Prepare for shipment, ship, transport, deliver, prepare	34726
for distribution, or distribute a controlled substance or a	34727
controlled substance analog, when the offender knows or has	34728
reasonable cause to believe that the controlled substance or a	34729
controlled substance analog is intended for sale or resale by the	34730
offender or another person.	34731

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

34732

(1) Manufacturers, licensed health professionals authorized	34733
to prescribe drugs, pharmacists, owners of pharmacies, and other	34734
persons whose conduct is in accordance with Chapters 3719., 4715.,	34735
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	34736

(2) If the offense involves an anabolic steroid, any person	34737
who is conducting or participating in a research project involving	34738
the use of an anabolic steroid if the project has been approved by	34739
the United States food and drug administration;	34740

(3) Any person who sells, offers for sale, prescribes,	34741
dispenses, or administers for livestock or other nonhuman species	34742
an anabolic steroid that is expressly intended for administration	34743
through implants to livestock or other nonhuman species and	34744
approved for that purpose under the "Federal Food, Drug, and	34745
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	34746
and is sold, offered for sale, prescribed, dispensed, or	34747
administered for that purpose in accordance with that act.	34748

(C) Whoever violates division (A) of this section is guilty	34749
of one of the following:	34750

(1) If the drug involved in the violation is any compound,	34751
mixture, preparation, or substance included in schedule I or	34752
schedule II, with the exception of marihuana, cocaine, L.S.D.,	34753
heroin, hashish, and controlled substance analogs, whoever	34754
violates division (A) of this section is guilty of aggravated	34755
trafficking in drugs. The penalty for the offense shall be	34756
determined as follows:	34757

(a) Except as otherwise provided in division (C)(1)(b), (c),	34758
(d), (e), or (f) of this section, aggravated trafficking in drugs	34759
is a felony of the fourth degree, and division (C) of section	34760
2929.13 of the Revised Code applies in determining whether to	34761
impose a prison term on the offender.	34762

(b) Except as otherwise provided in division (C)(1)(c), (d),	34763
(e), or (f) of this section, if the offense was committed in the	34764
vicinity of a school or in the vicinity of a juvenile, aggravated	34765
trafficking in drugs is a felony of the third degree, and division	34766
(C) of section 2929.13 of the Revised Code applies in determining	34767
whether to impose a prison term on the offender.	34768

(c) Except as otherwise provided in this division, if the	34769
amount of the drug involved equals or exceeds the bulk amount but	34770
is less than five times the bulk amount, aggravated trafficking in	34771
drugs is a felony of the third degree, and, except as otherwise	34772
provided in this division, there is a presumption for a prison	34773
term for the offense. If aggravated trafficking in drugs is a	34774
felony of the third degree under this division and if the offender	34775
two or more times previously has been convicted of or pleaded	34776
guilty to a felony drug abuse offense, the court shall impose as a	34777
mandatory prison term one of the prison terms prescribed for a	34778
felony of the third degree. If the amount of the drug involved is	34779
within that range and if the offense was committed in the vicinity	34780
of a school or in the vicinity of a juvenile, aggravated	34781
trafficking in drugs is a felony of the second degree, and the	34782
court shall impose as a mandatory prison term one of the prison	34783
terms prescribed for a felony of the second degree.	34784

(d) Except as otherwise provided in this division, if the	34785
amount of the drug involved equals or exceeds five times the bulk	34786
amount but is less than fifty times the bulk amount, aggravated	34787
trafficking in drugs is a felony of the second degree, and the	34788
court shall impose as a mandatory prison term one of the prison	34789
terms prescribed for a felony of the second degree. If the amount	34790
of the drug involved is within that range and if the offense was	34791
committed in the vicinity of a school or in the vicinity of a	34792
juvenile, aggravated trafficking in drugs is a felony of the first	34793
degree, and the court shall impose as a mandatory prison term one	34794
of the prison terms prescribed for a felony of the first degree.	34795

(e) If the amount of the drug involved equals or exceeds	34796
fifty times the bulk amount but is less than one hundred times the	34797
bulk amount and regardless of whether the offense was committed in	34798
the vicinity of a school or in the vicinity of a juvenile,	34799
aggravated trafficking in drugs is a felony of the first degree,	34800
and the court shall impose as a mandatory prison term one of the	34801
prison terms prescribed for a felony of the first degree.	34802

(f) If the amount of the drug involved equals or exceeds one	34803
hundred times the bulk amount and regardless of whether the	34804
offense was committed in the vicinity of a school or in the	34805
vicinity of a juvenile, aggravated trafficking in drugs is a	34806
felony of the first degree, the offender is a major drug offender,	34807
and the court shall impose as a mandatory prison term the maximum	34808
prison term prescribed for a felony of the first degree.	34809

(2) If the drug involved in the violation is any compound,	34810
mixture, preparation, or substance included in schedule III, IV,	34811
or V, whoever violates division (A) of this section is guilty of	34812
trafficking in drugs. The penalty for the offense shall be	34813
determined as follows:	34814

(a) Except as otherwise provided in division (C)(2)(b), (c),	34815
(d), or (e) of this section, trafficking in drugs is a felony of	34816
the fifth degree, and division (B) of section 2929.13 of the	34817
Revised Code applies in determining whether to impose a prison	34818
term on the offender.	34819

(b) Except as otherwise provided in division (C)(2)(c), (d),	34820
or (e) of this section, if the offense was committed in the	34821
vicinity of a school or in the vicinity of a juvenile, trafficking	34822
in drugs is a felony of the fourth degree, and division (C) of	34823
section 2929.13 of the Revised Code applies in determining whether	34824
to impose a prison term on the offender.	34825

(c) Except as otherwise provided in this division, if the	34826
amount of the drug involved equals or exceeds the bulk amount but	34827
is less than five times the bulk amount, trafficking in drugs is a	34828
felony of the fourth degree, and division (B) of section 2929.13	34829
of the Revised Code applies in determining whether to impose a	34830
prison term for the offense. If the amount of the drug involved is	34831
within that range and if the offense was committed in the vicinity	34832
of a school or in the vicinity of a juvenile, trafficking in drugs	34833
is a felony of the third degree, and there is a presumption for a	34834
prison term for the offense.	34835

(d) Except as otherwise provided in this division, if the	34836
amount of the drug involved equals or exceeds five times the bulk	34837
amount but is less than fifty times the bulk amount, trafficking	34838
in drugs is a felony of the third degree, and there is a	34839
presumption for a prison term for the offense. If the amount of	34840
the drug involved is within that range and if the offense was	34841
committed in the vicinity of a school or in the vicinity of a	34842
juvenile, trafficking in drugs is a felony of the second degree,	34843
and there is a presumption for a prison term for the offense.	34844

(e) Except as otherwise provided in this division, if the	34845
amount of the drug involved equals or exceeds fifty times the bulk	34846
amount, trafficking in drugs is a felony of the second degree, and	34847
the court shall impose as a mandatory prison term one of the	34848
prison terms prescribed for a felony of the second degree. If the	34849
amount of the drug involved equals or exceeds fifty times the bulk	34850
amount and if the offense was committed in the vicinity of a	34851
school or in the vicinity of a juvenile, trafficking in drugs is a	34852
felony of the first degree, and the court shall impose as a	34853
mandatory prison term one of the prison terms prescribed for a	34854
felony of the first degree.	34855

(3) If the drug involved in the violation is marihuana or a	34856
compound, mixture, preparation, or substance containing marihuana	34857
other than hashish, whoever violates division (A) of this section	34858
is guilty of trafficking in marihuana. The penalty for the offense	34859
shall be determined as follows:	34860

(a) Except as otherwise provided in division (C)(3)(b), (c),	34861
(d), (e), (f), (g), or (h) of this section, trafficking in	34862
marihuana is a felony of the fifth degree, and division (B) of	34863
section 2929.13 of the Revised Code applies in determining whether	34864
to impose a prison term on the offender.	34865

(b) Except as otherwise provided in division (C)(3)(c), (d),	34866
(e), (f), (g), or (h) of this section, if the offense was	34867
committed in the vicinity of a school or in the vicinity of a	34868
juvenile, trafficking in marihuana is a felony of the fourth	34869
degree, and division (B) of section 2929.13 of the Revised Code	34870
applies in determining whether to impose a prison term on the	34871
offender.	34872

(c) Except as otherwise provided in this division, if the	34873
amount of the drug involved equals or exceeds two hundred grams	34874
but is less than one thousand grams, trafficking in marihuana is a	34875
felony of the fourth degree, and division (B) of section 2929.13	34876
of the Revised Code applies in determining whether to impose a	34877
prison term on the offender. If the amount of the drug involved is	34878
within that range and if the offense was committed in the vicinity	34879
of a school or in the vicinity of a juvenile, trafficking in	34880
marihuana is a felony of the third degree, and division (C) of	34881
section 2929.13 of the Revised Code applies in determining whether	34882
to impose a prison term on the offender.	34883

(d) Except as otherwise provided in this division, if the	34884
amount of the drug involved equals or exceeds one thousand grams	34885
but is less than five thousand grams, trafficking in marihuana is	34886
a felony of the third degree, and division (C) of section 2929.13	34887
of the Revised Code applies in determining whether to impose a	34888
prison term on the offender. If the amount of the drug involved is	34889
within that range and if the offense was committed in the vicinity	34890
of a school or in the vicinity of a juvenile, trafficking in	34891
marihuana is a felony of the second degree, and there is a	34892
presumption that a prison term shall be imposed for the offense.	34893

(e) Except as otherwise provided in this division, if the	34894
amount of the drug involved equals or exceeds five thousand grams	34895
but is less than twenty thousand grams, trafficking in marihuana	34896
is a felony of the third degree, and there is a presumption that a	34897
prison term shall be imposed for the offense. If the amount of the	34898
drug involved is within that range and if the offense was	34899
committed in the vicinity of a school or in the vicinity of a	34900
juvenile, trafficking in marihuana is a felony of the second	34901
degree, and there is a presumption that a prison term shall be	34902
imposed for the offense.	34903

(f) Except as otherwise provided in this division, if the	34904
amount of the drug involved equals or exceeds twenty thousand	34905
grams but is less than forty thousand grams, trafficking in	34906
marihuana is a felony of the second degree, and the court shall	34907
impose a mandatory prison term of five, six, seven, or eight	34908
years. If the amount of the drug involved is within that range and	34909
if the offense was committed in the vicinity of a school or in the	34910
vicinity of a juvenile, trafficking in marihuana is a felony of	34911
the first degree, and the court shall impose as a mandatory prison	34912
term the maximum prison term prescribed for a felony of the first	34913
degree.	34914

(g) Except as otherwise provided in this division, if the	34915
amount of the drug involved equals or exceeds forty thousand	34916
grams, trafficking in marihuana is a felony of the second degree,	34917
and the court shall impose as a mandatory prison term the maximum	34918
prison term prescribed for a felony of the second degree. If the	34919
amount of the drug involved equals or exceeds forty thousand grams	34920
and if the offense was committed in the vicinity of a school or in	34921
the vicinity of a juvenile, trafficking in marihuana is a felony	34922
of the first degree, and the court shall impose as a mandatory	34923
prison term the maximum prison term prescribed for a felony of the	34924
first degree.	34925

(h) Except as otherwise provided in this division, if the	34926
offense involves a gift of twenty grams or less of marihuana,	34927
trafficking in marihuana is a minor misdemeanor upon a first	34928
offense and a misdemeanor of the third degree upon a subsequent	34929
offense. If the offense involves a gift of twenty grams or less of	34930
marihuana and if the offense was committed in the vicinity of a	34931
school or in the vicinity of a juvenile, trafficking in marihuana	34932
is a misdemeanor of the third degree.	34933

(4) If the drug involved in the violation is cocaine or a	34934
compound, mixture, preparation, or substance containing cocaine,	34935
whoever violates division (A) of this section is guilty of	34936
trafficking in cocaine. The penalty for the offense shall be	34937
determined as follows:	34938

(a) Except as otherwise provided in division (C)(4)(b), (c),	34939
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	34940
felony of the fifth degree, and division (B) of section 2929.13 of	34941
the Revised Code applies in determining whether to impose a prison	34942
term on the offender.	34943

(b) Except as otherwise provided in division (C)(4)(c), (d),	34944
(e), (f), or (g) of this section, if the offense was committed in	34945
the vicinity of a school or in the vicinity of a juvenile,	34946
trafficking in cocaine is a felony of the fourth degree, and	34947
division (C) of section 2929.13 of the Revised Code applies in	34948
determining whether to impose a prison term on the offender.	34949

(c) Except as otherwise provided in this division, if the	34950
amount of the drug involved equals or exceeds five grams but is	34951
less than ten grams of cocaine, trafficking in cocaine is a felony	34952
of the fourth degree, and division (B) of section 2929.13 of the	34953
Revised Code applies in determining whether to impose a prison	34954
term for the offense. If the amount of the drug involved is within	34955
that range and if the offense was committed in the vicinity of a	34956
school or in the vicinity of a juvenile, trafficking in cocaine is	34957
a felony of the third degree, and there is a presumption for a	34958
prison term for the offense.	34959

(d) Except as otherwise provided in this division, if the	34960
amount of the drug involved equals or exceeds ten grams but is	34961
less than twenty grams of cocaine, trafficking in cocaine is a	34962
felony of the third degree, and, except as otherwise provided in	34963
this division, there is a presumption for a prison term for the	34964
offense. If trafficking in cocaine is a felony of the third degree	34965
under this division and if the offender two or more times	34966
previously has been convicted of or pleaded guilty to a felony	34967
drug abuse offense, the court shall impose as a mandatory prison	34968
term one of the prison terms prescribed for a felony of the third	34969
degree. If the amount of the drug involved is within that range	34970
and if the offense was committed in the vicinity of a school or in	34971
the vicinity of a juvenile, trafficking in cocaine is a felony of	34972
the second degree, and the court shall impose as a mandatory	34973
prison term one of the prison terms prescribed for a felony of the	34974
second degree.	34975

(e) Except as otherwise provided in this division, if the	34976
amount of the drug involved equals or exceeds twenty grams but is	34977
less than twenty-seven grams of cocaine, trafficking in cocaine is	34978
a felony of the second degree, and the court shall impose as a	34979
mandatory prison term one of the prison terms prescribed for a	34980
felony of the second degree. If the amount of the drug involved is	34981
within that range and if the offense was committed in the vicinity	34982
of a school or in the vicinity of a juvenile, trafficking in	34983
cocaine is a felony of the first degree, and the court shall	34984
impose as a mandatory prison term one of the prison terms	34985
prescribed for a felony of the first degree.	34986

(f) If the amount of the drug involved equals or exceeds	34987
twenty-seven grams but is less than one hundred grams of cocaine	34988
and regardless of whether the offense was committed in the	34989
vicinity of a school or in the vicinity of a juvenile, trafficking	34990
in cocaine is a felony of the first degree, and the court shall	34991
impose as a mandatory prison term one of the prison terms	34992
prescribed for a felony of the first degree.	34993

(g) If the amount of the drug involved equals or exceeds one	34994
hundred grams of cocaine and regardless of whether the offense was	34995
committed in the vicinity of a school or in the vicinity of a	34996
juvenile, trafficking in cocaine is a felony of the first degree,	34997
the offender is a major drug offender, and the court shall impose	34998
as a mandatory prison term the maximum prison term prescribed for	34999
a felony of the first degree.	35000

(5) If the drug involved in the violation is L.S.D. or a	35001
compound, mixture, preparation, or substance containing L.S.D.,	35002
whoever violates division (A) of this section is guilty of	35003
trafficking in L.S.D. The penalty for the offense shall be	35004
determined as follows:	35005

(a) Except as otherwise provided in division (C)(5)(b), (c),	35006
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	35007
felony of the fifth degree, and division (B) of section 2929.13 of	35008
the Revised Code applies in determining whether to impose a prison	35009
term on the offender.	35010

(b) Except as otherwise provided in division (C)(5)(c), (d),	35011
(e), (f), or (g) of this section, if the offense was committed in	35012
the vicinity of a school or in the vicinity of a juvenile,	35013
trafficking in L.S.D. is a felony of the fourth degree, and	35014
division (C) of section 2929.13 of the Revised Code applies in	35015
determining whether to impose a prison term on the offender.	35016

(c) Except as otherwise provided in this division, if the	35017
amount of the drug involved equals or exceeds ten unit doses but	35018
is less than fifty unit doses of L.S.D. in a solid form or equals	35019
or exceeds one gram but is less than five grams of L.S.D. in a	35020
liquid concentrate, liquid extract, or liquid distillate form,	35021
trafficking in L.S.D. is a felony of the fourth degree, and	35022
division (B) of section 2929.13 of the Revised Code applies in	35023
determining whether to impose a prison term for the offense. If	35024
the amount of the drug involved is within that range and if the	35025
offense was committed in the vicinity of a school or in the	35026
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	35027
third degree, and there is a presumption for a prison term for the	35028
offense.	35029

(d) Except as otherwise provided in this division, if the	35030
amount of the drug involved equals or exceeds fifty unit doses but	35031
is less than two hundred fifty unit doses of L.S.D. in a solid	35032
form or equals or exceeds five grams but is less than twenty-five	35033
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	35034
distillate form, trafficking in L.S.D. is a felony of the third	35035
degree, and, except as otherwise provided in this division, there	35036
is a presumption for a prison term for the offense. If trafficking	35037
in L.S.D. is a felony of the third degree under this division and	35038
if the offender two or more times previously has been convicted of	35039
or pleaded guilty to a felony drug abuse offense, the court shall	35040
impose as a mandatory prison term one of the prison terms	35041
prescribed for a felony of the third degree. If the amount of the	35042
drug involved is within that range and if the offense was	35043
committed in the vicinity of a school or in the vicinity of a	35044
juvenile, trafficking in L.S.D. is a felony of the second degree,	35045
and the court shall impose as a mandatory prison term one of the	35046
prison terms prescribed for a felony of the second degree.	35047

(e) Except as otherwise provided in this division, if the	35048
amount of the drug involved equals or exceeds two hundred fifty	35049
unit doses but is less than one thousand unit doses of L.S.D. in a	35050
solid form or equals or exceeds twenty-five grams but is less than	35051
one hundred grams of L.S.D. in a liquid concentrate, liquid	35052
extract, or liquid distillate form, trafficking in L.S.D. is a	35053
felony of the second degree, and the court shall impose as a	35054
mandatory prison term one of the prison terms prescribed for a	35055
felony of the second degree. If the amount of the drug involved is	35056
within that range and if the offense was committed in the vicinity	35057
of a school or in the vicinity of a juvenile, trafficking in	35058
L.S.D. is a felony of the first degree, and the court shall impose	35059
as a mandatory prison term one of the prison terms prescribed for	35060
a felony of the first degree.	35061

(f) If the amount of the drug involved equals or exceeds one	35062
thousand unit doses but is less than five thousand unit doses of	35063
L.S.D. in a solid form or equals or exceeds one hundred grams but	35064
is less than five hundred grams of L.S.D. in a liquid concentrate,	35065
liquid extract, or liquid distillate form and regardless of	35066
whether the offense was committed in the vicinity of a school or	35067
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	35068
of the first degree, and the court shall impose as a mandatory	35069
prison term one of the prison terms prescribed for a felony of the	35070
first degree.	35071

(g) If the amount of the drug involved equals or exceeds five	35072
thousand unit doses of L.S.D. in a solid form or equals or exceeds	35073
five hundred grams of L.S.D. in a liquid concentrate, liquid	35074
extract, or liquid distillate form and regardless of whether the	35075
offense was committed in the vicinity of a school or in the	35076
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	35077
first degree, the offender is a major drug offender, and the court	35078
shall impose as a mandatory prison term the maximum prison term	35079
prescribed for a felony of the first degree.	35080

(6) If the drug involved in the violation is heroin or a	35081
compound, mixture, preparation, or substance containing heroin,	35082
whoever violates division (A) of this section is guilty of	35083
trafficking in heroin. The penalty for the offense shall be	35084
determined as follows:	35085

(a) Except as otherwise provided in division (C)(6)(b), (c),	35086
(d), (e), (f), or (g) of this section, trafficking in heroin is a	35087
felony of the fifth degree, and division (B) of section 2929.13 of	35088
the Revised Code applies in determining whether to impose a prison	35089
term on the offender.	35090

(b) Except as otherwise provided in division (C)(6)(c), (d),	35091
(e), (f), or (g) of this section, if the offense was committed in	35092
the vicinity of a school or in the vicinity of a juvenile,	35093
trafficking in heroin is a felony of the fourth degree, and	35094
division (C) of section 2929.13 of the Revised Code applies in	35095
determining whether to impose a prison term on the offender.	35096

(c) Except as otherwise provided in this division, if the	35097
amount of the drug involved equals or exceeds ten unit doses but	35098
is less than fifty unit doses or equals or exceeds one gram but is	35099
less than five grams, trafficking in heroin is a felony of the	35100
fourth degree, and division (B) of section 2929.13 of the Revised	35101
Code applies in determining whether to impose a prison term for	35102
the offense. If the amount of the drug involved is within that	35103
range and if the offense was committed in the vicinity of a school	35104
or in the vicinity of a juvenile, trafficking in heroin is a	35105
felony of the third degree, and there is a presumption for a	35106
prison term for the offense.	35107

(d) Except as otherwise provided in this division, if the	35108
amount of the drug involved equals or exceeds fifty unit doses but	35109
is less than one hundred unit doses or equals or exceeds five	35110
grams but is less than ten grams, trafficking in heroin is a	35111
felony of the third degree, and there is a presumption for a	35112
prison term for the offense. If the amount of the drug involved is	35113
within that range and if the offense was committed in the vicinity	35114
of a school or in the vicinity of a juvenile, trafficking in	35115
heroin is a felony of the second degree, and there is a	35116
presumption for a prison term for the offense.	35117

(e) Except as otherwise provided in this division, if the	35118
amount of the drug involved equals or exceeds one hundred unit	35119
doses but is less than five hundred unit doses or equals or	35120
exceeds ten grams but is less than fifty grams, trafficking in	35121
heroin is a felony of the second degree, and the court shall	35122
impose as a mandatory prison term one of the prison terms	35123
prescribed for a felony of the second degree. If the amount of the	35124
drug involved is within that range and if the offense was	35125
committed in the vicinity of a school or in the vicinity of a	35126
juvenile, trafficking in heroin is a felony of the first degree,	35127
and the court shall impose as a mandatory prison term one of the	35128
prison terms prescribed for a felony of the first degree.	35129

(f) If the amount of the drug involved equals or exceeds five	35130
hundred unit doses but is less than two thousand five hundred unit	35131
doses or equals or exceeds fifty grams but is less than two	35132
hundred fifty grams and regardless of whether the offense was	35133
committed in the vicinity of a school or in the vicinity of a	35134
juvenile, trafficking in heroin is a felony of the first degree,	35135
and the court shall impose as a mandatory prison term one of the	35136
prison terms prescribed for a felony of the first degree.	35137

(g) If the amount of the drug involved equals or exceeds two	35138
thousand five hundred unit doses or equals or exceeds two hundred	35139
fifty grams and regardless of whether the offense was committed in	35140
the vicinity of a school or in the vicinity of a juvenile,	35141
trafficking in heroin is a felony of the first degree, the	35142
offender is a major drug offender, and the court shall impose as a	35143
mandatory prison term the maximum prison term prescribed for a	35144
felony of the first degree.	35145

(7) If the drug involved in the violation is hashish or a	35146
compound, mixture, preparation, or substance containing hashish,	35147
whoever violates division (A) of this section is guilty of	35148
trafficking in hashish. The penalty for the offense shall be	35149
determined as follows:	35150

(a) Except as otherwise provided in division (C)(7)(b), (c),	35151
(d), (e), (f), or (g) of this section, trafficking in hashish is a	35152
felony of the fifth degree, and division (B) of section 2929.13 of	35153
the Revised Code applies in determining whether to impose a prison	35154
term on the offender.	35155

(b) Except as otherwise provided in division (C)(7)(c), (d),	35156
(e), (f), or (g) of this section, if the offense was committed in	35157
the vicinity of a school or in the vicinity of a juvenile,	35158
trafficking in hashish is a felony of the fourth degree, and	35159
division (B) of section 2929.13 of the Revised Code applies in	35160
determining whether to impose a prison term on the offender.	35161

(c) Except as otherwise provided in this division, if the	35162
amount of the drug involved equals or exceeds ten grams but is	35163
less than fifty grams of hashish in a solid form or equals or	35164
exceeds two grams but is less than ten grams of hashish in a	35165
liquid concentrate, liquid extract, or liquid distillate form,	35166
trafficking in hashish is a felony of the fourth degree, and	35167
division (B) of section 2929.13 of the Revised Code applies in	35168
determining whether to impose a prison term on the offender. If	35169
the amount of the drug involved is within that range and if the	35170
offense was committed in the vicinity of a school or in the	35171
vicinity of a juvenile, trafficking in hashish is a felony of the	35172
third degree, and division (C) of section 2929.13 of the Revised	35173
Code applies in determining whether to impose a prison term on the	35174
offender.	35175

(d) Except as otherwise provided in this division, if the	35176
amount of the drug involved equals or exceeds fifty grams but is	35177
less than two hundred fifty grams of hashish in a solid form or	35178
equals or exceeds ten grams but is less than fifty grams of	35179
hashish in a liquid concentrate, liquid extract, or liquid	35180
distillate form, trafficking in hashish is a felony of the third	35181
degree, and division (C) of section 2929.13 of the Revised Code	35182
applies in determining whether to impose a prison term on the	35183
offender. If the amount of the drug involved is within that range	35184
and if the offense was committed in the vicinity of a school or in	35185
the vicinity of a juvenile, trafficking in hashish is a felony of	35186
the second degree, and there is a presumption that a prison term	35187
shall be imposed for the offense.	35188

(e) Except as otherwise provided in this division, if the	35189
amount of the drug involved equals or exceeds two hundred fifty	35190
grams but is less than one thousand grams of hashish in a solid	35191
form or equals or exceeds fifty grams but is less than two hundred	35192
grams of hashish in a liquid concentrate, liquid extract, or	35193
liquid distillate form, trafficking in hashish is a felony of the	35194
third degree, and there is a presumption that a prison term shall	35195
be imposed for the offense. If the amount of the drug involved is	35196
within that range and if the offense was committed in the vicinity	35197
of a school or in the vicinity of a juvenile, trafficking in	35198
hashish is a felony of the second degree, and there is a	35199
presumption that a prison term shall be imposed for the offense.	35200

(f) Except as otherwise provided in this division, if the	35201
amount of the drug involved equals or exceeds one thousand grams	35202
but is less than two thousand grams of hashish in a solid form or	35203
equals or exceeds two hundred grams but is less than four hundred	35204
grams of hashish in a liquid concentrate, liquid extract, or	35205
liquid distillate form, trafficking in hashish is a felony of the	35206
second degree, and the court shall impose a mandatory prison term	35207
of five, six, seven, or eight years. If the amount of the drug	35208
involved is within that range and if the offense was committed in	35209
the vicinity of a school or in the vicinity of a juvenile,	35210
trafficking in hashish is a felony of the first degree, and the	35211
court shall impose as a mandatory prison term the maximum prison	35212
term prescribed for a felony of the first degree.	35213

(g) Except as otherwise provided in this division, if the	35214
amount of the drug involved equals or exceeds two thousand grams	35215
of hashish in a solid form or equals or exceeds four hundred grams	35216
of hashish in a liquid concentrate, liquid extract, or liquid	35217
distillate form, trafficking in hashish is a felony of the second	35218
degree, and the court shall impose as a mandatory prison term the	35219
maximum prison term prescribed for a felony of the second degree.	35220
If the amount of the drug involved equals or exceeds two thousand	35221
grams of hashish in a solid form or equals or exceeds four hundred	35222
grams of hashish in a liquid concentrate, liquid extract, or	35223
liquid distillate form and if the offense was committed in the	35224
vicinity of a school or in the vicinity of a juvenile, trafficking	35225
in hashish is a felony of the first degree, and the court shall	35226
impose as a mandatory prison term the maximum prison term	35227
prescribed for a felony of the first degree.	35228

(8) If the drug involved in the violation is a controlled	35229
substance analog or compound, mixture, preparation, or substance	35230
that contains a controlled substance analog, whoever violates	35231
division (A) of this section is guilty of trafficking in a	35232
controlled substance analog. The penalty for the offense shall be	35233
determined as follows:	35234

(a) Except as otherwise provided in division (C)(8)(b), (c),	35235
(d), (e), (f), or (g) of this section, trafficking in a controlled	35236
substance analog is a felony of the fifth degree, and division (C)	35237
of section 2929.13 of the Revised Code applies in determining	35238
whether to impose a prison term on the offender.	35239

(b) Except as otherwise provided in division (C)(8)(c), (d),	35240
(e), (f), or (g) of this section, if the offense was committed in	35241
the vicinity of a school or in the vicinity of a juvenile,	35242
trafficking in a controlled substance analog is a felony of the	35243
fourth degree, and division (C) of section 2929.13 of the Revised	35244
Code applies in determining whether to impose a prison term on the	35245
offender.	35246

(c) Except as otherwise provided in this division, if the	35247
amount of the drug involved equals or exceeds ten grams but is	35248
less than twenty grams, trafficking in a controlled substance	35249
analog is a felony of the fourth degree, and division (B) of	35250
section 2929.13 of the Revised Code applies in determining whether	35251
to impose a prison term for the offense. If the amount of the drug	35252
involved is within that range and if the offense was committed in	35253
the vicinity of a school or in the vicinity of a juvenile,	35254
trafficking in a controlled substance analog is a felony of the	35255
third degree, and there is a presumption for a prison term for the	35256
offense.	35257

(d) Except as otherwise provided in this division, if the	35258
amount of the drug involved equals or exceeds twenty grams but is	35259
less than thirty grams, trafficking in a controlled substance	35260
analog is a felony of the third degree, and there is a presumption	35261
for a prison term for the offense. If the amount of the drug	35262
involved is within that range and if the offense was committed in	35263
the vicinity of a school or in the vicinity of a juvenile,	35264
trafficking in a controlled substance analog is a felony of the	35265
second degree, and there is a presumption for a prison term for	35266
the offense.	35267

(e) Except as otherwise provided in this division, if the	35268
amount of the drug involved equals or exceeds thirty grams but is	35269
less than forty grams, trafficking in a controlled substance	35270
analog is a felony of the second degree, and the court shall	35271
impose as a mandatory prison term one of the prison terms	35272
prescribed for a felony of the second degree. If the amount of the	35273
drug involved is within that range and if the offense was	35274
committed in the vicinity of a school or in the vicinity of a	35275
juvenile, trafficking in a controlled substance analog is a felony	35276
of the first degree, and the court shall impose as a mandatory	35277
prison term one of the prison terms prescribed for a felony of the	35278
first degree.	35279

(f) If the amount of the drug involved equals or exceeds	35280
forty grams but is less than fifty grams and regardless of whether	35281
the offense was committed in the vicinity of a school or in the	35282
vicinity of a juvenile, trafficking in a controlled substance	35283
analog is a felony of the first degree, and the court shall impose	35284
as a mandatory prison term one of the prison terms prescribed for	35285
a felony of the first degree.	35286

(g) If the amount of the drug involved equals or exceeds	35287
fifty grams and regardless of whether the offense was committed in	35288
the vicinity of a school or in the vicinity of a juvenile,	35289
trafficking in a controlled substance analog is a felony of the	35290
first degree, the offender is a major drug offender, and the court	35291
shall impose as a mandatory prison term the maximum prison term	35292
prescribed for a felony of the first degree.	35293

(D) In addition to any prison term authorized or required by	35294
division (C) of this section and sections 2929.13 and 2929.14 of	35295
the Revised Code, and in addition to any other sanction imposed	35296
for the offense under this section or sections 2929.11 to 2929.18	35297
of the Revised Code, the court that sentences an offender who is	35298
convicted of or pleads guilty to a violation of division (A) of	35299
this section shall do all of the following that are applicable	35300
regarding the offender:	35301

(1) If the violation of division (A) of this section is a	35302
felony of the first, second, or third degree, the court shall	35303
impose upon the offender the mandatory fine specified for the	35304
offense under division (B)(1) of section 2929.18 of the Revised	35305
Code unless, as specified in that division, the court determines	35306
that the offender is indigent. Except as otherwise provided in	35307
division (H)(1) of this section, a mandatory fine or any other	35308
fine imposed for a violation of this section is subject to	35309
division (F) of this section. If a person is charged with a	35310
violation of this section that is a felony of the first, second,	35311
or third degree, posts bail, and forfeits the bail, the clerk of	35312
the court shall pay the forfeited bail pursuant to divisions	35313
(D)(1) and (F) of this section, as if the forfeited bail was a	35314
fine imposed for a violation of this section. If any amount of the	35315
forfeited bail remains after that payment and if a fine is imposed	35316
under division (H)(1) of this section, the clerk of the court	35317
shall pay the remaining amount of the forfeited bail pursuant to	35318
divisions (H)(2) and (3) of this section, as if that remaining	35319
amount was a fine imposed under division (H)(1) of this section.	35320

(2) The court shall suspend the driver's or commercial	35321
driver's license or permit of the offender in accordance with	35322
division (G) of this section.	35323

(3) If the offender is a professionally licensed person, the	35324
court immediately shall comply with section 2925.38 of the Revised	35325
Code.	35326

(E) When a person is charged with the sale of or offer to	35327
sell a bulk amount or a multiple of a bulk amount of a controlled	35328
substance, the jury, or the court trying the accused, shall	35329
determine the amount of the controlled substance involved at the	35330
time of the offense and, if a guilty verdict is returned, shall	35331
return the findings as part of the verdict. In any such case, it	35332
is unnecessary to find and return the exact amount of the	35333
controlled substance involved, and it is sufficient if the finding	35334
and return is to the effect that the amount of the controlled	35335
substance involved is the requisite amount, or that the amount of	35336
the controlled substance involved is less than the requisite	35337
amount.	35338

(F)(1) Notwithstanding any contrary provision of section	35339
3719.21 of the Revised Code and except as provided in division (H)	35340
of this section, the clerk of the court shall pay any mandatory	35341
fine imposed pursuant to division (D)(1) of this section and any	35342
fine other than a mandatory fine that is imposed for a violation	35343
of this section pursuant to division (A) or (B)(5) of section	35344
2929.18 of the Revised Code to the county, township, municipal	35345
corporation, park district, as created pursuant to section 511.18	35346
or 1545.04 of the Revised Code, or state law enforcement agencies	35347
in this state that primarily were responsible for or involved in	35348
making the arrest of, and in prosecuting, the offender. However,	35349
the clerk shall not pay a mandatory fine so imposed to a law	35350
enforcement agency unless the agency has adopted a written	35351
internal control policy under division (F)(2) of this section that	35352
addresses the use of the fine moneys that it receives. Each agency	35353
shall use the mandatory fines so paid to subsidize the agency's	35354
law enforcement efforts that pertain to drug offenses, in	35355
accordance with the written internal control policy adopted by the	35356
recipient agency under division (F)(2) of this section.	35357

(2)~~(a)~~ Prior to receiving any fine moneys under division	35358
(F)(1) of this section or division (B) of section 2925.42 of the	35359
Revised Code, a law enforcement agency shall adopt a written	35360
internal control policy that addresses the agency's use and	35361
disposition of all fine moneys so received and that provides for	35362
the keeping of detailed financial records of the receipts of those	35363
fine moneys, the general types of expenditures made out of those	35364
fine moneys, and the specific amount of each general type of	35365
expenditure. The policy shall not provide for or permit the	35366
identification of any specific expenditure that is made in an	35367
ongoing investigation. All financial records of the receipts of	35368
those fine moneys, the general types of expenditures made out of	35369
those fine moneys, and the specific amount of each general type of	35370
expenditure by an agency are public records open for inspection	35371
under section 149.43 of the Revised Code. Additionally, a written	35372
internal control policy adopted under this division is such a	35373
public record, and the agency that adopted it shall comply with	35374
it.	35375

~~(b) Each law enforcement agency that receives in any calendar~~	35376
~~year any fine moneys under division (F)(1) of this section or~~	35377
~~division (B) of section 2925.42 of the Revised Code shall prepare~~	35378
~~a report covering the calendar year that cumulates all of the~~	35379
~~information contained in all of the public financial records kept~~	35380
~~by the agency pursuant to division (F)(2)(a) of this section for~~	35381
~~that calendar year, and shall send a copy of the cumulative~~	35382
~~report, no later than the first day of March in the calendar year~~	35383
~~following the calendar year covered by the report, to the attorney~~	35384
~~general. Each report received by the attorney general is a public~~	35385
~~record open for inspection under section 149.43 of the Revised~~	35386
~~Code. Not later than the fifteenth day of April in the calendar~~	35387
~~year in which the reports are received, the attorney general shall~~	35388
~~send to the president of the senate and the speaker of the house~~	35389
~~of representatives a written notification that does all of the~~	35390
~~following:~~	35391

~~(i) Indicates that the attorney general has received from law~~	35392
~~enforcement agencies reports of the type described in this~~	35393
~~division that cover the previous calendar year and indicates that~~	35394
~~the reports were received under this division;~~	35395

~~(ii) Indicates that the reports are open for inspection under~~	35396
~~section 149.43 of the Revised Code;~~	35397

~~(iii) Indicates that the attorney general will provide a copy~~	35398
~~of any or all of the reports to the president of the senate or the~~	35399
~~speaker of the house of representatives upon request.~~	35400

(3) As used in division (F) of this section:

35401

(a) "Law enforcement agencies" includes, but is not limited	35402
to, the state board of pharmacy and the office of a prosecutor.	35403

(b) "Prosecutor" has the same meaning as in section 2935.01	35404
of the Revised Code.	35405

(G) When required under division (D)(2) of this section or	35406
any other provision of this chapter, the court shall suspend for	35407
not less than six months or more than five years the driver's or	35408
commercial driver's license or permit of any person who is	35409
convicted of or pleads guilty to any violation of this section or	35410
any other specified provision of this chapter. If an offender's	35411
driver's or commercial driver's license or permit is suspended	35412
pursuant to this division, the offender, at any time after the	35413
expiration of two years from the day on which the offender's	35414
sentence was imposed or from the day on which the offender finally	35415
was released from a prison term under the sentence, whichever is	35416
later, may file a motion with the sentencing court requesting	35417
termination of the suspension; upon the filing of such a motion	35418
and the court's finding of good cause for the termination, the	35419
court may terminate the suspension.	35420

(H)(1) In addition to any prison term authorized or required	35421
by division (C) of this section and sections 2929.13 and 2929.14	35422
of the Revised Code, in addition to any other penalty or sanction	35423
imposed for the offense under this section or sections 2929.11 to	35424
2929.18 of the Revised Code, and in addition to the forfeiture of	35425
property in connection with the offense as prescribed in Chapter	35426
2981. of the Revised Code, the court that sentences an offender	35427
who is convicted of or pleads guilty to a violation of division	35428
(A) of this section may impose upon the offender an additional	35429
fine specified for the offense in division (B)(4) of section	35430
2929.18 of the Revised Code. A fine imposed under division (H)(1)	35431
of this section is not subject to division (F) of this section and	35432
shall be used solely for the support of one or more eligible	35433
~~alcohol and drug~~community addiction ~~programs~~services provider in	35434
accordance with divisions (H)(2) and (3) of this section.	35435

(2) The court that imposes a fine under division (H)(1) of	35436
this section shall specify in the judgment that imposes the fine	35437
one or more eligible ~~alcohol and drug~~community addiction ~~programs~~	35438
services provider for the support of which the fine money is to be	35439
used. No ~~alcohol and drug~~community addiction ~~program~~services	35440
provider shall receive or use money paid or collected in	35441
satisfaction of a fine imposed under division (H)(1) of this	35442
section unless the ~~program~~services provider is specified in the	35443
judgment that imposes the fine. No ~~alcohol and drug~~community	35444
addiction ~~program~~services provider shall be specified in the	35445
judgment unless the ~~program~~services provider is an eligible	35446
~~alcohol and drug~~community addiction ~~program~~services provider	35447
and, except as otherwise provided in division (H)(2) of this	35448
section, unless the ~~program~~services provider is located in the	35449
county in which the court that imposes the fine is located or in a	35450
county that is immediately contiguous to the county in which that	35451
court is located. If no eligible ~~alcohol and drug~~community	35452
addiction ~~program~~services provider is located in any of those	35453
counties, the judgment may specify an eligible ~~alcohol and drug~~	35454
community addiction ~~program~~services provider that is located	35455
anywhere within this state.	35456

(3) Notwithstanding any contrary provision of section 3719.21	35457
of the Revised Code, the clerk of the court shall pay any fine	35458
imposed under division (H)(1) of this section to the eligible	35459
~~alcohol and drug~~community addiction ~~program~~services provider	35460
specified pursuant to division (H)(2) of this section in the	35461
judgment. The eligible ~~alcohol and drug~~community addiction	35462
~~program~~services provider that receives the fine moneys shall use	35463
the moneys only for the alcohol and drug addiction services	35464
identified in the application for certification under section	35465
~~3793.06~~5119.36 of the Revised Code or in the application for a	35466
license under section ~~3793.11~~5119.39 of the Revised Code filed	35467
with the department of ~~alcohol and drug addiction services~~mental	35468
health and addiction services by the ~~alcohol and drug~~community	35469
addiction ~~program~~services provider specified in the judgment.	35470

(4) Each ~~alcohol and drug~~community addiction ~~program~~	35471
services provider that receives in a calendar year any fine moneys	35472
under division (H)(3) of this section shall file an annual report	35473
covering that calendar year with the court of common pleas and the	35474
board of county commissioners of the county in which the ~~program~~	35475
services provider is located, with the court of common pleas and	35476
the board of county commissioners of each county from which the	35477
~~program~~services provider received the moneys if that county is	35478
different from the county in which the ~~program~~services provider	35479
is located, and with the attorney general. The ~~alcohol and drug~~	35480
community addiction ~~program~~services provider shall file the	35481
report no later than the first day of March in the calendar year	35482
following the calendar year in which the ~~program~~services provider	35483
received the fine moneys. The report shall include statistics on	35484
the number of persons served by the ~~alcohol and drug~~community	35485
addiction ~~program~~services provider, identify the types of alcohol	35486
and drug addiction services provided to those persons, and include	35487
a specific accounting of the purposes for which the fine moneys	35488
received were used. No information contained in the report shall	35489
identify, or enable a person to determine the identity of, any	35490
person served by the ~~alcohol and drug~~community addiction ~~program~~	35491
services provider. Each report received by a court of common	35492
pleas, a board of county commissioners, or the attorney general is	35493
a public record open for inspection under section 149.43 of the	35494
Revised Code.	35495

(5) As used in divisions (H)(1) to (5) of this section:

35496

(a) "~~Alcohol and drug~~Community addiction ~~program~~services	35497
provider" and "alcohol and drug addiction services" have the same	35498
meanings as in section ~~3793.01~~5119.01 of the Revised Code.	35499

(b) "Eligible ~~alcohol and drug~~community addiction ~~program~~	35500
services provider" means ~~an alcohol and drug~~a community addiction	35501
~~program~~services provider that is certified under section ~~3793.06~~	35502
5119.36 of the Revised Code or licensed under section ~~3793.11~~	35503
5119.39 of the Revised Code by the department of ~~alcohol and drug~~	35504
~~addiction services~~mental health and addiction services.	35505

(I) As used in this section, "drug" includes any substance	35506
that is represented to be a drug.	35507

(J) It is an affirmative defense to a charge of trafficking	35508
in a controlled substance analog under division (C)(8) of this	35509
section that the person charged with violating that offense sold	35510
or offered to sell, or prepared for shipment, shipped,	35511
transported, delivered, prepared for distribution, or distributed	35512
an item described in division (HH)(2)(a), (b), or (c) of section	35513
3719.01 of the Revised Code.	35514

Sec. 2929.13. (A) Except as provided in division (E), (F),	35515
or (G) of this section and unless a specific sanction is required	35516
to be imposed or is precluded from being imposed pursuant to law,	35517
a court that imposes a sentence upon an offender for a felony may	35518
impose any sanction or combination of sanctions on the offender	35519
that are provided in sections 2929.14 to 2929.18 of the Revised	35520
Code.	35521

If the offender is eligible to be sentenced to community	35522
control sanctions, the court shall consider the appropriateness of	35523
imposing a financial sanction pursuant to section 2929.18 of the	35524
Revised Code or a sanction of community service pursuant to	35525
section 2929.17 of the Revised Code as the sole sanction for the	35526
offense. Except as otherwise provided in this division, if the	35527
court is required to impose a mandatory prison term for the	35528
offense for which sentence is being imposed, the court also shall	35529
impose any financial sanction pursuant to section 2929.18 of the	35530
Revised Code that is required for the offense and may impose any	35531
other financial sanction pursuant to that section but may not	35532
impose any additional sanction or combination of sanctions under	35533
section 2929.16 or 2929.17 of the Revised Code.	35534

If the offender is being sentenced for a fourth degree felony	35535
OVI offense or for a third degree felony OVI offense, in addition	35536
to the mandatory term of local incarceration or the mandatory	35537
prison term required for the offense by division (G)(1) or (2) of	35538
this section, the court shall impose upon the offender a mandatory	35539
fine in accordance with division (B)(3) of section 2929.18 of the	35540
Revised Code and may impose whichever of the following is	35541
applicable:	35542

(1) For a fourth degree felony OVI offense for which sentence	35543
is imposed under division (G)(1) of this section, an additional	35544
community control sanction or combination of community control	35545
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	35546
the court imposes upon the offender a community control sanction	35547
and the offender violates any condition of the community control	35548
sanction, the court may take any action prescribed in division (B)	35549
of section 2929.15 of the Revised Code relative to the offender,	35550
including imposing a prison term on the offender pursuant to that	35551
division.	35552

(2) For a third or fourth degree felony OVI offense for which	35553
sentence is imposed under division (G)(2) of this section, an	35554
additional prison term as described in division (B)(4) of section	35555
2929.14 of the Revised Code or a community control sanction as	35556
described in division (G)(2) of this section.	35557

(B)(1)(a) Except as provided in division (B)(1)(b) of this	35558
section, if an offender is convicted of or pleads guilty to a	35559
felony of the fourth or fifth degree that is not an offense of	35560
violence or that is a qualifying assault offense, the court shall	35561
sentence the offender to a community control sanction of at least	35562
one year's duration if all of the following apply:	35563

(i) The offender previously has not been convicted of or	35564
pleaded guilty to a felony offense.	35565

(ii) The most serious charge against the offender at the time	35566
of sentencing is a felony of the fourth or fifth degree.	35567

(iii) If the court made a request of the department of	35568
rehabilitation and correction pursuant to division (B)(1)(c) of	35569
this section, the department, within the forty-five-day period	35570
specified in that division, provided the court with the names of,	35571
contact information for, and program details of one or more	35572
community control sanctions of at least one year's duration that	35573
are available for persons sentenced by the court.	35574

(iv) The offender previously has not been convicted of or	35575
pleaded guilty to a misdemeanor offense of violence that the	35576
offender committed within two years prior to the offense for which	35577
sentence is being imposed.	35578

(b) The court has discretion to impose a prison term upon an	35579
offender who is convicted of or pleads guilty to a felony of the	35580
fourth or fifth degree that is not an offense of violence or that	35581
is a qualifying assault offense if any of the following apply:	35582

(i) The offender committed the offense while having a firearm	35583
on or about the offender's person or under the offender's control.	35584

(ii) If the offense is a qualifying assault offense, the	35585
offender caused serious physical harm to another person while	35586
committing the offense, and, if the offense is not a qualifying	35587
assault offense, the offender caused physical harm to another	35588
person while committing the offense.	35589

(iii) The offender violated a term of the conditions of bond	35590
as set by the court.	35591

(iv) The court made a request of the department of	35592
rehabilitation and correction pursuant to division (B)(1)(c) of	35593
this section, and the department, within the forty-five-day period	35594
specified in that division, did not provide the court with the	35595
name of, contact information for, and program details of any	35596
community control sanction of at least one year's duration that is	35597
available for persons sentenced by the court.	35598

(v) The offense is a sex offense that is a fourth or fifth	35599
degree felony violation of any provision of Chapter 2907. of the	35600
Revised Code.	35601

(vi) In committing the offense, the offender attempted to	35602
cause or made an actual threat of physical harm to a person with a	35603
deadly weapon.	35604

(vii) In committing the offense, the offender attempted to	35605
cause or made an actual threat of physical harm to a person, and	35606
the offender previously was convicted of an offense that caused	35607
physical harm to a person.	35608

(viii) The offender held a public office or position of	35609
trust, and the offense related to that office or position; the	35610
offender's position obliged the offender to prevent the offense or	35611
to bring those committing it to justice; or the offender's	35612
professional reputation or position facilitated the offense or was	35613
likely to influence the future conduct of others.	35614

(ix) The offender committed the offense for hire or as part	35615
of an organized criminal activity.	35616

(x) The offender at the time of the offense was serving, or	35617
the offender previously had served, a prison term.	35618

(xi) The offender committed the offense while under a	35619
community control sanction, while on probation, or while released	35620
from custody on a bond or personal recognizance.	35621

(c) If a court that is sentencing an offender who is	35622
convicted of or pleads guilty to a felony of the fourth or fifth	35623
degree that is not an offense of violence or that is a qualifying	35624
assault offense believes that no community control sanctions are	35625
available for its use that, if imposed on the offender, will	35626
adequately fulfill the overriding principles and purposes of	35627
sentencing, the court shall contact the department of	35628
rehabilitation and correction and ask the department to provide	35629
the court with the names of, contact information for, and program	35630
details of one or more community control sanctions of at least one	35631
year's duration that are available for persons sentenced by the	35632
court. Not later than forty-five days after receipt of a request	35633
from a court under this division, the department shall provide the	35634
court with the names of, contact information for, and program	35635
details of one or more community control sanctions of at least one	35636
year's duration that are available for persons sentenced by the	35637
court, if any. Upon making a request under this division that	35638
relates to a particular offender, a court shall defer sentencing	35639
of that offender until it receives from the department the names	35640
of, contact information for, and program details of one or more	35641
community control sanctions of at least one year's duration that	35642
are available for persons sentenced by the court or for forty-five	35643
days, whichever is the earlier.	35644

If the department provides the court with the names of,	35645
contact information for, and program details of one or more	35646
community control sanctions of at least one year's duration that	35647
are available for persons sentenced by the court within the	35648
forty-five-day period specified in this division, the court shall	35649
impose upon the offender a community control sanction under	35650
division (B)(1)(a) of this section, except that the court may	35651
impose a prison term under division (B)(1)(b) of this section if a	35652
factor described in division (B)(1)(b)(i) or (ii) of this section	35653
applies. If the department does not provide the court with the	35654
names of, contact information for, and program details of one or	35655
more community control sanctions of at least one year's duration	35656
that are available for persons sentenced by the court within the	35657
forty-five-day period specified in this division, the court may	35658
impose upon the offender a prison term under division	35659
(B)(1)(b)(iv) of this section.	35660

(d) A sentencing court may impose an additional penalty under	35661
division (B) of section 2929.15 of the Revised Code upon an	35662
offender sentenced to a community control sanction under division	35663
(B)(1)(a) of this section if the offender violates the conditions	35664
of the community control sanction, violates a law, or leaves the	35665
state without the permission of the court or the offender's	35666
probation officer.	35667

(2) If division (B)(1) of this section does not apply, except	35668
as provided in division (E), (F), or (G) of this section, in	35669
determining whether to impose a prison term as a sanction for a	35670
felony of the fourth or fifth degree, the sentencing court shall	35671
comply with the purposes and principles of sentencing under	35672
section 2929.11 of the Revised Code and with section 2929.12 of	35673
the Revised Code.	35674

(C) Except as provided in division (D), (E), (F), or (G) of	35675
this section, in determining whether to impose a prison term as a	35676
sanction for a felony of the third degree or a felony drug offense	35677
that is a violation of a provision of Chapter 2925. of the Revised	35678
Code and that is specified as being subject to this division for	35679
purposes of sentencing, the sentencing court shall comply with the	35680
purposes and principles of sentencing under section 2929.11 of the	35681
Revised Code and with section 2929.12 of the Revised Code.	35682

(D)(1) Except as provided in division (E) or (F) of this	35683
section, for a felony of the first or second degree, for a felony	35684
drug offense that is a violation of any provision of Chapter	35685
2925., 3719., or 4729. of the Revised Code for which a presumption	35686
in favor of a prison term is specified as being applicable, and	35687
for a violation of division (A)(4) or (B) of section 2907.05 of	35688
the Revised Code for which a presumption in favor of a prison term	35689
is specified as being applicable, it is presumed that a prison	35690
term is necessary in order to comply with the purposes and	35691
principles of sentencing under section 2929.11 of the Revised	35692
Code. Division (D)(2) of this section does not apply to a	35693
presumption established under this division for a violation of	35694
division (A)(4) of section 2907.05 of the Revised Code.	35695

(2) Notwithstanding the presumption established under	35696
division (D)(1) of this section for the offenses listed in that	35697
division other than a violation of division (A)(4) or (B) of	35698
section 2907.05 of the Revised Code, the sentencing court may	35699
impose a community control sanction or a combination of community	35700
control sanctions instead of a prison term on an offender for a	35701
felony of the first or second degree or for a felony drug offense	35702
that is a violation of any provision of Chapter 2925., 3719., or	35703
4729. of the Revised Code for which a presumption in favor of a	35704
prison term is specified as being applicable if it makes both of	35705
the following findings:	35706

(a) A community control sanction or a combination of	35707
community control sanctions would adequately punish the offender	35708
and protect the public from future crime, because the applicable	35709
factors under section 2929.12 of the Revised Code indicating a	35710
lesser likelihood of recidivism outweigh the applicable factors	35711
under that section indicating a greater likelihood of recidivism.	35712

(b) A community control sanction or a combination of	35713
community control sanctions would not demean the seriousness of	35714
the offense, because one or more factors under section 2929.12 of	35715
the Revised Code that indicate that the offender's conduct was	35716
less serious than conduct normally constituting the offense are	35717
applicable, and they outweigh the applicable factors under that	35718
section that indicate that the offender's conduct was more serious	35719
than conduct normally constituting the offense.	35720

(E)(1) Except as provided in division (F) of this section,	35721
for any drug offense that is a violation of any provision of	35722
Chapter 2925. of the Revised Code and that is a felony of the	35723
third, fourth, or fifth degree, the applicability of a presumption	35724
under division (D) of this section in favor of a prison term or of	35725
division (B) or (C) of this section in determining whether to	35726
impose a prison term for the offense shall be determined as	35727
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	35728
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	35729
Revised Code, whichever is applicable regarding the violation.	35730

(2) If an offender who was convicted of or pleaded guilty to	35731
a felony violates the conditions of a community control sanction	35732
imposed for the offense solely by reason of producing positive	35733
results on a drug test, the court, as punishment for the violation	35734
of the sanction, shall not order that the offender be imprisoned	35735
unless the court determines on the record either of the following:	35736

(a) The offender had been ordered as a sanction for the	35737
felony to participate in a drug treatment program, in a drug	35738
education program, or in narcotics anonymous or a similar program,	35739
and the offender continued to use illegal drugs after a reasonable	35740
period of participation in the program.	35741

(b) The imprisonment of the offender for the violation is	35742
consistent with the purposes and principles of sentencing set	35743
forth in section 2929.11 of the Revised Code.	35744

(3) A court that sentences an offender for a drug abuse	35745
offense that is a felony of the third, fourth, or fifth degree may	35746
require that the offender be assessed by a properly credentialed	35747
professional within a specified period of time. The court shall	35748
require the professional to file a written assessment of the	35749
offender with the court. If the offender is eligible for a	35750
community control sanction and after considering the written	35751
assessment, the court may impose a community control sanction that	35752
includes treatment and recovery support services authorized by	35753
section ~~3793.02~~5119.21 of the Revised Code. If the court imposes	35754
treatment and recovery support services as a community control	35755
sanction, the court shall direct the level and type of treatment	35756
and recovery support services after considering the assessment and	35757
recommendation of treatment and recovery support services	35758
providers.	35759

(F) Notwithstanding divisions (A) to (E) of this section, the	35760
court shall impose a prison term or terms under sections 2929.02	35761
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	35762
of the Revised Code and except as specifically provided in section	35763
2929.20, divisions (C) to (I) of section 2967.19, or section	35764
2967.191 of the Revised Code or when parole is authorized for the	35765
offense under section 2967.13 of the Revised Code shall not reduce	35766
the term or terms pursuant to section 2929.20, section 2967.19,	35767
section 2967.193, or any other provision of Chapter 2967. or	35768
Chapter 5120. of the Revised Code for any of the following	35769
offenses:	35770

(1) Aggravated murder when death is not imposed or murder;

35771

(2) Any rape, regardless of whether force was involved and	35772
regardless of the age of the victim, or an attempt to commit rape	35773
if, had the offender completed the rape that was attempted, the	35774
offender would have been guilty of a violation of division	35775
(A)(1)(b) of section 2907.02 of the Revised Code and would be	35776
sentenced under section 2971.03 of the Revised Code;	35777

(3) Gross sexual imposition or sexual battery, if the victim	35778
is less than thirteen years of age and if any of the following	35779
applies:	35780

(a) Regarding gross sexual imposition, the offender	35781
previously was convicted of or pleaded guilty to rape, the former	35782
offense of felonious sexual penetration, gross sexual imposition,	35783
or sexual battery, and the victim of the previous offense was less	35784
than thirteen years of age;	35785

(b) Regarding gross sexual imposition, the offense was	35786
committed on or after August 3, 2006, and evidence other than the	35787
testimony of the victim was admitted in the case corroborating the	35788
violation.	35789

(c) Regarding sexual battery, either of the following	35790
applies:	35791

(i) The offense was committed prior to August 3, 2006, the	35792
offender previously was convicted of or pleaded guilty to rape,	35793
the former offense of felonious sexual penetration, or sexual	35794
battery, and the victim of the previous offense was less than	35795
thirteen years of age.	35796

(ii) The offense was committed on or after August 3, 2006.

35797

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	35798
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	35799
if the section requires the imposition of a prison term;	35800

(5) A first, second, or third degree felony drug offense for	35801
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	35802
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	35803
4729.99 of the Revised Code, whichever is applicable regarding the	35804
violation, requires the imposition of a mandatory prison term;	35805

(6) Any offense that is a first or second degree felony and	35806
that is not set forth in division (F)(1), (2), (3), or (4) of this	35807
section, if the offender previously was convicted of or pleaded	35808
guilty to aggravated murder, murder, any first or second degree	35809
felony, or an offense under an existing or former law of this	35810
state, another state, or the United States that is or was	35811
substantially equivalent to one of those offenses;	35812

(7) Any offense that is a third degree felony and either is a	35813
violation of section 2903.04 of the Revised Code or an attempt to	35814
commit a felony of the second degree that is an offense of	35815
violence and involved an attempt to cause serious physical harm to	35816
a person or that resulted in serious physical harm to a person if	35817
the offender previously was convicted of or pleaded guilty to any	35818
of the following offenses:	35819

(a) Aggravated murder, murder, involuntary manslaughter,	35820
rape, felonious sexual penetration as it existed under section	35821
2907.12 of the Revised Code prior to September 3, 1996, a felony	35822
of the first or second degree that resulted in the death of a	35823
person or in physical harm to a person, or complicity in or an	35824
attempt to commit any of those offenses;	35825

(b) An offense under an existing or former law of this state,	35826
another state, or the United States that is or was substantially	35827
equivalent to an offense listed in division (F)(7)(a) of this	35828
section that resulted in the death of a person or in physical harm	35829
to a person.	35830

(8) Any offense, other than a violation of section 2923.12 of	35831
the Revised Code, that is a felony, if the offender had a firearm	35832
on or about the offender's person or under the offender's control	35833
while committing the felony, with respect to a portion of the	35834
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	35835
of the Revised Code for having the firearm;	35836

(9) Any offense of violence that is a felony, if the offender	35837
wore or carried body armor while committing the felony offense of	35838
violence, with respect to the portion of the sentence imposed	35839
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	35840
Code for wearing or carrying the body armor;	35841

(10) Corrupt activity in violation of section 2923.32 of the	35842
Revised Code when the most serious offense in the pattern of	35843
corrupt activity that is the basis of the offense is a felony of	35844
the first degree;	35845

(11) Any violent sex offense or designated homicide, assault,	35846
or kidnapping offense if, in relation to that offense, the	35847
offender is adjudicated a sexually violent predator;	35848

(12) A violation of division (A)(1) or (2) of section 2921.36	35849
of the Revised Code, or a violation of division (C) of that	35850
section involving an item listed in division (A)(1) or (2) of that	35851
section, if the offender is an officer or employee of the	35852
department of rehabilitation and correction;	35853

(13) A violation of division (A)(1) or (2) of section 2903.06	35854
of the Revised Code if the victim of the offense is a peace	35855
officer, as defined in section 2935.01 of the Revised Code, or an	35856
investigator of the bureau of criminal identification and	35857
investigation, as defined in section 2903.11 of the Revised Code,	35858
with respect to the portion of the sentence imposed pursuant to	35859
division (B)(5) of section 2929.14 of the Revised Code;	35860

(14) A violation of division (A)(1) or (2) of section 2903.06	35861
of the Revised Code if the offender has been convicted of or	35862
pleaded guilty to three or more violations of division (A) or (B)	35863
of section 4511.19 of the Revised Code or an equivalent offense,	35864
as defined in section 2941.1415 of the Revised Code, or three or	35865
more violations of any combination of those divisions and	35866
offenses, with respect to the portion of the sentence imposed	35867
pursuant to division (B)(6) of section 2929.14 of the Revised	35868
Code;	35869

(15) Kidnapping, in the circumstances specified in section	35870
2971.03 of the Revised Code and when no other provision of	35871
division (F) of this section applies;	35872

(16) Kidnapping, abduction, compelling prostitution,	35873
promoting prostitution, engaging in a pattern of corrupt activity,	35874
illegal use of a minor in a nudity-oriented material or	35875
performance in violation of division (A)(1) or (2) of section	35876
2907.323 of the Revised Code, or endangering children in violation	35877
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	35878
the Revised Code, if the offender is convicted of or pleads guilty	35879
to a specification as described in section 2941.1422 of the	35880
Revised Code that was included in the indictment, count in the	35881
indictment, or information charging the offense;	35882

(17) A felony violation of division (A) or (B) of section	35883
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	35884
that section, and division (D)(6) of that section, require the	35885
imposition of a prison term;	35886

(18) A felony violation of section 2903.11, 2903.12, or	35887
2903.13 of the Revised Code, if the victim of the offense was a	35888
woman that the offender knew was pregnant at the time of the	35889
violation, with respect to a portion of the sentence imposed	35890
pursuant to division (B)(8) of section 2929.14 of the Revised	35891
Code.	35892

(G) Notwithstanding divisions (A) to (E) of this section, if	35893
an offender is being sentenced for a fourth degree felony OVI	35894
offense or for a third degree felony OVI offense, the court shall	35895
impose upon the offender a mandatory term of local incarceration	35896
or a mandatory prison term in accordance with the following:	35897

(1) If the offender is being sentenced for a fourth degree	35898
felony OVI offense and if the offender has not been convicted of	35899
and has not pleaded guilty to a specification of the type	35900
described in section 2941.1413 of the Revised Code, the court may	35901
impose upon the offender a mandatory term of local incarceration	35902
of sixty days or one hundred twenty days as specified in division	35903
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	35904
not reduce the term pursuant to section 2929.20, 2967.193, or any	35905
other provision of the Revised Code. The court that imposes a	35906
mandatory term of local incarceration under this division shall	35907
specify whether the term is to be served in a jail, a	35908
community-based correctional facility, a halfway house, or an	35909
alternative residential facility, and the offender shall serve the	35910
term in the type of facility specified by the court. A mandatory	35911
term of local incarceration imposed under division (G)(1) of this	35912
section is not subject to any other Revised Code provision that	35913
pertains to a prison term except as provided in division (A)(1) of	35914
this section.	35915

(2) If the offender is being sentenced for a third degree	35916
felony OVI offense, or if the offender is being sentenced for a	35917
fourth degree felony OVI offense and the court does not impose a	35918
mandatory term of local incarceration under division (G)(1) of	35919
this section, the court shall impose upon the offender a mandatory	35920
prison term of one, two, three, four, or five years if the	35921
offender also is convicted of or also pleads guilty to a	35922
specification of the type described in section 2941.1413 of the	35923
Revised Code or shall impose upon the offender a mandatory prison	35924
term of sixty days or one hundred twenty days as specified in	35925
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	35926
if the offender has not been convicted of and has not pleaded	35927
guilty to a specification of that type. Subject to divisions (C)	35928
to (I) of section 2967.19 of the Revised Code, the court shall not	35929
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	35930
any other provision of the Revised Code. The offender shall serve	35931
the one-, two-, three-, four-, or five-year mandatory prison term	35932
consecutively to and prior to the prison term imposed for the	35933
underlying offense and consecutively to any other mandatory prison	35934
term imposed in relation to the offense. In no case shall an	35935
offender who once has been sentenced to a mandatory term of local	35936
incarceration pursuant to division (G)(1) of this section for a	35937
fourth degree felony OVI offense be sentenced to another mandatory	35938
term of local incarceration under that division for any violation	35939
of division (A) of section 4511.19 of the Revised Code. In	35940
addition to the mandatory prison term described in division (G)(2)	35941
of this section, the court may sentence the offender to a	35942
community control sanction under section 2929.16 or 2929.17 of the	35943
Revised Code, but the offender shall serve the prison term prior	35944
to serving the community control sanction. The department of	35945
rehabilitation and correction may place an offender sentenced to a	35946
mandatory prison term under this division in an intensive program	35947
prison established pursuant to section 5120.033 of the Revised	35948
Code if the department gave the sentencing judge prior notice of	35949
its intent to place the offender in an intensive program prison	35950
established under that section and if the judge did not notify the	35951
department that the judge disapproved the placement. Upon the	35952
establishment of the initial intensive program prison pursuant to	35953
section 5120.033 of the Revised Code that is privately operated	35954
and managed by a contractor pursuant to a contract entered into	35955
under section 9.06 of the Revised Code, both of the following	35956
apply:	35957

(a) The department of rehabilitation and correction shall	35958
make a reasonable effort to ensure that a sufficient number of	35959
offenders sentenced to a mandatory prison term under this division	35960
are placed in the privately operated and managed prison so that	35961
the privately operated and managed prison has full occupancy.	35962

(b) Unless the privately operated and managed prison has full	35963
occupancy, the department of rehabilitation and correction shall	35964
not place any offender sentenced to a mandatory prison term under	35965
this division in any intensive program prison established pursuant	35966
to section 5120.033 of the Revised Code other than the privately	35967
operated and managed prison.	35968

(H) If an offender is being sentenced for a sexually oriented	35969
offense or child-victim oriented offense that is a felony	35970
committed on or after January 1, 1997, the judge shall require the	35971
offender to submit to a DNA specimen collection procedure pursuant	35972
to section 2901.07 of the Revised Code.	35973

(I) If an offender is being sentenced for a sexually oriented	35974
offense or a child-victim oriented offense committed on or after	35975
January 1, 1997, the judge shall include in the sentence a summary	35976
of the offender's duties imposed under sections 2950.04, 2950.041,	35977
2950.05, and 2950.06 of the Revised Code and the duration of the	35978
duties. The judge shall inform the offender, at the time of	35979
sentencing, of those duties and of their duration. If required	35980
under division (A)(2) of section 2950.03 of the Revised Code, the	35981
judge shall perform the duties specified in that section, or, if	35982
required under division (A)(6) of section 2950.03 of the Revised	35983
Code, the judge shall perform the duties specified in that	35984
division.	35985

(J)(1) Except as provided in division (J)(2) of this section,	35986
when considering sentencing factors under this section in relation	35987
to an offender who is convicted of or pleads guilty to an attempt	35988
to commit an offense in violation of section 2923.02 of the	35989
Revised Code, the sentencing court shall consider the factors	35990
applicable to the felony category of the violation of section	35991
2923.02 of the Revised Code instead of the factors applicable to	35992
the felony category of the offense attempted.	35993

(2) When considering sentencing factors under this section in	35994
relation to an offender who is convicted of or pleads guilty to an	35995
attempt to commit a drug abuse offense for which the penalty is	35996
determined by the amount or number of unit doses of the controlled	35997
substance involved in the drug abuse offense, the sentencing court	35998
shall consider the factors applicable to the felony category that	35999
the drug abuse offense attempted would be if that drug abuse	36000
offense had been committed and had involved an amount or number of	36001
unit doses of the controlled substance that is within the next	36002
lower range of controlled substance amounts than was involved in	36003
the attempt.	36004

(K) As used in this section:

36005

(1) "Drug abuse offense" has the same meaning as in section	36006
2925.01 of the Revised Code.	36007

(2) "Qualifying assault offense" means a violation of section	36008
2903.13 of the Revised Code for which the penalty provision in	36009
division (C)~~(7)~~(8)(b) or (C)~~(8)~~(9)(b) of that section applies.	36010

(L) At the time of sentencing an offender for any sexually	36011
oriented offense, if the offender is a tier III sex	36012
offender/child-victim offender relative to that offense and the	36013
offender does not serve a prison term or jail term, the court may	36014
require that the offender be monitored by means of a global	36015
positioning device. If the court requires such monitoring, the	36016
cost of monitoring shall be borne by the offender. If the offender	36017
is indigent, the cost of compliance shall be paid by the crime	36018
victims reparations fund.	36019

Sec. 2929.15. (A)(1) If in sentencing an offender for a	36020
felony the court is not required to impose a prison term, a	36021
mandatory prison term, or a term of life imprisonment upon the	36022
offender, the court may directly impose a sentence that consists	36023
of one or more community control sanctions authorized pursuant to	36024
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	36025
court is sentencing an offender for a fourth degree felony OVI	36026
offense under division (G)(1) of section 2929.13 of the Revised	36027
Code, in addition to the mandatory term of local incarceration	36028
imposed under that division and the mandatory fine required by	36029
division (B)(3) of section 2929.18 of the Revised Code, the court	36030
may impose upon the offender a community control sanction or	36031
combination of community control sanctions in accordance with	36032
sections 2929.16 and 2929.17 of the Revised Code. If the court is	36033
sentencing an offender for a third or fourth degree felony OVI	36034
offense under division (G)(2) of section 2929.13 of the Revised	36035
Code, in addition to the mandatory prison term or mandatory prison	36036
term and additional prison term imposed under that division, the	36037
court also may impose upon the offender a community control	36038
sanction or combination of community control sanctions under	36039
section 2929.16 or 2929.17 of the Revised Code, but the offender	36040
shall serve all of the prison terms so imposed prior to serving	36041
the community control sanction.	36042

The duration of all community control sanctions imposed upon	36043
an offender under this division shall not exceed five years. If	36044
the offender absconds or otherwise leaves the jurisdiction of the	36045
court in which the offender resides without obtaining permission	36046
from the court or the offender's probation officer to leave the	36047
jurisdiction of the court, or if the offender is confined in any	36048
institution for the commission of any offense while under a	36049
community control sanction, the period of the community control	36050
sanction ceases to run until the offender is brought before the	36051
court for its further action. If the court sentences the offender	36052
to one or more nonresidential sanctions under section 2929.17 of	36053
the Revised Code, the court shall impose as a condition of the	36054
nonresidential sanctions that, during the period of the sanctions,	36055
the offender must abide by the law and must not leave the state	36056
without the permission of the court or the offender's probation	36057
officer. The court may impose any other conditions of release	36058
under a community control sanction that the court considers	36059
appropriate, including, but not limited to, requiring that the	36060
offender not ingest or be injected with a drug of abuse and submit	36061
to random drug testing as provided in division (D) of this section	36062
to determine whether the offender ingested or was injected with a	36063
drug of abuse and requiring that the results of the drug test	36064
indicate that the offender did not ingest or was not injected with	36065
a drug of abuse.	36066

(2)(a) If a court sentences an offender to any community	36067
control sanction or combination of community control sanctions	36068
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	36069
Revised Code, the court shall place the offender under the general	36070
control and supervision of a department of probation in the county	36071
that serves the court for purposes of reporting to the court a	36072
violation of any condition of the sanctions, any condition of	36073
release under a community control sanction imposed by the court, a	36074
violation of law, or the departure of the offender from this state	36075
without the permission of the court or the offender's probation	36076
officer. Alternatively, if the offender resides in another county	36077
and a county department of probation has been established in that	36078
county or that county is served by a multicounty probation	36079
department established under section 2301.27 of the Revised Code,	36080
the court may request the court of common pleas of that county to	36081
receive the offender into the general control and supervision of	36082
that county or multicounty department of probation for purposes of	36083
reporting to the court a violation of any condition of the	36084
sanctions, any condition of release under a community control	36085
sanction imposed by the court, a violation of law, or the	36086
departure of the offender from this state without the permission	36087
of the court or the offender's probation officer, subject to the	36088
jurisdiction of the trial judge over and with respect to the	36089
person of the offender, and to the rules governing that department	36090
of probation.	36091

If there is no department of probation in the county that	36092
serves the court, the court shall place the offender, regardless	36093
of the offender's county of residence, under the general control	36094
and supervision of the adult parole authority for purposes of	36095
reporting to the court a violation of any of the sanctions, any	36096
condition of release under a community control sanction imposed by	36097
the court, a violation of law, or the departure of the offender	36098
from this state without the permission of the court or the	36099
offender's probation officer.	36100

(b) If the court imposing sentence upon an offender sentences	36101
the offender to any community control sanction or combination of	36102
community control sanctions authorized pursuant to section	36103
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	36104
offender violates any condition of the sanctions, any condition of	36105
release under a community control sanction imposed by the court,	36106
violates any law, or departs the state without the permission of	36107
the court or the offender's probation officer, the public or	36108
private person or entity that operates or administers the sanction	36109
or the program or activity that comprises the sanction shall	36110
report the violation or departure directly to the sentencing	36111
court, or shall report the violation or departure to the county or	36112
multicounty department of probation with general control and	36113
supervision over the offender under division (A)(2)(a) of this	36114
section or the officer of that department who supervises the	36115
offender, or, if there is no such department with general control	36116
and supervision over the offender under that division, to the	36117
adult parole authority. If the public or private person or entity	36118
that operates or administers the sanction or the program or	36119
activity that comprises the sanction reports the violation or	36120
departure to the county or multicounty department of probation or	36121
the adult parole authority, the department's or authority's	36122
officers may treat the offender as if the offender were on	36123
probation and in violation of the probation, and shall report the	36124
violation of the condition of the sanction, any condition of	36125
release under a community control sanction imposed by the court,	36126
the violation of law, or the departure from the state without the	36127
required permission to the sentencing court.	36128

(3) If an offender who is eligible for community control	36129
sanctions under this section admits to being drug addicted or the	36130
court has reason to believe that the offender is drug addicted,	36131
and if the offense for which the offender is being sentenced was	36132
related to the addiction, the court may require that the offender	36133
be assessed by a properly credentialed professional within a	36134
specified period of time and shall require the professional to	36135
file a written assessment of the offender with the court. If a	36136
court imposes treatment and recovery support services as a	36137
community control sanction, the court shall direct the level and	36138
type of treatment and recovery support services after	36139
consideration of the written assessment, if available at the time	36140
of sentencing, and recommendations of the professional and other	36141
treatment and recovery support services providers.	36142

(4) If an assessment completed pursuant to division (A)(3) of	36143
this section indicates that the offender is addicted to drugs or	36144
alcohol, the court may include in any community control sanction	36145
imposed for a violation of section 2925.02, 2925.03, 2925.04,	36146
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	36147
2925.37 of the Revised Code a requirement that the offender	36148
participate in a treatment and recovery support services program	36149
certified under section ~~3793.06~~5119.36 of the Revised Code or	36150
offered by another properly credentialed ~~program~~community	36151
addiction services provider.	36152

(B)(1) If the conditions of a community control sanction are	36153
violated or if the offender violates a law or leaves the state	36154
without the permission of the court or the offender's probation	36155
officer, the sentencing court may impose upon the violator one or	36156
more of the following penalties:	36157

(a) A longer time under the same sanction if the total time	36158
under the sanctions does not exceed the five-year limit specified	36159
in division (A) of this section;	36160

(b) A more restrictive sanction under section 2929.16,	36161
2929.17, or 2929.18 of the Revised Code;	36162

(c) A prison term on the offender pursuant to section 2929.14	36163
of the Revised Code.	36164

(2) The prison term, if any, imposed upon a violator pursuant	36165
to this division shall be within the range of prison terms	36166
available for the offense for which the sanction that was violated	36167
was imposed and shall not exceed the prison term specified in the	36168
notice provided to the offender at the sentencing hearing pursuant	36169
to division (B)(2) of section 2929.19 of the Revised Code. The	36170
court may reduce the longer period of time that the offender is	36171
required to spend under the longer sanction, the more restrictive	36172
sanction, or a prison term imposed pursuant to this division by	36173
the time the offender successfully spent under the sanction that	36174
was initially imposed.	36175

(C) If an offender, for a significant period of time,	36176
fulfills the conditions of a sanction imposed pursuant to section	36177
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	36178
manner, the court may reduce the period of time under the sanction	36179
or impose a less restrictive sanction, but the court shall not	36180
permit the offender to violate any law or permit the offender to	36181
leave the state without the permission of the court or the	36182
offender's probation officer.	36183

(D)(1) If a court under division (A)(1) of this section	36184
imposes a condition of release under a community control sanction	36185
that requires the offender to submit to random drug testing, the	36186
department of probation or the adult parole authority that has	36187
general control and supervision of the offender under division	36188
(A)(2)(a) of this section may cause the offender to submit to	36189
random drug testing performed by a laboratory or entity that has	36190
entered into a contract with any of the governmental entities or	36191
officers authorized to enter into a contract with that laboratory	36192
or entity under section 341.26, 753.33, or 5120.63 of the Revised	36193
Code.	36194

(2) If no laboratory or entity described in division (D)(1)	36195
of this section has entered into a contract as specified in that	36196
division, the department of probation or the adult parole	36197
authority that has general control and supervision of the offender	36198
under division (A)(2)(a) of this section shall cause the offender	36199
to submit to random drug testing performed by a reputable public	36200
laboratory to determine whether the individual who is the subject	36201
of the drug test ingested or was injected with a drug of abuse.	36202

(3) A laboratory or entity that has entered into a contract	36203
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	36204
shall perform the random drug tests under division (D)(1) of this	36205
section in accordance with the applicable standards that are	36206
included in the terms of that contract. A public laboratory shall	36207
perform the random drug tests under division (D)(2) of this	36208
section in accordance with the standards set forth in the policies	36209
and procedures established by the department of rehabilitation and	36210
correction pursuant to section 5120.63 of the Revised Code. An	36211
offender who is required under division (A)(1) of this section to	36212
submit to random drug testing as a condition of release under a	36213
community control sanction and whose test results indicate that	36214
the offender ingested or was injected with a drug of abuse shall	36215
pay the fee for the drug test if the department of probation or	36216
the adult parole authority that has general control and	36217
supervision of the offender requires payment of a fee. A	36218
laboratory or entity that performs the random drug testing on an	36219
offender under division (D)(1) or (2) of this section shall	36220
transmit the results of the drug test to the appropriate	36221
department of probation or the adult parole authority that has	36222
general control and supervision of the offender under division	36223
(A)(2)(a) of this section.	36224

Sec. 2930.01. As used in this chapter:

36225

(A) "Crime" means any of the following:

36226

(1) A felony;

36227

(2) A violation of section 2903.05, 2903.06, 2903.13,	36228
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	36229
Revised Code, a violation of section 2903.07 of the Revised Code	36230
as it existed prior to March 23, 2000, or a violation of a	36231
substantially equivalent municipal ordinance;	36232

(3) A violation of division (A) or (B) of section 4511.19,	36233
division (A) or (B) of section 1547.11, or division (A)(3) of	36234
section 4561.15 of the Revised Code or of a municipal ordinance	36235
substantially similar to any of those divisions that is the	36236
proximate cause of a vehicle, streetcar, trackless trolley,	36237
aquatic device, or aircraft accident in which the victim receives	36238
injuries for which the victim receives medical treatment either at	36239
the scene of the accident by emergency medical services personnel	36240
or at a hospital, ambulatory care facility, physician's office,	36241
specialist's office, or other medical care facility.	36242

(4) A motor vehicle accident to which both of the following	36243
apply:	36244

(a) The motor vehicle accident is caused by a violation of a	36245
provision of the Revised Code that is a misdemeanor of the first	36246
degree or higher.	36247

(b) As a result of the motor vehicle accident, the victim	36248
receives injuries for which the victim receives medical treatment	36249
either at the scene of the accident by emergency medical services	36250
personnel or at a hospital, ambulatory care facility, physician's	36251
office, specialist's office, or other medical care facility.	36252

(B) "Custodial agency" means one of the following:

36253

(1) The entity that has custody of a defendant or an alleged	36254
juvenile offender who is incarcerated for a crime, is under	36255
detention for the commission of a specified delinquent act, or who	36256
is detained after a finding of incompetence to stand trial or not	36257
guilty by reason of insanity relative to a crime, including any of	36258
the following:	36259

(a) The department of rehabilitation and correction or the	36260
adult parole authority;	36261

(b) A county sheriff;

36262

(c) The entity that administers a jail, as defined in section	36263
2929.01 of the Revised Code;	36264

(d) The entity that administers a community-based	36265
correctional facility and program or a district community-based	36266
correctional facility and program;	36267

(e) The department of ~~mental health~~mental health and	36268
addiction services or other entity to which a defendant found	36269
incompetent to stand trial or not guilty by reason of insanity is	36270
committed.	36271

(2) The entity that has custody of an alleged juvenile	36272
offender pursuant to an order of disposition of a juvenile court,	36273
including the department of youth services or a school, camp,	36274
institution, or other facility operated for the care of delinquent	36275
children.	36276

(C) "Defendant" means a person who is alleged to be the	36277
perpetrator of a crime in a police report or in a complaint,	36278
indictment, or information that charges the commission of a crime	36279
and that provides the basis for the criminal prosecution and	36280
subsequent proceedings to which this chapter makes reference.	36281

(D) "Member of the victim's family" means a spouse, child,	36282
stepchild, sibling, parent, stepparent, grandparent, or other	36283
relative of a victim but does not include a person who is charged	36284
with, convicted of, or adjudicated to be a delinquent child for	36285
the crime or specified delinquent act against the victim or	36286
another crime or specified delinquent act arising from the same	36287
conduct, criminal episode, or plan.	36288

(E) "Prosecutor" means one of the following:

36289

(1) With respect to a criminal case, it has the same meaning	36290
as in section 2935.01 of the Revised Code and also includes the	36291
attorney general and, when appropriate, the employees of any	36292
person listed in section 2935.01 of the Revised Code or of the	36293
attorney general.	36294

(2) With respect to a delinquency proceeding, it includes any	36295
person listed in division (C) of section 2935.01 of the Revised	36296
Code or an employee of a person listed in that division who	36297
prosecutes a delinquency proceeding.	36298

(F) "Public agency" means an office, agency, department,	36299
bureau, or other governmental entity of the state or of a	36300
political subdivision of the state.	36301

(G) "Public official" has the same meaning as in section	36302
2921.01 of the Revised Code.	36303

(H) "Victim" means either of the following:

36304

(1) A person who is identified as the victim of a crime or	36305
specified delinquent act in a police report or in a complaint,	36306
indictment, or information that charges the commission of a crime	36307
and that provides the basis for the criminal prosecution or	36308
delinquency proceeding and subsequent proceedings to which this	36309
chapter makes reference.	36310

(2) A person who receives injuries as a result of a vehicle,	36311
streetcar, trackless trolley, aquatic device, or aircraft accident	36312
that is proximately caused by a violation described in division	36313
(A)(3) of this section or a motor vehicle accident that is	36314
proximately caused by a violation described in division (A)(4) of	36315
this section and who receives medical treatment as described in	36316
division (A)(3) or (4) of this section, whichever is applicable.	36317

(I) "Victim's representative" means a member of the victim's	36318
family or another person who pursuant to the authority of section	36319
2930.02 of the Revised Code exercises the rights of a victim under	36320
this chapter.	36321

(J) "Court" means a court of common pleas, juvenile court,	36322
municipal court, or county court.	36323

(K) "Delinquency proceeding" means all proceedings in a	36324
juvenile court that are related to a case in which a complaint has	36325
been filed alleging that a child is a delinquent child.	36326

(L) "Case" means a delinquency proceeding and all related	36327
activity or a criminal prosecution and all related activity.	36328

(M) The "defense" means the defense against criminal charges	36329
in a criminal prosecution or the defense against a delinquent	36330
child complaint in a delinquency proceeding.	36331

(N) The "prosecution" means the prosecution of criminal	36332
charges in a criminal prosecution or the prosecution of a	36333
delinquent child complaint in a delinquency proceeding.	36334

(O) "Specified delinquent act" means any of the following:

36335

(1) An act committed by a child that if committed by an adult	36336
would be a felony;	36337

(2) An act committed by a child that is a violation of a	36338
section listed in division (A)(1) or (2) of this section or is a	36339
violation of a substantially equivalent municipal ordinance;	36340

(3) An act committed by a child that is described in division	36341
(A)(3) or (4) of this section.	36342

(P)(1) "Alleged juvenile offender" means a child who is	36343
alleged to have committed a specified delinquent act in a police	36344
report or in a complaint in juvenile court that charges the	36345
commission of a specified delinquent act and that provides the	36346
basis for the delinquency proceeding and all subsequent	36347
proceedings to which this chapter makes reference.	36348

(2) As used in divisions (O) and (P)(1) of this section,	36349
"child" has the same meaning as in section 2151.011 of the Revised	36350
Code.	36351

(Q) "Motor vehicle accident" means any accident involving a	36352
motor vehicle.	36353

(R) "Motor vehicle" has the same meaning as in section	36354
4509.01 of the Revised Code.	36355

(S) "Aircraft" has the same meaning as in section 4561.01 of	36356
the Revised Code.	36357

(T) "Aquatic device" means any vessel, or any water skis,	36358
aquaplane, or similar device.	36359

(U) "Vehicle," "streetcar," and "trackless trolley" have the	36360
same meanings as in section 4511.01 of the Revised Code.	36361

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	36362
or aircraft accident" means any accident involving a vehicle,	36363
streetcar, trackless trolley, aquatic device, or aircraft.	36364

(W) "Vessel" has the same meaning as in section 1547.01 of	36365
the Revised Code.	36366

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	36367
deputy marshal, municipal police officer, township constable,	36368
police officer of a township or joint police district, member of a	36369
police force employed by a metropolitan housing authority under	36370
division (D) of section 3735.31 of the Revised Code, member of a	36371
police force employed by a regional transit authority under	36372
division (Y) of section 306.35 of the Revised Code, state	36373
university law enforcement officer appointed under section 3345.04	36374
of the Revised Code, veterans' home police officer appointed under	36375
section 5907.02 of the Revised Code, special police officer	36376
employed by a port authority under section 4582.04 or 4582.28 of	36377
the Revised Code, or a special police officer employed by a	36378
municipal corporation at a municipal airport, or other municipal	36379
air navigation facility, that has scheduled operations, as defined	36380
in section 119.3 of Title 14 of the Code of Federal Regulations,	36381
14 C.F.R. 119.3, as amended, and that is required to be under a	36382
security program and is governed by aviation security rules of the	36383
transportation security administration of the United States	36384
department of transportation as provided in Parts 1542. and 1544.	36385
of Title 49 of the Code of Federal Regulations, as amended, shall	36386
arrest and detain, until a warrant can be obtained, a person found	36387
violating, within the limits of the political subdivision,	36388
metropolitan housing authority housing project, regional transit	36389
authority facilities or areas of a municipal corporation that have	36390
been agreed to by a regional transit authority and a municipal	36391
corporation located within its territorial jurisdiction, college,	36392
university, veterans' home operated under Chapter 5907. of the	36393
Revised Code, port authority, or municipal airport or other	36394
municipal air navigation facility, in which the peace officer is	36395
appointed, employed, or elected, a law of this state, an ordinance	36396
of a municipal corporation, or a resolution of a township.	36397

(2) A peace officer of the department of natural resources, a	36398
state fire marshal law enforcement officer described in division	36399
(A)(23) of section 109.71 of the Revised Code, or an individual	36400
designated to perform law enforcement duties under section	36401
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	36402
detain, until a warrant can be obtained, a person found violating,	36403
within the limits of the peace officer's, state fire marshal law	36404
enforcement officer's, or individual's territorial jurisdiction, a	36405
law of this state.	36406

(3) The house sergeant at arms, if the house sergeant at arms	36407
has arrest authority pursuant to division (E)(1) of section	36408
101.311 of the Revised Code, and an assistant house sergeant at	36409
arms shall arrest and detain, until a warrant can be obtained, a	36410
person found violating, within the limits of the sergeant at	36411
arms's or assistant sergeant at arms's territorial jurisdiction	36412
specified in division (D)(1)(a) of section 101.311 of the Revised	36413
Code or while providing security pursuant to division (D)(1)(f) of	36414
section 101.311 of the Revised Code, a law of this state, an	36415
ordinance of a municipal corporation, or a resolution of a	36416
township.	36417

(4) The senate sergeant at arms and an assistant senate	36418
sergeant at arms shall arrest and detain, until a warrant can be	36419
obtained, a person found violating, within the limits of the	36420
sergeant at arms's or assistant sergeant at arms's territorial	36421
jurisdiction specified in division (B) of section 101.312 of the	36422
Revised Code, a law of this state, an ordinance of a municipal	36423
corporation, or a resolution of a township.	36424

(B)(1) When there is reasonable ground to believe that an	36425
offense of violence, the offense of criminal child enticement as	36426
defined in section 2905.05 of the Revised Code, the offense of	36427
public indecency as defined in section 2907.09 of the Revised	36428
Code, the offense of domestic violence as defined in section	36429
2919.25 of the Revised Code, the offense of violating a protection	36430
order as defined in section 2919.27 of the Revised Code, the	36431
offense of menacing by stalking as defined in section 2903.211 of	36432
the Revised Code, the offense of aggravated trespass as defined in	36433
section 2911.211 of the Revised Code, a theft offense as defined	36434
in section 2913.01 of the Revised Code, or a felony drug abuse	36435
offense as defined in section 2925.01 of the Revised Code, has	36436
been committed within the limits of the political subdivision,	36437
metropolitan housing authority housing project, regional transit	36438
authority facilities or those areas of a municipal corporation	36439
that have been agreed to by a regional transit authority and a	36440
municipal corporation located within its territorial jurisdiction,	36441
college, university, veterans' home operated under Chapter 5907.	36442
of the Revised Code, port authority, or municipal airport or other	36443
municipal air navigation facility, in which the peace officer is	36444
appointed, employed, or elected or within the limits of the	36445
territorial jurisdiction of the peace officer, a peace officer	36446
described in division (A) of this section may arrest and detain	36447
until a warrant can be obtained any person who the peace officer	36448
has reasonable cause to believe is guilty of the violation.	36449

(2) For purposes of division (B)(1) of this section, the	36450
execution of any of the following constitutes reasonable ground to	36451
believe that the offense alleged in the statement was committed	36452
and reasonable cause to believe that the person alleged in the	36453
statement to have committed the offense is guilty of the	36454
violation:	36455

(a) A written statement by a person alleging that an alleged	36456
offender has committed the offense of menacing by stalking or	36457
aggravated trespass;	36458

(b) A written statement by the administrator of the	36459
interstate compact on mental health appointed under section	36460
~~5119.51~~5119.71 of the Revised Code alleging that a person who had	36461
been hospitalized, institutionalized, or confined in any facility	36462
under an order made pursuant to or under authority of section	36463
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	36464
2945.402 of the Revised Code has escaped from the facility, from	36465
confinement in a vehicle for transportation to or from the	36466
facility, or from supervision by an employee of the facility that	36467
is incidental to hospitalization, institutionalization, or	36468
confinement in the facility and that occurs outside of the	36469
facility, in violation of section 2921.34 of the Revised Code;	36470

(c) A written statement by the administrator of any facility	36471
in which a person has been hospitalized, institutionalized, or	36472
confined under an order made pursuant to or under authority of	36473
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	36474
2945.402 of the Revised Code alleging that the person has escaped	36475
from the facility, from confinement in a vehicle for	36476
transportation to or from the facility, or from supervision by an	36477
employee of the facility that is incidental to hospitalization,	36478
institutionalization, or confinement in the facility and that	36479
occurs outside of the facility, in violation of section 2921.34 of	36480
the Revised Code.	36481

(3)(a) For purposes of division (B)(1) of this section, a	36482
peace officer described in division (A) of this section has	36483
reasonable grounds to believe that the offense of domestic	36484
violence or the offense of violating a protection order has been	36485
committed and reasonable cause to believe that a particular person	36486
is guilty of committing the offense if any of the following	36487
occurs:	36488

(i) A person executes a written statement alleging that the	36489
person in question has committed the offense of domestic violence	36490
or the offense of violating a protection order against the person	36491
who executes the statement or against a child of the person who	36492
executes the statement.	36493

(ii) No written statement of the type described in division	36494
(B)(3)(a)(i) of this section is executed, but the peace officer,	36495
based upon the peace officer's own knowledge and observation of	36496
the facts and circumstances of the alleged incident of the offense	36497
of domestic violence or the alleged incident of the offense of	36498
violating a protection order or based upon any other information,	36499
including, but not limited to, any reasonably trustworthy	36500
information given to the peace officer by the alleged victim of	36501
the alleged incident of the offense or any witness of the alleged	36502
incident of the offense, concludes that there are reasonable	36503
grounds to believe that the offense of domestic violence or the	36504
offense of violating a protection order has been committed and	36505
reasonable cause to believe that the person in question is guilty	36506
of committing the offense.	36507

(iii) No written statement of the type described in division	36508
(B)(3)(a)(i) of this section is executed, but the peace officer	36509
witnessed the person in question commit the offense of domestic	36510
violence or the offense of violating a protection order.	36511

(b) If pursuant to division (B)(3)(a) of this section a peace	36512
officer has reasonable grounds to believe that the offense of	36513
domestic violence or the offense of violating a protection order	36514
has been committed and reasonable cause to believe that a	36515
particular person is guilty of committing the offense, it is the	36516
preferred course of action in this state that the officer arrest	36517
and detain that person pursuant to division (B)(1) of this section	36518
until a warrant can be obtained.	36519

If pursuant to division (B)(3)(a) of this section a peace	36520
officer has reasonable grounds to believe that the offense of	36521
domestic violence or the offense of violating a protection order	36522
has been committed and reasonable cause to believe that family or	36523
household members have committed the offense against each other,	36524
it is the preferred course of action in this state that the	36525
officer, pursuant to division (B)(1) of this section, arrest and	36526
detain until a warrant can be obtained the family or household	36527
member who committed the offense and whom the officer has	36528
reasonable cause to believe is the primary physical aggressor.	36529
There is no preferred course of action in this state regarding any	36530
other family or household member who committed the offense and	36531
whom the officer does not have reasonable cause to believe is the	36532
primary physical aggressor, but, pursuant to division (B)(1) of	36533
this section, the peace officer may arrest and detain until a	36534
warrant can be obtained any other family or household member who	36535
committed the offense and whom the officer does not have	36536
reasonable cause to believe is the primary physical aggressor.	36537

(c) If a peace officer described in division (A) of this	36538
section does not arrest and detain a person whom the officer has	36539
reasonable cause to believe committed the offense of domestic	36540
violence or the offense of violating a protection order when it is	36541
the preferred course of action in this state pursuant to division	36542
(B)(3)(b) of this section that the officer arrest that person, the	36543
officer shall articulate in the written report of the incident	36544
required by section 2935.032 of the Revised Code a clear statement	36545
of the officer's reasons for not arresting and detaining that	36546
person until a warrant can be obtained.	36547

(d) In determining for purposes of division (B)(3)(b) of this	36548
section which family or household member is the primary physical	36549
aggressor in a situation in which family or household members have	36550
committed the offense of domestic violence or the offense of	36551
violating a protection order against each other, a peace officer	36552
described in division (A) of this section, in addition to any	36553
other relevant circumstances, should consider all of the	36554
following:	36555

(i) Any history of domestic violence or of any other violent	36556
acts by either person involved in the alleged offense that the	36557
officer reasonably can ascertain;	36558

(ii) If violence is alleged, whether the alleged violence was	36559
caused by a person acting in self-defense;	36560

(iii) Each person's fear of physical harm, if any, resulting	36561
from the other person's threatened use of force against any person	36562
or resulting from the other person's use or history of the use of	36563
force against any person, and the reasonableness of that fear;	36564

(iv) The comparative severity of any injuries suffered by the	36565
persons involved in the alleged offense.	36566

(e)(i) A peace officer described in division (A) of this	36567
section shall not require, as a prerequisite to arresting or	36568
charging a person who has committed the offense of domestic	36569
violence or the offense of violating a protection order, that the	36570
victim of the offense specifically consent to the filing of	36571
charges against the person who has committed the offense or sign a	36572
complaint against the person who has committed the offense.	36573

(ii) If a person is arrested for or charged with committing	36574
the offense of domestic violence or the offense of violating a	36575
protection order and if the victim of the offense does not	36576
cooperate with the involved law enforcement or prosecuting	36577
authorities in the prosecution of the offense or, subsequent to	36578
the arrest or the filing of the charges, informs the involved law	36579
enforcement or prosecuting authorities that the victim does not	36580
wish the prosecution of the offense to continue or wishes to drop	36581
charges against the alleged offender relative to the offense, the	36582
involved prosecuting authorities, in determining whether to	36583
continue with the prosecution of the offense or whether to dismiss	36584
charges against the alleged offender relative to the offense and	36585
notwithstanding the victim's failure to cooperate or the victim's	36586
wishes, shall consider all facts and circumstances that are	36587
relevant to the offense, including, but not limited to, the	36588
statements and observations of the peace officers who responded to	36589
the incident that resulted in the arrest or filing of the charges	36590
and of all witnesses to that incident.	36591

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	36592
this section whether to arrest a person pursuant to division	36593
(B)(1) of this section, a peace officer described in division (A)	36594
of this section shall not consider as a factor any possible	36595
shortage of cell space at the detention facility to which the	36596
person will be taken subsequent to the person's arrest or any	36597
possibility that the person's arrest might cause, contribute to,	36598
or exacerbate overcrowding at that detention facility or at any	36599
other detention facility.	36600

(g) If a peace officer described in division (A) of this	36601
section intends pursuant to divisions (B)(3)(a) to (g) of this	36602
section to arrest a person pursuant to division (B)(1) of this	36603
section and if the officer is unable to do so because the person	36604
is not present, the officer promptly shall seek a warrant for the	36605
arrest of the person.	36606

(h) If a peace officer described in division (A) of this	36607
section responds to a report of an alleged incident of the offense	36608
of domestic violence or an alleged incident of the offense of	36609
violating a protection order and if the circumstances of the	36610
incident involved the use or threatened use of a deadly weapon or	36611
any person involved in the incident brandished a deadly weapon	36612
during or in relation to the incident, the deadly weapon that was	36613
used, threatened to be used, or brandished constitutes contraband,	36614
and, to the extent possible, the officer shall seize the deadly	36615
weapon as contraband pursuant to Chapter 2981. of the Revised	36616
Code. Upon the seizure of a deadly weapon pursuant to division	36617
(B)(3)(h) of this section, section 2981.12 of the Revised Code	36618
shall apply regarding the treatment and disposition of the deadly	36619
weapon. For purposes of that section, the "underlying criminal	36620
offense" that was the basis of the seizure of a deadly weapon	36621
under division (B)(3)(h) of this section and to which the deadly	36622
weapon had a relationship is any of the following that is	36623
applicable:	36624

(i) The alleged incident of the offense of domestic violence	36625
or the alleged incident of the offense of violating a protection	36626
order to which the officer who seized the deadly weapon responded;	36627

(ii) Any offense that arose out of the same facts and	36628
circumstances as the report of the alleged incident of the offense	36629
of domestic violence or the alleged incident of the offense of	36630
violating a protection order to which the officer who seized the	36631
deadly weapon responded.	36632

(4) If, in the circumstances described in divisions (B)(3)(a)	36633
to (g) of this section, a peace officer described in division (A)	36634
of this section arrests and detains a person pursuant to division	36635
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	36636
this section, a peace officer described in division (A) of this	36637
section seizes a deadly weapon, the officer, to the extent	36638
described in and in accordance with section 9.86 or 2744.03 of the	36639
Revised Code, is immune in any civil action for damages for	36640
injury, death, or loss to person or property that arises from or	36641
is related to the arrest and detention or the seizure.	36642

(C) When there is reasonable ground to believe that a	36643
violation of division (A)(1), (2), (3), (4), or (5) of section	36644
4506.15 or a violation of section 4511.19 of the Revised Code has	36645
been committed by a person operating a motor vehicle subject to	36646
regulation by the public utilities commission of Ohio under Title	36647
XLIX of the Revised Code, a peace officer with authority to	36648
enforce that provision of law may stop or detain the person whom	36649
the officer has reasonable cause to believe was operating the	36650
motor vehicle in violation of the division or section and, after	36651
investigating the circumstances surrounding the operation of the	36652
vehicle, may arrest and detain the person.	36653

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	36654
municipal police officer, member of a police force employed by a	36655
metropolitan housing authority under division (D) of section	36656
3735.31 of the Revised Code, member of a police force employed by	36657
a regional transit authority under division (Y) of section 306.35	36658
of the Revised Code, special police officer employed by a port	36659
authority under section 4582.04 or 4582.28 of the Revised Code,	36660
special police officer employed by a municipal corporation at a	36661
municipal airport or other municipal air navigation facility	36662
described in division (A) of this section, township constable,	36663
police officer of a township or joint police district, state	36664
university law enforcement officer appointed under section 3345.04	36665
of the Revised Code, peace officer of the department of natural	36666
resources, individual designated to perform law enforcement duties	36667
under section 511.232, 1545.13, or 6101.75 of the Revised Code,	36668
the house sergeant at arms if the house sergeant at arms has	36669
arrest authority pursuant to division (E)(1) of section 101.311 of	36670
the Revised Code, or an assistant house sergeant at arms is	36671
authorized by division (A) or (B) of this section to arrest and	36672
detain, within the limits of the political subdivision,	36673
metropolitan housing authority housing project, regional transit	36674
authority facilities or those areas of a municipal corporation	36675
that have been agreed to by a regional transit authority and a	36676
municipal corporation located within its territorial jurisdiction,	36677
port authority, municipal airport or other municipal air	36678
navigation facility, college, or university in which the officer	36679
is appointed, employed, or elected or within the limits of the	36680
territorial jurisdiction of the peace officer, a person until a	36681
warrant can be obtained, the peace officer, outside the limits of	36682
that territory, may pursue, arrest, and detain that person until a	36683
warrant can be obtained if all of the following apply:	36684

(1) The pursuit takes place without unreasonable delay after	36685
the offense is committed;	36686

(2) The pursuit is initiated within the limits of the	36687
political subdivision, metropolitan housing authority housing	36688
project, regional transit authority facilities or those areas of a	36689
municipal corporation that have been agreed to by a regional	36690
transit authority and a municipal corporation located within its	36691
territorial jurisdiction, port authority, municipal airport or	36692
other municipal air navigation facility, college, or university in	36693
which the peace officer is appointed, employed, or elected or	36694
within the limits of the territorial jurisdiction of the peace	36695
officer;	36696

(3) The offense involved is a felony, a misdemeanor of the	36697
first degree or a substantially equivalent municipal ordinance, a	36698
misdemeanor of the second degree or a substantially equivalent	36699
municipal ordinance, or any offense for which points are	36700
chargeable pursuant to section 4510.036 of the Revised Code.	36701

(E) In addition to the authority granted under division (A)	36702
or (B) of this section:	36703

(1) A sheriff or deputy sheriff may arrest and detain, until	36704
a warrant can be obtained, any person found violating section	36705
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	36706
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	36707
portion of any street or highway that is located immediately	36708
adjacent to the boundaries of the county in which the sheriff or	36709
deputy sheriff is elected or appointed.	36710

(2) A member of the police force of a township police	36711
district created under section 505.48 of the Revised Code, a	36712
member of the police force of a joint police district created	36713
under section 505.482 of the Revised Code, or a township constable	36714
appointed in accordance with section 509.01 of the Revised Code,	36715
who has received a certificate from the Ohio peace officer	36716
training commission under section 109.75 of the Revised Code, may	36717
arrest and detain, until a warrant can be obtained, any person	36718
found violating any section or chapter of the Revised Code listed	36719
in division (E)(1) of this section, other than sections 4513.33	36720
and 4513.34 of the Revised Code, on the portion of any street or	36721
highway that is located immediately adjacent to the boundaries of	36722
the township police district or joint police district, in the case	36723
of a member of a township police district or joint police district	36724
police force, or the unincorporated territory of the township, in	36725
the case of a township constable. However, if the population of	36726
the township that created the township police district served by	36727
the member's police force, or the townships and municipal	36728
corporations that created the joint police district served by the	36729
member's police force, or the township that is served by the	36730
township constable, is sixty thousand or less, the member of the	36731
township police district or joint police district police force or	36732
the township constable may not make an arrest under division	36733
(E)(2) of this section on a state highway that is included as part	36734
of the interstate system.	36735

(3) A police officer or village marshal appointed, elected,	36736
or employed by a municipal corporation may arrest and detain,	36737
until a warrant can be obtained, any person found violating any	36738
section or chapter of the Revised Code listed in division (E)(1)	36739
of this section on the portion of any street or highway that is	36740
located immediately adjacent to the boundaries of the municipal	36741
corporation in which the police officer or village marshal is	36742
appointed, elected, or employed.	36743

(4) A peace officer of the department of natural resources, a	36744
state fire marshal law enforcement officer described in division	36745
(A)(23) of section 109.71 of the Revised Code, or an individual	36746
designated to perform law enforcement duties under section	36747
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	36748
detain, until a warrant can be obtained, any person found	36749
violating any section or chapter of the Revised Code listed in	36750
division (E)(1) of this section, other than sections 4513.33 and	36751
4513.34 of the Revised Code, on the portion of any street or	36752
highway that is located immediately adjacent to the boundaries of	36753
the lands and waters that constitute the territorial jurisdiction	36754
of the peace officer or state fire marshal law enforcement	36755
officer.	36756

(F)(1) A department of ~~mental health~~mental health and	36757
addiction services special police officer or a department of	36758
developmental disabilities special police officer may arrest	36759
without a warrant and detain until a warrant can be obtained any	36760
person found committing on the premises of any institution under	36761
the jurisdiction of the particular department a misdemeanor under	36762
a law of the state.	36763

A department of ~~mental health~~mental health and addiction	36764
services special police officer or a department of developmental	36765
disabilities special police officer may arrest without a warrant	36766
and detain until a warrant can be obtained any person who has been	36767
hospitalized, institutionalized, or confined in an institution	36768
under the jurisdiction of the particular department pursuant to or	36769
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	36770
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	36771
found committing on the premises of any institution under the	36772
jurisdiction of the particular department a violation of section	36773
2921.34 of the Revised Code that involves an escape from the	36774
premises of the institution.	36775

(2)(a) If a department of ~~mental health~~mental health and	36776
addiction services special police officer or a department of	36777
developmental disabilities special police officer finds any person	36778
who has been hospitalized, institutionalized, or confined in an	36779
institution under the jurisdiction of the particular department	36780
pursuant to or under authority of section 2945.37, 2945.371,	36781
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	36782
Code committing a violation of section 2921.34 of the Revised Code	36783
that involves an escape from the premises of the institution, or	36784
if there is reasonable ground to believe that a violation of	36785
section 2921.34 of the Revised Code has been committed that	36786
involves an escape from the premises of an institution under the	36787
jurisdiction of the department of ~~mental health~~mental health and	36788
addiction services or the department of developmental disabilities	36789
and if a department of ~~mental health~~mental health and addiction	36790
services special police officer or a department of developmental	36791
disabilities special police officer has reasonable cause to	36792
believe that a particular person who has been hospitalized,	36793
institutionalized, or confined in the institution pursuant to or	36794
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	36795
2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of	36796
the violation, the special police officer, outside of the premises	36797
of the institution, may pursue, arrest, and detain that person for	36798
that violation of section 2921.34 of the Revised Code, until a	36799
warrant can be obtained, if both of the following apply:	36800

(i) The pursuit takes place without unreasonable delay after	36801
the offense is committed;	36802

(ii) The pursuit is initiated within the premises of the	36803
institution from which the violation of section 2921.34 of the	36804
Revised Code occurred.	36805

(b) For purposes of division (F)(2)(a) of this section, the	36806
execution of a written statement by the administrator of the	36807
institution in which a person had been hospitalized,	36808
institutionalized, or confined pursuant to or under authority of	36809
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	36810
2945.402 of the Revised Code alleging that the person has escaped	36811
from the premises of the institution in violation of section	36812
2921.34 of the Revised Code constitutes reasonable ground to	36813
believe that the violation was committed and reasonable cause to	36814
believe that the person alleged in the statement to have committed	36815
the offense is guilty of the violation.	36816

(G) As used in this section:

36817

(1) A "department of ~~mental health~~mental health and	36818
addiction services special police officer" means a special police	36819
officer of the department of ~~mental health~~mental health and	36820
addiction services designated under section ~~5119.14~~5119.08 of the	36821
Revised Code who is certified by the Ohio peace officer training	36822
commission under section 109.77 of the Revised Code as having	36823
successfully completed an approved peace officer basic training	36824
program.	36825

(2) A "department of developmental disabilities special	36826
police officer" means a special police officer of the department	36827
of developmental disabilities designated under section 5123.13 of	36828
the Revised Code who is certified by the Ohio peace officer	36829
training council under section 109.77 of the Revised Code as	36830
having successfully completed an approved peace officer basic	36831
training program.	36832

(3) "Deadly weapon" has the same meaning as in section	36833
2923.11 of the Revised Code.	36834

(4) "Family or household member" has the same meaning as in	36835
section 2919.25 of the Revised Code.	36836

(5) "Street" or "highway" has the same meaning as in section	36837
4511.01 of the Revised Code.	36838

(6) "Interstate system" has the same meaning as in section	36839
5516.01 of the Revised Code.	36840

(7) "Peace officer of the department of natural resources"	36841
means an employee of the department of natural resources who is a	36842
natural resources law enforcement staff officer designated	36843
pursuant to section 1501.013 of the Revised Code, a forest officer	36844
designated pursuant to section 1503.29 of the Revised Code, a	36845
preserve officer designated pursuant to section 1517.10 of the	36846
Revised Code, a wildlife officer designated pursuant to section	36847
1531.13 of the Revised Code, a park officer designated pursuant to	36848
section 1541.10 of the Revised Code, or a state watercraft officer	36849
designated pursuant to section 1547.521 of the Revised Code.	36850

(8) "Portion of any street or highway" means all lanes of the	36851
street or highway irrespective of direction of travel, including	36852
designated turn lanes, and any berm, median, or shoulder.	36853

Sec. 2935.33. (A) If a person charged with a misdemeanor is	36854
taken before a judge of a court of record and if it appears to the	36855
judge that the person is an alcoholic or is suffering from acute	36856
alcohol intoxication and that the person would benefit from	36857
services provided by ~~an alcohol and drug~~a community addiction	36858
~~program~~services provider certified under Chapter ~~3793.~~5119. of	36859
the Revised Code, the judge may place the person temporarily in a	36860
~~program~~services provider certified under that chapter in the area	36861
in which the court has jurisdiction for inpatient care and	36862
treatment for an indefinite period not exceeding five days. The	36863
commitment does not limit the right to release on bail. The judge	36864
may dismiss a charge of a violation of division (B) of section	36865
2917.11 of the Revised Code or of a municipal ordinance	36866
substantially equivalent to that division if the defendant	36867
complies with all the conditions of treatment ordered by the	36868
court.	36869

The court may order that any fines or court costs collected	36870
by the court from defendants who have received inpatient care from	36871
~~an alcohol and drug~~a community addiction ~~program~~services	36872
provider be paid, for the benefit of the program, to the board of	36873
alcohol, drug addiction, and mental health services of the	36874
alcohol, drug addiction, and mental health service district in	36875
which the ~~program~~services provider is located or to the director	36876
of ~~alcohol and drug addiction services~~mental health and addiction	36877
services.	36878

(B) If a person is being sentenced for a violation of	36879
division (B) of section 2917.11 or section 4511.19 of the Revised	36880
Code, a misdemeanor violation of section 2919.25 of the Revised	36881
Code, a misdemeanor violation of section 2919.27 of the Revised	36882
Code involving a protection order issued or consent agreement	36883
approved pursuant to section 2919.26 or 3113.31 of the Revised	36884
Code, or a violation of a municipal ordinance substantially	36885
equivalent to that division or any of those sections and if it	36886
appears to the judge at the time of sentencing that the person is	36887
an alcoholic or is suffering from acute alcohol intoxication and	36888
that, in lieu of imprisonment, the person would benefit from	36889
services provided by ~~an alcohol and drug~~a community addiction	36890
~~program~~services provider certified under Chapter ~~3793.~~5119. of	36891
the Revised Code, the court may commit the person to close	36892
supervision in any facility in the area in which the court has	36893
jurisdiction that is, or is operated by, such a ~~program~~services	36894
provider. Such close supervision may include outpatient services	36895
and part-time release, except that a person convicted of a	36896
violation of division (A) of section 4511.19 of the Revised Code	36897
shall be confined to the facility for at least three days and	36898
except that a person convicted of a misdemeanor violation of	36899
section 2919.25 of the Revised Code, a misdemeanor violation of	36900
section 2919.27 of the Revised Code involving a protection order	36901
issued or consent agreement approved pursuant to section 2919.26	36902
or 3113.31 of the Revised Code, or a violation of a substantially	36903
equivalent municipal ordinance shall be confined to the facility	36904
in accordance with the order of commitment. A commitment of a	36905
person to a facility for purposes of close supervision shall not	36906
exceed the maximum term for which the person could be imprisoned.	36907

(C) A law enforcement officer who finds a person subject to	36908
prosecution for violation of division (B) of section 2917.11 of	36909
the Revised Code or a municipal ordinance substantially equivalent	36910
to that division and who has reasonable cause to believe that the	36911
person is an alcoholic or is suffering from acute alcohol	36912
intoxication and would benefit from immediate treatment	36913
immediately may place the person in ~~an alcohol and drug~~a	36914
community addiction ~~program~~services provider certified under	36915
Chapter ~~3793.~~5119. of the Revised Code in the area in which the	36916
person is found, for emergency treatment, in lieu of other arrest	36917
procedures, for a maximum period of forty-eight hours. During that	36918
time, if the person desires to leave such custody, the person	36919
shall be released forthwith.	36920

(D) As used in this section:

36921

(1) "Alcoholic" has the same meaning as in section ~~3793.01~~	36922
5119.01 of the Revised Code;	36923

(2) "Acute alcohol intoxication" means a heavy consumption of	36924
alcohol over a relatively short period of time, resulting in	36925
dysfunction of the brain centers controlling behavior, speech, and	36926
memory and causing characteristic withdrawal symptoms.	36927

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	36928
the Revised Code:	36929

(1) "Prosecutor" means a prosecuting attorney or a city	36930
director of law, village solicitor, or similar chief legal officer	36931
of a municipal corporation who has authority to prosecute a	36932
criminal case that is before the court or the criminal case in	36933
which a defendant in a criminal case has been found incompetent to	36934
stand trial or not guilty by reason of insanity.	36935

(2) "Examiner" means either of the following:

36936

(a) A psychiatrist or a licensed clinical psychologist who	36937
satisfies the criteria of division (I)(1) of section 5122.01 of	36938
the Revised Code or is employed by a certified forensic center	36939
designated by the department of ~~mental health~~mental health and	36940
addiction services to conduct examinations or evaluations.	36941

(b) For purposes of a separate mental retardation evaluation	36942
that is ordered by a court pursuant to division (H) of section	36943
2945.371 of the Revised Code, a psychologist designated by the	36944
director of developmental disabilities pursuant to that section to	36945
conduct that separate mental retardation evaluation.	36946

(3) "Nonsecured status" means any unsupervised, off-grounds	36947
movement or trial visit from a hospital or institution, or any	36948
conditional release, that is granted to a person who is found	36949
incompetent to stand trial and is committed pursuant to section	36950
2945.39 of the Revised Code or to a person who is found not guilty	36951
by reason of insanity and is committed pursuant to section 2945.40	36952
of the Revised Code.	36953

(4) "Unsupervised, off-grounds movement" includes only	36954
off-grounds privileges that are unsupervised and that have an	36955
expectation of return to the hospital or institution on a daily	36956
basis.	36957

(5) "Trial visit" means a patient privilege of a longer	36958
stated duration of unsupervised community contact with an	36959
expectation of return to the hospital or institution at designated	36960
times.	36961

(6) "Conditional release" means a commitment status under	36962
which the trial court at any time may revoke a person's	36963
conditional release and order the rehospitalization or	36964
reinstitutionalization of the person as described in division (A)	36965
of section 2945.402 of the Revised Code and pursuant to which a	36966
person who is found incompetent to stand trial or a person who is	36967
found not guilty by reason of insanity lives and receives	36968
treatment in the community for a period of time that does not	36969
exceed the maximum prison term or term of imprisonment that the	36970
person could have received for the offense in question had the	36971
person been convicted of the offense instead of being found	36972
incompetent to stand trial on the charge of the offense or being	36973
found not guilty by reason of insanity relative to the offense.	36974

(7) "Licensed clinical psychologist," "mentally ill person	36975
subject to hospitalization by court order," and "psychiatrist"	36976
have the same meanings as in section 5122.01 of the Revised Code.	36977

(8) "Mentally retarded person subject to institutionalization	36978
by court order" has the same meaning as in section 5123.01 of the	36979
Revised Code.	36980

(B) In a criminal action in a court of common pleas, a county	36981
court, or a municipal court, the court, prosecutor, or defense may	36982
raise the issue of the defendant's competence to stand trial. If	36983
the issue is raised before the trial has commenced, the court	36984
shall hold a hearing on the issue as provided in this section. If	36985
the issue is raised after the trial has commenced, the court shall	36986
hold a hearing on the issue only for good cause shown or on the	36987
court's own motion.	36988

(C) The court shall conduct the hearing required or	36989
authorized under division (B) of this section within thirty days	36990
after the issue is raised, unless the defendant has been referred	36991
for evaluation in which case the court shall conduct the hearing	36992
within ten days after the filing of the report of the evaluation	36993
or, in the case of a defendant who is ordered by the court	36994
pursuant to division (H) of section 2945.371 of the Revised Code	36995
to undergo a separate mental retardation evaluation conducted by a	36996
psychologist designated by the director of developmental	36997
disabilities, within ten days after the filing of the report of	36998
the separate mental retardation evaluation under that division. A	36999
hearing may be continued for good cause.	37000

(D) The defendant shall be represented by counsel at the	37001
hearing conducted under division (C) of this section. If the	37002
defendant is unable to obtain counsel, the court shall appoint	37003
counsel under Chapter 120. of the Revised Code or under the	37004
authority recognized in division (C) of section 120.06, division	37005
(E) of section 120.16, division (E) of section 120.26, or section	37006
2941.51 of the Revised Code before proceeding with the hearing.	37007

(E) The prosecutor and defense counsel may submit evidence on	37008
the issue of the defendant's competence to stand trial. A written	37009
report of the evaluation of the defendant may be admitted into	37010
evidence at the hearing by stipulation, but, if either the	37011
prosecution or defense objects to its admission, the report may be	37012
admitted under sections 2317.36 to 2317.38 of the Revised Code or	37013
any other applicable statute or rule.	37014

(F) The court shall not find a defendant incompetent to stand	37015
trial solely because the defendant is receiving or has received	37016
treatment as a voluntary or involuntary mentally ill patient under	37017
Chapter 5122. or a voluntary or involuntary mentally retarded	37018
resident under Chapter 5123. of the Revised Code or because the	37019
defendant is receiving or has received psychotropic drugs or other	37020
medication, even if the defendant might become incompetent to	37021
stand trial without the drugs or medication.	37022

(G) A defendant is presumed to be competent to stand trial.	37023
If, after a hearing, the court finds by a preponderance of the	37024
evidence that, because of the defendant's present mental	37025
condition, the defendant is incapable of understanding the nature	37026
and objective of the proceedings against the defendant or of	37027
assisting in the defendant's defense, the court shall find the	37028
defendant incompetent to stand trial and shall enter an order	37029
authorized by section 2945.38 of the Revised Code.	37030

(H) Municipal courts shall follow the procedures set forth in	37031
sections 2945.37 to 2945.402 of the Revised Code. Except as	37032
provided in section 2945.371 of the Revised Code, a municipal	37033
court shall not order an evaluation of the defendant's competence	37034
to stand trial or the defendant's mental condition at the time of	37035
the commission of the offense to be conducted at any hospital	37036
operated by the department of ~~mental health~~mental health and	37037
addiction services. Those evaluations shall be performed through	37038
community resources including, but not limited to, certified	37039
forensic centers, court probation departments, and community	37040
mental health ~~agencies~~services providers. All expenses of the	37041
evaluations shall be borne by the legislative authority of the	37042
municipal court, as defined in section 1901.03 of the Revised	37043
Code, and shall be taxed as costs in the case. If a defendant is	37044
found incompetent to stand trial or not guilty by reason of	37045
insanity, a municipal court may commit the defendant as provided	37046
in sections 2945.38 to 2945.402 of the Revised Code.	37047

Sec. 2945.371. (A) If the issue of a defendant's competence	37048
to stand trial is raised or if a defendant enters a plea of not	37049
guilty by reason of insanity, the court may order one or more	37050
evaluations of the defendant's present mental condition or, in the	37051
case of a plea of not guilty by reason of insanity, of the	37052
defendant's mental condition at the time of the offense charged.	37053
An examiner shall conduct the evaluation.	37054

(B) If the court orders more than one evaluation under	37055
division (A) of this section, the prosecutor and the defendant may	37056
recommend to the court an examiner whom each prefers to perform	37057
one of the evaluations. If a defendant enters a plea of not guilty	37058
by reason of insanity and if the court does not designate an	37059
examiner recommended by the defendant, the court shall inform the	37060
defendant that the defendant may have independent expert	37061
evaluation and that, if the defendant is unable to obtain	37062
independent expert evaluation, it will be obtained for the	37063
defendant at public expense if the defendant is indigent.	37064

(C) If the court orders an evaluation under division (A) of	37065
this section, the defendant shall be available at the times and	37066
places established by the examiners who are to conduct the	37067
evaluation. The court may order a defendant who has been released	37068
on bail or recognizance to submit to an evaluation under this	37069
section. If a defendant who has been released on bail or	37070
recognizance refuses to submit to a complete evaluation, the court	37071
may amend the conditions of bail or recognizance and order the	37072
sheriff to take the defendant into custody and deliver the	37073
defendant to a center, program, or facility operated or certified	37074
by the department of ~~mental health~~mental health and addiction	37075
services or the department of developmental disabilities where the	37076
defendant may be held for evaluation for a reasonable period of	37077
time not to exceed twenty days.	37078

(D) A defendant who has not been released on bail or	37079
recognizance may be evaluated at the defendant's place of	37080
detention. Upon the request of the examiner, the court may order	37081
the sheriff to transport the defendant to a program or facility	37082
operated or certified by the department of ~~mental health~~mental	37083
health and addiction services or the department of developmental	37084
disabilities, where the defendant may be held for evaluation for a	37085
reasonable period of time not to exceed twenty days, and to return	37086
the defendant to the place of detention after the evaluation. A	37087
municipal court may make an order under this division only upon	37088
the request of a certified forensic center examiner.	37089

(E) If a court orders the evaluation to determine a	37090
defendant's mental condition at the time of the offense charged,	37091
the court shall inform the examiner of the offense with which the	37092
defendant is charged.	37093

(F) In conducting an evaluation of a defendant's mental	37094
condition at the time of the offense charged, the examiner shall	37095
consider all relevant evidence. If the offense charged involves	37096
the use of force against another person, the relevant evidence to	37097
be considered includes, but is not limited to, any evidence that	37098
the defendant suffered, at the time of the commission of the	37099
offense, from the "battered woman syndrome."	37100

(G) The examiner shall file a written report with the court	37101
within thirty days after entry of a court order for evaluation,	37102
and the court shall provide copies of the report to the prosecutor	37103
and defense counsel. The report shall include all of the	37104
following:	37105

(1) The examiner's findings;

37106

(2) The facts in reasonable detail on which the findings are	37107
based;	37108

(3) If the evaluation was ordered to determine the	37109
defendant's competence to stand trial, all of the following	37110
findings or recommendations that are applicable:	37111

(a) Whether the defendant is capable of understanding the	37112
nature and objective of the proceedings against the defendant or	37113
of assisting in the defendant's defense;	37114

(b) If the examiner's opinion is that the defendant is	37115
incapable of understanding the nature and objective of the	37116
proceedings against the defendant or of assisting in the	37117
defendant's defense, whether the defendant presently is mentally	37118
ill or mentally retarded and, if the examiner's opinion is that	37119
the defendant presently is mentally retarded, whether the	37120
defendant appears to be a mentally retarded person subject to	37121
institutionalization by court order;	37122

(c) If the examiner's opinion is that the defendant is	37123
incapable of understanding the nature and objective of the	37124
proceedings against the defendant or of assisting in the	37125
defendant's defense, the examiner's opinion as to the likelihood	37126
of the defendant becoming capable of understanding the nature and	37127
objective of the proceedings against the defendant and of	37128
assisting in the defendant's defense within one year if the	37129
defendant is provided with a course of treatment;	37130

(d) If the examiner's opinion is that the defendant is	37131
incapable of understanding the nature and objective of the	37132
proceedings against the defendant or of assisting in the	37133
defendant's defense and that the defendant presently is mentally	37134
ill or mentally retarded, the examiner's recommendation as to the	37135
least restrictive placement or commitment alternative, consistent	37136
with the defendant's treatment needs for restoration to competency	37137
and with the safety of the community.	37138

(4) If the evaluation was ordered to determine the	37139
defendant's mental condition at the time of the offense charged,	37140
the examiner's findings as to whether the defendant, at the time	37141
of the offense charged, did not know, as a result of a severe	37142
mental disease or defect, the wrongfulness of the defendant's acts	37143
charged.	37144

(H) If the examiner's report filed under division (G) of this	37145
section indicates that in the examiner's opinion the defendant is	37146
incapable of understanding the nature and objective of the	37147
proceedings against the defendant or of assisting in the	37148
defendant's defense and that in the examiner's opinion the	37149
defendant appears to be a mentally retarded person subject to	37150
institutionalization by court order, the court shall order the	37151
defendant to undergo a separate mental retardation evaluation	37152
conducted by a psychologist designated by the director of	37153
developmental disabilities. Divisions (C) to (F) of this section	37154
apply in relation to a separate mental retardation evaluation	37155
conducted under this division. The psychologist appointed under	37156
this division to conduct the separate mental retardation	37157
evaluation shall file a written report with the court within	37158
thirty days after the entry of the court order requiring the	37159
separate mental retardation evaluation, and the court shall	37160
provide copies of the report to the prosecutor and defense	37161
counsel. The report shall include all of the information described	37162
in divisions (G)(1) to (4) of this section. If the court orders a	37163
separate mental retardation evaluation of a defendant under this	37164
division, the court shall not conduct a hearing under divisions	37165
(B) to (H) of section 2945.37 of the Revised Code regarding that	37166
defendant until a report of the separate mental retardation	37167
evaluation conducted under this division has been filed. Upon the	37168
filing of that report, the court shall conduct the hearing within	37169
the period of time specified in division (C) of section 2945.37 of	37170
the Revised Code.	37171

(I) An examiner appointed under divisions (A) and (B) of this	37172
section or under division (H) of this section to evaluate a	37173
defendant to determine the defendant's competence to stand trial	37174
also may be appointed to evaluate a defendant who has entered a	37175
plea of not guilty by reason of insanity, but an examiner of that	37176
nature shall prepare separate reports on the issue of competence	37177
to stand trial and the defense of not guilty by reason of	37178
insanity.	37179

(J) No statement that a defendant makes in an evaluation or	37180
hearing under divisions (A) to (H) of this section relating to the	37181
defendant's competence to stand trial or to the defendant's mental	37182
condition at the time of the offense charged shall be used against	37183
the defendant on the issue of guilt in any criminal action or	37184
proceeding, but, in a criminal action or proceeding, the	37185
prosecutor or defense counsel may call as a witness any person who	37186
evaluated the defendant or prepared a report pursuant to a	37187
referral under this section. Neither the appointment nor the	37188
testimony of an examiner appointed under this section precludes	37189
the prosecutor or defense counsel from calling other witnesses or	37190
presenting other evidence on competency or insanity issues.	37191

(K) Persons appointed as examiners under divisions (A) and	37192
(B) of this section or under division (H) of this section shall be	37193
paid a reasonable amount for their services and expenses, as	37194
certified by the court. The certified amount shall be paid by the	37195
county in the case of county courts and courts of common pleas and	37196
by the legislative authority, as defined in section 1901.03 of the	37197
Revised Code, in the case of municipal courts.	37198

Sec. 2945.38. (A) If the issue of a defendant's competence	37199
to stand trial is raised and if the court, upon conducting the	37200
hearing provided for in section 2945.37 of the Revised Code, finds	37201
that the defendant is competent to stand trial, the defendant	37202
shall be proceeded against as provided by law. If the court finds	37203
the defendant competent to stand trial and the defendant is	37204
receiving psychotropic drugs or other medication, the court may	37205
authorize the continued administration of the drugs or medication	37206
or other appropriate treatment in order to maintain the	37207
defendant's competence to stand trial, unless the defendant's	37208
attending physician advises the court against continuation of the	37209
drugs, other medication, or treatment.	37210

(B)(1)(a) If, after taking into consideration all relevant	37211
reports, information, and other evidence, the court finds that the	37212
defendant is incompetent to stand trial and that there is a	37213
substantial probability that the defendant will become competent	37214
to stand trial within one year if the defendant is provided with a	37215
course of treatment, the court shall order the defendant to	37216
undergo treatment. If the defendant has been charged with a felony	37217
offense and if, after taking into consideration all relevant	37218
reports, information, and other evidence, the court finds that the	37219
defendant is incompetent to stand trial, but the court is unable	37220
at that time to determine whether there is a substantial	37221
probability that the defendant will become competent to stand	37222
trial within one year if the defendant is provided with a course	37223
of treatment, the court shall order continuing evaluation and	37224
treatment of the defendant for a period not to exceed four months	37225
to determine whether there is a substantial probability that the	37226
defendant will become competent to stand trial within one year if	37227
the defendant is provided with a course of treatment.	37228

(b) The court order for the defendant to undergo treatment or	37229
continuing evaluation and treatment under division (B)(1)(a) of	37230
this section shall specify that the defendant, if determined to	37231
require mental health treatment or continuing evaluation and	37232
treatment, either shall be committed to the department of ~~mental~~	37233
~~health~~mental health and addiction services for treatment or	37234
continuing evaluation and treatment at a hospital, facility, or	37235
agency, as determined to be clinically appropriate by the	37236
department of ~~mental health~~mental health and addiction services	37237
or shall be committed to a facility certified by the department of	37238
~~mental health~~mental health and addiction services as being	37239
qualified to treat mental illness, to a public or community mental	37240
health facility, or to a psychiatrist or another mental health	37241
professional for treatment or continuing evaluation and treatment.	37242
Prior to placing the defendant, the department of ~~mental health~~	37243
mental health and addiction services shall obtain court approval	37244
for that placement following a hearing. The court order for the	37245
defendant to undergo treatment or continuing evaluation and	37246
treatment under division (B)(1)(a) of this section shall specify	37247
that the defendant, if determined to require treatment or	37248
continuing evaluation and treatment for mental retardation, shall	37249
receive treatment or continuing evaluation and treatment at an	37250
institution or facility operated by the department of	37251
developmental disabilities, at a facility certified by the	37252
department of developmental disabilities as being qualified to	37253
treat mental retardation, at a public or private mental	37254
retardation facility, or by a psychiatrist or another mental	37255
retardation professional. In any case, the order may restrict the	37256
defendant's freedom of movement as the court considers necessary.	37257
The prosecutor in the defendant's case shall send to the chief	37258
clinical officer of the hospital, facility, or agency where the	37259
defendant is placed by the department of ~~mental health~~mental	37260
health and addiction services, or to the managing officer of the	37261
institution, the director of the program or facility, or the	37262
person to which the defendant is committed, copies of relevant	37263
police reports and other background information that pertains to	37264
the defendant and is available to the prosecutor unless the	37265
prosecutor determines that the release of any of the information	37266
in the police reports or any of the other background information	37267
to unauthorized persons would interfere with the effective	37268
prosecution of any person or would create a substantial risk of	37269
harm to any person.	37270

In determining the place of commitment, the court shall	37271
consider the extent to which the person is a danger to the person	37272
and to others, the need for security, and the type of crime	37273
involved and shall order the least restrictive alternative	37274
available that is consistent with public safety and treatment	37275
goals. In weighing these factors, the court shall give preference	37276
to protecting public safety.	37277

(c) If the defendant is found incompetent to stand trial, if	37278
the chief clinical officer of the hospital, facility, or agency	37279
where the defendant is placed, or the managing officer of the	37280
institution, the director of the program or facility, or the	37281
person to which the defendant is committed for treatment or	37282
continuing evaluation and treatment under division (B)(1)(b) of	37283
this section determines that medication is necessary to restore	37284
the defendant's competency to stand trial, and if the defendant	37285
lacks the capacity to give informed consent or refuses medication,	37286
the chief clinical officer of the hospital, facility, or agency	37287
where the defendant is placed, or the managing officer of the	37288
institution, the director of the program or facility, or the	37289
person to which the defendant is committed for treatment or	37290
continuing evaluation and treatment may petition the court for	37291
authorization for the involuntary administration of medication.	37292
The court shall hold a hearing on the petition within five days of	37293
the filing of the petition if the petition was filed in a	37294
municipal court or a county court regarding an incompetent	37295
defendant charged with a misdemeanor or within ten days of the	37296
filing of the petition if the petition was filed in a court of	37297
common pleas regarding an incompetent defendant charged with a	37298
felony offense. Following the hearing, the court may authorize the	37299
involuntary administration of medication or may dismiss the	37300
petition.	37301

(2) If the court finds that the defendant is incompetent to	37302
stand trial and that, even if the defendant is provided with a	37303
course of treatment, there is not a substantial probability that	37304
the defendant will become competent to stand trial within one	37305
year, the court shall order the discharge of the defendant, unless	37306
upon motion of the prosecutor or on its own motion, the court	37307
either seeks to retain jurisdiction over the defendant pursuant to	37308
section 2945.39 of the Revised Code or files an affidavit in the	37309
probate court for the civil commitment of the defendant pursuant	37310
to Chapter 5122. or 5123. of the Revised Code alleging that the	37311
defendant is a mentally ill person subject to hospitalization by	37312
court order or a mentally retarded person subject to	37313
institutionalization by court order. If an affidavit is filed in	37314
the probate court, the trial court shall send to the probate court	37315
copies of all written reports of the defendant's mental condition	37316
that were prepared pursuant to section 2945.371 of the Revised	37317
Code.	37318

The trial court may issue the temporary order of detention	37319
that a probate court may issue under section 5122.11 or 5123.71 of	37320
the Revised Code, to remain in effect until the probable cause or	37321
initial hearing in the probate court. Further proceedings in the	37322
probate court are civil proceedings governed by Chapter 5122. or	37323
5123. of the Revised Code.	37324

(C) No defendant shall be required to undergo treatment,	37325
including any continuing evaluation and treatment, under division	37326
(B)(1) of this section for longer than whichever of the following	37327
periods is applicable:	37328

(1) One year, if the most serious offense with which the	37329
defendant is charged is one of the following offenses:	37330

(a) Aggravated murder, murder, or an offense of violence for	37331
which a sentence of death or life imprisonment may be imposed;	37332

(b) An offense of violence that is a felony of the first or	37333
second degree;	37334

(c) A conspiracy to commit, an attempt to commit, or	37335
complicity in the commission of an offense described in division	37336
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	37337
complicity is a felony of the first or second degree.	37338

(2) Six months, if the most serious offense with which the	37339
defendant is charged is a felony other than a felony described in	37340
division (C)(1) of this section;	37341

(3) Sixty days, if the most serious offense with which the	37342
defendant is charged is a misdemeanor of the first or second	37343
degree;	37344

(4) Thirty days, if the most serious offense with which the	37345
defendant is charged is a misdemeanor of the third or fourth	37346
degree, a minor misdemeanor, or an unclassified misdemeanor.	37347

(D) Any defendant who is committed pursuant to this section	37348
shall not voluntarily admit the defendant or be voluntarily	37349
admitted to a hospital or institution pursuant to section 5122.02,	37350
5122.15, 5123.69, or 5123.76 of the Revised Code.	37351

(E) Except as otherwise provided in this division, a	37352
defendant who is charged with an offense and is committed by the	37353
court under this section to the department of ~~mental health~~mental	37354
health and addiction services or is committed to an institution or	37355
facility for the treatment of mental retardation shall not be	37356
granted unsupervised on-grounds movement, supervised off-grounds	37357
movement, or nonsecured status except in accordance with the court	37358
order. The court may grant a defendant supervised off-grounds	37359
movement to obtain medical treatment or specialized habilitation	37360
treatment services if the person who supervises the treatment or	37361
the continuing evaluation and treatment of the defendant ordered	37362
under division (B)(1)(a) of this section informs the court that	37363
the treatment or continuing evaluation and treatment cannot be	37364
provided at the hospital or facility where the defendant is placed	37365
by the department of ~~mental health~~mental health and addiction	37366
services or the institution or facility to which the defendant is	37367
committed. The chief clinical officer of the hospital or facility	37368
where the defendant is placed by the department of ~~mental health~~	37369
mental health and addiction services or the managing officer of	37370
the institution or director of the facility to which the defendant	37371
is committed, or a designee of any of those persons, may grant a	37372
defendant movement to a medical facility for an emergency medical	37373
situation with appropriate supervision to ensure the safety of the	37374
defendant, staff, and community during that emergency medical	37375
situation. The chief clinical officer of the hospital or facility	37376
where the defendant is placed by the department of ~~mental health~~	37377
mental health and addiction services or the managing officer of	37378
the institution or director of the facility to which the defendant	37379
is committed shall notify the court within twenty-four hours of	37380
the defendant's movement to the medical facility for an emergency	37381
medical situation under this division.	37382

(F) The person who supervises the treatment or continuing	37383
evaluation and treatment of a defendant ordered to undergo	37384
treatment or continuing evaluation and treatment under division	37385
(B)(1)(a) of this section shall file a written report with the	37386
court at the following times:	37387

(1) Whenever the person believes the defendant is capable of	37388
understanding the nature and objective of the proceedings against	37389
the defendant and of assisting in the defendant's defense;	37390

(2) For a felony offense, fourteen days before expiration of	37391
the maximum time for treatment as specified in division (C) of	37392
this section and fourteen days before the expiration of the	37393
maximum time for continuing evaluation and treatment as specified	37394
in division (B)(1)(a) of this section, and, for a misdemeanor	37395
offense, ten days before the expiration of the maximum time for	37396
treatment, as specified in division (C) of this section;	37397

(3) At a minimum, after each six months of treatment;

37398

(4) Whenever the person who supervises the treatment or	37399
continuing evaluation and treatment of a defendant ordered under	37400
division (B)(1)(a) of this section believes that there is not a	37401
substantial probability that the defendant will become capable of	37402
understanding the nature and objective of the proceedings against	37403
the defendant or of assisting in the defendant's defense even if	37404
the defendant is provided with a course of treatment.	37405

(G) A report under division (F) of this section shall contain	37406
the examiner's findings, the facts in reasonable detail on which	37407
the findings are based, and the examiner's opinion as to the	37408
defendant's capability of understanding the nature and objective	37409
of the proceedings against the defendant and of assisting in the	37410
defendant's defense. If, in the examiner's opinion, the defendant	37411
remains incapable of understanding the nature and objective of the	37412
proceedings against the defendant and of assisting in the	37413
defendant's defense and there is a substantial probability that	37414
the defendant will become capable of understanding the nature and	37415
objective of the proceedings against the defendant and of	37416
assisting in the defendant's defense if the defendant is provided	37417
with a course of treatment, if in the examiner's opinion the	37418
defendant remains mentally ill or mentally retarded, and if the	37419
maximum time for treatment as specified in division (C) of this	37420
section has not expired, the report also shall contain the	37421
examiner's recommendation as to the least restrictive placement or	37422
commitment alternative that is consistent with the defendant's	37423
treatment needs for restoration to competency and with the safety	37424
of the community. The court shall provide copies of the report to	37425
the prosecutor and defense counsel.	37426

(H) If a defendant is committed pursuant to division (B)(1)	37427
of this section, within ten days after the treating physician of	37428
the defendant or the examiner of the defendant who is employed or	37429
retained by the treating facility advises that there is not a	37430
substantial probability that the defendant will become capable of	37431
understanding the nature and objective of the proceedings against	37432
the defendant or of assisting in the defendant's defense even if	37433
the defendant is provided with a course of treatment, within ten	37434
days after the expiration of the maximum time for treatment as	37435
specified in division (C) of this section, within ten days after	37436
the expiration of the maximum time for continuing evaluation and	37437
treatment as specified in division (B)(1)(a) of this section,	37438
within thirty days after a defendant's request for a hearing that	37439
is made after six months of treatment, or within thirty days after	37440
being advised by the treating physician or examiner that the	37441
defendant is competent to stand trial, whichever is the earliest,	37442
the court shall conduct another hearing to determine if the	37443
defendant is competent to stand trial and shall do whichever of	37444
the following is applicable:	37445

(1) If the court finds that the defendant is competent to	37446
stand trial, the defendant shall be proceeded against as provided	37447
by law.	37448

(2) If the court finds that the defendant is incompetent to	37449
stand trial, but that there is a substantial probability that the	37450
defendant will become competent to stand trial if the defendant is	37451
provided with a course of treatment, and the maximum time for	37452
treatment as specified in division (C) of this section has not	37453
expired, the court, after consideration of the examiner's	37454
recommendation, shall order that treatment be continued, may	37455
change the facility or program at which the treatment is to be	37456
continued, and shall specify whether the treatment is to be	37457
continued at the same or a different facility or program.	37458

(3) If the court finds that the defendant is incompetent to	37459
stand trial, if the defendant is charged with an offense listed in	37460
division (C)(1) of this section, and if the court finds that there	37461
is not a substantial probability that the defendant will become	37462
competent to stand trial even if the defendant is provided with a	37463
course of treatment, or if the maximum time for treatment relative	37464
to that offense as specified in division (C) of this section has	37465
expired, further proceedings shall be as provided in sections	37466
2945.39, 2945.401, and 2945.402 of the Revised Code.	37467

(4) If the court finds that the defendant is incompetent to	37468
stand trial, if the most serious offense with which the defendant	37469
is charged is a misdemeanor or a felony other than a felony listed	37470
in division (C)(1) of this section, and if the court finds that	37471
there is not a substantial probability that the defendant will	37472
become competent to stand trial even if the defendant is provided	37473
with a course of treatment, or if the maximum time for treatment	37474
relative to that offense as specified in division (C) of this	37475
section has expired, the court shall dismiss the indictment,	37476
information, or complaint against the defendant. A dismissal under	37477
this division is not a bar to further prosecution based on the	37478
same conduct. The court shall discharge the defendant unless the	37479
court or prosecutor files an affidavit in probate court for civil	37480
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	37481
If an affidavit for civil commitment is filed, the court may	37482
detain the defendant for ten days pending civil commitment. All of	37483
the following provisions apply to persons charged with a	37484
misdemeanor or a felony other than a felony listed in division	37485
(C)(1) of this section who are committed by the probate court	37486
subsequent to the court's or prosecutor's filing of an affidavit	37487
for civil commitment under authority of this division:	37488

(a) The chief clinical officer of the entity, hospital, or	37489
facility, the managing officer of the institution, the director of	37490
the program, or the person to which the defendant is committed or	37491
admitted shall do all of the following:	37492

(i) Notify the prosecutor, in writing, of the discharge of	37493
the defendant, send the notice at least ten days prior to the	37494
discharge unless the discharge is by the probate court, and state	37495
in the notice the date on which the defendant will be discharged;	37496

(ii) Notify the prosecutor, in writing, when the defendant is	37497
absent without leave or is granted unsupervised, off-grounds	37498
movement, and send this notice promptly after the discovery of the	37499
absence without leave or prior to the granting of the	37500
unsupervised, off-grounds movement, whichever is applicable;	37501

(iii) Notify the prosecutor, in writing, of the change of the	37502
defendant's commitment or admission to voluntary status, send the	37503
notice promptly upon learning of the change to voluntary status,	37504
and state in the notice the date on which the defendant was	37505
committed or admitted on a voluntary status.	37506

(b) Upon receiving notice that the defendant will be granted	37507
unsupervised, off-grounds movement, the prosecutor either shall	37508
re-indict the defendant or promptly notify the court that the	37509
prosecutor does not intend to prosecute the charges against the	37510
defendant.	37511

(I) If a defendant is convicted of a crime and sentenced to a	37512
jail or workhouse, the defendant's sentence shall be reduced by	37513
the total number of days the defendant is confined for evaluation	37514
to determine the defendant's competence to stand trial or	37515
treatment under this section and sections 2945.37 and 2945.371 of	37516
the Revised Code or by the total number of days the defendant is	37517
confined for evaluation to determine the defendant's mental	37518
condition at the time of the offense charged.	37519

Sec. 2945.39. (A) If a defendant who is charged with an	37520
offense described in division (C)(1) of section 2945.38 of the	37521
Revised Code is found incompetent to stand trial, after the	37522
expiration of the maximum time for treatment as specified in	37523
division (C) of that section or after the court finds that there	37524
is not a substantial probability that the defendant will become	37525
competent to stand trial even if the defendant is provided with a	37526
course of treatment, one of the following applies:	37527

(1) The court or the prosecutor may file an affidavit in	37528
probate court for civil commitment of the defendant in the manner	37529
provided in Chapter 5122. or 5123. of the Revised Code. If the	37530
court or prosecutor files an affidavit for civil commitment, the	37531
court may detain the defendant for ten days pending civil	37532
commitment. If the probate court commits the defendant subsequent	37533
to the court's or prosecutor's filing of an affidavit for civil	37534
commitment, the chief clinical officer of the entity, hospital, or	37535
facility, the managing officer of the institution, the director of	37536
the program, or the person to which the defendant is committed or	37537
admitted shall send to the prosecutor the notices described in	37538
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	37539
Code within the periods of time and under the circumstances	37540
specified in those divisions.	37541

(2) On the motion of the prosecutor or on its own motion, the	37542
court may retain jurisdiction over the defendant if, at a hearing,	37543
the court finds both of the following by clear and convincing	37544
evidence:	37545

(a) The defendant committed the offense with which the	37546
defendant is charged.	37547

(b) The defendant is a mentally ill person subject to	37548
hospitalization by court order or a mentally retarded person	37549
subject to institutionalization by court order.	37550

(B) In making its determination under division (A)(2) of this	37551
section as to whether to retain jurisdiction over the defendant,	37552
the court may consider all relevant evidence, including, but not	37553
limited to, any relevant psychiatric, psychological, or medical	37554
testimony or reports, the acts constituting the offense charged,	37555
and any history of the defendant that is relevant to the	37556
defendant's ability to conform to the law.	37557

(C) If the court conducts a hearing as described in division	37558
(A)(2) of this section and if the court does not make both	37559
findings described in divisions (A)(2)(a) and (b) of this section	37560
by clear and convincing evidence, the court shall dismiss the	37561
indictment, information, or complaint against the defendant. Upon	37562
the dismissal, the court shall discharge the defendant unless the	37563
court or prosecutor files an affidavit in probate court for civil	37564
commitment of the defendant pursuant to Chapter 5122. or 5123. of	37565
the Revised Code. If the court or prosecutor files an affidavit	37566
for civil commitment, the court may order that the defendant be	37567
detained for up to ten days pending the civil commitment. If the	37568
probate court commits the defendant subsequent to the court's or	37569
prosecutor's filing of an affidavit for civil commitment, the	37570
chief clinical officer of the entity, hospital, or facility, the	37571
managing officer of the institution, the director of the program,	37572
or the person to which the defendant is committed or admitted	37573
shall send to the prosecutor the notices described in divisions	37574
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	37575
within the periods of time and under the circumstances specified	37576
in those divisions. A dismissal of charges under this division is	37577
not a bar to further criminal proceedings based on the same	37578
conduct.	37579

(D)(1) If the court conducts a hearing as described in	37580
division (A)(2) of this section and if the court makes the	37581
findings described in divisions (A)(2)(a) and (b) of this section	37582
by clear and convincing evidence, the court shall commit the	37583
defendant, if determined to require mental health treatment,	37584
either to the department of ~~mental health~~mental health and	37585
addiction services for treatment at a hospital, facility, or	37586
agency as determined clinically appropriate by the department of	37587
~~mental health~~mental health and addiction services or to another	37588
medical or psychiatric facility, as appropriate. Prior to placing	37589
the defendant, the department of ~~mental health~~mental health and	37590
addiction services shall obtain court approval for that placement.	37591
If the court conducts such a hearing and if it makes those	37592
findings by clear and convincing evidence, the court shall commit	37593
the defendant, if determined to require treatment for mental	37594
retardation, to a facility operated by the department of	37595
developmental disabilities, or another facility, as appropriate.	37596
In determining the place of commitment, the court shall consider	37597
the extent to which the person is a danger to the person and to	37598
others, the need for security, and the type of crime involved and	37599
shall order the least restrictive alternative available that is	37600
consistent with public safety and the welfare of the defendant. In	37601
weighing these factors, the court shall give preference to	37602
protecting public safety.	37603

(2) If a court makes a commitment of a defendant under	37604
division (D)(1) of this section, the prosecutor shall send to the	37605
hospital, facility, or agency where the defendant is placed by the	37606
department of ~~mental health~~mental health and addiction services	37607
or to the defendant's place of commitment all reports of the	37608
defendant's current mental condition and, except as otherwise	37609
provided in this division, any other relevant information,	37610
including, but not limited to, a transcript of the hearing held	37611
pursuant to division (A)(2) of this section, copies of relevant	37612
police reports, and copies of any prior arrest and conviction	37613
records that pertain to the defendant and that the prosecutor	37614
possesses. The prosecutor shall send the reports of the	37615
defendant's current mental condition in every case of commitment,	37616
and, unless the prosecutor determines that the release of any of	37617
the other relevant information to unauthorized persons would	37618
interfere with the effective prosecution of any person or would	37619
create a substantial risk of harm to any person, the prosecutor	37620
also shall send the other relevant information. Upon admission of	37621
a defendant committed under division (D)(1) of this section, the	37622
place of commitment shall send to the board of alcohol, drug	37623
addiction, and mental health services or the community mental	37624
health board serving the county in which the charges against the	37625
defendant were filed a copy of all reports of the defendant's	37626
current mental condition and a copy of the other relevant	37627
information provided by the prosecutor under this division,	37628
including, if provided, a transcript of the hearing held pursuant	37629
to division (A)(2) of this section, the relevant police reports,	37630
and the prior arrest and conviction records that pertain to the	37631
defendant and that the prosecutor possesses.	37632

(3) If a court makes a commitment under division (D)(1) of	37633
this section, all further proceedings shall be in accordance with	37634
sections 2945.401 and 2945.402 of the Revised Code.	37635

Sec. 2945.40. (A) If a person is found not guilty by reason	37636
of insanity, the verdict shall state that finding, and the trial	37637
court shall conduct a full hearing to determine whether the person	37638
is a mentally ill person subject to hospitalization by court order	37639
or a mentally retarded person subject to institutionalization by	37640
court order. Prior to the hearing, if the trial judge believes	37641
that there is probable cause that the person found not guilty by	37642
reason of insanity is a mentally ill person subject to	37643
hospitalization by court order or mentally retarded person subject	37644
to institutionalization by court order, the trial judge may issue	37645
a temporary order of detention for that person to remain in effect	37646
for ten court days or until the hearing, whichever occurs first.	37647

Any person detained pursuant to a temporary order of	37648
detention issued under this division shall be held in a suitable	37649
facility, taking into consideration the place and type of	37650
confinement prior to and during trial.	37651

(B) The court shall hold the hearing under division (A) of	37652
this section to determine whether the person found not guilty by	37653
reason of insanity is a mentally ill person subject to	37654
hospitalization by court order or a mentally retarded person	37655
subject to institutionalization by court order within ten court	37656
days after the finding of not guilty by reason of insanity.	37657
Failure to conduct the hearing within the ten-day period shall	37658
cause the immediate discharge of the respondent, unless the judge	37659
grants a continuance for not longer than ten court days for good	37660
cause shown or for any period of time upon motion of the	37661
respondent.	37662

(C) If a person is found not guilty by reason of insanity,	37663
the person has the right to attend all hearings conducted pursuant	37664
to sections 2945.37 to 2945.402 of the Revised Code. At any	37665
hearing conducted pursuant to one of those sections, the court	37666
shall inform the person that the person has all of the following	37667
rights:	37668

(1) The right to be represented by counsel and to have that	37669
counsel provided at public expense if the person is indigent, with	37670
the counsel to be appointed by the court under Chapter 120. of the	37671
Revised Code or under the authority recognized in division (C) of	37672
section 120.06, division (E) of section 120.16, division (E) of	37673
section 120.26, or section 2941.51 of the Revised Code;	37674

(2) The right to have independent expert evaluation and to	37675
have that independent expert evaluation provided at public expense	37676
if the person is indigent;	37677

(3) The right to subpoena witnesses and documents, to present	37678
evidence on the person's behalf, and to cross-examine witnesses	37679
against the person;	37680

(4) The right to testify in the person's own behalf and to	37681
not be compelled to testify;	37682

(5) The right to have copies of any relevant medical or	37683
mental health document in the custody of the state or of any place	37684
of commitment other than a document for which the court finds that	37685
the release to the person of information contained in the document	37686
would create a substantial risk of harm to any person.	37687

(D) The hearing under division (A) of this section shall be	37688
open to the public, and the court shall conduct the hearing in	37689
accordance with the Rules of Civil Procedure. The court shall make	37690
and maintain a full transcript and record of the hearing	37691
proceedings. The court may consider all relevant evidence,	37692
including, but not limited to, any relevant psychiatric,	37693
psychological, or medical testimony or reports, the acts	37694
constituting the offense in relation to which the person was found	37695
not guilty by reason of insanity, and any history of the person	37696
that is relevant to the person's ability to conform to the law.	37697

(E) Upon completion of the hearing under division (A) of this	37698
section, if the court finds there is not clear and convincing	37699
evidence that the person is a mentally ill person subject to	37700
hospitalization by court order or a mentally retarded person	37701
subject to institutionalization by court order, the court shall	37702
discharge the person, unless a detainer has been placed upon the	37703
person by the department of rehabilitation and correction, in	37704
which case the person shall be returned to that department.	37705

(F) If, at the hearing under division (A) of this section,	37706
the court finds by clear and convincing evidence that the person	37707
is a mentally ill person subject to hospitalization by court	37708
order, the court shall commit the person either to the department	37709
of ~~mental health~~mental health and addiction services for	37710
treatment in a hospital, facility, or agency as determined	37711
clinically appropriate by the department of ~~mental health~~mental	37712
health and addiction services or to another medical or psychiatric	37713
facility, as appropriate. Prior to placing the defendant, the	37714
department of ~~mental health~~mental health and addiction services	37715
shall obtain court approval for that placement. If, at the hearing	37716
under division (A) of this section, the court determines by clear	37717
and convincing evidence that the person requires treatment for	37718
mental retardation, it shall commit the person to a facility	37719
operated by the department of developmental disabilities or	37720
another facility, as appropriate. Further proceedings shall be in	37721
accordance with sections 2945.401 and 2945.402 of the Revised	37722
Code. In determining the place of commitment, the court shall	37723
consider the extent to which the person is a danger to the person	37724
and to others, the need for security, and the type of crime	37725
involved and shall order the least restrictive alternative	37726
available that is consistent with public safety and the welfare of	37727
the person. In weighing these factors, the court shall give	37728
preference to protecting public safety.	37729

(G) If a court makes a commitment of a person under division	37730
(F) of this section, the prosecutor shall send to the hospital,	37731
facility, or agency where the person is placed by the department	37732
of ~~mental health~~mental health and addiction services or to the	37733
defendant's place of commitment all reports of the person's	37734
current mental condition, and, except as otherwise provided in	37735
this division, any other relevant information, including, but not	37736
limited to, a transcript of the hearing held pursuant to division	37737
(A) of this section, copies of relevant police reports, and copies	37738
of any prior arrest and conviction records that pertain to the	37739
person and that the prosecutor possesses. The prosecutor shall	37740
send the reports of the person's current mental condition in every	37741
case of commitment, and, unless the prosecutor determines that the	37742
release of any of the other relevant information to unauthorized	37743
persons would interfere with the effective prosecution of any	37744
person or would create a substantial risk of harm to any person,	37745
the prosecutor also shall send the other relevant information.	37746
Upon admission of a person committed under division (F) of this	37747
section, the place of commitment shall send to the board of	37748
alcohol, drug addiction, and mental health services or the	37749
community mental health board serving the county in which the	37750
charges against the person were filed a copy of all reports of the	37751
person's current mental condition and a copy of the other relevant	37752
information provided by the prosecutor under this division,	37753
including, if provided, a transcript of the hearing held pursuant	37754
to division (A) of this section, the relevant police reports, and	37755
the prior arrest and conviction records that pertain to the person	37756
and that the prosecutor possesses.	37757

(H) A person who is committed pursuant to this section shall	37758
not voluntarily admit the person or be voluntarily admitted to a	37759
hospital or institution pursuant to section 5122.02, 5122.15,	37760
5123.69, or 5123.76 of the Revised Code.	37761

Sec. 2945.401. (A) A defendant found incompetent to stand	37762
trial and committed pursuant to section 2945.39 of the Revised	37763
Code or a person found not guilty by reason of insanity and	37764
committed pursuant to section 2945.40 of the Revised Code shall	37765
remain subject to the jurisdiction of the trial court pursuant to	37766
that commitment, and to the provisions of this section, until the	37767
final termination of the commitment as described in division	37768
(J)(1) of this section. If the jurisdiction is terminated under	37769
this division because of the final termination of the commitment	37770
resulting from the expiration of the maximum prison term or term	37771
of imprisonment described in division (J)(1)(b) of this section,	37772
the court or prosecutor may file an affidavit for the civil	37773
commitment of the defendant or person pursuant to Chapter 5122. or	37774
5123. of the Revised Code.	37775

(B) A hearing conducted under any provision of sections	37776
2945.37 to 2945.402 of the Revised Code shall not be conducted in	37777
accordance with Chapters 5122. and 5123. of the Revised Code. Any	37778
person who is committed pursuant to section 2945.39 or 2945.40 of	37779
the Revised Code shall not voluntarily admit the person or be	37780
voluntarily admitted to a hospital or institution pursuant to	37781
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	37782
All other provisions of Chapters 5122. and 5123. of the Revised	37783
Code regarding hospitalization or institutionalization shall apply	37784
to the extent they are not in conflict with this chapter. A	37785
commitment under section 2945.39 or 2945.40 of the Revised Code	37786
shall not be terminated and the conditions of the commitment shall	37787
not be changed except as otherwise provided in division (D)(2) of	37788
this section with respect to a mentally retarded person subject to	37789
institutionalization by court order or except by order of the	37790
trial court.	37791

(C) The department of ~~mental health~~mental health and	37792
addiction services or the institution, facility, or program to	37793
which a defendant or person has been committed under section	37794
2945.39 or 2945.40 of the Revised Code shall report in writing to	37795
the trial court, at the times specified in this division, as to	37796
whether the defendant or person remains a mentally ill person	37797
subject to hospitalization by court order or a mentally retarded	37798
person subject to institutionalization by court order and, in the	37799
case of a defendant committed under section 2945.39 of the Revised	37800
Code, as to whether the defendant remains incompetent to stand	37801
trial. The department, institution, facility, or program shall	37802
make the reports after the initial six months of treatment and	37803
every two years after the initial report is made. The trial court	37804
shall provide copies of the reports to the prosecutor and to the	37805
counsel for the defendant or person. Within thirty days after its	37806
receipt pursuant to this division of a report from the department,	37807
institution, facility, or program, the trial court shall hold a	37808
hearing on the continued commitment of the defendant or person or	37809
on any changes in the conditions of the commitment of the	37810
defendant or person. The defendant or person may request a change	37811
in the conditions of confinement, and the trial court shall	37812
conduct a hearing on that request if six months or more have	37813
elapsed since the most recent hearing was conducted under this	37814
section.	37815

(D)(1) Except as otherwise provided in division (D)(2) of	37816
this section, when a defendant or person has been committed under	37817
section 2945.39 or 2945.40 of the Revised Code, at any time after	37818
evaluating the risks to public safety and the welfare of the	37819
defendant or person, the designee of the department of ~~mental~~	37820
~~health~~mental health and addiction services or the managing	37821
officer of the institution or director of the facility or program	37822
to which the defendant or person is committed may recommend a	37823
termination of the defendant's or person's commitment or a change	37824
in the conditions of the defendant's or person's commitment.	37825

Except as otherwise provided in division (D)(2) of this	37826
section, if the designee of the department of ~~mental health~~mental	37827
health and addiction services recommends on-grounds unsupervised	37828
movement, off-grounds supervised movement, or nonsecured status	37829
for the defendant or person or termination of the defendant's or	37830
person's commitment, the following provisions apply:	37831

(a) If the department's designee recommends on-grounds	37832
unsupervised movement or off-grounds supervised movement, the	37833
department's designee shall file with the trial court an	37834
application for approval of the movement and shall send a copy of	37835
the application to the prosecutor. Within fifteen days after	37836
receiving the application, the prosecutor may request a hearing on	37837
the application and, if a hearing is requested, shall so inform	37838
the department's designee. If the prosecutor does not request a	37839
hearing within the fifteen-day period, the trial court shall	37840
approve the application by entering its order approving the	37841
requested movement or, within five days after the expiration of	37842
the fifteen-day period, shall set a date for a hearing on the	37843
application. If the prosecutor requests a hearing on the	37844
application within the fifteen-day period, the trial court shall	37845
hold a hearing on the application within thirty days after the	37846
hearing is requested. If the trial court, within five days after	37847
the expiration of the fifteen-day period, sets a date for a	37848
hearing on the application, the trial court shall hold the hearing	37849
within thirty days after setting the hearing date. At least	37850
fifteen days before any hearing is held under this division, the	37851
trial court shall give the prosecutor written notice of the date,	37852
time, and place of the hearing. At the conclusion of each hearing	37853
conducted under this division, the trial court either shall	37854
approve or disapprove the application and shall enter its order	37855
accordingly.	37856

(b) If the department's designee recommends termination of	37857
the defendant's or person's commitment at any time or if the	37858
department's designee recommends the first of any nonsecured	37859
status for the defendant or person, the department's designee	37860
shall send written notice of this recommendation to the trial	37861
court and to the local forensic center. The local forensic center	37862
shall evaluate the committed defendant or person and, within	37863
thirty days after its receipt of the written notice, shall submit	37864
to the trial court and the department's designee a written report	37865
of the evaluation. The trial court shall provide a copy of the	37866
department's designee's written notice and of the local forensic	37867
center's written report to the prosecutor and to the counsel for	37868
the defendant or person. Upon the local forensic center's	37869
submission of the report to the trial court and the department's	37870
designee, all of the following apply:	37871

(i) If the forensic center disagrees with the recommendation	37872
of the department's designee, it shall inform the department's	37873
designee and the trial court of its decision and the reasons for	37874
the decision. The department's designee, after consideration of	37875
the forensic center's decision, shall either withdraw, proceed	37876
with, or modify and proceed with the recommendation. If the	37877
department's designee proceeds with, or modifies and proceeds	37878
with, the recommendation, the department's designee shall proceed	37879
in accordance with division (D)(1)(b)(iii) of this section.	37880

(ii) If the forensic center agrees with the recommendation of	37881
the department's designee, it shall inform the department's	37882
designee and the trial court of its decision and the reasons for	37883
the decision, and the department's designee shall proceed in	37884
accordance with division (D)(1)(b)(iii) of this section.	37885

(iii) If the forensic center disagrees with the	37886
recommendation of the department's designee and the department's	37887
designee proceeds with, or modifies and proceeds with, the	37888
recommendation or if the forensic center agrees with the	37889
recommendation of the department's designee, the department's	37890
designee shall work with community mental health ~~agencies~~services	37891
providers, programs, facilities, or boards of alcohol, drug	37892
addiction, and mental health services or community mental health	37893
boards to develop a plan to implement the recommendation. If the	37894
defendant or person is on medication, the plan shall include, but	37895
shall not be limited to, a system to monitor the defendant's or	37896
person's compliance with the prescribed medication treatment plan.	37897
The system shall include a schedule that clearly states when the	37898
defendant or person shall report for a medication compliance	37899
check. The medication compliance checks shall be based upon the	37900
effective duration of the prescribed medication, taking into	37901
account the route by which it is taken, and shall be scheduled at	37902
intervals sufficiently close together to detect a potential	37903
increase in mental illness symptoms that the medication is	37904
intended to prevent.	37905

The department's designee, after consultation with the board	37906
of alcohol, drug addiction, and mental health services or the	37907
community mental health board serving the area, shall send the	37908
recommendation and plan developed under division (D)(1)(b)(iii) of	37909
this section, in writing, to the trial court, the prosecutor, and	37910
the counsel for the committed defendant or person. The trial court	37911
shall conduct a hearing on the recommendation and plan developed	37912
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	37913
and (d) and (E) to (J) of this section apply regarding the	37914
hearing.	37915

(c) If the department's designee's recommendation is for	37916
nonsecured status or termination of commitment, the prosecutor may	37917
obtain an independent expert evaluation of the defendant's or	37918
person's mental condition, and the trial court may continue the	37919
hearing on the recommendation for a period of not more than thirty	37920
days to permit time for the evaluation.	37921

The prosecutor may introduce the evaluation report or present	37922
other evidence at the hearing in accordance with the Rules of	37923
Evidence.	37924

(d) The trial court shall schedule the hearing on a	37925
department's designee's recommendation for nonsecured status or	37926
termination of commitment and shall give reasonable notice to the	37927
prosecutor and the counsel for the defendant or person. Unless	37928
continued for independent evaluation at the prosecutor's request	37929
or for other good cause, the hearing shall be held within thirty	37930
days after the trial court's receipt of the recommendation and	37931
plan.	37932

(2)(a) Division (D)(1) of this section does not apply to	37933
on-grounds unsupervised movement of a defendant or person who has	37934
been committed under section 2945.39 or 2945.40 of the Revised	37935
Code, who is a mentally retarded person subject to	37936
institutionalization by court order, and who is being provided	37937
residential habilitation, care, and treatment in a facility	37938
operated by the department of developmental disabilities.	37939

(b) If, pursuant to section 2945.39 of the Revised Code, the	37940
trial court commits a defendant who is found incompetent to stand	37941
trial and who is a mentally retarded person subject to	37942
institutionalization by court order, if the defendant is being	37943
provided residential habilitation, care, and treatment in a	37944
facility operated by the department of developmental disabilities,	37945
if an individual who is conducting a survey for the department of	37946
health to determine the facility's compliance with the	37947
certification requirements of the medicaid program ~~under Chapter~~	37948
~~5111. of the Revised Code and Title XIX of the "Social Security~~	37949
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ cites the	37950
defendant's receipt of the residential habilitation, care, and	37951
treatment in the facility as being inappropriate under the	37952
certification requirements, if the defendant's receipt of the	37953
residential habilitation, care, and treatment in the facility	37954
potentially jeopardizes the facility's continued receipt of	37955
federal medicaid moneys, and if as a result of the citation the	37956
chief clinical officer of the facility determines that the	37957
conditions of the defendant's commitment should be changed, the	37958
department of developmental disabilities may cause the defendant	37959
to be removed from the particular facility and, after evaluating	37960
the risks to public safety and the welfare of the defendant and	37961
after determining whether another type of placement is consistent	37962
with the certification requirements, may place the defendant in	37963
another facility that the department selects as an appropriate	37964
facility for the defendant's continued receipt of residential	37965
habilitation, care, and treatment and that is a no less secure	37966
setting than the facility in which the defendant had been placed	37967
at the time of the citation. Within three days after the	37968
defendant's removal and alternative placement under the	37969
circumstances described in division (D)(2)(b) of this section, the	37970
department of developmental disabilities shall notify the trial	37971
court and the prosecutor in writing of the removal and alternative	37972
placement.	37973

The trial court shall set a date for a hearing on the removal	37974
and alternative placement, and the hearing shall be held within	37975
twenty-one days after the trial court's receipt of the notice from	37976
the department of developmental disabilities. At least ten days	37977
before the hearing is held, the trial court shall give the	37978
prosecutor, the department of developmental disabilities, and the	37979
counsel for the defendant written notice of the date, time, and	37980
place of the hearing. At the hearing, the trial court shall	37981
consider the citation issued by the individual who conducted the	37982
survey for the department of health to be prima-facie evidence of	37983
the fact that the defendant's commitment to the particular	37984
facility was inappropriate under the certification requirements of	37985
the medicaid program ~~under Chapter 5111. of the Revised Code and~~	37986
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	37987
~~U.S.C.A. 301, as amended,~~ and potentially jeopardizes the	37988
particular facility's continued receipt of federal medicaid	37989
moneys. At the conclusion of the hearing, the trial court may	37990
approve or disapprove the defendant's removal and alternative	37991
placement. If the trial court approves the defendant's removal and	37992
alternative placement, the department of developmental	37993
disabilities may continue the defendant's alternative placement.	37994
If the trial court disapproves the defendant's removal and	37995
alternative placement, it shall enter an order modifying the	37996
defendant's removal and alternative placement, but that order	37997
shall not require the department of developmental disabilities to	37998
replace the defendant for purposes of continued residential	37999
habilitation, care, and treatment in the facility associated with	38000
the citation issued by the individual who conducted the survey for	38001
the department of health.	38002

(E) In making a determination under this section regarding	38003
nonsecured status or termination of commitment, the trial court	38004
shall consider all relevant factors, including, but not limited	38005
to, all of the following:	38006

(1) Whether, in the trial court's view, the defendant or	38007
person currently represents a substantial risk of physical harm to	38008
the defendant or person or others;	38009

(2) Psychiatric and medical testimony as to the current	38010
mental and physical condition of the defendant or person;	38011

(3) Whether the defendant or person has insight into the	38012
defendant's or person's condition so that the defendant or person	38013
will continue treatment as prescribed or seek professional	38014
assistance as needed;	38015

(4) The grounds upon which the state relies for the proposed	38016
commitment;	38017

(5) Any past history that is relevant to establish the	38018
defendant's or person's degree of conformity to the laws, rules,	38019
regulations, and values of society;	38020

(6) If there is evidence that the defendant's or person's	38021
mental illness is in a state of remission, the medically suggested	38022
cause and degree of the remission and the probability that the	38023
defendant or person will continue treatment to maintain the	38024
remissive state of the defendant's or person's illness should the	38025
defendant's or person's commitment conditions be altered.	38026

(F) At any hearing held pursuant to division (C) or (D)(1) or	38027
(2) of this section, the defendant or the person shall have all	38028
the rights of a defendant or person at a commitment hearing as	38029
described in section 2945.40 of the Revised Code.	38030

(G) In a hearing held pursuant to division (C) or (D)(1) of	38031
this section, the prosecutor has the burden of proof as follows:	38032

(1) For a recommendation of termination of commitment, to	38033
show by clear and convincing evidence that the defendant or person	38034
remains a mentally ill person subject to hospitalization by court	38035
order or a mentally retarded person subject to	38036
institutionalization by court order;	38037

(2) For a recommendation for a change in the conditions of	38038
the commitment to a less restrictive status, to show by clear and	38039
convincing evidence that the proposed change represents a threat	38040
to public safety or a threat to the safety of any person.	38041

(H) In a hearing held pursuant to division (C) or (D)(1) or	38042
(2) of this section, the prosecutor shall represent the state or	38043
the public interest.	38044

(I) At the conclusion of a hearing conducted under division	38045
(D)(1) of this section regarding a recommendation from the	38046
designee of the department of ~~mental health~~mental health and	38047
addiction services, managing officer of the institution, or	38048
director of a facility or program, the trial court may approve,	38049
disapprove, or modify the recommendation and shall enter an order	38050
accordingly.	38051

(J)(1) A defendant or person who has been committed pursuant	38052
to section 2945.39 or 2945.40 of the Revised Code continues to be	38053
under the jurisdiction of the trial court until the final	38054
termination of the commitment. For purposes of division (J) of	38055
this section, the final termination of a commitment occurs upon	38056
the earlier of one of the following:	38057

(a) The defendant or person no longer is a mentally ill	38058
person subject to hospitalization by court order or a mentally	38059
retarded person subject to institutionalization by court order, as	38060
determined by the trial court;	38061

(b) The expiration of the maximum prison term or term of	38062
imprisonment that the defendant or person could have received if	38063
the defendant or person had been convicted of the most serious	38064
offense with which the defendant or person is charged or in	38065
relation to which the defendant or person was found not guilty by	38066
reason of insanity;	38067

(c) The trial court enters an order terminating the	38068
commitment under the circumstances described in division	38069
(J)(2)(a)(ii) of this section.	38070

(2)(a) If a defendant is found incompetent to stand trial and	38071
committed pursuant to section 2945.39 of the Revised Code, if	38072
neither of the circumstances described in divisions (J)(1)(a) and	38073
(b) of this section applies to that defendant, and if a report	38074
filed with the trial court pursuant to division (C) of this	38075
section indicates that the defendant presently is competent to	38076
stand trial or if, at any other time during the period of the	38077
defendant's commitment, the prosecutor, the counsel for the	38078
defendant, or the designee of the department of ~~mental health~~	38079
mental health and addiction services or the managing officer of	38080
the institution or director of the facility or program to which	38081
the defendant is committed files an application with the trial	38082
court alleging that the defendant presently is competent to stand	38083
trial and requesting a hearing on the competency issue or the	38084
trial court otherwise has reasonable cause to believe that the	38085
defendant presently is competent to stand trial and determines on	38086
its own motion to hold a hearing on the competency issue, the	38087
trial court shall schedule a hearing on the competency of the	38088
defendant to stand trial, shall give the prosecutor, the counsel	38089
for the defendant, and the department's designee or the managing	38090
officer of the institution or the director of the facility to	38091
which the defendant is committed notice of the date, time, and	38092
place of the hearing at least fifteen days before the hearing, and	38093
shall conduct the hearing within thirty days of the filing of the	38094
application or of its own motion. If, at the conclusion of the	38095
hearing, the trial court determines that the defendant presently	38096
is capable of understanding the nature and objective of the	38097
proceedings against the defendant and of assisting in the	38098
defendant's defense, the trial court shall order that the	38099
defendant is competent to stand trial and shall be proceeded	38100
against as provided by law with respect to the applicable offenses	38101
described in division (C)(1) of section 2945.38 of the Revised	38102
Code and shall enter whichever of the following additional orders	38103
is appropriate:	38104

(i) If the trial court determines that the defendant remains	38105
a mentally ill person subject to hospitalization by court order or	38106
a mentally retarded person subject to institutionalization by	38107
court order, the trial court shall order that the defendant's	38108
commitment to the department of ~~mental health~~mental health and	38109
addiction services or to an institution, facility, or program for	38110
the treatment of mental retardation be continued during the	38111
pendency of the trial on the applicable offenses described in	38112
division (C)(1) of section 2945.38 of the Revised Code.	38113

(ii) If the trial court determines that the defendant no	38114
longer is a mentally ill person subject to hospitalization by	38115
court order or a mentally retarded person subject to	38116
institutionalization by court order, the trial court shall order	38117
that the defendant's commitment to the department of ~~mental health~~	38118
mental health and addiction services or to an institution,	38119
facility, or program for the treatment of mental retardation shall	38120
not be continued during the pendency of the trial on the	38121
applicable offenses described in division (C)(1) of section	38122
2945.38 of the Revised Code. This order shall be a final	38123
termination of the commitment for purposes of division (J)(1)(c)	38124
of this section.	38125

(b) If, at the conclusion of the hearing described in	38126
division (J)(2)(a) of this section, the trial court determines	38127
that the defendant remains incapable of understanding the nature	38128
and objective of the proceedings against the defendant or of	38129
assisting in the defendant's defense, the trial court shall order	38130
that the defendant continues to be incompetent to stand trial,	38131
that the defendant's commitment to the department of ~~mental health~~	38132
mental health and addiction services or to an institution,	38133
facility, or program for the treatment of mental retardation shall	38134
be continued, and that the defendant remains subject to the	38135
jurisdiction of the trial court pursuant to that commitment, and	38136
to the provisions of this section, until the final termination of	38137
the commitment as described in division (J)(1) of this section.	38138

Sec. 2951.041. (A)(1) If an offender is charged with a	38139
criminal offense, including but not limited to a violation of	38140
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	38141
the Revised Code, and the court has reason to believe that drug or	38142
alcohol usage by the offender was a factor leading to the criminal	38143
offense with which the offender is charged or that, at the time of	38144
committing that offense, the offender had a mental illness or was	38145
a person with intellectual disability and that the mental illness	38146
or status as a person with intellectual disability was a factor	38147
leading to the offender's criminal behavior, the court may accept,	38148
prior to the entry of a guilty plea, the offender's request for	38149
intervention in lieu of conviction. The request shall include a	38150
statement from the offender as to whether the offender is alleging	38151
that drug or alcohol usage by the offender was a factor leading to	38152
the criminal offense with which the offender is charged or is	38153
alleging that, at the time of committing that offense, the	38154
offender had a mental illness or was a person with intellectual	38155
disability and that the mental illness or status as a person with	38156
intellectual disability was a factor leading to the criminal	38157
offense with which the offender is charged. The request also shall	38158
include a waiver of the defendant's right to a speedy trial, the	38159
preliminary hearing, the time period within which the grand jury	38160
may consider an indictment against the offender, and arraignment,	38161
unless the hearing, indictment, or arraignment has already	38162
occurred. The court may reject an offender's request without a	38163
hearing. If the court elects to consider an offender's request,	38164
the court shall conduct a hearing to determine whether the	38165
offender is eligible under this section for intervention in lieu	38166
of conviction and shall stay all criminal proceedings pending the	38167
outcome of the hearing. If the court schedules a hearing, the	38168
court shall order an assessment of the offender for the purpose of	38169
determining the offender's eligibility for intervention in lieu of	38170
conviction and recommending an appropriate intervention plan.	38171

If the offender alleges that drug or alcohol usage by the	38172
offender was a factor leading to the criminal offense with which	38173
the offender is charged, the court may order that the offender be	38174
assessed by ~~a program~~an addiction services provider certified	38175
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	38176
properly credentialed professional for the purpose of determining	38177
the offender's eligibility for intervention in lieu of conviction	38178
and recommending an appropriate intervention plan. The ~~program~~	38179
addiction services provider or the properly credentialed	38180
professional shall provide a written assessment of the offender to	38181
the court.	38182

(2) The victim notification provisions of division (C) of	38183
section 2930.08 of the Revised Code apply in relation to any	38184
hearing held under division (A)(1) of this section.	38185

(B) An offender is eligible for intervention in lieu of	38186
conviction if the court finds all of the following:	38187

(1) The offender previously has not been convicted of or	38188
pleaded guilty to a felony offense of violence or previously has	38189
been convicted of or pleaded guilty to any felony that is not an	38190
offense of violence and the prosecuting attorney recommends that	38191
the offender be found eligible for participation in intervention	38192
in lieu of treatment under this section, previously has not been	38193
through intervention in lieu of conviction under this section or	38194
any similar regimen, and is charged with a felony for which the	38195
court, upon conviction, would impose a community control sanction	38196
on the offender under division (B)(2) of section 2929.13 of the	38197
Revised Code or with a misdemeanor.	38198

(2) The offense is not a felony of the first, second, or	38199
third degree, is not an offense of violence, is not a violation of	38200
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	38201
not a violation of division (A)(1) of section 2903.08 of the	38202
Revised Code, is not a violation of division (A) of section	38203
4511.19 of the Revised Code or a municipal ordinance that is	38204
substantially similar to that division, and is not an offense for	38205
which a sentencing court is required to impose a mandatory prison	38206
term, a mandatory term of local incarceration, or a mandatory term	38207
of imprisonment in a jail.	38208

(3) The offender is not charged with a violation of section	38209
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	38210
with a violation of section 2925.03 of the Revised Code that is a	38211
felony of the first, second, third, or fourth degree, and is not	38212
charged with a violation of section 2925.11 of the Revised Code	38213
that is a felony of the first, second, or third degree.	38214

(4) If an offender alleges that drug or alcohol usage by the	38215
offender was a factor leading to the criminal offense with which	38216
the offender is charged, the court has ordered that the offender	38217
be assessed by ~~a program~~an addiction services provider certified	38218
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	38219
properly credentialed professional for the purpose of determining	38220
the offender's eligibility for intervention in lieu of conviction	38221
and recommending an appropriate intervention plan, the offender	38222
has been assessed by ~~a program~~an addiction services provider of	38223
that nature or a properly credentialed professional in accordance	38224
with the court's order, and the ~~program~~addiction services	38225
provider or properly credentialed professional has filed the	38226
written assessment of the offender with the court.	38227

(5) If an offender alleges that, at the time of committing	38228
the criminal offense with which the offender is charged, the	38229
offender had a mental illness or was a person with intellectual	38230
disability and that the mental illness or status as a person with	38231
intellectual disability was a factor leading to that offense, the	38232
offender has been assessed by a psychiatrist, psychologist,	38233
independent social worker, or professional clinical counselor for	38234
the purpose of determining the offender's eligibility for	38235
intervention in lieu of conviction and recommending an appropriate	38236
intervention plan.	38237

(6) The offender's drug usage, alcohol usage, mental illness,	38238
or intellectual disability, whichever is applicable, was a factor	38239
leading to the criminal offense with which the offender is	38240
charged, intervention in lieu of conviction would not demean the	38241
seriousness of the offense, and intervention would substantially	38242
reduce the likelihood of any future criminal activity.	38243

(7) The alleged victim of the offense was not sixty-five	38244
years of age or older, permanently and totally disabled, under	38245
thirteen years of age, or a peace officer engaged in the officer's	38246
official duties at the time of the alleged offense.	38247

(8) If the offender is charged with a violation of section	38248
2925.24 of the Revised Code, the alleged violation did not result	38249
in physical harm to any person, and the offender previously has	38250
not been treated for drug abuse.	38251

(9) The offender is willing to comply with all terms and	38252
conditions imposed by the court pursuant to division (D) of this	38253
section.	38254

(10) The offender is not charged with an offense that would	38255
result in the offender being disqualified under Chapter 4506. of	38256
the Revised Code from operating a commercial motor vehicle or	38257
would subject the offender to any other sanction under that	38258
chapter.	38259

(C) At the conclusion of a hearing held pursuant to division	38260
(A) of this section, the court shall enter its determination as to	38261
whether the offender is eligible for intervention in lieu of	38262
conviction and as to whether to grant the offender's request. If	38263
the court finds under division (B) of this section that the	38264
offender is eligible for intervention in lieu of conviction and	38265
grants the offender's request, the court shall accept the	38266
offender's plea of guilty and waiver of the defendant's right to a	38267
speedy trial, the preliminary hearing, the time period within	38268
which the grand jury may consider an indictment against the	38269
offender, and arraignment, unless the hearing, indictment, or	38270
arraignment has already occurred. In addition, the court then may	38271
stay all criminal proceedings and order the offender to comply	38272
with all terms and conditions imposed by the court pursuant to	38273
division (D) of this section. If the court finds that the offender	38274
is not eligible or does not grant the offender's request, the	38275
criminal proceedings against the offender shall proceed as if the	38276
offender's request for intervention in lieu of conviction had not	38277
been made.	38278

(D) If the court grants an offender's request for	38279
intervention in lieu of conviction, the court shall place the	38280
offender under the general control and supervision of the county	38281
probation department, the adult parole authority, or another	38282
appropriate local probation or court services agency, if one	38283
exists, as if the offender was subject to a community control	38284
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	38285
Revised Code. The court shall establish an intervention plan for	38286
the offender. The terms and conditions of the intervention plan	38287
shall require the offender, for at least one year from the date on	38288
which the court grants the order of intervention in lieu of	38289
conviction, to abstain from the use of illegal drugs and alcohol,	38290
to participate in treatment and recovery support services, and to	38291
submit to regular random testing for drug and alcohol use and may	38292
include any other treatment terms and conditions, or terms and	38293
conditions similar to community control sanctions, which may	38294
include community service or restitution, that are ordered by the	38295
court.	38296

(E) If the court grants an offender's request for	38297
intervention in lieu of conviction and the court finds that the	38298
offender has successfully completed the intervention plan for the	38299
offender, including the requirement that the offender abstain from	38300
using illegal drugs and alcohol for a period of at least one year	38301
from the date on which the court granted the order of intervention	38302
in lieu of conviction, the requirement that the offender	38303
participate in treatment and recovery support services, and all	38304
other terms and conditions ordered by the court, the court shall	38305
dismiss the proceedings against the offender. Successful	38306
completion of the intervention plan and period of abstinence under	38307
this section shall be without adjudication of guilt and is not a	38308
criminal conviction for purposes of any disqualification or	38309
disability imposed by law and upon conviction of a crime, and the	38310
court may order the sealing of records related to the offense in	38311
question in the manner provided in sections 2953.31 to 2953.36 of	38312
the Revised Code.	38313

(F) If the court grants an offender's request for	38314
intervention in lieu of conviction and the offender fails to	38315
comply with any term or condition imposed as part of the	38316
intervention plan for the offender, the supervising authority for	38317
the offender promptly shall advise the court of this failure, and	38318
the court shall hold a hearing to determine whether the offender	38319
failed to comply with any term or condition imposed as part of the	38320
plan. If the court determines that the offender has failed to	38321
comply with any of those terms and conditions, it shall enter a	38322
finding of guilty and shall impose an appropriate sanction under	38323
Chapter 2929. of the Revised Code. If the court sentences the	38324
offender to a prison term, the court, after consulting with the	38325
department of rehabilitation and correction regarding the	38326
availability of services, may order continued court-supervised	38327
activity and treatment of the offender during the prison term and,	38328
upon consideration of reports received from the department	38329
concerning the offender's progress in the program of activity and	38330
treatment, may consider judicial release under section 2929.20 of	38331
the Revised Code.	38332

(G) As used in this section:

38333

(1) "Community control sanction" has the same meaning as in	38334
section 2929.01 of the Revised Code.	38335

(2) "Intervention in lieu of conviction" means any	38336
court-supervised activity that complies with this section.	38337

(3) "Peace officer" has the same meaning as in section	38338
2935.01 of the Revised Code.	38339

(4) "Mental illness" and "psychiatrist" have the same	38340
meanings as in section 5122.01 of the Revised Code.	38341

(5) "Person with intellectual disability" means a person	38342
having significantly subaverage general intellectual functioning	38343
existing concurrently with deficiencies in adaptive behavior,	38344
manifested during the developmental period.	38345

(6) "Psychologist" has the same meaning as in section 4732.01	38346
of the Revised Code.	38347

(H) Whenever the term "mentally retarded person" is used in	38348
any statute, rule, contract, grant, or other document, the	38349
reference shall be deemed to include a "person with intellectual	38350
disability," as defined in this section.	38351

Sec. 2967.22. Whenever it is brought to the attention of the	38352
adult parole authority or a department of probation that a	38353
parolee, person under a community control sanction, person under	38354
transitional control, or releasee appears to be a mentally ill	38355
person subject to hospitalization by court order, as defined in	38356
section 5122.01 of the Revised Code, or a mentally retarded person	38357
subject to institutionalization by court order, as defined in	38358
section 5123.01 of the Revised Code, the parole or probation	38359
officer, subject to the approval of the chief of the adult parole	38360
authority, the designee of the chief of the adult parole	38361
authority, or the chief probation officer, may file an affidavit	38362
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	38363
person under a community control sanction, or releasee who is	38364
involuntarily detained under Chapter 5122. or 5123. of the Revised	38365
Code shall receive credit against the period of parole or	38366
community control or the term of post-release control for the	38367
period of involuntary detention.	38368

If a parolee, person under a community control sanction,	38369
person under transitional control, or releasee escapes from an	38370
institution or facility within the department of ~~mental health~~	38371
mental health and addiction services or the department of	38372
developmental disabilities, the superintendent of the institution	38373
immediately shall notify the chief of the adult parole authority	38374
or the chief probation officer. Notwithstanding the provisions of	38375
section 5122.26 of the Revised Code, the procedure for the	38376
apprehension, detention, and return of the parolee, person under a	38377
community control sanction, person under transitional control, or	38378
releasee is the same as that provided for the apprehension,	38379
detention, and return of persons who escape from institutions	38380
operated by the department of rehabilitation and correction. If	38381
the escaped parolee, person under transitional control, or	38382
releasee is not apprehended and returned to the custody of the	38383
department of ~~mental health~~mental health and addiction services	38384
or the department of developmental disabilities within ninety days	38385
after the escape, the parolee, person under transitional control,	38386
or releasee shall be discharged from the custody of the department	38387
of ~~mental health~~mental health and addiction services or the	38388
department of developmental disabilities and returned to the	38389
custody of the department of rehabilitation and correction. If the	38390
escaped person under a community control sanction is not	38391
apprehended and returned to the custody of the department of	38392
~~mental health~~mental health and addiction services or the	38393
department of developmental disabilities within ninety days after	38394
the escape, the person under a community control sanction shall be	38395
discharged from the custody of the department of ~~mental health~~	38396
mental health and addiction services or the department of	38397
developmental disabilities and returned to the custody of the	38398
court that sentenced that person.	38399

Sec. 2981.01. (A) Forfeitures under this chapter shall be	38400
governed by all of the following purposes:	38401

(1) To provide economic disincentives and remedies to deter	38402
and offset the economic effect of offenses by seizing and	38403
forfeiting contraband, proceeds, and certain instrumentalities;	38404

(2) To ensure that seizures and forfeitures of	38405
instrumentalities are proportionate to the offense committed;	38406

(3) To protect third parties from wrongful forfeiture of	38407
their property;	38408

(4) To prioritize restitution for victims of offenses.

38409

(B) As used in this chapter:

38410

(1) "Aircraft" has the same meaning as in section 4561.01 of	38411
the Revised Code.	38412

(2) "Computers," "computer networks," "computer systems,"	38413
"computer software," and "telecommunications device" have the same	38414
meanings as in section 2913.01 of the Revised Code.	38415

(3) "Financial institution" means a bank, credit union,	38416
savings and loan association, or a licensee or registrant under	38417
Chapter 1321. of the Revised Code.	38418

(4) "Firearm" and "dangerous ordnance" have the same meanings	38419
as in section 2923.11 of the Revised Code.	38420

(5) "Innocent person" includes any bona fide purchaser of	38421
property that is subject to forfeiture, including any person who	38422
establishes a valid claim to or interest in the property in	38423
accordance with section 2923.04 of the Revised Code, and any	38424
victim of an alleged offense.	38425

(6) "Instrumentality" means property otherwise lawful to	38426
possess that is used in or intended to be used in an offense. An	38427
"instrumentality" may include, but is not limited to, a firearm, a	38428
mobile instrumentality, a computer, a computer network, a computer	38429
system, computer software, a telecommunications device, money, and	38430
any other means of exchange.	38431

(7) "Law enforcement agency" includes, but is not limited to,	38432
the state board of pharmacy, the enforcement division of the	38433
department of taxation, the Ohio casino control commission, and	38434
the office of the prosecutor.	38435

(8) "Mobile instrumentality" means an instrumentality that is	38436
inherently mobile and used in the routine transport of persons.	38437
"Mobile instrumentality" includes, but is not limited to, any	38438
vehicle, any watercraft, and any aircraft.	38439

(9) "Money" has the same meaning as in section 1301.201 of	38440
the Revised Code.	38441

(10) "Offense" means any act or omission that could be	38442
charged as a criminal offense or a delinquent act, whether or not	38443
a formal criminal prosecution or delinquent child proceeding began	38444
at the time the forfeiture is initiated. Except as otherwise	38445
specified, an offense for which property may be forfeited includes	38446
any felony and any misdemeanor. The commission of an "offense"	38447
includes the commission of a delinquent act.	38448

(11) "Proceeds" means both of the following:

38449

(a) In cases involving unlawful goods, services, or	38450
activities, "proceeds" means any property derived directly or	38451
indirectly from an offense. "Proceeds" may include, but is not	38452
limited to, money or any other means of exchange. "Proceeds" is	38453
not limited to the net gain or profit realized from the offense.	38454

(b) In cases involving lawful goods or services that are sold	38455
or provided in an unlawful manner, "proceeds" means the amount of	38456
money or other means of exchange acquired through the illegal	38457
transactions resulting in the forfeiture, less the direct costs	38458
lawfully incurred in providing the goods or services. The lawful	38459
costs deduction does not include any part of the overhead expenses	38460
of, or income taxes paid by, the entity providing the goods or	38461
services. The alleged offender or delinquent child has the burden	38462
to prove that any costs are lawfully incurred.	38463

(12) "Property" means "property" as defined in section	38464
2901.01 of the Revised Code and any benefit, privilege, claim,	38465
position, interest in an enterprise, or right derived, directly or	38466
indirectly, from the offense.	38467

(13) "Property subject to forfeiture" includes contraband and	38468
proceeds and may include instrumentalities as provided in this	38469
chapter.	38470

(14) "Prosecutor" has the same meaning as in section 2935.01	38471
of the Revised Code. When relevant, "prosecutor" also includes the	38472
attorney general.	38473

(15) "Vehicle" has the same meaning as in section 4501.01 of	38474
the Revised Code.	38475

(16) "Watercraft" has the same meaning as in section 1547.01	38476
of the Revised Code.	38477

(C) The penalties and procedures under Chapters 2923., 2925.,	38478
~~and~~ 2933., and 3772. of the Revised Code remain in effect to the	38479
extent that they do not conflict with this chapter.	38480

Sec. 2981.12. (A) Unclaimed or forfeited property in the	38481
custody of a law enforcement agency, other than property described	38482
in division (A)(2) of section 2981.11 of the Revised Code, shall	38483
be disposed of by order of any court of record that has	38484
territorial jurisdiction over the political subdivision that	38485
employs the law enforcement agency, as follows:	38486

(1) Drugs shall be disposed of pursuant to section 3719.11 of	38487
the Revised Code or placed in the custody of the secretary of the	38488
treasury of the United States for disposal or use for medical or	38489
scientific purposes under applicable federal law.	38490

(2) Firearms and dangerous ordnance suitable for police work	38491
may be given to a law enforcement agency for that purpose.	38492
Firearms suitable for sporting use or as museum pieces or	38493
collectors' items may be sold at public auction pursuant to	38494
division (B) of this section. The agency may sell other firearms	38495
and dangerous ordnance to a federally licensed firearms dealer in	38496
a manner that the court considers proper. The agency shall destroy	38497
any firearms or dangerous ordnance not given to a law enforcement	38498
agency or sold or shall send them to the bureau of criminal	38499
identification and investigation for destruction by the bureau.	38500

(3) Obscene materials shall be destroyed.

38501

(4) Beer, intoxicating liquor, or alcohol seized from a	38502
person who does not hold a permit issued under Chapters 4301. and	38503
4303. of the Revised Code or otherwise forfeited to the state for	38504
an offense under section 4301.45 or 4301.53 of the Revised Code	38505
shall be sold by the division of liquor control if the division	38506
determines that it is fit for sale or shall be placed in the	38507
custody of the investigations unit in the department of public	38508
safety and be used for training relating to law enforcement	38509
activities. The department, with the assistance of the division of	38510
liquor control, shall adopt rules in accordance with Chapter 119.	38511
of the Revised Code to provide for the distribution to state or	38512
local law enforcement agencies upon their request. If any tax	38513
imposed under Title XLIII of the Revised Code has not been paid in	38514
relation to the beer, intoxicating liquor, or alcohol, any moneys	38515
acquired from the sale shall first be used to pay the tax. All	38516
other money collected under this division shall be paid into the	38517
state treasury. Any beer, intoxicating liquor, or alcohol that the	38518
division determines to be unfit for sale shall be destroyed.	38519

(5) Money received by an inmate of a correctional institution	38520
from an unauthorized source or in an unauthorized manner shall be	38521
returned to the sender, if known, or deposited in the inmates'	38522
industrial and entertainment fund of the institution if the sender	38523
is not known.	38524

(6)(a) Any mobile instrumentality forfeited under this	38525
chapter may be given to the law enforcement agency that initially	38526
seized the mobile instrumentality for use in performing its	38527
duties, if the agency wants the mobile instrumentality. The agency	38528
shall take the mobile instrumentality subject to any security	38529
interest or lien on the mobile instrumentality.	38530

(b) Vehicles and vehicle parts forfeited under sections	38531
4549.61 to 4549.63 of the Revised Code may be given to a law	38532
enforcement agency for use in performing its duties. Those parts	38533
may be incorporated into any other official vehicle. Parts that do	38534
not bear vehicle identification numbers or derivatives of them may	38535
be sold or disposed of as provided by rules of the director of	38536
public safety. Parts from which a vehicle identification number or	38537
derivative of it has been removed, defaced, covered, altered, or	38538
destroyed and that are not suitable for police work or	38539
incorporation into an official vehicle shall be destroyed and sold	38540
as junk or scrap.	38541

(7) Computers, computer networks, computer systems, and	38542
computer software suitable for police work may be given to a law	38543
enforcement agency for that purpose or disposed of under division	38544
(B) of this section.	38545

(8) Money seized in connection with a violation of section	38546
2905.32, 2907.21, or 2907.22 of the Revised Code shall be	38547
deposited in the victims of human trafficking fund created by	38548
section 5101.87 of the Revised Code.	38549

(B) Unclaimed or forfeited property that is not described in	38550
division (A) of this section or division (A)(2) of section 2981.11	38551
of the Revised Code, with court approval, may be used by the law	38552
enforcement agency in possession of it. If it is not used by the	38553
agency, it may be sold without appraisal at a public auction to	38554
the highest bidder for cash or disposed of in another manner that	38555
the court considers proper.	38556

(C) Except as provided in divisions (A) and (F) of this	38557
section and after compliance with division (D) of this section	38558
when applicable, any moneys acquired from the sale of property	38559
disposed of pursuant to this section shall be placed in the	38560
general revenue fund of the state, or the general fund of the	38561
county, the township, or the municipal corporation of which the	38562
law enforcement agency involved is an agency.	38563

(D) If the property was in the possession of the law	38564
enforcement agency in relation to a delinquent child proceeding in	38565
a juvenile court, ten per cent of any moneys acquired from the	38566
sale of property disposed of under this section shall be applied	38567
to one or more ~~alcohol and drug~~community addiction treatment	38568
~~programs~~services providers that are certified by the department	38569
of ~~alcohol and drug addiction services~~mental health and addiction	38570
services under section ~~3793.06~~5119.36 of the Revised Code. A	38571
juvenile court shall not specify a ~~program~~services provider,	38572
except as provided in this division, unless the ~~program~~services	38573
provider is in the same county as the court or in a contiguous	38574
county. If no certified ~~program~~services provider is located in	38575
any of those counties, the juvenile court may specify a certified	38576
~~program~~services provider anywhere in Ohio. The remaining ninety	38577
per cent of the proceeds or cash shall be applied as provided in	38578
division (C) of this section.	38579

Each ~~treatment program~~services provider that receives in any	38580
calendar year forfeited money under this division shall file an	38581
annual report for that year with the attorney general and with the	38582
court of common pleas and board of county commissioners of the	38583
county in which the ~~program~~services provider is located and of	38584
any other county from which the ~~program~~services provider received	38585
forfeited money. The ~~program~~services provider shall file the	38586
report on or before the first day of March in the calendar year	38587
following the calendar year in which the ~~program~~services provider	38588
received the money. The report shall include statistics on the	38589
number of persons the ~~program~~services provider served, identify	38590
the types of treatment services it provided to them, and include a	38591
specific accounting of the purposes for which it used the money so	38592
received. No information contained in the report shall identify,	38593
or enable a person to determine the identity of, any person served	38594
by the ~~program~~services provider.	38595

(E) Each certified ~~alcohol and drug~~community addiction	38596
~~treatment program~~services provider that receives in any calendar	38597
year money under this section or under section 2981.13 of the	38598
Revised Code as the result of a juvenile forfeiture order shall	38599
file an annual report for that calendar year with the attorney	38600
general and with the court of common pleas and board of county	38601
commissioners of the county in which the ~~program~~services provider	38602
is located and of any other county from which the ~~program~~services	38603
provider received the money. The ~~program~~services provider shall	38604
file the report on or before the first day of March in the	38605
calendar year following the year in which the ~~program~~services	38606
provider received the money. The report shall include statistics	38607
on the number of persons served with the money, identify the types	38608
of treatment services provided, and specifically account for how	38609
the money was used. No information in the report shall identify or	38610
enable a person to determine the identity of anyone served by the	38611
~~program~~services provider.	38612

As used in this division, "juvenile-related forfeiture order"	38613
means any forfeiture order issued by a juvenile court under	38614
section 2981.04 or 2981.05 of the Revised Code and any disposal of	38615
property ordered by a court under section 2981.11 of the Revised	38616
Code regarding property that was in the possession of a law	38617
enforcement agency in relation to a delinquent child proceeding in	38618
a juvenile court.	38619

(F) Each board of county commissioners that recognizes a	38620
citizens' reward program under section 9.92 of the Revised Code	38621
shall notify each law enforcement agency of that county and of a	38622
township or municipal corporation wholly located in that county of	38623
the recognition by filing a copy of its resolution conferring that	38624
recognition with each of those agencies. When the board recognizes	38625
a citizens' reward program and the county includes a part, but not	38626
all, of the territory of a municipal corporation, the board shall	38627
so notify the law enforcement agency of that municipal corporation	38628
of the recognition of the citizens' reward program only if the	38629
county contains the highest percentage of the municipal	38630
corporation's population.	38631

Upon being so notified, each law enforcement agency shall pay	38632
twenty-five per cent of any forfeited proceeds or cash derived	38633
from each sale of property disposed of pursuant to this section to	38634
the citizens' reward program for use exclusively to pay rewards.	38635
No part of the funds may be used to pay expenses associated with	38636
the program. If a citizens' reward program that operates in more	38637
than one county or in another state in addition to this state	38638
receives funds under this section, the funds shall be used to pay	38639
rewards only for tips and information to law enforcement agencies	38640
concerning offenses committed in the county from which the funds	38641
were received.	38642

Receiving funds under this section or section 2981.11 of the	38643
Revised Code does not make the citizens' reward program a	38644
governmental unit or public office for purposes of section 149.43	38645
of the Revised Code.	38646

(G) Any property forfeited under this chapter shall not be	38647
used to pay any fine imposed upon a person who is convicted of or	38648
pleads guilty to an underlying criminal offense or a different	38649
offense arising out of the same facts and circumstances.	38650

(H) Any moneys acquired from the sale of personal effects,	38651
tools, or other property seized because the personal effects,	38652
tools, or other property were used in the commission of a	38653
violation of section 2905.32, 2907.21, or 2907.22 of the Revised	38654
Code or derived from the proceeds of the commission of a violation	38655
of section 2905.32, 2907.21, or 2907.22 of the Revised Code and	38656
disposed of pursuant to this section shall be placed in the	38657
victims of human trafficking fund created by section 5101.87 of	38658
the Revised Code.	38659

Sec. 2981.13. (A) Except as otherwise provided in this	38660
section, property ordered forfeited as contraband, proceeds, or an	38661
instrumentality pursuant to this chapter shall be disposed of,	38662
used, or sold pursuant to section 2981.12 of the Revised Code. If	38663
the property is to be sold under that section, the prosecutor	38664
shall cause notice of the proposed sale to be given in accordance	38665
with law.	38666

(B) If the contraband or instrumentality forfeited under this	38667
chapter is sold, any moneys acquired from a sale and any proceeds	38668
forfeited under this chapter shall be applied in the following	38669
order:	38670

(1) First, to pay costs incurred in the seizure, storage,	38671
maintenance, security, and sale of the property and in the	38672
forfeiture proceeding;	38673

(2) Second, in a criminal forfeiture case, to satisfy any	38674
restitution ordered to the victim of the offense or, in a civil	38675
forfeiture case, to satisfy any recovery ordered for the person	38676
harmed, unless paid from other assets;	38677

(3) Third, to pay the balance due on any security interest	38678
preserved under this chapter;	38679

(4) Fourth, apply the remaining amounts as follows:

38680

(a) If the forfeiture was ordered by a juvenile court, ten	38681
per cent to one or more certified alcohol and drug addiction	38682
treatment programs as provided in division (D) of section 2981.12	38683
of the Revised Code;	38684

(b) If the forfeiture was ordered in a juvenile court, ninety	38685
per cent, and if the forfeiture was ordered in a court other than	38686
a juvenile court, one hundred per cent to the law enforcement	38687
trust fund of the prosecutor and to the following fund supporting	38688
the law enforcement agency that substantially conducted the	38689
investigation: the law enforcement trust fund of the county	38690
sheriff, municipal corporation, township, or park district created	38691
under section 511.18 or 1545.01 of the Revised Code; the state	38692
highway patrol contraband, forfeiture, and other fund; the	38693
department of public safety investigative unit contraband,	38694
forfeiture, and other fund; the department of taxation enforcement	38695
fund; the board of pharmacy drug law enforcement fund created by	38696
division (B)(1) of section 4729.65 of the Revised Code; the	38697
medicaid fraud investigation and prosecution fund; the casino	38698
control commission enforcement fund created by section 3772.36 of	38699
the Revised Code; or the treasurer of state for deposit into the	38700
peace officer training commission fund if any other state law	38701
enforcement agency substantially conducted the investigation. In	38702
the case of property forfeited for medicaid fraud, any remaining	38703
amount shall be used by the attorney general to investigate and	38704
prosecute medicaid fraud offenses.	38705

If the prosecutor declines to accept any of the remaining	38706
amounts, the amounts shall be applied to the fund of the agency	38707
that substantially conducted the investigation.	38708

(c) If more than one law enforcement agency is substantially	38709
involved in the seizure of property forfeited under this chapter,	38710
the court ordering the forfeiture shall equitably divide the	38711
amounts, after calculating any distribution to the law enforcement	38712
trust fund of the prosecutor pursuant to division (B)(4) of this	38713
section, among the entities that the court determines were	38714
substantially involved in the seizure.	38715

(C)(1) A law enforcement trust fund shall be established by	38716
the prosecutor of each county who intends to receive any remaining	38717
amounts pursuant to this section, by the sheriff of each county,	38718
by the legislative authority of each municipal corporation, by the	38719
board of township trustees of each township that has a township	38720
police department, township or joint police district police force,	38721
or office of the constable, and by the board of park commissioners	38722
of each park district created pursuant to section 511.18 or	38723
1545.01 of the Revised Code that has a park district police force	38724
or law enforcement department, for the purposes of this section.	38725

There is hereby created in the state treasury the state	38726
highway patrol contraband, forfeiture, and other fund, the	38727
department of public safety investigative unit contraband,	38728
forfeiture, and other fund, the medicaid fraud investigation and	38729
prosecution fund, the department of taxation enforcement fund, and	38730
the peace officer training commission fund, for the purposes of	38731
this section.	38732

Amounts distributed to any municipal corporation, township,	38733
or park district law enforcement trust fund shall be allocated	38734
from the fund by the legislative authority only to the police	38735
department of the municipal corporation, by the board of township	38736
trustees only to the township police department, township police	38737
district police force, or office of the constable, by the joint	38738
police district board only to the joint police district, and by	38739
the board of park commissioners only to the park district police	38740
force or law enforcement department.	38741

(2)(a) No amounts shall be allocated to a fund created under	38742
this section or used by an agency unless the agency has adopted a	38743
written internal control policy that addresses the use of moneys	38744
received from the appropriate fund. The appropriate fund shall be	38745
expended only in accordance with that policy and, subject to the	38746
requirements specified in this section, only for the following	38747
purposes:	38748

(i) To pay the costs of protracted or complex investigations	38749
or prosecutions;	38750

(ii) To provide reasonable technical training or expertise;

38751

(iii) To provide matching funds to obtain federal grants to	38752
aid law enforcement, in the support of DARE programs or other	38753
programs designed to educate adults or children with respect to	38754
the dangers associated with the use of drugs of abuse;	38755

(iv) To pay the costs of emergency action taken under section	38756
3745.13 of the Revised Code relative to the operation of an	38757
illegal methamphetamine laboratory if the forfeited property or	38758
money involved was that of a person responsible for the operation	38759
of the laboratory;	38760

(v) For other law enforcement purposes that the	38761
superintendent of the state highway patrol, department of public	38762
safety, prosecutor, county sheriff, legislative authority,	38763
department of taxation, Ohio casino control commission, board of	38764
township trustees, or board of park commissioners determines to be	38765
appropriate.	38766

(b) The board of pharmacy drug law enforcement fund shall be	38767
expended only in accordance with the written internal control	38768
policy so adopted by the board and only in accordance with section	38769
4729.65 of the Revised Code, except that it also may be expended	38770
to pay the costs of emergency action taken under section 3745.13	38771
of the Revised Code relative to the operation of an illegal	38772
methamphetamine laboratory if the forfeited property or money	38773
involved was that of a person responsible for the operation of the	38774
laboratory.	38775

(c) The state highway patrol contraband, forfeiture, and	38776
other fund, the department of public safety investigative unit	38777
contraband, forfeiture, and other fund, the department of taxation	38778
enforcement fund, the board of pharmacy drug law enforcement fund,	38779
the casino control commission enforcement fund, and a law	38780
enforcement trust fund shall not be used to meet the operating	38781
costs of the state highway patrol, of the investigative unit of	38782
the department of public safety, of the state board of pharmacy,	38783
of any political subdivision, of the Ohio casino control	38784
commission, or of any office of a prosecutor or county sheriff	38785
that are unrelated to law enforcement.	38786

(d) Forfeited moneys that are paid into the state treasury to	38787
be deposited into the peace officer training commission fund shall	38788
be used by the commission only to pay the costs of peace officer	38789
training.	38790

(3) Any of the following offices or agencies that receive	38791
amounts under this section during any calendar year shall file a	38792
report with the specified entity, not later than the thirty-first	38793
day of January of the next calendar year, verifying that the	38794
moneys were expended only for the purposes authorized by this	38795
section or other relevant statute and specifying the amounts	38796
expended for each authorized purpose:	38797

(a) Any sheriff or prosecutor shall file the report with the	38798
county auditor.	38799

(b) Any municipal corporation police department shall file	38800
the report with the legislative authority of the municipal	38801
corporation.	38802

(c) Any township police department, township or joint police	38803
district police force, or office of the constable shall file the	38804
report with the board of township trustees of the township.	38805

(d) Any park district police force or law enforcement	38806
department shall file the report with the board of park	38807
commissioners of the park district.	38808

(e) The superintendent of the state highway patrol and the	38809
tax commissioner shall file the report with the attorney general.	38810

(f) The executive director of the state board of pharmacy	38811
shall file the report with the attorney general, verifying that	38812
cash and forfeited proceeds paid into the board of pharmacy drug	38813
law enforcement fund were used only in accordance with section	38814
4729.65 of the Revised Code.	38815

(g) The peace officer training commission shall file a report	38816
with the attorney general, verifying that cash and forfeited	38817
proceeds paid into the peace officer training commission fund	38818
pursuant to this section during the prior calendar year were used	38819
by the commission during the prior calendar year only to pay the	38820
costs of peace officer training.	38821

(h) The executive director of the Ohio casino control	38822
commission shall file the report with the attorney general,	38823
verifying that cash and forfeited proceeds paid into the casino	38824
control commission enforcement fund were used only in accordance	38825
with section 3772.36 of the Revised Code.	38826

(D) The written internal control policy of a county sheriff,	38827
prosecutor, municipal corporation police department, township	38828
police department, township or joint police district police force,	38829
office of the constable, or park district police force or law	38830
enforcement department shall provide that at least ten per cent of	38831
the first one hundred thousand dollars of amounts deposited during	38832
each calendar year in the agency's law enforcement trust fund	38833
under this section, and at least twenty per cent of the amounts	38834
exceeding one hundred thousand dollars that are so deposited,	38835
shall be used in connection with community preventive education	38836
programs. The manner of use shall be determined by the sheriff,	38837
prosecutor, department, police force, or office of the constable	38838
after receiving and considering advice on appropriate community	38839
preventive education programs from the county's board of alcohol,	38840
drug addiction, and mental health services, from the county's	38841
alcohol and drug addiction services board, or through appropriate	38842
community dialogue.	38843

The financial records kept under the internal control policy	38844
shall specify the amount deposited during each calendar year in	38845
the portion of that amount that was used pursuant to this	38846
division, and the programs in connection with which the portion of	38847
that amount was so used.	38848

As used in this division, "community preventive education	38849
programs" include, but are not limited to, DARE programs and other	38850
programs designed to educate adults or children with respect to	38851
the dangers associated with using drugs of abuse.	38852

(E) Upon the sale, under this section or section 2981.12 of	38853
the Revised Code, of any property that is required by law to be	38854
titled or registered, the state shall issue an appropriate	38855
certificate of title or registration to the purchaser. If the	38856
state is vested with title and elects to retain property that is	38857
required to be titled or registered under law, the state shall	38858
issue an appropriate certificate of title or registration.	38859

(F) Any failure of a law enforcement officer or agency,	38860
prosecutor, court, or the attorney general to comply with this	38861
section in relation to any property seized does not affect the	38862
validity of the seizure and shall not be considered to be the	38863
basis for suppressing any evidence resulting from the seizure,	38864
provided the seizure itself was lawful.	38865

Sec. 3101.051. (A) Except as provided in division (B) of	38866
this section, a probate court shall make available to any person	38867
for inspection the records pertaining to the issuance of marriage	38868
licenses as provided under section 149.43 of the Revised Code.	38869

(B) Before it makes available to a person any records	38870
pertaining to the issuance of a marriage license as described in	38871
division (A) of this section, subject to division (C) of this	38872
section, a probate court shall delete or otherwise remove any	38873
social security numbers of the parties to a marriage so that they	38874
are not available to the person inspecting the records.	38875

(C) Division (B) of this section does not apply in any of the	38876
following circumstances:	38877

(1) If the records in question are inspected by authorized	38878
personnel of the division of child support in the department of	38879
job and family services under section ~~5101.31~~5101.37 of the	38880
Revised Code;	38881

(2) If the records in question are inspected by law	38882
enforcement personnel for purposes of a criminal investigation;	38883

(3) If the records in question with the social security	38884
numbers are necessary for use in a civil or criminal trial and the	38885
release of the records with the social security numbers is ordered	38886
by a court with jurisdiction over the trial;	38887

(4) If the records in question are inspected by either party	38888
to the marriage to which the records pertain;	38889

(5) If the court possessed the records in question prior to	38890
the effective date of this section.	38891

Sec. 3107.083. Not later than ninety days after June 20,	38892
1996, the director of job and family services shall do all of the	38893
following:	38894

(A)(1) For a parent of a child who, if adopted, will be an	38895
adopted person as defined in section 3107.45 of the Revised Code,	38896
prescribe a form that has the following six components:	38897

(a) A component the parent signs under section 3107.071,	38898
3107.081, or 5103.151 of the Revised Code to indicate the	38899
requirements of section 3107.082 or 5103.152 of the Revised Code	38900
have been met. The component shall be as follows:	38901

"Statement Concerning Ohio Law and Adoption Materials	38902

By signing this component of this form, I acknowledge that it	38903
has been explained to me, and I understand, that, if I check the	38904
space on the next component of this form that indicates that I	38905
authorize the release, the adoption file maintained by the Ohio	38906
Department of Health, which contains identifying information about	38907
me at the time of my child's birth, will be released, on request,	38908
to the adoptive parent when the adoptee is at least age eighteen	38909
but younger than age twenty-one and to the adoptee when he or she	38910
is age twenty-one or older. It has also been explained to me, and	38911
I understand, that I may prohibit the release of identifying	38912
information about me contained in the adoption file by checking	38913
the space on the next component of this form that indicates that I	38914
do not authorize the release of the identifying information. It	38915
has additionally been explained to me, and I understand, that I	38916
may change my mind regarding the decision I make on the next	38917
component of this form at any time and as many times as I desire	38918
by signing, dating, and having filed with the Ohio Department of	38919
Health a denial of release form or authorization of release form	38920
prescribed and provided by the Department of Health and providing	38921
the Department two items of identification.	38922

By signing this component of this form, I also acknowledge	38923
that I have been provided a copy of written materials about	38924
adoption prepared by the Ohio Department of Job and Family	38925
Services, the adoption process and ramifications of consenting to	38926
adoption or entering into a voluntary permanent custody surrender	38927
agreement have been discussed with me, and I have been provided	38928
the opportunity to review the materials and ask questions about	38929
the materials and discussion.	38930

Signature of biological parent:		38931
Signature of witness:		38932
Date:	"	38933

(b) A component the parent signs under section 3107.071,	38934
3107.081, or 5103.151 of the Revised Code regarding the parent's	38935
decision whether to allow identifying information about the parent	38936
contained in an adoption file maintained by the department of	38937
health to be released to the parent's child and adoptive parent	38938
pursuant to section 3107.47 of the Revised Code. The component	38939
shall be as follows:	38940

"Statement Regarding Release of Identifying Information	38941

The purpose of this component of this form is to allow a	38942
biological parent to decide whether to allow the Ohio Department	38943
of Health to provide an adoptee and adoptive parent identifying	38944
information about the adoptee's biological parent contained in an	38945
adoption file maintained by the Department. Please check one of	38946
the following spaces:	38947

	......		YES, I authorize the Ohio Department of Health to release identifying information about me, on request, to the adoptive parent when the adoptee is at least age eighteen but younger than age twenty-one and to the adoptee when he or she is age twenty-one or older.		38948
	......		NO, I do not authorize the release of identifying information about me to the adoptive parent or adoptee.		38949

Signature of biological parent:		38950
Signature of witness:		38951
Date:	"	38952

(c) A component the parent, if the mother of the child,	38953
completes and signs under section 3107.071, 3107.081, or 5103.151	38954
of the Revised Code to indicate, to the extent of the mother's	38955
knowledge, all of the following:	38956

(i) Whether the mother, during her pregnancy, was a recipient	38957
of the ~~medical assistance~~medicaid program ~~established under~~	38958
~~Chapter 5111. of the Revised Code~~ or other public health insurance	38959
program and, if so, the dates her eligibility began and ended;	38960

(ii) Whether the mother, during her pregnancy, was covered by	38961
private health insurance and, if so, the dates the coverage began	38962
and ended, the name of the insurance provider, the type of	38963
coverage, and the identification number of the coverage;	38964

(iii) The name and location of the hospital, freestanding	38965
~~birth~~birthing center, or other place where the mother gave birth	38966
and, if different, received medical care immediately after giving	38967
birth;	38968

(iv) The expenses of the obstetrical and neonatal care;

38969

(v) Whether the mother has been informed that the adoptive	38970
parent or the agency or attorney arranging the adoption are to pay	38971
expenses involved in the adoption, including expenses the mother	38972
has paid and expects to receive or has received reimbursement,	38973
and, if so, what expenses are to be or have been paid and an	38974
estimate of the expenses;	38975

(vi) Any other information related to expenses the department	38976
determines appropriate to be included in this component.	38977

(d) A component the parent may sign to authorize the agency	38978
or attorney arranging the adoption to provide to the child or	38979
adoptive parent materials, other than photographs of the parent,	38980
that the parent requests be given to the child or adoptive parent	38981
pursuant to section 3107.68 of the Revised Code.	38982

(e) A component the parent may sign to authorize the agency	38983
or attorney arranging the adoption to provide to the child or	38984
adoptive parent photographs of the parent pursuant to section	38985
3107.68 of the Revised Code.	38986

(f) A component the parent may sign to authorize the agency	38987
or attorney arranging the adoption to provide to the child or	38988
adoptive parent the first name of the parent pursuant to section	38989
3107.68 of the Revised Code.	38990

(2) State at the bottom of the form that the parent is to	38991
receive a copy of the form the parent signed.	38992

(3) Provide copies of the form prescribed under this division	38993
to probate and juvenile courts, public children services agencies,	38994
private child placing agencies, private noncustodial agencies,	38995
attorneys, and persons authorized to take acknowledgments.	38996

(B)(1) For a parent of a child who, if adopted, will become	38997
an adopted person as defined in section 3107.39 of the Revised	38998
Code, prescribe a form that has the following five components:	38999

(a) A component the parent signs under section 3107.071,	39000
3107.081, or 5103.151 of the Revised Code to attest that the	39001
requirement of division (A) of section 3107.082 or division (A) of	39002
section 5103.152 of the Revised Code has been met;	39003

(b) A component the parent, if the mother of the child,	39004
completes and signs under section 3107.071, 3107.081, or 5103.151	39005
of the Revised Code to indicate, to the extent of the mother's	39006
knowledge, all of the following:	39007

(i) Whether the mother, during her pregnancy, was a recipient	39008
of the ~~medical assistance~~medicaid program ~~established under~~	39009
~~Chapter 5111. of the Revised Code~~ or other public health insurance	39010
program and, if so, the dates her eligibility began and ended;	39011

(ii) Whether the mother, during her pregnancy, was covered by	39012
private health insurance and, if so, the dates the coverage began	39013
and ended, the name of the insurance provider, the type of	39014
coverage, and the identification number of the coverage;	39015

(iii) The name and location of the hospital, freestanding	39016
~~birth~~birthing center, or other place where the mother gave birth	39017
and, if different, received medical care immediately after giving	39018
birth;	39019

(iv) The expenses of the obstetrical and neonatal care;

39020

(v) Whether the mother has been informed that the adoptive	39021
parent or the agency or attorney arranging the adoption are to pay	39022
expenses involved in the adoption, including expenses the mother	39023
has paid and expects to receive or has received reimbursement for,	39024
and, if so, what expenses are to be or have been paid and an	39025
estimate of the expenses;	39026

(vi) Any other information related to expenses the department	39027
determines appropriate to be included in the component.	39028

(c) A component the parent may sign to authorize the agency	39029
or attorney arranging the adoption to provide to the child or	39030
adoptive parent materials, other than photographs of the parent,	39031
that the parent requests be given to the child or adoptive parent	39032
pursuant to section 3107.68 of the Revised Code.	39033

(d) A component the parent may sign to authorize the agency	39034
or attorney arranging the adoption to provide to the child or	39035
adoptive parent photographs of the parent pursuant to section	39036
3107.68 of the Revised Code.	39037

(e) A component the parent may sign to authorize the agency	39038
or attorney arranging the adoption to provide to the child or	39039
adoptive parent the first name of the parent pursuant to section	39040
3107.68 of the Revised Code.	39041

(2) State at the bottom of the form that the parent is to	39042
receive a copy of the form the parent signed.	39043

(3) Provide copies of the form prescribed under this division	39044
to probate and juvenile courts, public children services agencies,	39045
private child placing agencies, private noncustodial agencies, and	39046
attorneys.	39047

(C) Prepare the written materials about adoption that are	39048
required to be given to parents under division (A) of section	39049
3107.082 and division (A) of section 5103.152 of the Revised Code.	39050
The materials shall provide information about the adoption	39051
process, including ramifications of a parent consenting to a	39052
child's adoption or entering into a voluntary permanent custody	39053
surrender agreement. The materials also shall include referral	39054
information for professional counseling and adoption support	39055
organizations. The director shall provide the materials to	39056
assessors.	39057

(D) Adopt rules in accordance with Chapter 119. of the	39058
Revised Code specifying the documents that must be filed with a	39059
probate court under divisions (B) and (D) of section 3107.081 of	39060
the Revised Code and a juvenile court under divisions (C) and (E)	39061
of section 5103.151 of the Revised Code.	39062

Sec. 3109.15. There is hereby created within the department	39063
of job and family services the children's trust fund board	39064
consisting of fifteen members. The directors of ~~alcohol and drug~~	39065
~~addiction services~~mental health and addiction services, health,	39066
and job and family services shall be members of the board. Eight	39067
public members shall be appointed by the governor. These members	39068
shall be persons with demonstrated knowledge in programs for	39069
children, shall be representative of the demographic composition	39070
of this state, and, to the extent practicable, shall be	39071
representative of the following categories: the educational	39072
community; the legal community; the social work community; the	39073
medical community; the voluntary sector; and professional	39074
providers of child abuse and child neglect services. Five of these	39075
members shall be residents of metropolitan statistical areas as	39076
defined by the United States office of management and budget where	39077
the population exceeds four hundred thousand; no two such members	39078
shall be residents of the same metropolitan statistical area. Two	39079
members of the board shall be members of the house of	39080
representatives appointed by the speaker of the house of	39081
representatives and shall be members of two different political	39082
parties. Two members of the board shall be members of the senate	39083
appointed by the president of the senate and shall be members of	39084
two different political parties. All members of the board	39085
appointed by the speaker of the house of representatives or the	39086
president of the senate shall serve until the expiration of the	39087
sessions of the general assembly during which they were appointed.	39088
They may be reappointed to an unlimited number of successive terms	39089
of two years at the pleasure of the speaker of the house of	39090
representatives or president of the senate. Public members shall	39091
serve terms of three years. Each member shall serve until the	39092
member's successor is appointed, or until a period of sixty days	39093
has elapsed, whichever occurs first. No public member may serve	39094
more than two consecutive full terms. All vacancies on the board	39095
shall be filled for the balance of the unexpired term in the same	39096
manner as the original appointment.	39097

Any member of the board may be removed by the member's	39098
appointing authority for misconduct, incompetency, or neglect of	39099
duty after first being given the opportunity to be heard in the	39100
member's own behalf. Pursuant to section 3.17 of the Revised Code,	39101
a member, except a member of the general assembly or a judge of	39102
any court in the state, who fails to attend at least three-fifths	39103
of the regular and special meetings held by the board during any	39104
two-year period forfeits the member's position on the board.	39105

Each member of the board shall serve without compensation but	39106
shall be reimbursed for all actual and necessary expenses incurred	39107
in the performance of official duties.	39108

At the beginning of the first year of each even-numbered	39109
general assembly, the chairperson of the board shall be appointed	39110
by the speaker of the house of representatives from among members	39111
of the board who are members of the house of representatives. At	39112
the beginning of the first year of each odd-numbered general	39113
assembly, the chairperson of the board shall be appointed by the	39114
president of the senate from among the members of the board who	39115
are senate members.	39116

The board shall biennially select a vice-chair from among its	39117
nonlegislative members.	39118

Sec. 3111.04. (A) An action to determine the existence or	39119
nonexistence of the father and child relationship may be brought	39120
by the child or the child's personal representative, the child's	39121
mother or her personal representative, a man alleged or alleging	39122
himself to be the child's father, the child support enforcement	39123
agency of the county in which the child resides if the child's	39124
mother, father, or alleged father is a recipient of public	39125
assistance or of services under Title IV-D of the "Social Security	39126
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	39127
alleged father's personal representative.	39128

(B) An agreement does not bar an action under this section.

39129

(C) If an action under this section is brought before the	39130
birth of the child and if the action is contested, all	39131
proceedings, except service of process and the taking of	39132
depositions to perpetuate testimony, may be stayed until after the	39133
birth.	39134

(D) A recipient of public assistance or of services under	39135
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	39136
U.S.C.A. 651, as amended, shall cooperate with the child support	39137
enforcement agency of the county in which a child resides to	39138
obtain an administrative determination pursuant to sections	39139
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	39140
determination pursuant to sections 3111.01 to 3111.18 of the	39141
Revised Code, of the existence or nonexistence of a parent and	39142
child relationship between the father and the child. If the	39143
recipient fails to cooperate, the agency may commence an action to	39144
determine the existence or nonexistence of a parent and child	39145
relationship between the father and the child pursuant to sections	39146
3111.01 to 3111.18 of the Revised Code.	39147

(E) As used in this section, "public assistance" means all of	39148
the following:	39149

(1) Medicaid ~~under Chapter 5111. of the Revised Code~~;

39150

(2) Ohio works first under Chapter 5107. of the Revised Code;

39151

(3) Disability financial assistance under Chapter 5115. of	39152
the Revised Code.	39153

Sec. 3111.72. The contract between the department of job and	39154
family services and a local hospital shall require all of the	39155
following:	39156

(A) That the hospital provide a staff person to meet with	39157
each unmarried mother who gave birth in or en route to the	39158
hospital within twenty-four hours of the birth or before the	39159
mother is released from the hospital;	39160

(B) That the staff person attempt to meet with the father of	39161
the unmarried mother's child if possible;	39162

(C) That the staff person explain to the unmarried mother and	39163
the father, if he is present, the benefit to the child of	39164
establishing a parent and child relationship between the father	39165
and the child and the various proper procedures for establishing a	39166
parent and child relationship;	39167

(D) That the staff person present to the unmarried mother	39168
and, if possible, the father, the pamphlet or statement regarding	39169
the rights and responsibilities of a natural parent that is	39170
prepared and provided by the department of job and family services	39171
pursuant to section 3111.32 of the Revised Code;	39172

(E) That the staff person provide the mother and, if	39173
possible, the father, all forms and statements necessary to	39174
voluntarily establish a parent and child relationship, including,	39175
but not limited to, the acknowledgment of paternity affidavit	39176
prepared by the department of job and family services pursuant to	39177
section 3111.31 of the Revised Code;	39178

(F) That the staff person, at the request of both the mother	39179
and father, help the mother and father complete any form or	39180
statement necessary to establish a parent and child relationship;	39181

(G) That the hospital provide a notary public to notarize an	39182
acknowledgment of paternity affidavit signed by the mother and	39183
father;	39184

(H) That the staff person present to an unmarried mother who	39185
is not participating in the Ohio works first program established	39186
under Chapter 5107. of the Revised Code or receiving ~~medical~~	39187
~~assistance under Chapter 5111. of the Revised Code~~medicaid an	39188
application for Title IV-D services;	39189

(I) That the staff person forward any completed	39190
acknowledgment of paternity, no later than ten days after it is	39191
completed, to the office of child support in the department of job	39192
and family services;	39193

(J) That the department of job and family services pay the	39194
hospital twenty dollars for every correctly signed and notarized	39195
acknowledgment of paternity affidavit from the hospital.	39196

Sec. 3119.29. (A) As used in this section and sections	39197
3119.30 to 3119.56 of the Revised Code:	39198

(1) "Cash medical support" means an amount ordered to be paid	39199
in a child support order toward the cost of health insurance	39200
provided by a public entity, another parent, or person with whom	39201
the child resides, through employment or otherwise, or for other	39202
medical cost not covered by insurance.	39203

(2) "Federal poverty line" has the same meaning as defined in	39204
section 5104.01 of the Revised Code.	39205

(3) "Health care" means such medical support that includes	39206
coverage under a health insurance plan, payment of costs of	39207
premiums, ~~co-payments~~copayments, and deductibles, or payment for	39208
medical expenses incurred on behalf of the child.	39209

(4) "Health insurance coverage" means accessible private	39210
health insurance that provides primary care services within thirty	39211
miles from the residence of the child subject to the child support	39212
order.	39213

(5) "Health plan administrator" means any entity authorized	39214
under Title XXXIX of the Revised Code to engage in the business of	39215
insurance in this state, any health insuring corporation, any	39216
legal entity that is self-insured and provides benefits to its	39217
employees or members, and the administrator of any such entity or	39218
corporation.	39219

(6) "National medical support notice" means a form required	39220
by the "Child Support Performance and Incentive Act of 1998," P.L.	39221
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and	39222
jointly developed and promulgated by the secretary of health and	39223
human services and the secretary of labor in federal regulations	39224
adopted under that act as modified by the department of job and	39225
family services under section 3119.291 of the Revised Code.	39226

(7) "Person required to provide health insurance coverage"	39227
means the obligor, obligee, or both, required by the court under a	39228
court child support order or by the child support enforcement	39229
agency under an administrative child support order to provide	39230
health insurance coverage pursuant to section 3119.30 of the	39231
Revised Code.	39232

(8) Subject to division (B) of this section, "reasonable	39233
cost" means the contributing cost of private family health	39234
insurance to the person responsible for the health care of the	39235
children subject to the child support order that does not exceed	39236
an amount equal to five per cent of the annual gross income of	39237
that person.	39238

(9) "Title XIX" has the same meaning as ~~defined~~ in section	39239
~~5111.20~~5165.01 of the Revised Code.	39240

(B) If the United States secretary of health and human	39241
services issues a regulation defining "reasonable cost" or a	39242
similar term or phrase relevant to the provisions in child support	39243
orders relating to the provision of health care for children	39244
subject to the orders, and if that definition is substantively	39245
different from the meaning of "reasonable cost" as defined in	39246
division (A) of this section, "reasonable cost" as used in this	39247
section shall have the meaning as defined by the United States	39248
secretary of health and human services.	39249

Sec. 3119.54. A party to a child support order issued in	39250
accordance with section 3119.30 of the Revised Code shall notify	39251
any physician, hospital, or other provider of medical services	39252
that provides medical services to the child who is the subject of	39253
the child support order of the number of any health insurance or	39254
health care policy, contract, or plan that covers the child if the	39255
child is eligible for ~~medical assistance under Chapter 5111. of~~	39256
~~the Revised Code~~medicaid. The party shall include in the notice	39257
the name and address of the insurer. Any physician, hospital, or	39258
other provider of medical services ~~for which medical assistance is~~	39259
~~available under Chapter 5111. of the Revised Code~~covered by the	39260
medicaid program who is notified under this section of the	39261
existence of a health insurance or health care policy, contract,	39262
or plan with coverage for children who are eligible for ~~medical~~	39263
~~assistance~~medicaid shall first bill the insurer for any services	39264
provided for those children. If the insurer fails to pay all or	39265
any part of a claim filed under this section and the services for	39266
which the claim is filed are covered by ~~Chapter 5111. of the~~	39267
~~Revised Code~~the medicaid program, the physician, hospital, or	39268
other medical services provider shall bill the remaining unpaid	39269
costs of the services ~~in accordance with Chapter 5111. of the~~	39270
~~Revised Code~~to the medicaid program.	39271

Sec. 3121.441. (A) Notwithstanding the provisions of this	39272
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	39273
and 5107.20 of the Revised Code providing for the office of child	39274
support in the department of job and family services to collect,	39275
withhold, or deduct spousal support, when a court pursuant to	39276
section 3105.18 or 3105.65 of the Revised Code issues or modifies	39277
an order requiring an obligor to pay spousal support or grants or	39278
modifies a decree of dissolution of marriage incorporating a	39279
separation agreement that provides for spousal support, or at any	39280
time after the issuance, granting, or modification of an order or	39281
decree of that type, the court may permit the obligor to make the	39282
spousal support payments directly to the obligee instead of to the	39283
office if the obligee and the obligor have no minor children born	39284
as a result of their marriage and the obligee has not assigned the	39285
spousal support amounts to the department pursuant to section	39286
~~5101.59 or~~ 5107.20 or 5160.38 of the Revised Code.	39287

(B) A court that permits an obligor to make spousal support	39288
payments directly to the obligee pursuant to division (A) of this	39289
section shall order the obligor to make the spousal support	39290
payments as a check, as a money order, or in any other form that	39291
establishes a clear record of payment.	39292

(C) If a court permits an obligor to make spousal support	39293
payments directly to an obligee pursuant to division (A) of this	39294
section and the obligor is in default in making any spousal	39295
support payment to the obligee, the court, upon motion of the	39296
obligee or on its own motion, may rescind the permission granted	39297
under that division. After the rescission, the court shall	39298
determine the amount of arrearages in the spousal support payments	39299
and order the obligor to make to the office of child support in	39300
the department of job and family services any spousal support	39301
payments that are in arrears and any future spousal support	39302
payments. Upon the issuance of the order of the court under this	39303
division, the provisions of this chapter, Chapters 3119., 3123.,	39304
and 3125., and sections 3770.071 and 5107.20 of the Revised Code	39305
apply with respect to the collection, withholding, or deduction of	39306
the obligor's spousal support payments that are the subject of	39307
that order of the court.	39308

Sec. 3121.89. As used in sections 3121.891 to 3121.8911 of	39309
the Revised Code:	39310

(A) "Contractor" means an individual who provides services to	39311
an employer as an independent contractor for compensation that is	39312
reported as income other than wages and who is an individual, the	39313
sole shareholder of a corporation, or the sole member of a limited	39314
liability company. "Contractor" does not include any of the	39315
following:	39316

(1) An individual performing intelligence or	39317
counterintelligence functions for a state agency if the head of	39318
the agency has determined that reporting pursuant to this section	39319
could endanger the safety of the individual or compromise an	39320
ongoing investigation or intelligence mission;	39321

(2) A professionally licensed person who is providing	39322
services to the employer under that license;	39323

(3) An individual who will receive for the services provided	39324
under the contract compensation of less than two thousand five	39325
hundred dollars per year or a greater amount that the director of	39326
job and family services establishes by rule adopted under section	39327
3121.896 of the Revised Code.	39328

(B) "Employee" means an individual who is employed to provide	39329
services to an employer for compensation that is reported as	39330
income from wages. "Employee" does not include an individual	39331
performing intelligence or counterintelligence functions for a	39332
state agency, if the head of the agency has determined that	39333
reporting pursuant to this section could endanger the safety of	39334
the employee or compromise an ongoing investigation or	39335
intelligence mission.	39336

(C) "Employer" means any person or governmental entity other	39337
than the federal government for which an individual performs any	39338
service, of whatever nature, as the employee or contractor of such	39339
person, except that:	39340

(1) If the person for whom the individual performs services	39341
does not have control of the payment of compensation for the	39342
services, "employer" means the person having control of the	39343
payment of the compensation.	39344

(2) In the case of a person paying compensation on behalf of	39345
a nonresident alien individual, foreign partnership, or foreign	39346
corporation not engaged in trade or business within the United	39347
States, "employer" means the person paying the compensation.	39348

(3) In the case of compensation paid to a contractor,	39349
"employer" does not include any person or entity that lacks a	39350
federal employer identification number.	39351

(D) "Newly hired employee" means either of the following:

39352

(1) An employee who has not previously been employed by the	39353
employer;	39354

(2) An employee who was previously employed by an employer	39355
but has been separated from that prior employment for at least	39356
sixty consecutive days.	39357

(E) "Professionally licensed person" has the same meaning as	39358
in section 2925.01 of the Revised Code.	39359

Sec. 3121.891. (A) Except as provided in division (B) or (C)	39360
of this section, every employer shall make a new hire report to	39361
the department of job and family services regarding ~~the hiring,~~	39362
~~rehiring, or return to work as an~~a newly hired employee or a	39363
contractor of a person who resides, works, or will be assigned to	39364
work in this state to whom the employer anticipates paying	39365
compensation.	39366

(B) An employer with employees or contractors in two or more	39367
states that transmits new hire reports magnetically or	39368
electronically may make the new hire report to another state if	39369
the employer does both of the following:	39370

(1) Notifies the Ohio department of job and family services	39371
and the United States secretary of health and human services in	39372
writing that the employer has designated another state as the	39373
state to which the employer will transmit the report;	39374

(2) Transmits the report to that state in compliance with	39375
federal law.	39376

(C) The department may by rule exempt employers from making	39377
new hire reports on any classification of contractors if the	39378
department determines that exempting the employer will assist the	39379
administration of the new hire reporting requirement.	39380

Sec. 3121.892. (A) An employer shall include all of the	39381
following in each new hire report:	39382

(1) For each employee, the employee's name, address, date of	39383
birth, social security number, and date of hire~~, rehire, or return~~	39384
~~to work~~;	39385

(2) For each contractor, the contractor's name, address,	39386
social security or tax identification number, the date payments	39387
begin, and the length of time the contractor will be performing	39388
services for the employer;	39389

(3) The employer's name, address, and identification number.

39390

(B) The department of job and family services may by rule	39391
require that additional information, specified in the rule, be	39392
included in each new hire report.	39393

Sec. 3121.893. An employer shall make a new hire report for	39394
each newly hired employee or contractor in a manner prescribed by	39395
the department of job and family services. The department may	39396
require that the report include or consist of the submission of a	39397
copy of the United States internal revenue service form W-4	39398
(employee's withholding allowance certificate) for the employee, a	39399
form provided by the department, or any other hiring document or	39400
data storage device or mechanism the department authorizes. An	39401
employer may make the new hire report by mail, fax, magnetic or	39402
electronic means, or other means the department authorizes. If an	39403
employer makes a new hire report by mail, the date of making the	39404
report is the postmark date if the report is mailed in the United	39405
States with first class postage and is addressed as the department	39406
authorizes. An employer shall make the new hire report not later	39407
than twenty days after the date on which the employer hires or	39408
~~rehires~~ an employee ~~or the employee returns to work~~ or the date on	39409
which the employer engages or re-engages the contractor or the	39410
contractor resumes providing services under the contract.	39411

Sec. 3121.898. The department of job and family services	39412
shall use the new hire reports it receives for any of the	39413
following purposes set forth in 42 U.S.C. 653a, as amended,	39414
including:	39415

(A) To locate individuals for the purposes of establishing	39416
paternity and for establishing, modifying, and enforcing child	39417
support orders.	39418

(B) As used in this division, "state agency" means every	39419
department, bureau, board, commission, office, or other organized	39420
body established by the constitution or laws of this state for the	39421
exercise of state government; every entity of county government	39422
that is subject to the rules of a state agency; and every	39423
contractual agent of a state agency.	39424

To make available to any state agency responsible for	39425
administering any of the following programs for purposes of	39426
verifying program eligibility:	39427

(1) Any Title IV-A program as defined in section 5101.80 of	39428
the Revised Code;	39429

(2) The medicaid program ~~authorized by Chapter 5111. of the~~	39430
~~Revised Code~~;	39431

(3) The unemployment compensation program authorized by	39432
Chapter 4141. of the Revised Code;	39433

(4) The supplemental nutrition assistance program authorized	39434
by section 5101.54 of the Revised Code;	39435

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	39436
amended.	39437

(C) The administration of the employment security program	39438
under the director of job and family services.	39439

Sec. 3123.958. The office of child support ~~shall~~may publish	39440
and distribute ~~the first~~a set of posters throughout the state ~~not~~	39441
~~later than October 1, 1992. The office shall publish and~~	39442
~~distribute subsequent sets of posters not less than twice~~	39443
annually.	39444

Sec. 3125.18. A child support enforcement agency shall	39445
administer a Title IV-A program identified under division	39446
(A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised Code that	39447
the department of job and family services provides for the agency	39448
to administer under the department's supervision pursuant to	39449
section 5101.801 of the Revised Code.	39450

Sec. 3125.36. (A) Subject to division (B) of this section,	39451
all support orders that are administered by a child support	39452
enforcement agency designated under section 307.981 of the Revised	39453
Code or former section 2301.35 of the Revised Code and are	39454
eligible for Title IV-D services shall be Title IV-D cases under	39455
Title IV-D of the "Social Security Act." Subject to division (B)	39456
of this section, all obligees of support orders administered by	39457
the agency shall be considered to have filed a signed application	39458
for Title IV-D services.	39459

(B) Except as provided in division (D) of this section, a	39460
court that issues or modifies a support order shall require the	39461
obligee under the order to sign, at the time of the issuance or	39462
modification of the order, an application for Title IV-D services	39463
and to file, as soon as possible, the signed application with the	39464
child support enforcement agency that will administer the order.	39465
The application shall be on a form prescribed by the department of	39466
job and family services. Except as provided in division (D) of	39467
this section, a support order that is administered by a child	39468
support enforcement agency, and that is eligible for Title IV-D	39469
services shall be a Title IV-D case under Title IV-D of the	39470
"Social Security Act" only upon the filing of the signed	39471
application for Title IV-D services.	39472

(C) A child support enforcement agency shall make available	39473
an application for Title IV-D services to all persons requesting a	39474
child support enforcement agency's assistance in an action under	39475
sections 3111.01 to 3111.18 of the Revised Code or in an	39476
administrative proceeding brought to establish a parent and child	39477
relationship, to establish or modify an administrative support	39478
order, or to establish or modify an order to provide health	39479
insurance coverage for the children subject to a support order.	39480

(D) An obligee under a support order who has assigned the	39481
right to the support pursuant to section ~~5101.59 or~~ 5107.20 or	39482
5160.38 of the Revised Code shall not be required to sign an	39483
application for Title IV-D services. The support order shall be	39484
considered a Title IV-D case.	39485

Sec. 3301.07. The state board of education shall exercise	39486
under the acts of the general assembly general supervision of the	39487
system of public education in the state. In addition to the powers	39488
otherwise imposed on the state board under the provisions of law,	39489
the board shall have the powers described in this section.	39490

(A) The state board shall exercise policy forming, planning,	39491
and evaluative functions for the public schools of the state	39492
except as otherwise provided by law.	39493

(B)(1) The state board shall exercise leadership in the	39494
improvement of public education in this state, and administer the	39495
educational policies of this state relating to public schools, and	39496
relating to instruction and instructional material, building and	39497
equipment, transportation of pupils, administrative	39498
responsibilities of school officials and personnel, and finance	39499
and organization of school districts, educational service centers,	39500
and territory. Consultative and advisory services in such matters	39501
shall be provided by the board to school districts and educational	39502
service centers of this state.	39503

(2) The state board also shall develop a standard of	39504
financial reporting which shall be used by each school district	39505
board of education and ~~educational service center~~each governing	39506
board of an educational service center, each governing authority	39507
of a community school established under Chapter 3314., each	39508
governing body of a STEM school established under Chapter 3328.,	39509
and each board of trustees of a college-preparatory boarding	39510
school established under Chapter 3328. of the Revised Code to make	39511
its financial information and annual budgets for each school	39512
building under its control available to the public in a format	39513
understandable by the average citizen. The format shall show,	39514
~~among other things,~~both at the district ~~and educational service~~	39515
~~center level or~~and at the school building level, ~~as determined~~	39516
~~appropriate by the department of education,~~ revenue by source;	39517
expenditures for salaries, wages, and benefits of employees,	39518
showing such amounts separately for classroom teachers, other	39519
employees required to hold licenses issued pursuant to sections	39520
3319.22 to 3319.31 of the Revised Code, and all other employees;	39521
expenditures other than for personnel, by category, including	39522
utilities, textbooks and other educational materials, equipment,	39523
permanent improvements, pupil transportation, extracurricular	39524
athletics, and other extracurricular activities; and per pupil	39525
expenditures. The format shall also include information on total	39526
revenue and expenditures, per pupil revenue, and expenditures for	39527
both classroom and nonclassroom purposes, as defined by the	39528
standards adopted under section 3302.20 of the Revised Code in the	39529
aggregate and for each subgroup of students, as defined by section	39530
3317.40 of the Revised Code, that receives services provided for	39531
by state or federal funding.	39532

(3) Each school district board, governing authority,	39533
governing body, or board of trustees, or its respective designee,	39534
shall annually report, to the department of education, all	39535
financial information required by the standards for financial	39536
reporting, as prescribed by division (B)(2) of this section and	39537
adopted by the state board. The department shall post these	39538
reports in a prominent location on its web site and shall notify	39539
each school when reports are made available.	39540

(C) The state board shall administer and supervise the	39541
allocation and distribution of all state and federal funds for	39542
public school education under the provisions of law, and may	39543
prescribe such systems of accounting as are necessary and proper	39544
to this function. It may require county auditors and treasurers,	39545
boards of education, educational service center governing boards,	39546
treasurers of such boards, teachers, and other school officers and	39547
employees, or other public officers or employees, to file with it	39548
such reports as it may prescribe relating to such funds, or to the	39549
management and condition of such funds.	39550

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	39551
XLVII, and LI of the Revised Code a reference is made to standards	39552
prescribed under this section or division (D) of this section,	39553
that reference shall be construed to refer to the standards	39554
prescribed under division (D)(2) of this section, unless the	39555
context specifically indicates a different meaning or intent.	39556

(2) The state board shall formulate and prescribe minimum	39557
standards to be applied to all elementary and secondary schools in	39558
this state for the purpose of ~~requiring~~providing children access	39559
to a general education of high quality according to the learning	39560
needs of each individual, including students with disabilities,	39561
economically disadvantaged students, limited English proficient	39562
students, and students identified as gifted. Such standards shall	39563
provide adequately for: the licensing of teachers, administrators,	39564
and other professional personnel and their assignment according to	39565
training and qualifications; efficient and effective instructional	39566
materials and equipment, including library facilities; the proper	39567
organization, administration, and supervision of each school,	39568
including regulations for preparing all necessary records and	39569
reports and the preparation of a statement of policies and	39570
objectives for each school; the provision of safe buildings,	39571
grounds, health and sanitary facilities and services; admission of	39572
pupils, and such requirements for their promotion from grade to	39573
grade as will assure that they are capable and prepared for the	39574
level of study to which they are certified; requirements for	39575
graduation; and such other factors as the board finds necessary.	39576

The state board shall base any standards governing the	39577
promotion of students or requirements for graduation on the	39578
ability of students, at any grade level, to earn credits or	39579
advance upon demonstration of mastery of knowledge and skills	39580
through competency-based learning models. Credits of grade level	39581
advancement shall not require a minimum number of days or hours in	39582
a classroom.	39583

The state board shall base any standards governing the	39584
assignment of staff on ensuring each school has a sufficient	39585
number of teachers to ensure a student has an appropriate level of	39586
interaction to meet each student's personal learning goals.	39587

In the formulation and administration of such standards for	39588
nonpublic schools the board shall also consider the particular	39589
needs, methods and objectives of those schools, provided they do	39590
not conflict with the provision of a general education of a high	39591
quality and provided that regular procedures shall be followed for	39592
promotion from grade to grade of pupils who have met the	39593
educational requirements prescribed.	39594

~~In the formulation and administration of such standards as~~	39595
~~they relate to instructional materials and equipment in public~~	39596
~~schools, including library materials, the board shall require that~~	39597
~~the material and equipment be aligned with and promote skills~~	39598
~~expected under the statewide academic standards adopted under~~	39599
~~section 3301.079 of the Revised Code.~~	39600

(3) In addition to the minimum standards required by division	39601
(D)(2) of this section, the state board may formulate and	39602
prescribe the following additional minimum operating standards for	39603
school districts:	39604

(a) Standards for the effective and efficient organization,	39605
administration, and supervision of each school district ~~so that it~~	39606
~~becomes a thinking and learning organization according to~~	39607
~~principles of systems design and collaborative professional~~	39608
~~learning communities research as defined by the superintendent of~~	39609
~~public instruction, including a focus on the personalized and~~	39610
~~individualized needs of each student; a shared responsibility~~	39611
~~among school boards, administrators, faculty, and staff to develop~~	39612
~~a common vision, mission, and set of guiding principles; a shared~~	39613
~~responsibility among school boards, administrators, faculty, and~~	39614
~~staff to engage in a process of collective inquiry, action~~	39615
~~orientation, and experimentation to ensure the academic success of~~	39616
~~all students; commitment to teaching and learning strategies that~~	39617
~~utilize technological tools and emphasize inter-disciplinary,~~	39618
~~real-world, project-based, and technology-oriented learning~~	39619
~~experiences to meet the individual needs of every student;~~with a	39620
commitment to high expectations for every student based on the	39621
learning needs of each individual, including students with	39622
disabilities, economically disadvantaged students, limited English	39623
proficient students, and students identified as gifted, and	39624
commitment to closing the achievement gap without suppressing the	39625
achievement levels of higher achieving students so that all	39626
students achieve core knowledge and skills in accordance with the	39627
statewide academic standards adopted under section 3301.079 of the	39628
Revised Code; ~~commitment to the use of assessments to diagnose~~	39629
~~the needs of each student; effective connections and relationships~~	39630
~~with families and others that support student success; and~~	39631
~~commitment to the use of positive behavior intervention supports~~	39632
~~throughout a district to ensure a safe and secure learning~~	39633
~~environment for all students;~~	39634

(b) Standards for the establishment of business advisory	39635
councils under section 3313.82 of the Revised Code;	39636

39637

~~(i) The~~the effective and efficient organization,	39638
administration, and supervision of each school district building	39639
~~so that it becomes a thinking and learning organization according~~	39640
~~to principles of systems design and collaborative professional~~	39641
~~learning communities research as defined by the state~~	39642
~~superintendent, including a focus on the personalized and~~	39643
~~individualized needs of each student; a shared responsibility~~	39644
~~among building administrators, faculty, and staff to develop a~~	39645
~~common vision, mission, and set of guiding principles; a shared~~	39646
~~responsibility among building administrators, faculty, and staff~~	39647
~~to engage in a process of collective inquiry, action orientation,~~	39648
~~and experimentation to ensure the academic success of all~~	39649
~~students; commitment to job embedded professional development and~~	39650
~~professional mentoring and coaching; established periods of time~~	39651
~~for teachers to pursue planning time for the development of lesson~~	39652
~~plans, professional development, and shared learning; commitment~~	39653
~~to effective management strategies that allow administrators~~	39654
~~reasonable access to classrooms for observation and professional~~	39655
~~development experiences; commitment to teaching and learning~~	39656
~~strategies that utilize technological tools and emphasize~~	39657
~~inter-disciplinary, real-world, project-based, and~~	39658
~~technology-oriented learning experiences to meet the individual~~	39659
~~needs of every student;~~with a commitment to high expectations for	39660
every student based on the learning needs of each individual,	39661
including students with disabilities, economically disadvantaged	39662
students, limited English proficient students, and students	39663
identified as gifted, and commitment to closing the achievement	39664
gap without suppressing the achievement levels of higher achieving	39665
students so that all students achieve core knowledge and skills in	39666
accordance with the statewide academic standards adopted under	39667
section 3301.079 of the Revised Code~~; commitment to the use of~~	39668
~~assessments to diagnose the needs of each student; effective~~	39669
~~connections and relationships with families and others that~~	39670
~~support student success; commitment to the use of positive~~	39671
~~behavior intervention supports throughout the building to ensure a~~	39672
~~safe and secure learning environment for all students;~~	39673

~~(ii) A school building leadership team to coordinate positive~~	39674
~~behavior intervention supports, learning environments, thinking~~	39675
~~and learning systems, collaborative planning, planning time,~~	39676
~~student academic interventions, student extended learning~~	39677
~~opportunities, and other activities identified by the team and~~	39678
~~approved by the district board of education. The team shall~~	39679
~~include the building principal, representatives from each~~	39680
~~collective bargaining unit, a classroom teacher, parents, business~~	39681
~~representatives, and others that support student success~~.	39682

(E) The state board may require as part of the health	39683
curriculum information developed under section 2108.34 of the	39684
Revised Code promoting the donation of anatomical gifts pursuant	39685
to Chapter 2108. of the Revised Code and may provide the	39686
information to high schools, educational service centers, and	39687
joint vocational school district boards of education;	39688

(F) The state board shall prepare and submit annually to the	39689
governor and the general assembly a report on the status, needs,	39690
and major problems of the public schools of the state, with	39691
recommendations for necessary legislative action and a ten-year	39692
projection of the state's public and nonpublic school enrollment,	39693
by year and by grade level.	39694

(G) The state board shall prepare and submit to the director	39695
of budget and management the biennial budgetary requests of the	39696
state board of education, for its agencies and for the public	39697
schools of the state.	39698

(H) The state board shall cooperate with federal, state, and	39699
local agencies concerned with the health and welfare of children	39700
and youth of the state.	39701

(I) The state board shall require such reports from school	39702
districts and educational service centers, school officers, and	39703
employees as are necessary and desirable. The superintendents and	39704
treasurers of school districts and educational service centers	39705
shall certify as to the accuracy of all reports required by law or	39706
state board or state department of education rules to be submitted	39707
by the district or educational service center and which contain	39708
information necessary for calculation of state funding. Any	39709
superintendent who knowingly falsifies such report shall be	39710
subject to license revocation pursuant to section 3319.31 of the	39711
Revised Code.	39712

(J) In accordance with Chapter 119. of the Revised Code, the	39713
state board shall adopt procedures, standards, and guidelines for	39714
the education of children with disabilities pursuant to Chapter	39715
3323. of the Revised Code, including procedures, standards, and	39716
guidelines governing programs and services operated by county	39717
boards of developmental disabilities pursuant to section 3323.09	39718
of the Revised Code.	39719

(K) For the purpose of encouraging the development of special	39720
programs of education for academically gifted children, the state	39721
board shall employ competent persons to analyze and publish data,	39722
promote research, advise and counsel with boards of education, and	39723
encourage the training of teachers in the special instruction of	39724
gifted children. The board may provide financial assistance out of	39725
any funds appropriated for this purpose to boards of education and	39726
educational service center governing boards for developing and	39727
conducting programs of education for academically gifted children.	39728

(L) The state board shall require that all public schools	39729
emphasize and encourage, within existing units of study, the	39730
teaching of energy and resource conservation as recommended to	39731
each district board of education by leading business persons	39732
involved in energy production and conservation, beginning in the	39733
primary grades.	39734

(M) The state board shall formulate and prescribe minimum	39735
standards requiring the use of phonics as a technique in the	39736
teaching of reading in grades kindergarten through three. In	39737
addition, the state board shall provide in-service training	39738
programs for teachers on the use of phonics as a technique in the	39739
teaching of reading in grades kindergarten through three.	39740

(N) The state board may adopt rules necessary for carrying	39741
out any function imposed on it by law, and may provide rules as	39742
are necessary for its government and the government of its	39743
employees, and may delegate to the superintendent of public	39744
instruction the management and administration of any function	39745
imposed on it by law. It may provide for the appointment of board	39746
members to serve on temporary committees established by the board	39747
for such purposes as are necessary. Permanent or standing	39748
committees shall not be created.	39749

(O) Upon application from the board of education of a school	39750
district, the superintendent of public instruction may issue a	39751
waiver exempting the district from compliance with the standards	39752
adopted under divisions (B)(2) and (D) of this section, as they	39753
relate to the operation of a school operated by the district. The	39754
state board shall adopt standards for the approval or disapproval	39755
of waivers under this division. The state superintendent shall	39756
consider every application for a waiver, and shall determine	39757
whether to grant or deny a waiver in accordance with the state	39758
board's standards. For each waiver granted, the state	39759
superintendent shall specify the period of time during which the	39760
waiver is in effect, which shall not exceed five years. A district	39761
board may apply to renew a waiver.	39762

Sec. 3301.0714. (A) The state board of education shall adopt	39763
rules for a statewide education management information system. The	39764
rules shall require the state board to establish guidelines for	39765
the establishment and maintenance of the system in accordance with	39766
this section and the rules adopted under this section. The	39767
guidelines shall include:	39768

(1) Standards identifying and defining the types of data in	39769
the system in accordance with divisions (B) and (C) of this	39770
section;	39771

(2) Procedures for annually collecting and reporting the data	39772
to the state board in accordance with division (D) of this	39773
section;	39774

(3) Procedures for annually compiling the data in accordance	39775
with division (G) of this section;	39776

(4) Procedures for annually reporting the data to the public	39777
in accordance with division (H) of this section.	39778

(B) The guidelines adopted under this section shall require	39779
the data maintained in the education management information system	39780
to include at least the following:	39781

(1) Student participation and performance data, for each	39782
grade in each school district as a whole and for each grade in	39783
each school building in each school district, that includes:	39784

(a) The numbers of students receiving each category of	39785
instructional service offered by the school district, such as	39786
regular education instruction, vocational education instruction,	39787
specialized instruction programs or enrichment instruction that is	39788
part of the educational curriculum, instruction for gifted	39789
students, instruction for students with disabilities, and remedial	39790
instruction. The guidelines shall require instructional services	39791
under this division to be divided into discrete categories if an	39792
instructional service is limited to a specific subject, a specific	39793
type of student, or both, such as regular instructional services	39794
in mathematics, remedial reading instructional services,	39795
instructional services specifically for students gifted in	39796
mathematics or some other subject area, or instructional services	39797
for students with a specific type of disability. The categories of	39798
instructional services required by the guidelines under this	39799
division shall be the same as the categories of instructional	39800
services used in determining cost units pursuant to division	39801
(C)(3) of this section.	39802

(b) The numbers of students receiving support or	39803
extracurricular services for each of the support services or	39804
extracurricular programs offered by the school district, such as	39805
counseling services, health services, and extracurricular sports	39806
and fine arts programs. The categories of services required by the	39807
guidelines under this division shall be the same as the categories	39808
of services used in determining cost units pursuant to division	39809
(C)(4)(a) of this section.	39810

(c) Average student grades in each subject in grades nine	39811
through twelve;	39812

(d) Academic achievement levels as assessed under sections	39813
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	39814

(e) The number of students designated as having a disabling	39815
condition pursuant to division (C)(1) of section 3301.0711 of the	39816
Revised Code;	39817

(f) The numbers of students reported to the state board	39818
pursuant to division (C)(2) of section 3301.0711 of the Revised	39819
Code;	39820

(g) Attendance rates and the average daily attendance for the	39821
year. For purposes of this division, a student shall be counted as	39822
present for any field trip that is approved by the school	39823
administration.	39824

(h) Expulsion rates;

39825

(i) Suspension rates;

39826

(j) Dropout rates;

39827

(k) Rates of retention in grade;

39828

(l) For pupils in grades nine through twelve, the average	39829
number of carnegie units, as calculated in accordance with state	39830
board of education rules;	39831

(m) Graduation rates, to be calculated in a manner specified	39832
by the department of education that reflects the rate at which	39833
students who were in the ninth grade three years prior to the	39834
current year complete school and that is consistent with	39835
nationally accepted reporting requirements;	39836

(n) Results of diagnostic assessments administered to	39837
kindergarten students as required under section 3301.0715 of the	39838
Revised Code to permit a comparison of the academic readiness of	39839
kindergarten students. However, no district shall be required to	39840
report to the department the results of any diagnostic assessment	39841
administered to a kindergarten student if the parent of that	39842
student requests the district not to report those results.	39843

(2) Personnel and classroom enrollment data for each school	39844
district, including:	39845

(a) The total numbers of licensed employees and nonlicensed	39846
employees and the numbers of full-time equivalent licensed	39847
employees and nonlicensed employees providing each category of	39848
instructional service, instructional support service, and	39849
administrative support service used pursuant to division (C)(3) of	39850
this section. The guidelines adopted under this section shall	39851
require these categories of data to be maintained for the school	39852
district as a whole and, wherever applicable, for each grade in	39853
the school district as a whole, for each school building as a	39854
whole, and for each grade in each school building.	39855

(b) The total number of employees and the number of full-time	39856
equivalent employees providing each category of service used	39857
pursuant to divisions (C)(4)(a) and (b) of this section, and the	39858
total numbers of licensed employees and nonlicensed employees and	39859
the numbers of full-time equivalent licensed employees and	39860
nonlicensed employees providing each category used pursuant to	39861
division (C)(4)(c) of this section. The guidelines adopted under	39862
this section shall require these categories of data to be	39863
maintained for the school district as a whole and, wherever	39864
applicable, for each grade in the school district as a whole, for	39865
each school building as a whole, and for each grade in each school	39866
building.	39867

(c) The total number of regular classroom teachers teaching	39868
classes of regular education and the average number of pupils	39869
enrolled in each such class, in each of grades kindergarten	39870
through five in the district as a whole and in each school	39871
building in the school district.	39872

(d) The number of lead teachers employed by each school	39873
district and each school building.	39874

(3)(a) Student demographic data for each school district,	39875
including information regarding the gender ratio of the school	39876
district's pupils, the racial make-up of the school district's	39877
pupils, the number of limited English proficient students in the	39878
district, and an appropriate measure of the number of the school	39879
district's pupils who reside in economically disadvantaged	39880
households. The demographic data shall be collected in a manner to	39881
allow correlation with data collected under division (B)(1) of	39882
this section. Categories for data collected pursuant to division	39883
(B)(3) of this section shall conform, where appropriate, to	39884
standard practices of agencies of the federal government.	39885

(b) With respect to each student entering kindergarten,	39886
whether the student previously participated in a public preschool	39887
program, a private preschool program, or a head start program, and	39888
the number of years the student participated in each of these	39889
programs.	39890

(4) Any data required to be collected pursuant to federal	39891
law.	39892

(C) The education management information system shall include	39893
cost accounting data for each district as a whole and for each	39894
school building in each school district. The guidelines adopted	39895
under this section shall require the cost data for each school	39896
district to be maintained in a system of mutually exclusive cost	39897
units and shall require all of the costs of each school district	39898
to be divided among the cost units. The guidelines shall require	39899
the system of mutually exclusive cost units to include at least	39900
the following:	39901

(1) Administrative costs for the school district as a whole.	39902
The guidelines shall require the cost units under this division	39903
(C)(1) to be designed so that each of them may be compiled and	39904
reported in terms of average expenditure per pupil in formula ADM	39905
in the school district, as determined pursuant to section 3317.03	39906
of the Revised Code.	39907

(2) Administrative costs for each school building in the	39908
school district. The guidelines shall require the cost units under	39909
this division (C)(2) to be designed so that each of them may be	39910
compiled and reported in terms of average expenditure per	39911
full-time equivalent pupil receiving instructional or support	39912
services in each building.	39913

(3) Instructional services costs for each category of	39914
instructional service provided directly to students and required	39915
by guidelines adopted pursuant to division (B)(1)(a) of this	39916
section. The guidelines shall require the cost units under	39917
division (C)(3) of this section to be designed so that each of	39918
them may be compiled and reported in terms of average expenditure	39919
per pupil receiving the service in the school district as a whole	39920
and average expenditure per pupil receiving the service in each	39921
building in the school district and in terms of a total cost for	39922
each category of service and, as a breakdown of the total cost, a	39923
cost for each of the following components:	39924

(a) The cost of each instructional services category required	39925
by guidelines adopted under division (B)(1)(a) of this section	39926
that is provided directly to students by a classroom teacher;	39927

(b) The cost of the instructional support services, such as	39928
services provided by a speech-language pathologist, classroom	39929
aide, multimedia aide, or librarian, provided directly to students	39930
in conjunction with each instructional services category;	39931

(c) The cost of the administrative support services related	39932
to each instructional services category, such as the cost of	39933
personnel that develop the curriculum for the instructional	39934
services category and the cost of personnel supervising or	39935
coordinating the delivery of the instructional services category.	39936

(4) Support or extracurricular services costs for each	39937
category of service directly provided to students and required by	39938
guidelines adopted pursuant to division (B)(1)(b) of this section.	39939
The guidelines shall require the cost units under division (C)(4)	39940
of this section to be designed so that each of them may be	39941
compiled and reported in terms of average expenditure per pupil	39942
receiving the service in the school district as a whole and	39943
average expenditure per pupil receiving the service in each	39944
building in the school district and in terms of a total cost for	39945
each category of service and, as a breakdown of the total cost, a	39946
cost for each of the following components:	39947

(a) The cost of each support or extracurricular services	39948
category required by guidelines adopted under division (B)(1)(b)	39949
of this section that is provided directly to students by a	39950
licensed employee, such as services provided by a guidance	39951
counselor or any services provided by a licensed employee under a	39952
supplemental contract;	39953

(b) The cost of each such services category provided directly	39954
to students by a nonlicensed employee, such as janitorial	39955
services, cafeteria services, or services of a sports trainer;	39956

(c) The cost of the administrative services related to each	39957
services category in division (C)(4)(a) or (b) of this section,	39958
such as the cost of any licensed or nonlicensed employees that	39959
develop, supervise, coordinate, or otherwise are involved in	39960
administering or aiding the delivery of each services category.	39961

(D)(1) The guidelines adopted under this section shall	39962
require school districts to collect information about individual	39963
students, staff members, or both in connection with any data	39964
required by division (B) or (C) of this section or other reporting	39965
requirements established in the Revised Code. The guidelines may	39966
also require school districts to report information about	39967
individual staff members in connection with any data required by	39968
division (B) or (C) of this section or other reporting	39969
requirements established in the Revised Code. The guidelines shall	39970
not authorize school districts to request social security numbers	39971
of individual students. The guidelines shall prohibit the	39972
reporting under this section of a student's name, address, and	39973
social security number to the state board of education or the	39974
department of education. The guidelines shall also prohibit the	39975
reporting under this section of any personally identifiable	39976
information about any student, except for the purpose of assigning	39977
the data verification code required by division (D)(2) of this	39978
section, to any other person unless such person is employed by the	39979
school district or the information technology center operated	39980
under section 3301.075 of the Revised Code and is authorized by	39981
the district or technology center to have access to such	39982
information or is employed by an entity with which the department	39983
contracts for the scoring or the development of state assessments.	39984
The guidelines may require school districts to provide the social	39985
security numbers of individual staff members and the county of	39986
residence for a student. Nothing in this section prohibits the	39987
state board of education or department of education from providing	39988
a student's county of residence to the department of taxation to	39989
facilitate the distribution of tax revenue.	39990

(2)(a) The guidelines shall provide for each school district	39991
or community school to assign a data verification code that is	39992
unique on a statewide basis over time to each student whose	39993
initial Ohio enrollment is in that district or school and to	39994
report all required individual student data for that student	39995
utilizing such code. The guidelines shall also provide for	39996
assigning data verification codes to all students enrolled in	39997
districts or community schools on the effective date of the	39998
guidelines established under this section. The assignment of data	39999
verification codes for other entities, as described in division	40000
(D)(2)(c) of this section, the use of those codes, and the	40001
reporting and use of associated individual student data shall be	40002
coordinated by the department in accordance with state and federal	40003
law.	40004

School districts shall report individual student data to the	40005
department through the information technology centers utilizing	40006
the code. The entities described in division (D)(2)(c) of this	40007
section shall report individual student data to the department in	40008
the manner prescribed by the department.	40009

Except as provided in sections 3301.941, 3310.11, 3310.42,	40010
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	40011
shall the state board or the department have access to information	40012
that would enable any data verification code to be matched to	40013
personally identifiable student data.	40014

(b) Each school district and community school shall ensure	40015
that the data verification code is included in the student's	40016
records reported to any subsequent school district, community	40017
school, or state institution of higher education, as defined in	40018
section 3345.011 of the Revised Code, in which the student	40019
enrolls. Any such subsequent district or school shall utilize the	40020
same identifier in its reporting of data under this section.	40021

(c) The director of any state agency that administers a	40022
publicly funded program providing services to children who are	40023
younger than compulsory school age, as defined in section 3321.01	40024
of the Revised Code, including the directors of health, job and	40025
family services, ~~mental health~~mental health and addiction	40026
services, and developmental disabilities, shall request and	40027
receive, pursuant to sections 3301.0723 and 3701.62 of the Revised	40028
Code, a data verification code for a child who is receiving those	40029
services.	40030

(E) The guidelines adopted under this section may require	40031
school districts to collect and report data, information, or	40032
reports other than that described in divisions (A), (B), and (C)	40033
of this section for the purpose of complying with other reporting	40034
requirements established in the Revised Code. The other data,	40035
information, or reports may be maintained in the education	40036
management information system but are not required to be compiled	40037
as part of the profile formats required under division (G) of this	40038
section or the annual statewide report required under division (H)	40039
of this section.	40040

(F) Beginning with the school year that begins July 1, 1991,	40041
the board of education of each school district shall annually	40042
collect and report to the state board, in accordance with the	40043
guidelines established by the board, the data required pursuant to	40044
this section. A school district may collect and report these data	40045
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	40046

(G) The state board shall, in accordance with the procedures	40047
it adopts, annually compile the data reported by each school	40048
district pursuant to division (D) of this section. The state board	40049
shall design formats for profiling each school district as a whole	40050
and each school building within each district and shall compile	40051
the data in accordance with these formats. These profile formats	40052
shall:	40053

(1) Include all of the data gathered under this section in a	40054
manner that facilitates comparison among school districts and	40055
among school buildings within each school district;	40056

(2) Present the data on academic achievement levels as	40057
assessed by the testing of student achievement maintained pursuant	40058
to division (B)(1)(d) of this section.	40059

(H)(1) The state board shall, in accordance with the	40060
procedures it adopts, annually prepare a statewide report for all	40061
school districts and the general public that includes the profile	40062
of each of the school districts developed pursuant to division (G)	40063
of this section. Copies of the report shall be sent to each school	40064
district.	40065

(2) The state board shall, in accordance with the procedures	40066
it adopts, annually prepare an individual report for each school	40067
district and the general public that includes the profiles of each	40068
of the school buildings in that school district developed pursuant	40069
to division (G) of this section. Copies of the report shall be	40070
sent to the superintendent of the district and to each member of	40071
the district board of education.	40072

(3) Copies of the reports received from the state board under	40073
divisions (H)(1) and (2) of this section shall be made available	40074
to the general public at each school district's offices. Each	40075
district board of education shall make copies of each report	40076
available to any person upon request and payment of a reasonable	40077
fee for the cost of reproducing the report. The board shall	40078
annually publish in a newspaper of general circulation in the	40079
school district, at least twice during the two weeks prior to the	40080
week in which the reports will first be available, a notice	40081
containing the address where the reports are available and the	40082
date on which the reports will be available.	40083

(I) Any data that is collected or maintained pursuant to this	40084
section and that identifies an individual pupil is not a public	40085
record for the purposes of section 149.43 of the Revised Code.	40086

(J) As used in this section:

40087

(1) "School district" means any city, local, exempted	40088
village, or joint vocational school district and, in accordance	40089
with section 3314.17 of the Revised Code, any community school. As	40090
used in division (L) of this section, "school district" also	40091
includes any educational service center or other educational	40092
entity required to submit data using the system established under	40093
this section.	40094

(2) "Cost" means any expenditure for operating expenses made	40095
by a school district excluding any expenditures for debt	40096
retirement except for payments made to any commercial lending	40097
institution for any loan approved pursuant to section 3313.483 of	40098
the Revised Code.	40099

(K) Any person who removes data from the information system	40100
established under this section for the purpose of releasing it to	40101
any person not entitled under law to have access to such	40102
information is subject to section 2913.42 of the Revised Code	40103
prohibiting tampering with data.	40104

(L)(1) In accordance with division (L)(2) of this section and	40105
the rules adopted under division (L)(10) of this section, the	40106
department of education may sanction any school district that	40107
reports incomplete or inaccurate data, reports data that does not	40108
conform to data requirements and descriptions published by the	40109
department, fails to report data in a timely manner, or otherwise	40110
does not make a good faith effort to report data as required by	40111
this section.	40112

(2) If the department decides to sanction a school district	40113
under this division, the department shall take the following	40114
sequential actions:	40115

(a) Notify the district in writing that the department has	40116
determined that data has not been reported as required under this	40117
section and require the district to review its data submission and	40118
submit corrected data by a deadline established by the department.	40119
The department also may require the district to develop a	40120
corrective action plan, which shall include provisions for the	40121
district to provide mandatory staff training on data reporting	40122
procedures.	40123

(b) Withhold up to ten per cent of the total amount of state	40124
funds due to the district for the current fiscal year and, if not	40125
previously required under division (L)(2)(a) of this section,	40126
require the district to develop a corrective action plan in	40127
accordance with that division;	40128

(c) Withhold an additional amount of up to twenty per cent of	40129
the total amount of state funds due to the district for the	40130
current fiscal year;	40131

(d) Direct department staff or an outside entity to	40132
investigate the district's data reporting practices and make	40133
recommendations for subsequent actions. The recommendations may	40134
include one or more of the following actions:	40135

(i) Arrange for an audit of the district's data reporting	40136
practices by department staff or an outside entity;	40137

(ii) Conduct a site visit and evaluation of the district;

40138

(iii) Withhold an additional amount of up to thirty per cent	40139
of the total amount of state funds due to the district for the	40140
current fiscal year;	40141

(iv) Continue monitoring the district's data reporting;

40142

(v) Assign department staff to supervise the district's data	40143
management system;	40144

(vi) Conduct an investigation to determine whether to suspend	40145
or revoke the license of any district employee in accordance with	40146
division (N) of this section;	40147

(vii) If the district is issued a report card under section	40148
3302.03 of the Revised Code, indicate on the report card that the	40149
district has been sanctioned for failing to report data as	40150
required by this section;	40151

(viii) If the district is issued a report card under section	40152
3302.03 of the Revised Code and incomplete or inaccurate data	40153
submitted by the district likely caused the district to receive a	40154
higher performance rating than it deserved under that section,	40155
issue a revised report card for the district;	40156

(ix) Any other action designed to correct the district's data	40157
reporting problems.	40158

(3) Any time the department takes an action against a school	40159
district under division (L)(2) of this section, the department	40160
shall make a report of the circumstances that prompted the action.	40161
The department shall send a copy of the report to the district	40162
superintendent or chief administrator and maintain a copy of the	40163
report in its files.	40164

(4) If any action taken under division (L)(2) of this section	40165
resolves a school district's data reporting problems to the	40166
department's satisfaction, the department shall not take any	40167
further actions described by that division. If the department	40168
withheld funds from the district under that division, the	40169
department may release those funds to the district, except that if	40170
the department withheld funding under division (L)(2)(c) of this	40171
section, the department shall not release the funds withheld under	40172
division (L)(2)(b) of this section and, if the department withheld	40173
funding under division (L)(2)(d) of this section, the department	40174
shall not release the funds withheld under division (L)(2)(b) or	40175
(c) of this section.	40176

(5) Notwithstanding anything in this section to the contrary,	40177
the department may use its own staff or an outside entity to	40178
conduct an audit of a school district's data reporting practices	40179
any time the department has reason to believe the district has not	40180
made a good faith effort to report data as required by this	40181
section. If any audit conducted by an outside entity under	40182
division (L)(2)(d)(i) or (5) of this section confirms that a	40183
district has not made a good faith effort to report data as	40184
required by this section, the district shall reimburse the	40185
department for the full cost of the audit. The department may	40186
withhold state funds due to the district for this purpose.	40187

(6) Prior to issuing a revised report card for a school	40188
district under division (L)(2)(d)(viii) of this section, the	40189
department may hold a hearing to provide the district with an	40190
opportunity to demonstrate that it made a good faith effort to	40191
report data as required by this section. The hearing shall be	40192
conducted by a referee appointed by the department. Based on the	40193
information provided in the hearing, the referee shall recommend	40194
whether the department should issue a revised report card for the	40195
district. If the referee affirms the department's contention that	40196
the district did not make a good faith effort to report data as	40197
required by this section, the district shall bear the full cost of	40198
conducting the hearing and of issuing any revised report card.	40199

(7) If the department determines that any inaccurate data	40200
reported under this section caused a school district to receive	40201
excess state funds in any fiscal year, the district shall	40202
reimburse the department an amount equal to the excess funds, in	40203
accordance with a payment schedule determined by the department.	40204
The department may withhold state funds due to the district for	40205
this purpose.	40206

(8) Any school district that has funds withheld under	40207
division (L)(2) of this section may appeal the withholding in	40208
accordance with Chapter 119. of the Revised Code.	40209

(9) In all cases of a disagreement between the department and	40210
a school district regarding the appropriateness of an action taken	40211
under division (L)(2) of this section, the burden of proof shall	40212
be on the district to demonstrate that it made a good faith effort	40213
to report data as required by this section.	40214

(10) The state board of education shall adopt rules under	40215
Chapter 119. of the Revised Code to implement division (L) of this	40216
section.	40217

(M) No information technology center or school district shall	40218
acquire, change, or update its student administration software	40219
package to manage and report data required to be reported to the	40220
department unless it converts to a student software package that	40221
is certified by the department.	40222

(N) The state board of education, in accordance with sections	40223
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	40224
license as defined under division (A) of section 3319.31 of the	40225
Revised Code that has been issued to any school district employee	40226
found to have willfully reported erroneous, inaccurate, or	40227
incomplete data to the education management information system.	40228

(O) No person shall release or maintain any information about	40229
any student in violation of this section. Whoever violates this	40230
division is guilty of a misdemeanor of the fourth degree.	40231

(P) The department shall disaggregate the data collected	40232
under division (B)(1)(n) of this section according to the race and	40233
socioeconomic status of the students assessed. No data collected	40234
under that division shall be included on the report cards required	40235
by section 3302.03 of the Revised Code.	40236

(Q) If the department cannot compile any of the information	40237
required by division (H) of section 3302.03 of the Revised Code	40238
based upon the data collected under this section, the department	40239
shall develop a plan and a reasonable timeline for the collection	40240
of any data necessary to comply with that division.	40241

Sec. 3301.0715. (A) Except as otherwise required under	40242
division (B)(1) of section 3313.608 of the Revised Code, the board	40243
of education of each city, local, and exempted village school	40244
district shall administer each applicable diagnostic assessment	40245
developed and provided to the district in accordance with section	40246
3301.079 of the Revised Code to the following:	40247

(1) Any student who transfers into the district or to a	40248
different school within the district if each applicable diagnostic	40249
assessment was not administered by the district or school the	40250
student previously attended in the current school year, within	40251
thirty days after the date of transfer. If the district or school	40252
into which the student transfers cannot determine whether the	40253
student has taken any applicable diagnostic assessment in the	40254
current school year, the district or school may administer the	40255
diagnostic assessment to the student.	40256

(2) ~~Each~~(a) Prior to July 1, 2014, each kindergarten	40257
student, not earlier than four weeks prior to the first day of	40258
school and not later than the first day of October. ~~For~~	40259

(b) Beginning July 1, 2014, each kindergarten student, not	40260
earlier than the first day of the school year and not later than	40261
the first day of November, except that the language and reading	40262
skills portion of the assessment shall be administered by the	40263
thirtieth day of September to fulfill the requirements of division	40264
(B) of section 3313.608 of the Revised Code.	40265

For the purpose of division (A)(2) of this section, the	40266
district shall administer the kindergarten readiness assessment	40267
provided by the department of education. In no case shall the	40268
results of the readiness assessment be used to prohibit a student	40269
from enrolling in kindergarten.	40270

(3) Each student enrolled in first, second, or third grade.

40271

(B) Each district board shall administer each diagnostic	40272
assessment when the board deems appropriate, provided the	40273
administration complies with section 3313.608 of the Revised Code.	40274
However, the board shall administer any diagnostic assessment at	40275
least once annually to all students in the appropriate grade	40276
level. A district board may administer any diagnostic assessment	40277
in the fall and spring of a school year to measure the amount of	40278
academic growth attributable to the instruction received by	40279
students during that school year.	40280

(C) Any district that received an excellent or effective	40281
rating for the immediately preceding school year, pursuant to	40282
section 3302.03 of the Revised Code as it existed prior to ~~the~~	40283
~~effective date of this amendment~~March 22, 2013, or the equivalent	40284
of such rating as determined by the department of education, may	40285
use different diagnostic assessments from those adopted under	40286
division (D) of section 3301.079 of the Revised Code in order to	40287
satisfy the requirements of division (A)(2) of this section.	40288

(D) Each district board shall utilize and score any	40289
diagnostic assessment administered under division (A) of this	40290
section in accordance with rules established by the department.	40291
After the administration of any diagnostic assessment, each	40292
district shall provide a student's completed diagnostic	40293
assessment, the results of such assessment, and any other	40294
accompanying documents used during the administration of the	40295
assessment to the parent of that student, and shall include all	40296
such documents and information in any plan developed for the	40297
student under division (C) of section 3313.608 of the Revised	40298
Code. Each district shall submit to the department, in the manner	40299
the department prescribes, the results of the diagnostic	40300
assessments administered under this section, regardless of the	40301
type of assessment used under section 3313.608 of the Revised	40302
Code. The department may issue reports with respect to the data	40303
collected.	40304

(E) Each district board shall provide intervention services	40305
to students whose diagnostic assessments show that they are	40306
failing to make satisfactory progress toward attaining the	40307
academic standards for their grade level.	40308

Sec. 3301.0723. (A) The independent contractor engaged by	40309
the department of education to create and maintain for school	40310
districts and community schools the student data verification	40311
codes required by division (D)(2) of section 3301.0714 of the	40312
Revised Code, upon request of the director of any state agency	40313
that administers a publicly funded program providing services to	40314
children who are younger than compulsory school age, as defined in	40315
section 3321.01 of the Revised Code, including the directors of	40316
health, job and family services, ~~mental health~~mental health and	40317
addiction services, and developmental disabilities, shall assign a	40318
data verification code to a child who is receiving such services	40319
and shall provide that code to the director. The contractor also	40320
shall provide that code to the department of education.	40321

(B) The director of a state agency that receives a child's	40322
data verification code under division (A) of this section shall	40323
use that code to submit information for that child to the	40324
department of education in accordance with section 3301.0714 of	40325
the Revised Code.	40326

(C) A public school that receives from the independent	40327
contractor the data verification code for a child assigned under	40328
division (A) of this section shall not request or assign to that	40329
child another data verification code under division (D)(2) of	40330
section 3301.0714 of the Revised Code. That school and any other	40331
public school in which the child subsequently enrolls shall use	40332
the data verification code assigned under division (A) of this	40333
section to report data relative to that student required under	40334
section 3301.0714 of the Revised Code.	40335

Sec. 3301.15. The state board of education or its authorized	40336
representatives may inspect all institutions under the control of	40337
the department of job and family services, the department of	40338
~~mental health~~mental health and addiction services, the department	40339
of developmental disabilities, and the department of	40340
rehabilitation and correction which employ teachers, and may make	40341
a report on the teaching, discipline, and school equipment in	40342
these institutions to the director of job and family services, the	40343
director of ~~mental health~~mental health and addiction services,	40344
the director of developmental disabilities, the director of	40345
rehabilitation and correction, and the governor.	40346

Sec. 3301.80. (A) The preparing students for education	40347
success grant program is established. Under the program, the	40348
superintendent of public instruction shall award grants to	40349
nonprofit corporations that are exempt from federal income	40350
taxation under 26 U.S.C. 501(c)(3) of the Internal Revenue Code,	40351
that provide charitable services to needy residents of this state,	40352
and that meet the following requirements:	40353

(1) The nonprofit corporation has at least two locations in	40354
the state that provide after-school programming for youth eighteen	40355
years of age or younger that holistically address areas affecting	40356
student academic success; and	40357

(2) The nonprofit corporation provides evidence that the	40358
students who served in the corporation's after-school programs	40359
have shown academic improvement.	40360

(B) A nonprofit corporation may apply for a grant under this	40361
section on the form prescribed by the superintendent.	40362

(C) The superintendent may award grants to qualified	40363
nonprofit corporations that submit an application that conveys a	40364
credible plan to use grant money for the following purposes:	40365

(1) To establish new after-school programs that will serve a	40366
high concentration of youth eighteen years of age or younger; and	40367

(2) To provide innovative, comprehensive after-school	40368
programs that improve educational outcomes and simultaneously	40369
reduce barriers to academic success through targeted programming	40370
that provides literacy achievement, homework assistance, tutoring,	40371
and high-yield learning activities, as well as character and	40372
self-esteem building that contribute to academic success and	40373
graduation completion, and a comprehensive health and wellness	40374
program.	40375

(D) The superintendent shall do anything necessary and proper	40376
to administer the grant program, including the prescription of an	40377
application form, the establishment of application deadlines, a	40378
schedule for evaluating applications received, criteria for	40379
selecting grantees, and a process to notify successful and	40380
unsuccessful applicants.	40381

(E) The preparing students for education success fund is	40382
created in the state treasury. All moneys deposited into the fund	40383
shall be disbursed as grants under division (C) of this section.	40384

(F) Each grant recipient shall submit an annual report that	40385
provides a detailed accounting of the use of the grant money to	40386
the superintendent and the general assembly.	40387

Sec. 3302.01. As used in this chapter:

40388

(A) "Performance index score" means the average of the totals	40389
derived from calculations for each subject area of English	40390
language arts, mathematics, science, and social studies of the	40391
weighted proportion of untested students and students scoring at	40392
each level of skill described in division (A)(2) of section	40393
3301.0710 of the Revised Code on the assessments prescribed by	40394
divisions (A) and (B)(1) of that section. The department of	40395
education shall assign weights such that students who do not take	40396
an assessment receive a weight of zero and students who take an	40397
assessment receive progressively larger weights dependent upon the	40398
level of skill attained on the assessment. The department shall	40399
assign additional weights to students who have been permitted to	40400
pass over a subject in accordance with a student acceleration	40401
policy adopted under section 3324.10 of the Revised Code. If such	40402
a student attains the proficient score prescribed under division	40403
(A)(2)(c) of section 3301.0710 of the Revised Code or higher on an	40404
assessment, the department shall assign the student the weight	40405
prescribed for the next higher scoring level. If such a student	40406
attains the advanced score, prescribed under division (A)(2)(a) of	40407
section 3301.0710 of the Revised Code, on an assessment, the	40408
department shall assign to the student an additional proportional	40409
weight, as approved by the state board. For each school year that	40410
such a student's score is included in the performance index score	40411
and the student attains the proficient score on an assessment,	40412
that additional weight shall be assigned to the student on a	40413
subject-by-subject basis.	40414

Students shall be included in the "performance index score"	40415
in accordance with division (K)(2) of section 3302.03 of the	40416
Revised Code.	40417

(B) "Subgroup" means a subset of the entire student	40418
population of the state, a school district, or a school building	40419
and includes each of the following:	40420

(1) Major racial and ethnic groups;

40421

(2) Students with disabilities;

40422

(3) Economically disadvantaged students;

40423

(4) Limited English proficient students;

40424

(5) Students identified as gifted in superior cognitive	40425
ability and specific academic ability fields under Chapter 3324.	40426
of the Revised Code. For students who are gifted in specific	40427
academic ability fields, the department shall use data for those	40428
students with specific academic ability in math and reading. If	40429
any other academic field is assessed, the department shall also	40430
include data for students with specific academic ability in that	40431
field.	40432

(6) Students in the lowest quintile for achievement	40433
statewide, as determined by a method prescribed by the state board	40434
of education.	40435

(C) "No Child Left Behind Act of 2001" includes the statutes	40436
codified at 20 U.S.C. 6301 et seq. and any amendments, waivers, or	40437
both thereto, rules and regulations promulgated pursuant to those	40438
statutes, guidance documents, and any other policy directives	40439
regarding implementation of that act issued by the United States	40440
department of education.	40441

(D) "Adequate yearly progress" means a measure of annual	40442
academic performance as calculated in accordance with the "No	40443
Child Left Behind Act of 2001."	40444

(E) "Supplemental educational services" means additional	40445
academic assistance, such as tutoring, remediation, or other	40446
educational enrichment activities, that is conducted outside of	40447
the regular school day by a provider approved by the department in	40448
accordance with the "No Child Left Behind Act of 2001."	40449

(F) "Value-added progress dimension" means a measure of	40450
academic gain for a student or group of students over a specific	40451
period of time that is calculated by applying a statistical	40452
methodology to individual student achievement data derived from	40453
the achievement assessments prescribed by section 3301.0710 of the	40454
Revised Code. The "value-added progress dimension" shall be	40455
developed and implemented in accordance with section 3302.021 of	40456
the Revised Code.	40457

(G)(1) "Four-year adjusted cohort graduation rate" means the	40458
number of students who graduate in four years or less with a	40459
regular high school diploma divided by the number of students who	40460
form the adjusted cohort for the graduating class.	40461

(2) "Five-year adjusted cohort graduation rate" means the	40462
number of students who graduate in five years with a regular high	40463
school diploma divided by the number of students who form the	40464
adjusted cohort for the four-year graduation rate.	40465

(H) "State institution of higher education" has the same	40466
meaning as in section 3345.011 of the Revised Code.	40467

(I) "Annual measurable objectives" means a measure of student	40468
progress determined in accordance with an agreement between the	40469
department of education and the United States department of	40470
education.	40471

Sec. 3302.03. Annually, not later than the fifteenth day of	40472
September or the preceding Friday when that day falls on a	40473
Saturday or Sunday, the department of education shall assign a	40474
letter grade for overall academic performance and for each	40475
separate performance measure for each school district, and each	40476
school building in a district, in accordance with this section.	40477
The state board shall adopt rules pursuant to Chapter 119. of the	40478
Revised Code to establish performance criteria for each letter	40479
grade and prescribe a method by which the department assigns each	40480
letter grade. For a school building to which any of the	40481
performance measures do not apply, due to grade levels served by	40482
the building, the state board shall designate the performance	40483
measures that are applicable to the building and that must be	40484
calculated separately and used to calculate the building's overall	40485
grade. The department shall issue annual report cards reflecting	40486
the performance of each school district, each building within each	40487
district, and for the state as a whole using the performance	40488
measures and letter grade system described in this section. The	40489
department shall include on the report card for each district and	40490
each building within each district the most recent two-year trend	40491
data in student achievement for each subject and each grade.	40492

(A)(1) For the 2012-2013 school year, the department shall	40493
issue grades as described in division (E) of this section for each	40494
of the following performance measures:	40495

(a) Annual measurable objectives;

40496

(b) Performance index score for a school district or	40497
building. Grades shall be awarded as a percentage of the total	40498
possible points on the performance index system as adopted by the	40499
state board. In adopting benchmarks for assigning letter grades	40500
under division (A)(1)(b) of this section, the state board of	40501
education shall designate ninety per cent or higher for an "A," at	40502
least seventy per cent but not more than eighty per cent for a	40503
"C," and less than fifty per cent for an "F."	40504

(c) The extent to which the school district or building meets	40505
each of the applicable performance indicators established by the	40506
state board under section 3302.02 of the Revised Code and the	40507
percentage of applicable performance indicators that have been	40508
achieved. In adopting benchmarks for assigning letter grades under	40509
division (A)(1)(c) of this section, the state board shall	40510
designate ninety per cent or higher for an "A."	40511

(d) The four- and five-year adjusted cohort graduation rates.

40512

In adopting benchmarks for assigning letter grades under	40513
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	40514
department shall designate a four-year adjusted cohort graduation	40515
rate of ninety-three per cent or higher for an "A" and a five-year	40516
cohort graduation rate of ninety-five per cent or higher for an	40517
"A."	40518

(e) The overall score under the value-added progress	40519
dimension of a school district or building, for which the	40520
department shall use up to three years of value-added data as	40521
available. The letter grade assigned for this growth measure shall	40522
be as follows:	40523

(i) A score that is at least two standard errors of measure	40524
above the mean score shall be designated as an "A."	40525

(ii) A score that is at least one standard error of measure	40526
but less than two standard errors of measure above the mean score	40527
shall be designated as a "B."	40528

(iii) A score that is less than one standard error of measure	40529
above the mean score but greater than or equal to one standard	40530
error of measure below the mean score shall be designated as a	40531
"C."	40532

(iv) A score that is not greater than one standard error of	40533
measure below the mean score but is greater than or equal to two	40534
standard errors of measure below the mean score shall be	40535
designated as a "D."	40536

(v) A score that is not greater than two standard errors of	40537
measure below the mean score shall be designated as an "F."	40538

Whenever the value-added progress dimension is used as a	40539
graded performance measure, whether as an overall measure or as a	40540
measure of separate subgroups, the grades for the measure shall be	40541
calculated in the same manner as prescribed in division (A)(1)(e)	40542
of this section.	40543

(f) The value-added progress dimension score for a school	40544
district or building disaggregated for each of the following	40545
subgroups: students identified as gifted, students with	40546
disabilities, and students whose performance places them in the	40547
lowest quintile for achievement on a statewide basis. Each	40548
subgroup shall be a separate graded measure.	40549

(2) Not later than April 30, 2013, the state board of	40550
education shall adopt a resolution describing the performance	40551
measures, benchmarks, and grading system for the 2012-2013 school	40552
year and, not later than June 30, 2013, shall adopt rules in	40553
accordance with Chapter 119. of the Revised Code that prescribe	40554
the methods by which the performance measures under division	40555
(A)(1) of this section shall be assessed and assigned a letter	40556
grade, including performance benchmarks for each letter grade.	40557

At least forty-five days prior to the state board's adoption	40558
of rules to prescribe the methods by which the performance	40559
measures under division (A)(1) of this section shall be assessed	40560
and assigned a letter grade, the department shall conduct a public	40561
presentation before the standing committees of the house of	40562
representatives and the senate that consider education legislation	40563
describing such methods, including performance benchmarks.	40564

(3) There shall not be an overall letter grade for a school	40565
district or building for the 2012-2013 school year.	40566

(B)(1) For the 2013-2014 school year, the department shall	40567
issue grades as described in division (E) of this section for each	40568
of the following performance measures:	40569

(a) Annual measurable objectives;

40570

(b) Performance index score for a school district or	40571
building. Grades shall be awarded as a percentage of the total	40572
possible points on the performance index system as created by the	40573
department. In adopting benchmarks for assigning letter grades	40574
under division (B)(1)(b) of this section, the state board shall	40575
designate ninety per cent or higher for an "A," at least seventy	40576
per cent but not more than eighty per cent for a "C," and less	40577
than fifty per cent for an "F."	40578

(c) The extent to which the school district or building meets	40579
each of the applicable performance indicators established by the	40580
state board under section 3302.03 of the Revised Code and the	40581
percentage of applicable performance indicators that have been	40582
achieved. In adopting benchmarks for assigning letter grades under	40583
division (B)(1)(c) of this section, the state board shall	40584
designate ninety per cent or higher for an "A."	40585

(d) The four- and five-year adjusted cohort graduation rates;

40586

(e) The overall score under the value-added progress	40587
dimension of a school district or building, for which the	40588
department shall use up to three years of value-added data as	40589
available.	40590

(f) The value-added progress dimension score for a school	40591
district or building disaggregated for each of the following	40592
subgroups: students identified as gifted in superior cognitive	40593
ability and specific academic ability fields under Chapter 3324.	40594
of the Revised Code, students with disabilities, and students	40595
whose performance places them in the lowest quintile for	40596
achievement on a statewide basis. Each subgroup shall be a	40597
separate graded measure.	40598

(g) Whether a school district or building is making progress	40599
in improving literacy in grades kindergarten through three, as	40600
determined using a method prescribed by the state board. The state	40601
board shall adopt rules to prescribe benchmarks and standards for	40602
assigning grades to districts and buildings for purposes of	40603
division (B)(1)(j) of this section. In adopting benchmarks for	40604
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	40605
this section, the state board shall determine progress made based	40606
on the reduction in the percentage of students scoring below grade	40607
level, or below proficient, compared from year to year on the	40608
English language arts diagnostic assessments administered under	40609
section 3301.0715 of the Revised Code and the third grade English	40610
language arts assessment under section 3301.0710 of the Revised	40611
Code, as applicable. The state board shall designate for a "C"	40612
grade a value that is not lower than the statewide average value	40613
for this measure. No grade shall be issued under divisions	40614
(B)(1)(g) and (C)(1)(j) of this section for a district or building	40615
in which less than five per cent of students have scored below	40616
grade level on the diagnostic assessment administered to students	40617
in kindergarten under division (B)(1) of section 3313.608 of the	40618
Revised Code.	40619

(2) In addition to the graded measures in division (B)(1) of	40620
this section, the department shall include on a school district's	40621
or building's report card all of the following without an assigned	40622
letter grade:	40623

(a) The percentage of students enrolled in a district or	40624
building participating in advanced placement classes and the	40625
percentage of those students who received a score of three or	40626
better on advanced placement examinations;	40627

(b) The number of a district's or building's students who	40628
have earned at least three college credits through dual enrollment	40629
programs, such as the post-secondary enrollment options program	40630
under Chapter 3365. of the Revised Code and state-approved	40631
career-technical courses offered through dual enrollment or	40632
statewide articulation, that appear on a student's transcript or	40633
other official document, either of which is issued by the	40634
institution of higher education from which the student earned the	40635
college credit. The credits earned that are reported under	40636
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	40637
include any that are remedial or developmental and shall include	40638
those that count toward the curriculum requirements established	40639
for completion of a degree.	40640

(c) The percentage of students enrolled in a district or	40641
building who have taken a national standardized test used for	40642
college admission determinations and the percentage of those	40643
students who are determined to be remediation-free in accordance	40644
with standards adopted under division (F) of section 3345.061 of	40645
the Revised Code;	40646

(d) The percentage of the district's or the building's	40647
students who receive industry credentials. The state board shall	40648
adopt criteria for acceptable industry credentials.	40649

(e) The percentage of students enrolled in a district or	40650
building who are participating in an international baccalaureate	40651
program and the percentage of those students who receive a score	40652
of four or better on the international baccalaureate examinations.	40653

(f) The percentage of the district's or building's students	40654
who receive an honors diploma under division (B) of section	40655
3313.61 of the Revised Code.	40656

(3) Not later than December 31, 2013, the state board shall	40657
adopt rules in accordance with Chapter 119. of the Revised Code	40658
that prescribe the methods by which the performance measures under	40659
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	40660
and assigned a letter grade, including performance benchmarks for	40661
each grade.	40662

At least forty-five days prior to the state board's adoption	40663
of rules to prescribe the methods by which the performance	40664
measures under division (B)(1) of this section shall be assessed	40665
and assigned a letter grade, the department shall conduct a public	40666
presentation before the standing committees of the house of	40667
representatives and the senate that consider education legislation	40668
describing such methods, including performance benchmarks.	40669

(4) There shall not be an overall letter grade for a school	40670
district or building for the 2013-2014 school year.	40671

(C)(1) For the 2014-2015 school year and each school year	40672
thereafter, the department shall issue grades as described in	40673
division (E) of this section for each of the following performance	40674
measures and an overall letter grade based on an aggregate of	40675
those measures:	40676

(a) Annual measurable objectives;

40677

(b) Performance index score for a school district or	40678
building. Grades shall be awarded as a percentage of the total	40679
possible points on the performance index system as created by the	40680
department. In adopting benchmarks for assigning letter grades	40681
under division (C)(1)(b) of this section, the state board shall	40682
designate ninety per cent or higher for an "A," at least seventy	40683
per cent but not more than eighty per cent for a "C," and less	40684
than fifty per cent for an "F."	40685

(c) The extent to which the school district or building meets	40686
each of the applicable performance indicators established by the	40687
state board under section 3302.03 of the Revised Code and the	40688
percentage of applicable performance indicators that have been	40689
achieved. In adopting benchmarks for assigning letter grades under	40690
division (C)(1)(c) of this section, the state board shall	40691
designate ninety per cent or higher for an "A."	40692

(d) The four- and five-year adjusted cohort graduation rates;

40693

(e) The overall score under the value-added progress	40694
dimension, or another measure of student academic progress if	40695
adopted by the state board, of a school district or building, for	40696
which the department shall use up to three years of value-added	40697
data as available.	40698

In adopting benchmarks for assigning letter grades for	40699
overall score on value-added progress dimension under division	40700
(C)(1)(e) of this section, the state board shall prohibit the	40701
assigning of a grade of "A" for that measure unless the district's	40702
or building's grade assigned for value-added progress dimension	40703
for all subgroups under division (C)(1)(i) of this section is a	40704
"B" or higher.	40705

For the metric prescribed by division (C)(1)(e) of this	40706
section, the state board may adopt a student academic progress	40707
measure to be used instead of the value-added progress dimension.	40708
If the state board adopts such a measure, it also shall prescribe	40709
a method for assigning letter grades for the new measure that is	40710
comparable to the method prescribed in division (A)(1)(e) of this	40711
section.	40712

(f) The value-added progress dimension score of a school	40713
district or building disaggregated for each of the following	40714
subgroups: students identified as gifted in superior cognitive	40715
ability and specific academic ability fields under Chapter 3324.	40716
of the Revised Code, students with disabilities, and students	40717
whose performance places them in the lowest quintile for	40718
achievement on a statewide basis, as determined by a method	40719
prescribed by the state board. Each subgroup shall be a separate	40720
graded measure.	40721

The state board may adopt student academic progress measures	40722
to be used instead of the value-added progress dimension. If the	40723
state board adopts such measures, it also shall prescribe a method	40724
for assigning letter grades for the new measures that is	40725
comparable to the method prescribed in division (A)(1)(e) of this	40726
section.	40727

(g) Whether a school district or building is making progress	40728
in improving literacy in grades kindergarten through three, as	40729
determined using a method prescribed by the state board. The state	40730
board shall adopt rules to prescribe benchmarks and standards for	40731
assigning grades to a district or building for purposes of	40732
division (C)(1)(j) of this section. The state board shall	40733
designate for a "C" grade a value that is not lower than the	40734
statewide average value for this measure. No grade shall be issued	40735
under division (C)(1)(g) of this section for a district or	40736
building in which less than five per cent of students have scored	40737
below grade level on the kindergarten diagnostic assessment under	40738
division (B)(1) of section 3313.608 of the Revised Code.	40739

(2) In addition to the graded measures in division (C)(1) of	40740
this section, the department shall include on a school district's	40741
or building's report card all of the following without an assigned	40742
letter grade:	40743

(a) The percentage of students enrolled in a district or	40744
building who have taken a national standardized test used for	40745
college admission determinations and the percentage of those	40746
students who are determined to be remediation-free in accordance	40747
with the standards adopted under division (F) of section 3345.061	40748
of the Revised Code;	40749

(b) The percentage of students enrolled in a district or	40750
building participating in advanced placement classes and the	40751
percentage of those students who received a score of three or	40752
better on advanced placement examinations;	40753

(c) The number of a district's or building's students who	40754
have earned at least three college credits through dual enrollment	40755
programs, such as the post-secondary enrollment options program	40756
under Chapter 3365. of the Revised Code and state-approved	40757
career-technical courses offered through dual enrollment or	40758
statewide articulation, that appear on a student's transcript or	40759
other official document, either of which is issued by the	40760
institution of higher education from which the student earned the	40761
college credit. The credits earned that are reported under	40762
divisions (B)(2)(b) and (C)(2)(c) of this section shall not	40763
include any that are remedial or developmental and shall include	40764
those that count toward the curriculum requirements established	40765
for completion of a degree.	40766

(d) The percentage of the district's or building's students	40767
who receive an honor's diploma under division (B) of section	40768
3313.61 of the Revised Code;	40769

(e) The percentage of the district's or building's students	40770
who receive industry credentials;	40771

(f) The percentage of students enrolled in a district or	40772
building who are participating in an international baccalaureate	40773
program and the percentage of those students who receive a score	40774
of four or better on the international baccalaureate examinations;	40775

(g) The results of the college and career-ready assessments	40776
administered under division (B)(1) of section 3301.0712 of the	40777
Revised Code.	40778

(3) The state board shall adopt rules pursuant to Chapter	40779
119. of the Revised Code that establish a method to assign an	40780
overall grade for a school district or school building for the	40781
2014-2015 school year and each school year thereafter. The rules	40782
shall group the performance measures in divisions (C)(1) and (2)	40783
of this section into the following components:	40784

(a) Gap closing, which shall include the performance measure	40785
in division (C)(1)(a) of this section;	40786

(b) Achievement, which shall include the performance measures	40787
in divisions (C)(1)(b) and (c) of this section;	40788

(c) Progress, which shall include the performance measures in	40789
divisions (C)(1)(e) and (i) of this section;	40790

(d) Graduation, which shall include the performance measure	40791
in division (C)(1)(d) of this section;	40792

(e) Kindergarten through third-grade literacy, which shall	40793
include the performance measure in division (C)(1)(k) of this	40794
section;	40795

(f) Prepared for success, which shall include the performance	40796
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	40797
this section. The state board shall develop a method to determine	40798
a grade for the component in division (C)(3)(f) of this section	40799
using the performance measures in divisions (C)(2)(a), (b), (c),	40800
(d), (e), and (f) of this section. When available, the state board	40801
may incorporate the performance measure under division (C)(2)(g)	40802
of this section into the component under division (C)(3)(f) of	40803
this section. When determining the overall grade for the prepared	40804
for success component prescribed by division (C)(3)(f) of this	40805
section, no individual student shall be counted in more than one	40806
performance measure. However, if a student qualifies for more than	40807
one performance measure in the component, the state board may, in	40808
its method to determine a grade for the component, specify an	40809
additional weight for such a student that is not greater than or	40810
equal to 1.0. In determining the overall score under division	40811
(C)(3)(f) of this section, the state board shall ensure that the	40812
pool of students included in the performance measures aggregated	40813
under that division are all of the students included in the four-	40814
and five-year adjusted graduation cohort.	40815

In the rules adopted under division (C)(3) of this section,	40816
the state board shall adopt a method for determining a grade for	40817
each component in divisions (C)(3)(a) to (f) of this section. The	40818
state board also shall establish a method to assign an overall	40819
grade of "A," "B," "C," "D," or "F" using the grades assigned for	40820
each component. The method the state board adopts for assigning an	40821
overall grade shall give equal weight to the components in	40822
divisions (C)(3)(b) and (c) of this section.	40823

At least forty-five days prior to the state board's adoption	40824
of rules to prescribe the methods for calculating the overall	40825
grade for the report card, as required by this division, the	40826
department shall conduct a public presentation before the standing	40827
committees of the house of representatives and the senate that	40828
consider education legislation describing the format for the	40829
report card, weights that will be assigned to the components of	40830
the overall grade, and the method for calculating the overall	40831
grade.	40832

(D) Not later than July 1, 2015, the state board shall	40833
develop a measure of student academic progress for high school	40834
students. Beginning with the report card for the 2015-2016 school	40835
year, each school district and applicable school building shall be	40836
assigned a separate letter grade for this measure and the	40837
district's or building's grade for that measure shall be included	40838
in determining the district's or building's overall letter grade.	40839
This measure shall be included within the measure prescribed in	40840
division (C)(2)(c) of this section in the calculation for the	40841
overall letter grade.	40842

(E) The letter grades assigned to a school district or	40843
building under this section shall be as follows:	40844

(1) "A" for a district or school making excellent progress;

40845

(2) "B" for a district or school making above average	40846
progress;	40847

(3) "C" for a district or school making average progress;

40848

(4) "D" for a district or school making below average	40849
progress;	40850

(5) "F" for a district or school failing to meet minimum	40851
progress.	40852

(F) When reporting data on student achievement and progress,	40853
the department shall disaggregate that data according to the	40854
following categories:	40855

(1) Performance of students by grade-level;

40856

(2) Performance of students by race and ethnic group;

40857

(3) Performance of students by gender;

40858

(4) Performance of students grouped by those who have been	40859
enrolled in a district or school for three or more years;	40860

(5) Performance of students grouped by those who have been	40861
enrolled in a district or school for more than one year and less	40862
than three years;	40863

(6) Performance of students grouped by those who have been	40864
enrolled in a district or school for one year or less;	40865

(7) Performance of students grouped by those who are	40866
economically disadvantaged;	40867

(8) Performance of students grouped by those who are enrolled	40868
in a conversion community school established under Chapter 3314.	40869
of the Revised Code;	40870

(9) Performance of students grouped by those who are	40871
classified as limited English proficient;	40872

(10) Performance of students grouped by those who have	40873
disabilities;	40874

(11) Performance of students grouped by those who are	40875
classified as migrants;	40876

(12) Performance of students grouped by those who are	40877
identified as gifted in superior cognitive ability and the	40878
specific academic ability fields of reading and math pursuant to	40879
Chapter 3324. of the Revised Code. In disaggregating specific	40880
academic ability fields for gifted students, the department shall	40881
use data for those students with specific academic ability in math	40882
and reading. If any other academic field is assessed, the	40883
department shall also include data for students with specific	40884
academic ability in that field as well.	40885

(13) Performance of students grouped by those who perform in	40886
the lowest quintile for achievement on a statewide basis, as	40887
determined by a method prescribed by the state board.	40888

The department may disaggregate data on student performance	40889
according to other categories that the department determines are	40890
appropriate. To the extent possible, the department shall	40891
disaggregate data on student performance according to any	40892
combinations of two or more of the categories listed in divisions	40893
(F)(1) to (13) of this section that it deems relevant.	40894

In reporting data pursuant to division (F) of this section,	40895
the department shall not include in the report cards any data	40896
statistical in nature that is statistically unreliable or that	40897
could result in the identification of individual students. For	40898
this purpose, the department shall not report student performance	40899
data for any group identified in division (F) of this section that	40900
contains less than ten students. If the department does not report	40901
student performance data for a group because it contains less than	40902
ten students, the department shall indicate on the report card	40903
that is why data was not reported.	40904

(G) The department may include with the report cards any	40905
additional education and fiscal performance data it deems	40906
valuable.	40907

(H) The department shall include on each report card a list	40908
of additional information collected by the department that is	40909
available regarding the district or building for which the report	40910
card is issued. When available, such additional information shall	40911
include student mobility data disaggregated by race and	40912
socioeconomic status, college enrollment data, and the reports	40913
prepared under section 3302.031 of the Revised Code.	40914

The department shall maintain a site on the world wide web.	40915
The report card shall include the address of the site and shall	40916
specify that such additional information is available to the	40917
public at that site. The department shall also provide a copy of	40918
each item on the list to the superintendent of each school	40919
district. The district superintendent shall provide a copy of any	40920
item on the list to anyone who requests it.	40921

(I) Division (I) of this section does not apply to conversion	40922
community schools that primarily enroll students between sixteen	40923
and twenty-two years of age who dropped out of high school or are	40924
at risk of dropping out of high school due to poor attendance,	40925
disciplinary problems, or suspensions.	40926

(1) For any district that sponsors a conversion community	40927
school under Chapter 3314. of the Revised Code, the department	40928
shall combine data regarding the academic performance of students	40929
enrolled in the community school with comparable data from the	40930
schools of the district for the purpose of determining the	40931
performance of the district as a whole on the report card issued	40932
for the district under this section or section 3302.033 of the	40933
Revised Code.	40934

(2) Any district that leases a building to a community school	40935
located in the district or that enters into an agreement with a	40936
community school located in the district whereby the district and	40937
the school endorse each other's programs may elect to have data	40938
regarding the academic performance of students enrolled in the	40939
community school combined with comparable data from the schools of	40940
the district for the purpose of determining the performance of the	40941
district as a whole on the district report card. Any district that	40942
so elects shall annually file a copy of the lease or agreement	40943
with the department.	40944

(3) Any municipal school district, as defined in section	40945
3311.71 of the Revised Code, that sponsors a community school	40946
located within the district's territory, or that enters into an	40947
agreement with a community school located within the district's	40948
territory whereby the district and the community school endorse	40949
each other's programs, may exercise either or both of the	40950
following elections:	40951

(a) To have data regarding the academic performance of	40952
students enrolled in that community school combined with	40953
comparable data from the schools of the district for the purpose	40954
of determining the performance of the district as a whole on the	40955
district's report card;	40956

(b) To have the number of students attending that community	40957
school noted separately on the district's report card.	40958

The election authorized under division (I)(3)(a) of this	40959
section is subject to approval by the governing authority of the	40960
community school.	40961

Any municipal school district that exercises an election to	40962
combine or include data under division (I)(3) of this section, by	40963
the first day of October of each year, shall file with the	40964
department documentation indicating eligibility for that election,	40965
as required by the department.	40966

(J) The department shall include on each report card the	40967
percentage of teachers in the district or building who are highly	40968
qualified, as defined by the "No Child Left Behind Act of 2001,"	40969
and a comparison of that percentage with the percentages of such	40970
teachers in similar districts and buildings.	40971

(K)(1) In calculating English language arts, mathematics,	40972
social studies, or science assessment passage rates used to	40973
determine school district or building performance under this	40974
section, the department shall include all students taking an	40975
assessment with accommodation or to whom an alternate assessment	40976
is administered pursuant to division (C)(1) or (3) of section	40977
3301.0711 of the Revised Code.	40978

(2) In calculating performance index scores, rates of	40979
achievement on the performance indicators established by the state	40980
board under section 3302.02 of the Revised Code, and annual	40981
measurable objectives for determining adequate yearly progress for	40982
school districts and buildings under this section, the department	40983
shall do all of the following:	40984

(a) Include for each district or building only those students	40985
who are included in the ADM certified for the first full school	40986
week of October and are continuously enrolled in the district or	40987
building through the time of the spring administration of any	40988
assessment prescribed by division (A)(1) or (B)(1) of section	40989
3301.0710 of the Revised Code that is administered to the	40990
student's grade level;	40991

(b) Include cumulative totals from both the fall and spring	40992
administrations of the third grade English language arts	40993
achievement assessment;	40994

(c) Except as required by the "No Child Left Behind Act of	40995
2001," exclude for each district or building any limited English	40996
proficient student who has been enrolled in United States schools	40997
for less than one full school year.	40998

(L) Beginning with the 2015-2016 school year and at least	40999
once every three years thereafter, the state board of education	41000
shall review and may adjust the benchmarks for assigning letter	41001
grades to the performance measures and components prescribed under	41002
divisions (C)(3) and (D) of this section.	41003

Sec. 3302.22. (A) The governor's effective and efficient	41004
schools recognition program is hereby created. Each year, the	41005
governor shall recognize, in a manner deemed appropriate by the	41006
governor, the top ten per cent of all public schools in this	41007
state, including ~~schools of~~ city, exempted village, and local	41008
school districts, or joint vocational school districts, community	41009
schools established under Chapter 3314. ~~of the Revised Code~~, and	41010
STEM schools established under Chapter 3326. of the Revised Code.	41011

(B) The top ten per cent of schools shall be determined by	41012
the department of education according to standards established by	41013
the department, in consultation with the governor's office of 21st	41014
century education. The standards for recognition for each type of	41015
school may vary depending upon the unique characteristics of that	41016
type of school. The standards shall include, but need not be	41017
limited to, both of the following, provided that sufficient data	41018
is available for each school:	41019

(1) Student performance, as determined by factors ~~including~~	41020
that may include, but not be limited to, performance indicators	41021
under section 3302.02 of the Revised Code, report cards issued	41022
under section 3302.03 of the Revised Code, performance index score	41023
rankings under section 3302.21 of the Revised Code, and any other	41024
statewide or national assessment or student performance	41025
recognition program the department selects;	41026

(2) Fiscal performance, ~~including~~which may include	41027
cost-effective measures taken by the school.	41028

(C) If applicable, the standards under divisions (B)(1) and	41029
(2) of this section may be applied at the school building or	41030
district level, depending upon the quality and availability of	41031
data.	41032

Sec. 3302.26. (A) As used in this section:

41033

(1) "Expenditure per equivalent pupils" is the total	41034
operating expenditures of a school district divided by the measure	41035
of equivalent pupils.	41036

(2) "Measure of equivalent pupils" is the total number of	41037
students in a school district adjusted for the relative	41038
differences in costs associated with the unique characteristics	41039
and needs of each category of pupil.	41040

(B) The department of education shall create a performance	41041
management section on the department's public web site. The	41042
performance management section shall include information on	41043
academic and financial performance metrics for each school	41044
district to assist schools and districts in providing an effective	41045
and efficient delivery of educational services. The section shall	41046
include a graph that illustrates the relationship between a	41047
district's academic performance, as measured by the performance	41048
index score, and its expenditure per equivalent pupils as compared	41049
to similar districts. The section shall include statistics of	41050
academic and financial performance measures for each school	41051
district to allow for a comparison and benchmarking between	41052
districts.	41053

(C) The department may contract with an independent	41054
organization to develop and host the performance management	41055
section of its web site.	41056

Sec. 3304.231. There is hereby created a brain injury	41057
advisory committee, which shall advise the administrator of the	41058
rehabilitation services commission and the brain injury program	41059
with regard to unmet needs of survivors of brain injury,	41060
development of programs for survivors and their families,	41061
establishment of training programs for health care professionals,	41062
and any other matter within the province of the brain injury	41063
program. The committee shall consist of not fewer than ~~twenty~~	41064
nineteen and not more than ~~twenty-two~~twenty-one members as	41065
follows:	41066

(A) Not fewer than ten and not more than twelve members	41067
appointed by the administrator of the rehabilitation services	41068
commission, including all of the following: a survivor of brain	41069
injury, a relative of a survivor of brain injury, a licensed	41070
physician recommended by the Ohio chapter of the American college	41071
of emergency physicians, a licensed physician recommended by the	41072
Ohio state medical association, one other health care	41073
professional, a rehabilitation professional, an individual who	41074
represents the brain injury association of Ohio, and not fewer	41075
than three nor more than five individuals who shall represent the	41076
public;	41077

(B) The directors of the departments of health, ~~alcohol and~~	41078
~~drug addiction services~~mental health and drug addiction services,	41079
developmental disabilities, ~~mental health, job and family~~	41080
~~services,~~ aging, and public safety; the medicaid director; the	41081
administrator of workers' compensation; the superintendent of	41082
public instruction; and the administrator of the rehabilitation	41083
services commission. Any of the officials specified in this	41084
division may designate an individual to serve in the official's	41085
place as a member of the committee.	41086

Terms of office of the appointed members shall be two years.	41087
Members may be reappointed. Vacancies shall be filled in the	41088
manner provided for original appointments. Any member appointed to	41089
fill a vacancy occurring prior to the expiration date of the term	41090
for which the member's predecessor was appointed shall hold office	41091
as a member for the remainder of that term.	41092

Members of the committee shall serve without compensation,	41093
but shall be reimbursed for actual and necessary expenses incurred	41094
in the performance of their duties.	41095

Sec. 3305.03. (A) The Ohio board of regents shall designate	41096
the entities that are eligible to provide investment options under	41097
alternative retirement plans maintained by public institutions of	41098
higher education. The board shall accept and review applications	41099
from entities seeking designation as a vendor. The board shall not	41100
designate an entity as a vendor unless the entity meets the	41101
requirements described in division (B) of this section.	41102

(B) To be eligible for designation as a vendor, an entity	41103
must meet both of the following requirements:	41104

(1) The entity must be authorized to conduct business in this	41105
state with regard to the investment options to be offered under an	41106
alternative retirement plan maintained by a public institution of	41107
higher education.	41108

(2) The entity must ~~offer~~meet one of the following	41109
requirements:	41110

(a) Have provided investment options for not less than ten	41111
years under alternative retirement plans maintained by public	41112
institutions of higher education in this state;	41113

(b) Offer the same or similar investment options under	41114
alternative retirement plans, optional retirement plans, or	41115
similar types of plans with respect to which all of the following	41116
apply:	41117

~~(a)~~(i) The plans are defined contribution plans that are	41118
qualified plans under Internal Revenue Code 401(a) or 403(b).	41119

~~(b)~~(ii) The plans are maintained by institutions of higher	41120
education in at least ten other states.	41121

~~(c)~~(iii) The plans are established as primary retirement	41122
plans that are alternatives to or a component of the applicable	41123
state retirement system.	41124

(C) In determining whether to designate an entity as a	41125
vendor, the board of regents shall identify, consider, and	41126
evaluate all of the following:	41127

(1) The experience of the entity in providing in this state	41128
or other states investment options under alternative retirement	41129
plans, optional retirement plans, or similar types of plans that	41130
meet the requirements of division (B)(2)(a) or (b) of this	41131
section, as applicable;	41132

(2) The potential effectiveness of the entity in recruiting	41133
eligible employees to select that entity for purposes of	41134
participating in an alternative retirement plan and in retaining	41135
those employees' accounts;	41136

(3) Whether the entity intends to offer a broad range of	41137
investment options to the electing employees;	41138

(4) The suitability of the investment options to the needs	41139
and interests of the electing employees and their beneficiaries;	41140

(5) The capability of the entity to offer sufficient	41141
information to the electing employees and their beneficiaries to	41142
make informed decisions with regard to investment options offered	41143
by the entity;	41144

(6) The capability of the entity to perform in a manner that	41145
is in the best interests of the electing employees and their	41146
beneficiaries;	41147

(7) The fees and expenses associated with the entity's	41148
investment options and the manner in which the entity intends to	41149
disclose those fees and expenses;	41150

(8) The rights and benefits to be provided under the	41151
investment options;	41152

(9) The capability of the entity to provide the rights and	41153
benefits under the investment options;	41154

(10) Comments submitted by a public institution of higher	41155
education under section 3305.031 of the Revised Code;	41156

(11) Any other matters the board of regents considers	41157
relevant.	41158

(D) The board of regents shall conduct periodic reviews of	41159
each entity designated as a vendor and the investment options	41160
being offered to ensure that the requirements and purposes of this	41161
chapter are being met. The reviews of a vendor shall occur not	41162
less frequently than once every three years.	41163

If it finds that the vendor is not in compliance with the	41164
requirements of this chapter or the vendor is not satisfactorily	41165
meeting the purposes of this chapter, the board shall rescind the	41166
vendor's designation.	41167

(E) Notwithstanding sections 125.01 to 125.11 of the Revised	41168
Code, designation of a vendor or the execution of any agreement	41169
under this chapter is not subject to competitive bidding under	41170
those sections.	41171

Sec. 3307.51. (A) The state teachers retirement board shall	41172
have prepared annually by or under the supervision of an actuary	41173
an actuarial valuation of the pension assets, liabilities, and	41174
funding requirements of the STRS defined benefit plan. The actuary	41175
shall complete the valuation in accordance with actuarial	41176
standards of practice promulgated by the actuarial standards board	41177
of the American academy of actuaries and prepare a report of the	41178
valuation. The report shall include all of the following:	41179

(1) A summary of the benefit provisions evaluated;

41180

(2) A summary of the census data and financial information	41181
used in the valuation;	41182

(3) A description of the actuarial assumptions, actuarial	41183
cost method, and asset valuation method used in the valuation,	41184
including a statement of the assumed rate of payroll growth and	41185
assumed rate of growth or decline in the number of members	41186
contributing to the retirement system;	41187

(4) A summary of findings that includes a statement of the	41188
actuarial accrued pension liabilities and unfunded actuarial	41189
accrued pension liabilities;	41190

(5) A schedule showing the effect of any changes in the	41191
benefit provisions, actuarial assumptions, or cost methods since	41192
the last annual actuarial valuation;	41193

(6) A statement of whether contributions to the retirement	41194
system are expected to be sufficient to satisfy the funding	41195
objectives established by the board.	41196

The board shall submit the report to the Ohio retirement	41197
study council, the director of budget and management, and the	41198
standing committees of the house of representatives and the senate	41199
with primary responsibility for retirement legislation immediately	41200
upon its availability and not later than the first day of January	41201
following the year for which the valuation was made.	41202

(B) At such times as the state teachers retirement board	41203
determines, and at least once in each quinquennial period, the	41204
board shall have prepared by or under the supervision of an	41205
actuary an actuarial investigation of the mortality, service, and	41206
other experience of the members, retirants, and beneficiaries of	41207
the system, and other system retirants as defined in section	41208
3307.35 of the Revised Code to update the actuarial assumptions	41209
used in the actuarial valuation required by division (A) of this	41210
section. The actuary shall prepare a report of the actuarial	41211
investigation. The report shall be prepared and any recommended	41212
changes in actuarial assumptions shall be made in accordance with	41213
the actuarial standards of practice promulgated by the actuarial	41214
standards board of the American academy of actuaries. The report	41215
shall include all of the following:	41216

(1) A summary of relevant decrement and economic assumption	41217
experience observed over the period of the investigation;	41218

(2) Recommended changes in actuarial assumptions to be used	41219
in subsequent actuarial valuations required by division (A) of	41220
this section;	41221

(3) A measurement of the financial effect of the recommended	41222
changes in actuarial assumptions.	41223

The board shall submit the report to the Ohio retirement	41224
study council and the standing committees of the house of	41225
representatives and the senate with primary responsibility for	41226
retirement legislation not later than the first day of May	41227
following the last fiscal year of the period the report covers.	41228

(C) The board may at any time request the actuary to make any	41229
other studies or actuarial valuations to determine the adequacy of	41230
the normal and deficiency rates of contribution provided by	41231
section 3307.28 of the Revised Code, and those rates may be	41232
adjusted by the board, as recommended by the actuary, effective as	41233
of the first of any year thereafter.	41234

(D) The board shall have prepared by or under the supervision	41235
of an actuary an actuarial analysis of any introduced legislation	41236
expected to have a measurable financial impact on the retirement	41237
system. The actuarial analysis shall be completed in accordance	41238
with the actuarial standards of practice promulgated by the	41239
actuarial standards board of the American academy of actuaries.	41240
The actuary shall prepare a report of the actuarial analysis,	41241
which shall include all of the following:	41242

(1) A summary of the statutory changes that are being	41243
evaluated;	41244

(2) A description of or reference to the actuarial	41245
assumptions and actuarial cost method used in the report;	41246

(3) A description of the participant group or groups included	41247
in the report;	41248

(4) A statement of the financial impact of the legislation,	41249
including the resulting increase, if any, in the employer normal	41250
cost percentage; the increase, if any, in actuarial accrued	41251
liabilities; and the per cent of payroll that would be required to	41252
amortize the increase in actuarial accrued liabilities as a level	41253
per cent of covered payroll for all active members over a period	41254
not to exceed thirty years;	41255

(5) A statement of whether the scheduled contributions to the	41256
system after the proposed change is enacted are expected to be	41257
sufficient to satisfy the funding objectives established by the	41258
board.	41259

Not later than sixty days from the date of introduction of	41260
the legislation, the board shall submit a copy of the actuarial	41261
analysis to the legislative service commission, the standing	41262
committees of the house of representatives and the senate with	41263
primary responsibility for retirement legislation, and the Ohio	41264
retirement study council.	41265

(E) The board shall have prepared annually a report giving a	41266
full accounting of the revenues and costs relating to the	41267
provision of benefits under section 3307.39 of the Revised Code.	41268
The report shall be made as of June 30, 1997, and the thirtieth	41269
day of June of each year thereafter. The report shall include the	41270
following:	41271

(1) A description of the statutory authority for the benefits	41272
provided;	41273

(2) A summary of the benefits;

41274

(3) A summary of the eligibility requirements for the	41275
benefits;	41276

(4) A statement of the number of participants eligible for	41277
the benefits;	41278

(5) A description of the accounting, asset valuation, and	41279
funding method used to provide the benefits;	41280

(6) A statement of the net assets available for the	41281
provisions of benefits as of the last day of the fiscal year;	41282

(7) A statement of any changes in the net assets available	41283
for the provision of benefits, including participant and employer	41284
contributions, net investment income, administrative expenses, and	41285
benefits provided to participants, as of the last day of the	41286
fiscal year;	41287

(8) For the last six consecutive fiscal years, a schedule of	41288
the net assets available for the benefits, the annual cost of	41289
benefits, administrative expenses incurred, and annual employer	41290
contributions allocated for the provision of benefits;	41291

(9) A description of any significant changes that affect the	41292
comparability of the report required under this division;	41293

(10) A statement of the amount paid under division (B) of	41294
section 3307.39 of the Revised Code.	41295

The board shall submit the report to the Ohio retirement	41296
study council, the director of budget and management, and the	41297
standing committees of the house of representatives and the senate	41298
with primary responsibility for retirement legislation immediately	41299
upon its availability and not later than the thirty-first day of	41300
December following the year for which the report was made.	41301

Sec. 3309.21. (A) The school employees retirement board	41302
shall have prepared annually by or under the supervision of an	41303
actuary an actuarial valuation of the pension assets, liabilities,	41304
and funding requirements of the school employees retirement system	41305
as established pursuant to this chapter. The actuary shall	41306
complete the valuation in accordance with actuarial standards of	41307
practice promulgated by the actuarial standards board of the	41308
American academy of actuaries and prepare a report of the	41309
valuation. The report shall include all of the following:	41310

(1) A summary of the benefit provisions evaluated;

41311

(2) A summary of the census data and financial information	41312
used in the valuation;	41313

(3) A description of the actuarial assumptions, actuarial	41314
cost method, and asset valuation method used in the valuation,	41315
including a statement of the assumed rate of payroll growth and	41316
assumed rate of growth or decline in the number of members	41317
contributing to the retirement system;	41318

(4) A summary of findings that includes a statement of the	41319
actuarial accrued pension liabilities and unfunded actuarial	41320
accrued pension liabilities;	41321

(5) A schedule showing the effect of any changes in the	41322
benefit provisions, actuarial assumptions, or cost methods since	41323
the last annual actuarial valuation;	41324

(6) A statement of whether contributions to the retirement	41325
system are expected to be sufficient to satisfy the funding	41326
objectives established by the board.	41327

The board shall submit the report to the Ohio retirement	41328
study council, the director of budget and management, and the	41329
standing committees of the house of representatives and the senate	41330
with primary responsibility for retirement legislation immediately	41331
upon its availability and not later than the first day of May	41332
following the year for which the valuation was made.	41333

(B) At such times as the school employees retirement board	41334
determines, and at least once in each quinquennial period, the	41335
board shall have prepared by or under the supervision of an	41336
actuary an actuarial investigation of the mortality, service, and	41337
other experience of the members, retirants, and beneficiaries of	41338
the retirement system, and SERS retirants and other system	41339
retirants as defined in section 3309.341 of the Revised Code to	41340
update the actuarial assumptions used in the actuarial valuation	41341
required by division (A) of this section. The actuary shall	41342
prepare a report of the actuarial investigation. The report shall	41343
be prepared and any recommended changes in actuarial assumptions	41344
shall be made in accordance with the actuarial standards of	41345
practice promulgated by the actuarial standards board of the	41346
American academy of actuaries. The report shall include all of the	41347
following:	41348

(1) A summary of relevant decrement and economic assumption	41349
experience observed over the period of the investigation;	41350

(2) Recommended changes in actuarial assumptions to be used	41351
in subsequent actuarial valuations required by division (A) of	41352
this section;	41353

(3) A measurement of the financial effect of the recommended	41354
changes in actuarial assumptions.	41355

The board shall submit the report to the Ohio retirement	41356
study council and the standing committees of the house of	41357
representatives and the senate with primary responsibility for	41358
retirement legislation not later than the first day of May	41359
following the last fiscal year of the period the report covers.	41360

(C) The board may at any time request the actuary to make any	41361
studies or actuarial valuations to determine the adequacy of the	41362
rates of contribution as provided by section 3309.49 of the	41363
Revised Code, and those rates may be adjusted by the board, as	41364
recommended by the actuary, effective as of the first of any year	41365
thereafter.	41366

(D) The board shall have prepared by or under the supervision	41367
of an actuary an actuarial analysis of any introduced legislation	41368
expected to have a measurable financial impact on the retirement	41369
system. The actuarial analysis shall be completed in accordance	41370
with the actuarial standards of practice promulgated by the	41371
actuarial standards board of the American academy of actuaries.	41372
The actuary shall prepare a report of the actuarial analysis,	41373
which shall include all of the following:	41374

(1) A summary of the statutory changes that are being	41375
evaluated;	41376

(2) A description of or reference to the actuarial	41377
assumptions and actuarial cost method used in the report;	41378

(3) A description of the participant group or groups included	41379
in the report;	41380

(4) A statement of the financial impact of the legislation,	41381
including the resulting increase, if any, in the employer normal	41382
cost percentage; the increase, if any, in actuarial accrued	41383
liabilities; and the per cent of payroll that would be required to	41384
amortize the increase in actuarial accrued liabilities as a level	41385
per cent of covered payroll for all active members over a period	41386
not to exceed thirty years;	41387

(5) A statement of whether the scheduled contributions to the	41388
system after the proposed change is enacted are expected to be	41389
sufficient to satisfy the funding objectives established by the	41390
board.	41391

Not later than sixty days from the date of introduction of	41392
the legislation, the board shall submit a copy of the actuarial	41393
analysis to the legislative service commission, the standing	41394
committees of the house of representatives and the senate with	41395
primary responsibility for retirement legislation, and the Ohio	41396
retirement study council.	41397

(E) The board shall have prepared annually a report giving a	41398
full accounting of the revenues and costs relating to the	41399
provision of benefits under sections 3309.375 and 3309.69 of the	41400
Revised Code. The report shall be made as of June 30, 1997, and	41401
the thirtieth day of June of each year thereafter. The report	41402
shall include the following:	41403

(1) A description of the statutory authority for the benefits	41404
provided;	41405

(2) A summary of the benefits;

41406

(3) A summary of the eligibility requirements for the	41407
benefits;	41408

(4) A statement of the number of participants eligible for	41409
the benefits;	41410

(5) A description of the accounting, asset valuation, and	41411
funding method used to provide the benefits;	41412

(6) A statement of the net assets available for the provision	41413
of the benefits as of the last day of the fiscal year;	41414

(7) A statement of any changes in the net assets available	41415
for the provision of benefits, including participant and employer	41416
contributions, net investment income, administrative expenses, and	41417
benefits provided to participants, as of the last day of the	41418
fiscal year;	41419

(8) For the last six consecutive fiscal years, a schedule of	41420
the net assets available for the benefits, the annual cost of	41421
benefits, administrative expenses incurred, and annual employer	41422
contributions allocated for the provision of benefits;	41423

(9) A description of any significant changes that affect the	41424
comparability of the report required under this division;	41425

(10) A statement of the amount paid under division (E) of	41426
section 3309.69 of the Revised Code.	41427

The board shall submit the report to the Ohio retirement	41428
study council, the director of budget and management, and the	41429
standing committees of the house of representatives and the senate	41430
with primary responsibility for retirement legislation immediately	41431
upon its availability and not later than the thirty-first day of	41432
December following the year for which the report was made.	41433

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	41434
Revised Code:	41435

(A) "Chartered nonpublic school" means a nonpublic school	41436
that holds a valid charter issued by the state board of education	41437
under section 3301.16 of the Revised Code and meets the standards	41438
established for such schools in rules adopted by the state board.	41439

(B) An "eligible student" is a student who satisfies the	41440
conditions specified in section 3310.03 or 3310.032 of the Revised	41441
Code.	41442

(C) "Parent" has the same meaning as in section 3313.98 of	41443
the Revised Code.	41444

(D) "Resident district" means the school district in which a	41445
student is entitled to attend school under section 3313.64 or	41446
3313.65 of the Revised Code.	41447

(E) "School year" has the same meaning as in section 3313.62	41448
of the Revised Code.	41449

Sec. 3310.02. (A) The educational choice scholarship pilot	41450
program is hereby established. Under the program, the department	41451
of education annually shall pay scholarships to attend chartered	41452
nonpublic schools in accordance with section 3310.08 of the	41453
Revised Code for up to the following number of eligible students:	41454

(1) Thirty thousand in the 2011-2012 school year;

41455

(2) Sixty thousand in the 2012-2013 school year and	41456
thereafter.	41457

(B) If the number of students who apply for a scholarship	41458
exceeds the number of scholarships available under division (A) of	41459
this section for the applicable school year, the department shall	41460
award scholarships in the following order of priority:	41461

(1) First, to eligible students who received scholarships in	41462
the prior school year;	41463

(2) Second, to eligible students with family incomes at or	41464
below two hundred per cent of the federal poverty guidelines, as	41465
defined in section 5101.46 of the Revised Code, who qualify under	41466
division (A) of section 3310.03 of the Revised Code. If the number	41467
of students described in division (B)(2) of this section who apply	41468
for a scholarship exceeds the number of available scholarships	41469
after awards are made under division (B)(1) of this section, the	41470
department shall select students described in division (B)(2) of	41471
this section by lot to receive any remaining scholarships.	41472

(3) Third, to other eligible students who qualify under	41473
division (A) of section 3310.03 of the Revised Code. If the number	41474
of students described in division (B)(3) of this section who apply	41475
for a scholarship exceeds the number of available scholarships	41476
after awards are made under divisions (B)(1) and (2) of this	41477
section, the department shall select students described in	41478
division (B)(3) of this section by lot to receive any remaining	41479
scholarships.	41480

(4) Fourth, to eligible students with family incomes at or	41481
below two hundred per cent of the federal poverty guidelines who	41482
qualify under division ~~(B)~~(D) of section 3310.03 of the Revised	41483
Code. If the number of students described in division (B)(4) of	41484
this section who apply for a scholarship exceeds the number of	41485
available scholarships after awards are made under divisions	41486
(B)(1) to (3) of this section, the department shall select	41487
students described in division (B)(4) of this section by lot to	41488
receive any remaining scholarships.	41489

(5) Fifth, to other eligible students who qualify under	41490
division ~~(B)~~(D) of section 3310.03 of the Revised Code. If the	41491
number of students described in division (B)(5) of this section	41492
who apply for a scholarship exceeds the number of available	41493
scholarships after awards are made under divisions (B)(1) to (4)	41494
of this section, the department shall select students described in	41495
division (B)(5) of this section by lot to receive any remaining	41496
scholarships.	41497

(6) Sixth, to eligible students with family incomes at or	41498
below two hundred per cent of the federal poverty guidelines who	41499
qualify under division (B) of section 3310.03 of the Revised Code.	41500
If the number of students described in division (B)(6) of this	41501
section who apply for a scholarship exceeds the number of	41502
available scholarships after awards are made under divisions	41503
(B)(1) to (5) of this section, the department shall select	41504
students described in division (B)(6) of this section by lot to	41505
receive any remaining scholarships.	41506

(7) Seventh, to other eligible students who qualify under	41507
division (B) of section 3310.03 of the Revised Code. If the number	41508
of students described in division (B)(7) of this section who apply	41509
for a scholarship exceeds the number of available scholarships	41510
after awards are made under divisions (B)(1) to (6) of this	41511
section, the department shall select students described in	41512
division (B)(7) of this section by lot to receive any remaining	41513
scholarships.	41514

Sec. 3310.03. A student is an "eligible student" for	41515
purposes of the educational choice scholarship pilot program if	41516
the student's resident district is not a school district in which	41517
the pilot project scholarship program is operating under sections	41518
3313.974 to 3313.979 of the Revised Code and the student satisfies	41519
one of the conditions in division (A), (B), or (C), or (D) of this	41520
section:	41521

(A)(1) The student is enrolled in a school building operated	41522
by the student's resident district that, on the report card issued	41523
under section 3302.03 of the Revised Code published prior to the	41524
first day of July of the school year for which a scholarship is	41525
sought, did not receive a rating as described in division ~~(G)~~(H)	41526
of this section, and to which any or a combination of any of the	41527
following apply for two of the three most recent report cards	41528
published prior to the first day of July of the school year for	41529
which a scholarship is sought:	41530

(a) The building was declared to be in a state of academic	41531
emergency or academic watch under section 3302.03 of the Revised	41532
Code as that section existed prior to ~~the effective date of this~~	41533
~~amendment~~March 22, 2013.	41534

(b) The building received a grade of "D" or "F" for the	41535
performance index score under division (A)(1)(b) or (B)(1)(b) of	41536
section 3302.03 of the Revised Code and for the value-added	41537
progress dimension under division (A)(1)(e) or (B)(1)(e) of	41538
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	41539
school year, or both; or if the building serves only grades ten	41540
through twelve, the building received a grade of "D" or "F" for	41541
the performance index score under division (A)(1)(b) or (B)(1)(b)	41542
of section 3302.03 of the Revised Code and had a four-year	41543
adjusted cohort graduation rate of less than seventy-five per	41544
cent.	41545

(c) The building received an overall grade of "D" or "F"	41546
under division (C)(3) of section 3302.03 of the Revised Code or a	41547
grade of "F" for the value-added progress dimension under division	41548
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	41549
school year or any school year thereafter.	41550

(2) The student is eligible to enroll in kindergarten in the	41551
school year for which a scholarship is sought and otherwise would	41552
be assigned under section 3319.01 of the Revised Code to a school	41553
building described in division (A)(1) of this section.	41554

(3) The student is enrolled in a community school established	41555
under Chapter 3314. of the Revised Code but otherwise would be	41556
assigned under section 3319.01 of the Revised Code to a building	41557
described in division (A)(1) of this section.	41558

(4) The student is enrolled in a school building operated by	41559
the student's resident district or in a community school	41560
established under Chapter 3314. of the Revised Code and otherwise	41561
would be assigned under section 3319.01 of the Revised Code to a	41562
school building described in division (A)(1) of this section in	41563
the school year for which the scholarship is sought.	41564

(5) The student is eligible to enroll in kindergarten in the	41565
school year for which a scholarship is sought, or is enrolled in a	41566
community school established under Chapter 3314. of the Revised	41567
Code, and all of the following apply to the student's resident	41568
district:	41569

(a) The district has in force an intradistrict open	41570
enrollment policy under which no student in kindergarten or the	41571
community school student's grade level, respectively, is	41572
automatically assigned to a particular school building;	41573

(b) In the most recent rating published prior to the first	41574
day of July of the school year for which scholarship is sought,	41575
the district did not receive a rating described in division ~~(G)~~(H)	41576
of this section, and in at least two of the three most recent	41577
report cards published prior to the first day of July of that	41578
school year, any or a combination of the following apply to the	41579
district:	41580

(i) The district was declared to be in a state of academic	41581
emergency under section 3302.03 of the Revised Code as it existed	41582
prior to ~~the effective date of this amendment~~March 22, 2013.	41583

(ii) The district received a grade of "D" or "F" for the	41584
performance index score under division (A)(1)(b) or (B)(1)(b) of	41585
section 3302.03 of the Revised Code and for the value-added	41586
progress dimension under division (A)(1)(e) or (B)(1)(e) of	41587
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	41588
school year, or both.	41589

(c) The district received an overall grade of "D" or "F"	41590
under division (C)(3) of section 3302.03 of the Revised Code or a	41591
grade of "F" for the value-added progress dimension under division	41592
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	41593
school year or any school year thereafter.	41594

(B)(1) The student is enrolled in a school building operated	41595
by the student's resident district and to which both of the	41596
following apply:	41597

(a) The building was ranked, for at least two of the three	41598
most recent rankings published under section 3302.21 of the	41599
Revised Code prior to the first day of July of the school year for	41600
which a scholarship is sought, in the lowest ten per cent of all	41601
public school buildings according to performance index score under	41602
section 3302.21 of the Revised Code.	41603

(b) The building was not declared to be excellent or	41604
effective, or the equivalent of such ratings as determined by the	41605
department of education, under section 3302.03 of the Revised Code	41606
in the most recent rating published prior to the first day of July	41607
of the school year for which a scholarship is sought.	41608

(2) The student is eligible to enroll in kindergarten in the	41609
school year for which a scholarship is sought and otherwise would	41610
be assigned under section 3319.01 of the Revised Code to a school	41611
building described in division (B)(1) of this section.	41612

(3) The student is enrolled in a community school established	41613
under Chapter 3314. of the Revised Code but otherwise would be	41614
assigned under section 3319.01 of the Revised Code to a building	41615
described in division (B)(1) of this section.	41616

(4) The student is enrolled in a school building operated by	41617
the student's resident district or in a community school	41618
established under Chapter 3314. of the Revised Code and otherwise	41619
would be assigned under section 3319.01 of the Revised Code to a	41620
school building described in division (B)(1) of this section in	41621
the school year for which the scholarship is sought.	41622

(C) The student is enrolled in a nonpublic school at the time	41623
the school is granted a charter by the state board of education	41624
under section 3301.16 of the Revised Code and the student meets	41625
the standards of division (B) of section 3310.031 of the Revised	41626
Code.	41627

(D) For the 2016-2017 school year and each school year	41628
thereafter, the student is in any of grades kindergarten through	41629
three, is enrolled in a school building that is operated by the	41630
student's resident district, and to which both of the following	41631
apply:	41632

(1) The building, in at least two of the three most recent	41633
ratings of school buildings published prior to the first day of	41634
July of the school year for which a scholarship is sought,	41635
received a grade of "D" or "F" for making progress in improving	41636
literacy in grades kindergarten through three under division	41637
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;	41638

(2) The building did not receive a grade of "A" for making	41639
progress in improving literacy in grades kindergarten through	41640
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of	41641
the Revised Code in the most recent rating published prior to the	41642
first day of July of the school year for which a scholarship is	41643
sought.	41644

(E) A student who receives a scholarship under the	41645
educational choice scholarship pilot program remains an eligible	41646
student and may continue to receive scholarships in subsequent	41647
school years until the student completes grade twelve, so long as	41648
all of the following apply:	41649

(1) The student's resident district remains the same, or the	41650
student transfers to a new resident district and otherwise would	41651
be assigned in the new resident district to a school building	41652
described in division (A)(1) or, (B)(1), or (D) of this section;	41653

(2) The student takes each assessment prescribed for the	41654
student's grade level under section 3301.0710 or 3301.0712 of the	41655
Revised Code while enrolled in a chartered nonpublic school;	41656

(3) In each school year that the student is enrolled in a	41657
chartered nonpublic school, the student is absent from school for	41658
not more than twenty days that the school is open for instruction,	41659
not including excused absences.	41660

~~(E)~~(F)(1) The department shall cease awarding first-time	41661
scholarships pursuant to divisions (A)(1) to (4) of this section	41662
with respect to a school building that, in the most recent ratings	41663
of school buildings published under section 3302.03 of the Revised	41664
Code prior to the first day of July of the school year, ceases to	41665
meet the criteria in division (A)(1) of this section. The	41666
department shall cease awarding first-time scholarships pursuant	41667
to division (A)(5) of this section with respect to a school	41668
district that, in the most recent ratings of school districts	41669
published under section 3302.03 of the Revised Code prior to the	41670
first day of July of the school year, ceases to meet the criteria	41671
in division (A)(5) of this section.	41672

(2) The department shall cease awarding first-time	41673
scholarships pursuant to divisions (B)(1) to (4) of this section	41674
with respect to a school building that, in the most recent ratings	41675
of school buildings under section 3302.03 of the Revised Code	41676
prior to the first day of July of the school year, ceases to meet	41677
the criteria in division (B)(1) of this section.	41678

(3) The department shall cease awarding first-time	41679
scholarships pursuant to division (D) of this section with respect	41680
to a school building that, in the most recent ratings of school	41681
buildings under section 3302.03 of the Revised Code prior to the	41682
first day of July of the school year, ceases to meet the criteria	41683
in division (D) of this section.	41684

(4) However, students who have received scholarships in the	41685
prior school year remain eligible students pursuant to division	41686
~~(D)~~(E) of this section.	41687

~~(F)~~(G) The state board of education shall adopt rules	41688
defining excused absences for purposes of division ~~(D)~~(E)(3) of	41689
this section.	41690

~~(G)~~(H)(1) A student who satisfies only the conditions	41691
prescribed in divisions (A)(1) to (4) of this section shall not be	41692
eligible for a scholarship if the student's resident building	41693
meets any of the following in the most recent rating under section	41694
3302.03 of the Revised Code published prior to the first day of	41695
July of the school year for which a scholarship is sought:	41696

(a) The building has an overall designation of excellent or	41697
effective under section 3302.03 of the Revised Code as it existed	41698
prior to ~~the effective date of this amendment~~March 22, 2013.	41699

(b) For the 2012-2013 or 2013-2014 school year or both, the	41700
building has a grade of "A" or "B" for the performance index score	41701
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	41702
Revised Code and for the value-added progress dimension under	41703
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	41704
Code; or if the building serves only grades ten through twelve,	41705
the building received a grade of "A" or "B" for the performance	41706
index score under division (A)(1)(b) or (B)(1)(b) of section	41707
3302.03 of the Revised Code and had a four-year adjusted cohort	41708
graduation rate of greater than or equal to seventy-five per cent.	41709

(c) For the 2014-2015 school year or any school year	41710
thereafter, the building has a grade of "A" or "B" under division	41711
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	41712
for the value-added progress dimension under division (C)(1)(e) of	41713
section 3302.03 of the Revised Code; or if the building serves	41714
only grades ten through twelve, the building received a grade of	41715
"A" or "B" for the performance index score under division	41716
(C)(1)(b) of section 3302.03 of the Revised Code and had a	41717
four-year adjusted cohort graduation rate of greater than or equal	41718
to seventy-five per cent.	41719

(2) A student who satisfies only the conditions prescribed in	41720
division (A)(5) of this section shall not be eligible for a	41721
scholarship if the student's resident district meets any of the	41722
following in the most recent rating under section 3302.03 of the	41723
Revised Code published prior to the first day of July of the	41724
school year for which a scholarship is sought:	41725

(a) The district has an overall designation of excellent or	41726
effective under section 3302.03 of the Revised Code as it existed	41727
prior to ~~the effective date of this amendment~~March 22, 2013.	41728

(b) The district has a grade of "A" or "B" for the	41729
performance index score under division (A)(1)(b) or (B)(1)(b) of	41730
section 3302.03 of the Revised Code and for the value-added	41731
progress dimension under division (A)(1)(e) or (B)(1)(e) of	41732
section 3302.03 of the Revised Code for the 2012-2013 and	41733
2013-2014 school years.	41734

(c) The district has an overall grade of "A" or "B" under	41735
division (C)(3) of section 3302.03 of the Revised Code and a grade	41736
of "A" for the value-added progress dimension under division	41737
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	41738
school year or any school year thereafter.	41739

Sec. 3310.032. (A) A student is an "eligible student" for	41740
purposes of the expansion of the educational choice scholarship	41741
pilot program under this section if the student's resident	41742
district is not a school district in which the pilot project	41743
scholarship program is operating under sections 3313.974 to	41744
3313.979 of the Revised Code, the student is not eligible for an	41745
educational choice scholarship under section 3310.03 of the	41746
Revised Code, and the student's family income is at or below two	41747
hundred per cent of the federal poverty guidelines, as defined in	41748
section 5101.46 of the Revised Code.	41749

(B) In each fiscal year for which the general assembly	41750
appropriates funds for purposes of this section, the department of	41751
education shall pay scholarships to attend chartered nonpublic	41752
schools in accordance with section 3310.08 of the Revised Code.	41753
The number of scholarships awarded under this section shall not	41754
exceed the number that can be funded with appropriations made by	41755
the general assembly for this purpose.	41756

(C) Scholarships under this section shall be awarded as	41757
follows:	41758

(1) For the 2013-2014 school year, to eligible students who	41759
are entering kindergarten in that school year for the first time;	41760

(2) For each subsequent school year, scholarships shall be	41761
awarded to eligible students in the next grade level above the	41762
highest grade level awarded in the preceding school year, in	41763
addition to the grade levels for which students received	41764
scholarships in the preceding school year.	41765

(D) If the number of eligible students who apply for a	41766
scholarship under this section exceeds the scholarships available	41767
based on the appropriation for this section, the department shall	41768
award scholarships in the following order of priority:	41769

(1) First, to eligible students who received scholarships	41770
under this section in the prior school year;	41771

(2) Second, to eligible students with family incomes at or	41772
below one hundred per cent of the federal poverty guidelines. If	41773
the number of students described in division (D)(2) of this	41774
section who apply for a scholarship exceeds the number of	41775
available scholarships after awards are made under division (D)(1)	41776
of this section, the department shall select students described in	41777
division (D)(2) of this section by lot to receive any remaining	41778
scholarships.	41779

(3) Third, to other eligible students who qualify under this	41780
section. If the number of students described in division (D)(3) of	41781
this section exceeds the number of available scholarships after	41782
awards are made under divisions (D)(1) and (2) of this section,	41783
the department shall select students described in division (D)(3)	41784
of this section by lot to receive any remaining scholarships.	41785

(E) A student who receives a scholarship under this section	41786
remains an eligible student and may continue to receive	41787
scholarships under this section in subsequent school years until	41788
the student completes grade twelve, so long as the student	41789
satisfies the conditions specified in divisions (E)(2) and (3) of	41790
section 3310.03 of the Revised Code.	41791

Once a scholarship is awarded under this section, the student	41792
shall remain eligible for that scholarship for the current school	41793
year and subsequent school years even if the student's family	41794
income rises above the amount specified in division (A) of this	41795
section, provided the student remains enrolled in a chartered	41796
nonpublic school.	41797

Sec. 3310.035. (A) A student who is eligible for an	41798
educational choice scholarship under both sections 3310.03 and	41799
3310.032 of the Revised Code, and applies for a scholarship for	41800
the first time after the effective date of this section shall	41801
receive a scholarship under section 3310.03 of the Revised Code.	41802

(B) A student who is eligible under both sections 3310.03 and	41803
3310.032 of the Revised Code and received a scholarship in the	41804
previous school year shall continue to receive the scholarship	41805
under the section from which the student received the scholarship	41806
in the previous school year, so long as:	41807

(1) The number of students who apply for a scholarship does	41808
not exceed the number of scholarships available under division (A)	41809
of section 3310.02 of the Revised Code.	41810

(2) A student who receives a scholarship under section	41811
3310.03 of the Revised Code satisfies with the conditions	41812
specified in divisions (E)(1) to (3) of that section, and a	41813
student who receives a scholarship under section 3310.032	41814
satisfies with the conditions specified in divisions (E)(2) and	41815
(3) of section 3310.03 of the Revised Code.	41816

Sec. 3310.05. A scholarship under the educational choice	41817
scholarship pilot program is not available for any student whose	41818
resident district is a school district in which the pilot project	41819
scholarship program is operating under sections 3313.974 to	41820
3313.979 of the Revised Code. The two pilot programs are separate	41821
and distinct, with differing eligibility criteria. The pilot	41822
project scholarship program operating under sections 3313.974 to	41823
3313.979 of the Revised Code is a district-wide program that may	41824
award scholarships to students who do not attend district schools	41825
that face academic challenges, whereas the educational choice	41826
scholarship pilot program established under sections 3310.01 to	41827
3310.17 of the Revised Code is limited to students of individual	41828
district school buildings that face academic challenges and to	41829
students from low-income families.	41830

Sec. 3310.06. It is the policy adopted by the general	41831
assembly that the educational choice scholarship pilot program	41832
shall be construed as one of several educational options available	41833
for students enrolled in persistently low-performing school	41834
buildings or for students from low-income families. Students may	41835
be enrolled in the schools of the student's resident district, in	41836
a community school established under Chapter 3314. of the Revised	41837
Code, in the schools of another school district pursuant to an	41838
open enrollment policy adopted under section 3313.98 of the	41839
Revised Code, in a chartered nonpublic school with or without a	41840
scholarship under the educational choice scholarship pilot	41841
program, or in other schools as the law may provide.	41842

Sec. 3310.08. (A) The amount paid for an eligible student	41843
under the educational choice scholarship pilot program shall be	41844
the lesser of the tuition of the chartered nonpublic school in	41845
which the student is enrolled or the maximum amount prescribed in	41846
section 3310.09 of the Revised Code.	41847

(B)(1) The department of education shall pay to the parent of	41848
each eligible student for whom a scholarship is awarded under the	41849
program, or to the student if at least eighteen years of age,	41850
periodic partial payments of the scholarship.	41851

(2) The department shall proportionately reduce or terminate	41852
the payments for any student who withdraws from a chartered	41853
nonpublic school prior to the end of the school year.	41854

(C)(1) The department shall deduct from the payments made to	41855
each school district under Chapter 3317., and if necessary,	41856
sections 321.24 and 323.156 of the Revised Code, the amount paid	41857
under division (B) of this section for each eligible student	41858
~~awarded~~who qualifies for a scholarship under ~~the program~~section	41859
3310.03 of the Revised Code and who is entitled under section	41860
3313.64 or 3313.65 of the Revised Code to attend school in the	41861
district. In the case of a student entitled to attend school in a	41862
school district under division (B)(2)(a) of section 3313.64 or	41863
division (C) of section 3313.65 of the Revised Code, the	41864
department shall deduct the payments from the school district that	41865
includes the student in its average daily membership as reported	41866
to the department under section 3317.03 of the Revised Code, as	41867
determined by the department.	41868

(2) If the department reduces or terminates payments to a	41869
parent or a student, as prescribed in division (B)(2) of this	41870
section, and the student enrolls in the schools of the student's	41871
resident district or in a community school, established under	41872
Chapter 3314. of the Revised Code, before the end of the school	41873
year, the department shall proportionally restore to the resident	41874
district the amount deducted for that student under division	41875
(C)(1) of this section.	41876

Sec. 3310.56. (A) The amount of the scholarship awarded and	41877
paid to an eligible applicant for services for a qualified special	41878
education child under the Jon Peterson special needs scholarship	41879
program in each school year shall be the least of the amounts	41880
prescribed in divisions (A)(1), (2), orand (3) of this section,	41881
as follows:	41882

(1) The amount of fees charged for that school year by the	41883
alternative public provider or registered private provider;	41884

(2) The sum of the amounts calculated under divisions	41885
(A)(2)(a) and (b) of this section:	41886

(a) The ~~sum of the~~ formula amount ~~plus the per pupil amount~~	41887
~~of the base funding supplements specified in divisions (C)(1) to~~	41888
~~(4) of section 3317.012 of the Revised Code for fiscal year 2009~~;	41889

(b) An amount equal to ~~$5,732~~the formula amount times the	41890
following multiple prescribed for the child's disability:	41891

(i) For a student in category one, ~~0.2892~~the multiple	41892
specified in division (A) of section 3317.013 of the Revised Code;	41893

(ii) For a student in category two, ~~0.3691~~the multiple	41894
specified in division (B) of section 3317.013 of the Revised Code;	41895

(iii) For a student in category three, ~~1.7695~~the multiple	41896
specified in division (C) of section 3317.013 of the Revised Code;	41897

(iv) For a student in category four, ~~2.3646~~the multiple	41898
specified in division (D) of section 3317.013 of the Revised Code;	41899

(v) For a student in category five, ~~3.1129~~the multiple	41900
specified in division (E) of section 3317.013 of the Revised Code;	41901

(vi) For a student in category six, ~~4.7342~~the multiple	41902
specified in division (F) of section 3317.013 of the Revised Code.	41903

~~Before applying the multiples specified in divisions~~	41904
~~(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted~~	41905
~~by multiplying them by 0.90.~~	41906

(3) Twenty thousand dollars.

41907

(B) As used in division (A)(2)(b) of this section, a child	41908
with a disability is in:	41909

(1) "Category one" if the ~~child's primary or only identified~~	41910
~~disability is a speech and language disability, as this term is~~	41911
~~defined pursuant to Chapter 3323.~~child is receiving special	41912
education services for a disability specified in division (A) of	41913
section 3317.013 of the Revised Code;	41914

(2) "Category two" if the child is ~~identified as specific~~	41915
~~learning disabled or developmentally disabled, as these terms are~~	41916
~~defined pursuant to Chapter 3323. of the Revised Code, or as~~	41917
~~having an other health impairment-minor, as defined in section~~	41918
~~3317.02~~receiving special education services for a disability	41919
specified in division (B) of section 3317.013 of the Revised Code;	41920

(3) "Category three" if the child is ~~identified as vision~~	41921
~~impaired, hearing disabled, or severe behavior disabled, as these~~	41922
~~terms are defined pursuant to Chapter 3323.~~receiving special	41923
education services for a disability specified in division (C) of	41924
section 3317.013 of the Revised Code;	41925

(4) "Category four" if the child is ~~identified as~~	41926
~~orthopedically disabled, as this term is defined pursuant to~~	41927
~~Chapter 3323. of the Revised Code, or as having an other health~~	41928
~~impairment-major, as defined in section 3317.02~~receiving special	41929
education services for a disability specified in division (D) of	41930
section 3317.013 of the Revised Code;	41931

(5) "Category five" if the child is ~~identified as having~~	41932
~~multiple disabilities, as this term is defined pursuant to Chapter~~	41933
~~3323.~~receiving special education services for a disability	41934
specified in division (E) of section 3317.013 of the Revised Code;	41935

(6) "Category six" if the child is ~~identified as autistic,~~	41936
~~having traumatic brain injuries, or both visually and hearing~~	41937
~~impaired, as these terms are defined pursuant to Chapter 3323.~~	41938
receiving special education services for a disability specified in	41939
division (F) of section 3317.013 of the Revised Code.	41940

Sec. 3311.0510. (A) If all of the client school districts of	41941
an educational service center have terminated their agreements	41942
with the service center under division (D) of section 3313.843 of	41943
the Revised Code, upon the latest effective date of the	41944
terminations, the governing board of that service center shall be	41945
abolished and such service center shall be dissolved by order of	41946
the superintendent of public instruction. The superintendent's	41947
order shall provide for the equitable division and disposition of	41948
the assets, property, debts, and obligations of the service center	41949
among the school districts that were client school districts of	41950
the service center for the service center's last fiscal year of	41951
operation. The superintendent's order shall provide that the tax	41952
duplicate of each of those school districts shall be bound for and	41953
assume the district's equitable share of the outstanding	41954
indebtedness of the service center. The superintendent's order is	41955
final and is not appealable.	41956

Immediately upon the abolishment of the service center	41957
governing board pursuant to this section, the superintendent of	41958
public instruction shall appoint a qualified individual to	41959
administer the dissolution of the service center and to implement	41960
the terms of the superintendent's dissolution order.	41961

Prior to distributing assets to any school district under	41962
this section, but after paying in full other debts and obligations	41963
of the service center under this section, the superintendent of	41964
public instruction may assess against the remaining assets of the	41965
service center the amount of the costs incurred by the department	41966
of education in performing the superintendent's duties under this	41967
division, including the fees, if any, owed to the individual	41968
appointed to administer the superintendent's dissolution order.	41969
Any excess cost incurred by the department under this division	41970
shall be divided equitably among the school districts that were	41971
client school districts of the service center for the service	41972
center's last fiscal year of operation. Each district's share of	41973
that excess cost shall be bound against the tax duplicate of that	41974
district.	41975

(B) A final audit of the former service center shall be	41976
performed in accordance with procedures established by the auditor	41977
of state.	41978

(C) The public records of an educational service center that	41979
is dissolved under this section shall be transferred in accordance	41980
with this division. Public records maintained by the service	41981
center in connection with services provided by the service center	41982
to local school districts of which the territory of the service	41983
center is or previously was made up shall be transferred to each	41984
of the respective local school districts. Public records	41985
maintained by the service center in connection with services	41986
provided to client school districts shall be transferred to each	41987
of the respective client school districts. All other public	41988
records maintained by the service center at the time the service	41989
center ceases operations shall be transferred to the Ohio	41990
historical society for analysis and disposition by the society in	41991
its capacity as archives administrator for the state and its	41992
political subdivisions pursuant to division (C) of section 149.30	41993
and section 149.31 of the Revised Code.	41994

(D) As used in this section, "client school district" ~~has the~~	41995
~~same meaning as in section 3317.11 of the Revised Code~~means a	41996
city, exempted village, or local school district that has entered	41997
into an agreement under section 3313.843 or 3313.845 of the	41998
Revised Code to receive any services from an educational service	41999
center.	42000

Sec. 3311.22. A governing board of an educational service	42001
center may propose, by resolution adopted by majority vote of its	42002
full membership, or qualified electors of the area affected equal	42003
in number to at least fifty-five per cent of the qualified	42004
electors voting at the last general election residing within that	42005
portion of a school district, or districts proposed to be	42006
transferred may propose, by petition, the transfer of a part or	42007
all of one or more local school districts to another local school	42008
district or districts within the territory of the educational	42009
service center. Such transfers may be made only to local school	42010
districts adjoining the school district that is proposed to be	42011
transferred, unless the board of education of the district	42012
proposed to be transferred has entered into an agreement pursuant	42013
to section 3313.42 of the Revised Code, in which case such	42014
transfers may be made to any local school district within the	42015
territory of the educational service center.	42016

When a governing board of an educational service center	42017
adopts a resolution proposing a transfer of school territory it	42018
shall forthwith file a copy of such resolution, together with an	42019
accurate map of the territory described in the resolution, with	42020
the board of education of each school district whose boundaries	42021
would be altered by such proposal. A governing board of an	42022
educational service center proposing a transfer of territory under	42023
the provisions of this section shall at its next regular meeting	42024
that occurs not earlier than thirty days after the adoption by the	42025
governing board of a resolution proposing such transfer, adopt a	42026
resolution making the transfer effective at any time prior to the	42027
next succeeding first day of July, unless, prior to the expiration	42028
of such thirty-day period, qualified electors residing in the area	42029
proposed to be transferred, equal in number to a majority of the	42030
qualified electors voting at the last general election, file a	42031
petition of referendum against such transfer.	42032

Any petition of transfer or petition of referendum filed	42033
under the provisions of this section shall be filed at the office	42034
of the educational service center superintendent. The person	42035
presenting the petition shall be given a receipt containing	42036
thereon the time of day, the date, and the purpose of the	42037
petition.	42038

The educational service center superintendent shall cause the	42039
board of elections to check the sufficiency of signatures on any	42040
petition of transfer or petition of referendum filed under this	42041
section and, if found to be sufficient, the superintendent shall	42042
present the petition to the educational service center governing	42043
board at a meeting of the board which shall occur not later than	42044
thirty days following the filing of the petition.	42045

Upon presentation to the educational service center governing	42046
board of a proposal to transfer territory as requested by petition	42047
of fifty-five per cent of the qualified electors voting at the	42048
last general election or a petition of referendum against a	42049
proposal of the county board to transfer territory, the governing	42050
board shall promptly certify the proposal to the board of	42051
elections for the purpose of having the proposal placed on the	42052
ballot at the next general or primary election which occurs not	42053
less than ninety days after the date of such certification, or at	42054
a special election, the date of which shall be specified in the	42055
certification, which date shall not be less than ninety days after	42056
the date of such certification. Signatures on a petition of	42057
transfer or petition of referendum may be withdrawn up to and	42058
including the above mentioned meeting of the educational service	42059
center governing board only by order of the board upon testimony	42060
of the petitioner concerned under oath before the board that the	42061
petitioner's signature was obtained by fraud, duress, or	42062
misrepresentation.	42063

If a petition is filed with the educational service center	42064
governing board which proposes the transfer of a part or all of	42065
the territory included in a resolution of transfer previously	42066
adopted by the educational service center governing board, no	42067
action shall be taken on such petition if within the thirty-day	42068
period after the adoption of the resolution of transfer a	42069
referendum petition is filed. After the election, if the proposed	42070
transfer fails to receive a majority vote, action on such petition	42071
shall then be processed under this section as though originally	42072
filed under the provisions hereof. If no referendum petition is	42073
filed within the thirty-day period after the adoption of the	42074
resolution of transfer, no action shall be taken on such petition.	42075

If a petition is filed with the educational service center	42076
governing board which proposes the transfer of a part or all of	42077
the territory included in a petition previously filed by electors	42078
no action shall be taken on such new petition.	42079

Upon certification of a proposal to the board or boards of	42080
elections pursuant to this section, the board or boards of	42081
elections shall make the necessary arrangements for the submission	42082
of such question to the electors of the county or counties	42083
qualified to vote thereon, and the election shall be conducted and	42084
canvassed and the results shall be certified in the same manner as	42085
in regular elections for the election of members of a board of	42086
education.	42087

The persons qualified to vote upon a proposal are the	42088
electors residing in the district or districts containing	42089
territory that is proposed to be transferred. If the proposed	42090
transfer be approved by at least a majority of the electors voting	42091
on the proposal, the educational service center governing board	42092
shall make such transfer at any time prior to the next succeeding	42093
first day of July. If the proposed transfer is not approved by at	42094
least a majority of the electors voting on the proposal, the	42095
question of transferring any property included in the territory	42096
covered by the proposal shall not be submitted to electors at any	42097
election prior to the first general election the date of which is	42098
at least two years after the date of the original election, or the	42099
first primary election held in an even-numbered year the date of	42100
which is at least two years after the date of the original	42101
election. A transfer shall be subject to the approval of the	42102
receiving board or boards of education, unless the proposal was	42103
initiated by the educational service center governing board, in	42104
which case, if the transfer is opposed by the board of education	42105
offered the territory, the local board may, within thirty days,	42106
following the receipt of the notice of transfer, appeal to the	42107
state board of education which shall then either approve or	42108
disapprove the transfer.	42109

Following an election upon a proposed transfer initiated by a	42110
petition the board of education that is offered territory shall,	42111
within thirty days following receipt of the proposal, either	42112
accept or reject the transfer.	42113

When an entire school district is proposed to be transferred	42114
to two or more school districts and the offer is rejected by any	42115
one of the receiving boards of education, none of the territory	42116
included in the proposal shall be transferred.	42117

Upon the acceptance of territory by the receiving board or	42118
boards of education the educational service center governing board	42119
offering the territory shall file with the county auditor and with	42120
the state board of education an accurate map showing the	42121
boundaries of the territory transferred.	42122

Upon the making of such transfer, the net indebtedness of the	42123
former district from which territory was transferred shall be	42124
apportioned between the acquiring school district and that portion	42125
of the former school district remaining after the transfer in the	42126
ratio which the assessed valuation of the territory transferred to	42127
the acquiring school district bears to the assessed valuation of	42128
the original school district as of the effective date of the	42129
transfer. As used in this section "net indebtedness" means the	42130
difference between the par value of the outstanding and unpaid	42131
bonds and notes of the school district and the amount held in the	42132
sinking fund and other indebtedness retirement funds for their	42133
redemption.	42134

~~If an entire district is transferred, any indebtedness of the~~	42135
~~former district incurred as a result of a loan made under section~~	42136
~~3317.64 of the Revised Code is hereby canceled and such~~	42137
~~indebtedness shall not be apportioned among any districts~~	42138
~~acquiring the territory.~~	42139

Upon the making of any transfer under this section, the funds	42140
of the district from which territory was transferred shall be	42141
divided equitably by the educational service center governing	42142
board between the acquiring district and any part of the original	42143
district remaining after the transfer.	42144

If an entire district is transferred the board of education	42145
of such district is thereby abolished or if a member of the board	42146
of education lives in that part of a school district transferred	42147
the member becomes a nonresident of the school district from which	42148
the territory was transferred and such member ceases to be a	42149
member of the board of education of such district.	42150

The legal title of all property of the board of education in	42151
the territory transferred shall become vested in the board of	42152
education of the school district to which such territory is	42153
transferred.	42154

Subsequent to June 30, 1959, if an entire district is	42155
transferred, foundation program moneys accruing to a district	42156
accepting school territory under the provisions of this section or	42157
former section 3311.22 of the Revised Code, shall not be less, in	42158
any year during the next succeeding three years following the	42159
transfer, than the sum of the amounts received by the districts	42160
separately in the year in which the transfer was consummated.	42161

Sec. 3311.231. A governing board of an educational service	42162
center may propose, by resolution adopted by majority vote of its	42163
full membership, or qualified electors of the area affected equal	42164
in number to not less than fifty-five per cent of the qualified	42165
electors voting at the last general election residing within that	42166
portion of a school district proposed to be transferred may	42167
propose, by petition, the transfer of a part or all of one or more	42168
local school districts within the territory of the center to an	42169
adjoining educational service center or to an adjoining city or	42170
exempted village school district.	42171

A governing board of an educational service center adopting a	42172
resolution proposing a transfer of school territory under this	42173
section shall file a copy of such resolution together with an	42174
accurate map of the territory described in the resolution, with	42175
the board of education of each school district whose boundaries	42176
would be altered by such proposal. Where a transfer of territory	42177
is proposed by a governing board of an educational service center	42178
under this section, the governing board shall, at its next regular	42179
meeting that occurs not earlier than the thirtieth day after the	42180
adoption by the governing board of the resolution proposing such	42181
transfer, adopt a resolution making the transfer as originally	42182
proposed, effective at any time prior to the next succeeding first	42183
day of July, unless, prior to the expiration of such thirty-day	42184
period, qualified electors residing in the area proposed to be	42185
transferred, equal in number to a majority of the qualified	42186
electors voting at the last general election, file a petition of	42187
referendum against such transfer.	42188

Any petition of transfer or petition of referendum under the	42189
provisions of this section shall be filed at the office of the	42190
educational service center superintendent. The person presenting	42191
the petition shall be given a receipt containing thereon the time	42192
of day, the date, and the purpose of the petition.	42193

The educational service center superintendent shall cause the	42194
board of elections to check the sufficiency of signatures on any	42195
such petition, and, if found to be sufficient, the superintendent	42196
shall present the petition to the educational service center	42197
governing board at a meeting of said governing board which shall	42198
occur not later than thirty days following the filing of said	42199
petition.	42200

The educational service center governing board shall promptly	42201
certify the proposal to the board of elections of such counties in	42202
which school districts whose boundaries would be altered by such	42203
proposal are located for the purpose of having the proposal placed	42204
on the ballot at the next general or primary election which occurs	42205
not less than ninety days after the date of such certification or	42206
at a special election, the date of which shall be specified in the	42207
certification, which date shall not be less than ninety days after	42208
the date of such certification.	42209

Signatures on a petition of transfer or petition of	42210
referendum may be withdrawn up to and including the above	42211
mentioned meeting of the educational service center governing	42212
board only by order of the governing board upon testimony of the	42213
petitioner concerned under oath before the board that the	42214
petitioner's signature was obtained by fraud, duress, or	42215
misrepresentation.	42216

If a petition is filed with the educational service center	42217
governing board which proposes the transfer of a part or all of	42218
the territory included either in a petition previously filed by	42219
electors or in a resolution of transfer previously adopted by the	42220
educational service center governing board, no action shall be	42221
taken on such new petition as long as the previously initiated	42222
proposal is pending before the governing board or is subject to an	42223
election.	42224

Upon certification of a proposal to the board or boards of	42225
elections pursuant to this section, the board or boards of	42226
elections shall make the necessary arrangements for the submission	42227
of such question to the electors of the county or counties	42228
qualified to vote thereon, and the election shall be conducted and	42229
canvassed and the results shall be certified in the same manner as	42230
in regular elections for the election of members of a board of	42231
education.	42232

The persons qualified to vote upon a proposal are the	42233
electors residing in the district or districts containing	42234
territory that is proposed to be transferred. If the proposed	42235
transfer is approved by at least a majority of the electors voting	42236
on the proposal, the educational service center governing board	42237
shall make such transfer at any time prior to the next succeeding	42238
first day of July, subject to the approval of the receiving board	42239
of education in case of a transfer to a city or exempted village	42240
school district, and subject to the approval of the educational	42241
service center governing board of the receiving center, in case of	42242
a transfer to an educational service center. If the proposed	42243
transfer is not approved by at least a majority of the electors	42244
voting on the proposal, the question of transferring any property	42245
included in the territory covered by the proposal shall not be	42246
submitted to electors at any election prior to the first general	42247
election the date of which is at least two years after the date of	42248
the original election, or the first primary election held in an	42249
even-numbered year the date of which is at least two years after	42250
the date of the original election.	42251

Where a territory is transferred under this section to a city	42252
or exempted village school district, the board of education of	42253
such district shall, and where territory is transferred to an	42254
educational service center the governing board of such educational	42255
service center shall, within thirty days following receipt of the	42256
proposal, either accept or reject the transfer.	42257

Where a governing board of an educational service center	42258
adopts a resolution accepting territory transferred to the	42259
educational service center under the provisions of sections	42260
3311.231 and 3311.24 of the Revised Code, the governing board	42261
shall, at the time of the adoption of the resolution accepting the	42262
territory, designate the school district to which the accepted	42263
territory shall be annexed.	42264

When an entire school district is proposed to be transferred	42265
to two or more adjoining school districts and the offer is	42266
rejected by any one of the receiving boards of education, none of	42267
the territory included in the proposal shall be transferred.	42268

Upon the acceptance of territory by the receiving board or	42269
boards of education the educational service center governing board	42270
offering the territory shall file with the county auditor of each	42271
county affected by the transfer and with the state board of	42272
education an accurate map showing the boundaries of the territory	42273
transferred.	42274

Upon the making of such transfer, the net indebtedness of the	42275
former district from which territory was transferred shall be	42276
apportioned between the acquiring school district and the portion	42277
of the former school district remaining after the transfer in the	42278
ratio which the assessed valuation of the territory transferred to	42279
the acquiring school district bears to the assessed valuation of	42280
the original school district as of the effective date of the	42281
transfer. As used in this section "net indebtedness" means the	42282
difference between the par value of the outstanding and unpaid	42283
bonds and notes of the school district and the amount held in the	42284
sinking fund and other indebtedness retirement funds for their	42285
redemption.	42286

~~If an entire district is transferred, any indebtedness of the~~	42287
~~former district incurred as a result of a loan made under section~~	42288
~~3317.64 of the Revised Code is hereby canceled and such~~	42289
~~indebtedness shall not be apportioned among any districts~~	42290
~~acquiring the territory.~~	42291

Upon the making of any transfer under this section, the funds	42292
of the district from which territory was transferred shall be	42293
divided equitably by the educational service center governing	42294
board, between the acquiring district and any part of the original	42295
district remaining after the transfer.	42296

If an entire district is transferred the board of education	42297
of such district is thereby abolished or if a member of the board	42298
of education lives in that part of a school district transferred	42299
the member becomes a nonresident of the school district from which	42300
the territory was transferred and such member ceases to be a	42301
member of the board of education of such district.	42302

The legal title of all property of the board of education in	42303
the territory transferred shall become vested in the board of	42304
education of the school district to which such territory is	42305
transferred.	42306

If an entire district is transferred, foundation program	42307
moneys accruing to a district receiving school territory under the	42308
provisions of this section shall not be less, in any year during	42309
the next succeeding three years following the transfer, than the	42310
sum of the amounts received by the districts separately in the	42311
year in which the transfer was consummated.	42312

Sec. 3311.38. The state board of education may conduct, or	42313
may direct the superintendent of public instruction to conduct,	42314
studies where there is evidence of need for transfer of local,	42315
exempted village, or city school districts, or parts of any such	42316
districts, to contiguous or noncontiguous local, exempted village,	42317
or city school districts. Such studies shall include a study of	42318
the effect of any proposal upon any portion of a school district	42319
remaining after such proposed transfer. The state board, in	42320
conducting such studies and in making recommendations as a result	42321
thereof, shall consider the possibility of improving school	42322
district organization as well as the desires of the residents of	42323
the school districts which would be affected.	42324

(A) After the adoption of recommendations growing out of any	42325
such study, or upon receipt of a resolution adopted by majority	42326
vote of the full membership of the board of any city, local, or	42327
exempted village school district requesting that the entire	42328
district be transferred to another city, local, or exempted	42329
village school district, the state board may propose by resolution	42330
the transfer of territory, which may consist of part or all of the	42331
territory of a local, exempted village, or city school district to	42332
a contiguous local, exempted village, or city school district.	42333

The state board shall thereupon file a copy of such proposal	42334
with the board of education of each school district whose	42335
boundaries would be altered by the proposal and with the governing	42336
board of any educational service center in which such school	42337
district is located.	42338

The state board may, not less than thirty days following the	42339
adoption of the resolution proposing the transfer of territory,	42340
certify the proposal to the board of elections of the county or	42341
counties in which any of the territory of the proposed district is	42342
located, for the purpose of having the proposal placed on the	42343
ballot at the next general election or at a primary election	42344
occurring not less than ninety days after the adoption of such	42345
resolution.	42346

If any proposal has been previously initiated pursuant to	42347
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	42348
affects any of the territory affected by the proposal of the state	42349
board, the proposal of the state board shall not be placed on the	42350
ballot while the previously initiated proposal is subject to an	42351
election.	42352

Upon certification of a proposal to the board of elections of	42353
any county pursuant to this section, the board of elections of	42354
such county shall make the necessary arrangements for the	42355
submission of such question to the electors of the county	42356
qualified to vote thereon, and the election shall be counted and	42357
canvassed and the results shall be certified in the same manner as	42358
in regular elections for the election of members of a board of	42359
education.	42360

The electors qualified to vote upon a proposal are the	42361
electors residing in the local, exempted village, or city school	42362
districts, containing territory proposed to be transferred.	42363

If the proposed transfer be approved by a majority of the	42364
electors voting on the proposal, the state board, subject to the	42365
approval of the board of education of the district to which the	42366
territory would be transferred, shall make such transfer prior to	42367
the next succeeding July 1.	42368

(B) If a study conducted in accordance with this section	42369
involves a school district with less than four thousand dollars of	42370
assessed value for each pupil in the total student count	42371
determined under section 3317.03 of the Revised Code, the state	42372
board of education, with the approval of the educational service	42373
center governing board, and upon recommendation by the state	42374
superintendent of public instruction, may by resolution transfer	42375
all or any part of such a school district to any city, exempted	42376
village, or local school district which has more than twenty-five	42377
thousand pupils in average daily membership. Such resolution of	42378
transfer shall be adopted only after the board of education of the	42379
receiving school district has adopted a resolution approving the	42380
proposed transfer. For the purposes of this division, the assessed	42381
value shall be as certified in accordance with section 3317.021 of	42382
the Revised Code.	42383

(C) Upon the making of a transfer of an entire school	42384
district pursuant to this section, the indebtedness of the	42385
district transferred shall be assumed in full by the acquiring	42386
district and the funds of the district transferred shall be paid	42387
over in full to the acquiring district~~, except that any~~	42388
~~indebtedness of the transferred district incurred as a result of a~~	42389
~~loan made under section 3317.64 of the Revised Code is hereby~~	42390
~~canceled and shall not be assumed by the acquiring district~~.	42391

(D) Upon the making of a transfer pursuant to this section,	42392
when only part of a district is transferred, the net indebtedness	42393
of each original district of which only a part is taken by the	42394
acquiring district shall be apportioned between the acquiring	42395
district and the original district in the ratio which the assessed	42396
valuation of the part taken by the acquiring district bears to the	42397
assessed valuation of the original district as of the effective	42398
date of the transfer. As used in this section "net indebtedness"	42399
means the difference between the par value of the outstanding and	42400
unpaid bonds and notes of the school district and the amount held	42401
in the sinking fund and other indebtedness retirement funds for	42402
their redemption.	42403

(E) Upon the making of a transfer pursuant to this section,	42404
when only part of a district is transferred, the funds of the	42405
district from which territory was transferred shall be divided	42406
equitably by the state board between the acquiring district and	42407
that part of the former district remaining after the transfer.	42408

(F) If an entire school district is transferred, the board of	42409
education of such district is thereby abolished. If part of a	42410
school district is transferred, any member of the board of	42411
education who is a legal resident of that part which is	42412
transferred shall thereby cease to be a member of that board.	42413

If an entire school district is transferred, foundation	42414
program moneys accruing to a district accepting school territory	42415
under the provisions of this section shall not be less, in any	42416
year during the next succeeding three years following the	42417
transfer, than the sum of the amounts received by the districts	42418
separately in the year in which the transfer became effective.	42419

Sec. 3311.78. Notwithstanding any provision of the Revised	42420
Code to the contrary, a municipal school district shall be subject	42421
to this section instead of sections ~~3317.13,~~ 3317.14, and 3317.141	42422
of the Revised Code.	42423

(A) As used in this section, "principal" includes an	42424
assistant principal.	42425

(B) The board of education of each municipal school district	42426
annually shall adopt a differentiated salary schedule for teachers	42427
based upon performance as described in division (D) of this	42428
section. The board also annually shall adopt a differentiated	42429
salary schedule for principals based upon performance as described	42430
in division (D) of this section.	42431

For each teacher or principal hired on or after ~~the effective~~	42432
~~date of this section~~October 1, 2012, the board shall determine	42433
the teacher's or principal's initial placement on the applicable	42434
salary schedule based on years of experience and area of licensure	42435
and any other factors the board considers appropriate. For each	42436
teacher hired prior to ~~the effective date of this section~~October	42437
1, 2012, the board shall initially place the teacher on the	42438
applicable salary schedule so that the teacher's annual salary on	42439
the schedule is comparable to the teacher's annual salary for the	42440
school year immediately prior to the school year covered by the	42441
schedule. For each principal hired prior to ~~the effective date of~~	42442
~~this section~~October 1, 2012, the board shall initially place the	42443
principal on the applicable salary schedule consistent with the	42444
principal's employment contract.	42445

(C) The salary of a teacher shall not be reduced unless such	42446
reduction is accomplished as part of a negotiated collective	42447
bargaining agreement. The salary of a principal shall not be	42448
reduced during the term of the principal's employment contract	42449
unless such reduction is by mutual agreement of the board and the	42450
principal or is part of a uniform plan affecting the entire	42451
district.	42452

(D) For purposes of the schedules, the board shall measure a	42453
teacher's or principal's performance by considering all of the	42454
following:	42455

(1) The level of license issued under section 3319.22 of the	42456
Revised Code that the teacher or principal holds;	42457

(2) Whether the teacher or principal is a highly qualified	42458
teacher, as defined in section 3319.074 of the Revised Code;	42459

(3) Ratings received by the teacher or principal on	42460
performance evaluations conducted under section 3311.80 or 3311.84	42461
of the Revised Code;	42462

(4) Any specialized training and experience in the assigned	42463
position.	42464

(E) The salary schedules adopted under this section may	42465
provide for additional compensation for teachers or principals who	42466
perform duties, not contracted for under a supplemental contract,	42467
that the board determines warrant additional compensation. Those	42468
duties may include, but are not limited to, assignment to a school	42469
building eligible for funding under Title I of the "Elementary and	42470
Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.;	42471
assignment to a building in "school improvement" status under the	42472
"No Child Left Behind Act of 2001," as defined in section 3302.01	42473
of the Revised Code; teaching in a grade level or subject area in	42474
which the board has determined there is a shortage within the	42475
district; assignment to a hard-to-staff school, as determined by	42476
the board; or teaching in a school with an extended school day or	42477
school year.	42478

(F) The chief executive officer of the district, or the chief	42479
executive officer's designee, annually shall review the salary of	42480
each teacher and principal and make a recommendation to the board.	42481
Based on the recommendation, the board may increase a teacher's or	42482
principal's salary based on the teacher's or principal's	42483
performance and duties as provided for in divisions (D) and (E) of	42484
this section. The performance-based increase for a teacher or	42485
principal rated as accomplished shall be greater than the	42486
performance-based increase for a teacher or principal rated as	42487
proficient. Notwithstanding division (C) of this section, division	42488
(C) of section 3319.02, and section 3319.12 of the Revised Code,	42489
the board may decrease the teacher's or principal's salary if the	42490
teacher or principal will perform fewer or different duties	42491
described in division (E) of this section in the school year for	42492
which the salary is decreased.	42493

(G) Notwithstanding any provision to the contrary in Chapter	42494
4117. of the Revised Code, the requirements of this section	42495
prevail over any conflicting provisions of a collective bargaining	42496
agreement entered into on or after ~~the effective date of this~~	42497
~~section~~October 1, 2012. However, the board and the teachers'	42498
labor organization shall negotiate the implementation of the	42499
differentiated salary schedule for teachers and may negotiate	42500
additional factors regarding teacher salaries, provided those	42501
factors are consistent with this section.	42502

Sec. 3312.08. Each fiscal agent selected by the department	42503
of education pursuant to section 3312.07 of the Revised Code shall	42504
do all of the following:	42505

(A) Enter into performance contracts with the department in	42506
accordance with section 3312.09 of the Revised Code for the	42507
implementation of state and regional education initiatives and	42508
school improvement efforts;	42509

(B) Receive federal and state funds, including federal funds	42510
for the provision of special education and related services, as	42511
specified in the performance contracts, and disburse those funds	42512
as specified in the performance contracts to educational service	42513
centers, information technology centers, and other regional	42514
service providers. However, any funds owed to an educational	42515
service center in accordance with an agreement entered into under	42516
section ~~3317.11~~3313.843, 3313.844, or 3313.845 of the Revised	42517
Code shall be paid directly to the service center by the	42518
department ~~in accordance with that section~~ and any operating funds	42519
appropriated for an information technology center shall be paid	42520
directly to the information technology center by the department	42521
pursuant to section 3301.075 of the Revised Code.	42522

(C) Implement any expenditure of funds recommended by the	42523
advisory council for the region pursuant to section 3312.04 of the	42524
Revised Code or required by the terms of any performance contract,	42525
unless there are insufficient funds available to the region to pay	42526
for the expenditure or the expenditure violates a provision of the	42527
Revised Code, a rule of the state board of education regarding	42528
such expenditure, or the terms of a performance contract;	42529

(D) Exercise fiscal oversight of the implementation of state	42530
and regional education initiatives and school improvement efforts.	42531

Sec. 3313.372. (A) As used in this section, "energy	42532
conservation measure" means an installation or modification of an	42533
installation in, or remodeling of, a building, to reduce energy	42534
consumption. It includes:	42535

(1) Insulation of the building structure and systems within	42536
the building;	42537

(2) Storm windows and doors, multiglazed windows and doors,	42538
heat absorbing or heat reflective glazed and coated window and	42539
door systems, additional glazing, reductions in glass area, and	42540
other window and door system modifications that reduce energy	42541
consumption;	42542

(3) Automatic energy control systems;

42543

(4) Heating, ventilating, or air conditioning system	42544
modifications or replacements;	42545

(5) Caulking and weatherstripping;

42546

(6) Replacement or modification of lighting fixtures to	42547
increase the energy efficiency of the system without increasing	42548
the overall illumination of a facility, unless such increase in	42549
illumination is necessary to conform to the applicable state or	42550
local building code for the proposed lighting system;	42551

(7) Energy recovery systems;

42552

(8) Cogeneration systems that produce steam or forms of	42553
energy such as heat, as well as electricity, for use primarily	42554
within a building or complex of buildings;	42555

(9) Any other modification, installation, or remodeling	42556
approved by the Ohio school facilities commission as an energy	42557
conservation measure.	42558

(B) A board of education of a city, exempted village, local,	42559
or joint vocational school district may enter into an installment	42560
payment contract for the purchase and installation of energy	42561
conservation measures. The provisions of such installment payment	42562
contracts dealing with interest charges and financing terms shall	42563
not be subject to the competitive bidding requirements of section	42564
3313.46 of the Revised Code, and shall be on the following terms:	42565

(1) Not less than one-fifteenth of the costs thereof shall be	42566
paid within two years from the date of purchase.	42567

(2) The remaining balance of the costs thereof shall be paid	42568
within fifteen years from the date of purchase.	42569

The provisions of any installment payment contract entered	42570
into pursuant to this section shall provide that all payments,	42571
except payments for repairs and obligations on termination of the	42572
contract prior to its expiration, be stated as a percentage of	42573
calculated energy, water, or waste water cost savings, avoided	42574
operating costs, and avoided capital costs attributable to the one	42575
or more measures over a defined period of time. Those payments	42576
shall be made only to the extent that the savings described in	42577
this division actually occur. The contractor shall warrant and	42578
guarantee that the energy conservation measures shall realize	42579
guaranteed savings. In order to ensure payment of any savings	42580
shortfall, the contractor shall provide an energy guarantee bond	42581
for the full term of the contract, including any partial guarantee	42582
year.	42583

The commission may reduce the term of any installment payment	42584
contract entered into under this section on or after the effective	42585
date of this amendment to three years.	42586

An installment payment contract entered into by a board of	42587
education under this section shall require the board to contract	42588
in accordance with division (A) of section 3313.46 of the Revised	42589
Code for the installation, modification, or remodeling of energy	42590
conservation measures unless division (A) of section 3313.46 of	42591
the Revised Code does not apply pursuant to division (B)(3) of	42592
that section.	42593

(C) The board may issue the notes of the school district	42594
signed by the president and the treasurer of the board and	42595
specifying the terms of the purchase and securing the deferred	42596
payments provided in this section, payable at the times provided	42597
and bearing interest at a rate not exceeding the rate determined	42598
as provided in section 9.95 of the Revised Code. The notes may	42599
contain an option for prepayment and shall not be subject to	42600
Chapter 133. of the Revised Code. In the resolution authorizing	42601
the notes, the board may provide, without the vote of the electors	42602
of the district, for annually levying and collecting taxes in	42603
amounts sufficient to pay the interest on and retire the notes,	42604
except that the total net indebtedness of the district without a	42605
vote of the electors incurred under this and all other sections of	42606
the Revised Code, except section 3318.052 of the Revised Code,	42607
shall not exceed one per cent of the district's tax valuation.	42608
Revenues derived from local taxes or otherwise, for the purpose of	42609
conserving energy or for defraying the current operating expenses	42610
of the district, may be applied to the payment of interest and the	42611
retirement of such notes. The notes may be sold at private sale or	42612
given to the contractor under the installment payment contract	42613
authorized by division (B) of this section.	42614

(D) Debt incurred under this section shall not be included in	42615
the calculation of the net indebtedness of a school district under	42616
section 133.06 of the Revised Code.	42617

(E) No school district board shall enter into an installment	42618
payment contract under division (B) of this section unless it	42619
first obtains a report of the costs of the energy conservation	42620
measures and the savings thereof as described under division (G)	42621
of section 133.06 of the Revised Code as a requirement for issuing	42622
energy securities, makes a finding that the amount spent on such	42623
measures is not likely to exceed the amount of money it would save	42624
in energy costs and resultant operational and maintenance costs as	42625
described in that division, except that that finding shall cover	42626
the ensuing fifteen years, and the Ohio school facilities	42627
commission determines that the district board's findings are	42628
reasonable and approves the contract as described in that	42629
division.	42630

The district board shall monitor the savings and maintain a	42631
report of those savings, which shall be submitted to the	42632
commission in the same manner as required by division (G) of	42633
section 133.06 of the Revised Code in the case of energy	42634
securities.	42635

Sec. 3313.376. As used in this section, "client school	42636
district" ~~has the same meaning as in section 3317.11 of the~~	42637
~~Revised Code~~means a city, exempted village, or local school	42638
district that has entered into an agreement under section 3313.843	42639
or 3313.845 of the Revised Code to receive any services from an	42640
educational service center.	42641

For the purpose of obtaining quantity discounts in purchasing	42642
textbooks; computer equipment, including computer software; school	42643
buses; and natural gas, electricity, and other utility services,	42644
the governing boards of two or more educational service centers	42645
may enter into agreements, including installment purchase and	42646
lease-purchase contracts, to jointly purchase such commodities to	42647
be utilized by client school districts of the educational service	42648
centers.	42649

Sec. 3313.42. (A) When in the judgment of a board of	42650
education of any school district in this state, lying adjacent to	42651
a school district of another state, the best interests of the	42652
public schools can be promoted by purchasing school grounds,	42653
repairing or erecting a schoolhouse, and maintaining them jointly	42654
between the two adjacent school districts, the board of education	42655
of the school district of this state so situated may enter into an	42656
agreement with the school authorities of said adjacent school	42657
district for the purpose of purchasing school grounds, repairing	42658
or constructing a school building, purchasing school furniture,	42659
equipment, appliances, fuel, employing teachers, and maintaining a	42660
school. The board of education of this state may levy taxes and	42661
perform such other duties in maintaining such joint school as are	42662
otherwise provided by law for maintaining the public schools in	42663
this state.	42664

In carrying out this section the school district shall pay	42665
such proportion of the cost of purchasing school grounds,	42666
repairing or erecting a building, and in maintaining the joint	42667
school as is equitable and just in the judgment of the board of	42668
education and trustees of the two adjacent school districts.	42669

(B) ~~In any school district that has entered into an agreement~~	42670
~~under division (A) of this section, the state minimum teacher~~	42671
~~salary requirements prescribed by section 3317.13 of the Revised~~	42672
~~Code do not apply if the total expenditures by the school district~~	42673
~~for teacher salaries in any school year equals or exceeds the~~	42674
~~total minimum expenditures that would have been required in that~~	42675
~~year if such minimum teacher salary requirements did apply.~~	42676

~~(C)~~ Notwithstanding sections 3319.01, 3319.02, and 3313.22 of	42677
the Revised Code, the board of education of a local school	42678
district that has entered into an agreement with an adjacent	42679
school district in another state under division (A) of this	42680
section may contract with the educational service center within	42681
which the local school district is located for the service center	42682
to provide any administrative services specified in the agreement	42683
to the local school district and the adjacent district. If such an	42684
agreement provides for the duties of a district treasurer,	42685
superintendent, or principals to be performed by the service	42686
center, the local school district is not required to employ	42687
persons to perform such duties.	42688

Sec. 3313.48. (A) The board of education of each city,	42689
exempted village, local, and joint vocational school district	42690
shall provide for the free education of the youth of school age	42691
within the district under its jurisdiction, at such places as will	42692
be most convenient for the attendance of the largest number	42693
thereof. ~~Except as provided in section 3313.481 of the Revised~~	42694
~~Code, each~~Each school so provided and each chartered nonpublic	42695
school shall be open for instruction with pupils in attendance,	42696
including scheduled classes, supervised activities, and approved	42697
education options but excluding lunch and breakfast periods and	42698
extracurricular activities, for not less than ~~one hundred~~	42699
~~eighty-two days~~four hundred fifty-five hours in the case of	42700
pupils in kindergarten unless such pupils are provided all-day	42701
kindergarten, as defined in section 3321.05 of the Revised Code,	42702
in which case the pupils shall be in attendance for nine hundred	42703
ten hours; nine hundred ten hours in the case of pupils in grades	42704
one through six; and one thousand one hours in the case of pupils	42705
in grades seven through twelve in each school year, which may	42706
include all of the following:	42707

~~(A)~~(1) Up to ~~four~~the equivalent of two school days per year	42708
~~in which classes are dismissed one-half day early or the~~	42709
~~equivalent amount of time during a different number of days~~during	42710
which pupils would otherwise be in attendance but are not required	42711
to attend for the purpose of individualized parent-teacher	42712
conferences and reporting periods;	42713

~~(B)~~(2) Up to the equivalent of two school days per year	42714
during which pupils would otherwise be in attendance but are not	42715
required to attend for professional meetings of teachers ~~when such~~	42716
~~days occur during a regular school week and schools are not in~~	42717
~~session~~;	42718

~~(C) The number of days the school is closed as a result of~~	42719
~~public calamity, as provided in section 3317.01 of the Revised~~	42720
~~Code~~(3) Morning and afternoon recess periods of not more than	42721
fifteen minutes duration per period for pupils in grades	42722
kindergarten through six.	42723

~~The state board of education shall adopt standards for~~	42724
~~defining "school day" as used in sections 3313.48 and 3317.01 of~~	42725
~~the Revised Code.~~	42726

~~Except as otherwise provided in this section, each day for~~	42727
~~grades seven through twelve shall consist of not less than five~~	42728
~~clock hours with pupils in attendance, except in such emergency~~	42729
~~situations, including lack of classroom space, as are approved by~~	42730
~~the state board of education. Except as otherwise provided in this~~	42731
~~section, each day for grades one through six shall consist of not~~	42732
~~less than five clock hours with pupils in attendance which may~~	42733
~~include fifteen minute morning and afternoon recess periods,~~	42734
~~except in such emergency situations, including lack of classroom~~	42735
~~space, as are approved by the state board of education.~~	42736

(B) Not later than thirty days prior to adopting a school	42737
calendar, the board of education of each city, exempted village,	42738
and local school district shall hold a public hearing on the	42739
school calendar, addressing topics that include, but are not	42740
limited to, the total number of hours in a school year, length of	42741
school day, and beginning and end dates of instruction. Each board	42742
shall publish notice of the hearing in a newspaper of general	42743
circulation in the district not later than thirty days prior to	42744
the hearing.	42745

(C) No school operated by a city, exempted village, local, or	42746
joint vocational school district shall reduce the number of hours	42747
in each school year that the school is scheduled to be open for	42748
instruction from the number of hours per year the school was open	42749
for instruction during the previous school year unless the	42750
reduction is approved by a resolution adopted by the district	42751
board of education. Any reduction so approved shall not result in	42752
fewer hours of instruction per school year than the applicable	42753
number of hours required under division (A) of this section.	42754

(D) Prior to making any change in the hours or days in which	42755
a high school under its jurisdiction is open for instruction, the	42756
board of education of each city, exempted village, and local	42757
school district shall consider the compatibility of the proposed	42758
change with the scheduling needs of any joint vocational school	42759
district in which any of the high school's students are also	42760
enrolled. The board shall consider the impact of the proposed	42761
change on student access to the instructional programs offered by	42762
the joint vocational school district, incentives for students to	42763
participate in career-technical education, transportation, and the	42764
timing of graduation. The board shall provide the joint vocational	42765
school district board with advance notice of the proposed change	42766
and the two boards shall enter into a written agreement	42767
prescribing reasonable accommodations to meet the scheduling needs	42768
of the joint vocational school district prior to implementation of	42769
the change.	42770

(E) Prior to making any change in the hours or days in which	42771
a school under its jurisdiction is open for instruction, the board	42772
of education of each city, exempted village, and local school	42773
district shall consider the compatibility of the proposed change	42774
with the scheduling needs of any community school established	42775
under Chapter 3314. of the Revised Code to which the district is	42776
required to transport students under sections 3314.09 and 3327.01	42777
of the Revised Code. The board shall consider the impact of the	42778
proposed change on student access to the instructional programs	42779
offered by the community school, transportation, and the timing of	42780
graduation. The board shall provide the sponsor, governing	42781
authority, and operator of the community school with advance	42782
notice of the proposed change, and the board and the governing	42783
authority, or operator if such authority is delegated to the	42784
operator, shall enter into a written agreement prescribing	42785
reasonable accommodations to meet the scheduling needs of the	42786
community school prior to implementation of the change.	42787

(F) Prior to making any change in the hours or days in which	42788
the schools under its jurisdiction are open for instruction, the	42789
board of education of each city, exempted village, and local	42790
school district shall consult with the chartered nonpublic schools	42791
to which the district is required to transport students under	42792
section 3327.01 of the Revised Code and shall consider the effect	42793
of the proposed change on the schedule for transportation of those	42794
students to their nonpublic schools. The governing authority of a	42795
chartered nonpublic school shall consult with each school district	42796
board of education that transports students to the chartered	42797
nonpublic school under section 3327.01 of the Revised Code prior	42798
to making any change in the hours or days in which the nonpublic	42799
school is open for instruction.	42800

(G) The state board of education shall not adopt or enforce	42801
any rule or standard that imposes on chartered nonpublic schools	42802
the procedural requirements imposed on school districts by	42803
divisions (B), (C), (D), and (E) of this section.	42804

Sec. 3313.481. Wherever in Title XXXIII of the Revised Code	42805
the term "school day" is used, unless otherwise specified, that	42806
term shall be construed to mean the time during a calendar day	42807
that a school is open for instruction pursuant to the schedule	42808
adopted by the board of education of the school district or the	42809
governing authority of the chartered nonpublic school in	42810
accordance with section 3313.48 of the Revised Code.	42811

Sec. 3313.483. (A) A board of education, upon the adoption	42812
of a resolution stating that it may be financially unable to open	42813
on the day or to remain open for instruction on all days set forth	42814
in its adopted school calendar and pay all obligated expenses, or	42815
the superintendent of public instruction upon the issuance of	42816
written notification under division (B) of section 3313.489 of the	42817
Revised Code, shall request the auditor of state to determine	42818
whether such situation exists. The auditor shall deliver a copy of	42819
each request from a board of education to the superintendent of	42820
public instruction. In the case of a school district not under a	42821
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	42822
auditor shall not issue a finding under this section until written	42823
notification is received from the superintendent pursuant to	42824
section 3313.487 of the Revised Code.	42825

(B) If the auditor of state finds that the board of education	42826
has attempted to avail itself to the fullest extent authorized by	42827
law of all lawful revenue sources available to it except those	42828
authorized by section 5705.21 of the Revised Code, the auditor	42829
shall certify that finding to the superintendent of public	42830
instruction and the state board of education and shall certify the	42831
operating deficit the district will have at the end of the fiscal	42832
year if it commences or continues operating its instructional	42833
program in accordance with its adopted school calendar and pays	42834
all obligated expenses.	42835

(C) No board of education may delay the opening of its	42836
schools or close its schools for financial reasons. Upon the	42837
request of the superintendent of public instruction, the attorney	42838
general shall seek injunctive relief and any other relief required	42839
to enforce this prohibition in the court of common pleas of	42840
Franklin county. The court of common pleas of Franklin county has	42841
exclusive original jurisdiction over all such actions.	42842

(D) Upon the receipt of any certification of an operating	42843
deficit from the auditor of state, a board of education shall make	42844
application to a commercial bank, underwriter, or other	42845
prospective lender or purchaser of its obligations for a loan in	42846
an amount sufficient to enable the district to open or remain open	42847
for instruction on all days set forth in its adopted school	42848
calendar but not to exceed the amount of the deficit certified.	42849

(E)(1) Any board of education that has applied for and been	42850
denied a loan from a commercial bank, underwriter, or other	42851
prospective lender or purchaser of its obligations pursuant to	42852
division (D) of this section shall submit to the superintendent of	42853
public instruction a plan for implementing reductions in the	42854
school district's budget; apply for a loan from a commercial bank,	42855
underwriter, or other prospective lender or purchaser of its	42856
obligations in an amount not to exceed its certified deficit; and	42857
provide the superintendent such information as the superintendent	42858
requires concerning its application for such a loan. The board of	42859
education of a school district declared to be under a fiscal watch	42860
pursuant to division (A) of section 3316.03 of the Revised Code	42861
may, upon approval of the superintendent, utilize the financial	42862
plan required by section 3316.04 of the Revised Code, or	42863
applicable parts thereof, as the plan required under this	42864
division. The board of education of a school district declared to	42865
be under a fiscal emergency pursuant to division (B) of section	42866
3316.03 of the Revised Code may utilize the financial recovery	42867
plan for the district, or applicable parts thereof, as the plan	42868
required under this division. Except for the plan of a school	42869
district under a fiscal emergency, the superintendent shall	42870
evaluate, make recommendations concerning, and approve or	42871
disapprove each plan. When a plan is submitted, the superintendent	42872
shall immediately notify the members of the general assembly whose	42873
legislative districts include any or all of the territory of the	42874
school district submitting the plan.	42875

(2) The superintendent shall submit to the controlling board	42876
a copy of each plan the superintendent approves, or each plan	42877
submitted by a district under a fiscal emergency pursuant to	42878
division (B) of section 3316.03 of the Revised Code, and the	42879
general terms of each proposed loan, and shall make	42880
recommendations regarding the plan and whether a proposed loan to	42881
the board of education should be approved for payment as provided	42882
in division (E)(3) of this section. The controlling board shall	42883
approve or disapprove the plan and the proposed loan presented to	42884
it by the superintendent. In the case of a district not under a	42885
fiscal emergency pursuant to division (B) of section 3316.03 of	42886
the Revised Code, the controlling board may require a board of	42887
education to implement the superintendent's recommendations for	42888
expenditure reductions or impose other requirements. Loan	42889
repayments shall be in accordance with a schedule approved by the	42890
superintendent, except that the principal amount of the loan shall	42891
be payable in monthly, semiannual, or annual installments of	42892
principal and interest that are substantially equal principal and	42893
interest installments. Except as otherwise provided in division	42894
(E)(2) of this section, repayment shall be made no later than the	42895
fifteenth day of June of the second fiscal year following the	42896
approval of the loan. A school district with a certified deficit	42897
in excess of either twenty-five million dollars or fifteen per	42898
cent of the general fund expenditures of the district during the	42899
fiscal year shall repay the loan no later than the fifteenth day	42900
of June of the tenth fiscal year following the approval of the	42901
loan. In deciding whether to approve or disapprove a proposed	42902
loan, the controlling board shall consider the deficit certified	42903
by the auditor of state pursuant to this section. A board of	42904
education that has an outstanding loan approved pursuant to this	42905
section with a repayment date of more than two fiscal years after	42906
the date of approval of such loan may not apply for another loan	42907
with such a repayment date until the outstanding loan has been	42908
repaid.	42909

(3) If a board of education has submitted and received	42910
controlling board approval of a plan and proposed loan in	42911
accordance with this section, the superintendent of public	42912
instruction shall report to the controlling board the actual	42913
amounts loaned to the board of education. Such board of education	42914
shall request the superintendent to pay any funds the board of	42915
education would otherwise receive pursuant to Chapter 3306. of the	42916
Revised Code first directly to the holders of the board of	42917
education's notes, or an agent thereof, such amounts as are	42918
specified under the terms of the loan. Such payments shall be made	42919
only from and to the extent of money appropriated by the general	42920
assembly for purposes of such sections. No note or other	42921
obligation of the board of education under the loan constitutes an	42922
obligation nor a debt or a pledge of the faith, credit, or taxing	42923
power of the state, and the holder or owner of such note or	42924
obligation has no right to have taxes levied by the general	42925
assembly for the payment of such note or obligation, and such note	42926
or obligation shall contain a statement to that effect.	42927

(4) Pursuant to the terms of such a loan, a board of	42928
education may issue its notes in anticipation of the collection of	42929
its voted levies for current expenses or its receipt of such state	42930
funds or both. Such notes shall be issued in accordance with	42931
division (E) of section 133.10 of the Revised Code and constitute	42932
Chapter 133. securities to the extent such division and the	42933
otherwise applicable provisions of Chapter 133. of the Revised	42934
Code are not inconsistent with this section, provided that in any	42935
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	42936
(E)(2) of section 133.10 of the Revised Code do not apply to such	42937
notes.	42938

(5) Notwithstanding section 133.36 or 3313.17, any other	42939
section of the Revised Code, or any other provision of law, a	42940
board of education that has received a loan under this section may	42941
not declare bankruptcy, so long as any portion of such loan	42942
remains unpaid.	42943

(F) Under this section and ~~sections~~section 3313.4810 ~~and~~	42944
~~3313.4811~~, "board of education" or "district board" includes the	42945
financial planning and supervision commission of a school district	42946
under a fiscal emergency pursuant to Chapter 3316. of the Revised	42947
Code where such commission chooses to exercise the powers and	42948
duties otherwise required of the district board of education under	42949
this section and ~~sections~~section 3313.4810 ~~and 3313.4811~~ of the	42950
Revised Code.	42951

Sec. 3313.484. No loan shall be approved under sections	42952
3313.483 to ~~3313.4811~~3313.4810 of the Revised Code after March 1,	42953
1998.	42954

By the last day of June each year, the department of	42955
education shall calculate and pay a subsidy to every school	42956
district that during the current fiscal year paid and was	42957
obligated to pay interest on a loan under sections 3313.483 to	42958
~~3313.4811~~3313.4810 of the Revised Code in excess of two per cent	42959
simple interest. The amount of the subsidy shall equal the	42960
difference between the amount of interest the district paid and	42961
was obligated to pay during the year and the interest that the	42962
district would have been obligated to pay if the interest rate on	42963
the loan had been two per cent per year.	42964

Sec. 3313.488. (A) Within fifteen days ofafter the date a	42965
~~board of education requests that its school district be made~~	42966
~~subject to this section as authorized by section 3317.62 of the~~	42967
~~Revised Code, or~~ the state board of education ~~has issued~~issues an	42968
order under section 3313.487 of the Revised Code making a school	42969
district subject to this section, the district's board of	42970
education shall prepare a fiscal statement of expenses and	42971
expenditures for the remainder of the current fiscal year. The	42972
fiscal statement shall be submitted to the superintendent of	42973
public instruction and shall set forth all revenues to be received	42974
by the district during the remainder of the fiscal year and their	42975
sources, the expenses to be incurred by the district during the	42976
remainder of the fiscal year, the outstanding and unpaid expenses	42977
at the time the fiscal statement is prepared and the date or dates	42978
by which such expenses must be paid, and such other information as	42979
the superintendent requires to enable the superintendent to ensure	42980
that during the remainder of the fiscal year, the district will	42981
not incur any expenses that will further impair its ability to	42982
operate an instructional program that meets or exceeds the minimum	42983
standards of the state board of education and requirements of the	42984
Revised Code during the current and ensuing fiscal years with the	42985
revenue available to it from existing revenue sources. The fiscal	42986
statement shall be presented in such detail and form as the	42987
superintendent prescribes. Beginning the tenth day after the	42988
fiscal statement is submitted and for the remainder of the fiscal	42989
year, the board shall not make any expenditure of money, make any	42990
employment, purchase, or rental contract, give any order involving	42991
the expenditure of money, or increase any wage or salary schedule	42992
unless the superintendent of public instruction has approved the	42993
fiscal statement in writing and the expenditure, contract, order,	42994
or schedule has been approved in writing by the superintendent as	42995
being in conformity with the fiscal statement.	42996

Any contract or expenditure made, order given, or schedule	42997
adopted or put into effect without the written approval of the	42998
superintendent of public instruction is void, and no warrant shall	42999
be issued in payment of any amount due thereon.	43000

(B) A board of education subject to division (A) of this	43001
section shall prepare a fiscal statement of expenses and	43002
expenditures for the ensuing fiscal year. The fiscal statement	43003
shall be submitted to the superintendent of public instruction and	43004
shall set forth all revenues to be received by the district during	43005
such year and their source, the expenses to be incurred by the	43006
district during such year, the outstanding and unpaid expenses on	43007
the first day of such fiscal year, the date or dates by which such	43008
expenses must be paid, and such other information as the	43009
superintendent requires to enable the superintendent to ensure	43010
that during such year, the district will not incur any expenses	43011
that will further impair its ability to operate an instructional	43012
program that meets or exceeds the minimum standards of the state	43013
board of education and requirements of the Revised Code during	43014
such year with the revenue available to it from existing revenue	43015
sources. The fiscal statement shall be presented at the time and	43016
in such detail and form as the superintendent prescribes. During	43017
the fiscal year following the year in which a board of education	43018
first becomes subject to division (A) of this section it shall not	43019
make any expenditure of money, make any employment, purchase, or	43020
rental contract, give any order involving the expenditure of	43021
money, or increase any wage or salary schedule unless the	43022
superintendent of public instruction has approved the fiscal	43023
statement submitted under this division in writing and has	43024
approved the expenditure, contract, order, or schedule in writing	43025
as being in conformity with the fiscal statement.	43026

Any contract or expenditure made, order given, or schedule	43027
adopted or put into effect without the written approval of the	43028
superintendent of public instruction is void, and no warrant shall	43029
be issued in payment of any amount due thereon.	43030

(C) The state board of education shall examine any fiscal	43031
statement presented to and approved by the superintendent of	43032
public instruction under division (B) of this section and shall	43033
determine whether the data set forth in the fiscal statement are	43034
factual and based upon assumptions that in its judgment are	43035
reasonable expectations consistent with acceptable governmental	43036
budget and accounting practices. If the state board so determines	43037
and finds that the revenues and expenditures in the fiscal	43038
statement are in balance for the fiscal year and the fiscal	43039
statement will enable the district to operate during such year	43040
without interrupting its school calendar, it shall certify its	43041
determination and finding to the district at least thirty days	43042
prior to the beginning of the fiscal year, and the district shall	43043
thereupon cease to be subject to this section. If the state board	43044
does not make such a determination and finding, the board of	43045
education and school district are subject to this division and	43046
division (B) of this section in the ensuing fiscal year and each	43047
fiscal year thereafter until the state board makes a	43048
determination, finding, and certification under this division.	43049

(D) Any officer, employee, or other person who knowingly	43050
expends or authorizes the expenditure of any public funds or	43051
knowingly authorizes or executes any contract, order, or schedule	43052
contrary to division (A) or (B) of this section or who knowingly	43053
expends or authorizes the expenditure of any public funds on any	43054
such void contract, order, or schedule is jointly and severally	43055
liable in person and upon any official bond that the officer,	43056
employee, or other person has given to such school district to the	43057
extent of any payments on the void claim, not to exceed twenty	43058
thousand dollars. The attorney general at the written request of	43059
the superintendent of public instruction shall enforce this	43060
liability by civil action brought in any court of appropriate	43061
jurisdiction in the name of and on behalf of the school district.	43062

(E) During each month that a board of education is subject to	43063
division (A), (B), or (C) of this section, the superintendent of	43064
public instruction shall submit a report to the speaker of the	43065
house of representatives and the president of the senate on the	43066
financial condition of the school district. The report shall	43067
contain the date by which the superintendent anticipates the	43068
district will cease to be subject to such divisions, the	43069
district's plans for becoming exempt from such section, and such	43070
other information the superintendent determines appropriate or the	43071
speaker of the house of representatives or president of the senate	43072
requests.	43073

In addition to the other reports required under this	43074
division, on the thirty-first day of each school district fiscal	43075
year following a fiscal year in which a school district first	43076
becomes subject to this section, the superintendent shall submit a	43077
written report to the speaker of the house of representatives and	43078
the president of the senate. The report shall include	43079
recommendations to the general assembly for strengthening the	43080
financial condition of school districts based upon the experiences	43081
of the superintendent and the state board in exercising their	43082
powers under this section and sections 3313.483 and 3313.487 of	43083
the Revised Code.	43084

(F) This section does not apply to a school district declared	43085
to be under a fiscal emergency pursuant to division (B) of section	43086
3316.03 of the Revised Code.	43087

Sec. 3313.4810. Any school district receiving a loan under	43088
section 3313.483 ~~or 3317.64~~ of the Revised Code in excess of seven	43089
per cent of the general fund expenditures of the district during	43090
the fiscal year in which the loan is received and that has	43091
received a loan under that section within the last five years is	43092
subject to section 3313.488 of the Revised Code for the duration	43093
of the fiscal year in which the district receives the loan and	43094
during the ensuing two fiscal years. The controlling board may not	43095
relieve a school district to which this section applies from any	43096
requirements imposed under section 3313.483 ~~or 3317.64~~ of the	43097
Revised Code to implement recommendations of the superintendent of	43098
public instruction for expenditure reduction and may not modify	43099
any other requirements imposed under such section upon such a	43100
district as a condition for receiving the loan unless expressly	43101
authorized to do so by law. The superintendent of public	43102
instruction shall, among any recommendations hethe superintendent	43103
makes for expenditure reduction under section 3313.483 ~~or 3317.63~~	43104
of the Revised Code affecting the number of employees of a school	43105
district to which this section applies, provide wherever possible	43106
for the retention of teachers who are actually involved in the	43107
daily teaching of students in the classroom.	43108

Sec. 3313.533. (A) The board of education of a city,	43109
exempted village, or local school district may adopt a resolution	43110
to establish and maintain an alternative school in accordance with	43111
this section. The resolution shall specify, but not necessarily be	43112
limited to, all of the following:	43113

(1) The purpose of the school, which purpose shall be to	43114
serve students who are on suspension, who are having truancy	43115
problems, who are experiencing academic failure, who have a	43116
history of class disruption, who are exhibiting other academic or	43117
behavioral problems specified in the resolution, or who have been	43118
discharged or released from the custody of the department of youth	43119
services under section 5139.51 of the Revised Code;	43120

(2) The grades served by the school, which may include any of	43121
grades kindergarten through twelve;	43122

(3) A requirement that the school be operated in accordance	43123
with this section. The board of education adopting the resolution	43124
under division (A) of this section shall be the governing board of	43125
the alternative school. The board shall develop and implement a	43126
plan for the school in accordance with the resolution establishing	43127
the school and in accordance with this section. Each plan shall	43128
include, but not necessarily be limited to, all of the following:	43129

(a) Specification of the reasons for which students will be	43130
accepted for assignment to the school and any criteria for	43131
admission that are to be used by the board to approve or	43132
disapprove the assignment of students to the school;	43133

(b) Specification of the criteria and procedures that will be	43134
used for returning students who have been assigned to the school	43135
back to the regular education program of the district;	43136

(c) An evaluation plan for assessing the effectiveness of the	43137
school and its educational program and reporting the results of	43138
the evaluation to the public.	43139

(B) Notwithstanding any provision of Title XXXIII of the	43140
Revised Code to the contrary, the alternative school plan may	43141
include any of the following:	43142

(1) A requirement that on each school day students must	43143
attend school or participate in other programs specified in the	43144
plan or by the chief administrative officer of the school for a	43145
period equal to the minimum school day set by the ~~state~~ board of	43146
education under section 3313.48 of the Revised Code plus any	43147
additional time required in the plan or by the chief	43148
administrative officer;	43149

(2) Restrictions on student participation in extracurricular	43150
or interscholastic activities;	43151

(3) A requirement that students wear uniforms prescribed by	43152
the district board of education.	43153

(C) In accordance with the alternative school plan, the	43154
district board of education may employ teachers and nonteaching	43155
employees necessary to carry out its duties and fulfill its	43156
responsibilities or may contract with a nonprofit or for profit	43157
entity to operate the alternative school, including the provision	43158
of personnel, supplies, equipment, or facilities.	43159

(D) An alternative school may be established in all or part	43160
of a school building.	43161

(E) If a district board of education elects under this	43162
section, or is required by section 3313.534 of the Revised Code,	43163
to establish an alternative school, the district board may join	43164
with the board of education of one or more other districts to form	43165
a joint alternative school by forming a cooperative education	43166
school district under section 3311.52 or 3311.521 of the Revised	43167
Code, or a joint educational program under section 3313.842 of the	43168
Revised Code. The authority to employ personnel or to contract	43169
with a nonprofit or for profit entity under division (C) of this	43170
section applies to any alternative school program established	43171
under this division.	43172

(F) Any individual employed as a teacher at an alternative	43173
school operated by a nonprofit or for profit entity under this	43174
section shall be licensed and shall be subject to background	43175
checks, as described in section 3319.39 of the Revised Code, in	43176
the same manner as an individual employed by a school district.	43177

(G) Division (G) of this section applies only to any	43178
alternative school that is operated by a nonprofit or for profit	43179
entity under contract with the school district.	43180

(1) In addition to the specifications authorized under	43181
division (B) of this section, any plan adopted under that division	43182
for an alternative school to which division (G) of this section	43183
also applies shall include the following:	43184

(a) A description of the educational program provided at the	43185
alternative school, which shall include:	43186

(i) Provisions for the school to be configured in clusters or	43187
small learning communities;	43188

(ii) Provisions for the incorporation of education technology	43189
into the curriculum;	43190

(iii) Provisions for accelerated learning programs in reading	43191
and mathematics.	43192

(b) A method to determine the reading and mathematics level	43193
of each student assigned to the alternative school and a method to	43194
continuously monitor each student's progress in those areas. The	43195
methods employed under this division shall be aligned with the	43196
curriculum adopted by the school district board of education under	43197
section 3313.60 of the Revised Code.	43198

(c) A plan for social services to be provided at the	43199
alternative school, such as, but not limited to, counseling	43200
services, psychological support services, and enrichment programs;	43201

(d) A plan for a student's transition from the alternative	43202
school back to a school operated by the school district;	43203

(e) A requirement that the alternative school maintain	43204
financial records in a manner that is compatible with the form	43205
prescribed for school districts by the auditor of state to enable	43206
the district to comply with any rules adopted by the auditor of	43207
state.	43208

(2) Notwithstanding division (A)(2) of this section, any	43209
alternative school to which division (G) of this section applies	43210
shall include only grades six through twelve.	43211

(3) Notwithstanding anything in division (A)(3)(a) of this	43212
section to the contrary, the characteristics of students who may	43213
be assigned to an alternative school to which division (G) of this	43214
section applies shall include only disruptive and low-performing	43215
students.	43216

(H) When any district board of education determines to	43217
contract with a nonprofit or for profit entity to operate an	43218
alternative school under this section, the board shall use the	43219
procedure set forth in this division.	43220

(1) The board shall publish notice of a request for proposals	43221
in a newspaper of general circulation in the district once each	43222
week for a period of two consecutive weeks, or as provided in	43223
section 7.16 of the Revised Code, prior to the date specified by	43224
the board for receiving proposals. Notices of requests for	43225
proposals shall contain a general description of the subject of	43226
the proposed contract and the location where the request for	43227
proposals may be obtained. The request for proposals shall include	43228
all of the following information:	43229

(a) Instructions and information to respondents concerning	43230
the submission of proposals, including the name and address of the	43231
office where proposals are to be submitted;	43232

(b) Instructions regarding communications, including at least	43233
the names, titles, and telephone numbers of persons to whom	43234
questions concerning a proposal may be directed;	43235

(c) A description of the performance criteria that will be	43236
used to evaluate whether a respondent to which a contract is	43237
awarded is meeting the district's educational standards or the	43238
method by which such performance criteria will be determined;	43239

(d) Factors and criteria to be considered in evaluating	43240
proposals, the relative importance of each factor or criterion,	43241
and a description of the evaluation procedures to be followed;	43242

(e) Any terms or conditions of the proposed contract,	43243
including any requirement for a bond and the amount of such bond;	43244

(f) Documents that may be incorporated by reference into the	43245
request for proposals, provided that the request for proposals	43246
specifies where such documents may be obtained and that such	43247
documents are readily available to all interested parties.	43248

(2) After the date specified for receiving proposals, the	43249
board shall evaluate the submitted proposals and may hold	43250
discussions with any respondent to ensure a complete understanding	43251
of the proposal and the qualifications of such respondent to	43252
execute the proposed contract. Such qualifications shall include,	43253
but are not limited to, all of the following:	43254

(a) Demonstrated competence in performance of the required	43255
services as indicated by effective implementation of educational	43256
programs in reading and mathematics and at least three years of	43257
experience successfully serving a student population similar to	43258
the student population assigned to the alternative school;	43259

(b) Demonstrated performance in the areas of cost	43260
containment, the provision of educational services of a high	43261
quality, and any other areas determined by the board;	43262

(c) Whether the respondent has the resources to undertake the	43263
operation of the alternative school and to provide qualified	43264
personnel to staff the school;	43265

(d) Financial responsibility.

43266

(3) The board shall select for further review at least three	43267
proposals from respondents the board considers qualified to	43268
operate the alternative school in the best interests of the	43269
students and the district. If fewer than three proposals are	43270
submitted, the board shall select each proposal submitted. The	43271
board may cancel a request for proposals or reject all proposals	43272
at any time prior to the execution of a contract.	43273

The board may hold discussions with any of the three selected	43274
respondents to clarify or revise the provisions of a proposal or	43275
the proposed contract to ensure complete understanding between the	43276
board and the respondent of the terms under which a contract will	43277
be entered. Respondents shall be accorded fair and equal treatment	43278
with respect to any opportunity for discussion regarding	43279
clarifications or revisions. The board may terminate or	43280
discontinue any further discussion with a respondent upon written	43281
notice.	43282

(4) Upon further review of the three proposals selected by	43283
the board, the board shall award a contract to the respondent the	43284
board considers to have the most merit, taking into consideration	43285
the scope, complexity, and nature of the services to be performed	43286
by the respondent under the contract.	43287

(5) Except as provided in division (H)(6) of this section,	43288
the request for proposals, submitted proposals, and related	43289
documents shall become public records under section 149.43 of the	43290
Revised Code after the award of the contract.	43291

(6) Any respondent may request in writing that the board not	43292
disclose confidential or proprietary information or trade secrets	43293
contained in the proposal submitted by the respondent to the	43294
board. Any such request shall be accompanied by an offer of	43295
indemnification from the respondent to the board. The board shall	43296
determine whether to agree to the request and shall inform the	43297
respondent in writing of its decision. If the board agrees to	43298
nondisclosure of specified information in a proposal, such	43299
information shall not become a public record under section 149.43	43300
of the Revised Code. If the respondent withdraws its proposal at	43301
any time prior to the execution of a contract, the proposal shall	43302
not be a public record under section 149.43 of the Revised Code.	43303

(I) Upon a recommendation from the department and in	43304
accordance with section 3301.16 of the Revised Code, the state	43305
board of education may revoke the charter of any alternative	43306
school operated by a school district that violates this section.	43307

Sec. 3313.539. (A) As used in this section~~, "physician"~~:

43308

"Physician" means a person authorized under Chapter 4731. of	43309
the Revised Code to practice medicine and surgery or osteopathic	43310
medicine and surgery.	43311

"Chiropractor" means a person licensed under Chapter 4734. of	43312
the Revised Code to practice chiropractic.	43313

(B) No school district board of education or governing	43314
authority of a chartered or nonchartered nonpublic school shall	43315
permit a student to practice for or compete in interscholastic	43316
athletics until the student has submitted, to a school official	43317
designated by the board or governing authority, a form signed by	43318
the parent, guardian, or other person having care or charge of the	43319
student stating that the student and the parent, guardian, or	43320
other person having care or charge of the student have received	43321
the concussion and head injury information sheet required by	43322
section 3707.52 of the Revised Code. A completed form shall be	43323
submitted each school year, as defined in section 3313.62 of the	43324
Revised Code, for each sport or other category of interscholastic	43325
athletics for or in which the student practices or competes.	43326

(C)(1) No school district board of education or governing	43327
authority of a chartered or nonchartered nonpublic school shall	43328
permit an individual to coach interscholastic athletics unless the	43329
individual holds a pupil-activity program permit issued under	43330
section 3319.303 of the Revised Code for coaching interscholastic	43331
athletics.	43332

(2) No school district board of education or governing	43333
authority of a chartered or nonchartered nonpublic school shall	43334
permit an individual to referee interscholastic athletics unless	43335
the individual holds a pupil-activity program permit issued under	43336
section 3319.303 of the Revised Code for coaching interscholastic	43337
athletics or presents evidence that the individual has	43338
successfully completed, within the previous three years, a	43339
training program in recognizing the symptoms of concussions and	43340
head injuries to which the department of health has provided a	43341
link on its internet web site under section 3707.52 of the Revised	43342
Code or a training program authorized and required by an	43343
organization that regulates interscholastic conferences or events.	43344

(D) If a student practicing for or competing in an	43345
interscholastic athletic event exhibits signs, symptoms, or	43346
behaviors consistent with having sustained a concussion or head	43347
injury while participating in the practice or competition, the	43348
student shall be removed from the practice or competition by	43349
either of the following:	43350

(1) The individual who is serving as the student's coach	43351
during that practice or competition;	43352

(2) An individual who is serving as a referee during that	43353
practice or competition.	43354

(E)(1) If a student is removed from practice or competition	43355
under division (D) of this section, the coach or referee who	43356
removed the student shall not allow the student, on the same day	43357
the student is removed, to return to that practice or competition	43358
or to participate in any other practice or competition for which	43359
the coach or referee is responsible. Thereafter, the coach or	43360
referee shall not allow the student to return to that practice or	43361
competition or to participate in any other practice or competition	43362
for which the coach or referee is responsible until both of the	43363
following conditions are satisfied:	43364

(a) The student's condition is assessed by ~~either~~any of the	43365
following:	43366

(i) A physician;

43367

(ii) A chiropractor;

43368

(iii) Any other licensed health care provider the school	43369
district board of education or governing authority of the	43370
chartered or nonchartered nonpublic school, pursuant to division	43371
(E)(2) of this section, authorizes to assess a student who has	43372
been removed from practice or competition under division (D) of	43373
this section.	43374

(b) The student receives written clearance that it is safe	43375
for the student to return to practice or competition from a	43376
physician, chiropractor, or ~~from~~ another licensed health care	43377
provider authorized pursuant to division (E)(2) of this section to	43378
grant the clearance.	43379

(2) A school district board of education or governing	43380
authority of a chartered or nonchartered nonpublic school may	43381
authorize a licensed health care provider who is not a physician	43382
or a chiropractor to make an assessment or grant a clearance for	43383
purposes of division (E)(1) of this section only if the provider	43384
is acting in accordance with one of the following, as applicable	43385
to the provider's authority to practice in this state:	43386

(a) In consultation with a physician;

43387

(b) Pursuant to the referral of a physician;

43388

43389

(d) Under the supervision of a physician.

43390

(3) A physician, chiropractor, or other licensed health care	43391
provider who makes an assessment or grants a clearance for	43392
purposes of division (E)(1) of this section may be a volunteer.	43393

(F) A school district board of education or governing	43394
authority of a chartered or nonchartered nonpublic school that is	43395
subject to the rules of an interscholastic conference or an	43396
organization that regulates interscholastic conferences or events	43397
shall be considered to be in compliance with divisions (B), (D),	43398
and (E) of this section, as long as the requirements of those	43399
rules are substantially similar to the requirements of divisions	43400
(B), (D), and (E) of this section.	43401

(G)(1) A school district, member of a school district board	43402
of education, or school district employee or volunteer, including	43403
a coach or referee, is not liable in damages in a civil action for	43404
injury, death, or loss to person or property allegedly arising	43405
from providing services or performing duties under this section,	43406
unless the act or omission constitutes willful or wanton	43407
misconduct.	43408

This section does not eliminate, limit, or reduce any other	43409
immunity or defense that a school district, member of a school	43410
district board of education, or school district employee or	43411
volunteer, including a coach or referee, may be entitled to under	43412
Chapter 2744. or any other provision of the Revised Code or under	43413
the common law of this state.	43414

(2) A chartered or nonchartered nonpublic school or any	43415
officer, director, employee, or volunteer of the school, including	43416
a coach or referee, is not liable in damages in a civil action for	43417
injury, death, or loss to person or property allegedly arising	43418
from providing services or performing duties under this section,	43419
unless the act or omission constitutes willful or wanton	43420
misconduct.	43421

Sec. 3313.5311. (A) As used in this section and in section	43422
3313.5312 of the Revised Code, "extracurricular activity" has the	43423
same meaning as in section 3313.537 of the Revised Code.	43424

(B) If the nonpublic school in which the student is enrolled	43425
does not offer the extracurricular activity, a student enrolled in	43426
a chartered or nonchartered nonpublic school shall be afforded, by	43427
the superintendent of the school district in which the student is	43428
entitled to attend school under section 3313.64 or 3313.65 of the	43429
Revised Code, the opportunity to participate in that	43430
extracurricular activity at the district school to which the	43431
student otherwise would be assigned during that school year. If	43432
more than one school operated by the school district serves the	43433
student's grade level, as determined by the district	43434
superintendent based on the student's age and academic	43435
performance, the student shall be afforded the opportunity to	43436
participate in that extracurricular activity at the school to	43437
which the student would be assigned by the superintendent under	43438
section 3319.01 of the Revised Code.	43439

(C) The superintendent of any school district may afford any	43440
student enrolled in a nonpublic school, and who is not entitled to	43441
attend school in the district under section 3313.64 or 3313.65 of	43442
the Revised Code, the opportunity to participate in an	43443
extracurricular activity offered by a school of the district, if	43444
both of the following apply:	43445

(1) The nonpublic school in which the student is enrolled	43446
does not offer the extracurricular activity;	43447

(2) The extracurricular activity is not interscholastic	43448
athletics or interscholastic contests or competition in music,	43449
drama, or forensics.	43450

(D) In order to participate in an extracurricular activity	43451
under this section, the student shall be of the appropriate age	43452
and grade level, as determined by the superintendent of the	43453
district, for the school that offers the extracurricular activity,	43454
and shall fulfill the same academic, nonacademic, and financial	43455
requirements as any other participant.	43456

(E) No school district shall impose additional rules on a	43457
student to participate under this section that do not apply to	43458
other students participating in the same extracurricular activity.	43459
No district shall impose additional fees for a student to	43460
participate under this section that exceed any fees charged to	43461
other students participating in the same extracurricular activity.	43462

(F) No school district, interscholastic conference, or	43463
organization that regulates interscholastic conferences or events	43464
shall require a student who is eligible to participate in	43465
interscholastic extracurricular activities under this section to	43466
meet eligibility requirements that conflict with this section.	43467

Sec. 3313.5312. (A) A student who is receiving home	43468
instruction in accordance with division (A)(2) of section 3321.04	43469
of the Revised Code shall be afforded, by the superintendent of	43470
the school district in which the student is entitled to attend	43471
school under section 3313.64 or 3313.65 of the Revised Code, the	43472
opportunity to participate in any extracurricular activity offered	43473
at the district school to which the student otherwise would be	43474
assigned during that school year. If more than one school operated	43475
by the school district serves the student's grade level, as	43476
determined by the district superintendent based on the student's	43477
age and academic performance, the student shall be afforded the	43478
opportunity to participate in extracurricular activities at the	43479
school to which the student would be assigned by the	43480
superintendent under section 3319.01 of the Revised Code. If a	43481
student who is afforded the opportunity to participate in	43482
extracurricular activities under division (A) of this section	43483
wishes to participate in an activity that is offered by the	43484
district, the student shall not participate in that activity at	43485
another school or school district to which the student is not	43486
entitled to attend.	43487

(B) The superintendent of any school district may afford any	43488
student who receives home instruction under division (A)(2) of	43489
section 3321.04 of the Revised Code, and who is not entitled to	43490
attend school in the district under section 3313.64 or 3313.65 of	43491
the Revised Code, the opportunity to participate in any	43492
extracurricular activity offered by a school of the district, if	43493
the district to which the student is entitled to attend does not	43494
offer that extracurricular activity.	43495

(C) In order to participate in an extracurricular activity	43496
under this section, the student shall be of the appropriate age	43497
and grade level, as determined by the superintendent of the	43498
district, for the school that offers the extracurricular activity,	43499
shall fulfill the same nonacademic and financial requirements as	43500
any other participant, and shall fulfill either of the following	43501
academic requirements:	43502

(1) If the student received home instruction in the preceding	43503
grading period, the student shall meet any academic requirements	43504
established by the state board of education for the continuation	43505
of home instruction.	43506

(2) If the student did not receive home instruction in the	43507
preceding grading period, the student's academic performance	43508
during the preceding grading period shall have met any academic	43509
standards for eligibility to participate in the program	43510
established by the school district.	43511

(D) Eligibility for a student who leaves a school district	43512
mid-year for home instruction shall be determined based on an	43513
interim academic assessment issued by the district in which the	43514
student was enrolled based on the student's work while enrolled in	43515
that district.	43516

(E) Any student who commences home instruction after the	43517
beginning of a school year and who is, at the time home	43518
instruction commences, ineligible to participate in an	43519
extracurricular activity due to failure to meet academic standards	43520
or any other requirements of the district shall not participate in	43521
the extracurricular activity under this section until the student	43522
meets the academic requirements established by the state board of	43523
education for continuation of home instruction as verified by the	43524
superintendent of the district. No student under this section	43525
shall be eligible to participate in the same semester in which the	43526
student was determined ineligible.	43527

(F) No school district shall impose additional rules on a	43528
student to participate under this section that do not apply to	43529
other students participating in the same extracurricular activity.	43530
No district shall impose fees for a student to participate under	43531
this section that exceed any fees charged to other students	43532
participating in the same extracurricular activity.	43533

(G) No school district, interscholastic conference, or	43534
organization that regulates interscholastic conferences or events	43535
shall require a student who is eligible to participate in	43536
interscholastic extracurricular activities under this section to	43537
meet eligibility requirements that conflict with this section.	43538

Sec. 3313.603. (A) As used in this section:

43539

(1) "One unit" means a minimum of one hundred twenty hours of	43540
course instruction, except that for a laboratory course, "one	43541
unit" means a minimum of one hundred fifty hours of course	43542
instruction.	43543

(2) "One-half unit" means a minimum of sixty hours of course	43544
instruction, except that for physical education courses, "one-half	43545
unit" means a minimum of one hundred twenty hours of course	43546
instruction.	43547

(B) Beginning September 15, 2001, except as required in	43548
division (C) of this section and division (C) of section 3313.614	43549
of the Revised Code, the requirements for graduation from every	43550
high school shall include twenty units earned in grades nine	43551
through twelve and shall be distributed as follows:	43552

(1) English language arts, four units;

43553

(2) Health, one-half unit;

43554

(3) Mathematics, three units;

43555

(4) Physical education, one-half unit;

43556

(5) Science, two units until September 15, 2003, and three	43557
units thereafter, which at all times shall include both of the	43558
following:	43559

(a) Biological sciences, one unit;

43560

(b) Physical sciences, one unit.

43561

(6) History and government, one unit, which shall comply with	43562
division (M) of this section and shall include both of the	43563
following:	43564

(a) American history, one-half unit;

43565

(b) American government, one-half unit.

43566

(7) Social studies, two units.

43567

(8) Elective units, seven units until September 15, 2003, and	43568
six units thereafter.	43569

Each student's electives shall include at least one unit, or	43570
two half units, chosen from among the areas of	43571
business/technology, fine arts, and/or foreign language.	43572

(C) Beginning with students who enter ninth grade for the	43573
first time on or after July 1, 2010, except as provided in	43574
divisions (D) to (F) of this section, the requirements for	43575
graduation from every public and chartered nonpublic high school	43576
shall include twenty units that are designed to prepare students	43577
for the workforce and college. The units shall be distributed as	43578
follows:	43579

(1) English language arts, four units;

43580

(2) Health, one-half unit, which shall include instruction in	43581
nutrition and the benefits of nutritious foods and physical	43582
activity for overall health;	43583

(3) Mathematics, four units, which shall include one unit of	43584
algebra II or the equivalent of algebra II;	43585

(4) Physical education, one-half unit;

43586

(5) Science, three units with inquiry-based laboratory	43587
experience that engages students in asking valid scientific	43588
questions and gathering and analyzing information, which shall	43589
include the following, or their equivalent:	43590

(a) Physical sciences, one unit;

43591

(b) Life sciences, one unit;

43592

(c) Advanced study in one or more of the following sciences,	43593
one unit:	43594

(i) Chemistry, physics, or other physical science;

43595

(ii) Advanced biology or other life science;

43596

(iii) Astronomy, physical geology, or other earth or space	43597
science.	43598

(6) History and government, one unit, which shall comply with	43599
division (M) of this section and shall include both of the	43600
following:	43601

(a) American history, one-half unit;

43602

(b) American government, one-half unit.

43603

(7) Social studies, two units.

43604

Each school shall integrate the study of economics and	43605
financial literacy, as expressed in the social studies academic	43606
content standards adopted by the state board of education under	43607
division (A)(1) of section 3301.079 of the Revised Code and the	43608
academic content standards for financial literacy and	43609
entrepreneurship adopted under division (A)(2) of that section,	43610
into one or more existing social studies credits required under	43611
division (C)(7) of this section, or into the content of another	43612
class, so that every high school student receives instruction in	43613
those concepts. In developing the curriculum required by this	43614
paragraph, schools shall use available public-private partnerships	43615
and resources and materials that exist in business, industry, and	43616
through the centers for economics education at institutions of	43617
higher education in the state.	43618

(8) Five units consisting of one or any combination of	43619
foreign language, fine arts, business, career-technical education,	43620
family and consumer sciences, technology, agricultural education,	43621
a junior reserve officer training corps (JROTC) program approved	43622
by the congress of the United States under title 10 of the United	43623
States Code, or English language arts, mathematics, science, or	43624
social studies courses not otherwise required under division (C)	43625
of this section.	43626

Ohioans must be prepared to apply increased knowledge and	43627
skills in the workplace and to adapt their knowledge and skills	43628
quickly to meet the rapidly changing conditions of the	43629
twenty-first century. National studies indicate that all high	43630
school graduates need the same academic foundation, regardless of	43631
the opportunities they pursue after graduation. The goal of Ohio's	43632
system of elementary and secondary education is to prepare all	43633
students for and seamlessly connect all students to success in	43634
life beyond high school graduation, regardless of whether the next	43635
step is entering the workforce, beginning an apprenticeship,	43636
engaging in post-secondary training, serving in the military, or	43637
pursuing a college degree.	43638

The Ohio core curriculum is the standard expectation for all	43639
students entering ninth grade for the first time at a public or	43640
chartered nonpublic high school on or after July 1, 2010. A	43641
student may satisfy this expectation through a variety of methods,	43642
including, but not limited to, integrated, applied,	43643
career-technical, and traditional coursework.	43644

Whereas teacher quality is essential for student success in	43645
completing the Ohio core curriculum, the general assembly shall	43646
appropriate funds for strategic initiatives designed to strengthen	43647
schools' capacities to hire and retain highly qualified teachers	43648
in the subject areas required by the curriculum. Such initiatives	43649
are expected to require an investment of $120,000,000 over five	43650
years.	43651

Stronger coordination between high schools and institutions	43652
of higher education is necessary to prepare students for more	43653
challenging academic endeavors and to lessen the need for academic	43654
remediation in college, thereby reducing the costs of higher	43655
education for Ohio's students, families, and the state. The state	43656
board and the chancellor of the Ohio board of regents shall	43657
develop policies to ensure that only in rare instances will	43658
students who complete the Ohio core curriculum require academic	43659
remediation after high school.	43660

School districts, community schools, and chartered nonpublic	43661
schools shall integrate technology into learning experiences	43662
across the curriculum in order to maximize efficiency, enhance	43663
learning, and prepare students for success in the	43664
technology-driven twenty-first century. Districts and schools	43665
shall use distance and web-based course delivery as a method of	43666
providing or augmenting all instruction required under this	43667
division, including laboratory experience in science. Districts	43668
and schools shall utilize technology access and electronic	43669
learning opportunities provided by the ~~eTech Ohio~~broadcast	43670
educational media commission, chancellor, the Ohio learning	43671
network, education technology centers, public television stations,	43672
and other public and private providers.	43673

(D) Except as provided in division (E) of this section, a	43674
student who enters ninth grade on or after July 1, 2010, and	43675
before July 1, 2014, may qualify for graduation from a public or	43676
chartered nonpublic high school even though the student has not	43677
completed the Ohio core curriculum prescribed in division (C) of	43678
this section if all of the following conditions are satisfied:	43679

(1) After the student has attended high school for two years,	43680
as determined by the school, the student and the student's parent,	43681
guardian, or custodian sign and file with the school a written	43682
statement asserting the parent's, guardian's, or custodian's	43683
consent to the student's graduating without completing the Ohio	43684
core curriculum and acknowledging that one consequence of not	43685
completing the Ohio core curriculum is ineligibility to enroll in	43686
most state universities in Ohio without further coursework.	43687

(2) The student and parent, guardian, or custodian fulfill	43688
any procedural requirements the school stipulates to ensure the	43689
student's and parent's, guardian's, or custodian's informed	43690
consent and to facilitate orderly filing of statements under	43691
division (D)(1) of this section.	43692

(3) The student and the student's parent, guardian, or	43693
custodian and a representative of the student's high school	43694
jointly develop an individual career plan for the student that	43695
specifies the student matriculating to a two-year degree program,	43696
acquiring a business and industry credential, or entering an	43697
apprenticeship.	43698

(4) The student's high school provides counseling and support	43699
for the student related to the plan developed under division	43700
(D)(3) of this section during the remainder of the student's high	43701
school experience.	43702

(5) The student successfully completes, at a minimum, the	43703
curriculum prescribed in division (B) of this section.	43704

The department of education, in collaboration with the	43705
chancellor, shall analyze student performance data to determine if	43706
there are mitigating factors that warrant extending the exception	43707
permitted by division (D) of this section to high school classes	43708
beyond those entering ninth grade before July 1, 2014. The	43709
department shall submit its findings and any recommendations not	43710
later than August 1, 2014, to the speaker and minority leader of	43711
the house of representatives, the president and minority leader of	43712
the senate, the chairpersons and ranking minority members of the	43713
standing committees of the house of representatives and the senate	43714
that consider education legislation, the state board of education,	43715
and the superintendent of public instruction.	43716

(E) Each school district and chartered nonpublic school	43717
retains the authority to require an even more rigorous minimum	43718
curriculum for high school graduation than specified in division	43719
(B) or (C) of this section. A school district board of education,	43720
through the adoption of a resolution, or the governing authority	43721
of a chartered nonpublic school may stipulate any of the	43722
following:	43723

(1) A minimum high school curriculum that requires more than	43724
twenty units of academic credit to graduate;	43725

(2) An exception to the district's or school's minimum high	43726
school curriculum that is comparable to the exception provided in	43727
division (D) of this section but with additional requirements,	43728
which may include a requirement that the student successfully	43729
complete more than the minimum curriculum prescribed in division	43730
(B) of this section;	43731

(3) That no exception comparable to that provided in division	43732
(D) of this section is available.	43733

(F) A student enrolled in a dropout prevention and recovery	43734
program, which program has received a waiver from the department,	43735
may qualify for graduation from high school by successfully	43736
completing a competency-based instructional program administered	43737
by the dropout prevention and recovery program in lieu of	43738
completing the Ohio core curriculum prescribed in division (C) of	43739
this section. The department shall grant a waiver to a dropout	43740
prevention and recovery program, within sixty days after the	43741
program applies for the waiver, if the program meets all of the	43742
following conditions:	43743

(1) The program serves only students not younger than sixteen	43744
years of age and not older than twenty-one years of age.	43745

(2) The program enrolls students who, at the time of their	43746
initial enrollment, either, or both, are at least one grade level	43747
behind their cohort age groups or experience crises that	43748
significantly interfere with their academic progress such that	43749
they are prevented from continuing their traditional programs.	43750

(3) The program requires students to attain at least the	43751
applicable score designated for each of the assessments prescribed	43752
under division (B)(1) of section 3301.0710 of the Revised Code or,	43753
to the extent prescribed by rule of the state board under division	43754
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	43755
of that section.	43756

(4) The program develops an individual career plan for the	43757
student that specifies the student's matriculating to a two-year	43758
degree program, acquiring a business and industry credential, or	43759
entering an apprenticeship.	43760

(5) The program provides counseling and support for the	43761
student related to the plan developed under division (F)(4) of	43762
this section during the remainder of the student's high school	43763
experience.	43764

(6) The program requires the student and the student's	43765
parent, guardian, or custodian to sign and file, in accordance	43766
with procedural requirements stipulated by the program, a written	43767
statement asserting the parent's, guardian's, or custodian's	43768
consent to the student's graduating without completing the Ohio	43769
core curriculum and acknowledging that one consequence of not	43770
completing the Ohio core curriculum is ineligibility to enroll in	43771
most state universities in Ohio without further coursework.	43772

(7) Prior to receiving the waiver, the program has submitted	43773
to the department an instructional plan that demonstrates how the	43774
academic content standards adopted by the state board under	43775
section 3301.079 of the Revised Code will be taught and assessed.	43776

If the department does not act either to grant the waiver or	43777
to reject the program application for the waiver within sixty days	43778
as required under this section, the waiver shall be considered to	43779
be granted.	43780

(G) Every high school may permit students below the ninth	43781
grade to take advanced work. If a high school so permits, it shall	43782
award high school credit for successful completion of the advanced	43783
work and shall count such advanced work toward the graduation	43784
requirements of division (B) or (C) of this section if the	43785
advanced work was both:	43786

(1) Taught by a person who possesses a license or certificate	43787
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	43788
Code that is valid for teaching high school;	43789

(2) Designated by the board of education of the city, local,	43790
or exempted village school district, the board of the cooperative	43791
education school district, or the governing authority of the	43792
chartered nonpublic school as meeting the high school curriculum	43793
requirements.	43794

Each high school shall record on the student's high school	43795
transcript all high school credit awarded under division (G) of	43796
this section. In addition, if the student completed a seventh- or	43797
eighth-grade fine arts course described in division (K) of this	43798
section and the course qualified for high school credit under that	43799
division, the high school shall record that course on the	43800
student's high school transcript.	43801

(H) The department shall make its individual academic career	43802
plan available through its Ohio career information system web site	43803
for districts and schools to use as a tool for communicating with	43804
and providing guidance to students and families in selecting high	43805
school courses.	43806

(I) Units earned in English language arts, mathematics,	43807
science, and social studies that are delivered through integrated	43808
academic and career-technical instruction are eligible to meet the	43809
graduation requirements of division (B) or (C) of this section.	43810

(J) The state board, in consultation with the chancellor,	43811
shall adopt a statewide plan implementing methods for students to	43812
earn units of high school credit based on a demonstration of	43813
subject area competency, instead of or in combination with	43814
completing hours of classroom instruction. The state board shall	43815
adopt the plan not later than March 31, 2009, and commence phasing	43816
in the plan during the 2009-2010 school year. The plan shall	43817
include a standard method for recording demonstrated proficiency	43818
on high school transcripts. Each school district and community	43819
school shall comply with the state board's plan adopted under this	43820
division and award units of high school credit in accordance with	43821
the plan. The state board may adopt existing methods for earning	43822
high school credit based on a demonstration of subject area	43823
competency as necessary prior to the 2009-2010 school year.	43824

(K) This division does not apply to students who qualify for	43825
graduation from high school under division (D) or (F) of this	43826
section, or to students pursuing a career-technical instructional	43827
track as determined by the school district board of education or	43828
the chartered nonpublic school's governing authority.	43829
Nevertheless, the general assembly encourages such students to	43830
consider enrolling in a fine arts course as an elective.	43831

Beginning with students who enter ninth grade for the first	43832
time on or after July 1, 2010, each student enrolled in a public	43833
or chartered nonpublic high school shall complete two semesters or	43834
the equivalent of fine arts to graduate from high school. The	43835
coursework may be completed in any of grades seven to twelve. Each	43836
student who completes a fine arts course in grade seven or eight	43837
may elect to count that course toward the five units of electives	43838
required for graduation under division (C)(8) of this section, if	43839
the course satisfied the requirements of division (G) of this	43840
section. In that case, the high school shall award the student	43841
high school credit for the course and count the course toward the	43842
five units required under division (C)(8) of this section. If the	43843
course in grade seven or eight did not satisfy the requirements of	43844
division (G) of this section, the high school shall not award the	43845
student high school credit for the course but shall count the	43846
course toward the two semesters or the equivalent of fine arts	43847
required by this division.	43848

(L) Notwithstanding anything to the contrary in this section,	43849
the board of education of each school district and the governing	43850
authority of each chartered nonpublic school may adopt a policy to	43851
excuse from the high school physical education requirement each	43852
student who, during high school, has participated in	43853
interscholastic athletics, marching band, or cheerleading for at	43854
least two full seasons or in the junior reserve officer training	43855
corps for at least two full school years. If the board or	43856
authority adopts such a policy, the board or authority shall not	43857
require the student to complete any physical education course as a	43858
condition to graduate. However, the student shall be required to	43859
complete one-half unit, consisting of at least sixty hours of	43860
instruction, in another course of study. In the case of a student	43861
who has participated in the junior reserve officer training corps	43862
for at least two full school years, credit received for that	43863
participation may be used to satisfy the requirement to complete	43864
one-half unit in another course of study.	43865

(M) It is important that high school students learn and	43866
understand United States history and the governments of both the	43867
United States and the state of Ohio. Therefore, beginning with	43868
students who enter ninth grade for the first time on or after July	43869
1, 2012, the study of American history and American government	43870
required by divisions (B)(6) and (C)(6) of this section shall	43871
include the study of all of the following documents:	43872

(1) The Declaration of Independence;

43873

(2) The Northwest Ordinance;

43874

(3) The Constitution of the United States with emphasis on	43875
the Bill of Rights;	43876

(4) The Ohio Constitution.

43877

The study of each of the documents prescribed in divisions	43878
(M)(1) to (4) of this section shall include study of that document	43879
in its original context.	43880

The study of American history and government required by	43881
divisions (B)(6) and (C)(6) of this section shall include the	43882
historical evidence of the role of documents such as the	43883
Federalist Papers and the Anti-Federalist Papers to firmly	43884
establish the historical background leading to the establishment	43885
of the provisions of the Constitution and Bill of Rights.	43886

Sec. 3313.6011. (A) As used in this section~~, "sexual~~:

43887

(1) "Sexual activity" has the same meaning as in section	43888
2907.01 of the Revised Code.	43889

(2) "Gateway sexual activity" means activities described as	43890
"sexual contact" in section 2907.01 of the Revised Code.	43891

(B) Instruction in venereal disease education pursuant to	43892
division (A)(5)(c) of section 3313.60 of the Revised Code shall	43893
emphasize that abstinence from sexual activity is the only	43894
protection that is one hundred per cent effective against unwanted	43895
pregnancy, sexually transmitted disease, and the sexual	43896
transmission of a virus that causes acquired immunodeficiency	43897
syndrome.	43898

(C) In adopting minimum standards under section 3301.07 of	43899
the Revised Code, the state board of education shall require	43900
course material and instruction in venereal disease education	43901
courses taught pursuant to division (A)(5)(c) of section 3313.60	43902
of the Revised Code to do all of the following:	43903

(1) Stress that students should abstain from sexual activity	43904
until after marriage;	43905

(2) Teach the potential physical, psychological, emotional,	43906
and social side effects of participating in sexual activity	43907
outside of marriage;	43908

(3) Teach that conceiving children out of wedlock is likely	43909
to have harmful consequences for the child, the child's parents,	43910
and society;	43911

(4) Stress that sexually transmitted diseases are serious	43912
possible hazards of sexual activity;	43913

(5) Advise students of the laws pertaining to financial	43914
responsibility of parents to children born in and out of wedlock;	43915

(6) Advise students of the circumstances under which it is	43916
criminal to have sexual contact with a person under the age of	43917
sixteen pursuant to section 2907.04 of the Revised Code;	43918

(7) Emphasize adoption as an option for unintended	43919
pregnancies.	43920

(D) Any model education program for health education the	43921
state board of education adopts shall conform to the requirements	43922
of this section.	43923

(E) Instruction under this section shall not utilize the	43924
services of any individual or organization to assist in teaching	43925
the coursework if that individual or organization endorses student	43926
nonabstinence from sexual activity as an appropriate or acceptable	43927
behavior, or if that individual or organization promotes,	43928
endorses, advocates, or condones gateway sexual activity.	43929

(F) Instruction under this section shall not do any of the	43930
following:	43931

(1) Promote, implicitly or explicitly, any gateway sexual	43932
activity or health message that encourages students to experiment	43933
with sexual activity;	43934

(2) Provide or distribute on school grounds materials that	43935
condone, encourage, or promote student sexual activity among	43936
unmarried students;	43937

(3) Display or conduct demonstrations with devices	43938
specifically manufactured for sexual stimulation;	43939

(4) Distribute contraception on school property.

43940

Medically accurate information about contraception and	43941
condoms may be provided if the information is presented in a	43942
manner consistent with provisions of this section and clearly	43943
informs students that while such methods may reduce the risk of	43944
acquiring sexually transmitted diseases or pregnancy, only	43945
abstinence removes all risk.	43946

(G)(1) If a student receives instruction by an individual or	43947
organization that promotes gateway sexual activity or demonstrates	43948
sexual activity, in violation of division (E) or (F) of this	43949
section, the student's parent or legal guardian shall have a cause	43950
of action against that individual or organization for actual	43951
damages plus reasonable attorney's fees and court costs.	43952

(2) If a student's parent or legal guardian is the prevailing	43953
party to an action brought under division (G)(1) of this section,	43954
a court may impose a civil fine in an amount not to exceed five	43955
thousand dollars.	43956

(3) An action brought under division (G)(1) of this section	43957
shall be commenced within one year after the alleged violation	43958
occurred.	43959

(H)(1) The provisions of division (F) of this section shall	43960
not apply to instruction by any teacher, instructor, or	43961
organization who, with respect to a course or class otherwise	43962
offered in accordance with the requirements of this section,	43963
orally answers in good faith any question, or series of questions,	43964
germane and material to the course, asked of a teacher or	43965
instructor and initiated by a student or students enrolled in the	43966
course.	43967

(2) Notwithstanding any other law to the contrary and	43968
regardless of the title or designated name of a particular class	43969
or course, any instruction in sex education or sexual activity	43970
shall comply with the requirements of this section. However,	43971
nothing in this section shall prohibit the scientific study of the	43972
sexual reproductive system through coursework in biology,	43973
physiology, anatomy, health, or physical education.	43974

(I) On and after March 18, 1999, and notwithstanding section	43975
3302.07 of the Revised Code, the superintendent of public	43976
instruction shall not approve, pursuant to section 3302.07 of the	43977
Revised Code, any waiver of any requirement of this section or of	43978
any rule adopted by the state board of education pursuant to this	43979
section.	43980

Sec. 3313.6013. (A) As used in this section, "dual enrollment	43981
program" means a program that enables a student to earn credit	43982
toward a degree from an institution of higher education while	43983
enrolled in high school or that enables a student to complete	43984
coursework while enrolled in high school that may earn credit	43985
toward a degree from an institution of higher education upon the	43986
student's attainment of a specified score on an examination	43987
covering the coursework. Dual enrollment programs may include any	43988
of the following:	43989

(1) The post-secondary enrollment options program established	43990
under Chapter 3365. of the Revised Code;	43991

(2) Advanced placement courses;

43992

(3) Any similar program established pursuant to an agreement	43993
between a school district or chartered nonpublic high school and	43994
an institution of higher education;	43995

(4) Early college high schools.

43996

(B) Each city, local, exempted village, and joint vocational	43997
school district and each chartered nonpublic high school shall	43998
provide students enrolled in grades nine through twelve with the	43999
opportunity to participate in a dual enrollment program. For this	44000
purpose, each school district and chartered nonpublic high school	44001
shall offer at least one dual enrollment program in accordance	44002
with division (B)(1) or (2) of this section, as applicable.	44003

(1) A city, local, or exempted village school district meets	44004
the requirements of this division through its mandatory	44005
participation in the post-secondary enrollment options program	44006
established under Chapter 3365. of the Revised Code. However, a	44007
city, local, or exempted village school district may offer any	44008
other dual enrollment program, in addition to the post-secondary	44009
enrollment options program, and each joint vocational school	44010
district shall offer at least one other dual enrollment program,	44011
to students in good standing, as defined by the partnership for	44012
continued learning under section 3301.42 of the Revised Code as it	44013
existed prior to October 16, 2009, or as subsequently defined by	44014
the department of education.	44015

(2) A chartered nonpublic high school that elects to	44016
participate in the post-secondary enrollment options program	44017
established under Chapter 3365. of the Revised Code meets the	44018
requirements of this division. Each chartered nonpublic high	44019
school that elects not to participate in the post-secondary	44020
enrollment options program instead shall offer at least one other	44021
dual enrollment program to students in good standing, as defined	44022
by the partnership for continued learning under section 3301.42 of	44023
the Revised Code as it existed prior to October 16, 2009, or as	44024
subsequently defined by the department of education.	44025

(C) Each school district and each chartered nonpublic high	44026
school shall provide information about the dual enrollment	44027
programs offered by the district or school to all students	44028
enrolled in grades eight through eleven.	44029

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	44030
the department of education shall administer a pilot program	44031
requiring daily physical activity for students. Any school	44032
district; community school established under Chapter 3314. of the	44033
Revised Code; science, technology, engineering, and mathematics	44034
school established under Chapter 3326. of the Revised Code; or	44035
chartered nonpublic school annually may elect to participate in	44036
the pilot program by notifying the department of its interest by a	44037
date established by the department. If a school district elects to	44038
participate in the pilot program, ~~each school building operated by~~	44039
~~the district shall be required~~the district shall select one or	44040
more school buildings to participate in the program. To the	44041
maximum extent possible, the department shall seek to include in	44042
the pilot program districts and schools that are located in urban,	44043
suburban, and rural areas distributed geographically throughout	44044
the state. The department shall administer the pilot program in	44045
accordance with this section.	44046

(B) Except as provided in division (C) of this section, each	44047
district or school participating in the pilot program shall	44048
require all students in ~~each of grades kindergarten through twelve~~	44049
the school building selected under division (A) of this section to	44050
engage in at least thirty minutes of moderate to rigorous physical	44051
activity each school day or at least one hundred fifty minutes of	44052
moderate to rigorous physical activity each week, exclusive of	44053
recess. Physical activity engaged in during the following may	44054
count toward the daily requirement:	44055

(1) A physical education course;

44056

(2) A program or activity occurring before or after the	44057
regular school day, as defined in section 3313.814 of the Revised	44058
Code, that is sponsored or approved by the school of attendance,	44059
provided school officials are able to monitor students'	44060
participation to ensure compliance with the requirement.	44061

(C) None of the following shall be subject to the requirement	44062
of division (B) of this section:	44063

(1) Any student enrolled in the post-secondary enrollment	44064
options program established under Chapter 3365. of the Revised	44065
Code;	44066

(2) Any student enrolled in a career-technical education	44067
program operated by the district or school;	44068

(3) Any student enrolled in a dropout prevention and recovery	44069
program operated by the district or school.	44070

(D) For any period in which a student is participating in	44071
interscholastic athletics, marching band, cheerleading, or a	44072
junior reserve officer training corps program, the district or	44073
school may excuse the student from the requirement of division (B)	44074
of this section.	44075

(E) The district or school may excuse any kindergarten	44076
student who is not enrolled in all-day kindergarten, as defined in	44077
section 3321.05 of the Revised Code, from the requirement of	44078
division (B) of this section.	44079

(F) Each district or school annually shall report to the	44080
department, in the manner prescribed by the department, how the	44081
district or school implemented the thirty minutes of daily	44082
physical activity and the financial costs of implementation. The	44083
department shall issue an annual report of the data collected	44084
under this division.	44085

Sec. 3313.62. The school year shall begin on the first day	44086
of July of each calendar year and close on the thirtieth day of	44087
June of the succeeding calendar year. ~~A school week shall consist~~	44088
~~of five days, and a school month of four school weeks~~. A chartered	44089
nonpublic school may be open for instruction with pupils in	44090
attendance on any day of the week, including Saturday or Sunday.	44091

Sec. 3313.64. (A) As used in this section and in section	44092
3313.65 of the Revised Code:	44093

(1)(a) Except as provided in division (A)(1)(b) of this	44094
section, "parent" means either parent, unless the parents are	44095
separated or divorced or their marriage has been dissolved or	44096
annulled, in which case "parent" means the parent who is the	44097
residential parent and legal custodian of the child. When a child	44098
is in the legal custody of a government agency or a person other	44099
than the child's natural or adoptive parent, "parent" means the	44100
parent with residual parental rights, privileges, and	44101
responsibilities. When a child is in the permanent custody of a	44102
government agency or a person other than the child's natural or	44103
adoptive parent, "parent" means the parent who was divested of	44104
parental rights and responsibilities for the care of the child and	44105
the right to have the child live with the parent and be the legal	44106
custodian of the child and all residual parental rights,	44107
privileges, and responsibilities.	44108

(b) When a child is the subject of a power of attorney	44109
executed under sections 3109.51 to 3109.62 of the Revised Code,	44110
"parent" means the grandparent designated as attorney in fact	44111
under the power of attorney. When a child is the subject of a	44112
caretaker authorization affidavit executed under sections 3109.64	44113
to 3109.73 of the Revised Code, "parent" means the grandparent	44114
that executed the affidavit.	44115

(2) "Legal custody," "permanent custody," and "residual	44116
parental rights, privileges, and responsibilities" have the same	44117
meanings as in section 2151.011 of the Revised Code.	44118

(3) "School district" or "district" means a city, local, or	44119
exempted village school district and excludes any school operated	44120
in an institution maintained by the department of youth services.	44121

(4) Except as used in division (C)(2) of this section, "home"	44122
means a home, institution, foster home, group home, or other	44123
residential facility in this state that receives and cares for	44124
children, to which any of the following applies:	44125

(a) The home is licensed, certified, or approved for such	44126
purpose by the state or is maintained by the department of youth	44127
services.	44128

(b) The home is operated by a person who is licensed,	44129
certified, or approved by the state to operate the home for such	44130
purpose.	44131

(c) The home accepted the child through a placement by a	44132
person licensed, certified, or approved to place a child in such a	44133
home by the state.	44134

(d) The home is a children's home created under section	44135
5153.21 or 5153.36 of the Revised Code.	44136

(5) "Agency" means all of the following:

44137

(a) A public children services agency;

44138

(b) An organization that holds a certificate issued by the	44139
Ohio department of job and family services in accordance with the	44140
requirements of section 5103.03 of the Revised Code and assumes	44141
temporary or permanent custody of children through commitment,	44142
agreement, or surrender, and places children in family homes for	44143
the purpose of adoption;	44144

(c) Comparable agencies of other states or countries that	44145
have complied with applicable requirements of section 2151.39 of	44146
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	44147
5103.23 to 5103.237 of the Revised Code.	44148

(6) A child is placed for adoption if either of the following	44149
occurs:	44150

(a) An agency to which the child has been permanently	44151
committed or surrendered enters into an agreement with a person	44152
pursuant to section 5103.16 of the Revised Code for the care and	44153
adoption of the child.	44154

(b) The child's natural parent places the child pursuant to	44155
section 5103.16 of the Revised Code with a person who will care	44156
for and adopt the child.	44157

(7) "Preschool child with a disability" has the same meaning	44158
as in section 3323.01 of the Revised Code.	44159

(8) "Child," unless otherwise indicated, includes preschool	44160
children with disabilities.	44161

(9) "Active duty" means active duty pursuant to an executive	44162
order of the president of the United States, an act of the	44163
congress of the United States, or section 5919.29 or 5923.21 of	44164
the Revised Code.	44165

(B) Except as otherwise provided in section 3321.01 of the	44166
Revised Code for admittance to kindergarten and first grade, a	44167
child who is at least five but under twenty-two years of age and	44168
any preschool child with a disability shall be admitted to school	44169
as provided in this division.	44170

(1) A child shall be admitted to the schools of the school	44171
district in which the child's parent resides.	44172

(2) AExcept as provided in division (B) of section 2151.362	44173
and section 3317.30 of the Revised Code, a child who does not	44174
reside in the district where the child's parent resides shall be	44175
admitted to the schools of the district in which the child resides	44176
if any of the following applies:	44177

(a) The child is in the legal or permanent custody of a	44178
government agency or a person other than the child's natural or	44179
adoptive parent.	44180

(b) The child resides in a home.

44181

44182

(3) A child who is not entitled under division (B)(2) of this	44183
section to be admitted to the schools of the district where the	44184
child resides and who is residing with a resident of this state	44185
with whom the child has been placed for adoption shall be admitted	44186
to the schools of the district where the child resides unless	44187
either of the following applies:	44188

(a) The placement for adoption has been terminated.

44189

(b) Another school district is required to admit the child	44190
under division (B)(1) of this section.	44191

Division (B) of this section does not prohibit the board of	44192
education of a school district from placing a child with a	44193
disability who resides in the district in a special education	44194
program outside of the district or its schools in compliance with	44195
Chapter 3323. of the Revised Code.	44196

(C) A district shall not charge tuition for children admitted	44197
under division (B)(1) or (3) of this section. If the district	44198
admits a child under division (B)(2) of this section, tuition	44199
shall be paid to the district that admits the child as provided in	44200
divisions (C)(1) to (3) of this section, unless division (C)(4) of	44201
this section applies to the child:	44202

(1) If the child receives special education in accordance	44203
with Chapter 3323. of the Revised Code, the school district of	44204
residence, as defined in section 3323.01 of the Revised Code,	44205
shall pay tuition for the child in accordance with section	44206
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	44207
regardless of who has custody of the child or whether the child	44208
resides in a home.	44209

(2) For a child that does not receive special education in	44210
accordance with Chapter 3323. of the Revised Code, except as	44211
otherwise provided in division (C)(2)(d) of this section, if the	44212
child is in the permanent or legal custody of a government agency	44213
or person other than the child's parent, tuition shall be paid by:	44214

(a) The district in which the child's parent resided at the	44215
time the court removed the child from home or at the time the	44216
court vested legal or permanent custody of the child in the person	44217
or government agency, whichever occurred first;	44218

(b) If the parent's residence at the time the court removed	44219
the child from home or placed the child in the legal or permanent	44220
custody of the person or government agency is unknown, tuition	44221
shall be paid by the district in which the child resided at the	44222
time the child was removed from home or placed in legal or	44223
permanent custody, whichever occurred first;	44224

(c) If a school district cannot be established under division	44225
(C)(2)(a) or (b) of this section, tuition shall be paid by the	44226
district determined as required by section 2151.362 of the Revised	44227
Code by the court at the time it vests custody of the child in the	44228
person or government agency;	44229

(d) If at the time the court removed the child from home or	44230
vested legal or permanent custody of the child in the person or	44231
government agency, whichever occurred first, one parent was in a	44232
residential or correctional facility or a juvenile residential	44233
placement and the other parent, if living and not in such a	44234
facility or placement, was not known to reside in this state,	44235
tuition shall be paid by the district determined under division	44236
(D) of section 3313.65 of the Revised Code as the district	44237
required to pay any tuition while the parent was in such facility	44238
or placement;	44239

(e) If the department of education has determined, pursuant	44240
to division (A)(2) of section 2151.362 of the Revised Code, that a	44241
school district other than the one named in the court's initial	44242
order, or in a prior determination of the department, is	44243
responsible to bear the cost of educating the child, the district	44244
so determined shall be responsible for that cost.	44245

(3) If the child is not in the permanent or legal custody of	44246
a government agency or person other than the child's parent and	44247
the child resides in a home, tuition shall be paid by one of the	44248
following:	44249

(a) The school district in which the child's parent resides;

44250

(b) If the child's parent is not a resident of this state,	44251
the home in which the child resides.	44252

(4) Division (C)(4) of this section applies to any child who	44253
is admitted to a school district under division (B)(2) of this	44254
section, resides in a home that is not a foster home or, a home	44255
maintained by the department of youth services, a detention	44256
facility established under section 2152.41 of the Revised Code, or	44257
a juvenile facility established under section 2151.65 of the	44258
Revised Code, receives educational services at the home or	44259
facility in which the child resides pursuant to a contract between	44260
the home or facility and the school district providing those	44261
services, and does not receive special education.	44262

In the case of a child to which division (C)(4) of this	44263
section applies, the total educational cost to be paid for the	44264
child shall be determined by a formula approved by the department	44265
of education, which formula shall be designed to calculate a per	44266
diem cost for the educational services provided to the child for	44267
each day the child is served and shall reflect the total actual	44268
cost incurred in providing those services. The department shall	44269
certify the total educational cost to be paid for the child to	44270
both the school district providing the educational services and,	44271
if different, the school district that is responsible to pay	44272
tuition for the child. The department shall deduct the certified	44273
amount from the state basic aid funds payable under Chapter 3317.	44274
of the Revised Code to the district responsible to pay tuition and	44275
shall pay that amount to the district providing the educational	44276
services to the child.	44277

(D) Tuition required to be paid under divisions (C)(2) and	44278
(3)(a) of this section shall be computed in accordance with	44279
section 3317.08 of the Revised Code. Tuition required to be paid	44280
under division (C)(3)(b) of this section shall be computed in	44281
accordance with section 3317.081 of the Revised Code. If a home	44282
fails to pay the tuition required by division (C)(3)(b) of this	44283
section, the board of education providing the education may	44284
recover in a civil action the tuition and the expenses incurred in	44285
prosecuting the action, including court costs and reasonable	44286
attorney's fees. If the prosecuting attorney or city director of	44287
law represents the board in such action, costs and reasonable	44288
attorney's fees awarded by the court, based upon the prosecuting	44289
attorney's, director's, or one of their designee's time spent	44290
preparing and presenting the case, shall be deposited in the	44291
county or city general fund.	44292

(E) A board of education may enroll a child free of any	44293
tuition obligation for a period not to exceed sixty days, on the	44294
sworn statement of an adult resident of the district that the	44295
resident has initiated legal proceedings for custody of the child.	44296

(F) In the case of any individual entitled to attend school	44297
under this division, no tuition shall be charged by the school	44298
district of attendance and no other school district shall be	44299
required to pay tuition for the individual's attendance.	44300
Notwithstanding division (B), (C), or (E) of this section:	44301

(1) All persons at least eighteen but under twenty-two years	44302
of age who live apart from their parents, support themselves by	44303
their own labor, and have not successfully completed the high	44304
school curriculum or the individualized education program	44305
developed for the person by the high school pursuant to section	44306
3323.08 of the Revised Code, are entitled to attend school in the	44307
district in which they reside.	44308

(2) Any child under eighteen years of age who is married is	44309
entitled to attend school in the child's district of residence.	44310

(3) A child is entitled to attend school in the district in	44311
which either of the child's parents is employed if the child has a	44312
medical condition that may require emergency medical attention.	44313
The parent of a child entitled to attend school under division	44314
(F)(3) of this section shall submit to the board of education of	44315
the district in which the parent is employed a statement from the	44316
child's physician certifying that the child's medical condition	44317
may require emergency medical attention. The statement shall be	44318
supported by such other evidence as the board may require.	44319

(4) Any child residing with a person other than the child's	44320
parent is entitled, for a period not to exceed twelve months, to	44321
attend school in the district in which that person resides if the	44322
child's parent files an affidavit with the superintendent of the	44323
district in which the person with whom the child is living resides	44324
stating all of the following:	44325

(a) That the parent is serving outside of the state in the	44326
armed services of the United States;	44327

(b) That the parent intends to reside in the district upon	44328
returning to this state;	44329

(c) The name and address of the person with whom the child is	44330
living while the parent is outside the state.	44331

(5) Any child under the age of twenty-two years who, after	44332
the death of a parent, resides in a school district other than the	44333
district in which the child attended school at the time of the	44334
parent's death is entitled to continue to attend school in the	44335
district in which the child attended school at the time of the	44336
parent's death for the remainder of the school year, subject to	44337
approval of that district board.	44338

(6) A child under the age of twenty-two years who resides	44339
with a parent who is having a new house built in a school district	44340
outside the district where the parent is residing is entitled to	44341
attend school for a period of time in the district where the new	44342
house is being built. In order to be entitled to such attendance,	44343
the parent shall provide the district superintendent with the	44344
following:	44345

(a) A sworn statement explaining the situation, revealing the	44346
location of the house being built, and stating the parent's	44347
intention to reside there upon its completion;	44348

(b) A statement from the builder confirming that a new house	44349
is being built for the parent and that the house is at the	44350
location indicated in the parent's statement.	44351

(7) A child under the age of twenty-two years residing with a	44352
parent who has a contract to purchase a house in a school district	44353
outside the district where the parent is residing and who is	44354
waiting upon the date of closing of the mortgage loan for the	44355
purchase of such house is entitled to attend school for a period	44356
of time in the district where the house is being purchased. In	44357
order to be entitled to such attendance, the parent shall provide	44358
the district superintendent with the following:	44359

(a) A sworn statement explaining the situation, revealing the	44360
location of the house being purchased, and stating the parent's	44361
intent to reside there;	44362

(b) A statement from a real estate broker or bank officer	44363
confirming that the parent has a contract to purchase the house,	44364
that the parent is waiting upon the date of closing of the	44365
mortgage loan, and that the house is at the location indicated in	44366
the parent's statement.	44367

The district superintendent shall establish a period of time	44368
not to exceed ninety days during which the child entitled to	44369
attend school under division (F)(6) or (7) of this section may	44370
attend without tuition obligation. A student attending a school	44371
under division (F)(6) or (7) of this section shall be eligible to	44372
participate in interscholastic athletics under the auspices of	44373
that school, provided the board of education of the school	44374
district where the student's parent resides, by a formal action,	44375
releases the student to participate in interscholastic athletics	44376
at the school where the student is attending, and provided the	44377
student receives any authorization required by a public agency or	44378
private organization of which the school district is a member	44379
exercising authority over interscholastic sports.	44380

(8) A child whose parent is a full-time employee of a city,	44381
local, or exempted village school district, or of an educational	44382
service center, may be admitted to the schools of the district	44383
where the child's parent is employed, or in the case of a child	44384
whose parent is employed by an educational service center, in the	44385
district that serves the location where the parent's job is	44386
primarily located, provided the district board of education	44387
establishes such an admission policy by resolution adopted by a	44388
majority of its members. Any such policy shall take effect on the	44389
first day of the school year and the effective date of any	44390
amendment or repeal may not be prior to the first day of the	44391
subsequent school year. The policy shall be uniformly applied to	44392
all such children and shall provide for the admission of any such	44393
child upon request of the parent. No child may be admitted under	44394
this policy after the first day of classes of any school year.	44395

(9) A child who is with the child's parent under the care of	44396
a shelter for victims of domestic violence, as defined in section	44397
3113.33 of the Revised Code, is entitled to attend school free in	44398
the district in which the child is with the child's parent, and no	44399
other school district shall be required to pay tuition for the	44400
child's attendance in that school district.	44401

The enrollment of a child in a school district under this	44402
division shall not be denied due to a delay in the school	44403
district's receipt of any records required under section 3313.672	44404
of the Revised Code or any other records required for enrollment.	44405
Any days of attendance and any credits earned by a child while	44406
enrolled in a school district under this division shall be	44407
transferred to and accepted by any school district in which the	44408
child subsequently enrolls. The state board of education shall	44409
adopt rules to ensure compliance with this division.	44410

(10) Any child under the age of twenty-two years whose parent	44411
has moved out of the school district after the commencement of	44412
classes in the child's senior year of high school is entitled,	44413
subject to the approval of that district board, to attend school	44414
in the district in which the child attended school at the time of	44415
the parental move for the remainder of the school year and for one	44416
additional semester or equivalent term. A district board may also	44417
adopt a policy specifying extenuating circumstances under which a	44418
student may continue to attend school under division (F)(10) of	44419
this section for an additional period of time in order to	44420
successfully complete the high school curriculum for the	44421
individualized education program developed for the student by the	44422
high school pursuant to section 3323.08 of the Revised Code.	44423

(11) As used in this division, "grandparent" means a parent	44424
of a parent of a child. A child under the age of twenty-two years	44425
who is in the custody of the child's parent, resides with a	44426
grandparent, and does not require special education is entitled to	44427
attend the schools of the district in which the child's	44428
grandparent resides, provided that, prior to such attendance in	44429
any school year, the board of education of the school district in	44430
which the child's grandparent resides and the board of education	44431
of the school district in which the child's parent resides enter	44432
into a written agreement specifying that good cause exists for	44433
such attendance, describing the nature of this good cause, and	44434
consenting to such attendance.	44435

In lieu of a consent form signed by a parent, a board of	44436
education may request the grandparent of a child attending school	44437
in the district in which the grandparent resides pursuant to	44438
division (F)(11) of this section to complete any consent form	44439
required by the district, including any authorization required by	44440
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	44441
Code. Upon request, the grandparent shall complete any consent	44442
form required by the district. A school district shall not incur	44443
any liability solely because of its receipt of a consent form from	44444
a grandparent in lieu of a parent.	44445

Division (F)(11) of this section does not create, and shall	44446
not be construed as creating, a new cause of action or substantive	44447
legal right against a school district, a member of a board of	44448
education, or an employee of a school district. This section does	44449
not affect, and shall not be construed as affecting, any	44450
immunities from defenses to tort liability created or recognized	44451
by Chapter 2744. of the Revised Code for a school district,	44452
member, or employee.	44453

(12) A child under the age of twenty-two years is entitled to	44454
attend school in a school district other than the district in	44455
which the child is entitled to attend school under division (B),	44456
(C), or (E) of this section provided that, prior to such	44457
attendance in any school year, both of the following occur:	44458

(a) The superintendent of the district in which the child is	44459
entitled to attend school under division (B), (C), or (E) of this	44460
section contacts the superintendent of another district for	44461
purposes of this division;	44462

(b) The superintendents of both districts enter into a	44463
written agreement that consents to the attendance and specifies	44464
that the purpose of such attendance is to protect the student's	44465
physical or mental well-being or to deal with other extenuating	44466
circumstances deemed appropriate by the superintendents.	44467

While an agreement is in effect under this division for a	44468
student who is not receiving special education under Chapter 3323.	44469
of the Revised Code and notwithstanding Chapter 3327. of the	44470
Revised Code, the board of education of neither school district	44471
involved in the agreement is required to provide transportation	44472
for the student to and from the school where the student attends.	44473

A student attending a school of a district pursuant to this	44474
division shall be allowed to participate in all student	44475
activities, including interscholastic athletics, at the school	44476
where the student is attending on the same basis as any student	44477
who has always attended the schools of that district while of	44478
compulsory school age.	44479

(13) All school districts shall comply with the	44480
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	44481
seq., for the education of homeless children. Each city, local,	44482
and exempted village school district shall comply with the	44483
requirements of that act governing the provision of a free,	44484
appropriate public education, including public preschool, to each	44485
homeless child.	44486

When a child loses permanent housing and becomes a homeless	44487
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	44488
such a homeless person changes temporary living arrangements, the	44489
child's parent or guardian shall have the option of enrolling the	44490
child in either of the following:	44491

(a) The child's school of origin, as defined in 42 U.S.C.A.	44492
11432(g)(3)(C);	44493

(b) The school that is operated by the school district in	44494
which the shelter where the child currently resides is located and	44495
that serves the geographic area in which the shelter is located.	44496

(14) A child under the age of twenty-two years who resides	44497
with a person other than the child's parent is entitled to attend	44498
school in the school district in which that person resides if both	44499
of the following apply:	44500

(a) That person has been appointed, through a military power	44501
of attorney executed under section 574(a) of the "National Defense	44502
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	44503
U.S.C. 1044b, or through a comparable document necessary to	44504
complete a family care plan, as the parent's agent for the care,	44505
custody, and control of the child while the parent is on active	44506
duty as a member of the national guard or a reserve unit of the	44507
armed forces of the United States or because the parent is a	44508
member of the armed forces of the United States and is on a duty	44509
assignment away from the parent's residence.	44510

(b) The military power of attorney or comparable document	44511
includes at least the authority to enroll the child in school.	44512

The entitlement to attend school in the district in which the	44513
parent's agent under the military power of attorney or comparable	44514
document resides applies until the end of the school year in which	44515
the military power of attorney or comparable document expires.	44516

(G) A board of education, after approving admission, may	44517
waive tuition for students who will temporarily reside in the	44518
district and who are either of the following:	44519

(1) Residents or domiciliaries of a foreign nation who	44520
request admission as foreign exchange students;	44521

(2) Residents or domiciliaries of the United States but not	44522
of Ohio who request admission as participants in an exchange	44523
program operated by a student exchange organization.	44524

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	44525
3327.04, and 3327.06 of the Revised Code, a child may attend	44526
school or participate in a special education program in a school	44527
district other than in the district where the child is entitled to	44528
attend school under division (B) of this section.	44529

(I)(1) Notwithstanding anything to the contrary in this	44530
section or section 3313.65 of the Revised Code, a child under	44531
twenty-two years of age may attend school in the school district	44532
in which the child, at the end of the first full week of October	44533
of the school year, was entitled to attend school as otherwise	44534
provided under this section or section 3313.65 of the Revised	44535
Code, if at that time the child was enrolled in the schools of the	44536
district but since that time the child or the child's parent has	44537
relocated to a new address located outside of that school district	44538
and within the same county as the child's or parent's address	44539
immediately prior to the relocation. The child may continue to	44540
attend school in the district, and at the school to which the	44541
child was assigned at the end of the first full week of October of	44542
the current school year, for the balance of the school year.	44543
Division (I)(1) of this section applies only if both of the	44544
following conditions are satisfied:	44545

(a) The board of education of the school district in which	44546
the child was entitled to attend school at the end of the first	44547
full week in October and of the district to which the child or	44548
child's parent has relocated each has adopted a policy to enroll	44549
children described in division (I)(1) of this section.	44550

(b) The child's parent provides written notification of the	44551
relocation outside of the school district to the superintendent of	44552
each of the two school districts.	44553

(2) At the beginning of the school year following the school	44554
year in which the child or the child's parent relocated outside of	44555
the school district as described in division (I)(1) of this	44556
section, the child is not entitled to attend school in the school	44557
district under that division.	44558

(3) Any person or entity owing tuition to the school district	44559
on behalf of the child at the end of the first full week in	44560
October, as provided in division (C) of this section, shall	44561
continue to owe such tuition to the district for the child's	44562
attendance under division (I)(1) of this section for the lesser of	44563
the balance of the school year or the balance of the time that the	44564
child attends school in the district under division (I)(1) of this	44565
section.	44566

(4) A pupil who may attend school in the district under	44567
division (I)(1) of this section shall be entitled to	44568
transportation services pursuant to an agreement between the	44569
district and the district in which the child or child's parent has	44570
relocated unless the districts have not entered into such	44571
agreement, in which case the child shall be entitled to	44572
transportation services in the same manner as a pupil attending	44573
school in the district under interdistrict open enrollment as	44574
described in division (H) of section 3313.981 of the Revised Code,	44575
regardless of whether the district has adopted an open enrollment	44576
policy as described in division (B)(1)(b) or (c) of section	44577
3313.98 of the Revised Code.	44578

(J) This division does not apply to a child receiving special	44579
education.	44580

A school district required to pay tuition pursuant to	44581
division (C)(2) or (3) of this section or section 3313.65 of the	44582
Revised Code shall have an amount deducted under division (C) of	44583
section 3317.023 of the Revised Code equal to its own tuition rate	44584
for the same period of attendance. A school district entitled to	44585
receive tuition pursuant to division (C)(2) or (3) of this section	44586
or section 3313.65 of the Revised Code shall have an amount	44587
credited under division (C) of section 3317.023 of the Revised	44588
Code equal to its own tuition rate for the same period of	44589
attendance. If the tuition rate credited to the district of	44590
attendance exceeds the rate deducted from the district required to	44591
pay tuition, the department of education shall pay the district of	44592
attendance the difference from amounts deducted from all	44593
districts' payments under division (C) of section 3317.023 of the	44594
Revised Code but not credited to other school districts under such	44595
division and from appropriations made for such purpose. The	44596
treasurer of each school district shall, by the fifteenth day of	44597
January and July, furnish the superintendent of public instruction	44598
a report of the names of each child who attended the district's	44599
schools under divisions (C)(2) and (3) of this section or section	44600
3313.65 of the Revised Code during the preceding six calendar	44601
months, the duration of the attendance of those children, the	44602
school district responsible for tuition on behalf of the child,	44603
and any other information that the superintendent requires.	44604

Upon receipt of the report the superintendent, pursuant to	44605
division (C) of section 3317.023 of the Revised Code, shall deduct	44606
each district's tuition obligations under divisions (C)(2) and (3)	44607
of this section or section 3313.65 of the Revised Code and pay to	44608
the district of attendance that amount plus any amount required to	44609
be paid by the state.	44610

(K) In the event of a disagreement, the superintendent of	44611
public instruction shall determine the school district in which	44612
the parent resides.	44613

(L) Nothing in this section requires or authorizes, or shall	44614
be construed to require or authorize, the admission to a public	44615
school in this state of a pupil who has been permanently excluded	44616
from public school attendance by the superintendent of public	44617
instruction pursuant to sections 3301.121 and 3313.662 of the	44618
Revised Code.	44619

(M) In accordance with division (B)(1) of this section, a	44620
child whose parent is a member of the national guard or a reserve	44621
unit of the armed forces of the United States and is called to	44622
active duty, or a child whose parent is a member of the armed	44623
forces of the United States and is ordered to a temporary duty	44624
assignment outside of the district, may continue to attend school	44625
in the district in which the child's parent lived before being	44626
called to active duty or ordered to a temporary duty assignment	44627
outside of the district, as long as the child's parent continues	44628
to be a resident of that district, and regardless of where the	44629
child lives as a result of the parent's active duty status or	44630
temporary duty assignment. However, the district is not	44631
responsible for providing transportation for the child if the	44632
child lives outside of the district as a result of the parent's	44633
active duty status or temporary duty assignment.	44634

Sec. 3313.646. (A) The board of education of a school	44635
district, except a cooperative education district established	44636
pursuant to section 3311.521 of the Revised Code, may establish	44637
and operate a ~~preschool~~ program to provide services to	44638
preschool-age children, provided the board has demonstrated a need	44639
for the program. A board may use school funds in support of	44640
preschool programs. The board shall maintain, operate, and admit	44641
children to any such program pursuant to rules adopted by such	44642
board and the rules of the state board of education adopted under	44643
sections 3301.52 to 3301.57 of the Revised Code.	44644

A board of education may establish fees or tuition, which may	44645
be graduated in proportion to family income, for participation in	44646
a preschool program. In cases where payment of fees or tuition	44647
would create a hardship for the child's parent or guardian, the	44648
board may waive any such fees or tuition.	44649

(B) No board of education that is not receiving funds under	44650
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	44651
March 17, 1989, shall compete for funds under the "Head Start Act"	44652
with any grantee receiving funds under that act.	44653

(C) A board of education may contract with any of the	44654
following preschool providers to provide ~~preschool programs~~	44655
services to preschool-age children, other than ~~programs for units~~	44656
~~described by divisions (B) and (C) of~~those services for which the	44657
district is eligible to receive funding under section ~~3317.05~~	44658
3317.0213 of the Revised Code~~, for children of the school~~	44659
~~district~~:	44660

(1) Any organization receiving funds under the "Head Start	44661
Act";	44662

(2) Any nonsectarian eligible nonpublic school as defined in	44663
division (H) of section 3301.52 of the Revised Code;	44664

(3) Any child care provider licensed under Chapter 5104. of	44665
the Revised Code.	44666

Boards may contract to provide ~~preschool programs~~services to	44667
preschool-age children only with such organizations whose staff	44668
meet the requirements of rules adopted under section 3301.53 of	44669
the Revised Code or those of the child development associate	44670
credential established by the national association for the	44671
education of young children.	44672

(D) A contract entered into under division (C) of this	44673
section may provide for the board of education to lease school	44674
facilities to the preschool provider or to furnish transportation,	44675
utilities, or staff for the preschool program.	44676

(E) The treasurer of any board of education operating a	44677
preschool program pursuant to this section shall keep an account	44678
of all funds used to operate the program in the same manner as the	44679
treasurer would any other funds of the district pursuant to this	44680
chapter.	44681

Sec. 3313.65. (A) As used in this section and section	44682
3313.64 of the Revised Code:	44683

(1) A person is "in a residential facility" if the person is	44684
a resident or a resident patient of an institution, home, or other	44685
residential facility that is:	44686

(a) Licensed as a nursing home, residential care facility, or	44687
home for the aging by the director of health under section 3721.02	44688
of the Revised Code;	44689

(b) Maintained as a county home or district home by the board	44690
of county commissioners or a joint board of county commissioners	44691
under Chapter 5155. of the Revised Code;	44692

(c) Operated or administered by a board of alcohol, drug	44693
addiction, and mental health services under section 340.03 or	44694
~~340.06~~ of the Revised Code, or provides residential care pursuant	44695
to contracts made under section 340.03 ~~or 340.033~~ of the Revised	44696
Code;	44697

(d) Maintained as a state institution for the mentally ill	44698
under Chapter 5119. of the Revised Code;	44699

(e) Licensed by the department of ~~mental health~~mental health	44700
and addiction services under section ~~5119.20~~5119.33 or ~~5119.22~~	44701
5119.34 of the Revised Code;	44702

(f) Licensed as a residential facility by the department of	44703
developmental disabilities under section 5123.19 of the Revised	44704
Code;	44705

(g) Operated by the veteran's administration or another	44706
agency of the United States government;	44707

(h) Operated by the Ohio veterans' home.

44708

(2) A person is "in a correctional facility" if any of the	44709
following apply:	44710

(a) The person is an Ohio resident and is:

44711

(i) Imprisoned, as defined in section 1.05 of the Revised	44712
Code;	44713

(ii) Serving a term in a community-based correctional	44714
facility or a district community-based correctional facility;	44715

(iii) Required, as a condition of parole, a post-release	44716
control sanction, a community control sanction, transitional	44717
control, or early release from imprisonment, as a condition of	44718
shock parole or shock probation granted under the law in effect	44719
prior to July 1, 1996, or as a condition of a furlough granted	44720
under the version of section 2967.26 of the Revised Code in effect	44721
prior to March 17, 1998, to reside in a halfway house or other	44722
community residential center licensed under section 2967.14 of the	44723
Revised Code or a similar facility designated by the court of	44724
common pleas that established the condition or by the adult parole	44725
authority.	44726

(b) The person is imprisoned in a state correctional	44727
institution of another state or a federal correctional institution	44728
but was an Ohio resident at the time the sentence was imposed for	44729
the crime for which the person is imprisoned.	44730

(3) A person is "in a juvenile residential placement" if the	44731
person is an Ohio resident who is under twenty-one years of age	44732
and has been removed, by the order of a juvenile court, from the	44733
place the person resided at the time the person became subject to	44734
the court's jurisdiction in the matter that resulted in the	44735
person's removal.	44736

(4) "Community control sanction" has the same meaning as in	44737
section 2929.01 of the Revised Code.	44738

(5) "Post-release control sanction" has the same meaning as	44739
in section 2967.01 of the Revised Code.	44740

(B) If the circumstances described in division (C) of this	44741
section apply, the determination of what school district must	44742
admit a child to its schools and what district, if any, is liable	44743
for tuition shall be made in accordance with this section, rather	44744
than section 3313.64 of the Revised Code.	44745

(C) A child who does not reside in the school district in	44746
which the child's parent resides and for whom a tuition obligation	44747
previously has not been established under division (C)(2) of	44748
section 3313.64 of the Revised Code shall be admitted to the	44749
schools of the district in which the child resides if at least one	44750
of the child's parents is in a residential or correctional	44751
facility or a juvenile residential placement and the other parent,	44752
if living and not in such a facility or placement, is not known to	44753
reside in this state.	44754

(D) Regardless of who has custody or care of the child,	44755
whether the child resides in a home, or whether the child receives	44756
special education, if a district admits a child under division (C)	44757
of this section, tuition shall be paid to that district as	44758
follows:	44759

(1) If the child's parent is in a juvenile residential	44760
placement, by the district in which the child's parent resided at	44761
the time the parent became subject to the jurisdiction of the	44762
juvenile court;	44763

(2) If the child's parent is in a correctional facility, by	44764
the district in which the child's parent resided at the time the	44765
sentence was imposed;	44766

(3) If the child's parent is in a residential facility, by	44767
the district in which the parent resided at the time the parent	44768
was admitted to the residential facility, except that if the	44769
parent was transferred from another residential facility, tuition	44770
shall be paid by the district in which the parent resided at the	44771
time the parent was admitted to the facility from which the parent	44772
first was transferred;	44773

(4) In the event of a disagreement as to which school	44774
district is liable for tuition under division (C)(1), (2), or (3)	44775
of this section, the superintendent of public instruction shall	44776
determine which district shall pay tuition.	44777

(E) If a child covered by division (D) of this section	44778
receives special education in accordance with Chapter 3323. of the	44779
Revised Code, the tuition shall be paid in accordance with section	44780
3323.13 or 3323.14 of the Revised Code. Tuition for children who	44781
do not receive special education shall be paid in accordance with	44782
division (J) of section 3313.64 of the Revised Code.	44783

Sec. 3313.714. (A) As used in this section:

44784

(1) "Board of education" means the board of education of a	44785
city, local, exempted village, or joint vocational school	44786
district.	44787

(2) "Healthcheck" means the early and periodic screening,	44788
diagnosis, and treatment program, a component of the ~~medical~~	44789
~~assistance~~medicaid program ~~established under Title XIX of the~~	44790
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as~~	44791
~~amended, and Chapter 5111. of the Revised Code~~.	44792

(3) "Pupil" means a person under age twenty-two enrolled in	44793
the schools of a city, local, exempted village, or joint	44794
vocational school district.	44795

(4) "Parent" means either parent with the following	44796
exceptions:	44797

(a) If one parent has custody by court order, "parent" means	44798
the parent with custody.	44799

(b) If neither parent has legal custody, "parent" means the	44800
person or government entity with legal custody.	44801

(c) The child's legal guardian or a person who has accepted	44802
responsibility for the health, safety, and welfare of the child.	44803

(B) At the request of the department of ~~job and family~~	44804
~~services~~medicaid, a board of education shall establish and	44805
conduct a healthcheck program for pupils enrolled in the schools	44806
of the district who are medicaid recipients ~~of medical assistance~~	44807
~~under Chapter 5111. of the Revised Code~~. At the request of a board	44808
of education, the department may authorize the board to establish	44809
a healthcheck program. A board that establishes a healthcheck	44810
program shall enter into a ~~medical assistance~~medicaid provider	44811
agreement with the department.	44812

A healthcheck program established by a board of education	44813
shall be conducted in accordance with rules adopted by the	44814
medicaid director ~~of job and family services~~ under division (F) of	44815
this section. The healthcheck program shall include all of the	44816
following components:	44817

(1) A comprehensive health and development history;

44818

(2) A comprehensive physical examination;

44819

(3) A developmental assessment;

44820

(4) A nutritional assessment;

44821

(5) A vision assessment;

44822

(6) A hearing assessment;

44823

(7) An immunization assessment;

44824

(8) Lead screening and laboratory tests ordered by a doctor	44825
of medicine or osteopathic medicine as part of one of the other	44826
components;	44827

(9) Such other assessment as may be required by the	44828
department of ~~job and family services~~medicaid in accordance with	44829
the requirements of the healthcheck program.	44830

All services included in a board of education's healthcheck	44831
program that the board provided under sections 3313.67, 3313.673,	44832
3313.68, 3313.69, and 3313.71 of the Revised Code during the	44833
1990-1991 school year shall continue to be provided to ~~medical~~	44834
~~assistance~~medicaid recipients by the board pursuant to those	44835
sections. The services shall be considered part of the healthcheck	44836
program for medicaid recipients ~~of medical assistance~~, and the	44837
board shall be eligible for ~~reimbursement~~payment from the ~~state~~	44838
department in accordance with this division for providing the	44839
services.	44840

The department shall ~~reimburse~~pay boards of education for	44841
healthcheck program services provided under this division at the	44842
rates paid under the ~~medical assistance~~medicaid program to	44843
physicians, dentists, nurses, and other providers of healthcheck	44844
services.	44845

(C) Each board of education that conducts a healthcheck	44846
program shall determine for each pupil enrolled in the schools of	44847
the district whether the pupil is a ~~medical assistance~~medicaid	44848
recipient. The department of ~~job and family services~~medicaid and	44849
county departments of ~~human services~~job and family services shall	44850
assist the board in making these determinations. Except as	44851
necessary to carry out the purposes of this section, all	44852
information received by a board under this division shall be	44853
confidential.	44854

Before the first day of October of each year, each board that	44855
conducts a healthcheck program shall send the parent of each pupil	44856
who is under age eighteen and a medicaid recipient ~~of medical~~	44857
~~assistance~~ notice that the pupil will be examined under the	44858
district's healthcheck program unless the parent notifies the	44859
board that the parent denies consent for the examination. The	44860
notice shall include a form to be used by the parent to indicate	44861
that the parent denies consent. The denial shall be effective only	44862
if the form is signed by the parent and returned to the board or	44863
the school in which the pupil is enrolled. If the parent does not	44864
return a signed form indicating denial of consent within two weeks	44865
after the date the notice is sent, the school district and the	44866
department of ~~job and family services~~medicaid shall deem the	44867
parent to have consented to examination of the parent's child	44868
under the healthcheck program. In the case of a pupil age eighteen	44869
or older, the notice shall be given to the pupil, and the school	44870
district and the department of ~~job and family services~~medicaid	44871
shall deem the pupil to have consented to examination unless the	44872
pupil returns the signed form indicating the pupil's denial of	44873
consent.	44874

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

44875

(a) "Nonfederal share" means the portion of expenditures for	44876
services that is required under the ~~medical assistance~~medicaid	44877
program to be paid for with state or local government funds.	44878

(b) "Federal financial participation" means the portion of	44879
expenditures for services that is ~~reimbursed~~payable under the	44880
~~medical assistance~~medicaid program with federal funds.	44881

(2) At the request of a board of education, the state	44882
department may enter into an agreement with the board under which	44883
the board provides medical services to a medicaid recipient of	44884
~~medical assistance~~ that are ~~reimbursable~~payable under the ~~medical~~	44885
~~assistance~~medicaid program but not under the healthcheck program.	44886
The agreement may be for a term specified in the agreement and	44887
renewable by mutual consent of the board and the department, or	44888
may continue in force as long as agreeable to the board and the	44889
department.	44890

The board shall use state or local funds of the district to	44891
pay the nonfederal share of expenditures for services provided	44892
under this division. Prior to entering into or renewing an	44893
agreement and at any other time requested by the department while	44894
the agreement is in force, the board shall certify to the	44895
department in accordance with the rules adopted under division (F)	44896
of this section that it will have sufficient state or local funds	44897
to pay the nonfederal share of expenditures under this division.	44898
If the board fails to make the certification, the department shall	44899
not enter into or renew the agreement. If an agreement has been	44900
entered into, it shall be void unless the board makes the	44901
certification not later than fifteen days after receiving notice	44902
from the department that the certification is due. The board shall	44903
report to the department, in accordance with the rules, the amount	44904
of state or local funds it spends to provide services under this	44905
division.	44906

The department shall ~~reimburse~~pay the board the federal	44907
financial participation allowed for the board's expenditures for	44908
services under this division. The total of the nonfederal share	44909
spent by the board and the federal financial participation	44910
~~reimbursed~~paid by the department for a service rendered under	44911
this division shall be an amount agreed to by the board and the	44912
department, but shall not exceed the maximum ~~reimbursable~~payable	44913
amount for that service under rules adopted ~~by the director of job~~	44914
~~and family services~~ under ~~Chapter 5111.~~section 5164.02 of the	44915
Revised Code. The rules adopted under division (F) of this section	44916
shall include procedures under which the department will recover	44917
from a board overpayments and subsequent federal audit	44918
disallowances of federal financial participation ~~reimbursed~~paid	44919
by the department.	44920

(E) A board of education shall provide services under	44921
division (D) of this section and under its healthcheck program as	44922
provided in division (E)(1), (2), or (3) of this section:	44923

(1) By having the services performed by physicians, dentists,	44924
and nurses employed by the board;	44925

(2) By contracting with physicians, dentists, nurses, and	44926
other providers of services who have ~~medical assistance~~medicaid	44927
provider agreements with the department of ~~job and family services~~	44928
medicaid;	44929

(3) By having some of the services performed by persons	44930
described in division (E)(1) of this section and others performed	44931
by persons described in division (E)(2) of this section.	44932

(F) The medicaid director ~~of job and family services~~ shall	44933
adopt rules in accordance with Chapter 119. of the Revised Code	44934
governing healthcheck programs conducted under this section and	44935
services provided under division (D) of this section.	44936

Sec. 3313.715. The board of education of a school district	44937
may request from the director of developmental disabilities the	44938
appropriate identification numbers for all students residing in	44939
the district who are ~~medical assistance~~medicaid recipients ~~under~~	44940
~~Chapter 5111. of the Revised Code~~. The director shall furnish such	44941
numbers upon receipt of lists of student names furnished by the	44942
district board, in such form as the director may require.	44943

The medicaid director ~~of job and family services~~ shall	44944
provide the director of developmental disabilities with the data	44945
necessary for compliance with this section.	44946

Section 3319.321 of the Revised Code does not apply to the	44947
release of student names or other data to the director of	44948
developmental disabilities for the purposes of this section.	44949
Chapter 1347. of the Revised Code does not apply to information	44950
required to be kept by a school board or the departments of ~~job~~	44951
~~and family services~~medicaid or developmental disabilities to the	44952
extent necessary to comply with this section and section 3313.714	44953
of the Revised Code. However, any such information or data shall	44954
be used only for the specific legal purposes of such boards and	44955
departments and shall not be released to any unauthorized person.	44956

Sec. 3313.83. (A)(1) For the purpose of pooling resources,	44957
operating more cost effectively, minimizing administrative	44958
overhead, encouraging the sharing of resource development, and	44959
diminishing duplication, the boards of education of two or more	44960
city, local, or exempted village school districts each having a	44961
majority of its territory in a county with a population greater	44962
than one million two hundred thousand, by adopting identical	44963
resolutions, may enter into an agreement providing for the	44964
creation of a regional student education district for the purpose	44965
of funding the following for students enrolled in those school	44966
districts, including students diagnosed as autistic and students	44967
with special needs, and their immediate family members:	44968

(a) Special education services;

44969

(b) Behavioral health services for persons with special	44970
needs.	44971

If more than eight boards of education adopt resolutions to	44972
form a regional student education district, the boards may meet at	44973
facilities of the educational service center of the county to	44974
discuss membership in the district.	44975

(2) The territory of a regional student education district at	44976
any time shall be composed of the combined territories of the	44977
school districts that are parties to the agreement at that time.	44978
Services funded by a regional student education district shall be	44979
available to all individuals enrolled in a school district that is	44980
a part of the regional student education district and members of	44981
their immediate family.	44982

(3) The agreement may be amended pursuant to terms and	44983
procedures mutually agreed to by the boards of education that are	44984
parties to the agreement.	44985

(B) Each regional student education district shall be	44986
governed by a board of directors. The superintendent of each board	44987
of education that is a party to the agreement shall serve on the	44988
board of directors. The agreement shall provide for the terms of	44989
office of directors. Directors shall receive no compensation, but	44990
shall be reimbursed, from the special fund of the regional student	44991
education district, for the reasonable and necessary expenses they	44992
incur in the performance of their duties for the district. The	44993
agreement shall provide for the conduct of the board's initial	44994
organizational meeting and for the frequency of subsequent	44995
meetings and quorum requirements. At its first meeting, the board	44996
shall designate from among its members a president and secretary	44997
in the manner provided in the agreement.	44998

The board of directors of a regional student education	44999
district is a body corporate and politic, is capable of suing and	45000
being sued, is capable of contracting within the limits of this	45001
section and the agreement governing the district, and is capable	45002
of accepting gifts, donations, bequests, or other grants of money	45003
for use in paying its expenses. The district is a public office	45004
and its directors are public officials within the meaning of	45005
section 117.01 of the Revised Code, the board of directors is a	45006
public body within the meaning of section 121.22 of the Revised	45007
Code, and records of the board and of the district are public	45008
records within the meaning of section 149.43 of the Revised Code.	45009

The agreement shall require the board to designate a	45010
permanent location for its offices and meeting place, and may	45011
provide for the use of such facilities and property for the	45012
provision of services by the agencies with which the board	45013
contracts under division (C) of this section.	45014

(C)(1) To provide the services identified in division (A)(1)	45015
of this section, the board of directors of a regional student	45016
education district shall provide for the hiring of employees or	45017
shall contract with one or more entities. Except as provided in	45018
division (C)(2) of this section, any entity with which the board	45019
of directors contracts to provide the services identified in	45020
division (A)(1)(b) of this section shall be a qualified nonprofit,	45021
nationally accredited agency to which both of the following apply:	45022

(a) The agency is licensed or certified by the departments of	45023
~~mental health,~~mental health and addiction services and job and	45024
family services~~, and alcohol and drug addiction services~~.	45025

(b) The agency provides school-based behavioral health	45026
services.	45027

(2) The board of directors may contract with an entity that	45028
does not meet the conditions stated in division (C)(1) of this	45029
section if the services to be provided by the entity are only	45030
incidental to the services identified in division (A)(1)(b) of	45031
this section.	45032

(3) The board of directors may levy a tax throughout the	45033
district as provided in section 5705.2111 of the Revised Code. The	45034
board of directors shall provide for the creation of a special	45035
fund to hold the proceeds of any tax levied under section	45036
5705.2111 of the Revised Code and any gifts, donations, bequests,	45037
or other grants of money coming into the possession of the	45038
district. A regional student education district is a subdivision,	45039
and the board of directors is a governing body, within the meaning	45040
of section 135.01 of the Revised Code. The board of directors may	45041
not issue securities or otherwise incur indebtedness.	45042

(4) The adoption or rejection by electors of a tax levy to	45043
fund a regional student education district pursuant to section	45044
5705.2111 of the Revised Code does not alter the duty of each	45045
school district member of the regional student education district	45046
to provide special education and related services as required	45047
under Chapter 3323. of the Revised Code. On the expiration of a	45048
regional student education district levy, the state, member school	45049
districts of the regional student education district, and any	45050
other governmental entity shall not be obligated to provide	45051
replacement funding for the revenues under the expired levy. The	45052
tax levy, in whole or in part, shall not be considered a levy for	45053
current operating expenses pursuant to division (A) of section	45054
3317.01 of the Revised Code for any of the school districts that	45055
are members of the regional student education district.	45056

(D)(1) The agreement shall provide for the manner of	45057
appointing an individual or entity to perform the duties of fiscal	45058
officer of the regional student education district. The agreement	45059
shall specify the length of time the individual or entity shall	45060
perform those duties and whether the individual or entity may be	45061
reappointed upon the completion of a term. The fiscal officer may	45062
receive compensation for performing the duties of the position and	45063
be reimbursed for reasonable expenses of performing those duties	45064
from the regional student education district's special fund.	45065

(2) The legal advisor of the board of directors of a regional	45066
student education district shall be the prosecuting attorney of	45067
the most populous county containing a school district that is a	45068
member of the regional student education district. The prosecuting	45069
attorney shall prosecute all actions against a member of the board	45070
of directors for malfeasance or misfeasance in office and shall be	45071
the legal counsel for the board and its members in all other	45072
actions brought by or against them and shall conduct those actions	45073
in the prosecuting attorney's official capacity. No compensation	45074
in addition to the prosecuting attorney's regular salary shall be	45075
allowed.	45076

(E) The board of directors of a regional student education	45077
district shall procure a policy or policies of insurance insuring	45078
the board, the fiscal officer, and the legal representative	45079
against liability on account of damage or injury to persons and	45080
property. Before procuring such insurance the board shall adopt a	45081
resolution setting forth the amount of insurance to be purchased,	45082
the necessity of the insurance, and a statement of its estimated	45083
premium cost. Insurance procured pursuant to this section shall be	45084
from one or more recognized insurance companies authorized to do	45085
business in this state. The cost of the insurance shall be paid	45086
from the district's special fund.	45087

A regional student education district is a political	45088
subdivision within the meaning of section 2744.01 of the Revised	45089
Code.	45090

(F)(1) The board of education of a school district having a	45091
majority of its territory in the county may join an existing	45092
regional student education district by adopting a resolution	45093
requesting to join as a party to the agreement and upon approval	45094
by the boards of education that currently are parties to the	45095
agreement. If a tax is levied in the regional student education	45096
district under section 5705.2111 of the Revised Code, a board of	45097
education may join the district only after a majority of qualified	45098
electors in the school district voting on the question vote in	45099
favor of levying the tax throughout the school district. A board	45100
of education joining an existing district shall have the same	45101
powers, rights, and obligations under the agreement as other	45102
boards of education that are parties to the agreement.	45103

(2) A board of education that is a party to an agreement	45104
under this section may withdraw the school district from a	45105
regional student education district by adopting a resolution. The	45106
withdrawal shall take effect on the date provided in the	45107
resolution. If a tax is levied in the regional student education	45108
district under section 5705.2111 of the Revised Code, the	45109
resolution shall take effect not later than the first day of	45110
January following adoption of the resolution. Beginning with the	45111
first day of January following adoption of the resolution, any tax	45112
levied under section 5705.2111 of the Revised Code shall not be	45113
levied within the territory of the withdrawing school district.	45114
Any collection of tax levied in the territory of the withdrawing	45115
school district under that section that has not been settled and	45116
distributed when the resolution takes effect shall be credited to	45117
the district's special fund.	45118

(G) An agreement entered into under this section shall	45119
provide for the manner of the regional student education	45120
district's dissolution. The district shall cease to exist when not	45121
more than one school district remains in the district, and the	45122
levy of any tax under section 5705.2111 of the Revised Code shall	45123
not be extended on the tax lists in any tax year beginning after	45124
the dissolution of the district. The agreement shall provide that,	45125
upon dissolution of the district, any unexpended balance in the	45126
district's special fund shall be divided among the school	45127
districts that are parties to the agreement immediately before	45128
dissolution in proportion to the taxable valuation of taxable	45129
property in the districts, and credited to their respective	45130
general funds.	45131

Sec. 3313.841. The boards of education and governing boards	45132
of two or more city, local, joint vocational, or exempted village	45133
school districts or educational service centers may contract in	45134
accordance with the terms of this section for the sharing on a	45135
cooperative basis of the services of supervisory teachers, special	45136
instruction teachers, special education teachers, and other	45137
licensed personnel necessary to conduct approved cooperative	45138
classes for special education and related services and gifted	45139
education.	45140

The boards of two or more districts or service centers	45141
desiring to enroll students in such classes shall each adopt	45142
resolutions indicating such desire and designating one of the	45143
participating districts or service centers as the funding agent	45144
for purposes of this section. The district or service center	45145
designated as the funding agent shall enter into an employment	45146
contract with each licensed teacher whose services are to be	45147
shared among the participating districts and service centers. In	45148
turn, the funding agent shall enter into contracts with each of	45149
the districts and service centers which have adopted resolutions	45150
agreeing to participate in the cooperative program upon terms	45151
agreed to by all parties to such contract. Such contracts between	45152
districts and service centers shall set forth the services to be	45153
provided by the licensed teacher employed by the funding agent	45154
whose services are to be shared by the participating districts and	45155
service centers and the basis for computing the amounts to be paid	45156
for such services to the funding agent by the participating	45157
districts and service centers.	45158

For purposes of ~~division (B) of~~ section ~~3317.05~~3317.0213 of	45159
the Revised Code, the funding agent shall count all pupils	45160
enrolled in cooperative programs for pupils with disabilities as	45161
pupils enrolled in such programs in the funding agent district.	45162
Upon receipt of payment for such programs, the funding agent	45163
district shall credit the account of districts participating in	45164
the cooperative program for the amounts due under contracts	45165
entered into under the terms of this section in proportion to the	45166
number of resident students enrolled in the cooperative program	45167
from each participating district and service center.	45168

In determining the terms of the contract entered into by the	45169
funding agent district or service center and the participating	45170
districts and service centers, the superintendent of schools of	45171
each participating board of education and governing board shall	45172
serve as a committee which shall recommend such terms to such	45173
boards.	45174

Sec. 3313.843. (A) Notwithstanding division (D) of section	45175
3311.52 of the Revised Code, this section does not apply to any	45176
cooperative education school district.	45177

(B)(1) The board of education of each city, exempted village,	45178
or local school district with an average daily student enrollment	45179
of sixteen thousand or less, reported for the district on the most	45180
recent report card issued under section 3302.03 of the Revised	45181
Code, shall enter into an agreement with the governing board of an	45182
educational service center, under which the educational service	45183
center governing board will provide services to the district.	45184

(2) The board of education of a city, exempted village, or	45185
local school district with an average daily student enrollment of	45186
more than sixteen thousand may enter into an agreement with the	45187
governing board of an educational service center, under which the	45188
educational service center governing board will provide services	45189
to the district.	45190

(3) Services provided under an agreement entered into under	45191
division (B)(1) or (2) of this section shall be specified in the	45192
agreement, and may include any of the following: supervisory	45193
teachers; in-service and continuing education programs for	45194
district personnel; curriculum services; research and development	45195
programs; academic instruction for which the governing board	45196
employs teachers pursuant to section 3319.02 of the Revised Code;	45197
assistance in the provision of special accommodations and classes	45198
for students with disabilities; or any other services the district	45199
board and service center governing board agree can be better	45200
provided by the service center and are not provided under an	45201
agreement entered into under section 3313.845 of the Revised Code.	45202
Services included in the agreement shall be provided to the	45203
district in the manner specified in the agreement. The district	45204
board of education shall reimburse the educational service center	45205
governing board pursuant to ~~section 3317.11 of the Revised Code~~	45206
terms specified in the agreement entered into under this section.	45207

~~Beginning with the 2012-2013 school year, the board of any~~	45208
~~district described in division (B)(2) of this section may elect~~	45209
~~not to receive the supervisory services for which supervisory~~	45210
~~units are paid under division (B) of section 3317.11 of the~~	45211
~~Revised Code, provided that election is specified in the~~	45212
~~agreement.~~	45213

(C) Any agreement entered into pursuant to this section shall	45214
be filed with the department of education by the first day of July	45215
of the school year for which the agreement is in effect.	45216

(D)(1) An agreement for services from an educational service	45217
center entered into under this section may be terminated by the	45218
school district board of education, at its option, by notifying	45219
the governing board of the service center by March 1, 2012, or by	45220
the first day of January of any odd-numbered year thereafter, that	45221
the district board intends to terminate the agreement in that	45222
year, and that termination shall be effective on the thirtieth day	45223
of June of that year. The failure of a district board to notify an	45224
educational service center of its intent to terminate an agreement	45225
by March 1, 2012, shall result in renewal of the existing	45226
agreement for the following school year. Thereafter, the failure	45227
of a district board to notify an educational service center of its	45228
intent to terminate an agreement by the first day of January of an	45229
odd-numbered year shall result in renewal of the existing	45230
agreement for the following two school years.	45231

(2) If the school district that terminates an agreement for	45232
services under division (D)(1) of this section is also subject to	45233
the requirement of division (B)(1) of this section, the district	45234
board shall enter into a new agreement with any educational	45235
service center so that the new agreement is effective on the first	45236
day of July of that same year.	45237

(3) If all moneys owed by a school district to an educational	45238
service center under an agreement for services terminated under	45239
division (D)(1) of this section have been paid in full by the	45240
effective date of the termination, the governing board of the	45241
service center shall submit an affidavit to the department	45242
certifying that fact not later than fifteen days after the	45243
termination's effective date. Notwithstanding anything in the	45244
Revised Code to the contrary, until the department receives such	45245
an affidavit, it shall not make any payments to any other	45246
educational service center with which the district enters into an	45247
agreement under this section for services that the educational	45248
service center provides to the district.	45249

(E) An educational service center may apply to any state or	45250
federal agency for competitive grants. It may also apply to any	45251
private entity for additional funds.	45252

(F) Not later than January 1, 2014, each educational service	45253
center shall post on its web site a list of all of the services	45254
that it provides and the corresponding cost for each of those	45255
services.	45256

(G)(1) For purposes of this division, a school district's	45257
"total student count" means the average daily student enrollment	45258
reported on the most recent report card issued for the district	45259
pursuant to section 3302.03 of the Revised Code.	45260

(2) For purposes of calculating any state subsidy to be paid	45261
to an educational service center for services provided to a school	45262
district, the service center's student count shall be the sum of	45263
the total student counts of all the school districts with which	45264
the educational service center has entered into an agreement under	45265
this section.	45266

(3) When a district enters into a new agreement with a new	45267
educational service center, the department of education shall	45268
ensure that the state subsidy for services provided to the	45269
district is paid to the new educational service center and that	45270
the educational service center with which the district previously	45271
had an agreement is no longer paid a state subsidy for providing	45272
services to that district.	45273

Sec. 3313.845. The board of education of a city, exempted	45274
village, or local school district and the governing board of an	45275
educational service center may enter into an agreement under which	45276
the educational service center will provide services to the school	45277
district. Services provided under the agreement and the amount to	45278
be paid for such services shall be mutually agreed to by the	45279
district board of education and the service center governing	45280
board, and shall be specified in the agreement. Payment for	45281
services specified in the agreement shall be made pursuant to	45282
~~division (D) of section 3317.11 of the Revised Code and shall not~~	45283
~~include any deduction under division (B), (C), or (F) of that~~	45284
~~section~~the terms of that agreement. Any agreement entered into	45285
pursuant to this section shall be valid only if a copy is filed	45286
with the department of education.	45287

The authority granted under this section to the boards of	45288
education of city, exempted village, and local school districts is	45289
in addition to the authority granted to such boards under section	45290
3313.843 of the Revised Code.	45291

Sec. 3313.848. (A) As used in this section:

45292

(1) "Client" means a city, local, or exempted village school	45293
district, community school established under Chapter 3314. of the	45294
Revised Code, STEM school established under Chapter 3326. of the	45295
Revised Code, or political subdivision.	45296

(2) "Governing body" means the board of education of a school	45297
district, governing authority of a community school, governing	45298
body of a STEM school, or governing body of a political	45299
subdivision.	45300

(3) "Political subdivision" has the same meaning as used in	45301
section 3313.846 of the Revised Code.	45302

(4) "Service agreement" means an agreement that a client has	45303
entered into with an educational service center under section	45304
3313.843, 3313.844, 3313.845, 3313.846, or 3326.45 of the Revised	45305
Code and any subsequent amendment to that agreement.	45306

(B) If at the end of a fiscal year for which a service	45307
agreement is in effect any of the funds paid directly by a client	45308
to the educational service center under the agreement have not	45309
been expended, a client's governing body may elect to have the	45310
service center retain the unexpended funds for the purpose of	45311
applying them toward any payment the client will owe to the	45312
service center under a service agreement for the next fiscal year.	45313
The treasurer or fiscal officer of the client shall indicate on	45314
the client's end-of-year financial report that unexpended funds	45315
have been retained by the service center and the amount of those	45316
funds.	45317

(C) If the chief administrator of a client requests that the	45318
treasurer of an educational service center spend a portion of the	45319
client's funds retained under division (B) of this section for a	45320
purpose other than services specifically set forth under a service	45321
agreement and the treasurer fulfills that request, the treasurer	45322
shall keep a record of the expenditure and the purpose for which	45323
the expenditure was made. On at least an annual basis, or upon the	45324
request of the client's governing body or its treasurer or fiscal	45325
officer, the treasurer of the service center shall notify the	45326
client's treasurer or fiscal officer of the expenditures recorded	45327
under this division. The client's treasurer or fiscal officer	45328
shall include that information in the financial report made by the	45329
treasurer or fiscal officer at the next meeting of the client's	45330
governing body that occurs following receipt of the information.	45331

Sec. 3313.88. (A)(1) Prior to the first day of August of	45332
each school year, the board of education of any school district or	45333
the governing authority of any chartered nonpublic school may	45334
submit to the department of education a plan to require students	45335
to access and complete classroom lessons posted on the district's	45336
or nonpublic school's web portal or web site in order to make up	45337
days in that school year on which it is necessary to close schools	45338
for any of the reasons specified in division (B) of section	45339
3317.01 of the Revised Code in excess of the number of days	45340
permitted under sections 3313.48, 3313.481, and 3317.01 of the	45341
Revised Code.	45342

Prior to the first day of August of each school year, the	45343
governing authority of any community school established under	45344
Chapter 3314. that is not an internet- or computer-based community	45345
school, as defined in section 3314.02 of the Revised Code, may	45346
submit to the department a plan to require students to access and	45347
complete classroom lessons posted on the school's web portal or	45348
web site in order to make up days or hours in that school year on	45349
which it is necessary to close the school for any of the reasons	45350
specified in division ~~(L)~~(H)(4) of section 3314.08 of the Revised	45351
Code so that the school is in compliance with the minimum number	45352
of hours required under Chapter 3314. of the Revised Code.	45353

A plan submitted by a school district board or chartered	45354
nonpublic school governing authority shall provide for making up	45355
any number of days, up to a maximum of three days. A plan	45356
submitted by a community school governing authority shall provide	45357
for making up any number of hours, up to a maximum of the	45358
equivalent of three days. Provided the plan meets all requirements	45359
of this section, the department shall permit the board or	45360
governing authority to implement the plan for the applicable	45361
school year.	45362

(2) Each plan submitted under this section by a school	45363
district board of education shall include the written consent of	45364
the teachers' employee representative designated under division	45365
(B) of section 4117.04 of the Revised Code.	45366

(3) Each plan submitted under this section shall provide for	45367
the following:	45368

(a) Not later than the first day of November of the school	45369
year, each classroom teacher shall develop a sufficient number of	45370
lessons for each course taught by the teacher that school year to	45371
cover the number of make-up days or hours specified in the plan.	45372
The teacher shall designate the order in which the lessons are to	45373
be posted on the district's, community school's, or nonpublic	45374
school's web portal or web site in the event of a school closure.	45375
Teachers may be granted up to one professional development day to	45376
create lesson plans for those lessons.	45377

(b) To the extent possible and necessary, a classroom teacher	45378
shall update or replace, based on current instructional progress,	45379
one or more of the lesson plans developed under division (A)(3)(a)	45380
of this section before they are posted on the web portal or web	45381
site under division (A)(3)(c) of this section or distributed under	45382
division (B) of this section.	45383

(c) As soon as practicable after a school closure, a district	45384
or school employee responsible for web portal or web site	45385
operations shall make the designated lessons available to students	45386
on the district's, community school's, or nonpublic school's	45387
portal or site. A lesson shall be posted for each course that was	45388
scheduled to meet on the day or hours of the closure.	45389

(d) Each student enrolled in a course for which a lesson is	45390
posted on the portal or site shall be granted a two-week period	45391
from the date of posting to complete the lesson. The student's	45392
classroom teacher shall grade the lesson in the same manner as	45393
other lessons. The student may receive an incomplete or failing	45394
grade if the lesson is not completed on time.	45395

(e) If a student does not have access to a computer at the	45396
student's residence and the plan does not include blizzard bags	45397
under division (B) of this section, the student shall be permitted	45398
to work on the posted lessons at school after the student's school	45399
reopens. If the lessons were posted prior to the reopening, the	45400
student shall be granted a two-week period from the date of the	45401
reopening, rather than from the date of posting as otherwise	45402
required under division (A)(3)(d) of this section, to complete the	45403
lessons. The district board or community school or nonpublic	45404
school governing authority may provide the student access to a	45405
computer before, during, or after the regularly scheduled school	45406
day or may provide a substantially similar paper lesson in order	45407
to complete the lessons.	45408

(B)(1) In addition to posting classroom lessons online under	45409
division (A) of this section, the board of education of any school	45410
district or governing authority of any community or chartered	45411
nonpublic school may include in the plan distribution of "blizzard	45412
bags," which are paper copies of the lessons posted online.	45413

(2) If a school opts to use blizzard bags, teachers shall	45414
prepare paper copies in conjunction with the lessons to be posted	45415
online and update the paper copies whenever the teacher updates	45416
the online lesson plans.	45417

(3) The board of education of any school district or	45418
governing authority of any community or chartered nonpublic school	45419
that opts to use blizzard bags shall specify in the plan the	45420
method of distribution of blizzard bag lessons, which may include,	45421
but not be limited to, requiring distribution by a specific	45422
deadline or requiring distribution prior to anticipated school	45423
closure as directed by the superintendent of a school district or	45424
the principal, director, chief administrative officer, or the	45425
equivalent, of a school.	45426

(4) Students shall turn in completed lessons in accordance	45427
with division (A)(3)(d) of this section.	45428

(C)(1) No school district that implements a plan in	45429
accordance with this section shall be considered to have failed to	45430
comply with division (B) of section 3317.01 of the Revised Code	45431
with respect to the number of make-up days specified in the plan.	45432

(2) No community school that implements a plan in accordance	45433
with this section shall be considered to have failed to comply	45434
with the minimum number of hours required under Chapter 3314. of	45435
the Revised Code with respect to the number of make-up hours	45436
specified in the plan.	45437

Sec. 3313.978. (A) Annually by the first day of November,	45438
the superintendent of public instruction shall notify the pilot	45439
project school district of the number of initial scholarships that	45440
the state superintendent will be awarding in each of grades	45441
kindergarten through twelve.	45442

The state superintendent shall provide information about the	45443
scholarship program to all students residing in the district,	45444
shall accept applications from any such students until such date	45445
as shall be established by the state superintendent as a deadline	45446
for applications, and shall establish criteria for the selection	45447
of students to receive scholarships from among all those applying	45448
prior to the deadline, which criteria shall give preference to	45449
students from low-income families. The state superintendent shall	45450
notify students of their selection prior to the fifteenth day of	45451
January.	45452

(1) A student receiving a pilot project scholarship may	45453
utilize it at an alternative public school by notifying the	45454
district superintendent, at any time before the beginning of the	45455
school year, of the name of the public school in an adjacent	45456
school district to which the student has been accepted pursuant to	45457
section 3327.06 of the Revised Code.	45458

(2) A student may decide to utilize a pilot project	45459
scholarship at a registered private school in the district if all	45460
of the following conditions are met:	45461

(a) By the fifteenth day of February of the preceding school	45462
year, or at any time prior to the start of the school year, the	45463
parent makes an application on behalf of the student to a	45464
registered private school.	45465

(b) The registered private school notifies the parent and the	45466
state superintendent as follows that the student has been	45467
admitted:	45468

(i) By the fifteenth day of March of the preceding school	45469
year if the student filed an application by the fifteenth day of	45470
February and was admitted by the school pursuant to division (A)	45471
of section 3313.977 of the Revised Code;	45472

(ii) Within one week of the decision to admit the student if	45473
the student is admitted pursuant to division (C) of section	45474
3313.977 of the Revised Code.	45475

(c) The student actually enrolls in the registered private	45476
school to which the student was first admitted or in another	45477
registered private school in the district or in a public school in	45478
an adjacent school district.	45479

(B) The state superintendent shall also award in any school	45480
year tutorial assistance grants to a number of students equal to	45481
the number of students who receive scholarships under division (A)	45482
of this section. Tutorial assistance grants shall be awarded	45483
solely to students who are enrolled in the public schools of the	45484
district in a grade level covered by the pilot project. Tutorial	45485
assistance grants may be used solely to obtain tutorial assistance	45486
from a provider approved pursuant to division (D) of section	45487
3313.976 of the Revised Code.	45488

All students wishing to obtain tutorial assistance grants	45489
shall make application to the state superintendent by the first	45490
day of the school year in which the assistance will be used. The	45491
state superintendent shall award assistance grants in accordance	45492
with criteria the superintendent shall establish.	45493

(C)(1) In the case of basic scholarships for students in	45494
grades kindergarten through eight, the scholarship amount shall	45495
not exceed the lesser of the net tuition charges of the	45496
alternative school the scholarship recipient attends or ~~three~~	45497
~~thousand dollars before fiscal year 2007, three thousand four~~	45498
~~hundred fifty dollars in fiscal year 2007 through fiscal year~~	45499
~~2011, and~~ four thousand two hundred fifty dollars in fiscal year	45500
2012 and thereafter.	45501

In the case of basic scholarships for students in grades nine	45502
through twelve, the scholarship amount shall not exceed the lesser	45503
of the net tuition charges of the alternative school the	45504
scholarship recipient attends or ~~two thousand seven hundred~~	45505
~~dollars before fiscal year 2007, three thousand four hundred fifty~~	45506
~~dollars in fiscal year 2007 through fiscal year 2011, and~~ five	45507
thousand dollars in fiscal year 2012 and ~~thereafter~~fiscal year	45508
2013, and five thousand seven hundred dollars in fiscal year 2014	45509
and thereafter.	45510

The net tuition and fees charged to a student shall be the	45511
tuition amount specified by the alternative school minus all other	45512
financial aid, discounts, and adjustments received for the	45513
student. In cases where discounts are offered for multiple	45514
students from the same family, and not all students in the same	45515
family are scholarship recipients, the net tuition amount	45516
attributable to the scholarship recipient shall be the lowest net	45517
tuition to which the family is entitled.	45518

(2) The state superintendent shall provide for an increase in	45519
the basic scholarship amount in the case of any student who is a	45520
mainstreamed student with a disability and shall further increase	45521
such amount in the case of any separately educated student with a	45522
disability. Such increases shall take into account the	45523
instruction, related services, and transportation costs of	45524
educating such students.	45525

(3) In the case of tutorial assistance grants, the grant	45526
amount shall not exceed the lesser of the provider's actual	45527
charges for such assistance or:	45528

(a) Before fiscal year 2007, a percentage established by the	45529
state superintendent, not to exceed twenty per cent, of the amount	45530
of the pilot project school district's average basic scholarship	45531
amount;	45532

(b) In fiscal year 2007 and thereafter, four hundred dollars.

45533

(D)(1) Annually by the first day of November, the state	45534
superintendent shall estimate the maximum per-pupil scholarship	45535
amounts for the ensuing school year. The state superintendent	45536
shall make this estimate available to the general public at the	45537
offices of the district board of education together with the forms	45538
required by division (D)(2) of this section.	45539

(2) Annually by the fifteenth day of January, the chief	45540
administrator of each registered private school located in the	45541
pilot project district and the principal of each public school in	45542
such district shall complete a parental information form and	45543
forward it to the president of the board of education. The	45544
parental information form shall be prescribed by the department of	45545
education and shall provide information about the grade levels	45546
offered, the numbers of students, tuition amounts, achievement	45547
test results, and any sectarian or other organizational	45548
affiliations.	45549

(E)(1) Only for the purpose of administering the pilot	45550
project scholarship program, the department may request from any	45551
of the following entities the data verification code assigned	45552
under division (D)(2) of section 3301.0714 of the Revised Code to	45553
any student who is seeking a scholarship under the program:	45554

(a) The school district in which the student is entitled to	45555
attend school under section 3313.64 or 3313.65 of the Revised	45556
Code;	45557

(b) If applicable, the community school in which the student	45558
is enrolled;	45559

(c) The independent contractor engaged to create and maintain	45560
data verification codes.	45561

(2) Upon a request by the department under division (E)(1) of	45562
this section for the data verification code of a student seeking a	45563
scholarship or a request by the student's parent for that code,	45564
the school district or community school shall submit that code to	45565
the department or parent in the manner specified by the	45566
department. If the student has not been assigned a code, because	45567
the student will be entering kindergarten during the school year	45568
for which the scholarship is sought, the district shall assign a	45569
code to that student and submit the code to the department or	45570
parent by a date specified by the department. If the district does	45571
not assign a code to the student by the specified date, the	45572
department shall assign a code to the student.	45573

The department annually shall submit to each school district	45574
the name and data verification code of each student residing in	45575
the district who is entering kindergarten, who has been awarded a	45576
scholarship under the program, and for whom the department has	45577
assigned a code under this division.	45578

(3) The department shall not release any data verification	45579
code that it receives under division (E) of this section to any	45580
person except as provided by law.	45581

(F) Any document relative to the pilot project scholarship	45582
program that the department holds in its files that contains both	45583
a student's name or other personally identifiable information and	45584
the student's data verification code shall not be a public record	45585
under section 149.43 of the Revised Code.	45586

(G)(1) The department annually shall compile the scores	45587
attained by scholarship students enrolled in registered private	45588
schools on the assessments administered to the students pursuant	45589
to division (A)(11) of section 3313.976 of the Revised Code. The	45590
scores shall be aggregated as follows:	45591

(a) By school district, which shall include all scholarship	45592
students residing in the pilot project school district who are	45593
enrolled in a registered private school and were required to take	45594
an assessment pursuant to division (A)(11) of section 3313.976 of	45595
the Revised Code;	45596

(b) By registered private school, which shall include all	45597
scholarship students enrolled in that school who were required to	45598
take an assessment pursuant to division (A)(11) of section	45599
3313.976 of the Revised Code.	45600

(2) The department shall disaggregate the student performance	45601
data described in division (G)(1) of this section according to the	45602
following categories:	45603

(a) Grade level;

45604

(b) Race and ethnicity;

45605

45606

(d) Students who have participated in the scholarship program	45607
for three or more years;	45608

(e) Students who have participated in the scholarship program	45609
for more than one year and less than three years;	45610

(f) Students who have participated in the scholarship program	45611
for one year or less;	45612

(g) Economically disadvantaged students.

45613

(3) The department shall post the student performance data	45614
required under divisions (G)(1) and (2) of this section on its web	45615
site and shall include that data in the information about the	45616
scholarship program provided to students under division (A) of	45617
this section. In reporting student performance data under this	45618
division, the department shall not include any data that is	45619
statistically unreliable or that could result in the	45620
identification of individual students. For this purpose, the	45621
department shall not report performance data for any group that	45622
contains less than ten students.	45623

(4) The department shall provide the parent of each	45624
scholarship student enrolled in a registered private school with	45625
information comparing the student's performance on the assessments	45626
administered pursuant to division (A)(11) of section 3313.976 of	45627
the Revised Code with the average performance of similar students	45628
enrolled in the building operated by the pilot project school	45629
district that the scholarship student would otherwise attend. In	45630
calculating the performance of similar students, the department	45631
shall consider age, grade, race and ethnicity, gender, and	45632
socioeconomic status.	45633

Sec. 3313.98. Notwithstanding division (D) of section	45634
3311.19 and division (D) of section 3311.52 of the Revised Code,	45635
the provisions of this section and sections 3313.981 to 3313.983	45636
of the Revised Code that apply to a city school district do not	45637
apply to a joint vocational or cooperative education school	45638
district unless expressly specified.	45639

(A) As used in this section and sections 3313.981 to 3313.983	45640
of the Revised Code:	45641

(1) "Parent" means either of the natural or adoptive parents	45642
of a student, except under the following conditions:	45643

(a) When the marriage of the natural or adoptive parents of	45644
the student has been terminated by a divorce, dissolution of	45645
marriage, or annulment or the natural or adoptive parents of the	45646
student are living separate and apart under a legal separation	45647
decree and the court has issued an order allocating the parental	45648
rights and responsibilities with respect to the student, "parent"	45649
means the residential parent as designated by the court except	45650
that "parent" means either parent when the court issues a shared	45651
parenting decree.	45652

(b) When a court has granted temporary or permanent custody	45653
of the student to an individual or agency other than either of the	45654
natural or adoptive parents of the student, "parent" means the	45655
legal custodian of the child.	45656

(c) When a court has appointed a guardian for the student,	45657
"parent" means the guardian of the student.	45658

(2) "Native student" means a student entitled under section	45659
3313.64 or 3313.65 of the Revised Code to attend school in a	45660
district adopting a resolution under this section.	45661

(3) "Adjacent district" means a city, exempted village, or	45662
local school district having territory that abuts the territory of	45663
a district adopting a resolution under this section.	45664

(4) "Adjacent district student" means a student entitled	45665
under section 3313.64 or 3313.65 of the Revised Code to attend	45666
school in an adjacent district.	45667

(5) "Adjacent district joint vocational student" means an	45668
adjacent district student who enrolls in a city, exempted village,	45669
or local school district pursuant to this section and who also	45670
enrolls in a joint vocational school district that does not	45671
contain the territory of the district for which that student is a	45672
native student and does contain the territory of the city,	45673
exempted village, or local district in which the student enrolls.	45674

(6) "Formula amount" has the same meaning as in section	45675
3317.02 of the Revised Code.	45676

(7) ~~"Adjusted formula amount" means the sum of the formula~~	45677
~~amount plus the per pupil amount of the base funding supplements~~	45678
~~specified in divisions (C)(1) to (4) of section 3317.012 of the~~	45679
~~Revised Code for fiscal year 2009.~~	45680

~~(8)~~ "Poverty line" means the poverty line established by the	45681
director of the United States office of management and budget as	45682
revised by the ~~director~~secretary of ~~the office of community~~	45683
health and human services in accordance with section 673(2) of the	45684
"Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A.	45685
9902, as amended.	45686

~~(9)~~(8) "IEP" has the same meaning as in section 3323.01 of	45687
the Revised Code.	45688

~~(10)~~(9) "Other district" means a city, exempted village, or	45689
local school district having territory outside of the territory of	45690
a district adopting a resolution under this section.	45691

~~(11)~~(10) "Other district student" means a student entitled	45692
under section 3313.64 or 3313.65 of the Revised Code to attend	45693
school in an other district.	45694

~~(12)~~(11) "Other district joint vocational student" means a	45695
student who is enrolled in any city, exempted village, or local	45696
school district and who also enrolls in a joint vocational school	45697
district that does not contain the territory of the district for	45698
which that student is a native student in accordance with a policy	45699
adopted under section 3313.983 of the Revised Code.	45700

(B)(1) The board of education of each city, local, and	45701
exempted village school district shall adopt a resolution	45702
establishing for the school district one of the following	45703
policies:	45704

(a) A policy that entirely prohibits the enrollment of	45705
students from adjacent districts or other districts, other than	45706
students for whom tuition is paid in accordance with section	45707
3317.08 of the Revised Code;	45708

(b) A policy that permits enrollment of students from all	45709
adjacent districts in accordance with policy statements contained	45710
in the resolution;	45711

(c) A policy that permits enrollment of students from all	45712
other districts in accordance with policy statements contained in	45713
the resolution.	45714

(2) A policy permitting enrollment of students from adjacent	45715
or from other districts, as applicable, shall provide for all of	45716
the following:	45717

(a) Application procedures, including deadlines for	45718
application and for notification of students and the	45719
superintendent of the applicable district whenever an adjacent or	45720
other district student's application is approved.	45721

(b) Procedures for admitting adjacent or other district	45722
applicants free of any tuition obligation to the district's	45723
schools, including, but not limited to:	45724

(i) The establishment of district capacity limits by grade	45725
level, school building, and education program;	45726

(ii) A requirement that all native students wishing to be	45727
enrolled in the district will be enrolled and that any adjacent or	45728
other district students previously enrolled in the district shall	45729
receive preference over first-time applicants;	45730

(iii) Procedures to ensure that an appropriate racial balance	45731
is maintained in the district schools.	45732

(C) Except as provided in section 3313.982 of the Revised	45733
Code, the procedures for admitting adjacent or other district	45734
students, as applicable, shall not include:	45735

(1) Any requirement of academic ability, or any level of	45736
athletic, artistic, or other extracurricular skills;	45737

(2) Limitations on admitting applicants because of	45738
disability, except that a board may refuse to admit a student	45739
receiving services under Chapter 3323. of the Revised Code, if the	45740
services described in the student's IEP are not available in the	45741
district's schools;	45742

(3) A requirement that the student be proficient in the	45743
English language;	45744

(4) Rejection of any applicant because the student has been	45745
subject to disciplinary proceedings, except that if an applicant	45746
has been suspended or expelled by the student's district for ten	45747
consecutive days or more in the term for which admission is sought	45748
or in the term immediately preceding the term for which admission	45749
is sought, the procedures may include a provision denying	45750
admission of such applicant.	45751

(D)(1) Each school board permitting only enrollment of	45752
adjacent district students shall provide information about the	45753
policy adopted under this section, including the application	45754
procedures and deadlines, to the superintendent and the board of	45755
education of each adjacent district and, upon request, to the	45756
parent of any adjacent district student.	45757

(2) Each school board permitting enrollment of other district	45758
students shall provide information about the policy adopted under	45759
this section, including the application procedures and deadlines,	45760
upon request, to the board of education of any other school	45761
district or to the parent of any student anywhere in the state.	45762

(E) Any school board shall accept all credits toward	45763
graduation earned in adjacent or other district schools by an	45764
adjacent or other district student or a native student.	45765

(F)(1) No board of education may adopt a policy discouraging	45766
or prohibiting its native students from applying to enroll in the	45767
schools of an adjacent or any other district that has adopted a	45768
policy permitting such enrollment, except that:	45769

(a) A district may object to the enrollment of a native	45770
student in an adjacent or other district in order to maintain an	45771
appropriate racial balance.	45772

(b) The board of education of a district receiving funds	45773
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	45774
may adopt a resolution objecting to the enrollment of its native	45775
students in adjacent or other districts if at least ten per cent	45776
of its students are included in the determination of the United	45777
States secretary of education made under section 20 U.S.C.A.	45778
238(a).	45779

(2) If a board objects to enrollment of native students under	45780
this division, any adjacent or other district shall refuse to	45781
enroll such native students unless tuition is paid for the	45782
students in accordance with section 3317.08 of the Revised Code.	45783
An adjacent or other district enrolling such students may not	45784
receive funding for those students in accordance with section	45785
3313.981 of the Revised Code.	45786

(G) The state board of education shall monitor school	45787
districts to ensure compliance with this section and the	45788
districts' policies. The board may adopt rules requiring uniform	45789
application procedures, deadlines for application, notification	45790
procedures, and record-keeping requirements for all school boards	45791
that adopt policies permitting the enrollment of adjacent or other	45792
district students, as applicable. If the state board adopts such	45793
rules, no school board shall adopt a policy that conflicts with	45794
those rules.	45795

(H) A resolution adopted by a board of education under this	45796
section that entirely prohibits the enrollment of students from	45797
adjacent and from other school districts does not abrogate any	45798
agreement entered into under section 3313.841 or 3313.92 of the	45799
Revised Code or any contract entered into under section 3313.90 of	45800
the Revised Code between the board of education adopting the	45801
resolution and the board of education of any adjacent or other	45802
district or prohibit these boards of education from entering into	45803
any such agreement or contract.	45804

(I) Nothing in this section shall be construed to permit or	45805
require the board of education of a city, exempted village, or	45806
local school district to exclude any native student of the	45807
district from enrolling in the district.	45808

Sec. 3313.981. (A) The state board of education shall adopt	45809
rules requiring all of the following:	45810

(1) The board of education of each city, exempted village,	45811
and local school district to annually report to the department of	45812
education all of the following:	45813

(a) The number of adjacent district or other district	45814
students, as applicable, and adjacent district or other district	45815
joint vocational students, as applicable, enrolled in the district	45816
and the number of native students enrolled in adjacent or other	45817
districts, in accordance with a policy adopted under division (B)	45818
of section 3313.98 of the Revised Code;	45819

(b) Each adjacent district or other district student's or	45820
adjacent district or other district joint vocational student's	45821
date of enrollment in the district;	45822

(c) The full-time equivalent number of adjacent district or	45823
other district students enrolled in ~~vocational~~each of the	45824
categories of career-technical education programs or classes	45825
described in ~~division (A) of~~ section 3317.014 of the Revised Code	45826
~~and the full-time equivalent number of such students enrolled in~~	45827
~~vocational education programs or classes described in division (B)~~	45828
~~of that section~~;	45829

(d) Each native student's date of enrollment in an adjacent	45830
or other district.	45831

(2) The board of education of each joint vocational school	45832
district to annually report to the department all of the	45833
following:	45834

(a) The number of adjacent district or other district joint	45835
vocational students, as applicable, enrolled in the district;	45836

(b) The full-time equivalent number of adjacent district or	45837
other district joint vocational students enrolled in ~~vocational~~	45838
each category of career-technical education programs or classes	45839
described in ~~division (A) of~~ section 3317.014 of the Revised Code	45840
~~and the full-time equivalent number of such students enrolled in~~	45841
~~vocational education programs or classes described in division (B)~~	45842
~~of that section~~;	45843

(c) For each adjacent district or other district joint	45844
vocational student, the city, exempted village, or local school	45845
district in which the student is also enrolled.	45846

(3) Prior to the first full school week in October each year,	45847
the superintendent of each city, local, or exempted village school	45848
district that admits adjacent district or other district students	45849
or adjacent district or other district joint vocational students	45850
in accordance with a policy adopted under division (B) of section	45851
3313.98 of the Revised Code to notify each adjacent or other	45852
district where those students are entitled to attend school under	45853
section 3313.64 or 3313.65 of the Revised Code of the number of	45854
the adjacent or other district's native students who are enrolled	45855
in the superintendent's district under the policy.	45856

The rules shall provide for the method of counting students	45857
who are enrolled for part of a school year in an adjacent or other	45858
district or as an adjacent district or other district joint	45859
vocational student.	45860

(B) From the payments made to a city, exempted village, or	45861
local school district under Chapter 3317. of the Revised Code and,	45862
if necessary, from the payments made to the district under	45863
sections 321.24 and 323.156 of the Revised Code, the department of	45864
education shall annually subtract both of the following:	45865

(1) An amount equal to the number of the district's native	45866
students reported under division (A)(1) of this section who are	45867
enrolled in adjacent or other school districts pursuant to	45868
policies adopted by such districts under division (B) of section	45869
3313.98 of the Revised Code multiplied by the ~~adjusted~~ formula	45870
amount;	45871

(2) The excess costs computed in accordance with division (E)	45872
of this section for any such native students receiving special	45873
education and related services in adjacent or other school	45874
districts or as an adjacent district or other district joint	45875
vocational student;	45876

(3) For the full-time equivalent number the formula amount of	45877
the district's native students reported under division (A)(1)(c)	45878
or (2)(b) of this section as enrolled in ~~vocational~~	45879
career-technical education programs or classes described in	45880
section 3317.014 of the Revised Code, an amount equal to ~~$5,732~~	45881
the formula amount times the applicable multiple prescribed by	45882
that section.	45883

(C) To the payments made to a city, exempted village, or	45884
local school district under Chapter 3317. of the Revised Code, the	45885
department of education shall annually add all of the following:	45886

(1) An amount equal to the ~~adjusted~~ formula amount multiplied	45887
by the remainder obtained by subtracting the number of adjacent	45888
district or other district joint vocational students from the	45889
number of adjacent district or other district students enrolled in	45890
the district, as reported under division (A)(1) of this section;	45891

(2) The excess costs computed in accordance with division (E)	45892
of this section for any adjacent district or other district	45893
students, except for any adjacent or other district joint	45894
vocational students, receiving special education and related	45895
services in the district;	45896

(3) For the full-time equivalent number of the adjacent or	45897
other district students who are not adjacent district or other	45898
district joint vocational students and are reported under division	45899
(A)(1)(c) of this section as enrolled in ~~vocational~~	45900
career-technical education programs or classes described in	45901
section 3317.014 of the Revised Code, an amount equal to ~~$5,732~~	45902
the formula amount times the applicable multiple prescribed by	45903
that section;	45904

(4) An amount equal to the number of adjacent district or	45905
other district joint vocational students reported under division	45906
(A)(1) of this section multiplied by an amount equal to twenty per	45907
cent of the ~~adjusted~~ formula amount.	45908

(D) To the payments made to a joint vocational school	45909
district under Chapter 3317. of the Revised Code, the department	45910
of education shall add, for each adjacent district or other	45911
district joint vocational student reported under division (A)(2)	45912
of this section, both of the following:	45913

(1) The ~~adjusted~~ formula amount;

45914

(2) An amount equal to the full-time equivalent number of	45915
students reported pursuant to division (A)(2)(b) of this section	45916
times ~~$5,732~~the formula amount times the applicable multiple	45917
prescribed by section 3317.014 of the Revised Code.	45918

(E)(1) A city, exempted village, or local school board	45919
providing special education and related services to an adjacent or	45920
other district student in accordance with an IEP shall, pursuant	45921
to rules of the state board, compute the excess costs to educate	45922
such student as follows:	45923

(a) Subtract the ~~adjusted~~ formula amount from the actual	45924
costs to educate the student;	45925

(b) From the amount computed under division (E)(1)(a) of this	45926
section subtract the amount of any funds received by the district	45927
under Chapter 3317. of the Revised Code to provide special	45928
education and related services to the student.	45929

(2) The board shall report the excess costs computed under	45930
this division to the department of education.	45931

(3) If any student for whom excess costs are computed under	45932
division (E)(1) of this section is an adjacent or other district	45933
joint vocational student, the department of education shall add	45934
the amount of such excess costs to the payments made under Chapter	45935
3317. of the Revised Code to the joint vocational school district	45936
enrolling the student.	45937

(F) As provided in division (D)(1)(b) of section 3317.03 of	45938
the Revised Code, no joint vocational school district shall count	45939
any adjacent or other district joint vocational student enrolled	45940
in the district in its formula ADM certified under section 3317.03	45941
of the Revised Code.	45942

(G) No city, exempted village, or local school district shall	45943
receive a payment under division (C) of this section for a	45944
student, and no joint vocational school district shall receive a	45945
payment under division (D) of this section for a student, if for	45946
the same school year that student is counted in the district's	45947
formula ADM certified under section 3317.03 of the Revised Code.	45948

(H) Upon request of a parent, and provided the board offers	45949
transportation to native students of the same grade level and	45950
distance from school under section 3327.01 of the Revised Code, a	45951
city, exempted village, or local school board enrolling an	45952
adjacent or other district student shall provide transportation	45953
for the student within the boundaries of the board's district,	45954
except that the board shall be required to pick up and drop off a	45955
nonhandicapped student only at a regular school bus stop	45956
designated in accordance with the board's transportation policy.	45957
Pursuant to rules of the state board of education, such board may	45958
reimburse the parent from funds received for pupil transportation	45959
under section 3317.0212 of the Revised Code, or other provisions	45960
of law, for the reasonable cost of transportation from the	45961
student's home to the designated school bus stop if the student's	45962
family has an income below the federal poverty line.	45963

Sec. 3314.015. (A) The department of education shall be	45964
responsible for the oversight of any and all sponsors of the	45965
community schools established under this chapter and shall provide	45966
technical assistance to schools and sponsors in their compliance	45967
with applicable laws and the terms of the contracts entered into	45968
under section 3314.03 of the Revised Code and in the development	45969
and start-up activities of those schools. In carrying out its	45970
duties under this section, the department shall do all of the	45971
following:	45972

(1) In providing technical assistance to proposing parties,	45973
governing authorities, and sponsors, conduct training sessions and	45974
distribute informational materials;	45975

(2) Approve entities to be sponsors of community schools;

45976

(3) Monitor and evaluate, as required under section 3314.016	45977
of the Revised Code, the effectiveness of any and all sponsors in	45978
their oversight of the schools with which they have contracted;	45979

(4) By December thirty-first of each year, issue a report to	45980
the governor, the speaker of the house of representatives, the	45981
president of the senate, and the chairpersons of the house and	45982
senate committees principally responsible for education matters	45983
regarding the effectiveness of academic programs, operations, and	45984
legal compliance and of the financial condition of all community	45985
schools established under this chapter and on the performance of	45986
community school sponsors;	45987

(5) From time to time, make legislative recommendations to	45988
the general assembly designed to enhance the operation and	45989
performance of community schools.	45990

(B)(1) Except as provided in sections 3314.021 and 3314.027	45991
of the Revised Code, no entity listed in division (C)(1) of	45992
section 3314.02 of the Revised Code shall enter into a preliminary	45993
agreement under division (C)(2) of section 3314.02 of the Revised	45994
Code until it has received approval from the department of	45995
education to sponsor community schools under this chapter and has	45996
entered into a written agreement with the department regarding the	45997
manner in which the entity will conduct such sponsorship. The	45998
department shall adopt in accordance with Chapter 119. of the	45999
Revised Code rules containing criteria, procedures, and deadlines	46000
for processing applications for such approval, for oversight of	46001
sponsors, for notifying a sponsor of noncompliance with applicable	46002
laws and administrative rules under division (F) of this section,	46003
for revocation of the approval of sponsors under division (C) of	46004
this section, and for entering into written agreements with	46005
sponsors. The rules shall require an entity to submit evidence of	46006
the entity's ability and willingness to comply with the provisions	46007
of division (D) of section 3314.03 of the Revised Code. The rules	46008
also shall require entities approved as sponsors on and after June	46009
30, 2005, to demonstrate a record of financial responsibility and	46010
successful implementation of educational programs. If an entity	46011
seeking approval on or after June 30, 2005, to sponsor community	46012
schools in this state sponsors or operates schools in another	46013
state, at least one of the schools sponsored or operated by the	46014
entity must be comparable to or better than the performance of	46015
Ohio schools in need of continuous improvement under section	46016
3302.03 of the Revised Code, as determined by the department.	46017

Subject to section 3314.016 of the Revised Code, an entity	46018
that sponsors community schools may enter into preliminary	46019
agreements and sponsor up to one hundred schools, provided each	46020
school and the contract for sponsorship meets the requirements of	46021
this chapter.	46022

(2) The state board of education shall determine, pursuant to	46023
criteria specified in rules adopted in accordance with Chapter	46024
119. of the Revised Code, whether the mission proposed to be	46025
specified in the contract of a community school to be sponsored by	46026
a state university board of trustees or the board's designee under	46027
division (C)(1)(e) of section 3314.02 of the Revised Code complies	46028
with the requirements of that division. Such determination of the	46029
state board is final.	46030

(3) The state board of education shall determine, pursuant to	46031
criteria specified in rules adopted in accordance with Chapter	46032
119. of the Revised Code, if any tax-exempt entity under section	46033
501(c)(3) of the Internal Revenue Code that is proposed to be a	46034
sponsor of a community school is an education-oriented entity for	46035
purpose of satisfying the condition prescribed in division	46036
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such	46037
determination of the state board is final.	46038

(C) If at any time the state board of education finds that a	46039
sponsor is not in compliance or is no longer willing to comply	46040
with its contract with any community school or with the	46041
department's rules for sponsorship, the state board or designee	46042
shall conduct a hearing in accordance with Chapter 119. of the	46043
Revised Code on that matter. If after the hearing, the state board	46044
or designee has confirmed the original finding, the department of	46045
education may revoke the sponsor's approval to sponsor community	46046
schools. In that case, the department's office of Ohio school	46047
sponsorship, established under section 3314.029 of the Revised	46048
Code, may assume the sponsorship of any schools with which the	46049
sponsor has contracted until the earlier of the expiration of two	46050
school years or until a new sponsor as described in division	46051
(C)(1) of section 3314.02 of the Revised Code is secured by the	46052
school's governing authority. The office of Ohio school	46053
sponsorship may extend the term of the contract in the case of a	46054
school for which it has assumed sponsorship under this division as	46055
necessary to accommodate the term of the department's	46056
authorization to sponsor the school specified in this division.	46057
Community schools sponsored under this division shall not apply to	46058
the limit on directly authorized community schools under division	46059
(A)(3) of section 3314.029 of the Revised Code. However, nothing	46060
in this division shall preclude a community school affected by	46061
this division from applying for sponsorship under that section.	46062

(D) The decision of the department to disapprove an entity	46063
for sponsorship of a community school or to revoke approval for	46064
such sponsorship under division (C) of this section, may be	46065
appealed by the entity in accordance with section 119.12 of the	46066
Revised Code.	46067

(E) The department shall adopt procedures for use by a	46068
community school governing authority and sponsor when the school	46069
permanently closes and ceases operation, which shall include at	46070
least procedures for data reporting to the department, handling of	46071
student records, distribution of assets in accordance with section	46072
3314.074 of the Revised Code, and other matters related to ceasing	46073
operation of the school.	46074

(F)(1) In lieu of revoking a sponsor's authority to sponsor	46075
community schools under division (C) of this section, if the	46076
department finds that a sponsor is not in compliance with	46077
applicable laws and administrative rules, the department shall	46078
declare in a written notice to the sponsor the specific laws or	46079
rules, or both, for which the sponsor is noncompliant. A sponsor	46080
notified under division (F)(1) of this section shall respond to	46081
the department not later than fourteen days after the notification	46082
with a plan to remedy the conditions for which the sponsor was	46083
found to be noncompliant. Not later than sixty days after	46084
receiving a notification of noncompliance from the department, the	46085
sponsor shall implement the compliance plan. If a sponsor does not	46086
respond to the department or implement a compliance plan by the	46087
deadlines prescribed by division (F)(1) of this section, the	46088
department shall declare in written notice to the school that the	46089
sponsor is in probationary status, and may limit the sponsor's	46090
ability to sponsor additional schools.	46091

(2) A sponsor that has been placed on probationary status	46092
under division (F)(1) of this section may apply to the department	46093
for its probationary status to be lifted. The application for a	46094
sponsor's probationary status to be lifted shall include evidence,	46095
occurring after the initial notification of noncompliance, of the	46096
sponsor's compliance with applicable laws and administrative	46097
rules. Not later than fourteen days after receiving an application	46098
from the sponsor, the department shall decide whether or not to	46099
remove the sponsor's probationary status.	46100

(G) In carrying out its duties under this chapter, the	46101
department shall not impose requirements on community schools or	46102
their sponsors that are not permitted by law or duly adopted	46103
rules.	46104

(H) This section applies to entities that sponsor conversion	46105
community schools and new start-up schools.	46106

Sec. 3314.017. (A) The state board of education shall	46107
prescribe by rules, adopted in accordance with Chapter 119. of the	46108
Revised Code, an academic performance rating and report card	46109
system that satisfies the requirements of this section for	46110
community schools that primarily serve students enrolled in	46111
dropout prevention and recovery programs as described in division	46112
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in	46113
lieu of the system prescribed under sections 3302.03 and 3314.012	46114
of the Revised Code beginning with the 2012-2013 school year. Each	46115
such school shall comply with the testing and reporting	46116
requirements of the system as prescribed by the state board.	46117

(B) Nothing in this section shall at any time relieve a	46118
school from its obligations under the "No Child Left Behind Act of	46119
2001" to make "adequate yearly progress," as both that act and	46120
that term are defined in section 3302.01 of the Revised Code, or a	46121
school's amenability to the provisions of section 3302.04 or	46122
3302.041 of the Revised Code. The department shall continue to	46123
report each school's performance as required by the act and to	46124
enforce applicable sanctions under section 3302.04 or 3302.041 of	46125
the Revised Code.	46126

(C) The rules adopted by the state board shall prescribe the	46127
following performance indicators for the rating and report card	46128
system required by this section:	46129

(1) Graduation rate for each of the following student	46130
cohorts:	46131

(a) The number of students who graduate in four years or less	46132
with a regular high school diploma divided by the number of	46133
students who form the adjusted cohort for the graduating class;	46134

(b) The number of students who graduate in five years with a	46135
regular high school diploma divided by the number of students who	46136
form the adjusted cohort for the four-year graduation rate;	46137

(c) The number of students who graduate in six years with a	46138
regular high school diploma divided by the number of students who	46139
form the adjusted cohort for the four-year graduation rate;	46140

(d) The number of students who graduate in seven years with a	46141
regular high school diploma divided by the number of students who	46142
form the adjusted cohort for the four-year graduation rate;	46143

(e) The number of students who graduate in eight years with a	46144
regular high school diploma divided by the number of students who	46145
form the adjusted cohort for the four-year graduation rate.	46146

(2) The percentage of twelfth-grade students currently	46147
enrolled in the school who have attained the designated passing	46148
score on all of the applicable state high school achievement	46149
assessments required under division (B)(1) or (2) of section	46150
3301.0710 of the Revised Code and other students enrolled in the	46151
school, regardless of grade level, who are within three months of	46152
their twenty-second birthday and have attained the designated	46153
passing score on all of the applicable state high school	46154
achievement assessments by their twenty-second birthday;	46155

(3) Annual measurable objectives as defined in section	46156
3302.01 of the Revised Code;	46157

(4) Growth in student achievement in reading, or mathematics,	46158
or both as measured by separate nationally norm-referenced	46159
assessments that have developed appropriate standards for students	46160
enrolled in dropout prevention and recovery programs, adopted or	46161
approved by the state board.	46162

(D)(1) The state board's rules shall prescribe the expected	46163
performance levels and benchmarks for each of the indicators	46164
prescribed by division (C) of this section based on the data	46165
gathered by the department under division (F) of this section.	46166
Based on a school's level of attainment or nonattainment of the	46167
expected performance levels and benchmarks for each of the	46168
indicators, the department shall rate each school in one of the	46169
following categories:	46170

(a) Exceeds standards;

46171

(b) Meets standards;

46172

46173

(2) The state board's rules shall establish all of the	46174
following:	46175

(a) Not later than June 30, 2013, performance levels and	46176
benchmarks for the indicators described in divisions (C)(1) to (3)	46177
of this section;	46178

(b) Not later than December 31, 2014, both of the following:

46179

(i) Performance levels and benchmarks for the indicator	46180
described in division (C)(4) of this section;	46181

(ii) Standards for awarding a community school described in	46182
division (A)(4)(a) of section 3314.35 of the Revised Code an	46183
overall designation, which shall be calculated as follows:	46184

(I) Thirty per cent of the score shall be based on the	46185
indicators described in division (C)(1) of this section that are	46186
applicable to the school year for which the overall designation is	46187
granted.	46188

(II) Thirty per cent of the score shall be based on the	46189
indicators described in division (C)(4) of this section.	46190

(III) Twenty per cent of the score shall be based on the	46191
indicators described in division (C)(2) of this section.	46192

(IV) Twenty per cent of the score shall be based on the	46193
indicators described in division (C)(3) of this section.	46194

(3) If both of the indicators described in divisions (C)(1)	46195
and (2) of this section improve by ten per cent for two	46196
consecutive years, a school shall be rated asnot less than "meets	46197
standards."	46198

The rating and the relevant performance data for each school	46199
shall be posted on the department's web site, and a copy of the	46200
rating and data shall be provided to the governing authority of	46201
the community school.	46202

(E)(1) For the 2012-2013 school year, the department shall	46203
issue a report card including the following performance measures,	46204
but without a performance rating as described in divisions	46205
(D)(1)(a) to (c) of this section, for each community school	46206
described in division (A)(4)(a) of section 3314.35 of the Revised	46207
Code:	46208

(a) The graduation rates as described in divisions (C)(1)(a)	46209
to (c) of this section;	46210

(b) The percentage of twelfth-grade students and other	46211
students who have attained a designated passing score on high	46212
school achievement assessments as described in division (C)(2) of	46213
this section;	46214

(c) The statewide average for the graduation rates and	46215
assessment passage rates described in divisions (C)(1)(a) to (c)	46216
and (C)(2) of this section;	46217

(d) Annual measurable objectives described in division (C)(3)	46218
of this section.	46219

(2) For the 2013-2014 school year, the department shall issue	46220
a report card including the following performance measures for	46221
each community school described in division (A)(4) of section	46222
3314.35 of the Revised Code:	46223

(a) The graduation rates described in divisions (C)(1)(a) to	46224
(d) of this section, including a performance rating as described	46225
in divisions (D)(1)(a) to (c) of this section;	46226

(b) The percentage of twelfth-grade students and other	46227
students who have attained a designated passing score on high	46228
school achievement assessments as described in division (C)(2) of	46229
this section, including a performance rating as described in	46230
divisions (D)(1)(a) to (c) of this section;	46231

(c) Annual measurable objectives described in division (C)(3)	46232
of this section, including a performance rating as described in	46233
divisions (D)(1)(a) to (c) of this section;	46234

(d) Both of the following without an assigned rating:

46235

(i) Growth in annual student achievement in reading and	46236
mathematics described in division (C)(4) of this section, if	46237
available;	46238

(ii) Student outcome data, including postsecondary credit	46239
earned, nationally recognized career or technical certification,	46240
military enlistment, job placement, and attendance rate.	46241

(3) Beginning with the 2014-2015 school year, and annually	46242
thereafter, the department shall issue a report card for each	46243
community school described in division (A)(4)(a) of section	46244
3314.35 of the Revised Code that includes all of the following	46245
performance measures, including a performance rating for each	46246
measure as described in divisions (D)(1)(a) to (c) of this	46247
section:	46248

(a) The graduation rates as described in division (C)(1) of	46249
this section;	46250

(b) The percentage of twelfth-grade students and other	46251
students who have attained a designated passing score on high	46252
school achievement assessments as described in division (C)(2) of	46253
this section;	46254

(c) Annual measurable objectives described in division (C)(3)	46255
of this section, including a performance rating as described in	46256
divisions (D)(1)(a) to (c) of this section;	46257

(d) Growth in annual student achievement in reading and	46258
mathematics as described in division (C)(4) of this section;	46259

(e) An overall performance designation for the school	46260
calculated under rules adopted under division (D)(2) of this	46261
section.	46262

The department shall also include student outcome data,	46263
including postsecondary credit earned, nationally recognized	46264
career or technical certification, military enlistment, job	46265
placement, attendance rate, and progress on closing achievement	46266
gaps for each school. This information shall not be included in	46267
the calculation of a school's performance rating.	46268

(F) In developing the rating and report card system required	46269
by this section, during the 2012-2013 and 2013-2014 school years,	46270
the department shall gather and analyze data as determined	46271
necessary from each community school described in division	46272
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school	46273
shall cooperate with the department by supplying requested data	46274
and administering required assessments, including sample	46275
assessments for purposes of measuring student achievement growth	46276
as described in division (C)(4) of this section. The department	46277
shall consult with stakeholder groups in performing its duties	46278
under this division.	46279

The department shall also identify one or more states that	46280
have established or are in the process of establishing similar	46281
academic performance rating systems for dropout prevention and	46282
recovery programs and consult with the departments of education of	46283
those states in developing the system required by this section.	46284

(G) Not later than December 31, 2014, the state board shall	46285
review the performance levels and benchmarks for performance	46286
indicators in the report card issued under this section and may	46287
revise them based on the data collected under division (F) of this	46288
section.	46289

Sec. 3314.029. This section establishes the Ohio school	46290
sponsorship program. The department of education shall establish	46291
an office of Ohio school sponsorship to perform the department's	46292
duties prescribed by this section.	46293

(A)(1) Notwithstanding anything to the contrary in this	46294
chapter, but subject to section 3314.20 of the Revised Code, any	46295
person, group of individuals, or entity may apply to the	46296
department for direct authorization to establish a community	46297
school and, upon approval of the application, may establish the	46298
school. Notwithstanding anything to the contrary in this chapter,	46299
the governing authority of an existing community school, upon the	46300
expiration or termination of its contract with the school's	46301
sponsor entered into under section 3314.03 of the Revised Code,	46302
may apply to the department for direct authorization to continue	46303
operating the school and, upon approval of the application, may	46304
continue to operate the school.	46305

Each application submitted to the department shall include	46306
the following:	46307

(a) Evidence that the applicant will be able to comply with	46308
division (C) of this section;	46309

(b) A statement indicating that the applicant agrees to	46310
comply with all applicable provisions of this chapter, including	46311
the requirement to be established as a nonprofit corporation or	46312
public benefit corporation in accordance with division (A)(1) of	46313
section 3314.03 of the Revised Code;	46314

(c) A statement attesting that no unresolved finding of	46315
recovery has been issued by the auditor of state against any	46316
person, group of individuals, or entity that is a party to the	46317
application and that no person who is party to the application has	46318
been a member of the governing authority of any community school	46319
that has permanently closed and against which an unresolved	46320
finding of recovery has been issued by the auditor of state. In	46321
the case of an application submitted by the governing authority of	46322
an existing community school, a person who is party to the	46323
application shall include each individual member of that governing	46324
authority.	46325

(d) A statement that the school will be nonsectarian in its	46326
programs, admission policies, employment practices, and all other	46327
operations, and will not be operated by a sectarian school or	46328
religious institution;	46329

(e) A statement of whether the school is to be created by	46330
converting all or part of an existing public school or educational	46331
service center building or is to be a new start-up school. If it	46332
is a converted public school or service center building, the	46333
statement shall include a specification of any duties or	46334
responsibilities of an employer that the board of education or	46335
service center governing board that operated the school or	46336
building before conversion is delegating to the governing	46337
authority of the community school with respect to all or any	46338
specified group of employees, provided the delegation is not	46339
prohibited by a collective bargaining agreement applicable to such	46340
employees.	46341

(f) A statement that the school's teachers will be licensed	46342
in the manner prescribed by division (A)(10) of section 3314.03 of	46343
the Revised Code;	46344

(g) A statement that the school will comply with all of the	46345
provisions of law enumerated in divisions (A)(11)(d) and (e) of	46346
section 3314.03 of the Revised Code and of division (A)(11)(h) of	46347
that section, if applicable;	46348

(h) A statement that the school's graduation and curriculum	46349
requirements will comply with division (A)(11)(f) of section	46350
3314.03 of the Revised Code;	46351

(i) A description of each of the following:

46352

(i) The school's mission and educational program, the	46353
characteristics of the students the school is expected to attract,	46354
the ages and grade levels of students, and the focus of the	46355
curriculum;	46356

(ii) The school's governing authority, which shall be in	46357
compliance with division (E) of section 3314.02 of the Revised	46358
Code;	46359

(iii) The school's admission and dismissal policies, which	46360
shall be in compliance with divisions (A)(5) and (6) of section	46361
3314.03 of the Revised Code;	46362

(iv) The school's business plan, including a five-year	46363
financial forecast;	46364

(v) In the case of an application to establish a community	46365
school, the applicant's resources and capacity to establish and	46366
operate the school;	46367

(vi) The school's academic goals to be achieved and the	46368
method of measurement that will be used to determine progress	46369
toward those goals, which shall include the statewide achievement	46370
assessments;	46371

(vii) The facilities to be used by the school and their	46372
locations;	46373

(viii) A description of the learning opportunities that will	46374
be offered to students including both classroom-based and	46375
nonclassroom-based learning opportunities that are in compliance	46376
with criteria for student participation established by the	46377
department under division ~~(L)~~(H)(2) of section 3314.08 of the	46378
Revised Code.	46379

(2) Subject to division (A)(3) of this section, the	46380
department shall approve each application, unless, within thirty	46381
days after receipt of the application, the department determines	46382
that the application does not satisfy the requirements of division	46383
(A)(1) of this section and provides the applicant a written	46384
explanation of the reasons for the determination. In that case,	46385
the department shall grant the applicant thirty days to correct	46386
the insufficiencies in the application. If the department	46387
determines that the insufficiencies have been corrected, it shall	46388
approve the application. If the department determines that the	46389
insufficiencies have not been corrected, it shall deny the	46390
application and provide the applicant with a written explanation	46391
of the reasons for the denial. The denial of an application may be	46392
appealed in accordance with section 119.12 of the Revised Code.	46393

(3) For each of five school years, beginning with the school	46394
year that begins in the calendar year in which this section takes	46395
effect, the department may approve up to twenty applications for	46396
community schools to be established or to continue operation under	46397
division (A) of this section; however, of the twenty applications	46398
that may be approved each school year, only up to five may be for	46399
the establishment of new schools.	46400

(4) Notwithstanding division (A)(2) of this section, the	46401
department may deny an application submitted by the governing	46402
authority of an existing community school, if a previous sponsor	46403
of that school did not renew its contract or terminated its	46404
contract with the school entered into under section 3314.03 of the	46405
Revised Code.	46406

(B) The department and the governing authority of each	46407
community school authorized under this section shall enter into a	46408
contract under section 3314.03 of the Revised Code.	46409
Notwithstanding division (A)(13) of that section, the contract	46410
with an existing community school may begin at any time during the	46411
academic year. The length of the initial contract of any community	46412
school under this section may be for any term up to five years.	46413
The contract may be renewed in accordance with division (E) of	46414
that section. The contract may provide for the school's governing	46415
authority to pay a fee for oversight and monitoring of the school	46416
that does not exceed three per cent of the total amount of	46417
payments for operating expenses that the school receives from the	46418
state.	46419

(C) The department may require a community school authorized	46420
under this section to post and file with the superintendent of	46421
public instruction a bond payable to the state or to file with the	46422
state superintendent a guarantee, which shall be used to pay the	46423
state any moneys owed by the community school in the event the	46424
school closes.	46425

(D) Except as otherwise provided in this section, a community	46426
school authorized under this section shall comply with all	46427
applicable provisions of this chapter. The department may take any	46428
action that a sponsor may take under this chapter to enforce the	46429
school's compliance with this division and the terms of the	46430
contract entered into under division (B) of this section.	46431

(E) Not later than December 31, 2012, and annually	46432
thereafter, the department shall issue a report on the program,	46433
including information about the number of community schools	46434
participating in the program and their compliance with the	46435
provisions of this chapter. In its fifth report, the department	46436
shall include a complete evaluation of the program and	46437
recommendations regarding the program's continuation. Each report	46438
shall be provided to the general assembly, in accordance with	46439
section 101.68 of the Revised Code, and to the governor.	46440

Sec. 3314.03. A copy of every contract entered into under	46441
this section shall be filed with the superintendent of public	46442
instruction. The department of education shall make available on	46443
its web site a copy of every approved, executed contract filed	46444
with the superintendent under this section.	46445

(A) Each contract entered into between a sponsor and the	46446
governing authority of a community school shall specify the	46447
following:	46448

(1) That the school shall be established as either of the	46449
following:	46450

(a) A nonprofit corporation established under Chapter 1702.	46451
of the Revised Code, if established prior to April 8, 2003;	46452

(b) A public benefit corporation established under Chapter	46453
1702. of the Revised Code, if established after April 8, 2003.	46454

(2) The education program of the school, including the	46455
school's mission, the characteristics of the students the school	46456
is expected to attract, the ages and grades of students, and the	46457
focus of the curriculum;	46458

(3) The academic goals to be achieved and the method of	46459
measurement that will be used to determine progress toward those	46460
goals, which shall include the statewide achievement assessments;	46461

(4) Performance standards by which the success of the school	46462
will be evaluated by the sponsor;	46463

(5) The admission standards of section 3314.06 of the Revised	46464
Code and, if applicable, section 3314.061 of the Revised Code;	46465

(6)(a) Dismissal procedures;

46466

(b) A requirement that the governing authority adopt an	46467
attendance policy that includes a procedure for automatically	46468
withdrawing a student from the school if the student without a	46469
legitimate excuse fails to participate in one hundred five	46470
consecutive hours of the learning opportunities offered to the	46471
student.	46472

(7) The ways by which the school will achieve racial and	46473
ethnic balance reflective of the community it serves;	46474

(8) Requirements for financial audits by the auditor of	46475
state. The contract shall require financial records of the school	46476
to be maintained in the same manner as are financial records of	46477
school districts, pursuant to rules of the auditor of state.	46478
Audits shall be conducted in accordance with section 117.10 of the	46479
Revised Code.	46480

(9) The facilities to be used and their locations;

46481

(10) Qualifications of teachers, including ~~the following:~~

46482

~~(a) A~~a requirement that the school's classroom teachers be	46483
licensed in accordance with sections 3319.22 to 3319.31 of the	46484
Revised Code, except that a community school may engage	46485
noncertificated persons to teach up to twelve hours per week	46486
pursuant to section 3319.301 of the Revised Code;	46487

~~(b) A requirement that each classroom teacher initially hired~~	46488
~~by the school on or after July 1, 2013, and employed to provide~~	46489
~~instruction in physical education hold a valid license issued~~	46490
~~pursuant to section 3319.22 of the Revised Code for teaching~~	46491
~~physical education~~.	46492

(11) That the school will comply with the following	46493
requirements:	46494

(a) The school will provide learning opportunities to a	46495
minimum of twenty-five students for a minimum of nine hundred	46496
twenty hours per school year.	46497

(b) The governing authority will purchase liability	46498
insurance, or otherwise provide for the potential liability of the	46499
school.	46500

(c) The school will be nonsectarian in its programs,	46501
admission policies, employment practices, and all other	46502
operations, and will not be operated by a sectarian school or	46503
religious institution.	46504

(d) The school will comply with sections 9.90, 9.91, 109.65,	46505
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	46506
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	46507
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	46508
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	46509
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	46510
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,	46511
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	46512
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,	46513
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	46514
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	46515
4123., 4141., and 4167. of the Revised Code as if it were a school	46516
district and will comply with section 3301.0714 of the Revised	46517
Code in the manner specified in section 3314.17 of the Revised	46518
Code.	46519

(e) The school shall comply with Chapter 102. and section	46520
2921.42 of the Revised Code.	46521

(f) The school will comply with sections 3313.61, 3313.611,	46522
and 3313.614 of the Revised Code, except that for students who	46523
enter ninth grade for the first time before July 1, 2010, the	46524
requirement in sections 3313.61 and 3313.611 of the Revised Code	46525
that a person must successfully complete the curriculum in any	46526
high school prior to receiving a high school diploma may be met by	46527
completing the curriculum adopted by the governing authority of	46528
the community school rather than the curriculum specified in Title	46529
XXXIII of the Revised Code or any rules of the state board of	46530
education. Beginning with students who enter ninth grade for the	46531
first time on or after July 1, 2010, the requirement in sections	46532
3313.61 and 3313.611 of the Revised Code that a person must	46533
successfully complete the curriculum of a high school prior to	46534
receiving a high school diploma shall be met by completing the	46535
Ohio core curriculum prescribed in division (C) of section	46536
3313.603 of the Revised Code, unless the person qualifies under	46537
division (D) or (F) of that section. Each school shall comply with	46538
the plan for awarding high school credit based on demonstration of	46539
subject area competency, adopted by the state board of education	46540
under division (J) of section 3313.603 of the Revised Code.	46541

(g) The school governing authority will submit within four	46542
months after the end of each school year a report of its	46543
activities and progress in meeting the goals and standards of	46544
divisions (A)(3) and (4) of this section and its financial status	46545
to the sponsor and the parents of all students enrolled in the	46546
school.	46547

(h) The school, unless it is an internet- or computer-based	46548
community school, will comply with section 3313.801 of the Revised	46549
Code as if it were a school district.	46550

(i) If the school is the recipient of moneys from a grant	46551
awarded under the federal race to the top program, Division (A),	46552
Title XIV, Sections 14005 and 14006 of the "American Recovery and	46553
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	46554
school will pay teachers based upon performance in accordance with	46555
section 3317.141 and will comply with section 3319.111 of the	46556
Revised Code as if it were a school district.	46557

(12) Arrangements for providing health and other benefits to	46558
employees;	46559

(13) The length of the contract, which shall begin at the	46560
beginning of an academic year. No contract shall exceed five years	46561
unless such contract has been renewed pursuant to division (E) of	46562
this section.	46563

(14) The governing authority of the school, which shall be	46564
responsible for carrying out the provisions of the contract;	46565

(15) A financial plan detailing an estimated school budget	46566
for each year of the period of the contract and specifying the	46567
total estimated per pupil expenditure amount for each such year.	46568
~~The plan shall specify for each year the base formula amount that~~	46569
~~will be used for purposes of funding calculations under section~~	46570
~~3314.08 of the Revised Code. This base formula amount for any year~~	46571
~~shall not exceed the formula amount defined under section 3317.02~~	46572
~~of the Revised Code. The plan may also specify for any year a~~	46573
~~percentage figure to be used for reducing the per pupil amount of~~	46574
~~the subsidy calculated pursuant to section 3317.029 of the Revised~~	46575
~~Code the school is to receive that year under section 3314.08 of~~	46576
~~the Revised Code.~~	46577

(16) Requirements and procedures regarding the disposition of	46578
employees of the school in the event the contract is terminated or	46579
not renewed pursuant to section 3314.07 of the Revised Code;	46580

(17) Whether the school is to be created by converting all or	46581
part of an existing public school or educational service center	46582
building or is to be a new start-up school, and if it is a	46583
converted public school or service center building, specification	46584
of any duties or responsibilities of an employer that the board of	46585
education or service center governing board that operated the	46586
school or building before conversion is delegating to the	46587
governing authority of the community school with respect to all or	46588
any specified group of employees provided the delegation is not	46589
prohibited by a collective bargaining agreement applicable to such	46590
employees;	46591

(18) Provisions establishing procedures for resolving	46592
disputes or differences of opinion between the sponsor and the	46593
governing authority of the community school;	46594

(19) A provision requiring the governing authority to adopt a	46595
policy regarding the admission of students who reside outside the	46596
district in which the school is located. That policy shall comply	46597
with the admissions procedures specified in sections 3314.06 and	46598
3314.061 of the Revised Code and, at the sole discretion of the	46599
authority, shall do one of the following:	46600

(a) Prohibit the enrollment of students who reside outside	46601
the district in which the school is located;	46602

(b) Permit the enrollment of students who reside in districts	46603
adjacent to the district in which the school is located;	46604

(c) Permit the enrollment of students who reside in any other	46605
district in the state.	46606

(20) A provision recognizing the authority of the department	46607
of education to take over the sponsorship of the school in	46608
accordance with the provisions of division (C) of section 3314.015	46609
of the Revised Code;	46610

(21) A provision recognizing the sponsor's authority to	46611
assume the operation of a school under the conditions specified in	46612
division (B) of section 3314.073 of the Revised Code;	46613

(22) A provision recognizing both of the following:

46614

(a) The authority of public health and safety officials to	46615
inspect the facilities of the school and to order the facilities	46616
closed if those officials find that the facilities are not in	46617
compliance with health and safety laws and regulations;	46618

(b) The authority of the department of education as the	46619
community school oversight body to suspend the operation of the	46620
school under section 3314.072 of the Revised Code if the	46621
department has evidence of conditions or violations of law at the	46622
school that pose an imminent danger to the health and safety of	46623
the school's students and employees and the sponsor refuses to	46624
take such action.	46625

(23) A description of the learning opportunities that will be	46626
offered to students including both classroom-based and	46627
non-classroom-based learning opportunities that is in compliance	46628
with criteria for student participation established by the	46629
department under division ~~(L)~~(H)(2) of section 3314.08 of the	46630
Revised Code;	46631

(24) The school will comply with sections 3302.04 and	46632
3302.041 of the Revised Code, except that any action required to	46633
be taken by a school district pursuant to those sections shall be	46634
taken by the sponsor of the school. However, the sponsor shall not	46635
be required to take any action described in division (F) of	46636
section 3302.04 of the Revised Code.	46637

(25) Beginning in the 2006-2007 school year, the school will	46638
open for operation not later than the thirtieth day of September	46639
each school year, unless the mission of the school as specified	46640
under division (A)(2) of this section is solely to serve dropouts.	46641
In its initial year of operation, if the school fails to open by	46642
the thirtieth day of September, or within one year after the	46643
adoption of the contract pursuant to division (D) of section	46644
3314.02 of the Revised Code if the mission of the school is solely	46645
to serve dropouts, the contract shall be void.	46646

(B) The community school shall also submit to the sponsor a	46647
comprehensive plan for the school. The plan shall specify the	46648
following:	46649

(1) The process by which the governing authority of the	46650
school will be selected in the future;	46651

(2) The management and administration of the school;

46652

(3) If the community school is a currently existing public	46653
school or educational service center building, alternative	46654
arrangements for current public school students who choose not to	46655
attend the converted school and for teachers who choose not to	46656
teach in the school or building after conversion;	46657

(4) The instructional program and educational philosophy of	46658
the school;	46659

(5) Internal financial controls.

46660

(C) A contract entered into under section 3314.02 of the	46661
Revised Code between a sponsor and the governing authority of a	46662
community school may provide for the community school governing	46663
authority to make payments to the sponsor, which is hereby	46664
authorized to receive such payments as set forth in the contract	46665
between the governing authority and the sponsor. The total amount	46666
of such payments for oversight and monitoring of the school shall	46667
not exceed three per cent of the total amount of payments for	46668
operating expenses that the school receives from the state.	46669

(D) The contract shall specify the duties of the sponsor	46670
which shall be in accordance with the written agreement entered	46671
into with the department of education under division (B) of	46672
section 3314.015 of the Revised Code and shall include the	46673
following:	46674

(1) Monitor the community school's compliance with all laws	46675
applicable to the school and with the terms of the contract;	46676

(2) Monitor and evaluate the academic and fiscal performance	46677
and the organization and operation of the community school on at	46678
least an annual basis;	46679

(3) Report on an annual basis the results of the evaluation	46680
conducted under division (D)(2) of this section to the department	46681
of education and to the parents of students enrolled in the	46682
community school;	46683

(4) Provide technical assistance to the community school in	46684
complying with laws applicable to the school and terms of the	46685
contract;	46686

(5) Take steps to intervene in the school's operation to	46687
correct problems in the school's overall performance, declare the	46688
school to be on probationary status pursuant to section 3314.073	46689
of the Revised Code, suspend the operation of the school pursuant	46690
to section 3314.072 of the Revised Code, or terminate the contract	46691
of the school pursuant to section 3314.07 of the Revised Code as	46692
determined necessary by the sponsor;	46693

(6) Have in place a plan of action to be undertaken in the	46694
event the community school experiences financial difficulties or	46695
closes prior to the end of a school year.	46696

(E) Upon the expiration of a contract entered into under this	46697
section, the sponsor of a community school may, with the approval	46698
of the governing authority of the school, renew that contract for	46699
a period of time determined by the sponsor, but not ending earlier	46700
than the end of any school year, if the sponsor finds that the	46701
school's compliance with applicable laws and terms of the contract	46702
and the school's progress in meeting the academic goals prescribed	46703
in the contract have been satisfactory. Any contract that is	46704
renewed under this division remains subject to the provisions of	46705
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	46706

(F) If a community school fails to open for operation within	46707
one year after the contract entered into under this section is	46708
adopted pursuant to division (D) of section 3314.02 of the Revised	46709
Code or permanently closes prior to the expiration of the	46710
contract, the contract shall be void and the school shall not	46711
enter into a contract with any other sponsor. A school shall not	46712
be considered permanently closed because the operations of the	46713
school have been suspended pursuant to section 3314.072 of the	46714
Revised Code.	46715

Sec. 3314.042. The governing authority of each community	46716
school shall comply with the standards for financial reporting	46717
adopted under division (B)(2) of section 3301.07 of the Revised	46718
Code.	46719

Sec. 3314.05. (A) The contract between the community school	46720
and the sponsor shall specify the facilities to be used for the	46721
community school and the method of acquisition. Except as provided	46722
in divisions (B)(3) and (4) of this section, no community school	46723
shall be established in more than one school district under the	46724
same contract.	46725

(B) Division (B) of this section shall not apply to internet-	46726
or computer-based community schools.	46727

(1) A community school may be located in multiple facilities	46728
under the same contract only if the limitations on availability of	46729
space prohibit serving all the grade levels specified in the	46730
contract in a single facility or division (B)(2), (3), or (4) of	46731
this section applies to the school. The school shall not offer the	46732
same grade level classrooms in more than one facility.	46733

(2) A community school may be located in multiple facilities	46734
under the same contract and, notwithstanding division (B)(1) of	46735
this section, may assign students in the same grade level to	46736
multiple facilities, as long as all of the following apply:	46737

(a) ~~The governing authority of the community school filed a~~	46738
~~copy of its contract with the school's sponsor under section~~	46739
~~3314.03 of the Revised Code with the superintendent of public~~	46740
~~instruction on or before May 15, 2008.~~	46741

~~(b) The school was not open for operation prior to July 1,~~	46742
~~2008.~~	46743

~~(c)~~ The governing authority has entered into and maintains a	46744
contract with an operator of the type described in division	46745
(A)(8)(b) of section 3314.02 of the Revised Code.	46746

~~(d)~~(b) The contract with that operator qualified the school	46747
to be established pursuant to division (A) of former section	46748
3314.016 of the Revised Code.	46749

~~(e)~~(c) The school's rating under section 3302.03 of the	46750
Revised Code does not fall below a combination of any of the	46751
following for two or more consecutive years:	46752

(i) A rating of "in need of continuous improvement" under	46753
section 3302.03 of the Revised Code, as that section existed prior	46754
to ~~the effective date of this section~~March 22, 2013;	46755

(ii) For the 2012-2013 and 2013-2014 school years, a rating	46756
of "C" for both the performance index score under division	46757
(A)(1)(b) or (B)(1)(b) and the value-added dimension under	46758
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	46759
Code; or if the building serves only grades ten through twelve,	46760
the building received a grade of "C" for the performance index	46761
score under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of	46762
the Revised Code;	46763

(iii) For the 2014-2015 school year and for any school year	46764
thereafter, an overall grade of "C" under division (C)(3) of	46765
section 3302.03 of the Revised Code or an overall performance	46766
designation of "meets standards" under division (E)(3)(e) of	46767
section 3314.017 of the Revised Code.	46768

(3) A new start-up community school may be established in two	46769
school districts under the same contract if all of the following	46770
apply:	46771

(a) At least one of the school districts in which the school	46772
is established is a challenged school district;	46773

(b) The school operates not more than one facility in each	46774
school district and, in accordance with division (B)(1) of this	46775
section, the school does not offer the same grade level classrooms	46776
in both facilities; and	46777

(c) Transportation between the two facilities does not	46778
require more than thirty minutes of direct travel time as measured	46779
by school bus.	46780

In the case of a community school to which division (B)(3) of	46781
this section applies, if only one of the school districts in which	46782
the school is established is a challenged school district, that	46783
district shall be considered the school's primary location and the	46784
district in which the school is located for the purposes of	46785
division (A)(19) of section 3314.03 and divisions (C) and (H) of	46786
section 3314.06 of the Revised Code and for all other purposes of	46787
this chapter. If both of the school districts in which the school	46788
is established are challenged school districts, the school's	46789
governing authority shall designate one of those districts to be	46790
considered the school's primary location and the district in which	46791
the school is located for the purposes of those divisions and all	46792
other purposes of this chapter and shall notify the department of	46793
education of that designation.	46794

(4) A community school may be located in multiple facilities	46795
under the same contract and, notwithstanding division (B)(1) of	46796
this section, may assign students in the same grade level to	46797
multiple facilities, as long as both of the following apply:	46798

(a) The facilities are all located in the same county.

46799

(b) Either of the following conditions are satisfied:

46800

(i) The community school is sponsored by a board of education	46801
of a city, local, or exempted village school district having	46802
territory in the same county where the facilities of the community	46803
school are located;	46804

(ii) The community school is managed by an operator.

46805

In the case of a community school to which division (B)(4) of	46806
this section applies and that maintains facilities in more than	46807
one school district, the school's governing authority shall	46808
designate one of those districts to be considered the school's	46809
primary location and the district in which the school is located	46810
for the purposes of division (A)(19) of section 3314.03 and	46811
divisions (C) and (H) of section 3314.06 of the Revised Code and	46812
for all other purposes of this chapter and shall notify the	46813
department of that designation.	46814

(5) Any facility used for a community school shall meet all	46815
health and safety standards established by law for school	46816
buildings.	46817

(C) In the case where a community school is proposed to be	46818
located in a facility owned by a school district or educational	46819
service center, the facility may not be used for such community	46820
school unless the district or service center board owning the	46821
facility enters into an agreement for the community school to	46822
utilize the facility. Use of the facility may be under any terms	46823
and conditions agreed to by the district or service center board	46824
and the school.	46825

(D) Two or more separate community schools may be located in	46826
the same facility.	46827

(E) In the case of a community school that is located in	46828
multiple facilities, beginning July 1, 2012, the department shall	46829
assign a unique identification number to the school and to each	46830
facility maintained by the school. Each number shall be used for	46831
identification purposes only. Nothing in this division shall be	46832
construed to require the department to calculate the amount of	46833
funds paid under this chapter, or to compute any data required for	46834
the report cards issued under section 3314.012 of the Revised	46835
Code, for each facility separately. The department shall make all	46836
such calculations or computations for the school as a whole.	46837

Sec. 3314.06. The governing authority of each community	46838
school established under this chapter shall adopt admission	46839
procedures that specify the following:	46840

(A) That, except as otherwise provided in this section,	46841
admission to the school shall be open to any individual age five	46842
to twenty-two entitled to attend school pursuant to section	46843
3313.64 or 3313.65 of the Revised Code in a school district in the	46844
state.	46845

Additionally, except as otherwise provided in this section,	46846
admission to the school may be open on a tuition basis to any	46847
individual age five to twenty-two who is not a resident of this	46848
state. The school shall not receive state funds under section	46849
3314.08 of the Revised Code for any student who is not a resident	46850
of this state.	46851

An individual younger than five years of age may be admitted	46852
to the school in accordance with division (A)(2) of section	46853
3321.01 of the Revised Code.	46854

(B)(1) That admission to the school may be limited to	46855
students who have attained a specific grade level or are within a	46856
specific age group; to students that meet a definition of	46857
"at-risk," as defined in the contract; to residents of a specific	46858
geographic area within the district, as defined in the contract;	46859
or to separate groups of autistic students and nondisabled	46860
students, as authorized in section 3314.061 of the Revised Code	46861
and as defined in the contract.	46862

(2) For purposes of division (B)(1) of this section,	46863
"at-risk" students may include those students identified as gifted	46864
students under section 3324.03 of the Revised Code.	46865

(C) Whether enrollment is limited to students who reside in	46866
the district in which the school is located or is open to	46867
residents of other districts, as provided in the policy adopted	46868
pursuant to the contract.	46869

(D)(1) That there will be no discrimination in the admission	46870
of students to the school on the basis of race, creed, color,	46871
disability, or sex except that:	46872

(a) The governing authority may do either of the following	46873
for the purpose described in division (G) of this section:	46874

(i) Establish a single-gender school for either sex;

46875

(ii) Establish single-gender schools for each sex under the	46876
same contract, provided substantially equal facilities and	46877
learning opportunities are offered for both boys and girls. Such	46878
facilities and opportunities may be offered for each sex at	46879
separate locations.	46880

(b) The governing authority may establish a school that	46881
simultaneously serves a group of students identified as autistic	46882
and a group of students who are not disabled, as authorized in	46883
section 3314.061 of the Revised Code. However, unless the total	46884
capacity established for the school has been filled, no student	46885
with any disability shall be denied admission on the basis of that	46886
disability.	46887

(2) That upon admission of any student with a disability, the	46888
community school will comply with all federal and state laws	46889
regarding the education of students with disabilities.	46890

(E) That the school may not limit admission to students on	46891
the basis of intellectual ability, measures of achievement or	46892
aptitude, or athletic ability, except that a school may limit its	46893
enrollment to students as described in division (B) of this	46894
section.	46895

(F) That the community school will admit the number of	46896
students that does not exceed the capacity of the school's	46897
programs, classes, grade levels, or facilities.	46898

(G) That the purpose of single-gender schools that are	46899
established shall be to take advantage of the academic benefits	46900
some students realize from single-gender instruction and	46901
facilities and to offer students and parents residing in the	46902
district the option of a single-gender education.	46903

(H) That, except as otherwise provided under division (B) of	46904
this section or section 3314.061 of the Revised Code, if the	46905
number of applicants exceeds the capacity restrictions of division	46906
(F) of this section, students shall be admitted by lot from all	46907
those submitting applications, except preference shall be given to	46908
students attending the school the previous year and to students	46909
who reside in the district in which the school is located.	46910
Preference may be given to siblings of students attending the	46911
school the previous year.	46912

Notwithstanding divisions (A) to (H) of this section, in the	46913
event the racial composition of the enrollment of the community	46914
school is violative of a federal desegregation order, the	46915
community school shall take any and all corrective measures to	46916
comply with the desegregation order.	46917

Sec. 3314.072. The provisions of this section are enacted to	46918
promote the public health, safety, and welfare by establishing	46919
procedures under which the governing authorities of community	46920
schools established under this chapter will be held accountable	46921
for their compliance with the terms of the contracts they enter	46922
into with their school's sponsors and the law relating to the	46923
school's operation. Suspension of the operation of a school	46924
imposed under this section is intended to encourage the governing	46925
authority's compliance with the terms of the school's contract and	46926
the law and is not intended to be an alteration of the terms of	46927
that contract.	46928

(A) If a sponsor of a community school established under this	46929
chapter suspends the operation of that school pursuant to	46930
procedures set forth in this section, the governing authority	46931
shall not operate that school while the suspension is in effect.	46932
Any such suspension shall remain in effect until the sponsor	46933
notifies the governing authority that it is no longer in effect.	46934
The contract of a school of which operation is suspended under	46935
this section also may be subject to termination or nonrenewal	46936
under section 3314.07 of the Revised Code.	46937

(B) If at any time conditions at the school do not comply	46938
with a health and safety standard established by law for school	46939
buildings, the sponsor shall immediately suspend the operation of	46940
the school pursuant to procedures set forth in division (D) of	46941
this section. If the sponsor fails to take action to suspend the	46942
operation of a school to which this division applies, the	46943
department of education may take such action.	46944

(C)(1) For any of the reasons prescribed in division	46945
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	46946
sponsor of a community school established under this chapter may	46947
suspend the operation of the school only if it first issues to the	46948
governing authority notice of the sponsor's intent to suspend the	46949
operation of the contract. Such notice shall explain the reasons	46950
for the sponsor's intent to suspend operation of the contract and	46951
shall provide the school's governing authority with five business	46952
days to submit to the sponsor a proposal to remedy the conditions	46953
cited as reasons for the suspension.	46954

(2) The sponsor shall promptly review any proposed remedy	46955
timely submitted by the governing authority and either approve or	46956
disapprove the remedy. If the sponsor disapproves the remedy	46957
proposed by the governing authority, if the governing authority	46958
fails to submit a proposed remedy in the manner prescribed by the	46959
sponsor, or if the governing authority fails to implement the	46960
remedy as approved by the sponsor, the sponsor may suspend	46961
operation of the school pursuant to procedures set forth in	46962
division (D) of this section.	46963

(D)(1) If division (B) of this section applies or if the	46964
sponsor of a community school established under this chapter	46965
decides to suspend the operation of a school as permitted in	46966
division (C)(2) of this section, the sponsor shall promptly send	46967
written notice to the governing authority stating that the	46968
operation of the school is immediately suspended, and explaining	46969
the specific reasons for the suspension. The notice shall state	46970
that the governing authority has five business days to submit a	46971
proposed remedy to the conditions cited as reasons for the	46972
suspension or face potential contract termination.	46973

(2) Upon receipt of the notice of suspension prescribed under	46974
division (D)(1) of this section, the governing authority shall	46975
immediately notify the employees of the school and the parents of	46976
the students enrolled in the school of the suspension and the	46977
reasons therefore, and shall cease all school operations on the	46978
next business day.	46979

(E) If the sponsor of a community school suspends the	46980
operation of that school pursuant to procedures set forth in this	46981
section, the school's contract with the sponsor under section	46982
3314.03 of the Revised Code shall become void, if the governing	46983
authority of the school fails to provide a proposal to remedy the	46984
conditions cited by the sponsor as reasons for the suspension, to	46985
the satisfaction of the sponsor, by the thirtieth day of September	46986
of the school year immediately following the school year in which	46987
the operation of school was suspended.	46988

Sec. 3314.074. Divisions (A) and (B) of this section apply	46989
only to the extent permitted under Chapter 1702. of the Revised	46990
Code.	46991

(A) If any community school established under this chapter	46992
permanently closes and ceases its operation as a community school,	46993
the assets of that school shall be distributed first to the	46994
retirement funds of employees of the school, employees of the	46995
school, and private creditors who are owed compensation, and then	46996
any remaining funds shall be paid to the department of education	46997
for redistribution to the school districts in which the students	46998
who were enrolled in the school at the time it ceased operation	46999
were entitled to attend school under section 3313.64 or 3313.65 of	47000
the Revised Code. The amount distributed to each school district	47001
shall be proportional to the district's share of the total	47002
enrollment in the community school.	47003

(B) If a community school closes and ceases to operate as a	47004
community school and the school has received computer hardware or	47005
software from the former Ohio SchoolNet commission or the former	47006
eTech Ohio commission, such hardware or software shall be ~~returned~~	47007
turned over to the ~~eTech Ohio commission~~department of education,	47008
~~and the eTech Ohio commission~~which shall redistribute the	47009
hardware and software, to the extent such redistribution is	47010
possible, to school districts in conformance with the provisions	47011
of the programs as they were operated and administered by the	47012
former eTech Ohio commission.	47013

(C) If the assets of the school are insufficient to pay all	47014
persons or entities to whom compensation is owed, the	47015
prioritization of the distribution of the assets to individual	47016
persons or entities within each class of payees may be determined	47017
by decree of a court in accordance with this section and Chapter	47018
1702. of the Revised Code.	47019

Sec. 3314.08. ~~The deductions under division (C) and the~~	47020
~~payments under division (D) of this section for fiscal years 2012~~	47021
~~and 2013 shall be made in accordance with section 3314.088 of the~~	47022
~~Revised Code.~~	47023

(A) As used in this section:

47024

(1) ~~"Base formula amount" means the amount specified as such~~	47025
~~in a community school's financial plan for a school year pursuant~~	47026
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	47027

~~(2) "IEP" has the same meaning as in section 3323.01 of the~~	47028
~~Revised Code.~~	47029

~~(3) "Applicable special education weight" means the multiple~~	47030
~~specified in section 3317.013 of the Revised Code for a disability~~	47031
~~described in that section.~~	47032

~~(4) "Applicable vocational education weight" means:~~

47033

~~(a) For a student enrolled in vocational education programs~~	47034
~~or classes described in division (A) of section 3317.014 of the~~	47035
~~Revised Code, the multiple specified in that division;~~	47036

~~(b) For a student enrolled in vocational education programs~~	47037
~~or classes described in division (B) of section 3317.014 of the~~	47038
~~Revised Code, the multiple specified in that division.~~	47039

~~(5) "Entitled to attend school" means entitled to attend~~	47040
~~school in a district under section 3313.64 or 3313.65 of the~~	47041
~~Revised Code.~~	47042

~~(6) A community school student is "included in the poverty~~	47043
~~student count" of a school district if the student is entitled to~~	47044
~~attend school in the district and the student's family receives~~	47045
~~assistance under the Ohio works first program.~~	47046

~~(7) "Poverty-based assistance reduction factor" means the~~	47047
~~percentage figure, if any, for reducing the per pupil amount of~~	47048
~~poverty-based assistance a community school is entitled to receive~~	47049
~~pursuant to divisions (D)(5) to (9) of this section in any year,~~	47050
~~as specified in the school's financial plan for the year pursuant~~	47051
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	47052

~~(8) "All-day kindergarten" has the same meaning as in section~~	47053
~~3321.05 of the Revised Code.~~	47054

~~(9)~~(a) "Category one career-technical education student"	47055
means a student who is receiving the career-technical education	47056
services described in division (A) of section 3317.014 of the	47057
Revised Code.	47058

(b) "Category two career-technical student" means a student	47059
who is receiving the career-technical education services described	47060
in division (B) of section 3317.014 of the Revised Code.	47061

(c) "Category three career-technical student" means a student	47062
who is receiving the career-technical education services described	47063
in division (C) of section 3317.014 of the Revised Code.	47064

(d) "Category four career-technical student" means a student	47065
who is receiving the career-technical education services described	47066
in division (D) of section 3317.014 of the Revised Code.	47067

(e) "Category five career-technical education student" means	47068
a student who is receiving the career-technical education services	47069
described in division (E) of section 3317.014 of the Revised Code.	47070

(2)(a) "Category one limited English proficient student"	47071
means a limited English proficient student described in division	47072
(A) of section 3317.016 of the Revised Code.	47073

(b) "Category two limited English proficient student" means a	47074
limited English proficient student described in division (B) of	47075
section 3317.016 of the Revised Code.	47076

(c) "Category three limited English proficient student" means	47077
a limited English proficient student described in division (C) of	47078
section 3317.016 of the Revised Code.	47079

(3)(a) "Category one special education student" means a	47080
student who is receiving special education services for a	47081
disability specified in division (A) of section 3317.013 of the	47082
Revised Code.	47083

(b) "Category two special education student" means a student	47084
who is receiving special education services for a disability	47085
specified in division (B) of section 3317.013 of the Revised Code.	47086

(c) "Category three special education student" means a	47087
student who is receiving special education services for a	47088
disability specified in division (C) of section 3317.013 of the	47089
Revised Code.	47090

(d) "Category four special education student" means a student	47091
who is receiving special education services for a disability	47092
specified in division (D) of section 3317.013 of the Revised Code.	47093

(e) "Category five special education student" means a student	47094
who is receiving special education services for a disability	47095
specified in division (E) of section 3317.013 of the Revised Code.	47096

(f) "Category six special education student" means a student	47097
who is receiving special education services for a disability	47098
specified in division (F) of section 3317.013 of the Revised Code.	47099

(4) "Formula amount" has the same meaning as in section	47100
3317.02 of the Revised Code.	47101

(5) "IEP" has the same meaning as in section 3323.01 of the	47102
Revised Code.	47103

(6) "Resident district" means the school district in which a	47104
student is entitled to attend school under section 3313.64 or	47105
3313.65 of the Revised Code.	47106

(7) "State education aid" has the same meaning as in section	47107
5751.20 of the Revised Code.	47108

(B) The state board of education shall adopt rules requiring	47109
both of the following:	47110

(1) The board of education of each city, exempted village,	47111
and local school district to annually report the number of	47112
students entitled to attend school in the district who are	47113
enrolled in ~~grades one~~each grade kindergarten through twelve in a	47114
community school established under this chapter, ~~the number of~~	47115
~~students entitled to attend school in the district who are~~	47116
~~enrolled in kindergarten in a community school, the number of~~	47117
~~those kindergartners who are enrolled in all-day kindergarten in~~	47118
~~their community school,~~ and for each child, the community school	47119
in which the child is enrolled.	47120

(2) The governing authority of each community school	47121
established under this chapter to annually report all of the	47122
following:	47123

(a) The number of students enrolled in grades one through	47124
twelve and the full-time equivalent number of students enrolled in	47125
kindergarten in the school who are not receiving special education	47126
and related services pursuant to an IEP;	47127

(b) The number of enrolled students in grades one through	47128
twelve and the full-time equivalent number of enrolled students in	47129
kindergarten, who are receiving special education and related	47130
services pursuant to an IEP;	47131

(c) The number of students reported under division (B)(2)(b)	47132
of this section receiving special education and related services	47133
pursuant to an IEP for a disability described in each of divisions	47134
(A) to (F) of section 3317.013 of the Revised Code;	47135

(d) The full-time equivalent number of students reported	47136
under divisions (B)(2)(a) and (b) of this section who are enrolled	47137
in ~~vocational~~career-technical education programs or classes	47138
described in each of divisions (A) ~~and (B)~~to (E) of section	47139
3317.014 of the Revised Code that are provided by the community	47140
school;	47141

(e) Twenty per cent of the number of students reported under	47142
divisions (B)(2)(a) and (b) of this section who are not reported	47143
under division (B)(2)(d) of this section but who are enrolled in	47144
~~vocational~~career-technical education programs or classes	47145
described in each of divisions (A) ~~and (B)~~to (E) of section	47146
3317.014 of the Revised Code at a joint vocational school district	47147
~~under a contract between the community school and the joint~~	47148
~~vocational school district and are entitled to attend school in a~~	47149
~~city, local, or exempted village school district whose territory~~	47150
~~is part of the territory of the joint vocational school district~~	47151
or another district in the career-technical planning district to	47152
which the school is assigned;	47153

(f) ~~The number of enrolled preschool children with~~	47154
~~disabilities receiving special education services in a~~	47155
~~state-funded unit;~~	47156

~~(g) The community school's base formula amount;~~

47157

~~(h)~~The number of students reported under divisions (B)(2)(a)	47158
and (b) of this section who are category one to three limited	47159
English proficient students described in each of divisions (A) to	47160
(C) of section 3317.016 of the Revised Code;	47161

(g) The number of students reported under divisions (B)(2)(a)	47162
and (b) who are economically disadvantaged, as defined by the	47163
department. A student shall not be categorically excluded from the	47164
number reported under division (B)(2)(g) of this section based on	47165
anything other than family income.	47166

(h) For each student, the city, exempted village, or local	47167
school district in which the student is entitled to attend school;	47168

~~(i) Any poverty-based assistance reduction factor that~~	47169
~~applies to a school year~~under section 3313.64 or 3313.65 of the	47170
Revised Code.	47171

A school district board and a community school governing	47172
authority shall include in their respective reports under division	47173
(B) of this section any child admitted in accordance with division	47174
(A)(2) of section 3321.01 of the Revised Code.	47175

A governing authority of a community school shall not include	47176
in its report under division (B)(2) of this section any student	47177
for whom tuition is charged under division (F) of this section.	47178

(C) ~~From the state education aid calculated for a city,~~	47179
~~exempted village, or local school district and, if necessary, from~~	47180
~~the payment made to the district under sections 321.24 and 323.156~~	47181
~~of the Revised Code, the department of education shall annually~~	47182
~~subtract the sum of the amounts described in divisions (C)(1) to~~	47183
~~(9) of this section. However, when deducting payments on behalf of~~	47184
~~students enrolled in internet- or computer-based community~~	47185
~~schools, the department shall deduct only those amounts described~~	47186
~~in divisions (C)(1) and (2) of this section. Furthermore, the~~	47187
~~aggregate amount deducted under this division shall not exceed the~~	47188
~~sum of the district's state education aid and its payment under~~	47189
~~sections 321.24 and 323.156 of the Revised Code.~~	47190

~~(1) An amount equal to the sum of the amounts obtained when,~~	47191
~~for each community school where the district's students are~~	47192
~~enrolled, the number of the district's students reported under~~	47193
~~divisions (B)(2)(a), (b), and (e) of this section who are enrolled~~	47194
~~in grades one through twelve, and one-half the number of students~~	47195
~~reported under those divisions who are enrolled in kindergarten,~~	47196
~~in that community school is multiplied by the sum of the base~~	47197
~~formula amount of that community school plus the per pupil amount~~	47198
~~of the base funding supplements specified in divisions (C)(1) to~~	47199
~~(4) of section 3317.012 of the Revised Code.~~	47200

~~(2) The sum of the amounts calculated under divisions~~	47201
~~(C)(2)(a) and (b) of this section:~~	47202

~~(a) For each of the district's students reported under~~	47203
~~division (B)(2)(c) of this section as enrolled in a community~~	47204
~~school in grades one through twelve and receiving special~~	47205
~~education and related services pursuant to an IEP for a disability~~	47206
~~described in section 3317.013 of the Revised Code, the product of~~	47207
~~the applicable special education weight times the community~~	47208
~~school's base formula amount;~~	47209

~~(b) For each of the district's students reported under~~	47210
~~division (B)(2)(c) of this section as enrolled in kindergarten in~~	47211
~~a community school and receiving special education and related~~	47212
~~services pursuant to an IEP for a disability described in section~~	47213
~~3317.013 of the Revised Code, one-half of the amount calculated as~~	47214
~~prescribed in division (C)(2)(a) of this section.~~	47215

~~(3) For each of the district's students reported under~~	47216
~~division (B)(2)(d) of this section for whom payment is made under~~	47217
~~division (D)(4) of this section, the amount of that payment;~~	47218

~~(4) An amount equal to the sum of the amounts obtained when,~~	47219
~~for each community school where the district's students are~~	47220
~~enrolled, the number of the district's students enrolled in that~~	47221
~~community school who are included in the district's poverty~~	47222
~~student count is multiplied by the per pupil amount of~~	47223
~~poverty-based assistance the school district receives that year~~	47224
~~pursuant to division (C) of section 3317.029 of the Revised Code,~~	47225
~~as adjusted by any poverty-based assistance reduction factor of~~	47226
~~that community school. The per pupil amount of that aid for the~~	47227
~~district shall be calculated by the department.~~	47228

~~(5) An amount equal to the sum of the amounts obtained when,~~	47229
~~for each community school where the district's students are~~	47230
~~enrolled, the district's per pupil amount of aid received under~~	47231
~~division (E) of section 3317.029 of the Revised Code, as adjusted~~	47232
~~by any poverty-based assistance reduction factor of the community~~	47233
~~school, is multiplied by the sum of the following:~~	47234

~~(a) The number of the district's students reported under~~	47235
~~division (B)(2)(a) of this section who are enrolled in grades one~~	47236
~~to three in that community school and who are not receiving~~	47237
~~special education and related services pursuant to an IEP;~~	47238

~~(b) One-half of the district's students who are enrolled in~~	47239
~~all-day or any other kindergarten class in that community school~~	47240
~~and who are not receiving special education and related services~~	47241
~~pursuant to an IEP;~~	47242

~~(c) One-half of the district's students who are enrolled in~~	47243
~~all-day kindergarten in that community school and who are not~~	47244
~~receiving special education and related services pursuant to an~~	47245
~~IEP.~~	47246

~~The district's per pupil amount of aid under division (E) of~~	47247
~~section 3317.029 of the Revised Code is the quotient of the amount~~	47248
~~the district received under that division divided by the~~	47249
~~district's kindergarten through third grade ADM, as defined in~~	47250
~~that section.~~	47251

~~(6) An amount equal to the sum of the amounts obtained when,~~	47252
~~for each community school where the district's students are~~	47253
~~enrolled, the district's per pupil amount received under division~~	47254
~~(F) of section 3317.029 of the Revised Code, as adjusted by any~~	47255
~~poverty-based assistance reduction factor of that community~~	47256
~~school, is multiplied by the number of the district's students~~	47257
~~enrolled in the community school who are identified as~~	47258
~~limited-English proficient.~~	47259

~~(7) An amount equal to the sum of the amounts obtained when,~~	47260
~~for each community school where the district's students are~~	47261
~~enrolled, the district's per pupil amount received under division~~	47262
~~(G) of section 3317.029 of the Revised Code, as adjusted by any~~	47263
~~poverty-based assistance reduction factor of that community~~	47264
~~school, is multiplied by the sum of the following:~~	47265

~~(a) The number of the district's students enrolled in grades~~	47266
~~one through twelve in that community school;~~	47267

~~(b) One-half of the number of the district's students~~	47268
~~enrolled in kindergarten in that community school.~~	47269

~~The district's per pupil amount under division (G) of section~~	47270
~~3317.029 of the Revised Code is the district's amount per teacher~~	47271
~~calculated under division (G)(1) or (2) of that section divided by~~	47272
~~17.~~	47273

~~(8) An amount equal to the sum of the amounts obtained when,~~	47274
~~for each community school where the district's students are~~	47275
~~enrolled, the district's per pupil amount received under divisions~~	47276
~~(H) and (I) of section 3317.029 of the Revised Code, as adjusted~~	47277
~~by any poverty-based assistance reduction factor of that community~~	47278
~~school, is multiplied by the sum of the following:~~	47279

~~(a) The number of the district's students enrolled in grades~~	47280
~~one through twelve in that community school;~~	47281

~~(b) One-half of the number of the district's students~~	47282
~~enrolled in kindergarten in that community school.~~	47283

~~The district's per pupil amount under divisions (H) and (I)~~	47284
~~of section 3317.029 of the Revised Code is the amount calculated~~	47285
~~under each division divided by the district's formula ADM, as~~	47286
~~defined in section 3317.02 of the Revised Code.~~	47287

~~(9) An amount equal to the per pupil state parity aid funding~~	47288
~~calculated for the school district under either division (C) or~~	47289
~~(D) of section 3317.0217 of the Revised Code multiplied by the sum~~	47290
~~of the number of students in grades one through twelve, and~~	47291
~~one-half of the number of students in kindergarten, who are~~	47292
~~entitled to attend school in the district and are enrolled in a~~	47293
~~community school as reported under division (B)(1) of this~~	47294
~~section.~~	47295

~~(D) The department shall annually pay to a community school~~	47296
~~established under this chapter the sum of the amounts described in~~	47297
~~divisions (D)(1) to (10) of this section. However, the department~~	47298
~~shall calculate and pay to each internet- or computer-based~~	47299
~~community school only the amounts described in divisions (D)(1) to~~	47300
~~(3) of this section. Furthermore, the sum of the payments to all~~	47301
~~community schools under divisions (D)(1), (2), and (4) to (10) of~~	47302
~~this section for the students entitled to attend school in any~~	47303
~~particular school district shall not exceed the sum of that~~	47304
~~district's state education aid and its payment under sections~~	47305
~~321.24 and 323.156 of the Revised Code. If the sum of the payments~~	47306
~~calculated under those divisions for the students entitled to~~	47307
~~attend school in a particular school district exceeds the sum of~~	47308
~~that district's state education aid and its payment under sections~~	47309
~~321.24 and 323.156 of the Revised Code, the department shall~~	47310
~~calculate and apply a proration factor to the payments to all~~	47311
~~community schools under those divisions for the students entitled~~	47312
~~to attend school in that district.~~	47313

~~(1) An amount equal to the sum of the amounts obtained when~~	47314
~~the number of students enrolled in grades one through twelve, plus~~	47315
~~one-half of the kindergarten students in the school, reported~~	47316
~~under divisions (B)(2)(a), (b), and (e) of this section who are~~	47317
~~not receiving special education and related services pursuant to~~	47318
~~an IEP for a disability described in section 3317.013 of the~~	47319
~~Revised Code is multiplied by the sum of the community school's~~	47320
~~base formula amount plus the per pupil amount of the base funding~~	47321
~~supplements specified in divisions (C)(1) to (4) of section~~	47322
~~3317.012 of the Revised Code.~~	47323

~~(2) The sum of the following amounts:~~

47324

~~(a) For each student reported under division (B)(2)(c) of~~	47325
~~this section as enrolled in the school in grades one through~~	47326
~~twelve and receiving special education and related services~~	47327
~~pursuant to an IEP for a disability described in section 3317.013~~	47328
~~of the Revised Code, the following amount:~~	47329

~~(the school's base formula amount plus~~	47330

~~the per pupil amount of the base funding supplements specified in~~	47331

~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code)~~	47332

~~+ (the applicable special education weight X the~~	47333

~~community school's base formula amount);~~	47334

~~(b) For each student reported under division (B)(2)(c) of~~	47335
~~this section as enrolled in kindergarten and receiving special~~	47336
~~education and related services pursuant to an IEP for a disability~~	47337
~~described in section 3317.013 of the Revised Code, one-half of the~~	47338
~~amount calculated under the formula prescribed in division~~	47339
~~(D)(2)(a) of this section.~~	47340

~~(3) An amount received from federal funds to provide special~~	47341
~~education and related services to students in the community~~	47342
~~school, as determined by the superintendent of public instruction.~~	47343

~~(4) For each student reported under division (B)(2)(d) of~~	47344
~~this section as enrolled in vocational education programs or~~	47345
~~classes that are described in section 3317.014 of the Revised~~	47346
~~Code, are provided by the community school, and are comparable as~~	47347
~~determined by the superintendent of public instruction to school~~	47348
~~district vocational education programs and classes eligible for~~	47349
~~state weighted funding under section 3317.014 of the Revised Code,~~	47350
~~an amount equal to the applicable vocational education weight~~	47351
~~times the community school's base formula amount times the~~	47352
~~percentage of time the student spends in the vocational education~~	47353
~~programs or classes.~~	47354

~~(5) An amount equal to the sum of the amounts obtained when,~~	47355
~~for each school district where the community school's students are~~	47356
~~entitled to attend school, the number of that district's students~~	47357
~~enrolled in the community school who are included in the~~	47358
~~district's poverty student count is multiplied by the per pupil~~	47359
~~amount of poverty-based assistance that school district receives~~	47360
~~that year pursuant to division (C) of section 3317.029 of the~~	47361
~~Revised Code, as adjusted by any poverty-based assistance~~	47362
~~reduction factor of the community school. The per pupil amount of~~	47363
~~aid shall be determined as described in division (C)(4) of this~~	47364
~~section.~~	47365

~~(6) An amount equal to the sum of the amounts obtained when,~~	47366
~~for each school district where the community school's students are~~	47367
~~entitled to attend school, the district's per pupil amount of aid~~	47368
~~received under division (E) of section 3317.029 of the Revised~~	47369
~~Code, as adjusted by any poverty-based assistance reduction factor~~	47370
~~of the community school, is multiplied by the sum of the~~	47371
~~following:~~	47372

~~(a) The number of the district's students reported under~~	47373
~~division (B)(2)(a) of this section who are enrolled in grades one~~	47374
~~to three in that community school and who are not receiving~~	47375
~~special education and related services pursuant to an IEP;~~	47376

~~(b) One-half of the district's students who are enrolled in~~	47377
~~all-day or any other kindergarten class in that community school~~	47378
~~and who are not receiving special education and related services~~	47379
~~pursuant to an IEP;~~	47380

~~(c) One-half of the district's students who are enrolled in~~	47381
~~all-day kindergarten in that community school and who are not~~	47382
~~receiving special education and related services pursuant to an~~	47383
~~IEP.~~	47384

~~The district's per pupil amount of aid under division (E) of~~	47385
~~section 3317.029 of the Revised Code shall be determined as~~	47386
~~described in division (C)(5) of this section.~~	47387

~~(7) An amount equal to the sum of the amounts obtained when,~~	47388
~~for each school district where the community school's students are~~	47389
~~entitled to attend school, the number of that district's students~~	47390
~~enrolled in the community school who are identified as~~	47391
~~limited-English proficient is multiplied by the district's per~~	47392
~~pupil amount received under division (F) of section 3317.029 of~~	47393
~~the Revised Code, as adjusted by any poverty-based assistance~~	47394
~~reduction factor of the community school.~~	47395

~~(8) An amount equal to the sum of the amounts obtained when,~~	47396
~~for each school district where the community school's students are~~	47397
~~entitled to attend school, the district's per pupil amount~~	47398
~~received under division (G) of section 3317.029 of the Revised~~	47399
~~Code, as adjusted by any poverty-based assistance reduction factor~~	47400
~~of the community school, is multiplied by the sum of the~~	47401
~~following:~~	47402

~~(a) The number of the district's students enrolled in grades~~	47403
~~one through twelve in that community school;~~	47404

~~(b) One-half of the number of the district's students~~	47405
~~enrolled in kindergarten in that community school.~~	47406

~~The district's per pupil amount under division (G) of section~~	47407
~~3317.029 of the Revised Code shall be determined as described in~~	47408
~~division (C)(7) of this section.~~	47409

~~(9) An amount equal to the sum of the amounts obtained when,~~	47410
~~for each school district where the community school's students are~~	47411
~~entitled to attend school, the district's per pupil amount~~	47412
~~received under divisions (H) and (I) of section 3317.029 of the~~	47413
~~Revised Code, as adjusted by any poverty-based assistance~~	47414
~~reduction factor of the community school, is multiplied by the sum~~	47415
~~of the following:~~	47416

~~(a) The number of the district's students enrolled in grades~~	47417
~~one through twelve in that community school;~~	47418

~~(b) One-half of the number of the district's students~~	47419
~~enrolled in kindergarten in that community school.~~	47420

~~The district's per pupil amount under divisions (H) and (I)~~	47421
~~of section 3317.029 of the Revised Code shall be determined as~~	47422
~~described in division (C)(8) of this section.~~	47423

~~(10) An amount equal to the sum of the amounts obtained when,~~	47424
~~for each school district where the community school's students are~~	47425
~~entitled to attend school, the district's per pupil amount of~~	47426
~~state parity aid funding calculated under either division (C) or~~	47427
~~(D) of section 3317.0217 of the Revised Code is multiplied by the~~	47428
~~sum of the number of that district's students enrolled in grades~~	47429
~~one through twelve, and one-half of the number of that district's~~	47430
~~students enrolled in kindergarten, in the community school as~~	47431
~~reported under divisions (B)(2)(a) and (b) of this section.~~	47432

~~(E)(1) If a community school's costs for a fiscal year for a~~	47433
~~student receiving special education and related services pursuant~~	47434
~~to an IEP for a disability described in divisions (B) to (F) of~~	47435
~~section 3317.013 of the Revised Code exceed the threshold~~	47436
~~catastrophic cost for serving the student as specified in division~~	47437
~~(C)(3)(b) of section 3317.022 of the Revised Code, the school may~~	47438
~~submit to the superintendent of public instruction documentation,~~	47439
~~as prescribed by the superintendent, of all its costs for that~~	47440
~~student. Upon submission of documentation for a student of the~~	47441
~~type and in the manner prescribed, the department shall pay to the~~	47442
~~community school an amount equal to the school's costs for the~~	47443
~~student in excess of the threshold catastrophic costs.~~	47444

~~(2) The community school shall only report under division~~	47445
~~(E)(1) of this section, and the department shall only pay for, the~~	47446
~~costs of educational expenses and the related services provided to~~	47447
~~the student in accordance with the student's individualized~~	47448
~~education program. Any legal fees, court costs, or other costs~~	47449
~~associated with any cause of action relating to the student may~~	47450
~~not be included in the amount.~~	47451

~~(F) A community school may apply to the department of~~	47452
~~education for preschool children with disabilities unit funding~~	47453
~~the school would receive if it were a school district. Upon~~	47454
~~request of its governing authority, a community school that~~	47455
~~received such unit funding as a school district-operated school~~	47456
~~before it became a community school shall retain any units awarded~~	47457
~~to it as a school district-operated school provided the school~~	47458
~~continues to meet eligibility standards for the unit.~~	47459

~~A community school shall be considered a school district and~~	47460
~~its governing authority shall be considered a board of education~~	47461
~~for the purpose of applying to any state or federal agency for~~	47462
~~grants that a school district may receive under federal or state~~	47463
~~law or any appropriations act of the general assembly. The~~	47464
~~governing authority of a community school may apply to any private~~	47465
~~entity for additional funds.~~	47466

~~(G)~~(1) Except as provided in division (C)(2) of this section,	47467
and subject to divisions (C)(3) and (4) of this section, on a	47468
full-time equivalency basis, for each student enrolled in a	47469
community school established under this chapter, the department of	47470
education annually shall deduct from the state education aid of a	47471
student's resident district and, if necessary, from the payment	47472
made to the district under sections 321.24 and 323.156 of the	47473
Revised Code and pay to the community school the sum of the	47474
following:	47475

(a) An opportunity grant in an amount equal to the formula	47476
amount;	47477

(b) The per pupil amount of targeted assistance funds	47478
calculated under division (A) of section 3317.0217 of the Revised	47479
Code for the student's resident district, as determined by the	47480
department, X 0.25;	47481

(c) Additional state aid for special education and related	47482
services provided under Chapter 3323. of the Revised Code as	47483
follows:	47484

(i) If the student is a category one special education	47485
student, the formula amount X the multiple specified in division	47486
(A) of section 3317.013 of the Revised Code;	47487

(ii) If the student is a category two special education	47488
student, the formula amount X the multiple specified in division	47489
(B) of section 3317.013 of the Revised Code;	47490

(iii) If the student is a category three special education	47491
student, the formula amount X the multiple specified in division	47492
(C) of section 3317.013 of the Revised Code;	47493

(iv) If the student is a category four special education	47494
student, the formula amount X the multiple specified in division	47495
(D) of section 3317.013 of the Revised Code;	47496

(v) If the student is a category five special education	47497
student, the formula amount X the multiple specified in division	47498
(E) of section 3317.013 of the Revised Code;	47499

(vi) If the student is a category six special education	47500
student, the formula amount X the multiple specified in division	47501
(F) of section 3317.013 of the Revised Code.	47502

(d) If the student is in kindergarten through third grade, an	47503
additional amount of $300, in fiscal year 2014, and $303, in	47504
fiscal year 2015;	47505

(e) If the student is economically disadvantaged, an	47506
additional amount equal to the following:	47507

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	47508
(the resident district's economically disadvantaged index)	47509

(f) Limited English proficiency funds as follows:

47510

(i) If the student is a category one limited English	47511
proficient student, the amount specified in division (A) of	47512
section 3317.016 of the Revised Code;	47513

(ii) If the student is a category two limited English	47514
proficient student, the amount specified in division (B) of	47515
section 3317.016 of the Revised Code;	47516

(iii) If the student is a category three limited English	47517
proficient student, the amount specified in division (C) of	47518
section 3317.016 of the Revised Code.	47519

(g) Career-technical education funds as follows:

47520

(i) If the student is a category one career-technical	47521
education student, the formula amount X the multiple specified in	47522
division (A) of section 3317.014 of the Revised Code;	47523

(ii) If the student is a category two career-technical	47524
education student, the formula amount X the multiple specified in	47525
division (B) of section 3317.014 of the Revised Code;	47526

(iii) If the student is a category three career-technical	47527
education student, the formula amount X the multiple specified in	47528
division (C) of section 3317.014 of the Revised Code;	47529

(iv) If the student is a category four career-technical	47530
education student, the formula amount X the multiple specified in	47531
division (D) of section 3317.014 of the Revised Code;	47532

(v) If the student is a category five career-technical	47533
education student, the formula amount X the multiple specified in	47534
division (E) of section 3317.014.	47535

Deduction and payment of funds under division (C)(1)(g) of	47536
this section is subject to approval under section 3317.161 of the	47537
Revised Code.	47538

(2) When deducting from the state education aid of a	47539
student's resident district for students enrolled in an internet-	47540
or computer-based community school and making payments to such	47541
school under this section, the department shall make the	47542
deductions and payments described in only divisions (C)(1)(a),	47543
(c), and (g) of this section.	47544

No deductions or payments shall be made for a student	47545
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	47546
of this section.	47547

(3)(a) If a community school's costs for a fiscal year for a	47548
student receiving special education and related services pursuant	47549
to an IEP for a disability described in divisions (B) to (F) of	47550
section 3317.013 of the Revised Code exceed the threshold	47551
catastrophic cost for serving the student as specified in division	47552
(B) of section 3317.0214 of the Revised Code, the school may	47553
submit to the superintendent of public instruction documentation,	47554
as prescribed by the superintendent, of all its costs for that	47555
student. Upon submission of documentation for a student of the	47556
type and in the manner prescribed, the department shall pay to the	47557
community school an amount equal to the school's costs for the	47558
student in excess of the threshold catastrophic costs.	47559

(b) The community school shall report under division	47560
(C)(3)(a) of this section, and the department shall pay for, only	47561
the costs of educational expenses and the related services	47562
provided to the student in accordance with the student's	47563
individualized education program. Any legal fees, court costs, or	47564
other costs associated with any cause of action relating to the	47565
student may not be included in the amount.	47566

(4) If the sum of the payments computed under division (C)(1)	47567
of this section for the students entitled to attend school in a	47568
particular school district under sections 3313.64 and 3313.65 of	47569
the Revised Code exceeds the sum of that district's state	47570
education aid and its payment under sections 321.24 and 323.156 of	47571
the Revised Code, the department shall calculate and apply a	47572
proration factor to the payments to all community schools under	47573
that division for the students entitled to attend school in that	47574
district.	47575

(D) A board of education sponsoring a community school may	47576
utilize local funds to make enhancement grants to the school or	47577
may agree, either as part of the contract or separately, to	47578
provide any specific services to the community school at no cost	47579
to the school.	47580

~~(H)~~(E) A community school may not levy taxes or issue bonds	47581
secured by tax revenues.	47582

~~(I)~~(F) No community school shall charge tuition for the	47583
enrollment of any student who is a resident of this state. A	47584
community school may charge tuition for the enrollment of any	47585
student who is not a resident of this state.	47586

~~(J)~~(G)(1)(a) A community school may borrow money to pay any	47587
necessary and actual expenses of the school in anticipation of the	47588
receipt of any portion of the payments to be received by the	47589
school pursuant to division ~~(D)~~(C) of this section. The school may	47590
issue notes to evidence such borrowing. The proceeds of the notes	47591
shall be used only for the purposes for which the anticipated	47592
receipts may be lawfully expended by the school.	47593

(b) A school may also borrow money for a term not to exceed	47594
fifteen years for the purpose of acquiring facilities.	47595

(2) Except for any amount guaranteed under section 3318.50 of	47596
the Revised Code, the state is not liable for debt incurred by the	47597
governing authority of a community school.	47598

~~(K) For purposes of determining the number of students for~~	47599
~~which divisions (D)(5) and (6) of this section applies in any~~	47600
~~school year, a community school may submit to the department of~~	47601
~~job and family services, no later than the first day of March, a~~	47602
~~list of the students enrolled in the school. For each student on~~	47603
~~the list, the community school shall indicate the student's name,~~	47604
~~address, and date of birth and the school district where the~~	47605
~~student is entitled to attend school. Upon receipt of a list under~~	47606
~~this division, the department of job and family services shall~~	47607
~~determine, for each school district where one or more students on~~	47608
~~the list is entitled to attend school, the number of students~~	47609
~~residing in that school district who were included in the~~	47610
~~department's report under section 3317.10 of the Revised Code. The~~	47611
~~department shall make this determination on the basis of~~	47612
~~information readily available to it. Upon making this~~	47613
~~determination and no later than ninety days after submission of~~	47614
~~the list by the community school, the department shall report to~~	47615
~~the state department of education the number of students on the~~	47616
~~list who reside in each school district who were included in the~~	47617
~~department's report under section 3317.10 of the Revised Code. In~~	47618
~~complying with this division, the department of job and family~~	47619
~~services shall not report to the state department of education any~~	47620
~~personally identifiable information on any student.~~	47621

~~(L)~~(H) The department of education shall adjust the amounts	47622
subtracted and paid under ~~divisions~~division (C) ~~and (D)~~ of this	47623
section to reflect any enrollment of students in community schools	47624
for less than the equivalent of a full school year. The state	47625
board of education within ninety days after April 8, 2003, shall	47626
adopt in accordance with Chapter 119. of the Revised Code rules	47627
governing the payments to community schools under this section ~~and~~	47628
~~section 3314.13 of the Revised Code~~ including initial payments in	47629
a school year and adjustments and reductions made in subsequent	47630
periodic payments to community schools and corresponding	47631
deductions from school district accounts as provided under	47632
~~divisions~~division (C) ~~and (D)~~ of this section ~~and section 3314.13~~	47633
~~of the Revised Code~~. For purposes of this section ~~and section~~	47634
~~3314.13 of the Revised Code~~:	47635

(1) A student shall be considered enrolled in the community	47636
school for any portion of the school year the student is	47637
participating at a college under Chapter 3365. of the Revised	47638
Code.	47639

(2) A student shall be considered to be enrolled in a	47640
community school for the period of time beginning on the later of	47641
the date on which the school both has received documentation of	47642
the student's enrollment from a parent and the student has	47643
commenced participation in learning opportunities as defined in	47644
the contract with the sponsor, or thirty days prior to the date on	47645
which the student is entered into the education management	47646
information system established under section 3301.0714 of the	47647
Revised Code. For purposes of applying this division and divisions	47648
~~(L)~~(H)(3) and (4) of this section to a community school student,	47649
"learning opportunities" shall be defined in the contract, which	47650
shall describe both classroom-based and non-classroom-based	47651
learning opportunities and shall be in compliance with criteria	47652
and documentation requirements for student participation which	47653
shall be established by the department. Any student's instruction	47654
time in non-classroom-based learning opportunities shall be	47655
certified by an employee of the community school. A student's	47656
enrollment shall be considered to cease on the date on which any	47657
of the following occur:	47658

(a) The community school receives documentation from a parent	47659
terminating enrollment of the student.	47660

(b) The community school is provided documentation of a	47661
student's enrollment in another public or private school.	47662

(c) The community school ceases to offer learning	47663
opportunities to the student pursuant to the terms of the contract	47664
with the sponsor or the operation of any provision of this	47665
chapter.	47666

Except as otherwise specified in this paragraph, beginning in	47667
the 2011-2012 school year, any student who completed the prior	47668
school year in an internet- or computer-based community school	47669
shall be considered to be enrolled in the same school in the	47670
subsequent school year until the student's enrollment has ceased	47671
as specified in division ~~(L)~~(H)(2) of this section. The department	47672
shall continue subtracting and paying amounts for the student	47673
under ~~divisions~~division (C) ~~and (D)~~ of this section without	47674
interruption at the start of the subsequent school year. However,	47675
if the student without a legitimate excuse fails to participate in	47676
the first one hundred five consecutive hours of learning	47677
opportunities offered to the student in that subsequent school	47678
year, the student shall be considered not to have re-enrolled in	47679
the school for that school year and the department shall	47680
recalculate the payments to the school for that school year to	47681
account for the fact that the student is not enrolled.	47682

(3) The department shall determine each community school	47683
student's percentage of full-time equivalency based on the	47684
percentage of learning opportunities offered by the community	47685
school to that student, reported either as number of hours or	47686
number of days, is of the total learning opportunities offered by	47687
the community school to a student who attends for the school's	47688
entire school year. However, no internet- or computer-based	47689
community school shall be credited for any time a student spends	47690
participating in learning opportunities beyond ten hours within	47691
any period of twenty-four consecutive hours. Whether it reports	47692
hours or days of learning opportunities, each community school	47693
shall offer not less than nine hundred twenty hours of learning	47694
opportunities during the school year.	47695

(4) With respect to the calculation of full-time equivalency	47696
under division ~~(L)~~(H)(3) of this section, the department shall	47697
waive the number of hours or days of learning opportunities not	47698
offered to a student because the community school was closed	47699
during the school year due to disease epidemic, hazardous weather	47700
conditions, law enforcement emergencies, inoperability of school	47701
buses or other equipment necessary to the school's operation,	47702
damage to a school building, or other temporary circumstances due	47703
to utility failure rendering the school building unfit for school	47704
use, so long as the school was actually open for instruction with	47705
students in attendance during that school year for not less than	47706
the minimum number of hours required by this chapter. The	47707
department shall treat the school as if it were open for	47708
instruction with students in attendance during the hours or days	47709
waived under this division.	47710

~~(M)~~(I) The department of education shall reduce the amounts	47711
paid under ~~division (D) of~~ this section to reflect payments made	47712
to colleges under division (B) of section 3365.07 of the Revised	47713
Code or through alternative funding agreements entered into under	47714
rules adopted under section 3365.12 of the Revised Code.	47715

~~(N)~~(J)(1) No student shall be considered enrolled in any	47716
internet- or computer-based community school or, if applicable to	47717
the student, in any community school that is required to provide	47718
the student with a computer pursuant to division (C) of section	47719
3314.22 of the Revised Code, unless both of the following	47720
conditions are satisfied:	47721

(a) The student possesses or has been provided with all	47722
required hardware and software materials and all such materials	47723
are operational so that the student is capable of fully	47724
participating in the learning opportunities specified in the	47725
contract between the school and the school's sponsor as required	47726
by division (A)(23) of section 3314.03 of the Revised Code;	47727

(b) The school is in compliance with division (A) of section	47728
3314.22 of the Revised Code, relative to such student.	47729

(2) In accordance with policies adopted jointly by the	47730
superintendent of public instruction and the auditor of state, the	47731
department shall reduce the amounts otherwise payable under	47732
division ~~(D)~~(C) of this section to any community school that	47733
includes in its program the provision of computer hardware and	47734
software materials to any student, if such hardware and software	47735
materials have not been delivered, installed, and activated for	47736
each such student in a timely manner or other educational	47737
materials or services have not been provided according to the	47738
contract between the individual community school and its sponsor.	47739

The superintendent of public instruction and the auditor of	47740
state shall jointly establish a method for auditing any community	47741
school to which this division pertains to ensure compliance with	47742
this section.	47743

The superintendent, auditor of state, and the governor shall	47744
jointly make recommendations to the general assembly for	47745
legislative changes that may be required to assure fiscal and	47746
academic accountability for such schools.	47747

~~(O)~~(K)(1) If the department determines that a review of a	47748
community school's enrollment is necessary, such review shall be	47749
completed and written notice of the findings shall be provided to	47750
the governing authority of the community school and its sponsor	47751
within ninety days of the end of the community school's fiscal	47752
year, unless extended for a period not to exceed thirty additional	47753
days for one of the following reasons:	47754

(a) The department and the community school mutually agree to	47755
the extension.	47756

(b) Delays in data submission caused by either a community	47757
school or its sponsor.	47758

(2) If the review results in a finding that additional	47759
funding is owed to the school, such payment shall be made within	47760
thirty days of the written notice. If the review results in a	47761
finding that the community school owes moneys to the state, the	47762
following procedure shall apply:	47763

(a) Within ten business days of the receipt of the notice of	47764
findings, the community school may appeal the department's	47765
determination to the state board of education or its designee.	47766

(b) The board or its designee shall conduct an informal	47767
hearing on the matter within thirty days of receipt of such an	47768
appeal and shall issue a decision within fifteen days of the	47769
conclusion of the hearing.	47770

(c) If the board has enlisted a designee to conduct the	47771
hearing, the designee shall certify its decision to the board. The	47772
board may accept the decision of the designee or may reject the	47773
decision of the designee and issue its own decision on the matter.	47774

(d) Any decision made by the board under this division is	47775
final.	47776

(3) If it is decided that the community school owes moneys to	47777
the state, the department shall deduct such amount from the	47778
school's future payments in accordance with guidelines issued by	47779
the superintendent of public instruction.	47780

~~(P)~~(L) The department shall not subtract from a school	47781
district's state aid account ~~under division (C) of this section~~	47782
and shall not pay to a community school under division ~~(D)~~(C) of	47783
this section any amount for any of the following:	47784

(1) Any student who has graduated from the twelfth grade of a	47785
public or nonpublic high school;	47786

(2) Any student who is not a resident of the state;

47787

(3) Any student who was enrolled in the community school	47788
during the previous school year when assessments were administered	47789
under section 3301.0711 of the Revised Code but did not take one	47790
or more of the assessments required by that section and was not	47791
excused pursuant to division (C)(1) or (3) of that section, unless	47792
the superintendent of public instruction grants the student a	47793
waiver from the requirement to take the assessment and a parent is	47794
not paying tuition for the student pursuant to section 3314.26 of	47795
the Revised Code. The superintendent may grant a waiver only for	47796
good cause in accordance with rules adopted by the state board of	47797
education.	47798

(4) Any student who has attained the age of twenty-two years,	47799
except for veterans of the armed services whose attendance was	47800
interrupted before completing the recognized twelve-year course of	47801
the public schools by reason of induction or enlistment in the	47802
armed forces and who apply for enrollment in a community school	47803
not later than four years after termination of war or their	47804
honorable discharge. If, however, any such veteran elects to	47805
enroll in special courses organized for veterans for whom tuition	47806
is paid under federal law, or otherwise, the department shall not	47807
subtract from a school district's state aid account ~~under division~~	47808
~~(C) of this section~~ and shall not pay to a community school under	47809
division ~~(D)~~(C) of this section any amount for that veteran.	47810

Sec. 3314.082. A community school shall be considered a	47811
school district and its governing authority shall be considered a	47812
board of education for the purpose of applying to any state or	47813
federal agency for grants that a school district may receive under	47814
federal or state law or any appropriations act of the general	47815
assembly. The governing authority of a community school may apply	47816
to any private entity for additional funds.	47817

Sec. 3314.083. If the department of education pays a joint	47818
vocational school district under division ~~(G)(4)~~(C)(3) of section	47819
3317.16 of the Revised Code for excess costs of providing special	47820
education and related services to a student with a disability who	47821
is enrolled in a community school, as calculated under division	47822
~~(G)(2)~~(C)(1) of that section, the department shall deduct the	47823
amount of that payment from the amount calculated for payment to	47824
the community school under section 3314.08 of the Revised Code.	47825

Sec. 3314.084. (A) As used in this section:

47826

(1) "Formula ADM" has the same meaning as in section 3317.03	47827
of the Revised Code.	47828

(2) "Home" has the same meaning as in section 3313.64 of the	47829
Revised Code.	47830

(3) "School district of residence" has the same meaning as in	47831
section 3323.01 of the Revised Code; however, a community school	47832
established under this chapter is not a "school district of	47833
residence" for purposes of this section.	47834

(B) Notwithstanding anything to the contrary in section	47835
3314.08 or 3317.03 of the Revised Code, all of the following apply	47836
in the case of a child who is enrolled in a community school and	47837
is also living in a home:	47838

(1) For purposes of the report required under division (B)(1)	47839
of section 3314.08 of the Revised Code, the child's school	47840
district of residence, and not the school district in which the	47841
home that the child is living in is located, shall be considered	47842
to be the school district in which the child is entitled to attend	47843
school. That school district of residence, therefore, shall make	47844
the report required under division (B)(1) of section 3314.08 of	47845
the Revised Code with respect to the child.	47846

(2) For purposes of the report required under division (B)(2)	47847
of section 3314.08 of the Revised Code, the community school shall	47848
report the name of the child's school district of residence.	47849

(3) The child's school district of residence shall count the	47850
child in that district's formula ADM.	47851

(4) The school district in which the home that the child is	47852
living in is located shall not count the child in that district's	47853
formula ADM.	47854

(5) The ~~Department~~department of ~~Education~~education shall	47855
deduct the applicable amounts prescribed under division (C) of	47856
section 3314.08 ~~and division (D) of section 3314.13~~ of the Revised	47857
Code from the child's school district of residence and shall not	47858
deduct those amounts from the school district in which the home	47859
that the child is living in is located.	47860

(6) The ~~Department~~department shall make the payments	47861
prescribed in ~~divisions (D) and (E)~~division (C) of section	47862
3314.08 ~~and section 3314.13~~ of the Revised Code, as applicable, to	47863
the community school.	47864

Sec. 3314.086. A community school established under this	47865
chapter, including an internet- or computer-based community	47866
school, may provide career-technical education in the manner	47867
prescribed by section 3313.90 of the Revised Code. The community	47868
school may contract with any public agency, board, or bureau or	47869
with any private individual or firm for the purchase of any	47870
career-technical education or vocational rehabilitation service	47871
for any student enrolled in the community school and may pay for	47872
such services with funds received under section 3314.08 of the	47873
Revised Code.	47874

Sec. 3314.087. (A) As used in this section:

47875

(1) "Career-technical program" means ~~vocational~~	47876
career-technical programs or classes described in division (A) or,	47877
(B), (C), (D), or (E) of section 3317.014 of the Revised Code in	47878
which a student is enrolled.	47879

(2) "Formula ADM," "category one ~~or two vocational~~through	47880
five career-technical education ADM," and "FTE basis" have the	47881
same meanings as in section 3317.02 of the Revised Code.	47882

(3) "Resident school district" means the city, exempted	47883
village, or local school district in which a student is entitled	47884
to attend school under section 3313.64 or 3313.65 of the Revised	47885
Code.	47886

(B) Notwithstanding anything to the contrary in this chapter	47887
or Chapter 3317. of the Revised Code, a student enrolled in a	47888
community school may simultaneously enroll in the career-technical	47889
program operated by the student's resident school district. On an	47890
FTE basis, the student's resident school district shall count the	47891
student in the category one ~~or two vocational~~through five	47892
career-technical education ADM for the proportion of the time the	47893
student is enrolled in the district's career-technical program	47894
and, accordingly, the department of education shall calculate	47895
funds under Chapter 3317. for the district attributable to the	47896
student for the proportion of time the student attends the	47897
career-technical program. The community school shall count the	47898
student in its enrollment report under section 3314.08 of the	47899
Revised Code and shall report to the department the proportion of	47900
time that the student attends classes at the community school. The	47901
department shall pay the community school and deduct from the	47902
student's resident school district the amount computed for the	47903
student under section 3314.08 of the Revised Code in proportion to	47904
the fraction of the time on an FTE basis that the student attends	47905
classes at the community school. "Full-time equivalency" for a	47906
community school student, as defined in division ~~(L)~~(H) of section	47907
3314.08 of the Revised Code, does not apply to the student.	47908

Sec. 3314.09. (A) As used in this section and section	47909
3314.091 of the Revised Code, "native student" means a student	47910
entitled to attend school in the school district under section	47911
3313.64 or 3313.65 of the Revised Code.	47912

(B) Except as provided in section 3314.091 or 3327.02 of the	47913
Revised Code, the board of education of each city, local, and	47914
exempted village school district shall provide transportation to	47915
and from school for its ~~district's~~ native students in accordance	47916
with section 3327.01 of the Revised Code.	47917

Sec. 3314.091. ~~(A)~~A student who attends a community school	47918
that provides or arranges for transporting students pursuant to	47919
this section, or the student's parent or guardian, is not eligible	47920
for the subsidy prescribed by section 3327.02 of the Revised Code.	47921

(A) A school district is not required to provide	47922
transportation for any native student enrolled in a community	47923
school if the district board of education has entered into an	47924
agreement with the community school's governing authority that	47925
designates the community school as responsible for providing or	47926
arranging for the transportation of the district's native students	47927
to and from the community school. For any such agreement to be	47928
effective, it must be certified by the superintendent of public	47929
instruction as having met all of the following requirements:	47930

(1) It is submitted to the department of education by a	47931
deadline which shall be established by the department.	47932

(2) In accordance with divisions (C)(1) and (2) of this	47933
section, it specifies qualifications, such as residing a minimum	47934
distance from the school, for students to have their	47935
transportation provided or arranged.	47936

(3) The transportation provided by the community school is	47937
subject to all provisions of the Revised Code and all rules	47938
adopted under the Revised Code pertaining to pupil transportation.	47939

(4) The sponsor of the community school also has signed the	47940
agreement.	47941

(B)(1) For the school year that begins on July 1, 2007, a	47942
school district is not required to provide transportation for any	47943
native student enrolled in a community school, if the community	47944
school during the previous school year transported the students	47945
enrolled in the school or arranged for the students'	47946
transportation, even if that arrangement consisted of having	47947
parents transport their children to and from the school, but did	47948
not enter into an agreement to transport or arrange for	47949
transportation for those students under division (A) of this	47950
section, and if the governing authority of the community school by	47951
July 15, 2007, submits written notification to the district board	47952
of education stating that the governing authority is accepting	47953
responsibility for providing or arranging for the transportation	47954
of the district's native students to and from the community	47955
school.	47956

(2) ~~For~~Except as provided in division (B)(4) of this	47957
section, for any school year subsequent to the school year that	47958
begins on July 1, 2007, a school district is not required to	47959
provide transportation for any native student enrolled in a	47960
community school if the governing authority of the community	47961
school, by the thirty-first day of January of the previous school	47962
year, submits written notification to the district board of	47963
education stating that the governing authority is accepting	47964
responsibility for providing or arranging for the transportation	47965
of the district's native students to and from the community	47966
school. If the governing authority of the community school has	47967
previously accepted responsibility for providing or arranging for	47968
the transportation of a district's native students to and from the	47969
community school, under division (B)(1) or (2) of this section,	47970
and has since relinquished that responsibility under division	47971
(B)(3) of this section, the governing authority shall not accept	47972
that responsibility again unless the district board consents to	47973
the governing authority's acceptance of that responsibility.	47974

(3) A governing authority's acceptance of responsibility	47975
under division (B)(1) or (2) of this section shall cover an entire	47976
school year, and shall remain in effect for subsequent school	47977
years unless the governing authority submits written notification	47978
to the district board that the governing authority is	47979
relinquishing the responsibility. However, a governing authority	47980
shall not relinquish responsibility for transportation before the	47981
end of a school year, and shall submit the notice relinquishing	47982
responsibility by the thirty-first day of January, in order to	47983
allow the school district reasonable time to prepare	47984
transportation for its native students enrolled in the school.	47985

(4)(a) For any school year that begins on or after July 1,	47986
2014, a school district is not required to provide transportation	47987
for any native student enrolled in a community school scheduled to	47988
open for operation in the current school year, if the governing	47989
authority of the community school, by the fifteenth day of April	47990
of the previous school year, submits written notification to the	47991
district board of education stating that the governing authority	47992
is accepting responsibility for providing or arranging for the	47993
transportation of the district's native students to and from the	47994
community school.	47995

(b) The governing authority of a community school that	47996
accepts responsibility for transporting its students under	47997
division (4)(a) of this section shall comply with divisions (B)(2)	47998
and (3) of this section to renew or relinquish that authority for	47999
subsequent school years.	48000

(C)(1) A community school governing authority that enters	48001
into an agreement under division (A) of this section, or that	48002
accepts responsibility under division (B) of this section, shall	48003
provide or arrange transportation free of any charge for each of	48004
its enrolled students who is required to be transported under	48005
section 3327.01 of the Revised Code or who would otherwise be	48006
transported by the school district under the district's	48007
transportation policy. The governing authority shall report to the	48008
department of education the number of students transported or for	48009
whom transportation is arranged under this section in accordance	48010
with rules adopted by the state board of education.	48011

(2) The governing authority may provide or arrange	48012
transportation for any other enrolled student who is not eligible	48013
for transportation in accordance with division (C)(1) of this	48014
section and may charge a fee for such service up to the actual	48015
cost of the service.	48016

(3) Notwithstanding anything to the contrary in division	48017
(C)(1) or (2) of this section, a community school governing	48018
authority shall provide or arrange transportation free of any	48019
charge for any disabled student enrolled in the school for whom	48020
the student's individualized education program developed under	48021
Chapter 3323. of the Revised Code specifies transportation.	48022

(D)(1) If a school district board and a community school	48023
governing authority elect to enter into an agreement under	48024
division (A) of this section, the department of education shall	48025
make payments to the community school according to the terms of	48026
the agreement for each student actually transported under division	48027
(C)(1) of this section.	48028

If a community school governing authority accepts	48029
transportation responsibility under division (B) of this section,	48030
the department shall make payments to the community school for	48031
each student actually transported or for whom transportation is	48032
arranged by the community school under division (C)(1) of this	48033
section, calculated as follows:	48034

(a) For any fiscal year which the general assembly has	48035
specified that transportation payments to school districts be	48036
based on an across-the-board percentage of the district's payment	48037
for the previous school year, the per pupil payment to the	48038
community school shall be the following quotient:	48039

(i) The total amount calculated for the school district in	48040
which the child is entitled to attend school for student	48041
transportation other than transportation of children with	48042
disabilities; divided by	48043

(ii) The number of students included in the district's	48044
transportation ADM for the current fiscal year, as reported under	48045
division (B)~~(13)~~(19) of section 3317.03 of the Revised Code, plus	48046
the number of students enrolled in the community school not	48047
counted in the district's transportation ADM who are transported	48048
under division (B)(1) or (2) of this section.	48049

(b) For any fiscal year which the general assembly has	48050
specified that the transportation payments to school districts be	48051
calculated in accordance with section 3317.0212 of the Revised	48052
Code and any rules of the state board of education implementing	48053
that section, the payment to the community school shall be the	48054
amount so calculated that otherwise would be paid to the school	48055
district in which the student is entitled to attend school by the	48056
method of transportation the district would have used. The	48057
community school, however, is not required to use the same method	48058
to transport that student.	48059

(c) Divisions (D)(1)(a) and (b) of this section do not apply	48060
to fiscal years 2012 and 2013. Rather, for each of those fiscal	48061
years, the per pupil payment to a community school for	48062
transporting a student shall be the total amount paid under former	48063
section 3306.12 of the Revised Code for fiscal year 2011 to the	48064
school district in which the child is entitled to attend school	48065
divided by that district's "qualifying ridership," as defined in	48066
that section for fiscal year 2011.	48067

As used in this division "entitled to attend school" means	48068
entitled to attend school under section 3313.64 or 3313.65 of the	48069
Revised Code.	48070

(2) The department shall deduct the payment under division	48071
(D)(1) of this section from the state education aid, as defined in	48072
section 3314.08 of the Revised Code, and, if necessary, the	48073
payment under sections 321.14 and 323.156 of the Revised Code,	48074
that is otherwise paid to the school district in which the student	48075
enrolled in the community school is entitled to attend school. The	48076
department shall include the number of the district's native	48077
students for whom payment is made to a community school under	48078
division (D)(1) of this section in the calculation of the	48079
district's transportation payment under section 3317.0212 of the	48080
Revised Code and the operating appropriations act.	48081

(3) A community school shall be paid under division (D)(1) of	48082
this section only for students who are eligible as specified in	48083
section 3327.01 of the Revised Code and division (C)(1) of this	48084
section, and whose transportation to and from school is actually	48085
provided, who actually utilized transportation arranged, or for	48086
whom a payment in lieu of transportation is made by the community	48087
school's governing authority. To qualify for the payments, the	48088
community school shall report to the department, in the form and	48089
manner required by the department, data on the number of students	48090
transported or whose transportation is arranged, the number of	48091
miles traveled, cost to transport, and any other information	48092
requested by the department.	48093

(4) A community school shall use payments received under this	48094
section solely to pay the costs of providing or arranging for the	48095
transportation of students who are eligible as specified in	48096
section 3327.01 of the Revised Code and division (C)(1) of this	48097
section, which may include payments to a parent, guardian, or	48098
other person in charge of a child in lieu of transportation.	48099

(E) Except when arranged through payment to a parent,	48100
guardian, or person in charge of a child, transportation provided	48101
or arranged for by a community school pursuant to an agreement	48102
under this section is subject to all provisions of the Revised	48103
Code, and all rules adopted under the Revised Code, pertaining to	48104
the construction, design, equipment, and operation of school buses	48105
and other vehicles transporting students to and from school. The	48106
drivers and mechanics of the vehicles are subject to all	48107
provisions of the Revised Code, and all rules adopted under the	48108
Revised Code, pertaining to drivers and mechanics of such	48109
vehicles. The community school also shall comply with sections	48110
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	48111
of section 3327.16 of the Revised Code and, subject to division	48112
(C)(1) of this section~~, sections~~and section 3327.01 ~~and 3327.02~~	48113
of the Revised Code, as if it were a school district.	48114

Sec. 3314.092. The governing authority or operator of a	48115
community school established under this chapter shall consult with	48116
each school district board of education that transports students	48117
to the community school under sections 3314.09 and 3327.01 of the	48118
Revised Code prior to making any change in the hours or days in	48119
which the community school is open for instruction.	48120

Sec. 3314.11. (A) The board of education of each city,	48121
exempted village, and local school district monthly shall review	48122
enrollment for students enrolled in community schools established	48123
under this chapter and entitled to attend school in the district	48124
under section 3313.64 or 3313.65 of the Revised Code. For each	48125
student, the district shall verify to the department of education	48126
both of the following:	48127

(1) The community school in which the student is enrolled;

48128

(2) That the student is entitled to attend school in the	48129
district under section 3313.64 or 3313.65 of the Revised Code.	48130

(B) For purposes of its initial reporting of the school	48131
districts its students are entitled to attend, the governing	48132
authority of a community school may adopt a policy that prescribes	48133
the number of documents listed in division (E) of this section	48134
required to verify a student's residency. This policy, if adopted,	48135
shall supersede any policy concerning the number of documents for	48136
initial residency verification adopted by the district the student	48137
is entitled to attend. If a community school does not adopt a	48138
policy under this division, the policy of the school district in	48139
which the student is entitled to attend shall prevail.	48140

(C) In making the determinations under this section, the	48141
school district in which a parent or child resides is the location	48142
the parent or student has established as the primary residence and	48143
where substantial family activity takes place.	48144

(D) If a district's determination under division (A) of this	48145
section of the school district a student is entitled to attend	48146
under section 3313.64 or 3313.65 of the Revised Code differs from	48147
a community school's determination under division (B) of this	48148
section, the community school shall provide the school district	48149
that made the determination under division (A) of this section	48150
with documentation of the student's residency and shall make a	48151
good faith effort to accurately identify the correct residence of	48152
the student.	48153

(E) For purposes of this section, the following documents may	48154
serve as evidence of primary residence:	48155

(1) A deed, mortgage, lease, current home owner's or renter's	48156
insurance declaration page, or current real property tax bill;	48157

(2) A utility bill or receipt of utility installation issued	48158
within ninety days of enrollment;	48159

(3) A paycheck or paystub issued to the parent or student	48160
within ninety days of the date of enrollment that includes the	48161
address of the parent's or student's primary residence;	48162

(4) The most current available bank statement issued to the	48163
parent or student that includes the address of the parent's or	48164
student's primary residence;	48165

(5) Any other official document issued to the parent or	48166
student that includes the address of the parent's or student's	48167
primary residence. The superintendent of public instruction shall	48168
develop guidelines for determining what qualifies as an "official	48169
document" under this division.	48170

(F) When a student loses permanent housing and becomes a	48171
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	48172
child who is such a homeless child or youth changes temporary	48173
living arrangements, the district in which the student is entitled	48174
to attend school shall be determined in accordance with division	48175
(F)(13) of section 3313.64 of the Revised Code and the	48176
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.	48177

(G) In the event of a disagreement as to which school	48178
district a student is entitled to attend, the community school,	48179
after complying with division (D) of this section, but not more	48180
than sixty days after the monthly deadline established by the	48181
department of education for reporting of community school	48182
enrollment, may present the matter to the superintendent of public	48183
instruction. Not later than thirty days after the community school	48184
presents the matter, the state superintendent, or the state	48185
superintendent's designee, shall determine which district the	48186
student is entitled to attend and shall direct any necessary	48187
adjustments to payments and deductions under ~~sections~~section	48188
3314.08 ~~and 3314.13~~ of the Revised Code based on that	48189
determination.	48190

Sec. 3314.26. (A) Each internet- or computer-based community	48191
school shall withdraw from the school any student who, for two	48192
consecutive school years, has failed to participate in the spring	48193
administration of any assessment prescribed under section	48194
3301.0710 or 3301.0712 of the Revised Code for the student's grade	48195
level and was not excused from the assessment pursuant to division	48196
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless	48197
of whether a waiver was granted for the student under division	48198
~~(P)~~(L)(3) of section 3314.08 of the Revised Code. The school shall	48199
report any such student's data verification code, as assigned	48200
pursuant to section 3301.0714 of the Revised Code, to the	48201
department of education. The department shall maintain a list of	48202
all data verification codes reported under this division and	48203
section 3313.6410 of the Revised Code and provide that list to	48204
each internet- or computer-based community school and to each	48205
school to which section 3313.6410 of the Revised Code applies.	48206

(B) No internet- or computer-based community school shall	48207
receive any state funds under this chapter for any enrolled	48208
student whose data verification code appears on the list	48209
maintained by the department under division (A) of this section.	48210

Notwithstanding any provision of the Revised Code to the	48211
contrary, the parent of any such student shall pay tuition to the	48212
internet- or computer-based community school in an amount equal to	48213
the state funds the school otherwise would receive for that	48214
student, as determined by the department. An internet- or	48215
computer-based community school may withdraw any student for whom	48216
the parent does not pay tuition as required by this division.	48217

Sec. 3314.29. (A) Notwithstanding anything in this chapter	48218
to the contrary, an internet- or computer-based community school	48219
may divide into two separate internet- or computer-based community	48220
schools by grade level, if all of the following apply:	48221

(1) The school was in operation on or before the effective	48222
date of this section.	48223

(2) The school offers at least grades one through eight.

48224

(3) The sponsor of the school approves dividing the school	48225
into two separate schools under this section.	48226

(4) The school exercises the option to divide into two	48227
separate schools under this section during either the 2013-2014 or	48228
2014-2015 school year.	48229

(B) No school may exercise the option under this section	48230
after the 2014-2015 school year. However, the authority of a	48231
school that has exercised the option under this section to operate	48232
separately as two schools continues for all subsequent school	48233
years in which the schools are in operation.	48234

(C) An internet- or computer-based community school created	48235
under this section shall not count toward the annual limit on new	48236
internet- or computer-based community schools prescribed by	48237
division (B) of section 3314.013 of the Revised Code.	48238

Sec. 3315.40. The board of education of a city, local,	48239
exempted village, or joint vocational school district or the	48240
governing board of any educational service center may establish an	48241
education foundation fund. Moneys in the fund shall consist of	48242
proceeds paid into the fund under division (B) of section 3313.36	48243
of the Revised Code. In addition, by resolution adopted by a	48244
majority of its members, a city, local, exempted village, or joint	48245
vocational board may annually direct the school district treasurer	48246
to pay into the education foundation fund an amount from the	48247
school district general fund not to exceed one-half of one per	48248
cent of the total appropriations of the school district as	48249
estimated by the board at the time the resolution is adopted or as	48250
set forth in the annual appropriation measure as most recently	48251
amended or supplemented; and any governing board, by resolution	48252
adopted by a majority of its members, may annually direct the	48253
service center treasurer to pay into the education foundation fund	48254
an amount not to exceed one-half of one per cent of the funds	48255
received by the governing board pursuant to an agreement entered	48256
into under section ~~3317.11~~3313.843 or 3313.845 of the Revised	48257
Code.	48258

Income from the investment of moneys in the fund shall be	48259
paid into the fund. A board, by resolution adopted by a majority	48260
of its members, may accept a trust created under section 3315.41	48261
of the Revised Code for the investment of money in the educational	48262
foundation fund and direct the school district or service center	48263
treasurer to pay to the trustee, the initial trust principal	48264
contemplated by the instrument creating the trust. A board that	48265
has accepted a trust created under section 3315.41 of the Revised	48266
Code may do any of the following by resolution adopted by a	48267
majority of its members: direct the school district or service	48268
center treasurer to pay additional amounts to the trust principal,	48269
amend the trust, revoke the trust, or provide for payment of	48270
compensation to the trustee.	48271

Moneys in the fund shall be expended only by resolution	48272
adopted by a majority of the members of the board for operating or	48273
capital costs of any existing or new and innovative program	48274
designed to enhance or promote education within the district or	48275
service center, such as scholarships for students or teachers.	48276

A board of education or governing board may appoint a	48277
committee of administrators to administer the education foundation	48278
fund and to make recommendations for the use of the fund. Members	48279
of the committee shall serve at the discretion of the appointing	48280
board. Members shall receive no compensation, but may be	48281
reimbursed for actual and necessary expenses incurred in the	48282
performance of their official duties.	48283

Sec. 3315.42. Sections 3315.40 and 3315.41 of the Revised	48284
Code do not apply to either of the following:	48285

(A) A school district that has received funds for a project	48286
under Chapter 3318. of the Revised Code, so long as the purchase	48287
price to be paid by the board for the state's interest in the	48288
project has not been paid;	48289

(B) A school district that has an outstanding loan under	48290
section 3313.483 ~~or sections 3317.62 to 3317.64~~ of the Revised	48291
Code.	48292

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	48293
133. or sections 3313.483 to ~~3313.4811~~3313.4810 of the Revised	48294
Code, and subject to the approval of the superintendent of public	48295
instruction, a school district that is in a state of fiscal watch	48296
declared under section 3316.03 of the Revised Code may restructure	48297
or refinance loans obtained or in the process of being obtained	48298
under section 3313.483 of the Revised Code if all of the following	48299
requirements are met:	48300

(1) The operating deficit certified for the school district	48301
for the current or preceding fiscal year under section 3313.483 of	48302
the Revised Code exceeds fifteen per cent of the district's	48303
general revenue fund for the fiscal year preceding the year for	48304
which the certification of the operating deficit is made.	48305

(2) The school district voters have, during the period of the	48306
fiscal watch, approved the levy of a tax under section 718.09,	48307
718.10, 5705.194, 5705.21, 5748.02, or 5748.09 of the Revised Code	48308
that is not a renewal or replacement levy, or a levy under section	48309
5705.199 of the Revised Code, and that will provide new operating	48310
revenue.	48311

(3) The board of education of the school district has adopted	48312
or amended the financial plan required by section 3316.04 of the	48313
Revised Code to reflect the restructured or refinanced loans, and	48314
sets forth the means by which the district will bring projected	48315
operating revenues and expenditures, and projected debt service	48316
obligations, into balance for the life of any such loan.	48317

(B) Subject to the approval of the superintendent of public	48318
instruction, the school district may issue securities to evidence	48319
the restructuring or refinancing authorized by this section. Such	48320
securities may extend the original period for repayment not to	48321
exceed ten years, and may alter the frequency and amount of	48322
repayments, interest or other financing charges, and other terms	48323
or agreements under which the loans were originally contracted,	48324
provided the loans received under sections 3313.483 of the Revised	48325
Code are repaid from funds the district would otherwise receive	48326
under Chapter 3317. of the Revised Code, as required under	48327
division (E)(3) of section 3313.483 of the Revised Code.	48328
Securities issued for the purpose of restructuring or refinancing	48329
under this section shall be repaid in equal payments and at equal	48330
intervals over the term of the debt and are not eligible to be	48331
included in any subsequent proposal to restructure or refinance.	48332

(C) Unless the district is declared to be in a state of	48333
fiscal emergency under division (D) of section 3316.04 of the	48334
Revised Code, a school district shall remain in a state of fiscal	48335
watch for the duration of the repayment period of any loan	48336
restructured or refinanced under this section.	48337

Sec. 3316.06. (A) Within one hundred twenty days after the	48338
first meeting of a school district financial planning and	48339
supervision commission, the commission shall adopt a financial	48340
recovery plan regarding the school district for which the	48341
commission was created. During the formulation of the plan, the	48342
commission shall seek appropriate input from the school district	48343
board and from the community. This plan shall contain the	48344
following:	48345

(1) Actions to be taken to:

48346

(a) Eliminate all fiscal emergency conditions declared to	48347
exist pursuant to division (B) of section 3316.03 of the Revised	48348
Code;	48349

(b) Satisfy any judgments, past-due accounts payable, and all	48350
past-due and payable payroll and fringe benefits;	48351

(c) Eliminate the deficits in all deficit funds, except that	48352
any prior year deficits in the capital and maintenance fund	48353
established pursuant to section 3315.18 of the Revised Code shall	48354
be forgiven;	48355

(d) Restore to special funds any moneys from such funds that	48356
were used for purposes not within the purposes of such funds, or	48357
borrowed from such funds by the purchase of debt obligations of	48358
the school district with the moneys of such funds, or missing from	48359
the special funds and not accounted for, if any;	48360

(e) Balance the budget, avoid future deficits in any funds,	48361
and maintain on a current basis payments of payroll, fringe	48362
benefits, and all accounts;	48363

(f) Avoid any fiscal emergency condition in the future;

48364

(g) Restore the ability of the school district to market	48365
long-term general obligation bonds under provisions of law	48366
applicable to school districts generally.	48367

(2) The management structure that will enable the school	48368
district to take the actions enumerated in division (A)(1) of this	48369
section. The plan shall specify the level of fiscal and management	48370
control that the commission will exercise within the school	48371
district during the period of fiscal emergency, and shall	48372
enumerate respectively, the powers and duties of the commission	48373
and the powers and duties of the school board during that period.	48374
The commission may elect to assume any of the powers and duties of	48375
the school board it considers necessary, including all powers	48376
related to personnel, curriculum, and legal issues in order to	48377
successfully implement the actions described in division (A)(1) of	48378
this section.	48379

(3) The target dates for the commencement, progress upon, and	48380
completion of the actions enumerated in division (A)(1) of this	48381
section and a reasonable period of time expected to be required to	48382
implement the plan. The commission shall prepare a reasonable time	48383
schedule for progress toward and achievement of the requirements	48384
for the plan, and the plan shall be consistent with that time	48385
schedule.	48386

(4) The amount and purpose of any issue of debt obligations	48387
that will be issued, together with assurances that any such debt	48388
obligations that will be issued will not exceed debt limits	48389
supported by appropriate certifications by the fiscal officer of	48390
the school district and the county auditor. Debt obligations	48391
issued pursuant to section 133.301 of the Revised Code shall	48392
include assurances that such debt shall be in an amount not to	48393
exceed the amount certified under division (B) of such section. If	48394
the commission considers it necessary in order to maintain or	48395
improve educational opportunities of pupils in the school	48396
district, the plan may include a proposal to restructure or	48397
refinance outstanding debt obligations incurred by the board under	48398
section 3313.483 of the Revised Code contingent upon the approval,	48399
during the period of the fiscal emergency, by district voters of a	48400
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	48401
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	48402
renewal or replacement levy, or a levy under section 5705.199 of	48403
the Revised Code, and that will provide new operating revenue.	48404
Notwithstanding any provision of Chapter 133. or sections 3313.483	48405
to ~~3313.4811~~3313.4810 of the Revised Code, following the required	48406
approval of the district voters and with the approval of the	48407
commission, the school district may issue securities to evidence	48408
the restructuring or refinancing. Those securities may extend the	48409
original period for repayment, not to exceed ten years, and may	48410
alter the frequency and amount of repayments, interest or other	48411
financing charges, and other terms of agreements under which the	48412
debt originally was contracted, at the discretion of the	48413
commission, provided that any loans received pursuant to section	48414
3313.483 of the Revised Code shall be paid from funds the district	48415
would otherwise receive under Chapter 3317. of the Revised Code,	48416
as required under division (E)(3) of section 3313.483 of the	48417
Revised Code. The securities issued for the purpose of	48418
restructuring or refinancing the debt shall be repaid in equal	48419
payments and at equal intervals over the term of the debt and are	48420
not eligible to be included in any subsequent proposal for the	48421
purpose of restructuring or refinancing debt under this section.	48422

(5) An evaluation of the feasibility of entering into shared	48423
services agreements with other political subdivisions for the	48424
joint exercise of any power, performance of any function, or	48425
rendering of any service, if so authorized by statute.	48426

(B) Any financial recovery plan may be amended subsequent to	48427
its adoption. Each financial recovery plan shall be updated	48428
annually.	48429

(C) Each school district financial planning and supervision	48430
commission shall submit the financial recovery plan it adopts or	48431
updates under this section to the state superintendent of public	48432
instruction for approval immediately following its adoption or	48433
updating. The state superintendent shall evaluate the plan and	48434
either approve or disapprove it within thirty calendar days from	48435
the date of its submission. If the plan is disapproved, the state	48436
superintendent shall recommend modifications that will render it	48437
acceptable. No financial planning and supervision commission shall	48438
implement a financial recovery plan that is adopted or updated on	48439
or after April 10, 2001, unless the state superintendent has	48440
approved it.	48441

Sec. 3317.01. As used in this section, "school district,"	48442
unless otherwise specified, means any city, local, exempted	48443
village, joint vocational, or cooperative education school	48444
district and any educational service center.	48445

This chapter shall be administered by the state board of	48446
education. The superintendent of public instruction shall	48447
calculate the amounts payable to each school district and shall	48448
certify the amounts payable to each eligible district to the	48449
treasurer of the district as provided by this chapter. As soon as	48450
possible after such amounts are calculated, the superintendent	48451
shall certify to the treasurer of each school district the	48452
district's adjusted charge-off increase, as defined in section	48453
5705.211 of the Revised Code. Certification of moneys pursuant to	48454
this section shall include the amounts payable to each school	48455
building, at a frequency determined by the superintendent, for	48456
each subgroup of students, as defined in section 3317.40 of the	48457
Revised Code, receiving services, provided for by state funding,	48458
from the district or school. No moneys shall be distributed	48459
pursuant to this chapter without the approval of the controlling	48460
board.	48461

The state board of education shall, in accordance with	48462
appropriations made by the general assembly, meet the financial	48463
obligations of this chapter.	48464

Moneys distributed pursuant to this chapter shall be	48465
calculated based on the annualized average of the monthly	48466
certifications required under section 3317.03 of the Revised Code	48467
and paid on a fiscal year basis, beginning with the first day of	48468
July and extending through the thirtieth day of June. The moneys	48469
appropriated for each fiscal year shall be distributed	48470
periodically to each school district unless otherwise provided	48471
for. The state board, in June of each year, shall submit to the	48472
controlling board the state board's year-end distributions	48473
pursuant to this chapter.	48474

Except as otherwise provided, payments under this chapter	48475
shall be made only to those school districts in which:	48476

(A) The school district, except for any educational service	48477
center and any joint vocational or cooperative education school	48478
district, levies for current operating expenses at least twenty	48479
mills. Levies for joint vocational or cooperative education school	48480
districts or county school financing districts, limited to or to	48481
the extent apportioned to current expenses, shall be included in	48482
this qualification requirement. School district income tax levies	48483
under Chapter 5748. of the Revised Code, limited to or to the	48484
extent apportioned to current operating expenses, shall be	48485
included in this qualification requirement to the extent	48486
determined by the tax commissioner under division (D) of section	48487
3317.021 of the Revised Code.	48488

(B) The school year next preceding the fiscal year for which	48489
such payments are authorized meets the requirement of section	48490
3313.48 ~~or 3313.481~~ of the Revised Code, with regard to the	48491
minimum number of ~~days or~~ hours school must be open for	48492
instruction with pupils in attendance, for individualized	48493
parent-teacher conference and reporting periods, and for	48494
professional meetings of teachers. ~~This requirement shall be~~	48495
~~waived by the superintendent of public instruction if it had been~~	48496
~~necessary for a school to be closed because of disease epidemic,~~	48497
~~hazardous weather conditions, law enforcement emergencies,~~	48498
~~inoperability of school buses or other equipment necessary to the~~	48499
~~school's operation, damage to a school building, or other~~	48500
~~temporary circumstances due to utility failure rendering the~~	48501
~~school building unfit for school use, provided that for those~~	48502
~~school districts operating pursuant to section 3313.48 of the~~	48503
~~Revised Code the number of days the school was actually open for~~	48504
~~instruction with pupils in attendance and for individualized~~	48505
~~parent-teacher conference and reporting periods is not less than~~	48506
~~one hundred seventy-five, or for those school districts operating~~	48507
~~on a trimester plan the number of days the school was actually~~	48508
~~open for instruction with pupils in attendance not less than~~	48509
~~seventy-nine days in any trimester, for those school districts~~	48510
~~operating on a quarterly plan the number of days the school was~~	48511
~~actually open for instruction with pupils in attendance not less~~	48512
~~than fifty-nine days in any quarter, or for those school districts~~	48513
~~operating on a pentamester plan the number of days the school was~~	48514
~~actually open for instruction with pupils in attendance not less~~	48515
~~than forty-four days in any pentamester.~~	48516

A school district shall not be considered to have failed to	48517
comply with this division ~~or section 3313.481 of the Revised Code~~	48518
because schools were open for instruction but either twelfth grade	48519
students were excused from attendance for up to the equivalent of	48520
three school days or only a portion of the kindergarten students	48521
were in attendance for up to the equivalent of three school days	48522
in order to allow for the gradual orientation to school of such	48523
students.	48524

~~The superintendent of public instruction shall waive the~~	48525
~~requirements of this section with reference to the minimum number~~	48526
~~of days or hours school must be in session with pupils in~~	48527
~~attendance for the school year succeeding the school year in which~~	48528
~~a board of education initiates a plan of operation pursuant to~~	48529
~~section 3313.481 of the Revised Code. The minimum requirements of~~	48530
~~this section shall again be applicable to such a district~~	48531
~~beginning with the school year commencing the second July~~	48532
~~succeeding the initiation of one such plan, and for each school~~	48533
~~year thereafter.~~	48534

~~A school district shall not be considered to have failed to~~	48535
~~comply with this division or section 3313.48 or 3313.481 of the~~	48536
~~Revised Code because schools were open for instruction but the~~	48537
~~length of the regularly scheduled school day, for any number of~~	48538
~~days during the school year, was reduced by not more than two~~	48539
~~hours due to hazardous weather conditions.~~	48540

A board of education or governing board of an educational	48541
service center which has not conformed with other law and the	48542
rules pursuant thereto, shall not participate in the distribution	48543
of funds authorized by this chapter, except for good and	48544
sufficient reason established to the satisfaction of the state	48545
board of education and the state controlling board.	48546

All funds allocated to school districts under this chapter,	48547
except those specifically allocated for other purposes, shall be	48548
used to pay current operating expenses only.	48549

Sec. 3317.013. ~~Except for a preschool child with a~~	48550
~~disability for whom a scholarship has been awarded under section~~	48551
~~3310.41 of the Revised Code, this section does not apply to~~	48552
~~preschool children with disabilities.~~	48553

~~Analysis of special education cost data has resulted in a~~	48554
~~finding that the average special education additional cost per~~	48555
~~pupil, including the costs of related services, can be expressed~~	48556
~~as a multiple of the formula amount.~~ The multiples for the	48557
following categories of special education programs, as these	48558
programs are defined for purposes of Chapter 3323. of the Revised	48559
Code, and adjusted as provided in this section, are as follows:	48560

(A) A multiple of 0.2906 for students whose primary or only	48561
identified disability is a speech and language disability, as this	48562
term is defined pursuant to Chapter 3323. of the Revised Code;	48563

(B) A multiple of 0.7374 for students identified as specific	48564
learning disabled or developmentally disabled, as these terms are	48565
defined pursuant to Chapter 3323. of the Revised Code, or	48566
identified as having an other health impairment-minor, or	48567
identified as a preschool child who is developmentally delayed;	48568

(C) A multiple of 1.7716 for students identified as hearing	48569
disabled or severe behavior disabled, as these terms are defined	48570
pursuant to Chapter 3323. of the Revised Code;	48571

(D) A multiple of 2.3643 for students identified as vision	48572
impaired, as this term is defined pursuant to Chapter 3323. of the	48573
Revised Code, or as having an other health impairment-major;	48574

(E) A multiple of 3.2022 for students identified as	48575
orthopedically disabled or as having multiple disabilities, as	48576
these terms are defined pursuant to Chapter 3323. of the Revised	48577
Code;	48578

(F) A multiple of 4.7205 for students identified as autistic,	48579
having traumatic brain injuries, or as both visually and hearing	48580
impaired, as these terms are defined pursuant to Chapter 3323. of	48581
the Revised Code.	48582

~~In fiscal years 2008, 2009, 2010, 2011, 2012, and 2013, the~~	48583
The multiples specified in divisions (A) to (F) of this section	48584
shall be adjusted by multiplying them by 0.90.	48585

Sec. 3317.014. The career-technical education additional	48586
cost per pupil for each student enrolled in career-technical	48587
education programs approved by the department of education in	48588
accordance with rules adopted under section 3313.90 of the Revised	48589
Code can be expressed as a multiple of the formula amount. The	48590
multiples for the following categories of career-technical	48591
education programs are as follows:	48592

(A) A multiple of 0.76 for each student enrolled in	48593
career-technical education workforce development programs in	48594
environmental and agricultural systems, construction technologies,	48595
engineering and science technologies, finance, health science,	48596
information technology, and manufacturing technologies;	48597

(B) A multiple of 0.68 for each student enrolled in workforce	48598
development programs in business and administration, hospitality	48599
and tourism, human services, law and public safety, and	48600
transportation systems;	48601

(C) A multiple of 0.43 for students enrolled in workforce	48602
development career-based intervention programs;	48603

(D) A multiple of 0.31 for students enrolled in workforce	48604
development programs in arts and communications, education and	48605
training, marketing, workforce development academics, and career	48606
development;	48607

(E) A multiple of 0.24 for students enrolled in family and	48608
consumer science programs.	48609

Career-technical education associated services costs can be	48610
expressed as a multiple of 0.05 of the formula amount.	48611

Sec. 3317.016. The amounts for limited English proficient	48612
students shall be as follows:	48613

(A) An amount of $1,500, in fiscal year 2014, and $1,515, in	48614
fiscal year 2015, for each student who has been enrolled in	48615
schools in the United States for 180 school days or less and was	48616
not previously exempted from taking the spring administration of	48617
either of the state's English language arts assessments prescribed	48618
by section 3301.0710 of the Revised Code (reading or writing).	48619

(B) An amount of $1,125, in fiscal year 2014, and $1,136, in	48620
fiscal year 2015, for each student who has been enrolled in	48621
schools in the United States for more than 180 school days or was	48622
previously exempted from taking the spring administration of	48623
either of the state's English language arts assessments prescribed	48624
by section 3301.0710 of the Revised Code (reading or writing).	48625

(C) An amount of $750, in fiscal year 2014, and $758, in	48626
fiscal year 2015, for each student who does not qualify for	48627
inclusion under division (A) or (B) of this section and is in a	48628
trial-mainstream period, as defined by the department.	48629

Sec. 3317.017. The department of education shall compute a	48630
school district's state share index as follows:	48631

(A) Calculate the district's valuation index, which equals	48632
the following quotient:	48633

(The district's three-year average valuation / the district's	48634
total ADM) / (the statewide three-year average valuation for	48635
school districts with a total ADM greater than zero / the	48636
statewide total ADM)	48637

(B) Calculate the district's median income index, which	48638
equals the following quotient:	48639

(The district's median Ohio adjusted gross income / the	48640
median of the median Ohio adjusted gross income of all districts	48641
statewide)	48642

48643

(1) If the district's median income index is less than the	48644
district's valuation index, then the district's wealth index shall	48645
be equal to [(1/3 X the district's median income index) + (2/3 X	48646
the district's valuation index)].	48647

(2) If the district's median income index is greater than or	48648
equal to the district's valuation index, then the district's	48649
wealth index shall be equal to the district's valuation index.	48650

(D) Determine the district's state share index as follows:

48651

(1) If the district's wealth index is less than or equal to	48652
0.35, then the district's state share index shall be equal to	48653
0.90.	48654

(2) If the district's wealth index is greater than 0.35 but	48655
less than or equal to 0.90, then the district's state share index	48656
shall be equal to {0.40 X [(0.90 – the district's wealth index) /	48657
0.55]} + 0.50.	48658

(3) If the district's wealth index is greater than 0.90 but	48659
less than 1.8, then the district's state share index shall be	48660
equal to {0.45 X [(1.8 – the district's wealth index) / 0.9]} +	48661
0.05.	48662

(4) If the district's wealth index is greater than or equal	48663
to 1.8, then the district's state share index shall be equal to	48664
0.05.	48665

(E)(1) For each school district for which the tax-exempt	48666
value of the district, as certified under division (A)(4) of	48667
section 3317.021 of the Revised Code, equals or exceeds thirty per	48668
cent of the potential value of the district, the department shall	48669
calculate the difference between the district's tax-exempt value	48670
and thirty per cent of the district's potential value. For this	48671
purpose, the "potential value" of a school district is the	48672
three-year average valuation of the district plus the tax-exempt	48673
value of the district.	48674

(2) For each school district to which division (E)(1) of this	48675
section applies, the department shall adjust the three-year	48676
average valuation used in the calculation under division (A) of	48677
this section by subtracting from it the amount calculated under	48678
division (E)(1) of this section.	48679

(F) When performing the calculations required under this	48680
section, the department shall not round to fewer than four decimal	48681
places.	48682

For purposes of these calculations for fiscal years 2014 and	48683
2015, "three-year average valuation" means the average of total	48684
taxable value for fiscal years 2012, 2013, and 2014; "total ADM"	48685
means the total ADM for fiscal year 2014; "median Ohio adjusted	48686
gross income" means the median Ohio adjusted gross income for tax	48687
year 2011; and "tax-exempt value" means the tax-exempt value for	48688
fiscal year 2014.	48689

Sec. 3317.02. As used in this chapter:

48690

(A)(1) "Category one career-technical education ADM" means	48691
the average daily membership of students receiving	48692
career-technical education services described in division (A) of	48693
section 3317.014 of the Revised Code and reported under division	48694
(B)(11) or (D)(2)(h) of section 3317.03 of the Revised Code.	48695

(2) "Category two career-technical education ADM" means the	48696
average daily membership of students receiving career-technical	48697
education services described in division (B) of section 3317.014	48698
of the Revised Code and reported under division (B)(12) or	48699
(D)(2)(i) of section 3317.03 of the Revised Code.	48700

(3) "Category three career-technical education ADM" means the	48701
average daily membership of students receiving career-technical	48702
education services described in division (C) of section 3317.014	48703
of the Revised Code and reported under division (B)(13) or	48704
(D)(2)(j) of section 3317.03 of the Revised Code.	48705

(4) "Category four career-technical education ADM" means the	48706
average daily membership of students receiving career-technical	48707
education services described in division (D) of section 3317.014	48708
of the Revised Code and reported under division (B)(14) or	48709
(D)(2)(k) of section 3317.03 of the Revised Code.	48710

(5) "Category five career-technical education ADM" means the	48711
average daily membership of students receiving career-technical	48712
education services described in division (E) of section 3317.014	48713
of the Revised Code and reported under division (B)(15) or	48714
(D)(2)(l) of section 3317.03 of the Revised Code.	48715

(B)(1) "Category one limited English proficient ADM" means	48716
the average daily membership of limited English proficient	48717
students described in division (A) of section 3317.016 of the	48718
Revised Code and reported under division (B)(16) or (D)(2)(m) of	48719
section 3317.03 of the Revised Code.	48720

(2) "Category two limited English proficient ADM" means the	48721
average daily membership of limited English proficient students	48722
described in division (B) of section 3317.016 of the Revised Code	48723
and reported under division (B)(17) or (D)(2)(n) of section	48724
3317.03 of the Revised Code.	48725

(3) "Category three limited English proficient ADM" means the	48726
average daily membership of limited English proficient students	48727
described in division (C) of section 3317.016 of the Revised Code	48728
and reported under division (B)(18) or (D)(2)(o) of section	48729
3317.03 of the Revised Code.	48730

(C)(1) "Category one special education ADM" means the average	48731
daily membership of children with disabilities receiving special	48732
education services for the disability specified in division (A) of	48733
section 3317.013 of the Revised Code and reported under division	48734
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	48735

(2) "Category two special education ADM" means the average	48736
daily membership of children with disabilities receiving special	48737
education services for those disabilities specified in division	48738
(B) of section 3317.013 of the Revised Code and reported under	48739
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	48740
Code.	48741

(3) "Category three special education ADM" means the average	48742
daily membership of students receiving special education services	48743
for those disabilities specified in division (C) of section	48744
3317.013 of the Revised Code, and reported under division (B)(7)	48745
or (D)(2)(d) of section 3317.03 of the Revised Code.	48746

(4) "Category four special education ADM" means the average	48747
daily membership of students receiving special education services	48748
for those disabilities specified in division (D) of section	48749
3317.013 of the Revised Code and reported under division (B)(8) or	48750
(D)(2)(e) of section 3317.03 of the Revised Code.	48751

(5) "Category five special education ADM" means the average	48752
daily membership of students receiving special education services	48753
for the disabilities specified in division (E) of section 3317.013	48754
of the Revised Code and reported under division (B)(9) or	48755
(D)(2)(f) of section 3317.03 of the Revised Code.	48756

(6) "Category six special education ADM" means the average	48757
daily membership of students receiving special education services	48758
for the disabilities specified in division (F) of section 3317.013	48759
of the Revised Code and reported under division (B)(10) or	48760
(D)(2)(g) of section 3317.03 of the Revised Code.	48761

(D) "County DD board" means a county board of developmental	48762
disabilities.	48763

(E) "Economically disadvantaged index for a school district"	48764
means the square of the quotient of that district's percentage of	48765
students in its total ADM who are identified as economically	48766
disadvantaged as defined by the department of education, divided	48767
by the statewide percentage of students identified as economically	48768
disadvantaged.	48769

(F)(1) "Formula ADM" means, for a city, local, or exempted	48770
village school district, the average daily membership described in	48771
division (A) of section 3317.03 of the Revised Code, as verified	48772
by the superintendent of public instruction and adjusted if so	48773
ordered under division (K) of that section, and as further	48774
adjusted by counting only twenty per cent of the number of joint	48775
vocational school district students counted under division (A)(3)	48776
of section 3317.03 of the Revised Code.	48777

(2) "Formula ADM" means, for a joint vocational school	48778
district, the final number verified by the superintendent of	48779
public instruction, based on the number reported pursuant to	48780
division (D) of section 3317.03 of the Revised Code, as adjusted,	48781
if so ordered, under division (K) of that section.	48782

(G) "Formula amount" means $5,732, for fiscal year 2014, and	48783
$5,789, for fiscal year 2015.	48784

(H) "FTE basis" means a count of students based on full-time	48785
equivalency, in accordance with rules adopted by the department of	48786
education pursuant to section 3317.03 of the Revised Code. In	48787
adopting its rules under this division, the department shall	48788
provide for counting any student in category one, two, three,	48789
four, five, or six special education ADM or in category one, two,	48790
three, four, or five career technical education ADM in the same	48791
proportion the student is counted in formula ADM.	48792

(I) "Internet- or computer-based community school" has the	48793
same meaning as in section 3314.02 of the Revised Code.	48794

(J) "Medically fragile child" means a child to whom all of	48795
the following apply:	48796

(1) The child requires the services of a doctor of medicine	48797
or osteopathic medicine at least once a week due to the	48798
instability of the child's medical condition.	48799

(2) The child requires the services of a registered nurse on	48800
a daily basis.	48801

(3) The child is at risk of institutionalization in a	48802
hospital, skilled nursing facility, or intermediate care facility	48803
for the mentally retarded.	48804

(K)(1) A child may be identified as having an "other health	48805
impairment-major" if the child's condition meets the definition of	48806
"other health impaired" established in rules previously adopted by	48807
the state board of education and if either of the following apply:	48808

(a) The child is identified as having a medical condition	48809
that is among those listed by the superintendent of public	48810
instruction as conditions where a substantial majority of cases	48811
fall within the definition of "medically fragile child."	48812

(b) The child is determined by the superintendent of public	48813
instruction to be a medically fragile child. A school district	48814
superintendent may petition the superintendent of public	48815
instruction for a determination that a child is a medically	48816
fragile child.	48817

(2) A child may be identified as having an "other health	48818
impairment-minor" if the child's condition meets the definition of	48819
"other health impaired" established in rules previously adopted by	48820
the state board of education but the child's condition does not	48821
meet either of the conditions specified in division (K)(1)(a) or	48822
(b) of this section.	48823

(L) "Preschool child with a disability" means a child with a	48824
disability, as defined in section 3323.01 of the Revised Code, who	48825
is at least age three but is not of compulsory school age, as	48826
defined in section 3321.01 of the Revised Code, and who is not	48827
currently enrolled in kindergarten.	48828

(M) "Preschool scholarship ADM" means the number of preschool	48829
children with disabilities reported under division (B)(3)(h) of	48830
section 3317.03 of the Revised Code.	48831

(N) "Related services" includes:

48832

(1) Child study, special education supervisors and	48833
coordinators, speech and hearing services, adaptive physical	48834
development services, occupational or physical therapy, teacher	48835
assistants for children with disabilities whose disabilities are	48836
described in division (B) of section 3317.013 or division (B)(3)	48837
of this section, behavioral intervention, interpreter services,	48838
work study, nursing services, and specialized integrative services	48839
as those terms are defined by the department;	48840

(2) Speech and language services provided to any student with	48841
a disability, including any student whose primary or only	48842
disability is a speech and language disability;	48843

(3) Any related service not specifically covered by other	48844
state funds but specified in federal law, including but not	48845
limited to, audiology and school psychological services;	48846

(4) Any service included in units funded under former	48847
division (O)(1) of section 3317.024 of the Revised Code;	48848

(5) Any other related service needed by children with	48849
disabilities in accordance with their individualized education	48850
programs.	48851

(O) "School district," unless otherwise specified, means	48852
city, local, and exempted village school districts.	48853

(P) "State education aid" has the same meaning as in section	48854
5751.20 of the Revised Code.	48855

(Q) "State share index" means the state share index	48856
calculated for a district under section 3317.017 of the Revised	48857
Code.	48858

(R) "Taxes charged and payable" means the taxes charged and	48859
payable against real and public utility property after making the	48860
reduction required by section 319.301 of the Revised Code, plus	48861
the taxes levied against tangible personal property.	48862

(S) "Total ADM" means, for a city, local, or exempted village	48863
school district, the average daily membership described in	48864
division (A) of section 3317.03 of the Revised Code, as verified	48865
by the superintendent of public instruction and adjusted if so	48866
ordered under division (K) of that section.	48867

(T) "Total career-technical education weight" for a district	48868
means the sum of the following:	48869

(1) The district's category one career-technical education	48870
ADM multiplied by the multiple specified in division (A) of	48871
section 3317.014 of the Revised Code;	48872

(2) The district's category two career-technical education	48873
ADM multiplied by the multiple specified in division (B) of	48874
section 3317.014 of the Revised Code;	48875

(3) The district's category three career-technical education	48876
ADM multiplied by the multiple specified in division (C) of	48877
section 3317.014 of the Revised Code;	48878

(4) The district's category four career-technical education	48879
ADM multiplied by the multiple specified in division (D) of	48880
section 3317.014 of the Revised Code;	48881

(5) The district's category five career-technical education	48882
ADM multiplied by the multiple specified in division (E) of	48883
section 3317.014 of the Revised Code.	48884

(U) "Total special education ADM" means the sum of categories	48885
one through six special education ADM.	48886

(V) "Total special education weight" for a district means the	48887
sum of the following:	48888

(1) The district's category one special education ADM	48889
multiplied by the multiple specified in division (A) of section	48890
3317.013 of the Revised Code;	48891

(2) The district's category two special education ADM	48892
multiplied by the multiple specified in division (B) of section	48893
3317.013 of the Revised Code;	48894

(3) The district's category three special education ADM	48895
multiplied by the multiple specified in division (C) of section	48896
3317.013 of the Revised Code;	48897

(4) The district's category four special education ADM	48898
multiplied by the multiple specified in division (D) of section	48899
3317.013 of the Revised Code;	48900

(5) The district's category five special education ADM	48901
multiplied by the multiple specified in division (E) of section	48902
3317.013 of the Revised Code;	48903

(6) The district's category six special education ADM	48904
multiplied by the multiple specified in division (F) of section	48905
3317.013 of the Revised Code.	48906

(W) "Total taxable value" means the sum of the amounts	48907
certified for a city, local, exempted village, or joint vocational	48908
school district under divisions (A)(1) and (2) of section 3317.021	48909
of the Revised Code.	48910

Sec. 3317.021. (A) On or before the first day of June of	48911
each year, the tax commissioner shall certify to the department of	48912
education and the office of budget and management the information	48913
described in divisions (A)(1) to (7) of this section for each	48914
city, exempted village, and local school district, and the	48915
information required by divisions (A)(1) and (2) of this section	48916
for each joint vocational school district, and it shall be used,	48917
along with the information certified under division (B) of this	48918
section, in making the computations for the district under this	48919
chapter.	48920

(1) The taxable value of real and public utility real	48921
property in the school district subject to taxation in the	48922
preceding tax year, by class and by county of location.	48923

(2) The taxable value of tangible personal property,	48924
including public utility personal property, subject to taxation by	48925
the district for the preceding tax year.	48926

(3)(a) The total property tax rate and total taxes charged	48927
and payable for the current expenses for the preceding tax year	48928
and the total property tax rate and the total taxes charged and	48929
payable to a joint vocational district for the preceding tax year	48930
that are limited to or to the extent apportioned to current	48931
expenses.	48932

(b) The portion of the amount of taxes charged and payable	48933
reported for each city, local, and exempted village school	48934
district under division (A)(3)(a) of this section attributable to	48935
a joint vocational school district.	48936

(4) The value of all real and public utility real property in	48937
the school district exempted from taxation minus both of the	48938
following:	48939

(a) The value of real and public utility real property in the	48940
district owned by the United States government and used	48941
exclusively for a public purpose;	48942

(b) The value of real and public utility real property in the	48943
district exempted from taxation under Chapter 725. or 1728. or	48944
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	48945
5709.73, or 5709.78 of the Revised Code.	48946

(5) The total federal adjusted gross income of the residents	48947
of the school district, based on tax returns filed by the	48948
residents of the district, for the most recent year for which this	48949
information is available.	48950

~~(6) The sum of the school district compensation value as~~	48951
~~indicated on the list of exempted property for the preceding tax~~	48952
~~year under section 5713.08 of the Revised Code as if such property~~	48953
~~had been assessed for taxation that year and the other~~	48954
~~compensation value for the school district, minus the amounts~~	48955
~~described in divisions (A)(6)(c) to (i) of this section. The~~	48956
~~portion of school district compensation value or other~~	48957
~~compensation value attributable to an incentive district exemption~~	48958
~~may be subtracted only once even if that incentive district~~	48959
~~satisfies more than one of the criteria in divisions (A)(6)(c) to~~	48960
~~(i) of this section.~~	48961

~~(a) "School district compensation value" means the aggregate~~	48962
~~value of real property in the school district exempted from~~	48963
~~taxation pursuant to an ordinance or resolution adopted under~~	48964
~~division (C) of section 5709.40, division (C) of section 5709.73,~~	48965
~~or division (B) of section 5709.78 of the Revised Code to the~~	48966
~~extent that the exempted value results in the charging of payments~~	48967
~~in lieu of taxes required to be paid to the school district under~~	48968
~~division (D)(1) or (2) of section 5709.40, division (D) of section~~	48969
~~5709.73, or division (C) of section 5709.78 of the Revised Code.~~	48970

~~(b) "Other compensation value" means the quotient that~~	48971
~~results from dividing (i) the dollar value of compensation~~	48972
~~received by the school district during the preceding tax year~~	48973
~~pursuant to division (B), (C), or (D) of section 5709.82 of the~~	48974
~~Revised Code and the amounts received pursuant to an agreement as~~	48975
~~specified in division (D)(2) of section 5709.40, division (D) of~~	48976
~~section 5709.73, or division (C) of section 5709.78 of the Revised~~	48977
~~Code to the extent those amounts were not previously reported or~~	48978
~~included in division (A)(6)(a) of this section, and so that any~~	48979
~~such amount is reported only once under division (A)(6)(b) of this~~	48980
~~section, in relation to exemptions from taxation granted pursuant~~	48981
~~to an ordinance or resolution adopted under division (C) of~~	48982
~~section 5709.40, division (C) of section 5709.73, or division (B)~~	48983
~~of section 5709.78 of the Revised Code, by (ii) the real property~~	48984
~~tax rate in effect for the preceding tax year for~~	48985
~~nonresidential/agricultural real property after making the~~	48986
~~reductions required by section 319.301 of the Revised Code.~~	48987

~~(c) The portion of school district compensation value or~~	48988
~~other compensation value that was exempted from taxation pursuant~~	48989
~~to such an ordinance or resolution for the preceding tax year, if~~	48990
~~the ordinance or resolution is adopted prior to January 1, 2006,~~	48991
~~and the legislative authority or board of township trustees or~~	48992
~~county commissioners, prior to January 1, 2006, executes a~~	48993
~~contract or agreement with a developer, whether for-profit or~~	48994
~~not-for-profit, with respect to the development of a project~~	48995
~~undertaken or to be undertaken and identified in the ordinance or~~	48996
~~resolution, and upon which parcels such project is being, or will~~	48997
~~be, undertaken;~~	48998

~~(d) The portion of school district compensation value that~~	48999
~~was exempted from taxation for the preceding tax year and for~~	49000
~~which payments in lieu of taxes for the preceding tax year were~~	49001
~~provided to the school district under division (D)(1) of section~~	49002
~~5709.40 of the Revised Code.~~	49003

~~(e) The portion of school district compensation value that~~	49004
~~was exempted from taxation for the preceding tax year pursuant to~~	49005
~~such an ordinance or resolution, if and to the extent that, on or~~	49006
~~before April 1, 2006, the fiscal officer of the municipal~~	49007
~~corporation that adopted the ordinance, or of the township or~~	49008
~~county that adopted the resolution, certifies and provides~~	49009
~~appropriate supporting documentation to the tax commissioner and~~	49010
~~the director of development that, based on hold-harmless~~	49011
~~provisions in any agreement between the school district and the~~	49012
~~legislative authority of the municipal corporation, board of~~	49013
~~township trustees, or board of county commissioners that was~~	49014
~~entered into on or before June 1, 2005, the ability or obligation~~	49015
~~of the municipal corporation, township, or county to repay bonds,~~	49016
~~notes, or other financial obligations issued or entered into prior~~	49017
~~to January 1, 2006, will be impaired, including obligations to or~~	49018
~~of any other body corporate and politic with whom the legislative~~	49019
~~authority of the municipal corporation or board of township~~	49020
~~trustees or county commissioners has entered into an agreement~~	49021
~~pertaining to the use of service payments derived from the~~	49022
~~improvements exempted;~~	49023

~~(f) The portion of school district compensation value that~~	49024
~~was exempted from taxation for the preceding tax year pursuant to~~	49025
~~such an ordinance or resolution, if the ordinance or resolution is~~	49026
~~adopted prior to January 1, 2006, in a municipal corporation with~~	49027
~~a population that exceeds one hundred thousand, as shown by the~~	49028
~~most recent federal decennial census, that includes a major~~	49029
~~employment center and that is adjacent to historically distressed~~	49030
~~neighborhoods, if the legislative authority of the municipal~~	49031
~~corporation that exempted the property prepares an economic~~	49032
~~analysis that demonstrates that all taxes generated within the~~	49033
~~incentive district accruing to the state by reason of improvements~~	49034
~~constructed within the district during its existence exceed the~~	49035
~~amount the state pays the school district under section 3317.022~~	49036
~~of the Revised Code attributable to such property exemption from~~	49037
~~the school district's recognized valuation. The analysis shall be~~	49038
~~submitted to and approved by the department of development prior~~	49039
~~to January 1, 2006, and the department shall not unreasonably~~	49040
~~withhold approval.~~	49041

~~(g) The portion of school district compensation value that~~	49042
~~was exempted from taxation for the preceding tax year under such~~	49043
~~an ordinance or resolution, if the ordinance or resolution is~~	49044
~~adopted prior to January 1, 2006, and if service payments have~~	49045
~~been pledged to be used for mixed-use riverfront entertainment~~	49046
~~development in any county with a population that exceeds six~~	49047
~~hundred thousand, as shown by the most recent federal decennial~~	49048
~~census;~~	49049

~~(h) The portion of school district compensation value that~~	49050
~~was exempted from taxation for the preceding tax year under such~~	49051
~~an ordinance or resolution, if, prior to January 1, 2006, the~~	49052
~~legislative authority of a municipal corporation, board of~~	49053
~~township trustees, or board of county commissioners has pledged~~	49054
~~service payments for a designated transportation capacity project~~	49055
~~approved by the transportation review advisory council under~~	49056
~~Chapter 5512. of the Revised Code;~~	49057

~~(i) The portion of school district compensation value that~~	49058
~~was exempted from taxation for the preceding tax year under such~~	49059
~~an ordinance or resolution if the legislative authority of a~~	49060
~~municipal corporation, board of township trustees, or board of~~	49061
~~county commissioners have, by January 1, 2006, pledged proceeds~~	49062
~~for designated transportation improvement projects that involve~~	49063
~~federal funds for which the proceeds are used to meet a local~~	49064
~~share match requirement for such funding.~~	49065

~~As used in division (A)(6) of this section, "project" has the~~	49066
~~same meaning as in section 5709.40 of the Revised Code.~~	49067

~~(7) The aggregate value of real property in the school~~	49068
~~district for which an exemption from taxation is granted by an~~	49069
~~ordinance or resolution adopted on or after January 1, 2006, under~~	49070
~~Chapter 725. or 1728., sections 3735.65 to 3735.70, or section~~	49071
~~5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised~~	49072
~~Code, as indicated on the list of exempted property for the~~	49073
~~preceding tax year under section 5713.08 of the Revised Code and~~	49074
~~as if such property had been assessed for taxation that year,~~	49075
~~minus the product determined by multiplying (a) the aggregate~~	49076
~~value of the real property in the school district exempted from~~	49077
~~taxation for the preceding tax year under any of the chapters or~~	49078
~~sections specified in this division, by (b) a fraction, the~~	49079
~~numerator of which is the difference between (i) the amount of~~	49080
~~anticipated revenue such school district would have received for~~	49081
~~the preceding tax year if the real property exempted from taxation~~	49082
~~had not been exempted from taxation and (ii) the aggregate amount~~	49083
~~of payments in lieu of taxes on the exempt real property for the~~	49084
~~preceding tax year and other compensation received for the~~	49085
~~preceding tax year by the school district pursuant to any~~	49086
~~agreements entered into on or after January 1, 2006, under section~~	49087
~~5709.82 of the Revised Code between the school district and the~~	49088
~~legislative authority of a political subdivision that acted under~~	49089
~~the authority of a chapter or statute specified in this division,~~	49090
~~that were entered into in relation to such exemption, and the~~	49091
~~denominator of which is the amount of anticipated revenue such~~	49092
~~school district would have received in the preceding fiscal year~~	49093
~~if the real property exempted from taxation had not been exempted.~~	49094

(B) On or before the first day of May each year, the tax	49095
commissioner shall certify to the department of education and the	49096
office of budget and management the total taxable real property	49097
value of railroads and, separately, the total taxable tangible	49098
personal property value of all public utilities for the preceding	49099
tax year, by school district and by county of location.	49100

(C) If a public utility has properly and timely filed a	49101
petition for reassessment under section 5727.47 of the Revised	49102
Code with respect to an assessment issued under section 5727.23 of	49103
the Revised Code affecting taxable property apportioned by the tax	49104
commissioner to a school district, the taxable value of public	49105
utility tangible personal property included in the certification	49106
under divisions (A)(2) and (B) of this section for the school	49107
district shall include only the amount of taxable value on the	49108
basis of which the public utility paid tax for the preceding year	49109
as provided in division (B)(1) or (2) of section 5727.47 of the	49110
Revised Code.	49111

(D) If on the basis of the information certified under	49112
division (A) of this section, the department determines that any	49113
district fails in any year to meet the qualification requirement	49114
specified in division (A) of section 3317.01 of the Revised Code,	49115
the department shall immediately request the tax commissioner to	49116
determine the extent to which any school district income tax	49117
levied by the district under Chapter 5748. of the Revised Code	49118
shall be included in meeting that requirement. Within five days of	49119
receiving such a request from the department, the tax commissioner	49120
shall make the determination required by this division and report	49121
the quotient obtained under division (D)(3) of this section to the	49122
department and the office of budget and management. This quotient	49123
represents the number of mills that the department shall include	49124
in determining whether the district meets the qualification	49125
requirement of division (A) of section 3317.01 of the Revised	49126
Code.	49127

The tax commissioner shall make the determination required by	49128
this division as follows:	49129

(1) Multiply one mill times the total taxable value of the	49130
district as determined in divisions (A)(1) and (2) of this	49131
section;	49132

(2) Estimate the total amount of tax liability for the	49133
current tax year under taxes levied by Chapter 5748. of the	49134
Revised Code that are apportioned to current operating expenses of	49135
the district, excluding any income tax receipts allocated for the	49136
project cost, debt service, or maintenance set-aside associated	49137
with a state-assisted classroom facilities project as authorized	49138
by section 3318.052 of the Revised Code;	49139

(3) Divide the amount estimated under division (D)(2) of this	49140
section by the product obtained under division (D)(1) of this	49141
section.	49142

~~(E)(1) On or before June 1, 2006, and the first day of April~~	49143
~~of each year thereafter, the director of development shall report~~	49144
~~to the department of education, the tax commissioner, and the~~	49145
~~director of budget and management the total amounts of payments~~	49146
~~received by each city, local, exempted village, or joint~~	49147
~~vocational school district for the preceding tax year pursuant to~~	49148
~~division (D) of section 5709.40, division (D) of section 5709.73,~~	49149
~~division (C) of section 5709.78, or division (B)(1), (B)(2), (C),~~	49150
~~or (D) of section 5709.82 of the Revised Code in relation to~~	49151
~~exemptions from taxation granted pursuant to an ordinance adopted~~	49152
~~by the legislative authority of a municipal corporation under~~	49153
~~division (C) of section 5709.40 of the Revised Code, or a~~	49154
~~resolution adopted by a board of township trustees or board of~~	49155
~~county commissioners under division (C) of section 5709.73 or~~	49156
~~division (B) of section 5709.78 of the Revised Code, respectively.~~	49157
~~On or before April 1, 2006, and the first day of March of each~~	49158
~~year thereafter, the treasurer of each city, local, exempted~~	49159
~~village, or joint vocational school district that has entered into~~	49160
~~such an agreement shall report to the director of development the~~	49161
~~total amounts of such payments the district received for the~~	49162
~~preceding tax year as provided in this section. The state board of~~	49163
~~education, in accordance with sections 3319.31 and 3319.311 of the~~	49164
~~Revised Code, may suspend or revoke the license of a treasurer~~	49165
~~found to have willfully reported erroneous, inaccurate, or~~	49166
~~incomplete data under this division.~~	49167

~~(2) On or before April 1, 2007, and the first day of April of~~	49168
~~each year thereafter, the director of development shall report to~~	49169
~~the department of education, the tax commissioner, and the~~	49170
~~director of budget and management the total amounts of payments~~	49171
~~received by each city, local, exempted village, or joint~~	49172
~~vocational school district for the preceding tax year pursuant to~~	49173
~~divisions (B), (C), and (D) of section 5709.82 of the Revised Code~~	49174
~~in relation to exemptions from taxation granted pursuant to~~	49175
~~ordinances or resolutions adopted on or after January 1, 2006,~~	49176
~~under Chapter 725. or 1728., sections 3735.65 to 3735.70, or~~	49177
~~section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the~~	49178
~~Revised Code. On or before March 1, 2007, and the first day of~~	49179
~~March of each year thereafter, the treasurer of each city, local,~~	49180
~~exempted village, or joint vocational school district that has~~	49181
~~entered into such an agreement shall report to the director of~~	49182
~~development the total amounts of such payments the district~~	49183
~~received for the preceding tax year as provided by this section.~~	49184
~~The state board of education, in accordance with sections 3319.31~~	49185
~~and 3319.311 of the Revised Code, may suspend or revoke the~~	49186
~~license of a treasurer found to have willfully reported erroneous,~~	49187
~~inaccurate, or incomplete data under this division.~~	49188

Sec. 3317.022. (A) The department of education shall compute	49189
and distribute state core foundation funding to each eligible	49190
school district for the fiscal year, using the information	49191
obtained under section 3317.021 of the Revised Code in the	49192
calendar year in which the fiscal year begins, as prescribed in	49193
the following divisions:	49194

(1) An opportunity grant calculated according to the	49195
following formula:	49196

The formula amount X formula ADM X the district's state share	49197
index	49198

(2) Targeted assistance funds calculated under divisions (A)	49199
and (B) of section 3317.0217 of the Revised Code;	49200

(3) Additional state aid for special education and related	49201
services provided under Chapter 3323. of the Revised Code	49202
calculated according to the following formula:	49203

The formula amount X the district's total special education	49204

weight X the district's state share index	49205

(4) Kindergarten through third grade literacy funds	49206
calculated according to the following formula:	49207

($300, in fiscal year 2014, or $303, in fiscal year 2015) X	49208
formula ADM for grades kindergarten through three X the district's	49209
state share index	49210

(5) Economically disadvantaged funds calculated according to	49211
the following formula:	49212

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	49213
(the district's economically disadvantaged index) X the number of	49214
students who are economically disadvantaged as reported under	49215
division (B)(21) of section 3317.03 of the Revised Code	49216

(6) Limited English proficiency funds calculated as the sum	49217
of the following:	49218

(a) The district's category one limited English proficient	49219
ADM X the amount specified in division (A) of section 3317.016 of	49220
the Revised Code X the district's state share index;	49221

(b) The district's category two limited English proficient	49222
ADM X the amount specified in division (B) of section 3317.016 of	49223
the Revised Code X the district's state share index;	49224

(c) The district's category three limited English proficient	49225
ADM X the amount specified in division (C) of section 3317.016 of	49226
the Revised Code X the district's state share index.	49227

(7)(a) Gifted identification funds calculated according to	49228
the following formula:	49229

($5, in fiscal year 2014, or $5.05, in fiscal year 2015) X the	49230

district's formula ADM	49231

(b) Gifted unit funding calculated under section 3317.051 of	49232
the Revised Code.	49233

(8) Career-technical education funds calculated according to	49234
the following formula:	49235

The formula amount X the district's total career-technical	49236

education weight X the district's state share index	49237

Payment of funds under division (A)(8) of this section is	49238
subject to approval under section 3317.161 of the Revised Code.	49239

(9) Career-technical education associated services funds	49240
calculated according to the following formula:	49241

The district's state share index X 0.05 X the formula	49242

amount X the sum of categories one through five career-technical	49243

education ADM	49244

(B) In any fiscal year, a school district shall spend for	49245
purposes that the department designates as approved for special	49246
education and related services expenses at least the amount	49247
calculated as follows:	49248

(The formula amount X the total special education ADM) +	49249

(the formula amount X the district's total special education	49250

weight)	49251

The purposes approved by the department for special education	49252
expenses shall include, but shall not be limited to,	49253
identification of children with disabilities, compliance with	49254
state rules governing the education of children with disabilities	49255
and prescribing the continuum of program options for children with	49256
disabilities, provision of speech language pathology services, and	49257
the portion of the school district's overall administrative and	49258
overhead costs that are attributable to the district's special	49259
education student population.	49260

The scholarships deducted from the school district's account	49261
under sections 3310.41 and 3310.55 of the Revised Code shall be	49262
considered to be an approved special education and related	49263
services expense for the purpose of the school district's	49264
compliance with this division.	49265

(C) In any fiscal year, a school district receiving funds	49266
under division (A)(8) of this section shall spend those funds only	49267
for the purposes that the department designates as approved for	49268
career-technical education expenses. Career-technical educational	49269
expenses approved by the department shall include only expenses	49270
connected to the delivery of career-technical programming to	49271
career-technical students. The department shall require the school	49272
district to report data annually so that the department may	49273
monitor the district's compliance with the requirements regarding	49274
the manner in which funding received under division (A)(8) of this	49275
section may be spent.	49276

(D) In any fiscal year, a school district receiving funds	49277
under division (A)(9) of this section, or through a transfer of	49278
funds pursuant to division (I) of section 3317.023 of the Revised	49279
Code, shall spend those funds only for the purposes that the	49280
department designates as approved for career-technical education	49281
associated services expenses, which may include such purposes as	49282
apprenticeship coordinators, coordinators for other	49283
career-technical education services, career-technical evaluation,	49284
and other purposes designated by the department. The department	49285
may deny payment under division (A)(9) of this section to any	49286
district that the department determines is not operating those	49287
services or is using funds paid under division (A)(9) of this	49288
section, or through a transfer of funds pursuant to division (I)	49289
of section 3317.023 of the Revised Code, for other purposes.	49290

(E) All funds received under division (A)(8) of this section	49291
by either a comprehensive single-district career-technical	49292
planning district or a school district that is a party to a	49293
career-technical educational compact shall be spent in the	49294
following manner:	49295

(1) At least seventy-five per cent of the funds shall be	49296
spent on curriculum development, purchase, and implementation;	49297
instructional resources and supplies; industry-based program	49298
certification; student assessment, credentialing, and placement;	49299
curriculum specific equipment purchases and leases;	49300
career-technical student organization fees and expenses; home and	49301
agency linkages; work-based learning experiences; professional	49302
development; and other costs directly associated with	49303
career-technical education programs including development of new	49304
programs.	49305

(2) Not more than twenty-five per cent of the funds shall be	49306
used for personnel expenditures.	49307

Sec. 3317.023. (A) The amounts required to be paid to a	49308
district under this chapter shall be adjusted by the amount of the	49309
computations made under divisions (B) to (K) of this section.	49310

As used in this section:

49311

(1) "~~VEPD~~CTPD" means a school district or group of school	49312
districts designated by the department of education as being	49313
responsible for the planning for and provision of ~~vocational~~	49314
career-technical education services to students within the	49315
district or group.	49316

(2) "Lead district" means a school district, including a	49317
joint vocational school district, designated by the department as	49318
a ~~VEPD~~CTPD, or designated to provide primary ~~vocational~~	49319
career-technical education leadership within a ~~VEPD~~CTPD composed	49320
of a group of districts.	49321

(B) If a local ~~school district, or a~~, city, or exempted	49322
village school district to which a governing board of an	49323
educational service center provides services pursuant to an	49324
agreement entered into under section 3313.843 of the Revised Code,	49325
deduct the amount of the payment required for the reimbursement of	49326
the governing board under ~~section 3317.11 of the Revised Code~~the	49327
agreement.	49328

(C)(1) If the district is required to pay to or entitled to	49329
receive tuition from another school district under division (C)(2)	49330
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	49331
or if the superintendent of public instruction is required to	49332
determine the correct amount of tuition and make a deduction or	49333
credit under section 3317.08 of the Revised Code, deduct and	49334
credit such amounts as provided in division (J) of section 3313.64	49335
or section 3317.08 of the Revised Code.	49336

(2) For each child for whom the district is responsible for	49337
tuition or payment under division (A)(1) of section 3317.082 or	49338
section 3323.091 of the Revised Code, deduct the amount of tuition	49339
or payment for which the district is responsible.	49340

(D) If the district has been certified by the superintendent	49341
of public instruction under section 3313.90 of the Revised Code as	49342
not in compliance with the requirements of that section, deduct an	49343
amount equal to ten per cent of the amount computed for the	49344
district under this chapter.	49345

(E) If the district has received a loan from a commercial	49346
lending institution for which payments are made by the	49347
superintendent of public instruction pursuant to division (E)(3)	49348
of section 3313.483 of the Revised Code, deduct an amount equal to	49349
such payments.	49350

(F)(1) If the district is a party to an agreement entered	49351
into under division (D), (E), or (F) of section 3311.06 or	49352
division (B) of section 3311.24 of the Revised Code and is	49353
obligated to make payments to another district under such an	49354
agreement, deduct an amount equal to such payments if the district	49355
school board notifies the department in writing that it wishes to	49356
have such payments deducted.	49357

(2) If the district is entitled to receive payments from	49358
another district that has notified the department to deduct such	49359
payments under division (F)(1) of this section, add the amount of	49360
such payments.	49361

(G) If the district is required to pay an amount of funds to	49362
a cooperative education district pursuant to a provision described	49363
by division (B)(4) of section 3311.52 or division (B)(8) of	49364
section 3311.521 of the Revised Code, deduct such amounts as	49365
provided under that provision and credit those amounts to the	49366
cooperative education district for payment to the district under	49367
division (B)(1) of section 3317.19 of the Revised Code.	49368

(H)(1) If a district is educating a student entitled to	49369
attend school in another district pursuant to a shared education	49370
contract, compact, or cooperative education agreement other than	49371
an agreement entered into pursuant to section 3313.842 of the	49372
Revised Code, credit to that educating district on an FTE basis	49373
both of the following:	49374

(a) An amount equal to the formula amount.

49375

(b) An amount equal to ~~$5,732~~the formula amount times the	49376
state share ~~percentage~~index times any multiple applicable to the	49377
student ~~for fiscal year 2009~~ pursuant to section 3317.013 or	49378
~~3317.014~~ of the Revised Code~~, as those sections existed for that~~	49379
~~fiscal year~~.	49380

(2) Deduct any amount credited pursuant to division (H)(1) of	49381
this section from amounts paid to the school district in which the	49382
student is entitled to attend school pursuant to section 3313.64	49383
or 3313.65 of the Revised Code.	49384

(3) If the district is required by a shared education	49385
contract, compact, or cooperative education agreement to make	49386
payments to an educational service center, deduct the amounts from	49387
payments to the district and add them to the amounts paid to the	49388
service center pursuant to section 3317.11 of the Revised Code.	49389

(I)(1) If a district, including a joint vocational school	49390
district, is a lead district of a ~~VEPD~~CTPD, credit to that	49391
district the following ~~amounts~~amount calculated for ~~all the~~each	49392
school ~~districts~~district within that ~~VEPD~~CTPD:	49393

~~(a) In any fiscal year except fiscal year 2012 or 2013, the~~	49394
~~amount computed under division (D)(2) of section 3317.022 of the~~	49395
~~Revised Code;~~	49396

~~(b) In fiscal years 2012 and 2013, an amount equal to the~~	49397
~~following:~~	49398

state share ~~percentage~~ index X .05 X ~~$5,732~~ the formula amount X	49399

the sum of categories one	49400

~~and two vocational~~ through five career-technical education ADM	49401

(2) Deduct from each appropriate district that is not a lead	49402
district, the amount attributable to that district that is	49403
credited to a lead district under division (I)(1) of this section.	49404

(J) If the department pays a joint vocational school district	49405
under division ~~(G)(4)~~(C)(3) of section 3317.16 of the Revised Code	49406
for excess costs of providing special education and related	49407
services to a student with a disability, as calculated under	49408
division ~~(G)(2)~~(C)(1) of that section, the department shall	49409
deduct the amount of that payment from the city, local, or	49410
exempted village school district that is responsible as specified	49411
in that section for the excess costs.	49412

(K)(1) If the district reports an amount of excess cost for	49413
special education services for a child under division (C) of	49414
section 3323.14 of the Revised Code, the department shall pay that	49415
amount to the district.	49416

(2) If the district reports an amount of excess cost for	49417
special education services for a child under division (C) of	49418
section 3323.14 of the Revised Code, the department shall deduct	49419
that amount from the district of residence of that child.	49420

Sec. 3317.0212. ~~The department of education shall make no~~	49421
~~payments under this section for fiscal year 2012 or 2013.~~	49422

(A) As used in this section:

49423

(1) ~~"Assigned bus" means a school bus used to transport~~	49424
~~qualifying riders.~~	49425

~~(2) "Nontraditional ridership" means the average number of~~	49426
~~qualifying riders who are enrolled in a community school~~	49427
~~established under Chapter 3314. of the Revised Code, in a STEM~~	49428
~~school established under Chapter 3326. of the Revised Code, or in~~	49429
~~a nonpublic school and are provided school bus service by a school~~	49430
~~district during the first full week of October.~~	49431

~~(3)~~ "Qualifying riders" means resident students enrolled in	49432
regular education in grades kindergarten to twelve who are	49433
provided school bus service by a school district and who live more	49434
than one mile from the school they attend, including students with	49435
dual enrollment in a joint vocational school district or a	49436
cooperative education school district, and students enrolled in a	49437
community school, STEM school, or nonpublic school.	49438

~~(4)~~(2) "Qualifying ridership" means the average number of	49439
qualifying riders who are provided school bus service by a school	49440
district during the first full week of October.	49441

~~(5)~~(3) "Rider density" means the number of qualifying riders	49442
per square mile of a school district.	49443

~~(6)~~(4) "School bus service" means a school district's	49444
transportation of qualifying riders in any of the following types	49445
of vehicles:	49446

(a) School buses owned or leased by the district;

49447

(b) School buses operated by a private contractor hired by	49448
the district;	49449

(c) School buses operated by another school district or	49450
entity with which the district has contracted, either as part of a	49451
consortium for the provision of transportation or otherwise.	49452

(B) Not later than the fifteenth day of October each year,	49453
each city, local, and exempted village school district shall	49454
report to the department of education its qualifying ridership,	49455
~~nontraditional ridership, number of qualifying riders per assigned~~	49456
~~bus,~~ and any other information requested by the department.	49457
Subsequent adjustments to the reported numbers shall be made only	49458
in accordance with rules adopted by the department.	49459

(C) The department shall calculate the statewide	49460
transportation cost per student as follows:	49461

(1) Determine each city, local, and exempted village school	49462
district's transportation cost per student by dividing the	49463
district's total costs for school bus service in the previous	49464
fiscal year by its qualifying ridership in the previous fiscal	49465
year.	49466

(2) After excluding districts that do not provide school bus	49467
service and the ten districts with the highest transportation	49468
costs per student and the ten districts with the lowest	49469
transportation costs per student, divide the aggregate cost for	49470
school bus service for the remaining districts in the previous	49471
fiscal year by the aggregate qualifying ridership of those	49472
districts in the previous fiscal year.	49473

(D) The department shall calculate the statewide	49474
transportation cost per mile as follows:	49475

(1) Determine each city, local, and exempted village school	49476
district's transportation cost per mile by dividing the district's	49477
total costs for school bus service in the previous fiscal year by	49478
its total number of miles driven for school bus service in the	49479
previous fiscal year.	49480

(2) After excluding districts that do not provide school bus	49481
service and the ten districts with the highest transportation	49482
costs per mile and the ten districts with the lowest	49483
transportation costs per mile, divide the aggregate cost for	49484
school bus service for the remaining districts in the previous	49485
fiscal year by the aggregate miles driven for school bus service	49486
in those districts in the previous fiscal year.	49487

(E) The department shall calculate each city, local, and	49488
exempted village school district's transportation ~~base~~ payment as	49489
follows:	49490

(1) Multiply the statewide transportation cost per student by	49491
the district's qualifying ridership for the current fiscal year.	49492

(2) Multiply the statewide transportation cost per mile by	49493
the district's total number of miles driven for school bus service	49494
in the current fiscal year.	49495

(3) Multiply the greater of the amounts calculated under	49496
divisions (E)(1) and (2) of this section by the greater of sixty	49497
per cent or the district's state share ~~percentage~~index, as	49498
defined in section 3317.02 of the Revised Code.	49499

(F) ~~The department shall calculate each city, local, and~~	49500
~~exempted village school district's nontraditional ridership~~	49501
~~adjustment according to the following formula:~~	49502

~~(nontraditional ridership for the current fiscal year /~~	49503

~~qualifying ridership for the current fiscal year) X 0.1 X~~	49504

~~transportation base payment~~	49505

~~(G) If a city, local, or exempted village school district~~	49506
~~offers school bus service to all resident students who are~~	49507
~~enrolled in regular education in district schools in grades nine~~	49508
~~to twelve and who live more than one mile from the school they~~	49509
~~attend, the department shall calculate the district's high school~~	49510
~~ridership adjustment according to the following formula:~~	49511

~~0.025 X transportation base payment~~	49512

~~(H) If a city, local, or exempted village school district~~	49513
~~offers school bus service to students enrolled in grades~~	49514
~~kindergarten to eight who live more than one mile, but two miles~~	49515
~~or less, from the school they attend, the department shall~~	49516
~~calculate an additional adjustment according to the following~~	49517
~~formula:~~	49518

~~0.025 X transportation base payment~~	49519

~~(I)(1) The department annually shall establish a target~~	49520
~~number of qualifying riders per assigned bus for each city, local,~~	49521
~~and exempted village school district. The department shall use the~~	49522
~~most recently available data in establishing the target number.~~	49523
~~The target number shall be based on the statewide median number of~~	49524
~~qualifying riders per assigned bus as adjusted to reflect the~~	49525
~~district's rider density in comparison to the rider density of all~~	49526
~~other districts. The department shall post on the department's web~~	49527
~~site each district's target number of qualifying riders per~~	49528
~~assigned bus and a description of how the target number was~~	49529
~~determined.~~	49530

~~(2) The department shall determine each school district's~~	49531
~~efficiency index by dividing the district's median number of~~	49532
~~qualifying riders per assigned bus by its target number of~~	49533
~~qualifying riders per assigned bus.~~	49534

~~(3) The department shall determine each city, local, and~~	49535
~~exempted village school district's efficiency adjustment as~~	49536
~~follows:~~	49537

~~(a) If the district's efficiency index is equal to or greater~~	49538
~~than 1.5, the efficiency adjustment shall be calculated according~~	49539
~~to the following formula:~~	49540

~~0.1 X transportation base payment~~	49541

~~(b) If the district's efficiency index is less than 1.5 but~~	49542
~~equal to or greater than 1.0, the efficiency adjustment shall be~~	49543
~~calculated according to the following formula:~~	49544

~~[(efficiency index – 1) / 5] X transportation base payment~~	49545

~~(c) If the district's efficiency index is less than 1.0, the~~	49546
~~efficiency adjustment shall be zero.~~	49547

~~(J) The department shall pay each city, local, and exempted~~	49548
~~village school district the lesser of the following:~~	49549

~~(1) The sum of the amounts calculated under divisions (E) to~~	49550
~~(H) and (I)(3) of this section;~~	49551

~~(2) The district's total costs for school bus service for the~~	49552
~~prior fiscal year.~~	49553

~~(K)~~ In addition to funds paid under division ~~(J)~~(E) of this	49554
section, each city, local, and exempted village district shall	49555
receive in accordance with rules adopted by the state board of	49556
education a payment for students transported by means other than	49557
school bus service and whose transportation is not funded under	49558
division (C) of section 3317.024 of the Revised Code. The rules	49559
shall include provisions for school district reporting of such	49560
students.	49561

(G)(1) In fiscal years 2014 and 2015, the department shall	49562
pay each district a pro rata portion of the amounts calculated	49563
under division (E) of this section and described in division (F)	49564
of this section, based on state appropriations.	49565

(2) In addition to the prorated payment under division (G)(1)	49566
of this section, in fiscal years 2014 and 2015, the department	49567
shall pay each school district that meets the conditions	49568
prescribed in division (G)(3) of this section an additional amount	49569
equal to the difference of (a) the amounts calculated under	49570
division (E) of this section and prescribed in division (F) of	49571
this section minus (b) that prorated payment.	49572

(3) Division (G)(2) of this section applies to each school	49573
district that meets all of the following conditions:	49574

(a) The district qualifies for the calculation of a payment	49575
under division (E) of this section because it transports students	49576
on board-owned or contractor-owned school buses.	49577

(b) The district's state share index is greater than or equal	49578
to 0.50.	49579

(c) The district's rider density is at or below the median	49580
rider density of all districts that qualify for calculation of a	49581
payment under division (E) of this section.	49582

(H) Each city, local, and exempted village school district	49583
shall report all data used to calculate funding for transportation	49584
under this section through the education management information	49585
system pursuant to section 3301.0714 of the Revised Code.	49586

Sec. 3317.0213. (A) The department of education shall compute	49587
and pay to each school district in accordance with this section	49588
additional state aid for preschool special education children to	49589
each city, local, and exempted village school district and to each	49590
institution, as defined in section 3323.091 of the Revised Code.	49591
Funding shall be provided for children who are not enrolled in	49592
kindergarten and who are under age six on the thirtieth day of	49593
September of the academic year, or on the first day of August of	49594
the academic year if the school district in which the child is	49595
enrolled has adopted a resolution under division (A)(3) of section	49596
3321.01 of the Revised Code, but not less than age three on the	49597
first day of December of the academic year.	49598

The additional state aid shall be calculated under the	49599
following formula:	49600

($4,000 X the number of preschool special education children)	49601
+ the sum of the following:	49602

(1) The district's or institution's category one special	49603
education preschool students X the multiple specified in division	49604
(A) of section 3317.013 of the Revised Code X the formula amount X	49605
the district's state share index X 0.50;	49606

(2) The district's or institution's category two special	49607
education preschool students X the multiple specified in division	49608
(B) of section 3317.013 of the Revised Code X the formula amount X	49609
the district's state share index X 0.50;	49610

(3) The district's or institution's category three special	49611
education preschool students X the multiple specified in division	49612
(C) of section 3317.013 of the Revised Code X the formula amount X	49613
the district's state share index X 0.50;	49614

(4) The district's or institution's category four special	49615
education preschool students X the multiple specified in division	49616
(D) of section 3317.013 of the Revised Code X the formula amount X	49617
the district's state share index X 0.50;	49618

(5) The district's or institution's category five special	49619
education preschool students X the multiple specified in division	49620
(E) of section 3317.013 of the Revised Code X the formula amount X	49621
the district's state share index X 0.50;	49622

(6) The district's or institution's category six special	49623
education preschool students X the multiple specified in division	49624
(F) of section 3317.013 of the Revised Code X the formula amount X	49625
the district's state share index X 0.50.	49626

The special education disability categories for preschool	49627
children used in this section are the same categories prescribed	49628
in section 3317.013 of the Revised Code.	49629

As used in division (A) of this section, the state share	49630
index of a student enrolled in an institution is the state share	49631
index of the school district in which the student is entitled to	49632
attend school under section 3313.64 or 3313.65 of the Revised	49633
Code.	49634

(B) If an educational service center is providing services to	49635
preschool special education students under agreement with the	49636
city, local, or exempted village school district in which the	49637
students are entitled to attend school, that district may	49638
authorize the department to transfer funds computed under this	49639
section to the service center providing those services.	49640

(C)(1) If a county DD board is providing services to	49641
preschool special education students under agreement with the	49642
city, local, or exempted village school district in which the	49643
students are entitled to attend school, the department shall	49644
deduct from the district's payment computed under division (A) of	49645
this section the total amount of those funds that are attributable	49646
to the students served by the county DD board and pay that amount	49647
to that board.	49648

(2) In addition, for any fiscal year, no county DD board	49649
shall receive in total funding for preschool special education	49650
services an amount that is less than what it received for the	49651
previous fiscal year, as determined by the department. If	49652
necessary, the department shall increase the state payment to a	49653
county DD board to comply with division (C)(2) of this section.	49654

Sec. 3317.0214. (A) The department shall compute and pay in	49655
accordance with this section additional state aid to school	49656
districts for students in categories two through six special	49657
education ADM. If a district's costs for the fiscal year for a	49658
student in its categories two through six special education ADM	49659
exceed the threshold catastrophic cost for serving the student,	49660
the district may submit to the superintendent of public	49661
instruction documentation, as prescribed by the superintendent, of	49662
all its costs for that student. Upon submission of documentation	49663
for a student of the type and in the manner prescribed, the	49664
department shall pay to the district an amount equal to the sum of	49665
the following:	49666

(1) One-half of the district's costs for the student in	49667
excess of the threshold catastrophic cost;	49668

(2) The product of one-half of the district's costs for the	49669
student in excess of the threshold catastrophic cost multiplied by	49670
the district's state share index.	49671

(B) For purposes of division (A) of this section, the	49672
threshold catastrophic cost for serving a student equals:	49673

(1) For a student in the school district's category two,	49674
three, four, or five special education ADM, twenty-seven thousand	49675
three hundred seventy-five dollars;	49676

(2) For a student in the district's category six special	49677
education ADM, thirty-two thousand eight hundred fifty dollars.	49678

(C) The district shall report under division (A) of this	49679
section, and the department shall pay for, only the costs of	49680
educational expenses and the related services provided to the	49681
student in accordance with the student's individualized education	49682
program. Any legal fees, court costs, or other costs associated	49683
with any cause of action relating to the student may not be	49684
included in the amount.	49685

Sec. 3317.0217. Payment of the amount calculated for a school	49686
district under this section shall be made under division (A) of	49687
section 3317.022 of the Revised Code.	49688

(A) The department of education shall annually compute	49689
targeted assistance funds to school districts, as follows:	49690

(1) Calculate the local wealth per pupil of each school	49691
district, which equals the following sum:	49692

(a) One-half times the quotient of (i) the district's	49693
three-year average valuation divided by (ii) its formula ADM; plus	49694

(b) One-half times the quotient of (i) the average of the	49695
total federal adjusted gross income of the school district's	49696
residents for the three years most recently reported under section	49697
3317.021 of the Revised Code divided by (ii) its formula ADM.	49698

(2) Rank all school districts in order of local wealth per	49699
pupil, from the district with the lowest local wealth per pupil to	49700
the district with the highest local wealth per pupil.	49701

(3) Compute the statewide wealth per pupil, which equals the	49702
following sum:	49703

(a) One-half times the quotient of (i) the sum of the	49704
three-year average valuations for all school districts divided by	49705
(ii) the sum of formula ADM counts for all schools districts; plus	49706

(b) One-half times the quotient of (i) the sum of the	49707
three-year average total federal adjusted gross incomes for all	49708
school districts divided by (ii) the sum of formula ADM counts for	49709
all school districts.	49710

(4) Compute each district's wealth index by dividing the	49711
statewide wealth per pupil by the district's local wealth per	49712
pupil.	49713

(5) Compute the per pupil targeted assistance for each	49714
eligible school district in accordance with the following formula:	49715

(Threshold local wealth per pupil - the district's local wealth	49716
per pupil)	49717

X target millage X the district's wealth index	49718

Where:

49719

(a) An "eligible school district" means a school district	49720
with a local wealth per pupil less than that of the school	49721
district with the 490th lowest local wealth per pupil.	49722

(b) "Threshold local wealth per pupil" means the local wealth	49723
per pupil of the school district with the 490th lowest local	49724
wealth per pupil.	49725

49726

If the result of the calculation for a school district under	49727
division (A)(5) of this section is less than zero, the district's	49728
targeted assistance shall be zero.	49729

(6) Calculate the aggregate amount to be paid as targeted	49730
assistance funds to each school district under division (A) of	49731
section 3317.022 of the Revised Code by multiplying the per pupil	49732
targeted assistance computed under division (A)(5) of this section	49733
by the district's net formula ADM.	49734

As used in this division, a district's "net formula ADM"	49735
means its formula ADM minus both the number of internet- and	49736
computer-based community school students reported under division	49737
(B)(3)(e) of section 3317.03 of the Revised Code and scholarship	49738
students reported under divisions (B)(3)(f) and (g) of that	49739
section.	49740

(B) The department shall annually compute supplemental	49741
targeted assistance funds to school districts, as follows:	49742

(1) Compute each district's agricultural percentage as the	49743
quotient of (a) the three-year average tax valuation of real	49744
property in the district that is classified as agricultural	49745
property divided by (b) the three-year average tax valuation of	49746
all of the real property in the district. For purposes of this	49747
computation, a district's "three-year average tax valuation" means	49748
the average of a district's tax valuation for fiscal years 2012,	49749
2013, and 2014.	49750

(2) Determine each district's agricultural targeted	49751
percentage as follows:	49752

(a) If a district's agricultural percentage is greater than	49753
or equal to 0.10, then the district's agricultural targeted	49754
percentage shall be equal to 0.40.	49755

(b) If a district's agricultural percentage is less than	49756
0.10, then the district's agricultural targeted percentage shall	49757
be equal to 4 X the district's agricultural percentage.	49758

(3) Calculate the aggregate amount to be paid as supplemental	49759
targeted assistance funds to each school district under division	49760
(A) of section 3317.022 of the Revised Code by multiplying the	49761
district's agricultural targeted percentage by the amount	49762
calculated for the district under division (A)(6) of this section.	49763

Sec. 3317.03. (A) The superintendent of each city, local,	49764
and exempted village school district and of each educational	49765
service center shall, for the schools under the superintendent's	49766
supervision, certify to the state board of education on or before	49767
the fifteenth day of ~~October in~~ each ~~year~~month for the first full	49768
school week ~~in October~~of that month the average daily membership	49769
of students receiving services from schools under the	49770
superintendent's supervision, and the numbers of other students	49771
entitled to attend school in the district under section 3313.64 or	49772
3313.65 of the Revised Code the superintendent is required to	49773
report under this section, so that the department of education can	49774
calculate the district's formula ADM. If a school under the	49775
superintendent's supervision is closed for one or more days during	49776
~~that~~a week for which the average daily membership must be	49777
certified due to hazardous weather conditions or other	49778
circumstances described in ~~the first paragraph of~~ division	49779
~~(B)~~(A)(1) of section ~~3317.01~~3313.482 of the Revised Code, the	49780
superintendent may apply to the superintendent of public	49781
instruction for a waiver, under which the superintendent of public	49782
instruction may exempt the district superintendent from certifying	49783
the average daily membership for that school for that week and	49784
specify an alternate week in the same month for certifying the	49785
average daily membership of that school.	49786

The average daily membership during ~~such~~a week shall consist	49787
of the sum of the following:	49788

(1) On an FTE basis, the number of students in grades	49789
kindergarten through twelve receiving any educational services	49790
from the district, except that the following categories of	49791
students shall not be included in the determination:	49792

(a) Students enrolled in adult education classes;

49793

(b) Adjacent or other district students enrolled in the	49794
district under an open enrollment policy pursuant to section	49795
3313.98 of the Revised Code;	49796

(c) Students receiving services in the district pursuant to a	49797
compact, cooperative education agreement, or a contract, but who	49798
are entitled to attend school in another district pursuant to	49799
section 3313.64 or 3313.65 of the Revised Code;	49800

(d) Students for whom tuition is payable pursuant to sections	49801
3317.081 and 3323.141 of the Revised Code;	49802

(e) Students receiving services in the district through a	49803
scholarship awarded under either section 3310.41 or sections	49804
3310.51 to 3310.64 of the Revised Code.	49805

(2) On an FTE basis, the number of students entitled to	49806
attend school in the district pursuant to section 3313.64 or	49807
3313.65 of the Revised Code, but receiving educational services in	49808
grades kindergarten through twelve from one or more of the	49809
following entities:	49810

(a) A community school pursuant to Chapter 3314. of the	49811
Revised Code, including any participation in a college pursuant to	49812
Chapter 3365. of the Revised Code while enrolled in such community	49813
school;	49814

(b) An alternative school pursuant to sections 3313.974 to	49815
3313.979 of the Revised Code as described in division (I)(2)(a) or	49816
(b) of this section;	49817

(c) A college pursuant to Chapter 3365. of the Revised Code,	49818
except when the student is enrolled in the college while also	49819
enrolled in a community school pursuant to Chapter 3314. or; a	49820
science, technology, engineering, and mathematics school	49821
established under Chapter 3326. of the Revised Code;	49822

(d) An adjacent or other school district under an open	49823
enrollment policy adopted pursuant to section 3313.98 of the	49824
Revised Code;	49825

(e) An educational service center or cooperative education	49826
district;	49827

(f) Another school district under a cooperative education	49828
agreement, compact, or contract;	49829

(g) A chartered nonpublic school with a scholarship paid	49830
under section 3310.08 of the Revised Code, if the students	49831
qualified for the scholarship under section 3310.03 of the Revised	49832
Code;	49833

(h) An alternative public provider or a registered private	49834
provider with a scholarship awarded under either section 3310.41	49835
or sections 3310.51 to 3310.64 of the Revised Code.	49836

As used in this section, "alternative public provider" and	49837
"registered private provider" have the same meanings as in section	49838
3310.41 or 3310.51 of the Revised Code, as applicable.	49839

(i) A science, technology, engineering, and mathematics	49840
school established under Chapter 3326. of the Revised Code,	49841
including any participation in a college pursuant to Chapter 3365.	49842
of the Revised Code while enrolled in the school;	49843

(j) A college-preparatory boarding school established under	49844
Chapter 3328. of the Revised Code.	49845

(3) The number of students enrolled in a joint vocational	49846
school district or under a ~~vocational~~career-technical education	49847
compact, excluding any students entitled to attend school in the	49848
district under section 3313.64 or 3313.65 of the Revised Code who	49849
are enrolled in another school district through an open enrollment	49850
policy as reported under division (A)(2)(d) of this section and	49851
then enroll in a joint vocational school district or under a	49852
~~vocational~~career-technical education compact;	49853

~~(4) The number of children with disabilities, other than~~	49854
~~preschool children with disabilities, entitled to attend school in~~	49855
~~the district pursuant to section 3313.64 or 3313.65 of the Revised~~	49856
~~Code who are placed by the district with a county DD board, minus~~	49857
~~the number of such children placed with a county DD board in~~	49858
~~fiscal year 1998. If this calculation produces a negative number,~~	49859
~~the number reported under division (A)(4) of this section shall be~~	49860
~~zero~~.	49861

(B) To enable the department of education to obtain the data	49862
needed to complete the calculation of payments pursuant to this	49863
chapter, in addition to the average daily membership, each	49864
superintendent shall report separately the following student	49865
counts for the same ~~week~~weeks for which average daily membership	49866
is certified:	49867

(1) The total average daily membership in regular learning	49868
day classes included in the report under division (A)(1) or (2) of	49869
this section for each of the individual grades kindergarten	49870
through twelve in schools under the superintendent's supervision;	49871

(2) The number of all preschool children with disabilities	49872
enrolled as of the first day of December in classes in the	49873
district ~~that are~~for whom the district is eligible ~~for approval~~	49874
to receive funding under ~~division (B) of~~ section ~~3317.05~~3317.0213	49875
of the Revised Code and the number of those classes, which shall	49876
be reported not later than the fifteenth day of December, in	49877
accordance with ~~rules adopted under that~~the disability categories	49878
prescribed in section 3317.013 of the Revised Code;	49879

(3) The number of children entitled to attend school in the	49880
district pursuant to section 3313.64 or 3313.65 of the Revised	49881
Code who are:	49882

(a) Participating in a pilot project scholarship program	49883
established under sections 3313.974 to 3313.979 of the Revised	49884
Code as described in division (I)(2)(a) or (b) of this section;	49885

(b) Enrolled in a college under Chapter 3365. of the Revised	49886
Code, except when the student is enrolled in the college while	49887
also enrolled in a community school pursuant to Chapter 3314. or;	49888
a science, technology, engineering, and mathematics school	49889
established under Chapter 3326. of the Revised Code;	49890

(c) Enrolled in an adjacent or other school district under	49891
section 3313.98 of the Revised Code;	49892

(d) Enrolled in a community school established under Chapter	49893
3314. of the Revised Code that is not an internet- or	49894
computer-based community school as defined in section 3314.02 of	49895
the Revised Code, including any participation in a college	49896
pursuant to Chapter 3365. of the Revised Code while enrolled in	49897
such community school;	49898

(e) Enrolled in an internet- or computer-based community	49899
school, as defined in section 3314.02 of the Revised Code,	49900
including any participation in a college pursuant to Chapter 3365.	49901
of the Revised Code while enrolled in the school;	49902

(f) Enrolled in a chartered nonpublic school with a	49903
scholarship paid under section 3310.08 of the Revised Code and who	49904
qualified for the scholarship under section 3310.03 of the Revised	49905
Code;	49906

(g) Enrolled in kindergarten through grade twelve in an	49907
alternative public provider or a registered private provider with	49908
a scholarship awarded under section 3310.41 of the Revised Code;	49909

(h) Enrolled as a preschool child with a disability in an	49910
alternative public provider or a registered private provider with	49911
a scholarship awarded under section 3310.41 of the Revised Code;	49912

(i) Participating in a program operated by a county DD board	49913
or a state institution;	49914

(j) Enrolled in a science, technology, engineering, and	49915
mathematics school established under Chapter 3326. of the Revised	49916
Code, including any participation in a college pursuant to Chapter	49917
3365. of the Revised Code while enrolled in the school;	49918

(k) Enrolled in a college-preparatory boarding school	49919
established under Chapter 3328. of the Revised Code.	49920

(4) The number of pupils enrolled in joint vocational	49921
schools;	49922

(5) The combined average daily membership of children with	49923
disabilities reported under division (A)(1) or (2) of this section	49924
receiving special education services for the category one	49925
disability described in division (A) of section 3317.013 of the	49926
Revised Code, including children attending a special education	49927
program operated by an alternative public provider or a registered	49928
private provider with a scholarship awarded under sections 3310.51	49929
to 3310.64 of the Revised Code;	49930

(6) The combined average daily membership of children with	49931
disabilities reported under division (A)(1) or (2) of this section	49932
receiving special education services for category two disabilities	49933
described in division (B) of section 3317.013 of the Revised Code,	49934
including children attending a special education program operated	49935
by an alternative public provider or a registered private provider	49936
with a scholarship awarded under sections 3310.51 to 3310.64 of	49937
the Revised Code;	49938

(7) The combined average daily membership of children with	49939
disabilities reported under division (A)(1) or (2) of this section	49940
receiving special education services for category three	49941
disabilities described in division (C) of section 3317.013 of the	49942
Revised Code, including children attending a special education	49943
program operated by an alternative public provider or a registered	49944
private provider with a scholarship awarded under sections 3310.51	49945
to 3310.64 of the Revised Code;	49946

(8) The combined average daily membership of children with	49947
disabilities reported under division (A)(1) or (2) of this section	49948
receiving special education services for category four	49949
disabilities described in division (D) of section 3317.013 of the	49950
Revised Code, including children attending a special education	49951
program operated by an alternative public provider or a registered	49952
private provider with a scholarship awarded under sections 3310.51	49953
to 3310.64 of the Revised Code;	49954

(9) The combined average daily membership of children with	49955
disabilities reported under division (A)(1) or (2) of this section	49956
receiving special education services for the category five	49957
disabilities described in division (E) of section 3317.013 of the	49958
Revised Code, including children attending a special education	49959
program operated by an alternative public provider or a registered	49960
private provider with a scholarship awarded under sections 3310.51	49961
to 3310.64 of the Revised Code;	49962

(10) The combined average daily membership of children with	49963
disabilities reported under division (A)(1) or (2) and under	49964
division (B)(3)(h) of this section receiving special education	49965
services for category six disabilities described in division (F)	49966
of section 3317.013 of the Revised Code, including children	49967
attending a special education program operated by an alternative	49968
public provider or a registered private provider with a	49969
scholarship awarded under either section 3310.41 or sections	49970
3310.51 to 3310.64 of the Revised Code;	49971

(11) The average daily membership of pupils reported under	49972
division (A)(1) or (2) of this section enrolled in category one	49973
~~vocational~~career-technical education programs or classes,	49974
described in division (A) of section 3317.014 of the Revised Code,	49975
operated by the school district or by another district, other than	49976
a joint vocational school district, or by an educational service	49977
center, excluding any student reported under division (B)(3)(e) of	49978
this section as enrolled in an internet- or computer-based	49979
community school, notwithstanding division ~~(C)~~(H) of section	49980
3317.02 of the Revised Code and division (C)(3) of this section;	49981

(12) The average daily membership of pupils reported under	49982
division (A)(1) or (2) of this section enrolled in category two	49983
~~vocational~~career-technical education programs or services,	49984
described in division (B) of section 3317.014 of the Revised Code,	49985
operated by the school district or another school district, other	49986
than a joint vocational school district, or by an educational	49987
service center, excluding any student reported under division	49988
(B)(3)(e) of this section as enrolled in an internet- or	49989
computer-based community school, notwithstanding division ~~(C)~~(H)	49990
of section 3317.02 of the Revised Code and division (C)(3) of this	49991
section;	49992

~~Beginning with fiscal year 2010, vocational education ADM~~	49993
~~shall not be used to calculate a district's funding but shall be~~	49994
~~reported under divisions (B)(11) and (12) of this section for~~	49995
~~statistical purposes.~~	49996

(13) The average daily membership of pupils reported under	49997
division (A)(1) or (2) of this section enrolled in category three	49998
career-technical education programs or services, described in	49999
division (C) of section 3317.014 of the Revised Code, operated by	50000
the school district or another school district, other than a joint	50001
vocational school district, or by an educational service center,	50002
excluding any student reported under division (B)(3)(e) of this	50003
section as enrolled in an internet- or computer-based community	50004
school, notwithstanding division (H) of section 3317.02 of the	50005
Revised Code and division (C)(3) of this section;	50006

(14) The average daily membership of pupils reported under	50007
division (A)(1) or (2) of this section enrolled in category four	50008
career-technical education programs or services, described in	50009
division (D) of section 3317.014 of the Revised Code, operated by	50010
the school district or another school district, other than a joint	50011
vocational school district, or by an educational service center,	50012
excluding any student reported under division (B)(3)(e) of this	50013
section as enrolled in an internet- or computer-based community	50014
school, notwithstanding division (H) of section 3317.02 of the	50015
Revised Code and division (C)(3) of this section;	50016

(15) The average daily membership of pupils reported under	50017
division (A)(1) or (2) of this section enrolled in category five	50018
career-technical education programs or services, described in	50019
division (E) of section 3317.014 of the Revised Code, operated by	50020
the school district or another school district, other than a joint	50021
vocational school district, or by an educational service center,	50022
excluding any student reported under division (B)(3)(e) of this	50023
section as enrolled in an internet- or computer-based community	50024
school, notwithstanding division (H) of section 3317.02 of the	50025
Revised Code and division (C)(3) of this section;	50026

(16) The average daily membership of pupils reported under	50027
division (A)(1) or (2) of this section who are limited English	50028
proficient students described in division (A) of section 3317.016	50029
of the Revised Code;	50030

(17) The average daily membership of pupils reported under	50031
division (A)(1) or (2) of this section who are limited English	50032
proficient students described in division (B) of section 3317.016	50033
of the Revised Code;	50034

(18) The average daily membership of pupils reported under	50035
division (A)(1) or (2) of this section who are limited English	50036
proficient students described in division (C) of section 3317.016	50037
of the Revised Code;	50038

(19) The average number of children transported by the school	50039
district on board-owned or contractor-owned and -operated buses,	50040
reported in accordance with rules adopted by the department of	50041
education;	50042

~~(14)~~(20)(a) The number of children, other than preschool	50043
children with disabilities, the district placed with a county DD	50044
board in fiscal year 1998;. Division (B)(20)(a) of this section	50045
does not apply after fiscal year 2013.	50046

(b) The number of children with disabilities, other than	50047
preschool children with disabilities, placed with a county DD	50048
board in the current fiscal year to receive special education	50049
services for the category one disability described in division (A)	50050
of section 3317.013 of the Revised Code;	50051

(c) The number of children with disabilities, other than	50052
preschool children with disabilities, placed with a county DD	50053
board in the current fiscal year to receive special education	50054
services for category two disabilities described in division (B)	50055
of section 3317.013 of the Revised Code;	50056

(d) The number of children with disabilities, other than	50057
preschool children with disabilities, placed with a county DD	50058
board in the current fiscal year to receive special education	50059
services for category three disabilities described in division (C)	50060
of section 3317.013 of the Revised Code;	50061

(e) The number of children with disabilities, other than	50062
preschool children with disabilities, placed with a county DD	50063
board in the current fiscal year to receive special education	50064
services for category four disabilities described in division (D)	50065
of section 3317.013 of the Revised Code;	50066

(f) The number of children with disabilities, other than	50067
preschool children with disabilities, placed with a county DD	50068
board in the current fiscal year to receive special education	50069
services for the category five disabilities described in division	50070
(E) of section 3317.013 of the Revised Code;	50071

(g) The number of children with disabilities, other than	50072
preschool children with disabilities, placed with a county DD	50073
board in the current fiscal year to receive special education	50074
services for category six disabilities described in division (F)	50075
of section 3317.013 of the Revised Code.	50076

(21) The number of students who are economically	50077
disadvantaged, as defined by the department. A student shall not	50078
be categorically excluded from the number reported under division	50079
(B)(21) of this section based on anything other than family	50080
income.	50081

(C)(1) The average daily membership in divisions (B)(1) to	50082
(12) of this section shall be based upon the number of full-time	50083
equivalent students. The state board of education shall adopt	50084
rules defining full-time equivalent students and for determining	50085
the average daily membership therefrom for the purposes of	50086
divisions (A), (B), and (D) of this section. ~~Each student enrolled~~	50087
~~in kindergarten shall be counted as one full-time equivalent~~	50088
~~student regardless of whether the student is enrolled in a~~	50089
~~part-day or all-day kindergarten class.~~	50090

(2) A student enrolled in a community school established	50091
under Chapter 3314., a science, technology, engineering, and	50092
mathematics school established under Chapter 3326., or a	50093
college-preparatory boarding school established under Chapter	50094
3328. of the Revised Code shall be counted in the formula ADM and,	50095
if applicable, the category one, two, three, four, five, or six	50096
special education ADM of the school district in which the student	50097
is entitled to attend school under section 3313.64 or 3313.65 of	50098
the Revised Code for the same proportion of the school year that	50099
the student is counted in the enrollment of the community school,	50100
the science, technology, engineering, and mathematics school, or	50101
the college-preparatory boarding school for purposes of section	50102
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	50103
the number of students reported pursuant to division (B)(3)(d),	50104
(e), (j), or (k) of this section, the department may adjust the	50105
formula ADM of a school district to account for students entitled	50106
to attend school in the district under section 3313.64 or 3313.65	50107
of the Revised Code who are enrolled in a community school, a	50108
science, technology, engineering, and mathematics school, or a	50109
college-preparatory boarding school for only a portion of the	50110
school year.	50111

(3) No child shall be counted as more than a total of one	50112
child in the sum of the average daily memberships of a school	50113
district under division (A), divisions (B)(1) to ~~(12)~~(22), or	50114
division (D) of this section, except as follows:	50115

(a) A child with a disability described in section 3317.013	50116
of the Revised Code may be counted both in formula ADM and in	50117
category one, two, three, four, five, or six special education ADM	50118
and, if applicable, in category one or two ~~vocational~~	50119
career-technical education ADM. As provided in division ~~(C)~~(H) of	50120
section 3317.02 of the Revised Code, such a child shall be counted	50121
in category one, two, three, four, five, or six special education	50122
ADM in the same proportion that the child is counted in formula	50123
ADM.	50124

(b) A child enrolled in ~~vocational~~career-technical education	50125
programs or classes described in section 3317.014 of the Revised	50126
Code may be counted both in formula ADM and category one or, two	50127
~~vocational~~, three, four, or five career-technical education ADM	50128
and, if applicable, in category one, two, three, four, five, or	50129
six special education ADM. Such a child shall be counted in	50130
category one or, two ~~vocational~~, three, four, or five	50131
career-technical education ADM in the same proportion as the	50132
percentage of time that the child spends in the ~~vocational~~	50133
career-technical education programs or classes.	50134

(4) Based on the information reported under this section, the	50135
department of education shall determine the total student count,	50136
as defined in section 3301.011 of the Revised Code, for each	50137
school district.	50138

(D)(1) The superintendent of each joint vocational school	50139
district shall certify to the superintendent of public instruction	50140
on or before the fifteenth day of ~~October in~~ each ~~year~~month for	50141
the first full school week ~~in October the formula ADM, for~~	50142
~~purposes of section 3318.42 of the Revised Code and for any other~~	50143
~~purpose prescribed by law for which "formula ADM" of the joint~~	50144
~~vocational district is a factor~~of that month the average daily	50145
membership. If a school operated by the joint vocational school	50146
district is closed for one or more days during ~~that~~a week for	50147
which the average daily membership must be certified due to	50148
hazardous weather conditions or other circumstances described in	50149
~~the first paragraph of~~ division ~~(B)~~(A)(1) of section ~~3317.01~~	50150
3313.482 of the Revised Code, the superintendent may apply to the	50151
superintendent of public instruction for a waiver, under which the	50152
superintendent of public instruction may exempt the district	50153
superintendent from certifying the ~~formula ADM~~average daily	50154
membership for that school for that week and specify an alternate	50155
week in the same month for certifying the ~~formula ADM~~average	50156
daily membership of that school.	50157

The ~~formula ADM~~average daily membership, except as otherwise	50158
provided in this division, shall consist of the average daily	50159
membership during ~~such~~a week, on an FTE basis, of the number of	50160
students receiving any educational services from the district,	50161
including students enrolled in a community school established	50162
under Chapter 3314. or a science, technology, engineering, and	50163
mathematics school established under Chapter 3326. of the Revised	50164
Code who are attending the joint vocational district ~~under an~~	50165
~~agreement between the district board of education and the~~	50166
~~governing authority of the community school or the governing body~~	50167
~~of the science, technology, engineering, and mathematics school~~	50168
and are entitled to attend school in a city, local, or exempted	50169
village school district whose territory is part of the territory	50170
of the joint vocational district.	50171

The following categories of students shall not be included in	50172
the determination made under division (D)(1) of this section:	50173

(a) Students enrolled in adult education classes;

50174

(b) Adjacent or other district joint vocational students	50175
enrolled in the district under an open enrollment policy pursuant	50176
to section 3313.98 of the Revised Code;	50177

(c) Students receiving services in the district pursuant to a	50178
compact, cooperative education agreement, or a contract, but who	50179
are entitled to attend school in a city, local, or exempted	50180
village school district whose territory is not part of the	50181
territory of the joint vocational district;	50182

(d) Students for whom tuition is payable pursuant to sections	50183
3317.081 and 3323.141 of the Revised Code.	50184

(2) To enable the department of education to obtain the data	50185
needed to complete the calculation of payments pursuant to this	50186
chapter, in addition to the ~~formula~~ ADM, each superintendent shall	50187
report separately the average daily membership included in the	50188
report under division (D)(1) of this section for each of the	50189
following categories of students for each of the ~~same week~~weeks	50190
for which ~~formula~~ ADM is certified:	50191

(a) Students enrolled in each individual grade included in	50192
the joint vocational district schools;	50193

(b) Children with disabilities receiving special education	50194
services for the category one disability described in division (A)	50195
of section 3317.013 of the Revised Code;	50196

(c) Children with disabilities receiving special education	50197
services for the category two disabilities described in division	50198
(B) of section 3317.013 of the Revised Code;	50199

(d) Children with disabilities receiving special education	50200
services for category three disabilities described in division (C)	50201
of section 3317.013 of the Revised Code;	50202

(e) Children with disabilities receiving special education	50203
services for category four disabilities described in division (D)	50204
of section 3317.013 of the Revised Code;	50205

(f) Children with disabilities receiving special education	50206
services for the category five disabilities described in division	50207
(E) of section 3317.013 of the Revised Code;	50208

(g) Children with disabilities receiving special education	50209
services for category six disabilities described in division (F)	50210
of section 3317.013 of the Revised Code;	50211

(h) Students receiving category one ~~vocational~~	50212
career-technical education services, described in division (A) of	50213
section 3317.014 of the Revised Code;	50214

(i) Students receiving category two ~~vocational~~	50215
career-technical education services, described in division (B) of	50216
section 3317.014 of the Revised Code;	50217

(j) Students receiving category three career-technical	50218
education services, described in division (C) of section 3317.014	50219
of the Revised Code;	50220

(k) Students receiving category four career-technical	50221
education services, described in division (D) of section 3317.014	50222
of the Revised Code;	50223

(l) Students receiving category five career-technical	50224
education services, described in division (E) of section 3317.014	50225
of the Revised Code;	50226

(m) Limited English proficient students described in division	50227
(A) of section 3317.016 of the Revised Code;	50228

(n) Limited English proficient students described in division	50229
(B) of section 3317.016 of the Revised Code;	50230

(o) Limited English proficient students described in division	50231
(C) of section 3317.016 of the Revised Code;	50232

(p) Students who are economically disadvantaged, as defined	50233
by the department. A student shall not be categorically excluded	50234
from the number reported under division (D)(2)(p) of this section	50235
based on anything other than family income.	50236

The superintendent of each joint vocational school district	50237
shall also indicate the city, local, or exempted village school	50238
district in which each joint vocational district pupil is entitled	50239
to attend school pursuant to section 3313.64 or 3313.65 of the	50240
Revised Code.	50241

(E) In each school of each city, local, exempted village,	50242
joint vocational, and cooperative education school district there	50243
shall be maintained a record of school membership, which record	50244
shall accurately show, for each day the school is in session, the	50245
actual membership enrolled in regular day classes. For the purpose	50246
of determining average daily membership, the membership figure of	50247
any school shall not include any pupils except those pupils	50248
described by division (A) of this section. The record of	50249
membership for each school shall be maintained in such manner that	50250
no pupil shall be counted as in membership prior to the actual	50251
date of entry in the school and also in such manner that where for	50252
any cause a pupil permanently withdraws from the school that pupil	50253
shall not be counted as in membership from and after the date of	50254
such withdrawal. There shall not be included in the membership of	50255
any school any of the following:	50256

(1) Any pupil who has graduated from the twelfth grade of a	50257
public or nonpublic high school;	50258

(2) Any pupil who is not a resident of the state;

50259

(3) Any pupil who was enrolled in the schools of the district	50260
during the previous school year when assessments were administered	50261
under section 3301.0711 of the Revised Code but did not take one	50262
or more of the assessments required by that section and was not	50263
excused pursuant to division (C)(1) or (3) of that section;	50264

(4) Any pupil who has attained the age of twenty-two years,	50265
except for veterans of the armed services whose attendance was	50266
interrupted before completing the recognized twelve-year course of	50267
the public schools by reason of induction or enlistment in the	50268
armed forces and who apply for reenrollment in the public school	50269
system of their residence not later than four years after	50270
termination of war or their honorable discharge.	50271

If, however, any veteran described by division (E)(4) of this	50272
section elects to enroll in special courses organized for veterans	50273
for whom tuition is paid under the provisions of federal laws, or	50274
otherwise, that veteran shall not be included in average daily	50275
membership.	50276

Notwithstanding division (E)(3) of this section, the	50277
membership of any school may include a pupil who did not take an	50278
assessment required by section 3301.0711 of the Revised Code if	50279
the superintendent of public instruction grants a waiver from the	50280
requirement to take the assessment to the specific pupil and a	50281
parent is not paying tuition for the pupil pursuant to section	50282
3313.6410 of the Revised Code. The superintendent may grant such a	50283
waiver only for good cause in accordance with rules adopted by the	50284
state board of education.	50285

Except as provided in divisions (B)(2) and (F) of this	50286
section, the average daily membership figure of any local, city,	50287
exempted village, or joint vocational school district shall be	50288
determined by dividing the figure representing the sum of the	50289
number of pupils enrolled during each day the school of attendance	50290
is actually open for instruction during the week for which the	50291
average daily membership is being certified by the total number of	50292
days the school was actually open for instruction during that	50293
week. For purposes of state funding, "enrolled" persons are only	50294
those pupils who are attending school, those who have attended	50295
school during the current school year and are absent for	50296
authorized reasons, and those children with disabilities currently	50297
receiving home instruction.	50298

The average daily membership figure of any cooperative	50299
education school district shall be determined in accordance with	50300
rules adopted by the state board of education.	50301

(F)(1) ~~If the formula ADM for the first full school week in~~	50302
~~February is at least three per cent greater than that certified~~	50303
~~for the first full school week in the preceding October, the~~	50304
~~superintendent of schools of any city, exempted village, or joint~~	50305
~~vocational school district or educational service center shall~~	50306
~~certify such increase to the superintendent of public instruction.~~	50307
~~Such certification shall be submitted no later than the fifteenth~~	50308
~~day of February. For the balance of the fiscal year, beginning~~	50309
~~with the February payments, the superintendent of public~~	50310
~~instruction shall use the increased formula ADM in calculating or~~	50311
~~recalculating the amounts to be allocated in accordance with~~	50312
~~section 3317.022 or 3317.16 of the Revised Code. In no event shall~~	50313
~~the superintendent use an increased membership certified to the~~	50314
~~superintendent after the fifteenth day of February. Division~~	50315
~~(F)(1) of this section does not apply after fiscal year 2006.~~	50316

~~(2) If on the first school day of April the total number of~~	50317
~~classes or units for preschool children with disabilities that are~~	50318
~~eligible for approval under division (B) of section 3317.05 of the~~	50319
~~Revised Code exceeds the number of units that have been approved~~	50320
~~for the year under that division, the superintendent of schools of~~	50321
~~any city, exempted village, or cooperative education school~~	50322
~~district or educational service center shall make the~~	50323
~~certifications required by this section for that day. If the~~	50324
~~department determines additional units can be approved for the~~	50325
~~fiscal year within any limitations set forth in the acts~~	50326
~~appropriating moneys for the funding of such units, the department~~	50327
~~shall approve additional units for the fiscal year on the basis of~~	50328
~~such average daily membership. For each unit so approved, the~~	50329
~~department shall pay an amount computed in the manner prescribed~~	50330
~~in section 3317.052 or 3317.19 and section 3317.053 of the Revised~~	50331
~~Code.~~	50332

~~(3)~~ If a student attending a community school under Chapter	50333
3314., a science, technology, engineering, and mathematics school	50334
established under Chapter 3326., or a college-preparatory boarding	50335
school established under Chapter 3328. of the Revised Code is not	50336
included in the formula ADM certified for the school district in	50337
which the student is entitled to attend school under section	50338
3313.64 or 3313.65 of the Revised Code, the department of	50339
education shall adjust the formula ADM of that school district to	50340
include the student in accordance with division (C)(2) of this	50341
section, and shall recalculate the school district's payments	50342
under this chapter for the entire fiscal year on the basis of that	50343
adjusted formula ADM. This requirement applies regardless of	50344
whether the student was enrolled, as defined in division (E) of	50345
this section, in the community school, the science, technology,	50346
engineering, and mathematics school, or the college-preparatory	50347
boarding school during the ~~week~~weeks for which the formula ADM is	50348
being certified.	50349

~~(4)~~(2) If a student awarded an educational choice scholarship	50350
is not included in the formula ADM of the school district from	50351
which the department deducts funds for the scholarship under	50352
section 3310.08 of the Revised Code, the department shall adjust	50353
the formula ADM of that school district to include the student to	50354
the extent necessary to account for the deduction, and shall	50355
recalculate the school district's payments under this chapter for	50356
the entire fiscal year on the basis of that adjusted formula ADM.	50357
This requirement applies regardless of whether the student was	50358
enrolled, as defined in division (E) of this section, in the	50359
chartered nonpublic school, the school district, or a community	50360
school during the ~~week~~weeks for which the formula ADM is being	50361
certified.	50362

~~(5)~~(3) If a student awarded a scholarship under the Jon	50363
Peterson special needs scholarship program is not included in the	50364
formula ADM of the school district from which the department	50365
deducts funds for the scholarship under section 3310.55 of the	50366
Revised Code, the department shall adjust the formula ADM of that	50367
school district to include the student to the extent necessary to	50368
account for the deduction, and shall recalculate the school	50369
district's payments under this chapter for the entire fiscal year	50370
on the basis of that adjusted formula ADM. This requirement	50371
applies regardless of whether the student was enrolled, as defined	50372
in division (E) of this section, in an alternative public	50373
provider, a registered private provider, or the school district	50374
during the ~~week~~weeks for which the formula ADM is being	50375
certified.	50376

(G)(1)(a) The superintendent of an institution operating a	50377
special education program pursuant to section 3323.091 of the	50378
Revised Code shall, for the programs under such superintendent's	50379
supervision, certify to the state board of education, in the	50380
manner prescribed by the superintendent of public instruction,	50381
both of the following:	50382

(i) The average daily membership of all children with	50383
disabilities other than preschool children with disabilities	50384
receiving services at the institution for each category of	50385
disability described in divisions (A) to (F) of section 3317.013	50386
of the Revised Code;	50387

(ii) The average daily membership of all preschool children	50388
with disabilities in classes or programs ~~approved annually by the~~	50389
~~department of education for unit~~for whom the district is eligible	50390
to receive funding under section ~~3317.05~~3317.0213 of the Revised	50391
Code, reported according to the categories prescribed in section	50392
3317.013 of the Revised Code.	50393

(b) The superintendent of an institution with ~~vocational~~	50394
career-technical education units approved under ~~division (A) of~~	50395
section 3317.05 of the Revised Code shall, for the units under the	50396
superintendent's supervision, certify to the state board of	50397
education the average daily membership in those units, in the	50398
manner prescribed by the superintendent of public instruction.	50399

(2) The superintendent of each county DD board that maintains	50400
special education classes under section 3317.20 of the Revised	50401
Code or ~~units approved~~provides services to preschool children	50402
with disabilities pursuant to ~~section 3317.05 of the Revised Code~~	50403
an agreement between the DD board and the appropriate school	50404
district shall do both of the following:	50405

(a) Certify to the state board, in the manner prescribed by	50406
the board, the average daily membership in classes under section	50407
3317.20 of the Revised Code for each school district that has	50408
placed children in the classes;	50409

(b) Certify to the state board, in the manner prescribed by	50410
the board, the number of all preschool children with disabilities	50411
enrolled as of the first day of December in classes for which the	50412
DD board is eligible ~~for approval~~to receive funding under	50413
~~division (B) of~~ section ~~3317.05~~3317.0213 of the Revised Code,	50414
reported according to the categories prescribed in section	50415
3317.013 of the Revised Code, and the number of those classes.	50416

~~(3)(a) If on the first school day of April the number of~~	50417
~~classes or units maintained for preschool children with~~	50418
~~disabilities by the county DD board that are eligible for approval~~	50419
~~under division (B) of section 3317.05 of the Revised Code is~~	50420
~~greater than the number of units approved for the year under that~~	50421
~~division, the superintendent shall make the certification required~~	50422
~~by this section for that day.~~	50423

~~(b) If the department determines that additional classes or~~	50424
~~units can be approved for the fiscal year within any limitations~~	50425
~~set forth in the acts appropriating moneys for the funding of the~~	50426
~~classes and units described in division (G)(3)(a) of this section,~~	50427
~~the department shall approve and fund additional units for the~~	50428
~~fiscal year on the basis of such average daily membership. For~~	50429
~~each unit so approved, the department shall pay an amount computed~~	50430
~~in the manner prescribed in sections 3317.052 and 3317.053 of the~~	50431
~~Revised Code.~~	50432

(H) Except as provided in division (I) of this section, when	50433
any city, local, or exempted village school district provides	50434
instruction for a nonresident pupil whose attendance is	50435
unauthorized attendance as defined in section 3327.06 of the	50436
Revised Code, that pupil's membership shall not be included in	50437
that district's membership figure used in the calculation of that	50438
district's formula ADM or included in the determination of any	50439
~~unit~~funding approved for the district under section ~~3317.05~~	50440
3317.0213 of the Revised Code. The reporting official shall report	50441
separately the average daily membership of all pupils whose	50442
attendance in the district is unauthorized attendance, and the	50443
membership of each such pupil shall be credited to the school	50444
district in which the pupil is entitled to attend school under	50445
division (B) of section 3313.64 or section 3313.65 of the Revised	50446
Code as determined by the department of education.	50447

(I)(1) A city, local, exempted village, or joint vocational	50448
school district admitting a scholarship student of a pilot project	50449
district pursuant to division (C) of section 3313.976 of the	50450
Revised Code may count such student in its average daily	50451
membership.	50452

(2) In any year for which funds are appropriated for pilot	50453
project scholarship programs, a school district implementing a	50454
state-sponsored pilot project scholarship program that year	50455
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	50456
count in average daily membership:	50457

(a) All children residing in the district and utilizing a	50458
scholarship to attend kindergarten in any alternative school, as	50459
defined in section 3313.974 of the Revised Code;	50460

(b) All children who were enrolled in the district in the	50461
preceding year who are utilizing a scholarship to attend an	50462
alternative school.	50463

(J) The superintendent of each cooperative education school	50464
district shall certify to the superintendent of public	50465
instruction, in a manner prescribed by the state board of	50466
education, the applicable average daily memberships for all	50467
students in the cooperative education district, also indicating	50468
the city, local, or exempted village district where each pupil is	50469
entitled to attend school under section 3313.64 or 3313.65 of the	50470
Revised Code.	50471

(K) If the superintendent of public instruction determines	50472
that a component of the average daily membership certified or	50473
reported by a district superintendent, or other reporting entity,	50474
is not correct, the superintendent of public instruction may order	50475
that the formula ADM used for the purposes of payments under any	50476
section of Title XXXIII of the Revised Code be adjusted in the	50477
amount of the error.	50478

Sec. 3317.032. ~~(A)~~ Each city, local, exempted village, and	50479
cooperative education school district, each educational service	50480
center, each county DD board, and each institution operating a	50481
special education program pursuant to section 3323.091 of the	50482
Revised Code shall, in accordance with procedures adopted by the	50483
state board of education, maintain a record of district membership	50484
of ~~both of the following:~~	50485

~~(1) All preschool children with disabilities in units~~	50486
~~approved under division (B) of section 3317.05 of the Revised~~	50487
~~Code;~~	50488

~~(2) All~~all preschool children with disabilities ~~who are not~~	50489
~~in units approved under division (B) of section 3317.05 of the~~	50490
~~Revised Code but~~ who are ~~otherwise~~ served by a special education	50491
program.	50492

~~(B) The superintendent of each district, board, or~~	50493
~~institution subject to division (A) of this section shall certify~~	50494
~~to the state board of education, in accordance with procedures~~	50495
~~adopted by that board, membership figures of all preschool~~	50496
~~children with disabilities whose membership is maintained under~~	50497
~~division (A)(2) of this section. The figures certified under this~~	50498
~~division shall be used in the determination of the ADM used to~~	50499
~~compute funds for educational service center governing boards~~	50500
~~under section 3317.11 of the Revised Code.~~	50501

Sec. 3317.05. (A) ~~For the purpose of calculating payments~~	50502
~~under sections 3317.052 and 3317.053 of the Revised Code, the~~The	50503
department of education shall determine for each institution, by	50504
the last day of January of each year and based on information	50505
certified under section 3317.03 of the Revised Code, the number of	50506
~~vocational~~career-technical education units or fractions of units	50507
approved by the department on the basis of standards and rules	50508
adopted by the state board of education. As used in this ~~division~~	50509
section, "institution" means an institution operated by a	50510
department specified in section 3323.091 of the Revised Code and	50511
that provides ~~vocational~~career-technical education programs under	50512
the supervision of the division of ~~vocational~~career-technical	50513
education of the department that meet the standards and rules for	50514
these programs, including licensure of professional staff involved	50515
in the programs, as established by the state board.	50516

(B) ~~For the purpose of calculating payments under sections~~	50517
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	50518
~~department shall determine, based on information certified under~~	50519
~~section 3317.03 of the Revised Code, the following by the last day~~	50520
~~of January of each year for each educational service center, for~~	50521
~~each school district, including each cooperative education school~~	50522
~~district, for each institution eligible for payment under section~~	50523
~~3323.091 of the Revised Code, and for each county DD board: the~~	50524
~~number of classes operated by the school district, service center,~~	50525
~~institution, or county DD board for preschool children with~~	50526
~~disabilities, or fraction thereof, including in the case of a~~	50527
~~district or service center that is a funding agent, classes taught~~	50528
~~by a licensed teacher employed by that district or service center~~	50529
~~under section 3313.841 of the Revised Code, approved annually by~~	50530
~~the department on the basis of standards and rules adopted by the~~	50531
~~state board.~~	50532

~~(C) For the purpose of calculating payments under sections~~	50533
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	50534
~~department shall determine, based on information certified under~~	50535
~~section 3317.03 of the Revised Code, the following by the last day~~	50536
~~of January of each year for each school district, including each~~	50537
~~cooperative education school district, for each institution~~	50538
~~eligible for payment under section 3323.091 of the Revised Code,~~	50539
~~and for each county DD board: the number of units for related~~	50540
~~services, as defined in section 3323.01 of the Revised Code, for~~	50541
~~preschool children with disabilities approved annually by the~~	50542
~~department on the basis of standards and rules adopted by the~~	50543
~~state board.~~	50544

~~(D)~~ All of the arithmetical calculations made under this	50545
section shall be carried to the second decimal place. The total	50546
number of units for ~~school districts, service centers, and~~	50547
institutions approved annually under this section shall not exceed	50548
the number of units included in the estimate of cost for these	50549
units and appropriations made for them by the general assembly.	50550

~~In the case of units for preschool children with disabilities~~	50551
~~described in division (B) of this section, the department shall~~	50552
~~approve only preschool units for children who are under age six on~~	50553
~~the thirtieth day of September of the academic year, or on the~~	50554
~~first day of August of the academic year if the school district in~~	50555
~~which the child is enrolled has adopted a resolution under~~	50556
~~division (A)(3) of section 3321.01 of the Revised Code, but not~~	50557
~~less than age three on the first day of December of the academic~~	50558
~~year, except that such a unit may include one or more children who~~	50559
~~are under age three or are age six or over on the applicable date,~~	50560
~~as reported under division (B)(2) or (G)(2)(b) of section 3317.03~~	50561
~~of the Revised Code, if such children have been admitted to the~~	50562
~~unit pursuant to rules of the state board. The number of units for~~	50563
~~county DD boards and institutions eligible for payment under~~	50564
~~section 3323.091 of the Revised Code approved under this section~~	50565
~~shall not exceed the number that can be funded with appropriations~~	50566
~~made for such purposes by the general assembly.~~	50567

~~No unit shall be approved under divisions (B) and (C) of this~~	50568
~~section unless a plan has been submitted and approved under~~	50569
~~Chapter 3323. of the Revised Code.~~	50570

(C) The department shall pay each institution approved for	50571
career-technical education units under division (A) of this	50572
section an amount for the total of all the units approved under	50573
that division. The amount for each unit shall be the sum of the	50574
minimum salary for the teacher of the unit, calculated on the	50575
basis of the teacher's training level and years of experience	50576
pursuant to the salary schedule prescribed in the version of	50577
section 3317.13 of the Revised Code in effect prior to July 1,	50578
2001, plus fifteen per cent of that minimum salary amount, and	50579
nine thousand five hundred ten dollars. Each institution that	50580
receives unit funds under this division annually shall report to	50581
the department on the delivery of services and the performance of	50582
students and any other information required by the department to	50583
evaluate the institution's career-technical education program.	50584

(D) For each unit allocated to an institution pursuant to	50585
division (A) of this section, the department, in addition to the	50586
amount specified in division (B) of this section, shall pay a	50587
supplemental unit allowance of $7,227.	50588

Sec. 3317.051. (A) As used in this section, "gifted unit	50589
ADM" means a school district's formula ADM minus the number of	50590
students reported by a district under divisions (A)(2)(a) and (i)	50591
of section 3317.03 of the Revised Code.	50592

(B) The department of education shall compute and pay to a	50593
school district funds based on units for services to students	50594
identified as gifted under Chapter 3324. of the Revised Code as	50595
prescribed by this section.	50596

(C) The department shall allocate gifted units for a school	50597
district as follows:	50598

(1) One gifted coordinator unit shall be allocated for every	50599
3,300 students in a district's gifted unit ADM, with a minimum of	50600
0.5 units and a maximum of 8 units allocated for the district.	50601

(2) One gifted intervention specialist unit shall be	50602
allocated for every 1,100 students in a district's gifted unit	50603
ADM, with a minimum of 0.3 units allocated for the district.	50604

(D) The department shall pay the following amount to a school	50605
district for gifted units:	50606

(1) In fiscal year 2014, $37,000 multiplied by the number of	50607
units allocated to a school district under division (C) of this	50608
section;	50609

(2) In fiscal year 2015, $37,370 multiplied by the number of	50610
units allocated to a school district under division (C) of this	50611
section.	50612

A school district shall use the funds it receives for units	50613
allocated under division (C)(1) of this section only for gifted	50614
coordinator services as prescribed by the department. Qualified	50615
personnel shall be employed by the district for this purpose on a	50616
full-time equivalency basis that corresponds to the number of	50617
units allocated to the district under division (C)(1) of this	50618
section.	50619

A school district shall use the funds it receives for units	50620
allocated under division (C)(2) of this section only for gifted	50621
intervention specialist services as prescribed by the department.	50622
Qualified personnel shall be employed by the district for this	50623
purpose on a full-time equivalency basis that corresponds to the	50624
number of units allocated to the district under division (C)(2) of	50625
this section.	50626

(E) A school district may assign gifted unit funding that it	50627
receives under division (D) of this section to another school	50628
district, an educational service center, a community school, or a	50629
STEM school as part of an arrangement to provide services to the	50630
district as follows:	50631

(1) Funds received for units allocated under division (C)(1)	50632
of this section may be assigned to a district, service center, or	50633
school that employs qualified gifted coordinators;	50634

(2) Funds received for units allocated under division (C)(2)	50635
of this section may be assigned to a district, service center, or	50636
school that employs qualified gifted intervention specialists.	50637

Sec. 3317.06. Moneys paid to school districts under division	50638
(E) of section 3317.024 of the Revised Code shall be used for the	50639
following independent and fully severable purposes:	50640

(A) To purchase such secular textbooks or ~~electronic~~	50641
~~textbooks~~digital texts as have been approved by the	50642
superintendent of public instruction for use in public schools in	50643
the state and to loan such textbooks or ~~electronic textbooks~~	50644
digital texts to pupils attending nonpublic schools within the	50645
district or to their parents and to hire clerical personnel to	50646
administer such lending program. Such loans shall be based upon	50647
individual requests submitted by such nonpublic school pupils or	50648
parents. Such requests shall be submitted to the school district	50649
in which the nonpublic school is located. Such individual requests	50650
for the loan of textbooks or ~~electronic textbooks~~digital texts	50651
shall, for administrative convenience, be submitted by the	50652
nonpublic school pupil or the pupil's parent to the nonpublic	50653
school, which shall prepare and submit collective summaries of the	50654
individual requests to the school district. As used in this	50655
section:	50656

(1) "Textbook" means any book or book substitute that a pupil	50657
uses as a consumable or nonconsumable text, text substitute, or	50658
text supplement in a particular class or program in the school the	50659
pupil regularly attends.	50660

(2) ~~"Electronic textbook"~~"Digital text" means ~~any~~a	50661
consumable book or book substitute that a student accesses through	50662
the use of a computer or other electronic medium or that is	50663
available through an internet-based provider of course content, or	50664
any other material that contributes to the learning process	50665
through electronic means.	50666

(B) To provide speech and hearing diagnostic services to	50667
pupils attending nonpublic schools within the district. Such	50668
service shall be provided in the nonpublic school attended by the	50669
pupil receiving the service.	50670

(C) To provide physician, nursing, dental, and optometric	50671
services to pupils attending nonpublic schools within the	50672
district. Such services shall be provided in the school attended	50673
by the nonpublic school pupil receiving the service.	50674

(D) To provide diagnostic psychological services to pupils	50675
attending nonpublic schools within the district. Such services	50676
shall be provided in the school attended by the pupil receiving	50677
the service.	50678

(E) To provide therapeutic psychological and speech and	50679
hearing services to pupils attending nonpublic schools within the	50680
district. Such services shall be provided in the public school, in	50681
nonpublic schools, in public centers, or in mobile units located	50682
on or off of the nonpublic premises. If such services are provided	50683
in the public school or in public centers, transportation to and	50684
from such facilities shall be provided by the school district in	50685
which the nonpublic school is located.	50686

(F) To provide guidance, counseling, and social work services	50687
to pupils attending nonpublic schools within the district. Such	50688
services shall be provided in the public school, in nonpublic	50689
schools, in public centers, or in mobile units located on or off	50690
of the nonpublic premises. If such services are provided in the	50691
public school or in public centers, transportation to and from	50692
such facilities shall be provided by the school district in which	50693
the nonpublic school is located.	50694

(G) To provide remedial services to pupils attending	50695
nonpublic schools within the district. Such services shall be	50696
provided in the public school, in nonpublic schools, in public	50697
centers, or in mobile units located on or off of the nonpublic	50698
premises. If such services are provided in the public school or in	50699
public centers, transportation to and from such facilities shall	50700
be provided by the school district in which the nonpublic school	50701
is located.	50702

(H) To supply for use by pupils attending nonpublic schools	50703
within the district such standardized tests and scoring services	50704
as are in use in the public schools of the state;	50705

(I) To provide programs for children who attend nonpublic	50706
schools within the district and are children with disabilities as	50707
defined in section 3323.01 of the Revised Code or gifted children.	50708
Such programs shall be provided in the public school, in nonpublic	50709
schools, in public centers, or in mobile units located on or off	50710
of the nonpublic premises. If such programs are provided in the	50711
public school or in public centers, transportation to and from	50712
such facilities shall be provided by the school district in which	50713
the nonpublic school is located.	50714

(J) To hire clerical personnel to assist in the	50715
administration of programs pursuant to divisions (B), (C), (D),	50716
(E), (F), (G), and (I) of this section and to hire supervisory	50717
personnel to supervise the providing of services and textbooks	50718
pursuant to this section.	50719

(K) To purchase or lease any secular, neutral, and	50720
nonideological computer application software designed to assist	50721
students in performing a single task or multiple related tasks,	50722
device management software, learning management software,	50723
site-licensing, digital video on demand (DVD), wide area	50724
connectivity and related technology as it relates to internet	50725
access, mathematics or science equipment and materials,	50726
instructional materials, and school library materials that are in	50727
general use in the public schools of the state and loan such items	50728
to pupils attending nonpublic schools within the district or to	50729
their parents, and to hire clerical personnel to administer the	50730
lending program. Only such items that are incapable of diversion	50731
to religious use and that are susceptible of loan to individual	50732
pupils and are furnished for the use of individual pupils shall be	50733
purchased and loaned under this division. As used in this section,	50734
"instructional materials" means prepared learning materials that	50735
are secular, neutral, and nonideological in character and are of	50736
benefit to the instruction of school children~~, and may include~~	50737
~~educational resources and services developed by the eTech Ohio~~	50738
~~commission~~.	50739

Mobile applications that are secular, neutral, and	50740
nonideological in character and that are purchased for less than	50741
ten dollars for instructional use shall be considered to be	50742
consumable and shall be distributed to students without the	50743
expectation that the applications must be returned.	50744

(L) To purchase or lease instructional equipment, including	50745
computer hardware and related equipment in general use in the	50746
public schools of the state, for use by pupils attending nonpublic	50747
schools within the district and to loan such items to pupils	50748
attending nonpublic schools within the district or to their	50749
parents, and to hire clerical personnel to administer the lending	50750
program. "Computer hardware and related equipment" includes	50751
desktop computers and workstations; laptop computers, computer	50752
tablets, and other mobile handheld devices; and their operating	50753
systems and accessories.	50754

(M) To purchase mobile units to be used for the provision of	50755
services pursuant to divisions (E), (F), (G), and (I) of this	50756
section and to pay for necessary repairs and operating costs	50757
associated with these units.	50758

(N) To reimburse costs the district incurred to store the	50759
records of a chartered nonpublic school that closes.	50760
Reimbursements under this division shall be made one time only for	50761
each chartered nonpublic school that closes.	50762

(O) To purchase life-saving medical or other emergency	50763
equipment for placement in nonpublic schools within the district	50764
or to maintain such equipment.	50765

Clerical and supervisory personnel hired pursuant to division	50766
(J) of this section shall perform their services in the public	50767
schools, in nonpublic schools, public centers, or mobile units	50768
where the services are provided to the nonpublic school pupil,	50769
except that such personnel may accompany pupils to and from the	50770
service sites when necessary to ensure the safety of the children	50771
receiving the services.	50772

All services provided pursuant to this section may be	50773
provided under contract with educational service centers, the	50774
department of health, city or general health districts, or private	50775
agencies whose personnel are properly licensed by an appropriate	50776
state board or agency.	50777

Transportation of pupils provided pursuant to divisions (E),	50778
(F), (G), and (I) of this section shall be provided by the school	50779
district from its general funds and not from moneys paid to it	50780
under division (E) of section 3317.024 of the Revised Code unless	50781
a special transportation request is submitted by the parent of the	50782
child receiving service pursuant to such divisions. If such an	50783
application is presented to the school district, it may pay for	50784
the transportation from moneys paid to it under division (E) of	50785
section 3317.024 of the Revised Code.	50786

No school district shall provide health or remedial services	50787
to nonpublic school pupils as authorized by this section unless	50788
such services are available to pupils attending the public schools	50789
within the district.	50790

Materials, equipment, computer hardware or software,	50791
textbooks, ~~electronic textbooks~~digital texts, and health and	50792
remedial services provided for the benefit of nonpublic school	50793
pupils pursuant to this section and the admission of pupils to	50794
such nonpublic schools shall be provided without distinction as to	50795
race, creed, color, or national origin of such pupils or of their	50796
teachers.	50797

No school district shall provide services, materials, or	50798
equipment that contain religious content for use in religious	50799
courses, devotional exercises, religious training, or any other	50800
religious activity.	50801

As used in this section, "parent" includes a person standing	50802
in loco parentis to a child.	50803

Notwithstanding section 3317.01 of the Revised Code, payments	50804
shall be made under this section to any city, local, or exempted	50805
village school district within which is located one or more	50806
nonpublic elementary or high schools and any payments made to	50807
school districts under division (E) of section 3317.024 of the	50808
Revised Code for purposes of this section may be disbursed without	50809
submission to and approval of the controlling board.	50810

The allocation of payments for materials, equipment,	50811
textbooks, ~~electronic textbooks~~digital texts, health services,	50812
and remedial services to city, local, and exempted village school	50813
districts shall be on the basis of the state board of education's	50814
estimated annual average daily membership in nonpublic elementary	50815
and high schools located in the district.	50816

Payments made to city, local, and exempted village school	50817
districts under this section shall be equal to specific	50818
appropriations made for the purpose. All interest earned by a	50819
school district on such payments shall be used by the district for	50820
the same purposes and in the same manner as the payments may be	50821
used.	50822

The department of education shall adopt guidelines and	50823
procedures under which such programs and services shall be	50824
provided, under which districts shall be reimbursed for	50825
administrative costs incurred in providing such programs and	50826
services, and under which any unexpended balance of the amounts	50827
appropriated by the general assembly to implement this section may	50828
be transferred to the auxiliary services personnel unemployment	50829
compensation fund established pursuant to section 4141.47 of the	50830
Revised Code. The department shall also adopt guidelines and	50831
procedures limiting the purchase and loan of the items described	50832
in division (K) of this section to items that are in general use	50833
in the public schools of the state, that are incapable of	50834
diversion to religious use, and that are susceptible to individual	50835
use rather than classroom use. Within thirty days after the end of	50836
each biennium, each board of education shall remit to the	50837
department all moneys paid to it under division (E) of section	50838
3317.024 of the Revised Code and any interest earned on those	50839
moneys that are not required to pay expenses incurred under this	50840
section during the biennium for which the money was appropriated	50841
and during which the interest was earned. If a board of education	50842
subsequently determines that the remittal of moneys leaves the	50843
board with insufficient money to pay all valid expenses incurred	50844
under this section during the biennium for which the remitted	50845
money was appropriated, the board may apply to the department of	50846
education for a refund of money, not to exceed the amount of the	50847
insufficiency. If the department determines the expenses were	50848
lawfully incurred and would have been lawful expenditures of the	50849
refunded money, it shall certify its determination and the amount	50850
of the refund to be made to the director of job and family	50851
services who shall make a refund as provided in section 4141.47 of	50852
the Revised Code.	50853

Each school district shall label materials, equipment,	50854
computer hardware or software, textbooks, and ~~electronic textbooks~~	50855
digital texts purchased or leased for loan to a nonpublic school	50856
under this section, acknowledging that they were purchased or	50857
leased with state funds under this section. However, a district	50858
need not label materials, equipment, computer hardware or	50859
software, textbooks, or ~~electronic textbooks~~digital texts that	50860
the district determines are consumable in nature or have a value	50861
of less than two hundred dollars.	50862

Sec. 3317.08. A board of education may admit to its schools	50863
a child it is not required by section 3313.64 or 3313.65 of the	50864
Revised Code to admit, if tuition is paid for the child.	50865

Unless otherwise provided by law, tuition shall be computed	50866
in accordance with this section. A district's tuition charge for a	50867
school year shall be one of the following:	50868

(A) For any child, except a preschool child with a disability	50869
described in division (B) of this section, the quotient obtained	50870
by dividing the sum of the amounts described in divisions (A)(1)	50871
and (2) of this section by the district's formula ADM.	50872

(1) The district's total taxes charged and payable for	50873
current expenses for the tax year preceding the tax year in which	50874
the school year begins as certified under division (A)(3) of	50875
section 3317.021 of the Revised Code.	50876

(2) The district's total taxes collected for current expenses	50877
under a school district income tax adopted pursuant to section	50878
5748.03, 5748.08, or 5748.09 of the Revised Code that are	50879
disbursed to the district during the fiscal year, excluding any	50880
income tax receipts allocated for the project cost, debt service,	50881
or maintenance set-aside associated with a state-assisted	50882
classroom facilities project as authorized by section 3318.052 of	50883
the Revised Code. On or before the first day of June of each year,	50884
the tax commissioner shall certify the amount to be used in the	50885
calculation under this division for the next fiscal year to the	50886
department of education and the office of budget and management	50887
for each city, local, and exempted village school district that	50888
levies a school district income tax.	50889

(B) For any preschool child with a disability ~~not included in~~	50890
~~a unit approved under division (B) of section 3317.05 of the~~	50891
~~Revised Code~~, an amount computed for the school year as follows:	50892

(1) For each type of special education service provided to	50893
the child for whom tuition is being calculated, determine the	50894
amount of the district's operating expenses in providing that type	50895
of service to all preschool children with disabilities ~~not~~	50896
~~included in units approved under division (B) of section 3317.05~~	50897
~~of the Revised Code~~;	50898

(2) For each type of special education service for which	50899
operating expenses are determined under division (B)(1) of this	50900
section, determine the amount of such operating expenses that was	50901
paid from any state funds received under this chapter;	50902

(3) For each type of special education service for which	50903
operating expenses are determined under division (B)(1) of this	50904
section, divide the difference between the amount determined under	50905
division (B)(1) of this section and the amount determined under	50906
division (B)(2) of this section by the total number of preschool	50907
children with disabilities ~~not included in units approved under~~	50908
~~division (B) of section 3317.05 of the Revised Code~~ who received	50909
that type of service;	50910

(4) Determine the sum of the quotients obtained under	50911
division (B)(3) of this section for all types of special education	50912
services provided to the child for whom tuition is being	50913
calculated.	50914

The state board of education shall adopt rules defining the	50915
types of special education services and specifying the operating	50916
expenses to be used in the computation under this section.	50917

If any child for whom a tuition charge is computed under this	50918
section for any school year is enrolled in a district for only	50919
part of that school year, the amount of the district's tuition	50920
charge for the child for the school year shall be computed in	50921
proportion to the number of school days the child is enrolled in	50922
the district during the school year.	50923

Except as otherwise provided in division (J) of section	50924
3313.64 of the Revised Code, whenever a district admits a child to	50925
its schools for whom tuition computed in accordance with this	50926
section is an obligation of another school district, the amount of	50927
the tuition shall be certified by the treasurer of the board of	50928
education of the district of attendance, to the board of education	50929
of the district required to pay tuition for its approval and	50930
payment. If agreement as to the amount payable or the district	50931
required to pay the tuition cannot be reached, or the board of	50932
education of the district required to pay the tuition refuses to	50933
pay that amount, the board of education of the district of	50934
attendance shall notify the superintendent of public instruction.	50935
The superintendent shall determine the correct amount and the	50936
district required to pay the tuition and shall deduct that amount,	50937
if any, under division (D) of section 3317.023 of the Revised	50938
Code, from the district required to pay the tuition and add that	50939
amount to the amount allocated to the district attended under such	50940
division. The superintendent of public instruction shall send to	50941
the district required to pay the tuition an itemized statement	50942
showing such deductions at the time of such deduction.	50943

When a political subdivision owns and operates an airport,	50944
welfare, or correctional institution or other project or facility	50945
outside its corporate limits, the territory within which the	50946
facility is located is exempt from taxation by the school district	50947
within which such territory is located, and there are school age	50948
children residing within such territory, the political subdivision	50949
owning such tax exempt territory shall pay tuition to the district	50950
in which such children attend school. The tuition for these	50951
children shall be computed as provided for in this section.	50952

Sec. 3317.10. (A) On or before the first day of March of	50953
each year, the department of job and family services shall certify	50954
to the state board of education the unduplicated number of	50955
children ages five through seventeen residing in each school	50956
district and living in a family that, during the preceding	50957
October, participated in Ohio works first.	50958

The department of job and family services shall certify this	50959
information according to the school district of residence for each	50960
child. ~~Except as provided under division (B) of this section, the~~	50961
~~number of children so certified in any year shall be used by the~~	50962
~~department of education in calculating the distribution of moneys~~	50963
~~for the ensuing fiscal year as provided in section 3317.029 of the~~	50964
~~Revised Code.~~	50965

(B) Upon the transfer of part of the territory of one school	50966
district to the territory of one or more other school districts,	50967
the department of education may adjust the number of children	50968
certified under division (A) of this section for any district	50969
gaining or losing territory in such a transfer in order to take	50970
into account the effect of the transfer on the number of such	50971
children who reside in the district. Within sixty days of receipt	50972
of a request for information from the department of education, the	50973
department of job and family services shall provide any	50974
information the department of education determines is necessary to	50975
make such adjustments. ~~The department of education may use the~~	50976
~~adjusted number for any district for the applicable fiscal year,~~	50977
~~in lieu of the number certified for the district for that fiscal~~	50978
~~year under division (A) of this section, in the calculation of the~~	50979
~~distribution of moneys provided in section 3317.029 of the Revised~~	50980
~~Code.~~	50981

Sec. 3317.12. Any board of education participating in funds	50982
distributed under Chapter 3317. of the Revised Code shall annually	50983
adopt a salary ~~schedule~~schedules for teachers and nonteaching	50984
school employees ~~based upon training, experience, and~~	50985
~~qualifications with initial salaries no less than the salaries in~~	50986
~~effect on October 13, 1967. Each board of education shall prepare~~	50987
~~and may amend from time to time, specifications descriptive of~~	50988
~~duties, responsibilities, requirements, and desirable~~	50989
~~qualifications of the classifications of employees required to~~	50990
~~perform the duties specified in the salary schedule. All~~	50991
~~nonteaching school employees are to be notified of the position~~	50992
~~classification to which they are assigned and the salary for the~~	50993
~~classification. The compensation of all employees working for a~~	50994
~~particular school board shall be uniform for like positions except~~	50995
~~as compensation would be affected by salary increments based upon~~	50996
~~length of service.~~	50997

~~On the fifteenth day of October each year the salary schedule~~	50998
~~and the list of job classifications and salaries in effect on that~~	50999
~~date shall be filed by each board of education with the~~	51000
~~superintendent of public instruction. If such salary schedule and~~	51001
~~classification plan is not filed the superintendent of public~~	51002
~~instruction shall order the board to file such schedules~~	51003
~~forthwith. If this condition is not corrected within ten days~~	51004
~~after receipt of the order from the superintendent of public~~	51005
~~instruction, no money shall be distributed to the district under~~	51006
~~Chapter 3317. of the Revised Code until the superintendent has~~	51007
~~satisfactory evidence of the board of education's full compliance~~	51008
~~with such order~~.	51009

Sec. 3317.14. Any school district board of education or	51010
educational service center governing board participating in funds	51011
distributed under Chapter 3317. of the Revised Code shall annually	51012
adopt a teachers' salary schedule with provision for increments	51013
based upon training and years of service. ~~Notwithstanding sections~~	51014
~~3317.13 and 3319.088 of the Revised Code, the~~The board may	51015
establish its own service requirements and may grant service	51016
credit for such activities as teaching in public or nonpublic	51017
schools in this state or in another state, for service as an	51018
educational assistant other than as a classroom aide employed in	51019
accordance with section 5107.541 of the Revised Code, and for	51020
service in the military or in an appropriate state or federal	51021
governmental agency, ~~provided no teacher receives less than the~~	51022
~~amount required to be paid pursuant to section 3317.13 of the~~	51023
~~Revised Code and~~ provided full credit for a minimum of five years	51024
of actual teaching and military experience ~~as defined in division~~	51025
~~(A) of section 3317.13 of the Revised Code~~ is given to each	51026
teacher.	51027

~~On the fifteenth day of October of each year, a copy of the~~	51028
~~salary schedule in effect on that date shall be filed by the board~~	51029
~~of education of each local school district with the educational~~	51030
~~service center superintendent, who thereupon shall certify to the~~	51031
~~treasurer of such local district the correct salary to be paid to~~	51032
~~each teacher in accordance with the adopted schedule.~~	51033

~~Each teacher who has completed training which would qualify~~	51034
~~such teacher for a higher salary bracket pursuant to this section~~	51035
~~shall file by the fifteenth day of September with the treasurer of~~	51036
~~the board of education or educational service center satisfactory~~	51037
~~evidence of the completion of such additional training. The~~	51038
~~treasurer shall then immediately place the teacher, pursuant to~~	51039
~~this section and section 3317.13 of the Revised Code, in the~~	51040
~~proper salary bracket in accordance with training and years of~~	51041
~~service before certifying such salary, training, and years of~~	51042
~~service to the superintendent of public instruction. No teacher~~	51043
~~shall be paid less than the salary to which such teacher is~~	51044
~~entitled pursuant to section 3317.13 of the Revised Code.~~	51045

As used in this section:

51046

(A) "Years of service" includes the following:

51047

(1) All years of teaching service in the same school district	51048
or educational service center, regardless of training level, with	51049
each year consisting of at least one hundred twenty days under a	51050
teacher's contract;	51051

(2) All years of teaching service in a chartered, nonpublic	51052
school located in Ohio as a teacher licensed pursuant to section	51053
3319.22 of the Revised Code or in another public school,	51054
regardless of training level, with each year consisting of at	51055
least one hundred twenty days under a teacher's contract;	51056

(3) All years of teaching service in a chartered school or	51057
institution or a school or institution that subsequently became	51058
chartered or a chartered special education program or a special	51059
education program that subsequently became chartered operated by	51060
the state or by a subdivision or other local governmental unit of	51061
this state as a teacher licensed pursuant to section 3319.22 of	51062
the Revised Code, regardless of training level, with each year	51063
consisting of at least one hundred twenty days;	51064

(4) All years of active military service in the armed forces	51065
of the United States, as defined in section 3307.75 of the Revised	51066
Code, to a maximum of five years. For purposes of this	51067
calculation, a partial year of active military service of eight	51068
continuous months or more in the armed forces shall be counted as	51069
a full year.	51070

(B) "Teacher" means all teachers employed by the board of	51071
education of any school district, including any cooperative	51072
education or joint vocational school district and all teachers	51073
employed by any educational service center governing board.	51074

Sec. 3317.141. The board of education of any city, exempted	51075
village, local, or joint vocational school district that is the	51076
recipient of moneys from a grant awarded under the federal race to	51077
the top program, Division (A), Title XIV, Sections 14005 and 14006	51078
of the "American Recovery and Reinvestment Act of 2009," Pub. L.	51079
No. 111-5, 123 Stat. 115, shall comply with this section in	51080
accordance with the timeline contained in the board's scope of	51081
work, as approved by the superintendent of public instruction, and	51082
shall not be subject to ~~sections 3317.13 and~~section 3317.14 of	51083
the Revised Code. The board of education of any other school	51084
district, and the governing board of each educational service	51085
center, shall comply with either this section or ~~sections 3317.13~~	51086
~~and~~section 3317.14 of the Revised Code.	51087

(A) The board annually shall adopt a salary schedule for	51088
teachers based upon performance as described in division (B) of	51089
this section.	51090

(B) For purposes of the schedule, a board shall measure a	51091
teacher's performance by considering all of the following:	51092

(1) The level of license issued under section 3319.22 of the	51093
Revised Code that the teacher holds;	51094

(2) Whether the teacher is a highly qualified teacher, as	51095
defined in section 3319.074 of the Revised Code;	51096

(3) Ratings received by the teacher on performance	51097
evaluations conducted under section 3319.111 of the Revised Code.	51098

(C) The schedule shall provide for annual adjustments based	51099
on performance on the evaluations conducted under section 3319.111	51100
of the Revised Code. The annual performance-based adjustment for a	51101
teacher rated as accomplished shall be greater than the annual	51102
performance-based adjustment for a teacher rated as proficient.	51103

(D) The salary schedule adopted under this section may	51104
provide for additional compensation for teachers who agree to	51105
perform duties, not contracted for under a supplemental contract,	51106
that the employing board determines warrant additional	51107
compensation. Those duties may include, but are not limited to,	51108
assignment to a school building eligible for funding under Title I	51109
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	51110
6301 et seq.; assignment to a building in "school improvement"	51111
status under the "No Child Left Behind Act of 2001," as defined in	51112
section 3302.01 of the Revised Code; teaching in a grade level or	51113
subject area in which the board has determined there is a shortage	51114
within the district or service center; or assignment to a	51115
hard-to-staff school, as determined by the board.	51116

Sec. 3317.16. (A) The department of education shall compute	51117
and distribute state core foundation funding to each joint	51118
vocational school district for the fiscal year as prescribed in	51119
the following divisions:	51120

(1) An opportunity grant calculated according to the	51121
following formula:	51122

(The formula amount X formula ADM) - (0.0005 X the	51123

district's three-year average valuation)	51124

If the result of the calculation for a joint vocational	51125
school district under division (A)(1) of this section is less than	51126
zero, the joint vocational school district's opportunity grant	51127
shall be zero.	51128

(2) Additional state aid for special education and related	51129
services provided under Chapter 3323. of the Revised Code	51130
calculated as the sum of the following:	51131

The formula amount X the district's total special education	51132

weight X the district's state share percentage	51133

(3) Economically disadvantaged funds calculated according to	51134
the following formula:	51135

($340, in fiscal year 2014, or $343, in fiscal year 2015) X	51136

(the district's economically disadvantaged index) X the number	51137

of students who are economically disadvantaged as reported under	51138

division (D)(2)(p) of section 3317.03 of the Revised Code	51139

(4) Limited English proficiency funds calculated as the sum	51140
of the following:	51141

(a) The district's category one limited English proficient	51142
ADM X the amount specified in division (A) of section 3317.016 of	51143
the Revised Code X the district's state share percentage;	51144

(b) The district's category two limited English proficient	51145
ADM X the amount specified in division (B) of section 3317.016 of	51146
the Revised Code X the district's state share percentage;	51147

(c) The district's category three limited English proficient	51148
ADM X the amount specified in division (C) of section 3317.016 of	51149
the Revised Code X the district's state share percentage;	51150

(5) Career-technical education funds calculated according to	51151
the following formula:	51152

The formula amount X the district's total career-technical	51153

education weight X the district's state share percentage	51154

Payment of funds under division (A)(5) of this section is	51155
subject to approval under section 3317.161 of the Revised Code.	51156

(6) Career-technical education associated services funds	51157
calculated under the following formula:	51158

The district's state share percentage X 0.05 X the formula	51159

amount X the sum of categories one through five career-technical	51160

education ADM	51161

(B)(1) If a joint vocational school district's costs for a	51162
fiscal year for a student in its categories two through six	51163
special education ADM exceed the threshold catastrophic cost for	51164
serving the student, as specified in division (B) of section	51165
3317.0214 of the Revised Code, the district may submit to the	51166
superintendent of public instruction documentation, as prescribed	51167
by the superintendent, of all of its costs for that student. Upon	51168
submission of documentation for a student of the type and in the	51169
manner prescribed, the department shall pay to the district an	51170
amount equal to the sum of the following:	51171

(a) One-half of the district's costs for the student in	51172
excess of the threshold catastrophic cost;	51173

(b) The product of one-half of the district's costs for the	51174
student in excess of the threshold catastrophic cost multiplied by	51175
the district's state share percentage.	51176

(2) The district shall report under division (B)(1) of this	51177
section, and the department shall pay for, only the costs of	51178
educational expenses and the related services provided to the	51179
student in accordance with the student's individualized education	51180
program. Any legal fees, court costs, or other costs associated	51181
with any cause of action relating to the student may not be	51182
included in the amount.	51183

(C)(1) For each student with a disability receiving special	51184
education and related services under an individualized education	51185
program, as defined in section 3323.01 of the Revised Code, at a	51186
joint vocational district, the resident district or, if the	51187
student is enrolled in a community school, the community school	51188
shall be responsible for the amount of any costs of providing	51189
those special education and related services to that student that	51190
exceed the sum of the amount calculated for those services	51191
attributable to that student under division (A) of this section.	51192

Those excess costs shall be calculated by subtracting the sum	51193
of the following from the actual cost to provide special education	51194
and related services to the student:	51195

(a) The formula amount;

51196

(b) The formula amount times the multiple specified in	51197
section 3317.013 of the Revised Code that is applicable to the	51198
student;	51199

51200

(2) The board of education of the joint vocational school	51201
district may report the excess costs calculated under division	51202
(C)(1) of this section to the department of education.	51203

(3) If the board of education of the joint vocational school	51204
district reports excess costs under division (C)(2) of this	51205
section, the department shall pay the amount of excess cost	51206
calculated under division (C)(2) of this section to the joint	51207
vocational school district and shall deduct that amount as	51208
provided in division (C)(3)(a) or (b) of this section, as	51209
applicable:	51210

(a) If the student is not enrolled in a community school, the	51211
department shall deduct the amount from the account of the	51212
student's resident district pursuant to division (J) of section	51213
3317.023 of the Revised Code.	51214

(b) If the student is enrolled in a community school, the	51215
department shall deduct the amount from the account of the	51216
community school pursuant to section 3314.083 of the Revised Code.	51217

(D) In any fiscal year, a school district receiving funds	51218
under division (A)(5) of this section shall spend those funds only	51219
for the purposes that the department designates as approved for	51220
career-technical education expenses. Career-technical educational	51221
expenses approved by the department shall include only expenses	51222
connected to the delivery of career-technical programming to	51223
career-technical students. The department shall require the school	51224
district to report data annually so that the department may	51225
monitor the district's compliance with the requirements regarding	51226
the manner in which funding received under division (A)(5) of this	51227
section may be spent.	51228

(E) In any fiscal year, a school district receiving funds	51229
under division (A)(6) of this section, or through a transfer of	51230
funds pursuant to division (I) of section 3317.023 of the Revised	51231
Code, shall spend those funds only for the purposes that the	51232
department designates as approved for career-technical education	51233
associated services expenses, which may include such purposes as	51234
apprenticeship coordinators, coordinators for other	51235
career-technical education services, career-technical evaluation,	51236
and other purposes designated by the department. The department	51237
may deny payment under division (A)(6) of this section to any	51238
district that the department determines is not operating those	51239
services or is using funds paid under division (A)(6) of this	51240
section, or through a transfer of funds pursuant to division (I)	51241
of section 3317.023 of the Revised Code, for other purposes.	51242

(F) As used in this section:

51243

(1) "Community school" means a community school established	51244
under Chapter 3314. of the Revised Code.	51245

(2) "Resident district" means the city, local, or exempted	51246
village school district in which a student is entitled to attend	51247
school under section 3313.64 or 3313.65 of the Revised Code.	51248

(3) "State share percentage" is equal to the following:

51249

The amount computed under division (A)(1) of this section /	51250

(the formula amount X formula ADM)	51251

Sec. 3317.161. (A) As used in this section, "lead district"	51252
has the same meaning as in section 3317.023 of the Revised Code.	51253

(B) The lead district of a career-technical planning district	51254
shall review the career-technical education program of each city,	51255
local, and exempted village school district, each community	51256
school, and each STEM school that is assigned to the	51257
career-technical planning district and determine whether to	51258
approve or disapprove the program. The lead district shall notify	51259
the department of its determination.	51260

(C) Upon receiving notification of a lead district's	51261
approval, the department shall pay to the member city, local, or	51262
exempted village school district or deduct from the state	51263
education aid of a district and pay to a community school or STEM	51264
school the funds attributed to the career-technical students	51265
enrolled in the district or school, according to a payment	51266
schedule prescribed by the department.	51267

(D) Upon receiving notification from a lead district of	51268
disapproval of a city, local, or exempted village school	51269
district's, a community school's, or STEM school's	51270
career-technical education program, the department shall	51271
automatically review the lead district's decision. In reviewing	51272
the lead district's decision, the department shall consider the	51273
demand for the career-technical education program and the	51274
availability of the program within the career-technical planning	51275
district. If, as a result of the review, the department decides to	51276
approve the city, local, or exempted village school district's,	51277
the community school's, or the STEM school's career-technical	51278
education program, the department shall pay the funds to the	51279
district or deduct and pay the funds to the community school or	51280
STEM school in the manner described in division (C) of this	51281
section. The department's decision shall be final.	51282

Sec. 3317.18. (A) As used in this section, the terms	51283
"Chapter 133. securities," "credit enhancement facilities," "debt	51284
charges," "general obligation," "legislation," "public	51285
obligations," and "securities" have the same meanings as in	51286
section 133.01 of the Revised Code.	51287

(B) The board of education of any school district authorizing	51288
the issuance of securities under section 133.10~~, 133.301,~~ or	51289
3313.372 of the Revised Code or general obligation Chapter 133.	51290
securities may adopt legislation requesting the state department	51291
of education to approve, and enter into an agreement with the	51292
school district and the primary paying agent or fiscal agent for	51293
such securities providing for, the withholding and deposit of	51294
funds, otherwise due the district under Chapter 3317. of the	51295
Revised Code, for the payment of debt service charges on such	51296
securities.	51297

The board of education shall deliver to the state department	51298
a copy of such resolution and any additional pertinent information	51299
the state department may require.	51300

The department of education and the office of budget and	51301
management shall evaluate each request received from a school	51302
district under this section and the department, with the advice	51303
and consent of the director of budget and management, shall	51304
approve or deny each request based on all of the following:	51305

(1) Whether approval of the request will enhance the	51306
marketability of the securities for which the request is made;	51307

(2) Any other pertinent factors or limitations established in	51308
rules made under division (I) of this section, including:	51309

(a) Current and projected obligations of funds due to the	51310
requesting school district under Chapter 3317. of the Revised Code	51311
including obligations of those funds to public obligations or	51312
relevant credit enhancement facilities under this section, Chapter	51313
133. and section 3313.483 of the Revised Code, and under any other	51314
similar provisions of law;	51315

(b) Whether the department of education or the office of	51316
budget and management has any reason to believe the requesting	51317
school district will be unable to pay when due the debt charges on	51318
the securities for which the request is made.	51319

The department may require a school district to establish	51320
schedules for the payment of all debt charges that take into	51321
account the amount and timing of anticipated distributions of	51322
funds to the district under Chapter 3317. of the Revised Code.	51323

(C) If the department approves the request of a school	51324
district to withhold and deposit funds pursuant to this section,	51325
the department shall enter into a written agreement with the	51326
district and the primary paying agent or fiscal agent for the	51327
securities which shall provide for the withholding of funds	51328
pursuant to this section for the payment of debt charges on those	51329
securities, and may include both of the following:	51330

(1) Provisions for certification by the district to the	51331
department, at a time prior to any date for the payment of	51332
applicable debt charges, whether the district is able to pay those	51333
debt charges when due;	51334

(2) Requirements that the district deposit amounts for the	51335
payment of debt charges on the securities with the primary paying	51336
agent or fiscal agent for the securities prior to the date on	51337
which those debt charge payments are due to the owners or holders	51338
of the securities.	51339

(D) Whenever a district notifies the department of education	51340
that it will be unable to pay debt charges when they are due,	51341
subject to the withholding provisions of this section, or whenever	51342
the applicable paying agent or fiscal agent notifies the	51343
department that it has not timely received from a school district	51344
the full amount needed for the payment when due of those debt	51345
charges to the holders or owners of such securities, the	51346
department shall immediately contact the school district and the	51347
paying agent or fiscal agent to confirm or determine whether the	51348
district is unable to make the required payment by the date on	51349
which it is due.	51350

Upon demand of the treasurer of state while holding a school	51351
district obligation purchased under division (G)(1) of section	51352
135.143 of the Revised Code, the state department of education,	51353
without a request of the school district, shall withhold and	51354
deposit funds pursuant to this section for payment of debt service	51355
charges on that obligation.	51356

If the department confirms or determines that the district	51357
will be unable to make such payment and payment will not be made	51358
pursuant to a credit enhancement facility, the department shall	51359
promptly pay to the applicable primary paying agent or fiscal	51360
agent the lesser of the amount due for debt charges or the amount	51361
due the district for the remainder of the fiscal year under	51362
Chapter 3317. of the Revised Code. If this amount is insufficient	51363
to pay the total amount then due the agent for the payment of debt	51364
charges, the department shall pay to the agent each fiscal year	51365
thereafter, and until the full amount due the agent for unpaid	51366
debt charges is paid in full, the lesser of the remaining amount	51367
due the agent for debt charges or the amount due the district for	51368
the fiscal year under Chapter 3317. of the Revised Code.	51369

(E) The state department may make any payments under this	51370
division by direct deposit of funds by electronic transfer.	51371

Any amount received by a paying agent or fiscal agent under	51372
this section shall be applied only to the payment of debt charges	51373
on the securities of the school district subject to this section	51374
or to the reimbursement to the provider of a credit enhancement	51375
facility that has paid such debt charges.	51376

(F) To the extent a school district whose securities are	51377
subject to this section is unable to pay applicable debt charges	51378
because of the failure to collect property taxes levied for the	51379
payment of those debt charges, the district may transfer to or	51380
deposit into any fund that would have received payments under	51381
Chapter 3317. of the Revised Code that were withheld under this	51382
section any such delinquent property taxes when later collected,	51383
provided that transfer or deposit shall be limited to the amounts	51384
withheld from that fund under this section.	51385

(G) The department may make payments under this section to	51386
paying agents or fiscal agents only from and to the extent that	51387
money is appropriated by the general assembly for Chapter 3317. of	51388
the Revised Code or for the purposes of this section. No	51389
securities of a school district to which this section is made	51390
applicable constitute an obligation or a debt or a pledge of the	51391
faith, credit, or taxing power of the state, and the holders or	51392
owners of such securities have no right to have taxes levied or	51393
appropriations made by the general assembly for the payment of	51394
debt charges on those securities, and those securities, if the	51395
department requires, shall contain a statement to that effect. The	51396
agreement for or the actual withholding and payment of moneys	51397
under this section does not constitute the assumption by the state	51398
of any debt of a school district.	51399

(H) In the case of securities subject to the withholding	51400
provisions of this section, the issuing board of education shall	51401
appoint a paying agent or fiscal agent who is not an officer or	51402
employee of the school district.	51403

(I) The department of education, with the advice of the	51404
office of budget and management, may adopt reasonable rules not	51405
inconsistent with this section for the implementation of this	51406
section and division (B) of section 133.25 of the Revised Code as	51407
it relates to the withholding and depositing of payments under	51408
Chapter 3317. of the Revised Code to secure payment of debt	51409
charges on school district securities. Those rules shall include	51410
criteria for the evaluation and approval or denial of school	51411
district requests for withholding under this section and limits on	51412
the obligation for the purpose of paying debt charges or	51413
reimbursing credit enhancement facilities of funds otherwise to be	51414
paid to school districts under Chapter 3317. of the Revised Code.	51415

(J) The authority granted by this section is in addition to	51416
and not a limitation on any other authorizations granted by or	51417
pursuant to law for the same or similar purposes.	51418

Sec. 3317.19. ~~(A) As used in this section, "total unit~~	51419
~~allowance" means an amount equal to the sum of the following:~~	51420

~~(1) The total of the salary allowances for the teachers~~	51421
~~employed in the cooperative education school district for all~~	51422
~~units approved under division (B) or (C) of section 3317.05 of the~~	51423
~~Revised Code. The salary allowance for each unit shall equal the~~	51424
~~minimum salary for the teacher of the unit calculated on the basis~~	51425
~~of the teacher's training level and years of experience pursuant~~	51426
~~to the salary schedule prescribed in the version of section~~	51427
~~3317.13 of the Revised Code in effect prior to July 1, 2001.~~	51428

~~(2) Fifteen per cent of the total computed under division~~	51429
~~(A)(1) of this section;~~	51430

~~(3) The total of the unit operating allowances for all~~	51431
~~approved units. The amount of each allowance shall equal one of~~	51432
~~the following:~~	51433

~~(a) Eight thousand twenty-three dollars times the number of~~	51434
~~units for preschool children with disabilities or fraction thereof~~	51435
~~approved for the year under division (B) of section 3317.05 of the~~	51436
~~Revised Code;~~	51437

~~(b) Two thousand one hundred thirty-two dollars times the~~	51438
~~number of units or fraction thereof approved for the year under~~	51439
~~division (C) of section 3317.05 of the Revised Code.~~	51440

~~(B)~~ The state board of education shall compute and distribute	51441
to each cooperative education school district for each fiscal year	51442
an amount equal to the sum of the following:	51443

~~(1)~~(A) An amount equal to the total of the amounts credited	51444
to the cooperative education school district pursuant to division	51445
(H) of section 3317.023 of the Revised Code;	51446

~~(2) The total unit allowance;~~

51447

~~(3)~~(B) An amount for assisting in providing free lunches to	51448
needy children pursuant to division (D) of section 3317.024 of the	51449
Revised Code.	51450

~~(C) If a cooperative education school district has had~~	51451
~~additional special education units approved for the year under~~	51452
~~division (F)(2) of section 3317.03 of the Revised Code, the~~	51453
~~district shall receive an additional amount during the last half~~	51454
~~of the fiscal year. For each unit, the additional amount shall~~	51455
~~equal fifty per cent of the amount computed under division (A) of~~	51456
~~this section for a unit approved under division (B) of section~~	51457
~~3317.05 of the Revised Code.~~	51458

Sec. 3317.20. This section does not apply to preschool	51459
children with disabilities.	51460

(A) As used in this section:

51461

(1) "Applicable weight" means the multiple specified in	51462
section 3317.013 of the Revised Code for a disability described in	51463
that section.	51464

(2) "Child's school district" means the school district in	51465
which a child is entitled to attend school pursuant to section	51466
3313.64 or 3313.65 of the Revised Code.	51467

(3) "State share ~~percentage~~index" means the state share	51468
~~percentage~~index of the child's school district.	51469

(B) ~~Except as provided in division (C) of this section, the~~	51470
The department shall annually pay each county DD board for each	51471
child with a disability, other than a preschool child with a	51472
disability, for whom the county DD board provides special	51473
education and related services an amount equal to the formula	51474
amount + (state share ~~percentage~~index X formula amount X the	51475
applicable weight).	51476

~~(C) If any school district places with a county DD board more~~	51477
~~children with disabilities than it had placed with a county DD~~	51478
~~board in fiscal year 1998, the department shall not make a payment~~	51479
~~under division (B) of this section for the number of children~~	51480
~~exceeding the number placed in fiscal year 1998. The department~~	51481
~~instead shall deduct from the district's payments under this~~	51482
~~chapter, and pay to the county DD board, an amount calculated in~~	51483
~~accordance with the formula prescribed in division (B) of this~~	51484
~~section for each child over the number of children placed in~~	51485
~~fiscal year 1998.~~	51486

~~(D) The department shall calculate for each county DD board~~	51487
~~receiving payments under divisions (B) and (C) of this section the~~	51488
~~following amounts:~~	51489

~~(1) The amount received by the county DD board for approved~~	51490
~~special education and related services units, other than units for~~	51491
~~preschool children with disabilities, in fiscal year 1998, divided~~	51492
~~by the total number of children served in the units that year;~~	51493

~~(2) The product of the quotient calculated under division~~	51494
~~(D)(1) of this section times the number of children for whom~~	51495
~~payments are made under divisions (B) and (C) of this section.~~	51496

~~If the amount calculated under division (D)(2) of this~~	51497
~~section is greater than the total amount calculated under~~	51498
~~divisions (B) and (C) of this section, the department shall pay~~	51499
~~the county DD board one hundred per cent of the difference in~~	51500
~~addition to the payments under divisions (B) and (C) of this~~	51501
~~section.~~	51502

~~(E)~~(C) Each county DD board shall report to the department,	51503
in the manner specified by the department, the name of each child	51504
for whom the county DD board provides special education and	51505
related services and the child's school district.	51506

~~(F)~~(D)(1) For the purpose of verifying the accuracy of the	51507
payments under this section, the department may request from	51508
either of the following entities the data verification code	51509
assigned under division (D)(2) of section 3301.0714 of the Revised	51510
Code to any child who is placed with a county DD board:	51511

(a) The child's school district;

51512

(b) The independent contractor engaged to create and maintain	51513
data verification codes.	51514

(2) Upon a request by the department under division ~~(F)~~(D)(1)	51515
of this section for the data verification code of a child, the	51516
child's school district shall submit that code to the department	51517
in the manner specified by the department. If the child has not	51518
been assigned a code, the district shall assign a code to that	51519
child and submit the code to the department by a date specified by	51520
the department. If the district does not assign a code to the	51521
child by the specified date, the department shall assign a code to	51522
the child.	51523

The department annually shall submit to each school district	51524
the name and data verification code of each child residing in the	51525
district for whom the department has assigned a code under this	51526
division.	51527

(3) The department shall not release any data verification	51528
code that it receives under division ~~(F)~~(D) of this section to any	51529
person except as provided by law.	51530

~~(G)~~(E) Any document relative to special education and related	51531
services provided by a county DD board that the department holds	51532
in its files that contains both a student's name or other	51533
personally identifiable information and the student's data	51534
verification code shall not be a public record under section	51535
149.43 of the Revised Code.	51536

~~Sec. 3313.847.~~ Sec. 3317.30. (A) In the case of a child placed in	51537
the custody of a juvenile facility established under section	51538
2151.65 or a detention facility established under section 2152.41	51539
of the Revised Code, ifpayment for the child's education services	51540
shall be administered by one of the following methods:	51541

(1) If the facility educates the child, the facility, or the	51542
chartered nonpublic school it operates, may submit its request for	51543
payment directly to the school district that is to bear the cost	51544
of educating the child, as determined under section 2151.362 of	51545
the Revised Code. That district shall pay the facility or the	51546
chartered nonpublic school directly for those services.	51547

(2) If the facility contracts directly with a school district	51548
in which the facility is located for services for that child, the	51549
school district may submit its request for payment directly to the	51550
school district that is to bear the cost of educating the child,	51551
as determined under section 2151.362 of the Revised Code. That	51552
district shall pay the school district where the facility is	51553
located directly for those services.	51554

(3) If that facility contracts directly with an educational	51555
service center for services for that child, the service center may	51556
submit its request for payment for services for the child directly	51557
to the school district that is responsible to bear the cost of	51558
educating the child, as determined under section 2151.362 of the	51559
Revised Code. That district shall pay the service center directly	51560
for those services. ~~Notwithstanding~~	51561

(B) Notwithstanding anything to the contrary in section	51562
3317.03 of the Revised Code, the district that pays a service	51563
center, facility or chartered nonpublic school the facility	51564
operates, or other school district for services for a particular	51565
child under this section shall include that child in the	51566
district's average daily membership as reported under division (A)	51567
of section 3317.03 of the Revised Code. No other district shall	51568
include the child in its average daily membership.	51569

Payments made for a child under this section shall be	51570
determined in accordance with division (C)(4) of section 3313.64	51571
of the Revised Code.	51572

Sec. 3317.40. (A) As used in this section, "subgroup" means	51573
one of the following subsets of the entire student population of a	51574
school district or a school building:	51575

(1) Students with disabilities;

51576

(2) Economically disadvantaged students;

51577

(3) Limited English proficient students;

51578

(4) Students identified as gifted in superior cognitive	51579
ability and specific academic ability fields under Chapter 3324.	51580
of the Revised Code.	51581

(B) When funds are provided under this chapter specifically	51582
for services for a subgroup of students, the general assembly has	51583
determined that these students experience unique challenges	51584
requiring additional resources. The department of education shall	51585
require school districts and schools to account for the	51586
expenditure of funds provided under this chapter for services to	51587
those students.	51588

(C) If a district or school fails to show satisfactory	51589
achievement and progress, as determined by the state board of	51590
education, for any subgroup of students based on performance	51591
measures reported or graded under section 3302.03 of the Revised	51592
Code, the district or school shall submit an improvement plan to	51593
the department for approval. The plan may be included in any other	51594
improvement plan required of the district or school under state or	51595
federal law. The department may require that a plan required under	51596
division (C) of this section include an agreement to partner with	51597
another organization that has demonstrated the ability to improve	51598
the educational outcome for that subgroup of students to provide	51599
services to those students. The partner organization may be	51600
another school, district, or other education provider.	51601

Not later than December 31, 2014, the state board of	51602
education shall establish measures of satisfactory achievement and	51603
progress, which include, but are not limited to, performance	51604
measures under section 3302.03 of the Revised Code. The department	51605
shall make the initial determination of satisfactory achievement	51606
and progress under this section using those measures not later	51607
than September 1, 2015, and then make determinations under this	51608
section annually thereafter.	51609

The department shall publish a list of schools, school	51610
districts, and other educational providers that have demonstrated	51611
an ability to serve each subgroup of students.	51612

Sec. 3317.50. The ~~eTech Ohio~~ telecommunity education fund is	51613
hereby created in the state treasury. The fund shall consist of	51614
certain excess local exchange telephone company contributions	51615
transferred from the reserve fund of the Ohio telecommunications	51616
advisory board pursuant to an agreement between the public	51617
utilities commission of Ohio and the Ohio department of education.	51618
The fund shall be used by the chancellor of the Ohio board of	51619
regents, in the amounts appropriated, to finance technology grants	51620
to state-chartered elementary and secondary schools. Investment	51621
earnings of the fund shall be credited to the fund.	51622

Sec. 3317.51. (A) The distance learning fund is hereby	51623
created in the state treasury. The fund shall consist of moneys	51624
paid ~~to the eTech Ohio commission~~ by any telephone company as a	51625
part of a settlement agreement between such company and the public	51626
utilities commission in fiscal year 1995 in part to establish	51627
distance learning throughout the state. The ~~commission~~chancellor	51628
of the Ohio board of regents shall administer the fund and expend	51629
moneys from it to finance technology grants to eligible schools	51630
chartered by the state board of education to establish distance	51631
learning in those schools. Chartered schools are eligible for	51632
funds if they are within the service area of the telephone	51633
company. Investment earnings of the fund shall be credited to the	51634
fund.	51635

(B) For purposes of this section, "distance learning" means	51636
the creation of a learning environment involving a school setting	51637
and at least one other location outside of the school which allows	51638
for information available at one site to be accessed at the other	51639
through the use of such educational applications as one-way or	51640
two-way transmission of data, voice, and video, singularly or in	51641
appropriate combinations.	51642

Sec. 3318.011. For purposes of providing assistance under	51643
sections 3318.01 to 3318.20 of the Revised Code, the department of	51644
education shall annually do all of the following:	51645

(A) Calculate the adjusted valuation per pupil of each city,	51646
local, and exempted village school district according to the	51647
following formula:	51648

The district's valuation per pupil -	51649

[$30,000 X (1 - the district's income factor)].	51650

For purposes of this calculation:

51651

(1) Except for a district with an open enrollment net gain	51652
that is ten per cent or more of its formula ADM, "valuation per	51653
pupil" for a district means its average taxable value, divided by	51654
its formula ADM for the previous fiscal year. "Valuation per	51655
pupil," for a district with an open enrollment net gain that is	51656
ten per cent or more of its formula ADM, means its average taxable	51657
value, divided by the sum of its formula ADM for the previous	51658
fiscal year plus its open enrollment net gain for the previous	51659
fiscal year.	51660

(2) "Average taxable value" means the average of the sum of	51661
the amounts certified for a district under divisions (A)(1) and	51662
(2) of section 3317.021 of the Revised Code in the second, third,	51663
and fourth preceding fiscal years.	51664

(3) "Entitled to attend school" means entitled to attend	51665
school in a city, local, or exempted village school district under	51666
section 3313.64 or 3313.65 of the Revised Code.	51667

(4) "Formula ADM" ~~and "income factor" have~~has the same	51668
~~meanings~~meaning as in section 3317.02 of the Revised Code.	51669

(5) "Native student" has the same meaning as in section	51670
3313.98 of the Revised Code.	51671

(6) "Open enrollment net gain" for a district means (a) the	51672
number of the students entitled to attend school in another	51673
district but who are enrolled in the schools of the district under	51674
its open enrollment policy minus (b) the number of the district's	51675
native students who are enrolled in the schools of another	51676
district under the other district's open enrollment policy, both	51677
numbers as certified to the department under section 3313.981 of	51678
the Revised Code. If the difference is a negative number, the	51679
district's "open enrollment net gain" is zero.	51680

(7) "Open enrollment policy" means an interdistrict open	51681
enrollment policy adopted under section 3313.98 of the Revised	51682
Code.	51683

(8) "District median income" means the median Ohio adjusted	51684
gross income certified for a school district. On or before the	51685
first day of July of each year, the tax commissioner shall certify	51686
to the department of education and the office of budget and	51687
management for each city, exempted village, and local school	51688
district the median Ohio adjusted gross income of the residents of	51689
the school district determined on the basis of tax returns filed	51690
for the second preceding tax year by the residents of the	51691
district.	51692

(9) "Statewide median income" means the median district	51693
median income of all city, exempted village, and local school	51694
districts in the state.	51695

(10) "Income factor" for a city, exempted village, or local	51696
school district means the quotient obtained by dividing that	51697
district's median income by the statewide median income.	51698

(B) Calculate for each district the three-year average of the	51699
adjusted valuations per pupil calculated for the district for the	51700
current and two preceding fiscal years;	51701

(C) Rank all such districts in order of adjusted valuation	51702
per pupil from the district with the lowest three-year average	51703
adjusted valuation per pupil to the district with the highest	51704
three-year average adjusted valuation per pupil;	51705

(D) Divide such ranking into percentiles with the first	51706
percentile containing the one per cent of school districts having	51707
the lowest three-year average adjusted valuations per pupil and	51708
the one-hundredth percentile containing the one per cent of school	51709
districts having the highest three-year average adjusted	51710
valuations per pupil;	51711

(E) Determine the school districts that have three-year	51712
average adjusted valuations per pupil that are greater than the	51713
median three-year average adjusted valuation per pupil for all	51714
school districts in the state;	51715

(F) On or before the first day of September, certify the	51716
information described in divisions (A) to (E) of this section to	51717
the Ohio school facilities commission.	51718

Sec. 3318.031. (A) The Ohio school facilities commission	51719
shall consider student and staff safety and health when reviewing	51720
design plans for classroom facility construction projects proposed	51721
under this chapter. After consulting with appropriate education,	51722
health, and law enforcement personnel, the commission may require	51723
as a condition of project approval under either section 3318.03 or	51724
division (B)(1) of section 3318.41 of the Revised Code such	51725
changes in the design plans as the commission believes will	51726
advance or improve student and staff safety and health in the	51727
proposed classroom facility.	51728

To carry out its duties under this division, the commission	51729
shall review and, if necessary, amend any construction and design	51730
standards used in its project approval process, including	51731
standards for location and number of exits, standards for lead	51732
safety in classroom facilities constructed before 1978 in which	51733
services are provided to children under six years of age, and	51734
location of restrooms, with a focus on advancing student and staff	51735
safety and health.	51736

(B) When reviewing design standards for classroom facility	51737
construction projects proposed under this chapter, the commission	51738
shall also consider the extent to which the design standards	51739
support the following:	51740

(1) ~~Support and facilitation of smaller classes and the trend~~	51741
~~toward smaller schools~~Trends in educational delivery methods,	51742
including digital access and blended learning;	51743

(2) Provision of sufficient space for training new teachers	51744
and promotion of collaboration among teaching candidates,	51745
experienced teachers, and teacher educators;	51746

(3) Provision of adequate space for teacher planning and	51747
collaboration;	51748

(4) Provision of adequate space for parent involvement	51749
activities;	51750

(5) Provision of sufficient space for innovative partnerships	51751
between schools and health and social service agencies.	51752

Sec. 3318.08. Except in the case of a joint vocational	51753
school district that receives assistance under sections 3318.40 to	51754
3318.45 of the Revised Code, if the requisite favorable vote on	51755
the election is obtained, or if the school district board has	51756
resolved to apply the proceeds of a property tax levy or the	51757
proceeds of an income tax, or a combination of proceeds from such	51758
taxes, as authorized in section 3318.052 of the Revised Code, the	51759
Ohio school facilities commission, upon certification to it of	51760
either the results of the election or the resolution under section	51761
3318.052 of the Revised Code, shall enter into a written agreement	51762
with the school district board for the construction and sale of	51763
the project. In the case of a joint vocational school district	51764
that receives assistance under sections 3318.40 to 3318.45 of the	51765
Revised Code, if the school district board of education and the	51766
school district electors have satisfied the conditions prescribed	51767
in division (D)(1) of section 3318.41 of the Revised Code, the	51768
commission shall enter into an agreement with the school district	51769
board for the construction and sale of the project. In either	51770
case, the agreement shall include, but need not be limited to, the	51771
following provisions:	51772

(A) The sale and issuance of bonds or notes in anticipation	51773
thereof, as soon as practicable after the execution of the	51774
agreement, in an amount equal to the school district's portion of	51775
the basic project cost, including any securities authorized under	51776
division (J) of section 133.06 of the Revised Code and dedicated	51777
by the school district board to payment of the district's portion	51778
of the basic project cost of the project; provided, that if at	51779
that time the county treasurer of each county in which the school	51780
district is located has not commenced the collection of taxes on	51781
the general duplicate of real and public utility property for the	51782
year in which the controlling board approved the project, the	51783
school district board shall authorize the issuance of a first	51784
installment of bond anticipation notes in an amount specified by	51785
the agreement, which amount shall not exceed an amount necessary	51786
to raise the net bonded indebtedness of the school district as of	51787
the date of the controlling board's approval to within five	51788
thousand dollars of the required level of indebtedness for the	51789
preceding year. In the event that a first installment of bond	51790
anticipation notes is issued, the school district board shall, as	51791
soon as practicable after the county treasurer of each county in	51792
which the school district is located has commenced the collection	51793
of taxes on the general duplicate of real and public utility	51794
property for the year in which the controlling board approved the	51795
project, authorize the issuance of a second and final installment	51796
of bond anticipation notes or a first and final issue of bonds.	51797

The combined value of the first and second installment of	51798
bond anticipation notes or the value of the first and final issue	51799
of bonds shall be equal to the school district's portion of the	51800
basic project cost. The proceeds of any such bonds shall be used	51801
first to retire any bond anticipation notes. Otherwise, the	51802
proceeds of such bonds and of any bond anticipation notes, except	51803
the premium and accrued interest thereon, shall be deposited in	51804
the school district's project construction fund. In determining	51805
the amount of net bonded indebtedness for the purpose of fixing	51806
the amount of an issue of either bonds or bond anticipation notes,	51807
gross indebtedness shall be reduced by moneys in the bond	51808
retirement fund only to the extent of the moneys therein on the	51809
first day of the year preceding the year in which the controlling	51810
board approved the project. Should there be a decrease in the tax	51811
valuation of the school district so that the amount of	51812
indebtedness that can be incurred on the tax duplicates for the	51813
year in which the controlling board approved the project is less	51814
than the amount of the first installment of bond anticipation	51815
notes, there shall be paid from the school district's project	51816
construction fund to the school district's bond retirement fund to	51817
be applied against such notes an amount sufficient to cause the	51818
net bonded indebtedness of the school district, as of the first	51819
day of the year following the year in which the controlling board	51820
approved the project, to be within five thousand dollars of the	51821
required level of indebtedness for the year in which the	51822
controlling board approved the project. The maximum amount of	51823
indebtedness to be incurred by any school district board as its	51824
share of the cost of the project is either an amount that will	51825
cause its net bonded indebtedness, as of the first day of the year	51826
following the year in which the controlling board approved the	51827
project, to be within five thousand dollars of the required level	51828
of indebtedness, or an amount equal to the required percentage of	51829
the basic project costs, whichever is greater. All bonds and bond	51830
anticipation notes shall be issued in accordance with Chapter 133.	51831
of the Revised Code, and notes may be renewed as provided in	51832
section 133.22 of the Revised Code.	51833

(B) The transfer of such funds of the school district board	51834
available for the project, together with the proceeds of the sale	51835
of the bonds or notes, except premium, accrued interest, and	51836
interest included in the amount of the issue, to the school	51837
district's project construction fund;	51838

(C) For all school districts except joint vocational school	51839
districts that receive assistance under sections 3318.40 to	51840
3318.45 of the Revised Code, the following provisions as	51841
applicable:	51842

(1) If section 3318.052 of the Revised Code applies, the	51843
earmarking of the proceeds of a tax levied under section 5705.21	51844
of the Revised Code for general permanent improvements or under	51845
section 5705.218 of the Revised Code for the purpose of permanent	51846
improvements, or the proceeds of a school district income tax	51847
levied under Chapter 5748. of the Revised Code, or the proceeds	51848
from a combination of those two taxes, in an amount to pay all or	51849
part of the service charges on bonds issued to pay the school	51850
district portion of the project and an amount equivalent to all or	51851
part of the tax required under division (B) of section 3318.05 of	51852
the Revised Code;	51853

(2) If section 3318.052 of the Revised Code does not apply,	51854
one of the following:	51855

(a) The levy of the tax authorized at the election for the	51856
payment of maintenance costs, as specified in division (B) of	51857
section 3318.05 of the Revised Code;	51858

(b) If the school district electors have approved a	51859
continuing tax for general permanent improvements under section	51860
5705.21 of the Revised Code and that tax can be used for	51861
maintenance, the earmarking of an amount of the proceeds from such	51862
tax for maintenance of classroom facilities as specified in	51863
division (B) of section 3318.05 of the Revised Code;	51864

(c) If, in lieu of the tax otherwise required under division	51865
(B) of section 3318.05 of the Revised Code, the commission has	51866
approved the transfer of money to the maintenance fund in	51867
accordance with section 3318.051 of the Revised Code, a	51868
requirement that the district board comply with the provisions of	51869
that section. The district board may rescind the provision	51870
prescribed under division (C)(2)(c) of this section only so long	51871
as the electors of the district have approved, in accordance with	51872
section 3318.063 of the Revised Code, the levy of a tax for the	51873
maintenance of the classroom facilities acquired under the	51874
district's project and that levy continues to be collected as	51875
approved by the electors.	51876

(D) For joint vocational school districts that receive	51877
assistance under sections 3318.40 to 3318.45 of the Revised Code,	51878
provision for deposit of school district moneys dedicated to	51879
maintenance of the classroom facilities acquired under those	51880
sections as prescribed in section 3318.43 of the Revised Code;	51881

(E) Dedication of any local donated contribution as provided	51882
for under section 3318.084 of the Revised Code, including a	51883
schedule for depositing such moneys applied as an offset of the	51884
district's obligation to levy the tax described in division (B) of	51885
section 3318.05 of the Revised Code as required under division	51886
(D)(2) of section 3318.084 of the Revised Code;	51887

(F) Ownership of or interest in the project during the period	51888
of construction, which shall be divided between the commission and	51889
the school district board in proportion to their respective	51890
contributions to the school district's project construction fund;	51891

(G) Maintenance of the state's interest in the project until	51892
any obligations issued for the project under section 3318.26 of	51893
the Revised Code are no longer outstanding;	51894

(H) The insurance of the project by the school district from	51895
the time there is an insurable interest therein and so long as the	51896
state retains any ownership or interest in the project pursuant to	51897
division (F) of this section, in such amounts and against such	51898
risks as the commission shall require; provided, that the cost of	51899
any required insurance until the project is completed shall be a	51900
part of the basic project cost;	51901

(I) The certification by the director of budget and	51902
management that funds are available and have been set aside to	51903
meet the state's share of the basic project cost as approved by	51904
the controlling board pursuant to either section 3318.04 or	51905
division (B)(1) of section 3318.41 of the Revised Code;	51906

(J) Authorization of the school district board to advertise	51907
for and receive construction bids for the project, for and on	51908
behalf of the commission, and to award contracts in the name of	51909
the state subject to approval by the commission;	51910

(K) Provisions for the disbursement of moneys from the school	51911
district's project account upon issuance by the commission or the	51912
commission's designated representative of vouchers for work done	51913
to be certified to the commission by the treasurer of the school	51914
district board;	51915

(L) Disposal of any balance left in the school district's	51916
project construction fund upon completion of the project;	51917

(M) Limitations upon use of the project or any part of it so	51918
long as any obligations issued to finance the project under	51919
section 3318.26 of the Revised Code are outstanding;	51920

(N) Provision for vesting the state's interest in the project	51921
to the school district board when the obligations issued to	51922
finance the project under section 3318.26 of the Revised Code are	51923
outstanding;	51924

(O) Provision for deposit of an executed copy of the	51925
agreement in the office of the commission;	51926

(P) Provision for termination of the contract and release of	51927
the funds encumbered at the time of the conditional approval, if	51928
the proceeds of the sale of the bonds of the school district board	51929
are not paid into the school district's project construction fund	51930
and if bids for the construction of the project have not been	51931
taken within such period after the execution of the agreement as	51932
may be fixed by the commission;	51933

(Q) Provision for the school district to maintain the project	51934
in accordance with a plan approved by the commission;	51935

(R) Provision that all state funds reserved and encumbered to	51936
pay the state share of the cost of the project and the funds	51937
provided by the school district to pay for its share of the	51938
project cost, including the respective shares of the cost of a	51939
segment if the project is divided into segments, be spent on the	51940
construction and acquisition of the project or segment	51941
simultaneously in proportion to the state's and the school	51942
district's respective shares of that basic project cost as	51943
determined under section 3318.032 of the Revised Code or, if the	51944
district is a joint vocational school district, under section	51945
3318.42 of the Revised Code. However, if the school district	51946
certifies to the commission that expenditure by the school	51947
district is necessary to maintain the federal tax status or	51948
tax-exempt status of notes or bonds issued by the school district	51949
to pay for its share of the project cost or to comply with	51950
applicable temporary investment periods or spending exceptions to	51951
rebate as provided for under federal law in regard to those notes	51952
or bonds, the school district may commit to spend, or spend, a	51953
greater portion of the funds it provides during any specific	51954
period than would otherwise be required under this division.	51955

(S) A provision stipulating that the commission may prohibit	51956
the district from proceeding with any project if the commission	51957
determines that the site is not suitable for construction	51958
purposes. The commission may perform soil tests in its	51959
determination of whether a site is appropriate for construction	51960
purposes.	51961

(T) A provision stipulating that, unless otherwise authorized	51962
by the commission, any contingency reserve portion of the	51963
construction budget prescribed by the commission shall be used	51964
only to pay costs resulting from unforeseen job conditions, to	51965
comply with rulings regarding building and other codes, to pay	51966
costs related to design clarifications or corrections to contract	51967
documents, and to pay the costs of settlements or judgments	51968
related to the project as provided under section 3318.086 of the	51969
Revised Code;	51970

(U) ~~Provision~~A provision stipulating that for continued	51971
release of project funds the school district board shall comply	51972
with ~~section~~sections 3313.41 and 3313.411 of the Revised Code	51973
throughout the project and shall notify the department of	51974
education and the Ohio community school association when the board	51975
plans to dispose of facilities by sale under that section;	51976

(V) ~~Provision~~A provision stipulating that the commission	51977
shall not approve a contract for demolition of a facility until	51978
the school district board has complied with ~~section~~sections	51979
3313.41 and 3313.411 of the Revised Code relative to that	51980
facility, unless demolition of that facility is to clear a site	51981
for construction of a replacement facility included in the	51982
district's project;	51983

(W) A requirement for the school district to adhere to a	51984
facilities maintenance plan approved by the commission.	51985

Sec. 3318.31. (A) The Ohio school facilities commission may	51986
perform any act and ensure the performance of any function	51987
necessary or appropriate to carry out the purposes of, and	51988
exercise the powers granted under, Chapter 3318. of the Revised	51989
Code, including any of the following:	51990

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	51991
the Revised Code, rules for the administration of programs	51992
authorized under Chapter 3318. of the Revised Code.	51993

(2) Contract with, retain the services of, or designate, and	51994
fix the compensation of, such agents, accountants, consultants,	51995
advisers, and other independent contractors as may be necessary or	51996
desirable to carry out the programs authorized under Chapter 3318.	51997
of the Revised Code, or authorize the executive director to	51998
perform such powers and duties.	51999

(3) Receive and accept any gifts, grants, donations, and	52000
pledges, and receipts therefrom, to be used for the programs	52001
authorized under Chapter 3318. of the Revised Code.	52002

(4) Make and enter into all contracts, commitments, and	52003
agreements, and execute all instruments, necessary or incidental	52004
to the performance of its duties and the execution of its rights	52005
and powers under Chapter 3318. of the Revised Code, or authorize	52006
the executive director or the Ohio facilities construction	52007
commission to perform such powers and duties.	52008

(5) Request the Ohio facilities construction commission to	52009
debar a contractor as provided in section 153.02 of the Revised	52010
Code.	52011

(B) The ~~Ohio school facilities commission shall appoint and~~	52012
~~fix the compensation of an~~ executive director ~~who~~of the Ohio	52013
facilities construction commission, as appointed under division	52014
(B) of section 123.21 of the Revised Code, shall also serve ~~at the~~	52015
~~pleasure of~~as the executive director for the Ohio school	52016
facilities commission. The executive director shall exercise all	52017
powers that the Ohio school facilities commission possesses,	52018
supervise the operations of the Ohio school facilities commission	52019
and perform such other duties as delegated by the Ohio school	52020
facilities commission. The executive director also shall employ	52021
and fix the compensation of such employees as will facilitate the	52022
activities and purposes of the Ohio school facilities commission,	52023
who shall serve at the pleasure of the executive director. The	52024
employees of the Ohio school facilities commission shall be exempt	52025
from Chapter 4117. of the Revised Code and shall not be public	52026
employees as defined in section 4117.01 of the Revised Code. Any	52027
agreement entered into prior to July 1, 2012, between the office	52028
of collective bargaining and the exclusive representative for	52029
employees of the commission is binding and shall continue to have	52030
effect.	52031

(C) The attorney general shall serve as the legal	52032
representative for the Ohio school facilities commission and may	52033
appoint other counsel as necessary for that purpose in accordance	52034
with section 109.07 of the Revised Code.	52035

Sec. 3318.36. (A)(1) As used in this section:

52036

(a) "Ohio school facilities commission," "classroom	52037
facilities," "school district," "school district board," "net	52038
bonded indebtedness," "required percentage of the basic project	52039
costs," "basic project cost," "valuation," and "percentile" have	52040
the same meanings as in section 3318.01 of the Revised Code.	52041

(b) "Required level of indebtedness" means five per cent of	52042
the school district's valuation for the year preceding the year in	52043
which the commission and school district enter into an agreement	52044
under division (B) of this section, plus [two one-hundredths of	52045
one per cent multiplied by (the percentile in which the district	52046
ranks minus one)].	52047

(c) "Local resources" means any moneys generated in any	52048
manner permitted for a school district board to raise the school	52049
district portion of a project undertaken with assistance under	52050
sections 3318.01 to 3318.20 of the Revised Code.	52051

(d) "Tangible personal property phase-out impacted district"	52052
means a school district for which the taxable value of its	52053
tangible personal property certified under division (A)(2) of	52054
section 3317.021 of the Revised Code for tax year 2005, excluding	52055
the taxable value of public utility personal property, made up	52056
eighteen per cent or more of its total taxable value for tax year	52057
2005 as certified under that section.	52058

(2) For purposes of determining the required level of	52059
indebtedness, the required percentage of the basic project costs	52060
under division (C)(1) of this section, and priority for assistance	52061
under sections 3318.01 to 3318.20 of the Revised Code, the	52062
percentile ranking of a school district with which the commission	52063
has entered into an agreement under this section between the first	52064
day of July and the thirty-first day of August in each fiscal year	52065
is the percentile ranking calculated for that district for the	52066
immediately preceding fiscal year, and the percentile ranking of a	52067
school district with which the commission has entered into such	52068
agreement between the first day of September and the thirtieth day	52069
of June in each fiscal year is the percentile ranking calculated	52070
for that district for the current fiscal year. However, in the	52071
case of a tangible personal property phase-out impacted district,	52072
the district's priority for assistance under sections 3318.01 to	52073
3318.20 of the Revised Code and its portion of the basic project	52074
cost under those sections shall be determined in the manner	52075
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	52076
this section.	52077

(B)(1) There is hereby established the school building	52078
assistance expedited local partnership program. Under the program,	52079
the Ohio school facilities commission may enter into an agreement	52080
with the board of any school district under which the board may	52081
proceed with the new construction or major repairs of a part of	52082
the district's classroom facilities needs, as determined under	52083
sections 3318.01 to 3318.20 of the Revised Code, through the	52084
expenditure of local resources prior to the school district's	52085
eligibility for state assistance under those sections, and may	52086
apply that expenditure toward meeting the school district's	52087
portion of the basic project cost of the total of the district's	52088
classroom facilities needs, as recalculated under division (E) of	52089
this section, when the district becomes eligible for state	52090
assistance under sections 3318.01 to 3318.20 or section 3318.364	52091
of the Revised Code. Any school district that is reasonably	52092
expected to receive assistance under sections 3318.01 to 3318.20	52093
of the Revised Code within two fiscal years from the date the	52094
school district adopts its resolution under division (B) of this	52095
section shall not be eligible to participate in the program	52096
established under this section.	52097

(2) To participate in the program, a school district board	52098
shall first adopt a resolution certifying to the commission the	52099
board's intent to participate in the program.	52100

The resolution shall specify the approximate date that the	52101
board intends to seek elector approval of any bond or tax measures	52102
or to apply other local resources to use to pay the cost of	52103
classroom facilities to be constructed under this section. The	52104
resolution may specify the application of local resources or	52105
elector-approved bond or tax measures after the resolution is	52106
adopted by the board, and in such case the board may proceed with	52107
a discrete portion of its project under this section as soon as	52108
the commission and the controlling board have approved the basic	52109
project cost of the district's classroom facilities needs as	52110
specified in division (D) of this section. The board shall submit	52111
its resolution to the commission not later than ten days after the	52112
date the resolution is adopted by the board.	52113

The commission shall not consider any resolution that is	52114
submitted pursuant to division (B)(2) of this section, as amended	52115
by this amendment, sooner than September 14, 2000.	52116

(3) For purposes of determining when a district that enters	52117
into an agreement under this section becomes eligible for	52118
assistance under sections 3318.01 to 3318.20 of the Revised Code	52119
or priority for assistance under section 3318.364 of the Revised	52120
Code, the commission shall use one of the following as applicable:	52121

(a) Except for a tangible personal property phase-out	52122
impacted district, the district's percentile ranking determined at	52123
the time the district entered into the agreement under this	52124
section, as prescribed by division (A)(2) of this section;	52125

(b) For a tangible personal property phase-out impacted	52126
district, the lesser of (i) the district's percentile ranking	52127
determined at the time the district entered into the agreement	52128
under this section, as prescribed by division (A)(2) of this	52129
section, or (ii) the district's current percentile ranking under	52130
section 3318.011 of the Revised Code.	52131

(4) Any project under this section shall comply with section	52132
3318.03 of the Revised Code and with any specifications for plans	52133
and materials for classroom facilities adopted by the commission	52134
under section 3318.04 of the Revised Code.	52135

(5) If a school district that enters into an agreement under	52136
this section has not begun a project applying local resources as	52137
provided for under that agreement at the time the district is	52138
notified by the commission that it is eligible to receive state	52139
assistance under sections 3318.01 to 3318.20 of the Revised Code,	52140
all assessment and agreement documents entered into under this	52141
section are void.	52142

(6) Only construction of or repairs to classroom facilities	52143
that have been approved by the commission and have been therefore	52144
included as part of a district's basic project cost qualify for	52145
application of local resources under this section.	52146

(C) Based on the results of on-site visits and assessment,	52147
the commission shall determine the basic project cost of the	52148
school district's classroom facilities needs. The commission shall	52149
determine the school district's portion of such basic project	52150
cost, which shall be the greater of:	52151

(1) The required percentage of the basic project costs,	52152
determined based on the school district's percentile ranking;	52153

(2) An amount necessary to raise the school district's net	52154
bonded indebtedness, as of the fiscal year the commission and the	52155
school district enter into the agreement under division (B) of	52156
this section, to within five thousand dollars of the required	52157
level of indebtedness.	52158

(D)(1) When the commission determines the basic project cost	52159
of the classroom facilities needs of a school district and the	52160
school district's portion of that basic project cost under	52161
division (C) of this section, the project shall be conditionally	52162
approved. Such conditional approval shall be submitted to the	52163
controlling board for approval thereof. The controlling board	52164
shall forthwith approve or reject the commission's determination,	52165
conditional approval, and the amount of the state's portion of the	52166
basic project cost; however, no state funds shall be encumbered	52167
under this section. Upon approval by the controlling board, the	52168
school district board may identify a discrete part of its	52169
classroom facilities needs, which shall include only new	52170
construction of or additions or major repairs to a particular	52171
building, to address with local resources. Upon identifying a part	52172
of the school district's basic project cost to address with local	52173
resources, the school district board may allocate any available	52174
school district moneys to pay the cost of that identified part,	52175
including the proceeds of an issuance of bonds if approved by the	52176
electors of the school district.	52177

All local resources utilized under this division shall first	52178
be deposited in the project construction account required under	52179
section 3318.08 of the Revised Code.	52180

(2) Unless the school district board exercises its option	52181
under division (D)(3) of this section, for a school district to	52182
qualify for participation in the program authorized under this	52183
section, one of the following conditions shall be satisfied:	52184

(a) The electors of the school district by a majority vote	52185
shall approve the levy of taxes outside the ten-mill limitation	52186
for a period of twenty-three years at the rate of not less than	52187
one-half mill for each dollar of valuation to be used to pay the	52188
cost of maintaining the classroom facilities included in the basic	52189
project cost as determined by the commission. The form of the	52190
ballot to be used to submit the question whether to approve the	52191
tax required under this division to the electors of the school	52192
district shall be the form for an additional levy of taxes	52193
prescribed in section 3318.361 of the Revised Code, which may be	52194
combined in a single ballot question with the questions prescribed	52195
under section 5705.218 of the Revised Code.	52196

(b) As authorized under division (C) of section 3318.05 of	52197
the Revised Code, the school district board shall earmark from the	52198
proceeds of a permanent improvement tax levied under section	52199
5705.21 of the Revised Code, an amount equivalent to the	52200
additional tax otherwise required under division (D)(2)(a) of this	52201
section for the maintenance of the classroom facilities included	52202
in the basic project cost as determined by the commission.	52203

(c) As authorized under section 3318.051 of the Revised Code,	52204
the school district board shall, if approved by the commission,	52205
annually transfer into the maintenance fund required under section	52206
3318.05 of the Revised Code the amount prescribed in section	52207
3318.051 of the Revised Code in lieu of the tax otherwise required	52208
under division (D)(2)(a) of this section for the maintenance of	52209
the classroom facilities included in the basic project cost as	52210
determined by the commission.	52211

(d) If the school district board has rescinded the agreement	52212
to make transfers under section 3318.051 of the Revised Code, as	52213
provided under division (F) of that section, the electors of the	52214
school district, in accordance with section 3318.063 of the	52215
Revised Code, first shall approve the levy of taxes outside the	52216
ten-mill limitation for the period specified in that section at a	52217
rate of not less than one-half mill for each dollar of valuation.	52218

(e) The school district board shall apply the proceeds of a	52219
tax to leverage bonds as authorized under section 3318.052 of the	52220
Revised Code or dedicate a local donated contribution in the	52221
manner described in division (B) of section 3318.084 of the	52222
Revised Code in an amount equivalent to the additional tax	52223
otherwise required under division (D)(2)(a) of this section for	52224
the maintenance of the classroom facilities included in the basic	52225
project cost as determined by the commission.	52226

(3) A school district board may opt to delay taking any of	52227
the actions described in division (D)(2) of this section until the	52228
school district becomes eligible for state assistance under	52229
sections 3318.01 to 3318.20 of the Revised Code. In order to	52230
exercise this option, the board shall certify to the commission a	52231
resolution indicating the board's intent to do so prior to	52232
entering into an agreement under division (B) of this section.	52233

(4) If pursuant to division (D)(3) of this section a district	52234
board opts to delay levying an additional tax until the district	52235
becomes eligible for state assistance, it shall submit the	52236
question of levying that tax to the district electors as follows:	52237

(a) In accordance with section 3318.06 of the Revised Code if	52238
it will also be necessary pursuant to division (E) of this section	52239
to submit a proposal for approval of a bond issue;	52240

(b) In accordance with section 3318.361 of the Revised Code	52241
if it is not necessary to also submit a proposal for approval of a	52242
bond issue pursuant to division (E) of this section.	52243

(5) No state assistance under sections 3318.01 to 3318.20 of	52244
the Revised Code shall be released until a school district board	52245
that adopts and certifies a resolution under division (D) of this	52246
section also demonstrates to the satisfaction of the commission	52247
compliance with the provisions of division (D)(2) of this section.	52248

Any amount required for maintenance under division (D)(2) of	52249
this section shall be deposited into a separate fund as specified	52250
in division (B) of section 3318.05 of the Revised Code.	52251

(E)(1) If the school district becomes eligible for state	52252
assistance under sections 3318.01 to 3318.20 of the Revised Code	52253
based on its percentile ranking under division (B)(3) of this	52254
section or is offered assistance under section 3318.364 of the	52255
Revised Code, the commission shall conduct a new assessment of the	52256
school district's classroom facilities needs and shall recalculate	52257
the basic project cost based on this new assessment. The basic	52258
project cost recalculated under this division shall include the	52259
amount of expenditures made by the school district board under	52260
division (D)(1) of this section. The commission shall then	52261
recalculate the school district's portion of the new basic project	52262
cost, which shall be one of the following as applicable:	52263

(a) Except for a tangible personal property phase-out	52264
impacted district, the percentage of the original basic project	52265
cost assigned to the school district as its portion under division	52266
(C) of this section;	52267

(b) For a tangible personal property phase-out impacted	52268
district, the lesser of (i) the percentage of the original basic	52269
project cost assigned to the school district as its portion under	52270
division (C) of this section, or (ii) the percentage of the new	52271
basic project cost determined under section 3318.032 of the	52272
Revised Code using the district's current percentile ranking under	52273
section 3318.011 of the Revised Code. ~~The~~	52274

The commission shall deduct the expenditure of school	52275
district moneys made under division (D)(1) of this section from	52276
the school district's portion of the basic project cost as	52277
recalculated under this division. If the amount of school district	52278
resources applied by the school district board to the school	52279
district's portion of the basic project cost under this section is	52280
less than the total amount of such portion as recalculated under	52281
this division, the school district board by a majority vote of all	52282
of its members shall, if it desires to seek state assistance under	52283
sections 3318.01 to 3318.20 of the Revised Code, adopt a	52284
resolution as specified in section 3318.06 of the Revised Code to	52285
submit to the electors of the school district the question of	52286
approval of a bond issue in order to pay any additional amount of	52287
school district portion required for state assistance. Any tax	52288
levy approved under division (D) of this section satisfies the	52289
requirements to levy the additional tax under section 3318.06 of	52290
the Revised Code.	52291

(2) If the amount of school district resources applied by the	52292
school district board to the school district's portion of the	52293
basic project cost under this section is more than the total	52294
amount of such portion as recalculated under ~~this~~ division (E)(1)	52295
of this section, within one year after the school district's	52296
portion is so recalculated ~~under division (E)(1) of this section~~	52297
the commission may grant to the school district the difference	52298
between the two calculated portions, but at no time shall the	52299
commission expend any state funds on a project in an amount	52300
greater than the state's portion of the basic project cost as	52301
recalculated under ~~this~~ division (E)(1) of this section.	52302

Any reimbursement under this division shall be only for local	52303
resources the school district has applied toward construction cost	52304
expenditures for the classroom facilities approved by the	52305
commission, which shall not include any financing costs associated	52306
with that construction.	52307

The school district board shall use any moneys reimbursed to	52308
the district under this division to pay off any debt service the	52309
district owes for classroom facilities constructed under its	52310
project under this section before such moneys are applied to any	52311
other purpose. However, the district board first may deposit	52312
moneys reimbursed under this division into the district's general	52313
fund or a permanent improvement fund to replace local resources	52314
the district withdrew from those funds, as long as, and to the	52315
extent that, those local resources were used by the district for	52316
constructing classroom facilities included in the district's basic	52317
project cost.	52318

(3) A tangible personal property phase-out impacted district	52319
shall receive credit under division (E) of this section for the	52320
expenditure of local resources pursuant to any prior agreement	52321
authorized by this section, notwithstanding any recalculation of	52322
its average taxable value.	52323

Sec. 3318.363. (A) This section applies beginning in fiscal	52324
year 2003 and only to a school district participating in the	52325
school building assistance expedited local partnership program	52326
under section 3318.36 of the Revised Code.	52327

(B) If there is a decrease in the tax valuation of a school	52328
district to which this section applies by ten per cent or greater	52329
from one tax year to the next due to a decrease in the assessment	52330
rate of the taxable property of an electric company that owns	52331
property in the district, as provided for in section 5727.111 of	52332
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	52333
General Assembly, the Ohio school facilities commission shall	52334
calculate or recalculate the state and school district portions of	52335
the basic project cost of the school district's project by	52336
determining the percentile rank in which the district would be	52337
located if such ranking were made using the adjusted valuation per	52338
pupil calculated under division (C) of this section rather than	52339
the three-year average adjusted valuation per pupil, calculated	52340
under division (B) of section 3318.011 of the Revised Code. For	52341
such district, the required percentage of the basic project cost	52342
used to determine the state and school district shares of that	52343
cost under division (C) of section 3318.36 of the Revised Code	52344
shall be based on the percentile rank as calculated under this	52345
section rather than as otherwise provided in division (C)(1) of	52346
section 3318.36 of the Revised Code. If the commission has	52347
determined the state and school district portion of the basic	52348
project cost of such a district's project under section 3318.36 of	52349
the Revised Code prior to that decrease in tax valuation, the	52350
commission shall adjust the state and school district shares of	52351
the basic project cost of such project in accordance with this	52352
section.	52353

(C)(1) As used in divisions (C) and (D) of this section,	52354
"total taxable value," and "formula ADM," ~~and "income factor"~~ have	52355
the same meanings as in section 3317.02 of the Revised Code, and	52356
"income factor" has the same meaning as in section 3318.011 of the	52357
Revised Code.	52358

(2) The adjusted valuation per pupil for a school district to	52359
which this section applies shall be calculated using the following	52360
formula:	52361

(The district's total taxable value for the tax year	52362
preceding the calendar year in which the current fiscal year	52363
begins / the district's formula ADM for the previous fiscal year)	52364
- [$30,000 x (1 - the district's income factor)].	52365

(D) At the request of the Ohio school facilities commission,	52366
the department of education shall report a district's total	52367
taxable value for the tax year preceding the calendar year in	52368
which the current fiscal year begins for any district to which	52369
this section applies as that information has been certified to the	52370
department by the tax commissioner pursuant to section 3317.021 of	52371
the Revised Code.	52372

Sec. 3319.031. Notwithstanding any provision of the Revised	52373
Code to the contrary, if the board of education of a city, local,	52374
or exempted village school district does not appoint a business	52375
manager under section 3319.03 of the Revised Code, the board may	52376
assign powers and duties specified in section 3319.04 of the	52377
Revised Code to one or more employees or officers of the board,	52378
including the treasurer, and may give the employees or officers	52379
any title recognizing the assignment of the powers and duties. The	52380
prohibition, in section 3319.04 of the Revised Code, against a	52381
business manager having possession of moneys does not prevent a	52382
board from assigning powers and duties specified in that section	52383
to the treasurer and does not prevent a treasurer who is assigned	52384
those powers and duties from exercising the powers and duties of	52385
treasurer. If the board assigns the duties of a business manager	52386
under section 3319.04 of the Revised Code to the treasurer, the	52387
treasurer shall not have the authority to make recommendations to	52388
appoint or discharge noneducational employees, except as provided	52389
under section 3313.31 of the Revised Code. Instead, the district	52390
superintendent shall be responsible for making recommendations,	52391
subject to confirmation by the board, for the appointment or	52392
discharge of noneducational employees.	52393

Sec. 3319.07. (A) The board of education of each city,	52394
exempted village, local, and joint vocational school district	52395
shall employ the teachers of the public schools of their	52396
respective districts.	52397

The governing board of each educational service center may	52398
employ special instruction teachers, special education teachers,	52399
and teachers of academic courses in which there are too few	52400
students in each of the school districts entering into agreements	52401
pursuant to section 3313.843 of the Revised Code to warrant each	52402
district's employing teachers for those courses.	52403

When any board makes appointments of teachers, the teachers	52404
in the employ of the board shall be considered before new teachers	52405
are chosen in their stead. In all school districts and in service	52406
centers, no teacher shall be employed unless such person is	52407
nominated by the superintendent of such district or center, or by	52408
another individual designated by the board in the event that the	52409
superintendent's nomination would be a violation of section	52410
2921.42 of the Revised Code. Such board, by a three-fourths vote	52411
of its full membership, may re-employ any teacher whom the	52412
superintendent refuses to appoint.	52413

(B) The board of education of any school district may	52414
contract with the governing board of the educational service	52415
center from which it otherwise receives services to conduct	52416
searches and recruitment of candidates for teacher positions.	52417

Sec. 3319.073. (A) The board of education of each city and	52418
exempted village school district and the governing board of each	52419
educational service center shall adopt or adapt the curriculum	52420
developed by the department of education for, or shall develop in	52421
consultation with public or private agencies or persons involved	52422
in child abuse prevention or intervention programs, a program of	52423
in-service training in the prevention of child abuse, violence,	52424
and substance abuse and the promotion of positive youth	52425
development. Each person employed by any school district or	52426
service center to work in a school as a nurse, teacher, counselor,	52427
school psychologist, or administrator shall complete at least four	52428
hours of the in-service training within two years of commencing	52429
employment with the district or center, and every five years	52430
thereafter. A person who is employed by any school district or	52431
service center to work in an elementary school as a nurse,	52432
teacher, counselor, school psychologist, or administrator on March	52433
30, 2007, shall complete at least four hours of the in-service	52434
training not later than March 30, 2009, and every five years	52435
thereafter. A person who is employed by any school district or	52436
service center to work in a middle or high school as a nurse,	52437
teacher, counselor, school psychologist, or administrator on	52438
October 16, 2009, shall complete at least four hours of the	52439
in-service training not later than October 16, 2011, and every	52440
five years thereafter.	52441

(B) Each board shall incorporate training in school safety	52442
and violence prevention, including human trafficking content, into	52443
the in-service training required by division (A) of this section.	52444
For this purpose, the board shall adopt or adapt the curriculum	52445
developed by the department or shall develop its own curriculum in	52446
consultation with public or private agencies or persons involved	52447
in school safety and violence prevention programs.	52448

(C) Each board shall incorporate training on the board's	52449
harassment, intimidation, or bullying policy adopted under section	52450
3313.666 of the Revised Code into the in-service training required	52451
by division (A) of this section. Each board also shall incorporate	52452
training in the prevention of dating violence into the in-service	52453
training required by that division for middle and high school	52454
employees. The board shall develop its own curricula for these	52455
purposes.	52456

(D) Each board shall incorporate training in youth suicide	52457
awareness and prevention into the in-service training required by	52458
division (A) of this section for each person employed by a school	52459
district or service center to work in a school as a nurse,	52460
teacher, counselor, school psychologist, or administrator, and any	52461
other personnel that the board determines appropriate. For this	52462
purpose, the board shall adopt or adapt the curriculum developed	52463
by the department or shall develop its own curriculum in	52464
consultation with public or private agencies or persons involved	52465
in youth suicide awareness and prevention programs.	52466

The training completed under this division shall count toward	52467
the satisfaction of requirements for professional development	52468
required by the school district or service center board, and the	52469
training may be accomplished through self-review of suitable	52470
suicide prevention materials approved by the board.	52471

Sec. 3319.17. (A) As used in this section, "interdistrict	52472
contract" means any contract or agreement entered into by an	52473
educational service center governing board and another board or	52474
other public entity pursuant to section 3313.17, 3313.841,	52475
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	52476
Revised Code, including any such contract or agreement for the	52477
provision of services funded under division (E) of section	52478
3317.024 of the Revised Code ~~or provided in any unit approved~~	52479
~~under section 3317.05 of the Revised Code~~.	52480

(B) When, for any of the following reasons that apply to any	52481
city, exempted village, local, or joint vocational school district	52482
or any educational service center, the board decides that it will	52483
be necessary to reduce the number of teachers it employs, it may	52484
make a reasonable reduction:	52485

(1) In the case of any district or service center, return to	52486
duty of regular teachers after leaves of absence including	52487
suspension of schools, territorial changes affecting the district	52488
or center, or financial reasons;	52489

(2) In the case of any city, exempted village, local, or	52490
joint vocational school district, decreased enrollment of pupils	52491
in the district;	52492

(3) In the case of any governing board of a service center	52493
providing any particular service directly to pupils pursuant to	52494
one or more interdistrict contracts requiring such service,	52495
reduction in the total number of pupils the governing board is	52496
required to provide with the service under all interdistrict	52497
contracts as a result of the termination or nonrenewal of one or	52498
more of these interdistrict contracts;	52499

(4) In the case of any governing board providing any	52500
particular service that it does not provide directly to pupils	52501
pursuant to one or more interdistrict contracts requiring such	52502
service, reduction in the total level of the service the governing	52503
board is required to provide under all interdistrict contracts as	52504
a result of the termination or nonrenewal of one or more of these	52505
interdistrict contracts.	52506

(C) In making any such reduction, any city, exempted village,	52507
local, or joint vocational school board shall proceed to suspend	52508
contracts in accordance with the recommendation of the	52509
superintendent of schools who shall, within each teaching field	52510
affected, give preference to teachers on continuing contracts. The	52511
board shall not give preference to any teacher based on seniority,	52512
except when making a decision between teachers who have comparable	52513
evaluations.	52514

On a case-by-case basis, in lieu of suspending a contract in	52515
whole, a board may suspend a contract in part, so that an	52516
individual is required to work a percentage of the time the	52517
employee otherwise is required to work under the contract and	52518
receives a commensurate percentage of the full compensation the	52519
employee otherwise would receive under the contract.	52520

The teachers whose continuing contracts are suspended by any	52521
board pursuant to this section shall have the right of restoration	52522
to continuing service status by that board if and when teaching	52523
positions become vacant or are created for which any of such	52524
teachers are or become qualified. No teacher whose continuing	52525
contract has been suspended pursuant to this section shall lose	52526
that right of restoration to continuing service status by reason	52527
of having declined recall to a position that is less than	52528
full-time or, if the teacher was not employed full-time just prior	52529
to suspension of the teacher's continuing contract, to a position	52530
requiring a lesser percentage of full-time employment than the	52531
position the teacher last held while employed in the district or	52532
service center. Seniority shall not be the basis for rehiring a	52533
teacher, except when making a decision between teachers who have	52534
comparable evaluations.	52535

(D) Notwithstanding any provision to the contrary in Chapter	52536
4117. of the Revised Code:	52537

(1) The requirements of this section, as it existed prior to	52538
~~the effective date of this amendment~~September 29, 2011, prevail	52539
over any conflicting provisions of agreements between employee	52540
organizations and public employers entered into between September	52541
29, 2005, and ~~that effective date~~September 29, 2011;	52542

(2) The requirements of this section, as it exists on and	52543
after ~~the effective date of this amendment~~September 29, 2011,	52544
prevail over any conflicting provisions of agreements between	52545
employee organizations and public employers entered into on or	52546
after ~~that effective date~~September 29, 2011.	52547

Sec. 3319.22. (A)(1) The state board of education shall	52548
issue the following educator licenses:	52549

(a) A resident educator license, which shall be valid for	52550
four years, except that the state board, on a case-by-case basis,	52551
may extend the license's duration as necessary to enable the	52552
license holder to complete the Ohio teacher residency program	52553
established under section 3319.223 of the Revised Code;	52554

(b) A professional educator license, which shall be valid for	52555
five years and shall be renewable;	52556

(c) A senior professional educator license, which shall be	52557
valid for five years and shall be renewable;	52558

(d) A lead professional educator license, which shall be	52559
valid for five years and shall be renewable.	52560

(2) The state board may issue any additional educator	52561
licenses of categories, types, and levels the board elects to	52562
provide.	52563

(3) The state board shall adopt rules establishing the	52564
standards and requirements for obtaining each educator license	52565
issued under this section.	52566

(B) The rules adopted under this section shall require at	52567
least the following standards and qualifications for the educator	52568
licenses described in division (A)(1) of this section:	52569

(1) An applicant for a resident educator license shall hold	52570
at least a bachelor's degree from an accredited teacher	52571
preparation program or be a participant in the teach for America	52572
program and meet the qualifications required under section	52573
3319.227 of the Revised Code.	52574

(2) An applicant for a professional educator license shall:

52575

(a) Hold at least a bachelor's degree from an institution of	52576
higher education accredited by a regional accrediting	52577
organization;	52578

(b) Have successfully completed the Ohio teacher residency	52579
program established under section 3319.223 of the Revised Code, if	52580
the applicant's current or most recently issued license is a	52581
resident educator license issued under this section or an	52582
alternative resident educator license issued under section 3319.26	52583
of the Revised Code.	52584

(3) An applicant for a senior professional educator license	52585
shall:	52586

(a) Hold at least a master's degree from an institution of	52587
higher education accredited by a regional accrediting	52588
organization;	52589

(b) Have previously held a professional educator license	52590
issued under this section or section 3319.222 or under former	52591
section 3319.22 of the Revised Code;	52592

(c) Meet the criteria for the accomplished or distinguished	52593
level of performance, as described in the standards for teachers	52594
adopted by the state board under section 3319.61 of the Revised	52595
Code.	52596

(4) An applicant for a lead professional educator license	52597
shall:	52598

(a) Hold at least a master's degree from an institution of	52599
higher education accredited by a regional accrediting	52600
organization;	52601

(b) Have previously held a professional educator license or a	52602
senior professional educator license issued under this section or	52603
a professional educator license issued under section 3319.222 or	52604
former section 3319.22 of the Revised Code;	52605

(c) Meet the criteria for the distinguished level of	52606
performance, as described in the standards for teachers adopted by	52607
the state board under section 3319.61 of the Revised Code;	52608

(d) Either hold a valid certificate issued by the national	52609
board for professional teaching standards or meet the criteria for	52610
a master teacher or other criteria for a lead teacher adopted by	52611
the educator standards board under division (F)(4) or (5) of	52612
section 3319.61 of the Revised Code.	52613

(C) The state board shall align the standards and	52614
qualifications for obtaining a principal license with the	52615
standards for principals adopted by the state board under section	52616
3319.61 of the Revised Code.	52617

(D) If the state board requires any examinations for educator	52618
licensure, the department of education shall provide the results	52619
of such examinations received by the department to the chancellor	52620
of the Ohio board of regents, in the manner and to the extent	52621
permitted by state and federal law.	52622

(E) Any rules the state board of education adopts, amends, or	52623
rescinds for educator licenses under this section, division (D) of	52624
section 3301.07 of the Revised Code, or any other law shall be	52625
adopted, amended, or rescinded under Chapter 119. of the Revised	52626
Code except as follows:	52627

(1) Notwithstanding division (D) of section 119.03 and	52628
division (A)(1) of section 119.04 of the Revised Code, in the case	52629
of the adoption of any rule or the amendment or rescission of any	52630
rule that necessitates institutions' offering preparation programs	52631
for educators and other school personnel that are approved by the	52632
chancellor of the Ohio board of regents under section 3333.048 of	52633
the Revised Code to revise the curriculum of those programs, the	52634
effective date shall not be as prescribed in division (D) of	52635
section 119.03 and division (A)(1) of section 119.04 of the	52636
Revised Code. Instead, the effective date of such rules, or the	52637
amendment or rescission of such rules, shall be the date	52638
prescribed by section 3333.048 of the Revised Code.	52639

(2) Notwithstanding the authority to adopt, amend, or rescind	52640
emergency rules in division (F) of section 119.03 of the Revised	52641
Code, this authority shall not apply to the state board of	52642
education with regard to rules for educator licenses.	52643

(F)(1) The rules adopted under this section establishing	52644
standards requiring additional coursework for the renewal of any	52645
educator license shall require a school district and a chartered	52646
nonpublic school to establish local professional development	52647
committees. In a nonpublic school, the chief administrative	52648
officer shall establish the committees in any manner acceptable to	52649
such officer. The committees established under this division shall	52650
determine whether coursework that a district or chartered	52651
nonpublic school teacher proposes to complete meets the	52652
requirement of the rules. The department of education shall	52653
provide technical assistance and support to committees as the	52654
committees incorporate the professional development standards	52655
adopted by the state board of education pursuant to section	52656
3319.61 of the Revised Code into their review of coursework that	52657
is appropriate for license renewal. The rules shall establish a	52658
procedure by which a teacher may appeal the decision of a local	52659
professional development committee.	52660

(2) In any school district in which there is no exclusive	52661
representative established under Chapter 4117. of the Revised	52662
Code, the professional development committees shall be established	52663
as described in division (F)(2) of this section.	52664

Not later than the effective date of the rules adopted under	52665
this section, the board of education of each school district shall	52666
establish the structure for one or more local professional	52667
development committees to be operated by such school district. The	52668
committee structure so established by a district board shall	52669
remain in effect unless within thirty days prior to an anniversary	52670
of the date upon which the current committee structure was	52671
established, the board provides notice to all affected district	52672
employees that the committee structure is to be modified.	52673
Professional development committees may have a district-level or	52674
building-level scope of operations, and may be established with	52675
regard to particular grade or age levels for which an educator	52676
license is designated.	52677

Each professional development committee shall consist of at	52678
least three classroom teachers employed by the district, one	52679
principal employed by the district, and one other employee of the	52680
district appointed by the district superintendent. For committees	52681
with a building-level scope, the teacher and principal members	52682
shall be assigned to that building, and the teacher members shall	52683
be elected by majority vote of the classroom teachers assigned to	52684
that building. For committees with a district-level scope, the	52685
teacher members shall be elected by majority vote of the classroom	52686
teachers of the district, and the principal member shall be	52687
elected by a majority vote of the principals of the district,	52688
unless there are two or fewer principals employed by the district,	52689
in which case the one or two principals employed shall serve on	52690
the committee. If a committee has a particular grade or age level	52691
scope, the teacher members shall be licensed to teach such grade	52692
or age levels, and shall be elected by majority vote of the	52693
classroom teachers holding such a license and the principal shall	52694
be elected by all principals serving in buildings where any such	52695
teachers serve. The district superintendent shall appoint a	52696
replacement to fill any vacancy that occurs on a professional	52697
development committee, except in the case of vacancies among the	52698
elected classroom teacher members, which shall be filled by vote	52699
of the remaining members of the committee so selected.	52700

Terms of office on professional development committees shall	52701
be prescribed by the district board establishing the committees.	52702
The conduct of elections for members of professional development	52703
committees shall be prescribed by the district board establishing	52704
the committees. A professional development committee may include	52705
additional members, except that the majority of members on each	52706
such committee shall be classroom teachers employed by the	52707
district. Any member appointed to fill a vacancy occurring prior	52708
to the expiration date of the term for which a predecessor was	52709
appointed shall hold office as a member for the remainder of that	52710
term.	52711

The initial meeting of any professional development	52712
committee, upon election and appointment of all committee members,	52713
shall be called by a member designated by the district	52714
superintendent. At this initial meeting, the committee shall	52715
select a chairperson and such other officers the committee deems	52716
necessary, and shall adopt rules for the conduct of its meetings.	52717
Thereafter, the committee shall meet at the call of the	52718
chairperson or upon the filing of a petition with the district	52719
superintendent signed by a majority of the committee members	52720
calling for the committee to meet.	52721

(3) In the case of a school district in which an exclusive	52722
representative has been established pursuant to Chapter 4117. of	52723
the Revised Code, professional development committees shall be	52724
established in accordance with any collective bargaining agreement	52725
in effect in the district that includes provisions for such	52726
committees.	52727

If the collective bargaining agreement does not specify a	52728
different method for the selection of teacher members of the	52729
committees, the exclusive representative of the district's	52730
teachers shall select the teacher members.	52731

If the collective bargaining agreement does not specify a	52732
different structure for the committees, the board of education of	52733
the school district shall establish the structure, including the	52734
number of committees and the number of teacher and administrative	52735
members on each committee; the specific administrative members to	52736
be part of each committee; whether the scope of the committees	52737
will be district levels, building levels, or by type of grade or	52738
age levels for which educator licenses are designated; the lengths	52739
of terms for members; the manner of filling vacancies on the	52740
committees; and the frequency and time and place of meetings.	52741
However, in all cases, except as provided in division (F)(4) of	52742
this section, there shall be a majority of teacher members of any	52743
professional development committee, there shall be at least five	52744
total members of any professional development committee, and the	52745
exclusive representative shall designate replacement members in	52746
the case of vacancies among teacher members, unless the collective	52747
bargaining agreement specifies a different method of selecting	52748
such replacements.	52749

(4) Whenever an administrator's coursework plan is being	52750
discussed or voted upon, the local professional development	52751
committee shall, at the request of one of its administrative	52752
members, cause a majority of the committee to consist of	52753
administrative members by reducing the number of teacher members	52754
voting on the plan.	52755

(G)(1) The department of education, educational service	52756
centers, county boards of developmental disabilities, regional	52757
professional development centers, special education regional	52758
resource centers, college and university departments of education,	52759
head start programs, ~~the eTech Ohio commission,~~ and the Ohio	52760
education computer network may establish local professional	52761
development committees to determine whether the coursework	52762
proposed by their employees who are licensed or certificated under	52763
this section or section 3319.222 of the Revised Code, or under the	52764
former version of either section as it existed prior to October	52765
16, 2009, meet the requirements of the rules adopted under this	52766
section. They may establish local professional development	52767
committees on their own or in collaboration with a school district	52768
or other agency having authority to establish them.	52769

Local professional development committees established by	52770
county boards of developmental disabilities shall be structured in	52771
a manner comparable to the structures prescribed for school	52772
districts in divisions (F)(2) and (3) of this section, as shall	52773
the committees established by any other entity specified in	52774
division (G)(1) of this section that provides educational services	52775
by employing or contracting for services of classroom teachers	52776
licensed or certificated under this section or section 3319.222 of	52777
the Revised Code, or under the former version of either section as	52778
it existed prior to October 16, 2009. All other entities specified	52779
in division (G)(1) of this section shall structure their	52780
committees in accordance with guidelines which shall be issued by	52781
the state board.	52782

(2) Any public agency that is not specified in division	52783
(G)(1) of this section but provides educational services and	52784
employs or contracts for services of classroom teachers licensed	52785
or certificated under this section or section 3319.222 of the	52786
Revised Code, or under the former version of either section as it	52787
existed prior to October 16, 2009, may establish a local	52788
professional development committee, subject to the approval of the	52789
department of education. The committee shall be structured in	52790
accordance with guidelines issued by the state board.	52791

Sec. 3319.235. (A) The standards for the preparation of	52792
teachers adopted under section 3333.048 of the Revised Code shall	52793
require any institution that provides a course of study for the	52794
training of teachers to ensure that graduates of such course of	52795
study are skilled at integrating educational technology in the	52796
instruction of children, as evidenced by the graduate having	52797
either demonstrated proficiency in such skills in a manner	52798
prescribed by the department of education or completed a course	52799
that includes training in such skills.	52800

(B) The ~~eTech Ohio commission~~chancellor of the Ohio board of	52801
regents, in consultation with the department of education, shall	52802
establish model professional development programs to assist	52803
teachers who completed their teacher preparation prior to the	52804
effective date of division (A) of this section to become skilled	52805
at integrating educational technology in the instruction of	52806
children. The ~~commission~~chancellor shall provide technical	52807
assistance to school districts wishing to establish such programs.	52808

Sec. 3319.57. (A) A grant program is hereby established	52809
under which the department of education shall award grants to	52810
assist certain schools in a city, exempted village, local, or	52811
joint vocational school district in implementing one of the	52812
following innovations:	52813

(1) The use of instructional specialists to mentor and	52814
support classroom teachers;	52815

(2) The use of building managers to supervise the	52816
administrative functions of school operation so that a school	52817
principal can focus on supporting instruction, providing	52818
instructional leadership, and engaging teachers as part of the	52819
instructional leadership team;	52820

(3) The reconfiguration of school leadership structure in a	52821
manner that allows teachers to serve in leadership roles so that	52822
teachers may share the responsibility for making and implementing	52823
school decisions;	52824

(4) The adoption of new models for restructuring the school	52825
day or school year, such as including teacher planning and	52826
collaboration time as part of the school day;	52827

(5) The creation of smaller schools or smaller units within	52828
larger schools for the purpose of facilitating teacher	52829
collaboration to improve and advance the professional practice of	52830
teaching;	52831

(6) The implementation of "grow your own" recruitment	52832
strategies that are designed to assist individuals who show a	52833
commitment to education become licensed teachers, to assist	52834
experienced teachers obtain licensure in subject areas for which	52835
there is need, and to assist teachers in becoming principals;	52836

(7) The provision of better conditions for new teachers, such	52837
as reduced teaching load and reduced class size;	52838

(8) The provision of incentives to attract qualified	52839
mathematics, science, or special education teachers;	52840

(9) The development and implementation of a partnership with	52841
teacher preparation programs at colleges and universities to help	52842
attract teachers qualified to teach in shortage areas;	52843

(10) The implementation of a program to increase the cultural	52844
competency of both new and veteran teachers;	52845

(11) The implementation of a program to increase the subject	52846
matter competency of veteran teachers.	52847

(B) To qualify for a grant to implement one of the	52848
innovations described in division (A) of this section, a school	52849
must meet both of the following criteria:	52850

(1) Be hard to staff, as defined by the department.

52851

(2) Use existing school district funds for the implementation	52852
of the innovation in an amount equal to the grant amount	52853
multiplied by (1 - the district's state share ~~percentage~~index for	52854
the fiscal year in which the grant is awarded).	52855

For purposes of division (B)(2) of this section, "state share	52856
~~percentage~~index" has the same meaning as in section 3317.02 of	52857
the Revised Code.	52858

(C) The amount and number of grants awarded under this	52859
section shall be determined by the department based on any	52860
appropriations made by the general assembly for grants under this	52861
section.	52862

(D) The state board of education shall adopt rules for the	52863
administration of this grant program.	52864

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	52865
"guardian," or "other person having charge or care of a child"	52866
means either parent unless the parents are separated or divorced	52867
or their marriage has been dissolved or annulled, in which case	52868
"parent" means the parent who is the residential parent and legal	52869
custodian of the child. If the child is in the legal or permanent	52870
custody of a person or government agency, "parent" means that	52871
person or government agency. When a child is a resident of a home,	52872
as defined in section 3313.64 of the Revised Code, and the child's	52873
parent is not a resident of this state, "parent," "guardian," or	52874
"other person having charge or care of a child" means the head of	52875
the home.	52876

A child between six and eighteen years of age is "of	52877
compulsory school age" for the purpose of sections 3321.01 to	52878
3321.13 of the Revised Code. A child under six years of age who	52879
has been enrolled in kindergarten also shall be considered "of	52880
compulsory school age" for the purpose of sections 3321.01 to	52881
3321.13 of the Revised Code unless at any time the child's parent	52882
or guardian, at the parent's or guardian's discretion and in	52883
consultation with the child's teacher and principal, formally	52884
withdraws the child from kindergarten. The compulsory school age	52885
of a child shall not commence until the beginning of the term of	52886
such schools, or other time in the school year fixed by the rules	52887
of the board of the district in which the child resides.	52888

(2) No child shall be admitted to a kindergarten or a first	52889
grade of a public school in a district in which all children are	52890
admitted to kindergarten and the first grade in August or	52891
September unless the child is five or six years of age,	52892
respectively, by the thirtieth day of September of the year of	52893
admittance, or by the first day of a term or semester other than	52894
one beginning in August or September in school districts granting	52895
admittance at the beginning of such term or semester, unless the	52896
child has been recommended for early admittance in accordance with	52897
the district's acceleration policy adopted under section 3324.10	52898
of the Revised Code. A child who does not meet the age requirement	52899
for admittance to kindergarten or first grade shall be evaluated	52900
for early admittance upon referral by the child's parent or	52901
guardian, an educator employed by the district, a preschool	52902
educator who knows the child, or a pediatrician or psychologist	52903
who knows the child.	52904

(3) Notwithstanding division (A)(2) of this section,	52905
beginning with the school year that starts in 2001 and continuing	52906
thereafter the board of education of any district may adopt a	52907
resolution establishing the first day of August in lieu of the	52908
thirtieth day of September as the required date by which students	52909
must have attained the age specified in that division.	52910

(4) After a student has been admitted to kindergarten in a	52911
school district or chartered nonpublic school, no board of	52912
education of a school district to which the student transfers	52913
shall deny that student admission based on the student's age.	52914

(B) As used in division (C) of this section, "successfully	52915
completed kindergarten" means that the child has completed the	52916
kindergarten requirements at one of the following:	52917

(1) A public or chartered nonpublic school;

52918

(2) A kindergarten class that is both of the following:

52919

(a) Offered by a day-care provider licensed under Chapter	52920
5104. of the Revised Code;	52921

(b) If offered after July 1, 1991, is directly taught by a	52922
teacher who holds one of the following:	52923

(i) A valid educator license issued under section 3319.22 of	52924
the Revised Code;	52925

(ii) A Montessori preprimary credential or age-appropriate	52926
diploma granted by the American Montessori society or the	52927
association Montessori internationale;	52928

(iii) Certification determined under division (F) of this	52929
section to be equivalent to that described in division	52930
(B)(2)(b)(ii) of this section;	52931

(iv) Certification for teachers in nontax-supported schools	52932
pursuant to section 3301.071 of the Revised Code.	52933

(C) Except as provided in division (A)(2) of this section, no	52934
school district shall admit to the first grade any child who has	52935
not successfully completed kindergarten.	52936

(D) The scheduling of times for kindergarten classes and	52937
length of the school day for kindergarten shall be determined by	52938
the board of education of a city, exempted village, or local	52939
school district.	52940

(E) Any kindergarten class offered by a day-care provider or	52941
school described by division (B)(1) or (B)(2)(a) of this section	52942
shall be developmentally appropriate.	52943

(F) Upon written request of a day-care provider described by	52944
division (B)(2)(a) of this section, the department of education	52945
shall determine whether certification held by a teacher employed	52946
by the provider meets the requirement of division (B)(2)(b)(iii)	52947
of this section and, if so, shall furnish the provider a statement	52948
to that effect.	52949

(G) As used in this division, "all-day kindergarten" has the	52950
same meaning as in section 3321.05 of the Revised Code.	52951

(1) ~~Any~~A school district ~~that did not receive for fiscal~~	52952
~~year 2009 poverty-based assistance for all-day kindergarten under~~	52953
~~division (D) of section 3317.029 of the Revised Code~~ may charge	52954
fees or tuition for ~~students~~a student enrolled in all-day	52955
kindergarten only so long as the student is reported as less than	52956
one full-time equivalent student under division (A) of section	52957
3317.03 of the Revised Code. If a district charges fees or tuition	52958
for all-day kindergarten under this division, the district shall	52959
develop a sliding fee scale based on family incomes.	52960

(2) The department of education shall conduct an annual	52961
survey of each school district described in division (G)(1) of	52962
this section to determine the following:	52963

(a) Whether the district charges fees or tuition for students	52964
enrolled in all-day kindergarten;	52965

(b) The amount of the fees or tuition charged;

52966

(c) How many of the students for whom tuition is charged are	52967
eligible for free lunches under the "National School Lunch Act,"	52968
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	52969
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	52970
and how many of the students for whom tuition is charged are	52971
eligible for reduced price lunches under those acts;	52972

(d) How many students are enrolled in traditional half-day	52973
kindergarten rather than all-day kindergarten.	52974

Each district shall report to the department, in the manner	52975
prescribed by the department, the information described in	52976
divisions (G)(2)(a) to (d) of this section.	52977

The department shall issue an annual report on the results of	52978
the survey and shall post the report on its web site. The	52979
department shall issue the first report not later than April 30,	52980
2008, and shall issue a report not later than the thirtieth day of	52981
April each year thereafter.	52982

Sec. 3321.05. (A) As used in this section, "all-day	52983
kindergarten" means a kindergarten class that is in session ~~five~~	52984
~~days per week~~ for not less than the same number of clock hours	52985
each ~~day~~week as for students in grades one through six.	52986

(B) Any school district may operate all-day kindergarten or	52987
extended kindergarten, but no district shall require any student	52988
to attend kindergarten for more than the number of clock hours	52989
required each day for traditional kindergarten by the minimum	52990
standards adopted under division (D) of section 3301.07 of the	52991
Revised Code. Each school district that operates all-day or	52992
extended kindergarten shall accommodate kindergarten students	52993
whose parents or guardians elect to enroll them for the minimum	52994
number of hours.	52995

(C) A school district may use space in child day-care centers	52996
licensed under Chapter 5104. of the Revised Code to provide	52997
all-day kindergarten under this section.	52998

Sec. 3323.021. As used in this section, "participating	52999
county DD board" means a county board of developmental	53000
disabilities electing to participate in the provision of or	53001
contracting for educational services for children under division	53002
(D) of section 5126.05 of the Revised Code.	53003

(A) When a school district, educational service center, or	53004
participating county DD board enters into an agreement or contract	53005
with another school district, educational service center, or	53006
participating county DD board to provide educational services to a	53007
disabled child during a school year, both of the following shall	53008
apply:	53009

(1) Beginning with fiscal year 1999, if the provider of the	53010
services intends to increase the amount it charges for some or all	53011
of those services during the next school year or if the provider	53012
intends to cease offering all or part of those services during the	53013
next school year, the provider shall notify the entity for which	53014
the services are provided of these intended changes no later than	53015
the first day of March of the current fiscal year.	53016

(2) Beginning with fiscal year 1999, if the entity for which	53017
services are provided intends to cease obtaining those services	53018
from the provider for the next school year or intends to change	53019
the type or amount of services it obtains from the provider for	53020
the next school year, the entity shall notify the service provider	53021
of these intended changes no later than the first day of March of	53022
the current fiscal year.	53023

(B) School districts, educational service centers,	53024
participating county DD boards, and other applicable governmental	53025
entities shall collaborate where possible to maximize federal	53026
sources of revenue to provide additional funds for special	53027
education related services for disabled children. Annually, each	53028
school district shall report to the department of education any	53029
amounts of ~~money~~such federal revenue the district received	53030
~~through such medical assistance program~~.	53031

(C) The state board of education, the department of	53032
developmental disabilities, and the department of ~~job and family~~	53033
~~services~~medicaid shall develop working agreements for pursuing	53034
additional funds for services for disabled children.	53035

Sec. 3323.03. The state board of education shall, in	53036
consultation with the department of health, the department of	53037
~~mental health~~mental health and addiction services, and the	53038
department of developmental disabilities, establish standards and	53039
procedures for the identification, location, and evaluation of all	53040
children with disabilities residing in the state, including	53041
children with disabilities who are homeless children or are wards	53042
of the state and children with disabilities attending nonpublic	53043
schools, regardless of the severity of their disabilities, and who	53044
are in need of special education and related services. The state	53045
board shall develop and implement a practical method to determine	53046
which children with disabilities are currently receiving needed	53047
special education and related services.	53048

In conducting the evaluation, the board of education of each	53049
school district shall use a variety of assessment tools and	53050
strategies to gather relevant functional, developmental, and	53051
academic information about the child, including information	53052
provided by the child's parent. The board of education of each	53053
school district, in consultation with the county DD board, the	53054
county family and children first council, and the board of	53055
alcohol, drug addiction, and mental health services of each county	53056
in which the school district has territory, shall identify,	53057
locate, and evaluate all children with disabilities residing	53058
within the district to determine which children with disabilities	53059
are not receiving appropriate special education and related	53060
services. In addition, the board of education of each school	53061
district, in consultation with such county boards or council,	53062
shall identify, locate, and evaluate all children with	53063
disabilities who are enrolled by their parents in nonpublic	53064
elementary and secondary schools located within the public school	53065
district, without regard to where those children reside in	53066
accordance with rules of the state board of education or	53067
guidelines of the superintendent of public instruction.	53068

Each county DD board, county family and children first	53069
council, and board of alcohol, drug addiction, and mental health	53070
services and the board's or council's contract agencies may	53071
transmit to boards of education the names and addresses of	53072
children with disabilities who are not receiving appropriate	53073
special education and related services.	53074

Sec. 3323.04. The state board of education, in consultation	53075
with the department of ~~mental health~~mental health and addiction	53076
services and the department of developmental disabilities, shall	53077
establish procedures and standards for the development of	53078
individualized education programs for children with disabilities.	53079

The state board shall require the board of education of each	53080
school district to develop an individualized education program for	53081
each child with a disability who is at least three years of age	53082
and less than twenty-two years of age residing in the district in	53083
a manner that is in accordance with rules of the state board.	53084

Prior to the placement of a child with a disability in a	53085
program operated under section 3323.09 of the Revised Code, the	53086
district board of education shall consult the county DD board of	53087
the county in which the child resides regarding the proposed	53088
placement.	53089

A child with a disability enrolled in a nonpublic school or	53090
facility shall be provided special education and related services,	53091
in accordance with an individualized education program, at no cost	53092
for those services, if the child is placed in, or referred to,	53093
that nonpublic school or facility by the department of education	53094
or a school district.	53095

The IEP team shall review the individualized education	53096
program of each child with a disability periodically, but at least	53097
annually, to determine whether the annual goals for the child are	53098
being achieved, and shall revise the individualized education	53099
program as appropriate.	53100

The state board shall establish procedures and standards to	53101
assure that to the maximum extent appropriate, children with	53102
disabilities, including children in public or private institutions	53103
or other care facilities, shall be educated with children who are	53104
not disabled. Special classes, separate schools, or other removal	53105
of children with disabilities from the regular educational	53106
environment shall be used only when the nature or severity of a	53107
child's disability is such that education in regular classes with	53108
supplementary aids and services cannot be achieved satisfactorily.	53109

If an agency directly affected by a placement decision	53110
objects to such decision, an impartial hearing officer, appointed	53111
by the department of education from a list prepared by the	53112
department, shall conduct a hearing to review the placement	53113
decision. The agencies that are parties to a hearing shall divide	53114
the costs of such hearing equally. The decision of the hearing	53115
officer shall be final, except that any party to the hearing who	53116
is aggrieved by the findings or the decision of the hearing	53117
officer may appeal the findings or decision in accordance with	53118
division (H) of section 3323.05 of the Revised Code or the parent	53119
of any child affected by such decision may present a complaint in	53120
accordance with that section.	53121

Sec. 3323.07. The state board of education shall authorize	53122
the establishment and maintenance of special education and related	53123
services for all children with disabilities who are at least three	53124
years of age and less than twenty-two years of age, including	53125
children with disabilities who have been suspended or expelled	53126
from school, and may authorize special education and related	53127
services for children with disabilities who are less than three	53128
years of age in accordance with rules adopted by the state board.	53129
The state board shall require the boards of education of school	53130
districts, shall authorize the department of ~~mental health~~mental	53131
health and addiction services and the department of developmental	53132
disabilities, and may authorize any other educational agency, to	53133
establish and maintain such special education and related services	53134
in accordance with standards adopted by the state board.	53135

Sec. 3323.08. (A) Each school district shall submit a plan	53136
to the superintendent of public instruction that provides	53137
assurances that the school district will provide for the education	53138
of children with disabilities within its jurisdiction and has in	53139
effect policies, procedures, and programs that are consistent with	53140
the policies and procedures adopted by the state board of	53141
education in accordance with section 612 of the "Individuals with	53142
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,	53143
and that meet the conditions applicable to school districts under	53144
section 613 of that act, 20 U.S.C. 1413.	53145

Each district's plan shall do all of the following:

53146

(1) Provide, as specified in section 3323.11 of the Revised	53147
Code and in accordance with standards established by the state	53148
board, for an organizational structure and necessary and qualified	53149
staffing and supervision for the identification of and provision	53150
of special education and related services for children with	53151
disabilities;	53152

(2) Provide, as specified by section 3323.03 of the Revised	53153
Code and in accordance with standards established by the state	53154
board, for the identification, location, and evaluation of all	53155
children with disabilities residing in the district, including	53156
children with disabilities who are homeless children or are wards	53157
of the state and children with disabilities attending private	53158
schools and who are in need of special education and related	53159
services. A practical method shall be developed and implemented to	53160
determine which children with disabilities are currently receiving	53161
needed special education and related services.	53162

(3) Provide, as specified by section 3323.07 of the Revised	53163
Code and standards established by the state board, for the	53164
establishment and maintenance of special education and related	53165
services for children with disabilities who are at least three	53166
years of age and less than twenty-two years of age, including	53167
children with disabilities who have been suspended or expelled	53168
from school.	53169

(4) Provide, as specified by section 3323.04 of the Revised	53170
Code and in accordance with standards adopted by the state board,	53171
for an individualized education program for each child with a	53172
disability who is at least three years of age and less than	53173
twenty-two years of age residing within the district;	53174

(5) Provide, as specified by section 3323.02 of the Revised	53175
Code and in accordance with standards established by the state	53176
board, for special education and related services and a free	53177
appropriate public education for every child with a disability who	53178
is at least three years of age and less than twenty-two years of	53179
age, including children with disabilities who have been suspended	53180
or expelled from school;	53181

(6) Provide procedural safeguards and prior written notice as	53182
required under section 3323.05 of the Revised Code and the	53183
standards established by the state board;	53184

(7) Outline the steps that have been or are being taken to	53185
comply with standards established by the state board.	53186

(B)(1) A school district may arrange, by a cooperative	53187
agreement or contract with one or more school districts or with a	53188
cooperative education or joint vocational school district or an	53189
educational service center, to provide for the identification,	53190
location, and evaluation of children with disabilities, and to	53191
provide special education and related services for such children	53192
that meet the standards established by the state board. A school	53193
district may arrange, by a cooperative agreement or contract, for	53194
the provision of related services for children with disabilities	53195
that meet the standards established by the state board.	53196

(2) A school district shall arrange by interagency agreement	53197
with one or more school districts or with a cooperative education	53198
or joint vocational school district or an educational service	53199
center or other providers of early learning services to provide	53200
for the identification, location, evaluation of children with	53201
disabilities of ages birth through five years of age and for the	53202
transition of children with disabilities at age three in	53203
accordance with the standards established by the state board. A	53204
school district may arrange by interagency agreement with	53205
providers of early learning services to provide special education	53206
and related services for such children that meet the standards	53207
established by the state board.	53208

(3) If at the time an individualized education program is	53209
developed for a child a school district is not providing special	53210
education and related services required by that individualized	53211
education program, the school district may arrange by contract	53212
with a nonpublic entity for the provision of the special education	53213
and related services, provided the special education and related	53214
services meet the standards for special education and related	53215
services established by the state board and is provided within the	53216
state.	53217

(4) Any cooperative agreement or contract under division	53218
(B)(1) or (2) of this section involving a local school district	53219
shall be approved by the governing board of the educational	53220
service center which serves that district.	53221

(C) No plan of a local school district shall be submitted to	53222
the superintendent of public instruction until it has been	53223
approved by the superintendent of the educational service center	53224
which serves that district.	53225

(D) Upon approval of a school district's plan by the	53226
superintendent of public instruction, the district shall	53227
immediately certify students for state funds under section 3317.03	53228
of the Revised Code to implement and maintain such plan. ~~The~~	53229
~~district also shall request approval of classroom units under~~	53230
~~division (B) of section 3317.05 of the Revised Code for which the~~	53231
~~district has adequately identified preschool children with~~	53232
~~disabilities and shall, in accordance with procedures adopted by~~	53233
~~the state board, request approval of units under division (C) of~~	53234
~~section 3317.05 of the Revised Code.~~ The district shall, in	53235
accordance with guidelines adopted by the state board, identify	53236
problems relating to the provision of qualified personnel and	53237
adequate facilities, and indicate the extent to which the cost of	53238
programs required under the plan will exceed anticipated state	53239
reimbursement. Each school district shall immediately implement	53240
the identification, location, and evaluation of children with	53241
disabilities in accordance with this chapter, and shall implement	53242
those parts of the plan involving placement and provision of	53243
special education and related services.	53244

Sec. 3323.09. (A) As used in this section:

53245

(1) "Home" has the meaning given in section 3313.64 of the	53246
Revised Code.	53247

(2) "Preschool child" means a child who is at least age three	53248
but under age six on the thirtieth day of September of an academic	53249
year.	53250

(B) Each county DD board shall establish special education	53251
programs for all children with disabilities who in accordance with	53252
section 3323.04 of the Revised Code have been placed in special	53253
education programs operated by the county board and for preschool	53254
children who are developmentally delayed or at risk of being	53255
developmentally delayed. The board annually shall submit to the	53256
department of education a plan for the provision of these programs	53257
~~and, if applicable, a request for approval of units under section~~	53258
~~3317.05 of the Revised Code~~. The superintendent of public	53259
instruction shall review the plan and approve or modify it in	53260
accordance with rules adopted by the state board of education	53261
under section 3301.07 of the Revised Code. The superintendent of	53262
public instruction shall compile the plans submitted by county	53263
boards and shall submit a comprehensive plan to the state board.	53264

A county DD board may combine transportation for children	53265
enrolled in classes funded under ~~section~~sections 3317.0213 or	53266
3317.20 ~~or units approved under section 3317.05~~ with	53267
transportation for children and adults enrolled in programs and	53268
services offered by the board under Chapter 5126. of the Revised	53269
Code.	53270

(C) A county DD board that during the school year provided	53271
special education pursuant to this section for any child with	53272
mental disabilities under twenty-two years of age shall prepare	53273
and submit the following reports and statements:	53274

(1) The board shall prepare a statement for each child who at	53275
the time of receiving such special education was a resident of a	53276
home and was not in the legal or permanent custody of an Ohio	53277
resident or a government agency in this state, and whose natural	53278
or adoptive parents are not known to have been residents of this	53279
state subsequent to the child's birth. The statement shall contain	53280
the child's name, the name of the child's school district of	53281
residence, the name of the county board providing the special	53282
education, and the number of months, including any fraction of a	53283
month, it was provided. Not later than the thirtieth day of June,	53284
the board shall forward a certified copy of such statement to both	53285
the director of developmental disabilities and to the home.	53286

Within thirty days after its receipt of a statement, the home	53287
shall pay tuition to the county board computed in the manner	53288
prescribed by section 3323.141 of the Revised Code.	53289

(2) The board shall prepare a report for each school district	53290
that is the school district of residence of one or more of such	53291
children for whom statements are not required by division (C)(1)	53292
of this section. The report shall contain the name of the county	53293
board providing special education, the name of each child	53294
receiving special education, the number of months, including	53295
fractions of a month, that the child received it, and the name of	53296
the child's school district of residence. Not later than the	53297
thirtieth day of June, the board shall forward certified copies of	53298
each report to the school district named in the report, the	53299
superintendent of public instruction, and the director of	53300
developmental disabilities.	53301

Sec. 3323.091. (A) The department of ~~mental health~~mental	53302
health and addiction services, the department of developmental	53303
disabilities, the department of youth services, and the department	53304
of rehabilitation and correction shall establish and maintain	53305
special education programs for children with disabilities in	53306
institutions under their jurisdiction according to standards	53307
adopted by the state board of education.	53308

(B) ~~The superintendent of each state institution required to~~	53309
~~provide services under division (A) of this section, and each~~	53310
~~county DD board, providing special education for preschool~~	53311
~~children with disabilities under this chapter may apply to the~~	53312
~~state department of education for unit funding, which shall be~~	53313
~~paid in accordance with sections 3317.052 and 3317.053 of the~~	53314
~~Revised Code.~~	53315

The superintendent of each state institution required to	53316
provide services under division (A) of this section may apply to	53317
the department of education for special education and related	53318
services ~~weighted~~ funding for children with disabilities other	53319
than preschool children with disabilities, calculated in	53320
accordance with section 3317.201 of the Revised Code.	53321

Each county DD board providing special education for children	53322
with disabilities other than preschool children with disabilities	53323
may apply to the department of education for ~~base cost and~~	53324
opportunity funds, special education and related services ~~weighted~~	53325
funding, and targeted assistance funds calculated in accordance	53326
with section 3317.20 of the Revised Code.	53327

(C) In addition to the authorization to apply for state	53328
funding described in division (B) of this section, each state	53329
institution required to provide services under division (A) of	53330
this section is entitled to tuition payments calculated in the	53331
manner described in division (C) of this section.	53332

On or before the thirtieth day of June of each year, the	53333
superintendent of each institution that during the school year	53334
provided special education pursuant to this section shall prepare	53335
a statement for each child with a disability under twenty-two	53336
years of age who has received special education. The statement	53337
shall contain the child's data verification code assigned pursuant	53338
to division (D)(2) of section 3301.0714 of the Revised Code and	53339
the name of the child's school district of residence. Within sixty	53340
days after receipt of such statement, the department of education	53341
shall perform one of the following:	53342

(1) For any child except a preschool child with a disability	53343
described in division (C)(2) of this section, pay to the	53344
institution submitting the statement an amount equal to the	53345
tuition calculated under division (A) of section 3317.08 of the	53346
Revised Code for the period covered by the statement, and deduct	53347
the same from the amount of state funds, if any, payable under	53348
Chapter 3317. of the Revised Code, to the child's school district	53349
of residence or, if the amount of such state funds is	53350
insufficient, require the child's school district of residence to	53351
pay the institution submitting the statement an amount equal to	53352
the amount determined under this division.	53353

(2) For any preschool child with a disability ~~not included in~~	53354
~~a unit approved under division (B) of section 3317.05 of the~~	53355
~~Revised Code~~, perform the following:	53356

(a) Pay to the institution submitting the statement an amount	53357
equal to the tuition calculated under division (B) of section	53358
3317.08 of the Revised Code for the period covered by the	53359
statement, except that in calculating the tuition under that	53360
section the operating expenses of the institution submitting the	53361
statement under this section shall be used instead of the	53362
operating expenses of the school district of residence;	53363

(b) Deduct from the amount of state funds, if any, payable	53364
under Chapter 3317. of the Revised Code to the child's school	53365
district of residence an amount equal to the amount paid under	53366
division (C)(2)(a) of this section.	53367

Sec. 3323.13. (A) If a child who is a school resident of one	53368
school district receives special education from another district,	53369
the board of education of the district providing the education,	53370
subject to division (C) of this section, may require the payment	53371
by the board of education of the district of residence of a sum	53372
not to exceed one of the following, as applicable:	53373

(1) For any child except a preschool child with a disability	53374
described in division (A)(2) of this section, the tuition of the	53375
district providing the education for a child of normal needs of	53376
the same school grade. The determination of the amount of such	53377
tuition shall be in the manner provided for by division (A) of	53378
section 3317.08 of the Revised Code.	53379

(2) For any preschool child with a disability ~~not included in~~	53380
~~a unit approved under division (B) of section 3317.05 of the~~	53381
~~Revised Code~~, the tuition of the district providing the education	53382
for the child as calculated under division (B) of section 3317.08	53383
of the Revised Code, multiplied by 0.50.	53384

(B) The board of the district of residence may contract with	53385
the board of another district for the transportation of such child	53386
into any school in such other district, on terms agreed upon by	53387
such boards. Upon direction of the state board of education, the	53388
board of the district of residence shall pay for the child's	53389
transportation and the tuition.	53390

(C) The board of education of a district providing the	53391
education for a child shall be entitled to require payment from	53392
the district of residence under this section or section 3323.14 of	53393
the Revised Code only if the district providing the education has	53394
done at least one of the following:	53395

(1) Invited the district of residence to send representatives	53396
to attend the meetings of the team developing the child's	53397
individualized education program;	53398

(2) Received from the district of residence a copy of the	53399
individualized education program or a multifactored evaluation	53400
developed for the child by the district of residence;	53401

(3) Informed the district of residence in writing that the	53402
district is providing the education for the child.	53403

As used in division (C)(2) of this section, "multifactored	53404
evaluation" means an evaluation, conducted by a multidisciplinary	53405
team, of more than one area of the child's functioning so that no	53406
single procedure shall be the sole criterion for determining an	53407
appropriate educational program placement for the child.	53408

Sec. 3323.14. ~~This section does not apply to any preschool~~	53409
~~child with a disability except if included in a unit approved~~	53410
~~under division (B) of section 3317.05 of the Revised Code.~~	53411

(A) Where a child who is a school resident of one school	53412
district receives special education from another district and the	53413
per capita cost to the educating district for that child exceeds	53414
the sum of the amount received by the educating district for that	53415
child under division (A) of section 3317.08 of the Revised Code	53416
and the amount received by the district from the state board of	53417
education for that child, then the board of education of the	53418
district of residence shall pay to the board of the school	53419
district that is providing the special education such excess cost	53420
as is determined by using a formula approved by the department of	53421
education and agreed upon in contracts entered into by the boards	53422
of the districts concerned at the time the district providing such	53423
special education accepts the child for enrollment. The department	53424
shall certify the amount of the payments under Chapter 3317. of	53425
the Revised Code for such pupils with disabilities for each school	53426
year ending on the thirtieth day of July.	53427

(B) In the case of a child described in division (A) of this	53428
section who has been placed in a home, as defined in section	53429
3313.64 of the Revised Code, pursuant to the order of a court and	53430
who is not subject to section 3323.141 of the Revised Code, the	53431
district providing the child with special education and related	53432
services may charge to the child's district of residence the	53433
excess cost determined by formula approved by the department,	53434
regardless of whether the district of residence has entered into a	53435
contract with the district providing the services. If the district	53436
providing the services chooses to charge excess costs, the	53437
district may report the amount calculated under this division to	53438
the department.	53439

(C) If a district providing special education for a child	53440
reports an amount for the excess cost of those services, as	53441
authorized and calculated under division (A) or (B) of this	53442
section, the department shall pay that amount of excess cost to	53443
the district providing the services and shall deduct that amount	53444
from the child's district of residence in accordance with division	53445
(K) of section 3317.023 of the Revised Code.	53446

Sec. 3323.141. (A) When a child who is not in the legal or	53447
permanent custody of an Ohio resident or a government agency in	53448
this state and whose natural or adoptive parents are not known to	53449
have been residents of this state subsequent to the child's birth	53450
is a resident of a home as defined in section 3313.64 of the	53451
Revised Code and receives special education and related services	53452
from a school district or county ~~MR/DD~~DD board, the home shall	53453
pay tuition to the board providing the special education.	53454

(B) In the case of a child described in division (A) of this	53455
section who receives special education and related services from a	53456
school district, tuition shall be the amount determined under	53457
division (B)(1) or (2) of this section.	53458

(1) For a child other than a child described in division	53459
(B)(2) of this section the tuition shall be an amount equal to the	53460
sum of the following:	53461

(a) Tuition as determined in the manner provided for by	53462
division (B) of section 3317.081 of the Revised Code for the	53463
district that provides the special education;	53464

(b) Such excess cost as is determined by using a formula	53465
established by rule of the department of education. The excess	53466
cost computed in this section shall not be used as excess cost	53467
computed under section 3323.14 of the Revised Code.	53468

(2) For a child who is a preschool child with a disability	53469
~~not included in a unit approved under division (B) of section~~	53470
~~3317.05 of the Revised Code~~, the tuition shall be computed as	53471
follows:	53472

(a) Determine the amount of the tuition of the district	53473
providing the education for the child as calculated under division	53474
(B) of section 3317.08 of the Revised Code;	53475

(b) For each type of special education service included in	53476
the computation of the amount of tuition under division (B)(2)(a)	53477
of this section, divide the amount determined for that computation	53478
under division (B)(2) of section 3317.08 of the Revised Code by	53479
the total number of preschool children with disabilities used for	53480
that computation under division (B)(3) of section 3317.08 of the	53481
Revised Code;	53482

(c) Determine the sum of the quotients obtained under	53483
division (B)(2)(b) of this section;	53484

(d) Determine the sum of the amounts determined under	53485
divisions (B)(2)(a) and (c) of this section.	53486

(C) In the case of a child described in division (A) of this	53487
section who receives special education and related services from a	53488
county ~~MR/DD~~DD board, tuition shall be the amount determined	53489
under division (C)(1) or (2) of this section.	53490

(1) For a child other than a child described in division	53491
(C)(2) of this section, the tuition shall be an amount equal to	53492
such board's per capita cost of providing special education and	53493
related services for children at least three but less than	53494
twenty-two years of age as determined by using a formula	53495
established by rule of the department of developmental	53496
disabilities.	53497

(2) For a child who is a preschool child with a disability	53498
~~not included in a unit approved under division (B) of section~~	53499
~~3317.05 of the Revised Code~~, the tuition shall equal the sum of	53500
the amounts of each such board's per capita cost of providing each	53501
of the special education or related service that the child	53502
receives. The calculation of tuition shall be made by using a	53503
formula established by rule of the department of developmental	53504
disabilities. The formula for the calculation of per capita costs	53505
under division (C)(2) of this section shall be based only on each	53506
such ~~MR/DD~~DD board's cost of providing each type of special	53507
education or related service to preschool children with	53508
disabilities ~~not included in a unit approved under division (B) of~~	53509
~~section 3317.05 of the Revised Code~~.	53510

(D) If a home fails to pay the tuition required under this	53511
section, the board of education or county ~~MR/DD~~DD board providing	53512
the education may recover in a civil action the tuition and the	53513
expenses incurred in prosecuting the action, including court costs	53514
and reasonable attorney's fees. If the prosecuting attorney or	53515
city director of law represents the board in such action, costs	53516
and reasonable attorney's fees awarded by the court, based upon	53517
the time spent preparing and presenting the case by the	53518
prosecuting attorney, director, or a designee of either, shall be	53519
deposited in the county or city general fund.	53520

Sec. 3323.142. ~~This section does not apply to any preschool~~	53521
~~child with a disability except if included in a unit approved~~	53522
~~under division (B) of section 3317.05 of the Revised Code.~~	53523

As used in this section, "per pupil amount" for a preschool	53524
child with a disability included in such an approved unit means	53525
the amount determined by dividing the amount received for the	53526
classroom unit in which the child has been placed by the number of	53527
children in the unit. For any other child, "per pupil amount"	53528
means the amount paid for the child under section 3317.20 of the	53529
Revised Code.	53530

When a school district places or has placed a child with a	53531
county DD board for special education, but another district is	53532
responsible for tuition under section 3313.64 or 3313.65 of the	53533
Revised Code and the child is not a resident of the territory	53534
served by the county DD board, the board may charge the district	53535
responsible for tuition with the educational costs in excess of	53536
the per pupil amount received by the board under Chapter 3317. of	53537
the Revised Code. The amount of the excess cost shall be	53538
determined by the formula established by rule of the department of	53539
education under section 3323.14 of the Revised Code, and the	53540
payment for such excess cost shall be made by the school district	53541
directly to the county DD board.	53542

A school district board of education and the county DD board	53543
that serves the school district may negotiate and contract, at or	53544
after the time of placement, for payments by the board of	53545
education to the county DD board for additional services provided	53546
to a child placed with the county DD board and whose	53547
individualized education program established pursuant to section	53548
3323.08 of the Revised Code requires additional services that are	53549
not routinely provided children in the county DD board's program	53550
but are necessary to maintain the child's enrollment and	53551
participation in the program. Additional services may include, but	53552
are not limited to, specialized supplies and equipment for the	53553
benefit of the child and instruction, training, or assistance	53554
provided by staff members other than staff members for which	53555
funding is received under Chapter 3317. of the Revised Code.	53556

Sec. 3326.11. Each science, technology, engineering, and	53557
mathematics school established under this chapter and its	53558
governing body shall comply with sections 9.90, 9.91, 109.65,	53559
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	53560
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	53561
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	53562
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	53563
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	53564
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	53565
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	53566
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	53567
3313.816, 3313.817, 3313.86, ~~3313.88,~~ 3313.96, 3319.073, 3319.21,	53568
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	53569
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	53570
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	53571
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	53572
4123., 4141., and 4167. of the Revised Code as if it were a school	53573
district.	53574

Sec. 3326.112. The governing body of each STEM school shall	53575
comply with the standards for financial reporting adopted under	53576
division (B)(2) of section 3301.07 of the Revised Code.	53577

Sec. 3326.20. (A) As used in this section, "native student"	53578
means a student entitled to attend school in the school district	53579
under section 3313.64 or 3313.65 of the Revised Code.	53580

(B) Unless either the proposal for the establishment of a	53581
science, technology, engineering, and mathematics school, as it	53582
was approved by the STEM committee under section 3326.03 of the	53583
Revised Code, ~~otherwise~~ provides for the transportation of	53584
students to and from the STEM school, or the parent of a native	53585
student or that student opts to receive the transportation subsidy	53586
prescribed by section 3327.02 of the Revised Code, the board of	53587
education of each city, local, and exempted village school	53588
district shall provide transportation to and from school for its	53589
~~district's~~ native students enrolled in the STEM school in the same	53590
manner that section 3327.01 of the Revised Code requires for its	53591
native students enrolled in nonpublic schools.	53592

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	53593
Revised Code:	53594

(A) ~~"Applicable special education weight" means the multiple~~	53595
~~specified in section 3317.013 of the Revised Code for a disability~~	53596
~~described in that section.~~	53597

~~(B) "Applicable vocational education weight" means the~~	53598
~~multiple specified in section 3317.014 of the Revised Code for~~	53599
~~vocational education programs or classes described in that section~~	53600
(1) "Category one career-technical education student" means a	53601
student who is receiving the career-technical education services	53602
described in division (A) of section 3317.014 of the Revised Code.	53603

(2) "Category two career-technical student" means a student	53604
who is receiving the career-technical education services described	53605
in division (B) of section 3317.014 of the Revised Code.	53606

(3) "Category three career-technical student" means a student	53607
who is receiving the career-technical education services described	53608
in division (C) of section 3317.014 of the Revised Code.	53609

(4) "Category four career-technical student" means a student	53610
who is receiving the career-technical education services described	53611
in division (D) of section 3317.014 of the Revised Code.	53612

(5) "Category five career-technical education student" means	53613
a student who is receiving the career-technical education services	53614
described in division (E) of section 3317.014 of the Revised Code.	53615

(B)(1) "Category one limited English proficient student"	53616
means a limited English proficient student described in division	53617
(A) of section 3317.016 of the Revised Code.	53618

(2) "Category two limited English proficient student" means a	53619
limited English proficient student described in division (B) of	53620
section 3317.016 of the Revised Code.	53621

(3) "Category three limited English proficient student" means	53622
a limited English proficient student described in division (C) of	53623
section 3317.016 of the Revised Code.	53624

(C)(1) "Category one special education student" means a	53625
student who is receiving special education services for a	53626
disability specified in division (A) of section 3317.013 of the	53627
Revised Code.	53628

(2) "Category two special education student" means a student	53629
who is receiving special education services for a disability	53630
specified in division (B) of section 3317.013 of the Revised Code.	53631

(3) "Category three special education student" means a	53632
student who is receiving special education services for a	53633
disability specified in division (C) of section 3317.013 of the	53634
Revised Code.	53635

(4) "Category four special education student" means a student	53636
who is receiving special education services for a disability	53637
specified in division (D) of section 3317.013 of the Revised Code.	53638

(5) "Category five special education student" means a student	53639
who is receiving special education services for a disability	53640
specified in division (E) of section 3317.013 of the Revised Code.	53641

(6) "Category six special education student" means a student	53642
who is receiving special education services for a disability	53643
specified in division (F) of section 3317.013 of the Revised Code.	53644

~~(C)~~(D) "Formula amount" has the same meaning as in section	53645
3317.02 of the Revised Code.	53646

~~(D)~~(E) "IEP" means an individualized education program as	53647
defined in section 3323.01 of the Revised Code.	53648

~~(E) A student is "included in the poverty student count of~~	53649
~~the student's resident district" if the student's family receives~~	53650
~~assistance under the Ohio works first program.~~	53651

(F) "Resident district" means the school district in which a	53652
student is entitled to attend school under section 3313.64 or	53653
3313.65 of the Revised Code.	53654

(G) "State education aid" has the same meaning as in section	53655
5751.20 of the Revised Code.	53656

Sec. 3326.32. Each science, technology, engineering, and	53657
mathematics school shall report to the department of education, in	53658
the form and manner required by the department, all of the	53659
following information:	53660

(A) The total number of students enrolled in the school;

53661

(B) The number of students who are receiving special	53662
education and related services pursuant to an IEP;	53663

(C) For each student reported under division (B) of this	53664
section, which category specified in divisions (A) to (F) of	53665
section 3317.013 of the Revised Code applies to the student;	53666

(D) The full-time equivalent number of students who are	53667
enrolled in ~~vocational~~career-technical education programs or	53668
classes described in each of divisions (A) ~~and~~, (B), (C), (D), and	53669
(E) of section 3317.014 of the Revised Code that are provided by	53670
the STEM school;	53671

(E) The number of students who are limited English proficient	53672
students and which category specified in divisions (A) to (C) of	53673
section 3317.016 of the Revised Code applies to each student;	53674

(F) The number of students reported under division (A) of	53675
this section who are economically disadvantaged, as defined by the	53676
department. A student shall not be categorically excluded from the	53677
number reported under division (F) of this section based on	53678
anything other than family income.	53679

(G) The resident district of each student;

53680

~~(F)~~(H) Any additional information the department determines	53681
necessary to make payments under this chapter.	53682

Sec. 3326.33. ~~Payments and deductions under this section for~~	53683
~~fiscal years 2012 and 2013 shall be made in accordance with~~	53684
~~section 3326.39 of the Revised Code.~~	53685

For each student enrolled in a science, technology,	53686
engineering, and mathematics school established under this	53687
chapter, on a full-time equivalency basis, the department of	53688
education annually shall deduct from the state education aid of a	53689
student's resident school district and, if necessary, from the	53690
payment made to the district under sections 321.24 and 323.156 of	53691
the Revised Code and pay to the school the sum of the following:	53692

(A) ~~The sum of the formula amount plus the per pupil amount~~	53693
~~of the base funding supplements specified in divisions (C)(1) to~~	53694
~~(4) of section 3317.012 of the Revised Code.~~	53695

~~(B) If the student is receiving special education and related~~	53696
~~services pursuant to an IEP, the product of the applicable special~~	53697
~~education weight times the formula amount;~~	53698

~~(C) If the student is enrolled in vocational education~~	53699
~~programs or classes that are described in section 3317.014 of the~~	53700
~~Revised Code, are provided by the school, and are comparable as~~	53701
~~determined by the superintendent of public instruction to school~~	53702
~~district vocational education programs and classes eligible for~~	53703
~~state weighted funding under section 3317.014 of the Revised Code,~~	53704
~~the product of the applicable vocational education weight times~~	53705
~~the formula amount times the percentage of time the student spends~~	53706
~~in the vocational education programs or classes;~~	53707

~~(D) If the student is included in the poverty student count~~	53708
~~of the student's resident district, the per pupil amount of the~~	53709
~~district's payment under division (C) of section 3317.029 of the~~	53710
~~Revised Code;~~	53711

~~(E) If the student is identified as limited English~~	53712
~~proficient and the student's resident district receives a payment~~	53713
~~for services to limited English proficient students under division~~	53714
~~(F) of section 3317.029 of the Revised Code, the per pupil amount~~	53715
~~of the district's payment under that division, calculated in the~~	53716
~~same manner as per pupil payments are calculated under division~~	53717
~~(C)(6) of section 3314.08 of the Revised Code;~~	53718

~~(F) If the student's resident district receives a payment~~	53719
~~under division (G), (H), or (I) of section 3317.029 of the Revised~~	53720
~~Code, the per pupil amount of the district's payments under each~~	53721
~~division, calculated in the same manner as per pupil payments are~~	53722
~~calculated under divisions (C)(7) and (8) of section 3314.08 of~~	53723
~~the Revised Code;~~	53724

~~(G) If the student's resident district receives a parity aid~~	53725
~~payment under section 3317.0217 of the Revised Code, the per pupil~~	53726
~~amount calculated for the district under division (C) or (D) of~~	53727
~~that section~~An opportunity grant in an amount equal to the	53728
formula amount;	53729

(B) The per pupil amount of targeted assistance funds	53730
calculated under division (A) of section 3317.0217 of the Revised	53731
Code for the student's resident district, as determined by the	53732
department, X 0.25;	53733

(C) Additional state aid for special education and related	53734
services provided under Chapter 3323. of the Revised Code as	53735
follows:	53736

(1) If the student is a category one special education	53737
student, the formula amount X the multiple specified in division	53738
(A) of section 3317.013 of the Revised Code;	53739

(2) If the student is a category two special education	53740
student, the formula amount X the multiple specified in division	53741
(B) of section 3317.013 of the Revised Code;	53742

(3) If the student is a category three special education	53743
student, the formula amount X the multiple specified in division	53744
(C) of section 3317.013 of the Revised Code;	53745

(4) If the student is a category four special education	53746
student, the formula amount X the multiple specified in division	53747
(D) of section 3317.013 of the Revised Code;	53748

(5) If the student is a category five special education	53749
student, the formula amount X the multiple specified in division	53750
(E) of section 3317.013 of the Revised Code;	53751

(6) If the student is a category six special education	53752
student, the formula amount X the multiple specified in division	53753
(F) of section 3317.013 of the Revised Code.	53754

(D) If the student is in kindergarten through third grade,	53755
$300, in fiscal year 2014, or $303, in fiscal year 2015;	53756

(E) If the student is economically disadvantaged, an amount	53757
equal to the following:	53758

($340, in fiscal year 2014, or $343, in fiscal year 2015) X (the	53759
resident district's economically disadvantaged index)	53760

(F) Limited English proficiency funds, as follows:

53761

(1) If the student is a category one limited English	53762
proficient student, the amount specified in division (A) of	53763
section 3317.016 of the Revised Code;	53764

(2) If the student is a category two limited English	53765
proficient student, the amount specified in division (B) of	53766
section 3317.016 of the Revised Code;	53767

(3) If the student is a category three limited English	53768
proficient student, the amount specified in division (C) of	53769
section 3317.016 of the Revised Code.	53770

(G) Career-technical education funds as follows:

53771

(1) If the student is a category one career-technical	53772
education student, the formula amount X the multiple specified in	53773
division (A) of section 3317.014 of the Revised Code;	53774

(2) If the student is a category two career-technical	53775
education student, the formula amount X the multiple specified in	53776
division (B) of section 3317.014 of the Revised Code;	53777

(3) If the student is a category three career-technical	53778
education student, the formula amount X the multiple specified in	53779
division (C) of section 3317.014 of the Revised Code;	53780

(4) If the student is a category four career-technical	53781
education student, the formula amount X the multiple specified in	53782
division (D) of section 3317.014 of the Revised Code;	53783

(5) If the student is a category five career-technical	53784
education student, the formula amount X the multiple specified in	53785
division (E) of section 3317.014 of the Revised Code.	53786

Deduction and payment of funds under division (G) of this	53787
section is subject to approval under section 3317.161 of the	53788
Revised Code.	53789

Sec. 3326.34. If a science, technology, engineering, and	53790
mathematics school established under this chapter incurs costs for	53791
a fiscal year for a student receiving special education and	53792
related services pursuant to an IEP for a disability described in	53793
divisions (B) to (F) of section 3317.013 of the Revised Code that	53794
exceed the threshold catastrophic cost for serving the student as	53795
specified in division ~~(C)(3)(b)~~(B) of section ~~3317.022~~3317.0214	53796
of the Revised Code, the STEM school may submit to the	53797
superintendent of public instruction documentation, as prescribed	53798
by the superintendent, of all its costs for that student. Upon	53799
submission of documentation for a student of the type and in the	53800
manner prescribed, the department of education shall pay to the	53801
school an amount equal to the school's costs for the student in	53802
excess of the threshold catastrophic costs.	53803

The school shall only report under this section, and the	53804
department shall only pay for, the costs of educational expenses	53805
and the related services provided to the student in accordance	53806
with the student's IEP. Any legal fees, court costs, or other	53807
costs associated with any cause of action relating to the student	53808
may not be included in the amount.	53809

Sec. 3326.38. A science, technology, engineering, and	53810
mathematics school may do ~~all~~both of the following:	53811

(A) ~~Apply to the department of education for gifted unit~~	53812
~~funding;~~	53813

~~(B)~~ Apply to any state or federal agency for grants that a	53814
school district or public school may receive under federal or	53815
state law or any appropriations act of the general assembly;	53816

~~(C)~~(B) Apply to any private entity or foundation for	53817
additional funds.	53818

Sec. 3326.45. (A) The governing body of a science,	53819
technology, engineering, and mathematics school may contract with	53820
the governing board of an educational service center or the board	53821
of education of a joint vocational school district for the	53822
provision of services to the STEM school or to any student	53823
enrolled in the school. Services provided under the contract and	53824
the amount to be paid for those services shall be mutually agreed	53825
to by the parties to the contract, and shall be specified in the	53826
contract.	53827

(B) A contract entered into under this section may require an	53828
educational service center to provide any one or a combination of	53829
the following services to a STEM school:	53830

(1) Supervisory teachers;

53831

(2) In-service and continuing education programs for	53832
personnel of the STEM school;	53833

(3) Curriculum services as provided to the client school	53834
districts of the service center;	53835

(4) Research and development programs;

53836

(5) Academic instruction for which the service center	53837
governing board employs teachers;	53838

(6) Assistance in the provision of special accommodations and	53839
classes for students with disabilities.	53840

Services described in division (B) of this section shall be	53841
provided to the STEM school in the same manner they are provided	53842
to client school districts of the service center, unless otherwise	53843
specified in the contract. The contract shall specify whether the	53844
service center will receive a per-pupil payment from the	53845
department of education for the provision of these services and,	53846
if so, the amount of the per-pupil payment~~, which shall not exceed~~	53847
~~the per-pupil amount paid to the service center under division (F)~~	53848
~~of section 3317.11 of the Revised Code for each student in the~~	53849
~~service center ADM~~.	53850

(C) For each contract entered into under this section, the	53851
department shall deduct the amount owed by the STEM school from	53852
the state funds due to the STEM school under this chapter and	53853
shall pay that amount to the educational service center or joint	53854
vocational school district that is party to the contract. ~~In the~~	53855
~~case of a contract with an educational service center that~~	53856
~~specifies per-pupil payments for the provision of services~~	53857
~~described in division (B) of this section, the department also~~	53858
~~shall pay the service center the amount calculated under division~~	53859
~~(H) of section 3317.11 of the Revised Code.~~	53860

(D) No contract entered into under this section shall be	53861
valid unless a copy is filed with the department by the first day	53862
of the school year for which the contract is in effect.	53863

(E) As used in this section, "client school district" ~~has the~~	53864
~~same meaning as in section 3317.11 of the Revised Code~~means a	53865
city, exempted village, or local school district that has entered	53866
into an agreement under section 3313.843 or 3313.845 of the	53867
Revised Code to receive any services from an educational service	53868
center.	53869

Sec. 3327.01. Notwithstanding division (D) of section	53870
3311.19 and division (D) of section 3311.52 of the Revised Code,	53871
this section and sections 3327.011~~, 3327.012,~~ and 3327.02 of the	53872
Revised Code do not apply to any joint vocational or cooperative	53873
education school district.	53874

In(A) Except as provided in division (D) of this section or	53875
section 3314.091 or 3327.02 of the Revised Code, in all city,	53876
local, and exempted village school districts where resident school	53877
pupils in grades kindergarten through eight live more than two	53878
miles from the school for which the state board of education	53879
prescribes minimum standards pursuant to division (D) of section	53880
3301.07 of the Revised Code and to which they are assigned by the	53881
board of education of the district of residence or to and from the	53882
nonpublic or community school which they attend, the board of	53883
education shall provide transportation for such pupils to and from	53884
~~such~~that school ~~except as provided in section 3327.02 of the~~	53885
~~Revised Code~~.	53886

(B) In all city, local, and exempted village school districts	53887
where pupil transportation is required under a career-technical	53888
plan approved by the state board of education under section	53889
3313.90 of the Revised Code, for any student attending a	53890
career-technical program operated by another school district,	53891
including a joint vocational school district, as prescribed under	53892
that section, the board of education of the student's district of	53893
residence shall provide transportation from the public high school	53894
operated by that district to which the student is assigned to the	53895
career-technical program.	53896

In(C) Except as provided in division (D) of this section or	53897
section 3314.091 or 3327.02 of the Revised Code, in all city,	53898
local, and exempted village school districts, the board may	53899
provide transportation for resident school pupils in grades nine	53900
through twelve to and from the high school to which they are	53901
assigned by the board of education of the district of residence or	53902
to and from the nonpublic or community high school which they	53903
attend for which the state board of education prescribes minimum	53904
standards pursuant to division (D) of section 3301.07 of the	53905
Revised Code.	53906

(D)(1) A board of education shall not be required to	53907
transport elementary or high school pupils to and from a nonpublic	53908
or community school where such transportation would require more	53909
than thirty minutes of direct travel time as measured by school	53910
bus from the public school building to which the pupils would be	53911
assigned if attending the public school designated by the district	53912
of residence.	53913

~~Where it is impractical to transport a pupil by school~~	53914
~~conveyance, a board of education may offer payment, in lieu of~~	53915
~~providing such transportation in accordance with section 3327.02~~	53916
~~of the Revised Code.~~	53917

(2) A board of education shall not be required to transport	53918
elementary or high school pupils to and from a nonpublic or	53919
community school on Saturday or Sunday, unless a board of	53920
education and a nonpublic or community school have an agreement in	53921
place to do so before the effective date of this amendment.	53922

(E) In all city, local, and exempted village school	53923
districts, the board shall provide transportation for all children	53924
who are so disabled that they are unable to walk to and from the	53925
school for which the state board of education prescribes minimum	53926
standards pursuant to division (D) of section 3301.07 of the	53927
Revised Code and which they attend. In case of dispute whether the	53928
child is able to walk to and from the school, the health	53929
commissioner shall be the judge of such ability. In all city,	53930
exempted village, and local school districts, the board shall	53931
provide transportation to and from school or special education	53932
classes for ~~educable~~ mentally ~~retarded~~disabled children in	53933
accordance with standards adopted by the state board of education.	53934

(F) When transportation of pupils is provided the conveyance	53935
shall be run on a time schedule that shall be adopted and put in	53936
force by the board not later than ten days after the beginning of	53937
the school term.	53938

The cost of any transportation service authorized by this	53939
section shall be paid first out of federal funds, if any,	53940
available for the purpose of pupil transportation, and secondly	53941
out of state appropriations, in accordance with regulations	53942
adopted by the state board of education.	53943

(G) No transportation of any pupils shall be provided by any	53944
board of education to or from any school which in the selection of	53945
pupils, faculty members, or employees, practices discrimination	53946
against any person on the grounds of race, color, religion, or	53947
national origin.	53948

(H) No transportation to or from school of pupils in grades	53949
kindergarten through five shall be provided by way of transit	53950
buses as defined in section 5735.01 of the Revised Code.	53951

Sec. 3327.02. (A) As used in this section:

53952

(1) "Community school" means a community school established	53953
under Chapter 3314. of the Revised Code.	53954

(2) "Parent" has the same meaning as in section 3313.98 of	53955
the Revised Code.	53956

(3) "Resident school district" means the city, exempted	53957
village, or local school district in which a student is entitled	53958
to attend school under section 3313.64 or 3313.65 of the Revised	53959
Code.	53960

(4) "School year" has the same meaning as in section 3313.62	53961
of the Revised Code.	53962

(5) "State education aid" has the same meaning as in section	53963
5751.20 of the Revised Code.	53964

(6) "STEM school" means a science, technology, engineering,	53965
and mathematics school established under Chapter 3326. of the	53966
Revised Code.	53967

(B) Beginning July 1, 2014, the board of education of a city,	53968
exempted village, or local school district is not required to	53969
provide transportation to and from school for a student attending	53970
one of the district's schools or a community school, STEM school,	53971
or nonpublic school under division (A) or (C) of section 3327.01	53972
of the Revised Code, if the student's parent or the student, if at	53973
least eighteen years old and no guardian or custodian is currently	53974
appointed for the student, opts instead to receive the subsidy	53975
prescribed by division (D) of this section. The parent or student	53976
may exercise that option on an annual basis by submitting an	53977
application to the department of education and by notifying the	53978
district board in accordance with procedures and deadlines	53979
prescribed by the department. The department shall prescribe	53980
deadlines for that application and notice so that the district	53981
board has sufficient time to take the exercise of the parent's or	53982
student's option into account when planning its transportation	53983
routes and schedules for the succeeding school year. The	53984
department shall not accept an application that is submitted after	53985
the deadline. The department shall award a subsidy as long as the	53986
parent or student complies with the application and notice	53987
procedures. The award shall be for one school year at a time and	53988
may be renewed if the parent or student again submits an	53989
application to the department and notice to the district board in	53990
accordance with the prescribed procedures and deadlines. The	53991
parent or student shall use the subsidy to pay the cost of the	53992
student's transportation to and from school for the entire school	53993
year.	53994

(C) The subsidy prescribed by this section is not available	53995
for any of the following:	53996

(1) A student attending a community school or nonpublic	53997
school that is more than thirty minutes of direct travel time, as	53998
measured by school bus, from the building of the student's	53999
resident school district to which the student would be assigned if	54000
attending school in the district, as provided in division (D) of	54001
section 3327.01 of the Revised Code;	54002

(2) A student attending a community school that either:

54003

(a) Has an agreement with the student's resident school	54004
district for the community school to transport students to that	54005
school under division (A) of section 3314.091 of the Revised Code;	54006

(b) Accepts responsibility to transport students to the	54007
school under division (B) of that section.	54008

(3) A student who attends a school district other than the	54009
student's resident school district under an open enrollment policy	54010
adopted in accordance with section 3313.98 of the Revised Code;	54011

(4) A student who attends school in a school district under	54012
division (I) of section 3313.64 of the Revised Code.	54013

(D) The amount of the subsidy awarded for each student under	54014
this section shall equal the lesser of the following:	54015

(1) The statewide average cost of pupil transportation for	54016
the previous school year;	54017

(2) The average cost of pupil transportation for the previous	54018
school year for the student's resident school district.	54019

The department shall pay that amount to the student's parent	54020
or the student, if at least eighteen years old and no guardian or	54021
custodian is currently appointed for the student, in quarterly	54022
periodic payments.	54023

(E) The department shall deduct the amount of each subsidy	54024
awarded for a student under this section from the state education	54025
aid of the student's resident school district and, if necessary,	54026
from that district's payments under sections 321.24 and 323.156 of	54027
the Revised Code.	54028

The department shall include the student in the calculation	54029
of the district's transportation payment under section 3317.0212	54030
of the Revised Code and the operating appropriations act.	54031

(F) This section has no effect on a school district's	54032
responsibility to transport a student to and from a	54033
college-preparatory boarding school established under Chapter	54034
3328. of the Revised Code.	54035

(G) The state board of education shall adopt rules under	54036
Chapter 119. of the Revised Code prescribing procedures necessary	54037
to implement this section.	54038

Sec. 3327.07. (A) The governing authority of a chartered	54039
nonpublic school that transports a student enrolled in the school	54040
to and from school may charge the parent or guardian of the	54041
student a fee for the transportation, if the governing authority	54042
purchased the vehicle that transports the student using no state	54043
or federal funds. The fee shall not exceed the per student cost of	54044
the transportation, as determined by the governing authority.	54045

(B) If the parent or guardian of a student who is enrolled in	54046
a chartered nonpublic school opts to receive the subsidy	54047
prescribed by section 3327.02 of the Revised Code, instead of	54048
transportation by a school district under section 3327.01 of the	54049
Revised Code, and the governing authority of the chartered	54050
nonpublic school transports the student to and from school in a	54051
vehicle that the governing authority purchased using no state or	54052
federal funds, the governing authority may charge the parent or	54053
guardian a fee for transportation.	54054

(C) The parent or guardian of a student who is enrolled in a	54055
chartered nonpublic school and is eligible for transportation by a	54056
school district under section 3327.01 of the Revised Code may	54057
decline that transportation and accept transportation from the	54058
chartered nonpublic school. The governing authority of a chartered	54059
nonpublic school may charge a fee under division (A) of this	54060
section regardless of whether a student is eligible for	54061
transportation under section 3327.01 of the Revised Code.	54062

(D) The offering by the governing authority of a chartered	54063
nonpublic school of transportation to and from the school does not	54064
relieve any school district board of education from any duty	54065
imposed by section 3327.01 of the Revised Code with respect to the	54066
chartered nonpublic school's students.	54067

Sec. 3328.27. The board of trustees of each	54068
college-preparatory boarding school shall comply with the	54069
standards for financial reporting adopted under division (B)(2) of	54070
section 3301.07 of the Revised Code.	54071

Sec. 3333.041. (A) On or before the last day of December of	54072
each year, the chancellor of the Ohio board of regents shall	54073
submit to the governor and, in accordance with section 101.68 of	54074
the Revised Code, the general assembly a report or reports	54075
concerning all of the following:	54076

(1) The status of graduates of Ohio school districts at state	54077
institutions of higher education during the twelve-month period	54078
ending on the thirtieth day of September of the current calendar	54079
year. The report shall list, by school district, the number of	54080
graduates of each school district who attended a state institution	54081
of higher education and the percentage of each district's	54082
graduates enrolled in a state institution of higher education	54083
during the reporting period who were required during such period	54084
by the college or university, as a prerequisite to enrolling in	54085
those courses generally required for first-year students, to	54086
enroll in a remedial course in English, including composition or	54087
reading, mathematics, and any other area designated by the	54088
chancellor. The chancellor also shall make the information	54089
described in division (A)(1) of this section available to the	54090
board of education of each city, exempted village, and local	54091
school district.	54092

Each state institution of higher education shall, by the	54093
first day of November of each year, submit to the chancellor in	54094
the form specified by the chancellor the information the	54095
chancellor requires to compile the report.	54096

(2) Aggregate academic growth data for students assigned to	54097
graduates of teacher preparation programs approved under section	54098
3333.048 of the Revised Code who teach English language arts or	54099
mathematics in any of grades four to eight in a public school in	54100
Ohio. For this purpose, the chancellor shall use the value-added	54101
progress dimension prescribed by section 3302.021 of the Revised	54102
Code or the alternative student academic progress measure if	54103
adopted under division (C)(1)(e) of section 3302.03 of the Revised	54104
Code. The chancellor shall aggregate the data by graduating class	54105
for each approved teacher preparation program, except that if a	54106
particular class has ten or fewer graduates to which this section	54107
applies, the chancellor shall report the data for a group of	54108
classes over a three-year period. In no case shall the report	54109
identify any individual graduate. The department of education	54110
shall share any data necessary for the report with the chancellor.	54111

(3) The following information with respect to the Ohio	54112
tuition trust authority:	54113

(a) The name of each investment manager that is a minority	54114
business enterprise or a women's business enterprise with which	54115
the chancellor contracts;	54116

(b) The amount of assets managed by investment managers that	54117
are minority business enterprises or women's business enterprises,	54118
expressed as a percentage of assets managed by investment managers	54119
with which the chancellor has contracted;	54120

(c) Efforts by the chancellor to increase utilization of	54121
investment managers that are minority business enterprises or	54122
women's business enterprises.	54123

(4) ~~The status of implementation of faculty improvement~~	54124
~~programs under section 3345.28 of the Revised Code. The report~~	54125
~~shall include, but need not be limited to, the following: the~~	54126
~~number of professional leave grants made by each institution; the~~	54127
~~purpose of each professional leave; and a statement of the cost to~~	54128
~~the institution of each professional leave, to the extent that the~~	54129
~~cost exceeds the salary of the faculty member on professional~~	54130
~~leave.~~	54131

~~(5) The number and types of biobased products purchased under~~	54132
~~section 125.092 of the Revised Code and the amount of money spent~~	54133
~~by state institutions of higher education for those biobased~~	54134
~~products as that information is provided to the chancellor under~~	54135
~~division (A) of section 3345.692 of the Revised Code.~~	54136

~~(6)~~ A description of dual enrollment programs, as defined in	54137
section 3313.6013 of the Revised Code, that are offered by school	54138
districts, community schools established under Chapter 3314. of	54139
the Revised Code, STEM schools established under Chapter 3326. of	54140
the Revised Code, college-preparatory boarding schools established	54141
under Chapter 3328. of the Revised Code, and chartered nonpublic	54142
high schools. The chancellor also shall post the information on	54143
the chancellor's web site.	54144

~~(7) The academic and economic impact of the Ohio innovation~~	54145
~~partnership established under section 3333.61 of the Revised Code.~~	54146
~~At a minimum, the report shall include the following:~~	54147

~~(a) Progress and performance metrics for each initiative that~~	54148
~~received an award in the previous fiscal year;~~	54149

~~(b) Economic indicators of the impact of each initiative, and~~	54150
~~all initiatives as a whole, on the regional economies and the~~	54151
~~statewide economy;~~	54152

~~(c)~~(5) The chancellor's strategy in assigning choose Ohio	54153
first scholarships, as established under section 3333.61 of the	54154
Revised Code, among state universities and colleges and how the	54155
actual awards fit that strategy.	54156

~~(8)~~(6) The academic and economic impact of the Ohio	54157
co-op/internship program established under section 3333.72 of the	54158
Revised Code. At a minimum, the report shall include the	54159
following:	54160

(a) Progress and performance metrics for each initiative that	54161
received an award in the previous fiscal year;	54162

(b) Economic indicators of the impact of each initiative, and	54163
all initiatives as a whole, on the regional economies and the	54164
statewide economy;	54165

(c) The chancellor's strategy in allocating awards among	54166
state institutions of higher education and how the actual awards	54167
fit that strategy.	54168

(B) As used in this section:

54169

(1) "Minority business enterprise" has the same meaning as in	54170
section 122.71 of the Revised Code.	54171

(2) "State institution of higher education" and "state	54172
university" have the same meanings as in section 3345.011 of the	54173
Revised Code.	54174

(3) "State university or college" has the same meaning as in	54175
section 3345.12 of the Revised Code.	54176

(4) "Women's business enterprise" means a business, or a	54177
partnership, corporation, limited liability company, or joint	54178
venture of any kind, that is owned and controlled by women who are	54179
United States citizens and residents of this state.	54180

Sec. 3333.049. No nonprofit institution that holds a	54181
certificate of authorization issued under Chapter 1713. of the	54182
Revised Code shall be liable for a breach of confidentiality	54183
arising from the institution's submission of student data or	54184
records to the board of regents or any other state agency in	54185
compliance with any law, rule, or regulation, provided that the	54186
breach occurs as a result of one of the following:	54187

(A) An action by a third party during and after the	54188
transmission of the data or records by the institution but prior	54189
to receipt of the data or records by the board of regents or other	54190
state agency;	54191

(B) An action by the board of regents or the state agency.

54192

This provision shall apply to the submission of any student	54193
data or records that are subject to any laws of this state or, to	54194
the extent permitted, any federal law, including the "Family	54195
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	54196
U.S.C. 1232g.	54197

Sec. 3333.124. There is hereby created in the state treasury	54198
the Ohio college opportunity grant program reserve fund. Not later	54199
than the first day of July of each fiscal year, the chancellor of	54200
the Ohio board of regents shall certify to the director of budget	54201
and management the unencumbered balance of the general revenue	54202
fund appropriations made in the immediately preceding fiscal year	54203
for purposes of the Ohio college opportunity grant program created	54204
in section 3333.122 of the Revised Code. Upon receipt of the	54205
certification, the director may transfer an amount not exceeding	54206
the certified amount from the general revenue fund to the Ohio	54207
college opportunity grant program reserve fund. Moneys in the Ohio	54208
college opportunity grant program reserve fund shall be used to	54209
pay grant obligations in excess of the general revenue fund	54210
appropriations made for that purpose.	54211

The director may transfer any unencumbered balance from the	54212
Ohio college opportunity grant program reserve fund to the general	54213
revenue fund.	54214

Sec. 3333.31. (A) For state subsidy and tuition surcharge	54215
purposes, status as a resident of Ohio shall be defined by the	54216
chancellor of the Ohio board of regents by rule promulgated	54217
pursuant to Chapter 119. of the Revised Code. No adjudication as	54218
to the status of any person under such rule, however, shall be	54219
required to be made pursuant to Chapter 119. of the Revised Code.	54220
The term "resident" for these purposes shall not be equated with	54221
the definition of that term as it is employed elsewhere under the	54222
laws of this state and other states, and shall not carry with it	54223
any of the legal connotations appurtenant thereto. Rather, except	54224
as provided in divisions (B) and (D) of this section, for such	54225
purposes, the rule promulgated under this section shall have the	54226
objective of excluding from treatment as residents those who are	54227
present in the state primarily for the purpose of attending a	54228
state-supported or state-assisted institution of higher education,	54229
and may prescribe presumptive rules, rebuttable or conclusive, as	54230
to such purpose based upon the source or sources of support of the	54231
student, residence prior to first enrollment, evidence of	54232
intention to remain in the state after completion of studies, or	54233
such other factors as the chancellor deems relevant.	54234

(B) The rules of the chancellor for determining student	54235
residency shall grant residency status to a veteran and to the	54236
veteran's spouse and any dependent of the veteran, if both of the	54237
following conditions are met:	54238

(1) The veteran either:

54239

(a) Served one or more years on active military duty and was	54240
honorably discharged or received a medical discharge that was	54241
related to the military service;	54242

(b) Was killed while serving on active military duty or has	54243
been declared to be missing in action or a prisoner of war.	54244

(2) If the veteran seeks residency status for tuition	54245
surcharge purposes, the veteran has established domicile in this	54246
state as of the first day of a term of enrollment in an	54247
institution of higher education. If the spouse or a dependent of	54248
the veteran seeks residency status for tuition surcharge purposes,	54249
the veteran and the spouse or dependent seeking residency status	54250
have established domicile in this state as of the first day of a	54251
term of enrollment in an institution of higher education, except	54252
that if the veteran was killed while serving on active military	54253
duty, has been declared to be missing in action or a prisoner of	54254
war, or is deceased after discharge, only the spouse or dependent	54255
seeking residency status shall be required to have established	54256
domicile in accordance with this division.	54257

(C) The rules of the chancellor for determining student	54258
residency shall not deny residency status to a student who is	54259
either a dependent child of a parent, or the spouse of a person	54260
who, as of the first day of a term of enrollment in an institution	54261
of higher education, has accepted full-time employment and	54262
established domicile in this state for reasons other than gaining	54263
the benefit of favorable tuition rates.	54264

Documentation of full-time employment and domicile shall	54265
include both of the following documents:	54266

(1) A sworn statement from the employer or the employer's	54267
representative on the letterhead of the employer or the employer's	54268
representative certifying that the parent or spouse of the student	54269
is employed full-time in Ohio;	54270

(2) A copy of the lease under which the parent or spouse is	54271
the lessee and occupant of rented residential property in the	54272
state, a copy of the closing statement on residential real	54273
property of which the parent or spouse is the owner and occupant	54274
in this state or, if the parent or spouse is not the lessee or	54275
owner of the residence in which the parent or spouse has	54276
established domicile, a letter from the owner of the residence	54277
certifying that the parent or spouse resides at that residence.	54278

Residency officers may also evaluate, in accordance with the	54279
chancellor's rule, requests for immediate residency status from	54280
dependent students whose parents are not living and whose domicile	54281
follows that of a legal guardian who has accepted full-time	54282
employment and established domicile in the state for reasons other	54283
than gaining the benefit of favorable tuition rates.	54284

(D)(1) The rules of the chancellor for determining student	54285
residency shall grant residency status to a person who, while a	54286
resident of this state for state subsidy and tuition surcharge	54287
purposes, graduated from a high school in this state or completed	54288
the final year of instruction at home as authorized under section	54289
3321.04 of the Revised Code, if the person enrolls in an	54290
institution of higher education and establishes domicile in this	54291
state, regardless of the student's residence prior to that	54292
enrollment.	54293

(2) The rules of the chancellor for determining student	54294
residency shall not grant residency status to an alien if the	54295
alien is not also an immigrant or a nonimmigrant.	54296

(E) The rules of the chancellor for determining student	54297
residency shall grant residency status to a student to whom a	54298
state institution of higher education issues a letter or utility	54299
bill for use as proof that the student is a qualified elector in	54300
this state.	54301

Nothing in division (E) of this section shall be used to	54302
grant residency to a student for any purpose other than for state	54303
subsidy and tuition surcharge purposes.	54304

(F) As used in this section:

54305

(1) "Dependent," "domicile," "institution of higher	54306
education," and "residency officer" have the meanings ascribed in	54307
the chancellor's rules adopted under this section.	54308

(2) "Alien" means a person who is not a United States citizen	54309
or a United States national.	54310

(3) "Immigrant" means an alien who has been granted the right	54311
by the United States bureau of citizenship and immigration	54312
services to reside permanently in the United States and to work	54313
without restrictions in the United States.	54314

(4) "Nonimmigrant" means an alien who has been granted the	54315
right by the United States bureau of citizenship and immigration	54316
services to reside temporarily in the United States.	54317

(5) "State institution of higher education" has the same	54318
meaning as in section 3345.011 of the Revised Code.	54319

Sec. 3333.342. (A) The chancellor of the Ohio board of	54320
regents may designate a "certificate of value" for a certificate	54321
program at any adult career-technical education institution or	54322
state institution of higher education, as defined under section	54323
3345.011 of the Revised Code, based on the standards adopted under	54324
division (B) of this section.	54325

(B) The chancellor shall develop standards for designation of	54326
the certificates of value for certificate programs at adult	54327
career-technical education institutions and state institutions of	54328
higher education. The standards shall include at least the	54329
following considerations:	54330

(1) The quality of the certificate program;

54331

(2) The ability to transfer agreed-upon technical courses	54332
completed through an adult career-technical education institution	54333
to a state institution of higher education without unnecessary	54334
duplication or institutional barriers;	54335

(3) The extent to which the certificate program encourages a	54336
student to obtain an associate's or bachelor's degree;	54337

(4) The extent to which the certificate program increases a	54338
student's likelihood to complete other certificate programs or an	54339
associate's or bachelor's degree;	54340

(5) The ability of the certificate program to meet the	54341
expectations of the workplace and higher education;	54342

(6) The extent to which the certificate program is aligned	54343
with the strengths of the regional economy;	54344

(7) The extent to which the certificate program increases the	54345
amount of individuals who remain in or enter the state's	54346
workforce;	54347

(8) The extent of a certificate program's relationship with	54348
private companies in the state to fill potential job growth.	54349

(C) The designation of a certificate of value under this	54350
section shall expire six years after its designation date.	54351

(D) The chancellor may revoke a designation prior to its	54352
expiration date if the chancellor determines that the program no	54353
longer complies with the standards developed under division (B) of	54354
this section.	54355

(E) Any revocation of a certificate of value under this	54356
section shall become effective one hundred eighty days after the	54357
date the revocation was declared by the chancellor.	54358

(F) Any adult career-technical education institution or state	54359
institution of higher education that desires to be eligible to	54360
receive a designation of certificate of value for one or more of	54361
its certificate programs shall comply with all records and data	54362
requests required by the chancellor.	54363

~~Sec. 3333.90.~~ Sec. 3333.59. (A) As used in this section:

54364

(1) "Allocated state share of instruction" means, for any	54365
fiscal year, the amount of the state share of instruction	54366
appropriated to the Ohio board of regents by the general assembly	54367
that is allocated to a community or technical college or community	54368
or technical college district for such fiscal year.	54369

(2) "Issuing authority" has the same meaning as in section	54370
154.01 of the Revised Code.	54371

(3) "Bond service charges" has the same meaning as in section	54372
154.01 of the Revised Code.	54373

(4) "Chancellor" means the chancellor of the Ohio board of	54374
regents.	54375

(5) "Community or technical college" or "college" means any	54376
of the following state-supported or state-assisted institutions of	54377
higher education:	54378

(a) A community college as defined in section 3354.01 of the	54379
Revised Code;	54380

(b) A technical college as defined in section 3357.01 of the	54381
Revised Code;	54382

(c) A state community college as defined in section 3358.01	54383
of the Revised Code.	54384

(6) "Community or technical college district" or "district"	54385
means any of the following institutions of higher education that	54386
are state-supported or state-assisted:	54387

(a) A community college district as defined in section	54388
3354.01 of the Revised Code;	54389

(b) A technical college district as defined in section	54390
3357.01 of the Revised Code;	54391

(c) A state community college district as defined in section	54392
3358.01 of the Revised Code.	54393

(7) "Credit enhancement facilities" has the same meaning as	54394
in section 133.01 of the Revised Code.	54395

(8) "Obligations" has the meaning as in section 154.01 or	54396
3345.12 of the Revised Code, as the context requires.	54397

(B) The board of trustees of any community or technical	54398
college district authorizing the issuance of obligations under	54399
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	54400
Revised Code, or for whose benefit and on whose behalf the issuing	54401
authority proposes to issue obligations under section 154.25 of	54402
the Revised Code, may adopt a resolution requesting the chancellor	54403
to enter into an agreement with the community or technical college	54404
district and the primary paying agent or fiscal agent for such	54405
obligations, providing for the withholding and deposit of funds	54406
otherwise due the district or the community or technical college	54407
it operates in respect of its allocated state share of	54408
instruction, for the payment of bond service charges on such	54409
obligations.	54410

The board of trustees shall deliver to the chancellor a copy	54411
of the resolution and any additional pertinent information the	54412
chancellor may require.	54413

The chancellor and the office of budget and management, and	54414
the issuing authority in the case of obligations to be issued by	54415
the issuing authority, shall evaluate each request received from a	54416
community or technical college district under this section. The	54417
chancellor, with the advice and consent of the director of budget	54418
and management and the issuing authority in the case of	54419
obligations to be issued by the issuing authority, shall approve	54420
each request if all of the following conditions are met:	54421

(1) Approval of the request will enhance the marketability of	54422
the obligations for which the request is made;	54423

(2) The chancellor and the office of budget and management,	54424
and the issuing authority in the case of obligations to be issued	54425
by the issuing authority, have no reason to believe the requesting	54426
community or technical college district or the community or	54427
technical college it operates will be unable to pay when due the	54428
bond service charges on the obligations for which the request is	54429
made, and bond service charges on those obligations are therefore	54430
not anticipated to be paid pursuant to this section from the	54431
allocated state share of instruction for purposes of Section 17 of	54432
Article VIII, Ohio Constitution.	54433

(3) Any other pertinent conditions established in rules	54434
adopted under division (H) of this section.	54435

(C) If the chancellor approves the request of a community or	54436
technical college district to withhold and deposit funds pursuant	54437
to this section, the chancellor shall enter into a written	54438
agreement with the district and the primary paying agent or fiscal	54439
agent for the obligations, which agreement shall provide for the	54440
withholding of funds pursuant to this section for the payment of	54441
bond service charges on those obligations. The agreement may also	54442
include both of the following:	54443

(1) Provisions for certification by the district to the	54444
chancellor, prior to the deadline for payment of the applicable	54445
bond service charges, whether the district and the community or	54446
technical college it operates are able to pay those bond service	54447
charges when due;	54448

(2) Requirements that the district or the community or	54449
technical college it operates deposits amounts for the payment of	54450
those bond service charges with the primary paying agent or fiscal	54451
agent for the obligations prior to the date on which the bond	54452
service charges are due to the owners or holders of the	54453
obligations.	54454

(D) Whenever a district or the community or technical college	54455
it operates notifies the chancellor that it will not be able to	54456
pay the bond service charges when they are due, subject to the	54457
withholding provisions of this section, or whenever the applicable	54458
paying agent or fiscal agent notifies the chancellor that it has	54459
not timely received from a district or from the college it	54460
operates the full amount needed for payment of the bond service	54461
charges when due to the holders or owners of such obligations, the	54462
chancellor shall immediately contact the district or college and	54463
the paying agent or fiscal agent to confirm that the district and	54464
the college are not able to make the required payment by the date	54465
on which it is due.	54466

If the chancellor confirms that the district and the college	54467
are not able to make the payment and the payment will not be made	54468
pursuant to a credit enhancement facility, the chancellor shall	54469
promptly pay to the applicable primary paying agent or fiscal	54470
agent the lesser of the amount due for bond service charges or the	54471
amount of the next periodic distribution scheduled to be made to	54472
the district or to the college in respect of its allocated state	54473
share of instruction. If this amount is insufficient to pay the	54474
total amount then due the agent for the payment of bond service	54475
charges, the chancellor shall continue to pay to the agent from	54476
each periodic distribution thereafter, and until the full amount	54477
due the agent for unpaid bond service charges is paid in full, the	54478
lesser of the remaining amount due the agent for bond service	54479
charges or the amount of the next periodic distribution scheduled	54480
to be made to the district or college in respect of its allocated	54481
state share of instruction.	54482

(E) The chancellor may make any payments under this section	54483
by direct deposit of funds by electronic transfer.	54484

Any amount received by a paying agent or fiscal agent under	54485
this section shall be applied only to the payment of bond service	54486
charges on the obligations of the community or technical college	54487
district or community or technical college subject to this section	54488
or to the reimbursement of the provider of a credit enhancement	54489
facility that has paid the bond service charges.	54490

(F) The chancellor may make payments under this section to	54491
paying agents or fiscal agents during any fiscal biennium of the	54492
state only from and to the extent that money is appropriated to	54493
the board of regents by the general assembly for distribution	54494
during such biennium for the state share of instruction and only	54495
to the extent that a portion of the state share of instruction has	54496
been allocated to the community or technical college district or	54497
community or technical college. Obligations of the issuing	54498
authority or of a community or technical college district to which	54499
this section is made applicable do not constitute an obligation or	54500
a debt or a pledge of the faith, credit, or taxing power of the	54501
state, and the holders or owners of those obligations have no	54502
right to have excises or taxes levied or appropriations made by	54503
the general assembly for the payment of bond service charges on	54504
the obligations, and the obligations shall contain a statement to	54505
that effect. The agreement for or the actual withholding and	54506
payment of money under this section does not constitute the	54507
assumption by the state of any debt of a community or technical	54508
college district or a community or technical college, and bond	54509
service charges on the related obligations are not anticipated to	54510
be paid from the state general revenue fund for purposes of	54511
Section 17 of Article VIII, Ohio Constitution.	54512

(G) In the case of obligations subject to the withholding	54513
provisions of this section, the issuing community or technical	54514
college district, or the issuing authority in the case of	54515
obligations issued by the issuing authority, shall appoint a	54516
paying agent or fiscal agent who is not an officer or employee of	54517
the district or college.	54518

(H) The chancellor, with the advice and consent of the office	54519
of budget and management, may adopt reasonable rules not	54520
inconsistent with this section for the implementation of this	54521
section to secure payment of bond service charges on obligations	54522
issued by a community or technical college district or by the	54523
issuing authority for the benefit of a community or technical	54524
college district or the community or technical college it	54525
operates. Those rules shall include criteria for the evaluation	54526
and approval or denial of community or technical college district	54527
requests for withholding under this section.	54528

(I) The authority granted by this section is in addition to	54529
and not a limitation on any other authorizations granted by or	54530
pursuant to law for the same or similar purposes.	54531

Sec. 3333.613. There is hereby created in the state treasury	54532
the choose Ohio first scholarship reserve fund. Not later than the	54533
first day of July of each fiscal year, the chancellor of the Ohio	54534
board of regents shall certify to the director of budget and	54535
management the unencumbered balance of the general revenue fund	54536
appropriations made in the immediately preceding fiscal year for	54537
purposes of the choose Ohio first scholarship program created in	54538
section 3333.61 of the Revised Code. Upon receipt of the	54539
certification, the director may transfer an amount not exceeding	54540
the certified amount from the general revenue fund to the choose	54541
Ohio first scholarship reserve fund. Moneys in the choose Ohio	54542
first scholarship reserve fund shall be used to pay scholarship	54543
obligations in excess of the general revenue fund appropriations	54544
made for that purpose.	54545

The director may transfer any unencumbered balance from the	54546
choose Ohio first scholarship reserve fund to the general revenue	54547
fund.	54548

Sec. 3333.82. (A) The chancellor of the Ohio board of	54549
regents shall establish a clearinghouse of interactive distance	54550
learning courses and other distance learning courses delivered via	54551
a computer-based method offered by school districts, community	54552
schools, STEM schools, state institutions of higher education,	54553
private colleges and universities, and other nonprofit and	54554
for-profit course providers for sharing with other school	54555
districts, community schools, STEM schools, state institutions of	54556
higher education, private colleges and universities, and	54557
individuals for the fee set pursuant to section 3333.84 of the	54558
Revised Code. The chancellor shall not be responsible for the	54559
content of courses offered through the clearinghouse; however, all	54560
such courses shall be delivered only in accordance with technical	54561
specifications approved by the chancellor and on a common	54562
statewide platform administered by the chancellor.	54563

The clearinghouse's distance learning program for students in	54564
grades kindergarten to twelve shall be based on the following	54565
principles:	54566

(1) All Ohio students shall have access to high quality	54567
distance learning courses at any point in their educational	54568
careers.	54569

(2) All students shall be able to customize their education	54570
using distance learning courses offered through the clearinghouse	54571
and no student shall be denied access to any course in the	54572
clearinghouse in which the student is eligible to enroll.	54573

(3) Students may take distance learning courses for all or	54574
any portion of their curriculum requirements and may utilize a	54575
combination of distance learning courses and courses taught in a	54576
traditional classroom setting.	54577

(4) Students may earn an unlimited number of academic credits	54578
through distance learning courses.	54579

(5) Students may take distance learning courses at any time	54580
of the calendar year.	54581

(6) Student advancement to higher coursework shall be based	54582
on a demonstration of subject area competency instead of	54583
completion of any particular number of hours of instruction.	54584

(B) To offer a course through the clearinghouse, a course	54585
provider shall apply to the chancellor in a form and manner	54586
prescribed by the chancellor. The application for each course	54587
shall describe the course of study in as much detail as required	54588
by the chancellor, whether an instructor is provided, the	54589
qualification and credentials of the instructor, the number of	54590
hours of instruction, and any other information required by the	54591
chancellor. The chancellor may require course providers to include	54592
in their applications information recommended by the state board	54593
of education under former section 3353.30 of the Revised Code.	54594

(C) The chancellor shall review the technical specifications	54595
of each application submitted under division (B) of this section.	54596
In reviewing applications, the chancellor may consult with the	54597
department of education; however, the responsibility to either	54598
approve or not approve a course for the clearinghouse belongs to	54599
the chancellor. The chancellor may request additional information	54600
from a course provider that submits an application under division	54601
(B) of this section, if the chancellor determines that such	54602
information is necessary. The chancellor may negotiate changes in	54603
the proposal to offer a course, if the chancellor determines that	54604
changes are necessary in order to approve the course.	54605

(D) The chancellor shall catalog each course approved for the	54606
clearinghouse, through a print or electronic medium, displaying	54607
the following:	54608

(1) Information necessary for a student and the student's	54609
parent, guardian, or custodian and the student's school district,	54610
community school, STEM school, college, or university to decide	54611
whether to enroll in or subscribe to the course;	54612

(2) Instructions for enrolling in that course, including	54613
deadlines for enrollment.	54614

(E) Any expenses related to the installation of a course into	54615
the common statewide platform shall be borne by the course	54616
provider.	54617

(F) ~~The eTech Ohio commission, in consultation with the~~	54618
~~chancellor and the state board~~, shall distribute information to	54619
students and parents describing the clearinghouse. The information	54620
shall be provided in an easily understandable formatThe	54621
chancellor may contract with an entity to perform any or all of	54622
the chancellor's duties under sections 3333.81 to 3333.88 of the	54623
Revised Code.	54624

Sec. 3335.35. There is hereby created the ~~"Ohio cooperative~~	54625
OSU extension ~~service~~ fund," which shall be under the custody and	54626
control of the board of trustees of the Ohio state university and	54627
shall consist of all moneys appropriated, given, granted, or	54628
bequeathed to the university for the use of ~~the Ohio cooperative~~	54629
OSU extension ~~service~~ by the United States, this state, any	54630
political subdivision of this state, or any person. The board	54631
shall have responsibility for expenditure of all moneys in the	54632
fund in accordance with state and federal law and memoranda of	54633
agreement between the university and the United States department	54634
of agriculture.	54635

Sec. 3335.36. The board of trustees of the Ohio state	54636
university may employ such employees as it considers appropriate	54637
for the conduct of educational programs of ~~the Ohio cooperative~~	54638
OSU extension ~~service~~ and may provide for the payment from the	54639
~~Ohio cooperative~~OSU extension ~~service~~ fund created by section	54640
3335.35 of the Revised Code of reasonable compensation to such	54641
employees and of reasonable expenses incurred by them in the	54642
discharge of their duties, including expenses of travel and of	54643
maintaining, equipping, and supplying their offices.	54644

The employees shall cooperate with the department of	54645
agriculture, the Ohio agricultural research and development	54646
center, the department of education, and the United States	54647
department of agriculture, for the purpose of making available the	54648
educational materials of ~~the~~OSU extension ~~service~~. ~~Such~~The	54649
employees shall represent the university and shall conduct	54650
educational activities related to agriculture, natural resources,	54651
~~home economics~~community development, family ~~living~~and consumer	54652
sciences, and 4-H programs for the citizens of this state through	54653
personal instruction, bulletins, practical demonstrations, mass	54654
media, and otherwise, subject to such rules as may be prescribed	54655
by the board of trustees of the university. ~~Such~~The employees	54656
shall have offices provided by the county or other political	54657
subdivision in which they serve in which bulletins and other	54658
educational materials of value to the people may be consulted and	54659
through which the employees may be reached.	54660

The board of trustees of the Ohio state university may hire	54661
or use employees of ~~the Ohio cooperative~~OSU extension ~~service~~ to	54662
carry out the functions and duties of a director of economic	54663
development under division (B) of section 307.07 of the Revised	54664
Code pursuant to any agreement with a county under division (A)(2)	54665
of section 307.07 of the Revised Code.	54666

Sec. 3335.37. The board of county commissioners of any	54667
county may levy a tax, within the limitations prescribed by law,	54668
and appropriate money from the proceeds thereof or from the	54669
general fund of the county to be paid to the Ohio state university	54670
to the credit of the ~~Ohio cooperative~~OSU extension ~~service~~ fund	54671
created by section 3335.35 of the Revised Code and expended for	54672
the purposes prescribed in section 3335.36 of the Revised Code for	54673
the benefit of the citizens of ~~such~~that county. Any money paid	54674
into the fund under this section that aggregates more than ten per	54675
cent of the county appropriation in the preceding year and that	54676
remains unexpended for two years from the time of ~~such~~the payment	54677
shall be returned to the county from which it came unless the	54678
board of county commissioners determines by resolution to	54679
contribute it to ~~the Ohio cooperative~~OSU extension ~~service~~ for	54680
general purposes.	54681

Sec. 3335.38. The board of trustees of the Ohio state	54682
university shall establish a farm financial management institute	54683
in ~~the Ohio cooperative~~OSU extension ~~service~~ to train interested	54684
and qualified persons to assist farmers needing help with farm	54685
financial management problems.	54686

Participation shall be open to all interested persons, but	54687
the following persons shall be given priority as to enrollment:	54688
employees or representatives of banks and other farm credit	54689
agencies, agricultural teachers, and faculty and employees of the	54690
Ohio state university and ~~the Ohio cooperative~~OSU extension	54691
~~service~~ who agree to assist Ohio farmers in completing and	54692
understanding the coordinated financial statement and other	54693
subjects. A fee may be charged participants, as determined by ~~the~~	54694
OSU extension ~~service~~, but may be waived for those participants	54695
granted priority status at enrollment.	54696

Sec. 3345.05. (A) All registration fees, nonresident tuition	54697
fees, academic fees for the support of off-campus instruction,	54698
laboratory and course fees when so assessed and collected, student	54699
health fees for the support of a student health service, all other	54700
fees, deposits, charges, receipts, and income from all or part of	54701
the students, all subsidy or other payments from state	54702
appropriations, and all other fees, deposits, charges, receipts,	54703
income, and revenue received by each state institution of higher	54704
education, the Ohio state university hospitals and their ancillary	54705
facilities, the Ohio agricultural research and development center,	54706
and ~~the Ohio state university cooperative~~OSU extension ~~service~~	54707
shall be held and administered by the respective boards of	54708
trustees of the state institution of higher education; provided,	54709
that such fees, deposits, charges, receipts, income and revenue,	54710
to the extent required by resolutions, trust agreements,	54711
indentures, leases, and agreements adopted, made, or entered into	54712
under Chapter 154. or section 3345.07, 3345.11, or 3345.12 of the	54713
Revised Code, shall be held, administered, transferred, and	54714
applied in accordance therewith.	54715

(B) The Ohio board of regents shall require annual reporting	54716
by the Ohio agricultural research and development center and by	54717
each university and college receiving state aid in such form and	54718
detail as determined by the board in consultation with such	54719
center, universities and colleges, and the director of budget and	54720
management.	54721

(C) Notwithstanding any provision of the Revised Code to the	54722
contrary, the title to investments made by the board of trustees	54723
of a state institution of higher education with funds derived from	54724
any of the sources described in division (A) of this section shall	54725
not be vested in the state or the political subdivision but shall	54726
be held in trust by the board. Such investments shall be made	54727
pursuant to an investment policy adopted by the board in public	54728
session that requires all fiduciaries to discharge their duties	54729
with the care, skill, prudence, and diligence under the	54730
circumstances then prevailing that a prudent person acting in like	54731
capacity and familiar with such matters would use in the conduct	54732
of an enterprise of a like character and with like aims. The	54733
policy also shall require at least the following:	54734

(1) A stipulation that investment of at least twenty-five per	54735
cent of the average amount of the investment portfolio over the	54736
course of the previous fiscal year be invested in securities of	54737
the United States government or of its agencies or	54738
instrumentalities, the treasurer of state's pooled investment	54739
program, obligations of this state or any political subdivision of	54740
this state, certificates of deposit of any national bank located	54741
in this state, written repurchase agreements with any eligible	54742
Ohio financial institution that is a member of the federal reserve	54743
system or federal home loan bank, money market funds, or bankers	54744
acceptances maturing in two hundred seventy days or less which are	54745
eligible for purchase by the federal reserve system, as a reserve;	54746

(2) Eligible funds above those that meet the conditions of	54747
division (C)(1) of this section may be pooled with other	54748
institutional funds and invested in accordance with section	54749
1715.52 of the Revised Code.	54750

(3) The establishment of an investment committee.

54751

(D) The investment committee established under division	54752
(C)(3) of this section shall meet at least quarterly. The	54753
committee shall review and recommend revisions to the board's	54754
investment policy and shall advise the board on its investments	54755
made under division (C) of this section in an effort to assist it	54756
in meeting its obligations as a fiduciary as described in division	54757
(C) of this section. The committee shall be authorized to retain	54758
the services of an investment advisor who meets both of the	54759
following qualifications:	54760

(1) The advisor is either:

54761

(a) Licensed by the division of securities under section	54762
1707.141 of the Revised Code;	54763

(b) Registered with the securities and exchange commission.

54764

(2) The advisor either:

54765

(a) Has experience in the management of investments of public	54766
funds, especially in the investment of state-government investment	54767
portfolios;	54768

(b) Is an eligible institution referenced in section 135.03	54769
of the Revised Code.	54770

(E) As used in this section, "state institution of higher	54771
education" means a state institution of higher education as	54772
defined in section 3345.011 of the Revised Code.	54773

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	54774
section, a graduate of the twelfth grade shall be entitled to	54775
admission without examination to any college or university which	54776
is supported wholly or in part by the state, but for unconditional	54777
admission may be required to complete such units not included in	54778
the graduate's high school course as may be prescribed, not less	54779
than two years prior to the graduate's entrance, by the faculty of	54780
the institution.	54781

(B) Beginning with the 2014-2015 academic year, each state	54782
university listed in section 3345.011 of the Revised Code, except	54783
for Central state university, Shawnee state university, and	54784
Youngstown state university, shall permit a resident of this state	54785
who entered ninth grade for the first time on or after July 1,	54786
2010, to begin undergraduate coursework at the university only if	54787
the person has successfully completed the Ohio core curriculum for	54788
high school graduation prescribed in division (C) of section	54789
3313.603 of the Revised Code, unless one of the following applies:	54790

(1) The person has earned at least ten semester hours, or the	54791
equivalent, at a community college, state community college,	54792
university branch, technical college, or another post-secondary	54793
institution except a state university to which division (B) of	54794
this section applies, in courses that are college-credit-bearing	54795
and may be applied toward the requirements for a degree. The	54796
university shall grant credit for successful completion of those	54797
courses pursuant to any applicable articulation and transfer	54798
policy of the Ohio board of regents or any agreements the	54799
university has entered into in accordance with policies and	54800
procedures adopted under section 3333.16, 3313.161, or 3333.162 of	54801
the Revised Code. The university may count college credit that the	54802
student earned while in high school through the post-secondary	54803
enrollment options program under Chapter 3365. of the Revised	54804
Code, or through other dual enrollment programs, toward the	54805
requirements of division (B)(1) of this section if the credit may	54806
be applied toward a degree.	54807

(2) The person qualified to graduate from high school under	54808
division (D) or (F) of section 3313.603 of the Revised Code and	54809
has successfully completed the topics or courses that the person	54810
lacked to graduate under division (C) of that section at any	54811
post-secondary institution or at a summer program at the state	54812
university. A state university may admit a person for enrollment	54813
contingent upon completion of such topics or courses or summer	54814
program.	54815

(3) The person met the high school graduation requirements by	54816
successfully completing the person's individualized education	54817
program developed under section 3323.08 of the Revised Code.	54818

~~(3)~~(4) The person is receiving or has completed the final	54819
year of instruction at home as authorized under section 3321.04 of	54820
the Revised Code, or has graduated from a nonchartered, nonpublic	54821
school in Ohio, and demonstrates mastery of the academic content	54822
and skills in reading, writing, and mathematics needed to	54823
successfully complete introductory level coursework at an	54824
institution of higher education and to avoid remedial coursework.	54825

~~(4)~~(5) The person is a high school student participating in	54826
the post-secondary enrollment options program under Chapter 3365.	54827
of the Revised Code or another dual enrollment program.	54828

(C) A state university subject to division (B) of this	54829
section may delay admission for or admit conditionally an	54830
undergraduate student who has successfully completed the Ohio core	54831
curriculum if the university determines the student requires	54832
academic remedial or developmental coursework. The university may	54833
delay admission pending, or make admission conditional upon, the	54834
student's successful completion of the academic remedial or	54835
developmental coursework at a university branch, community	54836
college, state community college, or technical college.	54837

(D) This section does not deny the right of a college of law,	54838
medicine, or other specialized education to require college	54839
training for admission, or the right of a department of music or	54840
other art to require particular preliminary training or talent.	54841

Sec. 3345.12. (A) As used in this section and sections	54842
3345.07 and 3345.11 of the Revised Code, in other sections of the	54843
Revised Code that make reference to this section unless the	54844
context does not permit, and in related bond proceedings unless	54845
otherwise expressly provided:	54846

(1) "State university or college" means each of the state	54847
universities identified in section 3345.011 of the Revised Code	54848
and the northeast Ohio medical university, and includes its board	54849
of trustees.	54850

(2) "Institution of higher education" or "institution" means	54851
a state university or college, or a community college district,	54852
technical college district, university branch district, or state	54853
community college, and includes the applicable board of trustees	54854
or, in the case of a university branch district, any other	54855
managing authority.	54856

(3) "Housing and dining facilities" means buildings,	54857
structures, and other improvements, and equipment, real estate,	54858
and interests in real estate therefor, to be used for or in	54859
connection with dormitories or other living quarters and	54860
accommodations, or related dining halls or other food service and	54861
preparation facilities, for students, members of the faculty,	54862
officers, or employees of the institution of higher education, and	54863
their spouses and families.	54864

(4) "Auxiliary facilities" means buildings, structures, and	54865
other improvements, and equipment, real estate, and interests in	54866
real estate therefor, to be used for or in connection with student	54867
activity or student service facilities, housing and dining	54868
facilities, dining halls, and other food service and preparation	54869
facilities, vehicular parking facilities, bookstores, athletic and	54870
recreational facilities, faculty centers, auditoriums, assembly	54871
and exhibition halls, hospitals, infirmaries and other medical and	54872
health facilities, research, and continuing education facilities.	54873

(5) "Education facilities" means buildings, structures, and	54874
other improvements, and equipment, real estate, and interests in	54875
real estate therefor, to be used for or in connection with,	54876
classrooms or other instructional facilities, libraries,	54877
administrative and office facilities, and other facilities, other	54878
than auxiliary facilities, to be used directly or indirectly for	54879
or in connection with the conduct of the institution of higher	54880
education.	54881

(6) "Facilities" means housing and dining facilities,	54882
auxiliary facilities, or education facilities, and includes any	54883
one, part of, or any combination of such facilities, and further	54884
includes site improvements, utilities, machinery, furnishings, and	54885
any separate or connected buildings, structures, improvements,	54886
sites, open space and green space areas, utilities or equipment to	54887
be used in, or in connection with the operation or maintenance of,	54888
or supplementing or otherwise related to the services or	54889
facilities to be provided by, such facilities.	54890

(7) "Obligations" means bonds or notes or other evidences of	54891
obligation, including interest coupons pertaining thereto,	54892
authorized to be issued under this section or section 3345.07,	54893
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	54894
Code.	54895

(8) "Bond service charges" means principal, including any	54896
mandatory sinking fund or redemption requirements for the	54897
retirement of obligations or assurances, interest, or interest	54898
equivalent and other accreted amounts, and any call premium	54899
required to be paid on obligations or assurances.	54900

(9) "Bond proceedings" means the resolutions, trust	54901
agreement, indenture, and other agreements and credit enhancement	54902
facilities, and amendments and supplements to the foregoing, or	54903
any one or more or combination thereof, authorizing, awarding, or	54904
providing for the terms and conditions applicable to, or providing	54905
for the security or liquidity of, obligations or assurances, and	54906
the provisions contained in those obligations or assurances.	54907

(10) "Costs of facilities" means the costs of acquiring,	54908
constructing, reconstructing, rehabilitating, remodeling,	54909
renovating, enlarging, improving, equipping, or furnishing	54910
facilities, and the financing thereof, including the cost of	54911
clearance and preparation of the site and of any land to be used	54912
in connection with facilities, the cost of any indemnity and	54913
surety bonds and premiums on insurance, all related direct	54914
administrative expenses and allocable portions of direct costs of	54915
the institution of higher education or state agency, cost of	54916
engineering, architectural services, design, plans, specifications	54917
and surveys, estimates of cost, legal fees, fees and expenses of	54918
trustees, depositories, bond registrars, and paying agents for the	54919
obligations, cost of issuance of the obligations and financing	54920
costs and fees and expenses of financial advisers and consultants	54921
in connection therewith, interest on the obligations from the date	54922
thereof to the time when interest is to be covered by available	54923
receipts or other sources other than proceeds of the obligations,	54924
amounts necessary to establish reserves as required by the bond	54925
proceedings, costs of audits, the reimbursements of all moneys	54926
advanced or applied by or borrowed from the institution or others,	54927
from whatever source provided, including any temporary advances	54928
from state appropriations, for the payment of any item or items of	54929
cost of facilities, and all other expenses necessary or incident	54930
to planning or determining feasibility or practicability with	54931
respect to facilities, and such other expenses as may be necessary	54932
or incident to the acquisition, construction, reconstruction,	54933
rehabilitation, remodeling, renovation, enlargement, improvement,	54934
equipment, and furnishing of facilities, the financing thereof and	54935
the placing of them in use and operation, including any one, part	54936
of, or combination of such classes of costs and expenses.	54937

(11) "Available receipts" means all moneys received by the	54938
institution of higher education, including income, revenues, and	54939
receipts from the operation, ownership, or control of facilities	54940
or entrepreneurial projects, grants, gifts, donations, and pledges	54941
and receipts therefrom, receipts from fees and charges, and the	54942
proceeds of the sale of obligations or assurances, including	54943
proceeds of obligations or assurances issued to refund obligations	54944
or assurances previously issued, but excluding any special fee,	54945
and receipts therefrom, charged pursuant to division (D) of	54946
section 154.21 of the Revised Code.	54947

(12) "Credit enhancement facilities" has the meaning given in	54948
division (H) of section 133.01 of the Revised Code.	54949

(13) "Financing costs" has the meaning given in division (K)	54950
of section 133.01 of the Revised Code.	54951

(14) "Interest" or "interest equivalent" has the meaning	54952
given in division (R) of section 133.01 of the Revised Code.	54953

(15) "Assurances" means bonds, notes, or other evidence of	54954
indebtedness, including interest coupons pertaining thereto,	54955
authorized to be issued under section 3345.36 of the Revised Code.	54956

(16) "Entrepreneurial project" has the same meaning as in	54957
section 3345.36 of the Revised Code.	54958

(17) "Costs of entrepreneurial projects" means any costs	54959
related to the establishment or development of entrepreneurial	54960
projects pursuant to a resolution adopted under section 3345.36 of	54961
the Revised Code.	54962

(B) Obligations issued under section 3345.07 or 3345.11 of	54963
the Revised Code by a state university or college shall be	54964
authorized by resolution of its board of trustees. Obligations	54965
issued by any other institution of higher education shall be	54966
authorized by resolution of its board of trustees, or managing	54967
directors in the case of certain university branch districts, as	54968
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	54969
apply to obligations and assurances. Obligations and assurances	54970
may be issued to pay costs of facilities or entrepreneurial	54971
projects even if the institution anticipates the possibility of a	54972
future state appropriation to pay all or a portion of such costs.	54973

(C) Obligations and assurances shall be secured by a pledge	54974
of and lien on all or such part of the available receipts of the	54975
institution of higher education as it provides for in the bond	54976
proceedings, excluding moneys raised by taxation and state	54977
appropriations except as permitted by section ~~3333.90~~3333.59 of	54978
the Revised Code. Such pledge and lien may be made prior to all	54979
other expenses, claims, or payments, excepting any pledge of such	54980
available receipts previously made to the contrary and except as	54981
provided by any existing restrictions on the use thereof, or such	54982
pledge and lien may be made subordinate to such other expenses,	54983
claims, or payments, as provided in the bond proceedings.	54984
Obligations or assurances may be additionally secured by covenants	54985
of the institution to make, fix, adjust, collect, and apply such	54986
charges, rates, fees, rentals, and other items of available	54987
receipts as will produce pledged available receipts sufficient to	54988
meet bond service charges, reserve, and other requirements	54989
provided for in the bond proceedings. Notwithstanding this and any	54990
other sections of the Revised Code, the holders or owners of the	54991
obligations or assurances shall not be given the right and shall	54992
have no right to have excises or taxes levied by the general	54993
assembly for the payment of bond service charges thereon, and each	54994
such obligation or assurance shall bear on its face a statement to	54995
that effect and to the effect that the right to such payment is	54996
limited to the available receipts and special funds pledged to	54997
such purpose under the bond proceedings.	54998

All pledged available receipts and funds and the proceeds of	54999
obligations or assurances are trust funds and, subject to the	55000
provisions of this section and the applicable bond proceedings,	55001
shall be held, deposited, invested, reinvested, disbursed,	55002
applied, and used to such extent, in such manner, at such times,	55003
and for such purposes, as are provided in the bond proceedings.	55004

(D) The bond proceedings for obligations or assurances shall	55005
provide for the purpose thereof and the principal amount or	55006
maximum principal amount, and provide for or authorize the manner	55007
of determining the principal maturity or maturities, the sale	55008
price including any permitted discount, the interest rate or	55009
rates, which may be a variable rate or rates, or the maximum	55010
interest rate, the date of the obligations or assurances and the	55011
date or dates of payment of interest thereon, their denominations,	55012
the manner of sale thereof, and the establishment within or	55013
without the state of a place or places of payment of bond service	55014
charges. The bond proceedings also shall provide for a pledge of	55015
and lien on available receipts of the institution of higher	55016
education as provided in division (C) of this section, and a	55017
pledge of and lien on such fund or funds provided in the bond	55018
proceedings arising from available receipts, which pledges and	55019
liens may provide for parity with obligations or assurances	55020
theretofore or thereafter issued by the institution. The available	55021
receipts so pledged and thereafter received by the institution and	55022
the funds so pledged are immediately subject to the lien of such	55023
pledge without any physical delivery thereof or further act, and	55024
the lien of any such pledge is valid and binding against all	55025
parties having claims of any kind against the institution,	55026
irrespective of whether such parties have notice thereof, and	55027
shall create a perfected security interest for all purposes of	55028
Chapter 1309. of the Revised Code, without the necessity for	55029
separation or delivery of funds or for the filing or recording of	55030
the bond proceedings by which such pledge is created or any	55031
certificate, statement, or other document with respect thereto;	55032
and the pledge of such available receipts and funds shall be	55033
effective and the money therefrom and thereof may be applied to	55034
the purposes for which pledged without necessity for any act of	55035
appropriation.	55036

(E) The bond proceedings may contain additional provisions	55037
customary or appropriate to the financing or to the obligations or	55038
assurances or to particular obligations and assurances, including:	55039

(1) The acquisition, construction, reconstruction, equipment,	55040
furnishing, improvement, operation, alteration, enlargement,	55041
maintenance, insurance, and repair of facilities or	55042
entrepreneurial projects, and the duties of the institution of	55043
higher education with reference thereto;	55044

(2) The terms of the obligations or assurances, including	55045
provisions for their redemption prior to maturity at the option of	55046
the institution of higher education at such price or prices and	55047
under such terms and conditions as are provided in the bond	55048
proceedings;	55049

(3) Limitations on the purposes to which the proceeds of the	55050
obligations or assurances may be applied;	55051

(4) The rates or rentals or other charges for the use of or	55052
right to use the facilities or entrepreneurial projects financed	55053
by the obligations or assurances, or other properties the revenues	55054
or receipts from which are pledged to the obligations or	55055
assurances, and rules for assuring any applicable use and	55056
occupancy thereof, including limitations upon the right to modify	55057
such rates, rentals, other charges, or regulations;	55058

(5) The use and expenditure of the pledged available receipts	55059
in such manner and to such extent as shall be determined, which	55060
may include provision for the payment of the expenses of	55061
operation, maintenance, and repair of facilities or	55062
entrepreneurial projects so that such expenses, or part thereof,	55063
shall be paid or provided as a charge prior or subsequent to the	55064
payment of bond service charges and any other payments required to	55065
be made by the bond proceedings;	55066

(6) Limitations on the issuance of additional obligations or	55067
assurances;	55068

(7) The terms of any trust agreement or indenture securing	55069
the obligations or assurances or under which the same may be	55070
issued;	55071

(8) The deposit, investment, and application of funds, and	55072
the safeguarding of funds on hand or on deposit without regard to	55073
Chapter 131. or 135. of the Revised Code, and any bank or trust	55074
company or other financial institution that acts as depository of	55075
any moneys under the bond proceedings shall furnish such	55076
indemnifying bonds or pledge such securities as required by the	55077
bond proceedings or otherwise by the institution of higher	55078
education;	55079

(9) The binding effect of any or every provision of the bond	55080
proceedings upon such officer, board, commission, authority,	55081
agency, department, or other person or body as may from time to	55082
time have the authority under law to take such actions as may be	55083
necessary to perform all or any part of the duty required by such	55084
provision;	55085

(10) Any provision that may be made in a trust agreement or	55086
indenture;	55087

(11) Any other or additional agreements with respect to the	55088
facilities of the institution of higher education or its	55089
entrepreneurial projects, their operation, the available receipts	55090
and funds pledged, and insurance of facilities or entrepreneurial	55091
projects and of the institution, its officers and employees.	55092

(F) Such obligations or assurances may have the seal of the	55093
institution of higher education or a facsimile thereof affixed	55094
thereto or printed thereon and shall be executed by such officers	55095
as are designated in the bond proceedings, which execution may be	55096
by facsimile signatures. Any obligations or assurances may be	55097
executed by an officer who, on the date of execution, is the	55098
proper officer although on the date of such obligations or	55099
assurances such person was not the proper officer. In case any	55100
officer whose signature or a facsimile of whose signature appears	55101
on any such obligation or assurance ceases to be such officer	55102
before delivery thereof, such signature or facsimile is	55103
nevertheless valid and sufficient for all purposes as if the	55104
person had remained such officer until such delivery; and in case	55105
the seal of the institution has been changed after a facsimile of	55106
the seal has been imprinted on such obligations or assurances,	55107
such facsimile seal continues to be sufficient as to such	55108
obligations or assurances and obligations or assurances issued in	55109
substitution or exchange therefor.	55110

(G) All such obligations or assurances are negotiable	55111
instruments and securities under Chapter 1308. of the Revised	55112
Code, subject to the provisions of the bond proceedings as to	55113
registration. The obligations or assurances may be issued in	55114
coupon or in registered form, or both. Provision may be made for	55115
the registration of any obligations or assurances with coupons	55116
attached thereto as to principal alone or as to both principal and	55117
interest, their exchange for obligations or assurances so	55118
registered, and for the conversion or reconversion into	55119
obligations or assurances with coupons attached thereto of any	55120
obligations or assurances registered as to both principal and	55121
interest, and for reasonable charges for such registration,	55122
exchange, conversion, and reconversion.	55123

(H) Pending preparation of definitive obligations or	55124
assurances, the institution of higher education may issue interim	55125
receipts or certificates which shall be exchanged for such	55126
definitive obligations or assurances.	55127

(I) Such obligations or assurances may be secured	55128
additionally by a trust agreement or indenture between the	55129
institution of higher education and a corporate trustee, which may	55130
be any trust company or bank having the powers of a trust company	55131
within or without this state but authorized to exercise trust	55132
powers within this state. Any such agreement or indenture may	55133
contain the resolution authorizing the issuance of the obligations	55134
or assurances, any provisions that may be contained in the bond	55135
proceedings as authorized by this section, and other provisions	55136
which are customary or appropriate in an agreement or indenture of	55137
such type, including:	55138

(1) Maintenance of each pledge, trust agreement, and	55139
indenture, or other instrument comprising part of the bond	55140
proceedings until the institution of higher education has fully	55141
paid the bond service charges on the obligations or assurances	55142
secured thereby, or provision therefor has been made;	55143

(2) In the event of default in any payments required to be	55144
made by the bond proceedings, or any other agreement of the	55145
institution of higher education made as a part of the contract	55146
under which the obligations or assurances were issued, enforcement	55147
of such payments or agreement by mandamus, the appointment of a	55148
receiver, suit in equity, action at law, or any combination of the	55149
foregoing;	55150

(3) The rights and remedies of the holders of obligations or	55151
assurances and of the trustee, and provisions for protecting and	55152
enforcing them, including limitations on rights of individual	55153
holders of obligations or assurances;	55154

(4) The replacement of any obligations or assurances that	55155
become mutilated or are destroyed, lost, or stolen;	55156

(5) Such other provisions as the trustee and the institution	55157
of higher education agree upon, including limitations, conditions,	55158
or qualifications relating to any of the foregoing.	55159

(J) Each duty of the institution of higher education and its	55160
officers or employees, undertaken pursuant to the bond proceedings	55161
or any related agreement or lease made under authority of law, is	55162
hereby established as a duty of such institution, and of each such	55163
officer or employee having authority to perform such duty,	55164
specially enjoined by law resulting from an office, trust, or	55165
station within the meaning of section 2731.01 of the Revised Code.	55166
The persons who are at the time the members of the board of	55167
trustees or the managing directors of the institution or its	55168
officers or employees are not liable in their personal capacities	55169
on such obligations or assurances, or lease, or other agreement of	55170
the institution.	55171

(K) The authority to issue obligations or assurances includes	55172
authority to:	55173

(1) Issue obligations or assurances in the form of bond	55174
anticipation notes and to renew them from time to time by the	55175
issuance of new notes. Such notes are payable solely from the	55176
available receipts and funds that may be pledged to the payment of	55177
such bonds, or from the proceeds of such bonds or renewal notes,	55178
or both, as the institution of higher education provides in its	55179
resolution authorizing such notes. Such notes may be additionally	55180
secured by covenants of the institution to the effect that it will	55181
do such or all things necessary for the issuance of such bonds or	55182
renewal notes in appropriate amount, and either exchange such	55183
bonds or renewal notes therefor or apply the proceeds thereof to	55184
the extent necessary, to make full payment of the bond service	55185
charges on such notes at the time or times contemplated, as	55186
provided in such resolution. Subject to the provisions of this	55187
division, all references to obligations or assurances in this	55188
section apply to such anticipation notes.	55189

(2) Issue obligations or assurances to refund, including	55190
funding and retirement of, obligations or assurances previously	55191
issued to pay costs of facilities or entrepreneurial projects.	55192
Such obligations or assurances may be issued in amounts sufficient	55193
for payment of the principal amount of the obligations or	55194
assurances to be so refunded, any redemption premiums thereon,	55195
principal maturities of any obligations or assurances maturing	55196
prior to the redemption of any other obligations or assurances on	55197
a parity therewith to be so refunded, interest accrued or to	55198
accrue to the maturity date or dates of redemption of such	55199
obligations or assurances, and any expenses incurred or to be	55200
incurred in connection with such refunding or the issuance of the	55201
obligations or assurances.	55202

(L) Obligations and assurances are lawful investments for	55203
banks, societies for savings, savings and loan associations,	55204
deposit guarantee associations, trust companies, trustees,	55205
fiduciaries, insurance companies, including domestic for life and	55206
domestic not for life, trustees or other officers having charge of	55207
sinking and bond retirement or other special funds of political	55208
subdivisions and taxing districts of this state, the commissioners	55209
of the sinking fund, the administrator of workers' compensation in	55210
accordance with the investment policy approved by the bureau of	55211
workers' compensation board of directors pursuant to section	55212
4121.12 of the Revised Code, the state teachers retirement system,	55213
the public employees retirement system, the school employees	55214
retirement system, and the Ohio police and fire pension fund,	55215
notwithstanding any other provisions of the Revised Code or rules	55216
adopted pursuant thereto by any state agency with respect to	55217
investments by them, and are also acceptable as security for the	55218
deposit of public moneys.	55219

(M) All facilities or entrepreneurial projects purchased,	55220
acquired, constructed, or owned by an institution of higher	55221
education, or financed in whole or in part by obligations or	55222
assurances issued by an institution, and used for the purposes of	55223
the institution or other publicly owned and controlled college or	55224
university, is public property used exclusively for a public	55225
purpose, and such property and the income therefrom is exempt from	55226
all taxation and assessment within this state, including ad	55227
valorem and excise taxes. The obligations or assurances, the	55228
transfer thereof, and the income therefrom, including any profit	55229
made on the sale thereof, are at all times free from taxation	55230
within the state. The transfer of tangible personal property by	55231
lease under authority of this section or section 3345.07, 3345.11,	55232
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	55233
Code is not a sale as used in Chapter 5739. of the Revised Code.	55234

(N) The authority granted by this section is cumulative with	55235
the authority granted to institutions of higher education under	55236
Chapter 154. of the Revised Code, and nothing in this section	55237
impairs or limits the authority granted by Chapter 154. of the	55238
Revised Code. In any lease, agreement, or commitment made by an	55239
institution of higher education under Chapter 154. of the Revised	55240
Code, it may agree to restrict or subordinate any pledge it may	55241
thereafter make under authority of this section.	55242

(O) Title to lands acquired under this section and sections	55243
3345.07 and 3345.11 of the Revised Code by a state university or	55244
college shall be taken in the name of the state.	55245

(P) Except where costs of facilities or entrepreneurial	55246
projects are to be paid in whole or in part from funds	55247
appropriated by the general assembly, section 125.81 of the	55248
Revised Code and the requirement for certification with respect	55249
thereto under section 153.04 of the Revised Code do not apply to	55250
such facilities or entrepreneurial projects.	55251

(Q) A state university or college may sell or lease lands or	55252
interests in land owned by it or by the state for its use, or	55253
facilities authorized to be acquired or constructed by it under	55254
section 3345.07 or 3345.11 of the Revised Code, to permit the	55255
purchasers or lessees thereof to acquire, construct, equip,	55256
furnish, reconstruct, alter, enlarge, remodel, renovate,	55257
rehabilitate, improve, maintain, repair, or maintain and operate	55258
thereon and to provide by lease or otherwise to such institution,	55259
facilities authorized in section 3345.07 or 3345.11 of the Revised	55260
Code or entrepreneurial projects authorized under section 3345.36	55261
of the Revised Code. Such land or interests therein shall be sold	55262
for such appraised value, or leased, and on such terms as the	55263
board of trustees determines. All deeds or other instruments	55264
relating to such sales or leases shall be executed by such officer	55265
of the state university or college as the board of trustees	55266
designates. The state university or college shall hold, invest, or	55267
use the proceeds of such sales or leases for the same purposes for	55268
which proceeds of borrowings may be used under sections 3345.07	55269
and 3345.11 of the Revised Code or, if the proceeds relate to the	55270
sale or lease of entrepreneurial projects, for purposes of section	55271
3345.36 of the Revised Code.	55272

(R) An institution of higher education may pledge available	55273
receipts, to the extent permitted by division (C) of this section	55274
with respect to obligations, to secure the payments to be made by	55275
it under any lease, lease with option to purchase, or	55276
lease-purchase agreement authorized under this section or section	55277
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	55278
3358.10 of the Revised Code.	55279

Sec. 3345.48. (A) As used in this section:

55280

(1) "Cohort" means a group of students who will complete	55281
their bachelor's degree requirements and graduate from a state	55282
university at the same time. A cohort may include transfer	55283
students and other selected undergraduate student academic	55284
programs as determined by the board of trustees of a state	55285
university.	55286

(2) "Eligible student" means an undergraduate student who:

55287

(a) Is enrolled full-time in a bachelor's degree program at a	55288
state university;	55289

(b) Is a resident of this state, as defined by the chancellor	55290
of the Ohio board of regents under section 3333.31 of the Revised	55291
Code.	55292

(3) "State university" has the same meaning as in section	55293
3345.011 of the Revised Code.	55294

(B) The board of trustees of a state university may establish	55295
an undergraduate tuition guarantee program that allows eligible	55296
students in the same cohort to pay a fixed rate for general and	55297
instructional fees for four years. A board of trustees may include	55298
room and board and any additional fees in the program.	55299

If the board of trustees chooses to establish such a program,	55300
the board shall adopt rules for the program that include, but are	55301
not limited to, all of the following:	55302

(1) The number of credit hours required to earn an	55303
undergraduate degree in each major;	55304

(2) A guarantee that the general and instructional fees for	55305
each student in the cohort shall remain constant for four years so	55306
long as the student complies with the requirements of the program,	55307
except that, notwithstanding any law to the contrary, the board	55308
may increase the guaranteed amount by up to six per cent above	55309
what has been charged in the previous academic year one time for	55310
the first cohort enrolled under the tuition guarantee program. If	55311
the board of trustees determines that economic conditions or other	55312
circumstances require an increase for the first cohort of above	55313
six per cent, the board shall submit a request to increase the	55314
amount by a specified percentage to the chancellor. The	55315
chancellor, based on information the chancellor requires from the	55316
board of trustees, shall approve or disapprove such a request.	55317
There shall be no other increase of general and instructional fees	55318
for that cohort or for subsequent cohorts under the program unless	55319
the general assembly approves such an increase for all tuition	55320
guarantee programs established under this section.	55321

(3) A benchmark by which the board sets annual increases in	55322
general and instructional fees. This benchmark and any subsequent	55323
change to the benchmark shall be subject to approval of the	55324
chancellor.	55325

(4) Eligibility requirements for students to participate in	55326
the program;	55327

(5) Student rights and privileges under the program;

55328

(6) Consequences to the university for students unable to	55329
complete a degree program within four years, as follows:	55330

(a) For a student who could not complete the program in four	55331
years due to a lack of available classes or space in classes	55332
provided by the university, the university shall provide the	55333
necessary course or courses for completion to the student free of	55334
charge.	55335

(b) For a student who could not complete the program in four	55336
years due to military service or other circumstances beyond a	55337
student's control, as determined by the board of trustees, the	55338
university shall provide the necessary course or courses for	55339
completion to the student at the student's initial cohort rate.	55340

(c) For a student who did not complete the program in four	55341
years for any other reason, as determined by the board of	55342
trustees, the university shall provide the necessary course or	55343
courses for completion to the student at a rate determined through	55344
a method established by the board under division (B)(7) of this	55345
section.	55346

(7) Guidelines for adjusting a student's annual charges if	55347
the student, due to circumstances under the student's control, is	55348
unable to complete a degree program within four years;	55349

(8) A requirement that the rules adopted under division (B)	55350
of this section be published or posted in the university handbook,	55351
course catalog, and web site.	55352

(C) If a board of trustees implements a program under this	55353
section, the board shall submit the rules adopted under division	55354
(B) of this section to the chancellor for approval before	55355
beginning implementation of the program.	55356

The chancellor shall not unreasonably withhold approval of a	55357
program if the program conforms in principle with the parameters	55358
and guidelines of this section.	55359

(D) A board of trustees of a state university may establish	55360
an undergraduate tuition guarantee program for nonresident	55361
students.	55362

(E) Within five years after the effective date of this	55363
section, the chancellor shall publish on the board of regents web	55364
site a report that includes all of the following:	55365

(1) The state universities that have adopted an undergraduate	55366
tuition guarantee program under this section;	55367

(2) The details of each undergraduate tuition guarantee	55368
program established under this section;	55369

(3) Comparative data, including general and instructional	55370
fees, room and board, graduation rates, and retention rates, from	55371
all state universities.	55372

Sec. 3345.81. Not later than May 1, 2014, and biennially	55373
thereafter, each institution of higher education, as defined by	55374
section 3345.12 of the Revised Code, shall submit to the	55375
chancellor of the Ohio board of regents, for each campus under the	55376
authority of that institution, a campus-specific completion plan	55377
designed to increase college completion rates. The chancellor	55378
shall prescribe a format for all plans required under this	55379
section, which may include specific strategies, targets, and	55380
metrics that promote student access, retention, progression, and	55381
completion of each student's chosen program of study. Institutions	55382
shall submit each campus plan in accordance with this format and	55383
shall include all required content, as prescribed by the	55384
chancellor. Each plan shall be consistent with the mission and	55385
strategic priorities of the campus and shall examine and, as	55386
appropriate, include all of the following:	55387

(A) Increased alignment of the institution's programs with	55388
programs of other educational institutions from preschool through	55389
higher education;	55390

(B) A communications strategy;

55391

(C) A guidance plan to provide current and potential students	55392
with broadened awareness of dual enrollment programs, as defined	55393
by section 3313.6013 of the Revised Code, and the connections	55394
between college completion and career opportunities. The guidance	55395
plan also shall also include financial literacy and planning for	55396
students and their families.	55397

(D) Increased support to ensure success for first-year	55398
students, such as increased access to career counseling and	55399
mentoring, improvements to remediation course design and subject	55400
matter, and other support programs;	55401

(E) The development of institutional systems to streamline	55402
and accelerate a student's progress toward completion, such as a	55403
coordinated system for the transfer of academic credit or a system	55404
that awards academic credit for alternative study, work, or	55405
military experience;	55406

(F) Incentives and rewards for successful student progression	55407
within, and completion of, each student's chosen program.	55408

Sec. 3350.15. The northeast Ohio medical university may enter	55409
into a partnership with Cleveland state university to establish	55410
the northeast Ohio medical university academic campus at Cleveland	55411
state university, to enable fifty per cent or more of the medical	55412
curriculum taught to students enrolled under this partnership to	55413
be based in Cleveland at Cleveland state university, local	55414
hospitals, and community- and neighborhood-based primary care	55415
clinics. Cleveland state university shall not receive state	55416
capital appropriations to pay for facilities for the academic	55417
campus.	55418

Sec. 3353.01. As used in this chapter:

55419

(A) "Educational television or radio" means television or	55420
radio programs which serve the educational needs of the community	55421
and which meet the requirements of the federal communications	55422
commission for noncommercial educational television or radio.	55423

(B) "Educational telecommunications network" means a system	55424
of connected educational television, radio, or radio reading	55425
service facilities and coordinated programs established and	55426
operated or controlled by the ~~eTech Ohio~~broadcast educational	55427
media commission, pursuant to this chapter.	55428

(C) "Transmission" means the sending out of television,	55429
radio, or radio reading service programs, either directly to the	55430
public, or to broadcasting stations or services for simultaneous	55431
broadcast or rebroadcast.	55432

(D) "Transmission facilities" means structures, equipment,	55433
material, and services used in the transmission of educational	55434
television, radio, or radio reading service programs.	55435

(E) "Interconnection facilities" means the equipment,	55436
material, and services used to link one location to another	55437
location or to several locations by means of telephone line,	55438
coaxial cable, microwave relays, or other available technologies.	55439

(F) "Broadcasting station" means a properly licensed	55440
noncommercial educational television or radio station,	55441
appropriately staffed and equipped to produce programs or lessons	55442
and to broadcast programs.	55443

(G) "Radio reading service" means a nonprofit organization	55444
that disseminates news and other information to blind and	55445
physically handicapped persons.	55446

(H) "Affiliate" means an educational telecommunication	55447
entity, including a television or radio broadcasting station or	55448
radio reading service.	55449

Sec. 3353.02. (A) There is hereby created the ~~eTech Ohio~~	55450
broadcast educational media commission as an independent agency to	55451
advance education and accelerate the learning of the citizens of	55452
this state through ~~technology~~public educational broadcasting	55453
services. The commission shall provide leadership and support in	55454
extending the knowledge of the citizens of this state by promoting	55455
access to and use of ~~all forms of~~ educational ~~technology~~	55456
broadcasting services, including educational television and radio,	55457
and radio reading services~~, broadband networks, videotapes,~~	55458
~~compact discs, digital video on demand (DVD), and the internet~~.	55459
The commission also shall administer programs to provide financial	55460
and other assistance to ~~school districts and other educational~~	55461
~~institutions for the acquisition and utilization of~~ educational	55462
~~technology~~television and radio and radio reading services.	55463

The commission is a body corporate and politic, an agency of	55464
the state performing essential governmental functions of the	55465
state.	55466

(B) The commission shall consist of thirteen members, nine of	55467
whom shall be voting members. Six of the voting members shall be	55468
representatives of the public selected from among leading citizens	55469
in the state who have demonstrated interest in educational	55470
broadcast media through service on boards or advisory councils of	55471
educational television stations, educational radio stations,	55472
educational technology agencies, or radio reading services. Of the	55473
representatives of the public, four shall be appointed by the	55474
governor with the advice and consent of the senate, one shall be	55475
appointed by the speaker of the house of representatives, and one	55476
shall be appointed by the president of the senate. The	55477
superintendent of public instruction or a designee of the	55478
superintendent, the chancellor of the Ohio board of regents or a	55479
designee of the chancellor, and the state chief information	55480
officer or a designee of the officer shall be ex officio voting	55481
members. Of the nonvoting members, two shall be members of the	55482
house of representatives appointed by the speaker of the house of	55483
representatives and two shall be members of the senate appointed	55484
by the president of the senate. The members appointed from each	55485
chamber shall not be members of the same political party.	55486

(C) Initial terms of office for members appointed by the	55487
governor shall be one year for one member, two years for one	55488
member, three years for one member, and four years for one member.	55489
At the first meeting of the commission, members appointed by the	55490
governor shall draw lots to determine the length of the term each	55491
member will serve. Thereafter, terms of office for members	55492
appointed by the governor shall be for four years. Terms of office	55493
for voting members appointed by the speaker of the house of	55494
representatives and the president of the senate shall be for four	55495
years. Any member who is a representative of the public may be	55496
reappointed by the member's respective appointing authority, but	55497
no such member may serve more than two consecutive four-year	55498
terms. Such a member may be removed by the member's respective	55499
appointing authority for cause.	55500

Any legislative member appointed by the speaker of the house	55501
of representatives or the president of the senate who ceases to be	55502
a member of the legislative chamber from which the member was	55503
appointed shall cease to be a member of the commission. The	55504
speaker of the house of representatives and the president of the	55505
senate may remove their respective appointments to the commission	55506
at any time.	55507

(D) Vacancies among appointed members shall be filled in the	55508
manner provided for original appointments. Any member appointed to	55509
fill a vacancy occurring prior to the expiration of the term for	55510
which the member's predecessor was appointed shall hold office for	55511
the remainder of that term. Any appointed member shall continue in	55512
office subsequent to the expiration of that member's term until	55513
the member's successor takes office or until a period of sixty	55514
days has elapsed, whichever occurs first.	55515

(E) Members of the commission shall serve without	55516
compensation. The members who are representatives of the public	55517
shall be reimbursed, pursuant to office of budget and management	55518
guidelines, for actual and necessary expenses incurred in the	55519
performance of official duties.	55520

(F) The governor shall appoint the chairperson of the	55521
commission from among the commission's public voting members. The	55522
chairperson shall serve a term of two years and may be	55523
reappointed. The commission shall elect other officers as	55524
necessary from among its voting members and shall prescribe its	55525
rules of procedure.	55526

~~(G) The commission shall establish advisory groups as needed~~	55527
~~to address topics of interest and to provide guidance to the~~	55528
~~commission regarding educational technology issues and the~~	55529
~~technology~~ needs of educators, learners, and the public. Members	55530
of each advisory group shall be appointed by the commission and	55531
shall include representatives of individuals or organizations with	55532
an interest in the topic addressed by the advisory group.	55533

Sec. 3353.03. (A) The ~~eTech Ohio~~broadcast educational media	55534
commission shall appoint an executive director, who shall serve at	55535
the pleasure of the commission. The executive director shall have	55536
no authority other than that provided by law or delegated to the	55537
executive director by the commission. The executive director shall	55538
do all of the following:	55539

(1) Direct ~~commission employees in~~ the administration of all	55540
programs of the commission;	55541

(2) Provide leadership and support in extending the knowledge	55542
of the citizens of this state by promoting equal access to and use	55543
of ~~all forms of~~ educational ~~technology~~broadcast media, as	55544
directed by the commission;	55545

(3) Provide financial and other assistance to ~~school~~	55546
~~districts,~~ educational television and radio stations, radio	55547
reading services, ~~educational technology organizations, and other~~	55548
~~educational institutions for the acquisition and utilization of~~	55549
~~educational technology~~and related organizations and activities;	55550

(4) Implement policies and directives issued by the	55551
commission;	55552

(5) Perform other duties authorized by the commission.

55553

(B) The commission shall fix the compensation of the	55554
executive director. The executive director shall employ and fix	55555
the compensation for such employees as necessary to facilitate the	55556
activities and purposes of the commission. The employees shall	55557
serve at the pleasure of the executive director.	55558

(C) The employees of the commission shall be placed in the	55559
unclassified service.	55560

(D)(1) Except as provided in division (D)(2) of this section,	55561
the employees of the commission shall be exempt from Chapter 4117.	55562
of the Revised Code and shall not be public employees as defined	55563
in section 4117.01 of the Revised Code.	55564

(2) All employees of the commission who transferred to the	55565
commission from one of the commission's predecessor agencies upon	55566
the commission's creation and, when employed by the predecessor	55567
agency were included in a bargaining unit established under	55568
Chapter 4117. of the Revised Code, shall continue to be included	55569
in that bargaining unit, are public employees as defined in	55570
section 4117.01 of the Revised Code, and may collectively bargain	55571
with the commission in accordance with that chapter. Otherwise,	55572
any employee hired by the commission after July 1, 2005, either to	55573
fill vacancies or to fill new positions, shall be exempt from	55574
Chapter 4117. of the Revised Code and shall not be public	55575
employees as defined in section 4117.10 of the Revised Code.	55576

Sec. 3353.04. (A) The ~~eTech Ohio~~broadcast educational media	55577
commission may perform any act necessary to carry out the	55578
functions of this chapter, including any of the following:	55579

(1) ~~Make grants to institutions and other organizations as~~	55580
~~prescribed by the general assembly for the provision of technical~~	55581
~~assistance, professional development, and other support services~~	55582
~~to enable school districts, community schools established under~~	55583
~~Chapter 3314. of the Revised Code, other educational institutions,~~	55584
~~and affiliates to utilize educational technology;~~	55585

~~(2) Establish a reporting system for school districts,~~	55586
~~community schools, other educational institutions, affiliates, and~~	55587
~~educational technology organizations that receive financial~~	55588
~~assistance from the commission. The system may require the~~	55589
~~reporting of information regarding the manner in which the~~	55590
~~assistance was expended, the manner in which the equipment or~~	55591
~~services purchased with the assistance is being utilized, the~~	55592
~~results or outcome of the utilization, the manner in which the~~	55593
~~utilization is compatible with the statewide academic standards~~	55594
~~adopted by the state board of education pursuant to section~~	55595
~~3301.079 of the Revised Code, and any other information determined~~	55596
~~by the commission.~~	55597

~~(3) Ensure that, where appropriate, products produced by any~~	55598
~~entity to which the commission provides financial assistance for~~	55599
~~use in elementary and secondary education are aligned with the~~	55600
~~statewide academic standards adopted by the state board pursuant~~	55601
~~to section 3301.079 of the Revised Code;~~	55602

~~(4)~~ Promote accessibility tothrough broadcasting services of	55603
educational products aligned with the statewide academic	55604
standards, adopted by the state board pursuant to section 3301.079	55605
of the Revised Code, for school districts, community schools, and	55606
other entities serving grades kindergarten through twelve;	55607

~~(5)~~(2) Own or operate transmission facilities and	55608
interconnection facilities, or contract for transmission	55609
facilities and interconnection facilities, for an educational	55610
television, radio, or radio reading service network;	55611

~~(6)~~(3) Establish standards for interconnection facilities	55612
used by the commission in the transmission of educational	55613
television, radio, or radio reading service programming;	55614

~~(7)~~(4) Enter into agreements with noncommercial educational	55615
television or radio broadcasting stations or radio reading	55616
services for the operation of the interconnection;	55617

~~(8)~~(5) Enter into agreements with noncommercial educational	55618
television or radio broadcasting stations or radio reading	55619
services for the production and use of educational television,	55620
radio, or radio reading service programs to be transmitted by the	55621
educational telecommunications network;	55622

~~(9)~~(6) Execute contracts and other agreements necessary and	55623
desirable to carry out the purposes of this chapter and other	55624
duties prescribed to the commission by law or authorize the	55625
executive director of the commission to execute such contracts and	55626
agreements on the commission's behalf;	55627

~~(10)~~(7) Act as consultant with educational television and	55628
educational radio stations and radio reading services toward	55629
coordination within the state of the distribution of federal funds	55630
that may become available for equipment for educational	55631
broadcasting or radio reading services;	55632

~~(11)~~(8) Make payments to noncommercial Ohio educational	55633
television or radio broadcasting stations or radio reading	55634
services to sustain the operation of such stations or services;	55635

~~(12)~~(9) In consultation with participants in programs	55636
administered by the commission, establish guidelines governing	55637
purchasing and procurement that facilitate the timely and	55638
effective implementation of such programs;	55639

~~(13)~~(10) In consultation with participants in programs	55640
administered by the commission, consider the efficiency and cost	55641
savings of statewide procurement prior to allocating and releasing	55642
funds for such programs;	55643

~~(14)~~(11) In consultation with participants in programs	55644
administered by the commission, establish a systems support	55645
network to facilitate the timely implementation of the programs	55646
and other projects and activities for which the commission	55647
provides assistance.	55648

(B) Chapters 123., 124., 125., and 153. of the Revised Code	55649
and sections 9.331 to 9.335 of the Revised Code do not apply to	55650
contracts, programs, projects, or activities of the commission.	55651

Sec. 3353.06. (A) The affiliates services fund is hereby	55652
created in the state treasury. The ~~eTech Ohio~~broadcast	55653
educational media commission shall deposit any money it receives	55654
for services provided to affiliates to the credit of the fund,	55655
including:	55656

(1) Reimbursements for services provided to stations;

55657

(2) Charges levied for maintenance of telecommunications,	55658
broadcasting, or transmission equipment;	55659

(3) Contract or grant payments from affiliates.

55660

(B) The commission shall use money credited to the affiliates	55661
services fund for any commission operating purposes, including:	55662

(1) The purchase, repair, or maintenance of	55663
telecommunications, broadcasting, or transmission equipment;	55664

(2) The purchase or lease of educational programming;

55665

(3) The purchase of tape and digital media storage and	55666
maintenance of a media library;	55667

(4) ~~Professional development programs and services;~~

55668

~~(5)~~ Administrative expenses.

55669

Sec. 3353.07. (A) There is hereby created the Ohio	55670
government telecommunications service. The Ohio government	55671
telecommunications service shall provide the state government and	55672
affiliated organizations with multimedia support including audio,	55673
visual, and internet services, multimedia streaming, and hosting	55674
multimedia programs.	55675

Services relating to the official activities of the general	55676
assembly and the executive offices provided by the Ohio government	55677
telecommunications service shall be funded through grants to a	55678
~~public~~an educational television broadcasting station that will	55679
manage the staff and provide the services of the Ohio government	55680
telecommunications service. The Ohio educational television	55681
stations shall select a member station to manage the Ohio	55682
government telecommunications service. The Ohio government	55683
telecommunications service shall receive grants from, or contract	55684
with, any of the three branches of Ohio government, and their	55685
affiliates, to provide additional services. Services provided by	55686
the Ohio government telecommunications service shall not be used	55687
for political purposes included in campaign materials, or	55688
otherwise used to influence an election, legislation, issue,	55689
judicial decision, or other policy of state government.	55690

(B)(1) There is hereby created the legislative programming	55691
committee of the Ohio government telecommunications service that	55692
shall consist of the president of the senate, speaker of the house	55693
of representatives, minority leader of the senate, and minority	55694
leader of the house of representatives, or their designees, and	55695
the clerks of the senate and house of representatives as	55696
nonvoting, ex officio members. By a vote of a majority of its	55697
members, the program committee may add additional members to the	55698
committee.	55699

(2) The legislative programming committee shall adopt rules	55700
that govern the operation of the Ohio government	55701
telecommunications service relating to the general assembly and	55702
any affiliated organizations.	55703

Sec. 3365.01. As used in this chapter:

55704

(A) "College" means any state-assisted college or university	55705
described in section 3333.041 of the Revised Code, any nonprofit	55706
institution holding a certificate of authorization pursuant to	55707
Chapter 1713. of the Revised Code, any private institution exempt	55708
from regulation under Chapter 3332. of the Revised Code as	55709
prescribed in section 3333.046 of the Revised Code, and any	55710
institution holding a certificate of registration from the state	55711
board of career colleges and schools and program authorization for	55712
an associate or bachelor's degree program issued under section	55713
3332.05 of the Revised Code.	55714

(B) "School district," except as specified in division (G) of	55715
this section, means any school district to which a student is	55716
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	55717
the Revised Code and does not include a joint vocational or	55718
cooperative education school district.	55719

(C) "Parent" has the same meaning as in section 3313.64 of	55720
the Revised Code.	55721

(D) "Participant" means a student enrolled in a college under	55722
the post-secondary enrollment options program established by this	55723
chapter, including a student who has been excused from the	55724
compulsory attendance law for the purpose of home instruction	55725
under section 3321.04 of the Revised Code.	55726

(E) "Secondary grade" means the ninth through twelfth grades.

55727

(F) "School foundation payments" means the amount required to	55728
be paid to a school district for a fiscal year under Chapter 3317.	55729
of the Revised Code.	55730

(G) "Tuition base" means~~, with respect to a participant's~~	55731
~~school district, the sum of~~ the formula amount ~~plus the per pupil~~	55732
~~amount of the base funding supplements~~ specified in ~~divisions~~	55733
~~(C)(1) to (4) of~~ section ~~3317.012~~3317.02 of the Revised Code for	55734
the applicable fiscal year ~~2009~~.	55735

~~The participant's "school district" in the case of a~~	55736
~~participant enrolled in a community school shall be the school~~	55737
~~district in which the student is entitled to attend school under~~	55738
~~section 3313.64 or 3313.65 of the Revised Code.~~	55739

(H) "Educational program" means enrollment in one or more	55740
school districts, in a nonpublic school, or in a college under	55741
division (B) of section 3365.04 of the Revised Code.	55742

(I) "Nonpublic school" means a chartered or nonchartered	55743
school for which minimum standards are prescribed by the state	55744
board of education pursuant to division (D) of section 3301.07 of	55745
the Revised Code.	55746

(J) "School year" means the year beginning on the first day	55747
of July and ending on the thirtieth day of June.	55748

(K) "Community school" means any school established pursuant	55749
to Chapter 3314. of the Revised Code that includes secondary	55750
grades.	55751

(L) "STEM school" means a science, technology, engineering,	55752
and mathematics school established under Chapter 3326. of the	55753
Revised Code.	55754

Sec. 3365.02. There is hereby established the post-secondary	55755
enrollment options program under which a secondary grade student	55756
who is a resident of this state may enroll at a college, on a	55757
full- or part-time basis, and complete nonsectarian courses for	55758
high school and college credit.	55759

Secondary grade students in a nonpublic school may	55760
participate in the post-secondary enrollment options program if	55761
the chief administrator of such school notifies the department of	55762
education by the first day of April prior to the school year in	55763
which the school's students will participate.	55764

The state board of education, after consulting with the board	55765
of regents, shall adopt rules governing the program. The rules	55766
shall include:	55767

(A) Requirements for school districts, community schools, or	55768
participating nonpublic schools to provide information about the	55769
program prior to the first day of March of each year to all	55770
students enrolled in grades eight through eleven;	55771

(B) A requirement that a student or the student's parent	55772
inform the district board of education, the governing authority of	55773
a community school, the STEM school chief administrative officer,	55774
or the nonpublic school administrator by the thirtieth day of	55775
March of the student's intent to participate in the program during	55776
the following school year. The rule shall provide that any student	55777
who fails to provide the notification by the required date may not	55778
participate in the program during the following school year	55779
without the written consent of the district superintendent, the	55780
governing authority of a community school, the STEM school chief	55781
administrative officer, or the nonpublic school administrator.	55782

(C) Requirements that school districts, community schools,	55783
and STEM schools provide counseling services to students in grades	55784
eight through eleven and to their parents before the students	55785
participate in the program under this chapter to ensure that	55786
students and parents are fully aware of the possible risks and	55787
consequences of participation. Counseling information shall	55788
include without limitation:	55789

(1) Program eligibility;

55790

(2) The process for granting academic credits;

55791

(3) Financial arrangements for tuition, books, materials, and	55792
fees;	55793

(4) Criteria for any transportation aid;

55794

(5) Available support services;

55795

(6) Scheduling;

55796

(7) The consequences of failing or not completing a course in	55797
which the student enrolls and the effect of the grade attained in	55798
the course being included in the student's grade point average, if	55799
applicable;	55800

(8) The effect of program participation on the student's	55801
ability to complete the district's or school's graduation	55802
requirements;	55803

(9) The academic and social responsibilities of students and	55804
parents under the program;	55805

(10) Information about and encouragement to use the	55806
counseling services of the college in which the student intends to	55807
enroll.	55808

(D) A requirement that the student and the student's parent	55809
sign a form, provided by the school district or school, stating	55810
that they have received the counseling required by division (C) of	55811
this section and that they understand the responsibilities they	55812
must assume in the program;	55813

(E) The options required by section 3365.04 of the Revised	55814
Code;	55815

(F) ~~A requirement that a student may not enroll in any~~	55816
~~specific college course through the program if the student has~~	55817
~~taken high school courses in the same subject area as that college~~	55818
~~course and has failed to attain a cumulative grade point average~~	55819
~~of at least 3.0 on a 4.0 scale, or the equivalent, in such~~	55820
~~completed high school courses~~A requirement that student	55821
participation in the program be based solely on a participating	55822
college's established admission standards.	55823

Sec. 3365.022. (A) Beginning July 1, 2013, a student who has	55824
been excused from the compulsory attendance law for the purpose of	55825
home instruction under section 3321.04 of the Revised Code, and is	55826
the equivalent of a ninth, tenth, eleventh, or twelfth grader may	55827
participate in the post-secondary enrollment options program	55828
established under this chapter.	55829

(B)(1) If a student meets the criteria established in	55830
division (A) of this section and wishes to participate in the	55831
post-secondary enrollment options program, the parent or guardian	55832
of that student shall notify the department of education by the	55833
first day of April prior to the school year in which the student	55834
wishes to participate.	55835

(2) For the 2013-2014 school year, the department may accept	55836
applications at a later date if that student wishes to participate	55837
in the program during the 2013-2014 school year.	55838

(C) Pursuant to rules adopted by the state board of education	55839
under section 3365.02 of the Revised Code, payments to a	55840
participating college, in which home-instructed students enrolled	55841
pursuant to this section, shall be made in the same manner as	55842
payments made for participating students from nonpublic secondary	55843
schools, pursuant to section 3365.07 of the Revised Code.	55844

Sec. 3365.07. (A) The rules adopted under section 3365.02 of	55845
the Revised Code shall specify a method for each of the following:	55846

(1) Determining, with respect to any participant, the	55847
percentage of a full-time educational program constituted by the	55848
participant's total educational program. That percentage shall be	55849
the participant's full-time equivalency percentage for purposes of	55850
the computation required by division (B)(1) of this section.	55851

(2) In the case of a participant who is not enrolled in a	55852
participating nonpublic school, determining the percentage of a	55853
participant's school day during which the participant is	55854
participating in each of the following:	55855

(a) Programs provided by the city, local, or exempted village	55856
school district, a community school, or a STEM school;	55857

(b) Programs provided by a joint vocational school district;

55858

(c) Programs provided by a college under division (B) of	55859
section 3365.04 of the Revised Code.	55860

The sum of divisions (A)(2)(a) to (c) of this section shall equal	55861
one hundred per cent.	55862

(3) In the case of a participant who is not enrolled in a	55863
participating nonpublic school, determining the percentage of a	55864
participant's enrollment that shall be deemed to be enrollment in	55865
a joint vocational school district and the percentage that shall	55866
be deemed to be enrollment in a city, local, or exempted village	55867
school district. The sum of such percentages shall equal one	55868
hundred per cent.	55869

(4) In the case of a participant who is enrolled in a	55870
participating nonpublic school, determining the percentage of a	55871
participant's school day during which the participant is	55872
participating in programs provided by a college under division (B)	55873
of section 3365.04 of the Revised Code.	55874

(B) Each July, unless provided otherwise in an alternative	55875
funding agreement entered into under rules adopted under section	55876
3365.12 of the Revised Code, the department of education shall pay	55877
each college for any participant enrolled in the college in the	55878
prior school year under division (B) of section 3365.04 of the	55879
Revised Code an amount computed as follows:	55880

(1) Multiply the tuition base by the participant's full-time	55881
equivalency percentage and multiply the resulting amount by a	55882
percentage equal to the percentage of the participant's school day	55883
apportioned to the college under division (A)(2)(c) or (4) of this	55884
section, as applicable.	55885

(2) Pay the college the lesser of:

55886

(a) The amount computed under division (B)(1) of this	55887
section;	55888

(b) The actual costs that would have been the responsibility	55889
of the participant had the participant elected to enroll under	55890
division (A) of section 3365.04 of the Revised Code, as verified	55891
by the department, of tuition, textbooks, materials, and fees	55892
directly related to any courses elected by the participant during	55893
the prior school year under division (B) of section 3365.04 of the	55894
Revised Code.	55895

(C) The department shall not reimburse ~~any~~a college for any	55896
of the following:	55897

(1) A college course taken by a participant under division	55898
(A) of section 3365.04 of the Revised Code;	55899

(2) A college course taken by a participant that is not	55900
included in or equivalent to a course included in either a	55901
transfer module or the transfer assurance guide developed by the	55902
chancellor.	55903

(D) If the participant was not enrolled in a participating	55904
nonpublic school, the amount paid under division (B) of this	55905
section for each participant shall be subtracted from the school	55906
foundation payments made to the participant's school district or,	55907
if the participant was enrolled in a community school or a STEM	55908
school, from the payments made to the participant's school under	55909
section 3314.08 or 3326.33 of the Revised Code. If the participant	55910
was enrolled in a joint vocational school district, a portion of	55911
the amount shall be subtracted from the payments to the joint	55912
vocational school district and a portion shall be subtracted from	55913
the payments to the participant's city, local, or exempted village	55914
school district. The amount of the payment subtracted from the	55915
city, local, or exempted village school district shall be computed	55916
as follows:	55917

(1) Add the following:

55918

(a) The percentage of the participant's enrollment in the	55919
school district, determined under division (A)(3) of this section;	55920
and	55921

(b) Twenty-five per cent times the percentage of the	55922
participant's enrollment in the joint vocational school district,	55923
determined under division (A)(3) of this section.	55924

(2) Multiply the sum obtained under division (D)(1) of this	55925
section by the amount computed under division (B)(2) of this	55926
section.	55927

The balance of the payment shall be subtracted from the joint	55928
vocational district's school foundation payments.	55929

(E) If the participant was enrolled in a participating	55930
nonpublic school, the amount paid under division (B) of this	55931
section shall be subtracted from moneys set aside by the general	55932
assembly for such purpose from funds appropriated for the purposes	55933
of section 3317.06 of the Revised Code.	55934

Sec. 3365.12. The superintendent of public instruction and	55935
the chancellor of the Ohio board of regents jointly may adopt	55936
rules in accordance with Chapter 119. of the Revised Code	55937
permitting a board of education of a school district or joint	55938
vocational school district, governing authority of a community	55939
school, governing body of a STEM school, or governing authority of	55940
a participating nonpublic school to enter into an agreement with a	55941
college or university to use an alternate funding formula to	55942
calculate, or an alternate method to transmit, the amount the	55943
college or university would be paid for a student participating in	55944
a program under this chapter, including the program known as	55945
seniors to sophomores.	55946

Rules adopted under this section may include, but need not be	55947
limited to, any of the following alternative funding options:	55948

(A) Direct payment of funds necessary to support students	55949
participating in a program under this chapter, including the	55950
seniors to sophomores program, by the school district, joint	55951
vocational school district, community school, STEM school, or any	55952
combination thereof, to the college or university in which the	55953
student enrolled;	55954

(B) Alternate funding formulas to calculate the amount of	55955
money to be paid to colleges for participants;	55956

(C) A negotiated amount to be paid, as agreed by the school	55957
district, joint vocational school district, community school, or	55958
STEM school and the college or university.	55959

Rules adopted under this section shall prohibit any	55960
alternative funding option to include charging a student	55961
participating in the program under this chapter any tuition or	55962
fees.	55963

Sec. 3501.01. As used in the sections of the Revised Code	55964
relating to elections and political communications:	55965

(A) "General election" means the election held on the first	55966
Tuesday after the first Monday in each November.	55967

(B) "Regular municipal election" means the election held on	55968
the first Tuesday after the first Monday in November in each	55969
odd-numbered year.	55970

(C) "Regular state election" means the election held on the	55971
first Tuesday after the first Monday in November in each	55972
even-numbered year.	55973

(D) "Special election" means any election other than those	55974
elections defined in other divisions of this section. A special	55975
election may be held only on the first Tuesday after the first	55976
Monday in February, May, August, or November, or on the day	55977
authorized by a particular municipal or county charter for the	55978
holding of a primary election, except that in any year in which a	55979
presidential primary election is held, no special election shall	55980
be held in February or May, except as authorized by a municipal or	55981
county charter, but may be held on the first Tuesday after the	55982
first Monday in March.	55983

(E)(1) "Primary" or "primary election" means an election held	55984
for the purpose of nominating persons as candidates of political	55985
parties for election to offices, and for the purpose of electing	55986
persons as members of the controlling committees of political	55987
parties and as delegates and alternates to the conventions of	55988
political parties. Primary elections shall be held on the first	55989
Tuesday after the first Monday in May of each year except in years	55990
in which a presidential primary election is held.	55991

(2) "Presidential primary election" means a primary election	55992
as defined by division (E)(1) of this section at which an election	55993
is held for the purpose of choosing delegates and alternates to	55994
the national conventions of the major political parties pursuant	55995
to section 3513.12 of the Revised Code. Unless otherwise	55996
specified, presidential primary elections are included in	55997
references to primary elections. In years in which a presidential	55998
primary election is held, all primary elections shall be held on	55999
the first Tuesday after the first Monday in March except as	56000
otherwise authorized by a municipal or county charter.	56001

(F) "Political party" means any group of voters meeting the	56002
requirements set forth in section 3517.01 of the Revised Code for	56003
the formation and existence of a political party.	56004

(1) "Major political party" means any political party	56005
organized under the laws of this state whose candidate for	56006
governor or nominees for presidential electors received no less	56007
than twenty per cent of the total vote cast for such office at the	56008
most recent regular state election.	56009

(2) "Intermediate political party" means any political party	56010
organized under the laws of this state whose candidate for	56011
governor or nominees for presidential electors received less than	56012
twenty per cent but not less than ten per cent of the total vote	56013
cast for such office at the most recent regular state election.	56014

(3) "Minor political party" means any political party	56015
organized under the laws of this state whose candidate for	56016
governor or nominees for presidential electors received less than	56017
ten per cent but not less than five per cent of the total vote	56018
cast for such office at the most recent regular state election or	56019
which has filed with the secretary of state, subsequent to any	56020
election in which it received less than five per cent of such	56021
vote, a petition signed by qualified electors equal in number to	56022
at least one per cent of the total vote cast for such office in	56023
the last preceding regular state election, except that a newly	56024
formed political party shall be known as a minor political party	56025
until the time of the first election for governor or president	56026
which occurs not less than twelve months subsequent to the	56027
formation of such party, after which election the status of such	56028
party shall be determined by the vote for the office of governor	56029
or president.	56030

(G) "Dominant party in a precinct" or "dominant political	56031
party in a precinct" means that political party whose candidate	56032
for election to the office of governor at the most recent regular	56033
state election at which a governor was elected received more votes	56034
than any other person received for election to that office in such	56035
precinct at such election.	56036

(H) "Candidate" means any qualified person certified in	56037
accordance with the provisions of the Revised Code for placement	56038
on the official ballot of a primary, general, or special election	56039
to be held in this state, or any qualified person who claims to be	56040
a write-in candidate, or who knowingly assents to being	56041
represented as a write-in candidate by another at either a	56042
primary, general, or special election to be held in this state.	56043

(I) "Independent candidate" means any candidate who claims	56044
not to be affiliated with a political party, and whose name has	56045
been certified on the office-type ballot at a general or special	56046
election through the filing of a statement of candidacy and	56047
nominating petition, as prescribed in section 3513.257 of the	56048
Revised Code.	56049

(J) "Nonpartisan candidate" means any candidate whose name is	56050
required, pursuant to section 3505.04 of the Revised Code, to be	56051
listed on the nonpartisan ballot, including all candidates for	56052
judicial office, for member of any board of education, for	56053
municipal or township offices in which primary elections are not	56054
held for nominating candidates by political parties, and for	56055
offices of municipal corporations having charters that provide for	56056
separate ballots for elections for these offices.	56057

(K) "Party candidate" means any candidate who claims to be a	56058
member of a political party, whose name has been certified on the	56059
office-type ballot at a general or special election through the	56060
filing of a declaration of candidacy and petition of candidate,	56061
and who has won the primary election of the candidate's party for	56062
the public office the candidate seeks or is selected by party	56063
committee in accordance with section 3513.31 of the Revised Code.	56064

(L) "Officer of a political party" includes, but is not	56065
limited to, any member, elected or appointed, of a controlling	56066
committee, whether representing the territory of the state, a	56067
district therein, a county, township, a city, a ward, a precinct,	56068
or other territory, of a major, intermediate, or minor political	56069
party.	56070

(M) "Question or issue" means any question or issue certified	56071
in accordance with the Revised Code for placement on an official	56072
ballot at a general or special election to be held in this state.	56073

(N) "Elector" or "qualified elector" means a person having	56074
the qualifications provided by law to be entitled to vote.	56075

(O) "Voter" means an elector who votes at an election.

56076

(P) "Voting residence" means that place of residence of an	56077
elector which shall determine the precinct in which the elector	56078
may vote.	56079

(Q) "Precinct" means a district within a county established	56080
by the board of elections of such county within which all	56081
qualified electors having a voting residence therein may vote at	56082
the same polling place.	56083

(R) "Polling place" means that place provided for each	56084
precinct at which the electors having a voting residence in such	56085
precinct may vote.	56086

(S) "Board" or "board of elections" means the board of	56087
elections appointed in a county pursuant to section 3501.06 of the	56088
Revised Code.	56089

(T) "Political subdivision" means a county, township, city,	56090
village, or school district.	56091

(U) "Election officer" or "election official" means any of	56092
the following:	56093

(1) Secretary of state;

56094

(2) Employees of the secretary of state serving the division	56095
of elections in the capacity of attorney, administrative officer,	56096
administrative assistant, elections administrator, office manager,	56097
or clerical supervisor;	56098

(3) Director of a board of elections;

56099

(4) Deputy director of a board of elections;

56100

(5) Member of a board of elections;

56101

(6) Employees of a board of elections;

56102

(7) Precinct polling place judges;

56103

(8) Employees appointed by the boards of elections on a	56104
temporary or part-time basis.	56105

(V) "Acknowledgment notice" means a notice sent by a board of	56106
elections, on a form prescribed by the secretary of state,	56107
informing a voter registration applicant or an applicant who	56108
wishes to change the applicant's residence or name of the status	56109
of the application; the information necessary to complete or	56110
update the application, if any; and if the application is	56111
complete, the precinct in which the applicant is to vote.	56112

(W) "Confirmation notice" means a notice sent by a board of	56113
elections, on a form prescribed by the secretary of state, to a	56114
registered elector to confirm the registered elector's current	56115
address.	56116

(X) "Designated agency" means an office or agency in the	56117
state that provides public assistance or that provides	56118
state-funded programs primarily engaged in providing services to	56119
persons with disabilities and that is required by the National	56120
Voter Registration Act of 1993 to implement a program designed and	56121
administered by the secretary of state for registering voters, or	56122
any other public or government office or agency that implements a	56123
program designed and administered by the secretary of state for	56124
registering voters, including the department of job and family	56125
services, the program administered under section 3701.132 of the	56126
Revised Code by the department of health, the department of ~~mental~~	56127
~~health~~mental health and addiction services, the department of	56128
developmental disabilities, the rehabilitation services	56129
commission, and any other agency the secretary of state	56130
designates. "Designated agency" does not include public high	56131
schools and vocational schools, public libraries, or the office of	56132
a county treasurer.	56133

(Y) "National Voter Registration Act of 1993" means the	56134
"National Voter Registration Act of 1993," 107 Stat. 77, 42	56135
U.S.C.A. 1973gg.	56136

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	56137
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	56138

(AA) "Photo identification" means a document that meets each	56139
of the following requirements:	56140

(1) It shows the name of the individual to whom it was	56141
issued, which shall conform to the name in the poll list or	56142
signature pollbook.	56143

(2) It shows the current address of the individual to whom it	56144
was issued, which shall conform to the address in the poll list or	56145
signature pollbook, except for a driver's license or a state	56146
identification card issued under section 4507.50 of the Revised	56147
Code, which may show either the current or former address of the	56148
individual to whom it was issued, regardless of whether that	56149
address conforms to the address in the poll list or signature	56150
pollbook.	56151

(3) It shows a photograph of the individual to whom it was	56152
issued.	56153

(4) It includes an expiration date that has not passed.

56154

(5) It was issued by the government of the United States or	56155
this state.	56156

Sec. 3599.45. (A) As used in this section:

56157

"Candidate," "campaign committee," and "contribution" have	56158
the same meanings as in section 3517.01 of the Revised Code.	56159

"Medicaid provider" has the same meaning as in section	56160
5164.01 of the Revised Code.	56161

(B) No candidate for the office of attorney general or county	56162
prosecutor or such a candidate's campaign committee shall	56163
knowingly accept any contribution from a medicaid provider of	56164
~~services or goods under contract with the department of job and~~	56165
~~family services pursuant to the medicaid program of Title XIX of~~	56166
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as~~	56167
~~amended,~~ or from any person having an ownership interest in the	56168
medicaid provider.	56169

~~As used in this section "candidate," "campaign committee,"~~	56170
~~and "contribution" have the same meaning as in section 3517.01 of~~	56171
~~the Revised Code.~~	56172

~~(B)~~(C) Whoever violates this section is guilty of a	56173
misdemeanor of the first degree.	56174

Sec. 3701.023. (A) The department of health shall review	56175
applications for eligibility for the program for medically	56176
handicapped children that are submitted to the department by city	56177
and general health districts and physician providers approved in	56178
accordance with division (C) of this section. The department shall	56179
determine whether the applicants meet the medical and financial	56180
eligibility requirements established by the director of health	56181
pursuant to division (A)(1) of section 3701.021 of the Revised	56182
Code, and by the department in the manual of operational	56183
procedures and guidelines for the program for medically	56184
handicapped children developed pursuant to division (B) of that	56185
section. Referrals of potentially eligible children for the	56186
program may be submitted to the department on behalf of the child	56187
by parents, guardians, public health nurses, or any other	56188
interested person. The department of health may designate other	56189
agencies to refer applicants to the department of health.	56190

(B) In accordance with the procedures established in rules	56191
adopted under division (A)(4) of section 3701.021 of the Revised	56192
Code, the department of health shall authorize a provider or	56193
providers to provide to any Ohio resident under twenty-one years	56194
of age, without charge to the resident or the resident's family	56195
and without restriction as to the economic status of the resident	56196
or the resident's family, diagnostic services necessary to	56197
determine whether the resident has a medically handicapping or	56198
potentially medically handicapping condition.	56199

(C) The department of health shall review the applications of	56200
health professionals, hospitals, medical equipment suppliers, and	56201
other individuals, groups, or agencies that apply to become	56202
providers. The department shall enter into a written agreement	56203
with each applicant who is determined, pursuant to the	56204
requirements set forth in rules adopted under division (A)(2) of	56205
section 3701.021 of the Revised Code, to be eligible to be a	56206
provider in accordance with the provider agreement required by the	56207
~~medical assistance~~medicaid program ~~established under section~~	56208
~~5111.01 of the Revised Code~~. No provider shall charge a medically	56209
handicapped child or the child's parent or guardian for services	56210
authorized by the department under division (B) or (D) of this	56211
section.	56212

The department, in accordance with rules adopted under	56213
division (A)(3) of section 3701.021 of the Revised Code, may	56214
disqualify any provider from further participation in the program	56215
for violating any requirement set forth in rules adopted under	56216
division (A)(2) of that section. The disqualification shall not	56217
take effect until a written notice, specifying the requirement	56218
violated and describing the nature of the violation, has been	56219
delivered to the provider and the department has afforded the	56220
provider an opportunity to appeal the disqualification under	56221
division (H) of this section.	56222

(D) The department of health shall evaluate applications from	56223
city and general health districts and approved physician providers	56224
for authorization to provide treatment services, service	56225
coordination, and related goods to children determined to be	56226
eligible for the program for medically handicapped children	56227
pursuant to division (A) of this section. The department shall	56228
authorize necessary treatment services, service coordination, and	56229
related goods for each eligible child in accordance with an	56230
individual plan of treatment for the child. As an alternative, the	56231
department may authorize payment of health insurance premiums on	56232
behalf of eligible children when the department determines, in	56233
accordance with criteria set forth in rules adopted under division	56234
(A)(9) of section 3701.021 of the Revised Code, that payment of	56235
the premiums is cost-effective.	56236

(E) The department of health shall pay, from appropriations	56237
to the department, any necessary expenses, including but not	56238
limited to, expenses for diagnosis, treatment, service	56239
coordination, supportive services, transportation, and accessories	56240
and their upkeep, provided to medically handicapped children,	56241
provided that the provision of the goods or services is authorized	56242
by the department under division (B) or (D) of this section. Money	56243
appropriated to the department of health may also be expended for	56244
reasonable administrative costs incurred by the program. The	56245
department of health also may purchase liability insurance	56246
covering the provision of services under the program for medically	56247
handicapped children by physicians and other health care	56248
professionals.	56249

Payments made to providers by the department of health	56250
pursuant to this division for inpatient hospital care, outpatient	56251
care, and all other medical assistance furnished to eligible	56252
recipients shall be made in accordance with rules adopted by the	56253
director of health pursuant to division (A) of section 3701.021 of	56254
the Revised Code.	56255

The departments of health and ~~job and family services~~	56256
medicaid shall jointly implement procedures to ensure that	56257
duplicate payments are not made under the program for medically	56258
handicapped children and the ~~medical assistance~~medicaid program	56259
~~established under section 5111.01 of the Revised Code~~ and to	56260
identify and recover duplicate payments.	56261

(F) At the time of applying for participation in the program	56262
for medically handicapped children, a medically handicapped child	56263
or the child's parent or guardian shall disclose the identity of	56264
any third party against whom the child or the child's parent or	56265
guardian has or may have a right of recovery for goods and	56266
services provided under division (B) or (D) of this section. The	56267
department of health shall require a medically handicapped child	56268
who receives services from the program or the child's parent or	56269
guardian to apply for all third-party benefits for which the child	56270
may be eligible and require the child, parent, or guardian to	56271
apply all third-party benefits received to the amount determined	56272
under division (E) of this section as the amount payable for goods	56273
and services authorized under division (B) or (D) of this section.	56274
The department is the payer of last resort and shall pay for	56275
authorized goods or services, up to the amount determined under	56276
division (E) of this section for the authorized goods or services,	56277
only to the extent that payment for the authorized goods or	56278
services is not made through third-party benefits. When a third	56279
party fails to act on an application or claim for benefits by a	56280
medically handicapped child or the child's parent or guardian, the	56281
department shall pay for the goods or services only after ninety	56282
days have elapsed since the date the child, parents, or guardians	56283
made an application or claim for all third-party benefits.	56284
Third-party benefits received shall be applied to the amount	56285
determined under division (E) of this section. Third-party	56286
payments for goods and services not authorized under division (B)	56287
or (D) of this section shall not be applied to payment amounts	56288
determined under division (E) of this section. Payment made by the	56289
department shall be considered payment in full of the amount	56290
determined under division (E) of this section. Medicaid payments	56291
for persons eligible for the ~~medical assistance~~medicaid program	56292
~~established under section 5111.01 of the Revised Code~~ shall be	56293
considered payment in full of the amount determined under division	56294
(E) of this section.	56295

(G) The department of health shall administer a program to	56296
provide services to Ohio residents who are twenty-one or more	56297
years of age who have cystic fibrosis and who meet the eligibility	56298
requirements established in rules adopted by the director of	56299
health pursuant to division (A)(7) of section 3701.021 of the	56300
Revised Code, subject to all provisions of this section, but not	56301
subject to section 3701.024 of the Revised Code.	56302

(H) The department of health shall provide for appeals, in	56303
accordance with rules adopted under section 3701.021 of the	56304
Revised Code, of denials of applications for the program for	56305
medically handicapped children under division (A) or (D) of this	56306
section, disqualification of providers, or amounts paid under	56307
division (E) of this section. Appeals under this division are not	56308
subject to Chapter 119. of the Revised Code.	56309

The department may designate ombudspersons to assist	56310
medically handicapped children or their parents or guardians, upon	56311
the request of the children, parents, or guardians, in filing	56312
appeals under this division and to serve as children's, parents',	56313
or guardians' advocates in matters pertaining to the	56314
administration of the program for medically handicapped children	56315
and eligibility for program services. The ombudspersons shall	56316
receive no compensation but shall be reimbursed by the department,	56317
in accordance with rules of the office of budget and management,	56318
for their actual and necessary travel expenses incurred in the	56319
performance of their duties.	56320

(I) The department of health, and city and general health	56321
districts providing service coordination pursuant to division	56322
(A)(2) of section 3701.024 of the Revised Code, shall provide	56323
service coordination in accordance with the standards set forth in	56324
the rules adopted under section 3701.021 of the Revised Code,	56325
without charge, and without restriction as to economic status.	56326

(J)(1) The department of health may establish a manufacturer	56327
discount program under which a manufacturer of a drug or	56328
nutritional formula is permitted to enter into an agreement with	56329
the department to provide a discount on the price of the drug or	56330
nutritional formula distributed to medically handicapped children	56331
participating in the program for medically handicapped children.	56332
The program shall be administered in accordance with rules adopted	56333
under section 3701.021 of the Revised Code.	56334

(2) If a manufacturer enters into an agreement with the	56335
department as described in division (J)(1) of this section, the	56336
manufacturer and the department may negotiate the amount and terms	56337
of the discount.	56338

(3) In lieu of establishing a discount program as described	56339
in division (J)(1) of this section, the department and a	56340
manufacturer of a drug or nutritional formula may discuss a	56341
donation of drugs, nutritional formulas, or money by the	56342
manufacturer to the department.	56343

Sec. 3701.024. (A)(1) Under a procedure established in rules	56344
adopted under section 3701.021 of the Revised Code, the department	56345
of health shall determine the amount each county shall provide	56346
annually for the program for medically handicapped children, based	56347
on a proportion of the county's total general property tax	56348
duplicate, not to exceed one-tenth of a mill, and charge the	56349
county for any part of expenses incurred under the program for	56350
treatment services on behalf of medically handicapped children	56351
having legal settlement in the county that is not paid from	56352
federal funds or through the ~~medical assistance~~medicaid program	56353
~~established under section 5111.01 of the Revised Code~~. The	56354
department shall not charge the county for expenses exceeding the	56355
difference between the amount determined under division (A)(1) of	56356
this section and any amounts retained under divisions (A)(2) and	56357
(3) of this section.	56358

All amounts collected by the department under division (A)(1)	56359
of this section shall be deposited into the state treasury to the	56360
credit of the medically handicapped children-county assessment	56361
fund, which is hereby created. The fund shall be used by the	56362
department to comply with sections 3701.021 to 3701.028 of the	56363
Revised Code.	56364

(2) The department, in accordance with rules adopted under	56365
section 3701.021 of the Revised Code, may allow each county to	56366
retain up to ten per cent of the amount determined under division	56367
(A)(1) of this section to provide funds to city or general health	56368
districts of the county with which the districts shall provide	56369
service coordination, public health nursing, or transportation	56370
services for medically handicapped children.	56371

(3) In addition to any amount retained under division (A)(2)	56372
of this section, the department, in accordance with rules adopted	56373
under section 3701.021 of the Revised Code, may allow counties	56374
that it determines have significant numbers of potentially	56375
eligible medically handicapped children to retain an amount equal	56376
to the difference between:	56377

(a) Twenty-five per cent of the amount determined under	56378
division (A)(1) of this section;	56379

(b) Any amount retained under division (A)(2) of this	56380
section.	56381

Counties shall use amounts retained under division (A)(3) of	56382
this section to provide funds to city or general health districts	56383
of the county with which the districts shall conduct outreach	56384
activities to increase participation in the program for medically	56385
handicapped children.	56386

(4) Prior to any increase in the millage charged to a county,	56387
the director of health shall hold a public hearing on the proposed	56388
increase and shall give notice of the hearing to each board of	56389
county commissioners that would be affected by the increase at	56390
least thirty days prior to the date set for the hearing. Any	56391
county commissioner may appear and give testimony at the hearing.	56392
Any increase in the millage any county is required to provide for	56393
the program for medically handicapped children shall be	56394
determined, and notice of the amount of the increase shall be	56395
provided to each affected board of county commissioners, no later	56396
than the first day of June of the fiscal year next preceding the	56397
fiscal year in which the increase will take effect.	56398

(B) Each board of county commissioners shall establish a	56399
medically handicapped children's fund and shall appropriate	56400
thereto an amount, determined in accordance with division (A)(1)	56401
of this section, for the county's share in providing medical,	56402
surgical, and other aid to medically handicapped children residing	56403
in such county and for the purposes specified in divisions (A)(2)	56404
and (3) of this section. Each county shall use money retained	56405
under divisions (A)(2) and (3) of this section only for the	56406
purposes specified in those divisions.	56407

Sec. 3701.027. The department of health shall administer	56408
funds received from the "Maternal and Child Health Block Grant,"	56409
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	56410
U.S.C.A. 701, as amended, for programs including the program for	56411
medically handicapped children, and to provide technical	56412
assistance and consultation to city and general health districts	56413
and local health planning organizations in implementing local,	56414
community-based, family-centered, coordinated systems of care for	56415
medically handicapped children. The department may make grants to	56416
persons and other entities for the provision of services with the	56417
funds. In addition, the department may use the funds to purchase	56418
liability insurance covering the provision of services under the	56419
programs by physicians and other health care professionals, and to	56420
pay health insurance premiums on behalf of medically handicapped	56421
children participating in the program for medically handicapped	56422
children when the department determines, in accordance with	56423
criteria set forth in rules adopted under division (A)(9) of	56424
section 3701.021 of the Revised Code, that payment of the premiums	56425
is cost effective.	56426

In determining eligibility for services provided with funds	56427
received from the "Maternal and Child Health Block Grant," the	56428
department may use the application form established under section	56429
~~5111.013~~5163.40 of the Revised Code. The department may require	56430
applicants to furnish their social security numbers. Funds from	56431
the "Maternal and Child Health Block Grant" that are administered	56432
for the purpose of providing family planning services shall be	56433
distributed in accordance with section 3701.033 of the Revised	56434
Code.	56435

Sec. 3701.033. (A) This section establishes the order of	56436
priority to be followed by the department of health when	56437
distributing funds for the purpose of providing family planning	56438
services, including funds the department receives through the	56439
"Maternal and Child Health Block Grant," Title V of the "Social	56440
Security Act," 95 Stat. 818 (1981), 42 U.S.C. 701, as amended, and	56441
funds the department receives through Title X of the "Public	56442
Health Service Act," 84 Stat. 1504 (1970), 42 U.S.C. 300a, as	56443
amended. This section does not apply to grants awarded by the	56444
department under section 3701.046 of the Revised Code.	56445

(B) With respect to each period during which funds from a	56446
particular source are distributed for the purpose of providing	56447
family planning services, the department is subject to both of the	56448
following when distributing the funds to applicants seeking those	56449
funds:	56450

(1) Foremost priority shall be given to public entities that	56451
are operated by state or local government entities and that	56452
provide or are able to provide family planning services.	56453

(2) If any funds remain after the department distributes	56454
funds to public entities under division (B)(1) of this section,	56455
the department may distribute funds to nonpublic entities. If	56456
funds are distributed to nonpublic entities, the department shall	56457
distribute the funds in the following order of descending	56458
priority:	56459

(a) Nonpublic entities that are federally qualified health	56460
centers or federally qualified health center look-alikes, both as	56461
defined in section 3701.047 of the Revised Code, or community	56462
action agencies, as defined in section 122.66 of the Revised Code;	56463

(b) Nonpublic entities that provide comprehensive primary and	56464
preventive care services in addition to family planning services;	56465

(c) Nonpublic entities that provide family planning services,	56466
but do not provide comprehensive primary and preventive care	56467
services.	56468

Sec. 3701.13. The department of health shall have	56469
supervision of all matters relating to the preservation of the	56470
life and health of the people and have ultimate authority in	56471
matters of quarantine and isolation, which it may declare and	56472
enforce, when neither exists, and modify, relax, or abolish, when	56473
either has been established. The department may approve methods of	56474
immunization against the diseases specified in section 3313.671 of	56475
the Revised Code for the purpose of carrying out the provisions of	56476
that section and take such actions as are necessary to encourage	56477
vaccination against those diseases.	56478

The department may make special or standing orders or rules	56479
for preventing the use of fluoroscopes for nonmedical purposes	56480
~~which~~that emit doses of radiation likely to be harmful to any	56481
person, for preventing the spread of contagious or infectious	56482
diseases, for governing the receipt and conveyance of remains of	56483
deceased persons, and for such other sanitary matters as are best	56484
controlled by a general rule. Whenever possible, the department	56485
shall work in cooperation with the health commissioner of a	56486
general or city health district. ItThe department may make and	56487
enforce orders in local matters or reassign substantive authority	56488
for mandatory programs from a general or city health district to	56489
another general or city health district when an emergency exists,	56490
or when the board of health of a general or city health district	56491
has neglected or refused to act with sufficient promptness or	56492
efficiency, or when such board has not been established as	56493
provided by sections 3709.02, 3709.03, 3709.05, 3709.06, 3709.11,	56494
3709.12, and 3709.14 of the Revised Code. In such cases, the	56495
necessary expense incurred shall be paid by the general health	56496
district or city for which the services are rendered.	56497

The department of health may require general or city health	56498
districts to enter into agreements for shared services under	56499
section 9.482 of the Revised Code.	56500

As a condition precedent to receiving funding from the	56501
department of health, the director of health may require general	56502
or city health districts to be accredited not later than July 1,	56503
2018, by an accreditation body approved by the director.	56504

The department may make evaluative studies of the nutritional	56505
status of Ohio residents, and of the food and nutrition-related	56506
programs operating within the state. Every agency of the state, at	56507
the request of the department, shall provide information and	56508
otherwise assist in the execution of such studies.	56509

Sec. 3701.132. The department of health is hereby designated	56510
as the state agency to administer the "special supplemental	56511
nutrition program for women, infants, and children" established	56512
under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.	56513
1786, as amended. The director of health may adopt rules pursuant	56514
to Chapter 119. of the Revised Code as necessary for administering	56515
the program. The rules may include civil money penalties for	56516
violations of the rules.	56517

In determining eligibility for services provided under the	56518
program, the department may use the application form established	56519
under section ~~5111.013~~5163.40 of the Revised Code for the healthy	56520
start program. The department may require applicants to furnish	56521
their social security numbers.	56522

If the department determines that a vendor has committed an	56523
act with respect to the program that federal statutes or	56524
regulations or state statutes or rules prohibit, the department	56525
shall take action against the vendor in the manner required by 7	56526
C.F.R. part 246, including imposition of a civil money penalty in	56527
accordance with 7 C.F.R. 246.12, or rules adopted under this	56528
section.	56529

Sec. 3701.243. (A) Except as provided in this section or	56530
section 3701.248 of the Revised Code, no person or agency of state	56531
or local government that acquires the information while providing	56532
any health care service or while in the employ of a health care	56533
facility or health care provider shall disclose or compel another	56534
to disclose any of the following:	56535

(1) The identity of any individual on whom an HIV test is	56536
performed;	56537

(2) The results of an HIV test in a form that identifies the	56538
individual tested;	56539

(3) The identity of any individual diagnosed as having AIDS	56540
or an AIDS-related condition.	56541

(B)(1) Except as provided in divisions (B)(2), (C), (D), and	56542
(F) of this section, the results of an HIV test or the identity of	56543
an individual on whom an HIV test is performed or who is diagnosed	56544
as having AIDS or an AIDS-related condition may be disclosed only	56545
to the following:	56546

(a) The individual who was tested or the individual's legal	56547
guardian, and the individual's spouse or any sexual partner;	56548

(b) A person to whom disclosure is authorized by a written	56549
release, executed by the individual tested or by the individual's	56550
legal guardian and specifying to whom disclosure of the test	56551
results or diagnosis is authorized and the time period during	56552
which the release is to be effective;	56553

56554

(d) The department of health or a health commissioner to	56555
which reports are made under section 3701.24 of the Revised Code;	56556

(e) A health care facility or provider that procures,	56557
processes, distributes, or uses a human body part from a deceased	56558
individual, donated for a purpose specified in Chapter 2108. of	56559
the Revised Code, and that needs medical information about the	56560
deceased individual to ensure that the body part is medically	56561
acceptable for its intended purpose;	56562

(f) Health care facility staff committees or accreditation or	56563
oversight review organizations conducting program monitoring,	56564
program evaluation, or service reviews;	56565

(g) A health care provider, emergency medical services	56566
worker, or peace officer who sustained a significant exposure to	56567
the body fluids of another individual, if that individual was	56568
tested pursuant to division (E)(6) of section 3701.242 of the	56569
Revised Code, except that the identity of the individual tested	56570
shall not be revealed;	56571

(h) To law enforcement authorities pursuant to a search	56572
warrant or a subpoena issued by or at the request of a grand jury,	56573
a prosecuting attorney, a city director of law or similar chief	56574
legal officer of a municipal corporation, or a village solicitor,	56575
in connection with a criminal investigation or prosecution.	56576

(2) The results of an HIV test or a diagnosis of AIDS or an	56577
AIDS-related condition may be disclosed to a health care provider,	56578
or an authorized agent or employee of a health care facility or a	56579
health care provider, if the provider, agent, or employee has a	56580
medical need to know the information and is participating in the	56581
diagnosis, care, or treatment of the individual on whom the test	56582
was performed or who has been diagnosed as having AIDS or an	56583
AIDS-related condition.	56584

This division does not impose a standard of disclosure	56585
different from the standard for disclosure of all other specific	56586
information about a patient to health care providers and	56587
facilities. Disclosure may not be requested or made solely for the	56588
purpose of identifying an individual who has a positive HIV test	56589
result or has been diagnosed as having AIDS or an AIDS-related	56590
condition in order to refuse to treat the individual. Referral of	56591
an individual to another health care provider or facility based on	56592
reasonable professional judgment does not constitute refusal to	56593
treat the individual.	56594

(3) Not later than ninety days after November 1, 1989, each	56595
health care facility in this state shall establish a protocol to	56596
be followed by employees and individuals affiliated with the	56597
facility in making disclosures authorized by division (B)(2) of	56598
this section. A person employed by or affiliated with a health	56599
care facility who determines in accordance with the protocol	56600
established by the facility that a disclosure is authorized by	56601
division (B)(2) of this section is immune from liability to any	56602
person in a civil action for damages for injury, death, or loss to	56603
person or property resulting from the disclosure.	56604

(C)(1) Any person or government agency may seek access to or	56605
authority to disclose the HIV test records of an individual in	56606
accordance with the following provisions:	56607

(a) The person or government agency shall bring an action in	56608
a court of common pleas requesting disclosure of or authority to	56609
disclose the results of an HIV test of a specific individual, who	56610
shall be identified in the complaint by a pseudonym but whose name	56611
shall be communicated to the court confidentially, pursuant to a	56612
court order restricting the use of the name. The court shall	56613
provide the individual with notice and an opportunity to	56614
participate in the proceedings if the individual is not named as a	56615
party. Proceedings shall be conducted in chambers unless the	56616
individual agrees to a hearing in open court.	56617

(b) The court may issue an order granting the plaintiff	56618
access to or authority to disclose the test results only if the	56619
court finds by clear and convincing evidence that the plaintiff	56620
has demonstrated a compelling need for disclosure of the	56621
information that cannot be accommodated by other means. In	56622
assessing compelling need, the court shall weigh the need for	56623
disclosure against the privacy right of the individual tested and	56624
against any disservice to the public interest that might result	56625
from the disclosure, such as discrimination against the individual	56626
or the deterrence of others from being tested.	56627

(c) If the court issues an order, it shall guard against	56628
unauthorized disclosure by specifying the persons who may have	56629
access to the information, the purposes for which the information	56630
shall be used, and prohibitions against future disclosure.	56631

(2) A person or government agency that considers it necessary	56632
to disclose the results of an HIV test of a specific individual in	56633
an action in which it is a party may seek authority for the	56634
disclosure by filing an in camera motion with the court in which	56635
the action is being heard. In hearing the motion, the court shall	56636
employ procedures for confidentiality similar to those specified	56637
in division (C)(1) of this section. The court shall grant the	56638
motion only if it finds by clear and convincing evidence that a	56639
compelling need for the disclosure has been demonstrated.	56640

(3) Except for an order issued in a criminal prosecution or	56641
an order under division (C)(1) or (2) of this section granting	56642
disclosure of the result of an HIV test of a specific individual,	56643
a court shall not compel a blood bank, hospital blood center, or	56644
blood collection facility to disclose the result of HIV tests	56645
performed on the blood of voluntary donors in a way that reveals	56646
the identity of any donor.	56647

(4) In a civil action in which the plaintiff seeks to recover	56648
damages from an individual defendant based on an allegation that	56649
the plaintiff contracted the HIV virus as a result of actions of	56650
the defendant, the prohibitions against disclosure in this section	56651
do not bar discovery of the results of any HIV test given to the	56652
defendant or any diagnosis that the defendant suffers from AIDS or	56653
an AIDS-related condition.	56654

(D) The results of an HIV test or the identity of an	56655
individual on whom an HIV test is performed or who is diagnosed as	56656
having AIDS or an AIDS-related condition may be disclosed to a	56657
federal, state, or local government agency, or the official	56658
representative of such an agency, for purposes of the ~~medical~~	56659
~~assistance~~medicaid program ~~established under section 5111.01 of~~	56660
~~the Revised Code~~, the medicare program ~~established under Title~~	56661
~~XVIII of the "Social Security Act," 49 Stat. 620 (1935) 42~~	56662
~~U.S.C.A. 301, as amended~~, or any other public assistance program.	56663

(E) Any disclosure pursuant to this section shall be in	56664
writing and accompanied by a written statement that includes the	56665
following or substantially similar language: "This information has	56666
been disclosed to you from confidential records protected from	56667
disclosure by state law. You shall make no further disclosure of	56668
this information without the specific, written, and informed	56669
release of the individual to whom it pertains, or as otherwise	56670
permitted by state law. A general authorization for the release of	56671
medical or other information is not sufficient for the purpose of	56672
the release of HIV test results or diagnoses."	56673

(F) An individual who knows that the individual has received	56674
a positive result on an HIV test or has been diagnosed as having	56675
AIDS or an AIDS-related condition shall disclose this information	56676
to any other person with whom the individual intends to make	56677
common use of a hypodermic needle or engage in sexual conduct as	56678
defined in section 2907.01 of the Revised Code. An individual's	56679
compliance with this division does not prohibit a prosecution of	56680
the individual for a violation of division (B) of section 2903.11	56681
of the Revised Code.	56682

(G) Nothing in this section prohibits the introduction of	56683
evidence concerning an HIV test of a specific individual in a	56684
criminal proceeding.	56685

Sec. 3701.261. (A) As used in this section, "state	56686
university" has the same meaning as in section 3345.011 of the	56687
Revised Code.	56688

(B) The director of health shall:

56689

(1) Establish a population-based cancer registry, which shall	56690
be known as the Ohio cancer incidence surveillance system, to	56691
monitor the incidence of various types of malignant diseases in	56692
Ohio, make appropriate epidemiologic studies to determine any	56693
causal relations of such diseases with occupational, nutritional,	56694
environmental, or infectious conditions, and alleviate or	56695
eliminate any such conditions;	56696

(2) Advise, consult, cooperate with, and assist, by contract	56697
or otherwise, agencies of the state and federal government,	56698
agencies of the governments of other states, agencies of political	56699
subdivisions of this state, universities, private organizations,	56700
corporations, and associations for the purposes of division	56701
~~(A)~~(B)(1) of this section;	56702

(3) Accept and administer grants from the federal government	56703
or other sources, public or private, for carrying out any of the	56704
functions enumerated in divisions ~~(A)~~(B)(1) and (2) of this	56705
section.	56706

~~(B)~~(C) The Ohio cancer incidence surveillance system shall	56707
follow a model of cancer data collection as set forth by the	56708
survey epidemiology and end results system (SEERS).	56709

(D) The department may, by contract, designate a state	56710
university as an agent to implement some or all of this section	56711
and section 3701.262 of the Revised Code and the rules adopted	56712
under those sections.	56713

Sec. 3701.262. (A) As used in this section ~~and section~~	56714
~~3701.263 of the Revised Code~~:	56715

(1) "Physician" means a person who holds a valid certificate	56716
issued under Chapter 4731. of the Revised Code authorizing the	56717
person to practice medicine orand surgery or osteopathic medicine	56718
and surgery.	56719

(2) "Dentist" means a person who is licensed under Chapter	56720
4715. of the Revised Code to practice dentistry.	56721

(3) "Hospital" has the same meaning as in section 3727.01 of	56722
the Revised Code.	56723

(4) "Cancer" includes those diseases specified by rule of the	56724
director of health under division (B)(2) of this section.	56725

(B) The director of health shall adopt rules in accordance	56726
with Chapter 119. of the Revised Code to do all of the following:	56727

(1) Establish the Ohio cancer incidence surveillance system	56728
required by section 3701.261 of the Revised Code;	56729

(2) Specify the types of cancer and other tumorous and	56730
precancerous diseases to be reported to the department of health	56731
under division (D) of this section;	56732

(3) Establish reporting requirements for information	56733
concerning diagnosed cancer cases as the director considers	56734
necessary to conduct epidemiologic surveys of cancer in this	56735
state;	56736

(4) Establish standards that must be met by research projects	56737
to be eligible to receive information concerning individual cancer	56738
patients from the department of health ~~under division (B) of~~	56739
~~section 3701.263 of the Revised Code~~.	56740

(C) The department of health shall record in the registry all	56741
reports of cancer received by it. In the development and	56742
administration of the cancer registry the department may use	56743
information compiled by public or private cancer registries and	56744
may contract for the collection and analysis of, and research	56745
related to, the information recorded under this section.	56746

(D)(1) Each physician, dentist, hospital, or person providing	56747
diagnostic or treatment services to patients with cancer shall	56748
report each case of cancer to the department. Any person required	56749
to report pursuant to this section may elect to report to the	56750
department through an existing cancer registry if the registry	56751
meets the reporting standards established by the director and	56752
reports to the department.	56753

(2) No person shall fail to make the cancer reports required	56754
by division (D)(1) of this section.	56755

(E) All physicians, dentists, hospitals, or persons providing	56756
diagnostic or treatment services to patients with cancer shall	56757
grant to the department or its authorized representative access to	56758
all records that identify cases of cancer or establish	56759
characteristics of cancer, the treatment of cancer, or the medical	56760
status of any identified cancer patient.	56761

(F) The Arthur G. James cancer hospital and Richard J. Solove	56762
research institute of the Ohio state university, shall analyze and	56763
evaluate the cancer reports collected pursuant to this section.	56764
The department shall publish and make available to the public	56765
reports summarizing the information collected. Reports shall be	56766
made on a calendar year basis and published not later than ninety	56767
days after the end of each calendar year.	56768

(G) Furnishing information, including records, reports,	56769
statements, notes, memoranda, or other information, to the	56770
department of health, either voluntarily or as required by this	56771
section, or to a person or governmental entity designated as a	56772
medical research project by the department, does not subject a	56773
physician, dentist, hospital, or person providing diagnostic or	56774
treatment services to patients with cancer to liability in an	56775
action for damages or other relief for furnishing the information.	56776

(H) This section does not affect the authority of any person	56777
or facility providing diagnostic or treatment services to patients	56778
with cancer to maintain facility-based tumor registries, in	56779
addition to complying with the reporting requirements of this	56780
section.	56781

~~(I) No person shall fail to make the cancer reports required~~	56782
~~by division (D) of this section.~~	56783

Sec. 3701.264. There is hereby created the Ohio cancer	56784
incidence surveillance system advisory board. The board shall	56785
consist of the director of health, who shall serve as chair of the	56786
board, and one representative, appointed by the governor, from	56787
each medical school accredited by the liaison committee on medical	56788
education and each osteopathic medical school accredited by the	56789
American osteopathic association in Ohio. In addition, the	56790
director of health shall appoint up to three additional members of	56791
the board. Vacancies on the board shall be filled in the same	56792
manner as the initial appointments. Members shall serve without	56793
compensation.	56794

The board shall provide oversight of the collection and	56795
analysis of data by the Ohio cancer incidence surveillance system	56796
to the director of health and the Arthur G. James cancer hospital	56797
and Richard J. Solove research institute of the Ohio state	56798
university and advise in the implementation of sections 3701.261	56799
~~to 3701.263~~and 3701.262 of the Revised Code. The board shall meet	56800
and conduct its business as directed by the chair.	56801

~~The board shall report to the finance committees of both~~	56802
~~houses of the general assembly, not later than March 1, 2001, on~~	56803
~~the progress made in implementing sections 3701.261 to 3701.263 of~~	56804
~~the Revised Code.~~	56805

The board is not subject to sections 101.82 to 101.87 of the	56806
Revised Code.	56807

Sec. 3701.342. ~~After consultation with the public health~~	56808
~~standards task force established under section 3701.343 of the~~	56809
~~Revised Code, the~~The director of health shall adopt rules	56810
establishing minimum standards and optimum achievable standards	56811
for boards of health and local health departments. The minimum	56812
standards shall assure that boards of health and local health	56813
departments provide for:	56814

(A) Analysis and prevention of communicable disease;

56815

(B) Analysis of the causes of, and appropriate treatment for,	56816
the leading causes of morbidity and mortality;	56817

(C) The administration and management of the local health	56818
department;	56819

(D) Access to primary health care by medically underserved	56820
individuals;	56821

(E) Environmental health management programs;

56822

(F) Health promotion services designed to encourage	56823
individual and community wellness;	56824

(G) Annual completion of two continuing education units by	56825
each member of a board of health.	56826

The director shall adopt rules establishing a formula for	56827
distribution of state health district subsidy funds to boards of	56828
health and local health departments. The formula shall provide no	56829
subsidy funds to a board or department unless it meets minimum	56830
standards and shall provide higher funding levels for boards and	56831
districts that meet optimum achievable standards.	56832

Notwithstanding section 119.03 of the Revised Code, rules	56833
adopted under this section shall not take effect unless approved	56834
by concurrent resolution of the general assembly.	56835

Sec. 3701.344. As used in this section and sections	56836
3701.345, 3701.346, and 3701.347 of the Revised Code:	56837

(A) "Private water system" means any water system for the	56838
provision of water for human consumption, if such system has fewer	56839
than fifteen service connections and does not regularly serve an	56840
average of at least twenty-five individuals daily at least sixty	56841
days out of the year. A private water system includes any well,	56842
spring, cistern, pond, or hauled water and any equipment for the	56843
collection, transportation, filtration, disinfection, treatment,	56844
or storage of such water extending from and including the source	56845
of the water to the point of discharge from any pressure tank or	56846
other storage vessel; to the point of discharge from the water	56847
pump where no pressure tank or other storage vessel is present;	56848
or, in the case of multiple service connections serving more than	56849
one dwelling, to the point of discharge from each service	56850
connection. "Private water system" does not include the water	56851
service line extending from the point of discharge to a structure.	56852

(B) Notwithstanding section 3701.347 of the Revised Code and	56853
subject to division (C) of this section, rules adopted by the	56854
director of health regarding private water systems shall provide	56855
for the following:	56856

(1) Except as otherwise provided in this division, boards of	56857
health of city or general health districts shall be given the	56858
exclusive power to establish fees in accordance with section	56859
3709.09 of the Revised Code for administering and enforcing such	56860
rules. Such fees shall establish a different rate for	56861
administering and enforcing the rules relative to private water	56862
systems serving single-family dwelling houses and nonsingle-family	56863
dwelling houses. Except for an amount established by the director,	56864
pursuant to division (B)(5) of this section, for each new private	56865
water system installation, no portion of any fee for administering	56866
and enforcing such rules shall be returned to the department of	56867
health. If the director of health determines that a board of	56868
health of a city or general health district is unable to	56869
administer and enforce a private water system program in the	56870
district, the director shall administer and enforce such a program	56871
in the district and establish fees for such administration and	56872
enforcement.	56873

(2) Boards of health of city or general health districts	56874
shall be given the exclusive power to determine the number of	56875
inspections necessary for determining the safe drinking	56876
characteristics of a private water system.	56877

(3) Private water systems contractors, as a condition of	56878
doing business in this state, shall annually register with, and	56879
comply with surety bonding requirements of, the department of	56880
health. No such contractor shall be permitted to register if the	56881
contractor fails to comply with all applicable rules adopted by	56882
the director and the board of health of the city or general health	56883
district. The annual registration fee for private water systems	56884
contractors shall be sixty-five dollars. The director, by rule	56885
adopted in accordance with Chapter 119. of the Revised Code, may	56886
increase the annual registration fee.	56887

(4) Subject to rules adopted by the director, boards of	56888
health of city or general health districts shall have the option	56889
of determining whether bacteriological examinations shall be	56890
performed at approved laboratories of the state or at approved	56891
private laboratories.	56892

(5) The director may establish fees for each new private	56893
water system installation, which shall be collected by the	56894
appropriate board of health and transmitted to the director	56895
pursuant to section 3709.092 of the Revised Code.	56896

(6) All fees received by the director of health under	56897
divisions (B)(1), (3), and (5) of this section shall be deposited	56898
in the state treasury to the credit of the general operations fund	56899
created in section 3701.83 of the Revised Code for use in the	56900
administration and enforcement of sections 3701.344 to 3701.347 of	56901
the Revised Code and the rules pertaining to private water systems	56902
adopted under those sections.	56903

(C) To the extent that rules adopted under division (B) of	56904
this section require health districts to follow specific	56905
procedures or use prescribed forms, no such procedure or form	56906
shall be implemented until it is approved by majority vote of an	56907
approval board of health commissioners, hereby created. Members of	56908
the board shall be the officers of the association of Ohio health	56909
commissioners, or any successor organization, and membership on	56910
the board shall be coterminous with holding an office of the	56911
association. No health district is required to follow a procedure	56912
or use a form required by a rule adopted under division (B) of	56913
this section without the approval of the board.	56914

(D) A board of health shall collect well log filing fees on	56915
behalf of the division of soil and water resources in the	56916
department of natural resources in accordance with section 1521.05	56917
of the Revised Code and rules adopted under it. The fees shall be	56918
submitted to the division quarterly as provided in those rules.	56919

(E) A water system that does not provide water for human	56920
consumption shall not be required to obtain a permit or license	56921
issued under, pay any fees assessed or levied under, or comply	56922
with any rule adopted under sections 3701.34 to 3701.347 of the	56923
Revised Code.	56924

Sec. 3701.507. (A) To assist in implementing sections	56925
3701.503 to 3701.509 of the Revised Code, the medically	56926
handicapped children's medical advisory council created in section	56927
3701.025 of the Revised Code shall appoint a permanent infant	56928
hearing screening subcommittee. The subcommittee shall consist of	56929
the following members:	56930

(1) One otolaryngologist;

56931

(2) One neonatologist;

56932

(3) One pediatrician;

56933

(4) One neurologist;

56934

(5) One hospital administrator;

56935

(6) Two or more audiologists who are experienced in infant	56936
hearing screening and evaluation;	56937

(7) One speech-language pathologist licensed under section	56938
4753.07 of the Revised Code;	56939

(8) Two persons who are each a parent of a hearing-impaired	56940
child;	56941

(9) One geneticist;

56942

(10) One epidemiologist;

56943

(11) One adult who is deaf or hearing impaired;

56944

(12) One representative from an organization for the deaf or	56945
hearing impaired;	56946

(13) One family advocate;

56947

(14) One nurse from a well-baby neonatal nursery;

56948

(15) One nurse from a special care neonatal nursery;

56949

(16) One teacher of the deaf who works with infants and	56950
toddlers;	56951

(17) One representative of the health insurance industry;

56952

(18) One representative of the bureau for children with	56953
medical handicaps;	56954

(19) One representative of the department of education;

56955

(20) One representative of the ~~Ohio~~ department of ~~job and~~	56956
~~family services who has responsibilities regarding~~ medicaid;	56957

(21) Any other person the advisory council appoints.

56958

(B) The infant hearing subcommittee shall:

56959

(1) Consult with the director of health regarding the	56960
administration of sections 3701.503 to 3701.509 of the Revised	56961
Code;	56962

(2) Advise and make recommendations regarding proposed rules	56963
prior to their adoption by the director under section 3701.508 of	56964
the Revised Code;	56965

(3) Consult with the director of health and advise and make	56966
recommendations regarding program development and implementation	56967
under sections 3701.503 to 3701.509 of the Revised Code, including	56968
all of the following:	56969

(a) Establishment under section 3701.504 of the Revised Code	56970
of the statewide hearing screening, tracking, and early	56971
intervention program to identify newborn and infant hearing	56972
impairment;	56973

(b) Identification of locations where hearing evaluations may	56974
be conducted;	56975

(c) Recommendations for methods and techniques of hearing	56976
screening and hearing evaluation;	56977

(d) Referral, data recording and compilation, and procedures	56978
to encourage follow-up hearing care;	56979

(e) Maintenance of a register of newborns and infants who do	56980
not pass the hearing screening;	56981

(f) Preparation of the information required by section	56982
3701.506 of the Revised Code.	56983

Sec. 3701.5010. (A) As used in this section:

56984

(1) "Critical congenital heart defects screening" means the	56985
identification of a newborn that may have a critical congenital	56986
heart defect, through the use of a physiologic test;	56987

(2) "Freestanding birthing center" has the same meaning as in	56988
section 3702.141 of the Revised Code;	56989

(3) "Hospital," "maternity unit," "newborn," and "physician"	56990
have the same meanings as in section 3701.503 of the Revised Code.	56991

(B) Except as provided in division (C) of this section, each	56992
hospital and each freestanding birthing center shall conduct a	56993
critical congenital heart defects screening on each newborn born	56994
in the hospital or center, unless the newborn is being transferred	56995
to another hospital. The screening shall be performed after the	56996
newborn reaches twenty-four hours of age but before discharge. If	56997
the newborn is transferred to another hospital, that hospital	56998
shall conduct the screening when determined to be medically	56999
appropriate.	57000

The hospital or center shall promptly notify the newborn's	57001
parent, guardian, or custodian and attending physician of the	57002
screening results. The hospital or center shall notify the	57003
department of health of the screening results for each newborn	57004
screened.	57005

(C) A hospital or freestanding birthing center shall not	57006
conduct a critical congenital heart defects screening if the	57007
newborn's parent objects on the grounds that the screening	57008
conflicts with the parent's religious tenets and practices.	57009

(D) The director of health shall establish and maintain a	57010
statewide tracking and monitoring system to ensure that universal	57011
critical congenital heart defects screening is implemented.	57012

(E) The director shall adopt rules in accordance with Chapter	57013
119. of the Revised Code establishing standards and procedures for	57014
the screening required by this section, including all of the	57015
following:	57016

(1) Identifying the critical congenital heart defects to be	57017
included in the screening;	57018

(2) Specifying equipment to be used for and methods of	57019
screening for critical congenital heart defects;	57020

(3) Designating the person or persons who will be responsible	57021
for causing screenings and rescreenings to be performed;	57022

(4) Providing notice to the newborn's parent, guardian, or	57023
custodian of the required initial screening and the possibility	57024
that rescreenings may be necessary;	57025

(5) Communicating to the newborn's parent, guardian, or	57026
custodian and attending physician the results of the screening and	57027
any rescreenings;	57028

(6) Causing rescreenings to be performed when initial	57029
screenings have abnormal results;	57030

(7) Referring newborns who receive abnormal screening or	57031
rescreening results to providers of follow-up services.	57032

Sec. 3701.541. As used in this section, "board of health"	57033
means the board of health of a city or general health district or	57034
the authority having the duties of a board of health under section	57035
3709.05 of the Revised Code.	57036

Any state funds or funds from the federal government	57037
distributed by the department of health to a board of health or a	57038
city or general health district shall be distributed directly to	57039
the board or district. The department shall not distribute any	57040
such funds on a regional basis.	57041

Sec. 3701.74. (A) As used in this section and section	57042
3701.741 of the Revised Code:	57043

(1) "Ambulatory care facility" means a facility that provides	57044
medical, diagnostic, or surgical treatment to patients who do not	57045
require hospitalization, including a dialysis center, ambulatory	57046
surgical facility, cardiac catheterization facility, diagnostic	57047
imaging center, extracorporeal shock wave lithotripsy center, home	57048
health agency, inpatient hospice, birthing center, radiation	57049
therapy center, emergency facility, and an urgent care center.	57050
"Ambulatory care facility" does not include the private office of	57051
a physician or dentist, whether the office is for an individual or	57052
group practice.	57053

(2) "Chiropractor" means an individual licensed under Chapter	57054
4734. of the Revised Code to practice chiropractic.	57055

(3) "Emergency facility" means a hospital emergency	57056
department or any other facility that provides emergency medical	57057
services.	57058

(4) "Health care practitioner" means all of the following:

57059

(a) A dentist or dental hygienist licensed under Chapter	57060
4715. of the Revised Code;	57061

(b) A registered or licensed practical nurse licensed under	57062
Chapter 4723. of the Revised Code;	57063

(c) An optometrist licensed under Chapter 4725. of the	57064
Revised Code;	57065

(d) A dispensing optician, spectacle dispensing optician,	57066
contact lens dispensing optician, or spectacle-contact lens	57067
dispensing optician licensed under Chapter 4725. of the Revised	57068
Code;	57069

(e) A pharmacist licensed under Chapter 4729. of the Revised	57070
Code;	57071

(f) A physician;

57072

(g) A physician assistant authorized under Chapter 4730. of	57073
the Revised Code to practice as a physician assistant;	57074

(h) A practitioner of a limited branch of medicine issued a	57075
certificate under Chapter 4731. of the Revised Code;	57076

(i) A psychologist licensed under Chapter 4732. of the	57077
Revised Code;	57078

(j) A chiropractor;

57079

(k) A hearing aid dealer or fitter licensed under Chapter	57080
4747. of the Revised Code;	57081

(l) A speech-language pathologist or audiologist licensed	57082
under Chapter 4753. of the Revised Code;	57083

(m) An occupational therapist or occupational therapy	57084
assistant licensed under Chapter 4755. of the Revised Code;	57085

(n) A physical therapist or physical therapy assistant	57086
licensed under Chapter 4755. of the Revised Code;	57087

(o) A professional clinical counselor, professional	57088
counselor, social worker, or independent social worker licensed,	57089
or a social work assistant registered, under Chapter 4757. of the	57090
Revised Code;	57091

(p) A dietitian licensed under Chapter 4759. of the Revised	57092
Code;	57093

(q) A respiratory care professional licensed under Chapter	57094
4761. of the Revised Code;	57095

(r) An emergency medical technician-basic, emergency medical	57096
technician-intermediate, or emergency medical technician-paramedic	57097
certified under Chapter 4765. of the Revised Code.	57098

(5) "Health care provider" means a hospital, ambulatory care	57099
facility, long-term care facility, pharmacy, emergency facility,	57100
or health care practitioner.	57101

(6) "Hospital" has the same meaning as in section 3727.01 of	57102
the Revised Code.	57103

(7) "Long-term care facility" means a nursing home,	57104
residential care facility, or home for the aging, as those terms	57105
are defined in section 3721.01 of the Revised Code; a residential	57106
facility licensed under section ~~5119.22~~5119.34 of the Revised	57107
Code that provides accommodations, supervision, and personal care	57108
services for three to sixteen unrelated adults; a nursing facility	57109
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	57110
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	57111
~~a facility or portion of a facility certified as~~ a skilled nursing	57112
facility ~~under Title XVIII of the "Social Security Act," 49 Stat.~~	57113
~~286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in section	57114
5165.01 of the Revised Code; and an intermediate care facility for	57115
the mentally retarded, as defined in section 5124.01 of the	57116
Revised Code.	57117

(8) "Medical record" means data in any form that pertains to	57118
a patient's medical history, diagnosis, prognosis, or medical	57119
condition and that is generated and maintained by a health care	57120
provider in the process of the patient's health care treatment.	57121

(9) "Medical records company" means a person who stores,	57122
locates, or copies medical records for a health care provider, or	57123
is compensated for doing so by a health care provider, and charges	57124
a fee for providing medical records to a patient or patient's	57125
representative.	57126

(10) "Patient" means either of the following:

57127

(a) An individual who received health care treatment from a	57128
health care provider;	57129

(b) A guardian, as defined in section 1337.11 of the Revised	57130
Code, of an individual described in division (A)(10)(a) of this	57131
section.	57132

(11) "Patient's personal representative" means a minor	57133
patient's parent or other person acting in loco parentis, a	57134
court-appointed guardian, or a person with durable power of	57135
attorney for health care for a patient, the executor or	57136
administrator of the patient's estate, or the person responsible	57137
for the patient's estate if it is not to be probated. "Patient's	57138
personal representative" does not include an insurer authorized	57139
under Title XXXIX of the Revised Code to do the business of	57140
sickness and accident insurance in this state, a health insuring	57141
corporation holding a certificate of authority under Chapter 1751.	57142
of the Revised Code, or any other person not named in this	57143
division.	57144

(12) "Pharmacy" has the same meaning as in section 4729.01 of	57145
the Revised Code.	57146

(13) "Physician" means a person authorized under Chapter	57147
4731. of the Revised Code to practice medicine and surgery,	57148
osteopathic medicine and surgery, or podiatric medicine and	57149
surgery.	57150

(14) "Authorized person" means a person to whom a patient has	57151
given written authorization to act on the patient's behalf	57152
regarding the patient's medical record.	57153

(B) A patient, a patient's personal representative or an	57154
authorized person who wishes to examine or obtain a copy of part	57155
or all of a medical record shall submit to the health care	57156
provider a written request signed by the patient, personal	57157
representative, or authorized person dated not more than one year	57158
before the date on which it is submitted. The request shall	57159
indicate whether the copy is to be sent to the requestor,	57160
physician or chiropractor, or held for the requestor at the office	57161
of the health care provider. Within a reasonable time after	57162
receiving a request that meets the requirements of this division	57163
and includes sufficient information to identify the record	57164
requested, a health care provider that has the patient's medical	57165
records shall permit the patient to examine the record during	57166
regular business hours without charge or, on request, shall	57167
provide a copy of the record in accordance with section 3701.741	57168
of the Revised Code, except that if a physician or chiropractor	57169
who has treated the patient determines for clearly stated	57170
treatment reasons that disclosure of the requested record is	57171
likely to have an adverse effect on the patient, the health care	57172
provider shall provide the record to a physician or chiropractor	57173
designated by the patient. The health care provider shall take	57174
reasonable steps to establish the identity of the person making	57175
the request to examine or obtain a copy of the patient's record.	57176

(C) If a health care provider fails to furnish a medical	57177
record as required by division (B) of this section, the patient,	57178
personal representative, or authorized person who requested the	57179
record may bring a civil action to enforce the patient's right of	57180
access to the record.	57181

(D)(1) This section does not apply to medical records whose	57182
release is covered by section 173.20 or 3721.13 of the Revised	57183
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	57184
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	57185
Records," or by 42 C.F.R. 483.10.	57186

(2) Nothing in this section is intended to supersede the	57187
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	57188
and 2305.252 of the Revised Code.	57189

Sec. 3701.741. (A) Each health care provider and medical	57190
records company shall provide copies of medical records in	57191
accordance with this section.	57192

(B) Except as provided in divisions (C) and (E) of this	57193
section, a health care provider or medical records company that	57194
receives a request for a copy of a patient's medical record shall	57195
charge not more than the amounts set forth in this section.	57196

(1) If the request is made by the patient or the patient's	57197
personal representative, total costs for copies and all services	57198
related to those copies shall not exceed the sum of the following:	57199

(a) Except as provided in division (B)(1)(b) of this section,	57200
with respect to data recorded on paper or electronically, the	57201
following amounts adjusted in accordance with section 3701.742 of	57202
the Revised Code:	57203

(i) Two dollars and seventy-four cents per page for the first	57204
ten pages;	57205

(ii) Fifty-seven cents per page for pages eleven through	57206
fifty;	57207

(iii) Twenty-three cents per page for pages fifty-one and	57208
higher;	57209

(b) With respect to data resulting from an x-ray, magnetic	57210
resonance imaging (MRI), or computed axial tomography (CAT) scan	57211
and recorded on paper or film, one dollar and eighty-seven cents	57212
per page;	57213

(c) The actual cost of any related postage incurred by the	57214
health care provider or medical records company.	57215

(2) If the request is made other than by the patient or the	57216
patient's personal representative, total costs for copies and all	57217
services related to those copies shall not exceed the sum of the	57218
following:	57219

(a) An initial fee of sixteen dollars and eighty-four cents	57220
adjusted in accordance with section 3701.742 of the Revised Code,	57221
which shall compensate for the records search;	57222

(b) Except as provided in division (B)(2)(c) of this section,	57223
with respect to data recorded on paper or electronically, the	57224
following amounts adjusted in accordance with section 3701.742 of	57225
the Revised Code:	57226

(i) One dollar and eleven cents per page for the first ten	57227
pages;	57228

(ii) Fifty-seven cents per page for pages eleven through	57229
fifty;	57230

(iii) Twenty-three cents per page for pages fifty-one and	57231
higher.	57232

(c) With respect to data resulting from an x-ray, magnetic	57233
resonance imaging (MRI), or computed axial tomography (CAT) scan	57234
and recorded on paper or film, one dollar and eighty-seven cents	57235
per page;	57236

(d) The actual cost of any related postage incurred by the	57237
health care provider or medical records company.	57238

(C)(1) On request, a health care provider or medical records	57239
company shall provide one copy of the patient's medical record and	57240
one copy of any records regarding treatment performed subsequent	57241
to the original request, not including copies of records already	57242
provided, without charge to the following:	57243

(a) The bureau of workers' compensation, in accordance with	57244
Chapters 4121. and 4123. of the Revised Code and the rules adopted	57245
under those chapters;	57246

(b) The industrial commission, in accordance with Chapters	57247
4121. and 4123. of the Revised Code and the rules adopted under	57248
those chapters;	57249

(c) The department of ~~job and family services~~medicaid or a	57250
county department of job and family services, in accordance with	57251
Chapters ~~5101.~~5160., 5161., 5162., 5163., 5164., 5165., 5166.,	57252
and ~~5111.~~5167. of the Revised Code and the rules adopted under	57253
those chapters;	57254

(d) The attorney general, in accordance with sections 2743.51	57255
to 2743.72 of the Revised Code and any rules that may be adopted	57256
under those sections;	57257

(e) A patient, patient's personal representative, or	57258
authorized person if the medical record is necessary to support a	57259
claim under Title II or Title XVI of the "Social Security Act," 49	57260
Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the	57261
request is accompanied by documentation that a claim has been	57262
filed.	57263

(2) Nothing in division (C)(1) of this section requires a	57264
health care provider or medical records company to provide a copy	57265
without charge to any person or entity not listed in division	57266
(C)(1) of this section.	57267

(D) Division (C) of this section shall not be construed to	57268
supersede any rule of the bureau of workers' compensation, the	57269
industrial commission, or the department of ~~job and family~~	57270
~~services~~medicaid.	57271

(E) A health care provider or medical records company may	57272
enter into a contract with either of the following for the copying	57273
of medical records at a fee other than as provided in division (B)	57274
of this section:	57275

(1) A patient, a patient's personal representative, or an	57276
authorized person;	57277

(2) An insurer authorized under Title XXXIX of the Revised	57278
Code to do the business of sickness and accident insurance in this	57279
state or health insuring corporations holding a certificate of	57280
authority under Chapter 1751. of the Revised Code.	57281

(F) This section does not apply to medical records the	57282
copying of which is covered by section 173.20 of the Revised Code	57283
or by 42 C.F.R. 483.10.	57284

Sec. 3701.742. ~~Not later than January 31, 2006, the~~The	57285
amounts specified in division (B) of section 3701.741 of the	57286
Revised Code ~~and, not later than the first day of January of each~~	57287
~~year thereafter,~~shall be adjusted annually in accordance with	57288
this section. These amounts plus any amounts previously computed	57289
by annual adjustments made under this section, shall be increased	57290
or decreased by the average percentage of increase or decrease in	57291
the consumer price index for all urban consumers (United States	57292
city average, all items), prepared by the United States department	57293
of labor, bureau of labor statistics, for the	57294
~~twelve-calendar-month period prior to the~~ immediately preceding	57295
~~first day of January~~calendar year over the calendar year	57296
immediately preceding ~~twelve-calendar-month period~~that year, as	57297
reported by the bureau. The director of health shall make this	57298
determination and adjust the amounts accordingly. The director	57299
shall ~~provide a list of the adjusted amounts to any party upon~~	57300
~~request and the department of health shall~~ make ~~the~~a list of the	57301
adjusted amounts available to the public on ~~its~~the internet web	57302
site maintained by the department of health.	57303

Sec. 3701.78. (A) There is hereby created the commission on	57304
minority health, consisting of twenty-one members. The governor	57305
shall appoint to the commission nine members from among health	57306
researchers, health planners, and health professionals. The	57307
governor also shall appoint two members who are representatives of	57308
the lupus awareness and education program. The speaker of the	57309
house of representatives shall appoint to the commission two	57310
members of the house of representatives, not more than one of whom	57311
is a member of the same political party, and the president of the	57312
senate shall appoint to the commission two members of the senate,	57313
not more than one of whom is a member of the same political party.	57314
The following shall be members of the commission: the directors of	57315
health, ~~mental health~~mental health and addiction services,	57316
developmental disabilities, ~~alcohol and drug addiction services,~~	57317
and job and family services, or their designees,; the medicaid	57318
director, or the director's designee; and the superintendent of	57319
public instruction, or the superintendent's designee~~, shall be~~	57320
~~members of the commission~~. ~~The~~	57321

The commission shall elect a chairperson from among its	57322
members. Of	57323

Of the members appointed by the governor, five shall be	57324
appointed to initial terms of one year, and four shall be	57325
appointed to initial terms of two years. Thereafter, all members	57326
appointed by the governor shall be appointed to terms of two	57327
years. All members of the commission appointed by the speaker of	57328
the house of representatives or the president of the senate shall	57329
be nonvoting members of the commission and be appointed within	57330
thirty days after the commencement of the first regular session of	57331
each general assembly, and shall serve until the expiration of the	57332
session of the general assembly during which they were appointed.	57333
~~Members~~	57334

Members of the commission shall serve without compensation,	57335
but shall be reimbursed for the actual and necessary expenses they	57336
incur in the performance of their official duties.	57337

(B) The commission shall promote health and the prevention of	57338
disease among members of minority groups. Each year the commission	57339
shall distribute grants from available funds to community-based	57340
health groups to be used to promote health and the prevention of	57341
disease among members of minority groups. As used in this	57342
division, "minority group" means any of the following economically	57343
disadvantaged groups: Blacks, American Indians, Hispanics, and	57344
Orientals. The commission shall adopt and maintain rules pursuant	57345
to Chapter 119. of the Revised Code to provide for the	57346
distribution of these grants. No group shall qualify to receive a	57347
grant from the commission unless it receives at least twenty per	57348
cent of its funds from sources other than grants distributed under	57349
this section.	57350

(C) The commission may appoint such employees as it considers	57351
necessary to carry out its duties under this section. The	57352
department of health shall provide office space for the	57353
commission.	57354

(D) The commission shall meet at the call of its chairperson	57355
to conduct its official business. A majority of the voting members	57356
of the commission constitute a quorum. The votes of at least eight	57357
voting members of the commission are necessary for the commission	57358
to take any official action or to approve the distribution of	57359
grants under this section.	57360

Sec. 3701.83. (A) There is hereby created in the state	57361
treasury the general operations fund. Moneys in the fund shall be	57362
used for the purposes specified in sections 3701.04, 3701.344,	57363
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	57364
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	57365
3749.04, 3749.07, 4747.04, ~~4751.04,~~ and 4769.09 of the Revised	57366
Code.	57367

(B) The alcohol testing program fund is hereby created in the	57368
state treasury. The director of health shall use the fund to	57369
administer and enforce the alcohol testing and permit program	57370
authorized by section 3701.143 of the Revised Code.	57371

The fund shall receive transfers from the liquor control fund	57372
created under section 4301.12 of the Revised Code. All investment	57373
earnings of the alcohol testing program fund shall be credited to	57374
the fund.	57375

Sec. 3701.881. (A) As used in this section:

57376

(1) "Applicant" means a person who is under final	57377
consideration for employment with a home health agency in a	57378
full-time, part-time, or temporary position that involves	57379
providing direct care to an individual or is referred to a home	57380
health agency by an employment service for such a position.	57381

(2) "Community-based long-term care ~~agency~~provider" ~~has the~~	57382
~~same meaning~~means a provider as defined in section 173.39 of the	57383
Revised Code.	57384

(3) "Community-based long-term care subcontractor" means a	57385
subcontractor as defined in section 173.38 of the Revised Code.	57386

(4) "Criminal records check" has the same meaning as in	57387
section 109.572 of the Revised Code.	57388

~~(4)~~(5) "Direct care" means any of the following:

57389

(a) Any service identified in divisions (A)~~(7)~~(8)(a) to (f)	57390
of this section that is provided in a patient's place of residence	57391
used as the patient's home;	57392

(b) Any activity that requires the person performing the	57393
activity to be routinely alone with a patient or to routinely have	57394
access to a patient's personal property or financial documents	57395
regarding a patient;	57396

(c) For each home health agency individually, any other	57397
routine service or activity that the chief administrator of the	57398
home health agency designates as direct care.	57399

~~(5)~~(6) "Disqualifying offense" means any of the offenses	57400
listed or described in divisions (A)(3)(a) to (e) of section	57401
109.572 of the Revised Code.	57402

~~(6)~~(7) "Employee" means a person employed by a home health	57403
agency in a full-time, part-time, or temporary position that	57404
involves providing direct care to an individual and a person who	57405
works in such a position due to being referred to a home health	57406
agency by an employment service.	57407

~~(7)~~(8) "Home health agency" means a person or government	57408
entity, other than a nursing home, residential care facility,	57409
hospice care program, or pediatric respite care program, that has	57410
the primary function of providing any of the following services to	57411
a patient at a place of residence used as the patient's home:	57412

(a) Skilled nursing care;

57413

(b) Physical therapy;

57414

57415

(d) Occupational therapy;

57416

(e) Medical social services;

57417

(f) Home health aide services.

57418

~~(8)~~(9) "Home health aide services" means any of the following	57419
services provided by an employee of a home health agency:	57420

(a) Hands-on bathing or assistance with a tub bath or shower;

57421

(b) Assistance with dressing, ambulation, and toileting;

57422

57423

(d) Meal preparation and feeding.

57424

~~(9)~~(10) "Hospice care program" and "pediatric respite care	57425
program" have the same meanings as in section 3712.01 of the	57426
Revised Code.	57427

~~(10)~~(11) "Medical social services" means services provided by	57428
a social worker under the direction of a patient's attending	57429
physician.	57430

~~(11)~~(12) "Minor drug possession offense" has the same meaning	57431
as in section 2925.01 of the Revised Code.	57432

~~(12)~~(13) "Nursing home," "residential care facility," and	57433
"skilled nursing care" have the same meanings as in section	57434
3721.01 of the Revised Code.	57435

~~(13)~~(14) "Occupational therapy" has the same meaning as in	57436
section 4755.04 of the Revised Code.	57437

~~(14)~~(15) "Physical therapy" has the same meaning as in	57438
section 4755.40 of the Revised Code.	57439

~~(15)~~(16) "Social worker" means a person licensed under	57440
Chapter 4757. of the Revised Code to practice as a social worker	57441
or independent social worker.	57442

~~(16)~~(17) "Speech-language pathology" has the same meaning as	57443
in section 4753.01 of the Revised Code.	57444

~~(17)~~(18) "Waiver agency" has the same meaning as in section	57445
~~5111.033~~5164.342 of the Revised Code.	57446

(B) No home health agency shall employ an applicant or	57447
continue to employ an employee in a position that involves	57448
providing direct care to an individual if any of the following	57449
apply:	57450

(1) A review of the databases listed in division (D) of this	57451
section reveals any of the following:	57452

(a) That the applicant or employee is included in one or more	57453
of the databases listed in divisions (D)(1) to (5) of this	57454
section;	57455

(b) That there is in the state nurse aide registry	57456
established under section 3721.32 of the Revised Code a statement	57457
detailing findings by the director of health that the applicant or	57458
employee neglected or abused a long-term care facility or	57459
residential care facility resident or misappropriated property of	57460
such a resident;	57461

(c) That the applicant or employee is included in one or more	57462
of the databases, if any, specified in rules adopted under this	57463
section and the rules prohibit the home health agency from	57464
employing an applicant or continuing to employ an employee	57465
included in such a database in a position that involves providing	57466
direct care to an individual.	57467

(2) After the applicant or employee is provided, pursuant to	57468
division (E)(2)(a) of this section, a copy of the form prescribed	57469
pursuant to division (C)(1) of section 109.572 of the Revised Code	57470
and the standard impression sheet prescribed pursuant to division	57471
(C)(2) of that section, the applicant or employee fails to	57472
complete the form or provide the applicant's or employee's	57473
fingerprint impressions on the standard impression sheet.	57474

(3) Except as provided in rules adopted under this section,	57475
the applicant or employee is found by a criminal records check	57476
required by this section to have been convicted of, pleaded guilty	57477
to, or been found eligible for intervention in lieu of conviction	57478
for a disqualifying offense.	57479

(C) Except as provided by division (F) of this section, the	57480
chief administrator of a home health agency shall inform each	57481
applicant of both of the following at the time of the applicant's	57482
initial application for employment or referral to the home health	57483
agency by an employment service for a position that involves	57484
providing direct care to an individual:	57485

(1) That a review of the databases listed in division (D) of	57486
this section will be conducted to determine whether the home	57487
health agency is prohibited by division (B)(1) of this section	57488
from employing the applicant in the position;	57489

(2) That, unless the database review reveals that the	57490
applicant may not be employed in the position, a criminal records	57491
check of the applicant will be conducted and the applicant is	57492
required to provide a set of the applicant's fingerprint	57493
impressions as part of the criminal records check.	57494

(D) As a condition of employing any applicant in a position	57495
that involves providing direct care to an individual, the chief	57496
administrator of a home health agency shall conduct a database	57497
review of the applicant in accordance with rules adopted under	57498
this section. If rules adopted under this section so require, the	57499
chief administrator of a home health agency shall conduct a	57500
database review of an employee in accordance with the rules as a	57501
condition of continuing to employ the employee in a position that	57502
involves providing direct care to an individual. However, the	57503
chief administrator is not required to conduct a database review	57504
of an applicant or employee if division (F) of this section	57505
applies. A database review shall determine whether the applicant	57506
or employee is included in any of the following:	57507

(1) The excluded parties list system that is maintained by	57508
the United States general services administration pursuant to	57509
subpart 9.4 of the federal acquisition regulation and available at	57510
the federal web site known as the system for award management;	57511

(2) The list of excluded individuals and entities maintained	57512
by the office of inspector general in the United States department	57513
of health and human services pursuant to ~~section 1128 of~~ the	57514
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	57515
1156, 42 U.S.C. 1320a-7~~, as amended, and section 1156 of the~~	57516
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~and 1320c-5,	57517
~~as amended~~;	57518

(3) The registry of MR/DD employees established under section	57519
5123.52 of the Revised Code;	57520

(4) The internet-based sex offender and child-victim offender	57521
database established under division (A)(11) of section 2950.13 of	57522
the Revised Code;	57523

(5) The internet-based database of inmates established under	57524
section 5120.66 of the Revised Code;	57525

(6) The state nurse aide registry established under section	57526
3721.32 of the Revised Code;	57527

(7) Any other database, if any, specified in rules adopted	57528
under this section.	57529

(E)(1) As a condition of employing any applicant in a	57530
position that involves providing direct care to an individual, the	57531
chief administrator of a home health agency shall request the	57532
superintendent of the bureau of criminal identification and	57533
investigation to conduct a criminal records check of the	57534
applicant. If rules adopted under this section so require, the	57535
chief administrator of a home health agency shall request the	57536
superintendent to conduct a criminal records check of an employee	57537
at times specified in the rules as a condition of continuing to	57538
employ the employee in a position that involves providing direct	57539
care to an individual. However, the chief administrator is not	57540
required to request the criminal records check of the applicant or	57541
the employee if division (F) of this section applies or the home	57542
health agency is prohibited by division (B)(1) of this section	57543
from employing the applicant or continuing to employ the employee	57544
in a position that involves providing direct care to an	57545
individual. If an applicant or employee for whom a criminal	57546
records check request is required by this section does not present	57547
proof of having been a resident of this state for the five-year	57548
period immediately prior to the date upon which the criminal	57549
records check is requested or does not provide evidence that	57550
within that five-year period the superintendent has requested	57551
information about the applicant from the federal bureau of	57552
investigation in a criminal records check, the chief administrator	57553
shall request that the superintendent obtain information from the	57554
federal bureau of investigation as a part of the criminal records	57555
check. Even if an applicant or employee for whom a criminal	57556
records check request is required by this section presents proof	57557
that the applicant or employee has been a resident of this state	57558
for that five-year period, the chief administrator may request	57559
that the superintendent include information from the federal	57560
bureau of investigation in the criminal records check.	57561

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

57562

(a) Provide to each applicant and employee for whom a	57563
criminal records check request is required by this section a copy	57564
of the form prescribed pursuant to division (C)(1) of section	57565
109.572 of the Revised Code and a standard impression sheet	57566
prescribed pursuant to division (C)(2) of that section;	57567

(b) Obtain the completed form and standard impression sheet	57568
from each applicant and employee;	57569

(c) Forward the completed form and standard impression sheet	57570
to the superintendent at the time the chief administrator requests	57571
the criminal records check.	57572

(3) A home health agency shall pay to the bureau of criminal	57573
identification and investigation the fee prescribed pursuant to	57574
division (C)(3) of section 109.572 of the Revised Code for each	57575
criminal records check the agency requests under this section. A	57576
home health agency may charge an applicant a fee not exceeding the	57577
amount the agency pays to the bureau under this section if both of	57578
the following apply:	57579

(a) The home health agency notifies the applicant at the time	57580
of initial application for employment of the amount of the fee and	57581
that, unless the fee is paid, the applicant will not be considered	57582
for employment.	57583

(b) The medicaid program ~~established under Chapter 5111. of~~	57584
~~the Revised Code~~ does not reimburse the home health agency for the	57585
fee it pays to the bureau under this section.	57586

(F) Divisions (C) to (E) of this section do not apply with	57587
regard to an applicant or employee if the applicant or employee is	57588
referred to a home health agency by an employment service that	57589
supplies full-time, part-time, or temporary staff for positions	57590
that involve providing direct care to an individual and both of	57591
the following apply:	57592

(1) The chief administrator of the home health agency	57593
receives from the employment service confirmation that a review of	57594
the databases listed in division (D) of this section was conducted	57595
with regard to the applicant or employee.	57596

(2) The chief administrator of the home health agency	57597
receives from the employment service, applicant, or employee a	57598
report of the results of a criminal records check of the applicant	57599
or employee that has been conducted by the superintendent within	57600
the one-year period immediately preceding the following:	57601

(a) In the case of an applicant, the date of the applicant's	57602
referral by the employment service to the home health agency;	57603

(b) In the case of an employee, the date by which the home	57604
health agency would otherwise have to request a criminal records	57605
check of the employee under division (E) of this section.	57606

(G)(1) A home health agency may employ conditionally an	57607
applicant for whom a criminal records check request is required by	57608
this section before obtaining the results of the criminal records	57609
check if the agency is not prohibited by division (B) of this	57610
section from employing the applicant in a position that involves	57611
providing direct care to an individual and either of the following	57612
applies:	57613

(a) The chief administrator of the home health agency	57614
requests the criminal records check in accordance with division	57615
(E) of this section not later than five business days after the	57616
applicant begins conditional employment.	57617

(b) The applicant is referred to the home health agency by an	57618
employment service, the employment service or the applicant	57619
provides the chief administrator of the agency a letter that is on	57620
the letterhead of the employment service, the letter is dated and	57621
signed by a supervisor or another designated official of the	57622
employment service, and the letter states all of the following:	57623

(i) That the employment service has requested the	57624
superintendent to conduct a criminal records check regarding the	57625
applicant;	57626

(ii) That the requested criminal records check is to include	57627
a determination of whether the applicant has been convicted of,	57628
pleaded guilty to, or been found eligible for intervention in lieu	57629
of conviction for a disqualifying offense;	57630

(iii) That the employment service has not received the	57631
results of the criminal records check as of the date set forth on	57632
the letter;	57633

(iv) That the employment service promptly will send a copy of	57634
the results of the criminal records check to the chief	57635
administrator of the home health agency when the employment	57636
service receives the results.	57637

(2) If a home health agency employs an applicant	57638
conditionally pursuant to division (G)(1)(b) of this section, the	57639
employment service, on its receipt of the results of the criminal	57640
records check, promptly shall send a copy of the results to the	57641
chief administrator of the agency.	57642

(3) A home health agency that employs an applicant	57643
conditionally pursuant to division (G)(1)(a) or (b) of this	57644
section shall terminate the applicant's employment if the results	57645
of the criminal records check, other than the results of any	57646
request for information from the federal bureau of investigation,	57647
are not obtained within the period ending sixty days after the	57648
date the request for the criminal records check is made.	57649
Regardless of when the results of the criminal records check are	57650
obtained, if the results indicate that the applicant has been	57651
convicted of, pleaded guilty to, or been found eligible for	57652
intervention in lieu of conviction for a disqualifying offense,	57653
the home health agency shall terminate the applicant's employment	57654
unless circumstances specified in rules adopted under this section	57655
that permit the agency to employ the applicant exist and the	57656
agency chooses to employ the applicant. Termination of employment	57657
under this division shall be considered just cause for discharge	57658
for purposes of division (D)(2) of section 4141.29 of the Revised	57659
Code if the applicant makes any attempt to deceive the home health	57660
agency about the applicant's criminal record.	57661

(H) The report of any criminal records check conducted by the	57662
bureau of criminal identification and investigation in accordance	57663
with section 109.572 of the Revised Code and pursuant to a request	57664
made under this section is not a public record for the purposes of	57665
section 149.43 of the Revised Code and shall not be made available	57666
to any person other than the following:	57667

(1) The applicant or employee who is the subject of the	57668
criminal records check or the applicant's or employee's	57669
representative;	57670

(2) The home health agency requesting the criminal records	57671
check or its representative;	57672

(3) The administrator of any other facility, agency, or	57673
program that provides direct care to individuals that is owned or	57674
operated by the same entity that owns or operates the home health	57675
agency that requested the criminal records check;	57676

(4) The employment service that requested the criminal	57677
records check;	57678

(5) The director of health and the staff of the department of	57679
health who monitor a home health agency's compliance with this	57680
section;	57681

(6) The director of aging or the director's designee if	57682
either of the following apply:	57683

(a) In the case of a criminal records check requested by a	57684
home health agency, the home health agency also is a	57685
community-based long-term care ~~agency~~provider or community-based	57686
long-term care subcontractor;	57687

(b) In the case of a criminal records check requested by an	57688
employment service, the employment service makes the request for	57689
an applicant or employee the employment service refers to a home	57690
health agency that also is a community-based long-term care	57691
~~agency~~provider or community-based long-term care subcontractor.	57692

(7) The medicaid director ~~of job and family services~~ and the	57693
staff of the department of ~~job and family services~~medicaid who	57694
are involved in the administration of the medicaid program if	57695
either of the following apply:	57696

(a) In the case of a criminal records check requested by a	57697
home health agency, the home health agency also is a waiver	57698
agency;	57699

(b) In the case of a criminal records check requested by an	57700
employment service, the employment service makes the request for	57701
an applicant or employee the employment service refers to a home	57702
health agency that also is a waiver agency.	57703

(8) Any court, hearing officer, or other necessary individual	57704
involved in a case dealing with any of the following:	57705

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

57706

(b) Employment or unemployment benefits of the applicant or	57707
employee;	57708

(c) A civil or criminal action regarding the medicaid	57709
program.	57710

(I) In a tort or other civil action for damages that is	57711
brought as the result of an injury, death, or loss to person or	57712
property caused by an applicant or employee who a home health	57713
agency employs in a position that involves providing direct care	57714
to an individual, all of the following shall apply:	57715

(1) If the home health agency employed the applicant or	57716
employee in good faith and reasonable reliance on the report of a	57717
criminal records check requested under this section, the agency	57718
shall not be found negligent solely because of its reliance on the	57719
report, even if the information in the report is determined later	57720
to have been incomplete or inaccurate.	57721

(2) If the home health agency employed the applicant in good	57722
faith on a conditional basis pursuant to division (G) of this	57723
section, the agency shall not be found negligent solely because it	57724
employed the applicant prior to receiving the report of a criminal	57725
records check requested under this section.	57726

(3) If the home health agency in good faith employed the	57727
applicant or employee according to the personal character	57728
standards established in rules adopted under this section, the	57729
agency shall not be found negligent solely because the applicant	57730
or employee had been convicted of, pleaded guilty to, or been	57731
found eligible for intervention in lieu of conviction for a	57732
disqualifying offense.	57733

(J) The director of health shall adopt rules in accordance	57734
with Chapter 119. of the Revised Code to implement this section.	57735

(1) The rules may do the following:

57736

(a) Require employees to undergo database reviews and	57737
criminal records checks under this section;	57738

(b) If the rules require employees to undergo database	57739
reviews and criminal records checks under this section, exempt one	57740
or more classes of employees from the requirements;	57741

(c) For the purpose of division (D)(7) of this section,	57742
specify other databases that are to be checked as part of a	57743
database review conducted under this section.	57744

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

57745

(a) The procedures for conducting database reviews under this	57746
section;	57747

(b) If the rules require employees to undergo database	57748
reviews and criminal records checks under this section, the times	57749
at which the database reviews and criminal records checks are to	57750
be conducted;	57751

(c) If the rules specify other databases to be checked as	57752
part of the database reviews, the circumstances under which a home	57753
health agency is prohibited from employing an applicant or	57754
continuing to employ an employee who is found by a database review	57755
to be included in one or more of those databases;	57756

(d) Circumstances under which a home health agency may employ	57757
an applicant or employee who is found by a criminal records check	57758
required by this section to have been convicted of, pleaded guilty	57759
to, or been found eligible for intervention in lieu of conviction	57760
for a disqualifying offense but meets personal character	57761
standards.	57762

Sec. 3701.921. There is hereby established the patient	57763
centered medical home education program in the department of	57764
health. For the purpose of advancing education in the patient	57765
centered medical home model of care, the director of health may	57766
implement and administer the program pursuant to sections 3701.922	57767
to 3701.929 of the Revised Code. The patient centered medical home	57768
model of care is an enhanced model of primary care in which care	57769
teams attend to the multifaceted needs of patients, providing	57770
whole person comprehensive and coordinate patient centered care.	57771

To the extent that funds are available, the program shall	57772
include the patient centered medical home education pilot project	57773
and may include any other ~~pilot~~ projects the director establishes	57774
pursuant to division (A)(3) of section 3701.922 of the Revised	57775
Code.	57776

Sec. 3701.922. (A) The director of health may do any of the	57777
following to implement and administer the patient centered medical	57778
home education program:	57779

(1) Develop and implement programs of education or training	57780
on the patient centered medical home model of care or other	57781
similar enhanced models of coordinated patient centered care that	57782
are intended to address the multifaceted needs of patients and	57783
provide whole person comprehensive and coordinated patient	57784
centered care;	57785

(2) Advise, consult, cooperate with, and assist, by contract	57786
or other arrangement, government agencies or institutions or	57787
private organizations, corporations, or associations in the	57788
development and promotion of programs pertaining to the evaluation	57789
and implementation of the patient centered medical home model of	57790
care or other similar enhanced models of coordinated patient	57791
centered care;	57792

(3) Establish ~~pilot~~ projects that ~~do any of the following:~~

57793

~~(a) Evaluate or implement the patient centered medical home~~	57794
~~model of care or other similar enhanced models of coordinated~~	57795
~~patient centered care;~~	57796

~~(b) Provide~~provide education or training on the patient	57797
centered medical home model of care or other similar enhanced	57798
models of coordinated patient centered care.	57799

(4) Seek and administer state funds or grants from other	57800
sources to carry out any functions of the patient centered medical	57801
home education program.	57802

Any funds or grants received by the director for purposes of	57803
the program shall be used for the program.	57804

(B) The director may adopt rules as necessary to implement	57805
and administer the patient centered medical home education	57806
program, including rules that define what constitutes a "patient	57807
centered medical home" for purposes of an entity authorized to	57808
provide care coordination services. The rules shall be adopted in	57809
accordance with Chapter 119. of the Revised Code.	57810

Sec. 3701.94. There is hereby established the patient	57811
centered medical home program in the department of health. The	57812
patient centered medical home model of care is an advanced model	57813
of primary care in which care teams attend to the multifaceted	57814
needs of patients, providing whole person comprehensive and	57815
coordinated patient centered care.	57816

Sec. 3701.941. (A) As part of the patient centered medical	57817
home program established under section 3701.94 of the Revised	57818
Code, the department of health shall establish a voluntary patient	57819
centered medical home certification program.	57820

(B) Each primary care practice, that seeks a patient centered	57821
medical home certificate shall submit an application on a form	57822
prepared by the department. The department may require an	57823
application fee and annual renewal fee as determined by the	57824
department. If the department establishes a fee under this	57825
section, the fee shall be in an amount that is sufficient to cover	57826
the cost of any on-site evaluations conducted by the department or	57827
an entity under contract with the department pursuant to section	57828
3701.942 of the Revised Code.	57829

(C) A practice certified under this section shall do all of	57830
the following:	57831

(1) Meet any standards developed by national independent	57832
accrediting and medical home organizations, as determined by the	57833
department;	57834

(2) Develop a systematic follow-up procedure for patients,	57835
including the use of health information technology and patient	57836
registries;	57837

(3) Implement and maintain health information technology that	57838
meets the requirements of 42 U.S.C. 300jj;	57839

(4) Comply with the reporting requirements of section	57840
3701.942 of the Revised Code;	57841

(5) Meet any process, outcome, and quality standards	57842
specified by the department of health;	57843

(6) Meet any other requirements established by the	57844
department.	57845

(D) The department shall seek to do all of the following	57846
through the certification of patient centered medical homes:	57847

(1) Expand, enhance, and encourage the use of primary care	57848
providers, including primary care physicians, advanced practice	57849
registered nurses, and physician assistants, as personal	57850
clinicians;	57851

(2) Develop a focus on delivering high-quality, efficient,	57852
and effective health care services;	57853

(3) Encourage patient centered care and the provision of care	57854
that is appropriate for a patient's race, ethnicity, and language;	57855

(4) Encourage the education and active participation of	57856
patients and patients' families or legal guardians, as	57857
appropriate, in decision making and care plan development;	57858

(5) Provide patients with consistent, ongoing contact with a	57859
personal clinician or team of clinical professionals to ensure	57860
continuous and appropriate care;	57861

(6) Ensure that patient centered medical homes develop and	57862
maintain appropriate comprehensive care plans for patients with	57863
complex or chronic conditions, including an assessment of health	57864
risks and chronic conditions;	57865

(7) Ensure that patient centered medical homes plan for	57866
transition of care from youth to adult to senior;	57867

(8) Enable and encourage use of a range of qualified health	57868
care professionals, including dedicated care coordinators, in a	57869
manner that enables those professionals to practice to the fullest	57870
extent of their professional licenses.	57871

Sec. 3701.942. (A) Each certified patient centered medical	57872
home shall report health care quality and performance information	57873
to the department of health, including any data necessary for	57874
monitoring compliance with certification standards and for	57875
evaluating the impact of patient centered medical homes on health	57876
care quality, cost, and outcomes.	57877

(B) The department may contract with a private entity to	57878
evaluate the effectiveness of certified patient centered medical	57879
homes. The department may provide the entity with data collected	57880
under division (A) of this section.	57881

(C) The department may contract with national independent	57882
accrediting and medical home organizations to provide on-site	57883
evaluation of primary care practices and verification of data	57884
collected under division (A) of this section.	57885

(D) Data collected under this section is not a public record	57886
under section 149.43 of the Revised Code.	57887

Sec. 3701.943. (A) The department of health shall submit a	57888
report to the governor and, in accordance with section 101.68 of	57889
the Revised Code, the general assembly, evaluating the patient	57890
centered medical home program not later than three years after	57891
rules adopted pursuant to section 3701.944 of the Revised Code	57892
first become effective. The department shall submit a second	57893
report not later than five years after those rules first become	57894
effective.	57895

(B) The reports submitted under division (A) of this section	57896
shall include all of the following:	57897

(1) The number of patients receiving primary care services	57898
from certified patient centered medical homes and the number and	57899
characteristics of those patients with complex or chronic	57900
conditions. To the extent available, information regarding the	57901
income, race, ethnicity, and language of patients shall be	57902
included in the reports;	57903

(2) The number and geographic distribution of certified	57904
patient centered medical homes;	57905

(3) Performance of and quality of care measures implemented	57906
by certified patient centered medical homes;	57907

(4) Preventive care measures implemented by certified patient	57908
centered medical homes;	57909

(5) Payment arrangements of certified patient centered	57910
medical homes;	57911

(6) Costs related to implementation of the patient centered	57912
medical home program and payment of care coordination fees;	57913

(7) The estimated effect of certified patient centered	57914
medical homes on health disparities;	57915

(8) The estimated savings from establishing the patient	57916
centered medical home program, as those savings apply to the fee	57917
for service, managed care, and state-based purchasing sectors.	57918

Sec. 3701.944. The department of health shall adopt rules in	57919
accordance with Chapter 119. of the Revised Code to do all of the	57920
following:	57921

(A) Considering the goals set forth in section 3701.941 of	57922
the Revised Code, establish standards and procedures for	57923
certifying a primary care practice as a patient centered medical	57924
home;	57925

(B) Specify the types of medical practices that constitute	57926
primary care practices for the purpose of certifying patient	57927
centered medical homes;	57928

(C) Specify the health care quality and performance	57929
information that certified patient centered medical homes must	57930
report to the department pursuant to section 3701.942 of the	57931
Revised Code.	57932

Sec. 3701.95. (A) As used in this section, "direct care	57933
services" and "direct care worker" have the same meanings as in	57934
section 191.061 of the Revised Code.	57935

(B) Not later than October 1, 2014, the director of health	57936
shall establish a direct care worker certification program. The	57937
director may adopt rules in accordance with Chapter 119. of the	57938
Revised Code as necessary to implement the program. The rules may	57939
address standards, procedures, and application fees charged for	57940
certification.	57941

(C) For purposes of the program, the director shall do both	57942
of the following:	57943

(1) Specify the minimum standards that must be met by a	57944
direct care worker to attain certification, which may include	57945
standards pertaining to education, experience, and continuing	57946
education requirements, as well as standards for compliance with	57947
administrative requirements.	57948

(2) Specify a procedure for determining whether a direct care	57949
worker satisfies the standards specified under division (C)(1) of	57950
this section.	57951

Sec. 3701.99. (A) Whoever violates division (C) of section	57952
3701.23, division (C) of section 3701.232, division (C) of section	57953
3701.24, division (B) of section 3701.25, division ~~(I)~~(D)(2) of	57954
section 3701.262, ~~division (D) of section 3701.263,~~ or sections	57955
3701.46 to 3701.55 of the Revised Code is guilty of a minor	57956
misdemeanor on a first offense; on each subsequent offense, the	57957
person is guilty of a misdemeanor of the fourth degree.	57958

(B) Whoever violates section 3701.82 of the Revised Code is	57959
guilty of a misdemeanor of the first degree.	57960

(C) Whoever violates section 3701.352 or 3701.81 of the	57961
Revised Code is guilty of a misdemeanor of the second degree.	57962

Sec. 3702.30. (A) As used in this section:

57963

(1) "Ambulatory surgical facility" means a facility, whether	57964
or not part of the same organization as a hospital, that is	57965
located in a building distinct from another in which inpatient	57966
care is provided, and to which any of the following apply:	57967

(a) Outpatient surgery is routinely performed in the	57968
facility, and the facility functions separately from a hospital's	57969
inpatient surgical service and from the offices of private	57970
physicians, podiatrists, and dentists.	57971

(b) Anesthesia is administered in the facility by an	57972
anesthesiologist or certified registered nurse anesthetist, and	57973
the facility functions separately from a hospital's inpatient	57974
surgical service and from the offices of private physicians,	57975
podiatrists, and dentists.	57976

(c) The facility applies to be certified by the United States	57977
centers for medicare and medicaid services as an ambulatory	57978
surgical center for purposes of reimbursement under Part B of the	57979
medicare program, Part B of Title XVIII of the "Social Security	57980
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	57981

(d) The facility applies to be certified by a national	57982
accrediting body approved by the centers for medicare and medicaid	57983
services for purposes of deemed compliance with the conditions for	57984
participating in the medicare program as an ambulatory surgical	57985
center.	57986

(e) The facility bills or receives from any third-party	57987
payer, governmental health care program, or other person or	57988
government entity any ambulatory surgical facility fee that is	57989
billed or paid in addition to any fee for professional services.	57990

(f) The facility is held out to any person or government	57991
entity as an ambulatory surgical facility or similar facility by	57992
means of signage, advertising, or other promotional efforts.	57993

"Ambulatory surgical facility" does not include a hospital	57994
emergency department.	57995

(2) "Ambulatory surgical facility fee" means a fee for	57996
certain overhead costs associated with providing surgical services	57997
in an outpatient setting. A fee is an ambulatory surgical facility	57998
fee only if it directly or indirectly pays for costs associated	57999
with any of the following:	58000

(a) Use of operating and recovery rooms, preparation areas,	58001
and waiting rooms and lounges for patients and relatives;	58002

(b) Administrative functions, record keeping, housekeeping,	58003
utilities, and rent;	58004

(c) Services provided by nurses, orderlies, technical	58005
personnel, and others involved in patient care related to	58006
providing surgery.	58007

"Ambulatory surgical facility fee" does not include any	58008
additional payment in excess of a professional fee that is	58009
provided to encourage physicians, podiatrists, and dentists to	58010
perform certain surgical procedures in their office or their group	58011
practice's office rather than a health care facility, if the	58012
purpose of the additional fee is to compensate for additional cost	58013
incurred in performing office-based surgery.	58014

(3) "Governmental health care program" has the same meaning	58015
as in section 4731.65 of the Revised Code.	58016

(4) "Health care facility" means any of the following:

58017

(a) An ambulatory surgical facility;

58018

(b) A freestanding dialysis center;

58019

58020

(d) A freestanding birthing center;

58021

(e) A freestanding radiation therapy center;

58022

(f) A freestanding or mobile diagnostic imaging center.

58023

(5) "Third-party payer" has the same meaning as in section	58024
3901.38 of the Revised Code.	58025

(B) By rule adopted in accordance with sections 3702.12 and	58026
3702.13 of the Revised Code, the director of health shall	58027
establish quality standards for health care facilities. The	58028
standards may incorporate accreditation standards or other quality	58029
standards established by any entity recognized by the director.	58030

In the case of an ambulatory surgical facility, the standards	58031
shall require the ambulatory surgical facility to maintain an	58032
infection control program. The purposes of the program are to	58033
minimize infections and communicable diseases and facilitate a	58034
functional and sanitary environment consistent with standards of	58035
professional practice. To achieve these purposes, ambulatory	58036
surgical facility staff managing the program shall create and	58037
administer a plan designed to prevent, identify, and manage	58038
infections and communicable diseases; ensure that the program is	58039
directed by a qualified professional trained in infection control;	58040
ensure that the program is an integral part of the ambulatory	58041
surgical facility's quality assessment and performance improvement	58042
program; and implement in an expeditious manner corrective and	58043
preventive measures that result in improvement.	58044

(C) Every ambulatory surgical facility shall require that	58045
each physician who practices at the facility comply with all	58046
relevant provisions in the Revised Code that relate to the	58047
obtaining of informed consent from a patient.	58048

(D) The director shall issue a license to each health care	58049
facility that makes application for a license and demonstrates to	58050
the director that it meets the quality standards established by	58051
the rules adopted under division (B) of this section and satisfies	58052
the informed consent compliance requirements specified in division	58053
(C) of this section.	58054

(E)(1) Except as provided in division (H) of this section and	58055
in section 3702.301 of the Revised Code, no health care facility	58056
shall operate without a license issued under this section.	58057

(2) If the department of health finds that a physician who	58058
practices at a health care facility is not complying with any	58059
provision of the Revised Code related to the obtaining of informed	58060
consent from a patient, the department shall report its finding to	58061
the state medical board, the physician, and the health care	58062
facility.	58063

(3) This division does not create, and shall not be construed	58064
as creating, a new cause of action or substantive legal right	58065
against a health care facility and in favor of a patient who	58066
allegedly sustains harm as a result of the failure of the	58067
patient's physician to obtain informed consent from the patient	58068
prior to performing a procedure on or otherwise caring for the	58069
patient in the health care facility.	58070

(F) The rules adopted under division (B) of this section	58071
shall include all of the following:	58072

(1) Provisions governing application for, renewal,	58073
suspension, and revocation of a license under this section;	58074

(2) Provisions governing orders issued pursuant to section	58075
3702.32 of the Revised Code for a health care facility to cease	58076
its operations or to prohibit certain types of services provided	58077
by a health care facility;	58078

(3) Provisions governing the imposition under section 3702.32	58079
of the Revised Code of civil penalties for violations of this	58080
section or the rules adopted under this section, including a scale	58081
for determining the amount of the penalties;	58082

(4) Provisions specifying the form inspectors must use when	58083
conducting inspections of ambulatory surgical facilities.	58084

(G) An ambulatory surgical facility that performs or induces	58085
abortions shall comply with section 3701.791 of the Revised Code.	58086

(H) The following entities are not required to obtain a	58087
license as a freestanding diagnostic imaging center issued under	58088
this section:	58089

(1) A hospital registered under section 3701.07 of the	58090
Revised Code that provides diagnostic imaging;	58091

(2) An entity that is reviewed as part of a hospital	58092
accreditation or certification program and that provides	58093
diagnostic imaging;	58094

(3) An ambulatory surgical facility that provides diagnostic	58095
imaging in conjunction with or during any portion of a surgical	58096
procedure.	58097

Sec. 3702.302. In the case of an ambulatory surgical	58098
facility not certified by the centers for medicare and medicaid	58099
services as an ambulatory surgical center, the director of health	58100
shall conduct an inspection of the facility each time the facility	58101
submits an application for license renewal. The director shall not	58102
renew the license unless all of the following conditions are met:	58103

(A) The inspector conducting the inspection completes each	58104
item on the following, as applicable:	58105

(1) Until the director adopts rules under division (F) of	58106
section 3702.30 of the Revised Code, the form approved by the	58107
director on the effective date of this section;	58108

(2) The form specified by the director pursuant to rules	58109
adopted under division (F) of section 3702.30 of the Revised Code.	58110

(B) The inspection demonstrates that the ambulatory surgical	58111
facility complies with all quality standards established by the	58112
director in rules adopted under division (B) of section 3702.30 of	58113
the Revised Code.	58114

(C) The director determines that the most recent version of	58115
the updated written transfer agreement filed in accordance with	58116
division (B) of section 3702.303 of the Revised Code is	58117
satisfactory.	58118

Sec. 3702.303. (A) Except as provided in division (C) of this	58119
section, an ambulatory surgical facility shall have a written	58120
transfer agreement with a local hospital that specifies an	58121
effective procedure for the safe and immediate transfer of	58122
patients from the facility to the hospital when medical care	58123
beyond the care that can be provided at the ambulatory surgical	58124
facility is necessary, including when emergency situations occur	58125
or medical complications arise. A copy of the agreement shall be	58126
filed with the director of health.	58127

(B) An ambulatory surgical facility shall update a written	58128
transfer agreement each year and file a copy of the updated	58129
agreement with the director.	58130

(C) The requirement for a written transfer agreement between	58131
an ambulatory surgical facility and a hospital does not apply if	58132
either of the following is the case:	58133

(1) The facility is a provider-based entity, as defined in 42	58134
C.F.R. 413.65(a)(2), of a hospital and the facility's policies and	58135
procedures to address situations when care beyond the care that	58136
can be provided at the ambulatory surgical facility are approved	58137
by the governing body of the facility's parent hospital and	58138
implemented;	58139

(2) The director of health has, pursuant to the procedure	58140
specified in section 3702.304 of the Revised Code, granted the	58141
facility a variance from the requirement.	58142

Sec. 3702.304. (A) The director of health may grant a	58143
variance from the written transfer agreement requirement of	58144
section 3702.303 of the Revised Code if the ambulatory surgical	58145
facility submits to the director a complete variance application,	58146
prescribed by the director, and the director determines after	58147
reviewing the application that the facility is capable of	58148
achieving the purpose of a written transfer agreement in the	58149
absence of one.	58150

(B) A variance application is complete for purposes of	58151
division (A) of this section if it contains or includes as	58152
attachments all of the following:	58153

(1) A statement explaining why application of the requirement	58154
would cause the facility undue hardship and why the variance will	58155
not jeopardize the health and safety of any patient;	58156

(2) A letter, contract, or memorandum of understanding signed	58157
by the facility and one or more consulting physicians who have	58158
admitting privileges at a minimum of one local hospital,	58159
memorializing the physician or physicians' agreement to provide	58160
back-up coverage when medical care beyond the level the facility	58161
can provide is necessary;	58162

(3) For each consulting physician described in division	58163
(B)(2) of this section:	58164

(a) A signed statement in which the physician attests that	58165
the physician is familiar with the facility and its operations,	58166
and agrees to provide notice to the facility of any changes in the	58167
physician's ability to provide back-up coverage;	58168

(b) The estimated travel time from the physician's main	58169
residence or office to each local hospital where the physician has	58170
admitting privileges;	58171

(c) Written verification that the facility has a record of	58172
the name, telephone numbers, and practice specialties of the	58173
physician;	58174

(d) Written verification from the state medical board that	58175
the physician possesses a valid certificate to practice medicine	58176
and surgery or osteopathic medicine and surgery issued under	58177
Chapter 4731. of the Revised Code;	58178

(e) Documented verification that each hospital at which the	58179
physician has admitting privileges has been informed in writing by	58180
the physician that the physician is a consulting physician for the	58181
ambulatory surgical facility and has agreed to provide back-up	58182
coverage for the facility when medical care beyond the care the	58183
facility can provide is necessary.	58184

(4) A copy of the facility's operating procedures or	58185
protocols that, at a minimum, do all of the following:	58186

(a) Address how back-up coverage by consulting physicians is	58187
to occur, including how back-up coverage is to occur when	58188
consulting physicians are temporarily unavailable;	58189

(b) Specify that each consulting physician is required to	58190
notify the facility, without delay, when the physician is unable	58191
to expeditiously admit patients to a local hospital and provide	58192
for continuity of patient care;	58193

(c) Specify that a patient's medical record maintained by the	58194
facility must be transferred contemporaneously with the patient	58195
when the patient is transferred from the facility to a hospital.	58196

(5) Any other information the director considers necessary.

58197

(C) The director's decision to grant or refuse a variance is	58198
final and not subject to any administrative proceedings under	58199
Chapter 119. or any other provision of the Revised Code.	58200

(D) The director shall consider each application for a	58201
variance independently without regard to any decision the director	58202
may have made on a prior occasion to grant or deny a variance to	58203
that ambulatory surgical facility or any other facility.	58204

Sec. 3702.305. The director of health may impose conditions	58205
on any variance the director has granted under section 3702.304 of	58206
the Revised Code. The director may, at any time, revoke the	58207
variance if the director determines that the facility is failing	58208
to meet one or more of the conditions.	58209

Sec. 3702.306. A variance the director of health grants under	58210
section 3702.304 of the Revised Code is effective for the period	58211
of time specified by the director, except that it shall not be	58212
effective beyond the date the ambulatory surgical facility's	58213
license expires. If a variance is to expire on the date the	58214
facility's license expires, the facility may submit to the	58215
director an application for a new variance with its next license	58216
renewal application.	58217

Sec. 3702.307. An ambulatory surgical facility shall notify	58218
the director of health when either of the following occurs:	58219

(A) The facility modifies its operating procedures or	58220
protocols described in division (B)(4) of section 3702.304 of the	58221
Revised Code. Notification under these circumstances shall occur	58222
not later than forty-eight hours after the modification is made.	58223

(B) The ambulatory surgical facility becomes aware of an	58224
event, including disciplinary action by the state medical board	58225
pursuant to section 4731.22 of the Revised Code, that may affect a	58226
consulting physician's certificate to practice medicine and	58227
surgery or osteopathic medicine and surgery or the physician's	58228
ability to admit patients to a hospital identified in a variance	58229
application, as described in division (B)(3)(e) of section	58230
3702.304 of the Revised Code. Notification under these	58231
circumstances shall occur not later than one week after the	58232
facility becomes aware of the event's occurrence.	58233

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	58234
Revised Code:	58235

(A) "Applicant" means any person that submits an application	58236
for a certificate of need and who is designated in the application	58237
as the applicant.	58238

(B) "Person" means any individual, corporation, business	58239
trust, estate, firm, partnership, association, joint stock	58240
company, insurance company, government unit, or other entity.	58241

(C) "Certificate of need" means a written approval granted by	58242
the director of health to an applicant to authorize conducting a	58243
reviewable activity.	58244

(D) "Service area" means the current and projected primary	58245
and secondary service areas to which the long-term care facility	58246
is, or will be, providing long-term care services.	58247

(E) "Primary service area" means the geographic region,	58248
usually comprised of the Ohio zip code in which the long-term care	58249
facility is located and contiguous zip codes, from which	58250
approximately seventy-five to eighty per cent of the facility's	58251
residents currently originate or are expected to originate.	58252

(F) "Secondary service area" means the geographic region,	58253
usually comprised of Ohio zip codes not included in the primary	58254
service area, excluding isolated exceptions, from which the	58255
facility's remaining residents currently originate or are expected	58256
to originate.	58257

(G) "Third-party payer" means a health insuring corporation	58258
licensed under Chapter 1751. of the Revised Code, a health	58259
maintenance organization as defined in division (I) of this	58260
section, an insurance company that issues sickness and accident	58261
insurance in conformity with Chapter 3923. of the Revised Code, a	58262
state-financed health insurance program under Chapter 3701.,or	58263
4123.~~, or 5111.~~ of the Revised Code, the medicaid program, or any	58264
self-insurance plan.	58265

(H) "Government unit" means the state and any county,	58266
municipal corporation, township, or other political subdivision of	58267
the state, or any department, division, board, or other agency of	58268
the state or a political subdivision.	58269

(I) "Health maintenance organization" means a public or	58270
private organization organized under the law of any state that is	58271
qualified under section 1310(d) of Title XIII of the "Public	58272
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	58273

(J) "Existing long-term care facility" means either of the	58274
following:	58275

(1) A long-term care facility that is licensed or otherwise	58276
authorized to operate in this state in accordance with applicable	58277
law, including a county home or a county nursing home that is	58278
certified under Title XVIII or Title XIX of the "Social Security	58279
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, is staffed	58280
and equipped to provide long-term care services, and is actively	58281
providing long-term care services;	58282

(2) A long-term care facility that is licensed or otherwise	58283
authorized to operate in this state in accordance with applicable	58284
law, including a county home or a county nursing home that is	58285
certified under Title XVIII or Title XIX of the "Social Security	58286
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or that has	58287
beds registered under section 3701.07 of the Revised Code as	58288
skilled nursing beds or long-term care beds and has provided	58289
long-term care services for at least three hundred sixty-five	58290
consecutive days within the twenty-four months immediately	58291
preceding the date a certificate of need application is filed with	58292
the director of health.	58293

(K) "State" means the state of Ohio, including, but not	58294
limited to, the general assembly, the supreme court, the offices	58295
of all elected state officers, and all departments, boards,	58296
offices, commissions, agencies, institutions, and other	58297
instrumentalities of the state of Ohio. "State" does not include	58298
political subdivisions.	58299

(L) "Political subdivision" means a municipal corporation,	58300
township, county, school district, and all other bodies corporate	58301
and politic responsible for governmental activities only in	58302
geographic areas smaller than that of the state to which the	58303
sovereign immunity of the state attaches.	58304

(M) "Affected person" means:

58305

(1) An applicant for a certificate of need, including an	58306
applicant whose application was reviewed comparatively with the	58307
application in question;	58308

(2) The person that requested the reviewability ruling in	58309
question;	58310

(3) Any person that resides or regularly uses long-term care	58311
facilities within the service area served or to be served by the	58312
long-term care services that would be provided under the	58313
certificate of need or reviewability ruling in question;	58314

(4) Any long-term care facility that is located in the	58315
service area where the long-term care services would be provided	58316
under the certificate of need or reviewability ruling in question;	58317

(5) Third-party payers that reimburse long-term care	58318
facilities for services in the service area where the long-term	58319
care services would be provided under the certificate of need or	58320
reviewability ruling in question.	58321

(N) "Long-term care facility" means any of the following:

58322

(1) A nursing home licensed under section 3721.02 of the	58323
Revised Code or by a political subdivision certified under section	58324
3721.09 of the Revised Code;	58325

(2) The portion of any facility, including a county home or	58326
county nursing home, that is certified as a skilled nursing	58327
facility or a nursing facility under Title XVIII or XIX of the	58328
"Social Security Act";	58329

(3) The portion of any hospital that contains beds registered	58330
under section 3701.07 of the Revised Code as skilled nursing beds	58331
or long-term care beds.	58332

(O) "Long-term care bed" or "bed" means a bed that is	58333
categorized as one of the following:	58334

(1) A bed that is located in a facility that is a nursing	58335
home licensed under section 3721.02 of the Revised Code or a	58336
facility licensed by a political subdivision certified under	58337
section 3721.09 of the Revised Code and is included in the	58338
authorized maximum licensed capacity of the facility;	58339

(2) A bed that is located in the portion of any facility,	58340
including a county home or county nursing home, that is certified	58341
as a skilled nursing facility under the medicare program or a	58342
nursing facility under the medicaid program and is included in the	58343
authorized maximum certified capacity of that portion of the	58344
facility;	58345

(3) A bed that is registered under section 3701.07 of the	58346
Revised Code as a skilled nursing bed, a long-term care bed, or a	58347
special skilled nursing bed;	58348

(4) A bed in a county home or county nursing home that has	58349
been certified under section 5155.38 of the Revised Code as having	58350
been in operation on July 1, 1993, and is eligible for licensure	58351
as a nursing home bed;	58352

(5) A bed held as an approved bed under a certificate of need	58353
approved by the director.	58354

A bed cannot simultaneously be both a bed described in	58355
division (O)(1), (2), (3), or (4) of this section and a bed	58356
described in division (O)(5) of this section.	58357

(P) "Reviewability ruling" means a ruling issued by the	58358
director of health under division (A) of section 3702.52 of the	58359
Revised Code as to whether a particular proposed project is or is	58360
not a reviewable activity.	58361

(Q) "County nursing home" has the same meaning as in section	58362
5155.31 of the Revised Code.	58363

(R) "Principal participant" means both of the following:

58364

(1) A person who has an ownership or controlling interest of	58365
at least five per cent in an applicant, in a long-term care	58366
facility that is the subject of an application for a certificate	58367
of need, or in the owner or operator of the applicant or such a	58368
facility;	58369

(2) An officer, director, trustee, or general partner of an	58370
applicant, of a long-term care facility that is the subject of an	58371
application for a certificate of need, or of the owner or operator	58372
of the applicant or such a facility.	58373

(S) "Actual harm but not immediate jeopardy deficiency" means	58374
a deficiency that, under 42 C.F.R. 488.404, either constitutes a	58375
pattern of deficiencies resulting in actual harm that is not	58376
immediate jeopardy or represents widespread deficiencies resulting	58377
in actual harm that is not immediate jeopardy.	58378

(T) "Immediate jeopardy deficiency" means a deficiency that,	58379
under 42 C.F.R. 488.404, either constitutes a pattern of	58380
deficiencies resulting in immediate jeopardy to resident health or	58381
safety or represents widespread deficiencies resulting in	58382
immediate jeopardy to resident health or safety.	58383

(U) "Existing bed" or "existing long-term care bed" means a	58384
bed from an existing long-term care facility, a bed described in	58385
division (O)(5) of this section, or a bed correctly reported as a	58386
long-term care bed pursuant to section 5155.38 of the Revised	58387
Code.	58388

Sec. 3702.521. (A) Reviews of applications for certificates	58389
of need to recategorize hospital beds to skilled nursing beds	58390
shall be conducted in accordance with this division and rules	58391
adopted by the director of health.	58392

(1) No hospital recategorizing beds shall apply for a	58393
certificate of need for more than twenty skilled nursing beds.	58394

(2) No beds for which a certificate of need is requested	58395
under this division shall be reviewed under or counted in any	58396
formula developed under rules adopted by the director for the	58397
purpose of determining the number of long-term care beds that may	58398
be needed within the state.	58399

(3) No beds shall be approved under this division unless the	58400
hospital certifies and demonstrates in the application that the	58401
beds will be dedicated to patients with a length of stay of no	58402
more than thirty days.	58403

(4) No beds shall be approved under this division unless the	58404
hospital can satisfactorily demonstrate in the application that it	58405
is routinely unable to place the patients planned for the beds in	58406
accessible skilled nursing facilities.	58407

(5) In developing rules to implement this division, the	58408
director shall give special attention to the required	58409
documentation of the need for such beds, including the efforts	58410
made by the hospital to place patients in suitable skilled nursing	58411
facilities, and special attention to the appropriate size of units	58412
with such beds given the historical pattern of the applicant	58413
hospital's documented difficulty in placing skilled nursing	58414
patients.	58415

(B) For assistance in monitoring the use of hospital beds	58416
recategorized as skilled nursing beds after August 5, 1989, the	58417
director shall adopt rules specifying appropriate quarterly	58418
procedures for reporting to the department of health.	58419

(C) A patient may stay in a hospital bed that, after August	58420
5, 1989, has been recategorized as a skilled nursing bed for more	58421
than thirty days if the hospital is able to demonstrate that it	58422
made a good faith effort to place the patient in an accessible	58423
skilled nursing facility acceptable to the patient within the	58424
thirty-day period, but was unable to do so.	58425

(D) No hospital bed recategorized after August 5, 1989, as a	58426
skilled nursing bed shall be covered by a provider agreement under	58427
the ~~medical assistance~~medicaid program ~~established under Chapter~~	58428
~~5111. of the Revised Code~~.	58429

(E) Nothing in this section requires a hospital to place a	58430
patient in any nursing home if the patient does not wish to be	58431
placed in the nursing home. Nothing in this section limits the	58432
ability of a hospital to file a certificate of need application	58433
for the addition of long-term care beds that meet the definition	58434
of "home" in section 3721.01 of the Revised Code. Nothing in this	58435
section limits the ability of the director to grant certificates	58436
of need necessary for hospitals to engage in demonstration	58437
projects authorized by the federal government for the purpose of	58438
enhancing long-term quality of care and cost containment. Nothing	58439
in this section limits the ability of hospitals to develop swing	58440
bed programs in accordance with federal regulations.	58441

No hospital that is granted a certificate of need after	58442
August 5, 1989, to recategorize hospital beds as skilled nursing	58443
beds is subject to sections 3721.01 to 3721.09 of the Revised	58444
Code. If the portion of the hospital in which the recategorized	58445
beds are located is certified as a skilled nursing facility under	58446
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	58447
U.S.C.A. 301, as amended, that portion of the hospital is subject	58448
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	58449
the Revised Code. If the beds are registered pursuant to section	58450
3701.07 of the Revised Code as long-term care beds, the beds are	58451
subject to sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the	58452
Revised Code.	58453

Sec. 3702.55. A person that the director of health	58454
determines has violated section 3702.53 of the Revised Code shall	58455
cease conducting the activity that constitutes the violation or	58456
utilizing the facility resulting from the violation not later than	58457
thirty days after the person receives the notice mailed under	58458
section 3702.532 of the Revised Code or, if the person appeals the	58459
director's determination under section 3702.60 of the Revised	58460
Code, thirty days after the person receives an order upholding the	58461
director's determination that is not subject to further appeal.	58462

If any person determined to have violated section 3702.53 of	58463
the Revised Code fails to cease conducting an activity or using a	58464
facility as required by this section or if the person continues to	58465
seek payment or reimbursement for services rendered or costs	58466
incurred in conducting the activity as prohibited by section	58467
3702.56 of the Revised Code, in addition to the penalties imposed	58468
under section 3702.54 or 3702.541 of the Revised Code:	58469

(A) The director of health may refuse to include any beds	58470
involved in the activity in the bed capacity of a hospital for	58471
purposes of registration under section 3701.07 of the Revised	58472
Code;	58473

(B) The director of health may refuse to license, or may	58474
revoke a license or reduce bed capacity previously granted to, a	58475
hospice care program under section 3712.04 of the Revised Code; a	58476
nursing home, residential care facility, or home for the aging	58477
under section 3721.02 of the Revised Code; or any beds within any	58478
of those facilities that are involved in the activity;	58479

(C) A political subdivision certified under section 3721.09	58480
of the Revised Code may refuse to license, or may revoke a license	58481
or reduce bed capacity previously granted to, a nursing home,	58482
residential care facility, or home for the aging, or any beds	58483
within any of those facilities that are involved in the activity;	58484

(D) The director of ~~mental health~~mental health and addiction	58485
services may refuse to license under section ~~5119.20~~5119.33 of	58486
the Revised Code, or may revoke a license or reduce bed capacity	58487
previously granted to, a hospital receiving mentally ill persons	58488
or beds within such a hospital that are involved in the activity;	58489

(E) The department of ~~job and family services~~medicaid may	58490
refuse to enter into a provider agreement that includes a	58491
facility, beds, or services that result from the activity.	58492

Sec. 3702.62. Sections 3702.51 to 3702.61 of the Revised	58493
Code do not apply to any part of a long-term care facility's	58494
campus that is certified as an intermediate care facility for the	58495
mentally retarded ~~under Title XIX of the "Social Security Act," 79~~	58496
~~Stat. 343 (1965), 42 U.S.C. 1396 et seq., as amended~~, as defined	58497
in section 5124.01 of the Revised Code.	58498

Sec. 3702.74. (A) A primary care physician who has signed a	58499
letter of intent under section 3702.73 of the Revised Code and the	58500
director of health may enter into a contract for the physician's	58501
participation in the physician loan repayment program. The	58502
physician's employer or other funding source may also be a party	58503
to the contract.	58504

(B) The contract shall include all of the following	58505
obligations:	58506

(1) The primary care physician agrees to provide primary care	58507
services in the health resource shortage area identified in the	58508
letter of intent for at least two years;	58509

(2) When providing primary care services in the health	58510
resource shortage area, the primary care physician agrees to do	58511
all of the following:	58512

(a) Provide primary care services for a minimum of forty	58513
hours per week, of which at least twenty-one hours will be spent	58514
providing patient care in an outpatient or ambulatory setting;	58515

(b) Provide primary care services without regard to a	58516
patient's ability to pay;	58517

(c) Meet the ~~conditions prescribed by the "Social Security~~	58518
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the~~	58519
~~department of job and family services~~requirements for	58520
~~participation in the~~a medicaid ~~program established under Chapter~~	58521
~~5111. of the Revised Code~~provider agreement and enter into a	58522
~~contract~~the agreement with the department of medicaid to provide	58523
primary care services to medicaid recipients ~~of the medical~~	58524
~~assistance program~~.	58525

(3) The department of health agrees, as provided in section	58526
3702.75 of the Revised Code, to repay, so long as the primary care	58527
physician performs the service obligation agreed to under division	58528
(B)(1) of this section, all or part of the principal and interest	58529
of a government or other educational loan taken by the primary	58530
care physician for expenses described in section 3702.75 of the	58531
Revised Code;	58532

(4) The primary care physician agrees to pay the department	58533
of health an amount established by rules adopted under section	58534
3702.79 of the Revised Code if the physician fails to complete the	58535
service obligation agreed to under division (B)(1) of this	58536
section.	58537

(C) The contract may include any other terms agreed upon by	58538
the parties.	58539

Sec. 3702.91. (A) An individual who has signed a letter of	58540
intent under section 3702.90 of the Revised Code may enter into a	58541
contract with the director of health for participation in the	58542
dentist loan repayment program. The dentist's employer or other	58543
funding source may also be a party to the contract.	58544

(B) The contract shall include all of the following	58545
obligations:	58546

(1) The individual agrees to provide dental services in the	58547
dental health resource shortage area identified in the letter of	58548
intent for at least two years.	58549

(2) When providing dental services in the dental health	58550
resource shortage area, the individual agrees to do all of the	58551
following:	58552

(a) Provide dental services for a minimum of forty hours per	58553
week;	58554

(b) Provide dental services without regard to a patient's	58555
ability to pay;	58556

(c) Meet the ~~conditions prescribed by the "Social Security~~	58557
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the~~	58558
~~department of job and family services~~requirements for	58559
~~participation in the~~a medicaid ~~program established under Chapter~~	58560
~~5111. of the Revised Code~~provider agreement and enter into a	58561
~~contract~~the agreement with the department of medicaid to provide	58562
dental services to medicaid recipients.	58563

(3) The department of health agrees, as provided in section	58564
3702.85 of the Revised Code, to repay, so long as the individual	58565
performs the service obligation agreed to under division (B)(1) of	58566
this section, all or part of the principal and interest of a	58567
government or other educational loan taken by the individual for	58568
expenses described in section 3702.85 of the Revised Code.	58569

(4) The individual agrees to pay the department of health an	58570
amount established by rules adopted under section 3702.86 of the	58571
Revised Code, if the individual fails to complete the service	58572
obligation agreed to under division (B)(1) of this section.	58573

(C) The contract may include any other terms agreed upon by	58574
the parties.	58575

(D) Not later than the thirty-first day of January of each	58576
year, the department of health shall mail to each individual to	58577
whom or on whose behalf repayment is made under the dentist loan	58578
repayment program a statement showing the amount of principal and	58579
interest repaid by the department pursuant to the contract in the	58580
preceding year. The statement shall be sent by ordinary mail with	58581
address correction and forwarding requested in the manner	58582
prescribed by the United States postal service.	58583

Sec. 3704.144. (A) Gifts, grants, and contributions for the	58584
purpose of adding pollution control equipment to diesel-powered	58585
school buses and converting diesel-powered school buses to	58586
alternative fuels, including contributions that are made pursuant	58587
to the settlement of an administrative action or civil action that	58588
is brought at the request of the director of environmental	58589
protection pursuant to Chapter 3704., 3714., 3734., 6109., or	58590
6111. of the Revised Code, shall be credited to the clean diesel	58591
school bus fund, which is hereby created in the state treasury.	58592
The director shall use money credited to the fund to make grants	58593
to school districts in the state and to county boards of	58594
developmental disabilities for the purpose of adding pollution	58595
control equipment to diesel-powered school buses and converting	58596
diesel-powered school buses to alternative fuels by means of	58597
certified engine configurations and verified technologies that are	58598
consistent with the requirements of section 793 and any	58599
regulations adopted under that section and to pay the	58600
environmental protection agency's costs incurred in administering	58601
this section. In addition, the director may use money credited to	58602
the fund to make grants to school districts and to county boards	58603
of developmental disabilities for the purpose of maintaining	58604
pollution control equipment that is installed on diesel-powered	58605
school buses ~~and to pay the additional cost incurred by a school~~	58606
~~district or a county board for using ultra-low sulfur diesel fuel~~	58607
~~instead of diesel fuel for the operation of diesel-powered school~~	58608
~~buses~~.	58609

(B) In making grants under this section, the director shall	58610
give priority to school districts and to county boards of	58611
developmental disabilities that are located in a county that is	58612
designated as nonattainment by the United States environmental	58613
protection agency for the fine particulate national ambient air	58614
quality standard under the federal Clean Air Act. In addition, the	58615
director may give a higher priority to a school district or a	58616
county board of developmental disabilities that employs additional	58617
measures that reduce air pollution from the district's or the	58618
county board's school bus fleet.	58619

(C) The director shall adopt rules establishing procedures	58620
and requirements that are necessary to implement this section,	58621
including procedures and requirements governing applications for	58622
grants.	58623

(D) As used in this section:

58624

(1) "Alternative fuel" has the same meaning as in section	58625
125.831 of the Revised Code.	58626

(2) "Certified engine configuration" and "section 793" have	58627
the same meanings as in section 122.861 of the Revised Code.	58628

(3) "Verified technology" means a pollution control	58629
technology, including retrofit technology and auxiliary power	58630
unit, that has been verified by the administrator of the United	58631
States environmental protection agency or the California air	58632
resources board.	58633

Sec. 3706.01. As used in this chapter:

58634

(A) "Governmental agency" means a department, division, or	58635
other unit of state government, a municipal corporation, county,	58636
township, and other political subdivision, or any other public	58637
corporation or agency having the power to acquire, construct, or	58638
operate air quality facilities, the United States or any agency	58639
thereof, and any agency, commission, or authority established	58640
pursuant to an interstate compact or agreement.	58641

(B) "Person" means any individual, firm, partnership,	58642
association, or corporation, or any combination thereof.	58643

(C) "Air contaminant" means particulate matter, dust, fumes,	58644
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	58645
odorous substance, or any combination thereof.	58646

(D) "Air pollution" means the presence in the ambient air of	58647
one or more air contaminants in sufficient quantity and of such	58648
characteristics and duration as to injure human health or welfare,	58649
plant or animal life, or property, or that unreasonably interferes	58650
with the comfortable enjoyment of life or property.	58651

(E) "Ambient air" means that portion of the atmosphere	58652
outside of buildings and other enclosures, stacks, or ducts that	58653
surrounds human, plant, or animal life, or property.	58654

(F) "Emission" means the release into the outdoor atmosphere	58655
of an air contaminant.	58656

(G) "Air quality facility" means any of the following:

58657

(1) Any method, modification or replacement of property,	58658
process, device, structure, or equipment that removes, reduces,	58659
prevents, contains, alters, conveys, stores, disperses, or	58660
disposes of air contaminants or substances containing air	58661
contaminants, or that renders less noxious or reduces the	58662
concentration of air contaminants in the ambient air, including,	58663
without limitation, facilities and expenditures that qualify as	58664
air pollution control facilities under section 103 (C)(4)(F) of	58665
the Internal Revenue Code of 1954, as amended, and regulations	58666
adopted thereunder;	58667

(2) Motor vehicle inspection stations operated in accordance	58668
with, and any equipment used for motor vehicle inspections	58669
conducted under, section 3704.14 of the Revised Code and rules	58670
adopted under it;	58671

(3) Ethanol or other biofuel facilities, including any	58672
equipment used at the ethanol or other biofuel facility for the	58673
production of ethanol or other biofuels;	58674

(4) Any property or portion thereof used for the collection,	58675
storage, treatment, utilization, processing, or final disposal of	58676
a by-product or solid waste resulting from any method, process,	58677
device, structure, or equipment that removes, reduces, prevents,	58678
contains, alters, conveys, stores, disperses, or disposes of air	58679
contaminants, or that renders less noxious or reduces the	58680
concentration of air contaminants in the ambient air;	58681

(5) Any property, device, or equipment that promotes the	58682
reduction of emissions of air contaminants into the ambient air	58683
through improvements in the efficiency of energy utilization or	58684
energy conservation;	58685

(6) Any coal research and development project conducted under	58686
Chapter 1555. of the Revised Code;	58687

(7) As determined by the director of the Ohio coal	58688
development office, any property or portion thereof that is used	58689
for the collection, storage, treatment, utilization, processing,	58690
or final disposal of a by-product resulting from a coal research	58691
and development project as defined in section 1555.01 of the	58692
Revised Code or from the use of clean coal technology, excluding	58693
any property or portion thereof that is used primarily for other	58694
subsequent commercial purposes;	58695

(8) Any property or portion thereof that is part of the	58696
FutureGen project of the United States department of energy or	58697
related to the siting of the FutureGen project.;	58698

(9) Any property, device, or equipment that promotes the	58699
reduction of emissions of air contaminants into the ambient air	58700
through the generation of clean, renewable energy with renewable	58701
energy resources or advanced energy resources as defined in	58702
section 3706.25 of the Revised Code.;	58703

(10) Any property, device, structure or equipment necessary	58704
for the manufacture and production of equipment described as an	58705
air quality facility under this chapter;	58706

(11) Any property, device, or equipment related to the	58707
recharging or refueling of vehicles that promotes the reduction of	58708
emissions of air contaminants into the ambient air through the use	58709
of an alternative fuel as defined in section 125.831 of the	58710
Revised Code or the use of a renewable energy resource as defined	58711
in section 3706.25 of the Revised Code.	58712

"Air quality facility" further includes any property or	58713
system to be used in whole or in part for any of the purposes in	58714
divisions (G)(1) to ~~(10)~~(11) of this section, whether another	58715
purpose is also served, and any property or system incidental to	58716
or that has to do with, or the end purpose of which is, any of the	58717
foregoing. Air quality facilities that are defined in this	58718
division for industry, commerce, distribution, or research,	58719
including public utility companies, are hereby determined to be	58720
those that qualify as facilities for the control of air pollution	58721
and thermal pollution related to air under Section 13 of Article	58722
VIII, Ohio Constitution.	58723

(H) "Project" or "air quality project" means any air quality	58724
facility, including undivided or other interests therein, acquired	58725
or to be acquired or constructed or to be constructed by the Ohio	58726
air quality development authority under this chapter, or acquired	58727
or to be acquired or constructed or to be constructed by a	58728
governmental agency or person with all or a part of the cost	58729
thereof being paid from a loan or grant from the authority under	58730
this chapter or otherwise paid from the proceeds of air quality	58731
revenue bonds, including all buildings and facilities that the	58732
authority determines necessary for the operation of the project,	58733
together with all property, rights, easements, and interests that	58734
may be required for the operation of the project.	58735

(I) "Cost" as applied to an air quality project means the	58736
cost of acquisition and construction, the cost of acquisition of	58737
all land, rights-of-way, property rights, easements, franchise	58738
rights, and interests required for such acquisition and	58739
construction, the cost of demolishing or removing any buildings or	58740
structures on land so acquired, including the cost of acquiring	58741
any lands to which such buildings or structures may be moved, the	58742
cost of acquiring or constructing and equipping a principal office	58743
and sub-offices of the authority, the cost of diverting highways,	58744
interchange of highways, and access roads to private property,	58745
including the cost of land or easements for such access roads, the	58746
cost of public utility and common carrier relocation or	58747
duplication, the cost of all machinery, furnishings, and	58748
equipment, financing charges, interest prior to and during	58749
construction and for no more than eighteen months after completion	58750
of construction, engineering, expenses of research and development	58751
with respect to air quality facilities, the cost of any commodity	58752
contract, including fees and expenses related thereto, legal	58753
expenses, plans, specifications, surveys, studies, estimates of	58754
cost and revenues, working capital, other expenses necessary or	58755
incident to determining the feasibility or practicability of	58756
acquiring or constructing such project, administrative expense,	58757
and such other expense as may be necessary or incident to the	58758
acquisition or construction of the project, the financing of such	58759
acquisition or construction, including the amount authorized in	58760
the resolution of the authority providing for the issuance of air	58761
quality revenue bonds to be paid into any special funds from the	58762
proceeds of such bonds, and the financing of the placing of such	58763
project in operation. Any obligation, cost, or expense incurred by	58764
any governmental agency or person for surveys, borings,	58765
preparation of plans and specifications, and other engineering	58766
services, or any other cost described above, in connection with	58767
the acquisition or construction of a project may be regarded as a	58768
part of the cost of that project and may be reimbursed out of the	58769
proceeds of air quality revenue bonds as authorized by this	58770
chapter.	58771

(J) "Owner" includes an individual, copartnership,	58772
association, or corporation having any title or interest in any	58773
property, rights, easements, or interests authorized to be	58774
acquired by this chapter.	58775

(K) "Revenues" means all rentals and other charges received	58776
by the authority for the use or services of any air quality	58777
project, any gift or grant received with respect to any air	58778
quality project, any moneys received with respect to the lease,	58779
sublease, sale, including installment sale or conditional sale, or	58780
other disposition of an air quality project, moneys received in	58781
repayment of and for interest on any loans made by the authority	58782
to a person or governmental agency, whether from the United States	58783
or any department, administration, or agency thereof, or	58784
otherwise, proceeds of such bonds to the extent that use thereof	58785
for payment of principal of, premium, if any, or interest on the	58786
bonds is authorized by the authority, amounts received or	58787
otherwise derived from a commodity contract or from the sale of	58788
the related commodity under such a contract, proceeds from any	58789
insurance, condemnation, or guaranty pertaining to a project or	58790
property mortgaged to secure bonds or pertaining to the financing	58791
of the project, and income and profit from the investment of the	58792
proceeds of air quality revenue bonds or of any revenues.	58793

(L) "Public roads" includes all public highways, roads, and	58794
streets in the state, whether maintained by the state, county,	58795
city, township, or other political subdivision.	58796

(M) "Public utility facilities" includes tracks, pipes,	58797
mains, conduits, cables, wires, towers, poles, and other equipment	58798
and appliances of any public utility.	58799

(N) "Construction," unless the context indicates a different	58800
meaning or intent, includes reconstruction, enlargement,	58801
improvement, or providing furnishings or equipment.	58802

(O) "Air quality revenue bonds," unless the context indicates	58803
a different meaning or intent, includes air quality revenue notes,	58804
air quality revenue renewal notes, and air quality revenue	58805
refunding bonds, except that notes issued in anticipation of the	58806
issuance of bonds shall have a maximum maturity of five years as	58807
provided in section 3706.05 of the Revised Code and notes or	58808
renewal notes issued as the definitive obligation may be issued	58809
maturing at such time or times with a maximum maturity of forty	58810
years from the date of issuance of the original note.	58811

(P) "Solid waste" means any garbage; refuse; sludge from a	58812
waste water treatment plant, water supply treatment plant, or air	58813
pollution control facility; and other discarded material,	58814
including solid, liquid, semisolid, or contained gaseous material	58815
resulting from industrial, commercial, mining, and agricultural	58816
operations, and from community activities, but not including solid	58817
or dissolved material in domestic sewage, or solid or dissolved	58818
material in irrigation return flows or industrial discharges that	58819
are point sources subject to permits under section 402 of the	58820
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	58821
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	58822
byproduct material as defined by the "Atomic Energy Act of 1954,"	58823
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	58824

(Q) "Sludge" means any solid, semisolid, or liquid waste,	58825
other than a recyclable by-product, generated from a municipal,	58826
commercial, or industrial waste water treatment plant, water	58827
supply plant, or air pollution control facility or any other such	58828
wastes having similar characteristics and effects.	58829

(R) "Ethanol or other biofuel facility" means a plant at	58830
which ethanol or other biofuel is produced.	58831

(S) "Ethanol" means fermentation ethyl alcohol derived from	58832
agricultural products, including potatoes, cereal, grains, cheese	58833
whey, and sugar beets; forest products; or other renewable or	58834
biomass resources, including residue and waste generated from the	58835
production, processing, and marketing of agricultural products,	58836
forest products, and other renewable or biomass resources, that	58837
meets all of the specifications in the American society for	58838
testing and materials (ASTM) specification D 4806-88 and is	58839
denatured as specified in Parts 20 and 21 of Title 27 of the Code	58840
of Federal Regulations.	58841

(T) "Biofuel" means any fuel that is made from cellulosic	58842
biomass resources, including renewable organic matter, crop waste	58843
residue, wood, aquatic plants and other crops, animal waste, solid	58844
waste, or sludge, and that is used for the production of energy	58845
for transportation or other purposes.	58846

(U) "FutureGen project" means the buildings, equipment, and	58847
real property and functionally related buildings, equipment, and	58848
real property, including related research projects that support	58849
the development and operation of the buildings, equipment, and	58850
real property, designated by the United States department of	58851
energy and the FutureGen industrial alliance, inc., as the	58852
coal-fueled, zero-emissions power plant designed to prove the	58853
technical and economic feasibility of producing electricity and	58854
hydrogen from coal and nearly eliminating carbon dioxide emissions	58855
through capture and permanent storage.	58856

(V) "Commodity contract" means a contract or series of	58857
contracts entered into in connection with the acquisition or	58858
construction of air quality facilities for the purchase or sale of	58859
a commodity that is eligible for prepayment with the proceeds of	58860
federally tax exempt bonds under sections 103, 141, and 148 of the	58861
Internal Revenue Code of 1986, as amended, and regulations adopted	58862
under it.	58863

Sec. 3707.511. (A) As used in this section~~, "physician"~~:

58864

"Physician" means a person authorized under Chapter 4731. of	58865
the Revised Code to practice medicine and surgery or osteopathic	58866
medicine and surgery.	58867

"Chiropractor" means a person licensed under Chapter 4734. of	58868
the Revised Code to practice chiropractic.	58869

(B) A youth sports organization shall provide to the parent,	58870
guardian, or other person having care or charge of an individual	58871
who wishes to practice for or compete in an athletic activity	58872
organized by a youth sports organization the concussion and head	58873
injury information sheet required by section 3707.52 of the	58874
Revised Code. The organization shall provide the information sheet	58875
annually for each sport or other category of athletic activity for	58876
or in which the individual practices or competes.	58877

(C)(1) No individual shall act as a coach or referee for a	58878
youth sports organization unless the individual holds a	58879
pupil-activity program permit issued under section 3319.303 of the	58880
Revised Code for coaching interscholastic athletics or presents	58881
evidence that the individual has successfully completed, within	58882
the previous three years, a training program in recognizing the	58883
symptoms of concussions and head injuries to which the department	58884
of health has provided a link on its internet web site under	58885
section 3707.52 of the Revised Code.	58886

(2) The youth sports organization for which the individual	58887
intends to act as a coach or referee shall inform the individual	58888
of the requirement described in division (C)(1) of this section.	58889

(D) If an individual practicing for or competing in an	58890
athletic event organized by a youth sports organization exhibits	58891
signs, symptoms, or behaviors consistent with having sustained a	58892
concussion or head injury while participating in the practice or	58893
competition, the individual shall be removed from the practice or	58894
competition by one of the following:	58895

(1) The individual who is serving as the individual's coach	58896
during that practice or competition;	58897

(2) An individual who is serving as a referee during that	58898
practice or competition;	58899

(3) An official of the youth sports organization who is	58900
supervising that practice or competition.	58901

(E)(1) If an individual is removed from practice or	58902
competition under division (D) of this section, the coach,	58903
referee, or official who removed the individual shall not allow	58904
the individual, on the same day the individual is removed, to	58905
return to that practice or competition or to participate in any	58906
other practice or competition for which the coach, referee, or	58907
official is responsible. Thereafter, the coach, referee, or	58908
official shall not allow the student to return to that practice or	58909
competition or to participate in any other practice or competition	58910
for which the coach, referee, or official is responsible until	58911
both of the following conditions are satisfied:	58912

(a) The individual's condition is assessed by ~~either~~any of	58913
the following:	58914

(i) A physician;

58915

(ii) A chiropractor;

58916

(iii) Any other licensed health care provider the youth	58917
sports organization, pursuant to division (E)(2) of this section,	58918
authorizes to assess an individual who has been removed from	58919
practice or competition under division (D) of this section.	58920

(b) The individual receives written clearance that it is safe	58921
for the individual to return to practice or competition from a	58922
physician, chiropractor, or ~~from~~ another licensed health care	58923
provider authorized pursuant to division (E)(2) of this section to	58924
grant the clearance.	58925

(2) A youth sports organization may authorize a licensed	58926
health care provider who is not a physician or a chiropractor to	58927
make an assessment or grant a clearance for purposes of division	58928
(E)(1) of this section only if the provider is acting in	58929
accordance with one of the following, as applicable to the	58930
provider's authority to practice in this state:	58931

(a) In consultation with a physician;

58932

(b) Pursuant to the referral of a physician;

58933

58934

(d) Under the supervision of a physician.

58935

(3) A physician, chiropractor, or other licensed health care	58936
provider who makes an assessment or grants a clearance for	58937
purposes of division (E)(1) of this section may be a volunteer.	58938

(F)(1) A youth sports organization or official, employee, or	58939
volunteer of a youth sports organization, including a coach or	58940
referee, is not liable in damages in a civil action for injury,	58941
death, or loss to person or property allegedly arising from	58942
providing services or performing duties under this section, unless	58943
the act or omission constitutes willful or wanton misconduct.	58944

(2) This section does not eliminate, limit, or reduce any	58945
other immunity or defense that a public entity, public official,	58946
or public employee may be entitled to under Chapter 2744. or any	58947
other provision of the Revised Code or under the common law of	58948
this state.	58949

Sec. 3709.01. The state shall be divided into health	58950
districts. Each city constitutes a health district and shall be	58951
known as a "city health district."	58952

The townships and villages in each county shall be combined	58953
into a health district and shall be known as a "general health	58954
district."	58955

As provided for in sections 3709.051, 3709.07, ~~3709.071,~~ and	58956
3709.10 of the Revised Code, there may be a union of two or more	58957
~~contiguous~~ general health districts, ~~not to exceed five,~~ a union	58958
of two or more ~~contiguous~~ city health districts to form a single	58959
city health district, or a union of a general health district and	58960
one or more city health districts located within or partially	58961
within such general health district.	58962

Sec. 3709.051. Two or more ~~contiguous~~ city health districts	58963
may be united to form a single city health district by a majority	58964
affirmative vote of the legislative authority of each city	58965
affected by the union.	58966

If at least three per cent of the qualified electors residing	58967
within each of two or more ~~contiguous~~ city health districts sign a	58968
petition proposing a union into a single city health district, an	58969
election shall be held as provided in this section to determine	58970
whether a single city health district shall be formed. The	58971
petition for union may specify regarding the board of health of	58972
the new district:	58973

(A) The qualifications for membership;

58974

(B) The term of office;

58975

(C) The number of members or a method by which the number may	58976
be determined from time to time;	58977

(D) The method of appointment.

58978

Such petition shall be filed with the boards of county	58979
commissioners of the respective counties affected, subject to	58980
approval of the director of health, and such boards shall promptly	58981
certify the text of the proposal to the boards of election for the	58982
purpose of having the proposal placed on the ballot at the next	58983
general election occurring more than ninety days after such	58984
certification. The election procedures provided in Chapter 3505.	58985
of the Revised Code for questions and issues shall apply to the	58986
election. If a majority of the electors voting on the proposal in	58987
each of the health districts affected vote in favor thereof, the	58988
union of such districts into a single city health district shall	58989
be established on the second succeeding first day of January.	58990

Sec. 3709.10. When it is proposed that two or more	58991
~~contiguous~~ general health districts~~, not to exceed five,~~ unite in	58992
the formation of one general health district, the district	58993
advisory council of each general health district shall meet and	58994
vote on the question of union. An affirmative majority vote of the	58995
district advisory council shall be required for approval. When the	58996
district advisory councils have voted affirmatively on the	58997
question, they shall meet in joint session and shall elect a board	58998
of health for the combined districts. Each original general health	58999
district shall be entitled to at least one member on the board of	59000
health of the combined districts.	59001

When such union is completed, ~~such~~the district shall	59002
constitute a general health district and shall be governed in the	59003
manner provided for general health districts. When two or more	59004
general health districts unite to form one district, the office of	59005
the board of health shall be located at the county seat of the	59006
county selected by the joint board of district advisory councils.	59007

When two or more general health districts have been combined	59008
into a single district, the county auditor of the county selected	59009
by the joint board of district advisory councils as the location	59010
of the central office of the board of health shall be the auditor	59011
of such district and the county treasurer of such county shall be	59012
the custodian of the health funds of such district. When the	59013
budget of such combined general health district is a matter for	59014
consideration, the members of the budget commissions of the	59015
counties constituting the district shall sit as a joint board for	59016
considering and acting on such budget.	59017

Sec. 3712.051. (A) As used in this division, "person" does	59018
not include a member of an interdisciplinary team, as defined in	59019
section 3712.01 of the Revised Code, or any individual who is	59020
employed by a person or public agency licensed under section	59021
3712.041 of the Revised Code.	59022

Except as provided in division (B) of this section, no person	59023
or public agency, other than a person or public agency licensed	59024
pursuant to section 3712.041 of the Revised Code, shall hold	59025
itself out as providing a pediatric respite care program, or	59026
provide a pediatric respite care program, or use the term	59027
"pediatric respite care program" or any term containing "pediatric	59028
respite care" to describe or refer to a health program, facility,	59029
or agency.	59030

(B) Division (A) of this section does not apply to any of the	59031
following:	59032

(1) A hospital;

59033

(2) A nursing home or residential care facility, as those	59034
terms are defined in section 3721.01 of the Revised Code;	59035

(3) A home health agency, if it provides services under	59036
contract with a person or public agency providing a pediatric	59037
respite care program licensed under section 3712.041 of the	59038
Revised Code;	59039

(4) A regional, state, or national nonprofit organization	59040
whose members are providers of pediatric respite care programs,	59041
individuals interested in pediatric respite care programs, or	59042
both, as long as the organization does not provide or represent	59043
that it provides pediatric respite care programs;	59044

(5) A person or government entity certified under section	59045
5123.161 of the Revised Code as a supported living provider;	59046

(6) A residential facility licensed under section 5123.19 of	59047
the Revised Code;	59048

(7) A respite care home certified under section 5126.05 of	59049
the Revised Code;	59050

(8) A person providing respite care under a family support	59051
services program established under section 5126.11 of the Revised	59052
Code;	59053

(9) A person or government entity providing respite care	59054
under a medicaid waiver component that the department of	59055
developmental disabilities administers pursuant to section	59056
~~5111.871~~5166.21 of the Revised Code.	59057

(C) The department of health shall petition the court of	59058
common pleas of any county in which a person or public agency,	59059
without a license granted under section 3712.041 of the Revised	59060
Code, is holding itself out as providing a pediatric respite care	59061
program, is providing a pediatric respite care program, or is	59062
representing a health program, facility, or agency as a pediatric	59063
respite care program, for an order enjoining that person or public	59064
agency from conducting those activities without a license. The	59065
court has jurisdiction to grant injunctive relief upon a showing	59066
that the respondent named in the petition is conducting those	59067
activities without a license.	59068

Any person or public agency may request the department to	59069
petition the court for injunctive relief under this division, and	59070
the department shall do so if it determines that the person or	59071
public agency named in the request is violating division (A) of	59072
this section.	59073

Sec. 3712.07. (A) As used in this section, "terminal care	59074
facility for the homeless" means a facility that provides	59075
accommodations to homeless individuals who are terminally ill.	59076

(B) A person or public agency licensed under this chapter to	59077
provide a hospice care program may enter into an agreement with a	59078
terminal care facility for the homeless under which hospice care	59079
program services may be provided to individuals residing at the	59080
facility, if all of the following apply:	59081

(1) Each resident of the facility has been diagnosed by a	59082
physician as having a terminal condition and an anticipated life	59083
expectancy of six months or less;	59084

(2) No resident of the facility has a relative or other	59085
person willing or capable of providing the care necessary to cope	59086
with ~~his~~the resident's terminal illness or is financially capable	59087
of hiring a person to provide such care;	59088

(3) Each resident of the facility is under the direct care of	59089
a physician;	59090

(4) No resident of the facility requires the staff of the	59091
facility to administer medication by injection;	59092

(5) The facility does not receive any remuneration, directly	59093
or indirectly, from the residents;	59094

(6) The facility does not receive any remuneration, directly	59095
or indirectly, from the ~~medical assistance~~medicaid program	59096
~~established under section 5111.01 of the Revised Code~~ or the	59097
medicare program ~~established under Title XVIII of the "Social~~	59098
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~;	59099

(7) The facility meets all applicable state and federal	59100
health and safety standards, including standards for fire	59101
prevention, maintenance of safe and sanitary conditions, and	59102
proper preparation and storage of foods.	59103

(C) Hospice care program services may be provided at a	59104
terminal care facility for the homeless only by the personnel of	59105
the person or public agency that has entered into an agreement	59106
with the facility under this section.	59107

(D) A terminal care facility for the homeless that has	59108
entered into an agreement under this section may assist its	59109
residents with the self-administration of medication if the	59110
medication has been prescribed by a physician and is not	59111
administered by injection. In the event that a resident has	59112
entered the final stages of dying and is no longer mentally alert,	59113
the facility may administer medication to that resident if the	59114
medication has been prescribed by a physician and is not	59115
administered by injection. Determinations of whether an individual	59116
has entered the final stages of dying and is no longer mentally	59117
alert shall be based on directions from the personnel who provide	59118
hospice care program services at the facility.	59119

Sec. 3712.09. (A) As used in this section:

59120

(1) "Applicant" means a person who is under final	59121
consideration for employment with a hospice care program or	59122
pediatric respite care program in a full-time, part-time, or	59123
temporary position that involves providing direct care to an older	59124
adult or pediatric respite care patient. "Applicant" does not	59125
include a person who provides direct care as a volunteer without	59126
receiving or expecting to receive any form of remuneration other	59127
than reimbursement for actual expenses.	59128

(2) "Criminal records check" has the same meaning as in	59129
section 109.572 of the Revised Code.	59130

(3) "Older adult" means a person age sixty or older.

59131

(B)(1) Except as provided in division (I) of this section,	59132
the chief administrator of a hospice care program or pediatric	59133
respite care program shall request that the superintendent of the	59134
bureau of criminal identification and investigation conduct a	59135
criminal records check of each applicant. If an applicant for whom	59136
a criminal records check request is required under this division	59137
does not present proof of having been a resident of this state for	59138
the five-year period immediately prior to the date the criminal	59139
records check is requested or provide evidence that within that	59140
five-year period the superintendent has requested information	59141
about the applicant from the federal bureau of investigation in a	59142
criminal records check, the chief administrator shall request that	59143
the superintendent obtain information from the federal bureau of	59144
investigation as part of the criminal records check of the	59145
applicant. Even if an applicant for whom a criminal records check	59146
request is required under this division presents proof of having	59147
been a resident of this state for the five-year period, the chief	59148
administrator may request that the superintendent include	59149
information from the federal bureau of investigation in the	59150
criminal records check.	59151

(2) A person required by division (B)(1) of this section to	59152
request a criminal records check shall do both of the following:	59153

(a) Provide to each applicant for whom a criminal records	59154
check request is required under that division a copy of the form	59155
prescribed pursuant to division (C)(1) of section 109.572 of the	59156
Revised Code and a standard fingerprint impression sheet	59157
prescribed pursuant to division (C)(2) of that section, and obtain	59158
the completed form and impression sheet from the applicant;	59159

(b) Forward the completed form and impression sheet to the	59160
superintendent of the bureau of criminal identification and	59161
investigation.	59162

(3) An applicant provided the form and fingerprint impression	59163
sheet under division (B)(2)(a) of this section who fails to	59164
complete the form or provide fingerprint impressions shall not be	59165
employed in any position for which a criminal records check is	59166
required by this section.	59167

(C)(1) Except as provided in rules adopted by the director of	59168
health in accordance with division (F) of this section and subject	59169
to division (C)(2) of this section, no hospice care program or	59170
pediatric respite care program shall employ a person in a position	59171
that involves providing direct care to an older adult or pediatric	59172
respite care patient if the person has been convicted of or	59173
pleaded guilty to any of the following:	59174

(a) A violation of section 2903.01, 2903.02, 2903.03,	59175
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	59176
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	59177
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	59178
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	59179
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	59180
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	59181
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	59182
2925.22, 2925.23, or 3716.11 of the Revised Code.	59183

(b) A violation of an existing or former law of this state,	59184
any other state, or the United States that is substantially	59185
equivalent to any of the offenses listed in division (C)(1)(a) of	59186
this section.	59187

(2)(a) A hospice care program or pediatric respite care	59188
program may employ conditionally an applicant for whom a criminal	59189
records check request is required under division (B) of this	59190
section prior to obtaining the results of a criminal records check	59191
regarding the individual, provided that the program shall request	59192
a criminal records check regarding the individual in accordance	59193
with division (B)(1) of this section not later than five business	59194
days after the individual begins conditional employment. In the	59195
circumstances described in division (I)(2) of this section, a	59196
hospice care program or pediatric respite care program may employ	59197
conditionally an applicant who has been referred to the hospice	59198
care program or pediatric respite care program by an employment	59199
service that supplies full-time, part-time, or temporary staff for	59200
positions involving the direct care of older adults or pediatric	59201
respite care patients and for whom, pursuant to that division, a	59202
criminal records check is not required under division (B) of this	59203
section.	59204

(b) A hospice care program or pediatric respite care program	59205
that employs an individual conditionally under authority of	59206
division (C)(2)(a) of this section shall terminate the	59207
individual's employment if the results of the criminal records	59208
check requested under division (B) of this section or described in	59209
division (I)(2) of this section, other than the results of any	59210
request for information from the federal bureau of investigation,	59211
are not obtained within the period ending thirty days after the	59212
date the request is made. Regardless of when the results of the	59213
criminal records check are obtained, if the results indicate that	59214
the individual has been convicted of or pleaded guilty to any of	59215
the offenses listed or described in division (C)(1) of this	59216
section, the program shall terminate the individual's employment	59217
unless the program chooses to employ the individual pursuant to	59218
division (F) of this section. Termination of employment under this	59219
division shall be considered just cause for discharge for purposes	59220
of division (D)(2) of section 4141.29 of the Revised Code if the	59221
individual makes any attempt to deceive the program about the	59222
individual's criminal record.	59223

(D)(1) Each hospice care program or pediatric respite care	59224
program shall pay to the bureau of criminal identification and	59225
investigation the fee prescribed pursuant to division (C)(3) of	59226
section 109.572 of the Revised Code for each criminal records	59227
check conducted pursuant to a request made under division (B) of	59228
this section.	59229

(2) A hospice care program or pediatric respite care program	59230
may charge an applicant a fee not exceeding the amount the program	59231
pays under division (D)(1) of this section. A program may collect	59232
a fee only if both of the following apply:	59233

(a) The program notifies the person at the time of initial	59234
application for employment of the amount of the fee and that,	59235
unless the fee is paid, the person will not be considered for	59236
employment;	59237

(b) The ~~medical assistance~~medicaid program ~~established under~~	59238
~~Chapter 5111. of the Revised Code~~ does not reimburse the program	59239
the fee it pays under division (D)(1) of this section.	59240

(E) The report of a criminal records check conducted pursuant	59241
to a request made under this section is not a public record for	59242
the purposes of section 149.43 of the Revised Code and shall not	59243
be made available to any person other than the following:	59244

(1) The individual who is the subject of the criminal records	59245
check or the individual's representative;	59246

(2) The chief administrator of the program requesting the	59247
criminal records check or the administrator's representative;	59248

(3) The administrator of any other facility, agency, or	59249
program that provides direct care to older adults or pediatric	59250
respite care patients that is owned or operated by the same entity	59251
that owns or operates the hospice care program or pediatric	59252
respite care program;	59253

(4) A court, hearing officer, or other necessary individual	59254
involved in a case dealing with a denial of employment of the	59255
applicant or dealing with employment or unemployment benefits of	59256
the applicant;	59257

(5) Any person to whom the report is provided pursuant to,	59258
and in accordance with, division (I)(1) or (2) of this section.	59259

(F) The director of health shall adopt rules in accordance	59260
with Chapter 119. of the Revised Code to implement this section.	59261
The rules shall specify circumstances under which a hospice care	59262
program or pediatric respite care program may employ a person who	59263
has been convicted of or pleaded guilty to an offense listed or	59264
described in division (C)(1) of this section but meets personal	59265
character standards set by the director.	59266

(G) The chief administrator of a hospice care program or	59267
pediatric respite care program shall inform each individual, at	59268
the time of initial application for a position that involves	59269
providing direct care to an older adult or pediatric respite care	59270
patient, that the individual is required to provide a set of	59271
fingerprint impressions and that a criminal records check is	59272
required to be conducted if the individual comes under final	59273
consideration for employment.	59274

(H) In a tort or other civil action for damages that is	59275
brought as the result of an injury, death, or loss to person or	59276
property caused by an individual who a hospice care program or	59277
pediatric respite care program employs in a position that involves	59278
providing direct care to older adults or pediatric respite care	59279
patients, all of the following shall apply:	59280

(1) If the program employed the individual in good faith and	59281
reasonable reliance on the report of a criminal records check	59282
requested under this section, the program shall not be found	59283
negligent solely because of its reliance on the report, even if	59284
the information in the report is determined later to have been	59285
incomplete or inaccurate;	59286

(2) If the program employed the individual in good faith on a	59287
conditional basis pursuant to division (C)(2) of this section, the	59288
program shall not be found negligent solely because it employed	59289
the individual prior to receiving the report of a criminal records	59290
check requested under this section;	59291

(3) If the program in good faith employed the individual	59292
according to the personal character standards established in rules	59293
adopted under division (F) of this section, the program shall not	59294
be found negligent solely because the individual prior to being	59295
employed had been convicted of or pleaded guilty to an offense	59296
listed or described in division (C)(1) of this section.	59297

(I)(1) The chief administrator of a hospice care program or	59298
pediatric respite care program is not required to request that the	59299
superintendent of the bureau of criminal identification and	59300
investigation conduct a criminal records check of an applicant if	59301
the applicant has been referred to the program by an employment	59302
service that supplies full-time, part-time, or temporary staff for	59303
positions involving the direct care of older adults or pediatric	59304
respite care patients and both of the following apply:	59305

(a) The chief administrator receives from the employment	59306
service or the applicant a report of the results of a criminal	59307
records check regarding the applicant that has been conducted by	59308
the superintendent within the one-year period immediately	59309
preceding the applicant's referral;	59310

(b) The report of the criminal records check demonstrates	59311
that the person has not been convicted of or pleaded guilty to an	59312
offense listed or described in division (C)(1) of this section, or	59313
the report demonstrates that the person has been convicted of or	59314
pleaded guilty to one or more of those offenses, but the hospice	59315
care program or pediatric respite care program chooses to employ	59316
the individual pursuant to division (F) of this section.	59317

(2) The chief administrator of a hospice care program or	59318
pediatric respite care program is not required to request that the	59319
superintendent of the bureau of criminal identification and	59320
investigation conduct a criminal records check of an applicant and	59321
may employ the applicant conditionally as described in this	59322
division, if the applicant has been referred to the program by an	59323
employment service that supplies full-time, part-time, or	59324
temporary staff for positions involving the direct care of older	59325
adults or pediatric respite care patients and if the chief	59326
administrator receives from the employment service or the	59327
applicant a letter from the employment service that is on the	59328
letterhead of the employment service, dated, and signed by a	59329
supervisor or another designated official of the employment	59330
service and that states that the employment service has requested	59331
the superintendent to conduct a criminal records check regarding	59332
the applicant, that the requested criminal records check will	59333
include a determination of whether the applicant has been	59334
convicted of or pleaded guilty to any offense listed or described	59335
in division (C)(1) of this section, that, as of the date set forth	59336
on the letter, the employment service had not received the results	59337
of the criminal records check, and that, when the employment	59338
service receives the results of the criminal records check, it	59339
promptly will send a copy of the results to the hospice care	59340
program or pediatric respite care program. If a hospice care	59341
program or pediatric respite care program employs an applicant	59342
conditionally in accordance with this division, the employment	59343
service, upon its receipt of the results of the criminal records	59344
check, promptly shall send a copy of the results to the hospice	59345
care program or pediatric respite care program, and division	59346
(C)(2)(b) of this section applies regarding the conditional	59347
employment.	59348

Sec. 3713.06. (A) Any person required to register under	59349
division (A) of section 3713.02 of the Revised Code who imports	59350
bedding or stuffed toys into this state for retail sale or use in	59351
this state and any person required to register under division (A)	59352
of section 3713.02 of the Revised Code who manufactures bedding or	59353
stuffed toys in this state for retail sale or use in this state	59354
shall submit a report to the superintendent of industrial	59355
compliance, in a form and manner prescribed by the superintendent.	59356
The form shall be submitted once ~~every six months~~per year and	59357
shall show the total number of items of bedding or stuffed toys	59358
imported into this state or manufactured in this state. Each	59359
report shall be accompanied by a fee of four cents for each item	59360
of bedding or stuffed toy imported into this state or manufactured	59361
in this state.	59362

(B) Every importer, manufacturer, or wholesaler of stuffed	59363
toys or articles of bedding, and every mobile home and	59364
recreational vehicle dealer, conversion van dealer, secondhand	59365
dealer, and auction house shall retain records, designated by the	59366
superintendent in rule, for the time period established in rule.	59367

(C) Every importer, manufacturer, or wholesaler of stuffed	59368
toys or articles of bedding, and every mobile home and	59369
recreational vehicle dealer, conversion van dealer, secondhand	59370
dealer, and auction house shall make sufficient investigation of	59371
its records to ensure that the information reported to the	59372
superintendent under division (A) of this section is accurate.	59373

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	59374
health and the environmental protection agency in administering	59375
and enforcing this chapter and rules adopted under it, there is	59376
hereby levied a fee of thirty cents per cubic yard or sixty cents	59377
per ton, as applicable, on both of the following:	59378

(a) The disposal of construction and demolition debris at a	59379
construction and demolition debris facility that is licensed under	59380
this chapter or at a solid waste facility that is licensed under	59381
Chapter 3734. of the Revised Code;	59382

(b) The disposal of asbestos or asbestos-containing materials	59383
or products at a construction and demolition debris facility that	59384
is licensed under this chapter or at a solid waste facility that	59385
is licensed under Chapter 3734. of the Revised Code.	59386

(2) The owner or operator of a construction and demolition	59387
debris facility or a solid waste facility shall determine if cubic	59388
yards or tons will be used as the unit of measurement. If basing	59389
the fee on cubic yards, the owner or operator shall utilize either	59390
the maximum cubic yard capacity of the container, or the hauling	59391
volume of the vehicle, that transports the construction and	59392
demolition debris to the facility or the cubic yards actually	59393
logged for disposal by the owner or operator in accordance with	59394
rules adopted under section 3714.02 of the Revised Code. If basing	59395
the fee on tonnage, the owner or operator shall use certified	59396
scales to determine the tonnage of construction and demolition	59397
debris that is disposed of.	59398

(3) The owner or operator of a construction and demolition	59399
debris facility or a solid waste facility shall calculate the	59400
amount of money generated from the fee levied under division	59401
(A)(1) of this section and shall hold that amount as a trustee for	59402
the health district having jurisdiction over the facility, if that	59403
district is on the approved list under section 3714.09 of the	59404
Revised Code, or for the state. The owner or operator shall	59405
prepare and file with the appropriate board of health or the	59406
director of environmental protection monthly returns indicating	59407
the total volume or weight, as applicable, of construction and	59408
demolition debris and asbestos or asbestos-containing materials or	59409
products disposed of at the facility and the total amount of money	59410
generated during that month from the fee levied under division	59411
(A)(1) of this section on the disposal of construction and	59412
demolition debris and asbestos or asbestos-containing materials or	59413
products. Not later than thirty days after the last day of the	59414
month to which the return applies, the owner or operator shall	59415
mail to the board of health or the director the return for that	59416
month together with the amount of money calculated under division	59417
(A)(3) of this section on the disposal of construction and	59418
demolition debris and asbestos or asbestos-containing materials or	59419
products during that month or may submit the return and money	59420
electronically in a manner approved by the director. The owner or	59421
operator may request, in writing, an extension of not more than	59422
thirty days after the last day of the month to which the return	59423
applies. A request for extension may be denied. If the owner or	59424
operator submits the money late, the owner or operator shall pay a	59425
penalty of ten per cent of the amount of the money due for each	59426
month that it is late.	59427

(4) Of the money that is submitted by a construction and	59428
demolition debris facility or a solid waste facility on a per	59429
cubic yard or per ton basis under this section, a board of health	59430
shall transmit three cents per cubic yard or six cents per ton, as	59431
applicable, to the director not later than forty-five days after	59432
the receipt of the money. The money retained by a board of health	59433
under this section shall be paid into a special fund, which is	59434
hereby created in each health district, and used solely tofor the	59435
following purposes:	59436

(a) To administer and enforce this chapter and rules adopted	59437
under it;	59438

(b) To abate accumulations of construction and demolition	59439
debris as provided in section 3714.074 of the Revised Code.	59440

The director shall transmit all money received under this	59441
section to the treasurer of state to be credited to the	59442
construction and demolition debris facility oversight fund, which	59443
is hereby created in the state treasury. The fund shall be	59444
administered by the director, and money credited to the fund shall	59445
be used exclusively for the administration and enforcement of this	59446
chapter and rules adopted under it.	59447

(B) The board of health of a health district or the director	59448
may enter into an agreement with the owner or operator of a	59449
construction and demolition debris facility or a solid waste	59450
facility for the quarterly payment of money generated from the	59451
disposal fee as calculated in division (A)(3) of this section. The	59452
board of health shall notify the director of any such agreement.	59453
Not later than forty-five days after receipt of the quarterly	59454
payment, the board of health shall transmit the amount established	59455
in division (A)(4) of this section to the director. The money	59456
retained by the board of health shall be deposited in the special	59457
fund of the district as required under that division. Upon receipt	59458
of the money from a board of health, the director shall transmit	59459
the money to the treasurer of state to be credited to the	59460
construction and demolition debris facility oversight fund.	59461

(C) If a construction and demolition debris facility or a	59462
solid waste facility is located within the territorial boundaries	59463
of a municipal corporation or the unincorporated area of a	59464
township, the municipal corporation or township may appropriate up	59465
to four cents per cubic yard or up to eight cents per ton of the	59466
disposal fee required to be paid by the facility under division	59467
(A)(1) of this section for the same purposes that a municipal	59468
corporation or township may levy a fee under division (C) of	59469
section 3734.57 of the Revised Code.	59470

The legislative authority of the municipal corporation or	59471
township may appropriate the money from the fee by enacting an	59472
ordinance or adopting a resolution establishing the amount of the	59473
fee to be appropriated. Upon doing so, the legislative authority	59474
shall mail a certified copy of the ordinance or resolution to the	59475
board of health of the health district in which the construction	59476
and demolition debris facility or the solid waste facility is	59477
located or, if the facility is located in a health district that	59478
is not on the approved list under section 3714.09 of the Revised	59479
Code, to the director. Upon receipt of the copy of the ordinance	59480
or resolution and not later than forty-five days after receipt of	59481
money generated from the fee, the board or the director, as	59482
applicable, shall transmit to the treasurer or other appropriate	59483
officer of the municipal corporation or clerk of the township that	59484
portion of the money generated from the disposal fee by the owner	59485
or operator of the facility that is required by the ordinance or	59486
resolution to be paid to that municipal corporation or township.	59487

Money received by the treasurer or other appropriate officer	59488
of a municipal corporation under this division shall be paid into	59489
the general fund of the municipal corporation. Money received by	59490
the clerk of a township under this division shall be paid into the	59491
general fund of the township. The treasurer or other officer of	59492
the municipal corporation or the clerk of the township, as	59493
appropriate, shall maintain separate records of the money received	59494
under this division.	59495

The legislative authority of a municipal corporation or	59496
township may cease appropriating money under this division by	59497
repealing the ordinance or resolution that was enacted or adopted	59498
under this division.	59499

The director shall adopt rules in accordance with Chapter	59500
119. of the Revised Code establishing requirements for prorating	59501
the amount of the fee that may be appropriated under this division	59502
by a municipal corporation or township in which only a portion of	59503
a construction and demolition debris facility is located within	59504
the territorial boundaries of the municipal corporation or	59505
township.	59506

(D) The board of county commissioners of a county in which a	59507
construction and demolition debris facility or a solid waste	59508
facility is located may appropriate up to three cents per cubic	59509
yard or up to six cents per ton of the disposal fee required to be	59510
paid by the facility under division (A)(1) of this section for the	59511
same purposes that a solid waste management district may levy a	59512
fee under division (B) of section 3734.57 of the Revised Code.	59513

The board of county commissioners may appropriate the money	59514
from the fee by adopting a resolution establishing the amount of	59515
the fee to be appropriated. Upon doing so, the board of county	59516
commissioners shall mail a certified copy of the resolution to the	59517
board of health of the health district in which the construction	59518
and demolition debris facility or the solid waste facility is	59519
located or, if the facility is located in a health district that	59520
is not on the approved list under section 3714.09 of the Revised	59521
Code, to the director. Upon receipt of the copy of the resolution	59522
and not later than forty-five days after receipt of money	59523
generated from the fee, the board of health or the director, as	59524
applicable, shall transmit to the treasurer of the county that	59525
portion of the money generated from the disposal fee by the owner	59526
or operator of the facility that is required by the resolution to	59527
be paid to that county.	59528

Money received by a county treasurer under this division	59529
shall be paid into the general fund of the county. The county	59530
treasurer shall maintain separate records of the money received	59531
under this division.	59532

A board of county commissioners may cease appropriating money	59533
under this division by repealing the resolution that was adopted	59534
under this division.	59535

(E)(1) This section does not apply to the disposal of	59536
construction and demolition debris at a solid waste facility that	59537
is licensed under Chapter 3734. of the Revised Code if there is no	59538
construction and demolition debris facility licensed under this	59539
chapter within thirty-five miles of the solid waste facility as	59540
determined by a facility's property boundaries.	59541

(2) This section does not apply to the disposal of	59542
construction and demolition debris at a solid waste facility that	59543
is licensed under Chapter 3734. of the Revised Code if the owner	59544
or operator of the facility chooses to collect fees on the	59545
disposal of the construction and demolition debris and asbestos or	59546
asbestos-containing materials or products that are identical to	59547
the fees that are collected under Chapters 343. and 3734. of the	59548
Revised Code on the disposal of solid wastes at that facility.	59549

(3) This section does not apply to the disposal of source	59550
separated materials that are exclusively composed of reinforced or	59551
nonreinforced concrete, asphalt, clay tile, building or paving	59552
brick, or building or paving stone at a construction and	59553
demolition debris facility that is licensed under this chapter	59554
when either of the following applies:	59555

(a) The materials are placed within the limits of	59556
construction and demolition debris placement at the facility as	59557
specified in the license issued to the facility under section	59558
3714.06 of the Revised Code, are not placed within the unloading	59559
zone of the facility, and are used as a fire prevention measure in	59560
accordance with rules adopted by the director under section	59561
3714.02 of the Revised Code.	59562

(b) The materials are not placed within the unloading zone of	59563
the facility or within the limits of construction and demolition	59564
debris placement at the facility as specified in the license	59565
issued to the facility under section 3714.06 of the Revised Code,	59566
but are used as fill material, either alone or in conjunction with	59567
clean soil, sand, gravel, or other clean aggregates, in legitimate	59568
fill operations for construction purposes at the facility or to	59569
bring the facility up to a consistent grade.	59570

Sec. 3714.074. (A) A board of health may use money in the	59571
board's special fund created in section 3714.07 of the Revised	59572
Code for the purpose specified in division (B) of this section if	59573
both of the following apply:	59574

(1) It is the end of the fiscal year.

59575

(2) The board determines that it has more money in the fund	59576
than is necessary for the board to administer and enforce this	59577
chapter and rules adopted under it for the following fiscal year.	59578

(B) A board of health may use excess money as described in	59579
division (A) of this section to abate accumulations of	59580
construction and demolition debris at a location for which a	59581
license has not been issued pursuant to section 3714.05 of the	59582
Revised Code if all of the following apply to the property on	59583
which the accumulations are located:	59584

(1) The construction and demolition debris was placed on the	59585
property under either of the following circumstances:	59586

(a) After the owner of the property acquired title to it;

59587

(b) Before the owner of the property acquired title to it if	59588
the owner acquired title to the property by bequest or devise.	59589

(2) The owner of the property did not have knowledge that the	59590
construction and demolition debris was being placed on the	59591
property, or the owner posted on the property signs prohibiting	59592
dumping or took other action to prevent the placing of	59593
construction and demolition debris on the property.	59594

(3) The owner of the property did not participate in or	59595
consent to the placement of the construction and demolition debris	59596
on the property.	59597

(4) The owner of the property did not receive any financial	59598
benefit from the placement of the construction and demolition	59599
debris on the property or from having the construction and	59600
demolition debris on the property.	59601

(5) Title to the property was not transferred to the owner of	59602
that property for the purpose of avoiding liability for violations	59603
of this chapter or rules adopted under it.	59604

(6) The person responsible for the placement of the	59605
construction and demolition debris on the property, in placing the	59606
construction and demolition debris on the property, was not acting	59607
as an agent for the owner of the property.	59608

Sec. 3717.08. (A) The director of agriculture and director	59609
of health shall strive to increase consumer confidence in the	59610
state's food supply by promoting food safety awareness and	59611
education. The efforts of the director of agriculture and director	59612
of health shall be made, when appropriate and available, through	59613
partnerships with representatives of retail food establishments,	59614
representatives of food service operations, and representatives of	59615
the academic community, including ~~the Ohio state university~~OSU	59616
extension ~~service~~.	59617

(B) As part of their promotion of food safety awareness, the	59618
director of agriculture and the director of health shall do the	59619
following:	59620

(1) Develop training programs regarding the Ohio uniform food	59621
safety code. The directors may offer the training programs	59622
separately but shall coordinate the content of the programs to the	59623
greatest extent practicable. The training programs shall be made	59624
available to the employees of the department of agriculture,	59625
employees of the department of health, representatives of boards	59626
of health and the health officials employed by the boards,	59627
representatives of retail food establishments, and representatives	59628
of food service operations.	59629

(2) Co-sponsor a biennial statewide food safety conference.	59630
Additional statewide food safety conferences may be held as	59631
considered appropriate by the director of agriculture and director	59632
of health.	59633

Sec. 3718.06. (A) A board of health shall establish fees in	59634
accordance with section 3709.09 of the Revised Code for the	59635
purpose of carrying out its duties under this chapter and rules	59636
adopted under it, including fees for installation permits,	59637
operation permits, and alteration permits issued by the board. All	59638
fees so established and collected by the board shall be deposited	59639
in a special fund of the district to be used exclusively by the	59640
board in carrying out those duties.	59641

(B) In accordance with Chapter 119. of the Revised Code, the	59642
director of health may establish by rule a fee to be collected	59643
from applicants for installation permits and alteration permits	59644
issued under rules adopted under this chapter. The director of	59645
health shall use not more than ~~seventy-five~~ninety per cent of the	59646
proceeds from that fee for administering and enforcing this	59647
chapter and the rules adopted under it by the director. The	59648
director shall use not less than ~~twenty-five~~ten per cent of the	59649
proceeds from that fee to establish a program in cooperation with	59650
boards of health to fund installation and evaluation of sewage	59651
treatment system new technology pilot projects through grants or	59652
other agreements. In the selection of pilot projects, the director	59653
shall consult with the sewage treatment system technical advisory	59654
committee. A board of health shall collect and transmit the fee to	59655
the director pursuant to section 3709.092 of the Revised Code.	59656

Sec. 3719.61. Nothing in the laws dealing with drugs of	59657
abuse shall be construed to prohibit treatment of narcotic drug	59658
dependent persons by the continuing maintenance of their	59659
dependence through the administration of methadone in accordance	59660
with the rules adopted by the department of ~~alcohol and drug~~	59661
~~addiction services~~mental health and addiction services under	59662
section ~~3793.11~~5119.39 of the Revised Code, when all of the	59663
following apply:	59664

(A) The likelihood that any person undergoing maintenance	59665
treatment will be cured of dependence on narcotic drugs is remote,	59666
the treatment is prescribed for the purpose of alleviating or	59667
controlling the patient's drug dependence, and the patient's	59668
prognosis while undergoing treatment is at least a partial	59669
improvement in the patient's asocial or antisocial behavior	59670
patterns;	59671

(B) In the case of an inpatient in a hospital or clinic, the	59672
amount of the maintenance drug dispensed at any one time does not	59673
exceed the quantity necessary for a single dose, and the dose is	59674
administered to the patient immediately;	59675

(C) In the case of an outpatient, the amount of the	59676
maintenance drug dispensed at any one time shall be determined by	59677
the patient's treatment provider taking into account the patient's	59678
progress in the treatment program and the patient's needs for	59679
gainful employment, education, and responsible homemaking, except	59680
that in no event shall the dosage be greater than the amount	59681
permitted by federal law and rules adopted by the department	59682
pursuant to section ~~3793.11~~5119.39 of the Revised Code;	59683

(D) The drug is not dispensed in any case to replace or	59684
supplement any part of a supply of the drug previously dispensed,	59685
or when there is reasonable cause to believe it will be used or	59686
disposed of unlawfully;	59687

(E) The drug is dispensed through a program licensed and	59688
operated in accordance with section ~~3793.11~~5119.39 of the Revised	59689
Code.	59690

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	59691
3721.99 of the Revised Code:	59692

(1)(a) "Home" means an institution, residence, or facility	59693
that provides, for a period of more than twenty-four hours,	59694
whether for a consideration or not, accommodations to three or	59695
more unrelated individuals who are dependent upon the services of	59696
others, including a nursing home, residential care facility, home	59697
for the aging, and a veterans' home operated under Chapter 5907.	59698
of the Revised Code.	59699

(b) "Home" also means both of the following:

59700

(i) Any facility that a person, as defined in section 3702.51	59701
of the Revised Code, proposes for certification as a skilled	59702
nursing facility or nursing facility under Title XVIII or XIX of	59703
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	59704
as amended, and for which a certificate of need, other than a	59705
certificate to recategorize hospital beds as described in section	59706
3702.521 of the Revised Code or division (R)(7)(d) of the version	59707
of section 3702.51 of the Revised Code in effect immediately prior	59708
to April 20, 1995, has been granted to the person under sections	59709
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	59710

(ii) A county home or district home that is or has been	59711
licensed as a residential care facility.	59712

59713

(i) Except as provided in division (A)(1)(b) of this section,	59714
a public hospital or hospital as defined in section 3701.01 or	59715
5122.01 of the Revised Code;	59716

(ii) A residential facility as defined in section ~~5119.22~~	59717
5119.34 of the Revised Code;	59718

(iii) A residential facility as defined in section 5123.19 of	59719
the Revised Code;	59720

(iv) ~~An alcohol or drug~~A community addiction ~~program~~	59721
services provider as defined in section ~~3793.01~~5119.01 of the	59722
Revised Code;	59723

(v) A facility licensed to provide methadone treatment under	59724
section ~~3793.11~~5119.39 of the Revised Code;	59725

(vi) A facility providing services under contract with the	59726
department of developmental disabilities under section 5123.18 of	59727
the Revised Code;	59728

(vii) A facility operated by a hospice care program licensed	59729
under section 3712.04 of the Revised Code that is used exclusively	59730
for care of hospice patients;	59731

(viii) A facility operated by a pediatric respite care	59732
program licensed under section 3712.041 of the Revised Code that	59733
is used exclusively for care of pediatric respite care patients;	59734

(ix) A facility, infirmary, or other entity that is operated	59735
by a religious order, provides care exclusively to members of	59736
religious orders who take vows of celibacy and live by virtue of	59737
their vows within the orders as if related, and does not	59738
participate in the medicare program ~~established under Title XVIII~~	59739
~~of the "Social Security Act"~~ or the ~~medical assistance~~medicaid	59740
program ~~established under Chapter 5111. of the Revised Code and~~	59741
~~Title XIX of the "Social Security Act,"~~ if on January 1, 1994, the	59742
facility, infirmary, or entity was providing care exclusively to	59743
members of the religious order;	59744

(x) A county home or district home that has never been	59745
licensed as a residential care facility.	59746

(2) "Unrelated individual" means one who is not related to	59747
the owner or operator of a home or to the spouse of the owner or	59748
operator as a parent, grandparent, child, grandchild, brother,	59749
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	59750
uncle.	59751

(3) "Mental impairment" does not mean mental illness as	59752
defined in section 5122.01 of the Revised Code or mental	59753
retardation as defined in section 5123.01 of the Revised Code.	59754

(4) "Skilled nursing care" means procedures that require	59755
technical skills and knowledge beyond those the untrained person	59756
possesses and that are commonly employed in providing for the	59757
physical, mental, and emotional needs of the ill or otherwise	59758
incapacitated. "Skilled nursing care" includes, but is not limited	59759
to, the following:	59760

(a) Irrigations, catheterizations, application of dressings,	59761
and supervision of special diets;	59762

(b) Objective observation of changes in the patient's	59763
condition as a means of analyzing and determining the nursing care	59764
required and the need for further medical diagnosis and treatment;	59765

59766

(d) Administration of medication by any method ordered by a	59767
physician, such as hypodermically, rectally, or orally, including	59768
observation of the patient after receipt of the medication;	59769

(e) Carrying out other treatments prescribed by the physician	59770
that involve a similar level of complexity and skill in	59771
administration.	59772

(5)(a) "Personal care services" means services including, but	59773
not limited to, the following:	59774

(i) Assisting residents with activities of daily living;

59775

(ii) Assisting residents with self-administration of	59776
medication, in accordance with rules adopted under section 3721.04	59777
of the Revised Code;	59778

(iii) Preparing special diets, other than complex therapeutic	59779
diets, for residents pursuant to the instructions of a physician	59780
or a licensed dietitian, in accordance with rules adopted under	59781
section 3721.04 of the Revised Code.	59782

(b) "Personal care services" does not include "skilled	59783
nursing care" as defined in division (A)(4) of this section. A	59784
facility need not provide more than one of the services listed in	59785
division (A)(5)(a) of this section to be considered to be	59786
providing personal care services.	59787

(6) "Nursing home" means a home used for the reception and	59788
care of individuals who by reason of illness or physical or mental	59789
impairment require skilled nursing care and of individuals who	59790
require personal care services but not skilled nursing care. A	59791
nursing home is licensed to provide personal care services and	59792
skilled nursing care.	59793

(7) "Residential care facility" means a home that provides	59794
either of the following:	59795

(a) Accommodations for seventeen or more unrelated	59796
individuals and supervision and personal care services for three	59797
or more of those individuals who are dependent on the services of	59798
others by reason of age or physical or mental impairment;	59799

(b) Accommodations for three or more unrelated individuals,	59800
supervision and personal care services for at least three of those	59801
individuals who are dependent on the services of others by reason	59802
of age or physical or mental impairment, and, to at least one of	59803
those individuals, any of the skilled nursing care authorized by	59804
section 3721.011 of the Revised Code.	59805

(8) "Home for the aging" means a home that provides services	59806
as a residential care facility and a nursing home, except that the	59807
home provides its services only to individuals who are dependent	59808
on the services of others by reason of both age and physical or	59809
mental impairment.	59810

The part or unit of a home for the aging that provides	59811
services only as a residential care facility is licensed as a	59812
residential care facility. The part or unit that may provide	59813
skilled nursing care beyond the extent authorized by section	59814
3721.011 of the Revised Code is licensed as a nursing home.	59815

(9) "County home" and "district home" mean a county home or	59816
district home operated under Chapter 5155. of the Revised Code.	59817

(B) The director of health may further classify homes. For	59818
the purposes of this chapter, any residence, institution, hotel,	59819
congregate housing project, or similar facility that meets the	59820
definition of a home under this section is such a home regardless	59821
of how the facility holds itself out to the public.	59822

(C) For purposes of this chapter, personal care services or	59823
skilled nursing care shall be considered to be provided by a	59824
facility if they are provided by a person employed by or	59825
associated with the facility or by another person pursuant to an	59826
agreement to which neither the resident who receives the services	59827
nor the resident's sponsor is a party.	59828

(D) Nothing in division (A)(4) of this section shall be	59829
construed to permit skilled nursing care to be imposed on an	59830
individual who does not require skilled nursing care.	59831

Nothing in division (A)(5) of this section shall be construed	59832
to permit personal care services to be imposed on an individual	59833
who is capable of performing the activity in question without	59834
assistance.	59835

(E) Division (A)(1)(c)(ix) of this section does not prohibit	59836
a facility, infirmary, or other entity described in that division	59837
from seeking licensure under sections 3721.01 to 3721.09 of the	59838
Revised Code or certification under Title XVIII or XIX of the	59839
"Social Security Act." However, such a facility, infirmary, or	59840
entity that applies for licensure or certification must meet the	59841
requirements of those sections or titles and the rules adopted	59842
under them and obtain a certificate of need from the director of	59843
health under section 3702.52 of the Revised Code.	59844

(F) Nothing in this chapter, or rules adopted pursuant to it,	59845
shall be construed as authorizing the supervision, regulation, or	59846
control of the spiritual care or treatment of residents or	59847
patients in any home who rely upon treatment by prayer or	59848
spiritual means in accordance with the creed or tenets of any	59849
recognized church or religious denomination.	59850

Sec. 3721.011. (A) In addition to providing accommodations,	59851
supervision, and personal care services to its residents, a	59852
residential care facility may do the following:	59853

(1) Provide the following skilled nursing care to its	59854
residents:	59855

(a) Supervision of special diets;

59856

(b) Application of dressings, in accordance with rules	59857
adopted under section 3721.04 of the Revised Code;	59858

(c) Subject to division (B)(1) of this section,	59859
administration of medication.	59860

(2) Subject to division (C) of this section, provide other	59861
skilled nursing care on a part-time, intermittent basis for not	59862
more than a total of one hundred twenty days in a twelve-month	59863
period;	59864

(3) Provide skilled nursing care for more than one hundred	59865
twenty days in a twelve-month period to a resident when the	59866
requirements of division (D) of this section are met.	59867

A residential care facility may not admit or retain an	59868
individual requiring skilled nursing care that is not authorized	59869
by this section. A residential care facility may not provide	59870
skilled nursing care beyond the limits established by this	59871
section.	59872

(B)(1) A residential care facility may admit or retain an	59873
individual requiring medication, including biologicals, only if	59874
the individual's personal physician has determined in writing that	59875
the individual is capable of self-administering the medication or	59876
the facility provides for the medication to be administered to the	59877
individual by a home health agency certified under Title XVIII of	59878
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	59879
amended; a hospice care program licensed under Chapter 3712. of	59880
the Revised Code; or a member of the staff of the residential care	59881
facility who is qualified to perform medication administration.	59882
Medication may be administered in a residential care facility only	59883
by the following persons authorized by law to administer	59884
medication:	59885

(a) A registered nurse licensed under Chapter 4723. of the	59886
Revised Code;	59887

(b) A licensed practical nurse licensed under Chapter 4723.	59888
of the Revised Code who holds proof of successful completion of a	59889
course in medication administration approved by the board of	59890
nursing and who administers the medication only at the direction	59891
of a registered nurse or a physician authorized under Chapter	59892
4731. of the Revised Code to practice medicine and surgery or	59893
osteopathic medicine and surgery;	59894

(c) A medication aide certified under Chapter 4723. of the	59895
Revised Code;	59896

(d) A physician authorized under Chapter 4731. of the Revised	59897
Code to practice medicine and surgery or osteopathic medicine and	59898
surgery.	59899

(2) In assisting a resident with self-administration of	59900
medication, any member of the staff of a residential care facility	59901
may do the following:	59902

(a) Remind a resident when to take medication and watch to	59903
ensure that the resident follows the directions on the container;	59904

(b) Assist a resident by taking the medication from the	59905
locked area where it is stored, in accordance with rules adopted	59906
pursuant to section 3721.04 of the Revised Code, and handing it to	59907
the resident. If the resident is physically unable to open the	59908
container, a staff member may open the container for the resident.	59909

(c) Assist a physically impaired but mentally alert resident,	59910
such as a resident with arthritis, cerebral palsy, or Parkinson's	59911
disease, in removing oral or topical medication from containers	59912
and in consuming or applying the medication, upon request by or	59913
with the consent of the resident. If a resident is physically	59914
unable to place a dose of medicine to the resident's mouth without	59915
spilling it, a staff member may place the dose in a container and	59916
place the container to the mouth of the resident.	59917

(C) Except as provided in division (D) of this section, a	59918
residential care facility may admit or retain individuals who	59919
require skilled nursing care beyond the supervision of special	59920
diets, application of dressings, or administration of medication,	59921
only if the care will be provided on a part-time, intermittent	59922
basis for not more than a total of one hundred twenty days in any	59923
twelve-month period. In accordance with Chapter 119. of the	59924
Revised Code, the director of health shall adopt rules specifying	59925
what constitutes the need for skilled nursing care on a part-time,	59926
intermittent basis. The director shall adopt rules that are	59927
consistent with rules pertaining to home health care adopted by	59928
the medicaid director ~~of job and family services~~ for the medicaid	59929
program ~~established under Chapter 5111. of the Revised Code~~.	59930
Skilled nursing care provided pursuant to this division may be	59931
provided by a home health agency certified ~~under Title XVIII of~~	59932
~~the "Social Security Act~~for participation in the medicare	59933
program," a hospice care program licensed under Chapter 3712. of	59934
the Revised Code, or a member of the staff of a residential care	59935
facility who is qualified to perform skilled nursing care.	59936

A residential care facility that provides skilled nursing	59937
care pursuant to this division shall do both of the following:	59938

(1) Evaluate each resident receiving the skilled nursing care	59939
at least once every seven days to determine whether the resident	59940
should be transferred to a nursing home;	59941

(2) Meet the skilled nursing care needs of each resident	59942
receiving the care.	59943

(D)(1) A residential care facility may admit or retain an	59944
individual who requires skilled nursing care for more than one	59945
hundred twenty days in any twelve-month period only if the	59946
facility has entered into a written agreement with each of the	59947
following:	59948

(a) The individual or individual's sponsor;

59949

(b) The individual's personal physician;

59950

(c) Unless the individual's personal physician oversees the	59951
skilled nursing care, the provider of the skilled nursing care;	59952

(d) If the individual is a hospice patient as defined in	59953
section 3712.01 of the Revised Code, a hospice care program	59954
licensed under Chapter 3712. of the Revised Code.	59955

(2) The agreement required by division (D)(1) of this section	59956
shall include all of the following provisions:	59957

(a) That the individual will be provided skilled nursing care	59958
in the facility only if a determination has been made that the	59959
individual's needs can be met at the facility;	59960

(b) That the individual will be retained in the facility only	59961
if periodic redeterminations are made that the individual's needs	59962
are being met at the facility;	59963

(c) That the redeterminations will be made according to a	59964
schedule specified in the agreement;	59965

(d) If the individual is a hospice patient, that the	59966
individual has been given an opportunity to choose the hospice	59967
care program that best meets the individual's needs;	59968

(e) Unless the individual is a hospice patient, that the	59969
individual's personal physician has determined that the skilled	59970
nursing care the individual needs is routine.	59971

(E) Notwithstanding any other provision of this chapter, a	59972
residential care facility in which residents receive skilled	59973
nursing care pursuant to this section is not a nursing home.	59974

Sec. 3721.02. (A) As used in this section, "residential	59975
facility" means a residential facility licensed under section	59976
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	59977
supervision, and personal care services for three to sixteen	59978
unrelated adults.	59979

(B) The director of health shall license homes and establish	59980
procedures to be followed in inspecting and licensing homes. The	59981
director may inspect a home at any time. Each home shall be	59982
inspected by the director at least once prior to the issuance of a	59983
license and at least once every fifteen months thereafter. The	59984
state fire marshal or a township, municipal, or other legally	59985
constituted fire department approved by the marshal shall also	59986
inspect a home prior to issuance of a license, at least once every	59987
fifteen months thereafter, and at any other time requested by the	59988
director. A home does not have to be inspected prior to issuance	59989
of a license by the director, state fire marshal, or a fire	59990
department if ownership of the home is assigned or transferred to	59991
a different person and the home was licensed under this chapter	59992
immediately prior to the assignment or transfer. The director may	59993
enter at any time, for the purposes of investigation, any	59994
institution, residence, facility, or other structure that has been	59995
reported to the director or that the director has reasonable cause	59996
to believe is operating as a nursing home, residential care	59997
facility, or home for the aging without a valid license required	59998
by section 3721.05 of the Revised Code or, in the case of a county	59999
home or district home, is operating despite the revocation of its	60000
residential care facility license. The director may delegate the	60001
director's authority and duties under this chapter to any	60002
division, bureau, agency, or official of the department of health.	60003

(C) A single facility may be licensed both as a nursing home	60004
pursuant to this chapter and as a residential facility pursuant to	60005
section ~~5119.22~~5119.34 of the Revised Code if the director	60006
determines that the part or unit to be licensed as a nursing home	60007
can be maintained separate and discrete from the part or unit to	60008
be licensed as a residential facility.	60009

(D) In determining the number of residents in a home for the	60010
purpose of licensing, the director shall consider all the	60011
individuals for whom the home provides accommodations as one group	60012
unless one of the following is the case:	60013

(1) The home is a home for the aging, in which case all the	60014
individuals in the part or unit licensed as a nursing home shall	60015
be considered as one group, and all the individuals in the part or	60016
unit licensed as a rest home shall be considered as another group.	60017

(2) The home is both a nursing home and a residential	60018
facility. In that case, all the individuals in the part or unit	60019
licensed as a nursing home shall be considered as one group, and	60020
all the individuals in the part or unit licensed as an adult care	60021
facility shall be considered as another group.	60022

(3) The home maintains, in addition to a nursing home or	60023
residential care facility, a separate and discrete part or unit	60024
that provides accommodations to individuals who do not require or	60025
receive skilled nursing care and do not receive personal care	60026
services from the home, in which case the individuals in the	60027
separate and discrete part or unit shall not be considered in	60028
determining the number of residents in the home if the separate	60029
and discrete part or unit is in compliance with the Ohio basic	60030
building code established by the board of building standards under	60031
Chapters 3781. and 3791. of the Revised Code and the home permits	60032
the director, on request, to inspect the separate and discrete	60033
part or unit and speak with the individuals residing there, if	60034
they consent, to determine whether the separate and discrete part	60035
or unit meets the requirements of this division.	60036

(E)(1) The director of health shall charge the following	60037
application fee and annual renewal licensing and inspection fee	60038
for each fifty persons or part thereof of a home's licensed	60039
capacity:	60040

(a) For state fiscal year 2010, two hundred twenty dollars;

60041

(b) For state fiscal year 2011, two hundred seventy dollars;

60042

(c) For each state fiscal year thereafter, three hundred	60043
twenty dollars.	60044

(2) All fees collected by the director for the issuance or	60045
renewal of licenses shall be deposited into the state treasury to	60046
the credit of the general operations fund created in section	60047
3701.83 of the Revised Code for use only in administering and	60048
enforcing this chapter and rules adopted under it.	60049

(F)(1) Except as otherwise provided in this section, the	60050
results of an inspection or investigation of a home that is	60051
conducted under this section, including any statement of	60052
deficiencies and all findings and deficiencies cited in the	60053
statement on the basis of the inspection or investigation, shall	60054
be used solely to determine the home's compliance with this	60055
chapter or another chapter of the Revised Code in any action or	60056
proceeding other than an action commenced under division (I) of	60057
section 3721.17 of the Revised Code. Those results of an	60058
inspection or investigation, that statement of deficiencies, and	60059
the findings and deficiencies cited in that statement shall not be	60060
used in any court or in any action or proceeding that is pending	60061
in any court and are not admissible in evidence in any action or	60062
proceeding unless that action or proceeding is an appeal of an	60063
action by the department of health under this chapter or is an	60064
action by any department or agency of the state to enforce this	60065
chapter or another chapter of the Revised Code.	60066

(2) Nothing in division (E)(1) of this section prohibits the	60067
results of an inspection or investigation conducted under this	60068
section from being used in a criminal investigation or	60069
prosecution.	60070

Sec. 3721.022. (A) As used in this section:

60071

(1) "Nursing facility" has the same meaning as in section	60072
~~5111.20~~5165.01 of the Revised Code.	60073

(2) "Deficiency" and "survey" have the same meanings as in	60074
section ~~5111.35~~5165.60 of the Revised Code.	60075

(3) "Title XIX" and "Title XVIII" have the same meanings as	60076
in section 5165.01 of the Revised Code.	60077

(B) The department of health is hereby designated the state	60078
agency responsible for establishing and maintaining health	60079
standards and serving as the state survey agency for the purposes	60080
of ~~Titles~~Title XVIII and Title XIX ~~of the "Social Security Act,"~~	60081
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~. The department	60082
shall carry out these functions in accordance with the	60083
regulations, guidelines, and procedures issued under ~~Titles~~Title	60084
XVIII and Title XIX by the United States secretary of health and	60085
human services and with sections ~~5111.35~~5165.60 to ~~5111.62~~	60086
5165.89 of the Revised Code. The director of health shall enter	60087
into agreements with regard to these functions with the department	60088
of ~~job and family services~~medicaid and the United States	60089
department of health and human services. The director may also	60090
enter into agreements with the department of ~~job and family~~	60091
~~services~~medicaid under which the department of health is	60092
designated to perform functions under sections ~~5111.35~~5165.60 to	60093
~~5111.62~~5165.89 of the Revised Code.	60094

The director, in accordance with Chapter 119. of the Revised	60095
Code, shall adopt rules necessary to implement the survey and	60096
certification requirements for skilled nursing facilities and	60097
nursing facilities established by the United States secretary of	60098
health and human services under ~~Titles~~Title XVIII and Title XIX	60099
~~of the "Social Security Act,"~~ and the survey requirements	60100
established under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of	60101
the Revised Code. The rules shall include an informal process by	60102
which a facility may obtain up to two reviews of any deficiencies	60103
that have been cited on a statement of deficiencies made by the	60104
department of health under 42 C.F.R. Part 488 and cause the	60105
facility to be in noncompliance as defined in 42 C.F.R. 488.301.	60106
The first review shall be conducted by an employee of the	60107
department who did not participate in and was not otherwise	60108
involved in any way with the survey. A facility that is not	60109
satisfied with the results of a first review may receive a second	60110
review on payment of a fee to the department. The amount of the	60111
fee shall be specified in rules adopted under this section. The	60112
fee shall be deposited into the state treasury to the credit of	60113
the general operations fund created in section 3701.83 of the	60114
Revised Code for use in the implementation of this section. The	60115
second review shall be conducted by either of the following as	60116
selected by the facility: a hearing officer employed by the	60117
department or a hearing officer included on a list the department	60118
shall provide the facility. A final determination that any	60119
deficiency citation is unjustified shall be reflected clearly in	60120
all records relating to the survey.	60121

The director need not adopt as rules any of the regulations,	60122
guidelines, or procedures issued under ~~Titles~~Title XVIII and	60123
Title XIX ~~of the "Social Security Act"~~ by the United States	60124
secretary of health and human services.	60125

Sec. 3721.024. As used in this section, "nursing facility"	60126
has the same meaning as in section ~~5111.20~~5165.01 of the Revised	60127
Code.	60128

The department of health may establish a program of	60129
recognition of nursing facilities that provide the highest quality	60130
care to residents who are medicaid recipients ~~of medical~~	60131
~~assistance under Chapter 5111. of the Revised Code~~. The program	60132
may be funded with public funds appropriated by the general	60133
assembly for the purpose of the program or any funds appropriated	60134
for nursing home licensure.	60135

Sec. 3721.027. (A) As used in this section, "survey" has the	60136
same meaning as in section 5165.60 of the Revised Code.	60137

(B) The department of health shall investigate within ten	60138
working days after referral, in accordance with procedures and	60139
criteria to be established by the department of health and the	60140
department of aging, any unresolved complaint that the office of	60141
the state long-term care ~~ombudsperson~~ombudsman has investigated	60142
and found to be valid and refers to the department of health. This	60143
requirement does not supersede federal requirements for survey	60144
agency complaint investigations.	60145

Sec. 3721.042. The director of health may not deny a nursing	60146
home license to a facility seeking a license under this chapter as	60147
a nursing home on the grounds that the facility does not satisfy a	60148
requirement established in rules adopted under section 3721.04 of	60149
the Revised Code regarding the toilet rooms and dining and	60150
recreational areas of nursing homes if all of the following	60151
requirements are met:	60152

(A) The facility seeks a license under this chapter because	60153
it is a county home or district home being sold under section	60154
5155.31 of the Revised Code to a person who may not operate the	60155
facility without a nursing home license under this chapter.	60156

(B) The requirement would not have applied to the facility	60157
had the facility been a nursing home first licensed under this	60158
chapter before October 20, 2001.	60159

(C) The facility was a nursing facility, as defined in	60160
section ~~5111.20~~5165.01 of the Revised Code, on the date	60161
immediately preceding the date the facility is sold to the person	60162
seeking the license.	60163

Sec. 3721.071. The buildings in which a home is housed shall	60164
be equipped with both an automatic fire extinguishing system and	60165
fire alarm system. Such systems shall conform to standards set	60166
forth in the regulations of the board of building standards and	60167
the state fire marshal.	60168

The time for compliance with the requirements imposed by this	60169
section shall be January 1, 1975, except that the date for	60170
compliance with the automatic fire extinguishing requirements is	60171
extended to January 1, 1976, provided the buildings of the home	60172
are otherwise in compliance with fire safety laws and regulations	60173
and:	60174

(A) The home within thirty days after August 4, 1975, files a	60175
written plan with the state fire marshal's office that:	60176

(1) Outlines the interim safety procedures which shall be	60177
carried out to reduce the possibility of a fire;	60178

(2) Provides evidence that the home has entered into an	60179
agreement for a fire safety inspection to be conducted not less	60180
than monthly by a qualified independent safety engineer consultant	60181
or a township, municipal, or other legally constituted fire	60182
department, or by a township or municipal fire prevention officer;	60183

(3) Provides verification that the home has entered into a	60184
valid contract for the installation of an automatic fire	60185
extinguishing system or fire alarm system, or both, as required to	60186
comply with this section;	60187

(4) Includes a statement regarding the expected date for the	60188
completion of the fire extinguishing system or fire alarm system,	60189
or both.	60190

(B) Inspections by a qualified independent safety engineer	60191
consultant or a township, municipal, or other legally constituted	60192
fire department, or by a township or municipal fire prevention	60193
officer are initiated no later than sixty days after August 4,	60194
1975, and are conducted no less than monthly thereafter, and	60195
reports of the consultant, fire department, or fire prevention	60196
officer identifying existing hazards and recommended corrective	60197
actions are submitted to the state fire marshal, the division of	60198
industrial compliance in the department of commerce, and the	60199
department of health.	60200

It is the express intent of the general assembly that the	60201
department of ~~job and family services~~medicaid shall terminate	60202
~~payments under Title XIX of the "Social Security Act," 49 Stat.~~	60203
~~620 (1935), 42 U.S.C. 301, as amended, to~~the medicaid provider	60204
agreements of those homes ~~which~~that do not comply with the	60205
requirements of this section for the submission of a written fire	60206
safety plan and the deadline for entering into contracts for the	60207
installation of systems.	60208

Sec. 3721.072. (A) As used in this section:

60209

(1) "Advance care planning" means providing each nursing home	60210
resident, or the resident's sponsor if the resident is unable to	60211
participate, on admission to the nursing home and quarterly	60212
thereafter, with the opportunity to discuss the resident's care	60213
goals.	60214

(2) "Overhead paging" means sending audible announcements via	60215
an electronic sound amplification and distribution system	60216
throughout part or all of a nursing home to staff, residents,	60217
residents' families, or others.	60218

(3) "Quality improvement project" means a project listed by	60219
the department of aging under the nursing home quality initiative	60220
established under section 173.60 of the Revised Code.	60221

(B) Beginning July 1, 2013, each nursing home shall	60222
participate in at least one quality improvement project each year.	60223
Each nursing facility shall select the project in which it will	60224
participate from the list the department of aging makes available	60225
pursuant to section 173.60 of the Revised Code.	60226

(C) Beginning July 1, 2015, each nursing home shall	60227
participate in advance care planning with all residents or their	60228
sponsors.	60229

(D) Beginning July 1, 2015, each nursing home shall prohibit	60230
the use of overhead paging within the nursing home, except that	60231
the nursing home may permit the use of overhead paging for matters	60232
of urgent public safety or urgent clinical operations and in	60233
accordance with the preferences of the nursing home's residents.	60234
The nursing home shall develop a written policy regarding its use	60235
of overhead paging and make the policy available to staff,	60236
residents, and residents' families.	60237

Sec. 3721.08. (A) As used in this section, "real and present	60238
danger" means imminent danger of serious physical or	60239
life-threatening harm to one or more occupants of a home.	60240

(B) The director of health may petition the court of common	60241
pleas of the county in which the home is located for an order	60242
enjoining any person from operating a home without a license or	60243
enjoining a county home or district home that has had its license	60244
revoked from continuing to operate. The court shall have	60245
jurisdiction to grant such injunctive relief upon a showing that	60246
the respondent named in the petition is operating a home without a	60247
license or that the county home or district home named in the	60248
petition is operating despite the revocation of its license. The	60249
court shall have jurisdiction to grant such injunctive relief	60250
against the operation of a home without a valid license regardless	60251
of whether the home meets essential licensing requirements.	60252

(C) Unless the department of ~~job and family services~~medicaid	60253
or contracting agency has taken action under section ~~5111.51~~	60254
5165.77 of the Revised Code to appoint a temporary manager or seek	60255
injunctive relief, if, in the judgment of the director of health,	60256
real and present danger exists at any home, the director may	60257
petition the court of common pleas of the county in which the home	60258
is located for such injunctive relief as is necessary to close the	60259
home, transfer one or more occupants to other homes or other	60260
appropriate care settings, or otherwise eliminate the real and	60261
present danger. The court shall have the jurisdiction to grant	60262
such injunctive relief upon a showing that there is real and	60263
present danger.	60264

(D)(1) If the director determines that real and present	60265
danger exists at a home and elects not to immediately seek	60266
injunctive relief under division (C) of this section, the director	60267
may give written notice of proposed action to the home. The notice	60268
shall specify all of the following:	60269

(a) The nature of the conditions giving rise to the real and	60270
present danger;	60271

(b) The measures that the director determines the home must	60272
take to respond to the conditions;	60273

(c) The date on which the director intends to seek injunctive	60274
relief under division (C) of this section if the director	60275
determines that real and present danger exists at the home.	60276

(2) If the home notifies the director, within the time	60277
specified pursuant to division (D)(1)(c) of this section, that it	60278
believes the conditions giving rise to the real and present danger	60279
have been substantially corrected, the director shall conduct an	60280
inspection to determine whether real and present danger exists. If	60281
the director determines on the basis of the inspection that real	60282
and present danger exists, the director may petition under	60283
division (C) of this section for injunctive relief.	60284

(E)(1) If in the judgment of the director of health	60285
conditions exist at a home that will give rise to real and present	60286
danger if not corrected, the director shall give written notice of	60287
proposed action to the home. The notice shall specify all of the	60288
following:	60289

(a) The nature of the conditions giving rise to the	60290
director's judgment;	60291

(b) The measures that the director determines the home must	60292
take to respond to the conditions;	60293

(c) The date, which shall be no less than ten days after the	60294
notice is delivered, on which the director intends to seek	60295
injunctive relief under division (C) of this section if the	60296
conditions are not substantially corrected and the director	60297
determines that a real and present danger exists.	60298

(2) If the home notifies the director, within the period of	60299
time specified pursuant to division (E)(1)(c) of this section,	60300
that the conditions giving rise to the director's determination	60301
have been substantially corrected, the director shall conduct an	60302
inspection. If the director determines on the basis of the	60303
inspection that the conditions have not been corrected and a real	60304
and present danger exists, the director may petition under	60305
division (C) of this section for injunctive relief.	60306

(F)(1) A court that grants injunctive relief under division	60307
(C) of this section may also appoint a special master who, subject	60308
to division (F)(2) of this section, shall have such powers and	60309
authority over the home and length of appointment as the court	60310
considers necessary. Subject to division (F)(2) of this section,	60311
the salary of a special master and any costs incurred by a special	60312
master shall be the obligation of the home.	60313

(2) No special master shall enter into any employment	60314
contract on behalf of a home, or purchase with the home's funds	60315
any capital goods totaling more than ten thousand dollars, unless	60316
the special master has obtained approval for the contract or	60317
purchase from the home's operator or the court.	60318

(G) If the director takes action under division (C), (D), or	60319
(E) of this section, the director may also appoint employees of	60320
the department of health to conduct on-site monitoring of the	60321
home. Appointment of monitors is not subject to appeal under	60322
Chapter 119. or any other section of the Revised Code. No employee	60323
of a home for which monitors are appointed, no person employed by	60324
the home within the previous two years, and no person who	60325
currently has a consulting contract with the department or a home,	60326
shall be appointed under this division. Every monitor shall have	60327
the professional qualifications necessary to monitor correction of	60328
the conditions that give rise to or, in the director's judgment,	60329
will give rise to real and present danger. The number of monitors	60330
present at a home at any given time shall not exceed one for every	60331
fifty residents, or fraction thereof.	60332

(H) On finding that the real and present danger for which	60333
injunctive relief was granted under division (C) of this section	60334
has been eliminated and that the home's operator has demonstrated	60335
the capacity to prevent the real and present danger from	60336
recurring, the court shall terminate its jurisdiction over the	60337
home and return control and management of the home to the	60338
operator. If the real and present danger cannot be eliminated	60339
practicably within a reasonable time following appointment of a	60340
special master, the court may order the special master to close	60341
the home and transfer all residents to other homes or other	60342
appropriate care settings.	60343

(I) The director of health shall give notice of proposed	60344
action under divisions (D) and (E) of this section to both of the	60345
following:	60346

(1) The home's administrator;

60347

(2) If the home is operated by an organization described in	60348
subsection 501(c)(3) and tax exempt under subsection 501(a) of the	60349
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	60350
amended, the board of trustees of the organization; or, if the	60351
home is not operated by such an organization, the owner of the	60352
home.	60353

Notices shall be delivered by certified mail or hand	60354
delivery. If notices are mailed, they shall be addressed to the	60355
persons specified in divisions (I)(1) and (2) of this section, as	60356
indicated in the department of health's records. If they are hand	60357
delivered, they shall be delivered to persons who would reasonably	60358
appear to the average prudent person to have authority to accept	60359
them.	60360

(J) If ownership of a home is assigned or transferred to a	60361
different person, the new owner is responsible and liable for	60362
compliance with any notice of proposed action or order issued	60363
under this section prior to the effective date of the assignment	60364
or transfer.	60365

Sec. 3721.10. As used in sections 3721.10 to 3721.18 of the	60366
Revised Code:	60367

(A) "Home" means all of the following:

60368

(1) A home as defined in section 3721.01 of the Revised Code;

60369

(2) Any facility or part of a facility not defined as a home	60370
under section 3721.01 of the Revised Code that is ~~certified as~~ a	60371
skilled nursing facility ~~under Title XVIII of the "Social Security~~	60372
~~Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395 and 1396, as amended,~~	60373
~~or as a~~or nursing facility, both as defined in section ~~5111.20~~	60374
5165.01 of the Revised Code;	60375

(3) A county home or district home operated pursuant to	60376
Chapter 5155. of the Revised Code.	60377

(B) "Resident" means a resident or a patient of a home.

60378

60379

(1) With respect to a home as defined in section 3721.01 of	60380
the Revised Code, a nursing home administrator as defined in	60381
section 4751.01 of the Revised Code;	60382

(2) With respect to a facility or part of a facility not	60383
defined as a home in section 3721.01 of the Revised Code that is	60384
authorized to provide skilled nursing facility or nursing facility	60385
services, the administrator of the facility or part of a facility;	60386

(3) With respect to a county home or district home, the	60387
superintendent appointed under Chapter 5155. of the Revised Code.	60388

(D) "Sponsor" means an adult relative, friend, or guardian of	60389
a resident who has an interest or responsibility in the resident's	60390
welfare.	60391

(E) "Residents' rights advocate" means:

60392

(1) An employee or representative of any state or local	60393
government entity that has a responsibility regarding residents	60394
and that has registered with the department of health under	60395
division (B) of section 3701.07 of the Revised Code;	60396

(2) An employee or representative of any private nonprofit	60397
corporation or association that qualifies for tax-exempt status	60398
under section 501(a) of the "Internal Revenue Code of 1986," 100	60399
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	60400
with the department of health under division (B) of section	60401
3701.07 of the Revised Code and whose purposes include educating	60402
and counseling residents, assisting residents in resolving	60403
problems and complaints concerning their care and treatment, and	60404
assisting them in securing adequate services to meet their needs;	60405

(3) A member of the general assembly.

60406

(F) "Physical restraint" means, but is not limited to, any	60407
article, device, or garment that interferes with the free movement	60408
of the resident and that the resident is unable to remove easily,	60409
a geriatric chair, or a locked room door.	60410

(G) "Chemical restraint" means any medication bearing the	60411
American hospital formulary service therapeutic class ~~4.00~~4:00,	60412
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	60413
central nervous system in a manner that limits physical and	60414
cognitive functioning to the degree that the resident cannot	60415
attain the resident's highest practicable physical, mental, and	60416
psychosocial well-being.	60417

(H) "Ancillary service" means, but is not limited to,	60418
podiatry, dental, hearing, vision, physical therapy, occupational	60419
therapy, speech therapy, and psychological and social services.	60420

(I) "Facility" means a facility, or part of a facility,	60421
certified as a nursing facility or skilled nursing facility ~~under~~	60422
~~Title XVIII or Title XIX of the "Social Security Act~~, both as	60423
defined in section 5165.01 of the Revised Code." "Facility" does	60424
not include an intermediate care facility for the mentally	60425
retarded, as defined in section ~~5111.20~~5124.01 of the Revised	60426
Code.	60427

~~(J) "Medicare" means the program established by Title XVIII~~	60428
~~of the "Social Security Act."~~	60429

~~(K) "Medicaid" means the program established by Title XIX of~~	60430
~~the "Social Security Act" and Chapter 5111. of the Revised Code.~~	60431

Sec. 3721.12. (A) The administrator of a home shall:

60432

(1) With the advice of residents, their sponsors, or both,	60433
establish and review at least annually, written policies regarding	60434
the applicability and implementation of residents' rights under	60435
sections 3721.10 to 3721.17 of the Revised Code, the	60436
responsibilities of residents regarding the rights, and the home's	60437
grievance procedure established under division (A)(2) of this	60438
section. The administrator is responsible for the development of,	60439
and adherence to, procedures implementing the policies.	60440

(2) Establish a grievance committee for review of complaints	60441
by residents. The grievance committee shall be comprised of the	60442
home's staff and residents, sponsors, or outside representatives	60443
in a ratio of not more than one staff member to every two	60444
residents, sponsors, or outside representatives.	60445

(3) Furnish to each resident and sponsor prior to or at the	60446
time of admission, and to each member of the home's staff, at	60447
least one of each of the following:	60448

(a) A copy of the rights established under sections 3721.10	60449
to 3721.17 of the Revised Code;	60450

(b) A written explanation of the provisions of sections	60451
3721.16 to 3721.162 of the Revised Code;	60452

(c) A copy of the home's policies and procedures established	60453
under this section;	60454

(d) A copy of the home's rules;

60455

(e) A copy of the addresses and telephone numbers of the	60456
board of health of the health district of the county in which the	60457
home is located, the county department of job and family services	60458
of the county in which the home is located, the state departments	60459
of health and ~~job and family services~~medicaid, the state and	60460
local offices of the department of aging, and any Ohio nursing	60461
home ~~ombudsperson~~ombudsman program.	60462

(B) Written acknowledgment of the receipt of copies of the	60463
materials listed in this section shall be made part of the	60464
resident's record and the staff member's personnel record.	60465

(C) The administrator shall post all of the following	60466
prominently within the home:	60467

(1) A copy of the rights of residents as listed in division	60468
(A) of section 3721.13 of the Revised Code;	60469

(2) A copy of the home's rules and its policies and	60470
procedures regarding the rights and responsibilities of residents;	60471

(3) A notice that a copy of this chapter, rules of the	60472
department of health applicable to the home, and federal	60473
regulations adopted under the medicare and medicaid programs, and	60474
the materials required to be available in the home under section	60475
3721.021 of the Revised Code, are available for inspection in the	60476
home at reasonable hours;	60477

(4) A list of residents' rights advocates;

60478

(5) A notice that the following are available in a place	60479
readily accessible to residents:	60480

(a) If the home is licensed under section 3721.02 of the	60481
Revised Code, a copy of the most recent licensure inspection	60482
report prepared for the home under that section;	60483

(b) If the home is a facility, a copy of the most recent	60484
statement of deficiencies issued to the home under section ~~5111.42~~	60485
5165.68 of the Revised Code.	60486

(D) The administrator of a home may, with the advice of	60487
residents, their sponsors, or both, establish written policies	60488
regarding the applicability and administration of any additional	60489
residents' rights beyond those set forth in sections 3721.10 to	60490
3721.17 of the Revised Code, and the responsibilities of residents	60491
regarding the rights. Policies established under this division	60492
shall be reviewed, and procedures developed and adhered to as in	60493
division (A)(1) of this section.	60494

Sec. 3721.121. (A) As used in this section:

60495

(1) "Adult day-care program" means a program operated	60496
pursuant to rules adopted by the director of health under section	60497
3721.04 of the Revised Code and provided by and on the same site	60498
as homes licensed under this chapter.	60499

(2) "Applicant" means a person who is under final	60500
consideration for employment with a home or adult day-care program	60501
in a full-time, part-time, or temporary position that involves	60502
providing direct care to an older adult. "Applicant" does not	60503
include a person who provides direct care as a volunteer without	60504
receiving or expecting to receive any form of remuneration other	60505
than reimbursement for actual expenses.	60506

(3) "Community-based long-term care services provider" means	60507
a provider as defined in section 173.39 of the Revised Code.	60508

(4) "Criminal records check" has the same meaning as in	60509
section 109.572 of the Revised Code.	60510

~~(4)~~(5) "Home" means a home as defined in section 3721.10 of	60511
the Revised Code.	60512

~~(5)~~(6) "Older adult" means a person age sixty or older.

60513

(B)(1) Except as provided in division (I) of this section,	60514
the chief administrator of a home or adult day-care program shall	60515
request that the superintendent of the bureau of criminal	60516
identification and investigation conduct a criminal records check	60517
of each applicant. If an applicant for whom a criminal records	60518
check request is required under this division does not present	60519
proof of having been a resident of this state for the five-year	60520
period immediately prior to the date the criminal records check is	60521
requested or provide evidence that within that five-year period	60522
the superintendent has requested information about the applicant	60523
from the federal bureau of investigation in a criminal records	60524
check, the chief administrator shall request that the	60525
superintendent obtain information from the federal bureau of	60526
investigation as part of the criminal records check of the	60527
applicant. Even if an applicant for whom a criminal records check	60528
request is required under this division presents proof of having	60529
been a resident of this state for the five-year period, the chief	60530
administrator may request that the superintendent include	60531
information from the federal bureau of investigation in the	60532
criminal records check.	60533

(2) A person required by division (B)(1) of this section to	60534
request a criminal records check shall do both of the following:	60535

(a) Provide to each applicant for whom a criminal records	60536
check request is required under that division a copy of the form	60537
prescribed pursuant to division (C)(1) of section 109.572 of the	60538
Revised Code and a standard fingerprint impression sheet	60539
prescribed pursuant to division (C)(2) of that section, and obtain	60540
the completed form and impression sheet from the applicant;	60541

(b) Forward the completed form and impression sheet to the	60542
superintendent of the bureau of criminal identification and	60543
investigation.	60544

(3) An applicant provided the form and fingerprint impression	60545
sheet under division (B)(2)(a) of this section who fails to	60546
complete the form or provide fingerprint impressions shall not be	60547
employed in any position for which a criminal records check is	60548
required by this section.	60549

(C)(1) Except as provided in rules adopted by the director of	60550
health in accordance with division (F) of this section and subject	60551
to division (C)(2) of this section, no home or adult day-care	60552
program shall employ a person in a position that involves	60553
providing direct care to an older adult if the person has been	60554
convicted of or pleaded guilty to any of the following:	60555

(a) A violation of section 2903.01, 2903.02, 2903.03,	60556
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	60557
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	60558
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	60559
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	60560
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	60561
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	60562
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	60563
2925.22, 2925.23, or 3716.11 of the Revised Code.	60564

(b) A violation of an existing or former law of this state,	60565
any other state, or the United States that is substantially	60566
equivalent to any of the offenses listed in division (C)(1)(a) of	60567
this section.	60568

(2)(a) A home or an adult day-care program may employ	60569
conditionally an applicant for whom a criminal records check	60570
request is required under division (B) of this section prior to	60571
obtaining the results of a criminal records check regarding the	60572
individual, provided that the home or program shall request a	60573
criminal records check regarding the individual in accordance with	60574
division (B)(1) of this section not later than five business days	60575
after the individual begins conditional employment. In the	60576
circumstances described in division (I)(2) of this section, a home	60577
or adult day-care program may employ conditionally an applicant	60578
who has been referred to the home or adult day-care program by an	60579
employment service that supplies full-time, part-time, or	60580
temporary staff for positions involving the direct care of older	60581
adults and for whom, pursuant to that division, a criminal records	60582
check is not required under division (B) of this section.	60583

(b) A home or adult day-care program that employs an	60584
individual conditionally under authority of division (C)(2)(a) of	60585
this section shall terminate the individual's employment if the	60586
results of the criminal records check requested under division (B)	60587
of this section or described in division (I)(2) of this section,	60588
other than the results of any request for information from the	60589
federal bureau of investigation, are not obtained within the	60590
period ending thirty days after the date the request is made.	60591
Regardless of when the results of the criminal records check are	60592
obtained, if the results indicate that the individual has been	60593
convicted of or pleaded guilty to any of the offenses listed or	60594
described in division (C)(1) of this section, the home or program	60595
shall terminate the individual's employment unless the home or	60596
program chooses to employ the individual pursuant to division (F)	60597
of this section. Termination of employment under this division	60598
shall be considered just cause for discharge for purposes of	60599
division (D)(2) of section 4141.29 of the Revised Code if the	60600
individual makes any attempt to deceive the home or program about	60601
the individual's criminal record.	60602

(D)(1) Each home or adult day-care program shall pay to the	60603
bureau of criminal identification and investigation the fee	60604
prescribed pursuant to division (C)(3) of section 109.572 of the	60605
Revised Code for each criminal records check conducted pursuant to	60606
a request made under division (B) of this section.	60607

(2) A home or adult day-care program may charge an applicant	60608
a fee not exceeding the amount the home or program pays under	60609
division (D)(1) of this section. A home or program may collect a	60610
fee only if both of the following apply:	60611

(a) The home or program notifies the person at the time of	60612
initial application for employment of the amount of the fee and	60613
that, unless the fee is paid, the person will not be considered	60614
for employment;	60615

(b) The ~~medical assistance~~medicaid program ~~established under~~	60616
~~Chapter 5111. of the Revised Code~~ does not reimburse the home or	60617
program the fee it pays under division (D)(1) of this section.	60618

(E) The report of any criminal records check conducted	60619
pursuant to a request made under this section is not a public	60620
record for the purposes of section 149.43 of the Revised Code and	60621
shall not be made available to any person other than the	60622
following:	60623

(1) The individual who is the subject of the criminal records	60624
check or the individual's representative;	60625

(2) The chief administrator of the home or program requesting	60626
the criminal records check or the administrator's representative;	60627

(3) The administrator of any other facility, agency, or	60628
program that provides direct care to older adults that is owned or	60629
operated by the same entity that owns or operates the home or	60630
program;	60631

(4) A court, hearing officer, or other necessary individual	60632
involved in a case dealing with a denial of employment of the	60633
applicant or dealing with employment or unemployment benefits of	60634
the applicant;	60635

(5) Any person to whom the report is provided pursuant to,	60636
and in accordance with, division (I)(1) or (2) of this section;	60637

(6) The board of nursing for purposes of accepting and	60638
processing an application for a medication aide certificate issued	60639
under Chapter 4723. of the Revised Code;	60640

(7) The director of aging or the director's designee if the	60641
criminal records check is requested by the chief administrator of	60642
a home that is also a community-based long-term care services	60643
provider.	60644

(F) In accordance with section 3721.11 of the Revised Code,	60645
the director of health shall adopt rules to implement this	60646
section. The rules shall specify circumstances under which a home	60647
or adult day-care program may employ a person who has been	60648
convicted of or pleaded guilty to an offense listed or described	60649
in division (C)(1) of this section but meets personal character	60650
standards set by the director.	60651

(G) The chief administrator of a home or adult day-care	60652
program shall inform each individual, at the time of initial	60653
application for a position that involves providing direct care to	60654
an older adult, that the individual is required to provide a set	60655
of fingerprint impressions and that a criminal records check is	60656
required to be conducted if the individual comes under final	60657
consideration for employment.	60658

(H) In a tort or other civil action for damages that is	60659
brought as the result of an injury, death, or loss to person or	60660
property caused by an individual who a home or adult day-care	60661
program employs in a position that involves providing direct care	60662
to older adults, all of the following shall apply:	60663

(1) If the home or program employed the individual in good	60664
faith and reasonable reliance on the report of a criminal records	60665
check requested under this section, the home or program shall not	60666
be found negligent solely because of its reliance on the report,	60667
even if the information in the report is determined later to have	60668
been incomplete or inaccurate;	60669

(2) If the home or program employed the individual in good	60670
faith on a conditional basis pursuant to division (C)(2) of this	60671
section, the home or program shall not be found negligent solely	60672
because it employed the individual prior to receiving the report	60673
of a criminal records check requested under this section;	60674

(3) If the home or program in good faith employed the	60675
individual according to the personal character standards	60676
established in rules adopted under division (F) of this section,	60677
the home or program shall not be found negligent solely because	60678
the individual prior to being employed had been convicted of or	60679
pleaded guilty to an offense listed or described in division	60680
(C)(1) of this section.	60681

(I)(1) The chief administrator of a home or adult day-care	60682
program is not required to request that the superintendent of the	60683
bureau of criminal identification and investigation conduct a	60684
criminal records check of an applicant if the applicant has been	60685
referred to the home or program by an employment service that	60686
supplies full-time, part-time, or temporary staff for positions	60687
involving the direct care of older adults and both of the	60688
following apply:	60689

(a) The chief administrator receives from the employment	60690
service or the applicant a report of the results of a criminal	60691
records check regarding the applicant that has been conducted by	60692
the superintendent within the one-year period immediately	60693
preceding the applicant's referral;	60694

(b) The report of the criminal records check demonstrates	60695
that the person has not been convicted of or pleaded guilty to an	60696
offense listed or described in division (C)(1) of this section, or	60697
the report demonstrates that the person has been convicted of or	60698
pleaded guilty to one or more of those offenses, but the home or	60699
adult day-care program chooses to employ the individual pursuant	60700
to division (F) of this section.	60701

(2) The chief administrator of a home or adult day-care	60702
program is not required to request that the superintendent of the	60703
bureau of criminal identification and investigation conduct a	60704
criminal records check of an applicant and may employ the	60705
applicant conditionally as described in this division, if the	60706
applicant has been referred to the home or program by an	60707
employment service that supplies full-time, part-time, or	60708
temporary staff for positions involving the direct care of older	60709
adults and if the chief administrator receives from the employment	60710
service or the applicant a letter from the employment service that	60711
is on the letterhead of the employment service, dated, and signed	60712
by a supervisor or another designated official of the employment	60713
service and that states that the employment service has requested	60714
the superintendent to conduct a criminal records check regarding	60715
the applicant, that the requested criminal records check will	60716
include a determination of whether the applicant has been	60717
convicted of or pleaded guilty to any offense listed or described	60718
in division (C)(1) of this section, that, as of the date set forth	60719
on the letter, the employment service had not received the results	60720
of the criminal records check, and that, when the employment	60721
service receives the results of the criminal records check, it	60722
promptly will send a copy of the results to the home or adult	60723
day-care program. If a home or adult day-care program employs an	60724
applicant conditionally in accordance with this division, the	60725
employment service, upon its receipt of the results of the	60726
criminal records check, promptly shall send a copy of the results	60727
to the home or adult day-care program, and division (C)(2)(b) of	60728
this section applies regarding the conditional employment.	60729

Sec. 3721.13. (A) The rights of residents of a home shall	60730
include, but are not limited to, the following:	60731

(1) The right to a safe and clean living environment pursuant	60732
to the medicare and medicaid programs and applicable state laws	60733
and rules adopted by the director of health;	60734

(2) The right to be free from physical, verbal, mental, and	60735
emotional abuse and to be treated at all times with courtesy,	60736
respect, and full recognition of dignity and individuality;	60737

(3) Upon admission and thereafter, the right to adequate and	60738
appropriate medical treatment and nursing care and to other	60739
ancillary services that comprise necessary and appropriate care	60740
consistent with the program for which the resident contracted.	60741
This care shall be provided without regard to considerations such	60742
as race, color, religion, national origin, age, or source of	60743
payment for care.	60744

(4) The right to have all reasonable requests and inquiries	60745
responded to promptly;	60746

(5) The right to have clothes and bed sheets changed as the	60747
need arises, to ensure the resident's comfort or sanitation;	60748

(6) The right to obtain from the home, upon request, the name	60749
and any specialty of any physician or other person responsible for	60750
the resident's care or for the coordination of care;	60751

(7) The right, upon request, to be assigned, within the	60752
capacity of the home to make the assignment, to the staff	60753
physician of the resident's choice, and the right, in accordance	60754
with the rules and written policies and procedures of the home, to	60755
select as the attending physician a physician who is not on the	60756
staff of the home. If the cost of a physician's services is to be	60757
met under a federally supported program, the physician shall meet	60758
the federal laws and regulations governing such services.	60759

(8) The right to participate in decisions that affect the	60760
resident's life, including the right to communicate with the	60761
physician and employees of the home in planning the resident's	60762
treatment or care and to obtain from the attending physician	60763
complete and current information concerning medical condition,	60764
prognosis, and treatment plan, in terms the resident can	60765
reasonably be expected to understand; the right of access to all	60766
information in the resident's medical record; and the right to	60767
give or withhold informed consent for treatment after the	60768
consequences of that choice have been carefully explained. When	60769
the attending physician finds that it is not medically advisable	60770
to give the information to the resident, the information shall be	60771
made available to the resident's sponsor on the resident's behalf,	60772
if the sponsor has a legal interest or is authorized by the	60773
resident to receive the information. The home is not liable for a	60774
violation of this division if the violation is found to be the	60775
result of an act or omission on the part of a physician selected	60776
by the resident who is not otherwise affiliated with the home.	60777

(9) The right to withhold payment for physician visitation if	60778
the physician did not visit the resident;	60779

(10) The right to confidential treatment of personal and	60780
medical records, and the right to approve or refuse the release of	60781
these records to any individual outside the home, except in case	60782
of transfer to another home, hospital, or health care system, as	60783
required by law or rule, or as required by a third-party payment	60784
contract;	60785

(11) The right to privacy during medical examination or	60786
treatment and in the care of personal or bodily needs;	60787

(12) The right to refuse, without jeopardizing access to	60788
appropriate medical care, to serve as a medical research subject;	60789

(13) The right to be free from physical or chemical	60790
restraints or prolonged isolation except to the minimum extent	60791
necessary to protect the resident from injury to self, others, or	60792
to property and except as authorized in writing by the attending	60793
physician for a specified and limited period of time and	60794
documented in the resident's medical record. Prior to authorizing	60795
the use of a physical or chemical restraint on any resident, the	60796
attending physician shall make a personal examination of the	60797
resident and an individualized determination of the need to use	60798
the restraint on that resident.	60799

Physical or chemical restraints or isolation may be used in	60800
an emergency situation without authorization of the attending	60801
physician only to protect the resident from injury to self or	60802
others. Use of the physical or chemical restraints or isolation	60803
shall not be continued for more than twelve hours after the onset	60804
of the emergency without personal examination and authorization by	60805
the attending physician. The attending physician or a staff	60806
physician may authorize continued use of physical or chemical	60807
restraints for a period not to exceed thirty days, and at the end	60808
of this period and any subsequent period may extend the	60809
authorization for an additional period of not more than thirty	60810
days. The use of physical or chemical restraints shall not be	60811
continued without a personal examination of the resident and the	60812
written authorization of the attending physician stating the	60813
reasons for continuing the restraint.	60814

If physical or chemical restraints are used under this	60815
division, the home shall ensure that the restrained resident	60816
receives a proper diet. In no event shall physical or chemical	60817
restraints or isolation be used for punishment, incentive, or	60818
convenience.	60819

(14) The right to the pharmacist of the resident's choice and	60820
the right to receive pharmaceutical supplies and services at	60821
reasonable prices not exceeding applicable and normally accepted	60822
prices for comparably packaged pharmaceutical supplies and	60823
services within the community;	60824

(15) The right to exercise all civil rights, unless the	60825
resident has been adjudicated incompetent pursuant to Chapter	60826
2111. of the Revised Code and has not been restored to legal	60827
capacity, as well as the right to the cooperation of the home's	60828
administrator in making arrangements for the exercise of the right	60829
to vote;	60830

(16) The right of access to opportunities that enable the	60831
resident, at the resident's own expense or at the expense of a	60832
third-party payer, to achieve the resident's fullest potential,	60833
including educational, vocational, social, recreational, and	60834
habilitation programs;	60835

(17) The right to consume a reasonable amount of alcoholic	60836
beverages at the resident's own expense, unless not medically	60837
advisable as documented in the resident's medical record by the	60838
attending physician or unless contradictory to written admission	60839
policies;	60840

(18) The right to use tobacco at the resident's own expense	60841
under the home's safety rules and under applicable laws and rules	60842
of the state, unless not medically advisable as documented in the	60843
resident's medical record by the attending physician or unless	60844
contradictory to written admission policies;	60845

(19) The right to retire and rise in accordance with the	60846
resident's reasonable requests, if the resident does not disturb	60847
others or the posted meal schedules and upon the home's request	60848
remains in a supervised area, unless not medically advisable as	60849
documented by the attending physician;	60850

(20) The right to observe religious obligations and	60851
participate in religious activities; the right to maintain	60852
individual and cultural identity; and the right to meet with and	60853
participate in activities of social and community groups at the	60854
resident's or the group's initiative;	60855

(21) The right upon reasonable request to private and	60856
unrestricted communications with the resident's family, social	60857
worker, and any other person, unless not medically advisable as	60858
documented in the resident's medical record by the attending	60859
physician, except that communications with public officials or	60860
with the resident's attorney or physician shall not be restricted.	60861
Private and unrestricted communications shall include, but are not	60862
limited to, the right to:	60863

(a) Receive, send, and mail sealed, unopened correspondence;

60864

(b) Reasonable access to a telephone for private	60865
communications;	60866

60867

(22) The right to assured privacy for visits by the spouse,	60868
or if both are residents of the same home, the right to share a	60869
room within the capacity of the home, unless not medically	60870
advisable as documented in the resident's medical record by the	60871
attending physician;	60872

(23) The right upon reasonable request to have room doors	60873
closed and to have them not opened without knocking, except in the	60874
case of an emergency or unless not medically advisable as	60875
documented in the resident's medical record by the attending	60876
physician;	60877

(24) The right to retain and use personal clothing and a	60878
reasonable amount of possessions, in a reasonably secure manner,	60879
unless to do so would infringe on the rights of other residents or	60880
would not be medically advisable as documented in the resident's	60881
medical record by the attending physician;	60882

(25) The right to be fully informed, prior to or at the time	60883
of admission and during the resident's stay, in writing, of the	60884
basic rate charged by the home, of services available in the home,	60885
and of any additional charges related to such services, including	60886
charges for services not covered under the medicare or medicaid	60887
program. The basic rate shall not be changed unless thirty days'	60888
notice is given to the resident or, if the resident is unable to	60889
understand this information, to the resident's sponsor.	60890

(26) The right of the resident and person paying for the care	60891
to examine and receive a bill at least monthly for the resident's	60892
care from the home that itemizes charges not included in the basic	60893
rates;	60894

(27)(a) The right to be free from financial exploitation;

60895

(b) The right to manage the resident's own personal financial	60896
affairs, or, if the resident has delegated this responsibility in	60897
writing to the home, to receive upon written request at least a	60898
quarterly accounting statement of financial transactions made on	60899
the resident's behalf. The statement shall include:	60900

(i) A complete record of all funds, personal property, or	60901
possessions of a resident from any source whatsoever, that have	60902
been deposited for safekeeping with the home for use by the	60903
resident or the resident's sponsor;	60904

(ii) A listing of all deposits and withdrawals transacted,	60905
which shall be substantiated by receipts which shall be available	60906
for inspection and copying by the resident or sponsor.	60907

(28) The right of the resident to be allowed unrestricted	60908
access to the resident's property on deposit at reasonable hours,	60909
unless requests for access to property on deposit are so	60910
persistent, continuous, and unreasonable that they constitute a	60911
nuisance;	60912

(29) The right to receive reasonable notice before the	60913
resident's room or roommate is changed, including an explanation	60914
of the reason for either change.	60915

(30) The right not to be transferred or discharged from the	60916
home unless the transfer is necessary because of one of the	60917
following:	60918

(a) The welfare and needs of the resident cannot be met in	60919
the home.	60920

(b) The resident's health has improved sufficiently so that	60921
the resident no longer needs the services provided by the home.	60922

60923

(d) The health of individuals in the home would otherwise be	60924
endangered.	60925

(e) The resident has failed, after reasonable and appropriate	60926
notice, to pay or to have the medicare or medicaid program pay on	60927
the resident's behalf, for the care provided by the home. A	60928
resident shall not be considered to have failed to have the	60929
resident's care paid for if the resident has applied for medicaid,	60930
unless both of the following are the case:	60931

(i) The resident's application, or a substantially similar	60932
previous application, has been denied ~~by the county department of~~	60933
~~job and family services~~.	60934

(ii) If the resident appealed the denial ~~pursuant to division~~	60935
~~(C) of section 5101.35 of the Revised Code~~, ~~the director of job~~	60936
~~and family services has upheld~~ the denial was upheld.	60937

(f) The home's license has been revoked, the home is being	60938
closed pursuant to section 3721.08, sections ~~5111.35~~5165.60 to	60939
~~5111.62~~5165.89, or section 5155.31 of the Revised Code, or the	60940
home otherwise ceases to operate.	60941

(g) The resident is a recipient of medicaid, and the home's	60942
participation in the medicaid program is involuntarily terminated	60943
or denied.	60944

(h) The resident is a beneficiary under the medicare program,	60945
and the home's participation in the medicare program is	60946
involuntarily terminated or denied.	60947

(31) The right to voice grievances and recommend changes in	60948
policies and services to the home's staff, to employees of the	60949
department of health, or to other persons not associated with the	60950
operation of the home, of the resident's choice, free from	60951
restraint, interference, coercion, discrimination, or reprisal.	60952
This right includes access to a residents' rights advocate, and	60953
the right to be a member of, to be active in, and to associate	60954
with persons who are active in organizations of relatives and	60955
friends of nursing home residents and other organizations engaged	60956
in assisting residents.	60957

(32) The right to have any significant change in the	60958
resident's health status reported to the resident's sponsor. As	60959
soon as such a change is known to the home's staff, the home shall	60960
make a reasonable effort to notify the sponsor within twelve	60961
hours.	60962

(B) A sponsor may act on a resident's behalf to assure that	60963
the home does not deny the residents' rights under sections	60964
3721.10 to 3721.17 of the Revised Code.	60965

(C) Any attempted waiver of the rights listed in division (A)	60966
of this section is void.	60967

Sec. 3721.14. To assist in the implementation of the rights	60968
granted in division (A) of section 3721.13 of the Revised Code,	60969
each home shall provide:	60970

(A) Appropriate staff training to implement each resident's	60971
rights under division (A) of section 3721.13 of the Revised Code,	60972
including, but not limited to, explaining:	60973

(1) The resident's rights and the staff's responsibility in	60974
the implementation of the rights;	60975

(2) The staff's obligation to provide all residents who have	60976
similar needs with comparable service.	60977

(B) Arrangements for a resident's needed ancillary services;

60978

(C) Protected areas outside the home for residents to enjoy	60979
outdoor activity, within the capacity of the facility, consistent	60980
with applicable laws and rules;	60981

(D) Adequate indoor space, which need not be dedicated to	60982
that purpose, for families of residents to meet privately with	60983
families of other residents;	60984

(E) Access to the following persons to enter the home during	60985
reasonable hours, except where such access would interfere with	60986
resident care or the privacy of residents:	60987

(1) Employees of the department of health, department of	60988
~~mental health~~mental health and addiction services, department of	60989
developmental disabilities, department of aging, department of job	60990
and family services, and county departments of job and family	60991
services;	60992

(2) Prospective residents and their sponsors;

60993

(3) A resident's sponsors;

60994

(4) Residents' rights advocates;

60995

(5) A resident's attorney;

60996

(6) A minister, priest, rabbi, or other person ministering to	60997
a resident's religious needs.	60998

(F) In writing, a description of the home's grievance	60999
procedures.	61000

Sec. 3721.15. (A) Authorization from a resident or a sponsor	61001
with a power of attorney for a home to manage the resident's	61002
financial affairs shall be in writing and shall be attested to by	61003
a witness who is not connected in any manner whatsoever with the	61004
home or its administrator. The home shall maintain accounts	61005
pursuant to division (A)(27) of section 3721.13 of the Revised	61006
Code. Upon the resident's transfer, discharge, or death, the	61007
account shall be closed and a final accounting made. All remaining	61008
funds shall be returned to the resident or resident's sponsor,	61009
except in the case of death, when all remaining funds shall be	61010
transferred or used in accordance with section ~~5111.113~~5162.22 of	61011
the Revised Code.	61012

(B) A home that manages a resident's financial affairs shall	61013
deposit the resident's funds in excess of one hundred dollars, and	61014
may deposit the resident's funds that are one hundred dollars or	61015
less, in an interest-bearing account separate from any of the	61016
home's operating accounts. Interest earned on the resident's funds	61017
shall be credited to the resident's account. A resident's funds	61018
that are one hundred dollars or less and have not been deposited	61019
in an interest-bearing account may be deposited in a	61020
noninterest-bearing account or petty cash fund.	61021

(C) Each resident whose financial affairs are managed by a	61022
home shall be promptly notified by the home when the total of the	61023
amount of funds in the resident's accounts and the petty cash fund	61024
plus other nonexempt resources reaches two hundred dollars less	61025
than the maximum amount permitted a recipient of medicaid. The	61026
notice shall include an explanation of the potential effect on the	61027
resident's eligibility for medicaid if the amount in the	61028
resident's accounts and the petty cash fund, plus the value of	61029
other nonexempt resources, exceeds the maximum assets a medicaid	61030
recipient may retain.	61031

(D) Each home that manages the financial affairs of residents	61032
shall purchase a surety bond or otherwise provide assurance	61033
satisfactory to the director of health, or, in the case of a home	61034
that participates in the medicaid program, to the medicaid	61035
director ~~of job and family services~~, to assure the security of all	61036
residents' funds managed by the home.	61037

Sec. 3721.16. For each resident of a home, notice of a	61038
proposed transfer or discharge shall be in accordance with this	61039
section.	61040

(A)(1) The administrator of a home shall notify a resident in	61041
writing, and the resident's sponsor in writing by certified mail,	61042
return receipt requested, in advance of any proposed transfer or	61043
discharge from the home. The administrator shall send a copy of	61044
the notice to the state department of health. The notice shall be	61045
provided at least thirty days in advance of the proposed transfer	61046
or discharge, unless any of the following applies:	61047

(a) The resident's health has improved sufficiently to allow	61048
a more immediate discharge or transfer to a less skilled level of	61049
care;	61050

(b) The resident has resided in the home less than thirty	61051
days;	61052

(c) An emergency arises in which the safety of individuals in	61053
the home is endangered;	61054

(d) An emergency arises in which the health of individuals in	61055
the home would otherwise be endangered;	61056

(e) An emergency arises in which the resident's urgent	61057
medical needs necessitate a more immediate transfer or discharge.	61058

In any of the circumstances described in divisions (A)(1)(a)	61059
to (e) of this section, the notice shall be provided as many days	61060
in advance of the proposed transfer or discharge as is	61061
practicable.	61062

(2) The notice required under division (A)(1) of this section	61063
shall include all of the following:	61064

(a) The reasons for the proposed transfer or discharge;

61065

(b) The proposed date the resident is to be transferred or	61066
discharged;	61067

(c) Subject to division (A)(3) of this section, a proposed	61068
location to which the resident may relocate and a notice that the	61069
resident and resident's sponsor may choose another location to	61070
which the resident will relocate;	61071

(d) Notice of the right of the resident and the resident's	61072
sponsor to an impartial hearing at the home on the proposed	61073
transfer or discharge, and of the manner in which and the time	61074
within which the resident or sponsor may request a hearing	61075
pursuant to section 3721.161 of the Revised Code;	61076

(e) A statement that the resident will not be transferred or	61077
discharged before the date specified in the notice unless the home	61078
and the resident or, if the resident is not competent to make a	61079
decision, the home and the resident's sponsor, agree to an earlier	61080
date;	61081

(f) The address of the legal services office of the	61082
department of health;	61083

(g) The name, address, and telephone number of a	61084
representative of the state long-term care ~~ombudsperson~~ombudsman	61085
program and, if the resident or patient has a developmental	61086
disability or mental illness, the name, address, and telephone	61087
number of the Ohio protection and advocacy system.	61088

(3) The proposed location to which a resident may relocate as	61089
specified pursuant to division (A)(2)(c) of this section in the	61090
proposed transfer or discharge notice shall be capable of meeting	61091
the resident's health-care and safety needs. The proposed location	61092
for relocation need not have accepted the resident at the time the	61093
notice is issued to the resident and resident's sponsor.	61094

(B) No home shall transfer or discharge a resident before the	61095
date specified in the notice required by division (A) of this	61096
section unless the home and the resident or, if the resident is	61097
not competent to make a decision, the home and the resident's	61098
sponsor, agree to an earlier date.	61099

(C) Transfer or discharge actions shall be documented in the	61100
resident's medical record by the home if there is a medical basis	61101
for the action.	61102

(D) A resident or resident's sponsor may challenge a transfer	61103
or discharge by requesting an impartial hearing pursuant to	61104
section 3721.161 of the Revised Code, unless the transfer or	61105
discharge is required because of one of the following reasons:	61106

(1) The home's license has been revoked under this chapter;

61107

(2) The home is being closed pursuant to section 3721.08,	61108
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89, or section 5155.31 of	61109
the Revised Code;	61110

(3) The resident is a recipient of medicaid and the home's	61111
participation in the medicaid program has been involuntarily	61112
terminated or denied by the federal government;	61113

(4) The resident is a beneficiary under the medicare program	61114
and the home's certification under the medicare program has been	61115
involuntarily terminated or denied by the federal government.	61116

(E) If a resident is transferred or discharged pursuant to	61117
this section, the home from which the resident is being	61118
transferred or discharged shall provide the resident with adequate	61119
preparation prior to the transfer or discharge to ensure a safe	61120
and orderly transfer or discharge from the home, and the home or	61121
alternative setting to which the resident is to be transferred or	61122
discharged shall have accepted the resident for transfer or	61123
discharge.	61124

(F) At the time of a transfer or discharge of a resident who	61125
is a recipient of medicaid from a home to a hospital or for	61126
therapeutic leave, the home shall provide notice in writing to the	61127
resident and in writing by certified mail, return receipt	61128
requested, to the resident's sponsor, specifying the number of	61129
days, if any, during which the resident will be permitted under	61130
the medicaid program to return and resume residence in the home	61131
and specifying the medicaid program's coverage of the days during	61132
which the resident is absent from the home. An individual who is	61133
absent from a home for more than the number of days specified in	61134
the notice and continues to require the services provided by the	61135
facility shall be given priority for the first available bed in a	61136
semi-private room.	61137

Sec. 3721.17. (A) Any resident who believes that the	61138
resident's rights under sections 3721.10 to 3721.17 of the Revised	61139
Code have been violated may file a grievance under procedures	61140
adopted pursuant to division (A)(2) of section 3721.12 of the	61141
Revised Code.	61142

When the grievance committee determines a violation of	61143
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	61144
shall notify the administrator of the home. If the violation	61145
cannot be corrected within ten days, or if ten days have elapsed	61146
without correction of the violation, the grievance committee shall	61147
refer the matter to the department of health.	61148

(B) Any person who believes that a resident's rights under	61149
sections 3721.10 to 3721.17 of the Revised Code have been violated	61150
may report or cause reports to be made of the information directly	61151
to the department of health. No person who files a report is	61152
liable for civil damages resulting from the report.	61153

(C)(1) Within thirty days of receiving a complaint under this	61154
section, the department of health shall investigate any complaint	61155
referred to it by a home's grievance committee and any complaint	61156
from any source that alleges that the home provided substantially	61157
less than adequate care or treatment, or substantially unsafe	61158
conditions, or, within seven days of receiving a complaint, refer	61159
it to the attorney general, if the attorney general agrees to	61160
investigate within thirty days.	61161

(2) Within thirty days of receiving a complaint under this	61162
section, the department of health may investigate any alleged	61163
violation of sections 3721.10 to 3721.17 of the Revised Code, or	61164
of rules, policies, or procedures adopted pursuant to those	61165
sections, not covered by division (C)(1) of this section, or it	61166
may, within seven days of receiving a complaint, refer the	61167
complaint to the grievance committee at the home where the alleged	61168
violation occurred, or to the attorney general if the attorney	61169
general agrees to investigate within thirty days.	61170

(D) If, after an investigation, the department of health	61171
finds probable cause to believe that a violation of sections	61172
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	61173
procedures adopted pursuant to those sections, has occurred at a	61174
home that is certified under the medicare or medicaid program, it	61175
shall cite one or more findings or deficiencies under sections	61176
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. If the	61177
home is not so certified, the department shall hold an	61178
adjudicative hearing within thirty days under Chapter 119. of the	61179
Revised Code.	61180

(E) Upon a finding at an adjudicative hearing under division	61181
(D) of this section that a violation of sections 3721.10 to	61182
3721.17 of the Revised Code, or of rules, policies, or procedures	61183
adopted pursuant thereto, has occurred, the department of health	61184
shall make an order for compliance, set a reasonable time for	61185
compliance, and assess a fine pursuant to division (F) of this	61186
section. The fine shall be paid to the general revenue fund only	61187
if compliance with the order is not shown to have been made within	61188
the reasonable time set in the order. The department of health may	61189
issue an order prohibiting the continuation of any violation of	61190
sections 3721.10 to 3721.17 of the Revised Code.	61191

Findings at the hearings conducted under this section may be	61192
appealed pursuant to Chapter 119. of the Revised Code, except that	61193
an appeal may be made to the court of common pleas of the county	61194
in which the home is located.	61195

The department of health shall initiate proceedings in court	61196
to collect any fine assessed under this section that is unpaid	61197
thirty days after the violator's final appeal is exhausted.	61198

(F) Any home found, pursuant to an adjudication hearing under	61199
division (D) of this section, to have violated sections 3721.10 to	61200
3721.17 of the Revised Code, or rules, policies, or procedures	61201
adopted pursuant to those sections may be fined not less than one	61202
hundred nor more than five hundred dollars for a first offense.	61203
For each subsequent offense, the home may be fined not less than	61204
two hundred nor more than one thousand dollars.	61205

A violation of sections 3721.10 to 3721.17 of the Revised	61206
Code is a separate offense for each day of the violation and for	61207
each resident who claims the violation.	61208

(G) No home or employee of a home shall retaliate against any	61209
person who:	61210

(1) Exercises any right set forth in sections 3721.10 to	61211
3721.17 of the Revised Code, including, but not limited to, filing	61212
a complaint with the home's grievance committee or reporting an	61213
alleged violation to the department of health;	61214

(2) Appears as a witness in any hearing conducted under this	61215
section or section 3721.162 of the Revised Code;	61216

(3) Files a civil action alleging a violation of sections	61217
3721.10 to 3721.17 of the Revised Code, or notifies a county	61218
prosecuting attorney or the attorney general of a possible	61219
violation of sections 3721.10 to 3721.17 of the Revised Code.	61220

If, under the procedures outlined in this section, a home or	61221
its employee is found to have retaliated, the violator may be	61222
fined up to one thousand dollars.	61223

(H) When legal action is indicated, any evidence of criminal	61224
activity found in an investigation under division (C) of this	61225
section shall be given to the prosecuting attorney in the county	61226
in which the home is located for investigation.	61227

(I)(1)(a) Any resident whose rights under sections 3721.10 to	61228
3721.17 of the Revised Code are violated has a cause of action	61229
against any person or home committing the violation.	61230

(b) An action under division (I)(1)(a) of this section may be	61231
commenced by the resident or by the resident's legal guardian or	61232
other legally authorized representative on behalf of the resident	61233
or the resident's estate. If the resident or the resident's legal	61234
guardian or other legally authorized representative is unable to	61235
commence an action under that division on behalf of the resident,	61236
the following persons in the following order of priority have the	61237
right to and may commence an action under that division on behalf	61238
of the resident or the resident's estate:	61239

(i) The resident's spouse;

61240

(ii) The resident's parent or adult child;

61241

(iii) The resident's guardian if the resident is a minor	61242
child;	61243

(iv) The resident's brother or sister;

61244

(v) The resident's niece, nephew, aunt, or uncle.

61245

(c) Notwithstanding any law as to priority of persons	61246
entitled to commence an action, if more than one eligible person	61247
within the same level of priority seeks to commence an action on	61248
behalf of a resident or the resident's estate, the court shall	61249
determine, in the best interest of the resident or the resident's	61250
estate, the individual to commence the action. A court's	61251
determination under this division as to the person to commence an	61252
action on behalf of a resident or the resident's estate shall bar	61253
another person from commencing the action on behalf of the	61254
resident or the resident's estate.	61255

(d) The result of an action commenced pursuant to division	61256
(I)(1)(a) of this section by a person authorized under division	61257
(I)(1)(b) of this section shall bind the resident or the	61258
resident's estate that is the subject of the action.	61259

(e) A cause of action under division (I)(1)(a) of this	61260
section shall accrue, and the statute of limitations applicable to	61261
that cause of action shall begin to run, based upon the violation	61262
of a resident's rights under sections 3721.10 to 3721.17 of the	61263
Revised Code, regardless of the party commencing the action on	61264
behalf of the resident or the resident's estate as authorized	61265
under divisions (I)(1)(b) and (c) of this section.	61266

(2)(a) The plaintiff in an action filed under division (I)(1)	61267
of this section may obtain injunctive relief against the violation	61268
of the resident's rights. The plaintiff also may recover	61269
compensatory damages based upon a showing, by a preponderance of	61270
the evidence, that the violation of the resident's rights resulted	61271
from a negligent act or omission of the person or home and that	61272
the violation was the proximate cause of the resident's injury,	61273
death, or loss to person or property.	61274

(b) If compensatory damages are awarded for a violation of	61275
the resident's rights, section 2315.21 of the Revised Code shall	61276
apply to an award of punitive or exemplary damages for the	61277
violation.	61278

(c) The court, in a case in which only injunctive relief is	61279
granted, may award to the prevailing party reasonable attorney's	61280
fees limited to the work reasonably performed.	61281

(3) Division (I)(2) (b) of this section shall be considered	61282
to be purely remedial in operation and shall be applied in a	61283
remedial manner in any civil action in which this section is	61284
relevant, whether the action is pending in court or commenced on	61285
or after July 9, 1998.	61286

(4) Within thirty days after the filing of a complaint in an	61287
action for damages brought against a home under division (I)(1)(a)	61288
of this section by or on behalf of a resident or former resident	61289
of the home, the plaintiff or plaintiff's counsel shall send	61290
written notice of the filing of the complaint to the department of	61291
~~job and family services~~medicaid if the department has a right of	61292
recovery under section ~~5101.58~~5160.37 of the Revised Code against	61293
the liability of the home for the cost of ~~medical~~medicaid	61294
services ~~and care~~ arising out of injury, disease, or disability of	61295
the resident or former resident.	61296

Sec. 3721.19. (A) As used in this section:

61297

(1) "Home" and "residential care facility" have the same	61298
meanings as in section 3721.01 of the Revised Code;	61299

(2) "Provider agreement" has the same meaning as in section	61300
5165.01 of the Revised Code.	61301

(3) "Sponsor" and "residents' rights advocate" have the same	61302
meanings as in section 3721.10 of the Revised Code.	61303

A home licensed under this chapter that is not a party to a	61304
provider agreement~~, as defined in section 5111.20 of the Revised~~	61305
~~Code,~~ shall provide each prospective resident, before admission,	61306
with the following information, orally and in a separate written	61307
notice on which is printed in a conspicuous manner: "This home is	61308
not a participant in the ~~medical assistance~~medicaid program	61309
administered by the Ohio department of ~~job and family services~~	61310
medicaid. Consequently, you may be discharged from this home if	61311
you are unable to pay for the services provided by this home."	61312

If the prospective resident has a sponsor whose identity is	61313
made known to the home, the home shall also inform the sponsor,	61314
before admission of the resident, of the home's status relative to	61315
the ~~medical assistance~~medicaid program. Written acknowledgement	61316
of the receipt of the information shall be provided by the	61317
resident and, if the prospective resident has a sponsor who has	61318
been identified to the home, by the sponsor. The written	61319
acknowledgement shall be made part of the resident's record by the	61320
home.	61321

No home shall terminate its ~~status as a~~ provider ~~under the~~	61322
~~medicaid program~~agreement unless it has complied with section	61323
~~5111.66~~5165.50 of the Revised Code and, at least ninety days	61324
prior to such termination, provided written notice to the	61325
residents of the home and their sponsors of such action. This	61326
requirement shall not apply in cases where the department of ~~job~~	61327
~~and family services~~medicaid terminates a home's provider	61328
agreement or provider status.	61329

(B) A home licensed under this chapter as a residential care	61330
facility shall provide notice to each prospective resident or the	61331
individual's sponsor of the services offered by the facility and	61332
the types of skilled nursing care that the facility may provide. A	61333
residential care facility that, pursuant to section 3721.012 of	61334
the Revised Code, has a policy of entering into risk agreements	61335
with residents or their sponsors shall provide each prospective	61336
resident or the individual's sponsor a written explanation of the	61337
policy and the provisions that may be contained in a risk	61338
agreement. At the time the information is provided, the facility	61339
shall obtain a statement signed by the individual receiving the	61340
information acknowledging that the individual received the	61341
information. The facility shall maintain on file the individual's	61342
signed statement.	61343

(C) A resident has a cause of action against a home for	61344
breach of any duty imposed by this section. The action may be	61345
commenced by the resident, or on the resident's behalf by the	61346
resident's sponsor or a residents' rights advocate, by the filing	61347
of a civil action in the court of common pleas of the county in	61348
which the home is located, or in the court of common pleas of	61349
Franklin county.	61350

If the court finds that a breach of any duty imposed by this	61351
section has occurred, the court shall enjoin the home from	61352
discharging the resident from the home until arrangements	61353
satisfactory to the court are made for the orderly transfer of the	61354
resident to another mode of health care including, but not limited	61355
to, another home, and may award the resident and a person or	61356
public agency that brings an action on behalf of a resident	61357
reasonable attorney's fees. If a home discharges a resident to	61358
whom or to whose sponsor information concerning its status	61359
relative to the ~~medical assistance~~medicaid program was not	61360
provided as required under this section, the court shall grant any	61361
appropriate relief including, but not limited to, actual damages,	61362
reasonable attorney's fees, and costs.	61363

Sec. 3727.01. (A) As used in this section, "health	61364
maintenance organization" means a public or private organization	61365
organized under the law of any state that is qualified under	61366
section 1310(d) of Title XIII of the "Public Health Service Act,"	61367
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	61368
following:	61369

(1) Provides or otherwise makes available to enrolled	61370
participants health care services including at least the following	61371
basic health care services: usual physician services,	61372
hospitalization, laboratory, x-ray, emergency and preventive	61373
service, and out-of-area coverage;	61374

(2) Is compensated, except for copayments, for the provision	61375
of basic health care services to enrolled participants by a	61376
payment that is paid on a periodic basis without regard to the	61377
date the health care services are provided and that is fixed	61378
without regard to the frequency, extent, or kind of health service	61379
actually provided;	61380

(3) Provides physician services primarily in either of the	61381
following ways:	61382

(a) Directly through physicians who are either employees or	61383
partners of the organization;	61384

(b) Through arrangements with individual physicians or one or	61385
more groups of physicians organized on a group-practice or	61386
individual-practice basis.	61387

(B) As used in this chapter:

61388

(1) "Children's hospital" means any of the following:

61389

(a) A hospital registered under section 3701.07 of the	61390
Revised Code that provides general pediatric medical and surgical	61391
care, and in which at least seventy-five per cent of annual	61392
inpatient discharges for the preceding two calendar years were	61393
individuals less than eighteen years of age;	61394

(b) A distinct portion of a hospital registered under section	61395
3701.07 of the Revised Code that provides general pediatric	61396
medical and surgical care, has a total of at least one hundred	61397
fifty registered pediatric special care and pediatric acute care	61398
beds, and in which at least seventy-five per cent of annual	61399
inpatient discharges for the preceding two calendar years were	61400
individuals less than eighteen years of age;	61401

(c) A distinct portion of a hospital, if the hospital is	61402
registered under section 3701.07 of the Revised Code as a	61403
children's hospital and the children's hospital meets all the	61404
requirements of division (B)(1)(a) of this section.	61405

(2) "Hospital" means an institution classified as a hospital	61406
under section 3701.07 of the Revised Code in which are provided to	61407
inpatients diagnostic, medical, surgical, obstetrical,	61408
psychiatric, or rehabilitation care for a continuous period longer	61409
than twenty-four hours or a hospital operated by a health	61410
maintenance organization. "Hospital" does not include a facility	61411
licensed under Chapter 3721. of the Revised Code, a health care	61412
facility operated by the department of ~~mental health~~mental health	61413
and addiction services or the department of developmental	61414
disabilities, a health maintenance organization that does not	61415
operate a hospital, the office of any private licensed health care	61416
professional, whether organized for individual or group practice,	61417
or a clinic that provides ambulatory patient services and where	61418
patients are not regularly admitted as inpatients. "Hospital" also	61419
does not include an institution for the sick that is operated	61420
exclusively for patients who use spiritual means for healing and	61421
for whom the acceptance of medical care is inconsistent with their	61422
religious beliefs, accredited by a national accrediting	61423
organization, exempt from federal income taxation under section	61424
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	61425
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	61426
care pursuant to the exemption in division (E) of section 4723.32	61427
of the Revised Code from the licensing requirements of Chapter	61428
4723. of the Revised Code.	61429

(3) "Joint commission" means the commission formerly known as	61430
the joint commission on accreditation of healthcare organizations	61431
or the joint commission on accreditation of hospitals.	61432

Sec. 3734.28. Except as otherwise provided in sections	61433
3734.281 and 3734.282 of the Revised Code, moneys collected under	61434
sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26	61435
of the Revised Code and under the "Comprehensive Environmental	61436
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	61437
42 U.S.C.A. 9601, et seq., as amended, including moneys recovered	61438
under division (B)(1) of this section, shall be paid into the	61439
state treasury to the credit of the hazardous waste clean-up fund,	61440
which is hereby created. In addition, both of the following shall	61441
be credited to the fund:	61442

(A) Moneys recovered for costs paid from the fund for	61443
activities described in divisions (A)(1) and (2) of section	61444
3745.12 of the Revised Code;	61445

(B) Natural resource damage assessment costs recovered under	61446
any of the following:	61447

(1) The "Comprehensive Environmental Response, Compensation,	61448
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	61449
seq., as amended;	61450

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	61451
2701, et seq., as amended;	61452

(3) The ~~Federal Water Pollution Control Act as defined in~~	61453
~~section 6111.01 of the Revised Code~~"Clean Water Act of 1977," 91	61454
Stat. 1566, 33 U.S.C. 1321, et seq., as amended;	61455

(4) Any other applicable federal or state law.

61456

The environmental protection agency shall use the moneys in	61457
the fund for the purposes set forth in division (D) of section	61458
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	61459
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	61460
and Chapter 3746. of the Revised Code, including any related	61461
enforcement expenses and administrative expenses of any related	61462
closure or corrective action program. In addition, the agency	61463
shall use the moneys in the fund to pay the state's long-term	61464
operation and maintenance costs or matching share for actions	61465
taken under the "Comprehensive Environmental Response,	61466
Compensation, and Liability Act of 1980," as amended. If those	61467
moneys are reimbursed by grants or other moneys from the United	61468
States or any other person, the moneys shall be placed in the fund	61469
and not in the general revenue fund.	61470

The director of environmental protection may enter into	61471
contracts and grant agreements with federal, state, or local	61472
government agencies, nonprofit organizations, and colleges and	61473
universities for the purpose of carrying out the responsibilities	61474
of the environmental protection agency for which money may be	61475
expended from the fund.	61476

Sec. 3734.57. (A) The following fees are hereby levied on	61477
the transfer or disposal of solid wastes in this state:	61478

(1) One dollar per ton through June 30, ~~2014~~2016, ~~one-half~~	61479
thirty per cent of the proceeds of which shall be deposited in the	61480
state treasury to the credit of the hazardous waste facility	61481
management fund created in section 3734.18 of the Revised Code and	61482
~~one-half~~seventy per cent of the proceeds of which shall be	61483
deposited in the state treasury to the credit of the hazardous	61484
waste clean-up fund created in section 3734.28 of the Revised	61485
Code;	61486

(2) An additional one dollar per ton through June 30, ~~2014~~	61487
2016, the proceeds of which shall be deposited in the state	61488
treasury to the credit of the solid waste fund, which is hereby	61489
created. The environmental protection agency shall use money in	61490
the solid waste fund to pay the costs of administering and	61491
enforcing the laws pertaining to solid wastes, infectious wastes,	61492
and construction and demolition debris, including, without	61493
limitation, ground water evaluations related to solid wastes,	61494
infectious wastes, and construction and demolition debris, under	61495
this chapter and Chapter 3714. of the Revised Code and any rules	61496
adopted under them, providing compliance assistance to small	61497
businesses, and paying a share of the administrative costs of the	61498
environmental protection agency pursuant to section 3745.014 of	61499
the Revised Code.	61500

(3) An additional two dollars and fifty cents per ton through	61501
June 30, ~~2014~~2016, the proceeds of which shall be deposited in	61502
the state treasury to the credit of the environmental protection	61503
fund created in section 3745.015 of the Revised Code;	61504

(4) An additional twenty-five cents per ton through June 30,	61505
~~2013~~2016, the proceeds of which shall be deposited in the state	61506
treasury to the credit of the soil and water conservation district	61507
assistance fund created in section 1515.14 of the Revised Code.	61508

In the case of solid wastes that are taken to a solid waste	61509
transfer facility located in this state prior to being transported	61510
for disposal at a solid waste disposal facility located in this	61511
state or outside of this state, the fees levied under this	61512
division shall be collected by the owner or operator of the	61513
transfer facility as a trustee for the state. The amount of fees	61514
required to be collected under this division at such a transfer	61515
facility shall equal the total tonnage of solid wastes received at	61516
the facility multiplied by the fees levied under this division. In	61517
the case of solid wastes that are not taken to a solid waste	61518
transfer facility located in this state prior to being transported	61519
to a solid waste disposal facility, the fees shall be collected by	61520
the owner or operator of the solid waste disposal facility as a	61521
trustee for the state. The amount of fees required to be collected	61522
under this division at such a disposal facility shall equal the	61523
total tonnage of solid wastes received at the facility that was	61524
not previously taken to a solid waste transfer facility located in	61525
this state multiplied by the fees levied under this division. Fees	61526
levied under this division do not apply to materials separated	61527
from a mixed waste stream for recycling by a generator or	61528
materials removed from the solid waste stream through recycling,	61529
as "recycling" is defined in rules adopted under section 3734.02	61530
of the Revised Code.	61531

The owner or operator of a solid waste transfer facility or	61532
disposal facility, as applicable, shall prepare and file with the	61533
director of environmental protection each month a return	61534
indicating the total tonnage of solid wastes received at the	61535
facility during that month and the total amount of the fees	61536
required to be collected under this division during that month. In	61537
addition, the owner or operator of a solid waste disposal facility	61538
shall indicate on the return the total tonnage of solid wastes	61539
received from transfer facilities located in this state during	61540
that month for which the fees were required to be collected by the	61541
transfer facilities. The monthly returns shall be filed on a form	61542
prescribed by the director. Not later than thirty days after the	61543
last day of the month to which a return applies, the owner or	61544
operator shall mail to the director the return for that month	61545
together with the fees required to be collected under this	61546
division during that month as indicated on the return or may	61547
submit the return and fees electronically in a manner approved by	61548
the director. If the return is filed and the amount of the fees	61549
due is paid in a timely manner as required in this division, the	61550
owner or operator may retain a discount of three-fourths of one	61551
per cent of the total amount of the fees that are required to be	61552
paid as indicated on the return.	61553

The owner or operator may request an extension of not more	61554
than thirty days for filing the return and remitting the fees,	61555
provided that the owner or operator has submitted such a request	61556
in writing to the director together with a detailed description of	61557
why the extension is requested, the director has received the	61558
request not later than the day on which the return is required to	61559
be filed, and the director has approved the request. If the fees	61560
are not remitted within thirty days after the last day of the	61561
month to which the return applies or are not remitted by the last	61562
day of an extension approved by the director, the owner or	61563
operator shall not retain the three-fourths of one per cent	61564
discount and shall pay an additional ten per cent of the amount of	61565
the fees for each month that they are late. For purposes of	61566
calculating the late fee, the first month in which fees are late	61567
begins on the first day after the deadline has passed for timely	61568
submitting the return and fees, and one additional month shall be	61569
counted every thirty days thereafter.	61570

The owner or operator of a solid waste facility may request a	61571
refund or credit of fees levied under this division and remitted	61572
to the director that have not been paid to the owner or operator.	61573
Such a request shall be made only if the fees have not been	61574
collected by the owner or operator, have become a debt that has	61575
become worthless or uncollectable for a period of six months or	61576
more, and may be claimed as a deduction, including a deduction	61577
claimed if the owner or operator keeps accounts on an accrual	61578
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	61579
U.S.C. 166, as amended, and regulations adopted under it. Prior to	61580
making a request for a refund or credit, an owner or operator	61581
shall make reasonable efforts to collect the applicable fees. A	61582
request for a refund or credit shall not include any costs	61583
resulting from those efforts to collect unpaid fees.	61584

A request for a refund or credit of fees shall be made in	61585
writing, on a form prescribed by the director, and shall be	61586
supported by evidence that may be required in rules adopted by the	61587
director under this chapter. After reviewing the request, and if	61588
the request and evidence submitted with the request indicate that	61589
a refund or credit is warranted, the director shall grant a refund	61590
to the owner or operator or shall permit a credit to be taken by	61591
the owner or operator on a subsequent monthly return submitted by	61592
the owner or operator. The amount of a refund or credit shall not	61593
exceed an amount that is equal to ninety days' worth of fees owed	61594
to an owner or operator by a particular debtor of the owner or	61595
operator. A refund or credit shall not be granted by the director	61596
to an owner or operator more than once in any twelve-month period	61597
for fees owed to the owner or operator by a particular debtor.	61598

If, after receiving a refund or credit from the director, an	61599
owner or operator receives payment of all or part of the fees, the	61600
owner or operator shall remit the fees with the next monthly	61601
return submitted to the director together with a written	61602
explanation of the reason for the submittal.	61603

For purposes of computing the fees levied under this division	61604
or division (B) of this section, any solid waste transfer or	61605
disposal facility that does not use scales as a means of	61606
determining gate receipts shall use a conversion factor of three	61607
cubic yards per ton of solid waste or one cubic yard per ton for	61608
baled waste, as applicable.	61609

The fees levied under this division and divisions (B) and (C)	61610
of this section are in addition to all other applicable fees and	61611
taxes and shall be paid by the customer or a political subdivision	61612
to the owner or operator of a solid waste transfer or disposal	61613
facility. In the alternative, the fees shall be paid by a customer	61614
or political subdivision to a transporter of waste who	61615
subsequently transfers the fees to the owner or operator of such a	61616
facility. The fees shall be paid notwithstanding the existence of	61617
any provision in a contract that the customer or a political	61618
subdivision may have with the owner or operator or with a	61619
transporter of waste to the facility that would not require or	61620
allow such payment regardless of whether the contract was entered	61621
prior to or after October 16, 2009. For those purposes, "customer"	61622
means a person who contracts with, or utilizes the solid waste	61623
services of, the owner or operator of a solid waste transfer or	61624
disposal facility or a transporter of solid waste to such a	61625
facility.	61626

(B) For the purposes specified in division (G) of this	61627
section, the solid waste management policy committee of a county	61628
or joint solid waste management district may levy fees upon the	61629
following activities:	61630

(1) The disposal at a solid waste disposal facility located	61631
in the district of solid wastes generated within the district;	61632

(2) The disposal at a solid waste disposal facility within	61633
the district of solid wastes generated outside the boundaries of	61634
the district, but inside this state;	61635

(3) The disposal at a solid waste disposal facility within	61636
the district of solid wastes generated outside the boundaries of	61637
this state.	61638

The solid waste management plan of the county or joint	61639
district approved under section 3734.521 or 3734.55 of the Revised	61640
Code and any amendments to it, or the resolution adopted under	61641
this division, as appropriate, shall establish the rates of the	61642
fees levied under divisions (B)(1), (2), and (3) of this section,	61643
if any, and shall specify whether the fees are levied on the basis	61644
of tons or cubic yards as the unit of measurement. A solid waste	61645
management district that levies fees under this division on the	61646
basis of cubic yards shall do so in accordance with division (A)	61647
of this section.	61648

The fee levied under division (B)(1) of this section shall be	61649
not less than one dollar per ton nor more than two dollars per	61650
ton, the fee levied under division (B)(2) of this section shall be	61651
not less than two dollars per ton nor more than four dollars per	61652
ton, and the fee levied under division (B)(3) of this section	61653
shall be not more than the fee levied under division (B)(1) of	61654
this section.	61655

Prior to the approval of the solid waste management plan of a	61656
district under section 3734.55 of the Revised Code, the solid	61657
waste management policy committee of a district may levy fees	61658
under this division by adopting a resolution establishing the	61659
proposed amount of the fees. Upon adopting the resolution, the	61660
committee shall deliver a copy of the resolution to the board of	61661
county commissioners of each county forming the district and to	61662
the legislative authority of each municipal corporation and	61663
township under the jurisdiction of the district and shall prepare	61664
and publish the resolution and a notice of the time and location	61665
where a public hearing on the fees will be held. Upon adopting the	61666
resolution, the committee shall deliver written notice of the	61667
adoption of the resolution; of the amount of the proposed fees;	61668
and of the date, time, and location of the public hearing to the	61669
director and to the fifty industrial, commercial, or institutional	61670
generators of solid wastes within the district that generate the	61671
largest quantities of solid wastes, as determined by the	61672
committee, and to their local trade associations. The committee	61673
shall make good faith efforts to identify those generators within	61674
the district and their local trade associations, but the	61675
nonprovision of notice under this division to a particular	61676
generator or local trade association does not invalidate the	61677
proceedings under this division. The publication shall occur at	61678
least thirty days before the hearing. After the hearing, the	61679
committee may make such revisions to the proposed fees as it	61680
considers appropriate and thereafter, by resolution, shall adopt	61681
the revised fee schedule. Upon adopting the revised fee schedule,	61682
the committee shall deliver a copy of the resolution doing so to	61683
the board of county commissioners of each county forming the	61684
district and to the legislative authority of each municipal	61685
corporation and township under the jurisdiction of the district.	61686
Within sixty days after the delivery of a copy of the resolution	61687
adopting the proposed revised fees by the policy committee, each	61688
such board and legislative authority, by ordinance or resolution,	61689
shall approve or disapprove the revised fees and deliver a copy of	61690
the ordinance or resolution to the committee. If any such board or	61691
legislative authority fails to adopt and deliver to the policy	61692
committee an ordinance or resolution approving or disapproving the	61693
revised fees within sixty days after the policy committee	61694
delivered its resolution adopting the proposed revised fees, it	61695
shall be conclusively presumed that the board or legislative	61696
authority has approved the proposed revised fees. The committee	61697
shall determine if the resolution has been ratified in the same	61698
manner in which it determines if a draft solid waste management	61699
plan has been ratified under division (B) of section 3734.55 of	61700
the Revised Code.	61701

The committee may amend the schedule of fees levied pursuant	61702
to a resolution adopted and ratified under this division by	61703
adopting a resolution establishing the proposed amount of the	61704
amended fees. The committee may repeal the fees levied pursuant to	61705
such a resolution by adopting a resolution proposing to repeal	61706
them. Upon adopting such a resolution, the committee shall proceed	61707
to obtain ratification of the resolution in accordance with this	61708
division.	61709

Not later than fourteen days after declaring the new fees to	61710
be ratified or the fees to be repealed under this division, the	61711
committee shall notify by certified mail the owner or operator of	61712
each solid waste disposal facility that is required to collect the	61713
fees of the ratification and the amount of the fees or of the	61714
repeal of the fees. Collection of any fees shall commence or	61715
collection of repealed fees shall cease on the first day of the	61716
second month following the month in which notification is sent to	61717
the owner or operator.	61718

Fees levied under this division also may be established,	61719
amended, or repealed by a solid waste management policy committee	61720
through the adoption of a new district solid waste management	61721
plan, the adoption of an amended plan, or the amendment of the	61722
plan or amended plan in accordance with sections 3734.55 and	61723
3734.56 of the Revised Code or the adoption or amendment of a	61724
district plan in connection with a change in district composition	61725
under section 3734.521 of the Revised Code.	61726

Not later than fourteen days after the director issues an	61727
order approving a district's solid waste management plan, amended	61728
plan, or amendment to a plan or amended plan that establishes,	61729
amends, or repeals a schedule of fees levied by the district, the	61730
committee shall notify by certified mail the owner or operator of	61731
each solid waste disposal facility that is required to collect the	61732
fees of the approval of the plan or amended plan, or the amendment	61733
to the plan, as appropriate, and the amount of the fees, if any.	61734
In the case of an initial or amended plan approved under section	61735
3734.521 of the Revised Code in connection with a change in	61736
district composition, other than one involving the withdrawal of a	61737
county from a joint district, the committee, within fourteen days	61738
after the change takes effect pursuant to division (G) of that	61739
section, shall notify by certified mail the owner or operator of	61740
each solid waste disposal facility that is required to collect the	61741
fees that the change has taken effect and of the amount of the	61742
fees, if any. Collection of any fees shall commence or collection	61743
of repealed fees shall cease on the first day of the second month	61744
following the month in which notification is sent to the owner or	61745
operator.	61746

If, in the case of a change in district composition involving	61747
the withdrawal of a county from a joint district, the director	61748
completes the actions required under division (G)(1) or (3) of	61749
section 3734.521 of the Revised Code, as appropriate, forty-five	61750
days or more before the beginning of a calendar year, the policy	61751
committee of each of the districts resulting from the change that	61752
obtained the director's approval of an initial or amended plan in	61753
connection with the change, within fourteen days after the	61754
director's completion of the required actions, shall notify by	61755
certified mail the owner or operator of each solid waste disposal	61756
facility that is required to collect the district's fees that the	61757
change is to take effect on the first day of January immediately	61758
following the issuance of the notice and of the amount of the fees	61759
or amended fees levied under divisions (B)(1) to (3) of this	61760
section pursuant to the district's initial or amended plan as so	61761
approved or, if appropriate, the repeal of the district's fees by	61762
that initial or amended plan. Collection of any fees set forth in	61763
such a plan or amended plan shall commence on the first day of	61764
January immediately following the issuance of the notice. If such	61765
an initial or amended plan repeals a schedule of fees, collection	61766
of the fees shall cease on that first day of January.	61767

If, in the case of a change in district composition involving	61768
the withdrawal of a county from a joint district, the director	61769
completes the actions required under division (G)(1) or (3) of	61770
section 3734.521 of the Revised Code, as appropriate, less than	61771
forty-five days before the beginning of a calendar year, the	61772
director, on behalf of each of the districts resulting from the	61773
change that obtained the director's approval of an initial or	61774
amended plan in connection with the change proceedings, shall	61775
notify by certified mail the owner or operator of each solid waste	61776
disposal facility that is required to collect the district's fees	61777
that the change is to take effect on the first day of January	61778
immediately following the mailing of the notice and of the amount	61779
of the fees or amended fees levied under divisions (B)(1) to (3)	61780
of this section pursuant to the district's initial or amended plan	61781
as so approved or, if appropriate, the repeal of the district's	61782
fees by that initial or amended plan. Collection of any fees set	61783
forth in such a plan or amended plan shall commence on the first	61784
day of the second month following the month in which notification	61785
is sent to the owner or operator. If such an initial or amended	61786
plan repeals a schedule of fees, collection of the fees shall	61787
cease on the first day of the second month following the month in	61788
which notification is sent to the owner or operator.	61789

If the schedule of fees that a solid waste management	61790
district is levying under divisions (B)(1) to (3) of this section	61791
is amended or repealed, the fees in effect immediately prior to	61792
the amendment or repeal shall continue to be collected until	61793
collection of the amended fees commences or collection of the	61794
repealed fees ceases, as applicable, as specified in this	61795
division. In the case of a change in district composition, money	61796
so received from the collection of the fees of the former	61797
districts shall be divided among the resulting districts in	61798
accordance with division (B) of section 343.012 of the Revised	61799
Code and the agreements entered into under division (B) of section	61800
343.01 of the Revised Code to establish the former and resulting	61801
districts and any amendments to those agreements.	61802

For the purposes of the provisions of division (B) of this	61803
section establishing the times when newly established or amended	61804
fees levied by a district are required to commence and the	61805
collection of fees that have been amended or repealed is required	61806
to cease, "fees" or "schedule of fees" includes, in addition to	61807
fees levied under divisions (B)(1) to (3) of this section, those	61808
levied under section 3734.573 or 3734.574 of the Revised Code.	61809

(C) For the purposes of defraying the added costs to a	61810
municipal corporation or township of maintaining roads and other	61811
public facilities and of providing emergency and other public	61812
services, and compensating a municipal corporation or township for	61813
reductions in real property tax revenues due to reductions in real	61814
property valuations resulting from the location and operation of a	61815
solid waste disposal facility within the municipal corporation or	61816
township, a municipal corporation or township in which such a	61817
solid waste disposal facility is located may levy a fee of not	61818
more than twenty-five cents per ton on the disposal of solid	61819
wastes at a solid waste disposal facility located within the	61820
boundaries of the municipal corporation or township regardless of	61821
where the wastes were generated.	61822

The legislative authority of a municipal corporation or	61823
township may levy fees under this division by enacting an	61824
ordinance or adopting a resolution establishing the amount of the	61825
fees. Upon so doing the legislative authority shall mail a	61826
certified copy of the ordinance or resolution to the board of	61827
county commissioners or directors of the county or joint solid	61828
waste management district in which the municipal corporation or	61829
township is located or, if a regional solid waste management	61830
authority has been formed under section 343.011 of the Revised	61831
Code, to the board of trustees of that regional authority, the	61832
owner or operator of each solid waste disposal facility in the	61833
municipal corporation or township that is required to collect the	61834
fee by the ordinance or resolution, and the director of	61835
environmental protection. Although the fees levied under this	61836
division are levied on the basis of tons as the unit of	61837
measurement, the legislative authority, in its ordinance or	61838
resolution levying the fees under this division, may direct that	61839
the fees be levied on the basis of cubic yards as the unit of	61840
measurement based upon a conversion factor of three cubic yards	61841
per ton generally or one cubic yard per ton for baled wastes.	61842

Not later than five days after enacting an ordinance or	61843
adopting a resolution under this division, the legislative	61844
authority shall so notify by certified mail the owner or operator	61845
of each solid waste disposal facility that is required to collect	61846
the fee. Collection of any fee levied on or after March 24, 1992,	61847
shall commence on the first day of the second month following the	61848
month in which notification is sent to the owner or operator.	61849

(D)(1) The fees levied under divisions (A), (B), and (C) of	61850
this section do not apply to the disposal of solid wastes that:	61851

(a) Are disposed of at a facility owned by the generator of	61852
the wastes when the solid waste facility exclusively disposes of	61853
solid wastes generated at one or more premises owned by the	61854
generator regardless of whether the facility is located on a	61855
premises where the wastes are generated;	61856

(b) Are generated from the combustion of coal, or from the	61857
combustion of primarily coal, regardless of whether the disposal	61858
facility is located on the premises where the wastes are	61859
generated;	61860

(c) Are asbestos or asbestos-containing materials or products	61861
disposed of at a construction and demolition debris facility that	61862
is licensed under Chapter 3714. of the Revised Code or at a solid	61863
waste facility that is licensed under this chapter.	61864

(2) Except as provided in section 3734.571 of the Revised	61865
Code, any fees levied under division (B)(1) of this section apply	61866
to solid wastes originating outside the boundaries of a county or	61867
joint district that are covered by an agreement for the joint use	61868
of solid waste facilities entered into under section 343.02 of the	61869
Revised Code by the board of county commissioners or board of	61870
directors of the county or joint district where the wastes are	61871
generated and disposed of.	61872

(3) When solid wastes, other than solid wastes that consist	61873
of scrap tires, are burned in a disposal facility that is an	61874
incinerator or energy recovery facility, the fees levied under	61875
divisions (A), (B), and (C) of this section shall be levied upon	61876
the disposal of the fly ash and bottom ash remaining after burning	61877
of the solid wastes and shall be collected by the owner or	61878
operator of the sanitary landfill where the ash is disposed of.	61879

(4) When solid wastes are delivered to a solid waste transfer	61880
facility, the fees levied under divisions (B) and (C) of this	61881
section shall be levied upon the disposal of solid wastes	61882
transported off the premises of the transfer facility for disposal	61883
and shall be collected by the owner or operator of the solid waste	61884
disposal facility where the wastes are disposed of.	61885

(5) The fees levied under divisions (A), (B), and (C) of this	61886
section do not apply to sewage sludge that is generated by a waste	61887
water treatment facility holding a national pollutant discharge	61888
elimination system permit and that is disposed of through	61889
incineration, land application, or composting or at another	61890
resource recovery or disposal facility that is not a landfill.	61891

(6) The fees levied under divisions (A), (B), and (C) of this	61892
section do not apply to solid wastes delivered to a solid waste	61893
composting facility for processing. When any unprocessed solid	61894
waste or compost product is transported off the premises of a	61895
composting facility and disposed of at a landfill, the fees levied	61896
under divisions (A), (B), and (C) of this section shall be	61897
collected by the owner or operator of the landfill where the	61898
unprocessed waste or compost product is disposed of.	61899

(7) When solid wastes that consist of scrap tires are	61900
processed at a scrap tire recovery facility, the fees levied under	61901
divisions (A), (B), and (C) of this section shall be levied upon	61902
the disposal of the fly ash and bottom ash or other solid wastes	61903
remaining after the processing of the scrap tires and shall be	61904
collected by the owner or operator of the solid waste disposal	61905
facility where the ash or other solid wastes are disposed of.	61906

(8) The director of environmental protection may issue an	61907
order exempting from the fees levied under this section solid	61908
wastes, including, but not limited to, scrap tires, that are	61909
generated, transferred, or disposed of as a result of a contract	61910
providing for the expenditure of public funds entered into by the	61911
administrator or regional administrator of the United States	61912
environmental protection agency, the director of environmental	61913
protection, or the director of administrative services on behalf	61914
of the director of environmental protection for the purpose of	61915
remediating conditions at a hazardous waste facility, solid waste	61916
facility, or other location at which the administrator or regional	61917
administrator or the director of environmental protection has	61918
reason to believe that there is a substantial threat to public	61919
health or safety or the environment or that the conditions are	61920
causing or contributing to air or water pollution or soil	61921
contamination. An order issued by the director of environmental	61922
protection under division (D)(8) of this section shall include a	61923
determination that the amount of the fees not received by a solid	61924
waste management district as a result of the order will not	61925
adversely impact the implementation and financing of the	61926
district's approved solid waste management plan and any approved	61927
amendments to the plan. Such an order is a final action of the	61928
director of environmental protection.	61929

(E) The fees levied under divisions (B) and (C) of this	61930
section shall be collected by the owner or operator of the solid	61931
waste disposal facility where the wastes are disposed of as a	61932
trustee for the county or joint district and municipal corporation	61933
or township where the wastes are disposed of. Moneys from the fees	61934
levied under division (B) of this section shall be forwarded to	61935
the board of county commissioners or board of directors of the	61936
district in accordance with rules adopted under division (H) of	61937
this section. Moneys from the fees levied under division (C) of	61938
this section shall be forwarded to the treasurer or such other	61939
officer of the municipal corporation as, by virtue of the charter,	61940
has the duties of the treasurer or to the fiscal officer of the	61941
township, as appropriate, in accordance with those rules.	61942

(F) Moneys received by the treasurer or other officer of the	61943
municipal corporation under division (E) of this section shall be	61944
paid into the general fund of the municipal corporation. Moneys	61945
received by the fiscal officer of the township under that division	61946
shall be paid into the general fund of the township. The treasurer	61947
or other officer of the municipal corporation or the township	61948
fiscal officer, as appropriate, shall maintain separate records of	61949
the moneys received from the fees levied under division (C) of	61950
this section.	61951

(G) Moneys received by the board of county commissioners or	61952
board of directors under division (E) of this section or section	61953
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	61954
shall be paid to the county treasurer, or other official acting in	61955
a similar capacity under a county charter, in a county district or	61956
to the county treasurer or other official designated by the board	61957
of directors in a joint district and kept in a separate and	61958
distinct fund to the credit of the district. If a regional solid	61959
waste management authority has been formed under section 343.011	61960
of the Revised Code, moneys received by the board of trustees of	61961
that regional authority under division (E) of this section shall	61962
be kept by the board in a separate and distinct fund to the credit	61963
of the district. Moneys in the special fund of the county or joint	61964
district arising from the fees levied under division (B) of this	61965
section and the fee levied under division (A) of section 3734.573	61966
of the Revised Code shall be expended by the board of county	61967
commissioners or directors of the district in accordance with the	61968
district's solid waste management plan or amended plan approved	61969
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	61970
exclusively for the following purposes:	61971

(1) Preparation of the solid waste management plan of the	61972
district under section 3734.54 of the Revised Code, monitoring	61973
implementation of the plan, and conducting the periodic review and	61974
amendment of the plan required by section 3734.56 of the Revised	61975
Code by the solid waste management policy committee;	61976

(2) Implementation of the approved solid waste management	61977
plan or amended plan of the district, including, without	61978
limitation, the development and implementation of solid waste	61979
recycling or reduction programs;	61980

(3) Providing financial assistance to boards of health within	61981
the district, if solid waste facilities are located within the	61982
district, for enforcement of this chapter and rules, orders, and	61983
terms and conditions of permits, licenses, and variances adopted	61984
or issued under it, other than the hazardous waste provisions of	61985
this chapter and rules adopted and orders and terms and conditions	61986
of permits issued under those provisions;	61987

(4) Providing financial assistance to each county within the	61988
district to defray the added costs of maintaining roads and other	61989
public facilities and of providing emergency and other public	61990
services resulting from the location and operation of a solid	61991
waste facility within the county under the district's approved	61992
solid waste management plan or amended plan;	61993

(5) Pursuant to contracts entered into with boards of health	61994
within the district, if solid waste facilities contained in the	61995
district's approved plan or amended plan are located within the	61996
district, for paying the costs incurred by those boards of health	61997
for collecting and analyzing samples from public or private water	61998
wells on lands adjacent to those facilities;	61999

(6) Developing and implementing a program for the inspection	62000
of solid wastes generated outside the boundaries of this state	62001
that are disposed of at solid waste facilities included in the	62002
district's approved solid waste management plan or amended plan;	62003

(7) Providing financial assistance to boards of health within	62004
the district for the enforcement of section 3734.03 of the Revised	62005
Code or to local law enforcement agencies having jurisdiction	62006
within the district for enforcing anti-littering laws and	62007
ordinances;	62008

(8) Providing financial assistance to boards of health of	62009
health districts within the district that are on the approved list	62010
under section 3734.08 of the Revised Code to defray the costs to	62011
the health districts for the participation of their employees	62012
responsible for enforcement of the solid waste provisions of this	62013
chapter and rules adopted and orders and terms and conditions of	62014
permits, licenses, and variances issued under those provisions in	62015
the training and certification program as required by rules	62016
adopted under division (L) of section 3734.02 of the Revised Code;	62017

(9) Providing financial assistance to individual municipal	62018
corporations and townships within the district to defray their	62019
added costs of maintaining roads and other public facilities and	62020
of providing emergency and other public services resulting from	62021
the location and operation within their boundaries of a	62022
composting, energy or resource recovery, incineration, or	62023
recycling facility that either is owned by the district or is	62024
furnishing solid waste management facility or recycling services	62025
to the district pursuant to a contract or agreement with the board	62026
of county commissioners or directors of the district;	62027

(10) Payment of any expenses that are agreed to, awarded, or	62028
ordered to be paid under section 3734.35 of the Revised Code and	62029
of any administrative costs incurred pursuant to that section. In	62030
the case of a joint solid waste management district, if the board	62031
of county commissioners of one of the counties in the district is	62032
negotiating on behalf of affected communities, as defined in that	62033
section, in that county, the board shall obtain the approval of	62034
the board of directors of the district in order to expend moneys	62035
for administrative costs incurred.	62036

Prior to the approval of the district's solid waste	62037
management plan under section 3734.55 of the Revised Code, moneys	62038
in the special fund of the district arising from the fees shall be	62039
expended for those purposes in the manner prescribed by the solid	62040
waste management policy committee by resolution.	62041

Notwithstanding division (G)(6) of this section as it existed	62042
prior to October 29, 1993, or any provision in a district's solid	62043
waste management plan prepared in accordance with division	62044
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	62045
prior to that date, any moneys arising from the fees levied under	62046
division (B)(3) of this section prior to January 1, 1994, may be	62047
expended for any of the purposes authorized in divisions (G)(1) to	62048
(10) of this section.	62049

(H) The director shall adopt rules in accordance with Chapter	62050
119. of the Revised Code prescribing procedures for collecting and	62051
forwarding the fees levied under divisions (B) and (C) of this	62052
section to the boards of county commissioners or directors of	62053
county or joint solid waste management districts and to the	62054
treasurers or other officers of municipal corporations and the	62055
fiscal officers of townships. The rules also shall prescribe the	62056
dates for forwarding the fees to the boards and officials and may	62057
prescribe any other requirements the director considers necessary	62058
or appropriate to implement and administer divisions (A), (B), and	62059
(C) of this section.	62060

Sec. 3734.901. (A)(1) For the purpose of providing revenue	62061
to defray the cost of administering and enforcing the scrap tire	62062
provisions of this chapter, rules adopted under those provisions,	62063
and terms and conditions of orders, variances, and licenses issued	62064
under those provisions; to abate accumulations of scrap tires; to	62065
make grants supporting market development activities for scrap	62066
tires and synthetic rubber from tire manufacturing processes and	62067
tire recycling processes and to support scrap tire amnesty and	62068
cleanup events; to make loans to promote the recycling or recovery	62069
of energy from scrap tires; and to defray the costs of	62070
administering and enforcing sections 3734.90 to 3734.9014 of the	62071
Revised Code, a fee of fifty cents per tire is hereby levied on	62072
the sale of tires. The proceeds of the fee shall be deposited in	62073
the state treasury to the credit of the scrap tire management fund	62074
created in section 3734.82 of the Revised Code. The fee is levied	62075
from the first day of the calendar month that begins next after	62076
thirty days from October 29, 1993, through June 30, ~~2013~~2016.	62077

(2) Beginning on July 1, 2011, and ending on June 30, ~~2013~~	62078
2016, there is hereby levied an additional fee of fifty cents per	62079
tire on the sale of tires the proceeds of which shall be deposited	62080
in the state treasury to the credit of the soil and water	62081
conservation district assistance fund created in section 1515.14	62082
of the Revised Code.	62083

(B) Only one sale of the same article shall be used in	62084
computing the amount of the fee due.	62085

Sec. 3734.907. (A) Any person required to pay the fee	62086
imposed by section 3734.901 of the Revised Code is personally	62087
liable for the fee. The tax commissioner may make an assessment,	62088
based upon any information in the commissioner's possession,	62089
against any person who fails to file a return or pay any fee,	62090
interest, or additional charge as required by sections 3734.90 to	62091
3734.9014 of the Revised Code. The commissioner shall give the	62092
person assessed written notice of the assessment in the manner	62093
provided in section 5703.37 of the Revised Code. With the notice,	62094
the commissioner shall provide instructions on how to petition for	62095
reassessment and request a hearing on the petition.	62096

(B) When the information in the possession of the tax	62097
commissioner indicates that a person liable for the fee imposed by	62098
section 3734.901 of the Revised Code has not paid the full amount	62099
of fee due, the commissioner may audit a representative sample of	62100
the person's business and may issue an assessment based on the	62101
audit.	62102

(C) A penalty of up to fifteen per cent may be added to all	62103
amounts assessed under this section. The commissioner may adopt	62104
rules providing for the imposition and remission of the penalties.	62105

(D) Unless the person assessed files with the tax	62106
commissioner within sixty days after service of the notice of	62107
assessment, either personally or by certified mail, a written	62108
petition for reassessment signed by the person assessed or that	62109
person's authorized agent having knowledge of the facts, the	62110
assessment becomes final and the amount of the assessment is due	62111
and payable from the person assessed to the treasurer of state.	62112
The petition shall indicate the objections of the person assessed,	62113
but additional objections may be raised in writing if received by	62114
the commissioner prior to the date shown on the final	62115
determination. If the petition has been properly filed, the	62116
commissioner shall proceed under section 5703.60 of the Revised	62117
Code.	62118

(E) After an assessment becomes final, if any portion of the	62119
assessment, including accrued interest, remains unpaid, a	62120
certified copy of the tax commissioner's entry making the	62121
assessment final may be filed in the office of the clerk of the	62122
court of common pleas in the county in which the person assessed	62123
resides or in which the person's business is conducted. If the	62124
person assessed maintains no place of business in this state and	62125
is not a resident of this state, the certified copy of the entry	62126
may be filed in the office of the clerk of the court of common	62127
pleas of Franklin county.	62128

Immediately upon the filing of the entry, the clerk shall	62129
enter a judgment for the state against the person assessed in the	62130
amount shown on the entry. The judgment may be filed by the clerk	62131
in a loose-leaf book entitled "special judgments for state tire	62132
fee," and shall have the same effect as other judgments. Execution	62133
shall issue upon the judgment upon the request of the tax	62134
commissioner, and all laws applicable to sales on execution shall	62135
apply to sales made under the judgment.	62136

~~The portion of~~If the assessment is not paid in its entirety	62137
within sixty days after the day the assessment was issued, the	62138
portion of the assessment consisting of tax due shall bear	62139
interest at the rate per annum prescribed by section 5703.47 of	62140
the Revised Code from the day the commissioner issues the	62141
assessment until the day the assessment is paid or until it is	62142
certified to the attorney general for collection under section	62143
131.02 of the Revised Code, whichever comes first. If the unpaid	62144
portion of the assessment is certified to the attorney general for	62145
collection, the entire unpaid portion of the assessment shall bear	62146
interest at the rate per annum prescribed by section 5703.47 of	62147
the Revised Code from the date of certification until the date it	62148
is paid in its entirety. Interest shall be paid in the same manner	62149
as the fee and may be collected by the issuance of an assessment	62150
under this section.	62151

(F) If the tax commissioner believes that collection of the	62152
fee will be jeopardized unless proceedings to collect or secure	62153
collection of the fee are instituted without delay, the	62154
commissioner may issue a jeopardy assessment against the person	62155
liable for the fee. Immediately upon the issuance of the jeopardy	62156
assessment, the commissioner shall file an entry with the clerk of	62157
the court of common pleas in the manner prescribed by division (E)	62158
of this section. Notice of the jeopardy assessment shall be served	62159
on the person assessed or the person's legal representative, as	62160
provided in section 5703.37 of the Revised Code, within five days	62161
of the filing of the entry with the clerk. The total amount	62162
assessed is immediately due and payable, unless the person	62163
assessed files a petition for reassessment in accordance with	62164
division (D) of this section and provides security in a form	62165
satisfactory to the commissioner and in an amount sufficient to	62166
satisfy the unpaid balance of the assessment. Full or partial	62167
payment of the assessment does not prejudice the commissioner's	62168
consideration of the petition for reassessment.	62169

(G) All money collected by the tax commissioner under this	62170
section shall be paid to the treasurer of state as revenue arising	62171
from the fee imposed by section 3734.901 of the Revised Code.	62172

Sec. 3735.58. (A) The director of ~~mental health~~mental	62173
health and addiction services, the director of developmental	62174
disabilities, or the director of rehabilitation and correction may	62175
enter into contracts for the sale of land not needed by their	62176
departments and under their jurisdiction or supervision to	62177
metropolitan housing authorities for use by such an authority for	62178
a housing project or projects. Such contract may contain such	62179
conditions and terms as are, in the discretion of the directors,	62180
in the best interests of the state and the welfare of the	62181
residents of the state.	62182

(B) The director may, upon receipt of a request from a	62183
metropolitan housing authority, request the approval of the	62184
governor to sell and convey land not needed by the director's	62185
department and under the director's jurisdiction or supervision to	62186
an authority, subject to such terms and conditions consistent with	62187
the public interest and welfare of the residents of the state as	62188
the director considers necessary. The governor, with the approval	62189
of the controlling board, may approve the request. Such property	62190
shall be appraised at its fair market value before it is conveyed.	62191
The director of administrative services shall cause it to be	62192
appraised by three disinterested persons and shall determine the	62193
fee which each appraiser shall receive, not to exceed fifty	62194
dollars. All appraisal fees shall be paid by the authority which	62195
shall deposit with the director one hundred fifty dollars before	62196
the appraisal is made. If the deposit exceeds the appraisal fee,	62197
the balance shall be returned to the authority. The appraisal	62198
value, when approved by the director, is the purchase price. If	62199
the purchase price is not paid within ninety days after notice to	62200
the authority of the approved appraisal value, the director shall	62201
withdraw approval of the appraisal value and no deed shall be	62202
delivered to the authority without the written approval of the	62203
director of the purchase price. If the purchase price is paid	62204
within ninety days, a deed shall be prepared and recorded pursuant	62205
to section 5301.13 of the Revised Code.	62206

(C) Moneys received from sales of land to a metropolitan	62207
housing authority shall be placed in the state treasury in special	62208
funds, to be used for such purposes of the department of ~~mental~~	62209
~~health~~mental health and addiction services, the department of	62210
developmental disabilities, or the department of rehabilitation	62211
and correction as is appropriate.	62212

Sec. 3735.661. (A) For the purpose of determining the "first	62213
two amendments" referenced in division (B) of Section 3 of Am.	62214
Sub. S.B. 19 of the 120th General Assembly, an amendment means any	62215
modification to an ordinance or resolution adopted under section	62216
3735.66 of the Revised Code that does any of the following:	62217

(1) Expands the geographic size of a community reinvestment	62218
area.	62219

(2) Increases a property's or category of property's exempted	62220
percentage of assessed valuation, notwithstanding the requirements	62221
of section 3735.66 of the Revised Code as that section existed on	62222
July 21, 1994. Division (A)(2) of this section does not authorize	62223
a municipal corporation to increase a property's or category of	62224
property's exempted percentage of assessed valuation pursuant to	62225
that section.	62226

(3) Increases the term of any tax exemption or authorized	62227
category of tax exemptions.	62228

(4) Extends the duration of a community reinvestment area

62229

(5) Changes eligibility requirements for receiving tax	62230
exemptions.	62231

(B) For the purpose of determining the "first two amendments"	62232
in division (B) of Section 3 of Am. Sub. S.B. 19 of the 120th	62233
General Assembly, an amendment does not include any modification	62234
to an ordinance or resolution adopted under section 3735.66 of the	62235
Revised Code that does any of the following:	62236

(1) Restricts the availability of tax exemptions, including	62237
any of the following:	62238

(a) Removes area from or decreases the geographic size of a	62239
community reinvestment area.	62240

(b) Decreases a property's or category of property's exempted	62241
percentage of assessed valuation, notwithstanding the requirements	62242
of section 3735.66 of the Revised Code as that section existed on	62243
July 21, 1994. Division (B)(1)(b) of this section does not	62244
authorize a municipal corporation to decrease a property's or	62245
category of property's exempted percentage of assessed valuation	62246
pursuant to that section.	62247

(c) Decreases the term of any tax exemption or category of	62248
exemption.	62249

(d) Shortens the period of time after which the granting of	62250
tax exemptions may be terminated.	62251

(2) Recognizes or confirms the continuing existence of a	62252
community reinvestment area until a date after which the area may	62253
be terminated.	62254

(3) Recognizes or confirms a previously granted tax	62255
exemption.	62256

(4) Clarifies ambiguities or corrects defects in previously	62257
enacted ordinances or resolutions.	62258

(5) Makes modifications that are procedural or	62259
administrative, including changing the designation of a housing	62260
officer, the process for approving or appealing a tax exemption,	62261
or the amount of any application fee, or modifying a community	62262
reinvestment area housing council created under section 3735.69 of	62263
the Revised Code or a tax incentive review council under section	62264
5709.85 of the Revised Code.	62265

Sec. 3737.02. (A) The fire marshal may collect fees to cover	62266
the costs of performing inspections and other duties that the fire	62267
marshal is authorized or required by law to perform. Except as	62268
provided in division (B) of this section, all fees collected by	62269
the fire marshal shall be deposited to the credit of the fire	62270
marshal's fund.	62271

(B) All of the following shall be credited to the underground	62272
storage tank administration fund, which is hereby created in the	62273
state treasury:	62274

(1) Fees collected under sections 3737.88 and 3737.881 of the	62275
Revised Code for operation of the underground storage tank and	62276
underground storage tank installer certification programs~~, moneys~~;	62277

(2) Moneys recovered under section 3737.89 of the Revised	62278
Code for the state's costs of undertaking corrective or	62279
enforcement actions under that section or section 3737.882 of the	62280
Revised Code~~, and fines~~;	62281

(3) Fines and penalties collected under section 3737.882 of	62282
the Revised Code ~~shall be credited to the underground storage tank~~	62283
~~administration fund, which is hereby created in the state~~	62284
~~treasury. All~~;	62285

(4) Amounts repaid for underground storage tank revolving	62286
loans under section 3737.883 of the Revised Code.	62287

(C) All interest earned on moneys credited to the underground	62288
storage tank administration fund shall be credited to the fund.	62289
Moneys credited to the underground storage tank administration	62290
fund shall be used by the fire marshal for implementation and	62291
enforcement of underground storage tank, corrective action, and	62292
installer certification programs under sections 3737.88 to 3737.89	62293
of the Revised Code. Only moneys described in divisions (B)(3) and	62294
(4) of this section shall be used by the fire marshal to make	62295
underground storage tank revolving loans under section 3737.883 of	62296
the Revised Code, and no other moneys may be used to make those	62297
loans.	62298

~~(C)~~(D) The fire marshal shall take all actions necessary to	62299
obtain any federal funding available to carry out the fire	62300
marshal's responsibilities under sections 3737.88 to 3737.89 of	62301
the Revised Code and federal laws regarding the cleaning up of	62302
releases of petroleum, as "release" is defined in section 3737.87	62303
of the Revised Code, including, without limitation, any federal	62304
funds that are available to reimburse the state for the costs of	62305
undertaking corrective actions for such releases of petroleum. The	62306
state may, when appropriate, return to the United States any	62307
federal funds recovered under sections 3737.882 and 3737.89 of the	62308
Revised Code.	62309

Sec. 3737.83. The fire marshal shall, as part of the state	62310
fire code, adopt rules to:	62311

(A) Establish minimum standards of performance for fire	62312
protection equipment and fire fighting equipment;	62313

(B) Establish minimum standards of training, fix minimum	62314
qualifications, and require certificates for all persons who	62315
engage in the business for profit of installing, testing,	62316
repairing, or maintaining fire protection equipment;	62317

(C) Provide for the issuance of certificates required under	62318
division (B) of this section and establish the fees to be charged	62319
for such certificates. A certificate shall be granted, renewed, or	62320
revoked according to rules the fire marshal shall adopt.	62321

(D) Establish minimum standards of flammability for consumer	62322
goods in any case where the federal government or any department	62323
or agency thereof has established, or may from time to time	62324
establish standards of flammability for consumer goods. The	62325
standards established by the fire marshal shall be identical to	62326
the minimum federal standards.	62327

In any case where the federal government or any department or	62328
agency thereof, establishes standards of flammability for consumer	62329
goods subsequent to the adoption of a flammability standard by the	62330
fire marshal, standards previously adopted by the fire marshal	62331
shall not continue in effect to the extent such standards are not	62332
identical to the minimum federal standards.	62333

With respect to the adoption of minimum standards of	62334
flammability, this division shall supersede any authority granted	62335
a political subdivision by any other section of the Revised Code.	62336

(E) Establish minimum standards pursuant to section 5104.05	62337
of the Revised Code for fire prevention and fire safety in child	62338
day-care centers and in type A family day-care homes, as defined	62339
in section 5104.01 of the Revised Code.	62340

(F) Establish minimum standards for fire prevention and	62341
safety in a residential facility licensed under section ~~5119.22~~	62342
5119.34 of the Revised Code that provides accommodations,	62343
supervision, and personal care services for three to sixteen	62344
unrelated adults. The fire marshal shall adopt the rules under	62345
this division in consultation with the director of ~~mental health~~	62346
mental health and addiction services and interested parties	62347
designated by the director of ~~mental health~~mental health and	62348
addiction services.	62349

Sec. 3737.841. As used in this section and section 3737.842	62350
of the Revised Code:	62351

(A) "Public occupancy" means all of the following:

62352

(1) Any state correctional institution as defined in section	62353
2967.01 of the Revised Code and any county, multicounty,	62354
municipal, or municipal-county jail or workhouse;	62355

(2) Any hospital as defined in section 3727.01 of the Revised	62356
Code, any hospital licensed by the department of ~~mental health~~	62357
mental health and addiction services under section ~~5119.20~~5119.33	62358
of the Revised Code, and any institution, hospital, or other place	62359
established, controlled, or supervised by the department of ~~mental~~	62360
~~health~~mental health and addiction services under Chapter 5119. of	62361
the Revised Code;	62362

(3) Any nursing home, residential care facility, or home for	62363
the aging as defined in section 3721.01 of the Revised Code and	62364
any residential facility licensed under section ~~5119.22~~5119.34 of	62365
the Revised Code that provides accommodations, supervision, and	62366
personal care services for three to sixteen unrelated adults;	62367

(4) Any child day-care center and any type A family day-care	62368
home as defined in section 5104.01 of the Revised Code;	62369

(5) Any public auditorium or stadium;

62370

(6) Public assembly areas of hotels and motels containing	62371
more than ten articles of seating furniture.	62372

(B) "Sell" includes sell, offer or expose for sale, barter,	62373
trade, deliver, give away, rent, consign, lease, possess for sale,	62374
or dispose of in any other commercial manner.	62375

(C) Except as provided in division (D) of this section,	62376
"seating furniture" means any article of furniture, including	62377
children's furniture, that can be used as a support for an	62378
individual, or an individual's limbs or feet, when sitting or	62379
resting in an upright or reclining position and that either:	62380

(1) Is made with loose or attached cushions or pillows;

62381

(2) Is stuffed or filled in whole or in part with any filling	62382
material;	62383

(3) Is or can be stuffed or filled in whole or in part with	62384
any substance or material, concealed by fabric or any other	62385
covering.	62386

"Seating furniture" includes the cushions or pillows	62387
belonging to or forming a part of the furniture, the structural	62388
unit, and the filling material and its container or covering.	62389

(D) "Seating furniture" does not include, except if intended	62390
for use by children or in facilities designed for the care or	62391
treatment of humans, any of the following:	62392

(1) Cushions or pads intended solely for outdoor use;

62393

(2) Any article with a smooth surface that contains no more	62394
than one-half inch of filling material, if that article does not	62395
have an upholstered horizontal surface meeting an upholstered	62396
vertical surface;	62397

(3) Any article manufactured solely for recreational use or	62398
physical fitness purposes, including weight-lifting benches,	62399
gymnasium mats or pads, and sidehorses.	62400

(E) "Filling material" means cotton, wool, kapok, feathers,	62401
down, hair, liquid, or any other natural or artificial material or	62402
substance that is used or can be used as stuffing in seating	62403
furniture.	62404

Sec. 3737.88. (A)(1) The fire marshal shall have	62405
responsibility for implementation of the underground storage tank	62406
program and corrective action program for releases of petroleum	62407
from underground storage tanks established by the "Resource	62408
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	62409
6901, as amended. To implement the programs, the fire marshal may	62410
adopt, amend, and rescind such rules, conduct such inspections,	62411
require annual registration of underground storage tanks, issue	62412
such citations and orders to enforce those rules, enter into	62413
environmental covenants in accordance with sections 5301.80 to	62414
5301.92 of the Revised Code, and perform such other duties, as are	62415
consistent with those programs. The fire marshal, by rule, may	62416
delegate the authority to conduct inspections of underground	62417
storage tanks to certified fire safety inspectors.	62418

(2) In the place of any rules regarding release containment	62419
and release detection for underground storage tanks adopted under	62420
division (A)(1) of this section, the fire marshal, by rule, shall	62421
designate areas as being sensitive for the protection of human	62422
health and the environment and adopt alternative rules regarding	62423
release containment and release detection methods for new and	62424
upgraded underground storage tank systems located in those areas.	62425
In designating such areas, the fire marshal shall take into	62426
consideration such factors as soil conditions, hydrogeology, water	62427
use, and the location of public and private water supplies. Not	62428
later than July 11, 1990, the fire marshal shall file the rules	62429
required under this division with the secretary of state, director	62430
of the legislative service commission, and joint committee on	62431
agency rule review in accordance with divisions (B) and (H) of	62432
section 119.03 of the Revised Code.	62433

(3) Notwithstanding sections 3737.87 to 3737.89 of the	62434
Revised Code, a person who is not a responsible person, as	62435
determined by the fire marshal pursuant to this chapter, may	62436
conduct a voluntary action in accordance with Chapter 3746. of the	62437
Revised Code and rules adopted under it for either of the	62438
following:	62439

(a) A class C release;

62440

(b) A release, other than a class C release, that is subject	62441
to the rules adopted by the fire marshal under division (B) of	62442
section 3737.882 of the Revised Code pertaining to a corrective	62443
action, provided that both of the following apply:	62444

(i) The voluntary action also addresses hazardous substances	62445
or petroleum that is not subject to the rules adopted under	62446
division (B) of section 3737.882 of the Revised Code pertaining to	62447
a corrective action.	62448

(ii) The fire marshal has not issued an administrative order	62449
concerning the release or referred the release to the attorney	62450
general for enforcement.	62451

The director of environmental protection, pursuant to section	62452
3746.12 of the Revised Code, may issue a covenant not to sue to	62453
any person who properly completes a voluntary action with respect	62454
to any such release in accordance with Chapter 3746. of the	62455
Revised Code and rules adopted under it.	62456

(B) Before adopting any rule under this section or section	62457
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	62458
file written notice of the proposed rule with the chairperson of	62459
the state fire council, and, within sixty days after notice is	62460
filed, the council may file responses to or comments on and may	62461
recommend alternative or supplementary rules to the fire marshal.	62462
At the end of the sixty-day period or upon the filing of	62463
responses, comments, or recommendations by the council, the fire	62464
marshal may adopt the rule filed with the council or any	62465
alternative or supplementary rule recommended by the council.	62466

(C) The state fire council may recommend courses of action to	62467
be taken by the fire marshal in carrying out the fire marshal's	62468
duties under this section. The council shall file its	62469
recommendations in the office of the fire marshal, and, within	62470
sixty days after the recommendations are filed, the fire marshal	62471
shall file with the chairperson of the council comments on, and	62472
proposed action in response to, the recommendations.	62473

(D) For the purpose of sections 3737.87 to 3737.89 of the	62474
Revised Code, the fire marshal shall adopt, and may amend and	62475
rescind, rules identifying or listing hazardous substances. The	62476
rules shall be consistent with and equivalent in scope, coverage,	62477
and content to regulations identifying or listing hazardous	62478
substances adopted under the "Comprehensive Environmental	62479
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	62480
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	62481
not identify or list as a hazardous substance any hazardous waste	62482
identified or listed in rules adopted under division (A) of	62483
section 3734.12 of the Revised Code.	62484

(E) Except as provided in division (A)(3) of this section,	62485
the fire marshal shall have exclusive jurisdiction to regulate the	62486
storage, treatment, and disposal of petroleum contaminated soil	62487
generated from corrective actions undertaken in response to	62488
releases of petroleum from underground storage tank systems. The	62489
fire marshal may adopt, amend, or rescind such rules as the fire	62490
marshal considers to be necessary or appropriate to regulate the	62491
storage, treatment, or disposal of petroleum contaminated soil so	62492
generated.	62493

(F) The fire marshal shall adopt, amend, and rescind rules	62494
under sections 3737.88 to ~~3737.882~~3737.883 of the Revised Code in	62495
accordance with Chapter 119. of the Revised Code.	62496

Sec. 3737.883. (A) As used in this section, "political	62497
subdivision" has the same meaning as in section 2744.01 of the	62498
Revised Code, but includes a community improvement corporation as	62499
that term is defined in section 1724.01 of the Revised Code.	62500

(B) A political subdivision may do any of the following for	62501
an underground storage tank located within its territorial	62502
boundaries if the responsible person is not identifiable or if the	62503
state fire marshal determines that an identified responsible	62504
person is unable to pay the costs of the action to be taken by the	62505
political subdivision:	62506

(1) Initiate, continue, or properly complete the removal of	62507
an underground storage tank system;	62508

(2) Initiate, continue, or properly complete an assessment of	62509
the site of an underground storage tank or the site of an	62510
underground storage tank system;	62511

(3) Initiate, continue, or properly complete a corrective	62512
action.	62513

(C) The state fire marshal or the state fire marshal's	62514
designee shall administer an underground storage tank revolving	62515
loan program under which the state fire marshal issues loans to	62516
assist with the costs of actions described in divisions (B)(1) to	62517
(3) of this section. The state fire marshal shall issue a loan	62518
under the program to a political subdivision that meets the	62519
application requirements of division (D) of this section and	62520
agrees to written terms and conditions of the loan with the state	62521
fire marshal.	62522

(D) A political subdivision shall apply to the state fire	62523
marshal for a loan under this section on a form prescribed by the	62524
state fire marshal. In the application, the political subdivision	62525
shall do all of the following:	62526

(1) Describe the action for which it is requesting a loan;

62527

(2) State the requested loan amount;

62528

(3) Explain how the political subdivision plans to spend, of	62529
its own funds, in undertaking the action for which the loan is	62530
requested, an amount equal to at least five per cent of the	62531
requested loan amount;	62532

(4) Provide any other information requested by the state fire	62533
marshal.	62534

(E) The state fire marshal shall consult with the director of	62535
development services before issuing any loan under this section.	62536

(F) A loan issued under this section shall not carry	62537
interest. No loan issued under this section shall have a term of	62538
more than ten years. The political subdivision shall repay a loan	62539
issued under this section to the state fire marshal.	62540

(G) If, at any time after the expenditure of loan funds by a	62541
political subdivision under this section, the state fire marshal	62542
or any law enforcement agency identifies the responsible person or	62543
determines, for any reason, that the previously identified	62544
responsible person was or is able to pay the costs of the action	62545
for which the loan was issued, the political subdivision may bring	62546
any appropriate proceedings against the responsible person to	62547
recover the costs incurred by the political subdivision. The	62548
proceedings may be brought in either the court of common pleas	62549
having jurisdiction where the underground storage tank is located	62550
or the court of common pleas of Franklin county.	62551

(H)(1) The state fire marshal shall adopt and may amend and	62552
rescind rules as necessary for the administration and operation of	62553
the underground storage tank revolving loan program. The rules may	62554
do any of the following:	62555

(a) Further define the entities considered "political	62556
subdivisions" eligible to receive loans;	62557

(b) Establish qualifying criteria for loan recipients;

62558

(c) Establish criteria for awarding loans, loan amounts, loan	62559
payment terms, and permissible expenditures of loan funds,	62560
including methods that the state fire marshal may use to verify	62561
the proper use of loan funds or to obtain reimbursement for or the	62562
return of improperly used loan funds.	62563

(2) The state fire marshal may adopt and may amend and	62564
rescind rules for the issuance of emergency underground storage	62565
tank revolving loans to qualifying entities during a natural	62566
disaster or another similar event as defined in the rules.	62567

~~Sec. 3737.883.~~ Sec. 3737.884. On receipt of a notice pursuant to	62568
section 3123.43 of the Revised Code, the state fire marshal shall	62569
comply with sections 3123.41 to 3123.50 of the Revised Code and	62570
any applicable rules adopted under section 3123.63 of the Revised	62571
Code with respect to a certificate issued pursuant to section	62572
3737.34, 3737.65, 3737.83, or 3737.881 of the Revised Code.	62573

Sec. 3742.30. Each child at risk of lead poisoning shall	62574
undergo a blood lead screening test to determine whether the child	62575
has lead poisoning. The at-risk children shall undergo the test at	62576
times determined by rules the director of health shall adopt in	62577
accordance with Chapter 119. of the Revised Code that are	62578
consistent with the guidelines established by the centers for	62579
disease control and prevention in the public health service of the	62580
United States department of health and human services. The rules	62581
shall specify which children are at risk of lead poisoning.	62582

Neither this section nor the rules adopted under it affect	62583
the coverage of blood lead screening tests by any publicly funded	62584
health program, including the medicaid program ~~established by~~	62585
~~Chapter 5111. of the Revised Code~~. Neither this section nor the	62586
rules adopted under it apply to a child if a parent of the child	62587
objects to the test on the grounds that the test conflicts with	62588
the parent's religious tenets and practices.	62589

Sec. 3742.31. (A) The director of health shall establish,	62590
promote, and maintain a child lead poisoning prevention program.	62591
The program shall provide statewide coordination of screening,	62592
diagnosis, and treatment services for children under age six,	62593
including both of the following:	62594

(1) Collecting the social security numbers of all children	62595
screened, diagnosed, or treated as part of the program's case	62596
management system;	62597

(2) Disclosing to the ~~office of medical assistance in the~~	62598
department of ~~job and family services~~medicaid on at least an	62599
annual basis the identity and lead screening test results of each	62600
child screened pursuant to section 3742.30 of the Revised Code.	62601
The director shall collect and disseminate information relating to	62602
child lead poisoning and controlling lead hazards.	62603

(B) The director of health shall operate the child lead	62604
poisoning prevention program in accordance with rules adopted	62605
under section 3742.50 of the Revised Code. The director may enter	62606
into an interagency agreement with one or more other state	62607
agencies to perform one or more of the program's duties. The	62608
director shall supervise and direct an agency's performance of	62609
such a duty.	62610

Sec. 3742.32. (A) The director of health shall appoint an	62611
advisory council to assist in the ongoing development and	62612
implementation of the child lead poisoning prevention program	62613
created under section 3742.31 of the Revised Code. The advisory	62614
council shall consist of the following members:	62615

(1) A representative of the ~~office of medical assistance in~~	62616
~~the~~ department of ~~job and family services~~medicaid;	62617

(2) A representative of the bureau of child care in the	62618
department of job and family services;	62619

(3) A representative of the department of environmental	62620
protection;	62621

(4) A representative of the department of education;

62622

(5) A representative of the ~~department of~~ development	62623
services agency;	62624

(6) A representative of the Ohio apartment owner's	62625
association;	62626

(7) A representative of the Ohio help end lead poisoning	62627
coalition;	62628

(8) A representative of the Ohio environmental health	62629
association;	62630

(9) An Ohio representative of the national paint and coatings	62631
association.	62632

(B) The advisory council shall do both of the following:

62633

(1) Provide the director with advice regarding the policies	62634
the child lead poisoning prevention program should emphasize,	62635
preferred methods of financing the program, and any other matter	62636
relevant to the program's operation;	62637

(2) Submit a report of the state's activities to the	62638
governor, president of the senate, and speaker of the house of	62639
representatives on or before the first day of March each year.	62640

(C) The advisory council is not subject to sections 101.82 to	62641
101.87 of the Revised Code.	62642

Sec. 3742.51. (A) There is hereby created in the state	62643
treasury the lead poisoning prevention fund. The fund shall	62644
include all moneys appropriated to the department of health for	62645
the administration and enforcement of sections 3742.31 to 3742.50	62646
of the Revised Code and the rules adopted under those sections.	62647
Any grants, contributions, or other moneys collected by the	62648
department for purposes of preventing lead poisoning shall be	62649
deposited in the state treasury to the credit of the fund.	62650

(B) Moneys in the fund shall be used solely for the purposes	62651
of the child lead poisoning prevention program established under	62652
section 3742.31 of the Revised Code, including providing financial	62653
assistance to individuals who are unable to pay for the following:	62654

(1) Costs associated with obtaining lead tests and lead	62655
poisoning treatment for children under six years of age who are	62656
not covered by private medical insurance or are underinsured, are	62657
not eligible for the medicaid program ~~established under Chapter~~	62658
~~5111. of the Revised Code~~ or any other government health program,	62659
and do not have access to another source of funds to cover the	62660
cost of lead tests and any indicated treatments;	62661

(2) Costs associated with having lead abatement performed or	62662
having the preventive treatments specified in section 3742.41 of	62663
the Revised Code performed.	62664

Sec. 3745.11. (A) Applicants for and holders of permits,	62665
licenses, variances, plan approvals, and certifications issued by	62666
the director of environmental protection pursuant to Chapters	62667
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	62668
to the environmental protection agency for each such issuance and	62669
each application for an issuance as provided by this section. No	62670
fee shall be charged for any issuance for which no application has	62671
been submitted to the director.	62672

(B) Except as otherwise provided in division (C)(2) of this	62673
section, beginning July 1, 1994, each person who owns or operates	62674
an air contaminant source and who is required to apply for and	62675
obtain a Title V permit under section 3704.036 of the Revised Code	62676
shall pay the fees set forth in this division. For the purposes of	62677
this division, total emissions of air contaminants may be	62678
calculated using engineering calculations, emissions factors,	62679
material balance calculations, or performance testing procedures,	62680
as authorized by the director.	62681

The following fees shall be assessed on the total actual	62682
emissions from a source in tons per year of the regulated	62683
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	62684
organic compounds, and lead:	62685

(1) Fifteen dollars per ton on the total actual emissions of	62686
each such regulated pollutant during the period July through	62687
December 1993, to be collected no sooner than July 1, 1994;	62688

(2) Twenty dollars per ton on the total actual emissions of	62689
each such regulated pollutant during calendar year 1994, to be	62690
collected no sooner than April 15, 1995;	62691

(3) Twenty-five dollars per ton on the total actual emissions	62692
of each such regulated pollutant in calendar year 1995, and each	62693
subsequent calendar year, to be collected no sooner than the	62694
fifteenth day of April of the year next succeeding the calendar	62695
year in which the emissions occurred.	62696

The fees levied under this division do not apply to that	62697
portion of the emissions of a regulated pollutant at a facility	62698
that exceed four thousand tons during a calendar year.	62699

(C)(1) The fees assessed under division (B) of this section	62700
are for the purpose of providing funding for the Title V permit	62701
program.	62702

(2) The fees assessed under division (B) of this section do	62703
not apply to emissions from any electric generating unit	62704
designated as a Phase I unit under Title IV of the federal Clean	62705
Air Act prior to calendar year 2000. Those fees shall be assessed	62706
on the emissions from such a generating unit commencing in	62707
calendar year 2001 based upon the total actual emissions from the	62708
generating unit during calendar year 2000 and shall continue to be	62709
assessed each subsequent calendar year based on the total actual	62710
emissions from the generating unit during the preceding calendar	62711
year.	62712

(3) The director shall issue invoices to owners or operators	62713
of air contaminant sources who are required to pay a fee assessed	62714
under division (B) or (D) of this section. Any such invoice shall	62715
be issued no sooner than the applicable date when the fee first	62716
may be collected in a year under the applicable division, shall	62717
identify the nature and amount of the fee assessed, and shall	62718
indicate that the fee is required to be paid within thirty days	62719
after the issuance of the invoice.	62720

(D)(1) Except as provided in division (D)(3) of this section,	62721
from January 1, 1994, through December 31, 2003, each person who	62722
owns or operates an air contaminant source; who is required to	62723
apply for a permit to operate pursuant to rules adopted under	62724
division (G), or a variance pursuant to division (H), of section	62725
3704.03 of the Revised Code; and who is not required to apply for	62726
and obtain a Title V permit under section 3704.036 of the Revised	62727
Code shall pay a single fee based upon the sum of the actual	62728
annual emissions from the facility of the regulated pollutants	62729
particulate matter, sulfur dioxide, nitrogen oxides, organic	62730
compounds, and lead in accordance with the following schedule:	62731

Total tons per year		62732
of regulated pollutants	Annual fee	62733
emitted	per facility	62734
More than 0, but less than 50	$ 75	62735
50 or more, but less than 100	300	62736
100 or more	700	62737

(2) Except as provided in division (D)(3) of this section,	62738
beginning January 1, 2004, each person who owns or operates an air	62739
contaminant source; who is required to apply for a permit to	62740
operate pursuant to rules adopted under division (G), or a	62741
variance pursuant to division (H), of section 3704.03 of the	62742
Revised Code; and who is not required to apply for and obtain a	62743
Title V permit under section 3704.03 of the Revised Code shall pay	62744
a single fee based upon the sum of the actual annual emissions	62745
from the facility of the regulated pollutants particulate matter,	62746
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	62747
accordance with the following schedule:	62748

Total tons per year		62749
of regulated pollutants	Annual fee	62750
emitted	per facility	62751
More than 0, but less than 10	$ 100	62752
10 or more, but less than 50	200	62753
50 or more, but less than 100	300	62754
100 or more	700	62755

(3)(a) As used in division (D) of this section, "synthetic	62756
minor facility" means a facility for which one or more permits to	62757
install or permits to operate have been issued for the air	62758
contaminant sources at the facility that include terms and	62759
conditions that lower the facility's potential to emit air	62760
contaminants below the major source thresholds established in	62761
rules adopted under section 3704.036 of the Revised Code.	62762

(b) Beginning January 1, 2000, through June 30, ~~2014~~2016,	62763
each person who owns or operates a synthetic minor facility shall	62764
pay an annual fee based on the sum of the actual annual emissions	62765
from the facility of particulate matter, sulfur dioxide, nitrogen	62766
dioxide, organic compounds, and lead in accordance with the	62767
following schedule:	62768

Combined total tons		62769
per year of all regulated	Annual fee	62770
pollutants emitted	per facility	62771

Less than 10	$ 170	62772
10 or more, but less than 20	340	62773
20 or more, but less than 30	670	62774
30 or more, but less than 40	1,010	62775
40 or more, but less than 50	1,340	62776
50 or more, but less than 60	1,680	62777
60 or more, but less than 70	2,010	62778
70 or more, but less than 80	2,350	62779
80 or more, but less than 90	2,680	62780
90 or more, but less than 100	3,020	62781
100 or more	3,350	62782

(4) The fees assessed under division (D)(1) of this section	62783
shall be collected annually no sooner than the fifteenth day of	62784
April, commencing in 1995. The fees assessed under division (D)(2)	62785
of this section shall be collected annually no sooner than the	62786
fifteenth day of April, commencing in 2005. The fees assessed	62787
under division (D)(3) of this section shall be collected no sooner	62788
than the fifteenth day of April, commencing in 2000. The fees	62789
assessed under division (D) of this section in a calendar year	62790
shall be based upon the sum of the actual emissions of those	62791
regulated pollutants during the preceding calendar year. For the	62792
purpose of division (D) of this section, emissions of air	62793
contaminants may be calculated using engineering calculations,	62794
emission factors, material balance calculations, or performance	62795
testing procedures, as authorized by the director. The director,	62796
by rule, may require persons who are required to pay the fees	62797
assessed under division (D) of this section to pay those fees	62798
biennially rather than annually.	62799

(E)(1) Consistent with the need to cover the reasonable costs	62800
of the Title V permit program, the director annually shall	62801
increase the fees prescribed in division (B) of this section by	62802
the percentage, if any, by which the consumer price index for the	62803
most recent calendar year ending before the beginning of a year	62804
exceeds the consumer price index for calendar year 1989. Upon	62805
calculating an increase in fees authorized by division (E)(1) of	62806
this section, the director shall compile revised fee schedules for	62807
the purposes of division (B) of this section and shall make the	62808
revised schedules available to persons required to pay the fees	62809
assessed under that division and to the public.	62810

(2) For the purposes of division (E)(1) of this section:

62811

(a) The consumer price index for any year is the average of	62812
the consumer price index for all urban consumers published by the	62813
United States department of labor as of the close of the	62814
twelve-month period ending on the thirty-first day of August of	62815
that year.	62816

(b) If the 1989 consumer price index is revised, the director	62817
shall use the revision of the consumer price index that is most	62818
consistent with that for calendar year 1989.	62819

(F) Each person who is issued a permit to install pursuant to	62820
rules adopted under division (F) of section 3704.03 of the Revised	62821
Code on or after July 1, 2003, shall pay the fees specified in the	62822
following schedules:	62823

(1) Fuel-burning equipment (boilers, furnaces, or process	62824
heaters used in the process of burning fuel for the primary	62825
purpose of producing heat or power by indirect heat transfer)	62826

Input capacity (maximum)		62827
(million British thermal units per hour)	Permit to install	62828
Greater than 0, but less than 10	$ 200	62829
10 or more, but less than 100	400	62830
100 or more, but less than 300	1000	62831
300 or more, but less than 500	2250	62832
500 or more, but less than 1000	3750	62833
1000 or more, but less than 5000	6000	62834
5000 or more	9000	62835

Units burning exclusively natural gas, number two fuel oil,	62836
or both shall be assessed a fee that is one-half the applicable	62837
amount shown in division (F)(1) of this section.	62838

(2) Combustion turbines and stationary internal combustion	62839
engines designed to generate electricity	62840

Generating capacity (mega watts)	Permit to install	62841
0 or more, but less than 10	$ 25	62842
10 or more, but less than 25	150	62843
25 or more, but less than 50	300	62844
50 or more, but less than 100	500	62845
100 or more, but less than 250	1000	62846
250 or more	2000	62847

(3) Incinerators

62848

Input capacity (pounds per hour)	Permit to install	62849
0 to 100	$ 100	62850
101 to 500	500	62851
501 to 2000	1000	62852
2001 to 20,000	1500	62853
more than 20,000	3750	62854

(4)(a) Process

62855

Process weight rate (pounds per hour)	Permit to install	62856
0 to 1000	$ 200	62857
1001 to 5000	500	62858
5001 to 10,000	750	62859
10,001 to 50,000	1000	62860
more than 50,000	1250	62861

In any process where process weight rate cannot be	62862
ascertained, the minimum fee shall be assessed. A boiler, furnace,	62863
combustion turbine, stationary internal combustion engine, or	62864
process heater designed to provide direct heat or power to a	62865
process not designed to generate electricity shall be assessed a	62866
fee established in division (F)(4)(a) of this section. A	62867
combustion turbine or stationary internal combustion engine	62868
designed to generate electricity shall be assessed a fee	62869
established in division (F)(2) of this section.	62870

(b) Notwithstanding division (F)(4)(a) of this section, any	62871
person issued a permit to install pursuant to rules adopted under	62872
division (F) of section 3704.03 of the Revised Code shall pay the	62873
fees set forth in division (F)(4)(c) of this section for a process	62874
used in any of the following industries, as identified by the	62875
applicable two-digit, three-digit, or four-digit standard	62876
industrial classification code according to the Standard	62877
Industrial Classification Manual published by the United States	62878
office of management and budget in the executive office of the	62879
president, 1987, as revised:	62880

Major group 10, metal mining;

62881

Major group 12, coal mining;

62882

Major group 14, mining and quarrying of nonmetallic minerals;

62883

Industry group 204, grain mill products;

62884

2873 Nitrogen fertilizers;

62885

2874 Phosphatic fertilizers;

62886

3281 Cut stone and stone products;

62887

3295 Minerals and earth, ground or otherwise treated;

62888

4221 Grain elevators (storage only);

62889

5159 Farm related raw materials;

62890

5261 Retail nurseries and lawn and garden supply stores.

62891

(c) The fees set forth in the following schedule apply to the	62892
issuance of a permit to install pursuant to rules adopted under	62893
division (F) of section 3704.03 of the Revised Code for a process	62894
identified in division (F)(4)(b) of this section:	62895

Process weight rate (pounds per hour)	Permit to install	62896
0 to 10,000	$ 200	62897
10,001 to 50,000	400	62898
50,001 to 100,000	500	62899
100,001 to 200,000	600	62900
200,001 to 400,000	750	62901
400,001 or more	900	62902

(5) Storage tanks

62903

Gallons (maximum useful capacity)	Permit to install	62904
0 to 20,000	$ 100	62905
20,001 to 40,000	150	62906
40,001 to 100,000	250	62907
100,001 to 500,000	400	62908
500,001 or greater	750	62909

(6) Gasoline/fuel dispensing facilities

62910

For each gasoline/fuel		62911
dispensing facility (includes all	Permit to install	62912
units at the facility)	$ 100	62913

(7) Dry cleaning facilities

62914

For each dry cleaning		62915
facility (includes all units	Permit to install	62916
at the facility)	$ 100	62917

(8) Registration status

62918

For each source covered			Permit to install			62919
by registration status			$ 75			62920

(G) An owner or operator who is responsible for an asbestos	62921
demolition or renovation project pursuant to rules adopted under	62922
section 3704.03 of the Revised Code shall pay the fees set forth	62923
in the following schedule:	62924

Action	Fee	62925
Each notification	$75	62926
Asbestos removal	$3/unit	62927
Asbestos cleanup	$4/cubic yard	62928

For purposes of this division, "unit" means any combination of	62929
linear feet or square feet equal to fifty.	62930

(H) A person who is issued an extension of time for a permit	62931
to install an air contaminant source pursuant to rules adopted	62932
under division (F) of section 3704.03 of the Revised Code shall	62933
pay a fee equal to one-half the fee originally assessed for the	62934
permit to install under this section, except that the fee for such	62935
an extension shall not exceed two hundred dollars.	62936

(I) A person who is issued a modification to a permit to	62937
install an air contaminant source pursuant to rules adopted under	62938
section 3704.03 of the Revised Code shall pay a fee equal to	62939
one-half of the fee that would be assessed under this section to	62940
obtain a permit to install the source. The fee assessed by this	62941
division only applies to modifications that are initiated by the	62942
owner or operator of the source and shall not exceed two thousand	62943
dollars.	62944

(J) Notwithstanding division (F) of this section, a person	62945
who applies for or obtains a permit to install pursuant to rules	62946
adopted under division (F) of section 3704.03 of the Revised Code	62947
after the date actual construction of the source began shall pay a	62948
fee for the permit to install that is equal to twice the fee that	62949
otherwise would be assessed under the applicable division unless	62950
the applicant received authorization to begin construction under	62951
division (W) of section 3704.03 of the Revised Code. This division	62952
only applies to sources for which actual construction of the	62953
source begins on or after July 1, 1993. The imposition or payment	62954
of the fee established in this division does not preclude the	62955
director from taking any administrative or judicial enforcement	62956
action under this chapter, Chapter 3704., 3714., 3734., or 6111.	62957
of the Revised Code, or a rule adopted under any of them, in	62958
connection with a violation of rules adopted under division (F) of	62959
section 3704.03 of the Revised Code.	62960

As used in this division, "actual construction of the source"	62961
means the initiation of physical on-site construction activities	62962
in connection with improvements to the source that are permanent	62963
in nature, including, without limitation, the installation of	62964
building supports and foundations and the laying of underground	62965
pipework.	62966

(K)(1) Money received under division (B) of this section	62967
shall be deposited in the state treasury to the credit of the	62968
Title V clean air fund created in section 3704.035 of the Revised	62969
Code. Annually, fifty cents per ton of each fee assessed under	62970
division (B) of this section on actual emissions from a source and	62971
received by the environmental protection agency pursuant to that	62972
division shall be transferred using an interstate transfer voucher	62973
to the state treasury to the credit of the small business	62974
assistance fund created in section 3706.19 of the Revised Code. In	62975
addition, annually, the amount of money necessary for the	62976
operation of the office of ombudsperson as determined under	62977
division (B) of that section shall be transferred to the state	62978
treasury to the credit of the small business ombudsperson fund	62979
created by that section.	62980

(2) Money received by the agency pursuant to divisions (D),	62981
(F), (G), (H), (I), and (J) of this section shall be deposited in	62982
the state treasury to the credit of the non-Title V clean air fund	62983
created in section 3704.035 of the Revised Code.	62984

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	62985
or (c) of this section, a person issued a water discharge permit	62986
or renewal of a water discharge permit pursuant to Chapter 6111.	62987
of the Revised Code shall pay a fee based on each point source to	62988
which the issuance is applicable in accordance with the following	62989
schedule:	62990

Design flow discharge (gallons per day)	Fee	62991
0 to 1000	$ 0	62992
1,001 to 5000	100	62993
5,001 to 50,000	200	62994
50,001 to 100,000	300	62995
100,001 to 300,000	525	62996
over 300,000	750	62997

(b) Notwithstanding the fee schedule specified in division	62998
(L)(1)(a) of this section, the fee for a water discharge permit	62999
that is applicable to coal mining operations regulated under	63000
Chapter 1513. of the Revised Code shall be two hundred fifty	63001
dollars per mine.	63002

(c) Notwithstanding the fee schedule specified in division	63003
(L)(1)(a) of this section, the fee for a water discharge permit	63004
for a public discharger identified by I in the third character of	63005
the permittee's NPDES permit number shall not exceed seven hundred	63006
fifty dollars.	63007

(2) A person applying for a plan approval for a wastewater	63008
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	63009
of the Revised Code shall pay a fee of one hundred dollars plus	63010
sixty-five one-hundredths of one per cent of the estimated project	63011
cost through June 30, ~~2014~~2016, and one hundred dollars plus	63012
two-tenths of one per cent of the estimated project cost on and	63013
after July 1, ~~2014~~2016, except that the total fee shall not	63014
exceed fifteen thousand dollars through June 30, ~~2014~~2016, and	63015
five thousand dollars on and after July 1, ~~2014~~2016. The fee	63016
shall be paid at the time the application is submitted.	63017

(3) A person issued a modification of a water discharge	63018
permit shall pay a fee equal to one-half the fee that otherwise	63019
would be charged for a water discharge permit, except that the fee	63020
for the modification shall not exceed four hundred dollars.	63021

(4) A person who has entered into an agreement with the	63022
director under section 6111.14 of the Revised Code shall pay an	63023
administrative service fee for each plan submitted under that	63024
section for approval that shall not exceed the minimum amount	63025
necessary to pay administrative costs directly attributable to	63026
processing plan approvals. The director annually shall calculate	63027
the fee and shall notify all persons who have entered into	63028
agreements under that section, or who have applied for agreements,	63029
of the amount of the fee.	63030

(5)(a)(i) Not later than January 30, ~~2012~~2014, and January	63031
30, ~~2013~~2015, a person holding an NPDES discharge permit issued	63032
pursuant to Chapter 6111. of the Revised Code with an average	63033
daily discharge flow of five thousand gallons or more shall pay a	63034
nonrefundable annual discharge fee. Any person who fails to pay	63035
the fee at that time shall pay an additional amount that equals	63036
ten per cent of the required annual discharge fee.	63037

(ii) The billing year for the annual discharge fee	63038
established in division (L)(5)(a)(i) of this section shall consist	63039
of a twelve-month period beginning on the first day of January of	63040
the year preceding the date when the annual discharge fee is due.	63041
In the case of an existing source that permanently ceases to	63042
discharge during a billing year, the director shall reduce the	63043
annual discharge fee, including the surcharge applicable to	63044
certain industrial facilities pursuant to division (L)(5)(c) of	63045
this section, by one-twelfth for each full month during the	63046
billing year that the source was not discharging, but only if the	63047
person holding the NPDES discharge permit for the source notifies	63048
the director in writing, not later than the first day of October	63049
of the billing year, of the circumstances causing the cessation of	63050
discharge.	63051

(iii) The annual discharge fee established in division	63052
(L)(5)(a)(i) of this section, except for the surcharge applicable	63053
to certain industrial facilities pursuant to division (L)(5)(c) of	63054
this section, shall be based upon the average daily discharge flow	63055
in gallons per day calculated using first day of May through	63056
thirty-first day of October flow data for the period two years	63057
prior to the date on which the fee is due. In the case of NPDES	63058
discharge permits for new sources, the fee shall be calculated	63059
using the average daily design flow of the facility until actual	63060
average daily discharge flow values are available for the time	63061
period specified in division (L)(5)(a)(iii) of this section. The	63062
annual discharge fee may be prorated for a new source as described	63063
in division (L)(5)(a)(ii) of this section.	63064

(b) An NPDES permit holder that is a public discharger shall	63065
pay the fee specified in the following schedule:	63066

Average daily	Fee due by	63067
discharge flow	January 30,	63068
	~~2012~~ 2014, and	63069
	January 30, ~~2013~~ 2015	63070

5,000 to 49,999	$ 200	63071
50,000 to 100,000	500	63072
100,001 to 250,000	1,050	63073
250,001 to 1,000,000	2,600	63074
1,000,001 to 5,000,000	5,200	63075
5,000,001 to 10,000,000	10,350	63076
10,000,001 to 20,000,000	15,550	63077
20,000,001 to 50,000,000	25,900	63078
50,000,001 to 100,000,000	41,400	63079
100,000,001 or more	62,100	63080

Public dischargers owning or operating two or more publicly	63081
owned treatment works serving the same political subdivision, as	63082
"treatment works" is defined in section 6111.01 of the Revised	63083
Code, and that serve exclusively political subdivisions having a	63084
population of fewer than one hundred thousand shall pay an annual	63085
discharge fee under division (L)(5)(b) of this section that is	63086
based on the combined average daily discharge flow of the	63087
treatment works.	63088

(c) An NPDES permit holder that is an industrial discharger,	63089
other than a coal mining operator identified by P in the third	63090
character of the permittee's NPDES permit number, shall pay the	63091
fee specified in the following schedule:	63092

Average daily	Fee due by	63093
discharge flow	January 30,	63094
	~~2012~~ 2014, and	63095
	January 30, ~~2013~~ 2015	63096

5,000 to 49,999	$ 250	63097
50,000 to 250,000	1,200	63098
250,001 to 1,000,000	2,950	63099
1,000,001 to 5,000,000	5,850	63100
5,000,001 to 10,000,000	8,800	63101
10,000,001 to 20,000,000	11,700	63102
20,000,001 to 100,000,000	14,050	63103
100,000,001 to 250,000,000	16,400	63104
250,000,001 or more	18,700	63105

In addition to the fee specified in the above schedule, an	63106
NPDES permit holder that is an industrial discharger classified as	63107
a major discharger during all or part of the annual discharge fee	63108
billing year specified in division (L)(5)(a)(ii) of this section	63109
shall pay a nonrefundable annual surcharge of seven thousand five	63110
hundred dollars not later than January 30, ~~2012~~2014, and not	63111
later than January 30, ~~2013~~2015. Any person who fails to pay the	63112
surcharge at that time shall pay an additional amount that equals	63113
ten per cent of the amount of the surcharge.	63114

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	63115
section, a public discharger identified by I in the third	63116
character of the permittee's NPDES permit number and an industrial	63117
discharger identified by I, J, L, V, W, X, Y, or Z in the third	63118
character of the permittee's NPDES permit number shall pay a	63119
nonrefundable annual discharge fee of one hundred eighty dollars	63120
not later than January 30, ~~2012~~2014, and not later than January	63121
30, ~~2013~~2015. Any person who fails to pay the fee at that time	63122
shall pay an additional amount that equals ten per cent of the	63123
required fee.	63124

(6) Each person obtaining a national pollutant discharge	63125
elimination system general or individual permit for municipal	63126
storm water discharge shall pay a nonrefundable storm water	63127
discharge fee of one hundred dollars per square mile of area	63128
permitted. The fee shall not exceed ten thousand dollars and shall	63129
be payable on or before January 30, 2004, and the thirtieth day of	63130
January of each year thereafter. Any person who fails to pay the	63131
fee on the date specified in division (L)(6) of this section shall	63132
pay an additional amount per year equal to ten per cent of the	63133
annual fee that is unpaid.	63134

(7) The director shall transmit all moneys collected under	63135
division (L) of this section to the treasurer of state for deposit	63136
into the state treasury to the credit of the surface water	63137
protection fund created in section 6111.038 of the Revised Code.	63138

(8) As used in division (L) of this section:

63139

(a) "NPDES" means the federally approved national pollutant	63140
discharge elimination system program for issuing, modifying,	63141
revoking, reissuing, terminating, monitoring, and enforcing	63142
permits and imposing and enforcing pretreatment requirements under	63143
Chapter 6111. of the Revised Code and rules adopted under it.	63144

(b) "Public discharger" means any holder of an NPDES permit	63145
identified by P in the second character of the NPDES permit number	63146
assigned by the director.	63147

(c) "Industrial discharger" means any holder of an NPDES	63148
permit identified by I in the second character of the NPDES permit	63149
number assigned by the director.	63150

(d) "Major discharger" means any holder of an NPDES permit	63151
classified as major by the regional administrator of the United	63152
States environmental protection agency in conjunction with the	63153
director.	63154

(M) Through June 30, ~~2014~~2016, a person applying for a	63155
license or license renewal to operate a public water system under	63156
section 6109.21 of the Revised Code shall pay the appropriate fee	63157
established under this division at the time of application to the	63158
director. Any person who fails to pay the fee at that time shall	63159
pay an additional amount that equals ten per cent of the required	63160
fee. The director shall transmit all moneys collected under this	63161
division to the treasurer of state for deposit into the drinking	63162
water protection fund created in section 6109.30 of the Revised	63163
Code.	63164

Except as provided in ~~division~~divisions (M)(4) and (5) of	63165
this section, fees required under this division shall be	63166
calculated and paid in accordance with the following schedule:	63167

(1) For the initial license required under section 6109.21 of	63168
the Revised Code for any public water system that is a community	63169
water system as defined in section 6109.01 of the Revised Code,	63170
and for each license renewal required for such a system prior to	63171
January 31, ~~2014~~2016, the fee is:	63172

Number of service connections		Fee amount	63173
	Not more than 49	$ 112	63174
	50 to 99	176	63175

Number of service connections		Average cost per connection	63176
	100 to 2,499	$ 1.92	63177
	2,500 to 4,999	1.48	63178
	5,000 to 7,499	1.42	63179
	7,500 to 9,999	1.34	63180
	10,000 to 14,999	1.16	63181
	15,000 to 24,999	1.10	63182
	25,000 to 49,999	1.04	63183
	50,000 to 99,999	.92	63184
	100,000 to 149,999	.86	63185
	150,000 to 199,999	.80	63186
	200,000 or more	.76	63187

A public water system may determine how it will pay the total	63188
amount of the fee calculated under division (M)(1) of this	63189
section, including the assessment of additional user fees that may	63190
be assessed on a volumetric basis.	63191

As used in division (M)(1) of this section, "service	63192
connection" means the number of active or inactive pipes,	63193
goosenecks, pigtails, and any other fittings connecting a water	63194
main to any building outlet.	63195

(2) For the initial license required under section 6109.21 of	63196
the Revised Code for any public water system that is not a	63197
community water system and serves a nontransient population, and	63198
for each license renewal required for such a system prior to	63199
January 31, ~~2014~~2016, the fee is:	63200

Population served	Fee amount	63201
Fewer than 150	$ 112	63202
150 to 299	176	63203
300 to 749	384	63204
750 to 1,499	628	63205
1,500 to 2,999	1,268	63206
3,000 to 7,499	2,816	63207
7,500 to 14,999	5,510	63208
15,000 to 22,499	9,048	63209
22,500 to 29,999	12,430	63210
30,000 or more	16,820	63211

As used in division (M)(2) of this section, "population	63212
served" means the total number of individuals having access to the	63213
water supply during a twenty-four-hour period for at least sixty	63214
days during any calendar year. In the absence of a specific	63215
population count, that number shall be calculated at the rate of	63216
three individuals per service connection.	63217

(3) For the initial license required under section 6109.21 of	63218
the Revised Code for any public water system that is not a	63219
community water system and serves a transient population, and for	63220
each license renewal required for such a system prior to January	63221
31, ~~2014~~2016, the fee is:	63222

Number of wells or sources, other than surface water, supplying system		Fee amount	63223
	1	$112	63224
	2	112	63225
	3	176	63226
	4	278	63227
	5	568	63228
	System designated as using a		63229
	surface water source	792	63230

As used in division (M)(3) of this section, "number of wells	63231
or sources, other than surface water, supplying system" means	63232
those wells or sources that are physically connected to the	63233
plumbing system serving the public water system.	63234

(4) A public water system designated as using a surface water	63235
source shall pay a fee of seven hundred ninety-two dollars or the	63236
amount calculated under division (M)(1) or (2) of this section,	63237
whichever is greater.	63238

(5) An applicant for an initial license who is proposing to	63239
operate a new public water supply system shall submit a fee that	63240
equals a prorated amount of the appropriate fee for the remainder	63241
of the licensing year.	63242

(N)(1) A person applying for a plan approval for a public	63243
water supply system under section 6109.07 of the Revised Code	63244
shall pay a fee of one hundred fifty dollars plus thirty-five	63245
hundredths of one per cent of the estimated project cost, except	63246
that the total fee shall not exceed twenty thousand dollars	63247
through June 30, ~~2014~~2016, and fifteen thousand dollars on and	63248
after July 1, ~~2014~~2016. The fee shall be paid at the time the	63249
application is submitted.	63250

(2) A person who has entered into an agreement with the	63251
director under division (A)(2) of section 6109.07 of the Revised	63252
Code shall pay an administrative service fee for each plan	63253
submitted under that section for approval that shall not exceed	63254
the minimum amount necessary to pay administrative costs directly	63255
attributable to processing plan approvals. The director annually	63256
shall calculate the fee and shall notify all persons that have	63257
entered into agreements under that division, or who have applied	63258
for agreements, of the amount of the fee.	63259

(3) Through June 30, ~~2014~~2016, the following fee, on a per	63260
survey basis, shall be charged any person for services rendered by	63261
the state in the evaluation of laboratories and laboratory	63262
personnel for compliance with accepted analytical techniques and	63263
procedures established pursuant to Chapter 6109. of the Revised	63264
Code for determining the qualitative characteristics of water:	63265

microbiological			63266
	MMO-MUG	$2,000	63267
	MF	2,100	63268
	MMO-MUG and MF	2,550	63269
organic chemical		5,400	63270
trace metals		5,400	63271
standard chemistry		2,800	63272
limited chemistry		1,550	63273

On and after July 1, ~~2014~~2016, the following fee, on a per	63274
survey basis, shall be charged any such person:	63275

microbiological	$ 1,650	63276
organic chemicals	3,500	63277
trace metals	3,500	63278
standard chemistry	1,800	63279
limited chemistry	1,000	63280

The fee for those services shall be paid at the time the request	63281
for the survey is made. Through June 30, ~~2014~~ 2016, an individual	63282
laboratory shall not be assessed a fee under this division more	63283
than once in any three-year period unless the person requests the	63284
addition of analytical methods or analysts, in which case the	63285
person shall pay eighteen hundred dollars for each additional	63286
survey requested.	63287

As used in division (N)(3) of this section:

63288

(a) "MF" means microfiltration.

63289

(b) "MMO" means minimal medium ONPG.

63290

63291

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

63292

The director shall transmit all moneys collected under this	63293
division to the treasurer of state for deposit into the drinking	63294
water protection fund created in section 6109.30 of the Revised	63295
Code.	63296

(O) Any person applying to the director to take an	63297
examination for certification as an operator of a water supply	63298
system or wastewater system under Chapter 6109. or 6111. of the	63299
Revised Code that is administered by the director, at the time the	63300
application is submitted, shall pay a fee in accordance with the	63301
following schedule through November 30, ~~2014~~2016:	63302

Class A operator	$ 80	63303
Class I operator	105	63304
Class II operator	120	63305
Class III operator	130	63306
Class IV operator	145	63307

On and after December 1, ~~2014~~2016, the applicant shall pay a	63308
fee in accordance with the following schedule:	63309

Class A operator	$ 50	63310
Class I operator	70	63311
Class II operator	80	63312
Class III operator	90	63313
Class IV operator	100	63314

Any person applying to the director for certification as an	63315
operator of a water supply system or wastewater system who has	63316
passed an examination administered by an examination provider	63317
approved by the director shall pay a certification fee of	63318
forty-five dollars.	63319

A person shall pay a biennial certification renewal fee for	63320
each applicable class of certification in accordance with the	63321
following schedule:	63322

Class A operator	$25	63323
Class I operator	35	63324
Class II operator	45	63325
Class III operator	55	63326
Class IV operator	65	63327

If a certification renewal fee is received by the director	63328
more than thirty days, but not more than one year after the	63329
expiration date of the certification, the person shall pay a	63330
certification renewal fee in accordance with the following	63331
schedule:	63332

Class A operator	$45	63333
Class I operator	55	63334
Class II operator	65	63335
Class III operator	75	63336
Class IV operator	85	63337

A person who requests a replacement certificate shall pay a	63338
fee of twenty-five dollars at the time the request is made.	63339

Any person applying to be a water supply system or wastewater	63340
treatment system examination provider shall pay an application fee	63341
of five hundred dollars. Any person approved by the director as a	63342
water supply system or wastewater treatment system examination	63343
provider shall pay an annual fee that is equal to ten per cent of	63344
the fees that the provider assesses and collects for administering	63345
water supply system or wastewater treatment system certification	63346
examinations in this state for the calendar year. The fee shall be	63347
paid not later than forty-five days after the end of a calendar	63348
year.	63349

The director shall transmit all moneys collected under this	63350
division to the treasurer of state for deposit into the drinking	63351
water protection fund created in section 6109.30 of the Revised	63352
Code.	63353

(P) Any person submitting an application for an industrial	63354
water pollution control certificate under section 6111.31 of the	63355
Revised Code, as that section existed before its repeal by H.B. 95	63356
of the 125th general assembly, shall pay a nonrefundable fee of	63357
five hundred dollars at the time the application is submitted. The	63358
director shall transmit all moneys collected under this division	63359
to the treasurer of state for deposit into the surface water	63360
protection fund created in section 6111.038 of the Revised Code. A	63361
person paying a certificate fee under this division shall not pay	63362
an application fee under division (S)(1) of this section. On and	63363
after June 26, 2003, persons shall file such applications and pay	63364
the fee as required under sections 5709.20 to 5709.27 of the	63365
Revised Code, and proceeds from the fee shall be credited as	63366
provided in section 5709.212 of the Revised Code.	63367

(Q) Except as otherwise provided in division (R) of this	63368
section, a person issued a permit by the director for a new solid	63369
waste disposal facility other than an incineration or composting	63370
facility, a new infectious waste treatment facility other than an	63371
incineration facility, or a modification of such an existing	63372
facility that includes an increase in the total disposal or	63373
treatment capacity of the facility pursuant to Chapter 3734. of	63374
the Revised Code shall pay a fee of ten dollars per thousand cubic	63375
yards of disposal or treatment capacity, or one thousand dollars,	63376
whichever is greater, except that the total fee for any such	63377
permit shall not exceed eighty thousand dollars. A person issued a	63378
modification of a permit for a solid waste disposal facility or an	63379
infectious waste treatment facility that does not involve an	63380
increase in the total disposal or treatment capacity of the	63381
facility shall pay a fee of one thousand dollars. A person issued	63382
a permit to install a new, or modify an existing, solid waste	63383
transfer facility under that chapter shall pay a fee of two	63384
thousand five hundred dollars. A person issued a permit to install	63385
a new or to modify an existing solid waste incineration or	63386
composting facility, or an existing infectious waste treatment	63387
facility using incineration as its principal method of treatment,	63388
under that chapter shall pay a fee of one thousand dollars. The	63389
increases in the permit fees under this division resulting from	63390
the amendments made by Amended Substitute House Bill 592 of the	63391
117th general assembly do not apply to any person who submitted an	63392
application for a permit to install a new, or modify an existing,	63393
solid waste disposal facility under that chapter prior to	63394
September 1, 1987; any such person shall pay the permit fee	63395
established in this division as it existed prior to June 24, 1988.	63396
In addition to the applicable permit fee under this division, a	63397
person issued a permit to install or modify a solid waste facility	63398
or an infectious waste treatment facility under that chapter who	63399
fails to pay the permit fee to the director in compliance with	63400
division (V) of this section shall pay an additional ten per cent	63401
of the amount of the fee for each week that the permit fee is	63402
late.	63403

Permit and late payment fees paid to the director under this	63404
division shall be credited to the general revenue fund.	63405

(R)(1) A person issued a registration certificate for a scrap	63406
tire collection facility under section 3734.75 of the Revised Code	63407
shall pay a fee of two hundred dollars, except that if the	63408
facility is owned or operated by a motor vehicle salvage dealer	63409
licensed under Chapter 4738. of the Revised Code, the person shall	63410
pay a fee of twenty-five dollars.	63411

(2) A person issued a registration certificate for a new	63412
scrap tire storage facility under section 3734.76 of the Revised	63413
Code shall pay a fee of three hundred dollars, except that if the	63414
facility is owned or operated by a motor vehicle salvage dealer	63415
licensed under Chapter 4738. of the Revised Code, the person shall	63416
pay a fee of twenty-five dollars.	63417

(3) A person issued a permit for a scrap tire storage	63418
facility under section 3734.76 of the Revised Code shall pay a fee	63419
of one thousand dollars, except that if the facility is owned or	63420
operated by a motor vehicle salvage dealer licensed under Chapter	63421
4738. of the Revised Code, the person shall pay a fee of fifty	63422
dollars.	63423

(4) A person issued a permit for a scrap tire monocell or	63424
monofill facility under section 3734.77 of the Revised Code shall	63425
pay a fee of ten dollars per thousand cubic yards of disposal	63426
capacity or one thousand dollars, whichever is greater, except	63427
that the total fee for any such permit shall not exceed eighty	63428
thousand dollars.	63429

(5) A person issued a registration certificate for a scrap	63430
tire recovery facility under section 3734.78 of the Revised Code	63431
shall pay a fee of one hundred dollars.	63432

(6) A person issued a permit for a scrap tire recovery	63433
facility under section 3734.78 of the Revised Code shall pay a fee	63434
of one thousand dollars.	63435

(7) In addition to the applicable registration certificate or	63436
permit fee under divisions (R)(1) to (6) of this section, a person	63437
issued a registration certificate or permit for any such scrap	63438
tire facility who fails to pay the registration certificate or	63439
permit fee to the director in compliance with division (V) of this	63440
section shall pay an additional ten per cent of the amount of the	63441
fee for each week that the fee is late.	63442

(8) The registration certificate, permit, and late payment	63443
fees paid to the director under divisions (R)(1) to (7) of this	63444
section shall be credited to the scrap tire management fund	63445
created in section 3734.82 of the Revised Code.	63446

(S)(1) Except as provided by divisions (L), (M), (N), (O),	63447
(P), and (S)(2) of this section, division (A)(2) of section	63448
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	63449
and rules adopted under division (T)(1) of this section, any	63450
person applying for a registration certificate under section	63451
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	63452
variance, or plan approval under Chapter 3734. of the Revised Code	63453
shall pay a nonrefundable fee of fifteen dollars at the time the	63454
application is submitted.	63455

Except as otherwise provided, any person applying for a	63456
permit, variance, or plan approval under Chapter 6109. or 6111. of	63457
the Revised Code shall pay a nonrefundable fee of one hundred	63458
dollars at the time the application is submitted through June 30,	63459
~~2014~~2016, and a nonrefundable fee of fifteen dollars at the time	63460
the application is submitted on and after July 1, ~~2014~~2016.	63461
Except as provided in division (S)(3) of this section, through	63462
June 30, ~~2014~~2016, any person applying for a national pollutant	63463
discharge elimination system permit under Chapter 6111. of the	63464
Revised Code shall pay a nonrefundable fee of two hundred dollars	63465
at the time of application for the permit. On and after July 1,	63466
~~2014~~2016, such a person shall pay a nonrefundable fee of fifteen	63467
dollars at the time of application.	63468

In addition to the application fee established under division	63469
(S)(1) of this section, any person applying for a national	63470
pollutant discharge elimination system general storm water	63471
construction permit shall pay a nonrefundable fee of twenty	63472
dollars per acre for each acre that is permitted above five acres	63473
at the time the application is submitted. However, the per acreage	63474
fee shall not exceed three hundred dollars. In addition, any	63475
person applying for a national pollutant discharge elimination	63476
system general storm water industrial permit shall pay a	63477
nonrefundable fee of one hundred fifty dollars at the time the	63478
application is submitted.	63479

The director shall transmit all moneys collected under	63480
division (S)(1) of this section pursuant to Chapter 6109. of the	63481
Revised Code to the treasurer of state for deposit into the	63482
drinking water protection fund created in section 6109.30 of the	63483
Revised Code.	63484

The director shall transmit all moneys collected under	63485
division (S)(1) of this section pursuant to Chapter 6111. of the	63486
Revised Code and under division (S)(3) of this section to the	63487
treasurer of state for deposit into the surface water protection	63488
fund created in section 6111.038 of the Revised Code.	63489

If a registration certificate is issued under section	63490
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	63491
the application fee paid shall be deducted from the amount of the	63492
registration certificate fee due under division (R)(1), (2), or	63493
(5) of this section, as applicable.	63494

If a person submits an electronic application for a	63495
registration certificate, permit, variance, or plan approval for	63496
which an application fee is established under division (S)(1) of	63497
this section, the person shall pay the applicable application fee	63498
as expeditiously as possible after the submission of the	63499
electronic application. An application for a registration	63500
certificate, permit, variance, or plan approval for which an	63501
application fee is established under division (S)(1) of this	63502
section shall not be reviewed or processed until the applicable	63503
application fee, and any other fees established under this	63504
division, are paid.	63505

(2) Division (S)(1) of this section does not apply to an	63506
application for a registration certificate for a scrap tire	63507
collection or storage facility submitted under section 3734.75 or	63508
3734.76 of the Revised Code, as applicable, if the owner or	63509
operator of the facility or proposed facility is a motor vehicle	63510
salvage dealer licensed under Chapter 4738. of the Revised Code.	63511

(3) A person applying for coverage under a national pollutant	63512
discharge elimination system general discharge permit for	63513
household sewage treatment systems shall pay the following fees:	63514

(a) A nonrefundable fee of two hundred dollars at the time of	63515
application for initial permit coverage;	63516

(b) A nonrefundable fee of one hundred dollars at the time of	63517
application for a renewal of permit coverage.	63518

(T) The director may adopt, amend, and rescind rules in	63519
accordance with Chapter 119. of the Revised Code that do all of	63520
the following:	63521

(1) Prescribe fees to be paid by applicants for and holders	63522
of any license, permit, variance, plan approval, or certification	63523
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	63524
the Revised Code that are not specifically established in this	63525
section. The fees shall be designed to defray the cost of	63526
processing, issuing, revoking, modifying, denying, and enforcing	63527
the licenses, permits, variances, plan approvals, and	63528
certifications.	63529

The director shall transmit all moneys collected under rules	63530
adopted under division (T)(1) of this section pursuant to Chapter	63531
6109. of the Revised Code to the treasurer of state for deposit	63532
into the drinking water protection fund created in section 6109.30	63533
of the Revised Code.	63534

The director shall transmit all moneys collected under rules	63535
adopted under division (T)(1) of this section pursuant to Chapter	63536
6111. of the Revised Code to the treasurer of state for deposit	63537
into the surface water protection fund created in section 6111.038	63538
of the Revised Code.	63539

(2) Exempt the state and political subdivisions thereof,	63540
including education facilities or medical facilities owned by the	63541
state or a political subdivision, or any person exempted from	63542
taxation by section 5709.07 or 5709.12 of the Revised Code, from	63543
any fee required by this section;	63544

(3) Provide for the waiver of any fee, or any part thereof,	63545
otherwise required by this section whenever the director	63546
determines that the imposition of the fee would constitute an	63547
unreasonable cost of doing business for any applicant, class of	63548
applicants, or other person subject to the fee;	63549

(4) Prescribe measures that the director considers necessary	63550
to carry out this section.	63551

(U) When the director reasonably demonstrates that the direct	63552
cost to the state associated with the issuance of a permit to	63553
install, license, variance, plan approval, or certification	63554
exceeds the fee for the issuance or review specified by this	63555
section, the director may condition the issuance or review on the	63556
payment by the person receiving the issuance or review of, in	63557
addition to the fee specified by this section, the amount, or any	63558
portion thereof, in excess of the fee specified under this	63559
section. The director shall not so condition issuances for which a	63560
fee is prescribed in division (L)(1)(b) of this section.	63561

(V) Except as provided in divisions (L), (M), and (P) of this	63562
section or unless otherwise prescribed by a rule of the director	63563
adopted pursuant to Chapter 119. of the Revised Code, all fees	63564
required by this section are payable within thirty days after the	63565
issuance of an invoice for the fee by the director or the	63566
effective date of the issuance of the license, permit, variance,	63567
plan approval, or certification. If payment is late, the person	63568
responsible for payment of the fee shall pay an additional ten per	63569
cent of the amount due for each month that it is late.	63570

(W) As used in this section, "fuel-burning equipment,"	63571
"fuel-burning equipment input capacity," "incinerator,"	63572
"incinerator input capacity," "process," "process weight rate,"	63573
"storage tank," "gasoline dispensing facility," "dry cleaning	63574
facility," "design flow discharge," and "new source treatment	63575
works" have the meanings ascribed to those terms by applicable	63576
rules or standards adopted by the director under Chapter 3704. or	63577
6111. of the Revised Code.	63578

(X) As used in divisions (B), (D), (E), (F), (H), (I), and	63579
(J) of this section, and in any other provision of this section	63580
pertaining to fees paid pursuant to Chapter 3704. of the Revised	63581
Code:	63582

(1) "Facility," "federal Clean Air Act," "person," and "Title	63583
V permit" have the same meanings as in section 3704.01 of the	63584
Revised Code.	63585

(2) "Title V permit program" means the following activities	63586
as necessary to meet the requirements of Title V of the federal	63587
Clean Air Act and 40 C.F.R. part 70, including at least:	63588

(a) Preparing and adopting, if applicable, generally	63589
applicable rules or guidance regarding the permit program or its	63590
implementation or enforcement;	63591

(b) Reviewing and acting on any application for a Title V	63592
permit, permit revision, or permit renewal, including the	63593
development of an applicable requirement as part of the processing	63594
of a permit, permit revision, or permit renewal;	63595

(c) Administering the permit program, including the	63596
supporting and tracking of permit applications, compliance	63597
certification, and related data entry;	63598

(d) Determining which sources are subject to the program and	63599
implementing and enforcing the terms of any Title V permit, not	63600
including any court actions or other formal enforcement actions;	63601

(e) Emission and ambient monitoring;

63602

(f) Modeling, analyses, or demonstrations;

63603

(g) Preparing inventories and tracking emissions;

63604

(h) Providing direct and indirect support to small business	63605
stationary sources to determine and meet their obligations under	63606
the federal Clean Air Act pursuant to the small business	63607
stationary source technical and environmental compliance	63608
assistance program required by section 507 of that act and	63609
established in sections 3704.18, 3704.19, and 3706.19 of the	63610
Revised Code.	63611

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	63612
of this section, each sewage sludge facility shall pay a	63613
nonrefundable annual sludge fee equal to three dollars and fifty	63614
cents per dry ton of sewage sludge, including the dry tons of	63615
sewage sludge in materials derived from sewage sludge, that the	63616
sewage sludge facility treats or disposes of in this state. The	63617
annual volume of sewage sludge treated or disposed of by a sewage	63618
sludge facility shall be calculated using the first day of January	63619
through the thirty-first day of December of the calendar year	63620
preceding the date on which payment of the fee is due.	63621

(2)(a) Except as provided in division (Y)(2)(d) of this	63622
section, each sewage sludge facility shall pay a minimum annual	63623
sewage sludge fee of one hundred dollars.	63624

(b) The annual sludge fee required to be paid by a sewage	63625
sludge facility that treats or disposes of exceptional quality	63626
sludge in this state shall be thirty-five per cent less per dry	63627
ton of exceptional quality sludge than the fee assessed under	63628
division (Y)(1) of this section, subject to the following	63629
exceptions:	63630

(i) Except as provided in division (Y)(2)(d) of this section,	63631
a sewage sludge facility that treats or disposes of exceptional	63632
quality sludge shall pay a minimum annual sewage sludge fee of one	63633
hundred dollars.	63634

(ii) A sewage sludge facility that treats or disposes of	63635
exceptional quality sludge shall not be required to pay the annual	63636
sludge fee for treatment or disposal in this state of exceptional	63637
quality sludge generated outside of this state and contained in	63638
bags or other containers not greater than one hundred pounds in	63639
capacity.	63640

A thirty-five per cent reduction for exceptional quality	63641
sludge applies to the maximum annual fees established under	63642
division (Y)(3) of this section.	63643

(c) A sewage sludge facility that transfers sewage sludge to	63644
another sewage sludge facility in this state for further treatment	63645
prior to disposal in this state shall not be required to pay the	63646
annual sludge fee for the tons of sewage sludge that have been	63647
transferred. In such a case, the sewage sludge facility that	63648
disposes of the sewage sludge shall pay the annual sludge fee.	63649
However, the facility transferring the sewage sludge shall pay the	63650
one-hundred-dollar minimum fee required under division (Y)(2)(a)	63651
of this section.	63652

In the case of a sewage sludge facility that treats sewage	63653
sludge in this state and transfers it out of this state to another	63654
entity for disposal, the sewage sludge facility in this state	63655
shall be required to pay the annual sludge fee for the tons of	63656
sewage sludge that have been transferred.	63657

(d) A sewage sludge facility that generates sewage sludge	63658
resulting from an average daily discharge flow of less than five	63659
thousand gallons per day is not subject to the fees assessed under	63660
division (Y) of this section.	63661

(3) No sewage sludge facility required to pay the annual	63662
sludge fee shall be required to pay more than the maximum annual	63663
fee for each disposal method that the sewage sludge facility uses.	63664
The maximum annual fee does not include the additional amount that	63665
may be charged under division (Y)(5) of this section for late	63666
payment of the annual sludge fee. The maximum annual fee for the	63667
following methods of disposal of sewage sludge is as follows:	63668

(a) Incineration: five thousand dollars;

63669

(b) Preexisting land reclamation project or disposal in a	63670
landfill: five thousand dollars;	63671

(c) Land application, land reclamation, surface disposal, or	63672
any other disposal method not specified in division (Y)(3)(a) or	63673
(b) of this section: twenty thousand dollars.	63674

(4)(a) In the case of an entity that generates sewage sludge	63675
or a sewage sludge facility that treats sewage sludge and	63676
transfers the sewage sludge to an incineration facility for	63677
disposal, the incineration facility, and not the entity generating	63678
the sewage sludge or the sewage sludge facility treating the	63679
sewage sludge, shall pay the annual sludge fee for the tons of	63680
sewage sludge that are transferred. However, the entity or	63681
facility generating or treating the sewage sludge shall pay the	63682
one-hundred-dollar minimum fee required under division (Y)(2)(a)	63683
of this section.	63684

(b) In the case of an entity that generates sewage sludge and	63685
transfers the sewage sludge to a landfill for disposal or to a	63686
sewage sludge facility for land reclamation or surface disposal,	63687
the entity generating the sewage sludge, and not the landfill or	63688
sewage sludge facility, shall pay the annual sludge fee for the	63689
tons of sewage sludge that are transferred.	63690

(5) Not later than the first day of April of the calendar	63691
year following March 17, 2000, and each first day of April	63692
thereafter, the director shall issue invoices to persons who are	63693
required to pay the annual sludge fee. The invoice shall identify	63694
the nature and amount of the annual sludge fee assessed and state	63695
the first day of May as the deadline for receipt by the director	63696
of objections regarding the amount of the fee and the first day of	63697
July as the deadline for payment of the fee.	63698

Not later than the first day of May following receipt of an	63699
invoice, a person required to pay the annual sludge fee may submit	63700
objections to the director concerning the accuracy of information	63701
regarding the number of dry tons of sewage sludge used to	63702
calculate the amount of the annual sludge fee or regarding whether	63703
the sewage sludge qualifies for the exceptional quality sludge	63704
discount established in division (Y)(2)(b) of this section. The	63705
director may consider the objections and adjust the amount of the	63706
fee to ensure that it is accurate.	63707

If the director does not adjust the amount of the annual	63708
sludge fee in response to a person's objections, the person may	63709
appeal the director's determination in accordance with Chapter	63710
119. of the Revised Code.	63711

Not later than the first day of June, the director shall	63712
notify the objecting person regarding whether the director has	63713
found the objections to be valid and the reasons for the finding.	63714
If the director finds the objections to be valid and adjusts the	63715
amount of the annual sludge fee accordingly, the director shall	63716
issue with the notification a new invoice to the person	63717
identifying the amount of the annual sludge fee assessed and	63718
stating the first day of July as the deadline for payment.	63719

Not later than the first day of July, any person who is	63720
required to do so shall pay the annual sludge fee. Any person who	63721
is required to pay the fee, but who fails to do so on or before	63722
that date shall pay an additional amount that equals ten per cent	63723
of the required annual sludge fee.	63724

(6) The director shall transmit all moneys collected under	63725
division (Y) of this section to the treasurer of state for deposit	63726
into the surface water protection fund created in section 6111.038	63727
of the Revised Code. The moneys shall be used to defray the costs	63728
of administering and enforcing provisions in Chapter 6111. of the	63729
Revised Code and rules adopted under it that govern the use,	63730
storage, treatment, or disposal of sewage sludge.	63731

(7) Beginning in fiscal year 2001, and every two years	63732
thereafter, the director shall review the total amount of moneys	63733
generated by the annual sludge fees to determine if that amount	63734
exceeded six hundred thousand dollars in either of the two	63735
preceding fiscal years. If the total amount of moneys in the fund	63736
exceeded six hundred thousand dollars in either fiscal year, the	63737
director, after review of the fee structure and consultation with	63738
affected persons, shall issue an order reducing the amount of the	63739
fees levied under division (Y) of this section so that the	63740
estimated amount of moneys resulting from the fees will not exceed	63741
six hundred thousand dollars in any fiscal year.	63742

If, upon review of the fees under division (Y)(7) of this	63743
section and after the fees have been reduced, the director	63744
determines that the total amount of moneys collected and	63745
accumulated is less than six hundred thousand dollars, the	63746
director, after review of the fee structure and consultation with	63747
affected persons, may issue an order increasing the amount of the	63748
fees levied under division (Y) of this section so that the	63749
estimated amount of moneys resulting from the fees will be	63750
approximately six hundred thousand dollars. Fees shall never be	63751
increased to an amount exceeding the amount specified in division	63752
(Y)(7) of this section.	63753

Notwithstanding section 119.06 of the Revised Code, the	63754
director may issue an order under division (Y)(7) of this section	63755
without the necessity to hold an adjudicatory hearing in	63756
connection with the order. The issuance of an order under this	63757
division is not an act or action for purposes of section 3745.04	63758
of the Revised Code.	63759

(8) As used in division (Y) of this section:

63760

(a) "Sewage sludge facility" means an entity that performs	63761
treatment on or is responsible for the disposal of sewage sludge.	63762

(b) "Sewage sludge" means a solid, semi-solid, or liquid	63763
residue generated during the treatment of domestic sewage in a	63764
treatment works as defined in section 6111.01 of the Revised Code.	63765
"Sewage sludge" includes, but is not limited to, scum or solids	63766
removed in primary, secondary, or advanced wastewater treatment	63767
processes. "Sewage sludge" does not include ash generated during	63768
the firing of sewage sludge in a sewage sludge incinerator, grit	63769
and screenings generated during preliminary treatment of domestic	63770
sewage in a treatment works, animal manure, residue generated	63771
during treatment of animal manure, or domestic septage.	63772

(c) "Exceptional quality sludge" means sewage sludge that	63773
meets all of the following qualifications:	63774

(i) Satisfies the class A pathogen standards in 40 C.F.R.	63775
503.32(a);	63776

(ii) Satisfies one of the vector attraction reduction	63777
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	63778

(iii) Does not exceed the ceiling concentration limitations	63779
for metals listed in table one of 40 C.F.R. 503.13;	63780

(iv) Does not exceed the concentration limitations for metals	63781
listed in table three of 40 C.F.R. 503.13.	63782

(d) "Treatment" means the preparation of sewage sludge for	63783
final use or disposal and includes, but is not limited to,	63784
thickening, stabilization, and dewatering of sewage sludge.	63785

(e) "Disposal" means the final use of sewage sludge,	63786
including, but not limited to, land application, land reclamation,	63787
surface disposal, or disposal in a landfill or an incinerator.	63788

(f) "Land application" means the spraying or spreading of	63789
sewage sludge onto the land surface, the injection of sewage	63790
sludge below the land surface, or the incorporation of sewage	63791
sludge into the soil for the purposes of conditioning the soil or	63792
fertilizing crops or vegetation grown in the soil.	63793

(g) "Land reclamation" means the returning of disturbed land	63794
to productive use.	63795

(h) "Surface disposal" means the placement of sludge on an	63796
area of land for disposal, including, but not limited to,	63797
monofills, surface impoundments, lagoons, waste piles, or	63798
dedicated disposal sites.	63799

(i) "Incinerator" means an entity that disposes of sewage	63800
sludge through the combustion of organic matter and inorganic	63801
matter in sewage sludge by high temperatures in an enclosed	63802
device.	63803

(j) "Incineration facility" includes all incinerators owned	63804
or operated by the same entity and located on a contiguous tract	63805
of land. Areas of land are considered to be contiguous even if	63806
they are separated by a public road or highway.	63807

(k) "Annual sludge fee" means the fee assessed under division	63808
(Y)(1) of this section.	63809

(l) "Landfill" means a sanitary landfill facility, as defined	63810
in rules adopted under section 3734.02 of the Revised Code, that	63811
is licensed under section 3734.05 of the Revised Code.	63812

(m) "Preexisting land reclamation project" means a	63813
property-specific land reclamation project that has been in	63814
continuous operation for not less than five years pursuant to	63815
approval of the activity by the director and includes the	63816
implementation of a community outreach program concerning the	63817
activity.	63818

Sec. 3745.113. (A) A person that applies for a state isolated	63819
wetland permit under Chapter 6111. of the Revised Code and rules	63820
adopted under it shall pay an application fee of two hundred	63821
dollars at the time of application.	63822

In addition, that person shall pay, at the time of	63823
application, a review fee of five hundred dollars per acre of the	63824
wetlands to be impacted.	63825

However, the review fee shall not exceed five thousand	63826
dollars per application. In addition, if an application is denied,	63827
the director of environmental protection shall refund to the	63828
applicant one-half of the amount of the review fee paid by the	63829
applicant under division (A) of this section.	63830

(B) If a person conducts any activities for which an	63831
individual state isolated wetland permit is required under Chapter	63832
6111. of the Revised Code and rules adopted under it without first	63833
obtaining such a permit, the person shall pay twice the amount of	63834
the application and review fees that the person otherwise would	63835
have been required to pay under division (A) of this section, not	63836
to exceed ten thousand dollars.	63837

(C) All moneys collected under this section shall be	63838
deposited in the state treasury to the credit of the ~~dredge and~~	63839
~~fill~~surface water protection fund created in section ~~6111.029~~	63840
6111.038 of the Revised Code.	63841

(D) Fees established under this section shall not apply to	63842
any agency or department of the state or to any county, township,	63843
or municipal corporation in this state.	63844

Sec. 3769.08. (A) Any person holding a permit to conduct a	63845
horse-racing meeting may provide a place in the race meeting	63846
grounds or enclosure at which the permit holder may conduct and	63847
supervise the pari-mutuel system of wagering by patrons of legal	63848
age on the live racing programs and simulcast racing programs	63849
conducted by the permit holder.	63850

The pari-mutuel method of wagering upon the live racing	63851
programs and simulcast racing programs held at or conducted within	63852
such race track, and at the time of such horse-racing meeting, or	63853
at other times authorized by the state racing commission, shall	63854
not be unlawful. No other place, except that provided and	63855
designated by the permit holder and except as provided in section	63856
3769.26 of the Revised Code, nor any other method or system of	63857
betting or wagering on live racing programs and simulcast racing	63858
programs, except the pari-mutuel system, shall be used or	63859
permitted by the permit holder; nor, except as provided in section	63860
3769.089 or 3769.26 of the Revised Code, shall the pari-mutuel	63861
system of wagering be conducted by the permit holder on any races	63862
except the races at the race track, grounds, or enclosure for	63863
which the person holds a permit. Each permit holder may retain as	63864
a commission an amount not to exceed eighteen per cent of the	63865
total of all moneys wagered on live racing programs and simulcast	63866
racing programs.	63867

The pari-mutuel wagering authorized by this section is	63868
subject to sections 3769.25 to 3769.28 of the Revised Code.	63869

(B) At the close of each racing day, each permit holder	63870
authorized to conduct thoroughbred racing, out of the amount	63871
retained on that day by the permit holder, shall pay by check,	63872
draft, or money order to the tax commissioner, as a tax, a sum	63873
equal to the following percentages of the total of all moneys	63874
wagered on live racing programs on that day and shall separately	63875
compute and pay by check, draft, or money order to the tax	63876
commissioner, as a tax, a sum equal to the following percentages	63877
of the total of all money wagered on simulcast racing programs on	63878
that day:	63879

(1) One per cent of the first two hundred thousand dollars	63880
wagered, or any part of that amount;	63881

(2) Two per cent of the next one hundred thousand dollars	63882
wagered, or any part of that amount;	63883

(3) Three per cent of the next one hundred thousand dollars	63884
wagered, or any part of that amount;	63885

(4) Four per cent of all sums over four hundred thousand	63886
dollars wagered.	63887

Except as otherwise provided in section 3769.089 of the	63888
Revised Code, each permit holder authorized to conduct	63889
thoroughbred racing shall use for purse money a sum equal to fifty	63890
per cent of the pari-mutuel revenues retained by the permit holder	63891
as a commission after payment of the state tax. This fifty per	63892
cent payment shall be in addition to the purse distribution from	63893
breakage specified in this section.	63894

Subject to division (M) of this section, from the moneys paid	63895
to the tax commissioner by thoroughbred racing permit holders,	63896
one-half of one per cent of the total of all moneys so wagered on	63897
a racing day shall be paid into the Ohio fairs fund created by	63898
section 3769.082 of the Revised Code, one and one-eighth per cent	63899
of the total of all moneys so wagered on a racing day shall be	63900
paid into the Ohio thoroughbred race fund created by section	63901
3769.083 of the Revised Code, and one-quarter of one per cent of	63902
the total of all moneys wagered on a racing day by each permit	63903
holder shall be paid into the state racing commission operating	63904
fund created by section 3769.03 of the Revised Code. The required	63905
payment to the state racing commission operating fund does not	63906
apply to county and independent fairs and agricultural societies.	63907
The remaining moneys may be retained by the permit holder, except	63908
as provided in this section with respect to the odd cents	63909
redistribution. Amounts paid into the nursing home franchise	63910
permit fee fund pursuant to this section and section 3769.26 of	63911
the Revised Code shall be used solely for the support of the	63912
PASSPORT program as determined in appropriations made by the	63913
general assembly. If the PASSPORT program is abolished, the amount	63914
that would have been paid to the nursing home franchise permit fee	63915
fund under this chapter shall be paid to the general revenue fund	63916
of the state. As used in this chapter, "PASSPORT program" ~~means~~	63917
~~the PASSPORT program created under~~has the same meaning as in	63918
section ~~173.40~~173.51 of the Revised Code.	63919

The total amount paid to the Ohio thoroughbred race fund	63920
under this section and division (A) of section 3769.087 of the	63921
Revised Code shall not exceed by more than six per cent the total	63922
amount paid to this fund under this section and division (A) of	63923
that section during the immediately preceding calendar year.	63924

Each year, the total amount calculated for payment into the	63925
Ohio fairs fund under this division, division (C) of this section,	63926
and division (A) of section 3769.087 of the Revised Code shall be	63927
an amount calculated using the percentages specified in this	63928
division, division (C) of this section, and division (A) of	63929
section 3769.087 of the Revised Code.	63930

A permit holder may contract with a thoroughbred horsemen's	63931
organization for the organization to act as a representative of	63932
all thoroughbred owners and trainers participating in a	63933
horse-racing meeting conducted by the permit holder. A	63934
"thoroughbred horsemen's organization" is any corporation or	63935
association that represents, through membership or otherwise, more	63936
than one-half of the aggregate of all thoroughbred owners and	63937
trainers who were licensed and actively participated in racing	63938
within this state during the preceding calendar year. Except as	63939
otherwise provided in this paragraph, any moneys received by a	63940
thoroughbred horsemen's organization shall be used exclusively for	63941
the benefit of thoroughbred owners and trainers racing in this	63942
state through the administrative purposes of the organization,	63943
benevolent activities on behalf of the horsemen, promotion of the	63944
horsemen's rights and interests, and promotion of equine research.	63945
A thoroughbred horsemen's organization may expend not more than an	63946
aggregate of five per cent of its annual gross receipts, or a	63947
larger amount as approved by the organization, for dues,	63948
assessments, and other payments to all other local, national, or	63949
international organizations having as their primary purposes the	63950
promotion of thoroughbred horse racing, thoroughbred horsemen's	63951
rights, and equine research.	63952

(C) Except as otherwise provided in division (B) of this	63953
section, at the close of each racing day, each permit holder	63954
authorized to conduct harness or quarter horse racing, out of the	63955
amount retained that day by the permit holder, shall pay by check,	63956
draft, or money order to the tax commissioner, as a tax, a sum	63957
equal to the following percentages of the total of all moneys	63958
wagered on live racing programs and shall separately compute and	63959
pay by check, draft, or money order to the tax commissioner, as a	63960
tax, a sum equal to the following percentages of the total of all	63961
money wagered on simulcast racing programs on that day:	63962

(1) One per cent of the first two hundred thousand dollars	63963
wagered, or any part of that amount;	63964

(2) Two per cent of the next one hundred thousand dollars	63965
wagered, or any part of that amount;	63966

(3) Three per cent of the next one hundred thousand dollars	63967
wagered, or any part of that amount;	63968

(4) Four per cent of all sums over four hundred thousand	63969
dollars wagered.	63970

Except as otherwise provided in division (B) and subject to	63971
division (M) of this section, from the moneys paid to the tax	63972
commissioner by permit holders authorized to conduct harness or	63973
quarter horse racing, one-half of one per cent of all moneys	63974
wagered on that racing day shall be paid into the Ohio fairs fund;	63975
from the moneys paid to the tax commissioner by permit holders	63976
authorized to conduct harness racing, five-eighths of one per cent	63977
of all moneys wagered on that racing day shall be paid into the	63978
Ohio standardbred development fund; and from the moneys paid to	63979
the tax commissioner by permit holders authorized to conduct	63980
quarter horse racing, five-eighths of one per cent of all moneys	63981
wagered on that racing day shall be paid into the Ohio quarter	63982
horse development fund.	63983

(D) In addition, subject to division (M) of this section,	63984
beginning on January 1, 1996, from the money paid to the tax	63985
commissioner as a tax under this section and division (A) of	63986
section 3769.087 of the Revised Code by harness horse permit	63987
holders, one-half of one per cent of the amount wagered on a	63988
racing day shall be paid into the Ohio standardbred development	63989
fund. Beginning January 1, 1998, the payment to the Ohio	63990
standardbred development fund required under this division does	63991
not apply to county agricultural societies or independent	63992
agricultural societies.	63993

The total amount paid to the Ohio standardbred development	63994
fund under this division, division (C) of this section, and	63995
division (A) of section 3769.087 of the Revised Code and the total	63996
amount paid to the Ohio quarter horse development fund under this	63997
division and division (A) of that section shall not exceed by more	63998
than six per cent the total amount paid into the fund under this	63999
division, division (C) of this section, and division (A) of	64000
section 3769.087 of the Revised Code in the immediately preceding	64001
calendar year.	64002

(E) Subject to division (M) of this section, from the money	64003
paid as a tax under this chapter by harness and quarter horse	64004
permit holders, one-quarter of one per cent of the total of all	64005
moneys wagered on a racing day by each permit holder shall be paid	64006
into the state racing commission operating fund created by section	64007
3769.03 of the Revised Code. This division does not apply to	64008
county and independent fairs and agricultural societies.	64009

(F) Except as otherwise provided in section 3769.089 of the	64010
Revised Code, each permit holder authorized to conduct harness	64011
racing shall pay to the harness horsemen's purse pool a sum equal	64012
to fifty per cent of the pari-mutuel revenues retained by the	64013
permit holder as a commission after payment of the state tax. This	64014
fifty per cent payment is to be in addition to the purse	64015
distribution from breakage specified in this section.	64016

(G) In addition, each permit holder authorized to conduct	64017
harness racing shall be allowed to retain the odd cents of all	64018
redistribution to be made on all mutual contributions exceeding a	64019
sum equal to the next lowest multiple of ten.	64020

Forty per cent of that portion of that total sum of such odd	64021
cents shall be used by the permit holder for purse money for Ohio	64022
sired, bred, and owned colts, for purse money for Ohio bred	64023
horses, and for increased purse money for horse races. Upon the	64024
formation of the corporation described in section 3769.21 of the	64025
Revised Code to establish a harness horsemen's health and	64026
retirement fund, twenty-five per cent of that portion of that	64027
total sum of odd cents shall be paid at the close of each racing	64028
day by the permit holder to that corporation to establish and fund	64029
the health and retirement fund. Until that corporation is formed,	64030
that twenty-five per cent shall be paid at the close of each	64031
racing day by the permit holder to the tax commissioner or the tax	64032
commissioner's agent in the county seat of the county in which the	64033
permit holder operates race meetings. The remaining thirty-five	64034
per cent of that portion of that total sum of odd cents shall be	64035
retained by the permit holder.	64036

(H) In addition, each permit holder authorized to conduct	64037
thoroughbred racing shall be allowed to retain the odd cents of	64038
all redistribution to be made on all mutuel contributions	64039
exceeding a sum equal to the next lowest multiple of ten. Twenty	64040
per cent of that portion of that total sum of such odd cents shall	64041
be used by the permit holder for increased purse money for horse	64042
races. Upon the formation of the corporation described in section	64043
3769.21 of the Revised Code to establish a thoroughbred horsemen's	64044
health and retirement fund, forty-five per cent of that portion of	64045
that total sum of odd cents shall be paid at the close of each	64046
racing day by the permit holder to that corporation to establish	64047
and fund the health and retirement fund. Until that corporation is	64048
formed, that forty-five per cent shall be paid by the permit	64049
holder to the tax commissioner or the tax commissioner's agent in	64050
the county seat of the county in which the permit holder operates	64051
race meetings, at the close of each racing day. The remaining	64052
thirty-five per cent of that portion of that total sum of odd	64053
cents shall be retained by the permit holder.	64054

(I) In addition, each permit holder authorized to conduct	64055
quarter horse racing shall be allowed to retain the odd cents of	64056
all redistribution to be made on all mutuel contributions	64057
exceeding a sum equal to the next lowest multiple of ten, subject	64058
to a tax of twenty-five per cent on that portion of the total sum	64059
of such odd cents that is in excess of two thousand dollars during	64060
a calendar year, which tax shall be paid at the close of each	64061
racing day by the permit holder to the tax commissioner or the tax	64062
commissioner's agent in the county seat of the county within which	64063
the permit holder operates race meetings. Forty per cent of that	64064
portion of that total sum of such odd cents shall be used by the	64065
permit holder for increased purse money for horse races. The	64066
remaining thirty-five per cent of that portion of that total sum	64067
of odd cents shall be retained by the permit holder.	64068

(J)(1) To encourage the improvement of racing facilities for	64069
the benefit of the public, breeders, and horse owners, and to	64070
increase the revenue to the state from the increase in pari-mutuel	64071
wagering resulting from those improvements, the taxes paid by a	64072
permit holder to the state as provided for in this chapter shall	64073
be reduced by three-fourths of one per cent of the total amount	64074
wagered for those permit holders who make capital improvements to	64075
existing race tracks or construct new race tracks. The percentage	64076
of the reduction that may be taken each racing day shall equal	64077
seventy-five per cent of the taxes levied under divisions (B) and	64078
(C) of this section and section 3769.087 of the Revised Code, and	64079
division (F)(2) of section 3769.26 of the Revised Code, as	64080
applicable, divided by the calculated amount each fund should	64081
receive under divisions (B) and (C) of this section and section	64082
3769.087 of the Revised Code, and division (F)(2) of section	64083
3769.26 of the Revised Code and the reduction provided for in this	64084
division. If the resulting percentage is less than one, that	64085
percentage shall be multiplied by the amount of the reduction	64086
provided for in this division. Otherwise, the permit holder shall	64087
receive the full reduction provided for in this division. The	64088
amount of the allowable reduction not received shall be carried	64089
forward and applied against future tax liability. After any	64090
reductions expire, any reduction carried forward shall be treated	64091
as a reduction as provided for in this division.	64092

If more than one permit holder is authorized to conduct	64093
racing at the facility that is being built or improved, the cost	64094
of the new race track or capital improvement shall be allocated	64095
between or among all the permit holders in the ratio that the	64096
permit holders' number of racing days bears to the total number of	64097
racing days conducted at the facility.	64098

A reduction for a new race track or a capital improvement	64099
shall start from the day racing is first conducted following the	64100
date actual construction of the new race track or each capital	64101
improvement is completed and the construction cost has been	64102
approved by the racing commission, unless otherwise provided in	64103
this section. A reduction for a new race track or a capital	64104
improvement shall continue for a period of twenty-five years for	64105
new race tracks and for fifteen years for capital improvements if	64106
the construction of the capital improvement or new race track	64107
commenced prior to March 29, 1988, and for a period of ten years	64108
for new race tracks or capital improvements if the construction of	64109
the capital improvement or new race track commenced on or after	64110
March 29, 1988, but before June 6, 2001, or until the total tax	64111
reduction reaches seventy per cent of the approved cost of the new	64112
race track or capital improvement, as allocated to each permit	64113
holder, whichever occurs first. A reduction for a new race track	64114
or a capital improvement approved after June 6, 2001, shall	64115
continue until the total tax reduction reaches one hundred per	64116
cent of the approved cost of the new race track or capital	64117
improvement, as allocated to each permit holder.	64118

A reduction granted for a new race track or a capital	64119
improvement, the application for which was approved by the racing	64120
commission after March 29, 1988, but before June 6, 2001, shall	64121
not commence nor shall the ten-year period begin to run until all	64122
prior tax reductions with respect to the same race track have	64123
ended. The total tax reduction because of capital improvements	64124
shall not during any one year exceed for all permit holders using	64125
any one track three-fourths of one per cent of the total amount	64126
wagered, regardless of the number of capital improvements made.	64127
Several capital improvements to a race track may be consolidated	64128
in an application if the racing commission approved the	64129
application prior to March 29, 1988. No permit holder may receive	64130
a tax reduction for a capital improvement approved by the racing	64131
commission on or after March 29, 1988, at a race track until all	64132
tax reductions have ended for all prior capital improvements	64133
approved by the racing commission under this section or section	64134
3769.20 of the Revised Code at that race track. If there are two	64135
or more permit holders operating meetings at the same track, they	64136
may consolidate their applications. The racing commission shall	64137
notify the tax commissioner when the reduction of tax begins and	64138
when it ends.	64139

Each fiscal year the racing commission shall submit a report	64140
to the tax commissioner, the office of budget and management, and	64141
the legislative service commission. The report shall identify each	64142
capital improvement project undertaken under this division and in	64143
progress at each race track, indicate the total cost of each	64144
project, state the tax reduction that resulted from each project	64145
during the immediately preceding fiscal year, estimate the tax	64146
reduction that will result from each project during the current	64147
fiscal year, state the total tax reduction that resulted from all	64148
such projects at all race tracks during the immediately preceding	64149
fiscal year, and estimate the total tax reduction that will result	64150
from all such projects at all race tracks during the current	64151
fiscal year.	64152

(2) In order to qualify for the reduction in tax, a permit	64153
holder shall apply to the racing commission in such form as the	64154
commission may require and shall provide full details of the new	64155
race track or capital improvement, including a schedule for its	64156
construction and completion, and set forth the costs and expenses	64157
incurred in connection with it. The racing commission shall not	64158
approve an application unless the permit holder shows that a	64159
contract for the new race track or capital improvement has been	64160
let under an unrestricted competitive bidding procedure, unless	64161
the contract is exempted by the controlling board because of its	64162
unusual nature. In determining whether to approve an application,	64163
the racing commission shall consider whether the new race track or	64164
capital improvement will promote the safety, convenience, and	64165
comfort of the racing public and horse owners and generally tend	64166
towards the improvement of racing in this state.	64167

(3) If a new race track or capital improvement is approved by	64168
the racing commission and construction has started, the tax	64169
reduction may be authorized by the commission upon presentation of	64170
copies of paid bills in excess of one hundred thousand dollars or	64171
ten per cent of the approved cost, whichever is greater. After the	64172
initial authorization, the permit holder shall present copies of	64173
paid bills. If the permit holder is in substantial compliance with	64174
the schedule for construction and completion of the new race track	64175
or capital improvement, the racing commission may authorize the	64176
continuation of the tax reduction upon the presentation of the	64177
additional paid bills. The total amount of the tax reduction	64178
authorized shall not exceed the percentage of the approved cost of	64179
the new race track or capital improvement specified in division	64180
(J)(1) of this section. The racing commission may terminate any	64181
tax reduction immediately if a permit holder fails to complete the	64182
new race track or capital improvement, or to substantially comply	64183
with the schedule for construction and completion of the new race	64184
track or capital improvement. If a permit holder fails to complete	64185
a new race track or capital improvement, the racing commission	64186
shall order the permit holder to repay to the state the total	64187
amount of tax reduced. The normal tax paid by the permit holder	64188
shall be increased by three-fourths of one per cent of the total	64189
amount wagered until the total amount of the additional tax	64190
collected equals the total amount of tax reduced.	64191

(4) As used in this section:

64192

(a) "Capital improvement" means an addition, replacement, or	64193
remodeling of a structural unit of a race track facility costing	64194
at least one hundred thousand dollars, including, but not limited	64195
to, the construction of barns used exclusively for the race track	64196
facility, backstretch facilities for horsemen, paddock facilities,	64197
new pari-mutuel and totalizator equipment and appurtenances to	64198
that equipment purchased by the track, new access roads, new	64199
parking areas, the complete reconstruction, reshaping, and	64200
leveling of the racing surface and appurtenances, the installation	64201
of permanent new heating or air conditioning, roof replacement or	64202
restoration, installations of a permanent nature forming a part of	64203
the track structure, and construction of buildings that are	64204
located on a permit holder's premises. "Capital improvement" does	64205
not include the cost of replacement of equipment that is not	64206
permanently installed, ordinary repairs, painting, and maintenance	64207
required to keep a race track facility in ordinary operating	64208
condition.	64209

(b) "New race track" includes the reconstruction of a race	64210
track damaged by fire or other cause that has been declared by the	64211
racing commission, as a result of the damage, to be an inadequate	64212
facility for the safe operation of horse racing.	64213

(c) "Approved cost" includes all debt service and interest	64214
costs that are associated with a capital improvement or new race	64215
track and that the racing commission approves for a tax reduction	64216
under division (J) of this section.	64217

(5) The racing commission shall not approve an application	64218
for a tax reduction under this section if it has reasonable cause	64219
to believe that the actions or negligence of the permit holder	64220
substantially contributed to the damage suffered by the track due	64221
to fire or other cause. The racing commission shall obtain any	64222
data or information available from a fire marshal, law enforcement	64223
official, or insurance company concerning any fire or other damage	64224
suffered by a track, prior to approving an application for a tax	64225
reduction.	64226

(6) The approved cost to which a tax reduction applies shall	64227
be determined by generally accepted accounting principles and	64228
verified by an audit of the permit holder's records upon	64229
completion of the project by the racing commission, or by an	64230
independent certified public accountant selected by the permit	64231
holder and approved by the commission.	64232

(K) No other license or excise tax or fee, except as provided	64233
in sections 3769.01 to 3769.14 of the Revised Code, shall be	64234
assessed or collected from such licensee by any county, township,	64235
district, municipal corporation, or other body having power to	64236
assess or collect a tax or fee. That portion of the tax paid under	64237
this section by permit holders for racing conducted at and during	64238
the course of an agricultural exposition or fair, and that portion	64239
of the tax that would have been paid by eligible permit holders	64240
into the nursing home franchise permit fee fund as a result of	64241
racing conducted at and during the course of an agricultural	64242
exposition or fair, shall be deposited into the state treasury to	64243
the credit of the horse racing tax fund, which is hereby created	64244
for the use of the agricultural societies of the several counties	64245
in which the taxes originate. The state racing commission shall	64246
determine eligible permit holders for purposes of the preceding	64247
sentence, taking into account the breed of horse, the racing	64248
dates, the geographic proximity to the fair, and the best	64249
interests of Ohio racing. On the first day of any month on which	64250
there is money in the fund, the tax commissioner shall provide for	64251
payment to the treasurer of each agricultural society the amount	64252
of the taxes collected under this section upon racing conducted at	64253
and during the course of any exposition or fair conducted by the	64254
society.	64255

(L) From the tax paid under this section by harness track	64256
permit holders, the tax commissioner shall pay into the Ohio	64257
thoroughbred race fund a sum equal to a percentage of the amount	64258
wagered upon which the tax is paid. The percentage shall be	64259
determined by the tax commissioner and shall be rounded to the	64260
nearest one-hundredth. The percentage shall be such that, when	64261
multiplied by the amount wagered upon which tax was paid by the	64262
harness track permit holders in the most recent year for which	64263
final figures are available, it results in a sum that	64264
substantially equals the same amount of tax paid by the tax	64265
commissioner during that year into the Ohio fairs fund from taxes	64266
paid by thoroughbred permit holders. This division does not apply	64267
to county and independent fairs and agricultural societies.	64268

(M) Twenty-five per cent of the taxes levied on thoroughbred	64269
racing permit holders, harness racing permit holders, and quarter	64270
horse racing permit holders under this section, division (A) of	64271
section 3769.087 of the Revised Code, and division (F)(2) of	64272
section 3769.26 of the Revised Code shall be paid into the nursing	64273
home franchise permit fee fund. The tax commissioner shall pay any	64274
money remaining, after the payment into the nursing home franchise	64275
permit fee fund and the reductions provided for in division (J) of	64276
this section and in section 3769.20 of the Revised Code, into the	64277
Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred	64278
development fund, Ohio quarter horse fund, and state racing	64279
commission operating fund as prescribed in this section and	64280
division (A) of section 3769.087 of the Revised Code. The tax	64281
commissioner shall thereafter use and apply the balance of the	64282
money paid as a tax by any permit holder to cover any shortage in	64283
the accounts of such funds resulting from an insufficient payment	64284
as a tax by any other permit holder. The moneys received by the	64285
tax commissioner shall be deposited weekly and paid by the tax	64286
commissioner into the funds to cover the total aggregate amount	64287
due from all permit holders to the funds, as calculated under this	64288
section and division (A) of section 3769.087 of the Revised Code,	64289
as applicable. If, after the payment into the nursing home	64290
franchise permit fee fund, sufficient funds are not available from	64291
the tax deposited by the tax commissioner to pay the required	64292
amounts into the Ohio fairs fund, Ohio standardbred development	64293
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	64294
the state racing commission operating fund, the tax commissioner	64295
shall prorate on a proportional basis the amount paid to each of	64296
the funds. Any shortage to the funds as a result of a proration	64297
shall be applied against future deposits for the same calendar	64298
year when funds are available. After this application, the tax	64299
commissioner shall pay any remaining money paid as a tax by all	64300
permit holders into the nursing home franchise permit fee fund.	64301
This division does not apply to permit holders conducting racing	64302
at the course of an agricultural exposition or fair as described	64303
in division (K) of this section.	64304

Sec. 3769.088. (A) If any permit holder required by this	64305
chapter to pay the taxes levied by sections 3769.08, 3769.087,	64306
3769.26, and 3769.28 of the Revised Code fails to pay the taxes,	64307
the tax commissioner may make an assessment against the permit	64308
holder based upon any information in the commissioner's	64309
possession.	64310

A penalty of up to fifteen per cent may be added to the	64311
amount of every assessment made under this section. The	64312
commissioner may adopt rules providing for the imposition and	64313
remission of penalties added to assessments made under this	64314
section.	64315

The commissioner shall give the party assessed written notice	64316
of the assessment in the manner provided in section 5703.37 of the	64317
Revised Code. With the notice, the commissioner shall provide	64318
instructions on how to petition for reassessment and request a	64319
hearing on the petition.	64320

(B) Unless the party assessed files with the tax commissioner	64321
within sixty days after service of the notice of assessment,	64322
either personally or by certified mail, a written petition for	64323
reassessment signed by the party assessed or that party's	64324
authorized agent having knowledge of the facts, the assessment	64325
becomes final and the amount of the assessment is due and payable	64326
from the party assessed to the commissioner. The petition shall	64327
indicate the objections of the party assessed, but additional	64328
objections may be raised in writing if received by the	64329
commissioner prior to the date shown on the final determination.	64330
If the petition has been properly filed, the commissioner shall	64331
proceed under section 5703.60 of the Revised Code.	64332

(C) After an assessment becomes final, if any portion of the	64333
assessment remains unpaid, including accrued interest, a certified	64334
copy of the tax commissioner's entry making the assessment final	64335
may be filed in the office of the clerk of the court of common	64336
pleas in the county in which the place, track, or enclosure for	64337
which the permit was issued is located or the county in which the	64338
party assessed resides or has its principal place of business. If	64339
the party assessed maintains no place of business in this state	64340
and is not a resident of this state, the certified copy of the	64341
entry may be filed in the office of the clerk of the court of	64342
common pleas of Franklin county.	64343

Immediately upon the filing of the entry, the clerk shall	64344
enter a judgment for the state against the party assessed in the	64345
amount shown on the entry. The judgment may be filed by the clerk	64346
in a loose-leaf book entitled "special judgments for state horse	64347
racing tax," and shall have the same effect as other judgments.	64348
Execution shall issue upon the judgment upon the request of the	64349
tax commissioner, and all laws applicable to sales on execution	64350
shall apply to sales made under the judgment.	64351

~~The portion of~~If the assessment is not paid in its entirety	64352
within sixty days after the day the assessment was issued, the	64353
portion of the assessment consisting of tax due shall bear	64354
interest at the rate per annum prescribed by section 5703.47 of	64355
the Revised Code from the day the tax commissioner issues the	64356
assessment until the day the assessment is paid or until it is	64357
certified to the attorney general for collection under section	64358
131.02 of the Revised Code, whichever comes first. If the unpaid	64359
portion of the assessment is certified to the attorney general for	64360
collection, the entire unpaid portion of the assessment shall bear	64361
interest at the rate per annum prescribed by section 5703.47 of	64362
the Revised Code from the date of certification until the date it	64363
is paid in its entirety. Interest shall be paid in the same manner	64364
as the tax and may be collected by the issuance of an assessment	64365
under this section.	64366

(D) All money collected by the tax commissioner under this	64367
section shall be treated as revenue arising from the taxes imposed	64368
by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised	64369
Code.	64370

Sec. 3770.02. (A) Subject to the advice and consent of the	64371
senate, the governor shall appoint a director of the state lottery	64372
commission who shall serve at the pleasure of the governor. The	64373
director shall devote full time to the duties of the office and	64374
shall hold no other office or employment. The director shall meet	64375
all requirements for appointment as a member of the commission and	64376
shall, by experience and training, possess management skills that	64377
equip the director to administer an enterprise of the nature of a	64378
state lottery. The director shall receive an annual salary in	64379
accordance with pay range 48 of section 124.152 of the Revised	64380
Code.	64381

(B)(1) The director shall attend all meetings of the	64382
commission and shall act as its secretary. The director shall keep	64383
a record of all commission proceedings and shall keep the	64384
commission's records, files, and documents at the commission's	64385
principal office. All records of the commission's meetings shall	64386
be available for inspection by any member of the public, upon a	64387
showing of good cause and prior notification to the director.	64388

(2) The director shall be the commission's executive officer	64389
and shall be responsible for keeping all commission records and	64390
supervising and administering the state lottery in accordance with	64391
this chapter, and carrying out all commission rules adopted under	64392
section 3770.03 of the Revised Code.	64393

(C)(1) The director shall appoint an assistant director,	64394
deputy directors of marketing, operations, sales, finance, public	64395
relations, security, and administration, and as many regional	64396
managers as are required. The director may also appoint necessary	64397
professional, technical, and clerical assistants. All such	64398
officers and employees shall be appointed and compensated pursuant	64399
to Chapter 124. of the Revised Code. Regional and assistant	64400
regional managers, sales representatives, and any lottery	64401
executive account representatives shall remain in the unclassified	64402
service.	64403

(2) The director, in consultation with the director of	64404
administrative services, may establish standards of proficiency	64405
and productivity for commission field representatives.	64406

(D) The director shall request the bureau of criminal	64407
identification and investigation, the department of public safety,	64408
or any other state, local, or federal agency to supply the	64409
director with the criminal records of any job applicant and may	64410
periodically request the criminal records of commission employees.	64411
At or prior to the time of making such a request, the director	64412
shall require a job applicant or commission employee to obtain	64413
fingerprint cards prescribed by the superintendent of the bureau	64414
of criminal identification and investigation at a qualified law	64415
enforcement agency, and the director shall cause these fingerprint	64416
cards to be forwarded to the bureau of criminal identification and	64417
investigation and the federal bureau of investigation. The	64418
commission shall assume the cost of obtaining the fingerprint	64419
cards and shall pay to each agency supplying criminal records for	64420
each investigation under this division a reasonable fee, as	64421
determined by the agency.	64422

(E) The director shall license lottery sales agents pursuant	64423
to section 3770.05 of the Revised Code and, when it is considered	64424
necessary, may revoke or suspend the license of any lottery sales	64425
agent. The director may license video lottery technology	64426
providers, independent testing laboratories, and gaming employees,	64427
and promulgate rules relating thereto. When the director considers	64428
it necessary, the director may suspend or revoke the license of a	64429
video lottery technology provider, independent testing laboratory,	64430
or gaming employee, including suspension or revocation without	64431
affording an opportunity for a prior hearing under section 119.07	64432
of the Revised Code when the public safety, convenience, or trust	64433
requires immediate action.	64434

(F) The director shall confer at least once each month with	64435
the commission, at which time the director shall advise it	64436
regarding the operation and administration of the lottery. The	64437
director shall make available at the request of the commission all	64438
documents, files, and other records pertaining to the operation	64439
and administration of the lottery. The director shall prepare and	64440
make available to the commission each month a complete and	64441
accurate accounting of lottery revenues, prize money disbursements	64442
and the cost of goods and services awarded as prizes, operating	64443
expenses, and all other relevant financial information, including	64444
an accounting of all transfers made from any lottery funds in the	64445
custody of the treasurer of state to benefit education.	64446

(G) The director may enter into contracts for the operation	64447
or promotion of the lottery pursuant to Chapter 125. of the	64448
Revised Code.	64449

(H)(1) Pursuant to rules adopted by the commission under	64450
section 3770.03 of the Revised Code, the director shall require	64451
any lottery sales agents to ~~either mail directly to the commission~~	64452
or deposit to the credit of the state lottery fund, in banking	64453
institutions designated by the treasurer of state, net proceeds	64454
due the commission as determined by the director~~, and to file with~~	64455
~~the director or the director's designee reports of their receipts~~	64456
~~and transactions in the sale of lottery tickets in the form~~	64457
~~required by the director~~.	64458

(2) Pursuant to rules adopted by the commission under Chapter	64459
119. of the Revised Code, the director may impose penalties for	64460
the failure of a sales agent to transfer funds to the commission	64461
in a timely manner. Penalties may include monetary penalties,	64462
immediate suspension or revocation of a license, or any other	64463
penalty the commission adopts by rule.	64464

(I) The director may arrange for any person, or any banking	64465
institution, to perform functions and services in connection with	64466
the operation of the lottery as the director may consider	64467
necessary to carry out this chapter.	64468

(J)(1) As used in this chapter, "statewide joint lottery	64469
game" means a lottery game that the commission sells solely within	64470
this state under an agreement with other lottery jurisdictions to	64471
sell the same lottery game solely within their statewide or other	64472
jurisdictional boundaries.	64473

(2) If the governor directs the director to do so, the	64474
director shall enter into an agreement with other lottery	64475
jurisdictions to conduct statewide joint lottery games. If the	64476
governor signs the agreement personally or by means of an	64477
authenticating officer pursuant to section 107.15 of the Revised	64478
Code, the director then may conduct statewide joint lottery games	64479
under the agreement.	64480

(3) The entire net proceeds from any statewide joint lottery	64481
games shall be used to fund elementary, secondary, vocational, and	64482
special education programs in this state.	64483

(4) The commission shall conduct any statewide joint lottery	64484
games in accordance with rules it adopts under division (B)(5) of	64485
section 3770.03 of the Revised Code.	64486

(K)(1) The director shall enter into an agreement with the	64487
department of ~~alcohol and drug addiction services~~mental health	64488
and addiction services under which the department shall provide a	64489
program of gambling addiction services on behalf of the	64490
commission. The commission shall pay the costs of the program	64491
provided pursuant to the agreement.	64492

(2) As used in this section, "gambling addiction services"	64493
has the same meaning as in section ~~3793.01~~5119.01 of the Revised	64494
Code.	64495

Sec. 3770.03. (A) The state lottery commission shall	64496
promulgate rules under which a statewide lottery may be conducted,	64497
which includes, and since the original enactment of this section	64498
has included, the authority for the commission to operate video	64499
lottery terminal games. Any reference in this chapter to tickets	64500
shall not be construed to in any way limit the authority of the	64501
commission to operate video lottery terminal games. Nothing in	64502
this chapter shall restrict the authority of the commission to	64503
promulgate rules related to the operation of games utilizing video	64504
lottery terminals as described in section 3770.21 of the Revised	64505
Code. Provided, however, that no tickets shall be sold, offered	64506
for sale, or purchased from a licensed lottery sales agent or the	64507
commission by telephone or by the use of computer, credit card,	64508
debit card, or fascimile services. The rules shall be promulgated	64509
pursuant to Chapter 119. of the Revised Code, except that instant	64510
game rules shall be promulgated pursuant to section 111.15 of the	64511
Revised Code but are not subject to division (D) of that section.	64512
Subjects covered in these rules shall include, but need not be	64513
limited to, the following:	64514

(1) The type of lottery to be conducted;

64515

(2) The prices of tickets in the lottery;

64516

(3) The number, nature, and value of prize awards, the manner	64517
and frequency of prize drawings, and the manner in which prizes	64518
shall be awarded to holders of winning tickets.	64519

(B) The commission shall promulgate rules, in addition to	64520
those described in division (A) of this section, pursuant to	64521
Chapter 119. of the Revised Code under which a statewide lottery	64522
and statewide joint lottery games may be conducted. Subjects	64523
covered in these rules shall include, but not be limited to, the	64524
following:	64525

(1) The locations at which lottery tickets may be sold and	64526
the manner in which they are to be sold. These rules may authorize	64527
the sale of lottery tickets by commission personnel or other	64528
licensed individuals from traveling show wagons at the state fair,	64529
and at any other expositions the director of the commission	64530
considers acceptable. These rules shall prohibit commission	64531
personnel or other licensed individuals from soliciting from an	64532
exposition the right to sell lottery tickets at that exposition,	64533
but shall allow commission personnel or other licensed individuals	64534
to sell lottery tickets at an exposition if the exposition	64535
requests commission personnel or licensed individuals to do so.	64536
These rules may also address the accessibility of sales agent	64537
locations to commission products in accordance with the "Americans	64538
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101	64539
et seq.	64540

(2) The manner in which lottery sales revenues are to be	64541
collected, including authorization for the director to impose	64542
penalties for failure by lottery sales agents to transfer revenues	64543
to the commission in a timely manner;	64544

(3) The amount of compensation to be paid licensed lottery	64545
sales agents;	64546

(4) The substantive criteria for the licensing of lottery	64547
sales agents consistent with section 3770.05 of the Revised Code,	64548
and procedures for revoking or suspending their licenses	64549
consistent with Chapter 119. of the Revised Code. If	64550
circumstances, such as the nonpayment of funds owed by a lottery	64551
sales agent, or other circumstances related to the public safety,	64552
convenience, or trust, require immediate action, the director may	64553
suspend a license without affording an opportunity for a prior	64554
hearing under section 119.07 of the Revised Code.	64555

(5) Special game rules to implement any agreements signed by	64556
the governor that the director enters into with other lottery	64557
jurisdictions under division (J) of section 3770.02 of the Revised	64558
Code to conduct statewide joint lottery games. The rules shall	64559
require that the entire net proceeds of those games that remain,	64560
after associated operating expenses, prize disbursements, lottery	64561
sales agent bonuses, commissions, and reimbursements, and any	64562
other expenses necessary to comply with the agreements or the	64563
rules are deducted from the gross proceeds of those games, be	64564
transferred to the lottery profits education fund under division	64565
(B) of section 3770.06 of the Revised Code.	64566

(6) Any other subjects the commission determines are	64567
necessary for the operation of video lottery terminal games,	64568
including the establishment of any fees, fines, or payment	64569
schedules.	64570

(C) Chapter 2915. of the Revised Code does not apply to,	64571
affect, or prohibit lotteries conducted pursuant to this chapter.	64572

(D) The commission may promulgate rules, in addition to those	64573
described in divisions (A) and (B) of this section, that establish	64574
standards governing the display of advertising and celebrity	64575
images on lottery tickets and on other items that are used in the	64576
conduct of, or to promote, the statewide lottery and statewide	64577
joint lottery games. Any revenue derived from the sale of	64578
advertising displayed on lottery tickets and on those other items	64579
shall be considered, for purposes of section 3770.06 of the	64580
Revised Code, to be related proceeds in connection with the	64581
statewide lottery or gross proceeds from statewide joint lottery	64582
games, as applicable.	64583

(E)(1) The commission shall meet with the director at least	64584
once each month and shall convene other meetings at the request of	64585
the chairperson or any five of the members. No action taken by the	64586
commission shall be binding unless at least five of the members	64587
present vote in favor of the action. A written record shall be	64588
made of the proceedings of each meeting and shall be transmitted	64589
forthwith to the governor, the president of the senate, the senate	64590
minority leader, the speaker of the house of representatives, and	64591
the house minority leader.	64592

(2) The director shall present to the commission a report	64593
each month, showing the total revenues, prize disbursements, and	64594
operating expenses of the state lottery for the preceding month.	64595
As soon as practicable after the end of each fiscal year, the	64596
commission shall prepare and transmit to the governor and the	64597
general assembly a report of lottery revenues, prize	64598
disbursements, and operating expenses for the preceding fiscal	64599
year and any recommendations for legislation considered necessary	64600
by the commission.	64601

Sec. 3770.06. (A) There is hereby created the state lottery	64602
gross revenue fund, which shall be in the custody of the treasurer	64603
of state but shall not be part of the state treasury. All gross	64604
revenues received from sales of lottery tickets, fines, fees, and	64605
related proceeds in connection with the statewide lottery and all	64606
gross proceeds from statewide joint lottery games shall be	64607
deposited into the fund. The treasurer of state shall invest any	64608
portion of the fund not needed for immediate use in the same	64609
manner as, and subject to all provisions of law with respect to	64610
the investment of, state funds. The treasurer of state shall	64611
disburse money from the fund on order of the director of the state	64612
lottery commission or the director's designee.	64613

Except for gross proceeds from statewide joint lottery games,	64614
all revenues of the state lottery gross revenue fund that are not	64615
paid to holders of winning lottery tickets, that are not required	64616
to meet short-term prize liabilities, that are not credited to	64617
lottery sales agents in the form of bonuses, commissions, or	64618
reimbursements, that are not paid to financial institutions to	64619
reimburse those institutions for sales agent nonsufficient funds,	64620
and that are collected from sales agents for remittance to	64621
insurers under contract to provide sales agent bonding services	64622
shall be transferred to the state lottery fund, which is hereby	64623
created in the state treasury. In addition, all revenues of the	64624
state lottery gross revenue fund that represent the gross proceeds	64625
from the statewide joint lottery games and that are not paid to	64626
holders of winning lottery tickets, that are not required to meet	64627
short-term prize liabilities, that are not credited to lottery	64628
sales agents in the form of bonuses, commissions, or	64629
reimbursements, and that are not necessary to cover operating	64630
expenses associated with those games or to otherwise comply with	64631
the agreements signed by the governor that the director enters	64632
into under division (J) of section 3770.02 of the Revised Code or	64633
the rules the commission adopts under division (B)(5) of section	64634
3770.03 of the Revised Code shall be transferred to the state	64635
lottery fund. All investment earnings of the fund shall be	64636
credited to the fund. Moneys shall be disbursed from the fund	64637
pursuant to vouchers approved by the director. Total disbursements	64638
for monetary prize awards to holders of winning lottery tickets in	64639
connection with the statewide lottery and purchases of goods and	64640
services awarded as prizes to holders of winning lottery tickets	64641
shall be of an amount equal to at least fifty per cent of the	64642
total revenue accruing from the sale of lottery tickets.	64643

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	64644
there is hereby established in the state treasury the lottery	64645
profits education fund. Whenever, in the judgment of the director	64646
of the state lottery commission, the amount to the credit of the	64647
state lottery fund that does not represent proceeds from statewide	64648
joint lottery games is in excess of that needed to meet the	64649
maturing obligations of the commission and as working capital for	64650
its further operations, the director of the state lottery	64651
commission shall recommend the amount of the excess to be	64652
transferred to the lottery profits education fund, and the	64653
director of budget and management may transfer the excess to the	64654
lottery profits education fund in connection with the statewide	64655
lottery. In addition, whenever, in the judgment of the director of	64656
the state lottery commission, the amount to the credit of the	64657
state lottery fund that represents proceeds from statewide joint	64658
lottery games equals the entire net proceeds of those games as	64659
described in division (B)(5) of section 3770.03 of the Revised	64660
Code and the rules adopted under that division, the director of	64661
the state lottery commission shall recommend the amount of the	64662
proceeds to be transferred to the lottery profits education fund,	64663
and the director of budget and management may transfer those	64664
proceeds to the lottery profits education fund. Investment	64665
earnings of the lottery profits education fund shall be credited	64666
to the fund.	64667

The lottery profits education fund shall be used solely for	64668
the support of elementary, secondary, vocational, and special	64669
education programs as determined in appropriations made by the	64670
general assembly, or as provided in applicable bond proceedings	64671
for the payment of debt service on obligations issued to pay costs	64672
of capital facilities, including those for a system of common	64673
schools throughout the state pursuant to section 2n of Article	64674
VIII, Ohio Constitution. When determining the availability of	64675
money in the lottery profits education fund, the director of	64676
budget and management may consider all balances and estimated	64677
revenues of the fund.	64678

(C) There is hereby established in the state treasury the	64679
deferred prizes trust fund. With the approval of the director of	64680
budget and management, an amount sufficient to fund annuity prizes	64681
shall be transferred from the state lottery fund and credited to	64682
the trust fund. The treasurer of state shall credit all earnings	64683
arising from investments purchased under this division to the	64684
trust fund. Within sixty days after the end of each fiscal year,	64685
the treasurer of state shall certify to the director of budget and	64686
management whether the actuarial amount of the trust fund is	64687
sufficient over the fund's life for continued funding of all	64688
remaining deferred prize liabilities as of the last day of the	64689
fiscal year just ended. Also, within that sixty days, the director	64690
of budget and management shall certify the amount of investment	64691
earnings necessary to have been credited to the trust fund during	64692
the fiscal year just ending to provide for such continued funding	64693
of deferred prizes. Any earnings credited in excess of the latter	64694
certified amount shall be transferred to the lottery profits	64695
education fund.	64696

To provide all or a part of the amounts necessary to fund	64697
deferred prizes awarded by the commission in connection with the	64698
statewide lottery, the treasurer of state, in consultation with	64699
the commission, may invest moneys contained in the deferred prizes	64700
trust fund which represents proceeds from the statewide lottery in	64701
obligations of the type permitted for the investment of state	64702
funds but whose maturities are thirty years or less.	64703
Notwithstanding the requirements of any other section of the	64704
Revised Code, to provide all or part of the amounts necessary to	64705
fund deferred prizes awarded by the commission in connection with	64706
statewide joint lottery games, the treasurer of state, in	64707
consultation with the commission, may invest moneys in the trust	64708
fund which represent proceeds derived from the statewide joint	64709
lottery games in accordance with the rules the commission adopts	64710
under division (B)(5) of section 3770.03 of the Revised Code.	64711
Investments of the trust fund are not subject to the provisions of	64712
division (A)(10) of section 135.143 of the Revised Code limiting	64713
to twenty-five per cent the amount of the state's total average	64714
portfolio that may be invested in debt interests and limiting to	64715
one-half of one per cent the amount that may be invested in debt	64716
interests of a single issuer.	64717

All purchases made under this division shall be effected on a	64718
delivery versus payment method and shall be in the custody of the	64719
treasurer of state.	64720

The treasurer of state may retain an investment advisor, if	64721
necessary. The commission shall pay any costs incurred by the	64722
treasurer of state in retaining an investment advisor.	64723

(D) The auditor of state shall conduct annual audits of all	64724
funds and any other audits as the auditor of state or the general	64725
assembly considers necessary. The auditor of state may examine all	64726
records, files, and other documents of the commission, and records	64727
of lottery sales agents that pertain to their activities as	64728
agents, for purposes of conducting authorized audits.	64729

(E) The state lottery commission shall establish an internal	64730
audit ~~program~~plan before the beginning of each fiscal year,	64731
subject to the approval of the ~~auditor~~office of ~~state~~internal	64732
audit in the office of budget and management. At the end of each	64733
fiscal year, the commission shall prepare and submit an annual	64734
report to the ~~auditor~~office of ~~state~~internal audit for the	64735
~~auditor of state's~~office's review and approval, specifying the	64736
internal audit work completed by the end of that fiscal year and	64737
reporting on compliance with the annual internal audit ~~program.~~	64738
~~The form and content of the report shall be prescribed by the~~	64739
~~auditor of state under division (C) of section 117.20 of the~~	64740
~~Revised Code~~plan.	64741

~~(E)~~(F) Whenever, in the judgment of the director of budget	64742
and management, an amount of net state lottery proceeds is	64743
necessary to be applied to the payment of debt service on	64744
obligations, all as defined in sections 151.01 and 151.03 of the	64745
Revised Code, the director shall transfer that amount directly	64746
from the state lottery fund or from the lottery profits education	64747
fund to the bond service fund defined in those sections. The	64748
provisions of this division are subject to any prior pledges or	64749
obligation of those amounts to the payment of bond service charges	64750
as defined in division (C) of section 3318.21 of the Revised Code,	64751
as referred to in division (B) of this section.	64752

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	64753
the commission shall have authority to complete the functions of	64754
licensing, regulating, investigating, and penalizing casino	64755
operators, management companies, holding companies, key employees,	64756
casino gaming employees, and gaming-related vendors. The	64757
commission also shall have jurisdiction over all persons	64758
participating in casino gaming authorized by Section 6(C) of	64759
Article XV, Ohio Constitution, and this chapter.	64760

(B) All rules adopted by the commission under this chapter	64761
shall be adopted under procedures established in Chapter 119. of	64762
the Revised Code. The commission may contract for the services of	64763
experts and consultants to assist the commission in carrying out	64764
its duties under this section.	64765

(C) Within six months of September 10, 2010, the commission	64766
shall adopt initial rules as are necessary for completing the	64767
functions stated in division (A) of this section and for	64768
addressing the subjects enumerated in division (D) of this	64769
section.	64770

(D) The commission shall adopt, and as advisable and	64771
necessary shall amend or repeal, rules that include all of the	64772
following:	64773

(1) The prevention of practices detrimental to the public	64774
interest;	64775

(2) Prescribing the method of applying, and the form of	64776
application, that an applicant for a license under this chapter	64777
must follow as otherwise described in this chapter;	64778

(3) Prescribing the information to be furnished by an	64779
applicant or licensee as described in section 3772.11 of the	64780
Revised Code;	64781

(4) Describing the certification standards and duties of an	64782
independent testing laboratory certified under section 3772.31 of	64783
the Revised Code and the relationship between the commission, the	64784
laboratory, the gaming-related vendor, and the casino operator;	64785

(5) The minimum amount of insurance that must be maintained	64786
by a casino operator, management company, holding company, or	64787
gaming-related vendor;	64788

(6) The approval process for ~~a significant~~any change in	64789
~~ownership~~ or transfer of control of a ~~licensee~~casino operator as	64790
provided in section 3772.091 of the Revised Code;	64791

(7) The design of gaming supplies, devices, and equipment to	64792
be distributed by gaming-related vendors;	64793

(8) Identifying the casino gaming that is permitted,	64794
identifying the gaming supplies, devices, and equipment, that are	64795
permitted, defining the area in which the permitted casino gaming	64796
may be conducted, and specifying the method of operation according	64797
to which the permitted casino gaming is to be conducted as	64798
provided in section 3772.20 of the Revised Code, and requiring	64799
gaming devices and equipment to meet the standards of this state;	64800

(9) Tournament play in any casino facility;

64801

(10) Establishing and implementing a voluntary exclusion	64802
program that provides all of the following:	64803

(a) Except as provided by commission rule, a person who	64804
participates in the program shall agree to refrain from entering a	64805
casino facility.	64806

(b) The name of a person participating in the program shall	64807
be included on a list of persons excluded from all casino	64808
facilities.	64809

(c) Except as provided by commission rule, no person who	64810
participates in the program shall petition the commission for	64811
admittance into a casino facility.	64812

(d) The list of persons participating in the program and the	64813
personal information of those persons shall be confidential and	64814
shall only be disseminated by the commission to a casino operator	64815
and the agents and employees of the casino operator for purposes	64816
of enforcement and to other entities, upon request of the	64817
participant and agreement by the commission.	64818

(e) A casino operator shall make all reasonable attempts as	64819
determined by the commission to cease all direct marketing efforts	64820
to a person participating in the program.	64821

(f) A casino operator shall not cash the check of a person	64822
participating in the program or extend credit to the person in any	64823
manner. However, the program shall not exclude a casino operator	64824
from seeking the payment of a debt accrued by a person before	64825
participating in the program.	64826

(g) Any and all locations at which a person may register as a	64827
participant in the program shall be published.	64828

(11) Requiring the commission to adopt standards regarding	64829
the marketing materials of a licensed casino operator, including	64830
allowing the commission to prohibit marketing materials that are	64831
contrary to the adopted standards;	64832

(12) Requiring that the records, including financial	64833
statements, of any casino operator, management company, holding	64834
company, and gaming-related vendor be maintained in the manner	64835
prescribed by the commission and made available for inspection	64836
upon demand by the commission, but shall be subject to section	64837
3772.16 of the Revised Code;	64838

(13) Permitting a licensed casino operator, management	64839
company, key employee, or casino gaming employee to question a	64840
person suspected of violating this chapter;	64841

(14) The chips, tokens, tickets, electronic cards, or similar	64842
objects that may be purchased by means of an agreement under which	64843
credit is extended to a wagerer by a casino operator;	64844

(15) Establishing standards for provisional key employee	64845
licenses for a person who is required to be licensed as a key	64846
employee and is in exigent circumstances and standards for	64847
provisional licenses for casino gaming employees who submit	64848
complete applications and are compliant under an instant	64849
background check. A provisional license shall be valid not longer	64850
than three months. A provisional license may be renewed one time,	64851
at the commission's discretion, for an additional three months. In	64852
establishing standards with regard to instant background checks	64853
the commission shall take notice of criminal records checks as	64854
they are conducted under section 311.41 of the Revised Code using	64855
electronic fingerprint reading devices.	64856

(16) Establishing approval procedures for third-party	64857
engineering or accounting firms, as described in section 3772.09	64858
of the Revised Code;	64859

(17) Prescribing the manner in which winnings, compensation	64860
from casino gaming, and gross revenue must be computed and	64861
reported by a licensee as described in Chapter 5753. of the	64862
Revised Code;	64863

(18) Prescribing conditions under which a licensee's license	64864
may be suspended or revoked as described in section 3772.04 of the	64865
Revised Code;	64866

(19) Prescribing the manner and procedure of all hearings to	64867
be conducted by the commission or by any hearing examiner;	64868

(20) Prescribing technical standards and requirements that	64869
are to be met by security and surveillance equipment that is used	64870
at and standards and requirements to be met by personnel who are	64871
employed at casino facilities, and standards and requirements for	64872
the provision of security at and surveillance of casino	64873
facilities;	64874

(21) Prescribing requirements for a casino operator to	64875
provide unarmed security services at a casino facility by licensed	64876
casino employees, and the training that shall be completed by	64877
these employees;	64878

(22) Prescribing standards according to which casino	64879
operators shall keep accounts and standards according to which	64880
casino accounts shall be audited, and establish means of assisting	64881
the tax commissioner in levying and collecting the gross casino	64882
revenue tax levied under section 5753.02 of the Revised Code;	64883

(23) Defining penalties for violation of commission rules and	64884
a process for imposing such penalties subject to the review of the	64885
joint committee on gaming and wagering;	64886

(24) Establishing standards for decertifying contractors that	64887
violate statutes or rules of this state or the federal government;	64888

(25) Establishing standards for the repair of casino gaming	64889
equipment;	64890

(26) Establishing procedures to ensure that casino operators,	64891
management companies, and holding companies are compliant with the	64892
compulsive and problem gambling plan submitted under section	64893
3772.18 of the Revised Code;	64894

(27) Prescribing, for institutional investors in or holding	64895
companies of a casino operator, management company, holding	64896
company, or gaming-related vendor that fall below the threshold	64897
needed to be considered an institutional investor or a holding	64898
company, standards regarding what any employees, members, or	64899
owners of those investors or holding companies may do and shall	64900
not do in relation to casino facilities and casino gaming in this	64901
state, which standards shall rationally relate to the need to	64902
proscribe conduct that is inconsistent with passive institutional	64903
investment status;	64904

(28) Providing for any other thing necessary and proper for	64905
successful and efficient regulation of casino gaming under this	64906
chapter.	64907

(E) The commission shall employ and assign gaming agents as	64908
necessary to assist the commission in carrying out the duties of	64909
this chapter. In order to maintain employment as a gaming agent,	64910
the gaming agent shall successfully complete all continuing	64911
training programs required by the commission and shall not have	64912
been convicted of or pleaded guilty or no contest to a	64913
disqualifying offense as defined in section 3772.07 of the Revised	64914
Code.	64915

(F) The commission, as a law enforcement agency, and its	64916
gaming agents, as law enforcement officers as defined in section	64917
2901.01 of the Revised Code, shall have authority with regard to	64918
the detection and investigation of, the seizure of evidence	64919
allegedly relating to, and the apprehension and arrest of persons	64920
allegedly committing gaming offenses, and shall have access to	64921
casino facilities to carry out the requirements of this chapter.	64922

(G) The commission may eject or exclude or authorize the	64923
ejection or exclusion of and a gaming agent may eject a person	64924
from a casino facility for any of the following reasons:	64925

(1) The person's name is on the list of persons voluntarily	64926
excluding themselves from all casinos in a program established	64927
according to rules adopted by the commission;	64928

(2) The person violates or conspires to violate this chapter	64929
or a rule adopted thereunder; or	64930

(3) The commission determines that the person's conduct or	64931
reputation is such that the person's presence within a casino	64932
facility may call into question the honesty and integrity of the	64933
casino gaming operations or interfere with the orderly conduct of	64934
the casino gaming operations.	64935

(H) A person, other than a person participating in a	64936
voluntary exclusion program, may petition the commission for a	64937
public hearing on the person's ejection or exclusion under this	64938
chapter.	64939

(I) A casino operator or management company shall have the	64940
same authority to eject or exclude a person from the management	64941
company's casino facilities as authorized in division (G) of this	64942
section. The licensee shall immediately notify the commission of	64943
an ejection or exclusion.	64944

(J) The commission shall submit a written annual report with	64945
the governor, president and minority leader of the senate, speaker	64946
and minority leader of the house of representatives, and joint	64947
committee on gaming and wagering before the first day of September	64948
each year. The annual report shall include a statement describing	64949
the receipts and disbursements of the commission, relevant	64950
financial data regarding casino gaming, including gross revenues	64951
and disbursements made under this chapter, actions taken by the	64952
commission, an update on casino operators', management companies',	64953
and holding companies' compulsive and problem gambling plans and	64954
the voluntary exclusion program and list, and any additional	64955
information that the commission considers useful or that the	64956
governor, president or minority leader of the senate, speaker or	64957
minority leader of the house of representatives, or joint	64958
committee on gaming and wagering requests.	64959

(K) Notwithstanding any law to the contrary, beginning on	64960
July 1, 2011, the commission shall assume jurisdiction over and	64961
oversee the regulation of skill-based amusement machines as is	64962
provided in the law of this state.	64963

Sec. 3772.062. (A) The executive director of the commission	64964
shall enter into an agreement with the department of ~~alcohol and~~	64965
~~drug addiction services~~mental health and addiction services under	64966
which the department provides a program of gambling and addiction	64967
services on behalf of the commission.	64968

(B) The executive director of the commission, in conjunction	64969
with the department of ~~alcohol and drug addiction services~~mental	64970
health and addiction services and the state lottery commission,	64971
shall establish, operate, and publicize an in-state, toll-free	64972
telephone number Ohio residents may call to obtain basic	64973
information about problem gambling, the gambling addiction	64974
services available to problem gamblers, and how a problem gambler	64975
may obtain help. The telephone number shall be staffed twenty-four	64976
hours per day, seven days a week, to respond to inquiries and	64977
provide that information. The costs of establishing, operating,	64978
and publicizing the telephone number shall be paid for with money	64979
in the problem casino gambling and addictions fund.	64980

Sec. 3772.091. (A) NoA casino operator license issued under	64981
this chapter is transferable, subject to approval by the	64982
commission. ~~Except as provided in division (B) of this section,~~	64983
~~new majority ownership interest or~~Any such transfer shall require	64984
the filing of an application for transferring a casino operator	64985
license and submission of an application fee with the commission	64986
before the transfer may be approved.	64987

(B) A new majority ownership interest in or change in or	64988
transfer of control of a ~~licensee~~casino operator shall require a	64989
~~new license~~commission approval. ~~The commission may reopen a~~	64990
~~licensing investigation at any time. A significant~~Any such	64991
ownership interest in or change in or transfer of control~~, as~~	64992
~~determined by the commission,~~ shall require the filing of an	64993
application for ~~a new~~transferring the casino operator license and	64994
submission of ~~a license~~an application fee with the commission	64995
before ~~any such~~the ownership interest in or the change in or	64996
transfer of control ismay be approved. ~~A change in or transfer of~~	64997
~~control to an immediate family member is not considered a~~	64998
~~significant change under this section~~	64999

(C) An application for transferring a casino operator license	65000
shall be made under oath on forms prescribed by the commission and	65001
shall contain the information required by section 3772.11 of the	65002
Revised Code and the rules adopted thereunder.	65003

(D) The fee to obtain an application for transferring a	65004
casino operator license shall be the same as is required to obtain	65005
an application under division (C) of section 3772.17 of the	65006
Revised Code. Such an application fee may be increased to the	65007
extent that the actual review and investigation costs relating to	65008
an applicant exceed the fee set forth in this division. This	65009
application fee is nonrefundable and shall be deposited into the	65010
casino control commission fund.	65011

(E) In the determination of whether to approve the transfer	65012
of a casino operator license, the applicant shall prove their	65013
suitability for licensure by clear and convincing evidence and the	65014
commission shall consider all the factors established in this	65015
chapter that pertain to the granting of a casino operator license.	65016

(F) The commission may reopen a licensing investigation at	65017
any time.	65018

~~(B) An initial license shall not be considered transferred,~~	65019
~~and a new license shall not be required, when an initial licensee~~	65020
~~that is licensed before June 1, 2013, does or has done both of the~~	65021
~~following:~~	65022

~~(1) Obtains a majority ownership interest in, or a change in~~	65023
~~or transfer of control of, another initial licensee for the same~~	65024
~~casino facility; and~~	65025

~~(2) Was investigated under this chapter as a parent,~~	65026
~~affiliate, subsidiary, key employee, or partner, or joint venturer~~	65027
~~with another initial licensee that has held for the same casino~~	65028
~~facility a majority ownership interest in or control of the~~	65029
~~initial license when the initial license was issued and when such~~	65030
~~an initial licensee obtains a majority ownership interest in or a~~	65031
~~change in or transfer of control.~~	65032

~~(C)~~(G) As used in this section:

65033

~~(1) "Control"~~, "control" means either of the following:

65034

~~(a)~~(1) Either:

65035

~~(i)~~(a) Holding fifty per cent or more of the outstanding	65036
voting securities of a licensee; or	65037

~~(ii)~~(b) For an unincorporated licensee, having the right to	65038
fifty per cent or more of the profits of the licensee, or having	65039
the right in the event of dissolution to fifty per cent or more of	65040
the assets of the licensee.	65041

~~(b)~~(2) Having the contractual power presently to designate	65042
fifty per cent or more of the directors of a for-profit or	65043
not-for-profit corporation, or in the case of trusts described in	65044
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such	65045
a trust.	65046

~~(2) "Initial license" means the first plenary license issued~~	65047
~~to an initial licensee.~~	65048

~~(3) "Initial licensee" means any of the persons issued an~~	65049
~~initial license to conduct or participate in conducting casino~~	65050
~~gaming at each casino facility as either a casino operator, a~~	65051
~~management company, or a holding company of a casino operator or~~	65052
~~management company.~~	65053

Sec. 3772.092. (A) Except as provided in division (A) of	65054
section 3772.091 of the Revised Code, no license issued under this	65055
chapter is transferable.	65056

(B) Except as provided in division (B) of section 3772.091 of	65057
the Revised Code, a new majority ownership interest in or a change	65058
in or transfer of control of a licensee shall require a new	65059
license. Any such ownership interest in or change in or transfer	65060
of control shall require the filing of the applicable application	65061
for a new license and submission of the applicable application and	65062
license fees with the commission before the new license may be	65063
issued.	65064

(C) An application for the applicable new license shall be	65065
made under oath on forms prescribed by the commission and shall	65066
contain the information required by this chapter and the rules	65067
adopted thereunder.	65068

(D) The applicable application and license fees shall be in	65069
the amounts prescribed in section 3772.17 of the Revised Code and	65070
the rules adopted thereunder. Such an application fee may be	65071
increased to the extent that the actual review and investigation	65072
costs relating to an applicant exceed the fee set forth in this	65073
division. The application fee is nonrefundable and shall be	65074
deposited into the casino control commission fund.	65075

(E) In the determination of whether to approve the	65076
application for a new license, the applicant shall prove their	65077
suitability for licensure by clear and convincing evidence and the	65078
commission shall consider all of the factors established in this	65079
chapter that pertain to the granting of such a license.	65080

(F) The commission may reopen a licensing investigation at	65081
any time.	65082

(G) As used in this section, "control" has the same meaning	65083
as in division (G) of section 3772.091 of the Revised Code.	65084

Sec. 3772.36. (A) There is hereby created in the state	65085
treasury the casino control commission enforcement fund. All	65086
moneys that are derived from any fines, mandatory fines, or	65087
forfeited bail to which the commission may be entitled under this	65088
chapter and all moneys that are derived from forfeitures of	65089
property to which the commission may be entitled under this	65090
chapter or Chapter 2981. of the Revised Code, any other provision	65091
of the Revised Code, or federal law shall be deposited into the	65092
fund. Subject to division (B) of this section and divisions (B),	65093
(C), and (D) of section 2981.13 of the Revised Code, the moneys in	65094
the fund shall be used solely to subsidize the commission's	65095
division of enforcement and its efforts to ensure the integrity of	65096
casino gaming.	65097

(B) Notwithstanding any contrary provision in the Revised	65098
Code, moneys that are derived from forfeitures of property under	65099
federal law and that are deposited into the casino control	65100
commission enforcement fund in accordance with division (A) of	65101
this section shall be used and accounted for in accordance with	65102
the applicable federal law, and the commission otherwise shall	65103
comply with federal law in connection with that money.	65104

Sec. 3781.112. (A) As used in this section, "secured	65105
facility" means any of the following:	65106

(1) A maternity unit, newborn care nursery, or maternity home	65107
licensed under Chapter 3711. of the Revised Code;	65108

(2) A pediatric intensive care unit subject to rules adopted	65109
by the director of health pursuant to section 3702.11 of the	65110
Revised Code;	65111

(3) A children's hospital, as defined in section 3727.01 of	65112
the Revised Code;	65113

(4) A hospital that is licensed under section ~~5119.20~~5119.33	65114
of the Revised Code to receive mentally ill persons;	65115

(5) The portion of a nursing home licensed under section	65116
3721.02 of the Revised Code or in accordance with section 3721.09	65117
of the Revised Code in which specialized care is provided to	65118
residents of the nursing home who have physical or mental	65119
conditions that require a resident to be restricted in the	65120
resident's freedom of movement for the health and safety of the	65121
resident, the staff attending the resident, or the general public.	65122

(B) A secured facility may take reasonable steps in	65123
accordance with rules the board of building standards adopts under	65124
division (A) of section 3781.10 of the Revised Code and in	65125
accordance with the state fire code the fire marshal adopts under	65126
section 3737.82 of the Revised Code, to deny egress to confine and	65127
protect patients or residents of the secured facility who are not	65128
capable of self-preservation. A secured facility that wishes to	65129
deny egress to those patients or residents may use delayed-egress	65130
doors and electronically coded doors to deny egress, on the	65131
condition that those doors are installed and used in accordance	65132
with rules the board of building standards adopts under division	65133
(A) of section 3781.10 of the Revised Code and in accordance with	65134
the state fire code the fire marshal adopts under section 3737.82	65135
of the Revised Code. A secured facility also may install	65136
controlled-egress locks, in compliance with rules the board of	65137
building standards adopts under division (A) of section 3781.10 of	65138
the Revised Code and in compliance with the state fire code the	65139
fire marshal adopts under section 3737.82 of the Revised Code, in	65140
areas of the secured facility where patients or residents who have	65141
physical or mental conditions that would endanger the patients or	65142
residents, the staff attending the patients or residents, or the	65143
general public if those patients or residents are not restricted	65144
in their freedom of movement. A secured facility that uses	65145
delayed-egress doors and electronically coded doors,	65146
controlled-egress locks, or both, shall do both of the following:	65147

(1) Provide continuous, twenty-four-hour custodial care to	65148
the patients or residents of the facility;	65149

(2) Establish a system to evacuate patients or residents in	65150
the event of fire or other emergency.	65151

Sec. 3798.01. As used in this chapter:

65152

(A) "Administrative safeguards," "physical safeguards," and	65153
"technical safeguards" have the same meanings as in 45 C.F.R.	65154
164.304.	65155

(B) "Approved health information exchange" means a health	65156
information exchange that has been approved or reapproved by the	65157
director of job and family services pursuant to the approval or	65158
reapproval process, as applicable, the director establishes in	65159
rules adopted under division (A) of section 3798.15 of the Revised	65160
Code or that has been certified by the office of the national	65161
coordinator for health information technology in the United States	65162
department of health and human services.	65163

(C) "Covered entity," "disclosure," "health care provider,"	65164
"health information," "individually identifiable health	65165
information," "protected health information," and "use" have the	65166
same meanings as in 45 C.F.R. 160.103.	65167

(D) "Designated record set" has the same meaning as in 45	65168
C.F.R. 164.501.	65169

(E) "Direct exchange" means the activity of electronic	65170
transmission of health information through a direct connection	65171
between the electronic record systems of health care providers	65172
without the use of a health information exchange.	65173

(F) "Health care component" and "hybrid entity" have the same	65174
meanings as in 45 C.F.R. 164.103.	65175

(G) "Health information exchange" means any person or	65176
governmental entity that provides in this state a technical	65177
infrastructure to connect computer systems or other electronic	65178
devices used by covered entities to facilitate the secure	65179
transmission of health information. "Health information exchange"	65180
excludes health care providers engaged in direct exchange,	65181
including direct exchange through the use of a health information	65182
service provider.	65183

(H) "HIPAA privacy rule" means the standards for privacy of	65184
individually identifiable health information in 45 C.F.R. part 160	65185
and in 45 C.F.R. part 164, subparts A and E.	65186

(I) "Interoperability" means the capacity of two or more	65187
information systems to exchange information in an accurate,	65188
effective, secure, and consistent manner.	65189

(J) "Minor" means an unemancipated person under eighteen	65190
years of age or a mentally or physically disabled person under	65191
twenty-one years of age who meets criteria specified in rules	65192
adopted by the director of job and family services under section	65193
3798.13 of the Revised Code.	65194

(K) "More stringent" has the same meaning as in 45 C.F.R.	65195
160.202.	65196

(L) "Office of health transformation" means the office of	65197
health transformation created by executive order 2011-02K or a	65198
successor governmental entity responsible for health system	65199
oversight in this state.	65200

(M) "Personal representative" means a person who has	65201
authority under applicable law to make decisions related to health	65202
care on behalf of an adult or emancipated minor, or the parent,	65203
legal guardian, or other person acting in loco parentis who is	65204
authorized under law to make health care decisions on behalf of an	65205
unemancipated minor. "Personal representative" does not include	65206
the parent or legal guardian of, or another person acting in loco	65207
parentis to, a minor who consents to the minor's own receipt of	65208
health care or a minor who makes medical decisions on the minor's	65209
own behalf pursuant to law, court approval, or because the minor's	65210
parent, legal guardian, or other person acting in loco parentis	65211
has assented to an agreement of confidentiality between the	65212
provider and the minor.	65213

(N) "Political subdivision" means a municipal corporation,	65214
township, county, school district, or other body corporate and	65215
politic responsible for governmental activities in a geographic	65216
area smaller than that of the state.	65217

(O) "State agency" means any one or more of the following:

65218

(1) The department of aging;

65219

(2) The department of ~~alcohol and drug addiction services~~	65220
mental health and addiction services;	65221

(3) The department of developmental disabilities;

65222

(4) The department of education;

65223

(5) The department of health;

65224

(6) The department of insurance;

65225

(7) The department of job and family services;

65226

(8) The department of ~~mental health~~medicaid;

65227

(9) The department of rehabilitation and correction;

65228

(10) The department of youth services;

65229

(11) The bureau of workers' compensation;

65230

(12) The rehabilitation services commission;

65231

(13) The office of the attorney general;

65232

(14) A health care licensing board created under Title XLVII	65233
of the Revised Code that possesses individually identifiable	65234
health information.	65235

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	65236
the Revised Code do not apply to the following:	65237

(A) Policies offering coverage that is regulated under	65238
Chapters 3935. and 3937. of the Revised Code;	65239

(B) An employer's self-insurance plan and any of its	65240
administrators, as defined in section 3959.01 of the Revised Code,	65241
to the extent that federal law supersedes, preempts, prohibits, or	65242
otherwise precludes the application of any provisions of those	65243
sections to the plan and its administrators;	65244

(C) A third-party payer for coverage provided under the	65245
medicare advantage program operated under Title XVIII of the	65246
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	65247
amended;	65248

(D) A third-party payer for coverage provided under the	65249
medicaid program ~~operated under Title XIX of the "Social Security~~	65250
~~Act~~," except that if a federal waiver applied for under section	65251
~~5111.178~~5167.25 of the Revised Code is granted or the medicaid	65252
director ~~of job and family services~~ determines that this provision	65253
can be implemented without a waiver, sections 3901.38 and 3901.381	65254
to 3901.3813 of the Revised Code apply to claims submitted	65255
electronically or non-electronically that are made with respect to	65256
coverage of medicaid recipients by health insuring corporations	65257
licensed under Chapter 1751. of the Revised Code, instead of the	65258
prompt payment requirements of 42 C.F.R. 447.46;	65259

(E) A third-party payer for coverage provided under the	65260
tricare program offered by the United States department of	65261
defense.	65262

Sec. 3903.14. (A) The superintendent of insurance as	65263
rehabilitator may appoint one or more special deputies, who shall	65264
have all the powers and responsibilities of the rehabilitator	65265
granted under this section, and the superintendent may employ such	65266
clerks and assistants as considered necessary. The compensation of	65267
the special deputies, clerks, and assistants and all expenses of	65268
taking possession of the insurer and of conducting the proceedings	65269
shall be fixed by the superintendent, with the approval of the	65270
court and shall be paid out of the funds or assets of the insurer.	65271
The persons appointed under this section shall serve at the	65272
pleasure of the superintendent. In the event that the property of	65273
the insurer does not contain sufficient cash or liquid assets to	65274
defray the costs incurred, the superintendent may advance the	65275
costs so incurred out of any appropriation for the maintenance of	65276
the department of insurance. Any amounts so advanced for expenses	65277
of administration shall be repaid to the superintendent for the	65278
use of the department out of the first available money of the	65279
insurer.	65280

(B) The rehabilitator may take such action as the	65281
rehabilitator considers necessary or appropriate to reform and	65282
revitalize the insurer. The rehabilitator shall have all the	65283
powers of the directors, officers, and managers, whose authority	65284
shall be suspended, except as they are redelegated by the	65285
rehabilitator. The rehabilitator shall have full power to direct	65286
and manage, to hire and discharge employees subject to any	65287
contract rights they may have, and to deal with the property and	65288
business of the insurer.	65289

(C) If it appears to the rehabilitator that there has been	65290
criminal or tortious conduct, or breach of any contractual or	65291
fiduciary obligation detrimental to the insurer by any officer,	65292
manager, agent, director, trustee, broker, employee, or other	65293
person, the rehabilitator may pursue all appropriate legal	65294
remedies on behalf of the insurer.	65295

(D) If the rehabilitator determines that reorganization,	65296
consolidation, conversion, reinsurance, merger, or other	65297
transformation of the insurer is appropriate, the rehabilitator	65298
shall prepare a plan to effect such changes. Upon application of	65299
the rehabilitator for approval of the plan, and after such notice	65300
and hearings as the court may prescribe, the court may either	65301
approve or disapprove the plan proposed, or may modify it and	65302
approve it as modified. Any plan approved under this section shall	65303
be, in the judgment of the court, fair and equitable to all	65304
parties concerned. If the plan is approved, the rehabilitator	65305
shall carry out the plan. In the case of a life insurer, the plan	65306
proposed may include the imposition of liens upon the policies of	65307
the company, if all rights of shareholders are first relinquished.	65308
A plan for a life insurer may also propose imposition of a	65309
moratorium upon loan and cash surrender rights under policies, for	65310
such period and to such an extent as may be necessary.	65311

(E) In the case of a medicaid health insuring corporation	65312
that has posted a bond or deposited securities in accordance with	65313
section 1751.271 of the Revised Code, the plan proposed under	65314
division (D) of this section may include the use of the proceeds	65315
of the bond or securities to first pay the claims of contracted	65316
providers for covered health care services provided to medicaid	65317
recipients, then next to pay other claimants with any remaining	65318
funds, consistent with the priorities set forth in sections	65319
3903.421 and 3903.42 of the Revised Code.	65320

(F) The rehabilitator shall have the power under sections	65321
3903.26 and 3903.27 of the Revised Code to avoid fraudulent	65322
transfers.	65323

(G) As used in this section:

65324

(1) "Contracted provider" means a provider with a contract	65325
with a medicaid health insuring corporation to provide covered	65326
health care services to medicaid recipients.	65327

(2) "Medicaid recipient" means a person ~~eligible for~~	65328
~~assistance under~~enrolled in the medicaid program ~~operated~~	65329
~~pursuant to Chapter 5111. of the Revised Code~~.	65330

Sec. 3905.40. There shall be paid to the superintendent of	65331
insurance the following fees:	65332

(A) Each insurance company doing business in this state shall	65333
pay:	65334

(1) For filing a copy of its charter or deed of settlement,	65335
two hundred fifty dollars;	65336

(2) For filing each statement, one hundred seventy-five	65337
dollars;	65338

(3) For each certificate of authority or license, one hundred	65339
seventy-five, and for each certified copy thereof, five dollars;	65340

(4) For each copy of a paper filed in the superintendent's	65341
office, twenty cents per page;	65342

(5) For issuing certificates of deposits or certified copies	65343
thereof, five dollars for the first certificate or copy and one	65344
dollar for each additional certificate or copy;	65345

(6) For issuing certificates of compliance or certified	65346
copies thereof, sixty dollars;	65347

(7) For affixing the seal of office and certifying documents,	65348
other than those enumerated herein, two dollars;	65349

(8) For each agent appointment and each annual renewal of an	65350
agent appointment, not more than twenty dollars;	65351

~~(9) For each termination of an agent appointment, five~~	65352
~~dollars~~.	65353

(B) Each domestic life insurance company doing business in	65354
this state shall pay for annual valuation of its policies, one	65355
cent on every one thousand dollars of insurance.	65356

(C) Each applicant for licensure as an insurance agent except	65357
applicants for licensure as surety bail bond agents, surplus line	65358
brokers, and portable electronics insurance vendors shall pay ten	65359
dollars for each line of authority requested. Fees collected under	65360
this division shall be credited to the department of insurance	65361
operating fund created in section 3901.021 of the Revised Code.	65362

(D) Each domestic mutual life insurance company shall pay for	65363
verifying that any amendment to its articles of incorporation was	65364
regularly adopted, two hundred fifty dollars with each application	65365
for verification. Any such amendment shall be considered to have	65366
been regularly adopted when approved by the affirmative vote of	65367
two-thirds of the policyholders present in person or by proxy at	65368
any annual meeting of policyholders or at a special meeting of	65369
policyholders called for that purpose.	65370

(E) Each insurance agent doing business in this state shall	65371
pay a biennial license renewal fee of twenty-five dollars, except	65372
the following insurance agents are not required to pay that	65373
license renewal fee:	65374

(1) Individual resident agents who have met their continuing	65375
education requirements under section 3905.481 of the Revised Code;	65376

(2) Surety bail bond agents;

65377

(3) Surplus line brokers;

65378

(4) Portable electronics insurance vendors.

65379

(F) Each applicant for licensure as a portable electronics	65380
insurance vendor with a portable electronics insurance limited	65381
lines license and each licensed vendor doing business in this	65382
state shall pay the following fees prescribed by the	65383
superintendent:	65384

(1) For vendors engaged in portable electronic transactions	65385
at more than ten locations in this state, an application fee not	65386
to exceed five thousand dollars for an initial license and a	65387
biennial license renewal fee not to exceed two thousand five	65388
hundred dollars for each renewal thereafter;	65389

(2) For vendors engaged in portable electronic transactions	65390
at ten or fewer locations in this state, an application fee not to	65391
exceed three thousand dollars for an initial license and a	65392
biennial license renewal fee not to exceed one thousand dollars	65393
for each renewal thereafter.	65394

(G) All fees collected by the superintendent under this	65395
section except any fees collected under divisions (A)(2), (3), and	65396
(6) of this section shall be credited to the department of	65397
insurance operating fund created under section 3901.021 of the	65398
Revised Code.	65399

Sec. 3905.483. (A) There is hereby created the insurance	65400
agent education advisory council to advise the superintendent of	65401
insurance in carrying out the duties imposed under sections	65402
3905.04 and 3905.481 to 3905.486 of the Revised Code.	65403

(B) The council shall be composed of the superintendent, or	65404
the superintendent's designee, and twelve members appointed by the	65405
superintendent, as follows:	65406

(1) One representative of the association of Ohio life	65407
insurance companies;	65408

(2) One representative of the independent insurance agents of	65409
Ohio;	65410

(3) One representative of the Ohio association of health	65411
underwriters;	65412

(4) One representative of the national association of	65413
insurance and financial advisors-Ohio;	65414

(5) One representative of the Ohio insurance institute;

65415

(6) One representative of the professional insurance agents	65416
association of Ohio;	65417

(7) One representative of the Ohio land title association;

65418

(8) Two insurance agents each of whom has been licensed	65419
continuously during the five-year period immediately preceding the	65420
agent's appointment;	65421

(9) One representative of an insurance company admitted to	65422
transact business in this state;	65423

(10) Two representatives of consumers, one of whom shall be	65424
at least ~~sixty~~fifty years of age.	65425

(C)(1) Of the initial eleven appointments made by the	65426
superintendent, three shall be for terms ending December 31, 1994,	65427
four shall be for terms ending December 31, 1995, and four shall	65428
be for terms ending December 31, 1996. Thereafter, terms of office	65429
shall be for three years, each term ending on the thirty-first day	65430
of December of the third year.	65431

(2) The initial appointment of the twelfth member made by the	65432
superintendent under division (B)(7) of this section, pursuant to	65433
Am. Sub. S.B. 129 of the 124th general assembly, shall be for a	65434
term ending December 31, 2003. Thereafter, the term of office	65435
shall be for three years, ending on the thirty-first day of	65436
December of the third year.	65437

(D) Each member shall hold office from the date of	65438
appointment until the end of the term for which the member was	65439
appointed. Any member appointed to fill a vacancy occurring prior	65440
to the expiration of the term for which the member's predecessor	65441
was appointed shall hold office for the remainder of such term.	65442
Any member shall continue in office subsequent to the expiration	65443
date of the member's term until the member's successor takes	65444
office, or until a period of sixty days has elapsed, whichever	65445
occurs first. A vacancy shall be filled in the same manner as the	65446
original appointment.	65447

(E) Initial appointments to the council shall be made no	65448
later than thirty days after April 16, 1993. The initial	65449
appointment of the twelfth member to the council under division	65450
(B)(7) of this section, pursuant to Am. Sub. S.B. 129 of the 124th	65451
general assembly, shall be made no later than December 31, 2002.	65452

(F) Any member is eligible for reappointment. The	65453
superintendent, after notice and opportunity for a hearing, may	65454
remove for cause any member the superintendent appoints.	65455

(G) The superintendent or the superintendent's designee shall	65456
serve as chairperson of the council. Meetings shall be held upon	65457
the call of the chairperson and as may be provided by procedures	65458
adopted by the superintendent. Seven members of the council	65459
constitute a quorum.	65460

(H) Each member shall receive mileage and necessary and	65461
actual expenses while engaged in the business of the council.	65462

Sec. 3905.862. Upon the expiration or cancellation of a	65463
surety bail bond agent's appointment, the agent shall not engage	65464
or attempt to engage in any activity requiring such an	65465
appointment. However, an insurer that cancels the appointment of a	65466
surety bail bond agent may authorize the agent to continue to	65467
attempt the arrest and surrender of a defendant for whom a bail	65468
bond had been written prior to the cancellation and to seek	65469
discharge of forfeitures and judgments.	65470

~~An insurer that cancels the appointment of a surety bail bond~~	65471
~~agent or allows that appointment to expire shall pay to the~~	65472
~~superintendent of insurance a fee pursuant to division (A)(9) of~~	65473
~~section 3905.40 of the Revised Code.~~	65474

Sec. 3916.06. (A)(1) With each application for a viatical	65475
settlement, a viatical settlement provider or viatical settlement	65476
broker shall disclose at least the following to a viator no later	65477
than the time all parties sign the application for the viatical	65478
settlement contract:	65479

(a) That there are possible alternatives to viatical	65480
settlement contracts, including any accelerated death benefits	65481
offered under the viator's policy;	65482

(b) That some or all of the proceeds of the viatical	65483
settlement may be subject to federal income taxation and state	65484
franchise and income taxation, and that assistance should be	65485
sought from a professional tax advisor;	65486

(c) That the proceeds of the viatical settlement could be	65487
subject to the claims of creditors;	65488

(d) That receipt of the proceeds of the viatical settlement	65489
may adversely affect the viator's eligibility for ~~medical~~	65490
~~assistance under Chapter 5111. of the Revised Code~~the medicaid	65491
program or other government benefits or entitlements, and that	65492
advice should be obtained from the appropriate government	65493
agencies;	65494

(e) That the viator has a right to rescind the viatical	65495
settlement contract for at least fifteen calendar days after the	65496
viator receives the viatical settlement proceeds, as provided in	65497
section 3916.08 of the Revised Code. If the insured dies during	65498
the rescission period, the viatical settlement contract shall be	65499
deemed to have been rescinded, subject to repayment of all	65500
viatical settlement proceeds to the viatical settlement company.	65501

(f) That funds will be sent to the viator within three	65502
business days after the viatical settlement provider has received	65503
written acknowledgment from the insurer or group administrator	65504
that ownership of the policy or interest in the certificate has	65505
been transferred and that the beneficiary has been designated	65506
pursuant to the viatical settlement contract;	65507

(g) That entering into a viatical settlement contract may	65508
cause other rights or benefits, including conversion rights and	65509
waiver of premium benefits that may exist under the policy, to be	65510
forfeited by the viator and that assistance should be sought from	65511
a financial advisor.	65512

(h) That following execution of the viatical settlement	65513
contract, the viatical settlement provider or the authorized	65514
representative of the viatical settlement provider may contact the	65515
insured for the purpose of determining the insured's health status	65516
and to confirm the insured's residential or business address and	65517
telephone number or for other purposes permitted by law. Any such	65518
contact shall be limited to once in any three-month period if the	65519
insured has a life expectancy of more than one year or to once per	65520
month if the insured has a life expectancy of one year or less.	65521

(2) The viatical settlement provider or viatical settlement	65522
broker shall provide the disclosures under division (A)(1) of this	65523
section in a separate document that is signed by the viator and	65524
the viatical settlement provider or viatical settlement broker.	65525

(3) Disclosure to a viator under division (A)(1) of this	65526
section shall include distribution of a brochure describing the	65527
process of viatical settlements. The viatical settlement provider	65528
or viatical settlement broker shall use the NAIC's form for the	65529
brochure unless another form is developed or approved by the	65530
superintendent.	65531

(4) The disclosure document under division (A)(1) of this	65532
section shall contain the following language:	65533

"All medical, financial, or personal information solicited or	65534
obtained by a viatical settlement provider or viatical settlement	65535
broker about an insured, including the insured's identity or the	65536
identity of family members, a spouse, or a significant other may	65537
be disclosed as necessary to effect the viatical settlement	65538
between the viator and the viatical settlement provider. If you	65539
are asked to provide this information, you will be asked to	65540
consent to the disclosure. The information may be provided to	65541
someone who buys the policy or provides funds for the purchase.	65542
You may be asked to renew your permission to share information	65543
every two years."	65544

(B)(1) A viatical settlement provider shall disclose at least	65545
the following to a viator prior to the date the viatical	65546
settlement contract is signed by all the necessary parties:	65547

(a) The affiliation, if any, between the viatical settlement	65548
provider and the issuer of the policy to be viaticated;	65549

(b) The name, business address, and telephone number of the	65550
viatical settlement provider;	65551

(c) Regarding a viatical settlement broker, the amount and	65552
method of calculating the broker's compensation. As used in this	65553
division, "compensation" includes anything of value paid or given	65554
to a viatical settlement broker for the placement of a policy or	65555
certificate.	65556

(d) Any affiliations or contractual arrangements between the	65557
viatical settlement provider and the viatical settlement broker;	65558

(e) If a policy to be viaticated has been issued as a joint	65559
policy or involves family riders or any coverage of a life other	65560
than the insured under the policy to be viaticated, the possible	65561
loss of coverage on the other lives under the policy and that	65562
advice should be sought from the viator's insurance agent or the	65563
company issuing the policy;	65564

(f) The dollar amount of the current death benefit payable to	65565
the viatical settlement provider under the policy, and, if known,	65566
the availability of any additional guaranteed insurance benefits,	65567
the dollar amount of any accidental death and dismemberment	65568
benefits under the policy, and the extent to which the viator's	65569
interest in those benefits will be transferred as a result of the	65570
viatical settlement contract.	65571

(g) That an escrow agent shall provide escrow services to the	65572
parties pursuant to a written agreement, signed by the viatical	65573
settlement provider, the viatical settlement broker, and the	65574
viator. At the close of escrow, the escrow agent will distribute	65575
the proceeds of the sale to the viator, minus any compensation to	65576
be paid to any other persons who provided services and to whom the	65577
viator has agreed to compensate out of the gross amount offered by	65578
the viatical settlement purchaser. All persons receiving any form	65579
of compensation under the escrow agreement shall be clearly	65580
identified, including name, business address, telephone number,	65581
and tax identification number.	65582

(2) The viatical settlement broker shall disclose at least	65583
the following to a viator prior to the execution of the viatical	65584
settlement contract:	65585

(a) The name, business address, and telephone number of the	65586
viatical settlement broker;	65587

(b) A full, complete, and accurate description of all offers,	65588
counteroffers, acceptances, and rejections relating to the	65589
proposed viatical settlement contract;	65590

(c) Any affiliations or contractual agreements between the	65591
viatical settlement broker and any person making an offer in	65592
connection with the proposed viatical settlement contract;	65593

(d) The amount and method of calculating the viatical	65594
settlement broker's compensation and, if any portion of the	65595
viatical settlement broker's compensation is taken from the	65596
viatical settlement offer, the total amount of the viatical	65597
settlement offer and the viatical settlement broker's compensation	65598
as a percentage of that total. As used in this division,	65599
"compensation" includes anything of value paid or given to a	65600
viatical settlement broker related to the settlement of a policy.	65601

(3) The viatical settlement provider or viatical settlement	65602
broker shall conspicuously display the disclosures required under	65603
divisions (B)(1) and (2) of this section in the viatical	65604
settlement contract or in a separate document signed by the viator	65605
and the viatical settlement provider or viatical settlement	65606
broker, as appropriate.	65607

(C) If the viatical settlement provider transfers ownership	65608
or changes the beneficiary of the policy, the viatical settlement	65609
provider shall communicate in writing the change in ownership or	65610
beneficiary to the insured within twenty days after the change.	65611

Sec. 3923.24. (A) Notwithstanding section 3901.71 of the	65612
Revised Code, every certificate furnished by an insurer in	65613
connection with, or pursuant to any provision of, any group	65614
sickness and accident insurance policy delivered, issued for	65615
delivery, renewed, or used in this state on or after January 1,	65616
1972, every policy of sickness and accident insurance delivered,	65617
issued for delivery, renewed, or used in this state on or after	65618
January 1, 1972, and every multiple employer welfare arrangement	65619
offering an insurance program, which provides that coverage of an	65620
unmarried dependent child of a parent or legal guardian will	65621
terminate upon attainment of the limiting age for dependent	65622
children specified in the contract shall also provide in substance	65623
both of the following:	65624

(1) Once an unmarried child has attained the limiting age for	65625
dependent children, as provided in the policy, upon the request of	65626
the insured, the insurer shall offer to cover the unmarried child	65627
until the child attains twenty-eight years of age if all of the	65628
following are true:	65629

(a) The child is the natural child, stepchild, or adopted	65630
child of the insured.	65631

(b) The child is a resident of this state or a full-time	65632
student at an accredited public or private institution of higher	65633
education.	65634

(c) The child is not employed by an employer that offers any	65635
health benefit plan under which the child is eligible for	65636
coverage.	65637

(d) The child is not eligible for ~~coverage under~~ the medicaid	65638
program ~~established under Chapter 5111. of the Revised Code~~ or the	65639
medicare program ~~established under Title XVIII of the "Social~~	65640
~~Security Act," 42 U.S.C. 1395~~.	65641

(2) That attainment of the limiting age for dependent	65642
children shall not operate to terminate the coverage of a	65643
dependent child if the child is and continues to be both of the	65644
following:	65645

(a) Incapable of self-sustaining employment by reason of	65646
mental retardation or physical handicap;	65647

(b) Primarily dependent upon the policyholder or certificate	65648
holder for support and maintenance.	65649

(B) Proof of such incapacity and dependence for purposes of	65650
division (A)(2) of this section shall be furnished by the	65651
policyholder or by the certificate holder to the insurer within	65652
thirty-one days of the child's attainment of the limiting age.	65653
Upon request, but not more frequently than annually after the	65654
two-year period following the child's attainment of the limiting	65655
age, the insurer may require proof satisfactory to it of the	65656
continuance of such incapacity and dependency.	65657

(C) Nothing in this section shall require an insurer to cover	65658
a dependent child who is mentally retarded or physically	65659
handicapped if the contract is underwritten on evidence of	65660
insurability based on health factors set forth in the application,	65661
or if such dependent child does not satisfy the conditions of the	65662
contract as to any requirement for evidence of insurability or	65663
other provision of the contract, satisfaction of which is required	65664
for coverage thereunder to take effect. In any such case, the	65665
terms of the contract shall apply with regard to the coverage or	65666
exclusion of the dependent from such coverage. Nothing in this	65667
section shall apply to accidental death or dismemberment benefits	65668
provided by any such policy of sickness and accident insurance.	65669

(D) Nothing in this section shall do any of the following:

65670

(1) Require that any policy offer coverage for dependent	65671
children or provide coverage for an unmarried dependent child's	65672
children as dependents on the policy;	65673

(2) Require an employer to pay for any part of the premium	65674
for an unmarried dependent child that has attained the limiting	65675
age for dependents, as provided in the policy;	65676

(3) Require an employer to offer health insurance coverage to	65677
the dependents of any employee.	65678

(E) This section does not apply to any policies or	65679
certificates covering only accident, credit, dental, disability	65680
income, long-term care, hospital indemnity, medicare supplement,	65681
specified disease, or vision care; coverage under a	65682
one-time-limited-duration policy of not longer than six months;	65683
coverage issued as a supplement to liability insurance; insurance	65684
arising out of a workers' compensation or similar law; automobile	65685
medical-payment insurance; or insurance under which benefits are	65686
payable with or without regard to fault and that is statutorily	65687
required to be contained in any liability insurance policy or	65688
equivalent self-insurance.	65689

(F) As used in this section, "health benefit plan" has the	65690
same meaning as in section 3924.01 of the Revised Code and also	65691
includes both of the following:	65692

(1) A public employee benefit plan;

65693

(2) A health benefit plan as regulated under the "Employee	65694
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	65695

Sec. 3923.241. (A) Notwithstanding section 3901.71 of the	65696
Revised Code, any public employee benefit plan that provides that	65697
coverage of an unmarried dependent child will terminate upon	65698
attainment of the limiting age for dependent children specified in	65699
the plan shall also provide in substance both of the following:	65700

(1) Once an unmarried child has attained the limiting age for	65701
dependent children, as provided in the plan, upon the request of	65702
the employee, the public employee benefit plan shall offer to	65703
cover the unmarried child until the child attains twenty-eight	65704
years of age if all of the following are true:	65705

(a) The child is the natural child, stepchild, or adopted	65706
child of the employee.	65707

(b) The child is a resident of this state or a full-time	65708
student at an accredited public or private institution of higher	65709
education.	65710

(c) The child is not employed by an employer that offers any	65711
health benefit plan under which the child is eligible for	65712
coverage.	65713

(d) The child is not eligible for ~~coverage under~~ the medicaid	65714
program ~~established under Chapter 5111. of the Revised Code~~ or the	65715
medicare program ~~established under Title XVIII of the "Social~~	65716
~~Security Act," 42 U.S.C. 1395~~.	65717

(2) That attainment of the limiting age for dependent	65718
children shall not operate to terminate the coverage of a	65719
dependent child if the child is and continues to be both of the	65720
following:	65721

(a) Incapable of self-sustaining employment by reason of	65722
mental retardation or physical handicap;	65723

(b) Primarily dependent upon the plan member for support and	65724
maintenance.	65725

(B) Proof of incapacity and dependence for purposes of	65726
division (A)(2) of this section shall be furnished to the public	65727
employee benefit plan within thirty-one days of the child's	65728
attainment of the limiting age. Upon request, but not more	65729
frequently than annually, the public employee benefit plan may	65730
require proof satisfactory to it of the continuance of such	65731
incapacity and dependency.	65732

65733

(1) Require that any public employee benefit plan offer	65734
coverage for dependent children or provide coverage for an	65735
unmarried dependent child's children as dependents on the public	65736
employee benefit plan;	65737

(2) Require an employer to pay for any part of the premium	65738
for an unmarried dependent child that has attained the limiting	65739
age for dependents, as provided in the plan;	65740

(3) Require an employer to offer health insurance coverage to	65741
the dependents of any employee.	65742

(D) This section does not apply to any public employee	65743
benefit plan covering only accident, credit, dental, disability	65744
income, long-term care, hospital indemnity, medicare supplement,	65745
specified disease, or vision care; coverage under a	65746
one-time-limited-duration policy of not longer than six months;	65747
coverage issued as a supplement to liability insurance; insurance	65748
arising out of a workers' compensation or similar law; automobile	65749
medical-payment insurance; or insurance under which benefits are	65750
payable with or without regard to fault and which is statutorily	65751
required to be contained in any liability insurance policy or	65752
equivalent self-insurance.	65753

(E) As used in this section, "health benefit plan" has the	65754
same meaning as in section 3924.01 of the Revised Code and also	65755
includes both of the following:	65756

(1) A public employee benefit plan;

65757

(2) A health benefit plan as regulated under the "Employee	65758
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	65759

Sec. 3923.281. (A) As used in this section:

65760

(1) "Biologically based mental illness" means schizophrenia,	65761
schizoaffective disorder, major depressive disorder, bipolar	65762
disorder, paranoia and other psychotic disorders,	65763
obsessive-compulsive disorder, and panic disorder, as these terms	65764
are defined in the most recent edition of the diagnostic and	65765
statistical manual of mental disorders published by the American	65766
psychiatric association.	65767

(2) "Policy of sickness and accident insurance" has the same	65768
meaning as in section 3923.01 of the Revised Code, but excludes	65769
any hospital indemnity, medicare supplement, long-term care,	65770
disability income, one-time-limited-duration policy of not longer	65771
than six months, supplemental benefit, or other policy that	65772
provides coverage for specific diseases or accidents only; any	65773
policy that provides coverage for workers' compensation claims	65774
compensable pursuant to Chapters 4121. and 4123. of the Revised	65775
Code; and any policy that provides coverage to ~~beneficiaries~~	65776
~~enrolled in Title XIX of the "Social Security Act," 49 Stat. 620~~	65777
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	65778
~~assistance program or~~ medicaid~~, as provided by the Ohio department~~	65779
~~of job and family services under Chapter 5111. of the Revised Code~~	65780
recipients.	65781

(B) Notwithstanding section 3901.71 of the Revised Code, and	65782
subject to division (E) of this section, every policy of sickness	65783
and accident insurance shall provide benefits for the diagnosis	65784
and treatment of biologically based mental illnesses on the same	65785
terms and conditions as, and shall provide benefits no less	65786
extensive than, those provided under the policy of sickness and	65787
accident insurance for the treatment and diagnosis of all other	65788
physical diseases and disorders, if both of the following apply:	65789

(1) The biologically based mental illness is clinically	65790
diagnosed by a physician authorized under Chapter 4731. of the	65791
Revised Code to practice medicine and surgery or osteopathic	65792
medicine and surgery; a psychologist licensed under Chapter 4732.	65793
of the Revised Code; a professional clinical counselor,	65794
professional counselor, or independent social worker licensed	65795
under Chapter 4757. of the Revised Code; or a clinical nurse	65796
specialist licensed under Chapter 4723. of the Revised Code whose	65797
nursing specialty is mental health.	65798

(2) The prescribed treatment is not experimental or	65799
investigational, having proven its clinical effectiveness in	65800
accordance with generally accepted medical standards.	65801

(C) Division (B) of this section applies to all coverages and	65802
terms and conditions of the policy of sickness and accident	65803
insurance, including, but not limited to, coverage of inpatient	65804
hospital services, outpatient services, and medication; maximum	65805
lifetime benefits; copayments; and individual and family	65806
deductibles.	65807

(D) Nothing in this section shall be construed as prohibiting	65808
a sickness and accident insurance company from taking any of the	65809
following actions:	65810

(1) Negotiating separately with mental health care providers	65811
with regard to reimbursement rates and the delivery of health care	65812
services;	65813

(2) Offering policies that provide benefits solely for the	65814
diagnosis and treatment of biologically based mental illnesses;	65815

(3) Managing the provision of benefits for the diagnosis or	65816
treatment of biologically based mental illnesses through the use	65817
of pre-admission screening, by requiring beneficiaries to obtain	65818
authorization prior to treatment, or through the use of any other	65819
mechanism designed to limit coverage to that treatment determined	65820
to be necessary;	65821

(4) Enforcing the terms and conditions of a policy of	65822
sickness and accident insurance.	65823

(E) An insurer that offers any policy of sickness and	65824
accident insurance is not required to provide benefits for the	65825
diagnosis and treatment of biologically based mental illnesses	65826
pursuant to division (B) of this section if all of the following	65827
apply:	65828

(1) The insurer submits documentation certified by an	65829
independent member of the American academy of actuaries to the	65830
superintendent of insurance showing that incurred claims for	65831
diagnostic and treatment services for biologically based mental	65832
illnesses for a period of at least six months independently caused	65833
the insurer's costs for claims and administrative expenses for the	65834
coverage of all other physical diseases and disorders to increase	65835
by more than one per cent per year.	65836

(2) The insurer submits a signed letter from an independent	65837
member of the American academy of actuaries to the superintendent	65838
of insurance opining that the increase described in division	65839
(E)(1) of this section could reasonably justify an increase of	65840
more than one per cent in the annual premiums or rates charged by	65841
the insurer for the coverage of all other physical diseases and	65842
disorders.	65843

(3) The superintendent of insurance makes the following	65844
determinations from the documentation and opinion submitted	65845
pursuant to divisions (E)(1) and (2) of this section:	65846

(a) Incurred claims for diagnostic and treatment services for	65847
biologically based mental illnesses for a period of at least six	65848
months independently caused the insurer's costs for claims and	65849
administrative expenses for the coverage of all other physical	65850
diseases and disorders to increase by more than one per cent per	65851
year.	65852

(b) The increase in costs reasonably justifies an increase of	65853
more than one per cent in the annual premiums or rates charged by	65854
the insurer for the coverage of all other physical diseases and	65855
disorders.	65856

Any determination made by the superintendent under this	65857
division is subject to Chapter 119. of the Revised Code.	65858

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	65859
negotiate long-term care insurance on or after September 1, 2008,	65860
without completing an initial eight-hour partnership program	65861
training course as described in division (B) of this section.	65862

(2)(a) Any agent that sells, solicits, or negotiates any	65863
long-term care insurance shall complete at least four hours of	65864
continuing education in every twenty-four-month period commencing	65865
on the first day of January of the year immediately following the	65866
year of the issuance of the agent's license.	65867

(b) No agent shall fail to complete the continuing education	65868
requirements in division (A)(2)(a) of this section in the	65869
twenty-four-month period described in that division.	65870

(B) The initial training course and continuing education	65871
required under division (A) of this section may be approved by the	65872
superintendent of insurance as continuing education courses under	65873
sections 3905.481 to 3905.486 of the Revised Code and shall	65874
consist of combined topics related to long-term care insurance,	65875
long-term care services, and state long-term care insurance	65876
partnership programs, including all of the following:	65877

(1) State and federal regulations and requirements and the	65878
relationship between state long-term care insurance partnership	65879
programs and other public and private coverage of long-term care	65880
services, including medicaid;	65881

(2) Available long-term care services and providers;

65882

(3) Changes or improvements in long-term care services or	65883
providers;	65884

(4) Alternatives to the purchase of private long-term care	65885
insurance;	65886

(5) The effect of inflation on benefits and the importance of	65887
inflation protection;	65888

(6) Consumer suitability standards and guidelines;

65889

(7) Any other topics required by the superintendent.

65890

(C) The initial training and continuing education required by	65891
division (A) of this section shall not include training that is	65892
specific to a particular insurer or company product or that	65893
includes any sales or marketing information, materials, or	65894
training other than those required by state or federal law.	65895

(D) A resident agent shall satisfy the training and	65896
continuing education required by division (A) of this section by	65897
completing long-term care courses that are approved by the	65898
superintendent. A nonresident agent may satisfy the training and	65899
continuing education required by division (A) of this section by	65900
completing the training requirements in any other state, provided	65901
that the course is approved for credit by the insurance department	65902
of that state prior to the agent taking the course.	65903

(E) Each insurer shall obtain records of the initial training	65904
and continuing education completed by agents of that insurer	65905
pursuant to division (A) of this section as well as the training	65906
completed by the insurer's agents concerning the distribution of	65907
the insurer's partnership program policies and shall make those	65908
records available to the superintendent upon request.	65909

(F) Each insurer shall maintain records with respect to the	65910
training of its agents concerning the distribution of the	65911
insurer's partnership program policies. Each insurer shall provide	65912
documentation to the superintendent that will allow the	65913
superintendent to provide assurance to the medicaid director of	65914
~~job and family services~~ that agents have received the training	65915
required by this section and that agents have demonstrated an	65916
understanding of the partnership program policies and their	65917
relationship to public and private coverage of long-term care in	65918
this state, including medicaid. The superintendent may audit each	65919
insurer's records annually to verify that the insurer is	65920
maintaining the records required by this division. The	65921
superintendent shall make the records provided to the	65922
superintendent pursuant to division (E) of this section available	65923
to the director.	65924

Sec. 3923.49. The department of insurance shall establish an	65925
outreach program to educate consumers about the following:	65926

(A) The need for long-term care insurance;

65927

(B) Mechanisms for financing long-term care;

65928

65929

(D) The resource protection provided by the Ohio long-term	65930
care insurance program under section ~~5111.18~~5164.86 of the	65931
Revised Code;	65932

(E) That a consumer who purchased a long-term care insurance	65933
policy that does not meet the requirements of section 3923.50 of	65934
the Revised Code may purchase a policy that meets those	65935
requirements.	65936

The department shall develop and make available to consumers	65937
information to assist them in choosing long-term care insurance	65938
coverage.	65939

Sec. 3923.50. For the purposes of the Ohio long-term care	65940
insurance program established under section ~~5111.18~~5164.86 of the	65941
Revised Code, the department of insurance shall notify the	65942
department of ~~job and family services~~medicaid of all long-term	65943
care insurance policies that meet all of the following	65944
requirements:	65945

(A) Comply with sections 3923.41 to 3923.48 of the Revised	65946
Code and the rules adopted under section 3923.47 of the Revised	65947
Code;	65948

(B) Provide benefits for home and community-based services in	65949
addition to nursing home care;	65950

(C) Include case management services in its coverage of home	65951
and community-based services;	65952

(D) Provide five per cent inflation protection compounded	65953
annually;	65954

(E) Provide for the keeping of records and	65955
explanation-of-benefit reports on insurance payments that count	65956
toward resource exclusion for the ~~medical assistance~~medicaid	65957
program;	65958

(F) Provide the information the medicaid director ~~of job and~~	65959
~~family services~~ determines is necessary to document the extent of	65960
resource exclusion and to evaluate the Ohio long-term care	65961
insurance program;	65962

(G) Comply with other requirements established in rules	65963
adopted under this section.	65964

The superintendent of insurance shall adopt rules in	65965
accordance with Chapter 119. of the Revised Code establishing	65966
requirements under division (G) of this section that policies must	65967
meet to qualify under the Ohio long-term care insurance program.	65968
The superintendent shall consult with the departments of aging and	65969
~~job and family services~~medicaid in adopting those rules.	65970

Sec. 3923.601. (A)(1) This section applies to both of the	65971
following:	65972

(a) A sickness and accident insurer that issues or requires	65973
the use of a standardized identification card or an electronic	65974
technology for submission and routing of prescription drug claims	65975
pursuant to a policy, contract, or agreement for health care	65976
services;	65977

(b) A person that a sickness and accident insurer contracts	65978
with to issue a standardized identification card or an electronic	65979
technology described in division (A)(1)(a) of this section.	65980

(2) Notwithstanding division (A)(1) of this section, this	65981
section does not apply to the issuance or required use of a	65982
standardized identification card or an electronic technology for	65983
the submission and routing of prescription drug claims in	65984
connection with any of the following:	65985

(a) Any individual or group policy of sickness and accident	65986
insurance covering only accident, credit, dental, disability	65987
income, long-term care, hospital indemnity, medicare supplement,	65988
medicare, tricare, specified disease, or vision care; coverage	65989
under a one-time-limited-duration policy of not longer than six	65990
months; coverage issued as a supplement to liability insurance;	65991
insurance arising out of workers' compensation or similar law;	65992
automobile medical payment insurance; or insurance under which	65993
benefits are payable with or without regard to fault and which is	65994
statutorily required to be contained in any liability insurance	65995
policy or equivalent self-insurance.	65996

(b) Coverage provided under the medicaid~~, as defined in~~	65997
~~section 5111.01 of the Revised Code~~program.	65998

(c) Coverage provided under an employer's self-insurance plan	65999
or by any of its administrators, as defined in section 3959.01 of	66000
the Revised Code, to the extent that federal law supersedes,	66001
preempts, prohibits, or otherwise precludes the application of	66002
this section to the plan and its administrators.	66003

(B) A standardized identification card or an electronic	66004
technology issued or required to be used as provided in division	66005
(A)(1) of this section shall contain uniform prescription drug	66006
information in accordance with either division (B)(1) or (2) of	66007
this section.	66008

(1) The standardized identification card or the electronic	66009
technology shall be in a format and contain information fields	66010
approved by the national council for prescription drug programs or	66011
a successor organization, as specified in the council's or	66012
successor organization's pharmacy identification card	66013
implementation guide in effect on the first day of October most	66014
immediately preceding the issuance or required use of the	66015
standardized identification card or the electronic technology.	66016

(2) If the insurer or person under contract with the insurer	66017
to issue a standardized identification card or an electronic	66018
technology requires the information for the submission and routing	66019
of a claim, the standardized identification card or the electronic	66020
technology shall contain any of the following information:	66021

(a) The insurer's name;

66022

(b) The insured's name, group number, and identification	66023
number;	66024

(c) A telephone number to inquire about pharmacy-related	66025
issues;	66026

(d) The issuer's international identification number, labeled	66027
as "ANSI BIN" or "RxBIN";	66028

(e) The processor's control number, labeled as "RxPCN";

66029

(f) The insured's pharmacy benefits group number if different	66030
from the insured's medical group number, labeled as "RxGrp."	66031

(C) If the standardized identification card or the electronic	66032
technology issued or required to be used as provided in division	66033
(A)(1) of this section is also used for submission and routing of	66034
nonpharmacy claims, the designation "Rx" is required to be	66035
included as part of the labels identified in divisions (B)(2)(d)	66036
and (e) of this section if the issuer's international	66037
identification number or the processor's control number is	66038
different for medical and pharmacy claims.	66039

(D) Each sickness and accident insurer described in division	66040
(A) of this section shall annually file a certificate with the	66041
superintendent of insurance certifying that it or any person it	66042
contracts with to issue a standardized identification card or	66043
electronic technology for submission and routing of prescription	66044
drug claims complies with this section.	66045

(E)(1) Except as provided in division (E)(2) of this section,	66046
if there is a change in the information contained in the	66047
standardized identification card or the electronic technology	66048
issued to an insured, the insurer or person under contract with	66049
the insurer to issue a standardized identification card or an	66050
electronic technology shall issue a new card or electronic	66051
technology to the insured.	66052

(2) An insurer or person under contract with the insurer is	66053
not required under division (E)(1) of this section to issue a new	66054
card or electronic technology to an insured more than once during	66055
a twelve-month period.	66056

(F) Nothing in this section shall be construed as requiring	66057
an insurer to produce more than one standardized identification	66058
card or one electronic technology for use by insureds accessing	66059
health care benefits provided under a policy of sickness and	66060
accident insurance.	66061

Sec. 3923.83. (A)(1) This section applies to both of the	66062
following:	66063

(a) A public employee benefit plan that issues or requires	66064
the use of a standardized identification card or an electronic	66065
technology for submission and routing of prescription drug claims	66066
pursuant to a policy, contract, or agreement for health care	66067
services;	66068

(b) A person or entity that a public employee benefit plan	66069
contracts with to issue a standardized identification card or an	66070
electronic technology described in division (A)(1)(a) of this	66071
section.	66072

(2) Notwithstanding division (A)(1) of this section, this	66073
section does not apply to the issuance or required use of a	66074
standardized identification card or an electronic technology for	66075
the submission and routing of prescription drug claims in	66076
connection with either of the following:	66077

(a) Any individual or group policy of insurance covering only	66078
accident, credit, dental, disability income, long-term care,	66079
hospital indemnity, medicare supplement, medicare, tricare,	66080
specified disease, or vision care; coverage under a	66081
one-time-limited-duration policy of not longer than six months;	66082
coverage issued as a supplement to liability insurance; insurance	66083
arising out of workers' compensation or similar law; automobile	66084
medical payment insurance; or insurance under which benefits are	66085
payable with or without regard to fault and which is statutorily	66086
required to be contained in any liability insurance policy or	66087
equivalent self-insurance.	66088

(b) Coverage provided under the medicaid~~, as defined in~~	66089
~~section 5111.01 of the Revised Code~~program.	66090

(B) A standardized identification card or an electronic	66091
technology issued or required to be used as provided in division	66092
(A)(1) of this section shall contain uniform prescription drug	66093
information in accordance with either division (B)(1) or (2) of	66094
this section.	66095

(1) The standardized identification card or the electronic	66096
technology shall be in a format and contain information fields	66097
approved by the national council for prescription drug programs or	66098
a successor organization, as specified in the council's or	66099
successor organization's pharmacy identification card	66100
implementation guide in effect on the first day of October most	66101
immediately preceding the issuance or required use of the	66102
standardized identification card or the electronic technology.	66103

(2) If the public employee benefit plan or person under	66104
contract with the plan to issue a standardized identification card	66105
or an electronic technology requires the information for the	66106
submission and routing of a claim, the standardized identification	66107
card or the electronic technology shall contain any of the	66108
following information:	66109

(a) The plan's name;

66110

(b) The insured's name, group number, and identification	66111
number;	66112

(c) A telephone number to inquire about pharmacy-related	66113
issues;	66114

(d) The issuer's international identification number, labeled	66115
as "ANSI BIN" or "RxBIN";	66116

(e) The processor's control number, labeled as "RxPCN";

66117

(f) The insured's pharmacy benefits group number if different	66118
from the insured's medical group number, labeled as "RxGrp."	66119

(C) If the standardized identification card or the electronic	66120
technology issued or required to be used as provided in division	66121
(A)(1) of this section is also used for submission and routing of	66122
nonpharmacy claims, the designation "Rx" is required to be	66123
included as part of the labels identified in divisions (B)(2)(d)	66124
and (e) of this section if the issuer's international	66125
identification number or the processor's control number is	66126
different for medical and pharmacy claims.	66127

(D)(1) Except as provided in division (D)(2) of this section,	66128
if there is a change in the information contained in the	66129
standardized identification card or the electronic technology	66130
issued to an insured, the public employee benefit plan or person	66131
under contract with the plan to issue a standardized	66132
identification card or electronic technology shall issue a new	66133
card or electronic technology to the insured.	66134

(2) A public employee benefit plan or person under contract	66135
with the plan is not required under division (D)(1) of this	66136
section to issue a new card or electronic technology to an insured	66137
more than once during a twelve-month period.	66138

~~(F)~~(E) Nothing in this section shall be construed as	66139
requiring a public employee benefit plan to produce more than one	66140
standardized identification card or one electronic technology for	66141
use by insureds accessing health care benefits provided under a	66142
health benefit plan.	66143

Sec. 3924.41. (A) As used in sections 3924.41 and 3924.42 of	66144
the Revised Code, "health insurer" means any sickness and accident	66145
insurer or health insuring corporation. "Health insurer" also	66146
includes any group health plan as defined in section 607 of the	66147
federal "Employee Retirement Income Security Act of 1974," 88	66148
Stat. 832, 29 U.S.C.A. 1167.	66149

(B) Notwithstanding any other provision of the Revised Code,	66150
no health insurer shall take into consideration the availability	66151
of, or eligibility for, ~~medical assistance~~the medicaid program in	66152
this state ~~under Chapter 5111. of the Revised Code~~ or in any other	66153
state ~~pursuant to Title XIX of the "Social Security Act," 49 Stat.~~	66154
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ when determining an	66155
individual's eligibility for coverage or when making payments to	66156
or on behalf of an enrollee, subscriber, policyholder, or	66157
certificate holder.	66158

Sec. 3924.42. No health insurer shall impose requirements on	66159
the department of ~~job and family services~~medicaid, when it has	66160
been assigned the rights of an individual who is eligible for	66161
~~medical assistance under Chapter 5111. of the Revised Code~~	66162
medicaid and who is covered under a health care policy, contract,	66163
or plan issued by the health insurer, that are different from the	66164
requirements applicable to an agent or assignee of any other	66165
individual so covered.	66166

Sec. 3963.01. As used in this chapter:

66167

(A) "Affiliate" means any person or entity that has ownership	66168
or control of a contracting entity, is owned or controlled by a	66169
contracting entity, or is under common ownership or control with a	66170
contracting entity.	66171

(B) "Basic health care services" has the same meaning as in	66172
division (A) of section 1751.01 of the Revised Code, except that	66173
it does not include any services listed in that division that are	66174
provided by a pharmacist or nursing home.	66175

(C) "Contracting entity" means any person that has a primary	66176
business purpose of contracting with participating providers for	66177
the delivery of health care services.	66178

(D) "Credentialing" means the process of assessing and	66179
validating the qualifications of a provider applying to be	66180
approved by a contracting entity to provide basic health care	66181
services, specialty health care services, or supplemental health	66182
care services to enrollees.	66183

(E) "Edit" means adjusting one or more procedure codes billed	66184
by a participating provider on a claim for payment or a practice	66185
that results in any of the following:	66186

(1) Payment for some, but not all of the procedure codes	66187
originally billed by a participating provider;	66188

(2) Payment for a different procedure code than the procedure	66189
code originally billed by a participating provider;	66190

(3) A reduced payment as a result of services provided to an	66191
enrollee that are claimed under more than one procedure code on	66192
the same service date.	66193

(F) "Electronic claims transport" means to accept and	66194
digitize claims or to accept claims already digitized, to place	66195
those claims into a format that complies with the electronic	66196
transaction standards issued by the United States department of	66197
health and human services pursuant to the "Health Insurance	66198
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	66199
U.S.C. 1320d, et seq., as those electronic standards are	66200
applicable to the parties and as those electronic standards are	66201
updated from time to time, and to electronically transmit those	66202
claims to the appropriate contracting entity, payer, or	66203
third-party administrator.	66204

(G) "Enrollee" means any person eligible for health care	66205
benefits under a health benefit plan, including an eligible	66206
recipient of medicaid ~~under Chapter 5111. of the Revised Code~~, and	66207
includes all of the following terms:	66208

(1) "Enrollee" and "subscriber" as defined by section 1751.01	66209
of the Revised Code;	66210

(2) "Member" as defined by section 1739.01 of the Revised	66211
Code;	66212

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	66213
the Revised Code;	66214

(4) "Beneficiary" as defined by section 3901.38 of the	66215
Revised Code.	66216

(H) "Health care contract" means a contract entered into,	66217
materially amended, or renewed between a contracting entity and a	66218
participating provider for the delivery of basic health care	66219
services, specialty health care services, or supplemental health	66220
care services to enrollees.	66221

(I) "Health care services" means basic health care services,	66222
specialty health care services, and supplemental health care	66223
services.	66224

(J) "Material amendment" means an amendment to a health care	66225
contract that decreases the participating provider's payment or	66226
compensation, changes the administrative procedures in a way that	66227
may reasonably be expected to significantly increase the	66228
provider's administrative expenses, or adds a new product. A	66229
material amendment does not include any of the following:	66230

(1) A decrease in payment or compensation resulting solely	66231
from a change in a published fee schedule upon which the payment	66232
or compensation is based and the date of applicability is clearly	66233
identified in the contract;	66234

(2) A decrease in payment or compensation that was	66235
anticipated under the terms of the contract, if the amount and	66236
date of applicability of the decrease is clearly identified in the	66237
contract;	66238

(3) An administrative change that may significantly increase	66239
the provider's administrative expense, the specific applicability	66240
of which is clearly identified in the contract;	66241

(4) Changes to an existing prior authorization,	66242
precertification, notification, or referral program that do not	66243
substantially increase the provider's administrative expense;	66244

(5) Changes to an edit program or to specific edits if the	66245
participating provider is provided notice of the changes pursuant	66246
to division (A)(1) of section 3963.04 of the Revised Code and the	66247
notice includes information sufficient for the provider to	66248
determine the effect of the change;	66249

(6) Changes to a health care contract described in division	66250
(B) of section 3963.04 of the Revised Code.	66251

(K) "Participating provider" means a provider that has a	66252
health care contract with a contracting entity and is entitled to	66253
reimbursement for health care services rendered to an enrollee	66254
under the health care contract.	66255

(L) "Payer" means any person that assumes the financial risk	66256
for the payment of claims under a health care contract or the	66257
reimbursement for health care services provided to enrollees by	66258
participating providers pursuant to a health care contract.	66259

(M) "Primary enrollee" means a person who is responsible for	66260
making payments for participation in a health care plan or an	66261
enrollee whose employment or other status is the basis of	66262
eligibility for enrollment in a health care plan.	66263

(N) "Procedure codes" includes the American medical	66264
association's current procedural terminology code, the American	66265
dental association's current dental terminology, and the centers	66266
for medicare and medicaid services health care common procedure	66267
coding system.	66268

(O) "Product" means one of the following types of categories	66269
of coverage for which a participating provider may be obligated to	66270
provide health care services pursuant to a health care contract:	66271

(1) A health maintenance organization or other product	66272
provided by a health insuring corporation;	66273

(2) A preferred provider organization;

66274

(3) Medicare;

66275

(4) Medicaid;

66276

(5) Workers' compensation.

66277

(P) "Provider" means a physician, podiatrist, dentist,	66278
chiropractor, optometrist, psychologist, physician assistant,	66279
advanced practice registered nurse, occupational therapist,	66280
massage therapist, physical therapist, professional counselor,	66281
professional clinical counselor, hearing aid dealer, orthotist,	66282
prosthetist, home health agency, hospice care program, pediatric	66283
respite care program, or hospital, or a provider organization or	66284
physician-hospital organization that is acting exclusively as an	66285
administrator on behalf of a provider to facilitate the provider's	66286
participation in health care contracts. "Provider" does not mean a	66287
pharmacist, pharmacy, nursing home, or a provider organization or	66288
physician-hospital organization that leases the provider	66289
organization's or physician-hospital organization's network to a	66290
third party or contracts directly with employers or health and	66291
welfare funds.	66292

(Q) "Specialty health care services" has the same meaning as	66293
in section 1751.01 of the Revised Code, except that it does not	66294
include any services listed in division (B) of section 1751.01 of	66295
the Revised Code that are provided by a pharmacist or a nursing	66296
home.	66297

(R) "Supplemental health care services" has the same meaning	66298
as in division (B) of section 1751.01 of the Revised Code, except	66299
that it does not include any services listed in that division that	66300
are provided by a pharmacist or nursing home.	66301

Sec. 3963.04. (A)(1) If an amendment to a health care	66302
contract is not a material amendment, the contracting entity shall	66303
provide the participating provider notice of the amendment at	66304
least fifteen days prior to the effective date of the amendment.	66305
The contracting entity shall provide all other notices to the	66306
participating provider pursuant to the health care contract.	66307

(2) A material amendment to a health care contract shall	66308
occur only if the contracting entity provides to the participating	66309
provider the material amendment in writing and notice of the	66310
material amendment not later than ninety days prior to the	66311
effective date of the material amendment. The notice shall be	66312
conspicuously entitled "Notice of Material Amendment to Contract."	66313

(3) If within fifteen days after receiving the material	66314
amendment and notice described in division (A)(2) of this section,	66315
the participating provider objects in writing to the material	66316
amendment, and there is no resolution of the objection, either	66317
party may terminate the health care contract upon written notice	66318
of termination provided to the other party not later than sixty	66319
days prior to the effective date of the material amendment.	66320

(4) If the participating provider does not object to the	66321
material amendment in the manner described in division (A)(3) of	66322
this section, the material amendment shall be effective as	66323
specified in the notice described in division (A)(2) of this	66324
section.	66325

(B)(1) Division (A) of this section does not apply if the	66326
delay caused by compliance with that division could result in	66327
imminent harm to an enrollee, if the material amendment of a	66328
health care contract is required by state or federal law, rule, or	66329
regulation, or if the provider affirmatively accepts the material	66330
amendment in writing and agrees to an earlier effective date than	66331
otherwise required by division (A)(2) of this section.	66332

(2) This section does not apply under any of the following	66333
circumstances:	66334

(a) The participating provider's payment or compensation is	66335
based on the current medicaid or medicare physician fee schedule,	66336
and the change in payment or compensation results solely from a	66337
change in that physician fee schedule.	66338

(b) A routine change or update of the health care contract is	66339
made in response to any addition, deletion, or revision of any	66340
service code, procedure code, or reporting code, or a pricing	66341
change is made by any third party source.	66342

For purposes of division (B)(2)(b) of this section:

66343

(i) "Service code, procedure code, or reporting code" means	66344
the current procedural terminology (CPT), current dental	66345
terminology (CDT), the healthcare common procedure coding system	66346
(HCPCS), the international classification of diseases (ICD), or	66347
the drug topics redbook average wholesale price (AWP).	66348

(ii) "Third party source" means the American medical	66349
association, American dental association, the centers for medicare	66350
and medicaid services, the national center for health statistics,	66351
the department of health and human services office of the	66352
inspector general, the Ohio department of insurance, or the Ohio	66353
department of ~~job and family services~~medicaid.	66354

(C) Notwithstanding divisions (A) and (B) of this section, a	66355
health care contract may be amended by operation of law as	66356
required by any applicable state or federal law, rule, or	66357
regulation. Nothing in this section shall be construed to require	66358
the renegotiation of a health care contract that is in existence	66359
before ~~the effective date of this section~~June 25, 2008, until the	66360
time that the contract is renewed or materially amended.	66361

Sec. 4104.33. There is hereby created the historical boilers	66362
licensing board consisting of seven members, three of whom shall	66363
be appointed by the governor with the advice and consent of the	66364
senate. The governor shall make initial appointments to the board	66365
within ninety days after October 24, 2002. Of the initial members	66366
appointed by the governor, one shall be for a term ending three	66367
years after October 24, 2002, one shall be for a term ending four	66368
years after October 24, 2002, and one shall be for a term ending	66369
five years after October 24, 2002. Thereafter, terms of office	66370
shall be for five years, each term ending on the same day of the	66371
same month of the year as did the term that it succeeds. Of the	66372
three members the governor appoints, one member shall be an	66373
employee of the division of boiler inspection in the department of	66374
commerce; one member shall be an independent mechanical engineer	66375
who is not involved in selling or inspecting historical boilers;	66376
and one shall be an active member of an association that	66377
represents managers of fairs or festivals.	66378

Two members of the board shall be appointed by the president	66379
of the senate and two members of the board shall be appointed by	66380
the speaker of the house of representatives. The president and	66381
speaker shall make initial appointments to the board within ninety	66382
days after October 24, 2002. Of the initial members appointed by	66383
the president, one shall be for a term ending four years after	66384
October 24, 2002 and one shall be for a term ending five years	66385
after October 24, 2002. Of the initial members appointed by the	66386
speaker, one shall be for a term ending three years after October	66387
24, 2002 and one shall be for a term ending five years after	66388
October 24, 2002. Thereafter, terms of office shall be for five	66389
years, each term ending on the same day of the same month of the	66390
year as did the term that it succeeds. Of the four members	66391
appointed by the president and speaker, each shall own a	66392
historical boiler and also have at least ten years of experience	66393
in the operation of historical boilers, and each of these four	66394
members shall reside in a different region of the state.	66395

Each member shall hold office from the date of the member's	66396
appointment until the end of the term for which the member was	66397
appointed. Members may be reappointed. Vacancies shall be filled	66398
~~in the manner provided for initial appointments~~by the director of	66399
commerce, and shall not require the advice and consent of the	66400
senate. Any member appointed to fill a vacancy occurring prior to	66401
the expiration date of the term for which the member's predecessor	66402
was appointed shall hold office as a member for the remainder of	66403
that term. A member shall continue in office subsequent to the	66404
expiration date of the member's term until the successor takes	66405
office or until a period of sixty days has elapsed, whichever	66406
occurs first.	66407

The members of the board, annually, shall elect, by majority	66408
vote, a chairperson from among their members. The board shall meet	66409
at least once annually and at other times at the call of the	66410
chairperson. Board members shall receive their actual and	66411
necessary expenses incurred in the discharge of their duties as	66412
board members.	66413

The superintendent of industrial compliance shall furnish	66414
office space, staff, and supplies to the board as the	66415
superintendent determines are necessary for the board to carry out	66416
its official duties under sections 4104.33 to 4104.37 of the	66417
Revised Code.	66418

Sec. 4112.01. (A) As used in this chapter:

66419

(1) "Person" includes one or more individuals, partnerships,	66420
associations, organizations, corporations, legal representatives,	66421
trustees, trustees in bankruptcy, receivers, and other organized	66422
groups of persons. "Person" also includes, but is not limited to,	66423
any owner, lessor, assignor, builder, manager, broker,	66424
salesperson, appraiser, agent, employee, lending institution, and	66425
the state and all political subdivisions, authorities, agencies,	66426
boards, and commissions of the state.	66427

(2) "Employer" includes the state, any political subdivision	66428
of the state, any person employing four or more persons within the	66429
state, and any person acting directly or indirectly in the	66430
interest of an employer, but shall not include a religious	66431
corporation, association, educational institution, or society with	66432
respect to the employment of individuals of a particular religion	66433
to perform work connected with the carrying on by such	66434
corporation, association, educational institution, or society.	66435

(3) "Employee" means an individual employed by any employer	66436
but does not include any individual employed in the domestic	66437
service of any person.	66438

(4) "Labor organization" includes any organization that	66439
exists, in whole or in part, for the purpose of collective	66440
bargaining or of dealing with employers concerning grievances,	66441
terms or conditions of employment, or other mutual aid or	66442
protection in relation to employment.	66443

(5) "Employment agency" includes any person regularly	66444
undertaking, with or without compensation, to procure	66445
opportunities to work or to procure, recruit, refer, or place	66446
employees.	66447

(6) "Commission" means the Ohio civil rights commission	66448
created by section 4112.03 of the Revised Code.	66449

(7) "Discriminate" includes segregate or separate.

66450

(8) "Unlawful discriminatory practice" means any act	66451
prohibited by section 4112.02, 4112.021, or 4112.022 of the	66452
Revised Code.	66453

(9) "Place of public accommodation" means any inn,	66454
restaurant, eating house, barbershop, public conveyance by air,	66455
land, or water, theater, store, other place for the sale of	66456
merchandise, or any other place of public accommodation or	66457
amusement of which the accommodations, advantages, facilities, or	66458
privileges are available to the public.	66459

(10) "Housing accommodations" includes any building or	66460
structure, or portion of a building or structure, that is used or	66461
occupied or is intended, arranged, or designed to be used or	66462
occupied as the home residence, dwelling, dwelling unit, or	66463
sleeping place of one or more individuals, groups, or families	66464
whether or not living independently of each other; and any vacant	66465
land offered for sale or lease. "Housing accommodations" also	66466
includes any housing accommodations held or offered for sale or	66467
rent by a real estate broker, salesperson, or agent, by any other	66468
person pursuant to authorization of the owner, by the owner, or by	66469
the owner's legal representative.	66470

(11) "Restrictive covenant" means any specification limiting	66471
the transfer, rental, lease, or other use of any housing	66472
accommodations because of race, color, religion, sex, military	66473
status, familial status, national origin, disability, or ancestry,	66474
or any limitation based upon affiliation with or approval by any	66475
person, directly or indirectly, employing race, color, religion,	66476
sex, military status, familial status, national origin,	66477
disability, or ancestry as a condition of affiliation or approval.	66478

(12) "Burial lot" means any lot for the burial of deceased	66479
persons within any public burial ground or cemetery, including,	66480
but not limited to, cemeteries owned and operated by municipal	66481
corporations, townships, or companies or associations incorporated	66482
for cemetery purposes.	66483

(13) "Disability" means a physical or mental impairment that	66484
substantially limits one or more major life activities, including	66485
the functions of caring for one's self, performing manual tasks,	66486
walking, seeing, hearing, speaking, breathing, learning, and	66487
working; a record of a physical or mental impairment; or being	66488
regarded as having a physical or mental impairment.	66489

(14) Except as otherwise provided in section 4112.021 of the	66490
Revised Code, "age" means at least forty years old.	66491

(15) "Familial status" means either of the following:

66492

(a) One or more individuals who are under eighteen years of	66493
age and who are domiciled with a parent or guardian having legal	66494
custody of the individual or domiciled, with the written	66495
permission of the parent or guardian having legal custody, with a	66496
designee of the parent or guardian;	66497

(b) Any person who is pregnant or in the process of securing	66498
legal custody of any individual who is under eighteen years of	66499
age.	66500

(16)(a) Except as provided in division (A)(16)(b) of this	66501
section, "physical or mental impairment" includes any of the	66502
following:	66503

(i) Any physiological disorder or condition, cosmetic	66504
disfigurement, or anatomical loss affecting one or more of the	66505
following body systems: neurological; musculoskeletal; special	66506
sense organs; respiratory, including speech organs;	66507
cardiovascular; reproductive; digestive; genito-urinary; hemic and	66508
lymphatic; skin; and endocrine;	66509

(ii) Any mental or psychological disorder, including, but not	66510
limited to, mental retardation, organic brain syndrome, emotional	66511
or mental illness, and specific learning disabilities;	66512

(iii) Diseases and conditions, including, but not limited to,	66513
orthopedic, visual, speech, and hearing impairments, cerebral	66514
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,	66515
cancer, heart disease, diabetes, human immunodeficiency virus	66516
infection, mental retardation, emotional illness, drug addiction,	66517
and alcoholism.	66518

(b) "Physical or mental impairment" does not include any of	66519
the following:	66520

(i) Homosexuality and bisexuality;

66521

(ii) Transvestism, transsexualism, pedophilia, exhibitionism,	66522
voyeurism, gender identity disorders not resulting from physical	66523
impairments, or other sexual behavior disorders;	66524

(iii) Compulsive gambling, kleptomania, or pyromania;

66525

(iv) Psychoactive substance use disorders resulting from the	66526
current illegal use of a controlled substance or the current use	66527
of alcoholic beverages.	66528

(17) "Dwelling unit" means a single unit of residence for a	66529
family of one or more persons.	66530

(18) "Common use areas" means rooms, spaces, or elements	66531
inside or outside a building that are made available for the use	66532
of residents of the building or their guests, and includes, but is	66533
not limited to, hallways, lounges, lobbies, laundry rooms, refuse	66534
rooms, mail rooms, recreational areas, and passageways among and	66535
between buildings.	66536

(19) "Public use areas" means interior or exterior rooms or	66537
spaces of a privately or publicly owned building that are made	66538
available to the general public.	66539

(20) "Controlled substance" has the same meaning as in	66540
section 3719.01 of the Revised Code.	66541

(21) "Disabled tenant" means a tenant or prospective tenant	66542
who is a person with a disability.	66543

(22) "Military status" means a person's status in "service in	66544
the uniformed services" as defined in section 5923.05 of the	66545
Revised Code.	66546

(23) "Aggrieved person" includes both of the following:

66547

(a) Any person who claims to have been injured by any	66548
unlawful discriminatory practice described in division (H) of	66549
section 4112.02 of the Revised Code;	66550

(b) Any person who believes that the person will be injured	66551
by, any unlawful discriminatory practice described in division (H)	66552
of section 4112.02 of the Revised Code that is about to occur.	66553

(B) For the purposes of divisions (A) to (F) of section	66554
4112.02 of the Revised Code, the terms "because of sex" and "on	66555
the basis of sex" include, but are not limited to, because of or	66556
on the basis of pregnancy, any illness arising out of and	66557
occurring during the course of a pregnancy, childbirth, or related	66558
medical conditions. Women affected by pregnancy, childbirth, or	66559
related medical conditions shall be treated the same for all	66560
employment-related purposes, including receipt of benefits under	66561
fringe benefit programs, as other persons not so affected but	66562
similar in their ability or inability to work, and nothing in	66563
division (B) of section 4111.17 of the Revised Code shall be	66564
interpreted to permit otherwise. This division shall not be	66565
construed to require an employer to pay for health insurance	66566
benefits for abortion, except where the life of the mother would	66567
be endangered if the fetus were carried to term or except where	66568
medical complications have arisen from the abortion, provided that	66569
nothing in this division precludes an employer from providing	66570
abortion benefits or otherwise affects bargaining agreements in	66571
regard to abortion.	66572

Sec. 4112.02. It shall be an unlawful discriminatory	66573
practice:	66574

(A) For any employer, because of the race, color, religion,	66575
sex, military status, national origin, disability, age, or	66576
ancestry of any person, to discharge without just cause, to refuse	66577
to hire, or otherwise to discriminate against that person with	66578
respect to hire, tenure, terms, conditions, or privileges of	66579
employment, or any matter directly or indirectly related to	66580
employment.	66581

(B) For an employment agency or personnel placement service,	66582
because of race, color, religion, sex, military status, national	66583
origin, disability, age, or ancestry, to do any of the following:	66584

(1) Refuse or fail to accept, register, classify properly, or	66585
refer for employment, or otherwise discriminate against any	66586
person;	66587

(2) Comply with a request from an employer for referral of	66588
applicants for employment if the request directly or indirectly	66589
indicates that the employer fails to comply with the provisions of	66590
sections 4112.01 to 4112.07 of the Revised Code.	66591

66592

(1) Limit or classify its membership on the basis of race,	66593
color, religion, sex, military status, national origin,	66594
disability, age, or ancestry;	66595

(2) Discriminate against, limit the employment opportunities	66596
of, or otherwise adversely affect the employment status, wages,	66597
hours, or employment conditions of any person as an employee	66598
because of race, color, religion, sex, military status, national	66599
origin, disability, age, or ancestry.	66600

(D) For any employer, labor organization, or joint	66601
labor-management committee controlling apprentice training	66602
programs to discriminate against any person because of race,	66603
color, religion, sex, military status, national origin,	66604
disability, or ancestry in admission to, or employment in, any	66605
program established to provide apprentice training.	66606

(E) Except where based on a bona fide occupational	66607
qualification certified in advance by the commission, for any	66608
employer, employment agency, personnel placement service, or labor	66609
organization, prior to employment or admission to membership, to	66610
do any of the following:	66611

(1) Elicit or attempt to elicit any information concerning	66612
the race, color, religion, sex, military status, national origin,	66613
disability, age, or ancestry of an applicant for employment or	66614
membership;	66615

(2) Make or keep a record of the race, color, religion, sex,	66616
military status, national origin, disability, age, or ancestry of	66617
any applicant for employment or membership;	66618

(3) Use any form of application for employment, or personnel	66619
or membership blank, seeking to elicit information regarding race,	66620
color, religion, sex, military status, national origin,	66621
disability, age, or ancestry; but an employer holding a contract	66622
containing a nondiscrimination clause with the government of the	66623
United States, or any department or agency of that government, may	66624
require an employee or applicant for employment to furnish	66625
documentary proof of United States citizenship and may retain that	66626
proof in the employer's personnel records and may use photographic	66627
or fingerprint identification for security purposes;	66628

(4) Print or publish or cause to be printed or published any	66629
notice or advertisement relating to employment or membership	66630
indicating any preference, limitation, specification, or	66631
discrimination, based upon race, color, religion, sex, military	66632
status, national origin, disability, age, or ancestry;	66633

(5) Announce or follow a policy of denying or limiting,	66634
through a quota system or otherwise, employment or membership	66635
opportunities of any group because of the race, color, religion,	66636
sex, military status, national origin, disability, age, or	66637
ancestry of that group;	66638

(6) Utilize in the recruitment or hiring of persons any	66639
employment agency, personnel placement service, training school or	66640
center, labor organization, or any other employee-referring source	66641
known to discriminate against persons because of their race,	66642
color, religion, sex, military status, national origin,	66643
disability, age, or ancestry.	66644

(F) For any person seeking employment to publish or cause to	66645
be published any advertisement that specifies or in any manner	66646
indicates that person's race, color, religion, sex, military	66647
status, national origin, disability, age, or ancestry, or	66648
expresses a limitation or preference as to the race, color,	66649
religion, sex, military status, national origin, disability, age,	66650
or ancestry of any prospective employer.	66651

(G) For any proprietor or any employee, keeper, or manager of	66652
a place of public accommodation to deny to any person, except for	66653
reasons applicable alike to all persons regardless of race, color,	66654
religion, sex, military status, national origin, disability, age,	66655
or ancestry, the full enjoyment of the accommodations, advantages,	66656
facilities, or privileges of the place of public accommodation.	66657

(H) For any person to do any of the following:

66658

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	66659
or finance housing accommodations, refuse to negotiate for the	66660
sale or rental of housing accommodations, or otherwise deny or	66661
make unavailable housing accommodations because of race, color,	66662
religion, sex, military status, familial status, ancestry,	66663
disability, or national origin;	66664

(2) Represent to any person that housing accommodations are	66665
not available for inspection, sale, or rental, when in fact they	66666
are available, because of race, color, religion, sex, military	66667
status, familial status, ancestry, disability, or national origin;	66668

(3) Discriminate against any person in the making or	66669
purchasing of loans or the provision of other financial assistance	66670
for the acquisition, construction, rehabilitation, repair, or	66671
maintenance of housing accommodations, or any person in the making	66672
or purchasing of loans or the provision of other financial	66673
assistance that is secured by residential real estate, because of	66674
race, color, religion, sex, military status, familial status,	66675
ancestry, disability, or national origin or because of the racial	66676
composition of the neighborhood in which the housing	66677
accommodations are located, provided that the person, whether an	66678
individual, corporation, or association of any type, lends money	66679
as one of the principal aspects or incident to the person's	66680
principal business and not only as a part of the purchase price of	66681
an owner-occupied residence the person is selling nor merely	66682
casually or occasionally to a relative or friend;	66683

(4) Discriminate against any person in the terms or	66684
conditions of selling, transferring, assigning, renting, leasing,	66685
or subleasing any housing accommodations or in furnishing	66686
facilities, services, or privileges in connection with the	66687
ownership, occupancy, or use of any housing accommodations,	66688
including the sale of fire, extended coverage, or homeowners	66689
insurance, because of race, color, religion, sex, military status,	66690
familial status, ancestry, disability, or national origin or	66691
because of the racial composition of the neighborhood in which the	66692
housing accommodations are located;	66693

(5) Discriminate against any person in the terms or	66694
conditions of any loan of money, whether or not secured by	66695
mortgage or otherwise, for the acquisition, construction,	66696
rehabilitation, repair, or maintenance of housing accommodations	66697
because of race, color, religion, sex, military status, familial	66698
status, ancestry, disability, or national origin or because of the	66699
racial composition of the neighborhood in which the housing	66700
accommodations are located;	66701

(6) Refuse to consider without prejudice the combined income	66702
of both husband and wife for the purpose of extending mortgage	66703
credit to a married couple or either member of a married couple;	66704

(7) Print, publish, or circulate any statement or	66705
advertisement, or make or cause to be made any statement or	66706
advertisement, relating to the sale, transfer, assignment, rental,	66707
lease, sublease, or acquisition of any housing accommodations, or	66708
relating to the loan of money, whether or not secured by mortgage	66709
or otherwise, for the acquisition, construction, rehabilitation,	66710
repair, or maintenance of housing accommodations, that indicates	66711
any preference, limitation, specification, or discrimination based	66712
upon race, color, religion, sex, military status, familial status,	66713
ancestry, disability, or national origin, or an intention to make	66714
any such preference, limitation, specification, or discrimination;	66715

(8) Except as otherwise provided in division (H)(8) or (17)	66716
of this section, make any inquiry, elicit any information, make or	66717
keep any record, or use any form of application containing	66718
questions or entries concerning race, color, religion, sex,	66719
military status, familial status, ancestry, disability, or	66720
national origin in connection with the sale or lease of any	66721
housing accommodations or the loan of any money, whether or not	66722
secured by mortgage or otherwise, for the acquisition,	66723
construction, rehabilitation, repair, or maintenance of housing	66724
accommodations. Any person may make inquiries, and make and keep	66725
records, concerning race, color, religion, sex, military status,	66726
familial status, ancestry, disability, or national origin for the	66727
purpose of monitoring compliance with this chapter.	66728

(9) Include in any transfer, rental, or lease of housing	66729
accommodations any restrictive covenant, or honor or exercise, or	66730
attempt to honor or exercise, any restrictive covenant;	66731

(10) Induce or solicit, or attempt to induce or solicit, a	66732
housing accommodations listing, sale, or transaction by	66733
representing that a change has occurred or may occur with respect	66734
to the racial, religious, sexual, military status, familial	66735
status, or ethnic composition of the block, neighborhood, or other	66736
area in which the housing accommodations are located, or induce or	66737
solicit, or attempt to induce or solicit, a housing accommodations	66738
listing, sale, or transaction by representing that the presence or	66739
anticipated presence of persons of any race, color, religion, sex,	66740
military status, familial status, ancestry, disability, or	66741
national origin, in the block, neighborhood, or other area will or	66742
may have results including, but not limited to, the following:	66743

(a) The lowering of property values;

66744

(b) A change in the racial, religious, sexual, military	66745
status, familial status, or ethnic composition of the block,	66746
neighborhood, or other area;	66747

(c) An increase in criminal or antisocial behavior in the	66748
block, neighborhood, or other area;	66749

(d) A decline in the quality of the schools serving the	66750
block, neighborhood, or other area.	66751

(11) Deny any person access to or membership or participation	66752
in any multiple-listing service, real estate brokers'	66753
organization, or other service, organization, or facility relating	66754
to the business of selling or renting housing accommodations, or	66755
discriminate against any person in the terms or conditions of that	66756
access, membership, or participation, on account of race, color,	66757
religion, sex, military status, familial status, national origin,	66758
disability, or ancestry;	66759

(12) Coerce, intimidate, threaten, or interfere with any	66760
person in the exercise or enjoyment of, or on account of that	66761
person's having exercised or enjoyed or having aided or encouraged	66762
any other person in the exercise or enjoyment of, any right	66763
granted or protected by division (H) of this section;	66764

(13) Discourage or attempt to discourage the purchase by a	66765
prospective purchaser of housing accommodations, by representing	66766
that any block, neighborhood, or other area has undergone or might	66767
undergo a change with respect to its religious, racial, sexual,	66768
military status, familial status, or ethnic composition;	66769

(14) Refuse to sell, transfer, assign, rent, lease, sublease,	66770
or finance, or otherwise deny or withhold, a burial lot from any	66771
person because of the race, color, sex, military status, familial	66772
status, age, ancestry, disability, or national origin of any	66773
prospective owner or user of the lot;	66774

(15) Discriminate in the sale or rental of, or otherwise make	66775
unavailable or deny, housing accommodations to any buyer or renter	66776
because of a disability of any of the following:	66777

(a) The buyer or renter;

66778

(b) A person residing in or intending to reside in the	66779
housing accommodations after they are sold, rented, or made	66780
available;	66781

(c) Any individual associated with the person described in	66782
division (H)(15)(b) of this section.	66783

(16) Discriminate in the terms, conditions, or privileges of	66784
the sale or rental of housing accommodations to any person or in	66785
the provision of services or facilities to any person in	66786
connection with the housing accommodations because of a disability	66787
of any of the following:	66788

(a) That person;

66789

(b) A person residing in or intending to reside in the	66790
housing accommodations after they are sold, rented, or made	66791
available;	66792

(c) Any individual associated with the person described in	66793
division (H)(16)(b) of this section.	66794

(17) Except as otherwise provided in division (H)(17) of this	66795
section, make an inquiry to determine whether an applicant for the	66796
sale or rental of housing accommodations, a person residing in or	66797
intending to reside in the housing accommodations after they are	66798
sold, rented, or made available, or any individual associated with	66799
that person has a disability, or make an inquiry to determine the	66800
nature or severity of a disability of the applicant or such a	66801
person or individual. The following inquiries may be made of all	66802
applicants for the sale or rental of housing accommodations,	66803
regardless of whether they have disabilities:	66804

(a) An inquiry into an applicant's ability to meet the	66805
requirements of ownership or tenancy;	66806

(b) An inquiry to determine whether an applicant is qualified	66807
for housing accommodations available only to persons with	66808
disabilities or persons with a particular type of disability;	66809

(c) An inquiry to determine whether an applicant is qualified	66810
for a priority available to persons with disabilities or persons	66811
with a particular type of disability;	66812

(d) An inquiry to determine whether an applicant currently	66813
uses a controlled substance in violation of section 2925.11 of the	66814
Revised Code or a substantively comparable municipal ordinance;	66815

(e) An inquiry to determine whether an applicant at any time	66816
has been convicted of or pleaded guilty to any offense, an element	66817
of which is the illegal sale, offer to sell, cultivation,	66818
manufacture, other production, shipment, transportation, delivery,	66819
or other distribution of a controlled substance.	66820

(18)(a) Refuse to permit, at the expense of a person with a	66821
disability, reasonable modifications of existing housing	66822
accommodations that are occupied or to be occupied by the person	66823
with a disability, if the modifications may be necessary to afford	66824
the person with a disability full enjoyment of the housing	66825
accommodations. This division does not preclude a landlord of	66826
housing accommodations that are rented or to be rented to a	66827
disabled tenant from conditioning permission for a proposed	66828
modification upon the disabled tenant's doing one or more of the	66829
following:	66830

(i) Providing a reasonable description of the proposed	66831
modification and reasonable assurances that the proposed	66832
modification will be made in a workerlike manner and that any	66833
required building permits will be obtained prior to the	66834
commencement of the proposed modification;	66835

(ii) Agreeing to restore at the end of the tenancy the	66836
interior of the housing accommodations to the condition they were	66837
in prior to the proposed modification, but subject to reasonable	66838
wear and tear during the period of occupancy, if it is reasonable	66839
for the landlord to condition permission for the proposed	66840
modification upon the agreement;	66841

(iii) Paying into an interest-bearing escrow account that is	66842
in the landlord's name, over a reasonable period of time, a	66843
reasonable amount of money not to exceed the projected costs at	66844
the end of the tenancy of the restoration of the interior of the	66845
housing accommodations to the condition they were in prior to the	66846
proposed modification, but subject to reasonable wear and tear	66847
during the period of occupancy, if the landlord finds the account	66848
reasonably necessary to ensure the availability of funds for the	66849
restoration work. The interest earned in connection with an escrow	66850
account described in this division shall accrue to the benefit of	66851
the disabled tenant who makes payments into the account.	66852

(b) A landlord shall not condition permission for a proposed	66853
modification upon a disabled tenant's payment of a security	66854
deposit that exceeds the customarily required security deposit of	66855
all tenants of the particular housing accommodations.	66856

(19) Refuse to make reasonable accommodations in rules,	66857
policies, practices, or services when necessary to afford a person	66858
with a disability equal opportunity to use and enjoy a dwelling	66859
unit, including associated public and common use areas;	66860

(20) Fail to comply with the standards and rules adopted	66861
under division (A) of section 3781.111 of the Revised Code;	66862

(21) Discriminate against any person in the selling,	66863
brokering, or appraising of real property because of race, color,	66864
religion, sex, military status, familial status, ancestry,	66865
disability, or national origin;	66866

(22) Fail to design and construct covered multifamily	66867
dwellings for first occupancy on or after June 30, 1992, in	66868
accordance with the following conditions:	66869

(a) The dwellings shall have at least one building entrance	66870
on an accessible route, unless it is impractical to do so because	66871
of the terrain or unusual characteristics of the site.	66872

(b) With respect to dwellings that have a building entrance	66873
on an accessible route, all of the following apply:	66874

(i) The public use areas and common use areas of the	66875
dwellings shall be readily accessible to and usable by persons	66876
with a disability.	66877

(ii) All the doors designed to allow passage into and within	66878
all premises shall be sufficiently wide to allow passage by	66879
persons with a disability who are in wheelchairs.	66880

(iii) All premises within covered multifamily dwelling units	66881
shall contain an accessible route into and through the dwelling;	66882
all light switches, electrical outlets, thermostats, and other	66883
environmental controls within such units shall be in accessible	66884
locations; the bathroom walls within such units shall contain	66885
reinforcements to allow later installation of grab bars; and the	66886
kitchens and bathrooms within such units shall be designed and	66887
constructed in a manner that enables an individual in a wheelchair	66888
to maneuver about such rooms.	66889

For purposes of division (H)(22) of this section, "covered	66890
multifamily dwellings" means buildings consisting of four or more	66891
units if such buildings have one or more elevators and ground	66892
floor units in other buildings consisting of four or more units.	66893

(I) For any person to discriminate in any manner against any	66894
other person because that person has opposed any unlawful	66895
discriminatory practice defined in this section or because that	66896
person has made a charge, testified, assisted, or participated in	66897
any manner in any investigation, proceeding, or hearing under	66898
sections 4112.01 to 4112.07 of the Revised Code.	66899

(J) For any person to aid, abet, incite, compel, or coerce	66900
the doing of any act declared by this section to be an unlawful	66901
discriminatory practice, to obstruct or prevent any person from	66902
complying with this chapter or any order issued under it, or to	66903
attempt directly or indirectly to commit any act declared by this	66904
section to be an unlawful discriminatory practice.	66905

(K)(1) Nothing in division (H) of this section shall bar any	66906
religious or denominational institution or organization, or any	66907
nonprofit charitable or educational organization that is operated,	66908
supervised, or controlled by or in connection with a religious	66909
organization, from limiting the sale, rental, or occupancy of	66910
housing accommodations that it owns or operates for other than a	66911
commercial purpose to persons of the same religion, or from giving	66912
preference in the sale, rental, or occupancy of such housing	66913
accommodations to persons of the same religion, unless membership	66914
in the religion is restricted on account of race, color, or	66915
national origin.	66916

(2) Nothing in division (H) of this section shall bar any	66917
bona fide private or fraternal organization that, incidental to	66918
its primary purpose, owns or operates lodgings for other than a	66919
commercial purpose, from limiting the rental or occupancy of the	66920
lodgings to its members or from giving preference to its members.	66921

(3) Nothing in division (H) of this section limits the	66922
applicability of any reasonable local, state, or federal	66923
restrictions regarding the maximum number of occupants permitted	66924
to occupy housing accommodations. Nothing in that division	66925
prohibits the owners or managers of housing accommodations from	66926
implementing reasonable occupancy standards based on the number	66927
and size of sleeping areas or bedrooms and the overall size of a	66928
dwelling unit, provided that the standards are not implemented to	66929
circumvent the purposes of this chapter and are formulated,	66930
implemented, and interpreted in a manner consistent with this	66931
chapter and any applicable local, state, or federal restrictions	66932
regarding the maximum number of occupants permitted to occupy	66933
housing accommodations.	66934

(4) Nothing in division (H) of this section requires that	66935
housing accommodations be made available to an individual whose	66936
tenancy would constitute a direct threat to the health or safety	66937
of other individuals or whose tenancy would result in substantial	66938
physical damage to the property of others.	66939

(5) Nothing in division (H) of this section pertaining to	66940
discrimination on the basis of familial status shall be construed	66941
to apply to any of the following:	66942

(a) Housing accommodations provided under any state or	66943
federal program that have been determined under the "Fair Housing	66944
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	66945
amended, to be specifically designed and operated to assist	66946
elderly persons;	66947

(b) Housing accommodations intended for and solely occupied	66948
by persons who are sixty-two years of age or older;	66949

(c) Housing accommodations intended and operated for	66950
occupancy by at least one person who is fifty-five years of age or	66951
older per unit, as determined under the "Fair Housing Amendments	66952
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	66953

(L) Nothing in divisions (A) to (E) of this section shall be	66954
construed to require a person with a disability to be employed or	66955
trained under circumstances that would significantly increase the	66956
occupational hazards affecting either the person with a	66957
disability, other employees, the general public, or the facilities	66958
in which the work is to be performed, or to require the employment	66959
or training of a person with a disability in a job that requires	66960
the person with a disability routinely to undertake any task, the	66961
performance of which is substantially and inherently impaired by	66962
the person's disability.	66963

(M) Nothing in divisions (H)(1) to (18) of this section shall	66964
be construed to require any person selling or renting property to	66965
modify the property in any way or to exercise a higher degree of	66966
care for a person with a disability, to relieve any person with a	66967
disability of any obligation generally imposed on all persons	66968
regardless of disability in a written lease, rental agreement, or	66969
contract of purchase or sale, or to forbid distinctions based on	66970
the inability to fulfill the terms and conditions, including	66971
financial obligations, of the lease, agreement, or contract.	66972

(N) An aggrieved individual may enforce the individual's	66973
rights relative to discrimination on the basis of age as provided	66974
for in this section by instituting a civil action, within one	66975
hundred eighty days after the alleged unlawful discriminatory	66976
practice occurred, in any court with jurisdiction for any legal or	66977
equitable relief that will effectuate the individual's rights.	66978

A person who files a civil action under this division is	66979
barred, with respect to the practices complained of, from	66980
instituting a civil action under section 4112.14 of the Revised	66981
Code and from filing a charge with the commission under section	66982
4112.05 of the Revised Code.	66983

(O) With regard to age, it shall not be an unlawful	66984
discriminatory practice and it shall not constitute a violation of	66985
division (A) of section 4112.14 of the Revised Code for any	66986
employer, employment agency, joint labor-management committee	66987
controlling apprenticeship training programs, or labor	66988
organization to do any of the following:	66989

(1) Establish bona fide employment qualifications reasonably	66990
related to the particular business or occupation that may include	66991
standards for skill, aptitude, physical capability, intelligence,	66992
education, maturation, and experience;	66993

(2) Observe the terms of a bona fide seniority system or any	66994
bona fide employee benefit plan, including, but not limited to, a	66995
retirement, pension, or insurance plan, that is not a subterfuge	66996
to evade the purposes of this section. However, no such employee	66997
benefit plan shall excuse the failure to hire any individual, and	66998
no such seniority system or employee benefit plan shall require or	66999
permit the involuntary retirement of any individual, because of	67000
the individual's age except as provided for in the "Age	67001
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	67002
29 U.S.C.A. 623, as amended by the "Age Discrimination in	67003
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	67004
623, as amended.	67005

(3) Retire an employee who has attained sixty-five years of	67006
age who, for the two-year period immediately before retirement, is	67007
employed in a bona fide executive or a high policymaking position,	67008
if the employee is entitled to an immediate nonforfeitable annual	67009
retirement benefit from a pension, profit-sharing, savings, or	67010
deferred compensation plan, or any combination of those plans, of	67011
the employer of the employee, which equals, in the aggregate, at	67012
least forty-four thousand dollars, in accordance with the	67013
conditions of the "Age Discrimination in Employment Act Amendment	67014
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	67015
Discrimination in Employment Act Amendments of 1986," 100 Stat.	67016
3342, 29 U.S.C.A. 631, as amended;	67017

(4) Observe the terms of any bona fide apprenticeship program	67018
if the program is registered with the Ohio apprenticeship council	67019
pursuant to sections 4139.01 to 4139.06 of the Revised Code and is	67020
approved by the federal committee on apprenticeship of the United	67021
States department of labor.	67022

(P) Nothing in this chapter prohibiting age discrimination	67023
and nothing in division (A) of section 4112.14 of the Revised Code	67024
shall be construed to prohibit the following:	67025

(1) The designation of uniform age the attainment of which is	67026
necessary for public employees to receive pension or other	67027
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	67028
or 5505. of the Revised Code;	67029

(2) The mandatory retirement of uniformed patrol officers of	67030
the state highway patrol as provided in section 5505.16 of the	67031
Revised Code;	67032

(3) The maximum age requirements for appointment as a patrol	67033
officer in the state highway patrol established by section 5503.01	67034
of the Revised Code;	67035

(4) The maximum age requirements established for original	67036
appointment to a police department or fire department in sections	67037
124.41 and 124.42 of the Revised Code;	67038

(5) Any maximum age not in conflict with federal law that may	67039
be established by a municipal charter, municipal ordinance, or	67040
resolution of a board of township trustees for original	67041
appointment as a police officer or firefighter;	67042

(6) Any mandatory retirement provision not in conflict with	67043
federal law of a municipal charter, municipal ordinance, or	67044
resolution of a board of township trustees pertaining to police	67045
officers and firefighters;	67046

(7) Until January 1, 1994, the mandatory retirement of any	67047
employee who has attained seventy years of age and who is serving	67048
under a contract of unlimited tenure, or similar arrangement	67049
providing for unlimited tenure, at an institution of higher	67050
education as defined in the "Education Amendments of 1980," 94	67051
Stat. 1503, 20 U.S.C.A. 1141(a).	67052

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	67053
section, for purposes of divisions (A) to (E) of this section, a	67054
disability does not include any physiological disorder or	67055
condition, mental or psychological disorder, or disease or	67056
condition caused by an illegal use of any controlled substance by	67057
an employee, applicant, or other person, if an employer,	67058
employment agency, personnel placement service, labor	67059
organization, or joint labor-management committee acts on the	67060
basis of that illegal use.	67061

(b) Division (Q)(1)(a) of this section does not apply to an	67062
employee, applicant, or other person who satisfies any of the	67063
following:	67064

(i) The employee, applicant, or other person has successfully	67065
completed a supervised drug rehabilitation program and no longer	67066
is engaging in the illegal use of any controlled substance, or the	67067
employee, applicant, or other person otherwise successfully has	67068
been rehabilitated and no longer is engaging in that illegal use.	67069

(ii) The employee, applicant, or other person is	67070
participating in a supervised drug rehabilitation program and no	67071
longer is engaging in the illegal use of any controlled substance.	67072

(iii) The employee, applicant, or other person is erroneously	67073
regarded as engaging in the illegal use of any controlled	67074
substance, but the employee, applicant, or other person is not	67075
engaging in that illegal use.	67076

(2) Divisions (A) to (E) of this section do not prohibit an	67077
employer, employment agency, personnel placement service, labor	67078
organization, or joint labor-management committee from doing any	67079
of the following:	67080

(a) Adopting or administering reasonable policies or	67081
procedures, including, but not limited to, testing for the illegal	67082
use of any controlled substance, that are designed to ensure that	67083
an individual described in division (Q)(1)(b)(i) or (ii) of this	67084
section no longer is engaging in the illegal use of any controlled	67085
substance;	67086

(b) Prohibiting the illegal use of controlled substances and	67087
the use of alcohol at the workplace by all employees;	67088

(c) Requiring that employees not be under the influence of	67089
alcohol or not be engaged in the illegal use of any controlled	67090
substance at the workplace;	67091

(d) Requiring that employees behave in conformance with the	67092
requirements established under "The Drug-Free Workplace Act of	67093
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	67094

(e) Holding an employee who engages in the illegal use of any	67095
controlled substance or who is an alcoholic to the same	67096
qualification standards for employment or job performance, and the	67097
same behavior, to which the employer, employment agency, personnel	67098
placement service, labor organization, or joint labor-management	67099
committee holds other employees, even if any unsatisfactory	67100
performance or behavior is related to an employee's illegal use of	67101
a controlled substance or alcoholism;	67102

(f) Exercising other authority recognized in the "Americans	67103
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	67104
as amended, including, but not limited to, requiring employees to	67105
comply with any applicable federal standards.	67106

(3) For purposes of this chapter, a test to determine the	67107
illegal use of any controlled substance does not include a medical	67108
examination.	67109

(4) Division (Q) of this section does not encourage,	67110
prohibit, or authorize, and shall not be construed as encouraging,	67111
prohibiting, or authorizing, the conduct of testing for the	67112
illegal use of any controlled substance by employees, applicants,	67113
or other persons, or the making of employment decisions based on	67114
the results of that type of testing.	67115

The unlawful discriminatory practices defined in this section	67116
do not make it unlawful for a person or an appointing authority	67117
administering an examination under section 124.23 of the Revised	67118
Code to obtain information about an applicant's military status	67119
for the purpose of determining if the applicant is eligible for	67120
the additional credit that is available under that section.	67121

Sec. 4112.12. (A) There is hereby created the commission on	67122
African-American males, which shall consist of not more than	67123
twenty-five members as follows: the directors or their designees	67124
of the departments of health, development, ~~alcohol and drug~~	67125
~~addiction services~~mental health and addiction services, and job	67126
and family services; the equal employment opportunity officer of	67127
the department of administrative services or the equal employment	67128
opportunity officer's designee; the executive director or the	67129
executive director's designee of the Ohio civil rights commission;	67130
the executive director or the executive director's designee of the	67131
division of criminal justice services in the department of public	67132
safety; the superintendent of public instruction; the chancellor	67133
or the chancellor's designee of the Ohio board of regents; two	67134
members of the house of representatives appointed by the speaker	67135
of the house of representatives each of whom shall be members of	67136
different political parties; and two members of the senate	67137
appointed by the president of the senate each of whom shall be	67138
members of different political parties. The members who are	67139
members of the general assembly shall be nonvoting members. The	67140
Ohio state university African American and African studies	67141
community extension center, in consultation with the governor,	67142
shall appoint four members from the private corporate sector, at	67143
least four members from the public sector, and two members from	67144
the nonprofit sector.	67145

(B) Terms of office shall be for three years, except that	67146
members of the general assembly appointed to the commission shall	67147
be members only so long as they are members of the general	67148
assembly. Each term ends on the same day of the same month as did	67149
the term that it succeeds. Each member shall hold office from the	67150
date of appointment until the end of the term for which the member	67151
was appointed. Members may be reappointed. Vacancies shall be	67152
filled in the manner provided for original appointments. Any	67153
member appointed to fill a vacancy occurring prior to the	67154
expiration date of the term for which the member's predecessor was	67155
appointed shall hold office as a member for the remainder of that	67156
term. A member shall continue in office subsequent to the	67157
expiration date of the member's term until the member's successor	67158
takes office or until a period of sixty days has elapsed,	67159
whichever occurs first.	67160

The commission annually shall elect a chairperson from among	67161
its members.	67162

(C) Members of the commission and members of subcommittees	67163
appointed under division (B) of section 4112.13 of the Revised	67164
Code shall not be compensated, but shall be reimbursed for their	67165
necessary and actual expenses incurred in the performance of their	67166
official duties.	67167

(D) The Ohio state university African American and African	67168
studies community extension center, in consultation with the	67169
governor, shall appoint an executive director of the commission on	67170
African-American males, who shall be in the unclassified civil	67171
service. The executive director shall supervise the commission's	67172
activities and report to the commission and to the Ohio state	67173
university African American and African studies community	67174
extension center on the progress of those activities. The	67175
executive director shall do all things necessary for the efficient	67176
and effective implementation of the duties of the commission.	67177

The responsibilities assigned to the executive director do	67178
not relieve the members of the commission from final	67179
responsibility for the proper performance of the requirements of	67180
this division.	67181

(E) The commission on African-American males shall do all of	67182
the following:	67183

(1) Employ, promote, supervise, and remove all employees, as	67184
needed, in connection with the performance of its duties under	67185
this section;	67186

(2) Maintain its office in Columbus;

67187

(3) Acquire facilities, equipment, and supplies necessary to	67188
house the commission, its employees, and files and records under	67189
its control, and to discharge any duty imposed upon it by law. The	67190
expense of these acquisitions shall be audited and paid for in the	67191
same manner as other state expenses.	67192

(4) Establish the overall policy and management of the	67193
commission in accordance with this chapter;	67194

(5) Follow all state procurement requirements;

67195

(6) Implement the policies and plans of the Ohio state	67196
university African American and African studies community	67197
extension center as those policies and plans are formulated and	67198
adopted by the Ohio state university African American and African	67199
studies community extension center;	67200

(7) Report to the Ohio state university African American and	67201
African studies community extension center on the progress of the	67202
commission on African-American males in implementing the policies	67203
and plans of the Ohio state university African American and	67204
African studies community extension center.	67205

(F) The commission on African-American males may:

67206

(1) Hold sessions at any place within the state, except that	67207
the commission on African-American males shall meet at least	67208
quarterly;	67209

(2) Establish, change, or abolish positions, and assign and	67210
reassign duties and responsibilities of any employee of the	67211
commission on African-American males as necessary to achieve the	67212
most efficient performance of its functions.	67213

(G) The Ohio state university African American and African	67214
studies community extension center shall establish the overall	67215
policy and management of the commission on African-American males	67216
and shall direct, manage, and oversee the commission. The Ohio	67217
state university African American and African studies community	67218
extension center shall develop overall policies and plans, and the	67219
commission on African-American males shall implement those	67220
policies and plans. The commission on African-American males,	67221
through its executive director, shall keep the Ohio state	67222
university African American and African studies community	67223
extension center informed as to the activities of the commission	67224
on African-American males in such manner and at such times as the	67225
Ohio state university African American and African studies	67226
community extension center shall determine.	67227

The Ohio state university African American and African	67228
studies community extension center may prescribe duties and	67229
responsibilities of the commission on African-American males in	67230
addition to those prescribed in section 4112.13 of the Revised	67231
Code.	67232

(H) The Ohio state university African American and African	67233
studies community extension center annually shall contract for a	67234
report on the status of African Americans in this state. Issues to	67235
be evaluated in the report shall include the criminal justice	67236
system, education, employment, health care, and housing, and such	67237
other issues as the Ohio state university African American and	67238
African studies community extension center may specify. The report	67239
shall include policy recommendations relating to the issues	67240
covered in the report.	67241

Sec. 4112.31. The new African immigrants commission shall do	67242
all of the following:	67243

(A) Gather and disseminate information and conduct hearings,	67244
conferences, investigations, and special studies on problems and	67245
programs concerning sub-Saharan African people;	67246

(B) Secure appropriate recognition of the accomplishments and	67247
contributions of sub-Saharan African people to this state;	67248

(C) Stimulate public awareness of the problems of sub-Saharan	67249
African people by conducting a program of public education;	67250

(D) Develop, coordinate, and assist other public and private	67251
organizations that serve sub-Saharan African people, including the	67252
conducting of training programs for community leadership and	67253
service project staff;	67254

(E) Advise the governor, general assembly, and state	67255
departments and agencies of the nature, magnitude, and priorities	67256
of the problems of sub-Saharan African people;	67257

(F) Advise the governor, general assembly, and state	67258
departments and agencies on, and assist in the development and	67259
implementation of, comprehensive and coordinated policies,	67260
programs, and procedures focusing on the special problems and	67261
needs of sub-Saharan African people, especially in the fields of	67262
education, employment, energy, health, housing, welfare, and	67263
recreation;	67264

(G) Propose new programs concerning sub-Saharan African	67265
people to public and private agencies and evaluate for such	67266
agencies existing programs or prospective legislation concerning	67267
sub-Saharan African people;	67268

(H) Review and approve grants to be made from federal, state,	67269
or private funds that are administered or subcontracted by the	67270
commission;	67271

(I) Prepare, review, and approve an annual report;

67272

(J) Serve as a clearinghouse to review and comment on all	67273
proposals to meet the needs of sub-Saharan African people that are	67274
submitted to it by public and private agencies;	67275

(K) Apply for and accept grants and gifts from governmental	67276
and private sources to be administered by the commission or	67277
subcontracted to local agencies;	67278

(L) Monitor and evaluate all programs subcontracted to local	67279
agencies by the commission;	67280

(M) Endeavor to assure that sub-Saharan African people have	67281
access to decision-making bodies in all state and local	67282
governmental departments and agencies;	67283

(N) Establish advisory committees on special subjects as	67284
needed to facilitate and maximize community participation in the	67285
operation of the commission;	67286

(O) Establish with state and local governments and private	67287
business and industry relationships that promote and assure equal	67288
opportunity for sub-Saharan African people in government,	67289
education, and employment.	67290

(P) Create an interagency council consisting of the following	67291
persons or their authorized representatives: one member of the	67292
senate appointed by the president of the senate; one member of the	67293
house of representatives appointed by the speaker of the house of	67294
representatives; the directors of administrative services,	67295
agriculture, education, development services, health, highway	67296
safety, job and family services, liquor control, ~~mental health~~	67297
mental health and addiction services, ~~mental retardation~~ and	67298
developmental disabilities, natural resources, rehabilitation and	67299
correction, youth services, transportation, environmental	67300
protection, and budget and management; the chairperson of the Ohio	67301
civil rights commission, the administrators of the bureau of	67302
workers' compensation and the rehabilitation services commission,	67303
and an additional member of the governor's cabinet appointed by	67304
the governor. The new African immigrants commission, by rule, may	67305
designate other state officers or their representatives to be	67306
members of the council. The director of the commission shall be	67307
the chairperson of the council.	67308

The interagency council shall provide and coordinate the	67309
exchange of information relative to the needs of sub-Saharan	67310
African people and promote the delivery of state services to such	67311
people. The council shall meet at the call of the chairperson.	67312

Advisory committees shall be composed of persons representing	67313
community organizations and charitable institutions, public	67314
officials, and such other persons as the commission determines.	67315

Sec. 4115.034. On January 1, 1996, and the first day of	67316
January of every even-numbered year thereafter, the director of	67317
commerce shall adjust the threshold levels for which public	67318
improvement projects are subject to sections 4115.03 to 4115.16 of	67319
the Revised Code as set forth in divisions (B)(3) and (4) of	67320
section 4115.03 of the Revised Code. The director shall adjust	67321
those amounts according to the average increase or decrease for	67322
each of the two years immediately preceding the adjustment as set	67323
forth in ~~the United States department of commerce, bureau of the~~	67324
~~census implicit price deflator for~~the construction cost index	67325
published by the engineering news-record or, should that index	67326
cease to be published, a similar recognized industry index chosen	67327
by the director, provided that no increase or decrease for any	67328
year shall exceed three per cent of the threshold level in	67329
existence at the time of the adjustment.	67330

Sec. 4115.32. (A) Subject to section 4115.36 of the Revised	67331
Code, there is hereby created the state committee for the purchase	67332
of products and services provided by persons with severe	67333
disabilities. The committee shall be composed ex officio of the	67334
following persons, or their designees:	67335

(1) The directors of administrative services, ~~mental health~~	67336
mental health and addiction services, developmental disabilities,	67337
transportation, natural resources, and commerce;	67338

(2) The administrators of the rehabilitation services	67339
commission and the bureau of workers' compensation;	67340

(3) The secretary of state;

67341

(4) One representative of a purchasing department of a	67342
political subdivision who is designated by the governor.	67343

The governor shall appoint two representatives of a qualified	67344
nonprofit agency for persons with severe disabilities, and a	67345
person with a severe disability to the committee.	67346

(B) Within thirty days after September 29, 1995, the governor	67347
shall appoint the representatives of a qualified nonprofit agency	67348
for persons with severe disabilities to the committee for a term	67349
ending August 31, 1996. Thereafter, terms for such representatives	67350
are for three years, each term ending on the same day of the same	67351
month of the year as did the term that it succeeds. Each committee	67352
member shall serve from the date of the member's appointment until	67353
the end of the term for which the member was appointed. Vacancies	67354
shall be filled in the same manner provided for original	67355
appointments. Any member appointed to fill a vacancy occurring	67356
prior to the expiration date of the term for which the member's	67357
predecessor was appointed shall serve as a member for the	67358
remainder of that term. A member shall serve subsequent to the	67359
expiration of the member's term and shall continue to serve until	67360
the member's successor takes office.	67361

(C) Members of the committee shall serve without	67362
compensation. Except as otherwise provided in divisions (C)(1) and	67363
(2) of this section, members shall be reimbursed for actual and	67364
necessary expenses, including travel expenses, incurred while away	67365
from their homes or regular places of business and incurred while	67366
performing services for the committee.	67367

(1) The members listed in divisions (A)(1) to (3) of this	67368
section, or their designees, shall not be reimbursed for any	67369
expenses.	67370

(2) No member of the committee who is entitled to receive	67371
reimbursement for the performance of services for the committee	67372
from another agency or entity shall receive reimbursement from the	67373
committee.	67374

(D) The committee shall elect from among its members a	67375
chairperson. The committee may request from any agency of the	67376
state, political subdivision, or instrumentality of the state any	67377
information necessary to enable it to carry out the intent of	67378
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	67379
the committee, the agency, subdivision, or instrumentality shall	67380
furnish the information to the chairperson of the committee.	67381

(E) The committee shall not later than one hundred eighty	67382
days following the close of each fiscal year transmit to the	67383
governor, the general assembly, and each qualified nonprofit	67384
agency for persons with severe disabilities a report that includes	67385
the names of the committee members serving during the preceding	67386
fiscal year, the dates of committee meetings in that year, and any	67387
recommendations for changes in sections 4115.31 to 4115.35 of the	67388
Revised Code that the committee determines are necessary.	67389

(F) The director of administrative services shall designate a	67390
subordinate to act as executive director of the committee and	67391
shall furnish other staff and clerical assistance, office space,	67392
and supplies required by the committee.	67393

Sec. 4117.06. (A) The state employment relations board shall	67394
decide in each case the unit appropriate for the purposes of	67395
collective bargaining. The determination is final and conclusive	67396
and not appealable to the court.	67397

(B) The board shall determine the appropriateness of each	67398
bargaining unit and shall consider among other relevant factors:	67399
the desires of the employees; the community of interest; wages,	67400
hours, and other working conditions of the public employees; the	67401
effect of over-fragmentation; the efficiency of operations of the	67402
public employer; the administrative structure of the public	67403
employer; and the history of collective bargaining.	67404

(C) The board may determine a unit to be the appropriate unit	67405
in a particular case, even though some other unit might also be	67406
appropriate.	67407

(D) In addition, in determining the appropriate unit, the	67408
board shall not:	67409

(1) Decide that any unit is appropriate if the unit includes	67410
both professional and nonprofessional employees, unless a majority	67411
of the professional employees and a majority of the	67412
nonprofessional employees first vote for inclusion in the unit;	67413

(2) Include guards or correction officers at correctional or	67414
mental institutions, special police officers appointed in	67415
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	67416
Revised Code, psychiatric attendants employed at mental health	67417
forensic facilities, youth leaders employed at juvenile correction	67418
facilities, or any public employee employed as a guard to enforce	67419
against other employees rules to protect property of the employer	67420
or to protect the safety of persons on the employer's premises in	67421
a unit with other employees;	67422

(3) Include members of a police or fire department or members	67423
of the state highway patrol in a unit with other classifications	67424
of public employees of the department;	67425

(4) Designate as appropriate a bargaining unit that contains	67426
more than one institution of higher education; nor shall it within	67427
any such institution of higher education designate as appropriate	67428
a unit where such designation would be inconsistent with the	67429
accreditation standards or interpretations of such standards,	67430
governing such institution of higher education or any department,	67431
school, or college thereof. For the purposes of this division, any	67432
branch or regional campus of a public institution of higher	67433
education is part of that institution of higher education.	67434

(5) Designate as appropriate a bargaining unit that contains	67435
employees within the jurisdiction of more than one elected county	67436
office holder, unless the county-elected office holder and the	67437
board of county commissioners agree to such other designation;	67438

(6) With respect to members of a police department, designate	67439
as appropriate a unit that includes rank and file members of the	67440
department with members who are of the rank of sergeant or above;	67441

(7) Except as otherwise provided by division (A)(3) of	67442
section 3314.10 or division (B) of section 3326.18 of the Revised	67443
Code, designate as appropriate a bargaining unit that contains	67444
employees from multiple community schools established under	67445
Chapter 3314. or multiple science, technology, engineering, and	67446
mathematics schools established under Chapter 3326. of the Revised	67447
Code. For purposes of this division, more than one unit may be	67448
designated within a single community school or science,	67449
technology, engineering, and mathematics school.	67450

This section shall not be deemed to prohibit multiunit	67451
bargaining.	67452

Sec. 4117.14. (A) The procedures contained in this section	67453
govern the settlement of disputes between an exclusive	67454
representative and a public employer concerning the termination or	67455
modification of an existing collective bargaining agreement or	67456
negotiation of a successor agreement, or the negotiation of an	67457
initial collective bargaining agreement.	67458

(B)(1) In those cases where there exists a collective	67459
bargaining agreement, any public employer or exclusive	67460
representative desiring to terminate, modify, or negotiate a	67461
successor collective bargaining agreement shall:	67462

(a) Serve written notice upon the other party of the proposed	67463
termination, modification, or successor agreement. The party must	67464
serve the notice not less than sixty days prior to the expiration	67465
date of the existing agreement or, in the event the existing	67466
collective bargaining agreement does not contain an expiration	67467
date, not less than sixty days prior to the time it is proposed to	67468
make the termination or modifications or to make effective a	67469
successor agreement.	67470

(b) Offer to bargain collectively with the other party for	67471
the purpose of modifying or terminating any existing agreement or	67472
negotiating a successor agreement;	67473

(c) Notify the state employment relations board of the offer	67474
by serving upon the board a copy of the written notice to the	67475
other party and a copy of the existing collective bargaining	67476
agreement.	67477

(2) In the case of initial negotiations between a public	67478
employer and an exclusive representative, where a collective	67479
bargaining agreement has not been in effect between the parties,	67480
any party may serve notice upon the board and the other party	67481
setting forth the names and addresses of the parties and offering	67482
to meet, for a period of ninety days, with the other party for the	67483
purpose of negotiating a collective bargaining agreement.	67484

If the settlement procedures specified in divisions (B), (C),	67485
and (D) of this section govern the parties, where those procedures	67486
refer to the expiration of a collective bargaining agreement, it	67487
means the expiration of the sixty-day period to negotiate a	67488
collective bargaining agreement referred to in this subdivision,	67489
or in the case of initial negotiations, it means the ninety-day	67490
period referred to in this subdivision.	67491

(3) The parties shall continue in full force and effect all	67492
the terms and conditions of any existing collective bargaining	67493
agreement, without resort to strike or lock-out, for a period of	67494
sixty days after the party gives notice or until the expiration	67495
date of the collective bargaining agreement, whichever occurs	67496
later, or for a period of ninety days where applicable.	67497

(4) Upon receipt of the notice, the parties shall enter into	67498
collective bargaining.	67499

(C) In the event the parties are unable to reach an	67500
agreement, they may submit, at any time prior to forty-five days	67501
before the expiration date of the collective bargaining agreement,	67502
the issues in dispute to any mutually agreed upon dispute	67503
settlement procedure which supersedes the procedures contained in	67504
this section.	67505

(1) The procedures may include:

67506

(a) Conventional arbitration of all unsettled issues;

67507

(b) Arbitration confined to a choice between the last offer	67508
of each party to the agreement as a single package;	67509

(c) Arbitration confined to a choice of the last offer of	67510
each party to the agreement on each issue submitted;	67511

(d) The procedures described in division (C)(1)(a), (b), or	67512
(c) of this section and including among the choices for the	67513
arbitrator, the recommendations of the fact finder, if there are	67514
recommendations, either as a single package or on each issue	67515
submitted;	67516

(e) Settlement by a citizens' conciliation council composed	67517
of three residents within the jurisdiction of the public employer.	67518
The public employer shall select one member and the exclusive	67519
representative shall select one member. The two members selected	67520
shall select the third member who shall chair the council. If the	67521
two members cannot agree upon a third member within five days	67522
after their appointments, the board shall appoint the third	67523
member. Once appointed, the council shall make a final settlement	67524
of the issues submitted to it pursuant to division (G) of this	67525
section.	67526

(f) Any other dispute settlement procedure mutually agreed to	67527
by the parties.	67528

(2) If, fifty days before the expiration date of the	67529
collective bargaining agreement, the parties are unable to reach	67530
an agreement, any party may request the state employment relations	67531
board to intervene. The request shall set forth the names and	67532
addresses of the parties, the issues involved, and, if applicable,	67533
the expiration date of any agreement.	67534

The board shall intervene and investigate the dispute to	67535
determine whether the parties have engaged in collective	67536
bargaining.	67537

If an impasse exists or forty-five days before the expiration	67538
date of the collective bargaining agreement if one exists, the	67539
board shall appoint a mediator to assist the parties in the	67540
collective bargaining process.	67541

(3) Any time after the appointment of a mediator, either	67542
party may request the appointment of a fact-finding panel. Within	67543
fifteen days after receipt of a request for a fact-finding panel,	67544
the board shall appoint a fact-finding panel of not more than	67545
three members who have been selected by the parties in accordance	67546
with rules established by the board, from a list of qualified	67547
persons maintained by the board.	67548

(a) The fact-finding panel shall, in accordance with rules	67549
and procedures established by the board that include the	67550
regulation of costs and expenses of fact-finding, gather facts and	67551
make recommendations for the resolution of the matter. The board	67552
shall by its rules require each party to specify in writing the	67553
unresolved issues and its position on each issue to the	67554
fact-finding panel. The fact-finding panel shall make final	67555
recommendations as to all the unresolved issues.	67556

(b) The board may continue mediation, order the parties to	67557
engage in collective bargaining until the expiration date of the	67558
agreement, or both.	67559

(4) The following guidelines apply to fact-finding:

67560

(a) The fact-finding panel may establish times and place of	67561
hearings which shall be, where feasible, in the jurisdiction of	67562
the state.	67563

(b) The fact-finding panel shall conduct the hearing pursuant	67564
to rules established by the board.	67565

(c) Upon request of the fact-finding panel, the board shall	67566
issue subpoenas for hearings conducted by the panel.	67567

(d) The fact-finding panel may administer oaths.

67568

(e) The board shall prescribe guidelines for the fact-finding	67569
panel to follow in making findings. In making its recommendations,	67570
the fact-finding panel shall take into consideration the factors	67571
listed in divisions (G)(7)(a) to (f) of this section.	67572

(f) The fact-finding panel may attempt mediation at any time	67573
during the fact-finding process. From the time of appointment	67574
until the fact-finding panel makes a final recommendation, it	67575
shall not discuss the recommendations for settlement of the	67576
dispute with parties other than the direct parties to the dispute.	67577

(5) The fact-finding panel, acting by a majority of its	67578
members, shall transmit its findings of fact and recommendations	67579
on the unresolved issues to the public employer and employee	67580
organization involved and to the board no later than fourteen days	67581
after the appointment of the fact-finding panel, unless the	67582
parties mutually agree to an extension. The parties shall share	67583
the cost of the fact-finding panel in a manner agreed to by the	67584
parties.	67585

(6)(a) Not later than seven days after the findings and	67586
recommendations are sent, the legislative body, by a three-fifths	67587
vote of its total membership, and in the case of the public	67588
employee organization, the membership, by a three-fifths vote of	67589
the total membership, may reject the recommendations; if neither	67590
rejects the recommendations, the recommendations shall be deemed	67591
agreed upon as the final resolution of the issues submitted and a	67592
collective bargaining agreement shall be executed between the	67593
parties, including the fact-finding panel's recommendations,	67594
except as otherwise modified by the parties by mutual agreement.	67595
If either the legislative body or the public employee organization	67596
rejects the recommendations, the board shall publicize the	67597
findings of fact and recommendations of the fact-finding panel.	67598
The board shall adopt rules governing the procedures and methods	67599
for public employees to vote on the recommendations of the	67600
fact-finding panel.	67601

(b) As used in division (C)(6)(a) of this section,	67602
"legislative body" means the controlling board when the state or	67603
any of its agencies, authorities, commissions, boards, or other	67604
branch of public employment is party to the fact-finding process.	67605

(D) If the parties are unable to reach agreement within seven	67606
days after the publication of findings and recommendations from	67607
the fact-finding panel or the collective bargaining agreement, if	67608
one exists, has expired, then the:	67609

(1) Public employees, who are members of a police or fire	67610
department, members of the state highway patrol, deputy sheriffs,	67611
dispatchers employed by a police, fire, or sheriff's department or	67612
the state highway patrol or civilian dispatchers employed by a	67613
public employer other than a police, fire, or sheriff's department	67614
to dispatch police, fire, sheriff's department, or emergency	67615
medical or rescue personnel and units, an exclusive nurse's unit,	67616
employees of the state school for the deaf or the state school for	67617
the blind, employees of any public employee retirement system,	67618
corrections officers, guards at penal or mental institutions,	67619
special police officers appointed in accordance with sections	67620
~~5119.14~~5119.08 and 5123.13 of the Revised Code, psychiatric	67621
attendants employed at mental health forensic facilities, youth	67622
leaders employed at juvenile correctional facilities, or members	67623
of a law enforcement security force that is established and	67624
maintained exclusively by a board of county commissioners and	67625
whose members are employed by that board, shall submit the matter	67626
to a final offer settlement procedure pursuant to a board order	67627
issued forthwith to the parties to settle by a conciliator	67628
selected by the parties. The parties shall request from the board	67629
a list of five qualified conciliators and the parties shall select	67630
a single conciliator from the list by alternate striking of names.	67631
If the parties cannot agree upon a conciliator within five days	67632
after the board order, the board shall on the sixth day after its	67633
order appoint a conciliator from a list of qualified persons	67634
maintained by the board or shall request a list of qualified	67635
conciliators from the American arbitration association and appoint	67636
therefrom.	67637

(2) Public employees other than those listed in division	67638
(D)(1) of this section have the right to strike under Chapter	67639
4117. of the Revised Code provided that the employee organization	67640
representing the employees has given a ten-day prior written	67641
notice of an intent to strike to the public employer and to the	67642
board, and further provided that the strike is for full,	67643
consecutive work days and the beginning date of the strike is at	67644
least ten work days after the ending date of the most recent prior	67645
strike involving the same bargaining unit; however, the board, at	67646
its discretion, may attempt mediation at any time.	67647

(E) Nothing in this section shall be construed to prohibit	67648
the parties, at any time, from voluntarily agreeing to submit any	67649
or all of the issues in dispute to any other alternative dispute	67650
settlement procedure. An agreement or statutory requirement to	67651
arbitrate or to settle a dispute pursuant to a final offer	67652
settlement procedure and the award issued in accordance with the	67653
agreement or statutory requirement is enforceable in the same	67654
manner as specified in division (B) of section 4117.09 of the	67655
Revised Code.	67656

(F) Nothing in this section shall be construed to prohibit a	67657
party from seeking enforcement of a collective bargaining	67658
agreement or a conciliator's award as specified in division (B) of	67659
section 4117.09 of the Revised Code.	67660

(G) The following guidelines apply to final offer settlement	67661
proceedings under division (D)(1) of this section:	67662

(1) The parties shall submit to final offer settlement those	67663
issues that are subject to collective bargaining as provided by	67664
section 4117.08 of the Revised Code and upon which the parties	67665
have not reached agreement and other matters mutually agreed to by	67666
the public employer and the exclusive representative; except that	67667
the conciliator may attempt mediation at any time.	67668

(2) The conciliator shall hold a hearing within thirty days	67669
of the board's order to submit to a final offer settlement	67670
procedure, or as soon thereafter as is practicable.	67671

(3) The conciliator shall conduct the hearing pursuant to	67672
rules developed by the board. The conciliator shall establish the	67673
hearing time and place, but it shall be, where feasible, within	67674
the jurisdiction of the state. Not later than five calendar days	67675
before the hearing, each of the parties shall submit to the	67676
conciliator, to the opposing party, and to the board, a written	67677
report summarizing the unresolved issues, the party's final offer	67678
as to the issues, and the rationale for that position.	67679

(4) Upon the request by the conciliator, the board shall	67680
issue subpoenas for the hearing.	67681

(5) The conciliator may administer oaths.

67682

(6) The conciliator shall hear testimony from the parties and	67683
provide for a written record to be made of all statements at the	67684
hearing. The board shall submit for inclusion in the record and	67685
for consideration by the conciliator the written report and	67686
recommendation of the fact-finders.	67687

(7) After hearing, the conciliator shall resolve the dispute	67688
between the parties by selecting, on an issue-by-issue basis, from	67689
between each of the party's final settlement offers, taking into	67690
consideration the following:	67691

(a) Past collectively bargained agreements, if any, between	67692
the parties;	67693

(b) Comparison of the issues submitted to final offer	67694
settlement relative to the employees in the bargaining unit	67695
involved with those issues related to other public and private	67696
employees doing comparable work, giving consideration to factors	67697
peculiar to the area and classification involved;	67698

(c) The interests and welfare of the public, the ability of	67699
the public employer to finance and administer the issues proposed,	67700
and the effect of the adjustments on the normal standard of public	67701
service;	67702

(d) The lawful authority of the public employer;

67703

(e) The stipulations of the parties;

67704

(f) Such other factors, not confined to those listed in this	67705
section, which are normally or traditionally taken into	67706
consideration in the determination of the issues submitted to	67707
final offer settlement through voluntary collective bargaining,	67708
mediation, fact-finding, or other impasse resolution procedures in	67709
the public service or in private employment.	67710

(8) Final offer settlement awards made under Chapter 4117. of	67711
the Revised Code are subject to Chapter 2711. of the Revised Code.	67712

(9) If more than one conciliator is used, the determination	67713
must be by majority vote.	67714

(10) The conciliator shall make written findings of fact and	67715
promulgate a written opinion and order upon the issues presented	67716
to the conciliator, and upon the record made before the	67717
conciliator and shall mail or otherwise deliver a true copy	67718
thereof to the parties and the board.	67719

(11) Increases in rates of compensation and other matters	67720
with cost implications awarded by the conciliator may be effective	67721
only at the start of the fiscal year next commencing after the	67722
date of the final offer settlement award; provided that if a new	67723
fiscal year has commenced since the issuance of the board order to	67724
submit to a final offer settlement procedure, the awarded	67725
increases may be retroactive to the commencement of the new fiscal	67726
year. The parties may, at any time, amend or modify a	67727
conciliator's award or order by mutual agreement.	67728

(12) The parties shall bear equally the cost of the final	67729
offer settlement procedure.	67730

(13) Conciliators appointed pursuant to this section shall be	67731
residents of the state.	67732

(H) All final offer settlement awards and orders of the	67733
conciliator made pursuant to Chapter 4117. of the Revised Code are	67734
subject to review by the court of common pleas having jurisdiction	67735
over the public employer as provided in Chapter 2711. of the	67736
Revised Code. If the public employer is located in more than one	67737
court of common pleas district, the court of common pleas in which	67738
the principal office of the chief executive is located has	67739
jurisdiction.	67740

(I) The issuance of a final offer settlement award	67741
constitutes a binding mandate to the public employer and the	67742
exclusive representative to take whatever actions are necessary to	67743
implement the award.	67744

Sec. 4117.15. (A) Whenever a strike by members of a police	67745
or fire department, members of the state highway patrol, deputy	67746
sheriffs, dispatchers employed by a police, fire, or sheriff's	67747
department or the state highway patrol or civilian dispatchers	67748
employed by a public employer other than a police, fire, or	67749
sheriff's department to dispatch police, fire, sheriff's	67750
department, or emergency medical or rescue personnel and units, an	67751
exclusive nurse's unit, employees of the state school for the deaf	67752
or the state school for the blind, employees of any public	67753
employee retirement system, correction officers, guards at penal	67754
or mental institutions, or special police officers appointed in	67755
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	67756
Revised Code, psychiatric attendants employed at mental health	67757
forensic facilities, youth leaders employed at juvenile	67758
correctional facilities, or members of a law enforcement security	67759
force that is established and maintained exclusively by a board of	67760
county commissioners and whose members are employed by that board,	67761
a strike by other public employees during the pendency of the	67762
settlement procedures set forth in section 4117.14 of the Revised	67763
Code, or a strike during the term or extended term of a collective	67764
bargaining agreement occurs, the public employer may seek an	67765
injunction against the strike in the court of common pleas of the	67766
county in which the strike is located.	67767

(B) An unfair labor practice by a public employer is not a	67768
defense to the injunction proceeding noted in division (A) of this	67769
section. Allegations of unfair labor practices during the	67770
settlement procedures set forth in section 4117.14 of the Revised	67771
Code shall receive priority by the state employment relations	67772
board.	67773

(C) No public employee is entitled to pay or compensation	67774
from the public employer for the period engaged in any strike.	67775

Sec. 4121.50. Not later than July 1, 2012, the administrator	67776
of workers' compensation shall adopt rules in accordance with	67777
Chapter 119. of the Revised Code to implement a coordinated	67778
services program for claimants under this chapter or Chapter	67779
4123., 4127., or 4131. of the Revised Code who are found to have	67780
obtained prescription drugs that were reimbursed pursuant to an	67781
order of the administrator or of the industrial commission or by a	67782
self-insuring employer but were obtained at a frequency or in an	67783
amount that is not medically necessary. The program shall be	67784
implemented in a manner that is substantially similar to the	67785
coordinated services programs established for the medicaid program	67786
under ~~section 5111.085~~sections 5164.758 and ~~5111.179~~5167.13 of	67787
the Revised Code.	67788

Sec. 4123.32. The administrator of workers' compensation,	67789
with the advice and consent of the bureau of workers' compensation	67790
board of directors, shall adopt rules with respect to the	67791
collection, maintenance, and disbursements of the state insurance	67792
fund including all of the following:	67793

(A) A rule providing that the premium security deposit	67794
collected from any employer entitles the employer to the benefits	67795
of this chapter for the remainder of the six months and also for	67796
an additional adjustment period of two months, and, thereafter, if	67797
the employer pays the premium due at the close of any six-month	67798
period, coverage shall be extended for an additional eight-month	67799
period beginning from the end of the six-month period for which	67800
the employer pays the premium due;	67801

(B) A rule providing for ascertaining the correctness of any	67802
employer's report of estimated or actual expenditure of wages and	67803
the determination and adjustment of proper premiums and the	67804
payment of those premiums by the employer for or during any period	67805
less than eight months and notwithstanding any payment or	67806
determination of premium made when exceptional conditions or	67807
circumstances in the judgment of the administrator justify the	67808
action;	67809

(C) Such special rules as the administrator considers	67810
necessary to safeguard the fund and that are just in the	67811
circumstances, covering the rates to be applied where one employer	67812
takes over the occupation or industry of another or where an	67813
employer first makes application for state insurance, and the	67814
administrator may require that if any employer transfers a	67815
business in whole or in part or otherwise reorganizes the	67816
business, the successor in interest shall assume, in proportion to	67817
the extent of the transfer, as determined by the administrator,	67818
the employer's account and shall continue the payment of all	67819
contributions due under this chapter;	67820

(D) A rule providing that an employer who employs an employee	67821
covered under the federal "Longshore and Harbor Workers'	67822
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	67823
chapter and Chapter 4121. of the Revised Code shall be assessed a	67824
premium in accordance with the expenditure of wages, payroll, or	67825
both attributable to only labor performed and services provided by	67826
such an employee when the employee performs labor and provides	67827
services for which the employee is not eligible to receive	67828
compensation and benefits under that federal act.	67829

(E) A rule providing for all of the following:

67830

(1) If, within two months immediately after the expiration of	67831
the six-month period, an employer fails to file a report of the	67832
employer's actual payroll expenditures for the period, the premium	67833
found to be due from the employer for the period shall be	67834
increased in an amount equal to one per cent of the premium, but	67835
the increase shall not be less than three nor more than fifteen	67836
dollars;	67837

(2) The premium determined by the administrator to be due	67838
from an employer shall be payable on or before the end of the	67839
coverage period established by the premium security deposit, or	67840
within the time specified by the administrator if the period for	67841
which the advance premium has been paid is less than eight months.	67842
If an employer fails to pay the premium when due, the	67843
administrator may add a late fee penalty of not more than thirty	67844
dollars to the premium plus an additional penalty amount as	67845
follows:	67846

(a) For a premium from sixty-one to ninety days past due, the	67847
prime interest rate, multiplied by the premium due;	67848

(b) For a premium from ninety-one to one hundred twenty days	67849
past due, the prime interest rate plus two per cent, multiplied by	67850
the premium due;	67851

(c) For a premium from one hundred twenty-one to one hundred	67852
fifty days past due, the prime interest rate plus four per cent,	67853
multiplied by the premium due;	67854

(d) For a premium from one hundred fifty-one to one hundred	67855
eighty days past due, the prime interest rate plus six per cent,	67856
multiplied by the premium due;	67857

(e) For a premium from one hundred eighty-one to two hundred	67858
ten days past due, the prime interest rate plus eight per cent,	67859
multiplied by the premium due;	67860

(f) For each additional thirty-day period or portion thereof	67861
that a premium remains past due after it has remained past due for	67862
more than two hundred ten days, the prime interest rate plus eight	67863
per cent, multiplied by the premium due.	67864

(3) Notwithstanding the interest rates specified in division	67865
(E)(2) of this section, at no time shall the additional penalty	67866
amount assessed under division (E)(2) of this section exceed	67867
fifteen per cent of the premium due.	67868

(4) An employer may appeal a late fee penalty or additional	67869
penalty to an adjudicating committee pursuant to section 4123.291	67870
of the Revised Code.	67871

For purposes of division (E) of this section, "prime interest	67872
rate" means the average bank prime rate, and the administrator	67873
shall determine the prime interest rate in the same manner as a	67874
county auditor determines the average bank prime rate under	67875
section 929.02 of the Revised Code.	67876

(5) If the employer files an appropriate payroll report,	67877
within the time provided by law or within the time specified by	67878
the administrator if the period for which the employer paid an	67879
estimated premium is less than eight months, the employer shall	67880
not be in default and division (E)(2) of this section shall not	67881
apply if the employer pays the premiums within fifteen days after	67882
being first notified by the administrator of the amount due.	67883

(6) Any deficiencies in the amounts of the premium security	67884
deposit paid by an employer for any period shall be subject to an	67885
interest charge of six per cent per annum from the date the	67886
premium obligation is incurred. In determining the interest due on	67887
deficiencies in premium security deposit payments, a charge in	67888
each case shall be made against the employer in an amount equal to	67889
interest at the rate of six per cent per annum on the premium	67890
security deposit due but remaining unpaid sixty days after notice	67891
by the administrator.	67892

(7) Any interest charges or penalties provided for in	67893
divisions (E)(2) and (6) of this section shall be credited to the	67894
employer's account for rating purposes in the same manner as	67895
premiums.	67896

(F) A rule providing that each employer, on the occasion of	67897
instituting coverage under this chapter, shall submit a premium	67898
security deposit. The deposit shall be calculated equivalent to	67899
thirty per cent of the semiannual premium obligation of the	67900
employer based upon the employer's estimated expenditure for wages	67901
for the ensuing six-month period plus thirty per cent of an	67902
additional adjustment period of two months but only up to a	67903
maximum of one thousand dollars and not less than ten dollars. The	67904
administrator shall review the security deposit of every employer	67905
who has submitted a deposit which is less than the	67906
one-thousand-dollar maximum. The administrator may require any	67907
such employer to submit additional money up to the maximum of one	67908
thousand dollars that, in the administrator's opinion, reflects	67909
the employer's current payroll expenditure for an eight-month	67910
period.	67911

(G) A rule providing that each employer, on the occasion of	67912
instituting coverage under this chapter, shall submit an	67913
application for coverage that completely provides all of the	67914
information required for the administrator to establish coverage	67915
for that employer, and that the employer's failure to provide all	67916
of the information completely may be grounds for the administrator	67917
to deny coverage for that employer.	67918

(H) A rule providing that, in addition to any other remedies	67919
permitted in this chapter, the administrator may discontinue an	67920
employer's coverage if the employer fails to pay the premium due	67921
on or before the premium's due date.	67922

(I) A rule providing that if after a final adjudication it is	67923
determined that an employer has failed to pay an obligation,	67924
billing, account, or assessment that is greater than one thousand	67925
dollars on or before its due date, the administrator may	67926
discontinue the employer's coverage in addition to any other	67927
remedies permitted in this chapter, and that the administrator	67928
shall not discontinue an employer's coverage pursuant to this	67929
division prior to a final adjudication regarding the employer's	67930
failure to pay such obligation, billing, account, or assessment on	67931
or before its due date.	67932

(J) As used in divisions (H) and (I) of this section:

67933

(1) "Employer" has the same meaning as in division (B) of	67934
section 4123.01 of the Revised Code except that "employer" does	67935
not include the state, a state hospital, or a state university or	67936
college.	67937

(2) "State university or college" has the same meaning as in	67938
section 3345.12 of the Revised Code and also includes the Ohio	67939
agricultural research and development center and ~~the Ohio state~~	67940
~~university cooperative~~OSU extension ~~service~~.	67941

(3) "State hospital" means the Ohio state university hospital	67942
and its ancillary facilities and the medical university of Ohio at	67943
Toledo hospital.	67944

Sec. 4131.03. (A) For the relief of persons who are entitled	67945
to receive benefits by virtue of the federal act, there is hereby	67946
established a coal-workers pneumoconiosis fund, which shall be	67947
separate from the funds established and administered pursuant to	67948
Chapter 4123. of the Revised Code. The fund shall consist of	67949
premiums and other payments thereto by subscribers who elect to	67950
subscribe to the fund to insure the payment of benefits required	67951
by the federal act.	67952

(B)~~(1)~~ The coal-workers pneumoconiosis fund shall be in the	67953
custody of the treasurer of state. The bureau of workers'	67954
compensation shall make disbursements from the fund to those	67955
persons entitled to payment therefrom and in the amounts required	67956
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	67957
investment earnings of the fund shall be credited to the fund.	67958

~~(2) Beginning July 1, 2011, and ending June 30, 2013, the~~	67959
~~director of natural resources annually may request the~~	67960
~~administrator of workers' compensation to transfer a portion of~~	67961
~~the investment earnings credited to the coal-workers~~	67962
~~pneumoconiosis fund as provided in this division. If the~~	67963
~~administrator receives a request from the director, the~~	67964
~~administrator, on the first day of July, or as soon as possible~~	67965
~~after that date, shall transfer from the investment earnings~~	67966
~~credited to the coal-workers pneumoconiosis fund an amount not to~~	67967
~~exceed three million dollars to the mine safety fund created in~~	67968
~~section 1561.24 of the Revised Code for the purposes specified in~~	67969
~~that section and an amount not to exceed one million five hundred~~	67970
~~thousand dollars to the coal mining administration and reclamation~~	67971
~~reserve fund created in section 1513.181 of the Revised Code for~~	67972
~~the purposes specified in that section. The administrator, with~~	67973
~~the advice and consent of the bureau of workers' compensation~~	67974
~~board of directors, shall adopt rules governing the transfer in~~	67975
~~order to ensure the solvency of the coal-workers pneumoconiosis~~	67976
~~fund. For that purpose, the rules may establish tests based on~~	67977
~~measures of net assets, liabilities, expenses, interest, dividend~~	67978
~~income, or other factors that the administrator determines~~	67979
~~appropriate that may be applied prior to a transfer.~~	67980

(C) The administrator shall have the same powers to invest	67981
any of the surplus or reserve belonging to the coal-workers	67982
pneumoconiosis fund as are delegated to the administrator under	67983
section 4123.44 of the Revised Code with respect to the state	67984
insurance fund.	67985

(D) If the administrator determines that reinsurance of the	67986
risks of the coal-workers pneumoconiosis fund is necessary to	67987
assure solvency of the fund, the administrator may:	67988

(1) Enter into contracts for the purchase of reinsurance	67989
coverage of the risks of the fund with any company or agency	67990
authorized by law to issue contracts of reinsurance;	67991

(2) Pay the cost of reinsurance from the fund;

67992

(3) Include the costs of reinsurance as a liability and	67993
estimated liability of the fund.	67994

Sec. 4141.162. (A) The director of job and family services	67995
shall establish an income and eligibility verification system that	67996
complies with section 1137 of the "Social Security Act." The	67997
programs included in the system are all of the following:	67998

(1) Unemployment compensation pursuant to section 3304 of the	67999
"Internal Revenue Code of 1954";	68000

(2) The state programs funded in part under part A of Title	68001
IV of the "Social Security Act" and administered under Chapters	68002
5107. and 5108. of the Revised Code;	68003

(3) ~~Medicaid pursuant to Title XIX of the "Social Security~~	68004
~~Act"~~The medicaid program;	68005

(4) The supplemental nutrition assistance program pursuant to	68006
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.;	68007

(5) Any Ohio program under a plan approved under Title I, X,	68008
XIV, or XVI of the "Social Security Act."	68009

Wage information provided by employers to the director shall	68010
be furnished to the income and eligibility verification system.	68011
Such information shall be used by the director to determine	68012
eligibility of individuals for unemployment compensation benefits	68013
and the amount of those benefits and used by the agencies that	68014
administer the programs identified in divisions (A)(2) to (5) of	68015
this section to determine or verify eligibility for or the amount	68016
of benefits under those programs.	68017

The director shall fully implement the use of wage	68018
information to determine eligibility for and the amount of	68019
unemployment compensation benefits by September 30, 1988.	68020

Information furnished under the system shall also be made	68021
available to the appropriate state or local child support	68022
enforcement agency for the purposes of an approved plan under	68023
Title IV-D of the "Social Security Act" and to the appropriate	68024
federal agency for the purposes of Titles II and XVI of the	68025
"Social Security Act."	68026

(B) The director shall adopt rules as necessary under which	68027
the department of job and family services and other state agencies	68028
that the director determines must participate in order to ensure	68029
compliance with section 1137 of the "Social Security Act" exchange	68030
information with each other or authorized federal agencies about	68031
individuals who are applicants for or recipients of benefits under	68032
any of the programs enumerated in division (A) of this section.	68033
The rules shall extend to all of the following:	68034

(1) A requirement for standardized formats and procedures for	68035
a participating agency to request and receive information about an	68036
individual, which information shall include the individual's	68037
social security number;	68038

(2) A requirement that all applicants for and recipients of	68039
benefits under any program enumerated in division (A) of this	68040
section be notified at the time of application, and periodically	68041
thereafter, that information available through the system may be	68042
shared with agencies that administer other benefit programs and	68043
utilized in establishing or verifying eligibility or benefit	68044
amounts under the other programs enumerated in division (A) of	68045
this section;	68046

(3) A requirement that information is made available only to	68047
the extent necessary to assist in the valid administrative needs	68048
of the program receiving the information and is targeted for use	68049
in ways which are most likely to be productive in identifying and	68050
preventing ineligibility and incorrect payments;	68051

(4) A requirement that information is adequately protected	68052
against unauthorized disclosures for purposes other than to	68053
establish or verify eligibility or benefit amounts under the	68054
programs enumerated in division (A) of this section;	68055

(5) A requirement that a program providing information is	68056
reimbursed by the program using the information for the actual	68057
costs of furnishing the information and that the director be	68058
reimbursed by the participating programs for any actual costs	68059
incurred in operating the system;	68060

(6) Requirements for any other matters necessary to ensure	68061
the effective, efficient, and timely exchange of necessary	68062
information or that the director determines must be addressed in	68063
order to ensure compliance with the requirements of section 1137	68064
of the "Social Security Act."	68065

(C) Each participating agency shall furnish to the income and	68066
eligibility verification system established in division (A) of	68067
this section that information, which the director, by rule,	68068
determines is necessary in order to comply with section 1137 of	68069
the "Social Security Act."	68070

(D) Notwithstanding the information disclosure requirements	68071
of this section and section 4141.21 and division (A) of section	68072
4141.284 of the Revised Code, the director shall administer those	68073
provisions of law so as to comply with section 1137 of the "Social	68074
Security Act."	68075

(E) Requirements in section 4141.21 of the Revised Code with	68076
respect to confidentiality of information obtained in the	68077
administration of Chapter 4141. of the Revised Code and any	68078
sanctions imposed for improper disclosure of such information	68079
shall apply to the redisclosure of information disclosed under	68080
this section.	68081

(F) The director of job and family services shall consult	68082
with the medicaid director and the director of administrative	68083
services regarding the implementation of this section.	68084

Sec. 4143.01. As used in this chapter:

68085

(A) "Average weekly wage," "employment," "employer,"	68086
"partially unemployed," and "totally unemployed" have the same	68087
meanings as in section 4141.01 of the Revised Code.	68088

(B) "Duration of unemployment" means the full period of	68089
unemployment next ensuing after a separation from any base period,	68090
as defined in rules adopted under section 4143.03 of the Revised	68091
Code, or subsequent work and until an individual has become	68092
reemployed in employment subject to this chapter, or the	68093
unemployment compensation act of another state, or of the United	68094
States, and until such individual has worked six weeks and for	68095
those weeks has earned or been paid remuneration equal to six	68096
times an average weekly wage of not less than the amount as	68097
determined in the rules adopted by the director of job and family	68098
services under section 4143.03 of the Revised Code.	68099

(C) "Grant year," with respect to an individual, means the	68100
fifty-two week period beginning with the first day of that week	68101
with respect to which the individual first files a valid	68102
application for a grant under this chapter, and thereafter the	68103
fifty-two week period beginning with the first day of that week	68104
with respect to which the individual next files a valid	68105
application after the termination of the individual's last	68106
preceding grant year, except that the application shall not be	68107
considered valid unless the individual has had employment in six	68108
weeks and has, since the beginning of the individual's previous	68109
grant year, in the employment earned three times the average	68110
weekly wage determined for the previous grant year.	68111

(D) "Qualifying week" means any calendar week in an	68112
individual's base period with respect to which the individual	68113
earns or is paid remuneration in employment.	68114

(E) "Seasonal employment" has the same meaning as in section	68115
4141.33 of the Revised Code.	68116

(F) "Unemployment compensation" has the same meaning as in	68117
section 4141.284 of the Revised Code.	68118

Sec. 4143.02. There is hereby created the military spouse	68119
compensation grant program to provide compensation to an	68120
individual who leaves employment to accompany the individual's	68121
spouse on a military transfer. The director of job and family	68122
services shall administer the program in accordance with the	68123
requirements of this chapter.	68124

Sec. 4143.03. (A) With respect to the military spouse	68125
compensation grant program created in section 4143.02 of the	68126
Revised Code, the director of job and family services, in	68127
accordance with Chapter 119. of the Revised Code, shall adopt	68128
rules that establish all of the following:	68129

(1) Eligibility requirements an individual shall satisfy to	68130
receive a grant under section 4143.04 of the Revised Code,	68131
including the definition of an individual's "base period," which	68132
shall be similar to the requirements an individual must satisfy to	68133
receive unemployment compensation under Chapter 4141. of the	68134
Revised Code;	68135

(2) Procedures for an individual to follow to apply for a	68136
grant and procedures for the awarding and payment of grants in	68137
accordance with section 4143.04 of the Revised Code, that shall be	68138
similar to the manner in which claims for unemployment	68139
compensation are applied for, awarded, and paid pursuant to	68140
Chapter 4141. of the Revised Code;	68141

(3) Requirements to determine an individual's duration of	68142
unemployment;	68143

(4) Requirements for the reduction in grant amounts, that	68144
shall be similar to the requirements specified in sections 4141.31	68145
and 4141.312 of the Revised Code;	68146

(5) Procedures and requirements addressing child support	68147
obligations, that shall be similar to the procedures and	68148
requirements described in section 4141.284 of the Revised Code;	68149

(6) Requirements for eligibility for an individual who has	68150
seasonal employment, that shall be similar to the requirements	68151
described in section 4141.33 of the Revised Code;	68152

(7) Procedures to allow an individual to appeal a	68153
determination made by the director under this chapter in	68154
accordance with Chapter 119. of the Revised Code, including the	68155
time limits in which the individual has to file an appeal;	68156

(8) Penalties for overpayments, and procedures to collect	68157
those overpayments, that shall be similar to penalties and	68158
procedures described in section 4141.35 of the Revised Code.	68159

(B) The director, in accordance with Chapter 119. of the	68160
Revised Code, may adopt any other rules as the director determines	68161
necessary to administer and enforce this chapter. Any rules	68162
adopted under this division shall be consistent with any similar	68163
provision addressed in Chapter 4141. of the Revised Code.	68164

(C) The director may apply any agreement the director has	68165
entered into pursuant to section 4141.43 of the Revised Code, to	68166
the extent permitted under an agreement, in administering this	68167
chapter, or the director may enter into similar agreements as the	68168
director determines necessary. The director shall cooperate with	68169
other agencies as described in division (A) of section 4141.35 of	68170
the Revised Code in the administration of this chapter.	68171

Sec. 4143.04. (A) An individual is eligible to receive a	68172
grant under the military spouse compensation grant program created	68173
in section 4143.02 of the Revised Code for a week in which the	68174
individual satisfies all of the following requirements:	68175

(1) The individual's spouse is a member of the armed services	68176
of the United States, the spouse is the subject of a military	68177
transfer, and the individual left employment to accompany the	68178
individual's spouse.	68179

(2) The individual is not otherwise eligible for unemployment	68180
compensation;	68181

(3) The individual satisfies the eligibility requirements	68182
established by the director of job and family services in the	68183
rules the director adopts under section 4143.03 of the Revised	68184
Code.	68185

(B) The director may use the information the director obtains	68186
under section 4141.162 of the Revised Code to determine an	68187
individual's eligibility for a grant under this section.	68188

(C) All grants shall be paid through public employment	68189
offices in accordance with the rules as the director adopts under	68190
section 4143.03 of the Revised Code. The director shall use	68191
eligible funds to issue grants established in this section, except	68192
from the unemployment compensation fund established in section	68193
4141.09 of the Revised Code.	68194

(D) A grant is payable to an eligible and qualified	68195
individual for each week the individual is totally unemployed at	68196
the weekly grant amount determined by the following:	68197

(1) Computing the individual's average weekly wage;

68198

(2) Determining the individual's dependency class under	68199
division (G) of this section;	68200

(3) Computing the individual's weekly grant amount to be	68201
fifty per cent of the individual's average weekly wage, that shall	68202
not exceed the following amounts:	68203

(a) For dependency class A, fifty per cent of the statewide	68204
average weekly wage as calculated under section 4141.30 of the	68205
Revised Code;	68206

(b) For dependency class B, sixty per cent of the statewide	68207
average weekly wage;	68208

(c) For dependency class C, sixty-six and two-thirds per cent	68209
of the statewide average weekly wage.	68210

(E) A grant is payable to each partially unemployed	68211
individual otherwise eligible on account of each week the	68212
individual is partially unemployed in an amount equal to the	68213
individual's weekly grant amount determined under division (B) of	68214
this section less that part of the remuneration payable to the	68215
individual with respect to that week that is in excess of twenty	68216
per cent of the individual's weekly grant amount.	68217

(F) The total amount of a grant to which an individual is	68218
entitled in any grant year, whether for partial or total	68219
unemployment, or both, shall not exceed the lesser of the	68220
following two amounts:	68221

(1) An amount equal to twenty-six times the individual's	68222
weekly grant amount determined in accordance with division (B) of	68223
this section and this division;	68224

(2) An amount computed by taking the sum of twenty times the	68225
individual's weekly grant amount for the first twenty base period	68226
qualifying weeks plus one times the weekly grant amount for each	68227
additional qualifying week beyond the first twenty qualifying	68228
weeks in the individual's base period.	68229

(G)(1) As used in this division, "dependent" has the same	68230
meaning as in section 4141.30 of the Revised Code.	68231

(2) Each eligible and qualified individual shall be assigned	68232
a dependency class in accordance with the following schedule:	68233

Class	Description of dependents	68234
A	No dependents, or has insufficient wages to qualify for more than the maximum weekly grant amount as provided under dependency class A	68235
B	One or two dependents	68236
C	Three or more dependents	68237

(H) Any weekly grant amount that is not a multiple of one	68238
dollar shall be rounded to the next lower multiple of one dollar.	68239
Any grant paid under this section shall be calculated against the	68240
maximum total unemployment compensation payable to the individual	68241
in a benefit year under section 4141.30 of the Revised Code.	68242

(I) If permitted by the United States secretary of labor, a	68243
grant paid under this section shall be considered regular benefits	68244
for purposes of section 4141.301 of the Revised Code. If an	68245
individual who receives a grant under this section is eligible for	68246
extended benefits under section 4141.301 of the Revised Code,	68247
notwithstanding section 4141.09 or division (J) or (L) of section	68248
4141.301 of the Revised Code, extended benefits that may become	68249
payable to that individual that are chargeable to the account of	68250
an employer from whom the individual was separated under division	68251
(A) of this section shall not be charged to that account and shall	68252
be paid from the funds used to pay grants under this section.	68253

Sec. 4143.05. The director of job and family services shall	68254
reduce the amount of any weekly grant amount paid under section	68255
4143.04 of the Revised Code in accordance with the rules the	68256
director adopts under section 4143.03 of the Revised Code. The	68257
director shall make any deduction from such a grant for purposes	68258
of federal income tax payment in a similar manner as the director	68259
makes that deduction under section 4141.321 of the Revised Code	68260
with respect to unemployment compensation.	68261

Sec. 4143.06. An individual may appeal a determination made	68262
by the director of job and family services in accordance with the	68263
rules the director adopts under section 4143.03 of the Revised	68264
Code. The determination made upon completion of that appeals	68265
process is a final determination that may be appealed pursuant to	68266
section 119.12 of the Revised Code.	68267

Sec. 4143.07. (A) Except with respect to the rules adopted	68268
by the director of job and family services under section 4143.03	68269
of the Revised Code concerning child support obligations:	68270

(1) No agreement by an individual to waive the individual's	68271
right to a grant under this chapter is valid, nor shall a grant be	68272
assigned, released, or commuted.	68273

(2) A grant is exempt from all claims of creditors and from	68274
levy, execution, garnishment, attachment, and all other process or	68275
remedy for recovery or collection of a debt, and that exemption	68276
may not be waived.	68277

(B) No individual claiming a grant under this chapter shall	68278
be charged fees of any kind by the director in any proceeding	68279
under this chapter. Any individual claiming a grant may represent	68280
the individual's self personally or be represented by a person	68281
admitted to the practice of law or by a person not admitted to the	68282
practice of law in any proceeding under this chapter before the	68283
director, but no such counsel or agent representing an individual	68284
claiming a grant shall either charge or receive for those services	68285
more than an amount approved by the director. No person shall	68286
charge or receive anything of value in violation of this division.	68287

(C) No employee or other person shall violate this chapter,	68288
or do any act prohibited by this chapter, or fail to perform any	68289
duty lawfully enjoined, within the time prescribed by the	68290
director, for which no penalty has been specifically provided, or	68291
fail to obey any lawful order given or made by the director or any	68292
judgment or decree made by any court in connection with this	68293
chapter. Every day during which any person fails to comply with	68294
any order of the director or to perform any duty enjoined by this	68295
chapter constitutes a separate violation of the order or of this	68296
chapter.	68297

Sec. 4143.08. The director of job and family services shall	68298
enforce this chapter in accordance with the rules the director	68299
adopts under section 4143.03 of the Revised Code. In administering	68300
and enforcing this chapter, the director shall give great weight	68301
and deference to decisions made under Chapter 4141. of the Revised	68302
Code with respect to unemployment compensation.	68303

The director may administer oaths, certify to official acts,	68304
take depositions, issue subpoenas, and compel the attendance and	68305
testimony of witnesses and the production of documents and	68306
testimony in connection with the administration of this chapter.	68307
In case of the refusal of a witness to attend or testify, or to	68308
produce documents, as to any matter regarding which the witness	68309
might be lawfully interrogated in the administration of this	68310
chapter, the court of common pleas of the county in which the	68311
person resides or is found, the court of appeals that has	68312
jurisdiction over the county in which the person resides or is	68313
found, or a judge thereof, upon application of the director, shall	68314
compel obedience by proceedings as for contempt as in case of like	68315
refusal to obey a similar order of the court.	68316

Sec. 4143.09. This chapter shall be liberally construed.

68317

Sec. 4143.99. (A) Whoever violates division (B) of section	68318
4143.07 of the Revised Code is guilty of a misdemeanor of the	68319
first degree.	68320

(B) Whoever violates division (C) of section 4143.07 of the	68321
Revised Code shall be fined not more than five hundred dollars for	68322
the first offense, and for each subsequent offense, the person	68323
shall be fined not less than twenty-five dollars nor more than one	68324
thousand dollars.	68325

Sec. 4301.10. (A) The division of liquor control shall do	68326
all of the following:	68327

(1) Control the traffic in beer and intoxicating liquor in	68328
this state, including the manufacture, importation, and sale of	68329
beer and intoxicating liquor;	68330

(2) Grant or refuse permits for the manufacture,	68331
distribution, transportation, and sale of beer and intoxicating	68332
liquor and the sale of alcohol, as authorized or required by this	68333
chapter and Chapter 4303. of the Revised Code. A certificate,	68334
signed by the superintendent of liquor control and to which is	68335
affixed the official seal of the division, stating that it appears	68336
from the records of the division that no permit has been issued to	68337
the person specified in the certificate, or that a permit, if	68338
issued, has been revoked, canceled, or suspended, shall be	68339
received as prima-facie evidence of the facts recited in the	68340
certificate in any court or before any officer of this state.	68341

(3) Put into operation, manage, and control a system of state	68342
liquor stores for the sale of spirituous liquor at retail and to	68343
holders of permits authorizing the sale of spirituous liquor;	68344
however, the division shall not establish any drive-in state	68345
liquor stores; and by means of those types of stores, and any	68346
manufacturing plants, distributing and bottling plants,	68347
warehouses, and other facilities that it considers expedient,	68348
establish and maintain a state monopoly of the distribution of	68349
spirituous liquor and its sale in packages or containers; and for	68350
that purpose, manufacture, buy, import, possess, and sell	68351
spirituous liquors as provided in this chapter and Chapter 4303.	68352
of the Revised Code, and in the rules promulgated by the	68353
superintendent of liquor control pursuant to those chapters; lease	68354
or in any manner acquire the use of any land or building required	68355
for any of those purposes; purchase any equipment that is	68356
required; and borrow money to carry on its business, and issue,	68357
sign, endorse, and accept notes, checks, and bills of exchange;	68358
but all obligations of the division created under authority of	68359
this division shall be a charge only upon the moneys received by	68360
the division from the sale of spirituous liquor and its other	68361
business transactions in connection with the sale of spirituous	68362
liquor, and shall not be general obligations of the state;	68363

(4) Enforce the administrative provisions of this chapter and	68364
Chapter 4303. of the Revised Code, and the rules and orders of the	68365
liquor control commission and the superintendent relating to the	68366
manufacture, importation, transportation, distribution, and sale	68367
of beer or intoxicating liquor. The attorney general, any	68368
prosecuting attorney, and any prosecuting officer of a municipal	68369
corporation or a municipal court shall, at the request of the	68370
division of liquor control or the department of public safety,	68371
prosecute any person charged with the violation of any provision	68372
in those chapters or of any section of the Revised Code relating	68373
to the manufacture, importation, transportation, distribution, and	68374
sale of beer or intoxicating liquor.	68375

(5) Determine the locations of all state liquor stores and	68376
manufacturing, distributing, and bottling plants required in	68377
connection with those stores, subject to this chapter and Chapter	68378
4303. of the Revised Code;	68379

(6) Conduct inspections of liquor permit premises to	68380
determine compliance with the administrative provisions of this	68381
chapter and Chapter 4303. of the Revised Code and the rules	68382
adopted under those provisions by the liquor control commission.	68383

Except as otherwise provided in division (A)(6) of this	68384
section, those inspections may be conducted only during those	68385
hours in which the permit holder is open for business and only by	68386
authorized agents or employees of the division or by any peace	68387
officer, as defined in section 2935.01 of the Revised Code.	68388
Inspections may be conducted at other hours only to determine	68389
compliance with laws or commission rules that regulate the hours	68390
of sale of beer or intoxicating liquor and only if the	68391
investigator has reasonable cause to believe that those laws or	68392
rules are being violated. Any inspection conducted pursuant to	68393
division (A)(6) of this section is subject to all of the following	68394
requirements:	68395

(a) The only property that may be confiscated is contraband,	68396
as defined in section 2901.01 of the Revised Code, or property	68397
that is otherwise necessary for evidentiary purposes.	68398

(b) A complete inventory of all property confiscated from the	68399
premises shall be given to the permit holder or the permit	68400
holder's agent or employee by the confiscating agent or officer at	68401
the conclusion of the inspection. At that time, the inventory	68402
shall be signed by the confiscating agent or officer, and the	68403
agent or officer shall give the permit holder or the permit	68404
holder's agent or employee the opportunity to sign the inventory.	68405

(c) Inspections conducted pursuant to division (A)(6) of this	68406
section shall be conducted in a reasonable manner. A finding by	68407
any court of competent jurisdiction that an inspection was not	68408
conducted in a reasonable manner in accordance with this section	68409
or any rules adopted by the commission may be considered grounds	68410
for suppression of evidence. A finding by the commission that an	68411
inspection was not conducted in a reasonable manner in accordance	68412
with this section or any rules adopted by it may be considered	68413
grounds for dismissal of the commission case.	68414

If any court of competent jurisdiction finds that property	68415
confiscated as the result of an administrative inspection is not	68416
necessary for evidentiary purposes and is not contraband, as	68417
defined in section 2901.01 of the Revised Code, the court shall	68418
order the immediate return of the confiscated property, provided	68419
that property is not otherwise subject to forfeiture, to the	68420
permit holder. However, the return of this property is not grounds	68421
for dismissal of the case. The commission likewise may order the	68422
return of confiscated property if no criminal prosecution is	68423
pending or anticipated.	68424

(7) Delegate to any of its agents or employees any power of	68425
investigation that the division possesses with respect to the	68426
enforcement of any of the administrative laws relating to beer or	68427
intoxicating liquor, provided that this division does not	68428
authorize the division to designate any agent or employee to serve	68429
as an enforcement agent. The employment and designation of	68430
enforcement agents shall be within the exclusive authority of the	68431
director of public safety pursuant to sections 5502.13 to 5502.19	68432
of the Revised Code.	68433

(8) Collect the following fees:

68434

(a) A biennial fifty-dollar registration fee for each agent,	68435
solicitor, trade marketing professional, or salesperson,	68436
registered pursuant to section 4303.25 of the Revised Code, of a	68437
beer or intoxicating liquor manufacturer, supplier, broker, trade	68438
marketing company, or wholesale distributor doing business in this	68439
state;	68440

(b) A fifty-dollar product registration fee for each new beer	68441
or intoxicating liquor product sold in this state. The product	68442
registration fee also applies to products sold in this state by	68443
B-2a and S permit holders. The product registration fee shall be	68444
accompanied by a copy of the federal label and product approval	68445
for the new product.	68446

(c) An annual three-hundred-dollar supplier registration fee	68447
from each manufacturer or supplier that produces and ships into	68448
this state, or ships into this state, intoxicating liquor or beer,	68449
in addition to an initial application fee of one hundred dollars.	68450
A manufacturer that produces and ships beer or wine into this	68451
state and that holds only an S permit is exempt from the supplier	68452
registration fee. A manufacturer that produces and ships wine into	68453
this state and that holds a B-2a permit shall pay an annual	68454
seventy-six-dollar supplier registration fee. A manufacturer that	68455
produces and ships wine into this state and that does not hold	68456
either an S or a B-2a permit, but that produces less than two	68457
hundred fifty thousand gallons of wine per year and that is	68458
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	68459
annual seventy-six-dollar supplier registration fee. A B-2a or S	68460
permit holder that does not sell its wine to wholesale	68461
distributors of wine in this state and an S permit holder that	68462
does not sell its beer to wholesale distributors of beer in this	68463
state shall not be required to submit to the division territory	68464
designation forms.	68465

Each supplier, agent, solicitor, trade marketing	68466
professional, or salesperson registration issued under this	68467
division shall authorize the person named to carry on the activity	68468
specified in the registration. Each agent, solicitor, trade	68469
marketing professional, or salesperson registration is valid for	68470
two years or for the unexpired portion of a two-year registration	68471
period. Each supplier registration is valid for one year or for	68472
the unexpired portion of a one-year registration period.	68473
Registrations shall end on their respective uniform expiration	68474
date, which shall be designated by the division, and are subject	68475
to suspension, revocation, cancellation, or fine as authorized by	68476
this chapter and Chapter 4303. of the Revised Code.	68477

As used in this division, "trade marketing company" and	68478
"trade marketing professional" have the same meanings as in	68479
section 4301.171 of the Revised Code.	68480

(9) Establish a system of electronic data interchange within	68481
the division and regulate the electronic transfer of information	68482
and funds among persons and governmental entities engaged in the	68483
manufacture, distribution, and retail sale of alcoholic beverages;	68484

(10) Notify all holders of retail permits of the forms of	68485
permissible identification for purposes of division (A) of section	68486
4301.639 of the Revised Code;	68487

(11) Exercise all other powers expressly or by necessary	68488
implication conferred upon the division by this chapter and	68489
Chapter 4303. of the Revised Code, and all powers necessary for	68490
the exercise or discharge of any power, duty, or function	68491
expressly conferred or imposed upon the division by those	68492
chapters.	68493

(B) The division may do all of the following:

68494

(1) Sue, but may be sued only in connection with the	68495
execution of leases of real estate and the purchases and contracts	68496
necessary for the operation of the state liquor stores that are	68497
made under this chapter and Chapter 4303. of the Revised Code;	68498

(2) Enter into leases and contracts of all descriptions and	68499
acquire and transfer title to personal property with regard to the	68500
sale, distribution, and storage of spirituous liquor within the	68501
state;	68502

(3) Terminate at will any lease entered into pursuant to	68503
division (B)(2) of this section upon first giving ninety days'	68504
notice in writing to the lessor of its intention to do so;	68505

(4) Fix the wholesale and retail prices at which the various	68506
classes, varieties, and brands of spirituous liquor shall be sold	68507
by the division. Those retail prices shall be the same at all	68508
state liquor stores, except to the extent that a price	68509
differential is required to collect a county sales tax levied	68510
pursuant to section 5739.021 of the Revised Code and for which tax	68511
the tax commissioner has authorized prepayment pursuant to section	68512
5739.05 of the Revised Code. In fixing selling prices, the	68513
division shall compute an anticipated gross profit at least	68514
sufficient to provide in each calendar year all costs and expenses	68515
of the division and also an adequate working capital reserve for	68516
the division. The gross profit shall not exceed forty per cent of	68517
the retail selling price based on costs of the division, and in	68518
addition the sum required by section 4301.12 of the Revised Code	68519
to be paid into the state treasury. An amount equal to one and	68520
one-half per cent of that gross profit shall be paid into the	68521
statewide treatment and prevention fund created by section 4301.30	68522
of the Revised Code and be appropriated by the general assembly	68523
from the fund to the department of ~~alcohol and drug addiction~~	68524
~~services~~mental health and addiction services as provided in	68525
section 4301.30 of the Revised Code.	68526

On spirituous liquor manufactured in this state from the	68527
juice of grapes or fruits grown in this state, the division shall	68528
compute an anticipated gross profit of not to exceed ten per cent.	68529

The wholesale prices fixed under this division shall be at a	68530
discount of not less than six per cent of the retail selling	68531
prices as determined by the division in accordance with this	68532
section.	68533

(C) The division may approve the expansion or diminution of a	68534
premises to which a liquor permit has been issued and may adopt	68535
standards governing such an expansion or diminution.	68536

Sec. 4301.30. (A) All fees collected by the division of	68537
liquor control shall be deposited in the state treasury to the	68538
credit of the undivided liquor permit fund, which is hereby	68539
created, at the time prescribed under section 4301.12 of the	68540
Revised Code. Each payment shall be accompanied by a statement	68541
showing separately the amount collected for each class of permits	68542
in each municipal corporation and in each township outside the	68543
limits of any municipal corporation in such township.	68544

(B)(1) An amount equal to forty-five per cent of the fund	68545
shall be paid from the fund into the state liquor regulatory fund,	68546
which is hereby created in the state treasury. The state liquor	68547
regulatory fund shall be used to pay the operating expenses of the	68548
division of liquor control in administering and enforcing Title	68549
XLIII of the Revised Code and the operating expenses of the liquor	68550
control commission. Investment earnings of the fund shall be	68551
credited to the fund.	68552

(2) Whenever, in the judgment of the director of budget and	68553
management, the amount of money that is in the state liquor	68554
regulatory fund is in excess of the amount that is needed to pay	68555
the operating expenses of the division in administering and	68556
enforcing Title XLIII of the Revised Code and the operating	68557
expenses of the commission, the director shall credit the excess	68558
amount to the general revenue fund.	68559

(C) Twenty per cent of the undivided liquor permit fund shall	68560
be paid into the statewide treatment and prevention fund, which is	68561
hereby created in the state treasury. This amount shall be	68562
appropriated by the general assembly, together with an amount	68563
equal to one and one-half per cent of the gross profit of the	68564
division of liquor control derived under division (B)(4) of	68565
section 4301.10 of the Revised Code, to the department of ~~alcohol~~	68566
~~and drug addiction services~~mental health and addiction services.	68567
In planning for the allocation of and in allocating these amounts	68568
for the purposes of Chapter ~~3793.~~5119. of the Revised Code, the	68569
department ~~of alcohol and drug addiction services~~ shall comply	68570
with the nondiscrimination provisions of Title VI of the Civil	68571
Rights Act of 1964, and any rules adopted under that act.	68572

(D) Thirty-five per cent of the undivided liquor permit fund	68573
shall be distributed by the superintendent of liquor control at	68574
quarterly calendar periods as follows:	68575

(1) To each municipal corporation, the aggregate amount shown	68576
by the statements to have been collected from permits in the	68577
municipal corporation, for the use of the general fund of the	68578
municipal corporation;	68579

(2) To each township, the aggregate amount shown by the	68580
statements to have been collected from permits in its territory,	68581
outside the limits of any municipal corporation located in the	68582
township, for the use of the general fund of the township, or for	68583
fire protection purposes, including buildings and equipment in the	68584
township or in an established fire district within the township,	68585
to the extent that the funds are derived from liquor permits	68586
within the territory comprising such fire district.	68587

(E) For the purpose of the distribution required by this	68588
section, E, H, and D permits covering boats or vessels are deemed	68589
to have been issued in the municipal corporation or township	68590
wherein the owner or operator of the vehicle, boat, vessel, or	68591
dining car equipment to which the permit relates has the owner's	68592
or operator's principal office or place of business within the	68593
state.	68594

(F) If the liquor control commission determines that the	68595
police or other officers of any municipal corporation or township	68596
entitled to share in distributions under this section are refusing	68597
or culpably neglecting to enforce this chapter and Chapter 4303.	68598
of the Revised Code, or the penal laws of this state relating to	68599
the manufacture, importation, transportation, distribution, and	68600
sale of beer and intoxicating liquors, or if the prosecuting	68601
officer of a municipal corporation or a municipal court fails to	68602
comply with the request of the commission authorized by division	68603
(A)(4) of section 4301.10 of the Revised Code, the commission, by	68604
certified mail, may notify the chief executive officer of the	68605
municipal corporation or the board of township trustees of the	68606
township of the failure and require the immediate cooperation of	68607
the responsible officers of the municipal corporation or township	68608
with the division of liquor control in the enforcement of those	68609
chapters and penal laws. Within thirty days after the notice is	68610
served, the commission shall determine whether the requirement has	68611
been complied with. If the commission determines that the	68612
requirement has not been complied with, it may issue an order to	68613
the superintendent to withhold the distributive share of the	68614
municipal corporation or township until further order of the	68615
commission. This action of the commission is reviewable within	68616
thirty days thereafter in the court of common pleas of Franklin	68617
county.	68618

(G) All fees collected by the division of liquor control from	68619
the issuance or renewal of B-2a and S permits, and paid by B-2a	68620
and S permit holders who do not also hold A-2 permits, shall be	68621
deposited in the state treasury to the credit of the state liquor	68622
regulatory fund. Once during each fiscal year, an amount equal to	68623
fifty per cent of the fees collected shall be paid from the state	68624
liquor regulatory fund into the general revenue fund.	68625

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	68626
the Revised Code:	68627

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	68628
fluid ounces.	68629

(2) "Sale" or "sell" includes exchange, barter, gift,	68630
distribution, and, except with respect to A-4 permit holders,	68631
offer for sale.	68632

(B) For the purposes of providing revenues for the support of	68633
the state and encouraging the grape industries in the state, a tax	68634
is hereby levied on the sale or distribution of wine in Ohio,	68635
except for known sacramental purposes, at the rate of thirty cents	68636
per wine gallon for wine containing not less than four per cent of	68637
alcohol by volume and not more than fourteen per cent of alcohol	68638
by volume, ninety-eight cents per wine gallon for wine containing	68639
more than fourteen per cent but not more than twenty-one per cent	68640
of alcohol by volume, one dollar and eight cents per wine gallon	68641
for vermouth, and one dollar and forty-eight cents per wine gallon	68642
for sparkling and carbonated wine and champagne, the tax to be	68643
paid by the holders of A-2 and B-5 permits or by any other person	68644
selling or distributing wine upon which no tax has been paid. From	68645
the tax paid under this section on wine, vermouth, and sparkling	68646
and carbonated wine and champagne, the treasurer of state shall	68647
credit to the Ohio grape industries fund created under section	68648
924.54 of the Revised Code a sum equal to one cent per gallon for	68649
each gallon upon which the tax is paid.	68650

(C) For the purpose of providing revenues for the support of	68651
the state, there is hereby levied a tax on prepared and bottled	68652
highballs, cocktails, cordials, and other mixed beverages at the	68653
rate of one dollar and twenty cents per wine gallon to be paid by	68654
holders of A-4 permits or by any other person selling or	68655
distributing those products upon which no tax has been paid. Only	68656
one sale of the same article shall be used in computing the amount	68657
of tax due. The tax on mixed beverages to be paid by holders of	68658
A-4 permits under this section shall not attach until the	68659
ownership of the mixed beverage is transferred for valuable	68660
consideration to a wholesaler or retailer, and no payment of the	68661
tax shall be required prior to that time.	68662

(D) During the period of July 1, ~~2011~~2013, through June 30,	68663
~~2013~~2015, from the tax paid under this section on wine, vermouth,	68664
and sparkling and carbonated wine and champagne, the treasurer of	68665
state shall credit to the Ohio grape industries fund created under	68666
section 924.54 of the Revised Code a sum equal to two cents per	68667
gallon upon which the tax is paid. The amount credited under this	68668
division is in addition to the amount credited to the Ohio grape	68669
industries fund under division (B) of this section.	68670

(E) For the purpose of providing revenues for the support of	68671
the state, there is hereby levied a tax on cider at the rate of	68672
twenty-four cents per wine gallon to be paid by the holders of A-2	68673
and B-5 permits or by any other person selling or distributing	68674
cider upon which no tax has been paid. Only one sale of the same	68675
article shall be used in computing the amount of the tax due.	68676

Sec. 4305.131. (A) If any permit holder fails to pay the	68677
taxes levied by section 4301.42, 4301.43, 4301.432, or 4305.01 of	68678
the Revised Code in the manner prescribed by section 4303.33 of	68679
the Revised Code, or by section 4301.421 or 4301.424 of the	68680
Revised Code in the manner prescribed in section 4301.422 of the	68681
Revised Code, and by the rules of the tax commissioner, the	68682
commissioner may make an assessment against the permit holder	68683
based upon any information in the commissioner's possession.	68684

No assessment shall be made against any permit holder for any	68685
taxes imposed by section 4301.42, 4301.421, 4301.424, 4301.43,	68686
4301.432, or 4305.01 of the Revised Code more than three years	68687
after the last day of the calendar month in which the sale was	68688
made or more than three years after the return for that period is	68689
filed, whichever is later. This section does not bar an assessment	68690
against any permit holder or registrant as provided in section	68691
4303.331 of the Revised Code who fails to file a return as	68692
required by section 4301.422 or 4303.33 of the Revised Code, or	68693
who files a fraudulent return.	68694

A penalty of up to thirty per cent may be added to the amount	68695
of every assessment made under this section. The commissioner may	68696
adopt rules providing for the imposition and remission of	68697
penalties added to assessments made under this section.	68698

The commissioner shall give the party assessed written notice	68699
of the assessment in the manner provided in section 5703.37 of the	68700
Revised Code. With the notice, the commissioner shall provide	68701
instructions on how to petition for reassessment and request a	68702
hearing on the petition.	68703

(B) Unless the party assessed files with the tax commissioner	68704
within sixty days after service of the notice of assessment,	68705
either personally or by certified mail, a written petition for	68706
reassessment, signed by the party assessed or that party's	68707
authorized agent having knowledge of the facts, the assessment	68708
becomes final and the amount of the assessment is due and payable	68709
from the party assessed to the treasurer of state. The petition	68710
shall indicate the objections of the party assessed, but	68711
additional objections may be raised in writing if received by the	68712
commissioner prior to the date shown on the final determination.	68713
If the petition has been properly filed, the commissioner shall	68714
proceed under section 5703.60 of the Revised Code.	68715

(C) After an assessment becomes final, if any portion of the	68716
assessment remains unpaid, including accrued interest, a certified	68717
copy of the tax commissioner's entry making the assessment final	68718
may be filed in the office of the clerk of the court of common	68719
pleas in the county in which the permit holder's place of business	68720
is located or the county in which the party assessed resides. If	68721
the party assessed maintains no place of business in this state	68722
and is not a resident of this state, the certified copy of the	68723
entry may be filed in the office of the clerk of the court of	68724
common pleas of Franklin county.	68725

Immediately upon the filing of the entry, the clerk shall	68726
enter a judgment for the state against the party assessed in the	68727
amount shown on the entry. The judgment may be filed by the clerk	68728
in a loose-leaf book entitled "special judgments for state beer	68729
and liquor sales taxes," and shall have the same effect as other	68730
judgments. Execution shall issue upon the judgment upon the	68731
request of the commissioner, and all laws applicable to sales on	68732
execution shall apply to sales made under the judgment, except as	68733
otherwise provided in this chapter and Chapters 4301. and 4307. of	68734
the Revised Code.	68735

~~The portion of~~If the assessment is not paid in its entirety	68736
within sixty days after the day the assessment was issued, the	68737
portion of the assessment consisting of tax due shall bear	68738
interest at the rate per annum prescribed by section 5703.47 of	68739
the Revised Code from the day the commissioner issues the	68740
assessment until it is paid or until it is certified to the	68741
attorney general for collection under section 131.02 of the	68742
Revised Code, whichever comes first. If the unpaid portion of the	68743
assessment is certified to the attorney general for collection,	68744
the entire unpaid portion of the assessment shall bear interest at	68745
the rate per annum prescribed by section 5703.47 of the Revised	68746
Code from the date of certification until the date it is paid in	68747
its entirety. Interest shall be paid in the same manner as the tax	68748
and may be collected by the issuance of an assessment under this	68749
section.	68750

(D) All money collected under this section shall be	68751
considered as revenue arising from the taxes imposed by sections	68752
4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of the	68753
Revised Code.	68754

Sec. 4501.01. As used in this chapter and Chapters 4503.,	68755
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	68756
Revised Code, and in the penal laws, except as otherwise provided:	68757

(A) "Vehicles" means everything on wheels or runners,	68758
including motorized bicycles, but does not mean electric personal	68759
assistive mobility devices, vehicles that are operated exclusively	68760
on rails or tracks or from overhead electric trolley wires, and	68761
vehicles that belong to any police department, municipal fire	68762
department, or volunteer fire department, or that are used by such	68763
a department in the discharge of its functions.	68764

(B) "Motor vehicle" means any vehicle, including mobile homes	68765
and recreational vehicles, that is propelled or drawn by power	68766
other than muscular power or power collected from overhead	68767
electric trolley wires. "Motor vehicle" does not include utility	68768
vehicles as defined in division (VV) of this section, motorized	68769
bicycles, road rollers, traction engines, power shovels, power	68770
cranes, and other equipment used in construction work and not	68771
designed for or employed in general highway transportation,	68772
well-drilling machinery, ditch-digging machinery, farm machinery,	68773
and trailers that are designed and used exclusively to transport a	68774
boat between a place of storage and a marina, or in and around a	68775
marina, when drawn or towed on a public road or highway for a	68776
distance of no more than ten miles and at a speed of twenty-five	68777
miles per hour or less.	68778

(C) "Agricultural tractor" and "traction engine" mean any	68779
self-propelling vehicle that is designed or used for drawing other	68780
vehicles or wheeled machinery, but has no provisions for carrying	68781
loads independently of such other vehicles, and that is used	68782
principally for agricultural purposes.	68783

(D) "Commercial tractor," except as defined in division (C)	68784
of this section, means any motor vehicle that has motive power and	68785
either is designed or used for drawing other motor vehicles, or is	68786
designed or used for drawing another motor vehicle while carrying	68787
a portion of the other motor vehicle or its load, or both.	68788

(E) "Passenger car" means any motor vehicle that is designed	68789
and used for carrying not more than nine persons and includes any	68790
motor vehicle that is designed and used for carrying not more than	68791
fifteen persons in a ridesharing arrangement.	68792

(F) "Collector's vehicle" means any motor vehicle or	68793
agricultural tractor or traction engine that is of special	68794
interest, that has a fair market value of one hundred dollars or	68795
more, whether operable or not, and that is owned, operated,	68796
collected, preserved, restored, maintained, or used essentially as	68797
a collector's item, leisure pursuit, or investment, but not as the	68798
owner's principal means of transportation. "Licensed collector's	68799
vehicle" means a collector's vehicle, other than an agricultural	68800
tractor or traction engine, that displays current, valid license	68801
tags issued under section 4503.45 of the Revised Code, or a	68802
similar type of motor vehicle that displays current, valid license	68803
tags issued under substantially equivalent provisions in the laws	68804
of other states.	68805

(G) "Historical motor vehicle" means any motor vehicle that	68806
is over twenty-five years old and is owned solely as a collector's	68807
item and for participation in club activities, exhibitions, tours,	68808
parades, and similar uses, but that in no event is used for	68809
general transportation.	68810

(H) "Noncommercial motor vehicle" means any motor vehicle,	68811
including a farm truck as defined in section 4503.04 of the	68812
Revised Code, that is designed by the manufacturer to carry a load	68813
of no more than one ton and is used exclusively for purposes other	68814
than engaging in business for profit.	68815

(I) "Bus" means any motor vehicle that has motor power and is	68816
designed and used for carrying more than nine passengers, except	68817
any motor vehicle that is designed and used for carrying not more	68818
than fifteen passengers in a ridesharing arrangement.	68819

(J) "Commercial car" or "truck" means any motor vehicle that	68820
has motor power and is designed and used for carrying merchandise	68821
or freight, or that is used as a commercial tractor.	68822

(K) "Bicycle" means every device, other than a tricycle that	68823
is designed solely for use as a play vehicle by a child, that is	68824
propelled solely by human power upon which any person may ride,	68825
and that has two tandem wheels, or one wheel in front and two	68826
wheels in the rear, or two wheels in the front and one wheel in	68827
the rear, any of which is more than fourteen inches in diameter.	68828

(L) "Motorized bicycle" means any vehicle that either has two	68829
tandem wheels or one wheel in the front and two wheels in the	68830
rear, that is capable of being pedaled, and that is equipped with	68831
a helper motor of not more than fifty cubic centimeters piston	68832
displacement that produces no more than one brake horsepower and	68833
is capable of propelling the vehicle at a speed of no greater than	68834
twenty miles per hour on a level surface.	68835

(M) "Trailer" means any vehicle without motive power that is	68836
designed or used for carrying property or persons wholly on its	68837
own structure and for being drawn by a motor vehicle, and includes	68838
any such vehicle that is formed by or operated as a combination of	68839
a semitrailer and a vehicle of the dolly type such as that	68840
commonly known as a trailer dolly, a vehicle used to transport	68841
agricultural produce or agricultural production materials between	68842
a local place of storage or supply and the farm when drawn or	68843
towed on a public road or highway at a speed greater than	68844
twenty-five miles per hour, and a vehicle that is designed and	68845
used exclusively to transport a boat between a place of storage	68846
and a marina, or in and around a marina, when drawn or towed on a	68847
public road or highway for a distance of more than ten miles or at	68848
a speed of more than twenty-five miles per hour. "Trailer" does	68849
not include a manufactured home or travel trailer.	68850

(N) "Noncommercial trailer" means any trailer, except a	68851
travel trailer or trailer that is used to transport a boat as	68852
described in division (B) of this section, but, where applicable,	68853
includes a vehicle that is used to transport a boat as described	68854
in division (M) of this section, that has a gross weight of no	68855
more than ten thousand pounds, and that is used exclusively for	68856
purposes other than engaging in business for a profit, such as the	68857
transportation of personal items for personal or recreational	68858
purposes.	68859

(O) "Mobile home" means a building unit or assembly of closed	68860
construction that is fabricated in an off-site facility, is more	68861
than thirty-five body feet in length or, when erected on site, is	68862
three hundred twenty or more square feet, is built on a permanent	68863
chassis, is transportable in one or more sections, and does not	68864
qualify as a manufactured home as defined in division (C)(4) of	68865
section 3781.06 of the Revised Code or as an industrialized unit	68866
as defined in division (C)(3) of section 3781.06 of the Revised	68867
Code.	68868

(P) "Semitrailer" means any vehicle of the trailer type that	68869
does not have motive power and is so designed or used with another	68870
and separate motor vehicle that in operation a part of its own	68871
weight or that of its load, or both, rests upon and is carried by	68872
the other vehicle furnishing the motive power for propelling	68873
itself and the vehicle referred to in this division, and includes,	68874
for the purpose only of registration and taxation under those	68875
chapters, any vehicle of the dolly type, such as a trailer dolly,	68876
that is designed or used for the conversion of a semitrailer into	68877
a trailer.	68878

(Q) "Recreational vehicle" means a vehicular portable	68879
structure that meets all of the following conditions:	68880

(1) It is designed for the sole purpose of recreational	68881
travel.	68882

(2) It is not used for the purpose of engaging in business	68883
for profit.	68884

(3) It is not used for the purpose of engaging in intrastate	68885
commerce.	68886

(4) It is not used for the purpose of commerce as defined in	68887
49 C.F.R. 383.5, as amended.	68888

(5) It is not regulated by the public utilities commission	68889
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	68890

(6) It is classed as one of the following:

68891

(a) "Travel trailer" means a nonself-propelled recreational	68892
vehicle that does not exceed an overall length of thirty-five	68893
feet, exclusive of bumper and tongue or coupling, and contains	68894
less than three hundred twenty square feet of space when erected	68895
on site. "Travel trailer" includes a tent-type fold-out camping	68896
trailer as defined in section 4517.01 of the Revised Code.	68897

(b) "Motor home" means a self-propelled recreational vehicle	68898
that has no fifth wheel and is constructed with permanently	68899
installed facilities for cold storage, cooking and consuming of	68900
food, and for sleeping.	68901

(c) "Truck camper" means a nonself-propelled recreational	68902
vehicle that does not have wheels for road use and is designed to	68903
be placed upon and attached to a motor vehicle. "Truck camper"	68904
does not include truck covers that consist of walls and a roof,	68905
but do not have floors and facilities enabling them to be used as	68906
a dwelling.	68907

(d) "Fifth wheel trailer" means a vehicle that is of such	68908
size and weight as to be movable without a special highway permit,	68909
that has a gross trailer area of four hundred square feet or less,	68910
that is constructed with a raised forward section that allows a	68911
bi-level floor plan, and that is designed to be towed by a vehicle	68912
equipped with a fifth-wheel hitch ordinarily installed in the bed	68913
of a truck.	68914

(e) "Park trailer" means a vehicle that is commonly known as	68915
a park model recreational vehicle, meets the American national	68916
standard institute standard A119.5 (1988) for park trailers, is	68917
built on a single chassis, has a gross trailer area of four	68918
hundred square feet or less when set up, is designed for seasonal	68919
or temporary living quarters, and may be connected to utilities	68920
necessary for the operation of installed features and appliances.	68921

(R) "Pneumatic tires" means tires of rubber and fabric or	68922
tires of similar material, that are inflated with air.	68923

(S) "Solid tires" means tires of rubber or similar elastic	68924
material that are not dependent upon confined air for support of	68925
the load.	68926

(T) "Solid tire vehicle" means any vehicle that is equipped	68927
with two or more solid tires.	68928

(U) "Farm machinery" means all machines and tools that are	68929
used in the production, harvesting, and care of farm products, and	68930
includes trailers that are used to transport agricultural produce	68931
or agricultural production materials between a local place of	68932
storage or supply and the farm, agricultural tractors, threshing	68933
machinery, hay-baling machinery, corn shellers, hammermills, and	68934
machinery used in the production of horticultural, agricultural,	68935
and vegetable products.	68936

(V) "Owner" includes any person or firm, other than a	68937
manufacturer or dealer, that has title to a motor vehicle, except	68938
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	68939
includes in addition manufacturers and dealers.	68940

(W) "Manufacturer" and "dealer" include all persons and firms	68941
that are regularly engaged in the business of manufacturing,	68942
selling, displaying, offering for sale, or dealing in motor	68943
vehicles, at an established place of business that is used	68944
exclusively for the purpose of manufacturing, selling, displaying,	68945
offering for sale, or dealing in motor vehicles. A place of	68946
business that is used for manufacturing, selling, displaying,	68947
offering for sale, or dealing in motor vehicles shall be deemed to	68948
be used exclusively for those purposes even though snowmobiles or	68949
all-purpose vehicles are sold or displayed for sale thereat, even	68950
though farm machinery is sold or displayed for sale thereat, or	68951
even though repair, accessory, gasoline and oil, storage, parts,	68952
service, or paint departments are maintained thereat, or, in any	68953
county having a population of less than seventy-five thousand at	68954
the last federal census, even though a department in a place of	68955
business is used to dismantle, salvage, or rebuild motor vehicles	68956
by means of used parts, if such departments are operated for the	68957
purpose of furthering and assisting in the business of	68958
manufacturing, selling, displaying, offering for sale, or dealing	68959
in motor vehicles. Places of business or departments in a place of	68960
business used to dismantle, salvage, or rebuild motor vehicles by	68961
means of using used parts are not considered as being maintained	68962
for the purpose of assisting or furthering the manufacturing,	68963
selling, displaying, and offering for sale or dealing in motor	68964
vehicles.	68965

(X) "Operator" includes any person who drives or operates a	68966
motor vehicle upon the public highways.	68967

(Y) "Chauffeur" means any operator who operates a motor	68968
vehicle, other than a taxicab, as an employee for hire; or any	68969
operator whether or not the owner of a motor vehicle, other than a	68970
taxicab, who operates such vehicle for transporting, for gain,	68971
compensation, or profit, either persons or property owned by	68972
another. Any operator of a motor vehicle who is voluntarily	68973
involved in a ridesharing arrangement is not considered an	68974
employee for hire or operating such vehicle for gain,	68975
compensation, or profit.	68976

(Z) "State" includes the territories and federal districts of	68977
the United States, and the provinces of Canada.	68978

(AA) "Public roads and highways" for vehicles includes all	68979
public thoroughfares, bridges, and culverts.	68980

(BB) "Manufacturer's number" means the manufacturer's	68981
original serial number that is affixed to or imprinted upon the	68982
chassis or other part of the motor vehicle.	68983

(CC) "Motor number" means the manufacturer's original number	68984
that is affixed to or imprinted upon the engine or motor of the	68985
vehicle.	68986

(DD) "Distributor" means any person who is authorized by a	68987
motor vehicle manufacturer to distribute new motor vehicles to	68988
licensed motor vehicle dealers at an established place of business	68989
that is used exclusively for the purpose of distributing new motor	68990
vehicles to licensed motor vehicle dealers, except when the	68991
distributor also is a new motor vehicle dealer, in which case the	68992
distributor may distribute at the location of the distributor's	68993
licensed dealership.	68994

(EE) "Ridesharing arrangement" means the transportation of	68995
persons in a motor vehicle where the transportation is incidental	68996
to another purpose of a volunteer driver and includes ridesharing	68997
arrangements known as carpools, vanpools, and buspools.	68998

(FF) "Apportionable vehicle" means any vehicle that is used	68999
or intended for use in two or more international registration plan	69000
member jurisdictions that allocate or proportionally register	69001
vehicles, that is used for the transportation of persons for hire	69002
or designed, used, or maintained primarily for the transportation	69003
of property, and that meets any of the following qualifications:	69004

(1) Is a power unit having a gross vehicle weight in excess	69005
of twenty-six thousand pounds;	69006

(2) Is a power unit having three or more axles, regardless of	69007
the gross vehicle weight;	69008

(3) Is a combination vehicle with a gross vehicle weight in	69009
excess of twenty-six thousand pounds.	69010

"Apportionable vehicle" does not include recreational	69011
vehicles, vehicles displaying restricted plates, city pick-up and	69012
delivery vehicles, buses used for the transportation of chartered	69013
parties, or vehicles owned and operated by the United States, this	69014
state, or any political subdivisions thereof.	69015

(GG) "Chartered party" means a group of persons who contract	69016
as a group to acquire the exclusive use of a passenger-carrying	69017
motor vehicle at a fixed charge for the vehicle in accordance with	69018
the carrier's tariff, lawfully on file with the United States	69019
department of transportation, for the purpose of group travel to a	69020
specified destination or for a particular itinerary, either agreed	69021
upon in advance or modified by the chartered group after having	69022
left the place of origin.	69023

(HH) "International registration plan" means a reciprocal	69024
agreement of member jurisdictions that is endorsed by the American	69025
association of motor vehicle administrators, and that promotes and	69026
encourages the fullest possible use of the highway system by	69027
authorizing apportioned registration of fleets of vehicles and	69028
recognizing registration of vehicles apportioned in member	69029
jurisdictions.	69030

(II) "Restricted plate" means a license plate that has a	69031
restriction of time, geographic area, mileage, or commodity, and	69032
includes license plates issued to farm trucks under division (J)	69033
of section 4503.04 of the Revised Code.	69034

(JJ) "Gross vehicle weight," with regard to any commercial	69035
car, trailer, semitrailer, or bus that is taxed at the rates	69036
established under section 4503.042 or 4503.65 of the Revised Code,	69037
means the unladen weight of the vehicle fully equipped plus the	69038
maximum weight of the load to be carried on the vehicle.	69039

(KK) "Combined gross vehicle weight" with regard to any	69040
combination of a commercial car, trailer, and semitrailer, that is	69041
taxed at the rates established under section 4503.042 or 4503.65	69042
of the Revised Code, means the total unladen weight of the	69043
combination of vehicles fully equipped plus the maximum weight of	69044
the load to be carried on that combination of vehicles.	69045

(LL) "Chauffeured limousine" means a motor vehicle that is	69046
designed to carry nine or fewer passengers and is operated for	69047
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	69048
transportation of passengers on public roads and highways along a	69049
route under the control of the person hiring the vehicle and not	69050
over a defined and regular route. "Prearranged contract" means an	69051
agreement, made in advance of boarding, to provide transportation	69052
from a specific location in a chauffeured limousine ~~at a fixed~~	69053
~~rate per hour or trip~~. "Chauffeured limousine" does not include	69054
any vehicle that is used exclusively in the business of funeral	69055
directing.	69056

(MM) "Manufactured home" has the same meaning as in division	69057
(C)(4) of section 3781.06 of the Revised Code.	69058

(NN) "Acquired situs," with respect to a manufactured home or	69059
a mobile home, means to become located in this state by the	69060
placement of the home on real property, but does not include the	69061
placement of a manufactured home or a mobile home in the inventory	69062
of a new motor vehicle dealer or the inventory of a manufacturer,	69063
remanufacturer, or distributor of manufactured or mobile homes.	69064

(OO) "Electronic" includes electrical, digital, magnetic,	69065
optical, electromagnetic, or any other form of technology that	69066
entails capabilities similar to these technologies.	69067

(PP) "Electronic record" means a record generated,	69068
communicated, received, or stored by electronic means for use in	69069
an information system or for transmission from one information	69070
system to another.	69071

(QQ) "Electronic signature" means a signature in electronic	69072
form attached to or logically associated with an electronic	69073
record.	69074

(RR) "Financial transaction device" has the same meaning as	69075
in division (A) of section 113.40 of the Revised Code.	69076

(SS) "Electronic motor vehicle dealer" means a motor vehicle	69077
dealer licensed under Chapter 4517. of the Revised Code whom the	69078
registrar of motor vehicles determines meets the criteria	69079
designated in section 4503.035 of the Revised Code for electronic	69080
motor vehicle dealers and designates as an electronic motor	69081
vehicle dealer under that section.	69082

(TT) "Electric personal assistive mobility device" means a	69083
self-balancing two non-tandem wheeled device that is designed to	69084
transport only one person, has an electric propulsion system of an	69085
average of seven hundred fifty watts, and when ridden on a paved	69086
level surface by an operator who weighs one hundred seventy pounds	69087
has a maximum speed of less than twenty miles per hour.	69088

(UU) "Limited driving privileges" means the privilege to	69089
operate a motor vehicle that a court grants under section 4510.021	69090
of the Revised Code to a person whose driver's or commercial	69091
driver's license or permit or nonresident operating privilege has	69092
been suspended.	69093

(VV) "Utility vehicle" means a self-propelled vehicle	69094
designed with a bed, principally for the purpose of transporting	69095
material or cargo in connection with construction, agricultural,	69096
forestry, grounds maintenance, lawn and garden, materials	69097
handling, or similar activities. "Utility vehicle" includes a	69098
vehicle with a maximum attainable speed of twenty miles per hour	69099
or less that is used exclusively within the boundaries of state	69100
parks by state park employees or volunteers for the operation or	69101
maintenance of state park facilities.	69102

Sec. 4501.21. (A) There is hereby created in the state	69103
treasury the license plate contribution fund. The fund shall	69104
consist of all contributions paid by motor vehicle registrants and	69105
collected by the registrar of motor vehicles pursuant to sections	69106
4503.491, 4503.493, 4503.494, 4503.496, 4503.498, 4503.499,	69107
4503.50, 4503.501, 4503.502, 4503.505, 4503.51, 4503.522,	69108
4503.523, 4503.524, 4503.531, 4503.545, 4503.55, 4503.551,	69109
4503.552, 4503.553, 4503.561, 4503.562, 4503.564, 4503.591,	69110
4503.67, 4503.68, 4503.69, 4503.701, 4503.71, 4503.711, 4503.712,	69111
4503.713, 4503.72, 4503.73, 4503.732, 4503.74, 4503.75, 4503.751,	69112
4503.85, 4503.89, 4503.92, and 4503.94 of the Revised Code.	69113

(B) The registrar shall pay the contributions the registrar	69114
collects in the fund as follows:	69115

The registrar shall pay the contributions received pursuant	69116
to section 4503.491 of the Revised Code to the breast cancer fund	69117
of Ohio, which shall use that money only to pay for programs that	69118
provide assistance and education to Ohio breast cancer patients	69119
and that improve access for such patients to quality health care	69120
and clinical trials and shall not use any of the money for	69121
abortion information, counseling, services, or other	69122
abortion-related activities.	69123

The registrar shall pay the contributions received pursuant	69124
to section 4503.493 of the Revised Code to the autism society of	69125
Ohio, which shall use the contributions for programs and autism	69126
awareness efforts throughout the state.	69127

The registrar shall pay the contributions the registrar	69128
receives pursuant to section 4503.494 of the Revised Code to the	69129
national multiple sclerosis society for distribution in equal	69130
amounts to the northwestern Ohio, Ohio buckeye, and Ohio valley	69131
chapters of the national multiple sclerosis society. These	69132
chapters shall use the money they receive under this section to	69133
assist in paying the expenses they incur in providing services	69134
directly to their clients.	69135

The registrar shall pay the contributions the registrar	69136
receives pursuant to section 4503.496 of the Revised Code to the	69137
Ohio sickle cell and health association, which shall use the	69138
contributions to help support educational, clinical, and social	69139
support services for adults who have sickle cell disease.	69140

The registrar shall pay the contributions the registrar	69141
receives pursuant to section 4503.498 of the Revised Code to	69142
special olympics Ohio, inc., which shall use the contributions for	69143
its programs, charitable efforts, and other activities.	69144

The registrar shall pay the contributions the registrar	69145
receives pursuant to section 4503.499 of the Revised Code to the	69146
children's glioma cancer foundation, which shall use the	69147
contributions for its research and other programs.	69148

The registrar shall pay the contributions the registrar	69149
receives pursuant to section 4503.50 of the Revised Code to the	69150
future farmers of America foundation, which shall deposit the	69151
contributions into its general account to be used for educational	69152
and scholarship purposes of the future farmers of America	69153
foundation.	69154

The registrar shall pay the contributions the registrar	69155
receives pursuant to section 4503.501 of the Revised Code to the	69156
4-H youth development program of the Ohio state university	69157
extension program, which shall use those contributions to pay the	69158
expenses it incurs in conducting its educational activities.	69159

The registrar shall pay the contributions received pursuant	69160
to section 4503.502 of the Revised Code to the Ohio cattlemen's	69161
foundation, which shall use those contributions for scholarships	69162
and other educational activities.	69163

The registrar shall pay the contributions received pursuant	69164
to section 4503.505 of the Revised Code to the organization Ohio	69165
region phi theta kappa, which shall use those contributions for	69166
scholarships for students who are members of that organization.	69167

The registrar shall pay each contribution the registrar	69168
receives pursuant to section 4503.51 of the Revised Code to the	69169
university or college whose name or marking or design appears on	69170
collegiate license plates that are issued to a person under that	69171
section. A university or college that receives contributions from	69172
the fund shall deposit the contributions into its general	69173
scholarship fund.	69174

The registrar shall pay the contributions the registrar	69175
receives pursuant to section 4503.522 of the Revised Code to the	69176
"friends of Perry's victory and international peace memorial,	69177
incorporated," a nonprofit corporation organized under the laws of	69178
this state, to assist that organization in paying the expenses it	69179
incurs in sponsoring or holding charitable, educational, and	69180
cultural events at the monument.	69181

The registrar shall pay the contributions the registrar	69182
receives pursuant to section 4503.523 of the Revised Code to the	69183
fairport lights foundation, which shall use the money to pay for	69184
the restoration, maintenance, and preservation of the lighthouses	69185
of fairport harbor.	69186

The registrar shall pay the contributions the registrar	69187
receives pursuant to section 4503.524 of the Revised Code to the	69188
Massillon tiger football booster club, which shall use the	69189
contributions only to promote and support the football team of	69190
Washington high school of the Massillon city school district.	69191

The registrar shall pay the contributions the registrar	69192
receives pursuant to section 4503.531 of the Revised Code to the	69193
thank you foundation, incorporated, a nonprofit corporation	69194
organized under the laws of this state, to assist that	69195
organization in paying for the charitable activities and programs	69196
it sponsors in support of United States military personnel,	69197
veterans, and their families.	69198

The registrar shall pay the contributions the registrar	69199
receives pursuant to section 4503.55 of the Revised Code to the	69200
pro football hall of fame, which shall deposit the contributions	69201
into a special bank account that it establishes and which shall be	69202
separate and distinct from any other account the pro football hall	69203
of fame maintains, to be used exclusively for the purpose of	69204
promoting the pro football hall of fame as a travel destination.	69205

The registrar shall pay the contributions that are paid to	69206
the registrar pursuant to section 4503.545 of the Revised Code to	69207
the national rifle association foundation, which shall use the	69208
money to pay the costs of the educational activities and programs	69209
the foundation holds or sponsors in this state.	69210

The registrar shall pay to the Ohio pet fund the	69211
contributions the registrar receives pursuant to section 4503.551	69212
of the Revised Code and any other money from any other source,	69213
including donations, gifts, and grants, that is designated by the	69214
source to be paid to the Ohio pet fund. The Ohio pet fund shall	69215
use the moneys it receives under this section to support programs	69216
for the sterilization of dogs and cats and for educational	69217
programs concerning the proper veterinary care of those animals,	69218
and for expenses of the Ohio pet fund that are reasonably	69219
necessary for it to obtain and maintain its tax-exempt status and	69220
to perform its duties.	69221

The registrar shall pay the contributions the registrar	69222
receives pursuant to section 4503.552 of the Revised Code to the	69223
rock and roll hall of fame and museum, incorporated.	69224

The registrar shall pay the contributions the registrar	69225
receives pursuant to section 4503.553 of the Revised Code to the	69226
Ohio coalition for animals, incorporated, a nonprofit corporation.	69227
Except as provided in division (B) of this section, the coalition	69228
shall distribute the money to its members, and the members shall	69229
use the money only to pay for educational, charitable, and other	69230
programs of each coalition member that provide care for unwanted,	69231
abused, and neglected horses. The Ohio coalition for animals may	69232
use a portion of the money to pay for reasonable marketing costs	69233
incurred in the design and promotion of the license plate and for	69234
administrative costs incurred in the disbursement and management	69235
of funds received under this section.	69236

The registrar shall pay the contributions the registrar	69237
receives pursuant to section 4503.561 of the Revised Code to the	69238
state of Ohio chapter of ducks unlimited, inc., which shall	69239
deposit the contributions into a special bank account that it	69240
establishes. The special bank account shall be separate and	69241
distinct from any other account the state of Ohio chapter of ducks	69242
unlimited, inc., maintains and shall be used exclusively for the	69243
purpose of protecting, enhancing, restoring, and managing wetlands	69244
and conserving wildlife habitat. The state of Ohio chapter of	69245
ducks unlimited, inc., annually shall notify the registrar in	69246
writing of the name, address, and account to which such payments	69247
are to be made.	69248

The registrar shall pay the contributions the registrar	69249
receives pursuant to section 4503.562 of the Revised Code to the	69250
Mahoning river consortium, which shall use the money to pay the	69251
expenses it incurs in restoring and maintaining the Mahoning river	69252
watershed.	69253

The registrar shall pay the contributions the registrar	69254
receives pursuant to section 4503.564 of the Revised Code to	69255
Antioch college for the use of the Glen Helen ecology institute to	69256
pay expenses related to the Glen Helen nature preserve.	69257

The registrar shall pay to a sports commission created	69258
pursuant to section 4503.591 of the Revised Code each contribution	69259
the registrar receives under that section that an applicant pays	69260
to obtain license plates that bear the logo of a professional	69261
sports team located in the county of that sports commission and	69262
that is participating in the license plate program pursuant to	69263
division (E) of that section, irrespective of the county of	69264
residence of an applicant.	69265

The registrar shall pay to a community charity each	69266
contribution the registrar receives under section 4503.591 of the	69267
Revised Code that an applicant pays to obtain license plates that	69268
bear the logo of a professional sports team that is participating	69269
in the license plate program pursuant to division (G) of that	69270
section.	69271

The registrar shall pay the contributions the registrar	69272
receives pursuant to section 4503.67 of the Revised Code to the	69273
Dan Beard council of the boy scouts of America. The council shall	69274
distribute all contributions in an equitable manner throughout the	69275
state to regional councils of the boy scouts.	69276

The registrar shall pay the contributions the registrar	69277
receives pursuant to section 4503.68 of the Revised Code to the	69278
great river council of the girl scouts of the United States of	69279
America. The council shall distribute all contributions in an	69280
equitable manner throughout the state to regional councils of the	69281
girl scouts.	69282

The registrar shall pay the contributions the registrar	69283
receives pursuant to section 4503.69 of the Revised Code to the	69284
Dan Beard council of the boy scouts of America. The council shall	69285
distribute all contributions in an equitable manner throughout the	69286
state to regional councils of the boy scouts.	69287

The registrar shall pay the contributions the registrar	69288
receives pursuant to section 4503.701 of the Revised Code to the	69289
Prince Hall grand lodge of free and accepted masons of Ohio, which	69290
shall use the contributions for scholarship purposes.	69291

The registrar shall pay the contributions the registrar	69292
receives pursuant to section 4503.71 of the Revised Code to the	69293
fraternal order of police of Ohio, incorporated, which shall	69294
deposit the fees into its general account to be used for purposes	69295
of the fraternal order of police of Ohio, incorporated.	69296

The registrar shall pay the contributions the registrar	69297
receives pursuant to section 4503.711 of the Revised Code to the	69298
fraternal order of police of Ohio, incorporated, which shall	69299
deposit the contributions into an account that it creates to be	69300
used for the purpose of advancing and protecting the law	69301
enforcement profession, promoting improved law enforcement	69302
methods, and teaching respect for law and order.	69303

The registrar shall pay the contributions received pursuant	69304
to section 4503.712 of the Revised Code to Ohio concerns of police	69305
survivors, which shall use those contributions to provide whatever	69306
assistance may be appropriate to the families of Ohio law	69307
enforcement officers who are killed in the line of duty.	69308

The registrar shall pay the contributions received pursuant	69309
to section 4503.713 of the Revised Code to the greater Cleveland	69310
peace officers memorial society, which shall use those	69311
contributions to honor law enforcement officers who have died in	69312
the line of duty and support its charitable purposes.	69313

The registrar shall pay the contributions the registrar	69314
receives pursuant to section 4503.72 of the Revised Code to the	69315
organization known on March 31, 2003, as the Ohio CASA/GAL	69316
association, a private, nonprofit corporation organized under	69317
Chapter 1702. of the Revised Code. The Ohio CASA/GAL association	69318
shall use these contributions to pay the expenses it incurs in	69319
administering a program to secure the proper representation in the	69320
courts of this state of abused, neglected, and dependent children,	69321
and for the training and supervision of persons participating in	69322
that program.	69323

The registrar shall pay the contributions the registrar	69324
receives pursuant to section 4503.73 of the Revised Code to Wright	69325
B. Flyer, incorporated, which shall deposit the contributions into	69326
its general account to be used for purposes of Wright B. Flyer,	69327
incorporated.	69328

The registrar shall pay the contributions the registrar	69329
receives pursuant to section 4503.732 of the Revised Code to the	69330
Siegel & Shuster society, a nonprofit organization dedicated to	69331
commemorating and celebrating the creation of Superman in	69332
Cleveland, Ohio.	69333

The registrar shall pay the contributions the registrar	69334
receives pursuant to section 4503.74 of the Revised Code to the	69335
Columbus zoological park association, which shall disburse the	69336
moneys to Ohio's major metropolitan zoos, as defined in section	69337
4503.74 of the Revised Code, in accordance with a written	69338
agreement entered into by the major metropolitan zoos.	69339

The registrar shall pay the contributions the registrar	69340
receives pursuant to section 4503.75 of the Revised Code to the	69341
rotary foundation, located on March 31, 2003, in Evanston,	69342
Illinois, to be placed in a fund known as the permanent fund and	69343
used to endow educational and humanitarian programs of the rotary	69344
foundation.	69345

The registrar shall pay the contributions the registrar	69346
receives pursuant to section 4503.751 of the Revised Code to the	69347
Ohio association of realtors, which shall deposit the	69348
contributions into a property disaster relief fund maintained	69349
under the Ohio realtors charitable and education foundation.	69350

The registrar shall pay the contributions the registrar	69351
receives pursuant to section 4503.85 of the Revised Code to the	69352
Ohio sea grant college program to be used for Lake Erie area	69353
research projects.	69354

The registrar shall pay the contributions the registrar	69355
receives pursuant to section 4503.89 of the Revised Code to the	69356
American red cross of greater Columbus on behalf of the Ohio	69357
chapters of the American red cross, which shall use the	69358
contributions for disaster readiness, preparedness, and response	69359
programs on a statewide basis.	69360

The registrar shall pay the contributions received pursuant	69361
to section 4503.92 of the Revised Code to support our troops,	69362
incorporated, a national nonprofit corporation, which shall use	69363
those contributions in accordance with its articles of	69364
incorporation and for the benefit of servicemembers of the armed	69365
forces of the United States and their families when they are in	69366
financial need.	69367

The registrar shall pay the contributions the registrar	69368
receives pursuant to section 4503.94 of the Revised Code to the	69369
Michelle's leading star foundation, which shall use the money	69370
solely to fund the rental, lease, or purchase of the simulated	69371
driving curriculum of the Michelle's leading star foundation by	69372
boards of education of city, exempted village, local, and joint	69373
vocational school districts.	69374

(C) All investment earnings of the license plate contribution	69375
fund shall be credited to the fund. Not later than the first day	69376
of May of every year, the registrar shall distribute to each	69377
entity described in division (B) of this section the investment	69378
income the fund earned the previous calendar year. The amount of	69379
such a distribution paid to an entity shall be proportionate to	69380
the amount of money the entity received from the fund during the	69381
previous calendar year.	69382

Sec. 4503.524. (A) The owner or lessee of any passenger car,	69383
noncommercial motor vehicle, recreational vehicle, or other	69384
vehicle of a class approved by the registrar of motor vehicles may	69385
apply to the registrar for the registration of the vehicle and	69386
issuance of "Massillon tiger football booster club" license	69387
plates. The application for "Massillon tiger football booster	69388
club" license plates may be combined with a request for a special	69389
reserved license plate under section 4503.40 or 4503.42 of the	69390
Revised Code. Upon receipt of the completed application and	69391
compliance with division (B) of this section, the registrar shall	69392
issue to the applicant the appropriate vehicle registration and a	69393
set of "Massillon tiger football booster club" license plates with	69394
a validation sticker or a validation sticker alone when required	69395
by section 4503.191 of the Revised Code. In addition to the	69396
letters and numbers ordinarily inscribed thereon, "Massillon tiger	69397
football booster club" license plates shall be inscribed with	69398
words and markings selected and designed by the Massillon tiger	69399
football booster club and approved by the registrar. "Massillon	69400
tiger football booster club" license plates shall bear county	69401
identification stickers that identify the county of registration	69402
by name or number.	69403

(B) "Massillon tiger football booster club" license plates	69404
and validation stickers shall be issued upon payment of the	69405
regular license tax as prescribed under section 4503.04 of the	69406
Revised Code, any applicable motor vehicle tax levied under	69407
Chapter 4504. of the Revised Code, a bureau of motor vehicles	69408
administrative fee of ten dollars, the contribution specified in	69409
division (C) of this section, and compliance with all other	69410
applicable laws relating to the registration of motor vehicles. If	69411
the application for "Massillon tiger football booster club"	69412
license plates is combined with a request for a special reserved	69413
license plate under section 4503.40 or 4503.42 of the Revised	69414
Code, the license plates and validation sticker shall be issued	69415
upon payment of the contribution, fees, and taxes contained in	69416
this division and the additional fee prescribed under section	69417
4503.40 or 4503.42 of the Revised Code.	69418

(C) For each application for registration and registration	69419
renewal submitted under this section, the registrar shall collect	69420
a contribution of twenty-five dollars. The registrar shall	69421
transmit this contribution to the treasurer of state for deposit	69422
into the license plate contribution fund created in section	69423
4501.21 of the Revised Code.	69424

The registrar shall deposit the ten-dollar bureau	69425
administrative fee, the purpose of which is to compensate the	69426
bureau for additional services required in issuing "Massillon	69427
tiger football booster club" license plates, into the state bureau	69428
of motor vehicles fund created in section 4501.25 of the Revised	69429
Code.	69430

Sec. 4503.62. (A) Application for the registration of an	69431
apportionable vehicle shall be made to the registrar of motor	69432
vehicles in accordance with division (J) of section 4503.10 of the	69433
Revised Code.	69434

(B) Any person applying to register a vehicle or combination	69435
vehicle that has a gross vehicle weight of twenty-six thousand	69436
pounds or less or two axles, or that is a bus used in charter	69437
party service, also may register the vehicle in accordance with	69438
division (J) of section 4503.10 of the Revised Code if the vehicle	69439
is used or intended for use in two or more international	69440
registration plan member jurisdictions.	69441

(C) No later than December 31, 2011, the registrar shall	69442
adopt rules under Chapter 119. of the Revised Code to establish a	69443
program to accept applications for vehicle registration	69444
transactions of apportionable vehicles electronically over the	69445
internet. The program also may provide for vehicle registration	69446
transactions of nonapportionable commercial motor vehicles over	69447
the internet.	69448

(D) The internet registration program shall provide an option	69449
for the payment of all registration taxes and fees by use of a	69450
financial transaction device. In providing for payment by the use	69451
of a financial transaction device, the registrar ~~may, but is not~~	69452
~~required to,~~shall comply with section 113.40 of the Revised Code.	69453
~~The registrar, with the approval of the director of public safety,~~	69454
~~may contract with a third party to accept and process payments~~	69455
~~made by use of a financial transaction device on behalf of the~~	69456
~~bureau of motor vehicles.~~ All fees associated with payment by use	69457
of a financial transaction device shall be borne by the applicants	69458
seeking the registration of apportionable or other vehicles under	69459
the program established pursuant to division (C) of this section.	69460
The bureau shall not pay any costs, and shall not retain any	69461
additional fees, associated with the use of a financial	69462
transaction device.	69463

(E) As used in this section, "financial transaction device"	69464
has the same meaning as in section 113.40 of the Revised Code.	69465

Sec. 4503.732. (A) The owner or lessee of any passenger car,	69466
noncommercial motor vehicle, recreational vehicle, or other	69467
vehicle of a class approved by the registrar of motor vehicles may	69468
apply to the registrar for the registration of the vehicle and	69469
issuance of "Truth, Justice, and the American Way" license plates.	69470
The application may be combined with a request for a special	69471
reserved license plate under section 4503.40 or 4503.42 of the	69472
Revised Code. Upon receipt of an application for registration of a	69473
motor vehicle under this section, the registrar shall issue to the	69474
applicant the appropriate motor vehicle registration and a set of	69475
"Truth, Justice, and the American Way" license plates and a	69476
validation sticker, or a validation sticker alone when required by	69477
section 4503.191 of the Revised Code.	69478

In addition to the letters and numbers ordinarily inscribed	69479
on the license plates, "Truth, Justice, and the American Way"	69480
license plates shall be inscribed with the words "Truth, Justice,	69481
and the American Way" and a design, logo, or marking selected by	69482
the entity that owns the Superman name. The registrar shall	69483
approve the final design after entering into a license agreement	69484
with that entity for appropriate use of the Superman name and	69485
associated logo or marking, as applicable. The license plates	69486
shall bear county identification stickers that identify the county	69487
of registration by name or number.	69488

(B) "Truth, Justice, and the American Way" license plates and	69489
validation stickers shall be issued upon receipt of a contribution	69490
as provided in division (C)(1) of this section and upon payment of	69491
the regular license tax as prescribed under section 4503.04 of the	69492
Revised Code, any applicable motor vehicle license tax levied	69493
under Chapter 4504. of the Revised Code, and a bureau of motor	69494
vehicles administrative fee of ten dollars. The applicant shall	69495
comply with all other applicable laws relating to the registration	69496
of motor vehicles. If the application for "Truth, Justice, and the	69497
American Way" license plates is combined with a request for a	69498
special reserved license plate under section 4503.40 or 4503.42 of	69499
the Revised Code, the license plates and validation sticker shall	69500
be issued upon payment of the fees and taxes specified in this	69501
division and the additional fee prescribed under section 4503.40	69502
or 4503.42 of the Revised Code.	69503

(C)(1) For each application for registration and registration	69504
renewal notice the registrar receives under this section, the	69505
registrar shall collect a contribution of ten dollars. The	69506
registrar shall pay this contribution into the state treasury to	69507
the credit of the license plate contribution fund created in	69508
section 4501.21 of the Revised Code.	69509

(2) The registrar shall pay into the state treasury the	69510
ten-dollar bureau administrative fee, the purpose of which is to	69511
compensate the bureau for additional services required in issuing	69512
"Truth, Justice, and the American Way" license plates, to the	69513
credit of the state bureau of motor vehicles fund created in	69514
section 4501.25 of Revised Code.	69515

Sec. 4505.02. The registrar of motor vehicles shall issue	69516
rules as the registrar determines necessary to ensure uniform and	69517
orderly operation of this chapter and to ensure that the	69518
identification of each applicant for a certificate of title is	69519
reasonably accurate. The clerks of the courts of common pleas	69520
shall conform thereto. The clerks shall provide the forms as	69521
prescribed by the registrar, except the manufacturers' or	69522
importers' certificates. The clerks shall provide, from moneys in	69523
the automated title processing fund, certificates of title and	69524
ribbons, cartridges, or other devices necessary for the operation	69525
of the certificate of title processing equipment as determined by	69526
the automated title processing board pursuant to division (C) of	69527
section 4505.09 of the Revised Code. All other automated title	69528
processing system supplies shall be provided by the clerks.	69529

If it appears that any certificate of title has been	69530
improperly issued, the registrar shall cancel the certificate.	69531
Upon the cancellation of any certificate of title, the registrar	69532
shall notify the clerk who issued it, and the clerk thereupon	69533
shall enter the cancellation upon the clerk's records. The	69534
registrar also shall notify the person to whom such certificate of	69535
title was issued, as well as any lienholders appearing thereon, of	69536
the cancellation and shall demand the surrender of the certificate	69537
of title immediately, but the cancellation shall not affect the	69538
validity of any lien noted thereon. The holder of such certificate	69539
of title immediately shall return it to the registrar. If a	69540
certificate of registration has been issued to the holder of a	69541
certificate of title so canceled the registrar immediately shall	69542
cancel it and demand the return of such certificate of	69543
registration and license plates, and the holder of such	69544
certificate of registration and license plates shall return the	69545
same to the registrar forthwith. The clerks shall keep on hand a	69546
sufficient supply of blank forms, which, except for certificate of	69547
title and memorandum certificate forms, shall be furnished and	69548
distributed without charge to registered manufacturers or dealers,	69549
or other persons residing within the county.	69550

Sec. 4505.09. (A)(1) The clerk of a court of common pleas	69551
shall charge and retain fees as follows:	69552

(a) Five dollars for each certificate of title that is not	69553
applied for within thirty days after the later of the assignment	69554
or delivery of the motor vehicle described in it. The entire fee	69555
shall be retained by the clerk.	69556

(b) Fifteen dollars for each certificate of title or	69557
duplicate certificate of title including the issuance of a	69558
memorandum certificate of title, or authorization to print a	69559
non-negotiable evidence of ownership described in division (G) of	69560
section 4505.08 of the Revised Code, non-negotiable evidence of	69561
ownership printed by the clerk under division (H) of that section,	69562
and notation of any lien on a certificate of title that is applied	69563
for at the same time as the certificate of title. The clerk shall	69564
retain eleven dollars and fifty cents of that fee for each	69565
certificate of title when there is a notation of a lien or	69566
security interest on the certificate of title, twelve dollars and	69567
twenty-five cents when there is no lien or security interest noted	69568
on the certificate of title, and eleven dollars and fifty cents	69569
for each duplicate certificate of title.	69570

(c) Four dollars and fifty cents for each certificate of	69571
title with no security interest noted that is issued to a licensed	69572
motor vehicle dealer for resale purposes and, in addition, a	69573
separate fee of fifty cents. The clerk shall retain two dollars	69574
and twenty-five cents of that fee.	69575

(d) Five dollars for each memorandum certificate of title or	69576
non-negotiable evidence of ownership that is applied for	69577
separately. The clerk shall retain that entire fee.	69578

(2) The fees that are not retained by the clerk shall be paid	69579
to the registrar of motor vehicles by monthly returns, which shall	69580
be forwarded to the registrar not later than the fifth day of the	69581
month next succeeding that in which the certificate is issued or	69582
that in which the registrar is notified of a lien or cancellation	69583
of a lien.	69584

(B)(1) The registrar shall pay twenty-five cents of the	69585
amount received for each certificate of title issued to a motor	69586
vehicle dealer for resale, one dollar for certificates of title	69587
issued with a lien or security interest noted on the certificate	69588
of title, and twenty-five cents for each certificate of title with	69589
no lien or security interest noted on the certificate of title	69590
into the state bureau of motor vehicles fund established in	69591
section 4501.25 of the Revised Code.	69592

(2) Fifty cents of the amount received for each certificate	69593
of title shall be paid by the registrar as follows:	69594

(a) Four cents shall be paid into the state treasury to the	69595
credit of the motor vehicle dealers board fund, which is hereby	69596
created. All investment earnings of the fund shall be credited to	69597
the fund. The moneys in the motor vehicle dealers board fund shall	69598
be used by the motor vehicle dealers board created under section	69599
4517.30 of the Revised Code, together with other moneys	69600
appropriated to it, in the exercise of its powers and the	69601
performance of its duties under Chapter 4517. of the Revised Code,	69602
except that the director of budget and management may transfer	69603
excess money from the motor vehicle dealers board fund to the	69604
bureau of motor vehicles fund if the registrar determines that the	69605
amount of money in the motor vehicle dealers board fund, together	69606
with other moneys appropriated to the board, exceeds the amount	69607
required for the exercise of its powers and the performance of its	69608
duties under Chapter 4517. of the Revised Code and requests the	69609
director to make the transfer.	69610

(b) Twenty-one cents shall be paid into the highway operating	69611
fund.	69612

(c) Twenty-five cents shall be paid into the state treasury	69613
to the credit of the motor vehicle sales audit fund, which is	69614
hereby created. The moneys in the fund shall be used by the tax	69615
commissioner together with other funds available to the	69616
commissioner to conduct a continuing investigation of sales and	69617
use tax returns filed for motor vehicles in order to determine if	69618
sales and use tax liability has been satisfied. The commissioner	69619
shall refer cases of apparent violations of section 2921.13 of the	69620
Revised Code made in connection with the titling or sale of a	69621
motor vehicle and cases of any other apparent violations of the	69622
sales or use tax law to the appropriate county prosecutor whenever	69623
the commissioner considers it advisable.	69624

(3) Two dollars of the amount received by the registrar under	69625
divisions (A)(1)(a), (b), and (d) of this section and one dollar	69626
and fifty cents of the amount received by the registrar under	69627
division (A)(1)(c) of this section for each certificate of title	69628
shall be paid into the state treasury to the credit of the	69629
automated title processing fund, which is hereby created and which	69630
shall consist of moneys collected under division (B)(3) of this	69631
section and under sections 1548.10 and 4519.59 of the Revised	69632
Code. All investment earnings of the fund shall be credited to the	69633
fund. The moneys in the fund shall be used as follows:	69634

(a) Except for moneys collected under section 1548.10 of the	69635
Revised Code and as provided in division (B)(3)(c) of this	69636
section, moneys collected under division (B)(3) of this section	69637
shall be used to implement and maintain an automated title	69638
processing system for the issuance of motor vehicle, off-highway	69639
motorcycle, and all-purpose vehicle certificates of title in the	69640
offices of the clerks of the courts of common pleas.	69641

(b) Moneys collected under section 1548.10 of the Revised	69642
Code shall be used to issue marine certificates of title in the	69643
offices of the clerks of the courts of common pleas as provided in	69644
Chapter 1548. of the Revised Code.	69645

(c) Moneys collected under division (B)(3) of this section	69646
shall be used in accordance with section 4505.25 of the Revised	69647
Code to implement Sub. S.B. 59 of the 124th general assembly.	69648

(4) The registrar shall pay the fifty-cent separate fee	69649
collected from a licensed motor vehicle dealer under division	69650
(A)(1)(c) of this section into the title defect recision fund	69651
created by section 1345.52 of the Revised Code.	69652

(C)(1) The automated title processing board is hereby created	69653
consisting of the registrar or the registrar's representative, a	69654
person selected by the registrar, the president of the Ohio clerks	69655
of court association or the president's representative, and two	69656
clerks of courts of common pleas appointed by the governor. The	69657
director of budget and management or the director's designee, the	69658
chief of the division of watercraft in the department of natural	69659
resources or the chief's designee, and the tax commissioner or the	69660
commissioner's designee shall be nonvoting members of the board.	69661
The purpose of the board is to facilitate the operation and	69662
maintenance of an automated title processing system and approve	69663
the procurement of automated title processing system equipment and	69664
ribbons, cartridges, or other devices necessary for the operation	69665
of that equipment. Voting members of the board, excluding the	69666
registrar or the registrar's representative, shall serve without	69667
compensation, but shall be reimbursed for travel and other	69668
necessary expenses incurred in the conduct of their official	69669
duties. The registrar or the registrar's representative shall	69670
receive neither compensation nor reimbursement as a board member.	69671

(2) The automated title processing board shall determine each	69672
of the following:	69673

(a) The automated title processing equipment and certificates	69674
of title requirements for each county;	69675

(b) The payment of expenses that may be incurred by the	69676
counties in implementing an automated title processing system;	69677

(c) The repayment to the counties for existing title	69678
processing equipment.	69679

(3) The registrar shall purchase, lease, or otherwise acquire	69680
any automated title processing equipment and certificates of title	69681
that the board determines are necessary from moneys in the	69682
automated title processing fund established by division (B)(3) of	69683
this section.	69684

(D) All counties shall conform to the requirements of the	69685
registrar regarding the operation of their automated title	69686
processing system for motor vehicle titles, certificates of title	69687
for off-highway motorcycles and all-purpose vehicles, and	69688
certificates of title for watercraft and outboard motors.	69689

Sec. 4505.101. (A) The following business owners may obtain	69690
a certificate of title to an unclaimed vehicle in the manner	69691
provided in this section:	69692

(1)(a) The owner of any repair garage or place of storage in	69693
which a motor vehicle with a value of less than ~~two~~five thousand	69694
~~five hundred~~ dollars has been left unclaimed for fifteen business	69695
days ~~or more~~ following completion of the requested repair or the	69696
agreed term of storage ~~may~~;	69697

(b) The owner of a private tow truck, towing company, or tow	69698
company place of storage where a motor vehicle with a value of	69699
less than five thousand dollars has been left unclaimed for	69700
fifteen business days from the date the motor vehicle was towed	69701
under division (B) of section 4513.60 of the Revised Code if the	69702
owner either holds a certificate of public convenience and	69703
necessity under section 4921.03 of the Revised Code or is	69704
registered under rules adopted by the public utilities commission	69705
under section 4921.11 of the Revised Code.	69706

(2) The value of the motor vehicle for the purposes of	69707
divisions (A)(1)(a) and (b) of this section shall be determined in	69708
accordance with standards fixed by rule in accordance with Chapter	69709
119. of the Revised Code by the registrar of motor vehicles.	69710

(B) A business owner described in division (A)(1) of this	69711
section shall send by certified mail, return receipt requested, to	69712
the last known address of the owner a notice to remove the motor	69713
vehicle. If the motor vehicle remains unclaimed by the owner for	69714
fifteen business days after the mailing of the notice, and the	69715
~~person~~business owner on whose property the vehicle has been	69716
abandoned has received the signed receipt from the certified mail	69717
or has been notified that the delivery was not possible, the	69718
~~person~~business owner shall obtain a certificate of title, a	69719
salvage certificate of title, or a certificate for destruction	69720
only to the motor vehicle in the ~~person's~~business owner's name in	69721
the manner provided in this section.	69722

(C) The business owner ~~of the repair garage or place of~~	69723
~~storage that~~who mailed the notice shall execute an affidavit	69724
within thirty business days after receiving the signed receipt	69725
from the certified mail or notification that the delivery was not	69726
possible that all of the requirements of this section necessary to	69727
authorize the issuance of a certificate of title or a salvage	69728
certificate of title for the motor vehicle have been met. The	69729
affidavit shall set forth the value of the motor vehicle ~~when~~	69730
~~unclaimed~~ as determined in accordance with standards fixed by the	69731
registrar of motor vehicles in rule in accordance with Chapter	69732
119. of the Revised Code; the length of time that the motor	69733
vehicle has remained unclaimed; the expenses incurred with the	69734
motor vehicle; that a notice to remove the vehicle has been mailed	69735
to the titled owner, if known, by certified mail, return receipt	69736
requested; and that a search of the records of the bureau of motor	69737
vehicles has been made for outstanding liens on the motor vehicle.	69738

(D) No affidavit or application for a certificate for	69739
destruction only shall be executed or filed under this section	69740
until after a search of the records of the bureau of motor	69741
vehicles has been made. If the research reveals any owner of the	69742
motor vehicle, the business owner shall comply with division (B)	69743
of this section. If the research reveals any outstanding lien on	69744
the motor vehicle, the business owner ~~of the repair garage or~~	69745
~~place of storage of the motor vehicle~~ shall notify the mortgagee	69746
or lienholder by certified mail, return receipt requested, stating	69747
where the motor vehicle is located and the value of the vehicle.	69748
Unless the mortgagee or lienholder claims the motor vehicle within	69749
fifteen business days from the mailing of the notice, the	69750
mortgagee's mortgage or the lienholder's lien shall be invalid.	69751

(E)(1) Upon presentation by the business owner ~~of the repair~~	69752
~~garage or place of storage~~ of the affidavit, showing compliance	69753
with all requirements of this section to the clerk of courts of	69754
the county in which the ~~repair garage or place of storage~~business	69755
is located, the clerk of courts shall issue a certificate of title	69756
or salvage certificate of title, free and clear of all liens and	69757
encumbrances, to the business owner ~~of the place of storage~~.	69758

(2) The value of the motor vehicle, as determined in	69759
accordance with standards fixed by the registrar of motor vehicles	69760
in accordance with Chapter 119. of the Revised Code, less expenses	69761
incurred by the business owner ~~of such repair garage or place of~~	69762
~~storage~~, shall be paid to the clerk of courts for deposit into the	69763
county general fund upon receipt of the certificate of title.	69764

~~(B)~~(F)(1) Upon presentation by the business owner of the	69765
application for a certificate for destruction only, showing	69766
compliance with all requirements of this section to the registrar	69767
of motor vehicles, the registrar shall issue a certificate for	69768
destruction only, free and clear of all liens and encumbrances, to	69769
the business owner.	69770

(2) The value of the motor vehicle with a certificate for	69771
destruction only shall be determined in accordance with standards	69772
fixed by the registrar of motor vehicles in rule in accordance	69773
with Chapter 119. of the Revised Code, less expenses incurred by	69774
the business owner.	69775

(G) Whoever violates this section shall be fined not more	69776
than two hundred dollars, imprisoned not more than ninety days, or	69777
both.	69778

Sec. 4506.07. (A) Every application for a commercial	69779
driver's license, restricted commercial driver's license, or a	69780
commercial driver's temporary instruction permit, or a duplicate	69781
of such a license, shall be made upon a form approved and	69782
furnished by the registrar of motor vehicles. Except as provided	69783
in section 4506.24 of the Revised Code in regard to a restricted	69784
commercial driver's license, the application shall be signed by	69785
the applicant and shall contain the following information:	69786

(1) The applicant's name, date of birth, social security	69787
account number, sex, general description including height, weight,	69788
and color of hair and eyes, current residence, duration of	69789
residence in this state, country of citizenship, and occupation;	69790

(2) Whether the applicant previously has been licensed to	69791
operate a commercial motor vehicle or any other type of motor	69792
vehicle in another state or a foreign jurisdiction and, if so,	69793
when, by what state, and whether the license or driving privileges	69794
currently are suspended or revoked in any jurisdiction, or the	69795
applicant otherwise has been disqualified from operating a	69796
commercial motor vehicle, or is subject to an out-of-service order	69797
issued under this chapter or any similar law of another state or a	69798
foreign jurisdiction and, if so, the date of, locations involved,	69799
and reason for the suspension, revocation, disqualification, or	69800
out-of-service order;	69801

(3) Whether the applicant is afflicted with or suffering from	69802
any physical or mental disability or disease that prevents the	69803
applicant from exercising reasonable and ordinary control over a	69804
motor vehicle while operating it upon a highway or is or has been	69805
subject to any condition resulting in episodic impairment of	69806
consciousness or loss of muscular control and, if so, the nature	69807
and extent of the disability, disease, or condition, and the names	69808
and addresses of the physicians attending the applicant;	69809

(4) Whether the applicant has obtained a medical examiner's	69810
certificate as required by this chapter and, beginning January 30,	69811
2012, the applicant, prior to or at the time of applying, has	69812
self-certified to the registrar the applicable status of the	69813
applicant under division (A)(2) of section 4506.10 of the Revised	69814
Code;	69815

(5) Whether the applicant has pending a citation for	69816
violation of any motor vehicle law or ordinance except a parking	69817
violation and, if so, a description of the citation, the court	69818
having jurisdiction of the offense, and the date when the offense	69819
occurred;	69820

(6) ~~Whether~~If an applicant has not certified the applicant's	69821
willingness to make an anatomical gift under section 2108.05 of	69822
the Revised Code, whether the applicant wishes to certify	69823
willingness to make such an anatomical gift ~~under section 2108.05~~	69824
~~of the Revised Code~~, which shall be given no consideration in the	69825
issuance of a license;	69826

(7) On and after May 1, 1993, whether the applicant has	69827
executed a valid durable power of attorney for health care	69828
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	69829
executed a declaration governing the use or continuation, or the	69830
withholding or withdrawal, of life-sustaining treatment pursuant	69831
to sections 2133.01 to 2133.15 of the Revised Code and, if the	69832
applicant has executed either type of instrument, whether the	69833
applicant wishes the license issued to indicate that the applicant	69834
has executed the instrument;	69835

(8) On and after October 7, 2009, whether the applicant is a	69836
veteran, active duty, or reservist of the armed forces of the	69837
United States and, if the applicant is such, whether the applicant	69838
wishes the license issued to indicate that the applicant is a	69839
veteran, active duty, or reservist of the armed forces of the	69840
United States by a military designation on the license.	69841

(B) Every applicant shall certify, on a form approved and	69842
furnished by the registrar, all of the following:	69843

(1) That the motor vehicle in which the applicant intends to	69844
take the driving skills test is representative of the type of	69845
motor vehicle that the applicant expects to operate as a driver;	69846

(2) That the applicant is not subject to any disqualification	69847
or out-of-service order, or license suspension, revocation, or	69848
cancellation, under the laws of this state, of another state, or	69849
of a foreign jurisdiction and does not have more than one driver's	69850
license issued by this or another state or a foreign jurisdiction;	69851

(3) Any additional information, certification, or evidence	69852
that the registrar requires by rule in order to ensure that the	69853
issuance of a commercial driver's license to the applicant is in	69854
compliance with the law of this state and with federal law.	69855

(C) Every applicant shall execute a form, approved and	69856
furnished by the registrar, under which the applicant consents to	69857
the release by the registrar of information from the applicant's	69858
driving record.	69859

(D) The registrar or a deputy registrar, in accordance with	69860
section 3503.11 of the Revised Code, shall register as an elector	69861
any applicant for a commercial driver's license or for a renewal	69862
or duplicate of such a license under this chapter, if the	69863
applicant is eligible and wishes to be registered as an elector.	69864
The decision of an applicant whether to register as an elector	69865
shall be given no consideration in the decision of whether to	69866
issue the applicant a license or a renewal or duplicate.	69867

(E) The registrar or a deputy registrar, in accordance with	69868
section 3503.11 of the Revised Code, shall offer the opportunity	69869
of completing a notice of change of residence or change of name to	69870
any applicant for a commercial driver's license or for a renewal	69871
or duplicate of such a license who is a resident of this state, if	69872
the applicant is a registered elector who has changed the	69873
applicant's residence or name and has not filed such a notice.	69874

(F) In considering any application submitted pursuant to this	69875
section, the bureau of motor vehicles may conduct any inquiries	69876
necessary to ensure that issuance or renewal of a commercial	69877
driver's license would not violate any provision of the Revised	69878
Code or federal law.	69879

(G) In addition to any other information it contains, on and	69880
after October 7, 2009, the form approved and furnished by the	69881
registrar of motor vehicles for an application for a commercial	69882
driver's license, restricted commercial driver's license, or a	69883
commercial driver's temporary instruction permit or an application	69884
for a duplicate of such a license shall inform applicants that the	69885
applicant must present a copy of the applicant's DD-214 or an	69886
equivalent document in order to qualify to have the license or	69887
duplicate indicate that the applicant is a veteran, active duty,	69888
or reservist of the armed forces of the United States based on a	69889
request made pursuant to division (A)(8) of this section.	69890

Sec. 4507.021. (A) No person shall drive, operate, draw,	69891
move, or propel an agricultural tractor or implement of husbandry	69892
upon a street or highway in either of the following circumstances	69893
unless the person has a current, valid driver's or commercial	69894
driver's license:	69895

(1) At a speed greater than twenty-five miles per hour; or

69896

(2) While transporting persons in or on a trailer or unit of	69897
farm machinery.	69898

(B) Whoever violates division (A) of this section is guilty	69899
of a misdemeanor of the first degree.	69900

Sec. 4507.03. (A)(1) No person shall be required to obtain a	69901
driver's or commercial driver's license for the purpose of	69902
temporarily driving, operating, drawing, moving, or propelling a	69903
road roller or road machinery upon a street or highway.	69904

(2) NoExcept as provided in section 4507.021 of the Revised	69905
Code, no person shall be required to obtain a driver's or	69906
commercial driver's license for the purpose of temporarily	69907
driving, operating, drawing, moving, or propelling any	69908
agricultural tractor or implement of husbandry upon a street or	69909
highway at a speed of twenty-five miles per hour or less.	69910

(3) ~~No person shall drive, operate, draw, move, or propel any~~	69911
~~agricultural tractor or implement of husbandry upon a street or~~	69912
~~highway at a speed greater than twenty-five miles per hour unless~~	69913
~~the person has a current, valid driver's or commercial driver's~~	69914
~~license.~~	69915

~~(4)~~ No person having a valid driver's or commercial driver's	69916
license shall be required to have a motorcycle operator's	69917
endorsement to operate a motorcycle having three wheels with a	69918
motor of not more than fifty cubic centimeters piston	69919
displacement.	69920

(B) Every person on active duty in the armed forces of the	69921
United States, when furnished with a driver's permit and when	69922
operating an official motor vehicle in connection with such duty,	69923
is exempt from the license requirements of Chapters 4506. and	69924
4507. of the Revised Code.	69925

Every person on active duty in the armed forces of the United	69926
States or in service with the peace corps, volunteers in service	69927
to America, or the foreign service of the United States is exempt	69928
from the license requirements of those chapters for the period of	69929
the person's active duty or service and for six months thereafter,	69930
provided the person was a licensee under those chapters at the	69931
time the person commenced the person's active duty or service. The	69932
spouse or a dependent of any such person on active duty or in	69933
service also is exempt from the license requirements of those	69934
chapters for the period of the person's active duty or service and	69935
for six months thereafter, provided the spouse or dependent was a	69936
licensee under those chapters at the time the person commenced the	69937
active duty or service, and provided further that the person's	69938
active duty or service causes the spouse or dependent to relocate	69939
outside of this state during the period of the active duty or	69940
service.	69941

This section does not prevent such a person or the person's	69942
spouse or dependent from making an application, as provided in	69943
division (C) of section 4507.10 of the Revised Code, for the	69944
renewal of a driver's license or motorcycle operator's endorsement	69945
or as provided in section 4506.14 of the Revised Code for the	69946
renewal of a commercial driver's license during the period of the	69947
person's active duty or service.	69948

~~(C) Whoever violates division (A)(3) of this section is~~	69949
~~guilty of a misdemeanor of the first degree.~~	69950

Sec. 4507.06. (A)(1) Every application for a driver's	69951
license or motorcycle operator's license or endorsement, or	69952
duplicate of any such license or endorsement, shall be made upon	69953
the approved form furnished by the registrar of motor vehicles and	69954
shall be signed by the applicant.	69955

Every application shall state the following:

69956

(a) The applicant's name, date of birth, social security	69957
number if such has been assigned, sex, general description,	69958
including height, weight, color of hair, and eyes, residence	69959
address, including county of residence, duration of residence in	69960
this state, and country of citizenship;	69961

(b) Whether the applicant previously has been licensed as an	69962
operator, chauffeur, driver, commercial driver, or motorcycle	69963
operator and, if so, when, by what state, and whether such license	69964
is suspended or canceled at the present time and, if so, the date	69965
of and reason for the suspension or cancellation;	69966

(c) Whether the applicant is now or ever has been afflicted	69967
with epilepsy, or whether the applicant now is suffering from any	69968
physical or mental disability or disease and, if so, the nature	69969
and extent of the disability or disease, giving the names and	69970
addresses of physicians then or previously in attendance upon the	69971
applicant;	69972

(d) Whether an applicant for a duplicate driver's license, or	69973
duplicate license containing a motorcycle operator endorsement has	69974
pending a citation for violation of any motor vehicle law or	69975
ordinance, a description of any such citation pending, and the	69976
date of the citation;	69977

(e) ~~Whether~~If an applicant has not certified the applicant's	69978
willingness to make an anatomical gift under section 2108.05 of	69979
the Revised Code, whether the applicant wishes to certify	69980
willingness to make such an anatomical gift ~~under section 2108.05~~	69981
~~of the Revised Code~~, which shall be given no consideration in the	69982
issuance of a license or endorsement;	69983

(f) Whether the applicant has executed a valid durable power	69984
of attorney for health care pursuant to sections 1337.11 to	69985
1337.17 of the Revised Code or has executed a declaration	69986
governing the use or continuation, or the withholding or	69987
withdrawal, of life-sustaining treatment pursuant to sections	69988
2133.01 to 2133.15 of the Revised Code and, if the applicant has	69989
executed either type of instrument, whether the applicant wishes	69990
the applicant's license to indicate that the applicant has	69991
executed the instrument;	69992

(g) On and after October 7, 2009, whether the applicant is a	69993
veteran, active duty, or reservist of the armed forces of the	69994
United States and, if the applicant is such, whether the applicant	69995
wishes the applicant's license to indicate that the applicant is a	69996
veteran, active duty, or reservist of the armed forces of the	69997
United States by a military designation on the license.	69998

(2) Every applicant for a driver's license shall be	69999
photographed in color at the time the application for the license	70000
is made. The application shall state any additional information	70001
that the registrar requires.	70002

(B) The registrar or a deputy registrar, in accordance with	70003
section 3503.11 of the Revised Code, shall register as an elector	70004
any person who applies for a driver's license or motorcycle	70005
operator's license or endorsement under division (A) of this	70006
section, or for a renewal or duplicate of the license or	70007
endorsement, if the applicant is eligible and wishes to be	70008
registered as an elector. The decision of an applicant whether to	70009
register as an elector shall be given no consideration in the	70010
decision of whether to issue the applicant a license or	70011
endorsement, or a renewal or duplicate.	70012

(C) The registrar or a deputy registrar, in accordance with	70013
section 3503.11 of the Revised Code, shall offer the opportunity	70014
of completing a notice of change of residence or change of name to	70015
any applicant for a driver's license or endorsement under division	70016
(A) of this section, or for a renewal or duplicate of the license	70017
or endorsement, if the applicant is a registered elector who has	70018
changed the applicant's residence or name and has not filed such a	70019
notice.	70020

(D) In addition to any other information it contains, on and	70021
after October 7, 2009, the approved form furnished by the	70022
registrar of motor vehicles for an application for a driver's	70023
license or motorcycle operator's license or endorsement or an	70024
application for a duplicate of any such license or endorsement	70025
shall inform applicants that the applicant must present a copy of	70026
the applicant's DD-214 or an equivalent document in order to	70027
qualify to have the license or duplicate indicate that the	70028
applicant is a veteran, active duty, or reservist of the armed	70029
forces of the United States based on a request made pursuant to	70030
division (A)(1)(g) of this section.	70031

Sec. 4507.51. (A)(1) Every application for an identification	70032
card or duplicate shall be made on a form furnished by the	70033
registrar of motor vehicles, shall be signed by the applicant, and	70034
by the applicant's parent or guardian if the applicant is under	70035
eighteen years of age, and shall contain the following information	70036
pertaining to the applicant: name, date of birth, sex, general	70037
description including the applicant's height, weight, hair color,	70038
and eye color, address, and social security number. The	70039
application also shall ~~state~~include, for an applicant who has not	70040
already certified the applicant's willingness to make an	70041
anatomical gift under section 2108.05 of the Revised Code, whether	70042
anthe applicant wishes to certify willingness to make such an	70043
anatomical gift ~~under section 2108.05 of the Revised Code~~ and	70044
shall include information about the requirements of sections	70045
2108.01 to 2108.29 of the Revised Code that apply to persons who	70046
are less than eighteen years of age. The statement regarding	70047
willingness to make such a donation shall be given no	70048
consideration in the decision of whether to issue an	70049
identification card. Each applicant shall be photographed in color	70050
at the time of making application.	70051

(2)(a) The application also shall state whether the applicant	70052
has executed a valid durable power of attorney for health care	70053
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	70054
executed a declaration governing the use or continuation, or the	70055
withholding or withdrawal, of life-sustaining treatment pursuant	70056
to sections 2133.01 to 2133.15 of the Revised Code and, if the	70057
applicant has executed either type of instrument, whether the	70058
applicant wishes the identification card issued to indicate that	70059
the applicant has executed the instrument.	70060

(b) On and after October 7, 2009, the application also shall	70061
state whether the applicant is a veteran, active duty, or	70062
reservist of the armed forces of the United States and, if the	70063
applicant is such, whether the applicant wishes the identification	70064
card issued to indicate that the applicant is a veteran, active	70065
duty, or reservist of the armed forces of the United States by a	70066
military designation on the identification card.	70067

(3) The registrar or deputy registrar, in accordance with	70068
section 3503.11 of the Revised Code, shall register as an elector	70069
any person who applies for an identification card or duplicate if	70070
the applicant is eligible and wishes to be registered as an	70071
elector. The decision of an applicant whether to register as an	70072
elector shall be given no consideration in the decision of whether	70073
to issue the applicant an identification card or duplicate.	70074

(B) The application for an identification card or duplicate	70075
shall be filed in the office of the registrar or deputy registrar.	70076
Each applicant shall present documentary evidence as required by	70077
the registrar of the applicant's age and identity, and the	70078
applicant shall swear that all information given is true. An	70079
identification card issued by the department of rehabilitation and	70080
correction under section 5120.59 of the Revised Code or an	70081
identification card issued by the department of youth services	70082
under section 5139.511 of the Revised Code shall be sufficient	70083
documentary evidence under this division upon verification of the	70084
applicant's social security number by the registrar or a deputy	70085
registrar. Upon issuing an identification card under this section	70086
for a person who has been issued an identification card under	70087
section 5120.59 or section 5139.511 of the Revised Code, the	70088
registrar or deputy registrar shall destroy the identification	70089
card issued under section 5120.59 or section 5139.511 of the	70090
Revised Code.	70091

All applications for an identification card or duplicate	70092
shall be filed in duplicate, and if submitted to a deputy	70093
registrar, a copy shall be forwarded to the registrar. The	70094
registrar shall prescribe rules for the manner in which a deputy	70095
registrar is to file and maintain applications and other records.	70096
The registrar shall maintain a suitable, indexed record of all	70097
applications denied and cards issued or canceled.	70098

(C) In addition to any other information it contains, on and	70099
after the date that is fifteen months after April 7, 2009, the	70100
form furnished by the registrar of motor vehicles for an	70101
application for an identification card or duplicate shall inform	70102
applicants that the applicant must present a copy of the	70103
applicant's DD-214 or an equivalent document in order to qualify	70104
to have the card or duplicate indicate that the applicant is an	70105
honorably discharged veteran of the armed forces of the United	70106
States based on a request made pursuant to division (A)(2)(b) of	70107
this section.	70108

Sec. 4510.038. (A) Any person whose driver's or commercial	70109
driver's license or permit is suspended or who is granted limited	70110
driving privileges under section 4510.037, under division (H) of	70111
section 4511.19, or under section 4510.07 of the Revised Code for	70112
a violation of a municipal ordinance that is substantially	70113
equivalent to division (B) of section 4511.19 of the Revised Code	70114
is not eligible to retain the license, or to have the driving	70115
privileges reinstated, until each of the following has occurred:	70116

(1) The person successfully completes a course of remedial	70117
driving instruction approved by the director of public safety. A	70118
minimum of twenty-five per cent of the number of hours of	70119
instruction included in the course shall be devoted to instruction	70120
on driver attitude.	70121

The course also shall devote a number of hours to instruction	70122
in the area of alcohol and drugs and the operation of vehicles.	70123
The instruction shall include, but not be limited to, a review of	70124
the laws governing the operation of a vehicle while under the	70125
influence of alcohol, drugs, or a combination of them, the dangers	70126
of operating a vehicle while under the influence of alcohol,	70127
drugs, or a combination of them, and other information relating to	70128
the operation of vehicles and the consumption of alcoholic	70129
beverages and use of drugs. The director, in consultation with the	70130
director of ~~alcohol and drug addiction services~~mental health and	70131
addiction services, shall prescribe the content of the	70132
instruction. The number of hours devoted to the area of alcohol	70133
and drugs and the operation of vehicles shall comprise a minimum	70134
of twenty-five per cent of the number of hours of instruction	70135
included in the course.	70136

(2) The person is examined in the manner provided for in	70137
section 4507.20 of the Revised Code, and found by the registrar of	70138
motor vehicles to be qualified to operate a motor vehicle;	70139

(3) The person gives and maintains proof of financial	70140
responsibility, in accordance with section 4509.45 of the Revised	70141
Code.	70142

(B)(1) Except as provided in division (B)(2) of this section,	70143
any course of remedial driving instruction the director of public	70144
safety approves under this section shall require its students to	70145
attend at least fifty per cent of the course in person and the	70146
director shall not approve any course of remedial driving	70147
instruction that permits its students to take more than fifty per	70148
cent of the course in any other manner, including via video	70149
teleconferencing or the internet.	70150

(2) The director may approve a course of remedial instruction	70151
that permits students to take the entire course via video	70152
teleconferencing or the internet.	70153

Sec. 4510.45. (A)(1) A manufacturer of ignition interlock	70154
devices that desires for its devices to be certified under section	70155
4510.43 of the Revised Code and then to be included on the list of	70156
certified devices that the department of public safety compiles	70157
and makes available to courts pursuant to that section first shall	70158
obtain a license from the department under this section. The	70159
department, in accordance with Chapter 119. of the Revised Code,	70160
shall adopt any rules that are necessary to implement this	70161
licensing requirement.	70162

(2) A manufacturer shall apply to the department for the	70163
license and shall include all information the department may	70164
require by rule. Each application, including an application for	70165
license renewal, shall be accompanied by an application fee of one	70166
hundred dollars, which the department shall deposit into the state	70167
treasury to the credit of the indigent drivers alcohol treatment	70168
fund created by section 4511.191 of the Revised Code.	70169

(3) Upon receipt of a completed application, if the	70170
department finds that a manufacturer has complied with all	70171
application requirements, the department shall issue a license to	70172
the manufacturer. A manufacturer that has been issued a license	70173
under this section is eligible immediately to have the models of	70174
ignition interlock devices it produces certified under section	70175
4510.43 of the Revised Code and then included on the list of	70176
certified devices that the department compiles and makes available	70177
to courts pursuant to that section.	70178

(4)(a) A license issued under this section shall expire	70179
annually on a date selected by the department. The department	70180
shall reject the license application of a manufacturer if any of	70181
the following apply:	70182

(i) The application is not accompanied by the application	70183
fee.	70184

(ii) The department finds that the manufacturer has not	70185
complied with all application requirements.	70186

(iii) The license application is a renewal application and	70187
the manufacturer failed to file the annual report or failed to pay	70188
the fee as required by division (B) of this section.	70189

(b) A manufacturer whose license application is rejected by	70190
the department may appeal the decision to the director of public	70191
safety. The director or the director's designee shall hold a	70192
hearing on the matter not more than thirty days from the date of	70193
the manufacturer's appeal. If the director or the director's	70194
designee upholds the denial of the manufacturer's application for	70195
a license, the manufacturer may appeal the decision to the	70196
Franklin county court of common pleas. If the director or the	70197
director's designee reverses the denial of the manufacturer's	70198
application for a license, the director or the director's designee	70199
shall issue a written order directing that the department issue a	70200
license to the manufacturer.	70201

(B) Every manufacturer of ignition interlock devices that is	70202
issued a license under this section shall file an annual report	70203
with the department on a form the department prescribes on or	70204
before a date the department prescribes. The annual report shall	70205
state the amount of net profit the manufacturer earned during a	70206
twelve-month period specified by the department that is	70207
attributable to the sales of that manufacturer's certified	70208
ignition interlock devices to purchasers in this state. Each	70209
manufacturer shall pay a fee equal to five per cent of the amount	70210
of the net profit described in this division.	70211

The department may permit annual reports to be filed via	70212
electronic means.	70213

(C) The department shall deposit all fees it receives from	70214
manufacturers under this section into the state treasury to the	70215
credit of the indigent drivers alcohol treatment fund created by	70216
section 4511.191 of the Revised Code. All money so deposited into	70217
that fund that is paid by the department of ~~alcohol and drug~~	70218
~~addiction services~~mental health and addiction services to county	70219
indigent drivers alcohol treatment funds, county juvenile indigent	70220
drivers alcohol treatment funds, and municipal indigent drivers	70221
alcohol treatment funds shall be used only as described in	70222
division (H)(3) of section 4511.191 of the Revised Code.	70223

(D)(1) The director may make an assessment, based on any	70224
information in the director's possession, against any manufacturer	70225
that fails to file an annual report or pay the fee required by	70226
division (B) of this section. The director, in accordance with	70227
Chapter 119. of the Revised Code, shall adopt rules governing	70228
assessments and assessment procedures and related provisions. In	70229
adopting these rules, the director shall incorporate the	70230
provisions of section 5751.09 of the Revised Code to the greatest	70231
extent possible, except that the director is not required to	70232
incorporate any provisions of that section that by their nature	70233
are not applicable, appropriate, or necessary to assessments made	70234
by the director under this section.	70235

(2) A manufacturer may appeal the final determination of the	70236
director regarding an assessment made by the director under this	70237
section. The director, in accordance with Chapter 119. of the	70238
Revised Code, shall adopt rules governing such appeals. In	70239
adopting these rules, the director shall incorporate the	70240
provisions of section 5717.02 of the Revised Code to the greatest	70241
extent possible, except that the director is not required to	70242
incorporate any provisions of that section that by their nature	70243
are not applicable, appropriate, or necessary to appeals of	70244
assessments made by the director under this section.	70245

(E) The director, in accordance with Chapter 119. of the	70246
Revised Code, shall adopt a penalty schedule setting forth the	70247
monetary penalties to be imposed upon a manufacturer that is	70248
issued a license under this section and fails to file an annual	70249
report or pay the fee required by division (B) of this section in	70250
a timely manner. The penalty amounts shall not exceed the maximum	70251
penalty amounts established in section 5751.06 of the Revised Code	70252
for similar or equivalent facts or circumstances.	70253

(F)(1) No manufacturer of ignition interlock devices that is	70254
required by division (B) of this section to file an annual report	70255
with the department or to pay a fee shall fail to do so as	70256
required by that division.	70257

(2) No manufacturer of ignition interlock devices that is	70258
required by division (B) of this section to file an annual report	70259
with the department shall file a report that contains incorrect or	70260
erroneous information.	70261

(G) Whoever violates division (F)(2) of this section is	70262
guilty of a misdemeanor of the first degree. The department shall	70263
remove from the list of certified devices described in division	70264
(A)(1) of this section the ignition interlock devices manufactured	70265
by a manufacturer that violates division (F)(1) or (2) of this	70266
section.	70267

Sec. 4511.19. (A)(1) No person shall operate any vehicle,	70268
streetcar, or trackless trolley within this state, if, at the time	70269
of the operation, any of the following apply:	70270

(a) The person is under the influence of alcohol, a drug of	70271
abuse, or a combination of them.	70272

(b) The person has a concentration of eight-hundredths of one	70273
per cent or more but less than seventeen-hundredths of one per	70274
cent by weight per unit volume of alcohol in the person's whole	70275
blood.	70276

(c) The person has a concentration of ninety-six-thousandths	70277
of one per cent or more but less than two hundred four-thousandths	70278
of one per cent by weight per unit volume of alcohol in the	70279
person's blood serum or plasma.	70280

(d) The person has a concentration of eight-hundredths of one	70281
gram or more but less than seventeen-hundredths of one gram by	70282
weight of alcohol per two hundred ten liters of the person's	70283
breath.	70284

(e) The person has a concentration of eleven-hundredths of	70285
one gram or more but less than two hundred	70286
thirty-eight-thousandths of one gram by weight of alcohol per one	70287
hundred milliliters of the person's urine.	70288

(f) The person has a concentration of seventeen-hundredths of	70289
one per cent or more by weight per unit volume of alcohol in the	70290
person's whole blood.	70291

(g) The person has a concentration of two hundred	70292
four-thousandths of one per cent or more by weight per unit volume	70293
of alcohol in the person's blood serum or plasma.	70294

(h) The person has a concentration of seventeen-hundredths of	70295
one gram or more by weight of alcohol per two hundred ten liters	70296
of the person's breath.	70297

(i) The person has a concentration of two hundred	70298
thirty-eight-thousandths of one gram or more by weight of alcohol	70299
per one hundred milliliters of the person's urine.	70300

(j) Except as provided in division (K) of this section, the	70301
person has a concentration of any of the following controlled	70302
substances or metabolites of a controlled substance in the	70303
person's whole blood, blood serum or plasma, or urine that equals	70304
or exceeds any of the following:	70305

(i) The person has a concentration of amphetamine in the	70306
person's urine of at least five hundred nanograms of amphetamine	70307
per milliliter of the person's urine or has a concentration of	70308
amphetamine in the person's whole blood or blood serum or plasma	70309
of at least one hundred nanograms of amphetamine per milliliter of	70310
the person's whole blood or blood serum or plasma.	70311

(ii) The person has a concentration of cocaine in the	70312
person's urine of at least one hundred fifty nanograms of cocaine	70313
per milliliter of the person's urine or has a concentration of	70314
cocaine in the person's whole blood or blood serum or plasma of at	70315
least fifty nanograms of cocaine per milliliter of the person's	70316
whole blood or blood serum or plasma.	70317

(iii) The person has a concentration of cocaine metabolite in	70318
the person's urine of at least one hundred fifty nanograms of	70319
cocaine metabolite per milliliter of the person's urine or has a	70320
concentration of cocaine metabolite in the person's whole blood or	70321
blood serum or plasma of at least fifty nanograms of cocaine	70322
metabolite per milliliter of the person's whole blood or blood	70323
serum or plasma.	70324

(iv) The person has a concentration of heroin in the person's	70325
urine of at least two thousand nanograms of heroin per milliliter	70326
of the person's urine or has a concentration of heroin in the	70327
person's whole blood or blood serum or plasma of at least fifty	70328
nanograms of heroin per milliliter of the person's whole blood or	70329
blood serum or plasma.	70330

(v) The person has a concentration of heroin metabolite	70331
(6-monoacetyl morphine) in the person's urine of at least ten	70332
nanograms of heroin metabolite (6-monoacetyl morphine) per	70333
milliliter of the person's urine or has a concentration of heroin	70334
metabolite (6-monoacetyl morphine) in the person's whole blood or	70335
blood serum or plasma of at least ten nanograms of heroin	70336
metabolite (6-monoacetyl morphine) per milliliter of the person's	70337
whole blood or blood serum or plasma.	70338

(vi) The person has a concentration of L.S.D. in the person's	70339
urine of at least twenty-five nanograms of L.S.D. per milliliter	70340
of the person's urine or a concentration of L.S.D. in the person's	70341
whole blood or blood serum or plasma of at least ten nanograms of	70342
L.S.D. per milliliter of the person's whole blood or blood serum	70343
or plasma.	70344

(vii) The person has a concentration of marihuana in the	70345
person's urine of at least ten nanograms of marihuana per	70346
milliliter of the person's urine or has a concentration of	70347
marihuana in the person's whole blood or blood serum or plasma of	70348
at least two nanograms of marihuana per milliliter of the person's	70349
whole blood or blood serum or plasma.	70350

(viii) Either of the following applies:

70351

(I) The person is under the influence of alcohol, a drug of	70352
abuse, or a combination of them, and, as measured by gas	70353
chromatography mass spectrometry, the person has a concentration	70354
of marihuana metabolite in the person's urine of at least fifteen	70355
nanograms of marihuana metabolite per milliliter of the person's	70356
urine or has a concentration of marihuana metabolite in the	70357
person's whole blood or blood serum or plasma of at least five	70358
nanograms of marihuana metabolite per milliliter of the person's	70359
whole blood or blood serum or plasma.	70360

(II) As measured by gas chromatography mass spectrometry, the	70361
person has a concentration of marihuana metabolite in the person's	70362
urine of at least thirty-five nanograms of marihuana metabolite	70363
per milliliter of the person's urine or has a concentration of	70364
marihuana metabolite in the person's whole blood or blood serum or	70365
plasma of at least fifty nanograms of marihuana metabolite per	70366
milliliter of the person's whole blood or blood serum or plasma.	70367

(ix) The person has a concentration of methamphetamine in the	70368
person's urine of at least five hundred nanograms of	70369
methamphetamine per milliliter of the person's urine or has a	70370
concentration of methamphetamine in the person's whole blood or	70371
blood serum or plasma of at least one hundred nanograms of	70372
methamphetamine per milliliter of the person's whole blood or	70373
blood serum or plasma.	70374

(x) The person has a concentration of phencyclidine in the	70375
person's urine of at least twenty-five nanograms of phencyclidine	70376
per milliliter of the person's urine or has a concentration of	70377
phencyclidine in the person's whole blood or blood serum or plasma	70378
of at least ten nanograms of phencyclidine per milliliter of the	70379
person's whole blood or blood serum or plasma.	70380

(xi) The state board of pharmacy has adopted a rule pursuant	70381
to section 4729.041 of the Revised Code that specifies the amount	70382
of salvia divinorum and the amount of salvinorin A that constitute	70383
concentrations of salvia divinorum and salvinorin A in a person's	70384
urine, in a person's whole blood, or in a person's blood serum or	70385
plasma at or above which the person is impaired for purposes of	70386
operating any vehicle, streetcar, or trackless trolley within this	70387
state, the rule is in effect, and the person has a concentration	70388
of salvia divinorum or salvinorin A of at least that amount so	70389
specified by rule in the person's urine, in the person's whole	70390
blood, or in the person's blood serum or plasma.	70391

(2) No person who, within twenty years of the conduct	70392
described in division (A)(2)(a) of this section, previously has	70393
been convicted of or pleaded guilty to a violation of this	70394
division, a violation of division (A)(1) or (B) of this section,	70395
or any other equivalent offense shall do both of the following:	70396

(a) Operate any vehicle, streetcar, or trackless trolley	70397
within this state while under the influence of alcohol, a drug of	70398
abuse, or a combination of them;	70399

(b) Subsequent to being arrested for operating the vehicle,	70400
streetcar, or trackless trolley as described in division (A)(2)(a)	70401
of this section, being asked by a law enforcement officer to	70402
submit to a chemical test or tests under section 4511.191 of the	70403
Revised Code, and being advised by the officer in accordance with	70404
section 4511.192 of the Revised Code of the consequences of the	70405
person's refusal or submission to the test or tests, refuse to	70406
submit to the test or tests.	70407

(B) No person under twenty-one years of age shall operate any	70408
vehicle, streetcar, or trackless trolley within this state, if, at	70409
the time of the operation, any of the following apply:	70410

(1) The person has a concentration of at least two-hundredths	70411
of one per cent but less than eight-hundredths of one per cent by	70412
weight per unit volume of alcohol in the person's whole blood.	70413

(2) The person has a concentration of at least	70414
three-hundredths of one per cent but less than	70415
ninety-six-thousandths of one per cent by weight per unit volume	70416
of alcohol in the person's blood serum or plasma.	70417

(3) The person has a concentration of at least two-hundredths	70418
of one gram but less than eight-hundredths of one gram by weight	70419
of alcohol per two hundred ten liters of the person's breath.	70420

(4) The person has a concentration of at least twenty-eight	70421
one-thousandths of one gram but less than eleven-hundredths of one	70422
gram by weight of alcohol per one hundred milliliters of the	70423
person's urine.	70424

(C) In any proceeding arising out of one incident, a person	70425
may be charged with a violation of division (A)(1)(a) or (A)(2)	70426
and a violation of division (B)(1), (2), or (3) of this section,	70427
but the person may not be convicted of more than one violation of	70428
these divisions.	70429

(D)(1)(a) In any criminal prosecution or juvenile court	70430
proceeding for a violation of division (A)(1)(a) of this section	70431
or for an equivalent offense that is vehicle-related, the result	70432
of any test of any blood or urine withdrawn and analyzed at any	70433
health care provider, as defined in section 2317.02 of the Revised	70434
Code, may be admitted with expert testimony to be considered with	70435
any other relevant and competent evidence in determining the guilt	70436
or innocence of the defendant.	70437

(b) In any criminal prosecution or juvenile court proceeding	70438
for a violation of division (A) or (B) of this section or for an	70439
equivalent offense that is vehicle-related, the court may admit	70440
evidence on the concentration of alcohol, drugs of abuse,	70441
controlled substances, metabolites of a controlled substance, or a	70442
combination of them in the defendant's whole blood, blood serum or	70443
plasma, breath, urine, or other bodily substance at the time of	70444
the alleged violation as shown by chemical analysis of the	70445
substance withdrawn within three hours of the time of the alleged	70446
violation. The three-hour time limit specified in this division	70447
regarding the admission of evidence does not extend or affect the	70448
two-hour time limit specified in division (A) of section 4511.192	70449
of the Revised Code as the maximum period of time during which a	70450
person may consent to a chemical test or tests as described in	70451
that section. The court may admit evidence on the concentration of	70452
alcohol, drugs of abuse, or a combination of them as described in	70453
this division when a person submits to a blood, breath, urine, or	70454
other bodily substance test at the request of a law enforcement	70455
officer under section 4511.191 of the Revised Code or a blood or	70456
urine sample is obtained pursuant to a search warrant. Only a	70457
physician, a registered nurse, an emergency medical	70458
technician-intermediate, an emergency medical	70459
technician-paramedic, or a qualified technician, chemist, or	70460
phlebotomist shall withdraw a blood sample for the purpose of	70461
determining the alcohol, drug, controlled substance, metabolite of	70462
a controlled substance, or combination content of the whole blood,	70463
blood serum, or blood plasma. This limitation does not apply to	70464
the taking of breath or urine specimens. A person authorized to	70465
withdraw blood under this division may refuse to withdraw blood	70466
under this division, if in that person's opinion, the physical	70467
welfare of the person would be endangered by the withdrawing of	70468
blood.	70469

The bodily substance withdrawn under division (D)(1)(b) of	70470
this section shall be analyzed in accordance with methods approved	70471
by the director of health by an individual possessing a valid	70472
permit issued by the director pursuant to section 3701.143 of the	70473
Revised Code.	70474

(c) As used in division (D)(1)(b) of this section, "emergency	70475
medical technician-intermediate" and "emergency medical	70476
technician-paramedic" have the same meanings as in section 4765.01	70477
of the Revised Code.	70478

(2) In a criminal prosecution or juvenile court proceeding	70479
for a violation of division (A) of this section or for an	70480
equivalent offense that is vehicle-related, if there was at the	70481
time the bodily substance was withdrawn a concentration of less	70482
than the applicable concentration of alcohol specified in	70483
divisions (A)(1)(b), (c), (d), and (e) of this section or less	70484
than the applicable concentration of a listed controlled substance	70485
or a listed metabolite of a controlled substance specified for a	70486
violation of division (A)(1)(j) of this section, that fact may be	70487
considered with other competent evidence in determining the guilt	70488
or innocence of the defendant. This division does not limit or	70489
affect a criminal prosecution or juvenile court proceeding for a	70490
violation of division (B) of this section or for an equivalent	70491
offense that is substantially equivalent to that division.	70492

(3) Upon the request of the person who was tested, the	70493
results of the chemical test shall be made available to the person	70494
or the person's attorney, immediately upon the completion of the	70495
chemical test analysis.	70496

If the chemical test was obtained pursuant to division	70497
(D)(1)(b) of this section, the person tested may have a physician,	70498
a registered nurse, or a qualified technician, chemist, or	70499
phlebotomist of the person's own choosing administer a chemical	70500
test or tests, at the person's expense, in addition to any	70501
administered at the request of a law enforcement officer. If the	70502
person was under arrest as described in division (A)(5) of section	70503
4511.191 of the Revised Code, the arresting officer shall advise	70504
the person at the time of the arrest that the person may have an	70505
independent chemical test taken at the person's own expense. If	70506
the person was under arrest other than described in division	70507
(A)(5) of section 4511.191 of the Revised Code, the form to be	70508
read to the person to be tested, as required under section	70509
4511.192 of the Revised Code, shall state that the person may have	70510
an independent test performed at the person's expense. The failure	70511
or inability to obtain an additional chemical test by a person	70512
shall not preclude the admission of evidence relating to the	70513
chemical test or tests taken at the request of a law enforcement	70514
officer.	70515

(4)(a) As used in divisions (D)(4)(b) and (c) of this	70516
section, "national highway traffic safety administration" means	70517
the national highway traffic safety administration established as	70518
an administration of the United States department of	70519
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	70520

(b) In any criminal prosecution or juvenile court proceeding	70521
for a violation of division (A) or (B) of this section, of a	70522
municipal ordinance relating to operating a vehicle while under	70523
the influence of alcohol, a drug of abuse, or alcohol and a drug	70524
of abuse, or of a municipal ordinance relating to operating a	70525
vehicle with a prohibited concentration of alcohol, a controlled	70526
substance, or a metabolite of a controlled substance in the whole	70527
blood, blood serum or plasma, breath, or urine, if a law	70528
enforcement officer has administered a field sobriety test to the	70529
operator of the vehicle involved in the violation and if it is	70530
shown by clear and convincing evidence that the officer	70531
administered the test in substantial compliance with the testing	70532
standards for any reliable, credible, and generally accepted field	70533
sobriety tests that were in effect at the time the tests were	70534
administered, including, but not limited to, any testing standards	70535
then in effect that were set by the national highway traffic	70536
safety administration, all of the following apply:	70537

(i) The officer may testify concerning the results of the	70538
field sobriety test so administered.	70539

(ii) The prosecution may introduce the results of the field	70540
sobriety test so administered as evidence in any proceedings in	70541
the criminal prosecution or juvenile court proceeding.	70542

(iii) If testimony is presented or evidence is introduced	70543
under division (D)(4)(b)(i) or (ii) of this section and if the	70544
testimony or evidence is admissible under the Rules of Evidence,	70545
the court shall admit the testimony or evidence and the trier of	70546
fact shall give it whatever weight the trier of fact considers to	70547
be appropriate.	70548

(c) Division (D)(4)(b) of this section does not limit or	70549
preclude a court, in its determination of whether the arrest of a	70550
person was supported by probable cause or its determination of any	70551
other matter in a criminal prosecution or juvenile court	70552
proceeding of a type described in that division, from considering	70553
evidence or testimony that is not otherwise disallowed by division	70554
(D)(4)(b) of this section.	70555

(E)(1) Subject to division (E)(3) of this section, in any	70556
criminal prosecution or juvenile court proceeding for a violation	70557
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	70558
or (B)(1), (2), (3), or (4) of this section or for an equivalent	70559
offense that is substantially equivalent to any of those	70560
divisions, a laboratory report from any laboratory personnel	70561
issued a permit by the department of health authorizing an	70562
analysis as described in this division that contains an analysis	70563
of the whole blood, blood serum or plasma, breath, urine, or other	70564
bodily substance tested and that contains all of the information	70565
specified in this division shall be admitted as prima-facie	70566
evidence of the information and statements that the report	70567
contains. The laboratory report shall contain all of the	70568
following:	70569

(a) The signature, under oath, of any person who performed	70570
the analysis;	70571

(b) Any findings as to the identity and quantity of alcohol,	70572
a drug of abuse, a controlled substance, a metabolite of a	70573
controlled substance, or a combination of them that was found;	70574

(c) A copy of a notarized statement by the laboratory	70575
director or a designee of the director that contains the name of	70576
each certified analyst or test performer involved with the report,	70577
the analyst's or test performer's employment relationship with the	70578
laboratory that issued the report, and a notation that performing	70579
an analysis of the type involved is part of the analyst's or test	70580
performer's regular duties;	70581

(d) An outline of the analyst's or test performer's	70582
education, training, and experience in performing the type of	70583
analysis involved and a certification that the laboratory	70584
satisfies appropriate quality control standards in general and, in	70585
this particular analysis, under rules of the department of health.	70586

(2) Notwithstanding any other provision of law regarding the	70587
admission of evidence, a report of the type described in division	70588
(E)(1) of this section is not admissible against the defendant to	70589
whom it pertains in any proceeding, other than a preliminary	70590
hearing or a grand jury proceeding, unless the prosecutor has	70591
served a copy of the report on the defendant's attorney or, if the	70592
defendant has no attorney, on the defendant.	70593

(3) A report of the type described in division (E)(1) of this	70594
section shall not be prima-facie evidence of the contents,	70595
identity, or amount of any substance if, within seven days after	70596
the defendant to whom the report pertains or the defendant's	70597
attorney receives a copy of the report, the defendant or the	70598
defendant's attorney demands the testimony of the person who	70599
signed the report. The judge in the case may extend the seven-day	70600
time limit in the interest of justice.	70601

(F) Except as otherwise provided in this division, any	70602
physician, registered nurse, emergency medical	70603
technician-intermediate, emergency medical technician-paramedic,	70604
or qualified technician, chemist, or phlebotomist who withdraws	70605
blood from a person pursuant to this section or section 4511.191	70606
or 4511.192 of the Revised Code, and any hospital, first-aid	70607
station, or clinic at which blood is withdrawn from a person	70608
pursuant to this section or section 4511.191 or 4511.192 of the	70609
Revised Code, is immune from criminal liability and civil	70610
liability based upon a claim of assault and battery or any other	70611
claim that is not a claim of malpractice, for any act performed in	70612
withdrawing blood from the person. The immunity provided in this	70613
division also extends to an emergency medical service organization	70614
that employs an emergency medical technician-intermediate or	70615
emergency medical technician-paramedic who withdraws blood under	70616
this section. The immunity provided in this division is not	70617
available to a person who withdraws blood if the person engages in	70618
willful or wanton misconduct.	70619

As used in this division, "emergency medical	70620
technician-intermediate" and "emergency medical	70621
technician-paramedic" have the same meanings as in section 4765.01	70622
of the Revised Code.	70623

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	70624
to (i) or (A)(2) of this section is guilty of operating a vehicle	70625
under the influence of alcohol, a drug of abuse, or a combination	70626
of them. Whoever violates division (A)(1)(j) of this section is	70627
guilty of operating a vehicle while under the influence of a	70628
listed controlled substance or a listed metabolite of a controlled	70629
substance. The court shall sentence the offender for either	70630
offense under Chapter 2929. of the Revised Code, except as	70631
otherwise authorized or required by divisions (G)(1)(a) to (e) of	70632
this section:	70633

(a) Except as otherwise provided in division (G)(1)(b), (c),	70634
(d), or (e) of this section, the offender is guilty of a	70635
misdemeanor of the first degree, and the court shall sentence the	70636
offender to all of the following:	70637

(i) If the sentence is being imposed for a violation of	70638
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	70639
mandatory jail term of three consecutive days. As used in this	70640
division, three consecutive days means seventy-two consecutive	70641
hours. The court may sentence an offender to both an intervention	70642
program and a jail term. The court may impose a jail term in	70643
addition to the three-day mandatory jail term or intervention	70644
program. However, in no case shall the cumulative jail term	70645
imposed for the offense exceed six months.	70646

The court may suspend the execution of the three-day jail	70647
term under this division if the court, in lieu of that suspended	70648
term, places the offender under a community control sanction	70649
pursuant to section 2929.25 of the Revised Code and requires the	70650
offender to attend, for three consecutive days, a drivers'	70651
intervention program certified under section ~~3793.10~~5119.38 of	70652
the Revised Code. The court also may suspend the execution of any	70653
part of the three-day jail term under this division if it places	70654
the offender under a community control sanction pursuant to	70655
section 2929.25 of the Revised Code for part of the three days,	70656
requires the offender to attend for the suspended part of the term	70657
a drivers' intervention program so certified, and sentences the	70658
offender to a jail term equal to the remainder of the three	70659
consecutive days that the offender does not spend attending the	70660
program. The court may require the offender, as a condition of	70661
community control and in addition to the required attendance at a	70662
drivers' intervention program, to attend and satisfactorily	70663
complete any treatment or education programs that comply with the	70664
minimum standards adopted pursuant to Chapter ~~3793.~~5119. of the	70665
Revised Code by the director of ~~alcohol and drug addiction~~	70666
~~services~~mental health and addiction services that the operators	70667
of the drivers' intervention program determine that the offender	70668
should attend and to report periodically to the court on the	70669
offender's progress in the programs. The court also may impose on	70670
the offender any other conditions of community control that it	70671
considers necessary.	70672

(ii) If the sentence is being imposed for a violation of	70673
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	70674
section, except as otherwise provided in this division, a	70675
mandatory jail term of at least three consecutive days and a	70676
requirement that the offender attend, for three consecutive days,	70677
a drivers' intervention program that is certified pursuant to	70678
section ~~3793.10~~5119.38 of the Revised Code. As used in this	70679
division, three consecutive days means seventy-two consecutive	70680
hours. If the court determines that the offender is not conducive	70681
to treatment in a drivers' intervention program, if the offender	70682
refuses to attend a drivers' intervention program, or if the jail	70683
at which the offender is to serve the jail term imposed can	70684
provide a driver's intervention program, the court shall sentence	70685
the offender to a mandatory jail term of at least six consecutive	70686
days.	70687

The court may require the offender, under a community control	70688
sanction imposed under section 2929.25 of the Revised Code, to	70689
attend and satisfactorily complete any treatment or education	70690
programs that comply with the minimum standards adopted pursuant	70691
to Chapter ~~3793.~~5119. of the Revised Code by the director of	70692
~~alcohol and drug addiction services~~mental health and addiction	70693
services, in addition to the required attendance at drivers'	70694
intervention program, that the operators of the drivers'	70695
intervention program determine that the offender should attend and	70696
to report periodically to the court on the offender's progress in	70697
the programs. The court also may impose any other conditions of	70698
community control on the offender that it considers necessary.	70699

(iii) In all cases, a fine of not less than three hundred	70700
seventy-five and not more than one thousand seventy-five dollars;	70701

(iv) In all cases, a class five license suspension of the	70702
offender's driver's or commercial driver's license or permit or	70703
nonresident operating privilege from the range specified in	70704
division (A)(5) of section 4510.02 of the Revised Code. The court	70705
may grant limited driving privileges relative to the suspension	70706
under sections 4510.021 and 4510.13 of the Revised Code.	70707

(b) Except as otherwise provided in division (G)(1)(e) of	70708
this section, an offender who, within six years of the offense,	70709
previously has been convicted of or pleaded guilty to one	70710
violation of division (A) or (B) of this section or one other	70711
equivalent offense is guilty of a misdemeanor of the first degree.	70712
The court shall sentence the offender to all of the following:	70713

(i) If the sentence is being imposed for a violation of	70714
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	70715
mandatory jail term of ten consecutive days. The court shall	70716
impose the ten-day mandatory jail term under this division unless,	70717
subject to division (G)(3) of this section, it instead imposes a	70718
sentence under that division consisting of both a jail term and a	70719
term of house arrest with electronic monitoring, with continuous	70720
alcohol monitoring, or with both electronic monitoring and	70721
continuous alcohol monitoring. The court may impose a jail term in	70722
addition to the ten-day mandatory jail term. The cumulative jail	70723
term imposed for the offense shall not exceed six months.	70724

In addition to the jail term or the term of house arrest with	70725
electronic monitoring or continuous alcohol monitoring or both	70726
types of monitoring and jail term, the court shall require the	70727
offender to be assessed by ~~an alcohol and drug treatment program~~a	70728
community addiction services provider that is authorized by	70729
section ~~3793.02~~5119.21 of the Revised Code, subject to division	70730
(I) of this section, and shall order the offender to follow the	70731
treatment recommendations of the ~~program~~services provider. The	70732
purpose of the assessment is to determine the degree of the	70733
offender's alcohol usage and to determine whether or not treatment	70734
is warranted. Upon the request of the court, the ~~program~~services	70735
provider shall submit the results of the assessment to the court,	70736
including all treatment recommendations and clinical diagnoses	70737
related to alcohol use.	70738

(ii) If the sentence is being imposed for a violation of	70739
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	70740
section, except as otherwise provided in this division, a	70741
mandatory jail term of twenty consecutive days. The court shall	70742
impose the twenty-day mandatory jail term under this division	70743
unless, subject to division (G)(3) of this section, it instead	70744
imposes a sentence under that division consisting of both a jail	70745
term and a term of house arrest with electronic monitoring, with	70746
continuous alcohol monitoring, or with both electronic monitoring	70747
and continuous alcohol monitoring. The court may impose a jail	70748
term in addition to the twenty-day mandatory jail term. The	70749
cumulative jail term imposed for the offense shall not exceed six	70750
months.	70751

In addition to the jail term or the term of house arrest with	70752
electronic monitoring or continuous alcohol monitoring or both	70753
types of monitoring and jail term, the court shall require the	70754
offender to be assessed by ~~an alcohol and drug treatment program~~a	70755
community addiction service provider that is authorized by section	70756
~~3793.02~~5119.21 of the Revised Code, subject to division (I) of	70757
this section, and shall order the offender to follow the treatment	70758
recommendations of the ~~program~~services provider. The purpose of	70759
the assessment is to determine the degree of the offender's	70760
alcohol usage and to determine whether or not treatment is	70761
warranted. Upon the request of the court, the ~~program~~services	70762
provider shall submit the results of the assessment to the court,	70763
including all treatment recommendations and clinical diagnoses	70764
related to alcohol use.	70765

(iii) In all cases, notwithstanding the fines set forth in	70766
Chapter 2929. of the Revised Code, a fine of not less than five	70767
hundred twenty-five and not more than one thousand six hundred	70768
twenty-five dollars;	70769

(iv) In all cases, a class four license suspension of the	70770
offender's driver's license, commercial driver's license,	70771
temporary instruction permit, probationary license, or nonresident	70772
operating privilege from the range specified in division (A)(4) of	70773
section 4510.02 of the Revised Code. The court may grant limited	70774
driving privileges relative to the suspension under sections	70775
4510.021 and 4510.13 of the Revised Code.	70776

(v) In all cases, if the vehicle is registered in the	70777
offender's name, immobilization of the vehicle involved in the	70778
offense for ninety days in accordance with section 4503.233 of the	70779
Revised Code and impoundment of the license plates of that vehicle	70780
for ninety days.	70781

(c) Except as otherwise provided in division (G)(1)(e) of	70782
this section, an offender who, within six years of the offense,	70783
previously has been convicted of or pleaded guilty to two	70784
violations of division (A) or (B) of this section or other	70785
equivalent offenses is guilty of a misdemeanor. The court shall	70786
sentence the offender to all of the following:	70787

(i) If the sentence is being imposed for a violation of	70788
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	70789
mandatory jail term of thirty consecutive days. The court shall	70790
impose the thirty-day mandatory jail term under this division	70791
unless, subject to division (G)(3) of this section, it instead	70792
imposes a sentence under that division consisting of both a jail	70793
term and a term of house arrest with electronic monitoring, with	70794
continuous alcohol monitoring, or with both electronic monitoring	70795
and continuous alcohol monitoring. The court may impose a jail	70796
term in addition to the thirty-day mandatory jail term.	70797
Notwithstanding the jail terms set forth in sections 2929.21 to	70798
2929.28 of the Revised Code, the additional jail term shall not	70799
exceed one year, and the cumulative jail term imposed for the	70800
offense shall not exceed one year.	70801

(ii) If the sentence is being imposed for a violation of	70802
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	70803
section, a mandatory jail term of sixty consecutive days. The	70804
court shall impose the sixty-day mandatory jail term under this	70805
division unless, subject to division (G)(3) of this section, it	70806
instead imposes a sentence under that division consisting of both	70807
a jail term and a term of house arrest with electronic monitoring,	70808
with continuous alcohol monitoring, or with both electronic	70809
monitoring and continuous alcohol monitoring. The court may impose	70810
a jail term in addition to the sixty-day mandatory jail term.	70811
Notwithstanding the jail terms set forth in sections 2929.21 to	70812
2929.28 of the Revised Code, the additional jail term shall not	70813
exceed one year, and the cumulative jail term imposed for the	70814
offense shall not exceed one year.	70815

(iii) In all cases, notwithstanding the fines set forth in	70816
Chapter 2929. of the Revised Code, a fine of not less than eight	70817
hundred fifty and not more than two thousand seven hundred fifty	70818
dollars;	70819

(iv) In all cases, a class three license suspension of the	70820
offender's driver's license, commercial driver's license,	70821
temporary instruction permit, probationary license, or nonresident	70822
operating privilege from the range specified in division (A)(3) of	70823
section 4510.02 of the Revised Code. The court may grant limited	70824
driving privileges relative to the suspension under sections	70825
4510.021 and 4510.13 of the Revised Code.	70826

(v) In all cases, if the vehicle is registered in the	70827
offender's name, criminal forfeiture of the vehicle involved in	70828
the offense in accordance with section 4503.234 of the Revised	70829
Code. Division (G)(6) of this section applies regarding any	70830
vehicle that is subject to an order of criminal forfeiture under	70831
this division.	70832

(vi) In all cases, the court shall order the offender to	70833
participate ~~in an alcohol and drug~~with a community addiction	70834
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	70835
the Revised Code, subject to division (I) of this section, and	70836
shall order the offender to follow the treatment recommendations	70837
of the ~~program~~services provider. The operator of the ~~program~~	70838
services provider shall determine and assess the degree of the	70839
offender's alcohol dependency and shall make recommendations for	70840
treatment. Upon the request of the court, the ~~program~~services	70841
provider shall submit the results of the assessment to the court,	70842
including all treatment recommendations and clinical diagnoses	70843
related to alcohol use.	70844

(d) Except as otherwise provided in division (G)(1)(e) of	70845
this section, an offender who, within six years of the offense,	70846
previously has been convicted of or pleaded guilty to three or	70847
four violations of division (A) or (B) of this section or other	70848
equivalent offenses or an offender who, within twenty years of the	70849
offense, previously has been convicted of or pleaded guilty to	70850
five or more violations of that nature is guilty of a felony of	70851
the fourth degree. The court shall sentence the offender to all of	70852
the following:	70853

(i) If the sentence is being imposed for a violation of	70854
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	70855
mandatory prison term of one, two, three, four, or five years as	70856
required by and in accordance with division (G)(2) of section	70857
2929.13 of the Revised Code if the offender also is convicted of	70858
or also pleads guilty to a specification of the type described in	70859
section 2941.1413 of the Revised Code or, in the discretion of the	70860
court, either a mandatory term of local incarceration of sixty	70861
consecutive days in accordance with division (G)(1) of section	70862
2929.13 of the Revised Code or a mandatory prison term of sixty	70863
consecutive days in accordance with division (G)(2) of that	70864
section if the offender is not convicted of and does not plead	70865
guilty to a specification of that type. If the court imposes a	70866
mandatory term of local incarceration, it may impose a jail term	70867
in addition to the sixty-day mandatory term, the cumulative total	70868
of the mandatory term and the jail term for the offense shall not	70869
exceed one year, and, except as provided in division (A)(1) of	70870
section 2929.13 of the Revised Code, no prison term is authorized	70871
for the offense. If the court imposes a mandatory prison term,	70872
notwithstanding division (A)(4) of section 2929.14 of the Revised	70873
Code, it also may sentence the offender to a definite prison term	70874
that shall be not less than six months and not more than thirty	70875
months and the prison terms shall be imposed as described in	70876
division (G)(2) of section 2929.13 of the Revised Code. If the	70877
court imposes a mandatory prison term or mandatory prison term and	70878
additional prison term, in addition to the term or terms so	70879
imposed, the court also may sentence the offender to a community	70880
control sanction for the offense, but the offender shall serve all	70881
of the prison terms so imposed prior to serving the community	70882
control sanction.	70883

(ii) If the sentence is being imposed for a violation of	70884
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	70885
section, a mandatory prison term of one, two, three, four, or five	70886
years as required by and in accordance with division (G)(2) of	70887
section 2929.13 of the Revised Code if the offender also is	70888
convicted of or also pleads guilty to a specification of the type	70889
described in section 2941.1413 of the Revised Code or, in the	70890
discretion of the court, either a mandatory term of local	70891
incarceration of one hundred twenty consecutive days in accordance	70892
with division (G)(1) of section 2929.13 of the Revised Code or a	70893
mandatory prison term of one hundred twenty consecutive days in	70894
accordance with division (G)(2) of that section if the offender is	70895
not convicted of and does not plead guilty to a specification of	70896
that type. If the court imposes a mandatory term of local	70897
incarceration, it may impose a jail term in addition to the one	70898
hundred twenty-day mandatory term, the cumulative total of the	70899
mandatory term and the jail term for the offense shall not exceed	70900
one year, and, except as provided in division (A)(1) of section	70901
2929.13 of the Revised Code, no prison term is authorized for the	70902
offense. If the court imposes a mandatory prison term,	70903
notwithstanding division (A)(4) of section 2929.14 of the Revised	70904
Code, it also may sentence the offender to a definite prison term	70905
that shall be not less than six months and not more than thirty	70906
months and the prison terms shall be imposed as described in	70907
division (G)(2) of section 2929.13 of the Revised Code. If the	70908
court imposes a mandatory prison term or mandatory prison term and	70909
additional prison term, in addition to the term or terms so	70910
imposed, the court also may sentence the offender to a community	70911
control sanction for the offense, but the offender shall serve all	70912
of the prison terms so imposed prior to serving the community	70913
control sanction.	70914

(iii) In all cases, notwithstanding section 2929.18 of the	70915
Revised Code, a fine of not less than one thousand three hundred	70916
fifty nor more than ten thousand five hundred dollars;	70917

(iv) In all cases, a class two license suspension of the	70918
offender's driver's license, commercial driver's license,	70919
temporary instruction permit, probationary license, or nonresident	70920
operating privilege from the range specified in division (A)(2) of	70921
section 4510.02 of the Revised Code. The court may grant limited	70922
driving privileges relative to the suspension under sections	70923
4510.021 and 4510.13 of the Revised Code.	70924

(v) In all cases, if the vehicle is registered in the	70925
offender's name, criminal forfeiture of the vehicle involved in	70926
the offense in accordance with section 4503.234 of the Revised	70927
Code. Division (G)(6) of this section applies regarding any	70928
vehicle that is subject to an order of criminal forfeiture under	70929
this division.	70930

(vi) In all cases, the court shall order the offender to	70931
participate ~~in an alcohol and drug~~with a community addiction	70932
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	70933
the Revised Code, subject to division (I) of this section, and	70934
shall order the offender to follow the treatment recommendations	70935
of the ~~program~~services provider. The operator of the ~~program~~	70936
services provider shall determine and assess the degree of the	70937
offender's alcohol dependency and shall make recommendations for	70938
treatment. Upon the request of the court, the ~~program~~services	70939
provider shall submit the results of the assessment to the court,	70940
including all treatment recommendations and clinical diagnoses	70941
related to alcohol use.	70942

(vii) In all cases, if the court sentences the offender to a	70943
mandatory term of local incarceration, in addition to the	70944
mandatory term, the court, pursuant to section 2929.17 of the	70945
Revised Code, may impose a term of house arrest with electronic	70946
monitoring. The term shall not commence until after the offender	70947
has served the mandatory term of local incarceration.	70948

(e) An offender who previously has been convicted of or	70949
pleaded guilty to a violation of division (A) of this section that	70950
was a felony, regardless of when the violation and the conviction	70951
or guilty plea occurred, is guilty of a felony of the third	70952
degree. The court shall sentence the offender to all of the	70953
following:	70954

(i) If the offender is being sentenced for a violation of	70955
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	70956
mandatory prison term of one, two, three, four, or five years as	70957
required by and in accordance with division (G)(2) of section	70958
2929.13 of the Revised Code if the offender also is convicted of	70959
or also pleads guilty to a specification of the type described in	70960
section 2941.1413 of the Revised Code or a mandatory prison term	70961
of sixty consecutive days in accordance with division (G)(2) of	70962
section 2929.13 of the Revised Code if the offender is not	70963
convicted of and does not plead guilty to a specification of that	70964
type. The court may impose a prison term in addition to the	70965
mandatory prison term. The cumulative total of a sixty-day	70966
mandatory prison term and the additional prison term for the	70967
offense shall not exceed five years. In addition to the mandatory	70968
prison term or mandatory prison term and additional prison term	70969
the court imposes, the court also may sentence the offender to a	70970
community control sanction for the offense, but the offender shall	70971
serve all of the prison terms so imposed prior to serving the	70972
community control sanction.	70973

(ii) If the sentence is being imposed for a violation of	70974
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	70975
section, a mandatory prison term of one, two, three, four, or five	70976
years as required by and in accordance with division (G)(2) of	70977
section 2929.13 of the Revised Code if the offender also is	70978
convicted of or also pleads guilty to a specification of the type	70979
described in section 2941.1413 of the Revised Code or a mandatory	70980
prison term of one hundred twenty consecutive days in accordance	70981
with division (G)(2) of section 2929.13 of the Revised Code if the	70982
offender is not convicted of and does not plead guilty to a	70983
specification of that type. The court may impose a prison term in	70984
addition to the mandatory prison term. The cumulative total of a	70985
one hundred twenty-day mandatory prison term and the additional	70986
prison term for the offense shall not exceed five years. In	70987
addition to the mandatory prison term or mandatory prison term and	70988
additional prison term the court imposes, the court also may	70989
sentence the offender to a community control sanction for the	70990
offense, but the offender shall serve all of the prison terms so	70991
imposed prior to serving the community control sanction.	70992

(iii) In all cases, notwithstanding section 2929.18 of the	70993
Revised Code, a fine of not less than one thousand three hundred	70994
fifty nor more than ten thousand five hundred dollars;	70995

(iv) In all cases, a class two license suspension of the	70996
offender's driver's license, commercial driver's license,	70997
temporary instruction permit, probationary license, or nonresident	70998
operating privilege from the range specified in division (A)(2) of	70999
section 4510.02 of the Revised Code. The court may grant limited	71000
driving privileges relative to the suspension under sections	71001
4510.021 and 4510.13 of the Revised Code.	71002

(v) In all cases, if the vehicle is registered in the	71003
offender's name, criminal forfeiture of the vehicle involved in	71004
the offense in accordance with section 4503.234 of the Revised	71005
Code. Division (G)(6) of this section applies regarding any	71006
vehicle that is subject to an order of criminal forfeiture under	71007
this division.	71008

(vi) In all cases, the court shall order the offender to	71009
participate ~~in an alcohol and drug~~with a community addiction	71010
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	71011
the Revised Code, subject to division (I) of this section, and	71012
shall order the offender to follow the treatment recommendations	71013
of the ~~program~~services provider. The operator of the ~~program~~	71014
services provider shall determine and assess the degree of the	71015
offender's alcohol dependency and shall make recommendations for	71016
treatment. Upon the request of the court, the ~~program~~services	71017
provider shall submit the results of the assessment to the court,	71018
including all treatment recommendations and clinical diagnoses	71019
related to alcohol use.	71020

(2) An offender who is convicted of or pleads guilty to a	71021
violation of division (A) of this section and who subsequently	71022
seeks reinstatement of the driver's or occupational driver's	71023
license or permit or nonresident operating privilege suspended	71024
under this section as a result of the conviction or guilty plea	71025
shall pay a reinstatement fee as provided in division (F)(2) of	71026
section 4511.191 of the Revised Code.	71027

(3) If an offender is sentenced to a jail term under division	71028
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	71029
if, within sixty days of sentencing of the offender, the court	71030
issues a written finding on the record that, due to the	71031
unavailability of space at the jail where the offender is required	71032
to serve the term, the offender will not be able to begin serving	71033
that term within the sixty-day period following the date of	71034
sentencing, the court may impose an alternative sentence under	71035
this division that includes a term of house arrest with electronic	71036
monitoring, with continuous alcohol monitoring, or with both	71037
electronic monitoring and continuous alcohol monitoring.	71038

As an alternative to a mandatory jail term of ten consecutive	71039
days required by division (G)(1)(b)(i) of this section, the court,	71040
under this division, may sentence the offender to five consecutive	71041
days in jail and not less than eighteen consecutive days of house	71042
arrest with electronic monitoring, with continuous alcohol	71043
monitoring, or with both electronic monitoring and continuous	71044
alcohol monitoring. The cumulative total of the five consecutive	71045
days in jail and the period of house arrest with electronic	71046
monitoring, continuous alcohol monitoring, or both types of	71047
monitoring shall not exceed six months. The five consecutive days	71048
in jail do not have to be served prior to or consecutively to the	71049
period of house arrest.	71050

As an alternative to the mandatory jail term of twenty	71051
consecutive days required by division (G)(1)(b)(ii) of this	71052
section, the court, under this division, may sentence the offender	71053
to ten consecutive days in jail and not less than thirty-six	71054
consecutive days of house arrest with electronic monitoring, with	71055
continuous alcohol monitoring, or with both electronic monitoring	71056
and continuous alcohol monitoring. The cumulative total of the ten	71057
consecutive days in jail and the period of house arrest with	71058
electronic monitoring, continuous alcohol monitoring, or both	71059
types of monitoring shall not exceed six months. The ten	71060
consecutive days in jail do not have to be served prior to or	71061
consecutively to the period of house arrest.	71062

As an alternative to a mandatory jail term of thirty	71063
consecutive days required by division (G)(1)(c)(i) of this	71064
section, the court, under this division, may sentence the offender	71065
to fifteen consecutive days in jail and not less than fifty-five	71066
consecutive days of house arrest with electronic monitoring, with	71067
continuous alcohol monitoring, or with both electronic monitoring	71068
and continuous alcohol monitoring. The cumulative total of the	71069
fifteen consecutive days in jail and the period of house arrest	71070
with electronic monitoring, continuous alcohol monitoring, or both	71071
types of monitoring shall not exceed one year. The fifteen	71072
consecutive days in jail do not have to be served prior to or	71073
consecutively to the period of house arrest.	71074

As an alternative to the mandatory jail term of sixty	71075
consecutive days required by division (G)(1)(c)(ii) of this	71076
section, the court, under this division, may sentence the offender	71077
to thirty consecutive days in jail and not less than one hundred	71078
ten consecutive days of house arrest with electronic monitoring,	71079
with continuous alcohol monitoring, or with both electronic	71080
monitoring and continuous alcohol monitoring. The cumulative total	71081
of the thirty consecutive days in jail and the period of house	71082
arrest with electronic monitoring, continuous alcohol monitoring,	71083
or both types of monitoring shall not exceed one year. The thirty	71084
consecutive days in jail do not have to be served prior to or	71085
consecutively to the period of house arrest.	71086

(4) If an offender's driver's or occupational driver's	71087
license or permit or nonresident operating privilege is suspended	71088
under division (G) of this section and if section 4510.13 of the	71089
Revised Code permits the court to grant limited driving	71090
privileges, the court may grant the limited driving privileges in	71091
accordance with that section. If division (A)(7) of that section	71092
requires that the court impose as a condition of the privileges	71093
that the offender must display on the vehicle that is driven	71094
subject to the privileges restricted license plates that are	71095
issued under section 4503.231 of the Revised Code, except as	71096
provided in division (B) of that section, the court shall impose	71097
that condition as one of the conditions of the limited driving	71098
privileges granted to the offender, except as provided in division	71099
(B) of section 4503.231 of the Revised Code.	71100

(5) Fines imposed under this section for a violation of	71101
division (A) of this section shall be distributed as follows:	71102

(a) Twenty-five dollars of the fine imposed under division	71103
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	71104
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	71105
fine imposed under division (G)(1)(c)(iii), and two hundred ten	71106
dollars of the fine imposed under division (G)(1)(d)(iii) or	71107
(e)(iii) of this section shall be paid to an enforcement and	71108
education fund established by the legislative authority of the law	71109
enforcement agency in this state that primarily was responsible	71110
for the arrest of the offender, as determined by the court that	71111
imposes the fine. The agency shall use this share to pay only	71112
those costs it incurs in enforcing this section or a municipal OVI	71113
ordinance and in informing the public of the laws governing the	71114
operation of a vehicle while under the influence of alcohol, the	71115
dangers of the operation of a vehicle under the influence of	71116
alcohol, and other information relating to the operation of a	71117
vehicle under the influence of alcohol and the consumption of	71118
alcoholic beverages.	71119

(b) Fifty dollars of the fine imposed under division	71120
(G)(1)(a)(iii) of this section shall be paid to the political	71121
subdivision that pays the cost of housing the offender during the	71122
offender's term of incarceration. If the offender is being	71123
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	71124
(e), or (j) of this section and was confined as a result of the	71125
offense prior to being sentenced for the offense but is not	71126
sentenced to a term of incarceration, the fifty dollars shall be	71127
paid to the political subdivision that paid the cost of housing	71128
the offender during that period of confinement. The political	71129
subdivision shall use the share under this division to pay or	71130
reimburse incarceration or treatment costs it incurs in housing or	71131
providing drug and alcohol treatment to persons who violate this	71132
section or a municipal OVI ordinance, costs of any immobilizing or	71133
disabling device used on the offender's vehicle, and costs of	71134
electronic house arrest equipment needed for persons who violate	71135
this section.	71136

(c) Twenty-five dollars of the fine imposed under division	71137
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	71138
division (G)(1)(b)(iii) of this section shall be deposited into	71139
the county or municipal indigent drivers' alcohol treatment fund	71140
under the control of that court, as created by the county or	71141
municipal corporation under division (F) of section 4511.191 of	71142
the Revised Code.	71143

(d) One hundred fifteen dollars of the fine imposed under	71144
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	71145
fine imposed under division (G)(1)(c)(iii), and four hundred forty	71146
dollars of the fine imposed under division (G)(1)(d)(iii) or	71147
(e)(iii) of this section shall be paid to the political	71148
subdivision that pays the cost of housing the offender during the	71149
offender's term of incarceration. The political subdivision shall	71150
use this share to pay or reimburse incarceration or treatment	71151
costs it incurs in housing or providing drug and alcohol treatment	71152
to persons who violate this section or a municipal OVI ordinance,	71153
costs for any immobilizing or disabling device used on the	71154
offender's vehicle, and costs of electronic house arrest equipment	71155
needed for persons who violate this section.	71156

(e) Fifty dollars of the fine imposed under divisions	71157
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	71158
and (G)(1)(e)(iii) of this section shall be deposited into the	71159
special projects fund of the court in which the offender was	71160
convicted and that is established under division (E)(1) of section	71161
2303.201, division (B)(1) of section 1901.26, or division (B)(1)	71162
of section 1907.24 of the Revised Code, to be used exclusively to	71163
cover the cost of immobilizing or disabling devices, including	71164
certified ignition interlock devices, and remote alcohol	71165
monitoring devices for indigent offenders who are required by a	71166
judge to use either of these devices. If the court in which the	71167
offender was convicted does not have a special projects fund that	71168
is established under division (E)(1) of section 2303.201, division	71169
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24	71170
of the Revised Code, the fifty dollars shall be deposited into the	71171
indigent drivers interlock and alcohol monitoring fund under	71172
division (I) of section 4511.191 of the Revised Code.	71173

(f) Seventy-five dollars of the fine imposed under division	71174
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	71175
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	71176
of the fine imposed under division (G)(1)(c)(iii), and five	71177
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	71178
or (e)(iii) of this section shall be transmitted to the treasurer	71179
of state for deposit into the indigent defense support fund	71180
established under section 120.08 of the Revised Code.	71181

(g) The balance of the fine imposed under division	71182
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	71183
section shall be disbursed as otherwise provided by law.	71184

(6) If title to a motor vehicle that is subject to an order	71185
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	71186
this section is assigned or transferred and division (B)(2) or (3)	71187
of section 4503.234 of the Revised Code applies, in addition to or	71188
independent of any other penalty established by law, the court may	71189
fine the offender the value of the vehicle as determined by	71190
publications of the national automobile dealers association. The	71191
proceeds of any fine so imposed shall be distributed in accordance	71192
with division (C)(2) of that section.	71193

(7) In all cases in which an offender is sentenced under	71194
division (G) of this section, the offender shall provide the court	71195
with proof of financial responsibility as defined in section	71196
4509.01 of the Revised Code. If the offender fails to provide that	71197
proof of financial responsibility, the court, in addition to any	71198
other penalties provided by law, may order restitution pursuant to	71199
section 2929.18 or 2929.28 of the Revised Code in an amount not	71200
exceeding five thousand dollars for any economic loss arising from	71201
an accident or collision that was the direct and proximate result	71202
of the offender's operation of the vehicle before, during, or	71203
after committing the offense for which the offender is sentenced	71204
under division (G) of this section.	71205

(8) As used in division (G) of this section, "electronic	71206
monitoring," "mandatory prison term," and "mandatory term of local	71207
incarceration" have the same meanings as in section 2929.01 of the	71208
Revised Code.	71209

(H) Whoever violates division (B) of this section is guilty	71210
of operating a vehicle after underage alcohol consumption and	71211
shall be punished as follows:	71212

(1) Except as otherwise provided in division (H)(2) of this	71213
section, the offender is guilty of a misdemeanor of the fourth	71214
degree. In addition to any other sanction imposed for the offense,	71215
the court shall impose a class six suspension of the offender's	71216
driver's license, commercial driver's license, temporary	71217
instruction permit, probationary license, or nonresident operating	71218
privilege from the range specified in division (A)(6) of section	71219
4510.02 of the Revised Code.	71220

(2) If, within one year of the offense, the offender	71221
previously has been convicted of or pleaded guilty to one or more	71222
violations of division (A) or (B) of this section or other	71223
equivalent offenses, the offender is guilty of a misdemeanor of	71224
the third degree. In addition to any other sanction imposed for	71225
the offense, the court shall impose a class four suspension of the	71226
offender's driver's license, commercial driver's license,	71227
temporary instruction permit, probationary license, or nonresident	71228
operating privilege from the range specified in division (A)(4) of	71229
section 4510.02 of the Revised Code.	71230

(3) If the offender also is convicted of or also pleads	71231
guilty to a specification of the type described in section	71232
2941.1416 of the Revised Code and if the court imposes a jail term	71233
for the violation of division (B) of this section, the court shall	71234
impose upon the offender an additional definite jail term pursuant	71235
to division (E) of section 2929.24 of the Revised Code.	71236

(4) The offender shall provide the court with proof of	71237
financial responsibility as defined in section 4509.01 of the	71238
Revised Code. If the offender fails to provide that proof of	71239
financial responsibility, then, in addition to any other penalties	71240
provided by law, the court may order restitution pursuant to	71241
section 2929.28 of the Revised Code in an amount not exceeding	71242
five thousand dollars for any economic loss arising from an	71243
accident or collision that was the direct and proximate result of	71244
the offender's operation of the vehicle before, during, or after	71245
committing the violation of division (B) of this section.	71246

(I)(1) No court shall sentence an offender to an alcohol	71247
treatment program under this section unless the treatment program	71248
complies with the minimum standards for alcohol treatment programs	71249
adopted under Chapter ~~3793.~~5119. of the Revised Code by the	71250
director of ~~alcohol and drug addiction services~~mental health and	71251
addiction services.	71252

(2) An offender who stays in a drivers' intervention program	71253
or in an alcohol treatment program under an order issued under	71254
this section shall pay the cost of the stay in the program.	71255
However, if the court determines that an offender who stays in an	71256
alcohol treatment program under an order issued under this section	71257
is unable to pay the cost of the stay in the program, the court	71258
may order that the cost be paid from the court's indigent drivers'	71259
alcohol treatment fund.	71260

(J) If a person whose driver's or commercial driver's license	71261
or permit or nonresident operating privilege is suspended under	71262
this section files an appeal regarding any aspect of the person's	71263
trial or sentence, the appeal itself does not stay the operation	71264
of the suspension.	71265

(K) Division (A)(1)(j) of this section does not apply to a	71266
person who operates a vehicle, streetcar, or trackless trolley	71267
while the person has a concentration of a listed controlled	71268
substance or a listed metabolite of a controlled substance in the	71269
person's whole blood, blood serum or plasma, or urine that equals	71270
or exceeds the amount specified in that division, if both of the	71271
following apply:	71272

(1) The person obtained the controlled substance pursuant to	71273
a prescription issued by a licensed health professional authorized	71274
to prescribe drugs.	71275

(2) The person injected, ingested, or inhaled the controlled	71276
substance in accordance with the health professional's directions.	71277

(L) The prohibited concentrations of a controlled substance	71278
or a metabolite of a controlled substance listed in division	71279
(A)(1)(j) of this section also apply in a prosecution of a	71280
violation of division (D) of section 2923.16 of the Revised Code	71281
in the same manner as if the offender is being prosecuted for a	71282
prohibited concentration of alcohol.	71283

(M) All terms defined in section 4510.01 of the Revised Code	71284
apply to this section. If the meaning of a term defined in section	71285
4510.01 of the Revised Code conflicts with the meaning of the same	71286
term as defined in section 4501.01 or 4511.01 of the Revised Code,	71287
the term as defined in section 4510.01 of the Revised Code applies	71288
to this section.	71289

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	71290
as adopted by the supreme court under authority of section 2937.46	71291
of the Revised Code, do not apply to felony violations of this	71292
section. Subject to division (N)(2) of this section, the Rules of	71293
Criminal Procedure apply to felony violations of this section.	71294

(2) If, on or after January 1, 2004, the supreme court	71295
modifies the Ohio Traffic Rules to provide procedures to govern	71296
felony violations of this section, the modified rules shall apply	71297
to felony violations of this section.	71298

Sec. 4511.191. (A)(1) As used in this section:

71299

(a) "Physical control" has the same meaning as in section	71300
4511.194 of the Revised Code.	71301

(b) "Alcohol monitoring device" means any device that	71302
provides for continuous alcohol monitoring, any ignition interlock	71303
device, any immobilizing or disabling device other than an	71304
ignition interlock device that is constantly available to monitor	71305
the concentration of alcohol in a person's system, or any other	71306
device that provides for the automatic testing and periodic	71307
reporting of alcohol consumption by a person and that a court	71308
orders a person to use as a sanction imposed as a result of the	71309
person's conviction of or plea of guilty to an offense.	71310

(2) Any person who operates a vehicle, streetcar, or	71311
trackless trolley upon a highway or any public or private property	71312
used by the public for vehicular travel or parking within this	71313
state or who is in physical control of a vehicle, streetcar, or	71314
trackless trolley shall be deemed to have given consent to a	71315
chemical test or tests of the person's whole blood, blood serum or	71316
plasma, breath, or urine to determine the alcohol, drug of abuse,	71317
controlled substance, metabolite of a controlled substance, or	71318
combination content of the person's whole blood, blood serum or	71319
plasma, breath, or urine if arrested for a violation of division	71320
(A) or (B) of section 4511.19 of the Revised Code, section	71321
4511.194 of the Revised Code or a substantially equivalent	71322
municipal ordinance, or a municipal OVI ordinance.	71323

(3) The chemical test or tests under division (A)(2) of this	71324
section shall be administered at the request of a law enforcement	71325
officer having reasonable grounds to believe the person was	71326
operating or in physical control of a vehicle, streetcar, or	71327
trackless trolley in violation of a division, section, or	71328
ordinance identified in division (A)(2) of this section. The law	71329
enforcement agency by which the officer is employed shall	71330
designate which of the tests shall be administered.	71331

(4) Any person who is dead or unconscious, or who otherwise	71332
is in a condition rendering the person incapable of refusal, shall	71333
be deemed to have consented as provided in division (A)(2) of this	71334
section, and the test or tests may be administered, subject to	71335
sections 313.12 to 313.16 of the Revised Code.	71336

(5)(a) If a law enforcement officer arrests a person for a	71337
violation of division (A) or (B) of section 4511.19 of the Revised	71338
Code, section 4511.194 of the Revised Code or a substantially	71339
equivalent municipal ordinance, or a municipal OVI ordinance and	71340
if the person if convicted would be required to be sentenced under	71341
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	71342
Code, the law enforcement officer shall request the person to	71343
submit, and the person shall submit, to a chemical test or tests	71344
of the person's whole blood, blood serum or plasma, breath, or	71345
urine for the purpose of determining the alcohol, drug of abuse,	71346
controlled substance, metabolite of a controlled substance, or	71347
combination content of the person's whole blood, blood serum or	71348
plasma, breath, or urine. A law enforcement officer who makes a	71349
request pursuant to this division that a person submit to a	71350
chemical test or tests is not required to advise the person of the	71351
consequences of submitting to, or refusing to submit to, the test	71352
or tests and is not required to give the person the form described	71353
in division (B) of section 4511.192 of the Revised Code, but the	71354
officer shall advise the person at the time of the arrest that if	71355
the person refuses to take a chemical test the officer may employ	71356
whatever reasonable means are necessary to ensure that the person	71357
submits to a chemical test of the person's whole blood or blood	71358
serum or plasma. The officer shall also advise the person at the	71359
time of the arrest that the person may have an independent	71360
chemical test taken at the person's own expense. Divisions (A)(3)	71361
and (4) of this section apply to the administration of a chemical	71362
test or tests pursuant to this division.	71363

(b) If a person refuses to submit to a chemical test upon a	71364
request made pursuant to division (A)(5)(a) of this section, the	71365
law enforcement officer who made the request may employ whatever	71366
reasonable means are necessary to ensure that the person submits	71367
to a chemical test of the person's whole blood or blood serum or	71368
plasma. A law enforcement officer who acts pursuant to this	71369
division to ensure that a person submits to a chemical test of the	71370
person's whole blood or blood serum or plasma is immune from	71371
criminal and civil liability based upon a claim for assault and	71372
battery or any other claim for the acts, unless the officer so	71373
acted with malicious purpose, in bad faith, or in a wanton or	71374
reckless manner.	71375

(B)(1) Upon receipt of the sworn report of a law enforcement	71376
officer who arrested a person for a violation of division (A) or	71377
(B) of section 4511.19 of the Revised Code, section 4511.194 of	71378
the Revised Code or a substantially equivalent municipal	71379
ordinance, or a municipal OVI ordinance that was completed and	71380
sent to the registrar of motor vehicles and a court pursuant to	71381
section 4511.192 of the Revised Code in regard to a person who	71382
refused to take the designated chemical test, the registrar shall	71383
enter into the registrar's records the fact that the person's	71384
driver's or commercial driver's license or permit or nonresident	71385
operating privilege was suspended by the arresting officer under	71386
this division and that section and the period of the suspension,	71387
as determined under this section. The suspension shall be subject	71388
to appeal as provided in section 4511.197 of the Revised Code. The	71389
suspension shall be for whichever of the following periods	71390
applies:	71391

(a) Except when division (B)(1)(b), (c), or (d) of this	71392
section applies and specifies a different class or length of	71393
suspension, the suspension shall be a class C suspension for the	71394
period of time specified in division (B)(3) of section 4510.02 of	71395
the Revised Code.	71396

(b) If the arrested person, within six years of the date on	71397
which the person refused the request to consent to the chemical	71398
test, had refused one previous request to consent to a chemical	71399
test or had been convicted of or pleaded guilty to one violation	71400
of division (A) or (B) of section 4511.19 of the Revised Code or	71401
one other equivalent offense, the suspension shall be a class B	71402
suspension imposed for the period of time specified in division	71403
(B)(2) of section 4510.02 of the Revised Code.	71404

(c) If the arrested person, within six years of the date on	71405
which the person refused the request to consent to the chemical	71406
test, had refused two previous requests to consent to a chemical	71407
test, had been convicted of or pleaded guilty to two violations of	71408
division (A) or (B) of section 4511.19 of the Revised Code or	71409
other equivalent offenses, or had refused one previous request to	71410
consent to a chemical test and also had been convicted of or	71411
pleaded guilty to one violation of division (A) or (B) of section	71412
4511.19 of the Revised Code or other equivalent offenses, which	71413
violation or offense arose from an incident other than the	71414
incident that led to the refusal, the suspension shall be a class	71415
A suspension imposed for the period of time specified in division	71416
(B)(1) of section 4510.02 of the Revised Code.	71417

(d) If the arrested person, within six years of the date on	71418
which the person refused the request to consent to the chemical	71419
test, had refused three or more previous requests to consent to a	71420
chemical test, had been convicted of or pleaded guilty to three or	71421
more violations of division (A) or (B) of section 4511.19 of the	71422
Revised Code or other equivalent offenses, or had refused a number	71423
of previous requests to consent to a chemical test and also had	71424
been convicted of or pleaded guilty to a number of violations of	71425
division (A) or (B) of section 4511.19 of the Revised Code or	71426
other equivalent offenses that cumulatively total three or more	71427
such refusals, convictions, and guilty pleas, the suspension shall	71428
be for five years.	71429

(2) The registrar shall terminate a suspension of the	71430
driver's or commercial driver's license or permit of a resident or	71431
of the operating privilege of a nonresident, or a denial of a	71432
driver's or commercial driver's license or permit, imposed	71433
pursuant to division (B)(1) of this section upon receipt of notice	71434
that the person has entered a plea of guilty to, or that the	71435
person has been convicted after entering a plea of no contest to,	71436
operating a vehicle in violation of section 4511.19 of the Revised	71437
Code or in violation of a municipal OVI ordinance, if the offense	71438
for which the conviction is had or the plea is entered arose from	71439
the same incident that led to the suspension or denial.	71440

The registrar shall credit against any judicial suspension of	71441
a person's driver's or commercial driver's license or permit or	71442
nonresident operating privilege imposed pursuant to section	71443
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	71444
Revised Code for a violation of a municipal OVI ordinance, any	71445
time during which the person serves a related suspension imposed	71446
pursuant to division (B)(1) of this section.	71447

(C)(1) Upon receipt of the sworn report of the law	71448
enforcement officer who arrested a person for a violation of	71449
division (A) or (B) of section 4511.19 of the Revised Code or a	71450
municipal OVI ordinance that was completed and sent to the	71451
registrar and a court pursuant to section 4511.192 of the Revised	71452
Code in regard to a person whose test results indicate that the	71453
person's whole blood, blood serum or plasma, breath, or urine	71454
contained at least the concentration of alcohol specified in	71455
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	71456
Revised Code or at least the concentration of a listed controlled	71457
substance or a listed metabolite of a controlled substance	71458
specified in division (A)(1)(j) of section 4511.19 of the Revised	71459
Code, the registrar shall enter into the registrar's records the	71460
fact that the person's driver's or commercial driver's license or	71461
permit or nonresident operating privilege was suspended by the	71462
arresting officer under this division and section 4511.192 of the	71463
Revised Code and the period of the suspension, as determined under	71464
divisions (C)(1)(a) to (d) of this section. The suspension shall	71465
be subject to appeal as provided in section 4511.197 of the	71466
Revised Code. The suspension described in this division does not	71467
apply to, and shall not be imposed upon, a person arrested for a	71468
violation of section 4511.194 of the Revised Code or a	71469
substantially equivalent municipal ordinance who submits to a	71470
designated chemical test. The suspension shall be for whichever of	71471
the following periods applies:	71472

(a) Except when division (C)(1)(b), (c), or (d) of this	71473
section applies and specifies a different period, the suspension	71474
shall be a class E suspension imposed for the period of time	71475
specified in division (B)(5) of section 4510.02 of the Revised	71476
Code.	71477

(b) The suspension shall be a class C suspension for the	71478
period of time specified in division (B)(3) of section 4510.02 of	71479
the Revised Code if the person has been convicted of or pleaded	71480
guilty to, within six years of the date the test was conducted,	71481
one violation of division (A) or (B) of section 4511.19 of the	71482
Revised Code or one other equivalent offense.	71483

(c) If, within six years of the date the test was conducted,	71484
the person has been convicted of or pleaded guilty to two	71485
violations of a statute or ordinance described in division	71486
(C)(1)(b) of this section, the suspension shall be a class B	71487
suspension imposed for the period of time specified in division	71488
(B)(2) of section 4510.02 of the Revised Code.	71489

(d) If, within six years of the date the test was conducted,	71490
the person has been convicted of or pleaded guilty to more than	71491
two violations of a statute or ordinance described in division	71492
(C)(1)(b) of this section, the suspension shall be a class A	71493
suspension imposed for the period of time specified in division	71494
(B)(1) of section 4510.02 of the Revised Code.	71495

(2) The registrar shall terminate a suspension of the	71496
driver's or commercial driver's license or permit of a resident or	71497
of the operating privilege of a nonresident, or a denial of a	71498
driver's or commercial driver's license or permit, imposed	71499
pursuant to division (C)(1) of this section upon receipt of notice	71500
that the person has entered a plea of guilty to, or that the	71501
person has been convicted after entering a plea of no contest to,	71502
operating a vehicle in violation of section 4511.19 of the Revised	71503
Code or in violation of a municipal OVI ordinance, if the offense	71504
for which the conviction is had or the plea is entered arose from	71505
the same incident that led to the suspension or denial.	71506

The registrar shall credit against any judicial suspension of	71507
a person's driver's or commercial driver's license or permit or	71508
nonresident operating privilege imposed pursuant to section	71509
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	71510
Revised Code for a violation of a municipal OVI ordinance, any	71511
time during which the person serves a related suspension imposed	71512
pursuant to division (C)(1) of this section.	71513

(D)(1) A suspension of a person's driver's or commercial	71514
driver's license or permit or nonresident operating privilege	71515
under this section for the time described in division (B) or (C)	71516
of this section is effective immediately from the time at which	71517
the arresting officer serves the notice of suspension upon the	71518
arrested person. Any subsequent finding that the person is not	71519
guilty of the charge that resulted in the person being requested	71520
to take the chemical test or tests under division (A) of this	71521
section does not affect the suspension.	71522

(2) If a person is arrested for operating a vehicle,	71523
streetcar, or trackless trolley in violation of division (A) or	71524
(B) of section 4511.19 of the Revised Code or a municipal OVI	71525
ordinance, or for being in physical control of a vehicle,	71526
streetcar, or trackless trolley in violation of section 4511.194	71527
of the Revised Code or a substantially equivalent municipal	71528
ordinance, regardless of whether the person's driver's or	71529
commercial driver's license or permit or nonresident operating	71530
privilege is or is not suspended under division (B) or (C) of this	71531
section or Chapter 4510. of the Revised Code, the person's initial	71532
appearance on the charge resulting from the arrest shall be held	71533
within five days of the person's arrest or the issuance of the	71534
citation to the person, subject to any continuance granted by the	71535
court pursuant to section 4511.197 of the Revised Code regarding	71536
the issues specified in that division.	71537

(E) When it finally has been determined under the procedures	71538
of this section and sections 4511.192 to 4511.197 of the Revised	71539
Code that a nonresident's privilege to operate a vehicle within	71540
this state has been suspended, the registrar shall give	71541
information in writing of the action taken to the motor vehicle	71542
administrator of the state of the person's residence and of any	71543
state in which the person has a license.	71544

(F) At the end of a suspension period under this section,	71545
under section 4511.194, section 4511.196, or division (G) of	71546
section 4511.19 of the Revised Code, or under section 4510.07 of	71547
the Revised Code for a violation of a municipal OVI ordinance and	71548
upon the request of the person whose driver's or commercial	71549
driver's license or permit was suspended and who is not otherwise	71550
subject to suspension, cancellation, or disqualification, the	71551
registrar shall return the driver's or commercial driver's license	71552
or permit to the person upon the occurrence of all of the	71553
conditions specified in divisions (F)(1) and (2) of this section:	71554

(1) A showing that the person has proof of financial	71555
responsibility, a policy of liability insurance in effect that	71556
meets the minimum standards set forth in section 4509.51 of the	71557
Revised Code, or proof, to the satisfaction of the registrar, that	71558
the person is able to respond in damages in an amount at least	71559
equal to the minimum amounts specified in section 4509.51 of the	71560
Revised Code.	71561

(2) Subject to the limitation contained in division (F)(3) of	71562
this section, payment by the person to the registrar or an	71563
eligible deputy registrar of a license reinstatement fee of four	71564
hundred seventy-five dollars, which fee shall be deposited in the	71565
state treasury and credited as follows:	71566

(a) One hundred twelve dollars and fifty cents shall be	71567
credited to the statewide treatment and prevention fund created by	71568
section 4301.30 of the Revised Code. Money credited to the fund	71569
under this section shall be used for purposes identified ~~in the~~	71570
~~comprehensive statewide alcohol and drug addiction services plan~~	71571
~~developed~~ under section ~~3793.04~~5119.22 of the Revised Code.	71572

(b) Seventy-five dollars shall be credited to the reparations	71573
fund created by section 2743.191 of the Revised Code.	71574

(c) Thirty-seven dollars and fifty cents shall be credited to	71575
the indigent drivers alcohol treatment fund, which is hereby	71576
established in the state treasury. Except as otherwise provided in	71577
division (F)(2)(c) of this section, moneys in the fund shall be	71578
distributed by the department of ~~alcohol and drug addiction~~	71579
~~services~~mental health and addiction services to the county	71580
indigent drivers alcohol treatment funds, the county juvenile	71581
indigent drivers alcohol treatment funds, and the municipal	71582
indigent drivers alcohol treatment funds that are required to be	71583
established by counties and municipal corporations pursuant to	71584
division (H) of this section, and shall be used only to pay the	71585
cost of an alcohol and drug addiction treatment program attended	71586
by an offender or juvenile traffic offender who is ordered to	71587
attend an alcohol and drug addiction treatment program by a	71588
county, juvenile, or municipal court judge and who is determined	71589
by the county, juvenile, or municipal court judge not to have the	71590
means to pay for the person's attendance at the program or to pay	71591
the costs specified in division (H)(4) of this section in	71592
accordance with that division. In addition, a county, juvenile, or	71593
municipal court judge may use moneys in the county indigent	71594
drivers alcohol treatment fund, county juvenile indigent drivers	71595
alcohol treatment fund, or municipal indigent drivers alcohol	71596
treatment fund to pay for the cost of the continued use of an	71597
alcohol monitoring device as described in divisions (H)(3) and (4)	71598
of this section. Moneys in the fund that are not distributed to a	71599
county indigent drivers alcohol treatment fund, a county juvenile	71600
indigent drivers alcohol treatment fund, or a municipal indigent	71601
drivers alcohol treatment fund under division (H) of this section	71602
because the director of ~~alcohol and drug addiction services~~mental	71603
health and addiction services does not have the information	71604
necessary to identify the county or municipal corporation where	71605
the offender or juvenile offender was arrested may be transferred	71606
by the director of budget and management to the statewide	71607
treatment and prevention fund created by section 4301.30 of the	71608
Revised Code, upon certification of the amount by the director of	71609
~~alcohol and drug addiction services~~mental health and addiction	71610
services.	71611

(d) Seventy-five dollars shall be credited to the ~~Ohio~~	71612
rehabilitation services commission established by section 3304.12	71613
of the Revised Code, to the services for rehabilitation fund,	71614
which is hereby established. The fund shall be used to match	71615
available federal matching funds where appropriate, and for any	71616
other purpose or program of the commission to rehabilitate people	71617
with disabilities to help them become employed and independent.	71618

(e) Seventy-five dollars shall be deposited into the state	71619
treasury and credited to the drug abuse resistance education	71620
programs fund, which is hereby established, to be used by the	71621
attorney general for the purposes specified in division (F)(4) of	71622
this section.	71623

(f) Thirty dollars shall be credited to the state bureau of	71624
motor vehicles fund created by section 4501.25 of the Revised	71625
Code.	71626

(g) Twenty dollars shall be credited to the trauma and	71627
emergency medical services fund created by section 4513.263 of the	71628
Revised Code.	71629

(h) Fifty dollars shall be credited to the indigent drivers	71630
interlock and alcohol monitoring fund, which is hereby established	71631
in the state treasury. Moneys in the fund shall be distributed by	71632
the department of public safety to the county indigent drivers	71633
interlock and alcohol monitoring funds, the county juvenile	71634
indigent drivers interlock and alcohol monitoring funds, and the	71635
municipal indigent drivers interlock and alcohol monitoring funds	71636
that are required to be established by counties and municipal	71637
corporations pursuant to this section, and shall be used only to	71638
pay the cost of an immobilizing or disabling device, including a	71639
certified ignition interlock device, or an alcohol monitoring	71640
device used by an offender or juvenile offender who is ordered to	71641
use the device by a county, juvenile, or municipal court judge and	71642
who is determined by the county, juvenile, or municipal court	71643
judge not to have the means to pay for the person's use of the	71644
device.	71645

(3) If a person's driver's or commercial driver's license or	71646
permit is suspended under this section, under section 4511.196 or	71647
division (G) of section 4511.19 of the Revised Code, under section	71648
4510.07 of the Revised Code for a violation of a municipal OVI	71649
ordinance or under any combination of the suspensions described in	71650
division (F)(3) of this section, and if the suspensions arise from	71651
a single incident or a single set of facts and circumstances, the	71652
person is liable for payment of, and shall be required to pay to	71653
the registrar or an eligible deputy registrar, only one	71654
reinstatement fee of four hundred seventy-five dollars. The	71655
reinstatement fee shall be distributed by the bureau in accordance	71656
with division (F)(2) of this section.	71657

(4) The attorney general shall use amounts in the drug abuse	71658
resistance education programs fund to award grants to law	71659
enforcement agencies to establish and implement drug abuse	71660
resistance education programs in public schools. Grants awarded to	71661
a law enforcement agency under this section shall be used by the	71662
agency to pay for not more than fifty per cent of the amount of	71663
the salaries of law enforcement officers who conduct drug abuse	71664
resistance education programs in public schools. The attorney	71665
general shall not use more than six per cent of the amounts the	71666
attorney general's office receives under division (F)(2)(e) of	71667
this section to pay the costs it incurs in administering the grant	71668
program established by division (F)(2)(e) of this section and in	71669
providing training and materials relating to drug abuse resistance	71670
education programs.	71671

The attorney general shall report to the governor and the	71672
general assembly each fiscal year on the progress made in	71673
establishing and implementing drug abuse resistance education	71674
programs. These reports shall include an evaluation of the	71675
effectiveness of these programs.	71676

(5) In addition to the reinstatement fee under this section,	71677
if the person pays the reinstatement fee to a deputy registrar,	71678
the deputy registrar shall collect a service fee of ten dollars to	71679
compensate the deputy registrar for services performed under this	71680
section. The deputy registrar shall retain eight dollars of the	71681
service fee and shall transmit the reinstatement fee, plus two	71682
dollars of the service fee, to the registrar in the manner the	71683
registrar shall determine.	71684

(G) Suspension of a commercial driver's license under	71685
division (B) or (C) of this section shall be concurrent with any	71686
period of disqualification under section 3123.611 or 4506.16 of	71687
the Revised Code or any period of suspension under section 3123.58	71688
of the Revised Code. No person who is disqualified for life from	71689
holding a commercial driver's license under section 4506.16 of the	71690
Revised Code shall be issued a driver's license under Chapter	71691
4507. of the Revised Code during the period for which the	71692
commercial driver's license was suspended under division (B) or	71693
(C) of this section. No person whose commercial driver's license	71694
is suspended under division (B) or (C) of this section shall be	71695
issued a driver's license under Chapter 4507. of the Revised Code	71696
during the period of the suspension.	71697

(H)(1) Each county shall establish an indigent drivers	71698
alcohol treatment fund, each county shall establish a juvenile	71699
indigent drivers alcohol treatment fund, and each municipal	71700
corporation in which there is a municipal court shall establish an	71701
indigent drivers alcohol treatment fund. All revenue that the	71702
general assembly appropriates to the indigent drivers alcohol	71703
treatment fund for transfer to a county indigent drivers alcohol	71704
treatment fund, a county juvenile indigent drivers alcohol	71705
treatment fund, or a municipal indigent drivers alcohol treatment	71706
fund, all portions of fees that are paid under division (F) of	71707
this section and that are credited under that division to the	71708
indigent drivers alcohol treatment fund in the state treasury for	71709
a county indigent drivers alcohol treatment fund, a county	71710
juvenile indigent drivers alcohol treatment fund, or a municipal	71711
indigent drivers alcohol treatment fund, all portions of	71712
additional costs imposed under section 2949.094 of the Revised	71713
Code that are specified for deposit into a county, county	71714
juvenile, or municipal indigent drivers alcohol treatment fund by	71715
that section, and all portions of fines that are specified for	71716
deposit into a county or municipal indigent drivers alcohol	71717
treatment fund by section 4511.193 of the Revised Code shall be	71718
deposited into that county indigent drivers alcohol treatment	71719
fund, county juvenile indigent drivers alcohol treatment fund, or	71720
municipal indigent drivers alcohol treatment fund. The portions of	71721
the fees paid under division (F) of this section that are to be so	71722
deposited shall be determined in accordance with division (H)(2)	71723
of this section. Additionally, all portions of fines that are paid	71724
for a violation of section 4511.19 of the Revised Code or of any	71725
prohibition contained in Chapter 4510. of the Revised Code, and	71726
that are required under section 4511.19 or any provision of	71727
Chapter 4510. of the Revised Code to be deposited into a county	71728
indigent drivers alcohol treatment fund or municipal indigent	71729
drivers alcohol treatment fund shall be deposited into the	71730
appropriate fund in accordance with the applicable division of the	71731
section or provision.	71732

(2) That portion of the license reinstatement fee that is	71733
paid under division (F) of this section and that is credited under	71734
that division to the indigent drivers alcohol treatment fund shall	71735
be deposited into a county indigent drivers alcohol treatment	71736
fund, a county juvenile indigent drivers alcohol treatment fund,	71737
or a municipal indigent drivers alcohol treatment fund as follows:	71738

(a) Regarding a suspension imposed under this section, that	71739
portion of the fee shall be deposited as follows:	71740

(i) If the fee is paid by a person who was charged in a	71741
county court with the violation that resulted in the suspension or	71742
in the imposition of the court costs, the portion shall be	71743
deposited into the county indigent drivers alcohol treatment fund	71744
under the control of that court;	71745

(ii) If the fee is paid by a person who was charged in a	71746
juvenile court with the violation that resulted in the suspension	71747
or in the imposition of the court costs, the portion shall be	71748
deposited into the county juvenile indigent drivers alcohol	71749
treatment fund established in the county served by the court;	71750

(iii) If the fee is paid by a person who was charged in a	71751
municipal court with the violation that resulted in the suspension	71752
or in the imposition of the court costs, the portion shall be	71753
deposited into the municipal indigent drivers alcohol treatment	71754
fund under the control of that court.	71755

(b) Regarding a suspension imposed under section 4511.19 of	71756
the Revised Code or under section 4510.07 of the Revised Code for	71757
a violation of a municipal OVI ordinance, that portion of the fee	71758
shall be deposited as follows:	71759

(i) If the fee is paid by a person whose license or permit	71760
was suspended by a county court, the portion shall be deposited	71761
into the county indigent drivers alcohol treatment fund under the	71762
control of that court;	71763

(ii) If the fee is paid by a person whose license or permit	71764
was suspended by a municipal court, the portion shall be deposited	71765
into the municipal indigent drivers alcohol treatment fund under	71766
the control of that court.	71767

(3) Expenditures from a county indigent drivers alcohol	71768
treatment fund, a county juvenile indigent drivers alcohol	71769
treatment fund, or a municipal indigent drivers alcohol treatment	71770
fund shall be made only upon the order of a county, juvenile, or	71771
municipal court judge and only for payment of the cost of an	71772
assessment or the cost of the attendance at an alcohol and drug	71773
addiction treatment program of a person who is convicted of, or	71774
found to be a juvenile traffic offender by reason of, a violation	71775
of division (A) of section 4511.19 of the Revised Code or a	71776
substantially similar municipal ordinance, who is ordered by the	71777
court to attend the alcohol and drug addiction treatment program,	71778
and who is determined by the court to be unable to pay the cost of	71779
the assessment or the cost of attendance at the treatment program	71780
or for payment of the costs specified in division (H)(4) of this	71781
section in accordance with that division. The alcohol and drug	71782
addiction services board or the board of alcohol, drug addiction,	71783
and mental health services established pursuant to section 340.02	71784
or 340.021 of the Revised Code and serving the alcohol, drug	71785
addiction, and mental health service district in which the court	71786
is located shall administer the indigent drivers alcohol treatment	71787
program of the court. When a court orders an offender or juvenile	71788
traffic offender to obtain an assessment or attend an alcohol and	71789
drug addiction treatment program, the board shall determine which	71790
program is suitable to meet the needs of the offender or juvenile	71791
traffic offender, and when a suitable program is located and space	71792
is available at the program, the offender or juvenile traffic	71793
offender shall attend the program designated by the board. A	71794
reasonable amount not to exceed five per cent of the amounts	71795
credited to and deposited into the county indigent drivers alcohol	71796
treatment fund, the county juvenile indigent drivers alcohol	71797
treatment fund, or the municipal indigent drivers alcohol	71798
treatment fund serving every court whose program is administered	71799
by that board shall be paid to the board to cover the costs it	71800
incurs in administering those indigent drivers alcohol treatment	71801
programs.	71802

In addition, upon exhaustion of moneys in the indigent	71803
drivers interlock and alcohol monitoring fund for the use of an	71804
alcohol monitoring device, a county, juvenile, or municipal court	71805
judge may use moneys in the county indigent drivers alcohol	71806
treatment fund, county juvenile indigent drivers alcohol treatment	71807
fund, or municipal indigent drivers alcohol treatment fund in the	71808
following manners:	71809

(a) If the source of the moneys was an appropriation of the	71810
general assembly, a portion of a fee that was paid under division	71811
(F) of this section, a portion of a fine that was specified for	71812
deposit into the fund by section 4511.193 of the Revised Code, or	71813
a portion of a fine that was paid for a violation of section	71814
4511.19 of the Revised Code or of a provision contained in Chapter	71815
4510. of the Revised Code that was required to be deposited into	71816
the fund, to pay for the continued use of an alcohol monitoring	71817
device by an offender or juvenile traffic offender, in conjunction	71818
with a treatment program approved by the department of ~~alcohol and~~	71819
~~drug addiction services~~mental health and addiction services, when	71820
such use is determined clinically necessary by the treatment	71821
program and when the court determines that the offender or	71822
juvenile traffic offender is unable to pay all or part of the	71823
daily monitoring or cost of the device;	71824

(b) If the source of the moneys was a portion of an	71825
additional court cost imposed under section 2949.094 of the	71826
Revised Code, to pay for the continued use of an alcohol	71827
monitoring device by an offender or juvenile traffic offender when	71828
the court determines that the offender or juvenile traffic	71829
offender is unable to pay all or part of the daily monitoring or	71830
cost of the device. The moneys may be used for a device as	71831
described in this division if the use of the device is in	71832
conjunction with a treatment program approved by the department of	71833
~~alcohol and drug addiction services~~mental health and addiction	71834
services, when the use of the device is determined clinically	71835
necessary by the treatment program, but the use of a device is not	71836
required to be in conjunction with a treatment program approved by	71837
the department in order for the moneys to be used for the device	71838
as described in this division.	71839

(4) If a county, juvenile, or municipal court determines, in	71840
consultation with the alcohol and drug addiction services board or	71841
the board of alcohol, drug addiction, and mental health services	71842
established pursuant to section 340.02 or 340.021 of the Revised	71843
Code and serving the alcohol, drug addiction, and mental health	71844
district in which the court is located, that the funds in the	71845
county indigent drivers alcohol treatment fund, the county	71846
juvenile indigent drivers alcohol treatment fund, or the municipal	71847
indigent drivers alcohol treatment fund under the control of the	71848
court are more than sufficient to satisfy the purpose for which	71849
the fund was established, as specified in divisions (H)(1) to (3)	71850
of this section, the court may declare a surplus in the fund. If	71851
the court declares a surplus in the fund, the court may expend the	71852
amount of the surplus in the fund for:	71853

(a) Alcohol and drug abuse assessment and treatment of	71854
persons who are charged in the court with committing a criminal	71855
offense or with being a delinquent child or juvenile traffic	71856
offender and in relation to whom both of the following apply:	71857

(i) The court determines that substance abuse was a	71858
contributing factor leading to the criminal or delinquent activity	71859
or the juvenile traffic offense with which the person is charged.	71860

(ii) The court determines that the person is unable to pay	71861
the cost of the alcohol and drug abuse assessment and treatment	71862
for which the surplus money will be used.	71863

(b) All or part of the cost of purchasing alcohol monitoring	71864
devices to be used in conjunction with division (H)(3) of this	71865
section, upon exhaustion of moneys in the indigent drivers	71866
interlock and alcohol monitoring fund for the use of an alcohol	71867
monitoring device.	71868

(5) For the purpose of determining as described in division	71869
(F)(2)(c) of this section whether an offender does not have the	71870
means to pay for the offender's attendance at an alcohol and drug	71871
addiction treatment program or whether an alleged offender or	71872
delinquent child is unable to pay the costs specified in division	71873
(H)(4) of this section, the court shall use the indigent client	71874
eligibility guidelines and the standards of indigency established	71875
by the state public defender to make the determination.	71876

(6) The court shall identify and refer any ~~alcohol and drug~~	71877
community addiction ~~program~~services provider that is not	71878
certified under section ~~3793.06~~5119.36 of the Revised Code and	71879
that is interested in receiving amounts from the surplus in the	71880
fund declared under division (H)(4) of this section to the	71881
department of ~~alcohol and drug addiction services~~mental health	71882
and addiction services in order for the ~~program~~services provider	71883
to become a certified ~~alcohol and drug~~community addiction	71884
~~program~~services provider. The department shall keep a record of	71885
applicant referrals received pursuant to this division and shall	71886
submit a report on the referrals each year to the general	71887
assembly. If a ~~program~~services provider interested in becoming	71888
certified makes an application to become certified pursuant to	71889
section ~~3793.06~~5119.36 of the Revised Code, the ~~program~~services	71890
provider is eligible to receive surplus funds as long as the	71891
application is pending with the department. The department of	71892
~~alcohol and drug addiction services~~mental health and addiction	71893
services must offer technical assistance to the applicant. If the	71894
interested ~~program~~services provider withdraws the certification	71895
application, the department must notify the court, and the court	71896
shall not provide the interested ~~program~~services provider with	71897
any further surplus funds.	71898

(7)(a) Each alcohol and drug addiction services board and	71899
board of alcohol, drug addiction, and mental health services	71900
established pursuant to section 340.02 or 340.021 of the Revised	71901
Code shall submit to the department of ~~alcohol and drug addiction~~	71902
~~services~~mental health and addiction services an annual report for	71903
each indigent drivers alcohol treatment fund in that board's area.	71904

(b) The report, which shall be submitted not later than sixty	71905
days after the end of the state fiscal year, shall provide the	71906
total payment that was made from the fund, including the number of	71907
indigent consumers that received treatment services and the number	71908
of indigent consumers that received an alcohol monitoring device.	71909
The report shall identify the treatment program and expenditure	71910
for an alcohol monitoring device for which that payment was made.	71911
The report shall include the fiscal year balance of each indigent	71912
drivers alcohol treatment fund located in that board's area. In	71913
the event that a surplus is declared in the fund pursuant to	71914
division (H)(4) of this section, the report also shall provide the	71915
total payment that was made from the surplus moneys and identify	71916
the treatment program and expenditure for an alcohol monitoring	71917
device for which that payment was made. ~~The department may require~~	71918
~~additional information necessary to complete the comprehensive~~	71919
~~statewide alcohol and drug addiction services plan as required by~~	71920
~~section 3793.04 of the Revised Code.~~	71921

(c) If a board is unable to obtain adequate information to	71922
develop the report to submit to the department for a particular	71923
indigent drivers alcohol treatment fund, the board shall submit a	71924
report detailing the effort made in obtaining the information.	71925

(I)(1) Each county shall establish an indigent drivers	71926
interlock and alcohol monitoring fund and a juvenile indigent	71927
drivers interlock and alcohol treatment fund, and each municipal	71928
corporation in which there is a municipal court shall establish an	71929
indigent drivers interlock and alcohol monitoring fund. All	71930
revenue that the general assembly appropriates to the indigent	71931
drivers interlock and alcohol monitoring fund for transfer to a	71932
county indigent drivers interlock and alcohol monitoring fund, a	71933
county juvenile indigent drivers interlock and alcohol monitoring	71934
fund, or a municipal indigent drivers interlock and alcohol	71935
monitoring fund, all portions of license reinstatement fees that	71936
are paid under division (F)(2) of this section and that are	71937
credited under that division to the indigent drivers interlock and	71938
alcohol monitoring fund in the state treasury, and all portions of	71939
fines that are paid under division (G) of section 4511.19 of the	71940
Revised Code and that are credited by division (G)(5)(e) of that	71941
section to the indigent drivers interlock and alcohol monitoring	71942
fund in the state treasury shall be deposited in the appropriate	71943
fund in accordance with division (I)(2) of this section.	71944

(2) That portion of the license reinstatement fee that is	71945
paid under division (F) of this section and that portion of the	71946
fine paid under division (G) of section 4511.19 of the Revised	71947
Code and that is credited under either division to the indigent	71948
drivers interlock and alcohol monitoring fund shall be deposited	71949
into a county indigent drivers interlock and alcohol monitoring	71950
fund, a county juvenile indigent drivers interlock and alcohol	71951
monitoring fund, or a municipal indigent drivers interlock and	71952
alcohol monitoring fund as follows:	71953

(a) If the fee or fine is paid by a person who was charged in	71954
a county court with the violation that resulted in the suspension	71955
or fine, the portion shall be deposited into the county indigent	71956
drivers interlock and alcohol monitoring fund under the control of	71957
that court.	71958

(b) If the fee or fine is paid by a person who was charged in	71959
a juvenile court with the violation that resulted in the	71960
suspension or fine, the portion shall be deposited into the county	71961
juvenile indigent drivers interlock and alcohol monitoring fund	71962
established in the county served by the court.	71963

(c) If the fee or fine is paid by a person who was charged in	71964
a municipal court with the violation that resulted in the	71965
suspension, the portion shall be deposited into the municipal	71966
indigent drivers interlock and alcohol monitoring fund under the	71967
control of that court.	71968

Sec. 4511.69. (A) Every vehicle stopped or parked upon a	71969
roadway where there is an adjacent curb shall be stopped or parked	71970
with the right-hand wheels of the vehicle parallel with and not	71971
more than twelve inches from the right-hand curb, unless it is	71972
impossible to approach so close to the curb; in such case the stop	71973
shall be made as close to the curb as possible and only for the	71974
time necessary to discharge and receive passengers or to load or	71975
unload merchandise. Local authorities by ordinance may permit	71976
angle parking on any roadway under their jurisdiction, except that	71977
angle parking shall not be permitted on a state route within a	71978
municipal corporation unless an unoccupied roadway width of not	71979
less than twenty-five feet is available for free-moving traffic.	71980

(B) Local authorities by ordinance may permit parking of	71981
vehicles with the left-hand wheels adjacent to and within twelve	71982
inches of the left-hand curb of a one-way roadway.	71983

(C)(1)(a) Except as provided in division (C)~~(2)~~(1)(b) of this	71984
section, no vehicle or trackless trolley shall be stopped or	71985
parked on a road or highway with the vehicle or trackless trolley	71986
facing in a direction other than the direction of travel on that	71987
side of the road or highway.	71988

~~(2)~~(b) The operator of a motorcycle may back the motorcycle	71989
into an angled parking space so that when the motorcycle is parked	71990
it is facing in a direction other than the direction of travel on	71991
the side of the road or highway.	71992

(2)(a) The operators of not more than two motorcycles may	71993
back their motorcycles into a parking space that is located on the	71994
side of, and parallel to, a road or highway, and is not metered.	71995
The motorcycles may face any direction when so parked.	71996

(b) The operator of a motorcycle may back the motorcycle into	71997
a parking space that is located on the side of, and parallel to, a	71998
road or highway, and is metered. The motorcycle may face any	71999
direction when so parked. Only one motorcycle at a time shall be	72000
parked in a parking space as described in division (C)(2)(b) of	72001
this section.	72002

(D) Notwithstanding any statute or any rule, resolution, or	72003
ordinance adopted by any local authority, air compressors,	72004
tractors, trucks, and other equipment, while being used in the	72005
construction, reconstruction, installation, repair, or removal of	72006
facilities near, on, over, or under a street or highway, may stop,	72007
stand, or park where necessary in order to perform such work,	72008
provided a flagperson is on duty or warning signs or lights are	72009
displayed as may be prescribed by the director of transportation.	72010

(E) Special parking locations and privileges for persons with	72011
disabilities that limit or impair the ability to walk, also known	72012
as handicapped parking spaces or disability parking spaces, shall	72013
be provided and designated by all political subdivisions and by	72014
the state and all agencies and instrumentalities thereof at all	72015
offices and facilities, where parking is provided, whether owned,	72016
rented, or leased, and at all publicly owned parking garages. The	72017
locations shall be designated through the posting of an elevated	72018
sign, whether permanently affixed or movable, imprinted with the	72019
international symbol of access and shall be reasonably close to	72020
exits, entrances, elevators, and ramps. All elevated signs posted	72021
in accordance with this division and division (C) of section	72022
3781.111 of the Revised Code shall be mounted on a fixed or	72023
movable post, and the distance from the ground to the bottom edge	72024
of the sign shall measure not less than five feet. If a new sign	72025
or a replacement sign designating a special parking location is	72026
posted on or after October 14, 1999, there also shall be affixed	72027
upon the surface of that sign or affixed next to the designating	72028
sign a notice that states the fine applicable for the offense of	72029
parking a motor vehicle in the special designated parking location	72030
if the motor vehicle is not legally entitled to be parked in that	72031
location.	72032

(F)(1) No person shall stop, stand, or park any motor vehicle	72033
at special parking locations provided under division (E) of this	72034
section or at special clearly marked parking locations provided in	72035
or on privately owned parking lots, parking garages, or other	72036
parking areas and designated in accordance with that division,	72037
unless one of the following applies:	72038

(a) The motor vehicle is being operated by or for the	72039
transport of a person with a disability that limits or impairs the	72040
ability to walk and is displaying a valid removable windshield	72041
placard or special license plates;	72042

(b) The motor vehicle is being operated by or for the	72043
transport of a handicapped person and is displaying a parking card	72044
or special handicapped license plates.	72045

(2) Any motor vehicle that is parked in a special marked	72046
parking location in violation of division (F)(1)(a) or (b) of this	72047
section may be towed or otherwise removed from the parking	72048
location by the law enforcement agency of the political	72049
subdivision in which the parking location is located. A motor	72050
vehicle that is so towed or removed shall not be released to its	72051
owner until the owner presents proof of ownership of the motor	72052
vehicle and pays all towing and storage fees normally imposed by	72053
that political subdivision for towing and storing motor vehicles.	72054
If the motor vehicle is a leased vehicle, it shall not be released	72055
to the lessee until the lessee presents proof that that person is	72056
the lessee of the motor vehicle and pays all towing and storage	72057
fees normally imposed by that political subdivision for towing and	72058
storing motor vehicles.	72059

(3) If a person is charged with a violation of division	72060
(F)(1)(a) or (b) of this section, it is an affirmative defense to	72061
the charge that the person suffered an injury not more than	72062
seventy-two hours prior to the time the person was issued the	72063
ticket or citation and that, because of the injury, the person	72064
meets at least one of the criteria contained in division (A)(1) of	72065
section 4503.44 of the Revised Code.	72066

(G) When a motor vehicle is being operated by or for the	72067
transport of a person with a disability that limits or impairs the	72068
ability to walk and is displaying a removable windshield placard	72069
or a temporary removable windshield placard or special license	72070
plates, or when a motor vehicle is being operated by or for the	72071
transport of a handicapped person and is displaying a parking card	72072
or special handicapped license plates, the motor vehicle is	72073
permitted to park for a period of two hours in excess of the legal	72074
parking period permitted by local authorities, except where local	72075
ordinances or police rules provide otherwise or where the vehicle	72076
is parked in such a manner as to be clearly a traffic hazard.	72077

(H) No owner of an office, facility, or parking garage where	72078
special parking locations are required to be designated in	72079
accordance with division (E) of this section shall fail to	72080
properly mark the special parking locations in accordance with	72081
that division or fail to maintain the markings of the special	72082
locations, including the erection and maintenance of the fixed or	72083
movable signs.	72084

(I) Nothing in this section shall be construed to require a	72085
person or organization to apply for a removable windshield placard	72086
or special license plates if the parking card or special license	72087
plates issued to the person or organization under prior law have	72088
not expired or been surrendered or revoked.	72089

(J)(1) Whoever violates division (A) or (C) of this section	72090
is guilty of a minor misdemeanor.	72091

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	72092
section is guilty of a misdemeanor and shall be punished as	72093
provided in division (J)(2)(a) and (b) of this section. Except as	72094
otherwise provided in division (J)(2)(a) of this section, an	72095
offender who violates division (F)(1)(a) or (b) of this section	72096
shall be fined not less than two hundred fifty nor more than five	72097
hundred dollars. An offender who violates division (F)(1)(a) or	72098
(b) of this section shall be fined not more than one hundred	72099
dollars if the offender, prior to sentencing, proves either of the	72100
following to the satisfaction of the court:	72101

(i) At the time of the violation of division (F)(1)(a) of	72102
this section, the offender or the person for whose transport the	72103
motor vehicle was being operated had been issued a removable	72104
windshield placard that then was valid or special license plates	72105
that then were valid but the offender or the person neglected to	72106
display the placard or license plates as described in division	72107
(F)(1)(a) of this section.	72108

(ii) At the time of the violation of division (F)(1)(b) of	72109
this section, the offender or the person for whose transport the	72110
motor vehicle was being operated had been issued a parking card	72111
that then was valid or special handicapped license plates that	72112
then were valid but the offender or the person neglected to	72113
display the card or license plates as described in division	72114
(F)(1)(b) of this section.	72115

(b) In no case shall an offender who violates division	72116
(F)(1)(a) or (b) of this section be sentenced to any term of	72117
imprisonment.	72118

An arrest or conviction for a violation of division (F)(1)(a)	72119
or (b) of this section does not constitute a criminal record and	72120
need not be reported by the person so arrested or convicted in	72121
response to any inquiries contained in any application for	72122
employment, license, or other right or privilege, or made in	72123
connection with the person's appearance as a witness.	72124

The clerk of the court shall pay every fine collected under	72125
division (J)(2) of this section to the political subdivision in	72126
which the violation occurred. Except as provided in division	72127
(J)(2) of this section, the political subdivision shall use the	72128
fine moneys it receives under division (J)(2) of this section to	72129
pay the expenses it incurs in complying with the signage and	72130
notice requirements contained in division (E) of this section. The	72131
political subdivision may use up to fifty per cent of each fine it	72132
receives under division (J)(2) of this section to pay the costs of	72133
educational, advocacy, support, and assistive technology programs	72134
for persons with disabilities, and for public improvements within	72135
the political subdivision that benefit or assist persons with	72136
disabilities, if governmental agencies or nonprofit organizations	72137
offer the programs.	72138

(3) Whoever violates division (H) of this section shall be	72139
punished as follows:	72140

(a) Except as otherwise provided in division (J)(3) of this	72141
section, the offender shall be issued a warning.	72142

(b) If the offender previously has been convicted of or	72143
pleaded guilty to a violation of division (H) of this section or	72144
of a municipal ordinance that is substantially similar to that	72145
division, the offender shall not be issued a warning but shall be	72146
fined not more than twenty-five dollars for each parking location	72147
that is not properly marked or whose markings are not properly	72148
maintained.	72149

(K) As used in this section:

72150

(1) "Handicapped person" means any person who has lost the	72151
use of one or both legs or one or both arms, who is blind, deaf,	72152
or so severely handicapped as to be unable to move without the aid	72153
of crutches or a wheelchair, or whose mobility is restricted by a	72154
permanent cardiovascular, pulmonary, or other handicapping	72155
condition.	72156

(2) "Person with a disability that limits or impairs the	72157
ability to walk" has the same meaning as in section 4503.44 of the	72158
Revised Code.	72159

(3) "Special license plates" and "removable windshield	72160
placard" mean any license plates or removable windshield placard	72161
or temporary removable windshield placard issued under section	72162
4503.41 or 4503.44 of the Revised Code, and also mean any	72163
substantially similar license plates or removable windshield	72164
placard or temporary removable windshield placard issued by a	72165
state, district, country, or sovereignty.	72166

Sec. 4513.60. (A)(1) The sheriff of a county or chief of	72167
police of a municipal corporation, township, or township or joint	72168
police district, within the sheriff's or chief's respective	72169
territorial jurisdiction, upon complaint of any person adversely	72170
affected, may order into storage any motor vehicle, other than an	72171
abandoned junk motor vehicle as defined in section 4513.63 of the	72172
Revised Code, that has been left on private residential or private	72173
agricultural property for at least four hours without the	72174
permission of the person having the right to the possession of the	72175
property. The sheriff or chief of police, upon complaint of the	72176
owner of a repair garage or place of storage, may order into	72177
storage any motor vehicle, other than an abandoned junk motor	72178
vehicle, that has been left at the garage or place of storage for	72179
a longer period than that agreed upon. The place of storage shall	72180
be designated by the sheriff or chief of police. When ordering a	72181
motor vehicle into storage pursuant to this division, a sheriff or	72182
chief of police, whenever possible, shall arrange for the removal	72183
of the motor vehicle by a private tow truck operator or towing	72184
company. Subject to division (C) of this section, the owner of a	72185
motor vehicle that has been removed pursuant to this division may	72186
recover the vehicle only in accordance with division (E) of this	72187
section.	72188

(2) Divisions (A)(1) to (3) of this section do not apply to	72189
any private residential or private agricultural property that is	72190
established as a private tow-away zone in accordance with division	72191
(B) of this section.	72192

(3) As used in divisions (A)(1) and (2) of this section,	72193
"private residential property" means private property on which is	72194
located one or more structures that are used as a home, residence,	72195
or sleeping place by one or more persons, if no more than three	72196
separate households are maintained in the structure or structures.	72197
"Private residential property" does not include any private	72198
property on which is located one or more structures that are used	72199
as a home, residence, or sleeping place by two or more persons, if	72200
more than three separate households are maintained in the	72201
structure or structures.	72202

(B)(1) The owner of private property may establish a private	72203
tow-away zone only if all of the following conditions are	72204
satisfied:	72205

(a) The owner posts on the owner's property a sign, that is	72206
at least eighteen inches by twenty-four inches in size, that is	72207
visible from all entrances to the property, and that contains at	72208
least all of the following information:	72209

(i) A notice that the property is a private tow-away zone	72210
~~and~~, that vehicles not authorized to park on the property will be	72211
towed away, and that abandoned unclaimed motor vehicles may result	72212
in ownership interest for the tower under section 4505.101 of the	72213
Revised Code;	72214

(ii) The telephone number of the person from whom a	72215
towed-away vehicle can be recovered, and the address of the place	72216
to which the vehicle will be taken and the place from which it may	72217
be recovered;	72218

(iii) A statement that the vehicle may be recovered at any	72219
time during the day or night upon the submission of proof of	72220
ownership and the payment of a towing charge, in an amount not to	72221
exceed ninety dollars, and a storage charge, in an amount not to	72222
exceed twelve dollars per twenty-four-hour period; except that the	72223
charge for towing shall not exceed one hundred fifty dollars, and	72224
the storage charge shall not exceed twenty dollars per	72225
twenty-four-hour period, if the vehicle has a manufacturer's gross	72226
vehicle weight rating in excess of ten thousand pounds and is a	72227
truck, bus, or a combination of a commercial tractor and trailer	72228
or semitrailer.	72229

(b) The place to which the towed vehicle is taken and from	72230
which it may be recovered is conveniently located, is well	72231
lighted, and is on or within a reasonable distance of a regularly	72232
scheduled route of one or more modes of public transportation, if	72233
any public transportation is available in the municipal	72234
corporation or township in which the private tow-away zone is	72235
located.	72236

(2) If a vehicle is parked on private property that is	72237
established as a private tow-away zone in accordance with division	72238
(B)(1) of this section, without the consent of the owner of the	72239
property or in violation of any posted parking condition or	72240
regulation, the owner or the owner's agent may remove, or cause	72241
the removal of, the vehicle, the owner and the operator of the	72242
vehicle shall be deemed to have consented to the removal and	72243
storage of the vehicle, to the possible ownership interest for the	72244
tower as specified in division (B)(1)(a)(i) of this section, and	72245
to the payment of the towing and storage charges specified in	72246
division (B)(1)(a)(iii) of this section, and the owner, subject to	72247
division (C) of this section, may recover a vehicle that has been	72248
so removed only in accordance with division (E) of this section.	72249

(3) If a municipal corporation requires tow trucks and tow	72250
truck operators to be licensed, no owner of private property	72251
located within the municipal corporation shall remove, or shall	72252
cause the removal and storage of, any vehicle pursuant to division	72253
(B)(2) of this section by an unlicensed tow truck or unlicensed	72254
tow truck operator.	72255

(4) Divisions (B)(1) to (3) of this section do not affect or	72256
limit the operation of division (A) of this section or sections	72257
4513.61 to 4513.65 of the Revised Code as they relate to property	72258
other than private property that is established as a private	72259
tow-away zone under division (B)(1) of this section.	72260

(C) If the owner or operator of a motor vehicle that has been	72261
ordered into storage pursuant to division (A)(1) of this section	72262
or of a vehicle that is being removed under authority of division	72263
(B)(2) of this section arrives after the motor vehicle or vehicle	72264
has been prepared for removal, but prior to its actual removal	72265
from the property, the owner or operator shall be given the	72266
opportunity to pay a fee of not more than one-half of the charge	72267
for the removal of motor vehicles under division (A)(1) of this	72268
section or of vehicles under division (B)(2) of this section,	72269
whichever is applicable, that normally is assessed by the person	72270
who has prepared the motor vehicle or vehicle for removal, in	72271
order to obtain release of the motor vehicle or vehicle. Upon	72272
payment of that fee, the motor vehicle or vehicle shall be	72273
released to the owner or operator, and upon its release, the owner	72274
or operator immediately shall move it so that:	72275

(1) If the motor vehicle was ordered into storage pursuant to	72276
division (A)(1) of this section, it is not on the private	72277
residential or private agricultural property without the	72278
permission of the person having the right to possession of the	72279
property, or is not at the garage or place of storage without the	72280
permission of the owner, whichever is applicable.	72281

(2) If the vehicle was being removed under authority of	72282
division (B)(2) of this section, it is not parked on the private	72283
property established as a private tow-away zone without the	72284
consent of the owner or in violation of any posted parking	72285
condition or regulation.	72286

(D)(1) If an owner of private property that is established as	72287
a private tow-away zone in accordance with division (B)(1) of this	72288
section or the authorized agent of such an owner removes or causes	72289
the removal of a vehicle from that property under authority of	72290
division (B)(2) of this section, the owner or agent promptly shall	72291
notify the police department of the municipal corporation,	72292
township, or township or joint police district in which the	72293
property is located, of the removal, the vehicle's license number,	72294
make, model, and color, the location from which it was removed,	72295
the date and time of its removal, the telephone number of the	72296
person from whom it may be recovered, and the address of the place	72297
to which it has been taken and from which it may be recovered.	72298

(2) Each county sheriff and each chief of police of a	72299
municipal corporation, township, or township or joint police	72300
district shall maintain a record of motor vehicles that the	72301
sheriff or chief orders into storage pursuant to division (A)(1)	72302
of this section and of vehicles removed from private property in	72303
the sheriff's or chief's jurisdiction that is established as a	72304
private tow-away zone of which the sheriff or chief has received	72305
notice under division (D)(1) of this section. The record shall	72306
include an entry for each such motor vehicle or vehicle that	72307
identifies the motor vehicle's or vehicle's license number, make,	72308
model, and color, the location from which it was removed, the date	72309
and time of its removal, the telephone number of the person from	72310
whom it may be recovered, and the address of the place to which it	72311
has been taken and from which it may be recovered. Any information	72312
in the record that pertains to a particular motor vehicle or	72313
vehicle shall be provided to any person who, either in person or	72314
pursuant to a telephone call, identifies self as the owner or	72315
operator of the motor vehicle or vehicle and requests information	72316
pertaining to its location.	72317

(3) Any person who registers a complaint that is the basis of	72318
a sheriff's or police chief's order for the removal and storage of	72319
a motor vehicle under division (A)(1) of this section shall	72320
provide the identity of the law enforcement agency with which the	72321
complaint was registered to any person who identifies self as the	72322
owner or operator of the motor vehicle and requests information	72323
pertaining to its location.	72324

(E) The owner of a motor vehicle that is ordered into storage	72325
pursuant to division (A)(1) of this section or of a vehicle that	72326
is removed under authority of division (B)(2) of this section may	72327
reclaim it upon payment of any expenses or charges incurred in its	72328
removal, in an amount not to exceed ninety dollars, and storage,	72329
in an amount not to exceed twelve dollars per twenty-four-hour	72330
period; except that the charge for towing shall not exceed one	72331
hundred fifty dollars, and the storage charge shall not exceed	72332
twenty dollars per twenty-four-hour period, if the vehicle has a	72333
manufacturer's gross vehicle weight rating in excess of ten	72334
thousand pounds and is a truck, bus, or a combination of a	72335
commercial tractor and trailer or semitrailer. Presentation of	72336
proof of ownership, which may be evidenced by a certificate of	72337
title to the motor vehicle or vehicle also shall be required for	72338
reclamation of the vehicle. If a motor vehicle that is ordered	72339
into storage pursuant to division (A)(1) of this section remains	72340
unclaimed by the owner for thirty days, the procedures established	72341
by sections 4513.61 and 4513.62 of the Revised Code shall apply.	72342

(F) No person shall remove, or cause the removal of, any	72343
vehicle from private property that is established as a private	72344
tow-away zone under division (B)(1) of this section other than in	72345
accordance with division (B)(2) of this section, and no person	72346
shall remove, or cause the removal of, any motor vehicle from any	72347
other private property other than in accordance with division	72348
(A)(1) of this section or sections 4513.61 to 4513.65 of the	72349
Revised Code.	72350

(G) Whoever violates division (B)(3) or (F) of this section	72351
is guilty of a minor misdemeanor.	72352

Sec. 4513.61. The sheriff of a county or chief of police of	72353
a municipal corporation, township, or township or joint police	72354
district, within the sheriff's or chief's respective territorial	72355
jurisdiction, ~~or a~~the superintendent of the state highway patrol	72356
~~trooper~~or their designee, upon notification to the sheriff or	72357
chief of police of such action and of the location of the place of	72358
storage, may order into storage any motor vehicle, including an	72359
abandoned junk motor vehicle as defined in section 4513.63 of the	72360
Revised Code, that has come into the possession of the sheriff,	72361
chief of police, or ~~state highway patrol trooper~~the	72362
superintendent as a result of the performance of the sheriff's,	72363
chief's, or ~~trooper's~~state highway patrol's duties or that has	72364
been left on a public street or other property open to the public	72365
for purposes of vehicular travel, or upon or within the	72366
right-of-way of any road or highway, for forty-eight hours or	72367
longer without notification to the sheriff or, chief of police,	72368
or the superintendent of the reasons for leaving the motor vehicle	72369
in such place, except that when such a motor vehicle constitutes	72370
an obstruction to traffic it may be ordered into storage	72371
immediately. The sheriff or, chief of police, superintendent, or	72372
their designee shall designate the place of storage of any motor	72373
vehicle so ordered removed.	72374

The sheriff or, chief of police, superintendent, or their	72375
designee immediately shall cause a search to be made of the	72376
records of the bureau of motor vehicles to ascertain the owner and	72377
any lienholder of a motor vehicle ordered into storage by the	72378
sheriff or, chief of police, ~~or by a state highway patrol trooper~~	72379
superintendent, or their designee, and, if known, shall send or	72380
cause to be sent notice to the owner or lienholder at the owner's	72381
or lienholder's last known address by certified mail with return	72382
receipt requested, that the motor vehicle will be declared a	72383
nuisance and disposed of if not claimed within ten days of the	72384
date of mailing of the notice. The owner or lienholder of the	72385
motor vehicle may reclaim it upon payment of any expenses or	72386
charges incurred in its removal and storage, and presentation of	72387
proof of ownership, which may be evidenced by a certificate of	72388
title or memorandum certificate of title to the motor vehicle. If	72389
the owner or lienholder of the motor vehicle reclaims it after a	72390
search of the records of the bureau has been conducted and after	72391
notice has been sent to the owner or lienholder as described in	72392
this section, and the search was conducted by the owner of the	72393
place of storage or the owner's employee, and the notice was sent	72394
to the motor vehicle owner by the owner of the place of storage or	72395
the owner's employee, the owner or lienholder shall pay to the	72396
place of storage a processing fee of twenty-five dollars, in	72397
addition to any expenses or charges incurred in the removal and	72398
storage of the vehicle.	72399

If the owner or lienholder makes no claim to the motor	72400
vehicle within ten days of the date of mailing of the notice, and	72401
if the vehicle is to be disposed of at public auction as provided	72402
in section 4513.62 of the Revised Code, the sheriff or, chief of	72403
police, superintendent, or their designee, without charge to any	72404
party, shall file with the clerk of courts of the county in which	72405
the place of storage is located an affidavit showing compliance	72406
with the requirements of this section. Upon presentation of the	72407
affidavit, the clerk, without charge, shall issue a salvage	72408
certificate of title, free and clear of all liens and	72409
encumbrances, to the sheriff or, chief of police, superintendent,	72410
or their designee. If the vehicle is to be disposed of to a motor	72411
vehicle salvage dealer or other facility as provided in section	72412
4513.62 of the Revised Code, the sheriff, chief of police,	72413
superintendent, or their designee shall execute in triplicate an	72414
affidavit, as prescribed by the registrar of motor vehicles,	72415
describing the motor vehicle and the manner in which it was	72416
disposed of, and that all requirements of this section have been	72417
complied with. The sheriff or, chief of police, the	72418
superintendent, or their designee shall retain the original of the	72419
affidavit for the sheriff's or, chief's, or superintendent's	72420
records, and shall furnish two copies to the motor vehicle salvage	72421
dealer or other facility. Upon presentation of a copy of the	72422
affidavit by the motor vehicle salvage dealer, the clerk of	72423
courts, within thirty days of the presentation, shall issue to	72424
such owner a salvage certificate of title, free and clear of all	72425
liens and encumbrances.	72426

Whenever a motor vehicle salvage dealer or other facility	72427
receives an affidavit for the disposal of a motor vehicle as	72428
provided in this section, the dealer or facility shall not be	72429
required to obtain an Ohio certificate of title to the motor	72430
vehicle in the dealer's or facility's own name if the vehicle is	72431
dismantled or destroyed and both copies of the affidavit are	72432
delivered to the clerk of courts.	72433

Sec. 4513.62. Unclaimed motor vehicles ordered into storage	72434
pursuant to division (A)(1) of section 4513.60 or section 4513.61	72435
of the Revised Code shall be disposed of at the order of the	72436
sheriff of the county or, the chief of police of the municipal	72437
corporation, township, or township or joint police district, the	72438
superintendent of the state highway patrol, or their designee to a	72439
motor vehicle salvage dealer or scrap metal processing facility as	72440
defined in section 4737.05 of the Revised Code, or to any other	72441
facility owned by or under contract with the county, municipal	72442
corporation, or township, for the disposal of such motor vehicles,	72443
or shall be sold by the sheriff, chief of police, superintendent,	72444
their designee, or licensed auctioneer at public auction, after	72445
giving notice thereof by advertisement, published once a week for	72446
two successive weeks in a newspaper of general circulation in the	72447
county or as provided in section 7.16 of the Revised Code. Any	72448
moneys accruing from the disposition of an unclaimed motor vehicle	72449
that are in excess of the expenses resulting from the removal and	72450
storage of the vehicle shall be credited to the general fund of	72451
the county, municipal corporation, township, or joint police	72452
district, or state as the case may be.	72453

Sec. 4701.03. (A) The accountancy board annually shall elect	72454
a president, secretary, and treasurer from its members. The board	72455
may adopt and amend rules for the orderly conduct of its affairs	72456
and for the administration of this chapter. The board may adopt	72457
and amend rules defining the practice of public accounting, rules	72458
of professional conduct appropriate to establish and maintain a	72459
high standard of integrity and dignity in registrants and	72460
certificate holders under this chapter, and rules regulating the	72461
sole proprietorship, partnership, limited liability company,	72462
professional association, corporation-for-profit, or other legal	72463
entity practice of public accounting. A majority of the board	72464
shall constitute a quorum for the transaction of business.	72465

(B) The board shall keep and hold open for public inspection	72466
all records of its proceedings.	72467

(C) The board may employ any clerks that are necessary to	72468
assist it in the performance of its duties and the keeping of its	72469
records. If the board employs an executive director, the board	72470
shall pay the executive director ~~shall be paid~~ in accordance with	72471
~~pay range 18 of schedule E-1 of section 124.152 of the Revised~~	72472
~~Code, or, if the director was employed and being paid on June 28,~~	72473
~~2003, in accordance with step 7 in pay range 18 of schedule E-1 of~~	72474
~~former section 124.152 of the Revised Code and continued to be so~~	72475
~~paid on June 29, 2003, the executive director shall be paid in~~	72476
~~accordance with pay range 18 of salary schedule E-1 for step seven~~	72477
~~only of~~ section 124.152 of the Revised Code.	72478

Sec. 4707.02. (A) No person shall act as an auction firm,	72479
auctioneer, apprentice auctioneer, or special auctioneer within	72480
this state without a license issued by the department of	72481
agriculture. No auction shall be conducted in this state except by	72482
an auctioneer licensed by the department.	72483

The department shall not issue or renew a license if the	72484
applicant or licensee has been convicted of a felony or crime	72485
involving fraud or theft in this or another state at any time	72486
during the ten years immediately preceding application or renewal.	72487

(B) Division (A) of this section does not apply to any of the	72488
following:	72489

(1) Sales at auction that either are required by law to be at	72490
auction, other than sales pursuant to a judicial order or decree,	72491
or are conducted by or under the direction of a public authority;	72492

(2) The owner of any real or personal property desiring to	72493
sell the property at auction, provided that the property was not	72494
acquired for the purpose of resale;	72495

(3) An auction mediation company;

72496

(4) An auction that is conducted in a course of study for	72497
auctioneers that is approved by the state auctioneers commission	72498
created under section 4707.03 of the Revised Code for purposes of	72499
student training and is supervised by a licensed auctioneer;	72500

(5)(a) An auction that is sponsored by a nonprofit or	72501
charitable organization that is registered in this state under	72502
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	72503
if the auction only involves the property of the members of the	72504
organization and the auction is part of a fair that is organized	72505
by an agricultural society under Chapter 1711. of the Revised Code	72506
or by the Ohio expositions commission under Chapter 991. of the	72507
Revised Code at which an auctioneer who is licensed under this	72508
chapter physically conducts the auction; or	72509

(b) Sales at an auction sponsored by a charitable, religious,	72510
or civic organization that is tax exempt under subsection	72511
501(c)(3) of the Internal Revenue Code, or by a public school,	72512
chartered nonpublic school, or community school, if no person in	72513
the business of organizing, arranging, or conducting an auction	72514
for compensation and no consignor of consigned items sold at the	72515
auction, except such organization or school, receives compensation	72516
from the proceeds of the auction. As used in division (B)(5)(b) of	72517
this section, "compensation" means money, a thing of value other	72518
than participation in a charitable event, or a financial benefit.	72519

(6) A person licensed as a livestock dealer under Chapter	72520
943. of the Revised Code who exclusively sells livestock and uses	72521
an auctioneer who is licensed under this chapter to conduct the	72522
auction;	72523

(7) A person licensed as a motor vehicle auction owner under	72524
Chapter 4517. of the Revised Code who exclusively sells motor	72525
vehicles to a person licensed under Chapter 4517. of the Revised	72526
Code and who uses an auctioneer who is licensed under this chapter	72527
to conduct the auction;	72528

(8) A person who sells real or personal property by means of	72529
the internet;	72530

(9) A bid calling contest that is approved by the commission	72531
and that is conducted for the purposes of the advancement or	72532
promotion of the auction profession in this state, provided that	72533
no compensation is paid to the sponsor of or participants in the	72534
contest other than a prize or award for winning the contest;	72535

(10) An auction at which the champion of a national or	72536
international bid calling contest appears, provided that both of	72537
the following apply:	72538

(a) The champion is not paid a commission.

72539

(b) The auction is conducted under the direct supervision of	72540
an auctioneer licensed under this chapter in order to ensure that	72541
the champion complies with this chapter and rules adopted under	72542
it.	72543

(C)(1) No person shall advertise or hold oneself out as an	72544
auction firm, auctioneer, apprentice auctioneer, or special	72545
auctioneer without a license issued by the department of	72546
agriculture.	72547

(2) Division (C)(1) of this section does not apply to an	72548
individual who is the subject of an advertisement regarding an	72549
auction conducted under division (B)(5)(b) of this section.	72550

Sec. 4707.073. (A) No corporation, limited liability company,	72551
general or limited partnership, or unincorporated association	72552
shall act or hold itself out as an auctioneer without a valid	72553
auctioneer's license issued under this section. This section does	72554
not apply to a person who is issued a license under section	72555
4707.071 of the Revised Code.	72556

(B) The department of agriculture may grant an auctioneer's	72557
license to a corporation, limited liability company, general or	72558
limited partnership, or unincorporated association that is	72559
determined to be qualified by the department. Every applicant for	72560
a license under this section shall furnish to the department, on	72561
forms provided by the department, satisfactory proof that the	72562
applicant:	72563

(1) Is in good standing with the secretary of state if the	72564
applicant is a corporation;	72565

(2) Is of trustworthy character;

72566

(3) Has provided proof of financial responsibility as	72567
required in section 4707.11 of the Revised Code;	72568

(4) Is registered with the secretary of state or a local	72569
authority, as applicable, to do business in this state;	72570

(5) Has complied with any other requirement that the director	72571
establishes in rules adopted under section 4707.19 of the Revised	72572
Code.	72573

(C) An application submitted under this section shall list	72574
the names of all of the owners, directors, partners, or members of	72575
the applicant, as applicable, and shall indicate those that have	72576
an auctioneer's license issued under section 4707.07 of the	72577
Revised Code.	72578

(D)~~(1)~~ The department shall not issue a license under this	72579
section unless one of the following applies, as applicable:	72580

~~(a)~~(1) If the applicant is a limited liability company or a	72581
general or limited partnership, not less than fifty per cent of	72582
the members or general partners have a current license issued	72583
under section 4707.07 of the Revised Code.	72584

~~(b)~~(2) If the applicant is a corporation, not less than fifty	72585
per cent of the directors and the president or chief executive	72586
have a current license issued under section 4707.07 of the Revised	72587
Code.	72588

~~(c)~~(3) If the applicant is an unincorporated association, not	72589
less than fifty per cent of the members have a current license	72590
issued under section 4707.07 of the Revised Code.	72591

Failure of a corporation, limited liability company,	72592
partnership, or unincorporated association to maintain the	72593
applicable requirements of this division after the issuance of a	72594
license under this section may be sufficient cause for the	72595
revocation of the license under section 4707.15 of the Revised	72596
Code.	72597

~~(2) Not later than two years after the effective date of this~~	72598
~~section, a corporation, partnership, or unincorporated association~~	72599
~~that was issued a license under section 4707.07 of the Revised~~	72600
~~Code on or before the effective date of this section shall comply~~	72601
~~with the requirements established in division (D)(1) of this~~	72602
~~section. If such a corporation, partnership, or unincorporated~~	72603
~~association fails to comply with those requirements, the license~~	72604
~~of the corporation, partnership, or unincorporated association~~	72605
~~immediately shall terminate.~~	72606

(E) Upon the issuance of a license under this section, a	72607
corporation, limited liability company, partnership, or	72608
unincorporated association shall designate an individual from	72609
among its directors, partners, or members who is licensed under	72610
section 4707.07 of the Revised Code as its agent for purposes of	72611
communication with the department. If that individual ceases to be	72612
the agent, the corporation, limited liability company,	72613
partnership, or unincorporated association shall notify the	72614
department not later than ten days after the day on which the	72615
individual ceases to be the agent. Upon notification to the	72616
department, the license of the corporation, limited liability	72617
company, partnership, or unincorporated association, as	72618
applicable, immediately shall terminate. If the corporation,	72619
limited liability company, partnership, or unincorporated	72620
association notifies the department of the designation of a new	72621
agent in accordance with the requirements of this division and	72622
pays a fee in the amount of ten dollars, the department shall	72623
issue the corporation, limited liability company, partnership, or	72624
unincorporated association a new license.	72625

(F) This section does not preclude a corporation, limited	72626
liability company, partnership, or unincorporated association from	72627
selling real property at auction, provided that the requirements	72628
of this section and section 4707.021 and Chapter 4735. of the	72629
Revised Code are satisfied.	72630

(G) A person licensed as a real estate broker under Chapter	72631
4735. of the Revised Code shall not be required to obtain a	72632
license under this section if the person complies with sections	72633
4707.021 and 4707.22 of the Revised Code.	72634

Sec. 4707.10. (A) The fee for each apprentice auctioneer's	72635
or auction firm license issued by the department of agriculture is	72636
one hundred dollars, and the annual renewal fee for any such	72637
license is one hundred dollars. All licenses expire annually on	72638
the last day of June of each year and shall be renewed according	72639
to the standard renewal procedures of Chapter 4745. of the Revised	72640
Code, or the procedures of this section. Any licensee under this	72641
chapter who wishes to renew the licensee's license, but fails to	72642
do so before the first day of July shall reapply for licensure in	72643
the same manner and pursuant to the same requirements as for	72644
initial licensure, unless before the first day of September of the	72645
year of expiration, the former licensee pays to the department, in	72646
addition to the regular renewal fee, a late renewal penalty of one	72647
hundred dollars.	72648

(B)(1) Each person to whom the department issues an	72649
auctioneer's license or special auctioneer's license shall pay a	72650
licensure fee. Those licenses are biennial and expire in	72651
accordance with the schedule established in division (B)(2) of	72652
this section. If such a license is issued during the first year of	72653
a biennium, the licensee shall pay a fee in the amount of two	72654
hundred dollars. If the license is issued during the second year	72655
of a biennium, the licensee shall pay a fee in the amount of one	72656
hundred dollars. With respect to an auctioneer's license, the fees	72657
apply regardless of whether the license is issued to an individual	72658
under section 4707.07 of the Revised Code or to a corporation,	72659
limited liability company, partnership, or association under	72660
section 4707.073 of the Revised Code.	72661

All auctioneer's licenses and special auctioneer's licenses	72662
expire on the last day of June of the biennium. The licenses shall	72663
be renewed in accordance with the standard renewal procedures of	72664
Chapter 4745. of the Revised Code or the procedures in this	72665
section and upon the licensee's payment to the department of a	72666
renewal fee of two hundred dollars. A licensee who wishes to renew	72667
the licensee's license, but who fails to do so before the first	72668
day of July following the license's expiration, shall reapply for	72669
licensure in the same manner and pursuant to the same requirements	72670
as for the initial licensure unless before the first day of	72671
September following the expiration, the former licensee pays to	72672
the department, in addition to the regular renewal fee, a late	72673
renewal penalty of one hundred dollars.	72674

(2) The biennial expiration of an auctioneer's license or	72675
special auctioneer's license shall occur in accordance with the	72676
following schedule:	72677

(a) The license shall expire in odd-numbered years if the	72678
business name or last name, as applicable, of the licensee begins	72679
with the letters "A" through "J" or with the letters "X" through	72680
"Z."	72681

(b) The license shall expire in even-numbered years if the	72682
business name or last name, as applicable, of the licensee begins	72683
with the letters "K" through "W."	72684

(C) Any person who fails to renew the person's license before	72685
the first day of July is prohibited from engaging in any activity	72686
specified or comprehended in section 4707.01 of the Revised Code	72687
until such time as the person's license is renewed or a new	72688
license is issued. Renewal of a license between the first day of	72689
July and the first day of September does not relieve any person	72690
from complying with this division. The department may refuse to	72691
renew the license of or issue a new license to any person who	72692
violates this division.	72693

(D) The department shall prepare and deliver to each licensee	72694
a permanent license certificate and an identification card, the	72695
appropriate portion of which shall be carried on the person of the	72696
licensee at all times when engaged in any type of auction	72697
activity, and part of which shall be posted with the permanent	72698
certificate in a conspicuous location at the licensee's place of	72699
business.	72700

(E) Notice in writing shall be given to the department by	72701
each auctioneer or apprentice auctioneer licensee of any change of	72702
principal business location or any change or addition to the name	72703
or names under which business is conducted, whereupon the	72704
department shall issue a new license for the unexpired period. Any	72705
change of business location or change or addition of names without	72706
notification to the department shall automatically cancel any	72707
license previously issued. For each new ~~auctioneer~~auctioneer's or	72708
apprentice ~~auctioneer~~auctioneer's license issued upon the	72709
occasion of a change in business location or a change in or an	72710
addition of names under which business is conducted, the	72711
department may collect a fee of ten dollars for each change in	72712
location, or name or each added name unless the notification of	72713
the change occurs concurrently with the renewal application or	72714
unless otherwise provided in section 4707.07 of the Revised Code.	72715

Sec. 4709.11. Every license issued pursuant to this chapter	72716
expires on the thirty-first day of August of each even-numbered	72717
year. Each licensee desiring to do so shall, on or before the	72718
first day of September of each even-numbered year, renew ~~his~~the	72719
licensee's license pursuant to the standard renewal procedure of	72720
Chapter 4745. of the Revised Code. Any holder of an expired	72721
license shall restore ~~his~~the holder's license before continuing	72722
the practice of barbering or the activity for which hethe holder	72723
is licensed under this chapter and pay the appropriate restoration	72724
fee. If the person fails to restore ~~his~~the person's license	72725
within ~~three~~six years, hethe person shall pay any required	72726
restoration fee and take any examination required for the license	72727
under this chapter.	72728

Sec. 4715.36. As used in this section and sections 4715.361	72729
to 4715.374 of the Revised Code:	72730

(A) "Accredited dental hygiene school" means a dental hygiene	72731
school accredited by the American dental association commission on	72732
dental accreditation or a dental hygiene school whose educational	72733
standards are recognized by the American dental association	72734
commission on dental accreditation and approved by the state	72735
dental board.	72736

(B) "Authorizing dentist" means a dentist who authorizes a	72737
dental hygienist to perform dental hygiene services under section	72738
4715.365 of the Revised Code.	72739

(C) "Clinical evaluation" means a diagnosis and treatment	72740
plan formulated for an individual patient by a dentist.	72741

(D) "Dentist" means an individual licensed under this chapter	72742
to practice dentistry.	72743

(E) "Dental hygienist" means an individual licensed under	72744
this chapter to practice as a dental hygienist.	72745

(F) "Dental hygiene services" means the prophylactic,	72746
preventive, and other procedures that dentists are authorized by	72747
this chapter and rules of the state dental board to assign to	72748
dental hygienists, except for procedures while a patient is	72749
anesthetized, definitive root planing, definitive subgingival	72750
curettage, the administration of local anesthesia, and the	72751
procedures specified in rules adopted by the board as described in	72752
division (C)(4) of section 4715.22 of the Revised Code.	72753

(G) "Facility" means any of the following:

72754

(1) A health care facility, as defined in section 4715.22 of	72755
the Revised Code;	72756

(2) A state correctional institution, as defined in section	72757
2967.01 of the Revised Code;	72758

(3) A comprehensive child development program that receives	72759
funds distributed under the "Head Start Act," 95 Stat. 499 (1981),	72760
42 U.S.C. 9831, as amended, and is licensed as a child day-care	72761
center;	72762

(4) A residential facility licensed under section 5123.19 of	72763
the Revised Code;	72764

(5) A public school, as defined in section 3701.93 of the	72765
Revised Code, located in an area designated as a dental health	72766
resource shortage area pursuant to section 3702.87 of the Revised	72767
Code;	72768

(6) A nonpublic school, as defined in section 3701.93 of the	72769
Revised Code, located in an area designated as a dental health	72770
resource shortage area pursuant to section 3702.87 of the Revised	72771
Code;	72772

(7) A federally qualified health center or federally	72773
qualified health center look-alike, as defined in section 3701.047	72774
of the Revised Code;	72775

(8) A shelter for victims of domestic violence, as defined in	72776
section 3113.33 of the Revised Code;	72777

(9) A facility operated by the department of youth services	72778
under Chapter 5139. of the Revised Code;	72779

(10) ~~A shelter for runaways, as defined in section 5119.64 of~~	72780
~~the Revised Code;~~	72781

~~(11)~~ A foster home, as defined in section 5103.02 of the	72782
Revised Code;	72783

~~(12)~~(11) A nonprofit clinic, as defined in section 3715.87 of	72784
the Revised Code;	72785

~~(13)~~(12) The residence of one or more individuals receiving	72786
services provided by a home health agency, as defined in section	72787
5101.61 of the Revised Code;	72788

~~(14)~~(13) A dispensary;

72789

~~(15)~~(14) A health care facility, such as a clinic or	72790
hospital, of the United States department of veterans affairs;	72791

~~(16)~~(15) The residence of one or more individuals enrolled in	72792
a home and community-based services medicaid waiver component, as	72793
defined in section ~~5111.851~~5166.01 of the Revised Code;	72794

~~(17)~~(16) A facility operated by the board of health of a city	72795
or general health district or the authority having the duties of a	72796
board of health under section 3709.05 of the Revised Code;	72797

~~(18)~~(17) A women, infants, and children clinic;

72798

~~(19)~~(18) A mobile dental unit located at any location listed	72799
in divisions (G)(1) to ~~(18)~~(17) of this section;	72800

~~(20)~~(19) Any other location, as specified by the state dental	72801
board in rules adopted under section 4715.372 of the Revised Code,	72802
that is in an area designated as a dental health resource shortage	72803
area pursuant to section 3702.87 of the Revised Code and provides	72804
health care services to individuals who are medicaid recipients of	72805
~~medical assistance under the medicaid program established pursuant~~	72806
~~to Chapter 5111. of the Revised Code~~ and to indigent and uninsured	72807
persons, as defined in section 2305.234 of the Revised Code.	72808

Sec. 4715.372. (A) The state dental board shall adopt rules	72809
in accordance with Chapter 119. of the Revised Code as necessary	72810
to implement the oral health access supervision program, including	72811
rules that do all of the following:	72812

(1) For the purpose of division (G)~~(20)~~(19) of section	72813
4715.36 of the Revised Code, designate additional facilities at	72814
which a dental hygienist may be authorized to perform dental	72815
hygiene services under the oral health access supervision program;	72816

(2) For the purpose of section 4715.362 of the Revised Code,	72817
prescribe the application form and requirements for obtaining an	72818
oral health access supervision permit;	72819

(3) For the purpose of section 4715.363 of the Revised Code,	72820
prescribe the application form for a permit to practice as a	72821
dental hygienist under the oral health access supervision of a	72822
dentist;	72823

(4) For the purpose of division (B)(3) of section 4715.363 of	72824
the Revised Code and subject to division (B) of this section,	72825
establish standards for the course in the practice of dental	72826
hygiene under oral health access supervision;	72827

(5) For the purpose of section 4715.369 of the Revised Code,	72828
prescribe the form for renewal of an oral health access	72829
supervision permit;	72830

(6) For the purpose of section 4715.37 of the Revised Code,	72831
prescribe the form for renewal of a permit to practice as a dental	72832
hygienist under the oral health access supervision of a dentist.	72833

(B) The course in the practice of dental hygiene under oral	72834
health access supervision for which the board establishes	72835
standards under division (A)(4) of this section shall meet all of	72836
the following requirements:	72837

(1) Be eight hours in length;

72838

(2) Include, at a minimum, instruction in both of the	72839
following:	72840

(a) The treatment of geriatric patients, medically	72841
compromised patients, developmentally disabled patients, and	72842
pediatric patients;	72843

(b) Recordkeeping practices.

72844

(3) Be developed and offered by an institution accredited by	72845
the American dental association commission on dental accreditation	72846
or a program provided by a sponsor of continuing education	72847
approved by the board;	72848

(4) Include content that is separate and independent from the	72849
course content required for the completion of dental hygiene	72850
education from an accredited dental hygiene school.	72851

Sec. 4717.03. (A) Members of the board of embalmers and	72852
funeral directors shall annually in July, or within thirty days	72853
after the senate's confirmation of the new members appointed in	72854
that year, meet and organize by selecting from among its members a	72855
president, vice-president, and secretary-treasurer. The board may	72856
hold other meetings as it determines necessary. A quorum of the	72857
board consists of four members, of whom at least three shall be	72858
members who are embalmers and funeral directors. The concurrence	72859
of at least four members is necessary for the board to take any	72860
action. The president and secretary-treasurer shall sign all	72861
licenses issued under this chapter and affix the board's seal to	72862
each license.	72863

(B) The board may appoint an individual who is not a member	72864
of the board to serve as executive director of the board. The	72865
executive director serves at the pleasure of the board and shall	72866
do all of the following:	72867

(1) Serve as the board's chief administrative officer;

72868

(2) Act as custodian of the board's records;

72869

(3) Execute all of the board's orders;

72870

(4) Employ staff who are not members of the board and who	72871
serve at the pleasure of the executive director to provide any	72872
assistance that the board considers necessary.	72873

(C) In executing the board's orders as required by division	72874
(B)(3) of this section, the executive director may enter the	72875
premises, establishment, office, or place of business of any	72876
embalmer, funeral director, or operator of a crematory facility in	72877
this state. The executive director may serve and execute any	72878
process issued by any court under this chapter..	72879

~~(C) The board may employ clerical or technical staff who are~~	72880
~~not members of the board and who serve at the pleasure of the~~	72881
~~board to provide any clerical or technical assistance the board~~	72882
~~considers necessary.~~(D) The ~~board~~executive director may employ	72883
necessary inspectors, who shall be licensed embalmers and funeral	72884
directors. ~~Any~~An inspector employed by the ~~board~~executive	72885
director may enter the premises, establishment, office, or place	72886
of business of any embalmer, funeral director, or operator of a	72887
crematory facility in this state, for the purposes of inspecting	72888
the facility and premises; the license and registration of	72889
embalmers and funeral directors operating in the facility; and the	72890
license of the funeral home, embalming facility, or crematory~~. The~~	72891
~~inspector shall serve and execute any process issued by any court~~	72892
~~under this chapter, serve and execute any papers or process issued~~	72893
~~by the board or any officer or member of the board,~~facility and	72894
perform any other duties delegated to the inspector by the board	72895
or assigned to the inspector by the executive director. The	72896
executive director may enter the facility or premises of a funeral	72897
home, embalming facility, or crematory for the purpose of an	72898
inspection if accompanied by an inspector or, if an inspector is	72899
not available, when a situation presents a danger of immediate and	72900
serious harm to the public.	72901

~~(D)~~(E) The president of the board shall designate three of	72902
~~its~~the board's members to serve on the crematory review board,	72903
which is hereby created, for such time as the president finds	72904
appropriate to carry out the provisions of this chapter. Those	72905
members of the crematory review board designated by the president	72906
to serve and three members designated by the cemetery dispute	72907
resolution commission shall designate, by a majority vote, one	72908
person who is experienced in the operation of a crematory facility	72909
and who is not affiliated with a cemetery or a funeral home to	72910
serve on the crematory review board for such time as the crematory	72911
review board finds appropriate. Members serving on the crematory	72912
review board shall not receive any additional compensation for	72913
serving on the board, but may be reimbursed for their actual and	72914
necessary expenses incurred in the performance of official duties	72915
as members of the board. Members of the crematory review board	72916
shall designate one from among its members to serve as a	72917
chairperson for such time as the board finds appropriate. Costs	72918
associated with conducting an adjudicatory hearing in accordance	72919
with division ~~(E)~~(F) of this section shall be paid from funds	72920
available to the board of embalmers and funeral directors.	72921

~~(E)~~(F) Upon receiving written notice from the board of	72922
embalmers and funeral directors of any of the following, the	72923
crematory review board shall conduct an adjudicatory hearing on	72924
the matter in accordance with Chapter 119. of the Revised Code,	72925
except as otherwise provided in this section or division (C) of	72926
section 4717.14 of the Revised Code:	72927

(1) Notice provided under division ~~(H)~~(I) of this section of	72928
an alleged violation of any provision of this chapter or any rules	72929
adopted under this chapter governing or in connection with	72930
crematory facilities or cremation;	72931

(2) Notice provided under division (B) of section 4717.14 of	72932
the Revised Code that the board of embalmers and funeral directors	72933
proposes to refuse to grant or renew, or to suspend or revoke, a	72934
license to operate a crematory facility;	72935

(3) Notice provided under division (C) of section 4717.14 of	72936
the Revised Code that the board of embalmers and funeral directors	72937
has issued an order summarily suspending a license to operate a	72938
crematory facility;	72939

(4) Notice provided under division (B) of section 4717.15 of	72940
the Revised Code that the board of embalmers and funeral directors	72941
proposes to issue a notice of violation and order requiring	72942
payment of a forfeiture for any violation described in divisions	72943
(A)(9)(a) to (g) of section 4717.04 of the Revised Code alleged in	72944
connection with a crematory facility or cremation.	72945

Nothing in division ~~(E)~~(F) of this section precludes the	72946
crematory review board from appointing an independent examiner in	72947
accordance with section 119.09 of the Revised Code to conduct any	72948
adjudication hearing required under division ~~(E)~~(F) of this	72949
section.	72950

The crematory review board shall submit a written report of	72951
findings and advisory recommendations, and a written transcript of	72952
its proceedings, to the board of embalmers and funeral directors.	72953
The board of embalmers and funeral directors shall serve a copy of	72954
the written report of the crematory review board's findings and	72955
advisory recommendations on the party to the adjudication or the	72956
party's attorney, by certified mail, within five days after	72957
receiving the report and advisory recommendations. A party may	72958
file objections to the written report with the board of embalmers	72959
and funeral directors within ten days after receiving the report.	72960
No written report is final or appealable until it is issued as a	72961
final order by the board of embalmers and funeral directors and	72962
entered on the record of the proceedings. The board of embalmers	72963
and funeral directors shall consider objections filed by the party	72964
prior to issuing a final order. After reviewing the findings and	72965
advisory recommendations of the crematory review board, the	72966
written transcript of the crematory review board's proceedings,	72967
and any objections filed by a party, the board of embalmers and	72968
funeral directors shall issue a final order in the matter. Any	72969
party may appeal the final order issued by the board of embalmers	72970
and funeral directors in a matter described in divisions ~~(E)~~(F)(1)	72971
to (4) of this section in accordance with section 119.12 of the	72972
Revised Code, except that the appeal may be made to the court of	72973
common pleas in the county in which is located the crematory	72974
facility to which the final order pertains, or in the county in	72975
which the party resides.	72976

~~(F)~~(G) On its own initiative or on receiving a written	72977
complaint from any person whose identity is made known to the	72978
board of embalmers and funeral directors, the board shall	72979
investigate the acts or practices of any person holding or	72980
claiming to hold a license or registration under this chapter	72981
that, if proven to have occurred, would violate this chapter or	72982
any rules adopted under it. The board may compel witnesses by	72983
subpoena to appear and testify in relation to investigations	72984
conducted under this chapter and may require by subpoena duces	72985
tecum the production of any book, paper, or document pertaining to	72986
an investigation. If a person does not comply with a subpoena or	72987
subpoena duces tecum, the board may apply to the court of common	72988
pleas of any county in this state for an order compelling the	72989
person to comply with the subpoena or subpoena duces tecum, or for	72990
failure to do so, to be held in contempt of court.	72991

~~(G)~~(H) If, as a result of its investigation conducted under	72992
division ~~(F)~~(G) of this section, the board of embalmers and	72993
funeral directors has reasonable cause to believe that the person	72994
investigated is violating any provision of this chapter or any	72995
rules adopted under this chapter governing or in connection with	72996
embalming, funeral directing, funeral homes, embalming facilities,	72997
or the operation of funeral homes or embalming facilities, it may,	72998
after providing the opportunity for an adjudicatory hearing, issue	72999
an order directing the person to cease the acts or practices that	73000
constitute the violation. The board shall conduct the adjudicatory	73001
hearing in accordance with Chapter 119. of the Revised Code except	73002
that, notwithstanding the provisions of that chapter, the	73003
following shall apply:	73004

(1) The board shall send the notice informing the person of	73005
the person's right to a hearing by certified mail.	73006

(2) The person is entitled to a hearing only if the person	73007
requests a hearing and if the board receives the request within	73008
thirty days after the mailing of the notice described in division	73009
~~(G)~~(H)(1) of this section.	73010

(3) A stenographic record shall be taken, in the manner	73011
prescribed in section 119.09 of the Revised Code, at every	73012
adjudicatory hearing held under this section, regardless of	73013
whether the record may be the basis of an appeal to a court.	73014

~~(H)~~(I) If, as a result of its investigation conducted under	73015
division ~~(F)~~(G) of this section, the board of embalmers and	73016
funeral directors has reasonable cause to believe that the person	73017
investigated is violating any provision of this chapter or any	73018
rules adopted under this chapter governing or in connection with	73019
crematory facilities or cremation, the board shall send written	73020
notice of the alleged violation to the crematory review board. If,	73021
after the conclusion of the adjudicatory hearing in the matter	73022
conducted under division ~~(E)~~(F) of this section, the board of	73023
embalmers and funeral directors finds that a person is in	73024
violation of any provision of this chapter or any rules adopted	73025
under this chapter governing or in connection with crematory	73026
facilities or cremation, the board may issue a final order under	73027
that division directing the person to cease the acts or practices	73028
that constitute the violation.	73029

~~(I)~~(J) The board of embalmers and funeral directors may bring	73030
a civil action to enjoin any violation or threatened violation of	73031
sections 4717.01 to 4717.15 of the Revised Code or a rule adopted	73032
under any of those sections; division (A) or (B) of section	73033
4717.23; division (B)(1) or (2), (C)(1) or (2), (D), (E), or	73034
(F)(1) or (2), or divisions (H) to (K) of section 4717.26;	73035
division (D)(1) of section 4717.27; divisions (A) to (C) of	73036
section 4717.28, or division (D) or (E) of section 4717.31 of the	73037
Revised Code. The action shall be brought in the county where the	73038
violation occurred or the threatened violation is expected to	73039
occur. At the request of the board, the attorney general shall	73040
represent the board in any matter arising under this chapter.	73041

~~(J)~~(K) The board of embalmers and funeral directors and the	73042
crematory review board may issue subpoenas for funeral directors	73043
and embalmers or persons holding themselves out as such, for	73044
operators of crematory facilities or persons holding themselves	73045
out as such, or for any other person whose testimony, in the	73046
opinion of either board, is necessary. The subpoena shall require	73047
the person to appear before the appropriate board or any	73048
designated member of either board, upon any hearing conducted	73049
under this chapter. The penalty for disobedience to the command of	73050
such a subpoena is the same as for refusal to answer such a	73051
process issued under authority of the court of common pleas.	73052

~~(K)~~(L) All moneys received by the board of embalmers and	73053
funeral directors from any source shall be deposited in the state	73054
treasury to the credit of the occupational licensing and	73055
regulatory fund created in section 4743.05 of the Revised Code.	73056

~~(L)~~(M) The board of embalmers and funeral directors shall	73057
submit a written report to the governor on or before the first	73058
Monday of July of each year. This report shall contain a detailed	73059
statement of the nature and amount of the board's receipts and the	73060
amount and manner of its expenditures.	73061

Sec. 4717.06. (A)(1) Any person who desires to obtain a	73062
license to operate a funeral home, embalming facility, or	73063
crematory facility shall apply to the board of embalmers and	73064
funeral directors on a form provided by the board. The application	73065
shall include the initial license fee set forth in section 4717.07	73066
of the Revised Code and proof satisfactory to the board that the	73067
funeral home, embalming facility, or crematory facility is in	73068
compliance with rules adopted by the board under section 4717.04	73069
of the Revised Code, rules adopted by the board of building	73070
standards under Chapter 3781. of the Revised Code, and all other	73071
federal, state, and local requirements relating to the safety of	73072
the premises.	73073

(2) If the funeral home, embalming facility, or crematory	73074
facility to which the license application pertains is owned by a	73075
corporation or limited liability company, the application shall	73076
include the name and address of the corporation's or limited	73077
liability company's statutory agent appointed under section	73078
1701.07 or 1705.06 of the Revised Code or, in the case of a	73079
foreign corporation, the corporation's designated agent appointed	73080
under section 1703.041 of the Revised Code. If the funeral home,	73081
embalming facility, or crematory facility to which the application	73082
pertains is owned by a partnership, the application shall include	73083
the name and address of each of the partners. If, at any time	73084
after the submission of a license application or issuance of a	73085
license, the statutory or designated agent of a corporation or	73086
limited liability company owning a funeral home, embalming	73087
facility, or crematory facility or the address of the statutory or	73088
designated agent changes or, in the case of a partnership, any of	73089
the partners of the funeral home, embalming facility, or crematory	73090
facility or the address of any of the partners changes, the	73091
applicant for or holder of the license to operate the funeral	73092
home, embalming facility, or crematory facility shall submit	73093
written notice to the board, within thirty days after the change,	73094
informing the board of the change and of any name or address of a	73095
statutory or designated agent or partner that has changed from	73096
that contained in the application for the license or the most	73097
recent notice submitted under division (A)(2) of this section.	73098

(B)(1) The board shall issue a license to operate a funeral	73099
home only for the address at which the funeral home is operated.	73100
The funeral home license and licenses of the embalmers and funeral	73101
directors employed by the funeral home shall be displayed in a	73102
conspicuous place within the funeral home.	73103

(2) The funeral home shall have on the premises one of the	73104
following:	73105

(a) If embalming will take place at the funeral home, an	73106
embalming room that is adequately equipped and maintained. The	73107
embalming room shall be kept in a clean and sanitary manner and	73108
used only for the embalming, preparation, or holding of dead human	73109
bodies. The embalming room shall contain only the articles,	73110
facilities, and instruments necessary for those purposes.	73111

(b) If embalming will not take place at the funeral home, a	73112
holding room that is adequately equipped and maintained. The	73113
holding room shall be kept in a clean and sanitary manner and used	73114
only for the preparation, other than embalming, and holding of	73115
dead human bodies. The holding room shall contain only the	73116
articles and facilities necessary for those purposes.	73117

(3) Except as provided in division (B) of section 4717.11 of	73118
the Revised Code, a funeral home shall be established and operated	73119
only under the name of a holder of a funeral director's license	73120
issued by the board who is actually in charge of and ultimately	73121
responsible for the funeral home, and a funeral home license shall	73122
not include directional or geographical references in the name of	73123
the funeral home. The holder of the funeral home license shall be	73124
a funeral director licensed under this chapter who is actually in	73125
charge of and ultimately responsible for the funeral home. Nothing	73126
in division (B)(3) of this section prohibits the holder of a	73127
funeral home license from including directional or geographical	73128
references in promotional or advertising materials identifying the	73129
location of the funeral home.	73130

(4) Each funeral home shall be directly supervised by a	73131
funeral director licensed under this chapter, who ~~shall~~may	73132
supervise ~~only~~more than one funeral home.	73133

(C)(1) The board shall issue a license to operate an	73134
embalming facility only for the address at which the embalming	73135
facility is operated. The license shall be displayed in a	73136
conspicuous place within the facility.	73137

(2) The embalming facility shall be adequately equipped and	73138
maintained in a sanitary manner. The embalming room at such a	73139
facility shall contain only the articles, facilities, and	73140
instruments necessary for its stated purpose. The embalming room	73141
shall be kept in a clean and sanitary condition and used only for	73142
the care and preparation of dead human bodies.	73143

(3) An embalming facility license shall be issued only to an	73144
embalmer licensed under division (B) of section 4717.05 of the	73145
Revised Code, who is actually in charge of the facility.	73146

(D)(1) The board shall issue a license to operate a crematory	73147
facility only for the address at which the crematory facility is	73148
located and operated. The license shall be displayed in a	73149
conspicuous place within the crematory facility.	73150

(2) The crematory facility shall be adequately equipped and	73151
maintained in a clean and sanitary manner. The crematory facility	73152
may be located in a funeral home, embalming facility, cemetery	73153
building, or other building in which the crematory facility may	73154
lawfully operate. If a crematory facility engages in the cremation	73155
of animals, the crematory facility shall cremate animals in a	73156
cremation chamber that also is not used to cremate dead human	73157
bodies or human body parts and shall not cremate animals in a	73158
cremation chamber used for the cremation of dead human bodies and	73159
human body parts. Cremation chambers that are used for the	73160
cremation of dead human bodies or human body parts and cremation	73161
chambers used for the cremation of animals may be located in the	73162
same area.	73163

(3) A license to operate a crematory facility shall be issued	73164
to the person actually in charge of the crematory facility. This	73165
section does not require the individual who is actually in charge	73166
of the crematory facility to be an embalmer or funeral director	73167
licensed under this chapter.	73168

(4) Nothing in this section or rules adopted under section	73169
4717.04 of the Revised Code precludes the establishment and	73170
operation of a crematory facility on or adjacent to the property	73171
on which a cemetery, funeral home, or embalming facility is	73172
located.	73173

Sec. 4717.07. (A) The board of embalmers and funeral	73174
directors shall charge and collect the following fees:	73175

(1) For the initial issuance or biennial renewal of an	73176
embalmer's or funeral director's license, one hundred ~~forty~~fifty	73177
dollars;	73178

(2) For the issuance of an embalmer or funeral director	73179
registration, twenty-five dollars;	73180

(3) For filing an embalmer or funeral director certificate of	73181
apprenticeship, ten dollars;	73182

(4) For the application to take the examination for a license	73183
to practice as an embalmer or funeral director, or to retake a	73184
section of the examination, thirty-five dollars;	73185

(5) For the initial issuance of a license to operate a	73186
funeral home, ~~two~~three hundred fifty dollars and biennial renewal	73187
of a license to operate a funeral home, ~~two~~three hundred fifty	73188
dollars;	73189

(6) For the reinstatement of a lapsed embalmer's or funeral	73190
director's license, the renewal fee prescribed in division (A)(1)	73191
of this section plus fifty dollars for each month or portion of a	73192
month the license is lapsed ~~until reinstatement~~, but not more than	73193
one thousand dollars;	73194

(7) For the reinstatement of a lapsed license to operate a	73195
funeral home, the renewal fee prescribed in division (A)(5) of	73196
this section plus fifty dollars for each month or portion of a	73197
month the license is lapsed until reinstatement;	73198

(8) For the initial issuance of a license to operate an	73199
embalming facility, ~~two~~three hundred fifty dollars and biennial	73200
renewal of a license to operate an embalming facility, ~~two~~three	73201
hundred fifty dollars;	73202

(9) For the reinstatement of a lapsed license to operate an	73203
embalming facility, the renewal fee prescribed in division (A)(8)	73204
of this section plus fifty dollars for each month or portion of a	73205
month the license is lapsed until reinstatement;	73206

(10) For the initial issuance of a license to operate a	73207
crematory facility, ~~two~~three hundred fifty dollars and biennial	73208
renewal of a license to operate a crematory facility, ~~two~~three	73209
hundred fifty dollars;	73210

(11) For the reinstatement of a lapsed license to operate a	73211
crematory facility, the renewal fee prescribed in division (A)(10)	73212
of this section plus fifty dollars for each month or portion of a	73213
month the license is lapsed until reinstatement;	73214

(12) For the issuance of a duplicate of a license issued	73215
under this chapter, ~~four~~ten dollars.	73216

(B) In addition to the fees set forth in division (A) of this	73217
section, an applicant shall pay the examination fee assessed by	73218
any examining agency the board uses for any section of an	73219
examination required under this chapter.	73220

(C) Subject to the approval of the controlling board, the	73221
board of embalmers and funeral directors may establish fees in	73222
excess of the amounts set forth in this section, provided that	73223
these fees do not exceed the amounts set forth in this section by	73224
more than fifty per cent.	73225

Sec. 4717.10. (A) The board of embalmers and funeral	73226
directors may recognize licenses issued to embalmers and funeral	73227
directors by other states, and upon presentation of such licenses,	73228
may issue to the holder an embalmer's or funeral director's	73229
license under this chapter. The board shall charge the same fee as	73230
prescribed in section 4717.07 of the Revised Code to issue or	73231
renew such an embalmer's or funeral director's license. Such	73232
licenses shall be renewed ~~annually~~biennially as provided in	73233
section 4717.08 of the Revised Code. The board shall not issue a	73234
license to any person under this section unless the applicant	73235
proves that the applicant, in the state in which the applicant is	73236
licensed, has complied with requirements substantially equal to	73237
those established in section 4717.05 of the Revised Code.	73238

(B) The board of embalmers and funeral directors may issue	73239
courtesy cards. A courtesy cardholder shall be authorized to	73240
undertake both the following acts in this state:	73241

(1) Prepare and complete those sections of a death	73242
certificate and other permits needed for disposition of deceased	73243
human remains in this state and sign and file such death	73244
certificates and permits;	73245

(2) Supervise and conduct funeral ceremonies and interments	73246
in this state.	73247

(C) The board of embalmers and funeral directors may	73248
determine under what conditions a courtesy card may be issued to	73249
funeral directors in bordering states after taking into account	73250
whether and under what conditions and fees such border states	73251
issue similar courtesy cards to funeral directors licensed in this	73252
state. Applicants for courtesy cards shall apply on forms	73253
prescribed by the board, pay ~~an annual~~a biennial fee set by the	73254
board for initial applications and renewals, and adhere to such	73255
other requirements imposed by the board on courtesy cardholders.	73256

(D) No courtesy cardholder shall be authorized to undertake	73257
any of the following activities in this state:	73258

(1) Arranging funerals or disposition services with members	73259
of the public in this state;	73260

(2) Be employed by or under contract to a funeral home	73261
licensed in this state to perform funeral services in this state;	73262

(3) Advertise funeral or disposition services in this state;

73263

(4) Enter into or execute funeral or disposition contracts in	73264
this state;	73265

(5) Prepare or embalm deceased human remains in this state;

73266

(6) Arrange for or carry out the disinterment of human	73267
remains in this state.	73268

(E) As used in this section, "courtesy card" means a special	73269
permit that may be issued to a funeral director licensed in a	73270
state that borders this state and who does not hold a funeral	73271
director's license under this chapter.	73272

Sec. 4717.14. (A) The board of embalmers and funeral	73273
directors may refuse to grant or renew, or may suspend or revoke,	73274
any license issued under this chapter or may require the holder of	73275
a license to take corrective action courses for any of the	73276
following reasons:	73277

(1) The license was obtained by fraud or misrepresentation	73278
either in the application or in passing the examination.	73279

(2) The applicant or licensee has been convicted of or has	73280
pleaded guilty to a felony or of any crime involving moral	73281
turpitude.	73282

(3) The applicant or licensee has purposely violated any	73283
provision of sections 4717.01 to 4717.15 or a rule adopted under	73284
any of those sections; division (A) or (B) of section 4717.23;	73285
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	73286
or divisions (H) to (K) of section 4717.26; division (D)(1) of	73287
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	73288
Revised Code; any rule or order of the department of health or a	73289
board of health of a health district governing the disposition of	73290
dead human bodies; or any other rule or order applicable to the	73291
applicant or licensee.	73292

(4) The applicant or licensee has committed immoral or	73293
unprofessional conduct.	73294

(5) The applicant or licensee knowingly permitted an	73295
unlicensed person, other than a person serving an apprenticeship,	73296
to engage in the profession or business of embalming or funeral	73297
directing under the applicant's or licensee's supervision.	73298

(6) The applicant or licensee has been habitually	73299
intoxicated, or is addicted to the use of morphine, cocaine, or	73300
other habit-forming or illegal drugs.	73301

(7) The applicant or licensee has refused to promptly submit	73302
the custody of a dead human body upon the express order of the	73303
person legally entitled to the body.	73304

(8) The licensee loaned the licensee's own license, or the	73305
applicant or licensee borrowed or used the license of another	73306
person, or knowingly aided or abetted the granting of an improper	73307
license.	73308

(9) The applicant or licensee transferred a license to	73309
operate a funeral home, embalming facility, or crematory from one	73310
owner or operator to another, or from one location to another,	73311
without notifying the board.	73312

(10) The applicant or licensee misled the public by using	73313
false or deceptive advertising.	73314

(B)(1) The board of embalmers and funeral directors shall	73315
refuse to grant or renew, or shall suspend or revoke, an	73316
embalmer's, funeral director's, funeral home, or embalming	73317
facility license only in accordance with Chapter 119. of the	73318
Revised Code.	73319

(2) The board shall send to the crematory review board	73320
written notice that it proposes to refuse to issue or renew, or	73321
proposes to suspend or revoke, a license to operate a crematory	73322
facility. If, after the conclusion of the adjudicatory hearing on	73323
the matter conducted under division ~~(E)~~(F) of section 4717.03 of	73324
the Revised Code, the board of embalmers and funeral directors	73325
finds that any of the circumstances described in divisions (A)(1)	73326
to (10) of this section apply to the person named in its proposed	73327
action, the board may issue a final order under division ~~(E)~~(F) of	73328
section 4717.03 of the Revised Code refusing to issue or renew, or	73329
suspending or revoking, the person's license to operate a	73330
crematory facility.	73331

(C) If the board of embalmers and funeral directors	73332
determines that there is clear and convincing evidence that any of	73333
the circumstances described in divisions (A)(1) to (10) of this	73334
section apply to the holder of a license issued under this chapter	73335
and that the licensee's continued practice presents a danger of	73336
immediate and serious harm to the public, the board may suspend	73337
the licensee's license without a prior adjudicatory hearing. The	73338
executive director of the board shall prepare written allegations	73339
for consideration by the board.	73340

The board, after reviewing the written allegations, may	73341
suspend a license without a prior hearing.	73342

The board shall issue a written order of suspension by a	73343
delivery system or in person in accordance with section 119.07 of	73344
the Revised Code. Such an order is not subject to suspension by	73345
the court during the pendency of any appeal filed under section	73346
119.12 of the Revised Code. If the holder of an embalmer's,	73347
funeral director's, funeral home, or embalming facility license	73348
requests an adjudicatory hearing by the board, the date set for	73349
the hearing shall be within fifteen days, but not earlier than	73350
seven days, after the licensee has requested a hearing, unless the	73351
board and the licensee agree to a different time for holding the	73352
hearing.	73353

Upon issuing a written order of suspension to the holder of a	73354
license to operate a crematory facility, the board of embalmers	73355
and funeral directors shall send written notice of the issuance of	73356
the order to the crematory review board. The crematory review	73357
board shall hold an adjudicatory hearing on the order under	73358
division ~~(E)~~(F) of section 4717.03 of the Revised Code within	73359
fifteen days, but not earlier than seven days, after the issuance	73360
of the order, unless the crematory review board and the licensee	73361
agree to a different time for holding the adjudicatory hearing.	73362

Any summary suspension imposed under this division shall	73363
remain in effect, unless reversed on appeal, until a final	73364
adjudicatory order issued by the board of embalmers and funeral	73365
directors pursuant to this division and Chapter 119. of the	73366
Revised Code, or division ~~(E)~~(F) of section 4717.03 of the Revised	73367
Code, as applicable, becomes effective. The board of embalmers and	73368
funeral directors shall issue its final adjudicatory order within	73369
sixty days after the completion of its hearing or, in the case of	73370
the summary suspension of a license to operate a crematory	73371
facility, within sixty days after completion of the adjudicatory	73372
hearing by the crematory review board. A failure to issue the	73373
order within that time results in the dissolution of the summary	73374
suspension order, but does not invalidate any subsequent final	73375
adjudicatory order.	73376

(D) If the board of embalmers and funeral directors suspends	73377
or revokes a license held by a funeral director or a funeral home	73378
for any reason identified in division (A) of this section, the	73379
board may file a complaint with the court of common pleas in the	73380
county where the violation occurred requesting appointment of a	73381
receiver and the sequestration of the assets of the funeral home	73382
that held the suspended or revoked license or the licensed funeral	73383
home that employs the funeral director that held the suspended or	73384
revoked license. If the court of common pleas is satisfied with	73385
the application for a receivership, the court may appoint a	73386
receiver.	73387

The board or a receiver may employ and procure whatever	73388
assistance or advice is necessary in the receivership or	73389
liquidation and distribution of the assets of the funeral home,	73390
and, for that purpose, may retain officers or employees of the	73391
funeral home as needed. All expenses of the receivership or	73392
liquidation shall be paid from the assets of the funeral home and	73393
shall be a lien on those assets, and that lien shall be a priority	73394
to any other lien.	73395

(E) Any holder of a license issued under this chapter who has	73396
pleaded guilty to, has been found by a judge or jury to be guilty	73397
of, or has had a judicial finding of eligibility for treatment in	73398
lieu of conviction entered against the individual in this state	73399
for aggravated murder, murder, voluntary manslaughter, felonious	73400
assault, kidnapping, rape, sexual battery, gross sexual	73401
imposition, aggravated arson, aggravated robbery, or aggravated	73402
burglary, or who has pleaded guilty to, has been found by a judge	73403
or jury to be guilty of, or has had a judicial finding of	73404
eligibility for treatment in lieu of conviction entered against	73405
the individual in another jurisdiction for any substantially	73406
equivalent criminal offense, is hereby suspended from practice	73407
under this chapter by operation of law, and any license issued to	73408
the individual under this chapter is hereby suspended by operation	73409
of law as of the date of the guilty plea, verdict or finding of	73410
guilt, or judicial finding of eligibility for treatment in lieu of	73411
conviction, regardless of whether the proceedings are brought in	73412
this state or another jurisdiction. The board shall notify the	73413
suspended individual of the suspension of the individual's license	73414
by the operation of this division by a delivery system or in	73415
person in accordance with section 119.07 of the Revised Code. If	73416
an individual whose license is suspended under this division fails	73417
to make a timely request for an adjudicatory hearing, the board	73418
shall enter a final order revoking the license.	73419

(F) No person whose license has been suspended or revoked	73420
under or by the operation of this section shall practice embalming	73421
or funeral directing or operate a funeral home, embalming	73422
facility, or crematory facility until the board has reinstated the	73423
person's license.	73424

Sec. 4717.15. (A) The board of embalmers and funeral	73425
directors, without the necessity for conducting a prior	73426
adjudication hearing, may issue a notice of violation to the	73427
holder of an embalmer's, funeral director's, funeral home, or	73428
embalming facility license issued under this chapter who the board	73429
finds has committed any of the violations described in divisions	73430
(A)(9)(a) to (g) of section 4717.04 of the Revised Code. The	73431
notice shall set forth the specific violation committed by the	73432
licensee and shall be sent by certified mail. The notice shall be	73433
accompanied by an order requiring the payment of the appropriate	73434
forfeiture prescribed in rules adopted under division (A)(9) of	73435
section 4717.04 of the Revised Code and by a notice informing the	73436
licensee that the licensee is entitled to an adjudicatory hearing	73437
on the notice of violation and order if the licensee requests a	73438
hearing and if the board receives the request within thirty days	73439
after the mailing of the notice of violation and order. The board	73440
shall conduct any such adjudicatory hearing in accordance with	73441
Chapter 119. of the Revised Code, except as otherwise provided in	73442
this division.	73443

A licensee who receives a notice of violation and order under	73444
this division shall pay to the executive director of the board the	73445
full amount of the forfeiture by certified check within thirty	73446
days after the notice of violation and order were mailed to the	73447
licensee unless, within that time, the licensee submits a request	73448
for an adjudicatory hearing on the notice of violation and order.	73449
If such a request for an adjudicatory hearing is timely filed, the	73450
licensee need not pay the forfeiture to the executive director	73451
until after a final, nonappealable administrative or judicial	73452
decision is rendered on the order requiring payment of the	73453
forfeiture. If a final nonappealable administrative or judicial	73454
decision is rendered affirming the board's order, the licensee	73455
shall pay to the executive director of the board the full amount	73456
of the forfeiture by certified check within thirty days after	73457
notice of the decision was sent to the licensee. A forfeiture is	73458
considered to be paid when the licensee's certified check is	73459
received by the executive director in Columbus. If the licensee	73460
fails to so pay the full amount of the forfeiture to the executive	73461
director within that time, the board shall issue an order	73462
suspending or revoking the individual's license, as the board	73463
considers appropriate.	73464

(B) The board shall send to the crematory review board	73465
written notice that it proposes to issue to the holder of a	73466
license to operate a crematory facility issued under this chapter	73467
a notice of violation and order requiring payment of a forfeiture	73468
specified in rules adopted under division (A)(9) of section	73469
4717.04 of the Revised Code. If, after the conclusion of the	73470
adjudicatory hearing on the matter conducted under division ~~(E)~~(F)	73471
of section 4717.03 of the Revised Code, the board of embalmers and	73472
funeral directors finds that the licensee has committed any of the	73473
violations described in divisions (A)(9)(a) to (g) of section	73474
4717.04 of the Revised Code in connection with the operation of a	73475
crematory facility or cremation, the board of embalmers and	73476
funeral directors may issue a final order under division ~~(E)~~(F) of	73477
section 4717.03 of the Revised Code requiring payment of the	73478
appropriate forfeiture specified in rules adopted under division	73479
(A)(9) of section 4717.04 of the Revised Code. A licensee who	73480
receives such an order shall pay the full amount of the forfeiture	73481
to the executive director by certified check within thirty days	73482
after the order was sent to the licensee unless, within that time,	73483
the licensee files a notice of appeal in accordance with division	73484
~~(E)~~(F) of section 4717.03 and section 119.12 of the Revised Code.	73485
If such a notice of appeal is timely filed, the licensee need not	73486
pay the forfeiture to the executive director until after a final,	73487
nonappealable judicial decision is rendered in the appeal. If a	73488
final, nonappealable judicial decision is rendered affirming the	73489
board's order, the licensee shall pay to the executive director	73490
the full amount of the forfeiture by certified check within thirty	73491
days after notice of the decision was sent to the licensee. A	73492
forfeiture is considered paid when the licensee's certified check	73493
is received by the executive director in Columbus. If the licensee	73494
fails to so pay the full amount of the forfeiture to the executive	73495
director within that time, the board shall issue an order	73496
suspending or revoking the individual's license, as the board	73497
considers appropriate.	73498

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	73499
the Revised Code:	73500

(1) "Affiliate" means a business entity that is owned by,	73501
operated by, controlled by, or under common control with another	73502
business entity.	73503

(2) "Communication" means a written or oral notification or	73504
advertisement that meets both of the following criteria, as	73505
applicable:	73506

(a) The notification or advertisement is transmitted by or on	73507
behalf of the seller of goods or services and by or through any	73508
printed, audio, video, cinematic, telephonic, or electronic means.	73509

(b) In the case of a notification or advertisement other than	73510
by telephone, either of the following conditions is met:	73511

(i) The notification or advertisement is followed by a	73512
telephone call from a telephone solicitor or salesperson.	73513

(ii) The notification or advertisement invites a response by	73514
telephone, and, during the course of that response, a telephone	73515
solicitor or salesperson attempts to make or makes a sale of goods	73516
or services. As used in division (A)(2)(b)(ii) of this section,	73517
"invites a response by telephone" excludes the mere listing or	73518
inclusion of a telephone number in a notification or	73519
advertisement.	73520

(3) "Gift, award, or prize" means anything of value that is	73521
offered or purportedly offered, or given or purportedly given by	73522
chance, at no cost to the receiver and with no obligation to	73523
purchase goods or services. As used in this division, "chance"	73524
includes a situation in which a person is guaranteed to receive an	73525
item and, at the time of the offer or purported offer, the	73526
telephone solicitor does not identify the specific item that the	73527
person will receive.	73528

(4) "Goods or services" means any real property or any	73529
tangible or intangible personal property, or services of any kind	73530
provided or offered to a person. "Goods or services" includes, but	73531
is not limited to, advertising; labor performed for the benefit of	73532
a person; personal property intended to be attached to or	73533
installed in any real property, regardless of whether it is so	73534
attached or installed; timeshare estates or licenses; and extended	73535
service contracts.	73536

(5) "Purchaser" means a person that is solicited to become or	73537
does become financially obligated as a result of a telephone	73538
solicitation.	73539

(6) "Salesperson" means an individual who is employed,	73540
appointed, or authorized by a telephone solicitor to make	73541
telephone solicitations but does not mean any of the following:	73542

(a) An individual who comes within one of the exemptions in	73543
division (B) of this section;	73544

(b) An individual employed, appointed, or authorized by a	73545
person who comes within one of the exemptions in division (B) of	73546
this section;	73547

(c) An individual under a written contract with a person who	73548
comes within one of the exemptions in division (B) of this	73549
section, if liability for all transactions with purchasers is	73550
assumed by the person so exempted.	73551

(7) "Telephone solicitation" means a communication to a	73552
person that meets both of the following criteria:	73553

(a) The communication is initiated by or on behalf of a	73554
telephone solicitor or by a salesperson.	73555

(b) The communication either represents a price or the	73556
quality or availability of goods or services or is used to induce	73557
the person to purchase goods or services, including, but not	73558
limited to, inducement through the offering of a gift, award, or	73559
prize.	73560

(8) "Telephone solicitor" means a person that engages in	73561
telephone solicitation directly or through one or more	73562
salespersons either from a location in this state, or from a	73563
location outside this state to persons in this state. "Telephone	73564
solicitor" includes, but is not limited to, any such person that	73565
is an owner, operator, officer, or director of, partner in, or	73566
other individual engaged in the management activities of, a	73567
business.	73568

(B) A telephone solicitor is exempt from the provisions of	73569
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	73570
Code if the telephone solicitor is any one of the following:	73571

(1) A person engaging in a telephone solicitation that is a	73572
one-time or infrequent transaction not done in the course of a	73573
pattern of repeated transactions of a like nature;	73574

(2) A person engaged in telephone solicitation solely for	73575
religious or political purposes; a charitable organization,	73576
fund-raising counsel, or professional solicitor in compliance with	73577
the registration and reporting requirements of Chapter 1716. of	73578
the Revised Code; or any person or other entity exempt under	73579
section 1716.03 of the Revised Code from filing a registration	73580
statement under section 1716.02 of the Revised Code;	73581

(3) A person, making a telephone solicitation involving a	73582
home solicitation sale as defined in section 1345.21 of the	73583
Revised Code, that makes the sales presentation and completes the	73584
sale at a later, face-to-face meeting between the seller and the	73585
purchaser rather than during the telephone solicitation. However,	73586
if the person, following the telephone solicitation, causes	73587
another person to collect the payment of any money, this exemption	73588
does not apply.	73589

(4) A licensed securities, commodities, or investment broker,	73590
dealer, investment advisor, or associated person when making a	73591
telephone solicitation within the scope of the person's license.	73592
As used in division (B)(4) of this section, "licensed securities,	73593
commodities, or investment broker, dealer, investment advisor, or	73594
associated person" means a person subject to licensure or	73595
registration as such by the securities and exchange commission;	73596
the National Association of Securities Dealers or other	73597
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	73598
the division of securities under Chapter 1707. of the Revised	73599
Code; or by an official or agency of any other state of the United	73600
States.	73601

(5)(a) A person primarily engaged in soliciting the sale of a	73602
newspaper of general circulation;	73603

(b) As used in division (B)(5)(a) of this section, "newspaper	73604
of general circulation" includes, but is not limited to, both of	73605
the following:	73606

(i) A newspaper that is a daily law journal designated as an	73607
official publisher of court calendars pursuant to section 2701.09	73608
of the Revised Code;	73609

(ii) A newspaper or publication that has at least twenty-five	73610
per cent editorial, non-advertising content, exclusive of inserts,	73611
measured relative to total publication space, and an audited	73612
circulation to at least fifty per cent of the households in the	73613
newspaper's retail trade zone as defined by the audit.	73614

(6)(a) An issuer, or its subsidiary, that has a class of	73615
securities to which all of the following apply:	73616

(i) The class of securities is subject to section 12 of the	73617
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	73618
registered or is exempt from registration under 15 U.S.C.A.	73619
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	73620

(ii) The class of securities is listed on the New York stock	73621
exchange, the American stock exchange, or the NASDAQ national	73622
market system;	73623

(iii) The class of securities is a reported security as	73624
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	73625

(b) An issuer, or its subsidiary, that formerly had a class	73626
of securities that met the criteria set forth in division	73627
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	73628
net worth in excess of one hundred million dollars, files or its	73629
parent files with the securities and exchange commission an S.E.C.	73630
form 10-K, and has continued in substantially the same business	73631
since it had a class of securities that met the criteria in	73632
division (B)(6)(a) of this section. As used in division (B)(6)(b)	73633
of this section, "issuer" and "subsidiary" include the successor	73634
to an issuer or subsidiary.	73635

(7) A person soliciting a transaction regulated by the	73636
commodity futures trading commission, if the person is registered	73637
or temporarily registered for that activity with the commission	73638
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	73639
registration has not expired or been suspended or revoked;	73640

(8) A person soliciting the sale of any book, record, audio	73641
tape, compact disc, or video, if the person allows the purchaser	73642
to review the merchandise for at least seven days and provides a	73643
full refund within thirty days to a purchaser who returns the	73644
merchandise or if the person solicits the sale on behalf of a	73645
membership club operating in compliance with regulations adopted	73646
by the federal trade commission in 16 C.F.R. 425;	73647

(9) A supervised financial institution or its subsidiary. As	73648
used in division (B)(9) of this section, "supervised financial	73649
institution" means a bank, trust company, savings and loan	73650
association, savings bank, credit union, industrial loan company,	73651
consumer finance lender, commercial finance lender, or institution	73652
described in section 2(c)(2)(F) of the "Bank Holding Company Act	73653
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	73654
official or agency of the United States, this state, or any other	73655
state of the United States; or a licensee or registrant under	73656
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	73657
1321.83 of the Revised Code.	73658

(10)(a) An insurance company, association, or other	73659
organization that is licensed or authorized to conduct business in	73660
this state by the superintendent of insurance pursuant to Title	73661
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	73662
when soliciting within the scope of its license or authorization.	73663

(b) A licensed insurance broker, agent, or solicitor when	73664
soliciting within the scope of the person's license. As used in	73665
division (B)(10)(b) of this section, "licensed insurance broker,	73666
agent, or solicitor" means any person licensed as an insurance	73667
broker, agent, or solicitor by the superintendent of insurance	73668
pursuant to Title XXXIX of the Revised Code.	73669

(11) A person soliciting the sale of services provided by a	73670
cable television system operating under authority of a	73671
governmental franchise or permit;	73672

(12) A person soliciting a business-to-business sale under	73673
which any of the following conditions are met:	73674

(a) The telephone solicitor has been operating continuously	73675
for at least three years under the same business name under which	73676
it solicits purchasers, and at least fifty-one per cent of its	73677
gross dollar volume of sales consists of repeat sales to existing	73678
customers to whom it has made sales under the same business name.	73679

(b) The purchaser business intends to resell the goods	73680
purchased.	73681

(c) The purchaser business intends to use the goods or	73682
services purchased in a recycling, reuse, manufacturing, or	73683
remanufacturing process.	73684

(d) The telephone solicitor is a publisher of a periodical or	73685
of magazines distributed as controlled circulation publications as	73686
defined in division (CC) of section 5739.01 of the Revised Code	73687
and is soliciting sales of advertising, subscriptions, reprints,	73688
lists, information databases, conference participation or	73689
sponsorships, trade shows or media products related to the	73690
periodical or magazine, or other publishing services provided by	73691
the controlled circulation publication.	73692

(13) A person that, not less often than once each year,	73693
publishes and delivers to potential purchasers a catalog that	73694
complies with both of the following:	73695

(a) It includes all of the following:

73696

(i) The business address of the seller;

73697

(ii) A written description or illustration of each good or	73698
service offered for sale;	73699

(iii) A clear and conspicuous disclosure of the sale price of	73700
each good or service; shipping, handling, and other charges; and	73701
return policy.	73702

(b) One of the following applies:

73703

(i) The catalog includes at least twenty-four pages of	73704
written material and illustrations, is distributed in more than	73705
one state, and has an annual postage-paid mail circulation of not	73706
less than two hundred fifty thousand households;	73707

(ii) The catalog includes at least ten pages of written	73708
material or an equivalent amount of material in electronic form on	73709
the internet or an on-line computer service, the person does not	73710
solicit customers by telephone but solely receives telephone calls	73711
made in response to the catalog, and during the calls the person	73712
takes orders but does not engage in further solicitation of the	73713
purchaser. As used in division (B)(13)(b)(ii) of this section,	73714
"further solicitation" does not include providing the purchaser	73715
with information about, or attempting to sell, any other item in	73716
the catalog that prompted the purchaser's call or in a	73717
substantially similar catalog issued by the seller.	73718

(14) A political subdivision or instrumentality of the United	73719
States, this state, or any state of the United States;	73720

(15) A college or university or any other public or private	73721
institution of higher education in this state;	73722

(16) A public utility as defined in section 4905.02 of the	73723
Revised Code or a retail natural gas supplier as defined in	73724
section 4929.01 of the Revised Code, if the utility or supplier is	73725
subject to regulation by the public utilities commission, or the	73726
affiliate of the utility or supplier;	73727

(17) A person that solicits sales through a television	73728
program or advertisement that is presented in the same market area	73729
no fewer than twenty days per month or offers for sale no fewer	73730
than ten distinct items of goods or services; and offers to the	73731
purchaser an unconditional right to return any good or service	73732
purchased within a period of at least seven days and to receive a	73733
full refund within thirty days after the purchaser returns the	73734
good or cancels the service;	73735

(18)(a) A person that, for at least one year, has been	73736
operating a retail business under the same name as that used in	73737
connection with telephone solicitation and both of the following	73738
occur on a continuing basis:	73739

(i) The person either displays goods and offers them for	73740
retail sale at the person's business premises or offers services	73741
for sale and provides them at the person's business premises.	73742

(ii) At least fifty-one per cent of the person's gross dollar	73743
volume of retail sales involves purchases of goods or services at	73744
the person's business premises.	73745

(b) An affiliate of a person that meets the requirements in	73746
division (B)(18)(a) of this section if the affiliate meets all of	73747
the following requirements:	73748

(i) The affiliate has operated a retail business for a period	73749
of less than one year;	73750

(ii) The affiliate either displays goods and offers them for	73751
retail sale at the affiliate's business premises or offers	73752
services for sale and provides them at the affiliate's business	73753
premises;	73754

(iii) At least fifty-one per cent of the affiliate's gross	73755
dollar volume of retail sales involves purchases of goods or	73756
services at the affiliate's business premises.	73757

(c) A person that, for a period of less than one year, has	73758
been operating a retail business in this state under the same name	73759
as that used in connection with telephone solicitation, as long as	73760
all of the following requirements are met:	73761

(i) The person either displays goods and offers them for	73762
retail sale at the person's business premises or offers services	73763
for sale and provides them at the person's business premises;	73764

(ii) The goods or services that are the subject of telephone	73765
solicitation are sold at the person's business premises, and at	73766
least sixty-five per cent of the person's gross dollar volume of	73767
retail sales involves purchases of goods or services at the	73768
person's business premises;	73769

(iii) The person conducts all telephone solicitation	73770
activities according to sections 310.3, 310.4, and 310.5 of the	73771
telemarketing sales rule adopted by the federal trade commission	73772
in 16 C.F.R. part 310.	73773

(19) A person who performs telephone solicitation sales	73774
services on behalf of other persons and to whom one of the	73775
following applies:	73776

(a) The person has operated under the same ownership,	73777
control, and business name for at least five years, and the person	73778
receives at least seventy-five per cent of its gross revenues from	73779
written telephone solicitation contracts with persons who come	73780
within one of the exemptions in division (B) of this section.	73781

(b) The person is an affiliate of one or more exempt persons	73782
and makes telephone solicitations on behalf of only the exempt	73783
persons of which it is an affiliate.	73784

(c) The person makes telephone solicitations on behalf of	73785
only exempt persons, the person and each exempt person on whose	73786
behalf telephone solicitations are made have entered into a	73787
written contract that specifies the manner in which the telephone	73788
solicitations are to be conducted and that at a minimum requires	73789
compliance with the telemarketing sales rule adopted by the	73790
federal trade commission in 16 C.F.R. part 310, and the person	73791
conducts the telephone solicitations in the manner specified in	73792
the written contract.	73793

(d) The person performs telephone solicitation for religious	73794
or political purposes, a charitable organization, a fund-raising	73795
council, or a professional solicitor in compliance with the	73796
registration and reporting requirements of Chapter 1716. of the	73797
Revised Code; and meets all of the following requirements:	73798

(i) The person has operated under the same ownership,	73799
control, and business name for at least five years, and the person	73800
receives at least fifty-one per cent of its gross revenues from	73801
written telephone solicitation contracts with persons who come	73802
within the exemption in division (B)(2) of this section;	73803

(ii) The person does not conduct a prize promotion or offer	73804
the sale of an investment opportunity;	73805

(iii) The person conducts all telephone solicitation	73806
activities according to sections 310.3, 310.4, and 310.5 of the	73807
telemarketing sales rules adopted by the federal trade commission	73808
in 16 C.F.R. part 310.	73809

(20) A person that is a licensed real estate salesperson or	73810
broker under Chapter 4735. of the Revised Code when soliciting	73811
within the scope of the person's license;	73812

(21)(a) Either of the following:

73813

(i) A publisher that solicits the sale of the publisher's	73814
periodical or magazine of general, paid circulation, or a person	73815
that solicits a sale of that nature on behalf of a publisher under	73816
a written agreement directly between the publisher and the person.	73817

(ii) A publisher that solicits the sale of the publisher's	73818
periodical or magazine of general, paid circulation, or a person	73819
that solicits a sale of that nature as authorized by a publisher	73820
under a written agreement directly with a publisher's	73821
clearinghouse provided the person is a resident of Ohio for more	73822
than three years and initiates all telephone solicitations from	73823
Ohio and the person conducts the solicitation and sale in	73824
compliance with 16 C.F.R. part 310, as adopted by the federal	73825
trade commission.	73826

(b) As used in division (B)(21) of this section, "periodical	73827
or magazine of general, paid circulation" excludes a periodical or	73828
magazine circulated only as part of a membership package or given	73829
as a free gift or prize from the publisher or person.	73830

(22) A person that solicits the sale of food, as defined in	73831
section 3715.01 of the Revised Code, or the sale of products of	73832
horticulture, as defined in section 5739.01 of the Revised Code,	73833
if the person does not intend the solicitation to result in, or	73834
the solicitation actually does not result in, a sale that costs	73835
the purchaser an amount greater than five hundred dollars.	73836

(23) A funeral director licensed pursuant to Chapter 4717. of	73837
the Revised Code when soliciting within the scope of that license,	73838
if both of the following apply:	73839

(a) The solicitation and sale are conducted in compliance	73840
with 16 C.F.R. part 453, as adopted by the federal trade	73841
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	73842
the Revised Code;	73843

(b) The person provides to the purchaser of any preneed	73844
funeral contract a notice that clearly and conspicuously sets	73845
forth the cancellation rights specified in division (G) of section	73846
1107.33 of the Revised Code, and retains a copy of the notice	73847
signed by the purchaser.	73848

(24) A person, or affiliate thereof, licensed to sell or	73849
issue Ohio instruments designated as travelers checks pursuant to	73850
sections 1315.01 to 1315.18 of the Revised Code.	73851

(25) A person that solicits sales from its previous	73852
purchasers and meets all of the following requirements:	73853

(a) The solicitation is made under the same business name	73854
that was previously used to sell goods or services to the	73855
purchaser;	73856

(b) The person has, for a period of not less than three	73857
years, operated a business under the same business name as that	73858
used in connection with telephone solicitation;	73859

(c) The person does not conduct a prize promotion or offer	73860
the sale of an investment opportunity;	73861

(d) The person conducts all telephone solicitation activities	73862
according to sections 310.3, 310.4, and 310.5 of the telemarketing	73863
sales rules adopted by the federal trade commission in 16 C.F.R.	73864
part 310;	73865

(e) Neither the person nor any of its principals has been	73866
convicted of, pleaded guilty to, or has entered a plea of no	73867
contest for a felony or a theft offense as defined in sections	73868
2901.02 and 2913.01 of the Revised Code or similar law of another	73869
state or of the United States;	73870

(f) Neither the person nor any of its principals has had	73871
entered against them an injunction or a final judgment or order,	73872
including an agreed judgment or order, an assurance of voluntary	73873
compliance, or any similar instrument, in any civil or	73874
administrative action involving engaging in a pattern of corrupt	73875
practices, fraud, theft, embezzlement, fraudulent conversion, or	73876
misappropriation of property; the use of any untrue, deceptive, or	73877
misleading representation; or the use of any unfair, unlawful,	73878
deceptive, or unconscionable trade act or practice.	73879

(26) An institution defined as a home health agency in	73880
section 3701.881 of the Revised Code, that conducts all telephone	73881
solicitation activities according to sections 310.3, 310.4, and	73882
310.5 of the telemarketing sales rules adopted by the federal	73883
trade commission in 16 C.F.R. part 310, and engages in telephone	73884
solicitation only within the scope of the institution's	73885
certification, accreditation, contract with the department of	73886
aging, or status as a home health agency; and that meets one of	73887
the following requirements:	73888

(a) The institution is certified as a provider of home health	73889
services under Title XVIII of the Social Security Act, 49 Stat.	73890
620, 42 U.S.C. 301, as amended;	73891

(b) The institution is accredited by either the joint	73892
commission on accreditation of health care organizations or the	73893
community health accreditation program;	73894

(c) The institution is providing ~~passport~~PASSPORT services	73895
under the direction of the ~~Ohio~~ department of aging under ~~section~~	73896
~~173.40~~sections 173.52 to 173.523 of the Revised Code;	73897

(d) An affiliate of an institution that meets the	73898
requirements of division (B)(26)(a), (b), or (c) of this section	73899
when offering for sale substantially the same goods and services	73900
as those that are offered by the institution that meets the	73901
requirements of division (B)(26)(a), (b), or (c) of this section.	73902

(27) A person licensed by the department of health pursuant	73903
to section 3712.04 or 3712.041 of the Revised Code to provide a	73904
hospice care program or pediatric respite care program when	73905
conducting telephone solicitations within the scope of the	73906
person's license and according to sections 310.3, 310.4, and 310.5	73907
of the telemarketing sales rules adopted by the federal trade	73908
commission in 16 C.F.R. part 310.	73909

Sec. 4723.18. (A) The board of nursing shall authorize a	73910
licensed practical nurse to administer to an adult intravenous	73911
therapy if the nurse supplies evidence satisfactory to the board	73912
that all of the following are the case:	73913

(1) The nurse holds a current, valid license issued under	73914
this chapter to practice nursing as a licensed practical nurse.	73915

(2) The nurse has been authorized under section 4723.18 of	73916
the Revised Code to administer medications.	73917

(3) The nurse successfully completed a course of study in the	73918
safe performance of intravenous therapy approved by the board	73919
pursuant to section 4723.19 of the Revised Code or by an agency in	73920
another jurisdiction that regulates the practice of nursing and	73921
has requirements for intravenous therapy course approval that are	73922
substantially similar to the requirements in division (B) of	73923
section 4723.19 of the Revised Code, as determined by the board.	73924

(4) The nurse has successfully completed a minimum of forty	73925
hours of training that includes all of the following:	73926

(a) The curriculum established by rules adopted by the board;

73927

(b) Training in the anatomy and physiology of the	73928
cardiovascular system, signs and symptoms of local and systemic	73929
complications in the administration of fluids and antibiotic	73930
additives, and guidelines for management of these complications;	73931

(c) Any other training or instruction the board considers	73932
appropriate;	73933

(d) A testing component that requires the nurse to perform a	73934
successful demonstration of the intravenous procedures, including	73935
all skills needed to perform them safely.	73936

(B) Except as provided in section 4723.181 of the Revised	73937
Code and subject to the restrictions in division (D) of this	73938
section, a licensed practical nurse may perform intravenous	73939
therapy on an adult patient only if authorized by the board	73940
pursuant to division (A) of this section and only at the direction	73941
of one of the following:	73942

(1) A licensed physician, dentist, optometrist, or podiatrist	73943
who, except as provided in division (C)(2) of this section, is	73944
present and readily available at the facility where the	73945
intravenous therapy procedure is performed;	73946

(2) A registered nurse in accordance with division (C) of	73947
this section.	73948

(C)(1) Except as provided in division (C)(2) of this section	73949
and section 4723.181 of the Revised Code, when a licensed	73950
practical nurse authorized by the board to perform intravenous	73951
therapy performs an intravenous therapy procedure at the direction	73952
of a registered nurse, the registered nurse or another registered	73953
nurse shall be readily available at the site where the intravenous	73954
therapy is performed, and before the licensed practical nurse	73955
initiates the intravenous therapy, the registered nurse shall	73956
personally perform an on-site assessment of the adult patient who	73957
is to receive the intravenous therapy.	73958

(2) When a licensed practical nurse authorized by the board	73959
to perform intravenous therapy performs an intravenous therapy	73960
procedure in a home as defined in section 3721.10 of the Revised	73961
Code, or in an intermediate care facility for the mentally	73962
retarded as defined in section ~~5111.20~~5124.01 of the Revised	73963
Code, at the direction of a registered nurse or licensed	73964
physician, dentist, optometrist, or podiatrist, a registered nurse	73965
shall be on the premises of the home or facility or accessible by	73966
some form of telecommunication.	73967

(D) No licensed practical nurse shall perform any of the	73968
following intravenous therapy procedures:	73969

(1) Initiating or maintaining any of the following:

73970

(a) Blood or blood components;

73971

(b) Solutions for total parenteral nutrition;

73972

(c) Any cancer therapeutic medication including, but not	73973
limited to, cancer chemotherapy or an anti-neoplastic agent;	73974

(d) Solutions administered through any central venous line or	73975
arterial line or any other line that does not terminate in a	73976
peripheral vein, except that a licensed practical nurse authorized	73977
by the board to perform intravenous therapy may maintain the	73978
solutions specified in division (D)(6)(a) of this section that are	73979
being administered through a central venous line or peripherally	73980
inserted central catheter;	73981

(e) Any investigational or experimental medication.

73982

(2) Initiating intravenous therapy in any vein, except that a	73983
licensed practical nurse authorized by the board to perform	73984
intravenous therapy may initiate intravenous therapy in accordance	73985
with this section in a vein of the hand, forearm, or antecubital	73986
fossa;	73987

(3) Discontinuing a central venous, arterial, or any other	73988
line that does not terminate in a peripheral vein;	73989

(4) Initiating or discontinuing a peripherally inserted	73990
central catheter;	73991

(5) Mixing, preparing, or reconstituting any medication for	73992
intravenous therapy, except that a licensed practical nurse	73993
authorized by the board to perform intravenous therapy may prepare	73994
or reconstitute an antibiotic additive;	73995

(6) Administering medication via the intravenous route,	73996
including all of the following activities:	73997

(a) Adding medication to an intravenous solution or to an	73998
existing infusion, except that a licensed practical nurse	73999
authorized by the board to perform intravenous therapy may do any	74000
of the following:	74001

(i) Initiate an intravenous infusion containing one or more	74002
of the following elements: dextrose 5%, normal saline, lactated	74003
ringers, sodium chloride .45%, sodium chloride 0.2%, sterile	74004
water;	74005

(ii) Hang subsequent containers of the intravenous solutions	74006
specified in division (D)(6)(a)(i) of this section that contain	74007
vitamins or electrolytes, if a registered nurse initiated the	74008
infusion of that same intravenous solution;	74009

(iii) Initiate or maintain an intravenous infusion containing	74010
an antibiotic additive.	74011

(b) Injecting medication via a direct intravenous route,	74012
except that a licensed practical nurse authorized by the board to	74013
perform intravenous therapy may inject heparin or normal saline to	74014
flush an intermittent infusion device or heparin lock including,	74015
but not limited to, bolus or push.	74016

(7) Changing tubing on any line including, but not limited	74017
to, an arterial line or a central venous line, except that a	74018
licensed practical nurse authorized by the board to perform	74019
intravenous therapy may change tubing on an intravenous line that	74020
terminates in a peripheral vein;	74021

(8) Programming or setting any function of a patient	74022
controlled infusion pump.	74023

(E) Notwithstanding divisions (A) and (D) of this section, at	74024
the direction of a physician or a registered nurse, a licensed	74025
practical nurse authorized by the board to perform intravenous	74026
therapy may perform the following activities for the purpose of	74027
performing dialysis:	74028

(1) The routine administration and regulation of saline	74029
solution for the purpose of maintaining an established fluid plan;	74030

(2) The administration of a heparin dose intravenously;

74031

(3) The administration of a heparin dose peripherally via a	74032
fistula needle;	74033

(4) The loading and activation of a constant infusion pump;

74034

(5) The intermittent injection of a dose of medication that	74035
is administered via the hemodialysis blood circuit and through the	74036
patient's venous access.	74037

(F) No person shall employ or direct a licensed practical	74038
nurse to perform an intravenous therapy procedure without first	74039
verifying that the licensed practical nurse is authorized by the	74040
board to perform intravenous therapy.	74041

Sec. 4723.35. (A) As used in this section, "chemical	74042
dependency" means either of the following:	74043

(1) The chronic and habitual use of alcoholic beverages to	74044
the extent that the user no longer can control the use of alcohol	74045
or endangers the user's health, safety, or welfare or that of	74046
others;	74047

(2) The use of a controlled substance as defined in section	74048
3719.01 of the Revised Code, a harmful intoxicant as defined in	74049
section 2925.01 of the Revised Code, or a dangerous drug as	74050
defined in section 4729.01 of the Revised Code, to the extent that	74051
the user becomes physically or psychologically dependent on the	74052
substance, intoxicant, or drug or endangers the user's health,	74053
safety, or welfare or that of others.	74054

(B) The board of nursing may abstain from taking disciplinary	74055
action under section 4723.28 or 4723.86 of the Revised Code	74056
against an individual with a chemical dependency if it finds that	74057
the individual can be treated effectively and there is no	74058
impairment of the individual's ability to practice according to	74059
acceptable and prevailing standards of safe care. The board shall	74060
establish a chemical dependency monitoring program to monitor the	74061
registered nurses, licensed practical nurses, dialysis	74062
technicians, and certified community health workers against whom	74063
the board has abstained from taking action. The board shall	74064
develop the program, select the program's name, and designate a	74065
coordinator to administer the program.	74066

(C) Determinations regarding an individual's eligibility for	74067
admission to, continued participation in, and successful	74068
completion of the monitoring program shall be made by the board's	74069
supervising member for disciplinary matters in accordance with	74070
rules adopted under division (D) of this section.	74071

(D) The board shall adopt rules in accordance with Chapter	74072
119. of the Revised Code that establish the following:	74073

(1) Eligibility requirements for admission to and continued	74074
participation in the monitoring program;	74075

(2) Terms and conditions that must be met to participate in	74076
and successfully complete the program;	74077

(3) Procedures for keeping confidential records regarding	74078
participants;	74079

(4) Any other requirements or procedures necessary to	74080
establish and administer the program.	74081

(E)(1) As a condition of being admitted to the monitoring	74082
program, an individual shall surrender to the program coordinator	74083
the license or certificate that the individual holds. While the	74084
surrender is in effect, the individual is prohibited from engaging	74085
in the practice of nursing, engaging in the provision of dialysis	74086
care, or engaging in the provision of services that were being	74087
provided as a certified community health worker.	74088

If the board's supervising member for disciplinary matters	74089
determines that a participant is capable of resuming practice	74090
according to acceptable and prevailing standards of safe care, the	74091
program coordinator shall return the participant's license or	74092
certificate. If the participant violates the terms and conditions	74093
of resumed practice, the coordinator shall require the participant	74094
to surrender the license or certificate as a condition of	74095
continued participation in the program. The coordinator may	74096
require the surrender only on the approval of the board's	74097
supervising member for disciplinary matters.	74098

The surrender of a license or certificate on admission to the	74099
monitoring program or while participating in the program does not	74100
constitute an action by the board under section 4723.28 or 4723.86	74101
of the Revised Code. The participant may rescind the surrender at	74102
any time and the board may proceed by taking action under section	74103
4723.28 or 4723.86 of the Revised Code.	74104

(2) If the program coordinator determines that a participant	74105
is significantly out of compliance with the terms and conditions	74106
for participation, the coordinator shall notify the board's	74107
supervising member for disciplinary matters and the supervising	74108
member shall determine whether to temporarily suspend the	74109
participant's license or certificate. The board shall notify the	74110
participant of the suspension by certified mail sent to the	74111
participant's last known address and shall refer the matter to the	74112
board for formal action under section 4723.28 or 4723.86 of the	74113
Revised Code.	74114

(F) All of the following apply with respect to the receipt,	74115
release, and maintenance of records and information by the	74116
monitoring program:	74117

(1) The program coordinator shall maintain all program	74118
records in the board's office, and for each participant, shall	74119
retain the records for a period of two years following the	74120
participant's date of successful completion of the program.	74121

(2) When applying to participate in the monitoring program,	74122
the applicant shall sign a waiver permitting the board to receive	74123
and release information necessary to determine whether the	74124
individual is eligible for admission. After being admitted, the	74125
participant shall sign a waiver permitting the board to receive	74126
and release information necessary to determine whether the	74127
individual is eligible for continued participation in the program.	74128
Information that may be necessary for the board's supervising	74129
member for disciplinary matters to determine eligibility for	74130
admission or continued participation in the monitoring program	74131
includes, but is not limited to, information provided to and by	74132
employers, probation officers, law enforcement agencies, peer	74133
assistance programs, health professionals, and treatment	74134
providers. No entity with knowledge that the information has been	74135
provided to the monitoring program shall divulge that knowledge to	74136
any other person.	74137

(3) Except as provided in division (F)(4) of this section,	74138
all records pertaining to an individual's application for or	74139
participation in the monitoring program, including medical	74140
records, treatment records, and mental health records, shall be	74141
confidential. The records are not public records for the purposes	74142
of section 149.43 of the Revised Code and are not subject to	74143
discovery by subpoena or admissible as evidence in any judicial	74144
proceeding.	74145

(4) The board may disclose information regarding a	74146
participant's progress in the program to any person or government	74147
entity that the participant authorizes in writing to be given the	74148
information. In disclosing information under this division, the	74149
board shall not include any information that is protected under	74150
section ~~3793.13~~5119.27 of the Revised Code or any federal statute	74151
or regulation that provides for the confidentiality of medical,	74152
mental health, or substance abuse records.	74153

(G) In the absence of fraud or bad faith, the board as a	74154
whole, its individual members, and its employees and	74155
representatives are not liable for damages in any civil action as	74156
a result of disclosing information in accordance with division	74157
(F)(4) of this section. In the absence of fraud or bad faith, any	74158
person reporting to the program with regard to an individual's	74159
chemical dependence, or the progress or lack of progress of that	74160
individual with regard to treatment, is not liable for damages in	74161
any civil action as a result of the report.	74162

Sec. 4723.481. This section establishes standards and	74163
conditions regarding the authority of a clinical nurse specialist,	74164
certified nurse-midwife, or certified nurse practitioner to	74165
prescribe drugs and therapeutic devices under a certificate to	74166
prescribe issued under section ~~4723.481~~4723.48 of the Revised	74167
Code.	74168

(A) A clinical nurse specialist, certified nurse-midwife, or	74169
certified nurse practitioner shall not prescribe any drug or	74170
therapeutic device that is not included in the types of drugs and	74171
devices listed on the formulary established in rules adopted under	74172
section 4723.50 of the Revised Code.	74173

(B) The prescriptive authority of a clinical nurse	74174
specialist, certified nurse-midwife, or certified nurse	74175
practitioner shall not exceed the prescriptive authority of the	74176
collaborating physician or podiatrist, including the collaborating	74177
physician's authority to treat chronic pain with controlled	74178
substances and products containing tramadol as described in	74179
section 4731.052 of the Revised Code.	74180

(C)(1) Except as provided in division (C)(2) or (3) of this	74181
section, a clinical nurse specialist, certified nurse-midwife, or	74182
certified nurse practitioner may prescribe to a patient a schedule	74183
II controlled substance only if all of the following are the case:	74184

(a) The patient has a terminal condition, as defined in	74185
section 2133.01 of the Revised Code.	74186

(b) The collaborating physician of the clinical nurse	74187
specialist, certified nurse-midwife, or certified nurse	74188
practitioner initially prescribed the substance for the patient.	74189

(c) The prescription is for an amount that does not exceed	74190
the amount necessary for the patient's use in a single,	74191
twenty-four-hour period.	74192

(2) The restrictions on prescriptive authority in division	74193
(C)(1) of this section do not apply if a clinical nurse	74194
specialist, certified nurse-midwife, or certified nurse	74195
practitioner issues the prescription to the patient from any of	74196
the following locations:	74197

(a) A hospital registered under section 3701.07 of the	74198
Revised Code;	74199

(b) An entity owned or controlled, in whole or in part, by a	74200
hospital or by an entity that owns or controls, in whole or in	74201
part, one or more hospitals;	74202

(c) A health care facility operated by the department of	74203
~~mental health~~mental health and addiction services or the	74204
department of developmental disabilities;	74205

(d) A nursing home or residential care facility licensed	74206
under section 3721.02 of the Revised Code or by a political	74207
subdivision certified under section 3721.09 of the Revised Code;	74208

(e) A county home or district home operated under Chapter	74209
5155. of the Revised Code that is certified under the medicare or	74210
medicaid program;	74211

(f) A hospice care program, as defined in section 3712.01 of	74212
the Revised Code;	74213

(g) A community mental health ~~agency~~services provider, as	74214
defined in section 5122.01 of the Revised Code;	74215

(h) An ambulatory surgical facility, as defined in section	74216
3702.30 of the Revised Code;	74217

(i) A freestanding birthing center, as defined in section	74218
~~3702.51~~3702.141 of the Revised Code;	74219

(j) A federally qualified health center, as defined in	74220
section 3701.047 of the Revised Code;	74221

(k) A federally qualified health center look-alike, as	74222
defined in section 3701.047 of the Revised Code;	74223

(l) A health care office or facility operated by the board of	74224
health of a city or general health district or the authority	74225
having the duties of a board of health under section 3709.05 of	74226
the Revised Code;	74227

(m) A site where a medical practice is operated, but only if	74228
the practice is comprised of one or more physicians who also are	74229
owners of the practice; the practice is organized to provide	74230
direct patient care; and the clinical nurse specialist, certified	74231
nurse-midwife, or certified nurse practitioner providing services	74232
at the site has a standard care arrangement and collaborates with	74233
at least one of the physician owners who practices primarily at	74234
that site.	74235

(3) A clinical nurse specialist, certified nurse-midwife, or	74236
certified nurse practitioner shall not issue to a patient a	74237
prescription for a schedule II controlled substance from a	74238
convenience care clinic even if the clinic is owned or operated by	74239
an entity specified in division (C)(2) of this section.	74240

(D) A pharmacist who acts in good faith reliance on a	74241
prescription issued by a clinical nurse specialist, certified	74242
nurse-midwife, or certified nurse practitioner under division	74243
(C)(2) of this section is not liable for or subject to any of the	74244
following for relying on the prescription: damages in any civil	74245
action, prosecution in any criminal proceeding, or professional	74246
disciplinary action by the state board of pharmacy under Chapter	74247
4729. of the Revised Code.	74248

(E) A clinical nurse specialist, certified nurse-midwife, or	74249
certified nurse practitioner may personally furnish to a patient a	74250
sample of any drug or therapeutic device included in the types of	74251
drugs and devices listed on the formulary, except that all of the	74252
following conditions apply:	74253

(1) The amount of the sample furnished shall not exceed a	74254
seventy-two-hour supply, except when the minimum available	74255
quantity of the sample is packaged in an amount that is greater	74256
than a seventy-two-hour supply, in which case the packaged amount	74257
may be furnished.	74258

(2) No charge may be imposed for the sample or for furnishing	74259
it.	74260

(3) Samples of controlled substances may not be personally	74261
furnished.	74262

(F) A clinical nurse specialist, certified nurse-midwife, or	74263
certified nurse practitioner may personally furnish to a patient a	74264
complete or partial supply of a drug or therapeutic device	74265
included in the types of drugs and devices listed on the	74266
formulary, except that all of the following conditions apply:	74267

(1) The clinical nurse specialist, certified nurse-midwife,	74268
or certified nurse practitioner shall personally furnish only	74269
antibiotics, antifungals, scabicides, contraceptives, prenatal	74270
vitamins, antihypertensives, drugs and devices used in the	74271
treatment of diabetes, drugs and devices used in the treatment of	74272
asthma, and drugs used in the treatment of dyslipidemia.	74273

(2) The clinical nurse specialist, certified nurse-midwife,	74274
or certified nurse practitioner shall not furnish the drugs and	74275
devices in locations other than a health department operated by	74276
the board of health of a city or general health district or the	74277
authority having the duties of a board of health under section	74278
3709.05 of the Revised Code, a federally funded comprehensive	74279
primary care clinic, or a nonprofit health care clinic or program.	74280

(3) The clinical nurse specialist, certified nurse-midwife,	74281
or certified nurse practitioner shall comply with all safety	74282
standards for personally furnishing supplies of drugs and devices,	74283
as established in rules adopted under section 4723.50 of the	74284
Revised Code.	74285

Sec. 4725.03. The governor, with the advice and consent of	74286
the senate, shall appoint a state board of optometry consisting of	74287
six nonmedical residents of this state, five of whom shall be	74288
persons actually engaged in the practice of optometry for five	74289
years preceding appointment and one of whom shall be a member of	74290
the public at least ~~sixty~~fifty years of age. Terms of office	74291
shall be five years, commencing on the twenty-sixth day of	74292
September and ending on the twenty-fifth day of September. Each	74293
member shall hold office from the date of appointment until the	74294
end of the term for which appointed. Any member appointed to fill	74295
a vacancy occurring prior to the expiration of the term for which	74296
the member's predecessor was appointed shall hold office for the	74297
remainder of the term. A member shall continue in office	74298
subsequent to the expiration date of the member's term until the	74299
member's successor takes office, or until a period of sixty days	74300
has elapsed, whichever occurs first. No person shall serve as a	74301
member for more than two terms.	74302

Sec. 4725.16. (A) Each certificate of licensure, topical	74303
ocular pharmaceutical agents certificate, and therapeutic	74304
pharmaceutical agents certificate issued by the state board of	74305
optometry shall expire annually on the last day of December, and	74306
may be renewed in accordance with this section and the standard	74307
renewal procedure established under Chapter 4745. of the Revised	74308
Code.	74309

An optometrist seeking to continue to practice optometry	74310
shall file with the board an application for license renewal. The	74311
application shall be in such form and require such pertinent	74312
professional biographical data as the board may require.	74313

(B) All licensed optometrists shall annually complete	74314
continuing education in subjects relating to the practice of	74315
optometry, to the end that the utilization and application of new	74316
techniques, scientific and clinical advances, and the achievements	74317
of research will assure comprehensive care to the public. The	74318
board shall prescribe by rule the continuing optometric education	74319
that licensed optometrists must complete. The length of study	74320
shall be twenty-five clock hours each year, including ten clock	74321
hours of instruction in pharmacology to be completed by all	74322
licensed optometrists.	74323

Unless the continuing education required under this division	74324
is waived or deferred under division (D) of this section, the	74325
continuing education must be completed during the twelve-month	74326
period beginning on the first day of October and ending on the	74327
last day of September. If the board receives notice from a	74328
continuing education program indicating that an optometrist	74329
completed the program after the last day of September, and the	74330
optometrist wants to use the continuing education completed after	74331
that day to renew the license that expires on the last day of	74332
December of that year, the optometrist shall pay the penalty	74333
specified under section 4725.34 of the Revised Code for late	74334
completion of continuing education.	74335

At least once annually, the board shall post on its web site	74336
and shall mail, or send by electronic mail, to each licensed	74337
optometrist a list of courses approved in accordance with	74338
standards prescribed by board rule. Upon the request of a licensed	74339
optometrist, the executive director of the board shall supply a	74340
list of additional courses that the board has approved subsequent	74341
to the most recent web site posting, electronic mail transmission,	74342
or mailing of the list of approved courses.	74343

(C)(1) Annually, not later than the first day of November,	74344
the board shall mail or send by electronic mail a notice regarding	74345
license renewal to each licensed optometrist who may be eligible	74346
for renewal. The notice shall be sent to the optometrist's ~~last~~	74347
most recent electronic mail or mailing address shown in the	74348
board's records. If the board knows that the optometrist has	74349
completed the required continuing optometric education for the	74350
year, the board may include with the notice an application for	74351
license renewal.	74352

(2) Filing a license renewal application with the board shall	74353
serve as notice by the optometrist that the continuing optometric	74354
education requirement has been successfully completed. If the	74355
board finds that an optometrist has not completed the required	74356
continuing optometric education, the board shall disapprove the	74357
optometrist's application. The board's disapproval of renewal is	74358
effective without a hearing, unless a hearing is requested	74359
pursuant to Chapter 119. of the Revised Code.	74360

(3) The board shall refuse to accept an application for	74361
renewal from any applicant whose license is not in good standing	74362
or who is under disciplinary review pursuant to section 4725.19 of	74363
the Revised Code.	74364

(4) Notice of an applicant's failure to qualify for renewal	74365
shall be served upon the applicant by mail. The notice shall be	74366
sent not later than the fifteenth day of November to the	74367
applicant's last address shown in the board's records.	74368

(D) In cases of certified illness or undue hardship, the	74369
board may waive or defer for up to twelve months the requirement	74370
of continuing optometric education, except that in such cases the	74371
board may not waive or defer the continuing education in	74372
pharmacology required to be completed by optometrists who hold	74373
topical ocular pharmaceutical agents certificates or therapeutic	74374
pharmaceutical agents certificates. The board shall waive the	74375
requirement of continuing optometric education for any optometrist	74376
who is serving in the armed forces of the United States or who has	74377
received an initial certificate of licensure during the nine-month	74378
period which ended on the last day of September.	74379

(E) An optometrist whose renewal application has been	74380
approved may renew each certificate held by paying to the	74381
treasurer of state the fees for renewal specified under section	74382
4725.34 of the Revised Code. On payment of all applicable fees,	74383
the board shall issue a renewal of the optometrist's certificate	74384
of licensure, topical ocular pharmaceutical agents certificate,	74385
and therapeutic pharmaceutical agents certificate, as appropriate.	74386

(F) Not later than the fifteenth day of December, the board	74387
shall email or mail a second notice regarding license renewal to	74388
each licensed optometrist who may be eligible for renewal but did	74389
not respond to the notice sent under division (C)(1) of this	74390
section. The notice shall be sent to the optometrist's ~~last~~most	74391
recent email or mailing address shown in the board's records. If	74392
an optometrist fails to file a renewal application after the	74393
second notice is sent, the board shall send a third notice	74394
regarding license renewal prior to any action under division (I)	74395
of this section to classify the optometrist's certificates as	74396
delinquent.	74397

(G) The failure of an optometrist to apply for license	74398
renewal or the failure to pay the applicable annual renewal fees	74399
on or before the date of expiration, shall automatically work a	74400
forfeiture of the optometrist's authority to practice optometry in	74401
this state.	74402

(H) The board shall accept renewal applications and renewal	74403
fees that are submitted from the first day of January to the last	74404
day of April of the year next succeeding the date of expiration.	74405
An individual who submits such a late renewal application or fee	74406
shall pay the late renewal fee specified in section 4725.34 of the	74407
Revised Code.	74408

(I)(1) If the certificates issued by the board to an	74409
individual have expired and the individual has not filed a	74410
complete application during the late renewal period, the	74411
individual's certificates shall be classified in the board's	74412
records as delinquent.	74413

(2) Any optometrist subject to delinquent classification may	74414
submit a written application to the board for reinstatement. For	74415
reinstatement to occur, the applicant must meet all of the	74416
following conditions:	74417

(a) Submit to the board evidence of compliance with board	74418
rules requiring continuing optometric education in a sufficient	74419
number of hours to make up for any delinquent compliance;	74420

(b) Pay the renewal fees for the year in which application	74421
for reinstatement is made and the reinstatement fee specified	74422
under division (A)(8) of section 4725.34 of the Revised Code;	74423

(c) Pass all or part of the licensing examination accepted by	74424
the board under section 4725.11 of the Revised Code as the board	74425
considers appropriate to determine whether the application for	74426
reinstatement should be approved;	74427

(d) If the applicant has been practicing optometry in another	74428
state or country, submit evidence that the applicant's license to	74429
practice optometry in the other state or country is in good	74430
standing.	74431

(3) The board shall approve an application for reinstatement	74432
if the conditions specified in division (I)(2) of this section are	74433
met. An optometrist who receives reinstatement is subject to the	74434
continuing education requirements specified under division (B) of	74435
this section for the year in which reinstatement occurs.	74436

Sec. 4729.51. (A) No person other than a registered	74437
wholesale distributor of dangerous drugs shall possess for sale,	74438
sell, distribute, or deliver, at wholesale, dangerous drugs,	74439
except as follows:	74440

(1) A pharmacist who is a licensed terminal distributor of	74441
dangerous drugs or who is employed by a licensed terminal	74442
distributor of dangerous drugs may make occasional sales of	74443
dangerous drugs at wholesale;	74444

(2) A licensed terminal distributor of dangerous drugs having	74445
more than one establishment or place may transfer or deliver	74446
dangerous drugs from one establishment or place for which a	74447
license has been issued to the terminal distributor to another	74448
establishment or place for which a license has been issued to the	74449
terminal distributor if the license issued for each establishment	74450
or place is in effect at the time of the transfer or delivery.	74451

(B)(1) No registered wholesale distributor of dangerous drugs	74452
shall possess for sale, or sell, at wholesale, dangerous drugs to	74453
any person other than the following:	74454

(a) Except as provided in division (B)(2)(a) of this section,	74455
a licensed health professional authorized to prescribe drugs;	74456

(b) An optometrist licensed under Chapter 4725. of the	74457
Revised Code who holds a topical ocular pharmaceutical agents	74458
certificate;	74459

74460

(d) A manufacturer of dangerous drugs;

74461

(e) Subject to division (B)(3) of this section, a licensed	74462
terminal distributor of dangerous drugs;	74463

(f) Carriers or warehouses for the purpose of carriage or	74464
storage;	74465

(g) Terminal or wholesale distributors of dangerous drugs who	74466
are not engaged in the sale of dangerous drugs within this state;	74467

(h) An individual who holds a current license, certificate,	74468
or registration issued under Title 47XLVII of the Revised Code	74469
and has been certified to conduct diabetes education by a national	74470
certifying body specified in rules adopted by the state board of	74471
pharmacy under section 4729.68 of the Revised Code, but only with	74472
respect to insulin that will be used for the purpose of diabetes	74473
education and only if diabetes education is within the	74474
individual's scope of practice under statutes and rules regulating	74475
the individual's profession;	74476

(i) An individual who holds a valid certificate issued by a	74477
nationally recognized S.C.U.B.A. diving certifying organization	74478
approved by the state board of pharmacy in rule, but only with	74479
respect to medical oxygen that will be used for the purpose of	74480
emergency care or treatment at the scene of a diving emergency;	74481

(j) Except as provided in division (B)(2)(b) of this section,	74482
a business entity that is a corporation formed under division (B)	74483
of section 1701.03 of the Revised Code, a limited liability	74484
company formed under Chapter 1705. of the Revised Code, or a	74485
professional association formed under Chapter 1785. of the Revised	74486
Code if the entity has a sole shareholder who is a licensed health	74487
professional authorized to prescribe drugs and is authorized to	74488
provide the professional services being offered by the entity;	74489

(k) Except as provided in division (B)(2)(c) of this section,	74490
a business entity that is a corporation formed under division (B)	74491
of section 1701.03 of the Revised Code, a limited liability	74492
company formed under Chapter 1705. of the Revised Code, a	74493
partnership or a limited liability partnership formed under	74494
Chapter 1775. of the Revised Code, or a professional association	74495
formed under Chapter 1785. of the Revised Code, if, to be a	74496
shareholder, member, or partner, an individual is required to be	74497
licensed, certified, or otherwise legally authorized under Title	74498
XLVII of the Revised Code to perform the professional service	74499
provided by the entity and each such individual is a licensed	74500
health professional authorized to prescribe drugs.	74501

(2) No registered wholesale distributor of dangerous drugs	74502
shall possess for sale, or sell, at wholesale, dangerous drugs to	74503
any of the following:	74504

(a) A prescriber who is employed by a pain management clinic	74505
that is not licensed as a terminal distributor of dangerous drugs	74506
with a pain management clinic classification issued under section	74507
4729.552 of the Revised Code;	74508

(b) A business entity described in division (B)(1)(j) of this	74509
section that is, or is operating, a pain management clinic without	74510
a license as a terminal distributor of dangerous drugs with a pain	74511
management clinic classification issued under section 4729.552 of	74512
the Revised Code;	74513

(c) A business entity described in division (B)(1)(k) of this	74514
section that is, or is operating, a pain management clinic without	74515
a license as a terminal distributor of dangerous drugs with a pain	74516
management clinic classification issued under section 4729.552 of	74517
the Revised Code.	74518

(3) No registered wholesale distributor of dangerous drugs	74519
shall possess dangerous drugs for sale at wholesale, or sell such	74520
drugs at wholesale, to a licensed terminal distributor of	74521
dangerous drugs, except as follows:	74522

(a) In the case of a terminal distributor with a category I	74523
license, only dangerous drugs described in category I, as defined	74524
in division (A)(1) of section 4729.54 of the Revised Code;	74525

(b) In the case of a terminal distributor with a category II	74526
license, only dangerous drugs described in category I and category	74527
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	74528
the Revised Code;	74529

(c) In the case of a terminal distributor with a category III	74530
license, dangerous drugs described in category I, category II, and	74531
category III, as defined in divisions (A)(1), (2), and (3) of	74532
section 4729.54 of the Revised Code;	74533

(d) In the case of a terminal distributor with a limited	74534
category I, II, or III license, only the dangerous drugs specified	74535
in the certificate furnished by the terminal distributor in	74536
accordance with section 4729.60 of the Revised Code.	74537

(C)(1) Except as provided in division (C)(4) of this section,	74538
no person shall sell, at retail, dangerous drugs.	74539

(2) Except as provided in division (C)(4) of this section, no	74540
person shall possess for sale, at retail, dangerous drugs.	74541

(3) Except as provided in division (C)(4) of this section, no	74542
person shall possess dangerous drugs.	74543

(4) Divisions (C)(1), (2), and (3) of this section do not	74544
apply to a registered wholesale distributor of dangerous drugs, a	74545
licensed terminal distributor of dangerous drugs, or a person who	74546
possesses, or possesses for sale or sells, at retail, a dangerous	74547
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	74548
4729., 4730., 4731., and 4741. of the Revised Code.	74549

Divisions (C)(1), (2), and (3) of this section do not apply	74550
to an individual who holds a current license, certificate, or	74551
registration issued under Title XLVII of the Revised Code and has	74552
been certified to conduct diabetes education by a national	74553
certifying body specified in rules adopted by the state board of	74554
pharmacy under section 4729.68 of the Revised Code, but only to	74555
the extent that the individual possesses insulin or personally	74556
supplies insulin solely for the purpose of diabetes education and	74557
only if diabetes education is within the individual's scope of	74558
practice under statutes and rules regulating the individual's	74559
profession.	74560

Divisions (C)(1), (2), and (3) of this section do not apply	74561
to an individual who holds a valid certificate issued by a	74562
nationally recognized S.C.U.B.A. diving certifying organization	74563
approved by the state board of pharmacy in rule, but only to the	74564
extent that the individual possesses medical oxygen or personally	74565
supplies medical oxygen for the purpose of emergency care or	74566
treatment at the scene of a diving emergency.	74567

(D) No licensed terminal distributor of dangerous drugs shall	74568
purchase for the purpose of resale dangerous drugs from any person	74569
other than a registered wholesale distributor of dangerous drugs,	74570
except as follows:	74571

(1) A licensed terminal distributor of dangerous drugs may	74572
make occasional purchases of dangerous drugs for resale from a	74573
pharmacist who is a licensed terminal distributor of dangerous	74574
drugs or who is employed by a licensed terminal distributor of	74575
dangerous drugs;	74576

(2) A licensed terminal distributor of dangerous drugs having	74577
more than one establishment or place may transfer or receive	74578
dangerous drugs from one establishment or place for which a	74579
license has been issued to the terminal distributor to another	74580
establishment or place for which a license has been issued to the	74581
terminal distributor if the license issued for each establishment	74582
or place is in effect at the time of the transfer or receipt.	74583

(E) A pharmacy that is a licensed terminal distributor of	74584
dangerous drugs may operate a remote dispensing system in	74585
accordance with section 4729.542 of the Revised Code.	74586

(F) No licensed terminal distributor of dangerous drugs shall	74587
engage in the sale or other distribution of dangerous drugs at	74588
retail or maintain possession, custody, or control of dangerous	74589
drugs for any purpose other than the distributor's personal use or	74590
consumption, at any establishment or place other than that or	74591
those described in the license issued by the state board of	74592
pharmacy to such terminal distributor.	74593

~~(F)~~(G) Nothing in this section shall be construed to	74594
interfere with the performance of official duties by any law	74595
enforcement official authorized by municipal, county, state, or	74596
federal law to collect samples of any drug, regardless of its	74597
nature or in whose possession it may be.	74598

Sec. 4729.54. (A) As used in this section and section	74599
4729.541 of the Revised Code:	74600

(1) "Category I" means single-dose injections of intravenous	74601
fluids, including saline, Ringer's lactate, five per cent dextrose	74602
and distilled water, and other intravenous fluids or parenteral	74603
solutions included in this category by rule of the state board of	74604
pharmacy, that have a volume of one hundred milliliters or more	74605
and that contain no added substances, or single-dose injections of	74606
epinephrine to be administered pursuant to sections 4765.38 and	74607
4765.39 of the Revised Code.	74608

(2) "Category II" means any dangerous drug that is not	74609
included in category I or III.	74610

(3) "Category III" means any controlled substance that is	74611
contained in schedule I, II, III, IV, or V.	74612

(4) "Emergency medical service organization" has the same	74613
meaning as in section 4765.01 of the Revised Code.	74614

(5) "Person" includes an emergency medical service	74615
organization.	74616

(6) "Schedule I, schedule II, schedule III, schedule IV, and	74617
schedule V" mean controlled substance schedules I, II, III, IV,	74618
and V, respectively, as established pursuant to section 3719.41 of	74619
the Revised Code and as amended.	74620

(B)(1) A person who desires to be licensed as a terminal	74621
distributor of dangerous drugs shall file with the executive	74622
director of the state board of pharmacy a verified application.	74623
After it is filed, the application may not be withdrawn without	74624
approval of the board.	74625

(2) An application shall contain all the following that apply	74626
in the applicant's case:	74627

(a) Information that the board requires relative to the	74628
qualifications of a terminal distributor of dangerous drugs set	74629
forth in section 4729.55 of the Revised Code;	74630

(b) A statement that the person wishes to be licensed as a	74631
category I, category II, category III, limited category I, limited	74632
category II, or limited category III terminal distributor of	74633
dangerous drugs;	74634

(c) If the person wishes to be licensed as a limited category	74635
I, limited category II, or limited category III terminal	74636
distributor of dangerous drugs, a notarized list of the dangerous	74637
drugs that the person wishes to possess, have custody or control	74638
of, and distribute, which list shall also specify the purpose for	74639
which those drugs will be used and their source;	74640

(d) If the person is an emergency medical service	74641
organization, the information that is specified in division (C)(1)	74642
of this section;	74643

(e) Except for an emergency medical service organization, the	74644
identity of the one establishment or place at which the person	74645
intends to engage in the sale or other distribution of dangerous	74646
drugs at retail, and maintain possession, custody, or control of	74647
dangerous drugs for purposes other than the person's own use or	74648
consumption and any place at which the person intends to operate a	74649
remote dispensing system in accordance with section 4729.542 of	74650
the Revised Code;	74651

(f) If the application pertains to a pain management clinic,	74652
information that demonstrates, to the satisfaction of the board,	74653
compliance with division (A) of section 4729.552 of the Revised	74654
Code.	74655

(C)(1) An emergency medical service organization that wishes	74656
to be licensed as a terminal distributor of dangerous drugs shall	74657
list in its application for licensure the following additional	74658
information:	74659

(a) The units under its control that the organization	74660
determines will possess dangerous drugs for the purpose of	74661
administering emergency medical services in accordance with	74662
Chapter 4765. of the Revised Code;	74663

(b) With respect to each such unit, whether the dangerous	74664
drugs that the organization determines the unit will possess are	74665
in category I, II, or III.	74666

(2) An emergency medical service organization that is	74667
licensed as a terminal distributor of dangerous drugs shall file a	74668
new application for such licensure if there is any change in the	74669
number, or location of, any of its units or any change in the	74670
category of the dangerous drugs that any unit will possess.	74671

(3) A unit listed in an application for licensure pursuant to	74672
division (C)(1) of this section may obtain the dangerous drugs it	74673
is authorized to possess from its emergency medical service	74674
organization or, on a replacement basis, from a hospital pharmacy.	74675
If units will obtain dangerous drugs from a hospital pharmacy, the	74676
organization shall file, and maintain in current form, the	74677
following items with the pharmacist who is responsible for the	74678
hospital's terminal distributor of dangerous drugs license:	74679

(a) A copy of its standing orders or protocol;

74680

(b) A list of the personnel employed or used by the	74681
organization to provide emergency medical services in accordance	74682
with Chapter 4765. of the Revised Code, who are authorized to	74683
possess the drugs, which list also shall indicate the personnel	74684
who are authorized to administer the drugs.	74685

(D) Each emergency medical service organization that applies	74686
for a terminal distributor of dangerous drugs license shall submit	74687
with its application the following:	74688

(1) A notarized copy of its standing orders or protocol,	74689
which orders or protocol shall be signed by a physician and	74690
specify the dangerous drugs that its units may carry, expressed in	74691
standard dose units;	74692

(2) A list of the personnel employed or used by the	74693
organization to provide emergency medical services in accordance	74694
with Chapter 4765. of the Revised Code.	74695

An emergency medical service organization that is licensed as	74696
a terminal distributor shall notify the board immediately of any	74697
changes in its standing orders or protocol.	74698

(E) There shall be six categories of terminal distributor of	74699
dangerous drugs licenses, which categories shall be as follows:	74700

(1) Category I license. A person who obtains this license may	74701
possess, have custody or control of, and distribute only the	74702
dangerous drugs described in category I.	74703

(2) Limited category I license. A person who obtains this	74704
license may possess, have custody or control of, and distribute	74705
only the dangerous drugs described in category I that were listed	74706
in the application for licensure.	74707

(3) Category II license. A person who obtains this license	74708
may possess, have custody or control of, and distribute only the	74709
dangerous drugs described in category I and category II.	74710

(4) Limited category II license. A person who obtains this	74711
license may possess, have custody or control of, and distribute	74712
only the dangerous drugs described in category I or category II	74713
that were listed in the application for licensure.	74714

(5) Category III license, which may include a pain management	74715
clinic classification issued under section 4729.552 of the Revised	74716
Code. A person who obtains this license may possess, have custody	74717
or control of, and distribute the dangerous drugs described in	74718
category I, category II, and category III. If the license includes	74719
a pain management clinic classification, the person may operate a	74720
pain management clinic.	74721

(6) Limited category III license. A person who obtains this	74722
license may possess, have custody or control of, and distribute	74723
only the dangerous drugs described in category I, category II, or	74724
category III that were listed in the application for licensure.	74725

(F) Except for an application made on behalf of an animal	74726
shelter, if an applicant for licensure as a limited category I,	74727
II, or III terminal distributor of dangerous drugs intends to	74728
administer dangerous drugs to a person or animal, the applicant	74729
shall submit, with the application, a notarized copy of its	74730
protocol or standing orders, which protocol or orders shall be	74731
signed by a licensed health professional authorized to prescribe	74732
drugs, specify the dangerous drugs to be administered, and list	74733
personnel who are authorized to administer the dangerous drugs in	74734
accordance with federal law or the law of this state. An	74735
application made on behalf of an animal shelter shall include a	74736
notarized list of the dangerous drugs to be administered to	74737
animals and the personnel who are authorized to administer the	74738
drugs to animals in accordance with section 4729.532 of the	74739
Revised Code. After obtaining a terminal distributor license, a	74740
licensee shall notify the board immediately of any changes in its	74741
protocol or standing orders, or in such personnel.	74742

(G)(1) Except as provided in division (G)(2) of this section,	74743
each applicant for licensure as a terminal distributor of	74744
dangerous drugs shall submit, with the application, a license fee	74745
determined as follows:	74746

(a) For a category I or limited category I license,	74747
forty-five dollars;	74748

(b) For a category II or limited category II license, one	74749
hundred twelve dollars and fifty cents;	74750

(c) For a category III license, including a license with a	74751
pain management clinic classification issued under section	74752
4729.552 of the Revised Code, or a limited category III license,	74753
one hundred fifty dollars.	74754

(2) For a professional association, corporation, partnership,	74755
or limited liability company organized for the purpose of	74756
practicing veterinary medicine, the fee shall be forty dollars.	74757

(3) Fees assessed under divisions (G)(1) and (2) of this	74758
section shall not be returned if the applicant fails to qualify	74759
for registration.	74760

(H)(1) The board shall issue a terminal distributor of	74761
dangerous drugs license to each person who submits an application	74762
for such licensure in accordance with this section, pays the	74763
required license fee, is determined by the board to meet the	74764
requirements set forth in section 4729.55 of the Revised Code, and	74765
satisfies any other applicable requirements of this section.	74766

(2) The license of a person other than an emergency medical	74767
service organization shall describe the one establishment or place	74768
at which the licensee may engage in the sale or other distribution	74769
of dangerous drugs at retail and maintain possession, custody, or	74770
control of dangerous drugs for purposes other than the licensee's	74771
own use or consumption and any place at which the person intends	74772
to operate a remote dispensing system in accordance with section	74773
4729.542 of the Revised Code. The one establishment or place and	74774
any place at which the person intends to operate a remote	74775
dispensing system shall be ~~that which is~~those described in the	74776
application for licensure.	74777

No such license shall authorize or permit the terminal	74778
distributor of dangerous drugs named in it to engage in the sale	74779
or other distribution of dangerous drugs at retail or to maintain	74780
possession, custody, or control of dangerous drugs for any purpose	74781
other than the distributor's own use or consumption, at any	74782
establishment or place other than ~~that~~those described in the	74783
license, except that an agent or employee of an animal shelter may	74784
possess and use dangerous drugs in the course of business as	74785
provided in division (D) of section 4729.532 of the Revised Code.	74786

(3) The license of an emergency medical service organization	74787
shall cover and describe all the units of the organization listed	74788
in its application for licensure.	74789

(4) The license of every terminal distributor of dangerous	74790
drugs shall indicate, on its face, the category of licensure. If	74791
the license is a limited category I, II, or III license, it shall	74792
specify, and shall authorize the licensee to possess, have custody	74793
or control of, and distribute only, the dangerous drugs that were	74794
listed in the application for licensure.	74795

(I) All licenses issued pursuant to this section shall be	74796
effective for a period of twelve months from the first day of	74797
January of each year. A license shall be renewed by the board for	74798
a like period, annually, according to the provisions of this	74799
section, and the standard renewal procedure of Chapter 4745. of	74800
the Revised Code. A person who desires to renew a license shall	74801
submit an application for renewal and pay the required fee on or	74802
before the thirty-first day of December each year. The fee	74803
required for the renewal of a license shall be the same as the fee	74804
paid for the license being renewed, and shall accompany the	74805
application for renewal.	74806

A license that has not been renewed during December in any	74807
year and by the first day of February of the following year may be	74808
reinstated only upon payment of the required renewal fee and a	74809
penalty fee of fifty-five dollars.	74810

(J)(1) No emergency medical service organization that is	74811
licensed as a terminal distributor of dangerous drugs shall fail	74812
to comply with division (C)(2) or (3) of this section.	74813

(2) No emergency medical service organization that is	74814
licensed as a terminal distributor of dangerous drugs shall fail	74815
to comply with division (D) of this section.	74816

(3) No licensed terminal distributor of dangerous drugs shall	74817
possess, have custody or control of, or distribute dangerous drugs	74818
that the terminal distributor is not entitled to possess, have	74819
custody or control of, or distribute by virtue of its category of	74820
licensure.	74821

(4) No licensee that is required by division (F) of this	74822
section to notify the board of changes in its protocol or standing	74823
orders, or in personnel, shall fail to comply with that division.	74824

Sec. 4729.542. (A) As used in this section, "remote	74825
dispensing system" means a mechanical system for dispensing drugs	74826
that is installed in a facility and communicates electronically	74827
with a pharmacy.	74828

(B) A pharmacy licensed under this chapter as a terminal	74829
distributor of dangerous drugs may use a remote dispensing system	74830
to assist in the distribution of dangerous drugs at a nursing home	74831
or residential care facility licensed under Chapter 3721. of the	74832
Revised Code if all of the following requirements are met:	74833

(1) The system has a documented and ongoing quality assurance	74834
program that monitors total system performance and requires one	74835
hundred per cent accuracy in drugs dispensed and their strength.	74836

(2) The system has security adequate to prevent unauthorized	74837
access to dangerous drugs.	74838

(3) Records kept by the system comply with requirements of	74839
the state board of pharmacy.	74840

(C) A pharmacist licensed under this chapter is not required	74841
to maintain supervision and control of a remote dispensing system	74842
or be physically present at the facility where the system is used	74843
to dispense drugs.	74844

(D) As part of the quality assurance program required by	74845
division (B)(1) of this section, the facility where the remote	74846
dispensing system is located shall complete periodic audits of	74847
controlled substances dispensed through the system.	74848

Sec. 4729.69. (A) The state board of pharmacy, in	74849
collaboration with the director of ~~alcohol and drug addiction~~	74850
~~services~~mental health and addiction services and attorney	74851
general, shall establish and administer a drug take-back program	74852
under which drugs are collected from the community for the purpose	74853
of destruction or disposal of the drugs.	74854

(B) The program shall be established and administered in such	74855
a manner that it does both of the following:	74856

(1) Complies with any state or federal laws regarding the	74857
collection, destruction, or disposal of drugs;	74858

(2) Maintains the confidentiality of individuals who submit	74859
or otherwise provide drugs under the program.	74860

(C) In consultation with the director of ~~alcohol and drug~~	74861
~~addiction services~~mental health and addiction services and	74862
attorney general, the board shall adopt rules governing the	74863
program. The rules shall be adopted in accordance with Chapter	74864
119. of the Revised Code. In adopting the rules, the board shall	74865
specify all of the following:	74866

(1) The entities that may participate;

74867

(2) Guidelines and responsibilities for accepting drugs by	74868
participating entities;	74869

(3) Drugs that may be collected;

74870

(4) Record-keeping requirements;

74871

(5) Proper methods to destroy unused drugs;

74872

(6) Privacy protocols and security standards;

74873

(7) Drug transportation procedures;

74874

(8) The schedule, duration, and frequency of the collections	74875
of drugs, except that the first collection shall occur not later	74876
than one year after ~~the effective date of this section~~May 20,	74877
2011;	74878

(9) Any other standards and procedures the board considers	74879
necessary for purposes of governing the program.	74880

(D) In accordance with state and federal law, the board may	74881
adopt rules to allow an entity participating in the program to	74882
return any unused drugs to the pharmacy that originally dispensed	74883
the drug. The rules shall include procedures to be followed to	74884
maintain the confidentiality of the person for whom the drug was	74885
dispensed.	74886

(E) Rules adopted under this section may not do any of the	74887
following:	74888

(1) Require any entity to establish, fund, or operate a drug	74889
take-back program;	74890

(2) Establish any new licensing requirement or fee to	74891
participate in the program;	74892

(3) Require any entity to compile data on drugs collected.

74893

(F) The board may compile data on the amount and type of	74894
drugs collected under the program. For purposes of this division,	74895
the board may cooperate with a public or private entity in	74896
obtaining assistance in the compilation of data. An entity	74897
providing the assistance shall not be reimbursed under the program	74898
for any costs incurred in providing the assistance.	74899

(G) If the board compiles data under division (F) of this	74900
section, the board shall submit a report to the governor and, in	74901
accordance with section 101.68 of the Revised Code, the general	74902
assembly. The report, to the extent possible, shall include the	74903
following information:	74904

(1) Total weight of drugs collected, both with and without	74905
packaging;	74906

(2) The weight of controlled substances;

74907

(3) The amount of all of the following as a per cent of total	74908
drugs collected:	74909

(a) Controlled substances;

74910

(b) Brand name drugs;

74911

74912

(d) Prescription drugs;

74913

(e) Non-prescription drugs.

74914

(4) The amount of vitamins, herbal supplements, and personal	74915
care products collected;	74916

(5) If provided by the person who submitted or otherwise	74917
donated drugs to the program, the reasons why the drugs were	74918
returned or unused.	74919

(H) No entity is required to participate in a drug take-back	74920
program established under this section, and no entity shall be	74921
subject to civil liability or professional disciplinary action for	74922
declining to participate.	74923

(I) The board may accept grants, gifts, or donations for	74924
purposes of the program. Money received under this division shall	74925
be deposited into the drug take-back program fund established	74926
under section 109.90 of the Revised Code.	74927

Sec. 4729.80. (A) If the state board of pharmacy establishes	74928
and maintains a drug database pursuant to section 4729.75 of the	74929
Revised Code, the board is authorized or required to provide	74930
information from the database in accordance with the following:	74931

(1) On receipt of a request from a designated representative	74932
of a government entity responsible for the licensure, regulation,	74933
or discipline of health care professionals with authority to	74934
prescribe, administer, or dispense drugs, the board may provide to	74935
the representative information from the database relating to the	74936
professional who is the subject of an active investigation being	74937
conducted by the government entity.	74938

(2) On receipt of a request from a federal officer, or a	74939
state or local officer of this or any other state, whose duties	74940
include enforcing laws relating to drugs, the board shall provide	74941
to the officer information from the database relating to the	74942
person who is the subject of an active investigation of a drug	74943
abuse offense, as defined in section 2925.01 of the Revised Code,	74944
being conducted by the officer's employing government entity.	74945

(3) Pursuant to a subpoena issued by a grand jury, the board	74946
shall provide to the grand jury information from the database	74947
relating to the person who is the subject of an investigation	74948
being conducted by the grand jury.	74949

(4) Pursuant to a subpoena, search warrant, or court order in	74950
connection with the investigation or prosecution of a possible or	74951
alleged criminal offense, the board shall provide information from	74952
the database as necessary to comply with the subpoena, search	74953
warrant, or court order.	74954

(5) On receipt of a request from a prescriber or the	74955
prescriber's delegate approved by the board, the board may provide	74956
to the prescriber information from the database relating to a	74957
patient who is either of the following, if the prescriber	74958
certifies in a form specified by the board that it is for the	74959
purpose of providing medical treatment to the patient who is the	74960
subject of the request;	74961

(a) A current patient of the prescriber;

74962

(b) A potential patient of the prescriber based on a referral	74963
of the patient to the prescriber.	74964

(6) On receipt of a request from a pharmacist or the	74965
pharmacist's delegate approved by the board, the board may provide	74966
to the pharmacist information from the database relating to a	74967
current patient of the pharmacist, if the pharmacist certifies in	74968
a form specified by the board that it is for the purpose of the	74969
pharmacist's practice of pharmacy involving the patient who is the	74970
subject of the request.	74971

(7) On receipt of a request from an individual seeking the	74972
individual's own database information in accordance with the	74973
procedure established in rules adopted under section 4729.84 of	74974
the Revised Code, the board may provide to the individual the	74975
individual's own database information.	74976

(8) On receipt of a request from the medical director of a	74977
managed care organization that has entered into a data security	74978
agreement with the board required by section ~~5111.1710~~5167.14 of	74979
the Revised Code, the board ~~may~~shall provide to the medical	74980
director information from the database relating to a medicaid	74981
recipient enrolled in the managed care organization, including	74982
information in the database related to prescriptions for the	74983
recipient that were not covered or reimbursed under a program	74984
administered by the department of medicaid.	74985

(9) On receipt of a request from the medicaid director ~~of job~~	74986
~~and family services~~, the board ~~may~~shall provide to the director	74987
information from the database relating to a recipient of a program	74988
administered by the department of ~~job and family services~~	74989
medicaid, including information in the database related to	74990
prescriptions for the recipient that were not covered or paid by a	74991
program administered by the department.	74992

(10) On receipt of a request from the administrator of	74993
workers' compensation, the board may provide to the administrator	74994
information from the database relating to a claimant under Chapter	74995
4121., 4123., 4127., or 4131. of the Revised Code.	74996

(11) On receipt of a request from a requestor described in	74997
division (A)(1), (2), (5), or (6) of this section who is from or	74998
participating with another state's prescription monitoring	74999
program, the board may provide to the requestor information from	75000
the database, but only if there is a written agreement under which	75001
the information is to be used and disseminated according to the	75002
laws of this state.	75003

(B) The state board of pharmacy shall maintain a record of	75004
each individual or entity that requests information from the	75005
database pursuant to this section. In accordance with rules	75006
adopted under section 4729.84 of the Revised Code, the board may	75007
use the records to document and report statistics and law	75008
enforcement outcomes.	75009

The board may provide records of an individual's requests for	75010
database information to the following:	75011

(1) A designated representative of a government entity that	75012
is responsible for the licensure, regulation, or discipline of	75013
health care professionals with authority to prescribe, administer,	75014
or dispense drugs who is involved in an active investigation being	75015
conducted by the government entity of the individual who submitted	75016
the requests for database information;	75017

(2) A federal officer, or a state or local officer of this or	75018
any other state, whose duties include enforcing laws relating to	75019
drugs and who is involved in an active investigation being	75020
conducted by the officer's employing government entity of the	75021
individual who submitted the requests for database information.	75022

(C) Information contained in the database and any information	75023
obtained from it is not a public record. Information contained in	75024
the records of requests for information from the database is not a	75025
public record. Information that does not identify a person may be	75026
released in summary, statistical, or aggregate form.	75027

(D) A pharmacist or prescriber shall not be held liable in	75028
damages to any person in any civil action for injury, death, or	75029
loss to person or property on the basis that the pharmacist or	75030
prescriber did or did not seek or obtain information from the	75031
database.	75032

Sec. 4729.81. If the state board of pharmacy establishes and	75033
maintains a drug database pursuant to section 4729.75 of the	75034
Revised Code, the board shall review the information in the drug	75035
database. If the board determines from the review that a violation	75036
of law may have occurred, it shall notify the appropriate law	75037
enforcement agency or a government entity responsible for the	75038
licensure, regulation, or discipline of licensed health	75039
professionals authorized to prescribe drugs and supply information	75040
required by the agency or entity for an investigation of the	75041
violation of law that may have occurred. The board also shall	75042
notify the medicaid director if the board determines that the	75043
violation may have been committed by a provider of services under	75044
a program administered by the department of medicaid.	75045

Sec. 4729.99. (A) Whoever violates section 4729.16, division	75046
(A) or (B) of section 4729.38, or section 4729.57 of the Revised	75047
Code is guilty of a minor misdemeanor. Each day's violation	75048
constitutes a separate offense.	75049

(B) Whoever violates section 4729.27, 4729.28, or 4729.36 of	75050
the Revised Code is guilty of a misdemeanor of the third degree.	75051
Each day's violation constitutes a separate offense. If the	75052
offender previously has been convicted of or pleaded guilty to a	75053
violation of this chapter, that person is guilty of a misdemeanor	75054
of the second degree.	75055

(C) Whoever violates section 4729.32, 4729.33, or 4729.34 of	75056
the Revised Code is guilty of a misdemeanor.	75057

(D) Whoever violates division (A), (B), (D), or ~~(E)~~(F) of	75058
section 4729.51 of the Revised Code is guilty of a misdemeanor of	75059
the first degree.	75060

(E)(1) Whoever violates section 4729.37, division (C)(2) of	75061
section 4729.51, division (J) of section 4729.54, or section	75062
4729.61 of the Revised Code is guilty of a felony of the fifth	75063
degree. If the offender previously has been convicted of or	75064
pleaded guilty to a violation of this chapter or a violation of	75065
Chapter 2925. or 3719. of the Revised Code, that person is guilty	75066
of a felony of the fourth degree.	75067

(2) If an offender is convicted of or pleads guilty to a	75068
violation of section 4729.37, division (C) of section 4729.51,	75069
division (J) of section 4729.54, or section 4729.61 of the Revised	75070
Code, if the violation involves the sale, offer to sell, or	75071
possession of a schedule I or II controlled substance, with the	75072
exception of marihuana, and if the court imposing sentence upon	75073
the offender finds that the offender as a result of the violation	75074
is a major drug offender, as defined in section 2929.01 of the	75075
Revised Code, and is guilty of a specification of the type	75076
described in section 2941.1410 of the Revised Code, the court, in	75077
lieu of the prison term authorized or required by division (E)(1)	75078
of this section and sections 2929.13 and 2929.14 of the Revised	75079
Code and in addition to any other sanction imposed for the offense	75080
under sections 2929.11 to 2929.18 of the Revised Code, shall	75081
impose upon the offender, in accordance with division (B)(3) of	75082
section 2929.14 of the Revised Code, the mandatory prison term	75083
specified in that division.	75084

(3) Notwithstanding any contrary provision of section 3719.21	75085
of the Revised Code, the clerk of court shall pay any fine imposed	75086
for a violation of section 4729.37, division (C) of section	75087
4729.51, division (J) of section 4729.54, or section 4729.61 of	75088
the Revised Code pursuant to division (A) of section 2929.18 of	75089
the Revised Code in accordance with and subject to the	75090
requirements of division (F) of section 2925.03 of the Revised	75091
Code. The agency that receives the fine shall use the fine as	75092
specified in division (F) of section 2925.03 of the Revised Code.	75093

(F) Whoever violates section 4729.531 of the Revised Code or	75094
any rule adopted thereunder or section 4729.532 of the Revised	75095
Code is guilty of a misdemeanor of the first degree.	75096

(G) Whoever violates division (C)(1) of section 4729.51 of	75097
the Revised Code is guilty of a felony of the fourth degree. If	75098
the offender has previously been convicted of or pleaded guilty to	75099
a violation of this chapter, or of a violation of Chapter 2925. or	75100
3719. of the Revised Code, that person is guilty of a felony of	75101
the third degree.	75102

(H) Whoever violates division (C)(3) of section 4729.51 of	75103
the Revised Code is guilty of a misdemeanor of the first degree.	75104
If the offender has previously been convicted of or pleaded guilty	75105
to a violation of this chapter, or of a violation of Chapter 2925.	75106
or 3719. of the Revised Code, that person is guilty of a felony of	75107
the fifth degree.	75108

(I)(1) Whoever violates division (B) of section 4729.42 of	75109
the Revised Code is guilty of unauthorized pharmacy-related drug	75110
conduct. Except as otherwise provided in this section,	75111
unauthorized pharmacy-related drug conduct is a misdemeanor of the	75112
second degree. If the offender previously has been convicted of or	75113
pleaded guilty to a violation of division (B), (C), (D), or (E) of	75114
that section, unauthorized pharmacy-related drug conduct is a	75115
misdemeanor of the first degree on a second offense and a felony	75116
of the fifth degree on a third or subsequent offense.	75117

(2) Whoever violates division (C) or (D) of section 4729.42	75118
of the Revised Code is guilty of permitting unauthorized	75119
pharmacy-related drug conduct. Except as otherwise provided in	75120
this section, permitting unauthorized pharmacy-related drug	75121
conduct is a misdemeanor of the second degree. If the offender	75122
previously has been convicted of or pleaded guilty to a violation	75123
of division (B), (C), (D), or (E) of that section, permitting	75124
unauthorized pharmacy-related drug conduct is a misdemeanor of the	75125
first degree on a second offense and a felony of the fifth degree	75126
on a third or subsequent offense.	75127

(3) Whoever violates division (E) of section 4729.42 of the	75128
Revised Code is guilty of the offense of falsification under	75129
section 2921.13 of the Revised Code. In addition to any other	75130
sanction imposed for the violation, the offender is forever	75131
disqualified from engaging in any activity specified in division	75132
(B)(1), (2), or (3) of section 4729.42 of the Revised Code and	75133
from performing any function as a health care professional or	75134
health care worker. As used in this division, "health care	75135
professional" and "health care worker" have the same meanings as	75136
in section 2305.234 of the Revised Code.	75137

(4) Notwithstanding any contrary provision of section 3719.21	75138
of the Revised Code or any other provision of law that governs the	75139
distribution of fines, the clerk of the court shall pay any fine	75140
imposed pursuant to division (I)(1), (2), or (3) of this section	75141
to the state board of pharmacy if the board has adopted a written	75142
internal control policy under division (F)(2) of section 2925.03	75143
of the Revised Code that addresses fine moneys that it receives	75144
under Chapter 2925. of the Revised Code and if the policy also	75145
addresses fine moneys paid under this division. The state board of	75146
pharmacy shall use the fines so paid in accordance with the	75147
written internal control policy to subsidize the board's law	75148
enforcement efforts that pertain to drug offenses.	75149

(J)(1) Whoever violates division (A)(1) of section 4729.86 of	75150
the Revised Code is guilty of a misdemeanor of the third degree.	75151
If the offender has previously been convicted of or pleaded guilty	75152
to a violation of division (A)(1), (2), or (3) of section 4729.86	75153
of the Revised Code, that person is guilty of a misdemeanor of the	75154
first degree.	75155

(2) Whoever violates division (A)(2) of section 4729.86 of	75156
the Revised Code is guilty of a misdemeanor of the first degree.	75157
If the offender has previously been convicted of or pleaded guilty	75158
to a violation of division (A)(1), (2), or (3) of section 4729.86	75159
of the Revised Code, that person is guilty of a felony of the	75160
fifth degree.	75161

(3) Whoever violates division (A)(3) of section 4729.86 of	75162
the Revised Code is guilty of a felony of the fifth degree. If the	75163
offender has previously been convicted of or pleaded guilty to a	75164
violation of division (A)(1), (2), or (3) of section 4729.86 of	75165
the Revised Code, that person is guilty of a felony of the fourth	75166
degree.	75167

(K) A person who violates division (C) of section 4729.552 of	75168
the Revised Code is guilty of a misdemeanor of the first degree.	75169
If the person previously has been convicted of or pleaded guilty	75170
to a violation of division (C) of section 4729.552 of the Revised	75171
Code, that person is guilty of a felony of the fifth degree.	75172

Sec. 4730.411. (A) Except as provided in division (B) or (C)	75173
of this section, a physician assistant may prescribe to a patient	75174
a schedule II controlled substance only if all of the following	75175
are the case:	75176

(1) The patient is in a terminal condition, as defined in	75177
section 2133.01 of the Revised Code.	75178

(2) The physician assistant's supervising physician initially	75179
prescribed the substance for the patient.	75180

(3) The prescription is for an amount that does not exceed	75181
the amount necessary for the patient's use in a single,	75182
twenty-four-hour period.	75183

(B) The restrictions on prescriptive authority in division	75184
(A) of this section do not apply if a physician assistant issues	75185
the prescription to the patient from any of the following	75186
locations:	75187

(1) A hospital registered under section 3701.07 of the	75188
Revised Code;	75189

(2) An entity owned or controlled, in whole or in part, by a	75190
hospital or by an entity that owns or controls, in whole or in	75191
part, one or more hospitals;	75192

(3) A health care facility operated by the department of	75193
mental health or the department of developmental disabilities;	75194

(4) A nursing home or residential care facility licensed	75195
under section 3721.02 of the Revised Code or by a political	75196
subdivision certified under section 3721.09 of the Revised Code;	75197

(5) A county home or district home operated under Chapter	75198
5155. of the Revised Code that is certified under the medicare or	75199
medicaid program;	75200

(6) A hospice care program, as defined in section 3712.01 of	75201
the Revised Code;	75202

(7) A community mental health ~~agency~~services provider, as	75203
defined in section 5122.01 of the Revised Code;	75204

(8) An ambulatory surgical facility, as defined in section	75205
3702.30 of the Revised Code;	75206

(9) A freestanding birthing center, as defined in section	75207
3702.51 of the Revised Code;	75208

(10) A federally qualified health center, as defined in	75209
section 3701.047 of the Revised Code;	75210

(11) A federally qualified health center look-alike, as	75211
defined in section 3701.047 of the Revised Code;	75212

(12) A health care office or facility operated by the board	75213
of health of a city or general health district or the authority	75214
having the duties of a board of health under section 3709.05 of	75215
the Revised Code;	75216

(13) A site where a medical practice is operated, but only if	75217
the practice is comprised of one or more physicians who also are	75218
owners of the practice; the practice is organized to provide	75219
direct patient care; and the physician assistant has entered into	75220
a supervisory agreement with at least one of the physician owners	75221
who practices primarily at that site.	75222

(C) A physician assistant shall not issue to a patient a	75223
prescription for a schedule II controlled substance from a	75224
convenience care clinic even if the convenience care clinic is	75225
owned or operated by an entity specified in division (B) of this	75226
section.	75227

(D) A pharmacist who acts in good faith reliance on a	75228
prescription issued by a physician assistant under division (B) of	75229
this section is not liable for or subject to any of the following	75230
for relying on the prescription: damages in any civil action,	75231
prosecution in any criminal proceeding, or professional	75232
disciplinary action by the state board of pharmacy under Chapter	75233
4729. of the Revised Code.	75234

Sec. 4731.151. (A) Naprapaths who received a certificate to	75235
practice from the board prior to March 2, 1992, may continue to	75236
practice naprapathy, as defined in rules adopted by the board.	75237
Such naprapaths shall practice in accordance with rules adopted by	75238
the board.	75239

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

75240

(a) "Mechanotherapy" means all of the following:

75241

(i) Examining patients by verbal inquiry;

75242

(ii) Examination of the musculoskeletal system by hand;

75243

(iii) Visual inspection and observation;

75244

(iv) Diagnosing a patient's condition only as to whether the	75245
patient has a disorder of the musculoskeletal system;	75246

(v) In the treatment of patients, employing the techniques of	75247
advised or supervised exercise; electrical neuromuscular	75248
stimulation; massage or manipulation; or air, water, heat, cold,	75249
sound, or infrared ray therapy only to those disorders of the	75250
musculoskeletal system that are amenable to treatment by such	75251
techniques and that are identifiable by examination performed in	75252
accordance with division (B)(1)(a)(i) of this section and	75253
diagnosable in accordance with division (B)(1)(a)(ii) of this	75254
section.	75255

(b) "Educational requirements" means the completion of a	75256
course of study appropriate for certification to practice	75257
mechanotherapy on or before November 3, 1985, as determined by	75258
rules adopted under this chapter.	75259

(2) Mechanotherapists who received a certificate to practice	75260
from the board prior to March 2, 1992, may continue to practice	75261
mechanotherapy, as defined in rules adopted by the board. Such	75262
mechanotherapists shall practice in accordance with rules adopted	75263
by the board.	75264

A person authorized by this division to practice as a	75265
mechanotherapist may examine, diagnose, and assume responsibility	75266
for the care of patients with due regard for first aid and the	75267
hygienic and nutritional care of the patients. Roentgen rays shall	75268
be used by a mechanotherapist only for diagnostic purposes.	75269

(3) A person who holds a certificate to practice	75270
mechanotherapy and completed educational requirements in	75271
mechanotherapy on or before November 3, 1985, is entitled to use	75272
the title "doctor of mechanotherapy" and is a "physician" who	75273
performs "medical services" for the purposes of Chapters 4121. and	75274
4123. of the Revised Code and the medicaid program ~~established~~	75275
~~under section 5111.01 of the Revised Code~~, and shall receive	75276
payment or reimbursement as provided under those chapters and that	75277
~~section~~program.	75278

Sec. 4731.23. (A)(1)(a) The state medical board shall	75279
designate one or more attorneys at law who have been admitted to	75280
the practice of law, and who are classified as either	75281
administrative law attorney examiners or as administrative law	75282
attorney examiner administrators under the state job	75283
classification plan adopted under section 124.14 of the Revised	75284
Code, as hearing examiners, subject to Chapter 119. of the Revised	75285
Code, to conduct any hearing which the medical board is empowered	75286
to hold or undertake pursuant to Chapter 119. of the Revised Code.	75287

(b) Notwithstanding the requirement of division (A)(1)(a) of	75288
this section that the board designate as a hearing examiner an	75289
attorney who is classified as either an administrative law	75290
attorney examiner or an administrative law attorney examiner	75291
administrator, the board may, subject to ~~controlling board~~	75292
~~approval~~section 127.16 of the Revised Code, enter into a personal	75293
service contract with an attorney admitted to the practice of law	75294
in this state to serve on a temporary basis as a hearing examiner.	75295

(2) The hearing examiner shall hear and consider the oral and	75296
documented evidence introduced by the parties and issue in writing	75297
proposed findings of fact and conclusions of law to the board for	75298
their consideration within thirty days following the close of the	75299
hearing.	75300

(B) The board shall be given copies of the transcript of the	75301
record hearing and all exhibits and documents presented by the	75302
parties at the hearing.	75303

(C) The board shall, upon the favorable vote of three	75304
members, allow the parties or their counsel the opportunity to	75305
present oral arguments on the proposed findings of fact and	75306
conclusions of law of the hearing examiner prior to the board's	75307
final action.	75308

(D) The board shall render a decision and take action within	75309
sixty days following the receipt of the hearing examiner's	75310
proposed findings of fact and conclusions of law or within any	75311
longer period mutually agreed upon by the board and the	75312
certificate holder.	75313

(E) The final decision of the board in any hearing which the	75314
board is empowered to undertake shall be in writing and contain	75315
findings of fact and conclusions of law. Copies of the decision	75316
shall be delivered to the parties personally or by certified mail.	75317
The decision shall be final upon delivery or mailing, except that	75318
the certificate holder may appeal in the manner provided by	75319
Chapter 119. of the Revised Code.	75320

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	75321
Revised Code:	75322

(A)(1) "Clinical laboratory services" means either of the	75323
following:	75324

(a) Any examination of materials derived from the human body	75325
for the purpose of providing information for the diagnosis,	75326
prevention, or treatment of any disease or impairment or for the	75327
assessment of health;	75328

(b) Procedures to determine, measure, or otherwise describe	75329
the presence or absence of various substances or organisms in the	75330
body.	75331

(2) "Clinical laboratory services" does not include the mere	75332
collection or preparation of specimens.	75333

(B) "Designated health services" means any of the following:

75334

(1) Clinical laboratory services;

75335

(2) Home health care services;

75336

(3) Outpatient prescription drugs.

75337

(C) "Fair market value" means the value in arms-length	75338
transactions, consistent with general market value and:	75339

(1) With respect to rentals or leases, the value of rental	75340
property for general commercial purposes, not taking into account	75341
its intended use;	75342

(2) With respect to a lease of space, not adjusted to reflect	75343
the additional value the prospective lessee or lessor would	75344
attribute to the proximity or convenience to the lessor if the	75345
lessor is a potential source of referrals to the lessee.	75346

(D) "Governmental health care program" means any program	75347
providing health care benefits that is administered by the federal	75348
government, this state, or a political subdivision of this state,	75349
including the medicare program ~~established under Title XVIII of~~	75350
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,~~	75351
~~as amended~~, health care coverage for public employees, health care	75352
benefits administered by the bureau of workers' compensation, and	75353
the medicaid program ~~established under Chapter 5111. of the~~	75354
~~Revised Code~~.	75355

(E)(1) "Group practice" means a group of two or more holders	75356
of certificates under this chapter legally organized as a	75357
partnership, professional corporation or association, limited	75358
liability company, foundation, nonprofit corporation, faculty	75359
practice plan, or similar group practice entity, including an	75360
organization comprised of a nonprofit medical clinic that	75361
contracts with a professional corporation or association of	75362
physicians to provide medical services exclusively to patients of	75363
the clinic in order to comply with section 1701.03 of the Revised	75364
Code and including a corporation, limited liability company,	75365
partnership, or professional association described in division (B)	75366
of section 4731.226 of the Revised Code formed for the purpose of	75367
providing a combination of the professional services of	75368
optometrists who are licensed, certificated, or otherwise legally	75369
authorized to practice optometry under Chapter 4725. of the	75370
Revised Code, chiropractors who are licensed, certificated, or	75371
otherwise legally authorized to practice chiropractic or	75372
acupuncture under Chapter 4734. of the Revised Code, psychologists	75373
who are licensed, certificated, or otherwise legally authorized to	75374
practice psychology under Chapter 4732. of the Revised Code,	75375
registered or licensed practical nurses who are licensed,	75376
certificated, or otherwise legally authorized to practice nursing	75377
under Chapter 4723. of the Revised Code, pharmacists who are	75378
licensed, certificated, or otherwise legally authorized to	75379
practice pharmacy under Chapter 4729. of the Revised Code,	75380
physical therapists who are licensed, certificated, or otherwise	75381
legally authorized to practice physical therapy under sections	75382
4755.40 to 4755.56 of the Revised Code, occupational therapists	75383
who are licensed, certificated, or otherwise legally authorized to	75384
practice occupational therapy under sections 4755.04 to 4755.13 of	75385
the Revised Code, mechanotherapists who are licensed,	75386
certificated, or otherwise legally authorized to practice	75387
mechanotherapy under section 4731.151 of the Revised Code, and	75388
doctors of medicine and surgery, osteopathic medicine and surgery,	75389
or podiatric medicine and surgery who are licensed, certificated,	75390
or otherwise legally authorized for their respective practices	75391
under this chapter, to which all of the following apply:	75392

(a) Each physician who is a member of the group practice	75393
provides substantially the full range of services that the	75394
physician routinely provides, including medical care,	75395
consultation, diagnosis, or treatment, through the joint use of	75396
shared office space, facilities, equipment, and personnel.	75397

(b) Substantially all of the services of the members of the	75398
group are provided through the group and are billed in the name of	75399
the group and amounts so received are treated as receipts of the	75400
group.	75401

(c) The overhead expenses of and the income from the practice	75402
are distributed in accordance with methods previously determined	75403
by members of the group.	75404

(d) The group practice meets any other requirements that the	75405
state medical board applies in rules adopted under section 4731.70	75406
of the Revised Code.	75407

(2) In the case of a faculty practice plan associated with a	75408
hospital with a medical residency training program in which	75409
physician members may provide a variety of specialty services and	75410
provide professional services both within and outside the group,	75411
as well as perform other tasks such as research, the criteria in	75412
division (E)(1) of this section apply only with respect to	75413
services rendered within the faculty practice plan.	75414

(F) "Home health care services" and "immediate family" have	75415
the same meanings as in the rules adopted under section 4731.70 of	75416
the Revised Code.	75417

(G) "Hospital" has the same meaning as in section 3727.01 of	75418
the Revised Code.	75419

(H) A "referral" includes both of the following:

75420

(1) A request by a holder of a certificate under this chapter	75421
for an item or service, including a request for a consultation	75422
with another physician and any test or procedure ordered by or to	75423
be performed by or under the supervision of the other physician;	75424

(2) A request for or establishment of a plan of care by a	75425
certificate holder that includes the provision of designated	75426
health services.	75427

(I) "Third-party payer" has the same meaning as in section	75428
3901.38 of the Revised Code.	75429

Sec. 4731.71. The auditor of state may implement procedures	75430
to detect violations of section 4731.66 or 4731.69 of the Revised	75431
Code within governmental health care programs administered by the	75432
state. The auditor of state shall report any violation of either	75433
section to the state medical board and shall certify to the	75434
attorney general in accordance with section 131.02 of the Revised	75435
Code the amount of any refund owed to a state-administered	75436
governmental health care program under section 4731.69 of the	75437
Revised Code as a result of a violation. If a refund is owed to	75438
the medicaid program ~~established under Chapter 5111. of the~~	75439
~~Revised Code~~, the auditor of state also shall report the amount to	75440
the department of ~~job and family services~~medicaid.	75441

The state medical board also may implement procedures to	75442
detect violations of section 4731.66 or 4731.69 of the Revised	75443
Code.	75444

Sec. 4734.41. (A) As used in this section:

75445

(1) "Chemical dependency" means either of the following:

75446

(a) The chronic and habitual use of alcoholic beverages to	75447
the extent that the user no longer can control the use of alcohol	75448
or endangers the user's health, safety, or welfare or that of	75449
others;	75450

(b) The use of a controlled substance as defined in section	75451
3719.01 of the Revised Code, a harmful intoxicant as defined in	75452
section 2925.01 of the Revised Code, or a dangerous drug as	75453
defined in section 4729.01 of the Revised Code, to the extent that	75454
the user becomes physically or psychologically dependent on the	75455
substance, intoxicant, or drug or endangers the user's health,	75456
safety, or welfare or that of others.	75457

(2) "Mental illness" means a recognized psychiatric or	75458
psychological condition, disorder, or syndrome that has been	75459
diagnosed by a psychiatrist, psychologist, professional clinical	75460
counselor, or independent social worker as a condition, disorder,	75461
or syndrome that may pose a danger to the person diagnosed or	75462
others or may prevent the person from practicing the person's	75463
profession according to acceptable and prevailing standards of	75464
care.	75465

(B) The state chiropractic board shall establish a chemical	75466
dependency and mental illness monitoring program. The program	75467
shall be made available to any individual under the board's	75468
jurisdiction who has a chemical dependency or mental illness and	75469
meets the board's eligibility requirements for admission to and	75470
continued participation in the program. The board shall develop	75471
the program and may designate a coordinator to administer it or	75472
enter into a contract for the program to be administered by	75473
another entity through a coordinator. The board shall adopt rules	75474
in accordance with Chapter 119. of the Revised Code that establish	75475
standards and procedure for operating the program.	75476

(C) Except as provided in division (D) of this section, all	75477
records of an individual's participation in the monitoring	75478
program, including medical records, chemical dependency records,	75479
and mental health records, shall be confidential, are not public	75480
records for the purposes of section 149.43 of the Revised Code,	75481
and are not subject to discovery by subpoena or ~~admissble~~	75482
admissible as evidence in any judicial proceeding. The program	75483
coordinator shall maintain all records as directed by the board.	75484

(D) The monitoring program's coordinator may disclose records	75485
or information regarding an individual's progress and status of	75486
participation in the program to the disciplinary section of the	75487
board and to any person or government entity that the program	75488
participant authorizes in writing to be given the records or	75489
information.	75490

In disclosing records or information under this division, the	75491
coordinator shall not include any record or information that is	75492
protected under section ~~3793.13~~5119.27 of the Revised Code or any	75493
federal statute or regulation that provides for the	75494
confidentiality of mental health or substance abuse records.	75495

(E) In the absence of fraud or bad faith, the monitoring	75496
program's coordinator, the board and the board's employees and	75497
representatives are not liable for damages in any civil action as	75498
a result of disclosing records or information in accordance with	75499
division (D) of this section. In the absence of fraud or bad	75500
faith, any person reporting to the program an individual's	75501
chemical dependency or mental illness, or the progress or lack of	75502
progress of that individual with regard to treatment, is not	75503
liable for damages in any civil action as a result of the report.	75504

(F) The board may abstain from taking formal disciplinary	75505
action under section 4734.31 of the Revised Code against an	75506
individual because of the individual's chemical dependency or	75507
mental illness, if the individual meets the eligibility	75508
requirements for admission into the monitoring program and all of	75509
the following occur:	75510

(1) The individual enters into a monitoring agreement with	75511
the coordinator of the program;	75512

(2) The individual complies with the terms and conditions for	75513
continued participation in the program, as specified in the	75514
monitoring agreement;	75515

(3) The individual successfully completes the terms and	75516
conditions of the monitoring agreement, including the condition	75517
that the individual attain the ability to practice in accordance	75518
with acceptable and prevailing standards of care applicable to the	75519
practice of chiropractic.	75520

Sec. 4745.01. (A) "Standard renewal procedure," as used in	75521
Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923.,	75522
927., 942., 943., 953., 1321., 3710., 3713., 3719., 3742., 3748.,	75523
3769., 3783., 3921., 3951., 4104., 4105., ~~4143.,~~ 4169., 4561.,	75524
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., 4727.,	75525
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., 4747.,	75526
4749., 4752., 4753., 4755., 4757., 4758., 4759., 4761., 4766.,	75527
4773., and 4775. of the Revised Code, means the license renewal	75528
procedures specified in this chapter.	75529

(B) "Licensing agency," as used in this chapter, means any	75530
department, division, board, section of a board, or other state	75531
governmental unit subject to the standard renewal procedure, as	75532
defined in this section, and authorized by the Revised Code to	75533
issue a license to engage in a specific profession, occupation, or	75534
occupational activity, or to have charge of and operate certain	75535
specified equipment, machinery, or premises.	75536

(C) "License," as used in this chapter, means a license,	75537
certificate, permit, card, or other authority issued or conferred	75538
by a licensing agency by authority of which the licensee has or	75539
claims the privilege to engage in the profession, occupation, or	75540
occupational activity, or to have control of and operate certain	75541
specific equipment, machinery, or premises, over which the	75542
licensing agency has jurisdiction.	75543

(D) "Licensee," as used in this chapter, means either the	75544
person to whom the license is issued or renewed by a licensing	75545
agency, or the person, partnership, or corporation at whose	75546
request the license is issued or renewed.	75547

(E) "Renewal" and "renewed," as used in this chapter and in	75548
the chapters of the Revised Code specified in division (A) of this	75549
section, includes the continuing licensing procedure provided in	75550
Chapter 3748. of the Revised Code and rules adopted under it and	75551
in sections 1321.05 and 3921.33 of the Revised Code, and as	75552
applied to those continuing licenses any reference in this chapter	75553
to the date of expiration of any license shall be construed to	75554
mean the due date of the annual or other fee for the continuing	75555
license.	75556

Sec. 4751.01. As used in sections 4751.01 to ~~4751.11~~4751.13	75557
of the Revised Code:	75558

(A) "Long-term services and supports settings" means any	75559
institutional or community-based setting in which medical, health,	75560
psycho-social, habilitative, rehabilitative, or personal care	75561
services are provided to individuals on a post-acute care basis.	75562

(B) "Nursing home administrator" means any individual	75563
responsible for planning, organizing, directing, and managing the	75564
operation of a nursing home, or who in fact performs such	75565
function, whether or not such functions and duties are shared by	75566
one or more other persons.	75567

~~(B)~~(C) "Nursing home" means a nursing home as defined by or	75568
under the authority of section 3721.01 of the Revised Code, or a	75569
nursing home operated by a governmental agency.	75570

~~(C)~~(D) "Temporary license" means a license for a period not	75571
to exceed one hundred eighty days issued pursuant to division (B)	75572
of section 4751.06 of the Revised Code.	75573

~~(D)~~(E) "Valid license" means a license which is current and	75574
in good standing.	75575

Sec. 4751.02. (A) No person shall operate a nursing home	75576
unless it is under the supervision of an administrator whose	75577
principal occupation is nursing home administration or hospital	75578
administration and who holds a valid nursing home administrator's	75579
license and registration, or a temporary license, issued pursuant	75580
to Chapter 4751. of the Revised Code.	75581

(B) No person other than a licensed and registered nursing	75582
home administrator or person holding a temporary license as	75583
required by Chapter 4751. of the Revised Code shall practice or	75584
offer to practice nursing home administration in this state. All	75585
nursing home administrators and temporary licensees shall comply	75586
with Chapter 4751. of the Revised Code and the regulations adopted	75587
thereunder.	75588

(C) Every operator of a nursing home shall report to the	75589
board of ~~examiners~~executives of ~~nursing home administrators~~	75590
long-term services and supports the name and license number of	75591
each nursing home administrator for said home within ten days	75592
after the operator engages a nursing home administrator, and	75593
within ten days after a nursing home administrator is no longer	75594
engaged as such by such operator for said home.	75595

(D) Each individual who holds a nursing home administrator	75596
license or temporary license shall report ~~his~~the individual's	75597
residence mailing address and the name and address of each place	75598
of employment to the board within ten days after any change.	75599

Sec. 4751.03. (A) There is hereby established in the	75600
department of ~~health~~aging a board of ~~examiners~~executives of	75601
~~nursing home administrators~~long-term services and supports, which	75602
board shall be composed of ~~nine~~the following eleven members,	75603
~~eight of whom shall be representative of the professions and~~	75604
~~institutions concerned with care and treatment of chronically ill~~	75605
~~or infirm aged patients, and one of whom shall be a public member~~	75606
~~at least sixty years of age, provided that less than a majority of~~	75607
~~the board members shall be representative of a single profession~~	75608
~~or institutional category, and provided further that a person~~	75609
~~appointed as a noninstitutional member shall neither have nor~~	75610
~~acquire any direct financial interest in a nursing home. For~~	75611
~~purposes of this section, nursing home administrators are~~	75612
~~considered representatives of institutions.~~	75613

~~Four members shall be nursing home administrators, owners of~~	75614
~~nursing homes or an officer of a corporation owning a nursing~~	75615
~~home. The director of health or his designated representative~~	75616
~~shall be a member. All~~:	75617

(1) Four members who are nursing home administrators, owners	75618
of nursing homes, or officers of corporations owning nursing	75619
homes, and who shall have an understanding of person-centered	75620
care, and experience with a range of long-term services and	75621
supports settings;	75622

(2)(a) Three members who work in long-term services and	75623
supports settings that are not nursing homes, and who shall have	75624
an understanding of person-centered care, and experience with a	75625
range of long-term services and supports settings;	75626

(b) At least one of the members described in division	75627
(A)(2)(a) of this section shall be a home health administrator, an	75628
owner of a home health agency, or an officer of a home health	75629
agency.	75630

(3) One member who is a member of the academic community;

75631

(4) One member who is a consumer of services offered in a	75632
long-term services and supports setting;	75633

(5) One member who is a representative of the department of	75634
health, designated by the director of health, who is involved in	75635
the nursing home survey and certification process;	75636

(6) One member who is a representative of the office of the	75637
state long-term care, designated by the state long-term care	75638
ombudsman.	75639

All members of the board shall be citizens of the United	75640
States and residents of this state. No member of the board who is	75641
appointed under divisions (A)(3) to (6) of this section may have	75642
or acquire any direct financial interest in a nursing home or	75643
long-term services and supports settings.	75644

(B) The term of office for each appointed member of the board	75645
shall be for three years, commencing on the twenty-eighth day of	75646
May and ending on the twenty-seventh day of May. Each member shall	75647
serve from the date of ~~his~~ appointment until the end of the term	75648
for which ~~he was~~ appointed. No member shall serve more than two	75649
consecutive full terms.	75650

(C) Appointments to the board shall be made by the governor.	75651
Any member appointed to fill a vacancy occurring prior to the	75652
expiration of the term for which ~~his~~the member's predecessor was	75653
appointed shall hold office for the remainder of such term. Any	75654
appointed member shall continue in office subsequent to the	75655
expiration date of ~~his~~the member's term until ~~his~~the member's	75656
successor takes office, or until a period of sixty days has	75657
elapsed, whichever occurs first.	75658

(D) The governor may remove any member of the board for	75659
misconduct, incapacity, incompetence, or neglect of duty after the	75660
member so charged has been served with a written statement of	75661
charges and has been given an opportunity to be heard.	75662

(E) Each member of the board, except the member designated by	75663
the director of health ~~or his~~and the member designated	75664
~~representative~~by the ombudsman, shall be paid in accordance with	75665
section 124.15 of the Revised Code and each member shall be	75666
reimbursed for ~~his~~the member's actual and necessary expenses	75667
incurred in the discharge of such duties.	75668

(F) The board shall elect annually from its membership a	75669
~~chairman~~chairperson and a ~~vice-chairman~~vice-chairperson.	75670

(G) The board shall hold and conduct meetings quarterly and	75671
at such other times as its business requires. A majority of the	75672
board shall constitute a quorum. The affirmative vote of a	75673
majority of the members of the board is necessary for the board to	75674
act.	75675

(H) The board shall appoint a secretary who has no financial	75676
interest in a ~~nursing home~~long-term services and supports	75677
setting, and may employ and prescribe the powers and duties of	75678
such employees and consultants as are necessary to carry out this	75679
chapter and the rules adopted under it. ~~Administrative, technical,~~	75680
~~or other services shall be performed, insofar as practicable, by~~	75681
~~personnel of the department of health.~~	75682

Sec. 4751.04. (A) The board of ~~examiners~~executives of	75683
~~nursing home administrators~~long-term services and supports shall:	75684

(1) Develop, adopt, impose, and enforce regulations	75685
prescribing standards which must be met by individuals in order to	75686
receive a license as a nursing home administrator, which standards	75687
shall be designed to ensure that nursing home administrators are	75688
of good character and are otherwise suitable, and who, by training	75689
and experience, are qualified to serve as nursing home	75690
administrators;	75691

(2) Develop and apply appropriate techniques, including	75692
examinations and investigations, for determining whether an	75693
individual meets such standards;	75694

(3) Issue licenses and registrations to individuals	75695
determined, after application of such techniques, to meet such	75696
standards, and revoke or suspend licenses or registrations	75697
previously issued by the board in any case where the individual	75698
holding such license or registration is determined to have failed	75699
substantially to conform to the requirements of such standards;	75700

(4) Develop, adopt, impose, and enforce regulations and	75701
procedures designed to ensure that individuals holding a temporary	75702
license, or licensed as nursing home administrators will, during	75703
any period that they serve as such, comply with Chapter 4751. of	75704
the Revised Code and the regulations adopted thereunder;	75705

(5) Receive, investigate, and take appropriate action with	75706
respect to any charge or complaint filed with the board to the	75707
effect that any individual licensed as a nursing home	75708
administrator has failed to comply with Chapter 4751. of the	75709
Revised Code and the regulations adopted thereunder;	75710

(6) Take such other actions as may be necessary to enable the	75711
state to meet the requirements set forth in the "Social Security	75712
Amendments of 1967," 81 Stat. 908 (1968), 42 U.S.C. 1396 g;	75713

(7) Pay all license and registration fees collected under	75714
Chapter 4751. of the Revised Code into the ~~general operations~~	75715
board of executives of long-term services and support fund created	75716
by section ~~3701.83~~4751.14 of the Revised Code to be used in	75717
administering and enforcing this chapter and the rules adopted	75718
under it;	75719

(8) Administer, or contract with a government or private	75720
entity to administer, examinations for licensure as a nursing home	75721
administrator. If the board contracts with a government or private	75722
entity to administer the examinations, the contract may authorize	75723
the entity to collect and keep, as all or part of the entity's	75724
compensation under the contract, any fee an applicant for	75725
licensure pays to take an examination. The entity is not required	75726
to deposit the fee into the state treasury;	75727

(9) Enter into a contract with the department of aging as	75728
required under section 4751.042 of the Revised Code;	75729

(10) Create opportunities for the education, training, and	75730
credentialing of nursing home administrators and others in	75731
leadership positions who practice in long-term services and	75732
supports settings or who direct the practices of others in those	75733
settings. In carrying out this function, the board shall do the	75734
following:	75735

(a) Identify core competencies and areas of knowledge that	75736
are appropriate for nursing home administrators and others working	75737
within the long-term services and supports settings system, with	75738
an emphasis on all of the following:	75739

(i) Leadership;

75740

(ii) Person-centered care;

75741

(iii) Principles of management within both the business and	75742
regulatory environments;	75743

(iv) An understanding of all post-acute settings, including	75744
transitions from acute settings and between post-acute settings.	75745

(b) Assist in the development of a strong, competitive market	75746
in Ohio for training, continuing education, and degree programs in	75747
long-term services and supports settings administration.	75748

(B) In the administration and enforcement of Chapter 4751. of	75749
the Revised Code, and the regulations adopted thereunder, the	75750
board is subject to Chapter 119. of the Revised Code and sections	75751
4743.01 and 4743.02 of the Revised Code except that a notice of	75752
appeal of an order of the board adopting, amending, or rescinding	75753
a rule or regulation does not operate as a stay of the effective	75754
date of such order as provided in section 119.11 of the Revised	75755
Code. The court, at its discretion, may grant a stay of any	75756
regulation in its application against the person filing the notice	75757
of appeal.	75758

Sec. 4751.041. Except when the board of ~~examiners~~executives	75759
of ~~nursing home administrators~~long-term services and supports	75760
considers it necessary, the board shall not disclose test	75761
materials, examinations, or evaluation tools used in an	75762
examination for licensure as a nursing home administrator that the	75763
board administers under section 4751.04 of the Revised Code or	75764
contracts under that section with a private or government entity	75765
to administer.	75766

Sec. 4751.042. (A) The board of executives of long-term	75767
services and supports shall enter into a written agreement with	75768
the department of aging for the department to serve as the board's	75769
fiscal agent. The fiscal agent shall be responsible for all the	75770
board's fiscal matters and financial transactions, as specified in	75771
the agreement. The written agreement shall specify the fees that	75772
the board shall pay to the fiscal agent for services performed	75773
under the agreement, and such fees shall be in proportion to the	75774
services performed for the board.	75775

(1) The agreement shall require the fiscal agent to provide	75776
the following services:	75777

(a) Preparation and processing of payroll and other personnel	75778
documents that the board approves;	75779

(b) Maintenance of ledgers of accounts and reports of account	75780
balances, and monitoring of budgets and allotment plans in	75781
consultation with the board;	75782

(c) Performance of other routine support services, specified	75783
in the agreement, that the fiscal agent considers appropriate to	75784
achieve efficiency.	75785

(2) The agreement may require the fiscal agent to provide the	75786
following services:	75787

(a) Any shared services between the board and the fiscal	75788
agent;	75789

(b) Any other services agreed to by the board and the	75790
department, including administrative or technical services.	75791

(B) The board, in conjunction and consultation with the	75792
fiscal agent, has the following authority and responsibility	75793
relative to fiscal matters:	75794

(1) Sole authority to expend funds from the board's accounts	75795
for programs and any other necessary expenses the board may incur;	75796

(2) Responsibility to cooperate with and inform the fiscal	75797
agent fully of all financial transactions.	75798

(C) The board shall follow all state procurement, fiscal,	75799
human resources, information technology, statutory, and	75800
administrative rule requirements.	75801

(D) In its role as fiscal agent for the board, the department	75802
shall serve as a contractor of the board, and does not assume	75803
responsibility for the debts or fiscal obligations of the board.	75804

Sec. 4751.05. (A) The board of ~~examiners~~executives of	75805
~~nursing home administrators~~long-term services and supports, or a	75806
government or private entity under contract with the board to	75807
administer examinations for licensure as a nursing home	75808
administrator, shall admit to an examination any candidate who:	75809

(1) Pays the application fee of fifty dollars;

75810

(2) Submits evidence of good moral character and suitability;

75811

(3) Is at least eighteen years of age;

75812

(4) Has completed educational requirements and work	75813
experience satisfactory to the board;	75814

(5) Submits an application on forms prescribed by the board;

75815

(6) Pays the examination fee charged by the board or	75816
government or private entity.	75817

(B) Nothing in Chapter 4751. of the Revised Code or the rules	75818
adopted thereunder shall be construed to require an applicant for	75819
licensure or a temporary license, who is employed by an	75820
institution for the care and treatment of the sick to demonstrate	75821
proficiency in any medical techniques or to meet any medical	75822
educational qualifications or medical standards not in accord with	75823
the remedial care and treatment provided by the institution if the	75824
institution is all of the following:	75825

(1) Operated exclusively for patients who use spiritual means	75826
for healing and for whom the acceptance of medical care is	75827
inconsistent with their religious beliefs;	75828

(2) Accredited by a national accrediting organization;

75829

(3) Exempt from federal income taxation under section 501 of	75830
the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,	75831
as amended;	75832

(4) Providing twenty-four hour nursing care pursuant to the	75833
exemption in division (E) of section 4723.32 of the Revised Code	75834
from the licensing requirements of Chapter 4723. of the Revised	75835
Code.	75836

(C) If a person fails three times to attain a passing grade	75837
on the examination, said person, before the person may again be	75838
admitted to examination, shall meet such additional education or	75839
experience requirements, or both, as may be prescribed by the	75840
board.	75841

Sec. 4751.06. (A) An applicant for licensure as a nursing	75842
home administrator who has successfully completed the requirements	75843
of section 4751.05 of the Revised Code, passed the examination	75844
administered by the board of ~~examiners~~executives of ~~nursing home~~	75845
~~administrators~~long-term services and supports or a government or	75846
private entity under contract with the board, and paid to the	75847
board an original license fee of two hundred fifty dollars shall	75848
be issued a license on a form provided by the board. Such license	75849
shall certify that the applicant has met the licensure	75850
requirements of Chapter 4751. of the Revised Code and is entitled	75851
to practice as a licensed nursing home administrator.	75852

(B) A temporary license for a period not to exceed one	75853
hundred eighty days may be issued to an individual temporarily	75854
filling the position of a nursing home administrator vacated by	75855
reason of death, illness, or other unexpected cause, pursuant to	75856
regulations adopted by the board.	75857

(C) The fee for a temporary license is one hundred dollars.	75858
Said fee must accompany the application for the temporary license.	75859

(D) Any license or temporary license issued by the board	75860
pursuant to this section shall be under the hand of the	75861
chairperson and the secretary of the board.	75862

(E) A duplicate of the original certificate of registration	75863
or license may be secured to replace one that has been lost or	75864
destroyed by submitting to the board a notarized statement	75865
explaining the conditions of the loss, mutilation, or destruction	75866
of the certificate or license and by paying a fee of twenty-five	75867
dollars.	75868

(F) A duplicate certificate of registration and license may	75869
be issued in the event of a legal change of name by submitting to	75870
the board a certified copy of the court order or marriage license	75871
establishing the change of name, by returning at the same time the	75872
original license and certificate of registration, and by paying a	75873
fee of twenty-five dollars.	75874

Sec. 4751.07. (A) Every individual who holds a valid license	75875
as a nursing home administrator issued under division (A) of	75876
section 4751.06 of the Revised Code, shall immediately upon	75877
issuance thereof be registered with the board of ~~examiners~~	75878
executives of ~~nursing home administrators~~long-term services and	75879
supports and be issued a certificate of registration. Such	75880
individual shall annually apply to the board for a new certificate	75881
of registration on forms provided for such purpose prior to the	75882
expiration of the certificate of registration and shall at the	75883
same time submit satisfactory evidence to the board of having	75884
attended such continuing education programs or courses of study as	75885
may be prescribed in rules adopted by the board.	75886

(B) Upon making an application for a new certificate of	75887
registration such individual shall pay the annual registration fee	75888
of three hundred dollars.	75889

(C) Upon receipt of such application for registration and the	75890
registration fee required by divisions (A) and (B) of this	75891
section, the board shall issue a certificate of registration to	75892
such nursing home administrator.	75893

(D) The license of a nursing home administrator who fails to	75894
comply with this section shall automatically lapse.	75895

(E) A nursing home administrator who has been licensed and	75896
registered in this state who determines to temporarily abandon the	75897
practice of nursing home administration shall notify the board in	75898
writing immediately; provided, that such individual may thereafter	75899
register to resume the practice of nursing home administration	75900
within the state upon complying with the requirements of this	75901
section regarding annual registration.	75902

(F) Only an individual who has qualified as a licensed and	75903
registered nursing home administrator under Chapter 4751. of the	75904
Revised Code and the rules adopted thereunder, and who holds a	75905
valid current registration certificate pursuant to this section,	75906
may use the title "nursing home administrator," or the	75907
abbreviation "N.H.A." after the individual's name. No other person	75908
shall use such title or such abbreviation or any other words,	75909
letters, sign, card, or device tending to indicate or to imply	75910
that the person is a licensed and registered nursing home	75911
administrator.	75912

(G) Every person holding a valid license entitling the person	75913
to practice nursing home administration in this state shall	75914
display said license in the nursing home which is the person's	75915
principal place of employment, and while engaged in the practice	75916
of nursing home administration shall have at hand the current	75917
registration certificate.	75918

(H) Every person holding a valid temporary license shall have	75919
such license at hand while engaged in the practice of nursing home	75920
administration.	75921

Sec. 4751.08. The board of ~~examiners~~executives of ~~nursing~~	75922
~~home administrators~~long-term services and supports, in its	75923
discretion, and otherwise subject to Chapter 4751. of the Revised	75924
Code and the rules adopted by the board thereunder prescribing the	75925
qualifications for a nursing home administrator license, may	75926
license a nursing home administrator without examination if hethe	75927
nursing home administrator has a valid license issued by the	75928
proper authorities of any other state, upon payment of a fee of	75929
one hundred fifty dollars, and upon submission of evidence	75930
satisfactory to the board both:	75931

(A) That such other state maintained a system and standard of	75932
qualifications and examinations for a nursing home administrator	75933
license which were substantially equivalent to those required in	75934
this state at the time such other license was issued by such other	75935
state;	75936

(B) That such other state gives similar recognition to	75937
nursing home administrators licensed in this state.	75938

Sec. 4751.10. The license or registration, or both, or the	75939
temporary license of any person practicing or offering to practice	75940
nursing home administration, shall be revoked or suspended by the	75941
board of ~~examiners~~executives of ~~nursing home administrators~~	75942
long-term services and supports if such licensee or temporary	75943
licensee:	75944

(A) Is unfit or incompetent by reason of negligence, habits,	75945
or other causes;	75946

(B) Has willfully or repeatedly violated any of the	75947
provisions of Chapter 4751. of the Revised Code or the regulations	75948
adopted thereunder; or willfully or repeatedly acted in a manner	75949
inconsistent with the health and safety of the patients of the	75950
nursing home in which hethe licensee or temporary licensee is the	75951
administrator;	75952

(C) Is guilty of fraud or deceit in the practice of nursing	75953
home administration or in ~~his~~the licensee's or temporary	75954
licensee's admission to such practice;	75955

(D) Has been convicted in a court of competent jurisdiction,	75956
either within or without this state, of a felony.	75957

Proceedings under this section shall be instituted by the	75958
board or shall be begun by filing with the board charges in	75959
writing and under oath.	75960

Sec. 4751.11. (A) The board of ~~examiners~~executives of	75961
~~nursing home administrators~~long-term services and supports may,	75962
in its discretion, reissue a license or registration, or both, to	75963
any person whose license or registration, or both, has been	75964
revoked.	75965

(B) Application for the reissuance of a license or	75966
registration, or both, shall not be made prior to one year after	75967
revocation and shall be made in such manner as the board may	75968
direct.	75969

(C) If a person convicted of a felony is subsequently	75970
pardoned by the governor of the state where such conviction was	75971
had or by the president of the United States, or receives a final	75972
release granted by the adult parole authority of this state or its	75973
equivalent agency of another state, the board may, in its	75974
discretion, on application of such person and on the submission of	75975
evidence satisfactory to the board restore to such person the	75976
nursing home administrator's license or registration, or both.	75977

Sec. 4751.12. On receipt of a notice pursuant to section	75978
3123.43 of the Revised Code, the board of ~~examiners~~executives of	75979
~~nursing home administrators~~long-term services and supports shall	75980
comply with sections 3123.41 to 3123.50 of the Revised Code and	75981
any applicable rules adopted under section 3123.63 of the Revised	75982
Code with respect to a license issued pursuant to this chapter.	75983

Sec. 4751.13. The board of ~~examiners~~executives of ~~nursing~~	75984
~~home administrators~~long-term services and supports shall comply	75985
with section 4776.20 of the Revised Code.	75986

Sec. 4751.14. There is hereby created in the state treasury	75987
the board of executives of long-term services and supports fund.	75988
The fund shall consist of license and registration fees collected	75989
under this chapter. Money in the fund shall be used by the board	75990
of executives of long-term services and supports to administer and	75991
enforce this chapter and the rules adopted under it. Investment	75992
earnings of the fund shall be credited to the fund.	75993

Sec. 4753.071. A person who is required to meet the	75994
supervised professional experience requirement of division (F) of	75995
section 4753.06 of the Revised Code shall submit to the board of	75996
speech-language pathology and audiology an application for a	75997
conditional license. The application shall include a plan for the	75998
content of the supervised professional experience on a form the	75999
board shall prescribe. The board shall issue the conditional	76000
license to the applicant if the applicant meets the requirements	76001
of section 4753.06 of the Revised Code, other than the requirement	76002
to have obtained the supervised professional experience, and pays	76003
to the board the appropriate fee for a conditional license. An	76004
applicant may not begin employment until the conditional license	76005
has been issued.	76006

A conditional license authorizes an individual to practice	76007
speech-language pathology or audiology while completing the	76008
supervised professional experience as required by division (F) of	76009
section 4753.06 of the Revised Code. A person holding a	76010
conditional license may practice speech-language pathology or	76011
audiology while working under the supervision of a person fully	76012
licensed in accordance with this chapter. A conditional license is	76013
valid for eighteen months unless suspended or revoked pursuant to	76014
section 3123.47 or 4753.10 of the Revised Code.	76015

A person holding a conditional license may perform services	76016
for which ~~reimbursement~~payment will be sought under the medicare	76017
program ~~established under Title XVIII of the "Social Security~~	76018
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended,~~ or the	76019
medicaid program ~~established under Chapter 5111. of the Revised~~	76020
~~Code~~ but all requests for ~~reimbursement~~payment for such services	76021
shall be made by the person who supervises the person performing	76022
the services.	76023

Sec. 4755.481. (A) If a physical therapist evaluates and	76024
treats a patient without the prescription of, or the referral of	76025
the patient by, a person described in division (G)(1) of section	76026
4755.48 of the Revised Code, all of the following apply:	76027

(1) The physical therapist shall, upon consent of the	76028
patient, inform the relevant person described in division (G)(1)	76029
of section 4755.48 of the Revised Code of the evaluation not later	76030
than five business days after the evaluation is made.	76031

(2) If the physical therapist determines, based on reasonable	76032
evidence, that no substantial progress has been made with respect	76033
to that patient during the thirty-day period immediately following	76034
the date of the patient's initial visit with the physical	76035
therapist, the physical therapist shall consult with or refer the	76036
patient to a person described in division (G)(1) of section	76037
4755.48 of the Revised Code, unless either of the following	76038
applies:	76039

(a) The evaluation, treatment, or services are being provided	76040
for fitness, wellness, or prevention purposes.	76041

(b) The patient previously was diagnosed with chronic,	76042
neuromuscular, or developmental conditions and the evaluation,	76043
treatment, or services are being provided for problems or symptoms	76044
associated with one or more of those previously diagnosed	76045
conditions.	76046

(3) If the physical therapist determines that orthotic	76047
devices are necessary to treat the patient, the physical therapist	76048
shall be limited to the application of the following orthotic	76049
devices:	76050

(a) Upper extremity adaptive equipment used to facilitate the	76051
activities of daily living;	76052

(b) Finger splints;

76053

76054

(d) Prefabricated elastic or fabric abdominal supports with	76055
or without metal or plastic reinforcing stays and other	76056
prefabricated soft goods requiring minimal fitting;	76057

(e) Nontherapeutic accommodative inlays;

76058

(f) Shoes that are not manufactured or modified for a	76059
particular individual;	76060

(g) Prefabricated foot care products;

76061

(h) Custom foot orthotics;

76062

(i) Durable medical equipment.

76063

(4) If, at any time, the physical therapist has reason to	76064
believe that the patient has symptoms or conditions that require	76065
treatment or services beyond the scope of practice of a physical	76066
therapist, the physical therapist shall refer the patient to a	76067
licensed health care practitioner acting within the practitioner's	76068
scope of practice.	76069

(B) Nothing in sections 4755.40 to 4755.56 of the Revised	76070
Code shall be construed to require reimbursement under any health	76071
insuring corporation policy, contract, or agreement, any sickness	76072
and accident insurance policy, the ~~medical assistance~~medicaid	76073
program ~~as defined in section 5111.01 of the Revised Code~~, or the	76074
health partnership program or qualified health plans established	76075
pursuant to sections 4121.44 to 4121.442 of the Revised Code, for	76076
any physical therapy service rendered without the prescription of,	76077
or the referral of the patient by, a person described in division	76078
(G)(1) of section 4755.48 of the Revised Code.	76079

(C) For purposes of this section, "business day" means any	76080
calendar day that is not a Saturday, Sunday, or legal holiday.	76081
"Legal holiday" has the same meaning as in section 1.14 of the	76082
Revised Code.	76083

Sec. 4758.10. (A) There is hereby created the chemical	76084
dependency professionals board.	76085

(B) The governor shall appoint all of the following voting	76086
members of the board with the advice and consent of the senate:	76087

(1) Four individuals who hold a valid independent chemical	76088
dependency counselor-clinical supervisor license or independent	76089
chemical dependency counselor license issued under this chapter,	76090
including at least two of whom have received at least a master's	76091
degree in a field related to chemical dependency counseling from	76092
an accredited educational institution;	76093

(2) Two individuals who hold a valid chemical dependency	76094
counselor III license issued under this chapter;	76095

(3) One individual who holds a valid chemical dependency	76096
counselor II license issued under this chapter;	76097

(4) Two individuals who hold a valid prevention specialist II	76098
certificate or prevention specialist I certificate issued under	76099
this chapter;	76100

(5) One individual who is authorized under Chapter 4731. of	76101
the Revised Code to practice medicine and surgery or osteopathic	76102
medicine and surgery and has experience practicing in a field	76103
related to chemical dependency counseling;	76104

(6) Two individuals who represent the public and have not	76105
practiced chemical dependency counseling or alcohol and other drug	76106
prevention services and have not been involved in the delivery of	76107
chemical dependency counseling services or alcohol and other drug	76108
prevention services. At least one of these individuals shall be at	76109
least ~~sixty~~fifty years of age. During their terms, the public	76110
members shall not practice chemical dependency counseling or	76111
alcohol and other drug prevention services or be involved in the	76112
delivery of chemical dependency counseling services or alcohol and	76113
other drug prevention services.	76114

(C) Not later than ninety days after December 23, 2002, the	76115
director of ~~alcohol and drug addiction services~~mental health and	76116
addiction services shall appoint an individual who represents the	76117
department of ~~alcohol and drug addiction services~~mental health	76118
and addiction services to serve as an ex officio member of the	76119
chemical dependency professionals board.	76120

(D) Not more than one-half of the voting members of the board	76121
may be of the same gender or members of the same political party.	76122
At least two voting members of the board shall be of African,	76123
Native American, Hispanic, or Asian descent.	76124

Sec. 4758.11. Of the initial appointees to the chemical	76125
dependency professionals board appointed by the governor under	76126
division (B) of section 4758.10 of the Revised Code, four shall be	76127
appointed for terms ending one year after ~~the effective date of~~	76128
~~this section~~December 23, 2002, four shall be appointed for terms	76129
ending two years after ~~the effective date of this section~~December	76130
23, 2002, and four shall be appointed for terms ending three years	76131
after ~~the effective date of this section~~December 23, 2002. After	76132
the initial appointments, terms of office shall be three years,	76133
each term ending on the same day of the same month of the year as	76134
the term it succeeds.	76135

A voting member of the board shall hold office from the date	76136
of appointment until the end of the term for which the member was	76137
appointed. A voting member appointed to fill a vacancy occurring	76138
prior to the expiration of the term for which the member's	76139
predecessor was appointed shall hold office for the remainder of	76140
that term. A voting member shall continue in office after the	76141
expiration date of the member's term until the member's successor	76142
takes office or until a period of sixty days has elapsed,	76143
whichever occurs first. Voting members may be reappointed, except	76144
that an individual who has held office for two consecutive full	76145
terms shall not be reappointed sooner than one year after the	76146
expiration of the second full term.	76147

The ex officio member of the board appointed by the director	76148
of ~~alcohol and drug addiction services~~mental health and addiction	76149
services under division (C) of section 4758.10 of the Revised Code	76150
shall serve at the pleasure of the director.	76151

Sec. 4761.01. As used in this chapter:

76152

(A) "Respiratory care" means rendering or offering to render	76153
to individuals, groups, organizations, or the public any service	76154
involving the evaluation of cardiopulmonary function, the	76155
treatment of cardiopulmonary impairment, the assessment of	76156
treatment effectiveness, and the care of patients with	76157
deficiencies and abnormalities associated with the cardiopulmonary	76158
system. The practice of respiratory care includes:	76159

(1) Obtaining, analyzing, testing, measuring, and monitoring	76160
blood and gas samples in the determination of cardiopulmonary	76161
parameters and related physiologic data, including flows,	76162
pressures, and volumes, and the use of equipment employed for this	76163
purpose;	76164

(2) Administering, monitoring, recording the results of, and	76165
instructing in the use of medical gases, aerosols, and	76166
bronchopulmonary hygiene techniques, including drainage,	76167
aspiration, and sampling, and applying, maintaining, and	76168
instructing in the use of artificial airways, ventilators, and	76169
other life support equipment employed in the treatment of	76170
cardiopulmonary impairment and provided in collaboration with	76171
other licensed health care professionals responsible for providing	76172
care;	76173

(3) Performing cardiopulmonary resuscitation and respiratory	76174
rehabilitation techniques;	76175

(4) Administering medications for the testing or treatment of	76176
cardiopulmonary impairment.	76177

(B) "Respiratory care professional" means a person who is	76178
licensed under this chapter to practice the full range of	76179
respiratory care services as defined in division (A) of this	76180
section.	76181

(C) "Physician" means an individual authorized under Chapter	76182
4731. of the Revised Code to practice medicine and surgery or	76183
osteopathic medicine and surgery.	76184

(D) "Registered nurse" means an individual licensed under	76185
Chapter 4723. of the Revised Code to engage in the practice of	76186
nursing as a registered nurse.	76187

(E) "Hospital" means a facility that meets the operating	76188
standards of section 3727.02 of the Revised Code.	76189

(F) "Nursing facility" has the same meaning as in section	76190
~~5111.20~~5165.01 of the Revised Code.	76191

Sec. 4906.20. (A) No person shall commence to construct an	76192
economically significant wind farm in this state without first	76193
having obtained a certificate from the power siting board. An	76194
economically significant wind farm with respect to which such a	76195
certificate is required shall be constructed, operated, and	76196
maintained in conformity with that certificate and any terms,	76197
conditions, and modifications it contains. A certificate shall be	76198
issued only pursuant to this section. The certificate may be	76199
transferred, subject to the approval of the board, to a person	76200
that agrees to comply with those terms, conditions, and	76201
modifications.	76202

(B) The board shall adopt rules governing the certificating	76203
of economically significant wind farms under this section. Initial	76204
rules shall be adopted within one hundred twenty days after June	76205
24, 2008.	76206

(1) The rules shall provide for an application process for	76207
certificating economically significant wind farms that is	76208
identical to the extent practicable to the process applicable to	76209
certificating major utility facilities under sections 4906.06,	76210
4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the	76211
Revised Code and shall prescribe a reasonable schedule of	76212
application filing fees structured in the manner of the schedule	76213
of filing fees required for major utility facilities.	76214

(2) Additionally, the rules shall prescribe reasonable	76215
regulations regarding any wind turbines and associated facilities	76216
of an economically significant wind farm, including, but not	76217
limited to, their location, erection, construction,	76218
reconstruction, change, alteration, maintenance, removal, use, or	76219
enlargement and including erosion control, aesthetics,	76220
recreational land use, wildlife protection, interconnection with	76221
power lines and with regional transmission organizations,	76222
independent transmission system operators, or similar	76223
organizations, ice throw, sound and noise levels, blade shear,	76224
shadow flicker, decommissioning, and necessary cooperation for	76225
site visits and enforcement investigations. The rules also shall	76226
prescribe a minimum setback for a wind turbine of an economically	76227
significant wind farm. That minimum shall be equal to a horizontal	76228
distance, from the turbine's base to the property line of the wind	76229
farm property, equal to one and one-tenth times the total height	76230
of the turbine structure as measured from its base to the tip of	76231
its highest blade and be at least ~~seven~~one thousand two hundred	76232
fifty feet in horizontal distance from the tip of the turbine's	76233
nearest blade at ninety degrees to the exterior of the nearest,	76234
habitable, residential structure, if any, located on adjacent	76235
property at the time of the certification application. For a	76236
certification application filed before the effective date of the	76237
amendment of this section, including any amendment of that	76238
application filed on or after that effective date, the distance	76239
shall be seven hundred fifty feet instead of one thousand two	76240
hundred fifty feet. The setback shall apply in all cases except	76241
those in which all owners of property adjacent to the wind farm	76242
property waive application of the setback to that property	76243
pursuant to a procedure the board shall establish by rule and	76244
except in which, in a particular case, the board determines that a	76245
setback greater than the minimum is necessary.	76246

Sec. 5101.01. (A) As used in the Revised Code, the	76247
"department of public welfare" and the "department of human	76248
services" mean the department of job and family services and the	76249
"director of public welfare" and the "director of human services"	76250
mean the director of job and family services. ~~Whenever~~Except as	76251
provided in section 5160.011 of the Revised Code, whenever the	76252
department or director of public welfare or the department or	76253
director of human services is referred to or designated in any	76254
statute, rule, contract, grant, or other document, the reference	76255
or designation shall be deemed to refer to the department or	76256
director of job and family services, as the case may be.	76257

(B) As used in this chapter:

76258

(1) References to a county department of job and family	76259
services include a joint county department of job and family	76260
services established under section 329.40 of the Revised Code.	76261

(2) References to a board of county commissioners include the	76262
board of directors of a joint county department of job and family	76263
services established under section 329.40 of the Revised Code.	76264

Sec. 5101.101. (A) This section establishes the order of	76265
priority to be followed by the department of job and family	76266
services when distributing funds for the purpose of providing	76267
family planning services, including funds the department receives	76268
through Title XX of the "Social Security Act," 88 Stat. 2337	76269
(1974), 42 U.S.C. 1397, as amended, and funds the department	76270
receives through Title IV-A of the "Social Security Act," 110	76271
Stat. 2113 (1996), 42 U.S.C. 601, as amended, to be used for	76272
purposes of providing Title XX social services. This section does	76273
not apply to payments made under the medicaid program.	76274

(B) With respect to each period during which funds from a	76275
particular source are distributed for the purpose of providing	76276
family planning services, the department is subject to both of the	76277
following when distributing the funds to applicants seeking those	76278
funds:	76279

(1) Foremost priority shall be given to public entities that	76280
are operated by state or local government entities and that	76281
provide or are able to provide family planning services.	76282

(2) If any funds remain after the department distributes	76283
funds to public entities under division (B)(1) of this section,	76284
the department may distribute funds to nonpublic entities. If	76285
funds are distributed to nonpublic entities, the department shall	76286
distribute the funds in the following order of descending	76287
priority:	76288

(a) Nonpublic entities that are federally qualified health	76289
centers or federally qualified health center look-alikes, both as	76290
defined in section 3701.047 of the Revised Code, or community	76291
action agencies, as defined in section 122.66 of the Revised Code;	76292

(b) Nonpublic entities that provide comprehensive primary and	76293
preventive care services in addition to family planning services;	76294

(c) Nonpublic entities that provide family planning services,	76295
but do not provide comprehensive primary and preventive care	76296
services.	76297

Sec. 5101.11. ~~This section does not apply to contracts~~	76298
~~entered into under section 5111.90 or 5111.91 of the Revised Code.~~	76299

(A) As used in this section:

76300

(1) "Entity" includes an agency, board, commission, or	76301
department of the state or a political subdivision of the state; a	76302
private, nonprofit entity; a school district; a private school; or	76303
a public or private institution of higher education.	76304

(2) "Federal financial participation" means the federal	76305
government's share of expenditures made by an entity in	76306
implementing a program administered by the department of job and	76307
family services.	76308

(B) At the request of any public entity having authority to	76309
implement a program administered by the department of job and	76310
family services or any private entity under contract with a public	76311
entity to implement a program administered by the department, the	76312
department may seek to obtain federal financial participation for	76313
costs incurred by the entity. Federal financial participation may	76314
be sought from programs operated pursuant to Title IV-A,of the	76315
"Social Security Act," 42 U.S.C. 601 et seq.; Title IV-E~~, and~~	76316
~~Title XIX~~ of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42	76317
U.S.C. ~~301, as amended~~670 et seq.; the Food and Nutrition Act of	76318
2008 (,7 U.S.C. 2011 et seq.); and any other statute or regulation	76319
under which federal financial participation may be available,	76320
except that federal financial participation may be sought only for	76321
expenditures made with funds for which federal financial	76322
participation is available under federal law.	76323

(C) All funds collected by the department ~~of job and family~~	76324
~~services~~ pursuant to division (B) of this section shall be	76325
distributed to the entities that incurred the costs, except for	76326
any amounts retained by the department pursuant to division (D)(3)	76327
of this section.	76328

(D) In distributing federal financial participation pursuant	76329
to this section, the department may either enter into an agreement	76330
with the entity that is to receive the funds or distribute the	76331
funds in accordance with rules adopted under division (F) of this	76332
section. If the department decides to enter into an agreement to	76333
distribute the funds, the agreement may include terms that do any	76334
of the following:	76335

(1) Provide for the whole or partial reimbursement of any	76336
cost incurred by the entity in implementing the program;	76337

(2) In the event that federal financial participation is	76338
disallowed or otherwise unavailable for any expenditure, require	76339
the department ~~of job and family services~~ or the entity, whichever	76340
party caused the disallowance or unavailability of federal	76341
financial participation, to assume responsibility for the	76342
expenditures;	76343

(3) Permit the department to retain not more than five per	76344
cent of the amount of the federal financial participation to be	76345
distributed to the entity;	76346

(4) Require the public entity to certify the availability of	76347
sufficient unencumbered funds to match the federal financial	76348
participation it receives under this section;	76349

(5) Establish the length of the agreement, which may be for a	76350
fixed or a continuing period of time;	76351

(6) Establish any other requirements determined by the	76352
department to be necessary for the efficient administration of the	76353
agreement.	76354

(E) An entity that receives federal financial participation	76355
pursuant to this section for a program aiding children and their	76356
families shall establish a process for collaborative planning with	76357
the department ~~of job and family services~~ for the use of the funds	76358
to improve and expand the program.	76359

(F) The director of job and family services shall adopt rules	76360
as necessary to implement this section, including rules for the	76361
distribution of federal financial participation pursuant to this	76362
section. The rules shall be adopted in accordance with Chapter	76363
119. of the Revised Code. The director may adopt or amend any	76364
statewide plan required by the federal government for a program	76365
administered by the department, as necessary to implement this	76366
section.	76367

(G) Federal financial participation received pursuant to this	76368
section shall not be included in any calculation made under	76369
section 5101.16 or 5101.161 of the Revised Code.	76370

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	76371
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	76372
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	76373

(B) The department of job and family services shall act as	76374
the single state agency to administer federal payments for foster	76375
care and adoption assistance made pursuant to Title IV-E. The	76376
director of job and family services shall adopt rules to implement	76377
this authority. Rules governing financial and administrative	76378
requirements applicable to public children services agencies and	76379
government entities that provide Title IV-E reimbursable placement	76380
services to children shall be adopted in accordance with section	76381
111.15 of the Revised Code, as if they were internal management	76382
rules. Rules governing requirements applicable to private child	76383
placing agencies and private noncustodial agencies and rules	76384
establishing eligibility, program participation, and other	76385
requirements concerning Title IV-E shall be adopted in accordance	76386
with Chapter 119. of the Revised Code. A public children services	76387
agency to which the department distributes Title IV-E funds shall	76388
administer the funds in accordance with those rules.	76389

(C)(1) The county, on behalf of each child eligible for	76390
foster care maintenance payments under Title IV-E, shall make	76391
payments to cover the cost of providing all of the following:	76392

(a) The child's food, clothing, shelter, daily supervision,	76393
and school supplies;	76394

(b) The child's personal incidentals;

76395

76396

(2) In addition to payments made under division (C)(1) of	76397
this section, the county may, on behalf of each child eligible for	76398
foster care maintenance payments under Title IV-E, make payments	76399
to cover the cost of providing the following:	76400

(a) Liability insurance with respect to the child;

76401

(b) If the county is participating in the demonstration	76402
project established under division (A) of section 5101.142 of the	76403
Revised Code, services provided under the project.	76404

(3) With respect to a child who is in a child-care	76405
institution, including any type of group home designed for the	76406
care of children or any privately operated program consisting of	76407
two or more certified foster homes operated by a common	76408
administrative unit, the foster care maintenance payments made by	76409
the county on behalf of the child shall include the reasonable	76410
cost of the administration and operation of the institution, group	76411
home, or program, as necessary to provide the items described in	76412
divisions (C)(1) and (2) of this section.	76413

(D) To the extent that either foster care maintenance	76414
payments under division (C) of this section or Title IV-E adoption	76415
assistance payments for maintenance costs require the expenditure	76416
of county funds, the board of county commissioners shall report	76417
the nature and amount of each expenditure of county funds to the	76418
department.	76419

(E) The department shall distribute to public children	76420
services agencies that incur and report expenditures of the type	76421
described in division (D) of this section federal financial	76422
participation received for administrative and training costs	76423
incurred in the operation of foster care maintenance and adoption	76424
assistance programs. The department may withhold not more than	76425
three per cent of the federal financial participation received.	76426
The funds withheld may be used only to fund the following:	76427

(1) The Ohio child welfare training program established under	76428
section 5103.30 of the Revised Code;	76429

(2) The university partnership program for college and	76430
university students majoring in social work who have committed to	76431
work for a public children services agency upon graduation;	76432

(3) Efforts supporting organizational excellence, including	76433
voluntary activities to be accredited by a nationally recognized	76434
accreditation organization.	76435

The funds withheld shall be in addition to any administration	76436
and training cost for which the department is reimbursed through	76437
its own cost allocation plan.	76438

(F) All federal financial participation funds received by a	76439
county pursuant to this section shall be deposited into the	76440
county's children services fund created pursuant to section	76441
5101.144 of the Revised Code.	76442

(G) The department shall periodically publish and distribute	76443
the maximum amounts that the department will reimburse public	76444
children services agencies for making payments on behalf of	76445
children eligible for foster care maintenance payments.	76446

(H) The department, by and through its director, is hereby	76447
authorized to develop, participate in the development of,	76448
negotiate, and enter into one or more interstate compacts on	76449
behalf of this state with agencies of any other states, for the	76450
provision of ~~medical assistance and other~~ social services to	76451
children in relation to whom all of the following apply:	76452

(1) They have special needs.

76453

(2) This state or another state that is a party to the	76454
interstate compact is providing adoption assistance on their	76455
behalf.	76456

(3) They move into this state from another state or move out	76457
of this state to another state.	76458

Sec. 5101.16. (A) As used in this section and sections	76459
5101.161 and 5101.162 of the Revised Code:	76460

(1) "Disability financial assistance" means the financial	76461
assistance program established under Chapter 5115. of the Revised	76462
Code.	76463

(2) "Supplemental nutrition assistance program" means the	76464
program administered by the department of job and family services	76465
pursuant to section 5101.54 of the Revised Code.	76466

(3) ~~"Medicaid" means the medical assistance program~~	76467
~~established by Chapter 5111. of the Revised Code, excluding~~	76468
~~transportation services provided under that chapter.~~	76469

~~(4)~~ "Ohio works first" means the program established by	76470
Chapter 5107. of the Revised Code.	76471

~~(5)~~(4) "Prevention, retention, and contingency" means the	76472
program established by Chapter 5108. of the Revised Code.	76473

~~(6)~~(5) "Public assistance expenditures" means expenditures	76474
for all of the following:	76475

(a) Ohio works first;

76476

(b) County administration of Ohio works first;

76477

76478

(d) County administration of prevention, retention, and	76479
contingency;	76480

(e) Disability financial assistance;

76481

(f) County administration of disability financial assistance;

76482

(g) County administration of the supplemental nutrition	76483
assistance program;	76484

(h) County administration of medicaid, excluding	76485
administrative expenditures for transportation services covered by	76486
the medicaid program.	76487

(7) "Title IV-A program" has the same meaning as in section	76488
5101.80 of the Revised Code.	76489

(B) Each board of county commissioners shall pay the county	76490
share of public assistance expenditures in accordance with section	76491
5101.161 of the Revised Code. Except as provided in division (C)	76492
of this section, a county's share of public assistance	76493
expenditures is the sum of all of the following for state fiscal	76494
year 1998 and each state fiscal year thereafter:	76495

(1) The amount that is twenty-five per cent of the county's	76496
total expenditures for disability financial assistance and county	76497
administration of that program during the state fiscal year ending	76498
in the previous calendar year that the department of job and	76499
family services determines are allowable.	76500

(2) The amount that is ten per cent, or other percentage	76501
determined under division (D) of this section, of the county's	76502
total expenditures for county administration of the supplemental	76503
nutrition assistance program and medicaid (excluding	76504
administrative expenditures for transportation services covered by	76505
the medicaid program) during the state fiscal year ending in the	76506
previous calendar year that the department determines are	76507
allowable, less the amount of federal reimbursement credited to	76508
the county under division (E) of this section for the state fiscal	76509
year ending in the previous calendar year;	76510

(3) A percentage of the actual amount of the county share of	76511
program and administrative expenditures during federal fiscal year	76512
1994 for assistance and services, other than child care, provided	76513
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	76514
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	76515
enactment of the "Personal Responsibility and Work Opportunity	76516
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	76517
and family services shall determine the actual amount of the	76518
county share from expenditure reports submitted to the United	76519
States department of health and human services. The percentage	76520
shall be the percentage established in rules adopted under	76521
division (F) of this section.	76522

(C)(1) If a county's share of public assistance expenditures	76523
determined under division (B) of this section for a state fiscal	76524
year exceeds one hundred five per cent of the county's share for	76525
those expenditures for the immediately preceding state fiscal	76526
year, the department of job and family services shall reduce the	76527
county's share for expenditures under divisions (B)(1) and (2) of	76528
this section so that the total of the county's share for	76529
expenditures under division (B) of this section equals one hundred	76530
five per cent of the county's share of those expenditures for the	76531
immediately preceding state fiscal year.	76532

(2) A county's share of public assistance expenditures	76533
determined under division (B) of this section may be increased	76534
pursuant to section 5101.163 of the Revised Code and a sanction	76535
under section 5101.24 of the Revised Code. An increase made	76536
pursuant to section 5101.163 of the Revised Code may cause the	76537
county's share to exceed the limit established by division (C)(1)	76538
of this section.	76539

(D)(1) If the per capita tax duplicate of a county is less	76540
than the per capita tax duplicate of the state as a whole and	76541
division (D)(2) of this section does not apply to the county, the	76542
percentage to be used for the purpose of division (B)(2) of this	76543
section is the product of ten multiplied by a fraction of which	76544
the numerator is the per capita tax duplicate of the county and	76545
the denominator is the per capita tax duplicate of the state as a	76546
whole. The department of job and family services shall compute the	76547
per capita tax duplicate for the state and for each county by	76548
dividing the tax duplicate for the most recent available year by	76549
the current estimate of population prepared by the ~~department of~~	76550
development services agency.	76551

(2) If the percentage of families in a county with an annual	76552
income of less than three thousand dollars is greater than the	76553
percentage of such families in the state and division (D)(1) of	76554
this section does not apply to the county, the percentage to be	76555
used for the purpose of division (B)(2) of this section is the	76556
product of ten multiplied by a fraction of which the numerator is	76557
the percentage of families in the state with an annual income of	76558
less than three thousand dollars a year and the denominator is the	76559
percentage of such families in the county. The department of job	76560
and family services shall compute the percentage of families with	76561
an annual income of less than three thousand dollars for the state	76562
and for each county by multiplying the most recent estimate of	76563
such families published by the ~~department of~~ development services	76564
agency, by a fraction, the numerator of which is the estimate of	76565
average annual personal income published by the bureau of economic	76566
analysis of the United States department of commerce for the year	76567
on which the census estimate is based and the denominator of which	76568
is the most recent such estimate published by the bureau.	76569

(3) If the per capita tax duplicate of a county is less than	76570
the per capita tax duplicate of the state as a whole and the	76571
percentage of families in the county with an annual income of less	76572
than three thousand dollars is greater than the percentage of such	76573
families in the state, the percentage to be used for the purpose	76574
of division (B)(2) of this section shall be determined as follows:	76575

(a) Multiply ten by the fraction determined under division	76576
(D)(1) of this section;	76577

(b) Multiply the product determined under division (D)(3)(a)	76578
of this section by the fraction determined under division (D)(2)	76579
of this section.	76580

(4) The department of job and family services shall	76581
determine, for each county, the percentage to be used for the	76582
purpose of division (B)(2) of this section not later than the	76583
first day of July of the year preceding the state fiscal year for	76584
which the percentage is used.	76585

(E) The department of job and family services shall credit to	76586
a county the amount of federal reimbursement the department	76587
receives from the United States departments of agriculture and	76588
health and human services for the county's expenditures for	76589
administration of the supplemental nutrition assistance program	76590
and medicaid (excluding administrative expenditures for	76591
transportation services covered by the medicaid program) that the	76592
department determines are allowable administrative expenditures.	76593

(F)(1) The director of job and family services shall adopt	76594
rules in accordance with section 111.15 of the Revised Code to	76595
establish all of the following:	76596

(a) The method the department is to use to change a county's	76597
share of public assistance expenditures determined under division	76598
(B) of this section as provided in division (C) of this section;	76599

(b) The allocation methodology and formula the department	76600
will use to determine the amount of funds to credit to a county	76601
under this section;	76602

(c) The method the department will use to change the payment	76603
of the county share of public assistance expenditures from a	76604
calendar-year basis to a state fiscal year basis;	76605

(d) The percentage to be used for the purpose of division	76606
(B)(3) of this section, which shall, except as provided in section	76607
5101.163 of the Revised Code, meet both of the following	76608
requirements:	76609

(i) The percentage shall not be less than seventy-five per	76610
cent nor more than eighty-two per cent;	76611

(ii) The percentage shall not exceed the percentage that the	76612
state's qualified state expenditures is of the state's historic	76613
state expenditures as those terms are defined in 42 U.S.C.	76614
609(a)(7).	76615

(e) Other procedures and requirements necessary to implement	76616
this section.	76617

(2) The director of job and family services may amend the	76618
rule adopted under division (F)(1)(d) of this section to modify	76619
the percentage on determination that the amount the general	76620
assembly appropriates for Title IV-A programs makes the	76621
modification necessary. The rule shall be adopted and amended as	76622
if an internal management rule and in consultation with the	76623
director of budget and management.	76624

Sec. 5101.162. Subject to available federal funds and	76625
appropriations made by the general assembly, the department of job	76626
and family services may, at its sole discretion, use available	76627
federal funds to reimburse county expenditures for county	76628
administration of the supplemental nutrition assistance program or	76629
medicaid (excluding administrative expenditures for transportation	76630
services covered by the medicaid program) even though the county	76631
expenditures meet or exceed the maximum allowable reimbursement	76632
amount established by rules adopted under section 5101.161 of the	76633
Revised Code. The director of job and family services may adopt	76634
internal management rules in accordance with section 111.15 of the	76635
Revised Code to implement this section.	76636

Sec. 5101.18. ~~(A)~~ When the director of job and family	76637
services adopts rules under section 5107.05 regarding income	76638
requirements for the Ohio works first program and under section	76639
5115.03 of the Revised Code regarding income and resource	76640
requirements for the disability financial assistance program, the	76641
director shall determine what payments shall be regarded or	76642
disregarded. In making this determination, the director shall	76643
consider:	76644

~~(1)~~(A) The source of the payment;

76645

~~(2)~~(B) The amount of the payment;

76646

~~(3)~~(C) The purpose for which the payment was made;

76647

~~(4)~~(D) Whether regarding the payment as income would be in	76648
the public interest;	76649

~~(5)~~(E) Whether treating the payment as income would be	76650
detrimental to any of the programs administered in whole or in	76651
part by the department of job and family services and whether such	76652
determination would jeopardize the receipt of any federal grant or	76653
payment by the state or any receipt of aid under Chapter 5107. of	76654
the Revised Code.	76655

~~(B) Any recipient of aid under Title XVI of the "Social~~	76656
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,~~	76657
~~whose money payment is discontinued as the result of a general~~	76658
~~increase in old-age, survivors, and disability insurance benefits~~	76659
~~under such act, shall remain a recipient for the purpose of~~	76660
~~receiving medical assistance through the medical assistance~~	76661
~~program established under section 5111.01 of the Revised Code.~~	76662

Sec. 5101.181. (A) As used in this section and section	76663
5101.182 of the Revised Code:	76664

~~(1) "Public~~, "public assistance" means any or all of the	76665
following:	76666

~~(a)~~(1) Ohio works first;

76667

~~(b)~~(2) Prevention, retention, and contingency;

76668

~~(c)~~(3) Disability financial assistance;

76669

~~(d)~~(4) General assistance provided prior to July 17, 1995,	76670
under former Chapter 5113. of the Revised Code.	76671

~~(2) "Medical assistance" means medical assistance provided~~	76672
~~pursuant to, or under programs established by, section 5101.49,~~	76673
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	76674
~~provision of the Revised Code.~~	76675

(B) As part of the procedure for the determination of	76676
overpayment to a recipient of public assistance under Chapter	76677
5107., 5108., or 5115. of the Revised Code, the director of job	76678
and family services may furnish quarterly the name and social	76679
security number of each individual who receives public assistance	76680
to the director of administrative services, the administrator of	76681
the bureau of workers' compensation, and each of the state's	76682
retirement boards. Within fourteen days after receiving the name	76683
and social security number of an individual who receives public	76684
assistance, the director of administrative services,	76685
administrator, or board shall inform the auditor of state as to	76686
whether such individual is receiving wages or benefits, the amount	76687
of any wages or benefits being received, the social security	76688
number, and the address of the individual. The director of	76689
administrative services, administrator, boards, and any agent or	76690
employee of those officials and boards shall comply with the rules	76691
of the director of job and family services restricting the	76692
disclosure of information regarding recipients of public	76693
assistance. Any person who violates this provision shall	76694
thereafter be disqualified from acting as an agent or employee or	76695
in any other capacity under appointment or employment of any state	76696
board, commission, or agency.	76697

(C) The auditor of state may enter into a reciprocal	76698
agreement with the director of job and family services or	76699
comparable officer of any other state for the exchange of names,	76700
current or most recent addresses, or social security numbers of	76701
persons receiving public assistance under Title IV-A of the	76702
"Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C. ~~301, as~~	76703
~~amended~~601 et seq.	76704

(D) The auditor of state shall retain, for not less than two	76705
years, at least one copy of all information received under this	76706
section and sections 145.27, 742.41, 3307.20, 3309.22, 4123.27,	76707
5101.182, and 5505.04 of the Revised Code.	76708

(E) ~~On the request of the director of job and family~~	76709
~~services, the auditor of state may conduct an audit of an~~	76710
~~individual who receives medical assistance. If the auditor decides~~	76711
~~to conduct an audit, the auditor shall enter into an interagency~~	76712
~~agreement with the department of~~ ~~job and family services~~ that	76713
specifies that the auditor agrees to comply with section 5101.271	76714
of the Revised Code with respect to any information the auditor	76715
receives pursuant to the audit.	76716

~~(F)~~ The auditor shall review the information described in	76717
division (D) of this section to determine whether overpayments	76718
were made to recipients of public assistance under Chapters 5107.,	76719
5108., and 5115. of the Revised Code. The auditor of state shall	76720
initiate action leading to prosecution, where warranted, of	76721
recipients who received overpayments by forwarding the name of	76722
each recipient who received overpayment, together with other	76723
pertinent information, to the director of job and family services,	76724
the attorney general, and the county director of job and family	76725
services and county prosecutor of the county through which public	76726
assistance was received.	76727

~~(G)~~(F) The auditor of state and the attorney general or their	76728
designees may examine any records, whether in computer or printed	76729
format, in the possession of the director of job and family	76730
services or any county director of job and family services. They	76731
shall provide safeguards which restrict access to such records to	76732
purposes directly connected with an audit or investigation,	76733
prosecution, or criminal or civil proceeding conducted in	76734
connection with the administration of the programs and shall	76735
comply with ~~sections~~section 5101.27 ~~and 5101.271~~ of the Revised	76736
Code and ~~adopts~~ rules ofadopted by the director of job and family	76737
services restricting the disclosure of information regarding	76738
recipients of public assistance ~~or medical assistance~~. Any person	76739
who violates this provision shall thereafter be disqualified from	76740
acting as an agent or employee or in any other capacity under	76741
appointment or employment of any state board, commission, or	76742
agency.	76743

~~(H)~~(G) Costs incurred by the auditor of state in carrying out	76744
the auditor of state's duties under this section shall be borne by	76745
the auditor of state.	76746

Sec. 5101.183. (A) ~~Except as provided in section 5111.12 of~~	76747
~~the Revised Code, the~~The director of job and family services, in	76748
accordance with section 111.15 of the Revised Code, may adopt	76749
rules under which county family services agencies shall take	76750
action to recover the cost of the following benefits and services	76751
available under programs administered by the department of job and	76752
family services:	76753

(1) Benefits or services provided to any of the following:

76754

(a) Persons who were not eligible for the benefits or	76755
services but who secured the benefits or services through fraud or	76756
misrepresentation;	76757

(b) Persons who were eligible for the benefits or services	76758
but who intentionally diverted the benefits or services to other	76759
persons who were not eligible for the benefits or services.	76760

(2) Any benefits or services provided by a county family	76761
services agency for which recovery is required or permitted by	76762
federal law for the federal programs administered by the agency.	76763

(B) A county family services agency may bring a civil action	76764
against a recipient of benefits or services to recover any costs	76765
described in division (A) of this section.	76766

(C) A county family services agency shall retain any money it	76767
recovers under division (A) of this section and shall use the	76768
money to meet a family services duty, except that, if federal law	76769
requires the department of job and family services to return any	76770
portion of the money so recovered to the federal government, the	76771
county family services agency shall pay that portion to the	76772
department of job and family services.	76773

Sec. 5101.184. (A) The director of job and family services	76774
shall work with the tax commissioner to collect overpayments of	76775
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	76776
5113., or section 5101.54 of the Revised Code from refunds of	76777
state income taxes for taxable year 1992 and thereafter that are	76778
payable to the recipients of such overpayments.	76779

Any overpayment of assistance, whether obtained by fraud or	76780
misrepresentation, as the result of an error by the recipient or	76781
by the agency making the payment, or in any other manner, may be	76782
collected under this section. Any reduction under section 5747.12	76783
or 5747.121 of the Revised Code to an income tax refund shall be	76784
made before a reduction under this section. No reduction shall be	76785
made under this section if the amount of the refund is less than	76786
twenty-five dollars after any reduction under section 5747.12 of	76787
the Revised Code. A reduction under this section shall be made	76788
before any part of the refund is contributed under section	76789
5747.113 of the Revised Code, or is credited under section 5747.12	76790
of the Revised Code against tax due in any subsequent year.	76791

The director and the tax commissioner, by rules adopted in	76792
accordance with Chapter 119. of the Revised Code, shall establish	76793
procedures to implement this division. The procedures shall	76794
provide for notice to a recipient of assistance and an opportunity	76795
for the recipient to be heard before the recipient's income tax	76796
refund is reduced.	76797

(B) The director of job and family services may enter into	76798
agreements with the federal government to collect overpayments of	76799
assistance from refunds of federal income taxes that are payable	76800
to recipients of the overpayments.	76801

Sec. 5101.26. As used in this section and in sections	76802
5101.27 to 5101.30 of the Revised Code:	76803

(A) "County agency" means a county department of job and	76804
family services or a public children services agency.	76805

(B) "Fugitive felon" means an individual who is fleeing to	76806
avoid prosecution, or custody or confinement after conviction,	76807
under the laws of the place from which the individual is fleeing,	76808
for a crime or an attempt to commit a crime that is a felony under	76809
the laws of the place from which the individual is fleeing or, in	76810
the case of New Jersey, a high misdemeanor, regardless of whether	76811
the individual has departed from the individual's usual place of	76812
residence.	76813

(C) "Information" means records as defined in section 149.011	76814
of the Revised Code, any other documents in any format, and data	76815
derived from records and documents that are generated, acquired,	76816
or maintained by the department of job and family services, a	76817
county agency, or an entity performing duties on behalf of the	76818
department or a county agency.	76819

(D) "Law enforcement agency" means the state highway patrol,	76820
an agency that employs peace officers as defined in section 109.71	76821
of the Revised Code, the adult parole authority, a county	76822
department of probation, a prosecuting attorney, the attorney	76823
general, similar agencies of other states, federal law enforcement	76824
agencies, and postal inspectors. "Law enforcement agency" includes	76825
the peace officers and other law enforcement officers employed by	76826
the agency.	76827

(E) ~~"Medical assistance" means medical assistance provided~~	76828
~~pursuant to, or under programs established by, section 5101.49,~~	76829
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	76830
~~provision of the Revised Code.~~	76831

~~(F) "Medical assistance recipient" means an applicant for or~~	76832
~~recipient or former recipient of medical assistance.~~	76833

~~(G)~~ "Public assistance" means financial assistance or social	76834
services that are ~~not medical assistance~~ provided under a program	76835
administered by the department of job and family services or a	76836
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	76837
5108., or 5115. of the Revised Code or an executive order issued	76838
under section 107.17 of the Revised Code. "Public assistance" does	76839
not mean medical assistance provided under a medical assistance	76840
program, as defined in section 5160.01 of the Revised Code.	76841

~~(H)~~(F) "Public assistance recipient" means an applicant for	76842
or recipient or former recipient of public assistance.	76843

Sec. 5101.272. (A) For the purposes of ~~sections~~section	76844
5101.27 ~~and 5101.271~~ of the Revised Code, an authorization shall	76845
be made on a form that uses language understandable to the average	76846
person and contains all of the following:	76847

(1) A description of the information to be used or disclosed	76848
that identifies the information in a specific and meaningful	76849
fashion;	76850

(2) The name or other specific identification of the person	76851
or class of persons authorized to make the requested use or	76852
disclosure;	76853

(3) The name or other specific identification of the person	76854
or governmental entity to which the information may be released;	76855

(4) A description of each purpose of the requested use or	76856
disclosure of the information;	76857

(5) The date on which the authorization expires or an event	76858
related either to the individual who is the subject of the request	76859
or to the purposes of the requested use or disclosure, the	76860
occurrence of which will cause the authorization to expire;	76861

(6) A statement that the information used or disclosed	76862
pursuant to the authorization may be disclosed by the recipient of	76863
the information and may no longer be protected from disclosure;	76864

(7) The signature of the individual or the individual's	76865
authorized representative and the date on which the authorization	76866
was signed;	76867

(8) If signed by an authorized representative, a description	76868
of the representative's authority to act for the individual;	76869

(9) A statement of the individual or authorized	76870
representative's right to prospectively revoke the written	76871
authorization in writing, along with one of the following:	76872

(a) A description of how the individual or authorized	76873
representative may revoke the authorization;	76874

(b) If the department of job and family services' privacy	76875
notice contains a description of how the individual or authorized	76876
representative may revoke the authorization, a reference to that	76877
privacy notice.	76878

(10) A statement that treatment, payment, enrollment, or	76879
eligibility for public assistance ~~or medical assistance~~ cannot be	76880
conditioned on signing the authorization unless the authorization	76881
is necessary for determining eligibility for the public assistance	76882
~~or medical assistance~~ program.	76883

(B) ~~An authorization for the release of information regarding~~	76884
~~a medical assistance recipient to the recipient's attorney under~~	76885
~~division (C)(3) of section 5101.271 of the Revised Code may~~	76886
~~include a provision specifically authorizing the release of the~~	76887
~~recipient's electronic health records, if any, in accordance with~~	76888
~~rules the director of job and family services adopts under section~~	76889
~~5101.30 of the Revised Code.~~	76890

~~(C)~~ When an individual requests information pursuant to	76891
section 5101.27 ~~or 5101.271~~ of the Revised Code regarding the	76892
individual's receipt of public assistance ~~or medical assistance~~	76893
and does not wish to provide a statement of purpose, the statement	76894
"at request of the individual" is a sufficient description for	76895
purposes of division (A)(4) of this section.	76896

Sec. 5101.273. The department of job and family services	76897
shall enter into any necessary agreements with the United States	76898
department of health and human services and neighboring states to	76899
join and participate as an active member in the public assistance	76900
reporting information system. The department may disclose	76901
information regarding a public assistance recipient ~~or medical~~	76902
~~assistance recipient~~ to the extent necessary to participate as an	76903
active member in the public assistance reporting information	76904
system.	76905

Sec. 5101.30. (A) The director of job and family services	76906
shall adopt rules in accordance with Chapter 119. of the Revised	76907
Code implementing sections 5101.26 to 5101.30 of the Revised Code	76908
and governing the custody, use, disclosure, and preservation of	76909
the information generated or received by the department of job and	76910
family services, county agencies, other state and county entities,	76911
contractors, grantees, private entities, or officials	76912
participating in the administration of public assistance or	76913
~~medical assistance~~ programs. The rules shall comply with	76914
applicable federal statutes and regulations.	76915

(1) The rules shall specify conditions and procedures for the	76916
release of information which may include, among other conditions	76917
and procedures, both of the following:	76918

(a) Permitting providers of services or assistance under	76919
public assistance programs limited access to information that is	76920
essential for the providers to render services or assistance or to	76921
bill for services or assistance rendered. The department of aging,	76922
when investigating a complaint under section 173.20 of the Revised	76923
Code, shall be granted any limited access permitted in the rules	76924
pursuant to division (A)(1) of this section.	76925

(b) Permitting a contractor, grantee, or other state or	76926
county entity limited access to information that is essential for	76927
the contractor, grantee, or entity to perform administrative or	76928
other duties on behalf of the department or county agency. A	76929
contractor, grantee, or entity given access to information	76930
pursuant to division (A)(2) of this section is bound by the	76931
director's rules, and disclosure of the information by the	76932
contractor, grantee, or entity in a manner not authorized by the	76933
rules is a violation of section 5101.27 of the Revised Code.	76934

(2) The rules may define who is an "authorized	76935
representative" for purposes of sections 5101.27~~, 5101.271,~~ and	76936
5101.272 of the Revised Code.	76937

(B) Whenever names, addresses, or other information relating	76938
to public assistance recipients is held by any agency other than	76939
the department or a county agency, that other agency shall adopt	76940
rules consistent with sections 5101.26 to 5101.30 of the Revised	76941
Code to prevent the publication or disclosure of names, lists, or	76942
other information concerning those recipients.	76943

Sec. 5101.34. (A) There is hereby created in the department	76944
of job and family services the Ohio commission on fatherhood. The	76945
commission shall consist of the following members:	76946

(1)(a) Four members of the house of representatives appointed	76947
by the speaker of the house, not more than two of whom are members	76948
of the same political party. Two of the members must be from	76949
legislative districts that include a county or part of a county	76950
that is among the one-third of counties in this state with the	76951
highest number per capita of households headed by females.	76952

(b) Two members of the senate appointed by the president of	76953
the senate, each from a different political party. One of the	76954
members must be from a legislative district that includes a county	76955
or part of a county that is among the one-third of counties in	76956
this state with the highest number per capita of households headed	76957
by females.	76958

(2) The governor, or the governor's designee;

76959

(3) One representative of the judicial branch of government	76960
appointed by the chief justice of the supreme court;	76961

(4) The directors of health, job and family services,	76962
rehabilitation and correction, ~~alcohol and drug addiction services~~	76963
mental health and addiction services, and youth services and the	76964
superintendent of public instruction, or their designees;	76965

(5) One representative of the Ohio family and children first	76966
cabinet council created under section 121.37 of the Revised Code	76967
appointed by the chairperson of the council;	76968

(6) Five representatives of the general public appointed by	76969
the governor. These members shall have extensive experience in	76970
issues related to fatherhood.	76971

(B) The appointing authorities of the Ohio commission on	76972
fatherhood shall make initial appointments to the commission	76973
within thirty days after September 29, 1999. Of the initial	76974
appointments to the commission made pursuant to divisions (A)(3),	76975
(5), and (6) of this section, three of the members shall serve a	76976
term of one year and four shall serve a term of two years. Members	76977
so appointed subsequently shall serve two-year terms. A member	76978
appointed pursuant to division (A)(1) of this section shall serve	76979
on the commission until the end of the general assembly from which	76980
the member was appointed or until the member ceases to serve in	76981
the chamber of the general assembly in which the member serves at	76982
the time of appointment, whichever occurs first. The governor or	76983
the governor's designee shall serve on the commission until the	76984
governor ceases to be governor. The directors and superintendent	76985
or their designees shall serve on the commission until they cease,	76986
or the director or superintendent a designee represents ceases, to	76987
be director or superintendent. Each member shall serve on the	76988
commission from the date of appointment until the end of the term	76989
for which the member was appointed. Members may be reappointed.	76990

Vacancies shall be filled in the manner provided for original	76991
appointments. Any member appointed to fill a vacancy occurring	76992
prior to the expiration date of the term for which the member's	76993
predecessor was appointed shall serve on the commission for the	76994
remainder of that term. A member shall continue to serve on the	76995
commission subsequent to the expiration date of the member's term	76996
until the member's successor is appointed or until a period of	76997
sixty days has elapsed, whichever occurs first. Members shall	76998
serve without compensation but shall be reimbursed for necessary	76999
expenses.	77000

Sec. 5101.35. (A) As used in this section:

77001

(1)(a) "Agency" means the following entities that administer	77002
a family services program:	77003

~~(a)~~(i) The department of job and family services;

77004

~~(b)~~(ii) A county department of job and family services;

77005

~~(c)~~(iii) A public children services agency;

77006

~~(d)~~(iv) A private or government entity administering, in	77007
whole or in part, a family services program for or on behalf of	77008
the department of job and family services or a county department	77009
of job and family services or public children services agency.	77010

(b) If the department of medicaid contracts with the	77011
department of job and family services to hear appeals authorized	77012
by section 5160.31 of the Revised Code regarding medical	77013
assistance programs, "agency" includes the department of medicaid.	77014

(2) "Appellant" means an applicant, participant, former	77015
participant, recipient, or former recipient of a family services	77016
program who is entitled by federal or state law to a hearing	77017
regarding a decision or order of the agency that administers the	77018
program.	77019

(3)(a) "Family services program" means ~~assistance provided~~	77020
~~under a~~all of the following:	77021

(i) A Title IV-A program as defined in section 5101.80 of the	77022
Revised Code or;	77023

(ii) Programs that provide assistance under Chapter 5104.,	77024
~~5111.,~~ or 5115. orof the Revised Code;	77025

(iii) Programs that provide assistance under section ~~5119.69,~~	77026
5101.141, ~~5101.46,~~ 5101.461, 5101.54, 5119.41, 5153.163, or	77027
5153.165 of the Revised Code,;	77028

(iv) Title XX social services provided under section 5101.46	77029
of the Revised Code, other than ~~assistance~~such services provided	77030
~~under section 5101.46 of the Revised Code~~ by the department of	77031
~~mental health~~mental health and addiction services, the department	77032
of developmental disabilities, a board of alcohol, drug addiction,	77033
and mental health services, or a county board of developmental	77034
disabilities.	77035

(b) If the department of medicaid contracts with the	77036
department of job and family services to hear appeals authorized	77037
by section 5160.31 of the Revised Code regarding medical	77038
assistance programs, "family services program" includes medical	77039
assistance programs.	77040

(4) "Medical assistance program" has the same meaning as in	77041
section 5160.01 of the Revised Code.	77042

(B) Except as provided by divisions (G) and (H) of this	77043
section, an appellant who appeals under federal or state law a	77044
decision or order of an agency administering a family services	77045
program shall, at the appellant's request, be granted a state	77046
hearing by the department of job and family services. This state	77047
hearing shall be conducted in accordance with rules adopted under	77048
this section. The state hearing shall be recorded, but neither the	77049
recording nor a transcript of the recording shall be part of the	77050
official record of the proceeding. AExcept as provided in section	77051
5160.31 of the Revised Code, a state hearing decision is binding	77052
upon the agency and department, unless it is reversed or modified	77053
on appeal to the director of job and family services or a court of	77054
common pleas.	77055

(C) Except as provided by division (G) of this section, an	77056
appellant who disagrees with a state hearing decision may make an	77057
administrative appeal to the director of job and family services	77058
in accordance with rules adopted under this section. This	77059
administrative appeal does not require a hearing, but the director	77060
or the director's designee shall review the state hearing decision	77061
and previous administrative action and may affirm, modify, remand,	77062
or reverse the state hearing decision. An administrative appeal	77063
decision is the final decision of the department and, except as	77064
provided in section 5160.31 of the Revised Code, is binding upon	77065
the department and agency, unless it is reversed or modified on	77066
appeal to the court of common pleas.	77067

(D) An agency shall comply with a decision issued pursuant to	77068
division (B) or (C) of this section within the time limits	77069
established by rules adopted under this section. If a county	77070
department of job and family services or a public children	77071
services agency fails to comply within these time limits, the	77072
department may take action pursuant to section 5101.24 of the	77073
Revised Code. If another agency, other than the department of	77074
medicaid, fails to comply within the time limits, the department	77075
may force compliance by withholding funds due the agency or	77076
imposing another sanction established by rules adopted under this	77077
section.	77078

(E) An appellant who disagrees with an administrative appeal	77079
decision of the director of job and family services or the	77080
director's designee issued under division (C) of this section may	77081
appeal from the decision to the court of common pleas pursuant to	77082
section 119.12 of the Revised Code. The appeal shall be governed	77083
by section 119.12 of the Revised Code except that:	77084

(1) The person may appeal to the court of common pleas of the	77085
county in which the person resides, or to the court of common	77086
pleas of Franklin county if the person does not reside in this	77087
state.	77088

(2) The person may apply to the court for designation as an	77089
indigent and, if the court grants this application, the appellant	77090
shall not be required to furnish the costs of the appeal.	77091

(3) The appellant shall mail the notice of appeal to the	77092
department of job and family services and file notice of appeal	77093
with the court within thirty days after the department mails the	77094
administrative appeal decision to the appellant. For good cause	77095
shown, the court may extend the time for mailing and filing notice	77096
of appeal, but such time shall not exceed six months from the date	77097
the department mails the administrative appeal decision. Filing	77098
notice of appeal with the court shall be the only act necessary to	77099
vest jurisdiction in the court.	77100

(4) The department shall be required to file a transcript of	77101
the testimony of the state hearing with the court only if the	77102
court orders the department to file the transcript. The court	77103
shall make such an order only if it finds that the department and	77104
the appellant are unable to stipulate to the facts of the case and	77105
that the transcript is essential to a determination of the appeal.	77106
The department shall file the transcript not later than thirty	77107
days after the day such an order is issued.	77108

(F) The department of job and family services shall adopt	77109
rules in accordance with Chapter 119. of the Revised Code to	77110
implement this section, including rules governing the following:	77111

(1) State hearings under division (B) of this section. The	77112
rules shall include provisions regarding notice of eligibility	77113
termination and the opportunity of an appellant appealing a	77114
decision or order of a county department of job and family	77115
services to request a county conference with the county department	77116
before the state hearing is held.	77117

(2) Administrative appeals under division (C) of this	77118
section;	77119

(3) Time limits for complying with a decision issued under	77120
division (B) or (C) of this section;	77121

(4) Sanctions that may be applied against an agency under	77122
division (D) of this section.	77123

(G) The department of job and family services may adopt rules	77124
in accordance with Chapter 119. of the Revised Code establishing	77125
an appeals process for an appellant who appeals a decision or	77126
order regarding a Title IV-A program identified under division	77127
(A)(4)(c), (d), (e), or (f), or (g) of section 5101.80 of the	77128
Revised Code that is different from the appeals process	77129
established by this section. The different appeals process may	77130
include having a state agency that administers the Title IV-A	77131
program pursuant to an interagency agreement entered into under	77132
section 5101.801 of the Revised Code administer the appeals	77133
process.	77134

(H) If an appellant receiving medicaid through a health	77135
insuring corporation that holds a certificate of authority under	77136
Chapter 1751. of the Revised Code is appealing a denial of	77137
medicaid services based on lack of medical necessity or other	77138
clinical issues regarding coverage by the health insuring	77139
corporation, the person hearing the appeal may order an	77140
independent medical review if that person determines that a review	77141
is necessary. The review shall be performed by a health care	77142
professional with appropriate clinical expertise in treating the	77143
recipient's condition or disease. The department shall pay the	77144
costs associated with the review.	77145

A review ordered under this division shall be part of the	77146
record of the hearing and shall be given appropriate evidentiary	77147
consideration by the person hearing the appeal.	77148

(I) The requirements of Chapter 119. of the Revised Code	77149
apply to a state hearing or administrative appeal under this	77150
section only to the extent, if any, specifically provided by rules	77151
adopted under this section.	77152

Sec. 5101.36. Any application for public assistance gives a	77153
right of subrogation to the department of job and family services	77154
for any workers' compensation benefits payable to a person who is	77155
subject to a support order, as defined in section 3119.01 of the	77156
Revised Code, on behalf of the applicant, to the extent of any	77157
public assistance payments made on the applicant's behalf. If the	77158
director of job and family services, in consultation with a child	77159
support enforcement agency and the administrator of the bureau of	77160
workers' compensation, determines that a person responsible for	77161
support payments to a recipient of public assistance is receiving	77162
workers' compensation, the director shall notify the administrator	77163
of the amount of the benefit to be paid to the department of job	77164
and family services.	77165

For purposes of this section, "public assistance" means	77166
~~medical assistance provided through the medical assistance program~~	77167
~~established under section 5111.01 of the Revised Code;~~ Ohio works	77168
first provided under Chapter 5107. of the Revised Code;	77169
prevention, retention, and contingency benefits and services	77170
provided under Chapter 5108. of the Revised Code; or disability	77171
financial assistance provided under Chapter 5115. of the Revised	77172
Code.	77173

Sec. 5101.46. (A) As used in this section:

77174

(1) "Title XX" means Title XX of the "Social Security Act,"	77175
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	77176

(2) "Respective local agency" means, with respect to the	77177
department of job and family services, a county department of job	77178
and family services; with respect to the department of ~~mental~~	77179
~~health~~mental health and addiction services, a board of alcohol,	77180
drug addiction, and mental health services; and with respect to	77181
the department of developmental disabilities, a county board of	77182
developmental disabilities.	77183

(3) "Federal poverty guidelines" means the poverty guidelines	77184
as revised annually by the United States department of health and	77185
human services in accordance with section 673(2) of the "Omnibus	77186
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	77187
9902, as amended, for a family size equal to the size of the	77188
family of the person whose income is being determined.	77189

(B) The departments of job and family services, mental	77190
health, and developmental disabilities, with their respective	77191
local agencies, shall administer the provision of social services	77192
funded through grants made under Title XX. The social services	77193
furnished with Title XX funds shall be directed at the following	77194
goals:	77195

(1) Achieving or maintaining economic self-support to	77196
prevent, reduce, or eliminate dependency;	77197

(2) Achieving or maintaining self-sufficiency, including	77198
reduction or prevention of dependency;	77199

(3) Preventing or remedying neglect, abuse, or exploitation	77200
of children and adults unable to protect their own interests, or	77201
preserving, rehabilitating, or reuniting families;	77202

(4) Preventing or reducing inappropriate institutional care	77203
by providing for community-based care, home-based care, or other	77204
forms of less intensive care;	77205

(5) Securing referral or admission for institutional care	77206
when other forms of care are not appropriate, or providing	77207
services to individuals in institutions.	77208

(C)(1) All federal funds received under Title XX shall be	77209
appropriated as follows:	77210

(a) Seventy-two and one-half per cent to the department of	77211
job and family services;	77212

(b) Twelve and ninety-three one-hundredths per cent to the	77213
department of ~~mental health~~mental health and addiction services;	77214

(c) Fourteen and fifty-seven one-hundredths per cent to the	77215
department of developmental disabilities.	77216

(2) Each of the state departments shall, subject to the	77217
approval of the controlling board, develop a formula for the	77218
distribution of the Title XX funds appropriated to the department	77219
to its respective local agencies. The formula developed by each	77220
state department shall take into account all of the following for	77221
each of its respective local agencies:	77222

(a) The total population of the area that is served by the	77223
respective local agency;	77224

(b) The percentage of the population in the area served that	77225
falls below the federal poverty guidelines;	77226

(c) The respective local agency's history of and ability to	77227
utilize Title XX funds.	77228

(3) Each of the state departments shall expend for state	77229
administrative costs not more than three per cent of the Title XX	77230
funds appropriated to the department.	77231

Each state department shall establish for each of its	77232
respective local agencies the maximum percentage of the Title XX	77233
funds distributed to the respective local agency that the	77234
respective local agency may expend for local administrative costs.	77235
The percentage shall be established by rule and shall comply with	77236
federal law governing the use of Title XX funds. The rules shall	77237
be adopted in accordance with section 111.15 of the Revised Code	77238
as if they were internal management rules.	77239

(4) The department of job and family services shall expend	77240
for the training of the following not more than two per cent of	77241
the Title XX funds appropriated to the department:	77242

(a) Employees of county departments of job and family	77243
services;	77244

(b) Providers of services under contract with the state	77245
departments' respective local agencies;	77246

(c) Employees of a public children services agency directly	77247
engaged in providing Title XX services.	77248

(5) Title XX funds distributed for the purpose of providing	77249
family planning services shall be distributed by the respective	77250
local agencies according to the same order of priority that	77251
applies to the department of job and family services under section	77252
5101.101 of the Revised Code.	77253

(D) The department of job and family services shall prepare	77254
an annual comprehensive Title XX social services plan on the	77255
intended use of Title XX funds. The department shall develop a	77256
method for obtaining public comment during the development of the	77257
plan and following its completion.	77258

For each federal fiscal year, the department of job and	77259
family services shall prepare a report on the actual use of Title	77260
XX funds. The department shall make the annual report available	77261
for public inspection.	77262

The departments of ~~mental health~~mental health and addiction	77263
services and developmental disabilities shall prepare and submit	77264
to the department of job and family services the portions of each	77265
annual plan and report that apply to services for mental health	77266
and mental retardation and developmental disabilities. Each	77267
respective local agency of the three state departments shall	77268
submit information as necessary for the preparation of annual	77269
plans and reports.	77270

(E) Each county department of job and family services shall	77271
adopt a county profile for the administration and provision of	77272
Title XX social services in the county. In developing its county	77273
profile, the county department shall take into consideration the	77274
comments and recommendations received from the public by the	77275
county family services planning committee pursuant to section	77276
329.06 of the Revised Code. As part of its preparation of the	77277
county profile, the county department may prepare a local needs	77278
report analyzing the need for Title XX social services.	77279

The county department shall submit the county profile to the	77280
board of county commissioners for its review. Once the county	77281
profile has been approved by the board, the county department	77282
shall file a copy of the county profile with the department of job	77283
and family services. The department shall approve the county	77284
profile if the department determines the profile provides for the	77285
Title XX social services to meet the goals specified in division	77286
(B) of this section.	77287

(F) Any of the three state departments and their respective	77288
local agencies may require that an entity under contract to	77289
provide social services with Title XX funds submit to an audit on	77290
the basis of alleged misuse or improper accounting of funds. If an	77291
audit is required, the social services provider shall reimburse	77292
the state department or respective local agency for the cost it	77293
incurred in conducting the audit or having the audit conducted.	77294

If an audit demonstrates that a social services provider is	77295
responsible for one or more adverse findings, the provider shall	77296
reimburse the appropriate state department or its respective local	77297
agency the amount of the adverse findings. The amount shall not be	77298
reimbursed with Title XX funds received under this section. The	77299
three state departments and their respective local agencies may	77300
terminate or refuse to enter into a Title XX contract with a	77301
social services provider if there are adverse findings in an audit	77302
that are the responsibility of the provider.	77303

(G) Except with respect to the matters for which each of the	77304
state departments must adopt rules under division (C)(3) of this	77305
section, the department of job and family services may adopt any	77306
rules it considers necessary to implement and carry out the	77307
purposes of this section. Rules governing financial and	77308
operational matters of the department or matters between the	77309
department and county departments of job and family services shall	77310
be adopted as internal management rules in accordance with section	77311
111.15 of the Revised Code. Rules governing eligibility for	77312
services, program participation, and other matters pertaining to	77313
applicants and participants shall be adopted in accordance with	77314
Chapter 119. of the Revised Code.	77315

Sec. 5101.461. (A) As used in this section:

77316

(1) "Title IV-A" means Title IV-A of the "Social Security	77317
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	77318

(2) "Title XX" has the same meaning as in section 5101.46 of	77319
the Revised Code.	77320

(B) To the extent authorized by federal law, the department	77321
of job and family services may use funds received through the	77322
Title IV-A temporary assistance for needy families block grant for	77323
purposes of providing Title XX social services. The amount used	77324
under this section shall not exceed the maximum amount permitted	77325
by federal law. The funds and provision of Title XX social	77326
services with the funds are not subject to section 5101.46 of the	77327
Revised Code.	77328

Funds distributed under this section for the purpose of	77329
providing family planning services shall be distributed by a	77330
county department of job and family services according to the same	77331
order of priority that applies to the department of job and family	77332
services under section 5101.101 of the Revised Code.	77333

(C) The department and any county department of job and	77334
family services may require an entity under contract to provide	77335
Title XX social services with funds used under this section to	77336
submit to an audit on the basis of alleged misuse or improper	77337
accounting of funds. If an audit is required, the social services	77338
provider shall reimburse the state department or county department	77339
for the cost it incurred in conducting the audit or having the	77340
audit conducted.	77341

If an audit demonstrates that a social services provider is	77342
responsible for one or more adverse findings, the provider shall	77343
reimburse the state department or county department the amount of	77344
the adverse findings. The amount shall not be reimbursed with	77345
funds received under this section. The state department and county	77346
departments may terminate or refuse to enter into a contract with	77347
a social services provider to provide services with funds	77348
available pursuant to this section if there are adverse findings	77349
in an audit that are the responsibility of the provider.	77350

(D) The state department of job and family services may adopt	77351
rules to implement and carry out the purposes of this section.	77352
Rules governing financial and operational matters of the	77353
department or matters between the department and county	77354
departments of job and family services shall be adopted as	77355
internal management rules in accordance with section 111.15 of the	77356
Revised Code. Rules governing eligibility for services, program	77357
participation, and other matters pertaining to applicants and	77358
participants shall be adopted in accordance with Chapter 119. of	77359
the Revised Code.	77360

Sec. 5101.47. (A) Except as provided in divisions (B) and	77361
(C) of this section, the department of job and family services may	77362
accept applications, determine eligibility, redetermine	77363
eligibility, and perform related administrative activities for one	77364
or more of the following:	77365

(1) ~~The medicaid program established by Chapter 5111. of the~~	77366
~~Revised Code;~~	77367

~~(2) The children's health insurance program parts I, II, and~~	77368
~~III provided for under sections 5101.50 to 5101.529 of the Revised~~	77369
~~Code;~~	77370

~~(3)~~ Publicly funded child care provided under Chapter 5104.	77371
of the Revised Code;	77372

~~(4)~~(2) The supplemental nutrition assistance program	77373
administered by the department pursuant to section 5101.54 of the	77374
Revised Code;	77375

~~(5)~~(3) Other programs administered by the department that the	77376
director of job and family services determines are supportive of	77377
children, adults, or families;	77378

~~(6)~~(4) Other programs administered by the department	77379
regarding which the director determines administrative cost	77380
savings and efficiency may be achieved through the department	77381
accepting applications, determining eligibility, redetermining	77382
eligibility, or performing related administrative activities.	77383

(B) ~~To the extent permitted by federal law, the department~~	77384
~~may enter into agreements with one or more other state agencies,~~	77385
~~local government entities, or political subdivisions to accept~~	77386
~~applications, determine eligibility, redetermine eligibility, and~~	77387
~~perform related administrative activities on behalf of the~~	77388
~~department with respect to the medicaid program and the children's~~	77389
~~health insurance program.~~	77390

~~(C)~~ If federal law requires a face-to-face interview to	77391
complete an eligibility determination for a program specified in	77392
or pursuant to division (A) of this section, the face-to-face	77393
interview shall not be conducted by the department of job and	77394
family services.	77395

~~(D)~~(C) Subject to division ~~(C)~~(B) of this section, if the	77396
department elects to accept applications, determine eligibility,	77397
redetermine eligibility, and perform related administrative	77398
activities for a program specified in or pursuant to division (A)	77399
of this section, both of the following apply:	77400

(1) An individual seeking services under the program may	77401
apply for the program to the department or to the entity that	77402
state law governing the program authorizes to accept applications	77403
for the program.	77404

(2) The department is subject to federal statutes and	77405
regulations and state statutes and rules that require, permit, or	77406
prohibit an action regarding accepting applications, determining	77407
or redetermining eligibility, and performing related	77408
administrative activities for the program.	77409

~~(E)~~(D) The director may adopt rules as necessary to implement	77410
this section.	77411

Sec. 5101.49. The department of job and family services	77412
shall administer funds received under the "Refugee Act of 1980,"	77413
94 Stat. 102, 8 U.S.C.A. 1521, as amended. In administering the	77414
funds, the department may establish a refugee cash assistance	77415
program and a state legalization impact assistance program. The	77416
director of job and family services may adopt rules in accordance	77417
with section 111.15 of the Revised Code and issue appropriate	77418
orders as necessary for administration of these funds and	77419
programs.	77420

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	77421
Revised Code:	77422

(A) "Abuse" means the infliction upon an adult by self or	77423
others of injury, unreasonable confinement, intimidation, or cruel	77424
punishment with resulting physical harm, pain, or mental anguish.	77425

(B) "Adult" means any person sixty years of age or older	77426
within this state who is handicapped by the infirmities of aging	77427
or who has a physical or mental impairment which prevents the	77428
person from providing for the person's own care or protection, and	77429
who resides in an independent living arrangement. An "independent	77430
living arrangement" is a domicile of a person's own choosing,	77431
including, but not limited to, a private home, apartment, trailer,	77432
or rooming house. An "independent living arrangement" includes a	77433
residential facility licensed under section ~~5119.22~~5119.34 of the	77434
Revised Code that provides accommodations, supervision, and	77435
personal care services for three to sixteen unrelated adults, but	77436
does not include other institutions or facilities licensed by the	77437
state or facilities in which a person resides as a result of	77438
voluntary, civil, or criminal commitment.	77439

(C) "Caretaker" means the person assuming the responsibility	77440
for the care of an adult on a voluntary basis, by contract,	77441
through receipt of payment for care, as a result of a family	77442
relationship, or by order of a court of competent jurisdiction.	77443

(D) "Court" means the probate court in the county where an	77444
adult resides.	77445

(E) "Emergency" means that the adult is living in conditions	77446
which present a substantial risk of immediate and irreparable	77447
physical harm or death to self or any other person.	77448

(F) "Emergency services" means protective services furnished	77449
to an adult in an emergency.	77450

(G) "Exploitation" means the unlawful or improper act of a	77451
caretaker using an adult or an adult's resources for monetary or	77452
personal benefit, profit, or gain.	77453

(H) "In need of protective services" means an adult known or	77454
suspected to be suffering from abuse, neglect, or exploitation to	77455
an extent that either life is endangered or physical harm, mental	77456
anguish, or mental illness results or is likely to result.	77457

(I) "Incapacitated person" means a person who is impaired for	77458
any reason to the extent that the person lacks sufficient	77459
understanding or capacity to make and carry out reasonable	77460
decisions concerning the person's self or resources, with or	77461
without the assistance of a caretaker. Refusal to consent to the	77462
provision of services shall not be the sole determinative that the	77463
person is incapacitated. "Reasonable decisions" are decisions made	77464
in daily living which facilitate the provision of food, shelter,	77465
clothing, and health care necessary for life support.	77466

(J) "Mental illness" means a substantial disorder of thought,	77467
mood, perception, orientation, or memory that grossly impairs	77468
judgment, behavior, capacity to recognize reality, or ability to	77469
meet the ordinary demands of life.	77470

(K) "Neglect" means the failure of an adult to provide for	77471
self the goods or services necessary to avoid physical harm,	77472
mental anguish, or mental illness or the failure of a caretaker to	77473
provide such goods or services.	77474

(L) "Peace officer" means a peace officer as defined in	77475
section 2935.01 of the Revised Code.	77476

(M) "Physical harm" means bodily pain, injury, impairment, or	77477
disease suffered by an adult.	77478

(N) "Protective services" means services provided by the	77479
county department of job and family services or its designated	77480
agency to an adult who has been determined by evaluation to	77481
require such services for the prevention, correction, or	77482
discontinuance of an act of as well as conditions resulting from	77483
abuse, neglect, or exploitation. Protective services may include,	77484
but are not limited to, case work services, medical care, mental	77485
health services, legal services, fiscal management, home health	77486
care, homemaker services, housing-related services, guardianship	77487
services, and placement services as well as the provision of such	77488
commodities as food, clothing, and shelter.	77489

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	77490
and Friday, except when such day is a holiday as defined in	77491
section 1.14 of the Revised Code.	77492

Sec. 5101.61. (A) As used in this section:

77493

(1) "Senior service provider" means any person who provides	77494
care or services to a person who is an adult as defined in	77495
division (B) of section 5101.60 of the Revised Code.	77496

(2) "Ambulatory health facility" means a nonprofit, public or	77497
proprietary freestanding organization or a unit of such an agency	77498
or organization that:	77499

(a) Provides preventive, diagnostic, therapeutic,	77500
rehabilitative, or palliative items or services furnished to an	77501
outpatient or ambulatory patient, by or under the direction of a	77502
physician or dentist in a facility which is not a part of a	77503
hospital, but which is organized and operated to provide medical	77504
care to outpatients;	77505

(b) Has health and medical care policies which are developed	77506
with the advice of, and with the provision of review of such	77507
policies, an advisory committee of professional personnel,	77508
including one or more physicians, one or more dentists, if dental	77509
care is provided, and one or more registered nurses;	77510

(c) Has a medical director, a dental director, if dental care	77511
is provided, and a nursing director responsible for the execution	77512
of such policies, and has physicians, dentists, nursing, and	77513
ancillary staff appropriate to the scope of services provided;	77514

(d) Requires that the health care and medical care of every	77515
patient be under the supervision of a physician, provides for	77516
medical care in a case of emergency, has in effect a written	77517
agreement with one or more hospitals and other centers or clinics,	77518
and has an established patient referral system to other resources,	77519
and a utilization review plan and program;	77520

(e) Maintains clinical records on all patients;

77521

(f) Provides nursing services and other therapeutic services	77522
in accordance with programs and policies, with such services	77523
supervised by a registered professional nurse, and has a	77524
registered professional nurse on duty at all times of clinical	77525
operations;	77526

(g) Provides approved methods and procedures for the	77527
dispensing and administration of drugs and biologicals;	77528

(h) Has established an accounting and record keeping system	77529
to determine reasonable and allowable costs;	77530

(i) "Ambulatory health facilities" also includes an	77531
alcoholism treatment facility approved by the joint commission on	77532
accreditation of healthcare organizations as an alcoholism	77533
treatment facility or certified by the department of ~~alcohol and~~	77534
~~drug addiction services~~mental health and addiction services, and	77535
such facility shall comply with other provisions of this division	77536
not inconsistent with such accreditation or certification.	77537

(3) "Community mental health facility" means a facility which	77538
provides community mental health services and is included in the	77539
comprehensive mental health plan for the alcohol, drug addiction,	77540
and mental health service district in which it is located.	77541

(4) "Community mental health service" means services, other	77542
than inpatient services, provided by a community mental health	77543
facility.	77544

(5) "Home health agency" means an institution or a distinct	77545
part of an institution operated in this state which:	77546

(a) Is primarily engaged in providing home health services;

77547

(b) Has home health policies which are established by a group	77548
of professional personnel, including one or more duly licensed	77549
doctors of medicine or osteopathy and one or more registered	77550
professional nurses, to govern the home health services it	77551
provides and which includes a requirement that every patient must	77552
be under the care of a duly licensed doctor of medicine or	77553
osteopathy;	77554

(c) Is under the supervision of a duly licensed doctor of	77555
medicine or doctor of osteopathy or a registered professional	77556
nurse who is responsible for the execution of such home health	77557
policies;	77558

(d) Maintains comprehensive records on all patients;

77559

(e) Is operated by the state, a political subdivision, or an	77560
agency of either, or is operated not for profit in this state and	77561
is licensed or registered, if required, pursuant to law by the	77562
appropriate department of the state, county, or municipality in	77563
which it furnishes services; or is operated for profit in this	77564
state, meets all the requirements specified in divisions (A)(5)(a)	77565
to (d) of this section, and is certified under Title XVIII of the	77566
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	77567
amended.	77568

(6) "Home health service" means the following items and	77569
services, provided, except as provided in division (A)(6)(g) of	77570
this section, on a visiting basis in a place of residence used as	77571
the patient's home:	77572

(a) Nursing care provided by or under the supervision of a	77573
registered professional nurse;	77574

(b) Physical, occupational, or speech therapy ordered by the	77575
patient's attending physician;	77576

(c) Medical social services performed by or under the	77577
supervision of a qualified medical or psychiatric social worker	77578
and under the direction of the patient's attending physician;	77579

(d) Personal health care of the patient performed by aides in	77580
accordance with the orders of a doctor of medicine or osteopathy	77581
and under the supervision of a registered professional nurse;	77582

(e) Medical supplies and the use of medical appliances;

77583

(f) Medical services of interns and residents-in-training	77584
under an approved teaching program of a nonprofit hospital and	77585
under the direction and supervision of the patient's attending	77586
physician;	77587

(g) Any of the foregoing items and services which:

77588

(i) Are provided on an outpatient basis under arrangements	77589
made by the home health agency at a hospital or skilled nursing	77590
facility;	77591

(ii) Involve the use of equipment of such a nature that the	77592
items and services cannot readily be made available to the patient	77593
in the patient's place of residence, or which are furnished at the	77594
hospital or skilled nursing facility while the patient is there to	77595
receive any item or service involving the use of such equipment.	77596

Any attorney, physician, osteopath, podiatrist, chiropractor,	77597
dentist, psychologist, any employee of a hospital as defined in	77598
section 3701.01 of the Revised Code, any nurse licensed under	77599
Chapter 4723. of the Revised Code, any employee of an ambulatory	77600
health facility, any employee of a home health agency, any	77601
employee of a residential facility licensed under section ~~5119.22~~	77602
5119.34 of the Revised Code that provides accommodations,	77603
supervision, and personal care services for three to sixteen	77604
unrelated adults, any employee of a nursing home, residential care	77605
facility, or home for the aging, as defined in section 3721.01 of	77606
the Revised Code, any senior service provider, any peace officer,	77607
coroner, member of the clergy, any employee of a community mental	77608
health facility, and any person engaged in social work or	77609
counseling having reasonable cause to believe that an adult is	77610
being abused, neglected, or exploited, or is in a condition which	77611
is the result of abuse, neglect, or exploitation shall immediately	77612
report such belief to the county department of job and family	77613
services. This section does not apply to employees of any hospital	77614
or public hospital as defined in section 5122.01 of the Revised	77615
Code.	77616

(B) Any person having reasonable cause to believe that an	77617
adult has suffered abuse, neglect, or exploitation may report, or	77618
cause reports to be made of such belief to the department.	77619

(C) The reports made under this section shall be made orally	77620
or in writing except that oral reports shall be followed by a	77621
written report if a written report is requested by the department.	77622
Written reports shall include:	77623

(1) The name, address, and approximate age of the adult who	77624
is the subject of the report;	77625

(2) The name and address of the individual responsible for	77626
the adult's care, if any individual is, and if the individual is	77627
known;	77628

(3) The nature and extent of the alleged abuse, neglect, or	77629
exploitation of the adult;	77630

(4) The basis of the reporter's belief that the adult has	77631
been abused, neglected, or exploited.	77632

(D) Any person with reasonable cause to believe that an adult	77633
is suffering abuse, neglect, or exploitation who makes a report	77634
pursuant to this section or who testifies in any administrative or	77635
judicial proceeding arising from such a report, or any employee of	77636
the state or any of its subdivisions who is discharging	77637
responsibilities under section 5101.62 of the Revised Code shall	77638
be immune from civil or criminal liability on account of such	77639
investigation, report, or testimony, except liability for perjury,	77640
unless the person has acted in bad faith or with malicious	77641
purpose.	77642

(E) No employer or any other person with the authority to do	77643
so shall discharge, demote, transfer, prepare a negative work	77644
performance evaluation, or reduce benefits, pay, or work	77645
privileges, or take any other action detrimental to an employee or	77646
in any way retaliate against an employee as a result of the	77647
employee's having filed a report under this section.	77648

(F) Neither the written or oral report provided for in this	77649
section nor the investigatory report provided for in section	77650
5101.62 of the Revised Code shall be considered a public record as	77651
defined in section 149.43 of the Revised Code. Information	77652
contained in the report shall upon request be made available to	77653
the adult who is the subject of the report, to agencies authorized	77654
by the department to receive information contained in the report,	77655
and to legal counsel for the adult.	77656

Sec. 5101.80. (A) As used in this section and in section	77657
5101.801 of the Revised Code:	77658

(1) "County family services agency" has the same meaning as	77659
in section 307.981 of the Revised Code.	77660

(2) "State agency" has the same meaning as in section 9.82 of	77661
the Revised Code.	77662

(3) "Title IV-A administrative agency" means both of the	77663
following:	77664

(a) A county family services agency or state agency	77665
administering a Title IV-A program under the supervision of the	77666
department of job and family services;	77667

(b) A government agency or private, not-for-profit entity	77668
administering a project funded in whole or in part with funds	77669
provided under the Title IV-A demonstration program created under	77670
section 5101.803 of the Revised Code.	77671

(4) "Title IV-A program" means all of the following that are	77672
funded in part with funds provided under the temporary assistance	77673
for needy families block grant established by Title IV-A of the	77674
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	77675
amended:	77676

(a) The Ohio works first program established under Chapter	77677
5107. of the Revised Code;	77678

(b) The prevention, retention, and contingency program	77679
established under Chapter 5108. of the Revised Code;	77680

(c) A program established by the general assembly or an	77681
executive order issued by the governor that is administered or	77682
supervised by the department of job and family services pursuant	77683
to section 5101.801 of the Revised Code;	77684

(d) The kinship permanency incentive program created under	77685
section 5101.802 of the Revised Code;	77686

(e) The Title IV-A demonstration program created under	77687
section 5101.803 of the Revised Code;	77688

(f) The Ohio parenting and pregnancy program created under	77689
section 5101.804 of the Revised Code;	77690

(g) A component of a Title IV-A program identified under	77691
divisions (A)(4)(a) to ~~(e)~~(f) of this section that the Title IV-A	77692
state plan prepared under division (C)(1) of this section	77693
identifies as a component.	77694

(B) The department of job and family services shall act as	77695
the single state agency to administer and supervise the	77696
administration of Title IV-A programs. The Title IV-A state plan	77697
and amendments to the plan prepared under division (C) of this	77698
section are binding on Title IV-A administrative agencies. No	77699
Title IV-A administrative agency may establish, by rule or	77700
otherwise, a policy governing a Title IV-A program that is	77701
inconsistent with a Title IV-A program policy established, in rule	77702
or otherwise, by the director of job and family services.	77703

(C) The department of job and family services shall do all of	77704
the following:	77705

(1) Prepare and submit to the United States secretary of	77706
health and human services a Title IV-A state plan for Title IV-A	77707
programs;	77708

(2) Prepare and submit to the United States secretary of	77709
health and human services amendments to the Title IV-A state plan	77710
that the department determines necessary, including amendments	77711
necessary to implement Title IV-A programs identified in divisions	77712
(A)(4)(c) to ~~(f)~~(g) of this section;	77713

(3) Prescribe forms for applications, certificates, reports,	77714
records, and accounts of Title IV-A administrative agencies, and	77715
other matters related to Title IV-A programs;	77716

(4) Make such reports, in such form and containing such	77717
information as the department may find necessary to assure the	77718
correctness and verification of such reports, regarding Title IV-A	77719
programs;	77720

(5) Require reports and information from each Title IV-A	77721
administrative agency as may be necessary or advisable regarding a	77722
Title IV-A program;	77723

(6) Afford a fair hearing in accordance with section 5101.35	77724
of the Revised Code to any applicant for, or participant or former	77725
participant of, a Title IV-A program aggrieved by a decision	77726
regarding the program;	77727

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	77728
and 5108. of the Revised Code and sections 5101.801, 5101.802, ~~and~~	77729
5101.803, and 5101.804 of the Revised Code, any sums appropriated	77730
by the general assembly for the purpose of those chapters and	77731
sections and all sums paid to the state by the secretary of the	77732
treasury of the United States as authorized by Title IV-A of the	77733
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	77734
amended;	77735

(8) Conduct investigations and audits as are necessary	77736
regarding Title IV-A programs;	77737

(9) Enter into reciprocal agreements with other states	77738
relative to the provision of Ohio works first and prevention,	77739
retention, and contingency to residents and nonresidents;	77740

(10) Contract with a private entity to conduct an independent	77741
on-going evaluation of the Ohio works first program and the	77742
prevention, retention, and contingency program. The contract must	77743
require the private entity to do all of the following:	77744

(a) Examine issues of process, practice, impact, and	77745
outcomes;	77746

(b) Study former participants of Ohio works first who have	77747
not participated in Ohio works first for at least one year to	77748
determine whether they are employed, the type of employment in	77749
which they are engaged, the amount of compensation they are	77750
receiving, whether their employer provides health insurance,	77751
whether and how often they have received benefits or services	77752
under the prevention, retention, and contingency program, and	77753
whether they are successfully self sufficient;	77754

(c) Provide the department with reports at times the	77755
department specifies.	77756

(11) Not later than the last day of each January and July,	77757
prepare a report containing information on the following:	77758

(a) Individuals exhausting the time limits for participation	77759
in Ohio works first set forth in section 5107.18 of the Revised	77760
Code.	77761

(b) Individuals who have been exempted from the time limits	77762
set forth in section 5107.18 of the Revised Code and the reasons	77763
for the exemption.	77764

(D) The department shall provide copies of the reports it	77765
receives under division (C)(10) of this section and prepares under	77766
division (C)(11) of this section to the governor, the president	77767
and minority leader of the senate, and the speaker and minority	77768
leader of the house of representatives. The department shall	77769
provide copies of the reports to any private or government entity	77770
on request.	77771

(E) An authorized representative of the department or a	77772
county family services agency or state agency administering a	77773
Title IV-A program shall have access to all records and	77774
information bearing thereon for the purposes of investigations	77775
conducted pursuant to this section. An authorized representative	77776
of a government entity or private, not-for-profit entity	77777
administering a project funded in whole or in part with funds	77778
provided under the Title IV-A demonstration program shall have	77779
access to all records and information bearing on the project for	77780
the purpose of investigations conducted pursuant to this section.	77781

Sec. 5101.801. (A) Except as otherwise provided by the law	77782
enacted by the general assembly or executive order issued by the	77783
governor establishing the Title IV-A program, a Title IV-A program	77784
identified under division (A)(4)(c), (d), (e), or (f), or (g) of	77785
section 5101.80 of the Revised Code shall provide benefits and	77786
services that are not "assistance" as defined in 45 C.F.R.	77787
260.31(a) and are benefits and services that 45 C.F.R. 260.31(b)	77788
excludes from the definition of assistance.	77789

(B)(1) Except as otherwise provided by the law enacted by the	77790
general assembly or executive order issued by the governor	77791
establishing the Title IV-A program, the department of job and	77792
family services shall do either of the following regarding a Title	77793
IV-A program identified under division (A)(4)(c), (d), (e), or	77794
(f), or (g) of section 5101.80 of the Revised Code:	77795

(a) Administer the program or supervise a county family	77796
services agency's administration of the program;	77797

(b) Enter into an interagency agreement with a state agency	77798
for the state agency to administer the program under the	77799
department's supervision.	77800

(2) The department may enter into an agreement with a	77801
government entity and, to the extent permitted by federal law, a	77802
private, not-for-profit entity for the entity to receive funding	77803
for a project under the Title IV-A demonstration program created	77804
under section 5101.803 of the Revised Code.	77805

(3) To the extent permitted by federal law, the department	77806
may enter into an agreement with a private, not-for-profit entity	77807
for the entity to receive funds under the Ohio parenting and	77808
pregnancy program created under section 5101.804 of the Revised	77809
Code.	77810

(C) The department may adopt rules governing Title IV-A	77811
programs identified under divisions (A)(4)(c), (d), (e), ~~and~~ (f),	77812
and (g) of section 5101.80 of the Revised Code. Rules governing	77813
financial and operational matters of the department or between the	77814
department and county family services agencies shall be adopted as	77815
internal management rules adopted in accordance with section	77816
111.15 of the Revised Code. All other rules shall be adopted in	77817
accordance with Chapter 119. of the Revised Code.	77818

(D) If the department enters into an agreement regarding a	77819
Title IV-A program identified under division (A)(4)(c), (e), or	77820
(f), or (g) of section 5101.80 of the Revised Code pursuant to	77821
division (B)(1)(b) or (2) of this section, the agreement shall	77822
include at least all of the following:	77823

(1) A requirement that the state agency or entity comply with	77824
the requirements for the program or project, including all of the	77825
following requirements established by federal statutes and	77826
regulations, state statutes and rules, the United States office of	77827
management and budget, and the Title IV-A state plan prepared	77828
under section 5101.80 of the Revised Code:	77829

(a) Eligibility;

77830

(b) Reports;

77831

77832

(d) Use of funds;

77833

(e) Appeals for applicants for, and recipients and former	77834
recipients of, the benefits and services;	77835

(f) Audits.

77836

(2) A complete description of all of the following:

77837

(a) The benefits and services that the program or project is	77838
to provide;	77839

(b) The methods of program or project administration;

77840

(c) The appeals process under section 5101.35 of the Revised	77841
Code for applicants for, and recipients and former recipients of,	77842
the program or project's benefits and services;	77843

(d) Other requirements that the department requires be	77844
included.	77845

(3) Procedures for the department to approve a policy,	77846
established by rule or otherwise, that the state agency or entity	77847
establishes for the program or project before the policy is	77848
established;	77849

(4) Provisions regarding how the department is to reimburse	77850
the state agency or entity for allowable expenditures under the	77851
program or project that the department approves, including all of	77852
the following:	77853

(a) Limitations on administrative costs;

77854

(b) The department, at its discretion, doing either of the	77855
following:	77856

(i) Withholding no more than five per cent of the funds that	77857
the department would otherwise provide to the state agency or	77858
entity for the program or project;	77859

(ii) Charging the state agency or entity for the costs to the	77860
department of performing, or contracting for the performance of,	77861
audits and other administrative functions associated with the	77862
program or project.	77863

(5) If the state agency or entity arranges by contract,	77864
grant, or other agreement for another entity to perform a function	77865
the state agency or entity would otherwise perform regarding the	77866
program or project, the state agency or entity's responsibilities	77867
for both of the following:	77868

(a) Ensuring that the other entity complies with the	77869
agreement between the state agency or entity and department and	77870
federal statutes and regulations and state statutes and rules	77871
governing the use of funds for the program or project;	77872

(b) Auditing the other entity in accordance with requirements	77873
established by the United States office of management and budget.	77874

(6) The state agency or entity's responsibilities regarding	77875
the prompt payment, including any interest assessed, of any	77876
adverse audit finding, final disallowance of federal funds, or	77877
other sanction or penalty imposed by the federal government,	77878
auditor of state, department, a court, or other entity regarding	77879
funds for the program or project;	77880

(7) Provisions for the department to terminate the agreement	77881
or withhold reimbursement from the state agency or entity if	77882
either of the following occur:	77883

(a) The federal government disapproves the program or project	77884
or reduces federal funds for the program or project;	77885

(b) The state agency or entity fails to comply with the terms	77886
of the agreement.	77887

(8) Provisions for both of the following:

77888

(a) The department and state agency or entity determining the	77889
performance outcomes expected for the program or project;	77890

(b) An evaluation of the program or project to determine its	77891
success in achieving the performance outcomes determined under	77892
division (D)(8)(a) of this section.	77893

(E) To the extent consistent with the law enacted by the	77894
general assembly or executive order issued by the governor	77895
establishing the Title IV-A program and subject to the approval of	77896
the director of budget and management, the director of job and	77897
family services may terminate a Title IV-A program identified	77898
under division (A)(4)(c), (d), (e), or (f), or (g) of section	77899
5101.80 of the Revised Code or reduce funding for the program if	77900
the director of job and family services determines that federal or	77901
state funds are insufficient to fund the program. If the director	77902
of budget and management approves the termination or reduction in	77903
funding for such a program, the director of job and family	77904
services shall issue instructions for the termination or funding	77905
reduction. If a Title IV-A administrative agency is administering	77906
the program, the agency is bound by the termination or funding	77907
reduction and shall comply with the director's instructions.	77908

(F) The director of job and family services may adopt	77909
internal management rules in accordance with section 111.15 of the	77910
Revised Code as necessary to implement this section. The rules are	77911
binding on each Title IV-A administrative agency.	77912

Sec. 5101.803. (A) Subject to division (E) of section	77913
5101.801 of the Revised Code, there is hereby created the Title	77914
IV-A demonstration program to provide funding for innovative and	77915
promising prevention and intervention projects that meet one or	77916
more of the four purposes of the temporary assistance for needy	77917
families block grant as specified in 42 U.S.C. 601 and are for	77918
individuals with specific and multiple barriers to achieving or	77919
maintaining self-sufficiency and personal responsibility. The	77920
department of job and family services may provide funding for such	77921
projects to government entities and, to the extent permitted by	77922
federal law, private, not-for-profit entities with which the	77923
department enters into agreements under division (B)(2) of section	77924
5101.801 of the Revised Code.	77925

In accordance with criteria the department develops, the	77926
department may solicit proposals ~~for~~from entities seeking to	77927
enter into an agreement with the department under division (B)(2)	77928
of section 5101.801 of the Revised Code. The department may enter	77929
into such agreements with entities that do both of the following:	77930

(1) Meet the proposals' criteria;

77931

(2) If the entity's proposed project does not potentially	77932
affect persons in each county of the state, provides the	77933
department evidence that the entity has notified, in writing, the	77934
county department of job and family services of each county where	77935
persons may be affected by the implementation of the project.	77936

(B) In developing the criteria, soliciting the proposals, and	77937
entering in the agreements, the department shall comply with all	77938
applicable federal and state laws, the Title IV-A state plan	77939
submitted to the United States secretary of health and human	77940
services under section 5101.80 of the Revised Code, amendments to	77941
the Title IV-A state plan submitted to the United States secretary	77942
under that section, and federal waivers the United States	77943
secretary grants.	77944

(C) The department shall begin implementation of the Title	77945
IV-A demonstration program no later than January 1, 2006.	77946

Sec. 5101.804. (A) Subject to division (E) of section	77947
5101.801 of the Revised Code, there is hereby created the Ohio	77948
parenting and pregnancy program to provide services for pregnant	77949
women and parents or other relatives caring for children twelve	77950
months of age or younger that do both of the following:	77951

(1) Promote childbirth, parenting, and alternatives to	77952
abortion;	77953

(2) Meet one or more of the four purposes of the temporary	77954
assistance for needy families block grant as specified in 42	77955
U.S.C. 601.	77956

(B) To the extent permitted by federal law, the department of	77957
job and family services may provide funds under the program to	77958
entities with which the department enters into agreements under	77959
division (B)(3) of section 5101.801 of the Revised Code. In	77960
accordance with criteria the department develops, the department	77961
may solicit proposals from entities seeking to provide services	77962
under the program. The department may enter into an agreement with	77963
an entity only if it meets all of the following conditions:	77964

(1) Is a private, not-for-profit entity;

77965

(2) Is an entity whose primary purpose is to promote	77966
childbirth, rather than abortion, through counseling and other	77967
services, including parenting and adoption support;	77968

(3) Provides services to pregnant women and parents or other	77969
relatives caring for children twelve months of age or younger,	77970
including clothing, counseling, diapers, food, furniture, health	77971
care, parenting classes, postpartum recovery, shelter, and any	77972
other supportive services, programs, or related outreach;	77973

(4) Does not charge pregnant women and parents or other	77974
relatives caring for children twelve months of age or younger a	77975
fee for any services received;	77976

(5) Is not involved in or associated with any abortion	77977
activities, including providing abortion counseling or referrals	77978
to abortion clinics, performing abortion-related medical	77979
procedures, or engaging in pro-abortion advertising;	77980

(6) Does not discriminate in its provision of services on the	77981
basis of race, religion, color, age, marital status, national	77982
origin, disability, or gender.	77983

(C) An entity that has entered into an agreement with the	77984
department under division (B)(3) of section 5101.801 of the	77985
Revised Code may enter into a subcontract with another entity	77986
under which the other entity provides all or part of the services	77987
described in division (B)(3) of this section. A subcontract may be	77988
entered into with another entity only if that entity meets all of	77989
the following conditions:	77990

(1) Is a private, not-for-profit entity;

77991

(2) Is physically and financially separate from any entity,	77992
or component of an entity, that engages in abortion activities;	77993

(3) Is not involved in or associated with any abortion	77994
activities, including providing abortion counseling or referrals	77995
to abortion clinics, performing abortion-related medical	77996
procedures, or engaging in pro-abortion advertising.	77997

(D) The director of job and family services shall adopt rules	77998
under division (C) of section 5101.801 of the Revised Code as	77999
necessary to implement the Ohio parenting and pregnancy program.	78000

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	78001
Revised Code:	78002

(A)(1) "Association" or "institution" includes ~~any~~all of the	78003
following:	78004

(a) Any incorporated or unincorporated organization, society,	78005
association, or agency, public or private, that receives or cares	78006
for children for two or more consecutive weeks; ~~any~~	78007

(b) Any individual, including the operator of a foster home,	78008
who, for hire, gain, or reward, receives or cares for children for	78009
two or more consecutive weeks, unless the individual is related to	78010
them by blood or marriage; ~~and any~~	78011

(c) Any individual not in the regular employ of a court, or	78012
of an institution or association certified in accordance with	78013
section 5103.03 of the Revised Code, who in any manner becomes a	78014
party to the placing of children in foster homes, unless the	78015
individual is related to such children by blood or marriage, or is	78016
the appointed guardian of such children~~; provided, that any~~.	78017

(2) "Association" or "institution" does not include any of	78018
the following:	78019

(a) Any organization, society, association, school, agency,	78020
child guidance center, detention or rehabilitation facility, or	78021
children's clinic licensed, regulated, approved, operated under	78022
the direction of, or otherwise certified by the department of	78023
education, a local board of education, the department of youth	78024
services, the department of ~~mental health~~mental health and	78025
addiction services, or the department of developmental	78026
disabilities~~, or any~~;	78027

(b) Any individual who provides care for only a single-family	78028
group, placed there by their parents or other relative having	78029
custody~~, shall not be considered as being within the purview of~~	78030
~~these sections~~;	78031

78032

(B) "Family foster home" means a foster home that is not a	78033
specialized foster home.	78034

(C) "Foster caregiver" means a person holding a valid foster	78035
home certificate issued under section 5103.03 of the Revised Code.	78036

(D) "Foster home" means a private residence in which children	78037
are received apart from their parents, guardian, or legal	78038
custodian, by an individual reimbursed for providing the children	78039
nonsecure care, supervision, or training twenty-four hours a day.	78040
"Foster home" does not include care provided for a child in the	78041
home of a person other than the child's parent, guardian, or legal	78042
custodian while the parent, guardian, or legal custodian is	78043
temporarily away. Family foster homes and specialized foster homes	78044
are types of foster homes.	78045

(E) "Medically fragile foster home" means a foster home that	78046
provides specialized medical services designed to meet the needs	78047
of children with intensive health care needs who meet all of the	78048
following criteria:	78049

(1) Under rules adopted by the ~~department of job and family~~	78050
~~services~~medicaid director governing ~~payment under Chapter 5111.~~	78051
~~of the Revised Code~~medicaid payments for long-term care services,	78052
the children require a skilled level of care.	78053

(2) The children require the services of a doctor of medicine	78054
or osteopathic medicine at least once a week due to the	78055
instability of their medical conditions.	78056

(3) The children require the services of a registered nurse	78057
on a daily basis.	78058

(4) The children are at risk of institutionalization in a	78059
hospital, skilled nursing facility, or intermediate care facility	78060
for the mentally retarded.	78061

(F) "Recommending agency" means a public children services	78062
agency, private child placing agency, or private noncustodial	78063
agency that recommends that the department of job and family	78064
services take any of the following actions under section 5103.03	78065
of the Revised Code regarding a foster home:	78066

(1) Issue a certificate;

78067

(2) Deny a certificate;

78068

(3) Renew a certificate;

78069

(4) Deny renewal of a certificate;

78070

(5) Revoke a certificate.

78071

(G) "Specialized foster home" means a medically fragile	78072
foster home or a treatment foster home.	78073

(H) "Treatment foster home" means a foster home that	78074
incorporates special rehabilitative services designed to treat the	78075
specific needs of the children received in the foster home and	78076
that receives and cares for children who are emotionally or	78077
behaviorally disturbed, chemically dependent, mentally retarded,	78078
developmentally disabled, or who otherwise have exceptional needs.	78079

(I) "Therapeutic wilderness camp" means a structured,	78080
alternative residential setting for children who are experiencing	78081
emotional, behavioral, moral, social, or learning difficulties at	78082
home or school in which both of the following are the case:	78083

(1) The children spend the majority of their time, including	78084
overnight, either outdoors or in a primitive structure;	78085

(2) The children have been placed there by their parents or	78086
another relative having custody."	78087

Sec. 5103.0323. (A) As used in this section, ~~"government~~	78088
~~auditing standards" means the government auditing standards~~	78089
~~published by the comptroller general of the United States general~~	78090
~~accounting office~~"American institute of certified public	78091
accountants auditing standards" and "AICPA auditing standards"	78092
mean the auditing standards published by the American institute of	78093
certified public accountants.	78094

(B) The first time that a private child placing agency or	78095
private noncustodial agency seeks renewal of a certificate issued	78096
under section 5103.03 of the Revised Code, it shall provide the	78097
department of job and family services, as a condition of renewal,	78098
evidence of an independent financial statement audit ~~of its first~~	78099
~~year of certification, unless the auditor of state has audited the~~	78100
~~agency during that year and the audit sets forth that no money has~~	78101
~~been illegally expended, converted, misappropriated, or is~~	78102
~~unaccounted for or sets forth findings that are inconsequential,~~	78103
~~as defined by government~~performed by a licensed public accounting	78104
firm following applicable AICPA auditing standards for the most	78105
recent fiscal year. Thereafter, when an agency seeks renewal of	78106
its certificate, it shall provide the department evidence of an	78107
independent financial statement audit performed by a licensed	78108
public accounting firm following applicable AICPA auditing	78109
standards for the two most recent previous fiscal years it is	78110
possible for an independent audit to have been conducted~~, unless~~	78111
~~the auditor of state has audited the agency during those years and~~	78112
~~the audit sets forth that no money has been illegally expended,~~	78113
~~converted, misappropriated, or is unaccounted for or sets forth~~	78114
~~findings that are inconsequential, as defined by government~~	78115
~~auditing standards~~.	78116

(C) For an agency to be eligible for renewal, the independent	78117
audits must demonstrate that the agency operated in a fiscally	78118
accountable manner ~~in accordance with state laws and rules and any~~	78119
~~agreement between the agency and a public children services~~	78120
~~agency.~~	78121

~~All audits required by this section shall be conducted in~~	78122
~~accordance with generally accepted government auditing standards~~	78123
as determined by the department of job and family services.	78124

(D) The director of job and family services may adopt rules	78125
as necessary to implement this section. The director shall adopt	78126
the rules in accordance with section 111.15 of the Revised Code.	78127

Sec. 5103.13. (A) As used in this section and section	78128
5103.131 of the Revised Code:	78129

(1)(a) "Children's crisis care facility" means a facility	78130
that has as its primary purpose the provision of residential and	78131
other care to either or both of the following:	78132

(i) One or more preteens voluntarily placed in the facility	78133
by the preteen's parent or other caretaker who is facing a crisis	78134
that causes the parent or other caretaker to seek temporary care	78135
for the preteen and referral for support services;	78136

(ii) One or more preteens placed in the facility by a public	78137
children services agency or private child placing agency that has	78138
legal custody or permanent custody of the preteen and determines	78139
that an emergency situation exists necessitating the preteen's	78140
placement in the facility rather than an institution certified	78141
under section 5103.03 of the Revised Code or elsewhere.	78142

(b) "Children's crisis care facility" does not include either	78143
of the following:	78144

(i) Any organization, society, association, school, agency,	78145
child guidance center, detention or rehabilitation facility, or	78146
children's clinic licensed, regulated, approved, operated under	78147
the direction of, or otherwise certified by the department of	78148
education, a local board of education, the department of youth	78149
services, the department of ~~mental health~~mental health and	78150
addiction services, or the department of developmental	78151
disabilities;	78152

(ii) Any individual who provides care for only a	78153
single-family group, placed there by their parents or other	78154
relative having custody.	78155

(2) "Legal custody" and "permanent custody" have the same	78156
meanings as in section 2151.011 of the Revised Code.	78157

(3) "Preteen" means an individual under thirteen years of	78158
age.	78159

(B) No person shall operate a children's crisis care facility	78160
or hold a children's crisis care facility out as a certified	78161
children's crisis care facility unless there is a valid children's	78162
crisis care facility certificate issued under this section for the	78163
facility.	78164

(C) A person seeking to operate a children's crisis care	78165
facility shall apply to the director of job and family services to	78166
obtain a certificate for the facility. The director shall certify	78167
the person's children's crisis care facility if the facility meets	78168
all of the certification standards established in rules adopted	78169
under division (F) of this section and the person complies with	78170
all of the rules governing the certification of children's crisis	78171
care facilities adopted under that division. The issuance of a	78172
children's crisis care facility certificate does not exempt the	78173
facility from a requirement to obtain another certificate or	78174
license mandated by law.	78175

(D)(1) No certified children's crisis care facility shall do	78176
any of the following:	78177

(a) Provide residential care to a preteen for more than one	78178
hundred twenty days in a calendar year;	78179

(b) Subject to division (D)(1)(c) of this section and except	78180
as provided in division (D)(2) of this section, provide	78181
residential care to a preteen for more than sixty consecutive	78182
days;	78183

(c) Except as provided in division (D)(3) of this section,	78184
provide residential care to a preteen for more than seventy-two	78185
consecutive hours if a public children services agency or private	78186
child placing agency placed the preteen in the facility;	78187

(d) Fail to comply with section 2151.86 of the Revised Code.

78188

(2) A certified children's crisis care facility may provide	78189
residential care to a preteen for up to ninety consecutive days,	78190
other than a preteen placed in the facility by a public children	78191
services agency or private child placing agency, if any of the	78192
following are the case:	78193

(a) The preteen's parent or other caretaker is enrolled in an	78194
alcohol and drug addiction ~~program certified under section 3793.06~~	78195
~~of the Revised Code~~service or a community mental health service	78196
certified under section ~~5119.611~~5119.36 of the Revised Code;	78197

(b) The preteen's parent or other caretaker is an inpatient	78198
in a hospital;	78199

78200

(d) A physician has diagnosed the preteen's parent or other	78201
caretaker as medically incapacitated.	78202

(3) A certified children's crisis care facility may provide	78203
residential care to a preteen placed in the facility by a public	78204
children services agency or private child placing agency for more	78205
than seventy-two consecutive hours if the director of job and	78206
family services or the director's designee issues the agency a	78207
waiver of the seventy-two consecutive hour limitation. The waiver	78208
may authorize the certified children's crisis care facility to	78209
provide residential care to the preteen for up to fourteen	78210
consecutive days.	78211

(E) The director of job and family services may suspend or	78212
revoke a children's crisis care facility's certificate pursuant to	78213
Chapter 119. of the Revised Code if the facility violates division	78214
(D) of this section or ceases to meet any of the certification	78215
standards established in rules adopted under division (F) of this	78216
section or the facility's operator ceases to comply with any of	78217
the rules governing the certification of children's crisis care	78218
facilities adopted under that division.	78219

(F) Not later than ninety days after September 21, 2006, the	78220
director of job and family services shall adopt rules pursuant to	78221
Chapter 119. of the Revised Code for the certification of	78222
children's crisis care facilities. The rules shall specify that a	78223
certificate shall not be issued to an applicant if the conditions	78224
at the children's crisis care facility would jeopardize the health	78225
or safety of the preteens placed in the facility.	78226

Sec. 5103.42. Prior to the beginning of the fiscal biennium	78227
that first follows October 5, 2000, the public children services	78228
agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	78229
~~Hamilton,~~ Lucas, and Summit counties shall each establish and	78230
maintain a regional training center. Prior to the beginning of the	78231
fiscal biennium that first follows the effective date of this	78232
amendment, the public children services agency of Butler county	78233
shall establish and maintain a regional training center. At any	78234
time after the beginning of ~~that~~the specified biennium, the	78235
department of job and family services, on the recommendation of	78236
the Ohio child welfare training program steering committee, may	78237
direct a public children services agency to establish and maintain	78238
a training center to replace the center established by an agency	78239
under this section. There may be no more and no less than eight	78240
centers in existence at any time. The department may make a grant	78241
to a public children services agency that establishes and	78242
maintains a regional training center under this section for the	78243
purpose of wholly or partially subsidizing the operation of the	78244
center. The department shall specify in the grant all of the	78245
center's duties, including the duties specified in section	78246
5103.422 of the Revised Code.	78247

The regional training center established by the public	78248
children services agency of Butler county under this section	78249
replaces the regional training center previously established by	78250
the public children services agency of Hamilton county under this	78251
section.	78252

Sec. 5104.012. (A)(1) At the times specified in this	78253
division, the administrator of a child day-care center or a type A	78254
family day-care home shall request the superintendent of the	78255
bureau of criminal identification and investigation to conduct a	78256
criminal records check with respect to any applicant who has	78257
applied to the center or type A home for employment as a person	78258
responsible for the care, custody, or control of a child.	78259

The administrator shall request a criminal records check	78260
pursuant to this division at the time of the applicant's initial	78261
application for employment and every ~~four~~five years thereafter.	78262
When the administrator requests pursuant to this division a	78263
criminal records check for an applicant at the time of the	78264
applicant's initial application for employment, the administrator	78265
shall request that the superintendent obtain information from the	78266
federal bureau of investigation as a part of the criminal records	78267
check for the applicant, including fingerprint-based checks of	78268
national crime information databases as described in 42 U.S.C.	78269
671, for the person subject to the criminal records check. In all	78270
other cases in which the administrator requests a criminal records	78271
check for an applicant pursuant to this division, the	78272
administrator may request that the superintendent include	78273
information from the federal bureau of investigation in the	78274
criminal records check, including fingerprint-based checks of	78275
national crime information databases as described in 42 U.S.C.	78276
671.	78277

(2) A person required by division (A)(1) of this section to	78278
request a criminal records check shall provide to each applicant a	78279
copy of the form prescribed pursuant to division (C)(1) of section	78280
109.572 of the Revised Code, provide to each applicant a standard	78281
impression sheet to obtain fingerprint impressions prescribed	78282
pursuant to division (C)(2) of section 109.572 of the Revised	78283
Code, obtain the completed form and impression sheet from each	78284
applicant, and forward the completed form and impression sheet to	78285
the superintendent of the bureau of criminal identification and	78286
investigation at the time the person requests a criminal records	78287
check pursuant to division (A)(1) of this section. On and after	78288
August 14, 2008, the administrator of a child day-care center or a	78289
type A family day-care home shall review the results of the	78290
criminal records check before the applicant has sole	78291
responsibility for the care, custody, or control of any child.	78292

(3) An applicant who receives pursuant to division (A)(2) of	78293
this section a copy of the form prescribed pursuant to division	78294
(C)(1) of section 109.572 of the Revised Code and a copy of an	78295
impression sheet prescribed pursuant to division (C)(2) of that	78296
section and who is requested to complete the form and provide a	78297
set of fingerprint impressions shall complete the form or provide	78298
all the information necessary to complete the form and shall	78299
provide the impression sheet with the impressions of the	78300
applicant's fingerprints. If an applicant, upon request, fails to	78301
provide the information necessary to complete the form or fails to	78302
provide impressions of the applicant's fingerprints, the center or	78303
type A home shall not employ that applicant for any position for	78304
which a criminal records check is required by division (A)(1) of	78305
this section.	78306

(B)(1) Except as provided in rules adopted under division (E)	78307
of this section, no child day-care center or type A family	78308
day-care home shall employ or contract with another entity for the	78309
services of a person as a person responsible for the care,	78310
custody, or control of a child if the person previously has been	78311
convicted of or pleaded guilty to any of the violations described	78312
in division (A)(5) of section 109.572 of the Revised Code.	78313

(2) A child day-care center or type A family day-care home	78314
may employ an applicant conditionally until the criminal records	78315
check required by this section is completed and the center or home	78316
receives the results of the criminal records check. If the results	78317
of the criminal records check indicate that, pursuant to division	78318
(B)(1) of this section, the applicant does not qualify for	78319
employment, the center or home shall release the applicant from	78320
employment.	78321

(C)(1) Each child day-care center and type A family day-care	78322
home shall pay to the bureau of criminal identification and	78323
investigation the fee prescribed pursuant to division (C)(3) of	78324
section 109.572 of the Revised Code for each criminal records	78325
check conducted in accordance with that section upon the request	78326
pursuant to division (A)(1) of this section of the administrator	78327
or provider of the center or home.	78328

(2) A child day-care center and type A family day-care home	78329
may charge an applicant a fee for the costs it incurs in obtaining	78330
a criminal records check under this section. A fee charged under	78331
this division shall not exceed the amount of fees the center or	78332
home pays under division (C)(1) of this section. If a fee is	78333
charged under this division, the center or home shall notify the	78334
applicant at the time of the applicant's initial application for	78335
employment of the amount of the fee and that, unless the fee is	78336
paid, the center or type A home will not consider the applicant	78337
for employment.	78338

(D) The report of any criminal records check conducted by the	78339
bureau of criminal identification and investigation in accordance	78340
with section 109.572 of the Revised Code and pursuant to a request	78341
under division (A)(1) of this section is not a public record for	78342
the purposes of section 149.43 of the Revised Code and shall not	78343
be made available to any person other than the applicant who is	78344
the subject of the criminal records check or the applicant's	78345
representative; the center or type A home requesting the criminal	78346
records check or its representative; the department of job and	78347
family services or a county department of job and family services;	78348
and any court, hearing officer, or other necessary individual	78349
involved in a case dealing with the denial of employment to the	78350
applicant.	78351

(E) The director of job and family services shall adopt rules	78352
pursuant to Chapter 119. of the Revised Code to implement this	78353
section, including rules specifying circumstances under which a	78354
center or home may hire a person who has been convicted of an	78355
offense listed in division (B)(1) of this section but who meets	78356
standards in regard to rehabilitation set by the department.	78357

(F) Any person required by division (A)(1) of this section to	78358
request a criminal records check shall inform each person, at the	78359
time of the person's initial application for employment, that the	78360
person is required to provide a set of impressions of the person's	78361
fingerprints and that a criminal records check is required to be	78362
conducted and satisfactorily completed in accordance with section	78363
109.572 of the Revised Code if the person comes under final	78364
consideration for appointment or employment as a precondition to	78365
employment for that position.	78366

(G) As used in this section:

78367

(1) "Applicant" means a person who is under final	78368
consideration for appointment to or employment in a position with	78369
a child day-care center or a type A family day-care home as a	78370
person responsible for the care, custody, or control of a child;	78371
an in-home aide certified pursuant to section 5104.12 of the	78372
Revised Code; or any person who would serve in any position with a	78373
child day-care center or a type A family day-care home as a person	78374
responsible for the care, custody, or control of a child pursuant	78375
to a contract with another entity.	78376

(2) "Criminal records check" has the same meaning as in	78377
section 109.572 of the Revised Code.	78378

Sec. 5104.013. (A)(1) At the times specified in division	78379
(A)(3) of this section, the director of job and family services,	78380
as part of the process of licensure of child day-care centers and	78381
type A family day-care homes, shall request the superintendent of	78382
the bureau of criminal identification and investigation to conduct	78383
a criminal records check with respect to the following persons:	78384

(a) Any owner, licensee, or administrator of a child day-care	78385
center;	78386

(b) Any owner, licensee, or administrator of a type A family	78387
day-care home and any person eighteen years of age or older who	78388
resides in a type A family day-care home.	78389

(2) At the times specified in division (A)(3) of this	78390
section, the director of a county department of job and family	78391
services, as part of the process of certification of type B family	78392
day-care homes, shall request the superintendent of the bureau of	78393
criminal identification and investigation to conduct a criminal	78394
records check with respect to any authorized provider of a	78395
certified type B family day-care home and any person eighteen	78396
years of age or older who resides in a certified type B family	78397
day-care home.	78398

(3) The director of job and family services shall request a	78399
criminal records check pursuant to division (A)(1) of this section	78400
at the time of the initial application for licensure and every	78401
~~four~~five years thereafter. The director of a county department of	78402
job and family services shall request a criminal records check	78403
pursuant to division (A)(2) of this section at the time of the	78404
initial application for certification and every ~~four~~five years	78405
thereafter at the time of a certification renewal. When the	78406
director of job and family services or the director of a county	78407
department of job and family services requests pursuant to	78408
division (A)(1) or (2) of this section a criminal records check	78409
for a person at the time of the person's initial application for	78410
licensure or certification, the director shall request that the	78411
superintendent of the bureau of criminal identification and	78412
investigation obtain information from the federal bureau of	78413
investigation as a part of the criminal records check for the	78414
person, including fingerprint-based checks of national crime	78415
information databases as described in 42 U.S.C. 671 for the person	78416
subject to the criminal records check. In all other cases in which	78417
the director of job and family services or the director of a	78418
county department of job and family services requests a criminal	78419
records check for an applicant pursuant to division (A)(1) or (2)	78420
of this section, the director may request that the superintendent	78421
include information from the federal bureau of investigation in	78422
the criminal records check, including fingerprint-based checks of	78423
national crime information databases as described in 42 U.S.C.	78424
671.	78425

(4) The director of job and family services shall review the	78426
results of a criminal records check subsequent to a request made	78427
pursuant to divisions (A)(1) and (3) of this section prior to	78428
approval of a license. The director of a county department of job	78429
and family services shall review the results of a criminal records	78430
check subsequent to a request made pursuant to divisions (A)(2)	78431
and (3) of this section prior to approval of certification.	78432

(B) The director of job and family services or the director	78433
of a county department of job and family services shall provide to	78434
each person for whom a criminal records check is required under	78435
this section a copy of the form prescribed pursuant to division	78436
(C)(1) of section 109.572 of the Revised Code and a standard	78437
impression sheet to obtain fingerprint impressions prescribed	78438
pursuant to division (C)(2) of that section, obtain the completed	78439
form and impression sheet from that person, and forward the	78440
completed form and impression sheet to the superintendent of the	78441
bureau of criminal identification and investigation.	78442

(C) A person who receives pursuant to division (B) of this	78443
section a copy of the form and standard impression sheet described	78444
in that division and who is requested to complete the form and	78445
provide a set of fingerprint impressions shall complete the form	78446
or provide all the information necessary to complete the form and	78447
shall provide the impression sheet with the impressions of the	78448
person's fingerprints. If the person, upon request, fails to	78449
provide the information necessary to complete the form or fails to	78450
provide impressions of the person's fingerprints, the director may	78451
consider the failure as a reason to deny licensure or	78452
certification.	78453

(D) Except as provided in rules adopted under division (G) of	78454
this section, the director of job and family services shall not	78455
grant a license to a child day-care center or type A family	78456
day-care home and a county director of job and family services	78457
shall not certify a type B family day-care home if a person for	78458
whom a criminal records check was required in connection with the	78459
center or home previously has been convicted of or pleaded guilty	78460
to any of the violations described in division (A)(5) of section	78461
109.572 of the Revised Code.	78462

(E) Each child day-care center, type A family day-care home,	78463
and type B family day-care home shall pay to the bureau of	78464
criminal identification and investigation the fee prescribed	78465
pursuant to division (C)(3) of section 109.572 of the Revised Code	78466
for each criminal records check conducted in accordance with that	78467
section upon a request made pursuant to division (A) of this	78468
section.	78469

(F) The report of any criminal records check conducted by the	78470
bureau of criminal identification and investigation in accordance	78471
with section 109.572 of the Revised Code and pursuant to a request	78472
made under division (A) of this section is not a public record for	78473
the purposes of section 149.43 of the Revised Code and shall not	78474
be made available to any person other than the person who is the	78475
subject of the criminal records check or the person's	78476
representative, the director of job and family services, the	78477
director of a county department of job and family services, the	78478
center, type A home, or type B home involved, and any court,	78479
hearing officer, or other necessary individual involved in a case	78480
dealing with a denial of licensure or certification related to the	78481
criminal records check.	78482

(G) The director of job and family services shall adopt rules	78483
pursuant to Chapter 119. of the Revised Code to implement this	78484
section, including rules specifying exceptions to the prohibition	78485
in division (D) of this section for persons who have been	78486
convicted of an offense listed in that division but who meet	78487
standards in regard to rehabilitation set by the director.	78488

(H) As used in this section, "criminal records check" has the	78489
same meaning as in section 109.572 of the Revised Code.	78490

Sec. 5104.02. (A) The director of job and family services is	78491
responsible for the licensing of child day-care centers and type A	78492
family day-care homes. Each entity operating a head start program	78493
shall meet the criteria for, and be licensed as, a child day-care	78494
center. The director is responsible for the enforcement of this	78495
chapter and of rules promulgated pursuant to this chapter.	78496

No person, firm, organization, institution, or agency shall	78497
operate, establish, manage, conduct, or maintain a child day-care	78498
center or type A family day-care home without a license issued	78499
under section 5104.03 of the Revised Code. The current license	78500
shall be posted in a conspicuous place in the center or type A	78501
home that is accessible to parents, custodians, or guardians and	78502
employees of the center or type A home at all times when the	78503
center or type A home is in operation.	78504

(B) A person, firm, institution, organization, or agency	78505
operating any of the following programs is exempt from the	78506
requirements of this chapter:	78507

(1) A program of child care that operates for two or less	78508
consecutive weeks;	78509

(2) Child care in places of worship during religious	78510
activities during which children are cared for while at least one	78511
parent, guardian, or custodian of each child is participating in	78512
such activities and is readily available;	78513

(3) Religious activities which do not provide child care;

78514

(4) Supervised training, instruction, or activities of	78515
children in specific areas, including, but not limited to: art;	78516
drama; dance; music; gymnastics, swimming, or another athletic	78517
skill or sport; computers; or an educational subject conducted on	78518
an organized or periodic basis no more than one day a week and for	78519
no more than six hours duration;	78520

(5) Programs in which the director determines that at least	78521
one parent, custodian, or guardian of each child is on the	78522
premises of the facility offering child care and is readily	78523
accessible at all times, except that child care provided on the	78524
premises at which a parent, custodian, or guardian is employed	78525
more than two and one-half hours a day shall be licensed in	78526
accordance with division (A) of this section;	78527

(6)(a) Programs that provide child care funded and regulated	78528
or operated and regulated by state departments other than the	78529
department of job and family services or the state board of	78530
education when the director of job and family services has	78531
determined that the rules governing the program are equivalent to	78532
or exceed the rules promulgated pursuant to this chapter.	78533

Notwithstanding any exemption from regulation under this	78534
chapter, each state department shall submit to the director of job	78535
and family services a copy of the rules that govern programs that	78536
provide child care and are regulated or operated and regulated by	78537
the department. Annually, each state department shall submit to	78538
the director a report for each such program it regulates or	78539
operates and regulates that includes the following information:	78540

(i) The site location of the program;

78541

(ii) The maximum number of infants, toddlers, preschool-age	78542
children, or school-age children served by the program at one	78543
time;	78544

(iii) The number of adults providing child care for the	78545
number of infants, toddlers, preschool-age children, or school-age	78546
children;	78547

(iv) Any changes in the rules made subsequent to the time	78548
when the rules were initially submitted to the director.	78549

The director shall maintain a record of the child care	78550
information submitted by other state departments and shall provide	78551
this information upon request to the general assembly or the	78552
public.	78553

(b) Child care programs conducted by boards of education or	78554
by chartered nonpublic schools that are conducted in school	78555
buildings and that provide child care to school-age children only	78556
shall be exempt from meeting or exceeding rules promulgated	78557
pursuant to this chapter.	78558

(7) Any preschool program or school child program, except a	78559
head start program, that is subject to licensure by the department	78560
of education under sections 3301.52 to 3301.59 of the Revised	78561
Code.	78562

(8) Any program providing child care that meets all of the	78563
following requirements and, on October 20, 1987, was being	78564
operated by a nonpublic school that holds a charter issued by the	78565
state board of education for kindergarten only:	78566

(a) The nonpublic school has given the notice to the state	78567
board and the director of job and family services required by	78568
Section 4 of Substitute House Bill No. 253 of the 117th general	78569
assembly;	78570

(b) The nonpublic school continues to be chartered by the	78571
state board for kindergarten, or receives and continues to hold a	78572
charter from the state board for kindergarten through grade five;	78573

78574

(d) The program is operated in accordance with rules	78575
promulgated by the state board under sections 3301.52 to 3301.57	78576
of the Revised Code.	78577

(9) A youth development program operated outside of school	78578
hours by a community-based center to which all of the following	78579
apply:	78580

(a) The children enrolled in the program are under nineteen	78581
years of age and enrolled in or eligible to be enrolled in a grade	78582
of kindergarten or above.	78583

(b) The program provides informal child care ~~and at least~~	78584
~~two~~, which is child care that does not require parental signature,	78585
permission, or notice for the child receiving the care to enter or	78586
leave the program;	78587

(c) The program provides any of the following supervised	78588
activities: educational, recreational, culturally enriching,	78589
social, and personal development activities.	78590

~~(c)~~(d) The program is eligible for participation in the child	78591
and adult care food program as an outside-school-hours care center	78592
pursuant to standards established under section 3313.813 of the	78593
Revised Code.	78594

~~(d)~~(e) The community-based center operating the program is	78595
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	78596
and (c)(3).	78597

Sec. 5104.021. The director of job and family services may	78598
~~not~~ issue a child day-care center or type A family day-care home	78599
license to a youth development program that is exempted by	78600
division (B)(9) of section 5104.02 of the Revised Code from the	78601
requirements of this chapter if the youth development program	78602
applies for and meets all of the requirements for the license.	78603

Sec. 5104.03. (A) Any person, firm, organization,	78604
institution, or agency desiring to establish a child day-care	78605
center or type A family day-care home shall apply for a license to	78606
the director of job and family services on such form as the	78607
director prescribes. The director shall provide at no charge to	78608
each applicant for licensure a copy of the child care license	78609
requirements in this chapter and a copy of the rules adopted	78610
pursuant to this chapter. The copies may be provided in paper or	78611
electronic form.	78612

Fees shall be set by the director pursuant to section	78613
5104.011 of the Revised Code and shall be paid at the time of	78614
application for a license to operate a center or type A home. Fees	78615
collected under this section shall be paid into the state treasury	78616
to the credit of the general revenue fund.	78617

(B) Upon filing of the application for a license, the	78618
director shall investigate and inspect the center or type A home	78619
to determine the license capacity for each age category of	78620
children of the center or type A home and to determine whether the	78621
center or type A home complies with this chapter and rules adopted	78622
pursuant to this chapter. When, after investigation and	78623
inspection, the director is satisfied that this chapter and rules	78624
adopted pursuant to it are complied with, subject to division (G)	78625
of this section, a provisional license shall be issued as soon as	78626
practicable in such form and manner as prescribed by the director.	78627
The provisional license shall be valid for twelve months from the	78628
date of issuance unless revoked.	78629

(C) The director shall investigate and inspect the center or	78630
type A home at least once during operation under the provisional	78631
license. If after the investigation and inspection the director	78632
determines that the requirements of this chapter and rules adopted	78633
pursuant to this chapter are met, subject to division (G) of this	78634
section, the director shall issue a license to the center or home.	78635

(D) The license or provisional license shall state the name	78636
of the licensee, the name of the administrator, the address of the	78637
center or type A home, and the license capacity for each age	78638
category of children. The license or provisional license shall	78639
include thereon, in accordance with section 5104.011 of the	78640
Revised Code, the toll-free telephone number to be used by persons	78641
suspecting that the center or type A home has violated a provision	78642
of this chapter or rules adopted pursuant to this chapter. A	78643
license or provisional license is valid only for the licensee,	78644
administrator, address, and license capacity for each age category	78645
of children designated on the license. The license capacity	78646
specified on the license or provisional license is the maximum	78647
number of children in each age category that may be cared for in	78648
the center or type A home at one time.	78649

The center or type A home licensee shall notify the director	78650
when the administrator of the center or home changes. The director	78651
shall amend the current license or provisional license to reflect	78652
a change in an administrator, if the administrator meets the	78653
requirements of Chapter 5104. of the Revised Code and rules	78654
adopted pursuant to Chapter 5104. of the Revised Code, or a change	78655
in license capacity for any age category of children as determined	78656
by the director of job and family services.	78657

(E) If the director revokes the license of a center or a type	78658
A home, the director shall not issue another license to the owner	78659
of the center or type A home until five years have elapsed from	78660
the date the license is revoked.	78661

If the director denies an application for a license, the	78662
director shall not accept another application from the applicant	78663
until five years have elapsed from the date the application is	78664
denied.	78665

(F) If during the application for licensure process the	78666
director determines that the license of the owner has been	78667
revoked, the investigation of the center or type A home shall	78668
cease. This action does not constitute denial of the application	78669
and may not be appealed under division (G) of this section.	78670

(G) All actions of the director with respect to licensing	78671
centers or type A homes, refusal to license, and revocation of a	78672
license shall be in accordance with Chapter 119. of the Revised	78673
Code. Any applicant who is denied a license or any owner whose	78674
license is revoked may appeal in accordance with section 119.12 of	78675
the Revised Code.	78676

(H) In no case shall the director issue a license or	78677
provisional license under this section for a type A home or center	78678
if the director, based on documentation provided by the	78679
appropriate county department of job and family services,	78680
determines that the applicant previously had been certified as a	78681
type B family day-care home, that the county department revoked	78682
that certification within the immediately preceding five years,	78683
that the revocation was based on the applicant's refusal or	78684
inability to comply with the criteria for certification, and that	78685
the refusal or inability resulted in a risk to the health or	78686
safety of children.	78687

Sec. 5104.08. (A) There is hereby created in the department	78688
of job and family services a child care advisory council to advise	78689
and assist the department in the administration of this chapter	78690
and in the development of child care. The council shall consist of	78691
twenty-two voting members appointed by the director of job and	78692
family services with the approval of the governor. The director of	78693
job and family services, the director of developmental	78694
disabilities, the director of ~~mental health~~mental health and	78695
addiction services, the superintendent of public instruction, the	78696
director of health, the director of commerce, and the state fire	78697
marshal shall serve as nonvoting members of the council.	78698

Six members shall be representatives of child care centers	78699
subject to licensing, the members to represent a variety of	78700
centers, including nonprofit and proprietary, from different	78701
geographical areas of the state. At least three members shall be	78702
parents, guardians, or custodians of children receiving child care	78703
or publicly funded child care in the child's own home, a center, a	78704
type A home, a head start program, a certified type B home, or a	78705
type B home at the time of appointment. Three members shall be	78706
representatives of in-home aides, type A homes, certified type B	78707
homes, or type B homes or head start programs. At least six	78708
members shall represent county departments of job and family	78709
services. The remaining members shall be representatives of the	78710
teaching, child development, and health professions, and other	78711
individuals interested in the welfare of children. At least six	78712
members of the council shall not be employees or licensees of a	78713
child day-care center, head start program, or type A home, or	78714
providers operating a certified type B home or type B home, or	78715
in-home aides.	78716

Appointments shall be for three-year terms. Vacancies shall	78717
be filled for the unexpired terms. A member of the council is	78718
subject to removal by the director of job and family services for	78719
a willful and flagrant exercise of authority or power that is not	78720
authorized by law, for a refusal or willful neglect to perform any	78721
official duty as a member of the council imposed by law, or for	78722
being guilty of misfeasance, malfeasance, nonfeasance, or gross	78723
neglect of duty as a member of the council.	78724

There shall be two co-chairpersons of the council. One	78725
co-chairperson shall be the director of job and family services or	78726
the director's designee, and one co-chairperson shall be elected	78727
by the members of the council. The council shall meet as often as	78728
is necessary to perform its duties, provided that it shall meet at	78729
least once in each quarter of each calendar year and at the call	78730
of the co-chairpersons. The co-chairpersons or their designee	78731
shall send to each member a written notice of the date, time, and	78732
place of each meeting.	78733

Members of the council shall serve without compensation, but	78734
shall be reimbursed for necessary expenses.	78735

(B) The child care advisory council shall advise the director	78736
on matters affecting the licensing of centers and type A homes and	78737
the certification of type B homes and in-home aides. The council	78738
shall make an annual report to the director of job and family	78739
services that addresses the availability, affordability,	78740
accessibility, and quality of child care and that summarizes the	78741
recommendations and plans of action that the council has proposed	78742
to the director during the preceding fiscal year. The director of	78743
job and family services shall provide copies of the report to the	78744
governor, speaker and minority leader of the house of	78745
representatives, and the president and minority leader of the	78746
senate and, on request, shall make copies available to the public.	78747

(C) The director of job and family services shall adopt rules	78748
pursuant to Chapter 119. of the Revised Code to implement this	78749
section.	78750

Sec. 5104.11. (A)(1) Every person desiring to receive	78751
certification for a type B family day-care home to provide	78752
publicly funded child care shall apply for certification to the	78753
county director of job and family services on such forms as the	78754
director of job and family services prescribes. The county	78755
director shall provide at no charge to each applicant a copy of	78756
rules for certifying type B family day-care homes adopted pursuant	78757
to this chapter.	78758

(2) Except as provided in division (G)(1) of section 5104.011	78759
of the Revised Code, after receipt of an application for	78760
certification from a type B family day-care home, the county	78761
director of job and family services shall inspect the home. If it	78762
complies with this chapter and any applicable rules adopted under	78763
this chapter, the county department shall certify the type B	78764
family day-care home to provide publicly funded child care	78765
pursuant to this chapter and any rules adopted under it. The	78766
director of job and family services or a county director of job	78767
and family services may contract with a government entity or a	78768
private nonprofit entity for that entity to inspect and certify	78769
type B family day-care homes pursuant to this section. The county	78770
department of job and family services, government entity, or	78771
nonprofit entity shall conduct the inspection prior to the	78772
issuance of a certificate for the type B home and, as part of that	78773
inspection, ensure that the type B home is safe and sanitary.	78774

(3)(a) On receipt of an application for certification for a	78775
type B family day-care home to provide publicly funded child care	78776
or for renewal of such certification, the county department shall	78777
request from ~~both of the following~~the public children services	78778
agency information concerning any abuse or neglect report made	78779
pursuant to section 2151.421 of the Revised Code of which the	78780
applicant, any other adult residing in the applicant's home, or a	78781
person designated by the applicant to be an emergency or	78782
substitute caregiver for the applicant is the subject:	78783

~~(i) The public children services agency, until the county~~	78784
~~department is notified by the department of job and family~~	78785
~~services that the uniform statewide automated child welfare~~	78786
~~information system has been finalized statewide;~~	78787

~~(ii) Upon receipt of notification under division (D) of~~	78788
~~section 5101.13 of the Revised Code that the uniform statewide~~	78789
~~automated child welfare information system has been implemented~~	78790
~~statewide, the uniform statewide automated child welfare~~	78791
~~information system via the department~~.	78792

(b) The county department shall consider any information	78793
provided by the agency ~~or the department~~ pursuant to section	78794
5153.175 of the Revised Code. If the county department determines	78795
that the information, when viewed within the totality of the	78796
circumstances, reasonably leads to the conclusion that the	78797
applicant may directly or indirectly endanger the health, safety,	78798
or welfare of children, the county department shall deny the	78799
application for certification or renewal of certification, or	78800
revoke the certification of an authorized provider.	78801

(c) As used in division (A)(3) of this section, "public	78802
children services agency" means either an entity separate from the	78803
county department or the part of the county department that serves	78804
as the county's public children services agency, as appropriate.	78805

(4) Except as provided in division (A)(5) of this section, an	78806
authorized provider of a type B family day-care home that receives	78807
a certificate pursuant to this section to provide publicly funded	78808
child care is an independent contractor and is not an employee of	78809
the county department of job and family services that issues the	78810
certificate.	78811

(5) For purposes of Chapter 4141. of the Revised Code,	78812
determinations concerning the employment of an authorized provider	78813
of a type B family day-care home that receives a certificate	78814
pursuant to this section shall be determined under Chapter 4141.	78815
of the Revised Code.	78816

(B)(1) If the county director of job and family services	78817
determines that the type B family day-care home complies with this	78818
chapter and any rules adopted under it, the county director shall	78819
issue to the provider a certificate to provide publicly funded	78820
child care~~, which~~. The certificate is valid for twelve months,	78821
unless revoked earlier. ~~The county director may revoke the~~	78822
~~certificate after determining that revocation is necessary.~~ The	78823
authorized provider shall post the certificate in a conspicuous	78824
place in the certified type B home that is accessible to parents,	78825
custodians, or guardians at all times. The certificate shall state	78826
the name and address of the authorized provider, the maximum	78827
number of children who may be cared for at any one time in the	78828
certified type B home, the expiration date of the certification,	78829
and the name and telephone number of the county director who	78830
issued the certificate.	78831

(2) The county director may revoke a certificate to provide	78832
publicly funded child care in either of the following	78833
circumstances:	78834

(a) The county director determines, pursuant to rules adopted	78835
under Chapter 119. of the Revised Code, that revocation is	78836
necessary;	78837

(b) The authorized provider does not comply with division	78838
(D)(2) of section 5104.32 of the Revised Code.	78839

(C)(1) The county director shall inspect every certified type	78840
B family day-care home at least twice within each twelve-month	78841
period of the operation of the certified type B home. A minimum of	78842
one inspection shall be unannounced and all inspections may be	78843
unannounced. Upon receipt of a complaint, the county director	78844
shall investigate the certified type B home, and division (C)(2)	78845
of this section applies regarding the complaint. The authorized	78846
provider shall permit the county director to inspect any part of	78847
the certified type B home. The county director shall prepare a	78848
written inspection report and furnish one copy to the authorized	78849
provider within a reasonable time after the inspection.	78850

(2) Upon receipt of a complaint as described in division	78851
(C)(1) of this section, in addition to the investigation that is	78852
required under that division, both of the following apply:	78853

(a) If the complaint alleges that a child suffered physical	78854
harm while receiving child care at the certified type B family	78855
day-care home or that the noncompliance with law or act alleged in	78856
the complaint involved, resulted in, or poses a substantial risk	78857
of physical harm to a child receiving child care at the home, the	78858
county director shall inspect the home.	78859

(b) If division (C)(2)(a) of this section does not apply	78860
regarding the complaint, the county director may inspect the	78861
certified type B family day-care home.	78862

(3) Division (C)(2) of this section does not limit, restrict,	78863
or negate any duty of the county director to inspect a certified	78864
type B family day-care home that otherwise is imposed under this	78865
section, or any authority of the county director to inspect a home	78866
that otherwise is granted under this section when the county	78867
director believes the inspection is necessary and it is permitted	78868
under the grant.	78869

(D) The county director of job and family services, in	78870
accordance with rules adopted pursuant to section 5104.052 of the	78871
Revised Code regarding fire safety and fire prevention, shall	78872
inspect each type B home that applies to be certified that is	78873
providing or is to provide publicly funded child care.	78874

(E) All materials that are supplied by the department of job	78875
and family services to type A family day-care home providers, type	78876
B family day-care home providers, in-home aides, persons who	78877
desire to be type A family day-care home providers, type B family	78878
day-care home providers, or in-home aides, and caretaker parents	78879
shall be written at no higher than the sixth grade reading level.	78880
The department may employ a readability expert to verify its	78881
compliance with this division.	78882

Sec. 5104.12. (A) The county director of job and family	78883
services may certify in-home aides to provide publicly funded	78884
child care pursuant to this chapter and any rules adopted under	78885
it. Any in-home aide who receives a certificate pursuant to this	78886
section to provide publicly funded child care is an independent	78887
contractor and is not an employee of the county department of job	78888
and family services that issues the certificate.	78889

(B) Every person desiring to receive certification as an	78890
in-home aide shall apply for certification to the county director	78891
of job and family services on such forms as the director of job	78892
and family services prescribes. The county director shall provide	78893
at no charge to each applicant a copy of rules for certifying	78894
in-home aides adopted pursuant to this chapter.	78895

(C)(1) If the county director of job and family services	78896
determines that public funds are available and that the person	78897
complies with this chapter and any rules adopted under it, the	78898
county director shall certify the person as an in-home aide and	78899
issue the person a certificate to provide publicly funded child	78900
care for twelve months. ~~The county director may revoke the~~	78901
~~certificate after determining that revocation is necessary.~~ The	78902
county director shall furnish a copy of the certificate to the	78903
parent, custodian, or guardian. The certificate shall state the	78904
name and address of the in-home aide, the expiration date of the	78905
certification, and the name and telephone number of the county	78906
director who issued the certificate.	78907

(2) The county director may revoke the certificate in either	78908
of the following circumstances:	78909

(a) The county director determines, pursuant to rules adopted	78910
under Chapter 119. of the Revised Code, that revocation is	78911
necessary;	78912

(b) The in-home aide does not comply with division (D)(2) of	78913
section 5104.32 of the Revised Code.	78914

(D)(1) The county director of job and family services shall	78915
inspect every home of a child who is receiving publicly funded	78916
child care in the child's own home while the in-home aide is	78917
providing the services. Inspections may be unannounced. Upon	78918
receipt of a complaint, the county director shall investigate the	78919
in-home aide, shall investigate the home of a child who is	78920
receiving publicly funded child care in the child's own home, and	78921
division (D)(2) of this section applies regarding the complaint.	78922
The caretaker parent shall permit the county director to inspect	78923
any part of the child's home. The county director shall prepare a	78924
written inspection report and furnish one copy each to the in-home	78925
aide and the caretaker parent within a reasonable time after the	78926
inspection.	78927

(2) Upon receipt of a complaint as described in division	78928
(D)(1) of this section, in addition to the investigations that are	78929
required under that division, both of the following apply:	78930

(a) If the complaint alleges that a child suffered physical	78931
harm while receiving publicly funded child care in the child's own	78932
home from an in-home aide or that the noncompliance with law or	78933
act alleged in the complaint involved, resulted in, or poses a	78934
substantial risk of physical harm to a child receiving publicly	78935
funded child care in the child's own home from an in-home aide,	78936
the county director shall inspect the home of the child.	78937

(b) If division (D)(2)(a) of this section does not apply	78938
regarding the complaint, the county director may inspect the home	78939
of the child.	78940

(3) Division (D)(2) of this section does not limit, restrict,	78941
or negate any duty of the county director to inspect a home of a	78942
child who is receiving publicly funded child care from an in-home	78943
aide that otherwise is imposed under this section, or any	78944
authority of the county director to inspect such a home that	78945
otherwise is granted under this section when the county director	78946
believes the inspection is necessary and it is permitted under the	78947
grant.	78948

Sec. 5104.32. (A) Except as provided in division (C) of this	78949
section, all purchases of publicly funded child care shall be made	78950
under a contract entered into by a licensed child day-care center,	78951
licensed type A family day-care home, certified type B family	78952
day-care home, certified in-home aide, approved child day camp,	78953
licensed preschool program, licensed school child program, or	78954
border state child care provider and the department of job and	78955
family services. All contracts for publicly funded child care	78956
shall be contingent upon the availability of state and federal	78957
funds. The department shall prescribe a standard form to be used	78958
for all contracts for the purchase of publicly funded child care,	78959
regardless of the source of public funds used to purchase the	78960
child care. To the extent permitted by federal law and	78961
notwithstanding any other provision of the Revised Code that	78962
regulates state contracts or contracts involving the expenditure	78963
of state or federal funds, all contracts for publicly funded child	78964
care shall be entered into in accordance with the provisions of	78965
this chapter and are exempt from any other provision of the	78966
Revised Code that regulates state contracts or contracts involving	78967
the expenditure of state or federal funds.	78968

(B) Each contract for publicly funded child care shall	78969
specify at least the following:	78970

(1) That the provider of publicly funded child care agrees to	78971
be paid for rendering services at the lower of the rate	78972
customarily charged by the provider for children enrolled for	78973
child care or the reimbursement ceiling or rate of payment	78974
established pursuant to section 5104.30 of the Revised Code;	78975

(2) That, if a provider provides child care to an individual	78976
potentially eligible for publicly funded child care who is	78977
subsequently determined to be eligible, the department agrees to	78978
pay for all child care provided between the date the county	78979
department of job and family services receives the individual's	78980
completed application and the date the individual's eligibility is	78981
determined;	78982

(3) Whether the county department of job and family services,	78983
the provider, or a child care resource and referral service	78984
organization will make eligibility determinations, whether the	78985
provider or a child care resource and referral service	78986
organization will be required to collect information to be used by	78987
the county department to make eligibility determinations, and the	78988
time period within which the provider or child care resource and	78989
referral service organization is required to complete required	78990
eligibility determinations or to transmit to the county department	78991
any information collected for the purpose of making eligibility	78992
determinations;	78993

(4) That the provider, other than a border state child care	78994
provider, shall continue to be licensed, approved, or certified	78995
pursuant to this chapter and shall comply with all standards and	78996
other requirements in this chapter and in rules adopted pursuant	78997
to this chapter for maintaining the provider's license, approval,	78998
or certification;	78999

(5) That, in the case of a border state child care provider,	79000
the provider shall continue to be licensed, certified, or	79001
otherwise approved by the state in which the provider is located	79002
and shall comply with all standards and other requirements	79003
established by that state for maintaining the provider's license,	79004
certificate, or other approval;	79005

(6) Whether the provider will be paid by the state department	79006
of job and family services or in some other manner as prescribed	79007
by rules adopted under section 5104.42 of the Revised Code;	79008

(7) That the contract is subject to the availability of state	79009
and federal funds.	79010

(C) Unless specifically prohibited by federal law or by rules	79011
adopted under section 5104.42 of the Revised Code, the county	79012
department of job and family services shall give individuals	79013
eligible for publicly funded child care the option of obtaining	79014
certificates that the individual may use to purchase services from	79015
any provider qualified to provide publicly funded child care under	79016
section 5104.31 of the Revised Code. Providers of publicly funded	79017
child care may present these certificates for payment in	79018
accordance with rules that the director of job and family services	79019
shall adopt. Only providers may receive payment for certificates.	79020
The value of the certificate shall be based on the lower of the	79021
rate customarily charged by the provider or the rate of payment	79022
established pursuant to section 5104.30 of the Revised Code. The	79023
county department may provide the certificates to the individuals	79024
or may contract with child care providers or child care resource	79025
and referral service organizations that make determinations of	79026
eligibility for publicly funded child care pursuant to contracts	79027
entered into under section 5104.34 of the Revised Code for the	79028
providers or resource and referral service organizations to	79029
provide the certificates to individuals whom they determine are	79030
eligible for publicly funded child care.	79031

For each six-month period a provider of publicly funded child	79032
care provides publicly funded child care to the child of an	79033
individual given certificates, the individual shall provide the	79034
provider certificates for days the provider would have provided	79035
publicly funded child care to the child had the child been	79036
present. The maximum number of days providers shall be provided	79037
certificates shall not exceed ten days in a six-month period	79038
during which publicly funded child care is provided to the child	79039
regardless of the number of providers that provide publicly funded	79040
child care to the child during that period.	79041

(D)(1) The department shall establish the Ohio electronic	79042
child care system to track attendance and calculate payments for	79043
publicly funded child care. The system shall include issuing an	79044
electronic child care card to each caretaker parent to swipe	79045
through a point-of-service device issued to an eligible provider,	79046
as described in section 5104.31 of the Revised Code.	79047

(2) Each eligible provider that provides publicly funded	79048
child care shall participate in the Ohio electronic child care	79049
system. A provider participating in the system shall not do any of	79050
the following:	79051

(a) Use or have possession of an electronic child care card	79052
issued to a caretaker parent;	79053

(b) Falsify attendance records;

79054

(c) Knowingly seek payment for publicly funded child care	79055
that was not provided;	79056

(d) Knowingly accept reimbursement for publicly funded child	79057
care that was not provided.	79058

Sec. 5107.10. (A) As used in this section:

79059

(1) "Countable income," "gross earned income," and "gross	79060
unearned income" have the meanings established in rules adopted	79061
under section 5107.05 of the Revised Code.	79062

(2) "Federal poverty guidelines" has the same meaning as in	79063
section 5101.46 of the Revised Code, except that references to a	79064
person's family in the definition shall be deemed to be references	79065
to the person's assistance group.	79066

(3) "Gross income" means gross earned income and gross	79067
unearned income.	79068

(4) "Strike" means continuous concerted action in failing to	79069
report to duty; willful absence from one's position; or stoppage	79070
of work in whole from the full, faithful, and proper performance	79071
of the duties of employment, for the purpose of inducing,	79072
influencing, or coercing a change in wages, hours, terms, and	79073
other conditions of employment. "Strike" does not include a	79074
stoppage of work by employees in good faith because of dangerous	79075
or unhealthful working conditions at the place of employment that	79076
are abnormal to the place of employment.	79077

(B) Under the Ohio works first program, an assistance group	79078
shall receive, except as otherwise provided by this chapter,	79079
time-limited cash assistance. In the case of an assistance group	79080
that includes a minor head of household or adult, assistance shall	79081
be provided in accordance with the self-sufficiency contract	79082
entered into under section 5107.14 of the Revised Code.	79083

(C) To be eligible to participate in Ohio works first, an	79084
assistance group must meet all of the following requirements:	79085

(1) The assistance group, except as provided in division (E)	79086
of this section, must include at least one of the following:	79087

(a) A minor child who, except as provided in section 5107.24	79088
of the Revised Code, resides with a parent, or specified relative	79089
caring for the child, or, to the extent permitted by Title IV-A	79090
and federal regulations adopted until Title IV-A, resides with a	79091
guardian or custodian caring for the child;	79092

(b) A parent residing with and caring for the parent's minor	79093
child who receives supplemental security income under Title XVI of	79094
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	79095
as amended, or federal, state, or local adoption assistance;	79096

(c) A specified relative residing with and caring for a minor	79097
child who is related to the specified relative in a manner that	79098
makes the specified relative a specified relative and receives	79099
supplemental security income or federal, state, or local foster	79100
care or adoption assistance;	79101

(d) A woman at least six months pregnant.

79102

(2) The assistance group must meet the income requirements	79103
established by division (D) of this section.	79104

(3) No member of the assistance group may be involved in a	79105
strike.	79106

(4) The assistance group must satisfy the requirements for	79107
Ohio works first established by this chapter and ~~sections 5101.58,~~	79108
~~5101.59, and~~section 5101.83 of the Revised Code.	79109

(5) The assistance group must meet requirements for Ohio	79110
works first established by rules adopted under section 5107.05 of	79111
the Revised Code.	79112

(D)(1) Except as provided in division (D)(4) of this section,	79113
to determine whether an assistance group is initially eligible to	79114
participate in Ohio works first, a county department of job and	79115
family services shall do the following:	79116

(a) Determine whether the assistance group's gross income	79117
exceeds fifty per cent of the federal poverty guidelines. In	79118
making this determination, the county department shall disregard	79119
amounts that federal statutes or regulations and sections 5101.17	79120
and 5117.10 of the Revised Code require be disregarded. The	79121
assistance group is ineligible to participate in Ohio works first	79122
if the assistance group's gross income, less the amounts	79123
disregarded, exceeds fifty per cent of the federal poverty	79124
guidelines.	79125

(b) If the assistance group's gross income, less the amounts	79126
disregarded pursuant to division (D)(1)(a) of this section, does	79127
not exceed fifty per cent of the federal poverty guidelines,	79128
determine whether the assistance group's countable income is less	79129
than the payment standard. The assistance group is ineligible to	79130
participate in Ohio works first if the assistance group's	79131
countable income equals or exceeds the payment standard.	79132

(2) For the purpose of determining whether an assistance	79133
group meets the income requirement established by division	79134
(D)(1)(a) of this section, the annual revision that the United	79135
States department of health and human services makes to the	79136
federal poverty guidelines shall go into effect on the first day	79137
of July of the year for which the revision is made.	79138

(3) To determine whether an assistance group participating in	79139
Ohio works first continues to be eligible to participate, a county	79140
department of job and family services shall determine whether the	79141
assistance group's countable income continues to be less than the	79142
payment standard. In making this determination, the county	79143
department shall disregard the first two hundred fifty dollars and	79144
fifty per cent of the remainder of the assistance group's gross	79145
earned income. No amounts shall be disregarded from the assistance	79146
group's gross unearned income. The assistance group ceases to be	79147
eligible to participate in Ohio works first if its countable	79148
income, less the amounts disregarded, equals or exceeds the	79149
payment standard.	79150

(4) If an assistance group reapplies to participate in Ohio	79151
works first not more than four months after ceasing to	79152
participate, a county department of job and family services shall	79153
use the income requirement established by division (D)(3) of this	79154
section to determine eligibility for resumed participation rather	79155
than the income requirement established by division (D)(1) of this	79156
section.	79157

(E)(1) An assistance group may continue to participate in	79158
Ohio works first even though a public children services agency	79159
removes the assistance group's minor children from the assistance	79160
group's home due to abuse, neglect, or dependency if the agency	79161
does both of the following:	79162

(a) Notifies the county department of job and family services	79163
at the time the agency removes the children that it believes the	79164
children will be able to return to the assistance group within six	79165
months;	79166

(b) Informs the county department at the end of each of the	79167
first five months after the agency removes the children that the	79168
parent, guardian, custodian, or specified relative of the children	79169
is cooperating with the case plans prepared for the children under	79170
section 2151.412 of the Revised Code and that the agency is making	79171
reasonable efforts to return the children to the assistance group.	79172

(2) An assistance group may continue to participate in Ohio	79173
works first pursuant to division (E)(1) of this section for not	79174
more than six payment months. This division does not affect the	79175
eligibility of an assistance group that includes a woman at least	79176
six months pregnant.	79177

Sec. 5107.14. (A) An assistance group is ineligible to	79178
participate in Ohio works first unless the following enter into a	79179
written self-sufficiency contract with the county department of	79180
job and family services:	79181

(1) Each adult member of the assistance group;

79182

(2) The assistance group's minor head of household.

79183

(B) A self-sufficiency contract shall set forth the rights	79184
and responsibilities of the assistance group as applicants for and	79185
participants of Ohio works first. Each self-sufficiency contract	79186
shall include, based on appraisals conducted under section 5107.41	79187
of the Revised Code and assessments conducted under section	79188
5107.70 of the Revised Code, the following:	79189

(1) The assistance group's plan, developed under section	79190
5107.41 of the Revised Code, to achieve the goal of self	79191
sufficiency and personal responsibility through unsubsidized	79192
employment within the time limit for participating in Ohio works	79193
first established by section 5107.18 of the Revised Code;	79194

(2) Work activities, developmental activities, and	79195
alternative work activities to which members of the assistance	79196
group are assigned under sections 5107.40 to 5107.69 of the	79197
Revised Code;	79198

(3) The responsibility of a caretaker member of the	79199
assistance group to cooperate in establishing a minor child's	79200
paternity and establishing, modifying, and enforcing a support	79201
order for the child in accordance with section 5107.22 of the	79202
Revised Code;	79203

(4) Other responsibilities that members of the assistance	79204
group must satisfy to participate in Ohio works first and the	79205
consequences for failure or refusal to satisfy the	79206
responsibilities;	79207

(5) An agreement that, except as otherwise provided in a	79208
waiver issued under section 5107.714 of the Revised Code, the	79209
assistance group will comply with the conditions of participating	79210
in Ohio works first established by this chapter and ~~sections~~	79211
~~5101.58, 5101.59, and~~section 5101.83 of the Revised Code;	79212

(6) Assistance and services the county department will	79213
provide to the assistance group;	79214

(7) Assistance and services the child support enforcement	79215
agency and public children services agency will provide to the	79216
assistance group pursuant to a plan of cooperation entered into	79217
under section 307.983 of the Revised Code;	79218

(8) Other provisions designed to assist the assistance group	79219
in achieving self sufficiency and personal responsibility;	79220

(9) Procedures for assessing whether responsibilities are	79221
being satisfied and whether the contract should be amended;	79222

(10) Procedures for amending the contract.

79223

(C) No self-sufficiency contract shall include provisions	79224
regarding the LEAP program.	79225

(D) The county department shall provide without charge a copy	79226
of the self-sufficiency contract to each assistance group member	79227
who signs it.	79228

Sec. 5107.16. (A) If a member of an assistance group fails	79229
or refuses, without good cause, to comply in full with a provision	79230
of a self-sufficiency contract entered into under section 5107.14	79231
of the Revised Code, a county department of job and family	79232
services shall sanction the assistance group as follows:	79233

(1) For a first failure or refusal, the county department	79234
shall deny or terminate the assistance group's eligibility to	79235
participate in Ohio works first for one payment month or until the	79236
failure or refusal ceases, whichever is longer;	79237

(2) For a second failure or refusal, the county department	79238
shall deny or terminate the assistance group's eligibility to	79239
participate in Ohio works first for three payment months or until	79240
the failure or refusal ceases, whichever is longer;	79241

(3) For a third or subsequent failure or refusal, the county	79242
department shall deny or terminate the assistance group's	79243
eligibility to participate in Ohio works first for six payment	79244
months or until the failure or refusal ceases, whichever is	79245
longer.	79246

(B) The director of job and family services shall establish	79247
standards for the determination of good cause for failure or	79248
refusal to comply in full with a provision of a self-sufficiency	79249
contract in rules adopted under section 5107.05 of the Revised	79250
Code.	79251

(C) An assistance group member who fails or refuses, without	79252
good cause, to comply in full with a provision of a	79253
self-sufficiency contract must complete all compliance activities	79254
specified in rules adopted under section 5107.05 of the Revised	79255
Code in order for the failure or refusal to be considered to have	79256
ceased.	79257

(D) After sanctioning an assistance group under division (A)	79258
of this section, a county department of job and family services	79259
shall continue to work with the assistance group.	79260

(E) An adult eligible for medicaid ~~pursuant to division~~	79261
~~(C)(1)(a) of section 5111.01 of the Revised Code~~ who is sanctioned	79262
under division (A)(3) of this section for a failure or refusal,	79263
without good cause, to comply in full with a provision of a	79264
self-sufficiency contract related to work responsibilities under	79265
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	79266
for medicaid unless the adult is otherwise eligible for medicaid	79267
pursuant to ~~another division of section 5111.01 of the Revised~~	79268
~~Code~~an eligibility category other than the category associated	79269
with Title IV-A.	79270

An assistance group that would be participating in Ohio works	79271
first if not for a sanction under this section shall continue to	79272
be eligible for all of the following:	79273

(1) Publicly funded child care in accordance with division	79274
(A)(3) of section 5104.30 of the Revised Code;	79275

(2) Support services in accordance with section 5107.66 of	79276
the Revised Code;	79277

(3) To the extent permitted by the "Fair Labor Standards Act	79278
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate	79279
in work activities, developmental activities, and alternative work	79280
activities in accordance with sections 5107.40 to 5107.69 of the	79281
Revised Code.	79282

Sec. 5107.20. As used in this section, "support" means child	79283
support, spousal support, and support for a spouse or a former	79284
spouse.	79285

Participation in Ohio works first constitutes an assignment	79286
to the department of job and family services of any rights members	79287
of an assistance group have to support from any other person,	79288
~~excluding medical support assigned pursuant to section 5101.59 of~~	79289
~~the Revised Code~~. The rights to support assigned to the department	79290
pursuant to this section constitute an obligation of the person	79291
who is responsible for providing the support to the state for the	79292
amount of cash assistance provided to the assistance group.	79293

The office of child support in the department of job and	79294
family services shall collect and distribute support payments owed	79295
to Ohio works first participants, whether assigned to the	79296
department or unassigned, in accordance with 42 U.S.C. 654 B and	79297
657 and regulations adopted under those statutes, state statutes,	79298
and rules adopted under section 5107.05 of the Revised Code.	79299

Upon implementation of centralized collection and	79300
disbursement under Chapter 3121. of the Revised Code, in	79301
accordance with 42 U.S.C. 654 B and 657 and regulations adopted	79302
under those statutes, the department shall deposit support	79303
payments it receives pursuant to this section into the state	79304
treasury to the credit of the child support collections fund or	79305
the child support administrative fund, both of which are hereby	79306
created. Money credited to the funds shall be used to make cash	79307
assistance payments under Ohio works first.	79308

Sec. 5107.24. (A) As used in this section:

79309

(1) "Adult-supervised living arrangement" means a family	79310
setting approved, licensed, or certified by the department of job	79311
and family services, the department of ~~mental health~~mental health	79312
and addiction services, the department of developmental	79313
disabilities, the department of youth services, a public children	79314
services agency, a private child placing agency, or a private	79315
noncustodial agency that is maintained by a person age eighteen or	79316
older who assumes responsibility for the care and control of a	79317
minor parent, pregnant minor, or child of a minor parent or	79318
provides the minor parent, pregnant minor, or child of a minor	79319
parent supportive services, including counseling, guidance, and	79320
supervision. "Adult-supervised living arrangement" does not mean a	79321
public institution.	79322

(2) "Child of a minor parent" means a child born to a minor	79323
parent, except that the child ceases to be considered a child of	79324
minor parent when the minor parent attains age eighteen.	79325

(3) "Minor parent" means a parent who is under age eighteen	79326
and is not married.	79327

(4) "Pregnant minor" means a pregnant person who is under age	79328
eighteen and not married.	79329

(B)(1) Except as provided in division (B)(2) of this section	79330
and to the extent permitted by Title IV-A and federal regulations	79331
adopted under Title IV-A, a pregnant minor, minor parent, or child	79332
of a minor parent must reside in a place of residence maintained	79333
by a parent, guardian, custodian, or specified relative of the	79334
pregnant minor or minor parent as the parent's, guardian's,	79335
custodian's, or specified relative's own home to be eligible to	79336
participate in Ohio works first.	79337

(2) To the extent permitted by Title IV-A and federal	79338
regulations adopted under it, a pregnant minor, minor parent, or	79339
child of a minor parent is exempt from the requirement of division	79340
(B)(1) of this section if any of the following apply:	79341

(a) The minor parent or pregnant minor does not have a	79342
parent, guardian, custodian, or specified relative living or whose	79343
whereabouts are known.	79344

(b) No parent, guardian, custodian, or specified relative of	79345
the minor parent or pregnant minor will allow the pregnant minor,	79346
minor parent, or minor parent's child to live in the parent's,	79347
guardian's, custodian's, or specified relative's home.	79348

(c) The department of job and family services, a county	79349
department of job and family services, or a public children	79350
services agency determines that the physical or emotional health	79351
or safety of the pregnant minor, minor parent, or minor parent's	79352
child would be in jeopardy if the pregnant minor, minor parent, or	79353
minor parent's child lived in the same home as the parent,	79354
guardian, custodian, or specified relative.	79355

(d) The department of job and family services, a county	79356
department of job and family services, or a public children	79357
services agency otherwise determines that it is in the best	79358
interest of the pregnant minor, minor parent, or minor parent's	79359
child to waive the requirement of division (B)(1) of this section.	79360

(C) A pregnant minor, minor parent, or child of a minor	79361
parent exempt from the requirement of division (B)(1) of this	79362
section must reside in an adult-supervised living arrangement to	79363
be eligible to participate in Ohio works first.	79364

(D) The department of job and family services, whenever	79365
possible and to the extent permitted by Title IV-A and federal	79366
regulations adopted under it, shall provide cash assistance under	79367
Ohio works first to the parent, guardian, custodian, or specified	79368
relative of a pregnant minor or minor parent on behalf of the	79369
pregnant minor, minor parent, or minor parent's child.	79370

Sec. 5107.26. (A) As used in this section:

79371

~~(1) "Transitional~~, "transitional child care" means publicly	79372
funded child care provided under division (A)(3) of section	79373
5104.34 of the Revised Code.	79374

~~(2) "Transitional medicaid" means the medical assistance~~	79375
~~provided under section 5111.0115 of the Revised Code.~~	79376

(B) Except as provided in division (C) of this section~~, each~~:

79377

(1) Each member of an assistance group participating in Ohio	79378
works first is ineligible to participate in the program for six	79379
payment months if a county department of job and family services	79380
determines that a member of the assistance group terminated the	79381
member's employment ~~and each~~.	79382

(2) Each person who, on the day prior to the day a recipient	79383
begins to receive transitional child care ~~or transitional~~	79384
~~medicaid~~, was a member of the recipient's assistance group is	79385
ineligible to participate in Ohio works first for six payment	79386
months if a county department determines that the recipient	79387
terminated the recipient's employment.	79388

(C) No assistance group member shall lose or be denied	79389
eligibility to participate in Ohio works first pursuant to	79390
division (B) of this section if the termination of employment was	79391
because an assistance group member or recipient of transitional	79392
child care ~~or transitional medicaid~~ secured comparable or better	79393
employment or the county department of job and family services	79394
certifies that the member or recipient terminated the employment	79395
with just cause.	79396

Just cause includes the following:

79397

(1) Discrimination by an employer based on age, race, sex,	79398
color, handicap, religious beliefs, or national origin;	79399

(2) Work demands or conditions that render continued	79400
employment unreasonable, such as working without being paid on	79401
schedule;	79402

(3) Employment that has become unsuitable due to any of the	79403
following:	79404

(a) The wage is less than the federal minimum wage;

79405

(b) The work is at a site subject to a strike or lockout,	79406
unless the strike has been enjoined under section 208 of the	79407
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	79408
178, as amended, an injunction has been issued under section 10 of	79409
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	79410
amended, or an injunction has been issued under section 4117.16 of	79411
the Revised Code;	79412

(c) The documented degree of risk to the member or	79413
recipient's health and safety is unreasonable;	79414

(d) The member or recipient is physically or mentally unfit	79415
to perform the employment, as documented by medical evidence or by	79416
reliable information from other sources.	79417

(4) Documented illness of the member or recipient or of	79418
another assistance group member of the member or recipient	79419
requiring the presence of the member or recipient;	79420

(5) A documented household emergency;

79421

(6) Lack of adequate child care for children of the member or	79422
recipient who are under six years of age.	79423

Sec. 5107.42. (A) Except as provided in divisions (B) and	79424
(C) of this section, county departments of job and family services	79425
shall assign each minor head of household and adult participating	79426
in Ohio works first, other than a minor head of household	79427
participating in the LEAP program, to one or more work activities	79428
and developmental activities.	79429

If a county department assigns a minor head of household or	79430
adult to the work activity established under division (H) of	79431
section 5107.60 of the Revised Code, the county department shall	79432
make reasonable efforts to assign the minor head of household or	79433
adult to at least one other work activity at the same time. If a	79434
county department assigns a minor head of household or adult to	79435
the work activity established under section 5107.58 of the Revised	79436
Code, the county department shall assign the minor head of	79437
household or adult to at least one other work activity at the same	79438
time.	79439

A county department may not assign a minor head of household	79440
or adult to a work activity established under division (D) of	79441
section 5107.60 of the Revised Code for more than twelve months.	79442

(B) If a county department determines that a minor head of	79443
household or adult has a temporary or permanent barrier to	79444
participation in a work activity, it may assign the minor head of	79445
household or adult to one or more alternative work activities	79446
instead of assigning the minor head of household or adult to one	79447
or more work activities or developmental activities. A county	79448
department may not assign more than twenty per cent of minor heads	79449
of household and adults participating in Ohio works first to an	79450
alternative work activity.	79451

County departments shall establish standards for determining	79452
whether a minor head of household or adult has a temporary or	79453
permanent barrier to participating in a work activity. The	79454
following are examples of circumstances that a county department	79455
may consider when it develops its standards:	79456

(1) A minor head of household or adult provides the county	79457
department documented evidence that one or more members of the	79458
assistance group have been the victim of domestic violence and are	79459
in imminent danger of suffering continued domestic violence;	79460

(2) A minor head of household or adult is actively	79461
participating in ~~an alcohol or drug~~a community addiction ~~program~~	79462
services provider certified by the department of ~~alcohol and drug~~	79463
~~addiction services~~mental health and addiction services under	79464
section ~~3793.06~~5119.36 of the Revised Code;	79465

(3) An assistance group is homeless.

79466

(C) A county department may exempt a minor head of household	79467
or adult who is unmarried and caring for a minor child under	79468
twelve months of age from the work requirements of sections	79469
5107.40 to 5107.69 of the Revised Code for not more than twelve	79470
months. While exempt, the minor head of household or adult shall	79471
be disregarded in determining whether the county department is	79472
meeting the requirement of section 5107.44 of the Revised Code.	79473
The county department shall assign the exempt minor head of	79474
household or adult to at least one developmental activity for a	79475
number of hours a week the county department determines. The	79476
county department may assign the exempt minor head of household or	79477
adult to one or more work activities, in addition to developmental	79478
activities, for a number of hours the county department	79479
determines. Division (B) of section 5107.43 of the Revised Code	79480
does not apply to the exempt minor head of household or adult.	79481

(D) A county department may reassign a minor head of	79482
household or adult when the county department determines	79483
reassignment will aid the assistance group in achieving self	79484
sufficiency and personal responsibility and shall make	79485
reassignments when circumstances requiring reassignment occur,	79486
including when a temporary barrier to participating in a work	79487
activity is eliminated.	79488

A county department shall include assignments in the	79489
self-sufficiency contract entered into under section 5107.14 of	79490
the Revised Code and shall amend the contract when a reassignment	79491
is made to include the reassignment in the contract.	79492

Sec. 5107.64. County departments of job and family services	79493
shall establish and administer alternative work activities for	79494
minor heads of households and adults participating in Ohio works	79495
first. In establishing alternative work activities, county	79496
departments are not limited by the restrictions Title IV-A imposes	79497
on work activities. The following are examples of alternative work	79498
activities that a county department may establish:	79499

(A) Parenting classes and life-skills training;

79500

(B) Participation in ~~an alcohol or drug~~a community addiction	79501
~~program~~services provider certified by the department of ~~alcohol~~	79502
~~and drug addiction services~~mental health and addiction services	79503
under section ~~3793.06~~5119.36 of the Revised Code;	79504

(C) In the case of a homeless assistance group, finding a	79505
home;	79506

(D) In the case of a minor head of household or adult with a	79507
disability, active work in an individual written rehabilitation	79508
plan with the rehabilitation services commission;	79509

(E) In the case of a minor head of household or adult who has	79510
been the victim of domestic violence, residing in a domestic	79511
violence shelter, receiving counseling or treatment related to the	79512
domestic violence, or participating in criminal justice activities	79513
against the domestic violence offender;	79514

(F) An education program under which a participant who does	79515
not speak English attends English as a second language course.	79516

Sec. 5115.20. (A) The department of job and family services	79517
shall establish a disability advocacy program and each county	79518
department of job and family services shall establish a disability	79519
advocacy program unit or join with other county departments of job	79520
and family services to establish a joint county disability	79521
advocacy program unit. Through the program the department and	79522
county departments shall cooperate in efforts to assist applicants	79523
for and recipients of assistance under the disability financial	79524
assistance program, who might be eligible for supplemental	79525
security income benefits under Title XVI of the "Social Security	79526
Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as amended, in	79527
applying for those benefits.	79528

As part of their disability advocacy programs, the state	79529
department and county departments may enter into contracts for the	79530
services of persons and government entities that in the judgment	79531
of the department or county department have demonstrated expertise	79532
in representing persons seeking supplemental security income	79533
benefits. Each contract shall require the person or entity with	79534
which a department contracts to assess each person referred to it	79535
by the department to determine whether the person appears to be	79536
eligible for supplemental security income benefits, and, if the	79537
person appears to be eligible, assist the person in applying and	79538
represent the person in any proceeding of the social security	79539
administration, including any appeal or reconsideration of a	79540
denial of benefits. The department or county department shall	79541
provide to the person or entity with which it contracts all	79542
records in its possession relevant to the application for	79543
supplemental security income benefits. The department shall	79544
require a county department with relevant records to submit them	79545
to the person or entity.	79546

(B) Each applicant for or recipient of disability financial	79547
assistance who, in the judgment of the department of job and	79548
family services or a county department of job and family services	79549
might be eligible for supplemental security benefits, shall, as a	79550
condition of eligibility for assistance, apply for such benefits	79551
if directed to do so by the department or county department.	79552

(C) With regard to applicants for and recipients of	79553
disability financial assistance, each county department of job and	79554
family services shall do all of the following:	79555

(1) Identify applicants and recipients who might be eligible	79556
for supplemental security income benefits;	79557

(2) Assist applicants and recipients in securing	79558
documentation of disabling conditions or refer them for such	79559
assistance to a person or government entity with which the	79560
department of job and family services or county department has	79561
contracted under division (A) of this section;	79562

(3) Inform applicants and recipients of available sources of	79563
representation, which may include a person or government entity	79564
with which the department or county department has contracted	79565
under division (A) of this section, and of their right to	79566
represent themselves in reconsiderations and appeals of social	79567
security administration decisions that deny them supplemental	79568
security income benefits. The county department may require the	79569
applicants and recipients, as a condition of eligibility for	79570
assistance, to pursue reconsiderations and appeals of social	79571
security administration decisions that deny them supplemental	79572
security income benefits, and shall assist applicants and	79573
recipients as necessary to obtain such benefits or refer them to a	79574
person or government entity with which the department or county	79575
department has contracted under division (A) of this section.	79576

(4) Require applicants and recipients who, in the judgment of	79577
the county department, are or may be aged, blind, or disabled, to	79578
apply for ~~medical assistance under Chapter 5111. of the Revised~~	79579
~~Code~~the medicaid program, make determinations when appropriate as	79580
to eligibility for ~~medical assistance~~medicaid, and refer their	79581
applications when necessary to the disability determination unit	79582
established in accordance with division (F) of this section for	79583
expedited review;	79584

(5) Require each applicant and recipient who in the judgment	79585
of the department or the county department might be eligible for	79586
supplemental security income benefits, as a condition of	79587
eligibility for disability financial assistance, to execute a	79588
written authorization for the secretary of health and human	79589
services to withhold benefits due that individual and pay to the	79590
director of job and family services or the director's designee an	79591
amount sufficient to reimburse the state and county shares of	79592
interim assistance furnished to the individual. For the purposes	79593
of division (C)(5) of this section, "benefits" and "interim	79594
assistance" have the meanings given in Title XVI of the "Social	79595
Security Act."	79596

(D) The director of job and family services shall adopt rules	79597
in accordance with section 111.15 of the Revised Code for the	79598
effective administration of the disability advocacy program. The	79599
rules shall include all of the following:	79600

(1) Methods to be used in collecting information from and	79601
disseminating it to county departments, including the following:	79602

(a) The number of individuals in the county who are disabled	79603
recipients of disability financial assistance;	79604

(b) The final decision made either by the social security	79605
administration or by a court for each application or	79606
reconsideration in which an individual was assisted pursuant to	79607
this section.	79608

(2) The type and process of training to be provided by the	79609
department of job and family services to the employees of the	79610
county department of job and family services who perform duties	79611
under this section;	79612

(3) Requirements for the written authorization required by	79613
division (C)(5) of this section.	79614

(E) The department of job and family services shall provide	79615
basic and continuing training to employees of the county	79616
department of job and family services who perform duties under	79617
this section. Training shall include but not be limited to all	79618
processes necessary to obtain federal disability benefits, and	79619
methods of advocacy.	79620

(F) The department of medicaid shall establish a disability	79621
determination unit and develop guidelines for expediting reviews	79622
of applications for ~~medical assistance under Chapter 5111. of the~~	79623
~~Revised Code~~the medicaid program for persons who have been	79624
referred to the unit under division (C)(4) of this section. The	79625
department of medicaid shall make determinations of eligibility	79626
for ~~medical assistance~~medicaid for any such person within the	79627
time prescribed by federal regulations.	79628

(G) The department of job and family services may, under	79629
rules the director of job and family services adopts in accordance	79630
with section 111.15 of the Revised Code, pay a portion of the	79631
federal reimbursement described in division (C)(5) of this section	79632
to persons or government entities that assist or represent	79633
assistance recipients in reconsiderations and appeals of social	79634
security administration decisions denying them supplemental	79635
security income benefits.	79636

(H) The director of job and family services shall conduct	79637
investigations to determine whether disability advocacy programs	79638
are being administered in compliance with the Revised Code and the	79639
rules adopted by the director pursuant to this section.	79640

Sec. 5117.10. (A) On or before the fifteenth day of January,	79641
the director of development shall pay each applicant determined	79642
eligible for a payment under divisions (A) and (B) of section	79643
5117.07 of the Revised Code one hundred twenty-five dollars.	79644

(B) The director may withhold from any payment to which a	79645
person would otherwise be entitled under division (A) of this	79646
section any amount that the director determines was erroneously	79647
received by such person in a preceding year under this or the	79648
program established under Am. Sub. H.B. 230, as amended by Am.	79649
H.B. 937, Am. Sub. H.B. 1073, Am. Sub. S.B. 493, and Am. Sub. S.B.	79650
523 of the 112th general assembly, provided the director has	79651
employed all other legal methods reasonably available to obtain	79652
reimbursement for the erroneous payment or credit prior to the	79653
commencement of the current program year.	79654

(C) Payments made under this section and credits granted	79655
under section 5117.09 of the Revised Code shall not be considered	79656
income for the purpose of determining eligibility or the level of	79657
benefits or assistance under section 329.042 or Chapters 5107.,	79658
~~5111.,~~ and 5115. of the Revised Code; the medicaid program;	79659
supplemental security income payments under Title XVI of the	79660
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	79661
amended; or any other program under which eligibility or the level	79662
of benefits or assistance is based upon need measured by income.	79663

~~Sec. 3793.01.~~ Sec. 5119.01. (A) As used in this chapter:

79664

(1) "Addiction" means the chronic and habitual use of	79665
alcoholic beverages, the use of a drug of abuse as defined in	79666
section 3719.011 of the Revised Code, or the use of gambling by an	79667
individual to the extent that the individual no longer can control	79668
the individual's use of alcohol, the individual becomes physically	79669
or psychologically dependent on the drug, the individual's use of	79670
alcohol or drugs endangers the health, safety, or welfare of the	79671
individual or others, or the individual's gambling causes	79672
psychological, financial, emotional, marital, legal, or other	79673
difficulties endangering the health, safety, or welfare of the	79674
individual or others.	79675

(2) "Addiction services" means services, including	79676
intervention, for the treatment of persons with alcohol, drug, or	79677
gambling addictions, and for the prevention of such addictions.	79678

(3) "Alcohol and drug addiction services" means services,	79679
including intervention, for the treatment of alcoholics or persons	79680
who abuse drugs of abuse and for the prevention of alcoholism and	79681
drug addiction.	79682

(4) "Alcoholic" means a person suffering from alcoholism.

79683

(5) "Alcoholism" means the chronic and habitual use of	79684
alcoholic beverages by an individual to the extent that the	79685
individual no longer can control the individual's use of alcohol	79686
or endangers the health, safety, or welfare of the individual or	79687
others.	79688

~~(2) "Alcoholic" means a person suffering from alcoholism.~~

79689

~~(3)~~(6) "Community addiction services provider" means an	79690
agency, association, corporation, individual, or program that	79691
provides community alcohol, drug addiction, or gambling addiction	79692
services that are certified by the department of mental health and	79693
addiction services under section 5119.36 of the Revised Code.	79694

(7) "Community mental health services provider" means an	79695
agency, association, corporation, individual, or program that	79696
provides community mental health services that are certified by	79697
the department of mental health and addiction services under	79698
section 5119.36 of the Revised Code.	79699

(8) "Drug addiction" means the use of a drug of abuse, as	79700
defined in section 3719.011 of the Revised Code, by an individual	79701
to the extent that the individual becomes physically or	79702
psychologically dependent on the drug or endangers the health,	79703
safety, or welfare of the individual or others.	79704

~~(4) "Alcohol and drug addiction services" means services,~~	79705
~~including intervention, for the treatment of alcoholics or persons~~	79706
~~who abuse drugs of abuse and for the prevention of alcoholism and~~	79707
~~drug addiction.~~	79708

~~(5) "Alcohol and drug addiction program" means a program that~~	79709
~~provides alcohol or drug addiction services and includes a~~	79710
~~facility or entity that operates such a program.~~	79711

~~(6)~~(9) "Gambling addiction" means the use of gambling by an	79712
individual to the extent that it causes psychological, financial,	79713
emotional, marital, legal, or other difficulties endangering the	79714
health, safety, or welfare of the individual or others.	79715

~~(7)~~(10) "Gambling addiction services" means services for the	79716
treatment of persons who have a gambling addiction and for the	79717
prevention of gambling addiction.	79718

(11) "Hospital" means a hospital or inpatient unit licensed	79719
by the department of mental health and addiction services under	79720
section 5119.33 of the Revised Code, and any institution,	79721
hospital, or other place established, controlled, or supervised by	79722
the department under Chapter 5119. of the Revised Code.	79723

(12) "Mental illness" means a substantial disorder of	79724
thought, mood, perception, orientation, or memory that grossly	79725
impairs judgment, behavior, capacity to recognize reality, or	79726
ability to meet the ordinary demands of life.	79727

(13) "Mental health services" means services for the	79728
assessment, care, or treatment of persons who have a mental	79729
illness as defined in this section.	79730

(14)(a) "Residence" means a person's physical presence in a	79731
county with intent to remain there, except in either of the	79732
following circumstances:	79733

(i) If a person is receiving a mental health service at a	79734
facility that includes nighttime sleeping accommodations,	79735
"residence" means that county in which the person maintained the	79736
person's primary place of residence at the time the person entered	79737
the facility;	79738

(ii) If a person is committed pursuant to section 2945.38,	79739
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	79740
"residence" means the county where the criminal charges were	79741
filed.	79742

(b) When the residence of a person is disputed, the matter of	79743
residence shall be referred to the department of mental health and	79744
addiction services for investigation and determination. Residence	79745
shall not be a basis for a board of alcohol, drug addiction, and	79746
mental health services to deny services to any person present in	79747
the board's service district, and the board shall provide services	79748
for a person whose residence is in dispute while residence is	79749
being determined and for a person in an emergency situation.	79750

(B) Any reference in this chapter to a board of alcohol, drug	79751
addiction, and mental health services also refers to an alcohol	79752
and drug addiction services board or a community mental health	79753
board in a service district in which an alcohol and drug addiction	79754
services board or a community mental health board has been	79755
established under section 340.021 or former section 340.02 of the	79756
Revised Code.	79757

Sec. 5119.04. The department of ~~mental health~~mental health	79758
and addiction services and any institutions under its supervision	79759
or jurisdiction shall, where applicable, be in substantial	79760
compliance with standards set forth for psychiatric facilities by	79761
the joint commission ~~on accreditation of healthcare organizations~~	79762
or medical assistance standards under Title XIX of the "Social	79763
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or	79764
other applicable standards~~, except that the department and any~~	79765
~~institution under its supervision or jurisdiction shall be in~~	79766
~~substantial compliance with standards for physical facilities and~~	79767
~~equipment by July 1, 1989. The requirements of this section do not~~	79768
~~apply to any facility designated by the director of mental health~~	79769
~~for use as a psychiatric rehabilitation center~~.	79770

The requirements of this section are in addition to any other	79771
requirements established by the Revised Code and nothing in this	79772
section shall be construed to limit any rights, privileges,	79773
protections, or immunities which may exist under the constitution	79774
and laws of the United States or this state.	79775

~~Sec. 5119.27.~~ Sec. 5119.05. Subject to the rules of the director	79776
of ~~mental health~~mental health and addiction services, each	79777
institution under the jurisdiction of the department shall be	79778
under the management and control of a managing officer to be known	79779
as a ~~superintendent~~chief executive officer or by another	79780
appropriate title. Such managing officer shall be appointed by the	79781
director of ~~mental health~~mental health and addiction services,	79782
and shall be in the unclassified service and serve at the pleasure	79783
of the director. Each managing officer shall be of good moral	79784
character and have skill, ability, and experience in ~~his~~the	79785
managing officer's profession. ~~Appointment to this position may be~~	79786
~~made from persons holding positions in the classified service in~~	79787
~~the department.~~	79788

The managing officer, under the director, shall ~~have entire~~	79789
~~executive charge~~serve as the appointing authority of the	79790
institution ~~for~~to which such managing officer is appointed.	79791
Subject to civil service rules, the managing officer shall have	79792
the power to appoint ~~the necessary~~and remove employees ~~and he or~~	79793
~~the director may remove such employees for cause~~of the	79794
institution. On behalf of the institution, the managing officer	79795
has the authority and responsibility for entering into contracts	79796
and other agreements for the efficient operations of the	79797
institution.	79798

~~Sec. 5119.44.~~ Sec. 5119.051. The department of ~~mental health~~	79799
mental health and addiction services shall keep in its office a	79800
proper and complete set of books and accounts with each	79801
institution, which shall clearly show the nature and amount of	79802
every expenditure authorized and made at such institution, and	79803
which shall contain an account of all appropriations made by the	79804
general assembly and of all other funds, together with the	79805
disposition of such funds.	79806

The department shall prescribe the form of vouchers, records,	79807
and methods of keeping accounts at each of the institutions, which	79808
shall be as nearly uniform as possible. The department may examine	79809
the records of each institution at any time.	79810

The department may authorize any of its ~~bookeepers~~	79811
bookkeepers, accountants, or employees to examine and check the	79812
records, accounts, and vouchers or take an inventory of the	79813
property of any institution, or do whatever is necessary, and pay	79814
the actual and reasonable expenses incurred in such service when	79815
an itemized account is filed and approved.	79816

~~Sec. 5119.43.~~ Sec. 5119.06. The department of ~~mental health~~mental	79817
health and addiction services shall keep in its office, accessible	79818
only to its employees, except by the consent of the department or	79819
the order of the judge of a court of record, a record showing the	79820
name, residence, sex, age, nativity, occupation, condition, and	79821
date of entrance or commitment of every patient in the	79822
institutions governed by it, the date, cause, and terms of	79823
discharge and the condition of such person at the time of leaving,	79824
and also a record of all transfers from one institution to	79825
another, and, if such person dies while in the care or custody of	79826
the department, the date and cause of death. These and such other	79827
facts as the department requires shall be furnished by the	79828
managing officer of each institution within twenty-four hours	79829
after the commitment, entrance, death, or discharge of a patient.	79830

In case of an accident or injury or peculiar death of a	79831
patient the managing officer shall make a special report to the	79832
department within twenty-four hours thereafter, giving the	79833
circumstances as fully as possible.	79834

~~Sec. 5119.42.~~ Sec. 5119.07. A person, firm, or corporation may	79835
file a petition in the court of common pleas of the county in	79836
which a benevolent institution of the department of mental health	79837
and addiction services is located, in which petition the desire to	79838
erect or carry on at a less distance than that prescribed in	79839
section 3767.19 of the Revised Code shall be set forth, the	79840
business prohibited, the precise point of its establishment, and	79841
the reasons and circumstances, in its opinion, why the erection or	79842
carrying on ~~thereof~~of the business would not annoy or endanger	79843
the health, convenience, or recovery of the patients of such	79844
institution. The petitioner shall give notice in a newspaper of	79845
general circulation in the county of the pendency and prayer of	79846
the petition for at least six consecutive weeks before the day set	79847
for hearing the petition and serve a written notice upon the	79848
~~superintendent~~managing officer of the institution at least thirty	79849
days before the day set for hearing the petition.	79850

If, upon the hearing of the petition, it appears that the	79851
notice has been given as required and the court is of the opinion	79852
that no good reason exists why such establishment may not be	79853
erected or such business carried on and that by the erection or	79854
carrying on ~~thereof~~of the business at the point named, the	79855
institution will sustain no detriment, the court may issue an	79856
order granting the prayer of the petitioner. Thereafter the	79857
petitioner may locate such establishment or carry on such business	79858
at the point named in the petition.	79859

~~Sec. 5119.14.~~ Sec. 5119.08. (A) As used in this section, "felony"	79860
has the same meaning as in section 109.511 of the Revised Code.	79861

(B)(1) Subject to division (C) of this section, upon the	79862
recommendation of the director of ~~mental health~~mental health and	79863
addiction services, the managing officer of an institution under	79864
the jurisdiction of the department of ~~mental health~~mental health	79865
and addiction services may designate one or more employees to be	79866
special police officers of the department. The special police	79867
officers shall take an oath of office, wear the badge of office,	79868
and give bond for the proper and faithful discharge of their	79869
duties in an amount that the director requires.	79870

(2) In accordance with section 109.77 of the Revised Code,	79871
the special police officers shall be required to complete	79872
successfully a peace officer basic training program approved by	79873
the Ohio peace officer training commission and to be certified by	79874
the commission. The cost of the training shall be paid by the	79875
department of ~~mental health~~mental health and addiction services.	79876

(3) Special police officers, on the premises of institutions	79877
under the jurisdiction of the department of ~~mental health~~mental	79878
health and addiction services and subject to the rules of the	79879
department, shall protect the property of the institutions and the	79880
persons and property of patients in the institutions, suppress	79881
riots, disturbances, and breaches of the peace, and enforce the	79882
laws of the state and the rules of the department for the	79883
preservation of good order. They may arrest any person without a	79884
warrant and detain the person until a warrant can be obtained	79885
under the circumstances described in division (F) of section	79886
2935.03 of the Revised Code.	79887

(C)(1) The managing officer of an institution under the	79888
jurisdiction of the department of ~~mental health~~mental health and	79889
addiction services shall not designate an employee as a special	79890
police officer of the department pursuant to division (B)(1) of	79891
this section on a permanent basis, on a temporary basis, for a	79892
probationary term, or on other than a permanent basis if the	79893
employee previously has been convicted of or has pleaded guilty to	79894
a felony.	79895

(2)(a) The managing officer of an institution under the	79896
jurisdiction of the department of ~~mental health~~mental health and	79897
addiction services shall terminate the employment as a special	79898
police officer of the department of an employee designated as a	79899
special police officer under division (B)(1) of this section if	79900
that employee does either of the following:	79901

(i) Pleads guilty to a felony;

79902

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	79903
plea agreement as provided in division (D) of section 2929.43 of	79904
the Revised Code in which the employee agrees to surrender the	79905
certificate awarded to that employee under section 109.77 of the	79906
Revised Code.	79907

(b) The managing officer shall suspend from employment as a	79908
special police officer of the department an employee designated as	79909
a special police officer under division (B)(1) of this section if	79910
that employee is convicted, after trial, of a felony. If the	79911
special police officer files an appeal from that conviction and	79912
the conviction is upheld by the highest court to which the appeal	79913
is taken or if the special police officer does not file a timely	79914
appeal, the managing officer shall terminate the employment of	79915
that special police officer. If the special police officer files	79916
an appeal that results in that special police officer's acquittal	79917
of the felony or conviction of a misdemeanor, or in the dismissal	79918
of the felony charge against that special police officer, the	79919
managing officer shall reinstate that special police officer. A	79920
special police officer of the department who is reinstated under	79921
division (C)(2)(b) of this section shall not receive any back pay	79922
unless that special police officer's conviction of the felony was	79923
reversed on appeal, or the felony charge was dismissed, because	79924
the court found insufficient evidence to convict the special	79925
police officer of the felony.	79926

(3) Division (C) of this section does not apply regarding an	79927
offense that was committed prior to January 1, 1997.	79928

(4) The suspension from employment, or the termination of the	79929
employment, of a special police officer under division (C)(2) of	79930
this section shall be in accordance with ~~Chapter 119. of the~~	79931
~~Revised Code~~applicable collective bargaining agreements.	79932

~~Sec. 5119.30.~~ Sec. 5119.09. The attorney general shall attend to	79933
all ~~suits~~claims instituted on behalf of or against the department	79934
of mental health and addiction services or any institution under	79935
the jurisdiction of the department ~~of mental health~~ and the	79936
managing officer thereof, except such institutions as are	79937
privately owned or operated under a license from the department of	79938
~~mental health~~mental health and addiction services, and shall	79939
represent the public hospital in proceedings under section 5122.15	79940
of the Revised Code. The department of ~~mental health~~mental health	79941
and addiction services shall reimburse the attorney general for	79942
the compensation of assistant attorneys general required to	79943
represent the public hospital in proceedings under section 5122.15	79944
of the Revised code and shall also pay the costs of litigation	79945
incurred by the attorney general under that section.	79946

If a writ of habeas corpus is applied for, the clerk of the	79947
court shall give notice of the time and place of hearing to the	79948
attorney general.	79949

~~Sec. 5119.01.~~ Sec. 5119.10. (A) The director of ~~mental health~~	79950
mental health and addiction services is the chief executive and	79951
~~administrative officer~~appointing authority of the department of	79952
~~mental health~~mental health and addiction services. The director	79953
may organize the department for its efficient operation, including	79954
creating divisions or offices as necessary. The director may	79955
establish procedures for the governance of the department, conduct	79956
of its employees and officers, performance of its business, and	79957
custody, use, and preservation of departmental records, papers,	79958
books, documents, and property. Whenever the Revised Code imposes	79959
a duty upon or requires an action of the department or any of its	79960
institutions, the director or the director's designee shall	79961
perform the action or duty in the name of the department, except	79962
that the medical director appointed pursuant to section ~~5119.07~~	79963
5119.11 of the Revised Code shall be responsible for decisions	79964
relating to medical diagnosis, treatment, rehabilitation, quality	79965
assurance, and the clinical aspects of the following: licensure of	79966
hospitals and residential facilities, research, community	79967
addiction and mental health services plans, and certification and	79968
delivery of mental health and addiction services.	79969

(B) The director shall:

79970

~~(A)~~(1) Adopt rules for the proper execution of the powers and	79971
duties of the department with respect to the institutions under	79972
its control, and require the performance of additional duties by	79973
the officers of the institutions as necessary to fully meet the	79974
requirements, intents, and purposes of this chapter. In case of an	79975
apparent conflict between the powers conferred upon any managing	79976
officer and those conferred by such sections upon the department,	79977
the presumption shall be conclusive in favor of the department.	79978

~~(B)~~(2) Adopt rules for the nonpartisan management of the	79979
institutions under the department's control. An officer or	79980
employee of the department or any officer or employee of any	79981
institution under its control who, by solicitation or otherwise,	79982
exerts influence directly or indirectly to induce any other	79983
officer or employee of the department or any of its institutions	79984
to adopt the exerting officer's or employee's political views or	79985
to favor any particular person, issue, or candidate for office	79986
shall be removed from the exerting officer's or employee's office	79987
or position, by the department in case of an officer or employee,	79988
and by the governor in case of the director.	79989

~~(C)~~(3) Appoint such employees, including the medical	79990
director, as are necessary for the efficient conduct of the	79991
department, and prescribe their titles and duties;	79992

~~(D)~~(4) Prescribe the forms of affidavits, applications,	79993
medical certificates, orders of hospitalization and release, and	79994
all other forms, reports, and records that are required in the	79995
hospitalization or admission and release of all persons to the	79996
institutions under the control of the department, or are otherwise	79997
required under this chapter or Chapter 5122. of the Revised Code;	79998

~~(E) Contract with hospitals licensed by the department under~~	79999
~~section 5119.20 of the Revised Code for the care and treatment of~~	80000
~~mentally ill patients, or with persons, organizations, or agencies~~	80001
~~for the custody, evaluation, supervision, care, or treatment of~~	80002
~~mentally ill persons receiving services elsewhere than within the~~	80003
~~enclosure of a hospital operated under section 5119.02 of the~~	80004
~~Revised Code;~~	80005

~~(F)~~(5) Exercise the powers and perform the duties relating to	80006
community addiction and mental health facilities and services that	80007
are assigned to the director under this chapter and Chapter 340.	80008
of the Revised Code;	80009

~~(G)~~(6) Develop and implement clinical evaluation and	80010
monitoring of services that are operated by the department;	80011

~~(H)~~(7) Adopt rules establishing standards for the performance	80012
of evaluations by a forensic center or other psychiatric program	80013
or facility of the mental condition of defendants ordered by the	80014
court under section 2919.271, or 2945.371 of the Revised Code, and	80015
for the treatment of defendants who have been found incompetent to	80016
stand trial and ordered by the court under section 2945.38,	80017
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	80018
treatment in facilities;	80019

~~(I)~~(8) On behalf of the department, have the authority and	80020
responsibility for entering into contracts and other agreements;	80021
with providers, agencies, institutions, and other entities, both	80022
public and private, as necessary for the department to carry out	80023
its duties under this chapter and Chapters 340., 2919., 2945., and	80024
5122. of the Revised Code. Chapter 125. of the Revised Code does	80025
not apply to contracts the director enters into under this section	80026
for services provided to individuals with mental illness by	80027
providers, agencies, institutions, and other entities not owned or	80028
operated by the department.	80029

~~(J) Prepare and publish regularly a state mental health plan~~	80030
~~that describes the department's philosophy, current activities,~~	80031
~~and long-term and short-term goals and activities;~~	80032

~~(K)~~(9) Adopt rules in accordance with Chapter 119. of the	80033
Revised Code specifying the supplemental services that may be	80034
provided through a trust authorized by section 5815.28 of the	80035
Revised Code;	80036

~~(L)~~(10) Adopt rules in accordance with Chapter 119. of the	80037
Revised Code establishing standards for the maintenance and	80038
distribution to a beneficiary of assets of a trust authorized by	80039
section 5815.28 of the Revised Code.	80040

(C) The director may contract with hospitals licensed by the	80041
department under section 5119.33 of the Revised Code for the care	80042
and treatment of mentally ill patients, or with persons,	80043
organizations, or agencies for the custody, evaluation,	80044
supervision, care, or treatment of mentally ill persons receiving	80045
services elsewhere than within the enclosure of a hospital	80046
operated under section 5119.14 of the Revised Code.	80047

~~Sec. 5119.07.~~ Sec. 5119.11. (A) The director of ~~mental health~~	80048
mental health and addiction services shall appoint a medical	80049
director who ~~is a psychiatrist as defined in division (E) of~~	80050
~~section 5122.01 of the Revised Code,~~ is eligible or certified by	80051
the American board of psychiatry and neurology or the American	80052
osteopathic board of neurology and psychiatry, and has at least	80053
five years of clinical and two years of administrative experience.	80054
The medical director shall also have certification or substantial	80055
training and experience in the field of addiction medicine or	80056
addiction psychiatry. The medical director shall be responsible	80057
for decisions relating to medical diagnosis, treatment,	80058
prevention, rehabilitation, quality assurance, and the clinical	80059
aspects of mental health and addiction services involving all of	80060
the following: ~~licensure~~	80061

(1) Licensure of hospitals ~~and~~, residential facilities,	80062
~~research, community mental health~~and outpatient facilities;	80063

(2) Research;

80064

(3) Community addiction and mental health services plans,;

80065

(4) Certification and delivery of mental health and addiction	80066
services. ~~The~~	80067

(B) The medical director shall also exercise clinical	80068
supervision of the chief clinical officers of hospitals and	80069
institutions under the jurisdiction of the department and shall	80070
review and approve decisions relating to the employment of the	80071
chief clinical officers. The medical director or ~~his~~the medical	80072
director's designee shall advise the director on matters relating	80073
to licensure, research, ~~community mental health plans,~~ and the	80074
certification and delivery of mental health and addiction services	80075
and community plans. The medical director shall participate in the	80076
development of guidelines for community addiction and mental	80077
health services plans. The director of ~~mental health~~mental	80078
health and addiction services may establish other duties of the	80079
medical director. ~~The medical director shall participate in the~~	80080
~~development of guidelines for community mental health plans.~~	80081

~~Sec. 5119.02.~~ Sec. 5119.14. (A) The department of ~~mental health~~	80082
mental health and addiction services shall maintain, operate,	80083
manage, and govern state institutions and other services for the	80084
care and treatment of mentally ill persons.	80085

(B)(1) The department of ~~mental health~~mental health and	80086
addiction services may, with the approval of the governor,	80087
designate ~~all~~the name and purpose of any institutions under its	80088
jurisdiction ~~by appropriate respective names, regardless of~~	80089
~~present statutory designation~~and may change, with the approval of	80090
the governor, the designation and name when necessary.	80091

~~(C)~~(2) The department shall divide the state into districts	80092
for the purpose of designating the institution in which mentally	80093
ill persons are hospitalized and may change the districts.	80094

(3) Subject to section 5139.08 and pursuant to Chapter 5122.	80095
of the Revised Code and on the agreement of the departments of	80096
~~mental health~~mental health and addiction services and youth	80097
services, the department of ~~mental health~~mental health and	80098
addiction services may receive from the department of youth	80099
services for psychiatric observation, diagnosis, or treatment any	80100
person eighteen years of age or older in the custody of the	80101
department of youth services. The departments ~~shall~~may enter into	80102
a written agreement specifying the procedures necessary to	80103
implement this division.	80104

~~(D)~~(C) The department of ~~mental health~~mental health and	80105
addiction services shall designate hospitals, facilities, and	80106
community mental health ~~agencies~~services providers for the	80107
custody, care, and special treatment of, and authorize payment for	80108
such custody, care, and special treatment provided to, persons who	80109
are charged with a crime and who are found incompetent to stand	80110
trial or not guilty by reason of insanity.	80111

~~(E)~~(D) The department of ~~mental health~~mental health and	80112
addiction services may do ~~all~~any of the following:	80113

(1) Require reports from the managing officer of any	80114
institution under the department's jurisdiction, relating to the	80115
admission, examination, comprehensive evaluation, diagnosis,	80116
release, or discharge of any patient;	80117

(2) Visit each institution regularly to review its operations	80118
and to investigate complaints made by any patient or by any person	80119
on behalf of a patient, provided these duties may be performed by	80120
a person designated by the director.	80121

~~(F) The department of mental health shall divide the state~~	80122
~~into districts for the purpose of designating the institution in~~	80123
~~which mentally ill persons are hospitalized, and may change the~~	80124
~~districts.~~	80125

~~(G)~~(E) The department of mental health and addiction services	80126
may provide or contract to provide addiction services for	80127
offenders incarcerated in the state prison system.	80128

(F) In addition to the powers expressly conferred, the	80129
department of ~~mental health~~mental health and addiction services	80130
shall have all powers and authority necessary for the full and	80131
efficient exercise of the executive, administrative, and fiscal	80132
supervision over the state institutions described in this section.	80133

~~(H) The department of mental health may provide for the~~	80134
~~custody, supervision, control, treatment, and training of mentally~~	80135
~~ill persons hospitalized elsewhere than within the enclosure of a~~	80136
~~hospital, if the department so determines with respect to any~~	80137
~~individual or group of individuals. In all such cases, the~~	80138
~~department shall ensure adequate and proper supervision for the~~	80139
~~protection of such persons and of the public.~~	80140

~~Sec. 5119.012.~~ Sec. 5119.141. The department of ~~mental health~~	80141
mental health and addiction services has all the authority	80142
necessary to carry out its powers and duties under this chapter	80143
and Chapters 340., 2919., 2945., and 5122. of the Revised Code,	80144
including the authority to adopt rules pursuant to Chapter 119. of	80145
the Revised Code that may be necessary to carry out the purposes	80146
of this chapter and Chapters 340., 2919., 2945., and 5122. of the	80147
Revised Code.	80148

~~Sec. 5119.24.~~ Sec. 5119.15. The department of ~~mental health~~mental	80149
health and addiction services may make such investigations as are	80150
necessary in the performance of its duties and to that end the	80151
director of ~~mental health~~mental health and addiction services	80152
shall have the same power as a judge of a county court to	80153
administer oaths and to enforce the attendance and testimony of	80154
witnesses and the production of books or papers.	80155

The department shall keep a record of such investigations	80156
stating the time, place, charges or subject, witnesses summoned	80157
and examined, and its conclusions.	80158

In matters involving the conduct of an officer, a	80159
stenographic report of the evidence shall be taken and a copy of	80160
such report, with all documents introduced, kept on file at the	80161
office of the department.	80162

The fees of witnesses for attendance and travel shall be the	80163
same as in the court of common pleas, but no officer or employee	80164
of the institution under investigation is entitled to such fees.	80165

Any judge of the probate court or of the court of common	80166
pleas, upon application of the department, may compel the	80167
attendance of witnesses, the production of books or papers, and	80168
the giving of testimony before the department, by a judgment for	80169
contempt or otherwise, in the same manner as in cases before such	80170
courts.	80171

The department of ~~mental health~~mental health and addiction	80172
services may appoint and commission any competent agency or	80173
person, to serve without compensation, as a special agent,	80174
investigator, or representative to perform a designated duty for	80175
the department. Specific credentials shall be given by the	80176
department to each person so designated. Each credential shall	80177
state the:	80178

(A) Name of the agent, investigator, or representative;

80179

(B) Agency with which such person is connected;

80180

80181

(D) Date of expiration of appointment;

80182

(E) Such information as the department considers proper.

80183

~~Sec. 3793.051.~~ Sec. 5119.161. The department of ~~alcohol and drug~~	80184
~~addiction services~~mental health and addiction services, in	80185
conjunction with the department of job and family services, shall	80186
develop a joint state plan to improve the accessibility and	80187
timeliness of alcohol and drug addiction services for individuals	80188
identified by a public children services agency as in need of	80189
those services. The plan shall address the fact that Ohio works	80190
first participants may be among the persons receiving services	80191
under section 340.15 of the Revised Code and shall require the	80192
department of job and family services to seek federal funds	80193
available under Title IV-A of the "Social Security Act," 49 Stat.	80194
620 (1935), 42 U.S.C.A. 301, as amended, for the provision of the	80195
services to Ohio works first participants who are receiving	80196
services under section 340.15 of the Revised Code.	80197

The plan shall address the need and manner for sharing	80198
information and include a request for the general assembly to	80199
appropriate an amount of funds specified in the report to be used	80200
by the departments to pay for services under section 340.15 of the	80201
Revised Code. The departments shall review and amend the plan as	80202
necessary.	80203

Not later than the first day of July of each even-numbered	80204
year, the departments shall submit a report on the progress made	80205
under the joint state plan to the governor, president of the	80206
senate, and speaker of the house of representatives. The report	80207
shall include information on treatment capacity, needs	80208
assessments, and number of individuals who received services	80209
pursuant to section 340.15 of the Revised Code.	80210

~~Sec. 3793.15.~~ Sec. 5119.17. (A) The department of ~~alcohol and drug~~	80211
~~addiction services~~mental health and addiction services, in	80212
accordance with division (B) of this section, shall give priority	80213
to developing, and promptly shall develop, with available public	80214
and private resources a program that does all of the following:	80215

(1) Provides a manner of identifying the aggregate number of	80216
pregnant women in this state who are addicted to a drug of abuse;	80217

(2) Provides for an effective means of intervention to	80218
eliminate the addiction of pregnant women to drugs of abuse prior	80219
to the birth of their children;	80220

(3) Provides for the continued monitoring of women who were	80221
addicted to a drug of abuse during their pregnancies, after the	80222
birth of their children, and for the availability of treatment and	80223
rehabilitation for those women;	80224

(4) Provides a manner of determining the aggregate number of	80225
children who are born in this state to women who are addicted, at	80226
the time of birth, to a drug of abuse, and of children who are	80227
born in this state with an addiction to or a dependency on a drug	80228
of abuse;	80229

(5) Provides for the continued monitoring of children who are	80230
born in this state to women who are addicted, at the time of	80231
birth, to a drug of abuse, or who are born in this state with an	80232
addiction to or dependency on a drug of abuse, after their birth;	80233

(6) Provides for the treatment and rehabilitation of any	80234
child who is born to a woman who is addicted, at the time of	80235
birth, to a drug of abuse, and of any child who is born with an	80236
addiction to or dependency on a drug of abuse.	80237

(B) In developing the program described in division (A) of	80238
this section, the department may obtain information from the	80239
department of health and the department of job and family	80240
services, and those departments shall cooperate with the	80241
department of ~~alcohol and drug addiction services~~mental health	80242
and addiction services in its development and implementation of	80243
the program.	80244

(C) Immediately upon its development of the program described	80245
in division (A) of this section, the department shall implement	80246
the program.	80247

(D) Any record or information that is obtained or maintained	80248
by the department in connection with the program described in	80249
division (A) of this section and could enable the identification	80250
of any woman or child described in division (A)(1) or (4) of this	80251
section is not a public record subject to inspection or copying	80252
under section 149.43 of the Revised Code.	80253

~~Sec. 5119.071.~~ Sec. 5119.18. An appointing authority may appoint a	80254
person who holds a certified or permanent position in the	80255
classified service within the department of ~~mental health~~mental	80256
health and addiction services to a position in the unclassified	80257
service within the department. A person appointed pursuant to this	80258
section to a position in the unclassified service shall retain the	80259
right to resume the position and status held by the person in the	80260
classified service immediately prior to the person's appointment	80261
to the position in the unclassified service, ~~regardless of the~~	80262
~~number of positions the person held in the unclassified service.~~	80263
~~An employee's right to resume a position in the classified service~~	80264
~~may only be exercised when an appointing authority demotes the~~	80265
~~employee to a pay range lower than the employee's current pay~~	80266
~~range or revokes the employee's appointment to the unclassified~~	80267
~~service. An employee forfeits the right to resume a position in~~	80268
~~the classified service when the employee is removed from the~~	80269
~~position in the unclassified service due to incompetence,~~	80270
~~inefficiency, dishonesty, drunkenness, immoral conduct,~~	80271
~~insubordination, discourteous treatment of the public, neglect of~~	80272
~~duty, violation of this chapter or Chapter 124. of the Revised~~	80273
~~Code, violation of the rules of the director of administrative~~	80274
~~services or the director of mental health, any other failure of~~	80275
~~good behavior, any other acts of misfeasance, malfeasance, or~~	80276
~~nonfeasance in office, or conviction of a felony. An employee also~~	80277
~~forfeits the right to resume a position in the classified service~~	80278
~~upon transfer to a different agency.~~	80279

~~Reinstatement to a position in the classified service shall~~	80280
~~be to a position substantially equal to that position in the~~	80281
~~classified service held previously, as certified by the director~~	80282
~~of administrative services. If the position the person previously~~	80283
~~held in the classified service has been placed in the unclassified~~	80284
~~service or is otherwise unavailable, the person shall be appointed~~	80285
~~to a position in the classified service within the department that~~	80286
~~the director of administrative services certifies is comparable in~~	80287
~~compensation to the position the person previously held in the~~	80288
~~classified service. Service in the position in the unclassified~~	80289
~~service shall be counted as service in the position in the~~	80290
~~classified service held by the person immediately prior to the~~	80291
~~person's appointment to the position in the unclassified service.~~	80292
~~When a person is reinstated to a position in the classified~~	80293
~~service as provided in this section, the person is entitled to all~~	80294
~~rights, status, and benefits accruing to the position in the~~	80295
~~classified service during the person's time of service in the~~	80296
~~position in the unclassified service~~pursuant to division (D) of	80297
section 124.11 of the Revised Code.	80298

~~Sec. 5119.072.~~ Sec. 5119.181. (A) No appointing officer shall	80299
appoint a person to fill a position in either the classified or	80300
unclassified service of the department of ~~mental health~~mental	80301
health and addiction services if the person has been convicted of	80302
or pleaded guilty to a violation of the following:	80303

(1) Any felony contained in the Revised Code, if the felony	80304
bears a direct and substantial relationship to the position being	80305
filled;	80306

(2) Any crime contained in the Revised Code constituting a	80307
misdemeanor of the first degree on the first offense and a felony	80308
on subsequent offenses, if the crime bears a direct and	80309
substantial relationship to the position being filled;	80310

(3) An existing or former law of this state, any other state,	80311
or the United States, if the law violated is substantially	80312
equivalent to any of the offenses described in division (A)(1) or	80313
(2) of this section.	80314

(B) The director of ~~mental health~~mental health and addiction	80315
services shall adopt rules, in accordance with Chapter 119. of the	80316
Revised Code, to implement this section.	80317

(C) The director or an appointing officer shall request the	80318
bureau of criminal identification and investigation created by	80319
section 109.51 of the Revised Code or, at ~~his~~the director's or	80320
appointing officer's discretion, any other state or federal	80321
agency, to supply ~~him~~the director or appointing officer with a	80322
written report regarding the criminal records of any applicant.	80323
For each investigation undertaken at the department's request	80324
under this section, the department shall pay a reasonable fee to	80325
the bureau or other state or federal agency conducting the	80326
investigation. The amount of the fee shall be determined by the	80327
bureau or other state or federal agency conducting the	80328
investigation and shall be sufficient to cover the costs of	80329
conducting the investigation. The report made by the bureau or	80330
other state or federal agency is not a public record for purposes	80331
of section 149.43 of the Revised Code and shall not be made	80332
available to any person, except the applicant, the director, the	80333
appointing officer or ~~his designee~~the appointing officer's	80334
designees, or any hearing officer involved in a case denying	80335
employment.	80336

(D) As used in this section, "applicant" means a person who	80337
is under final consideration for appointment to a position in the	80338
classified or unclassified service of the department of ~~mental~~	80339
~~health~~mental health and addiction services.	80340

~~Sec. 5119.08.~~ Sec. 5119.182. The department of ~~mental health shall~~	80341
mental health and addiction services may require any of its	80342
employees and each officer and employee of every institution under	80343
its control who may be charged with custody or control of any	80344
money or property belonging to the state or who is required to	80345
give bond, to give a surety company bond, properly conditioned, in	80346
a sum to be fixed by the department which when approved by the	80347
department, shall be filed in the office of the secretary of	80348
state. The cost of such bonds, when approved by the department,	80349
shall be paid from funds available for the department. The bonds	80350
required or authorized by this section may, in the discretion of	80351
the director of ~~mental health~~mental health and addiction	80352
services, be individual, schedule, or blanket bonds.	80353

~~Sec. 5119.10.~~ Sec. 5119.184. The department of ~~mental health~~	80354
mental health and addiction services may provide educational	80355
grants or tuition reimbursements to upgrade the education,	80356
training, and professional achievement of its employees, whenever	80357
it determines that provision of such grants or reimbursements is	80358
essential to the achievement of its goals. The department may	80359
enter into agreements with its employees for the purposes of this	80360
section. The agreements may require, as a condition of each grant	80361
or reimbursement, that the employee continue employment with the	80362
department or with another federal, state, or local public agency	80363
designated by the department for a period of time stated in the	80364
agreement. If an employee does not fulfill the employment	80365
requirement stated in the agreement, the department may take	80366
action to recover the amount of all educational grants or tuition	80367
reimbursements paid to the employee under this section, plus	80368
interest at the rate of ten per cent per year calculated from the	80369
date of payment of each grant or reimbursement.	80370

~~Sec. 5119.101.~~ Sec. 5119.185. (A) As used in this section,	80371
"physician" means an individual authorized under Chapter 4731. of	80372
the Revised Code to practice medicine and surgery or osteopathic	80373
medicine and surgery.	80374

(B) The department of ~~mental health~~mental health and	80375
addiction services may establish a physician recruitment program	80376
under which the department agrees to repay all or part of the	80377
principal and interest of a government or other educational loan	80378
incurred by a physician who agrees to provide services to	80379
inpatients and outpatients of institutions under the department's	80380
administration. To be eligible to participate in the program, a	80381
physician must have attended a school that was, at the time of	80382
attendance, a medical school or osteopathic medical school in this	80383
country accredited by the liason committee on medical education or	80384
the American osteopathic association, or a medical school or	80385
osteopathic medical school located outside this country that was	80386
acknowledged by the world health organization and verified by a	80387
member state of that organization as operating within that state's	80388
jurisdiction.	80389

(C) The department shall enter into a contract with each	80390
physician it recruits under this section. Each contract shall	80391
include at least the following terms:	80392

(1) The physician agrees to provide a specified scope of	80393
medical or osteopathic medical services for a specified number of	80394
hours per week and a specified number of years to patients of one	80395
or more specified institutions administered by the department.	80396

(2) The department agrees to repay all or a specified portion	80397
of the principal and interest of a government or other educational	80398
loan taken by the physician for the following expenses if the	80399
physician meets the service obligation agreed to and the expenses	80400
were incurred while the physician was enrolled in, for up to a	80401
maximum of four years, a school that qualifies the physician to	80402
participate in the program:	80403

(a) Tuition;

80404

(b) Other educational expenses for specific purposes,	80405
including fees, books, and laboratory expenses, in amounts	80406
determined to be reasonable in accordance with rules adopted under	80407
division (D) of this section;	80408

(c) Room and board, in an amount determined to be reasonable	80409
in accordance with rules adopted under division (D) of this	80410
section.	80411

(3) The physician agrees to pay the department a specified	80412
amount, which shall be not less than the amount already paid by	80413
the department pursuant to its agreement, as damages if hethe	80414
physician fails to complete the service obligation agreed to or	80415
fails to comply with other specified terms of the contract. The	80416
contract may vary the amount of damages based on the portion of	80417
the physician's service obligation that remains uncompleted as	80418
determined by the department.	80419

(4) Other terms agreed upon by the parties.

80420

(D) If the department elects to implement the physician	80421
recruitment program, it shall adopt rules in accordance with	80422
Chapter 119. of the Revised Code that establish all of the	80423
following:	80424

(1) Criteria for designating institutions for which	80425
physicians will be recruited;	80426

(2) Criteria for selecting physicians for participation in	80427
the program;	80428

(3) Criteria for determining the portion of a physician's	80429
loan that the department will agree to repay;	80430

(4) Criteria for determining reasonable amounts of the	80431
expenses described in divisions (C)(2)(b) and (c) of this section;	80432

(5) Procedures for monitoring compliance by physicians with	80433
the terms of their contracts;	80434

(6) Any other criteria or procedures necessary to implement	80435
the program.	80436

~~Sec. 5119.11.~~ Sec. 5119.186. (A) The director of ~~mental health~~	80437
mental health and addiction services or the managing officer of an	80438
institution of the department may enter into an agreement with	80439
boards of trustees or boards of directors of one or more	80440
institutions of higher education or hospitals licensed pursuant to	80441
section ~~5119.20~~5119.33 of the Revised Code to establish, manage,	80442
and conduct collaborative training efforts for students enrolled	80443
in courses of studies for occupations or professions ~~which may be~~	80444
~~determined by the director upon the approval of the medical~~	80445
~~director to be in occupations or professions needed to provide~~	80446
~~adequate~~that involve the care and treatment for persons receiving	80447
mental health or addiction services.	80448

(B) Such collaborative training efforts may include but are	80449
not limited to programs in psychiatry, psychology, nursing, social	80450
work, counseling professions, and others considered appropriate by	80451
the director of ~~mental health~~mental health and addiction	80452
services. Any such program shall be approved or accredited by its	80453
respective professional organization or state board having	80454
jurisdiction over the profession.	80455

(1) The department shall require that the following be	80456
provided for in agreements between the department and institutions	80457
of higher education or hospitals licensed pursuant to section	80458
~~5119.20~~5119.33 of the Revised Code:	80459

(a) Establishment of inter-disciplinary committees to advise	80460
persons responsible for training programs. Each committee shall	80461
have representation drawn from the geographical community the	80462
institution of higher education or hospital serves and shall	80463
include representatives of agencies, boards, targeted populations	80464
as determined by the department, racial and ethnic minority	80465
groups, and publicly funded programs;	80466

(b) Funding procedures;

80467

(c) Specific outcomes and accomplishments that are expected	80468
or required of a program under such agreement;	80469

(d) The types of services to be provided under such	80470
agreement.	80471

(2) The department may require that the following be provided	80472
for in agreements between the department and institutions of	80473
higher education or hospitals licensed pursuant to section ~~5119.20~~	80474
5119.33 of the Revised Code:	80475

(a) Special arrangements for individual residents or trainees	80476
to encourage their employment in publicly funded settings upon	80477
completion of their training;	80478

(b) Procedures for the selection of residents or trainees to	80479
promote the admission, retention, and graduation of women,	80480
minorities, and ~~handicapped~~disabled persons;	80481

(c) Cross-cultural training and other subjects considered	80482
necessary to enhance training efforts and the care and treatment	80483
of patients and clients;	80484

(d) Funding of faculty positions oriented toward meeting the	80485
needs of publicly funded programs.	80486

Subject to appropriations by the general assembly, the	80487
director of ~~mental health~~mental health and addiction services has	80488
final approval of the funding of these collaborative training	80489
efforts.	80490

~~Sec. 5119.12.~~ Sec. 5119.187. The courses of study for the	80491
instruction and training of all persons in institutions under the	80492
control of the department of ~~mental health~~mental health and	80493
addiction services shall be subject to the approval of the	80494
superintendent of public instruction.	80495

All teachers employed in institutions under the control of	80496
the department of ~~mental health~~mental health and addiction	80497
services shall possess such educator licenses or have such	80498
qualifications and approval as the superintendent of public	80499
instruction, after consulting with the officers in charge of the	80500
institutions, prescribes for the various types of service in the	80501
institutions.	80502

~~Sec. 3793.16.~~ Sec. 5119.188. (A) As used in this section, "state	80503
correctional institution" has the same meaning as in section	80504
2967.01 of the Revised Code.	80505

(B) The department of ~~alcohol and drug addiction services~~	80506
mental health and addiction services shall develop a program that	80507
is designed to educate and train the employees of each state	80508
correctional institution, the employees of each department of	80509
youth services institution, and other persons associated by	80510
contract or otherwise with each state correctional institution or	80511
each department of youth services institution, who will be	80512
responsible for the conduct of, or otherwise providing treatment	80513
or rehabilitation services pursuant to, a substance abuse	80514
treatment or rehabilitation program offered in the institution to	80515
adult prisoners or juvenile offenders. Upon the development of the	80516
educational and training program, the department of ~~alcohol and~~	80517
~~drug addiction services~~mental health and addiction services	80518
promptly shall commence its implementation. The department of	80519
~~alcohol and drug addiction services~~mental health and addiction	80520
services may charge to the department of rehabilitation and	80521
correction and to the department of youth services a reasonable	80522
annual fee that reflects the expenses incurred by it during the	80523
immediately preceding calendar year in preparing and offering the	80524
educational and training program during that year to the	80525
respective employees and other associated persons described in	80526
this division.	80527

The director of rehabilitation and correction and the	80528
director of youth services shall require the respective employees	80529
and other associated persons described in this division to attend	80530
and successfully complete the educational and training program	80531
developed pursuant to this division as a condition of their	80532
continuing to have responsibility for the conduct of, or their	80533
continuing to provide treatment or rehabilitation services	80534
pursuant to, any treatment or rehabilitation program that is	80535
offered in a state correctional institution or in a department of	80536
youth services institution to adult prisoners or juvenile	80537
offenders. If the department of ~~alcohol and drug addiction~~	80538
~~services~~mental health and addiction services charges a reasonable	80539
annual fee as described in this division, the director involved	80540
shall cause that fee to be paid from any available funds of the	80541
department of rehabilitation and correction or any available funds	80542
of the department of youth services.	80543

(C) The department of rehabilitation and correction and the	80544
department of ~~alcohol and drug addiction services~~mental health	80545
and addiction services jointly shall develop program	80546
specifications for the alcohol and drug addiction treatment	80547
programs offered in state correctional institutions.	80548

~~Sec. 3793.031.~~ Sec. 5119.201. (A) The director of ~~alcohol and drug~~	80549
~~addiction services~~mental health and addiction services may	80550
acquire by purchase, lease, or otherwise such real and personal	80551
property rights in the name of the state as are necessary for the	80552
purposes of the department. ~~The~~	80553

(B) When it is necessary for a state institution under the	80554
jurisdiction of the department to acquire any real estate,	80555
right-of-way, or easement in real estate in order to accomplish	80556
the purposes for which it was organized or is being conducted, and	80557
the department is unable to agree with the owner of such property	80558
upon the price to be paid for the property, such property may be	80559
appropriated in the manner provided for the appropriation of	80560
property for other state purposes.	80561

(C) The director~~, with the approval of the governor and the~~	80562
~~attorney general,~~ may work with the department of administrative	80563
services to sell, lease, or exchange portions of real and personal	80564
property of the department when the sale, lease, or exchange is	80565
advantageous to the state. Money received from such sales, leases,	80566
or exchanges shall be credited to the ~~general revenue~~the	80567
department of mental health and addiction services trust fund,	80568
created in section 5119.46 of the Revised Code.	80569

(D) Any instrument by which real property is acquired	80570
pursuant to this section shall identify the agency of the state	80571
that has the use and benefit of the real property as specified in	80572
section 5301.012 of the Revised Code.	80573

~~Sec. 5119.06.~~ Sec. 5119.21. (A) The department of ~~mental health~~	80574
mental health and addiction services shall:	80575

~~(A)~~(1) To the extent the department has available resources	80576
and in consultation with boards of alcohol, drug addiction, and	80577
mental health services, support a ~~community support system~~	80578
continuum of care in accordance with ~~section 340.03~~Chapter 340.	80579
of the Revised Code on a district or multi-district basis. The	80580
department shall define the essential elements of a ~~community~~	80581
~~support system~~continuum of care, shall assist in identifying	80582
resources, and may prioritize support for one or more of the	80583
elements.	80584

~~(B) Operate inpatient and other mental health services;~~

80585

~~(C)~~(2) Provide training, consultation, and technical	80586
assistance regarding mental health ~~programs~~ and addiction services	80587
and appropriate prevention, recovery, and mental health promotion	80588
activities, including those that are culturally ~~sensitive~~	80589
competent, to employees of the department, community mental health	80590
~~agencies~~ and addiction services providers, boards of alcohol, drug	80591
addiction, and mental health services, and other agencies	80592
providing mental health and addiction services;	80593

~~(D)~~(3) To the extent the department has available resources,	80594
promote and support a full range of mental health and addiction	80595
services that are available and accessible to all residents of	80596
this state, especially for severely mentally disabled children,	80597
adolescents, ~~and~~ adults, pregnant women, parents, guardians or	80598
custodians of children at risk of abuse or neglect, and other	80599
special target populations, including racial and ethnic	80600
minorities, as determined by the department;	80601

~~(E)~~(4) Develop standards and measures for evaluating the	80602
effectiveness of mental health and addiction services, including	80603
services that use methadone treatment, of gambling addiction	80604
services, and for increasing the accountability of mental health	80605
and alcohol and addiction services providers and of gambling	80606
addiction services providers;	80607

(5) Design and set criteria for the determination of ~~severe~~	80608
~~mental disability~~priority populations;	80609

~~(F) Establish standards for evaluation of mental health~~	80610
~~programs;~~	80611

~~(G)~~(6) Promote, direct, conduct, and coordinate scientific	80612
research, taking ethnic and racial differences into consideration,	80613
concerning the causes and prevention of mental illness and	80614
addiction, methods of providing effective services and treatment,	80615
and means of enhancing the mental health of and recovery from	80616
addiction of all residents of this state;	80617

~~(H)~~(7) Foster the establishment and availability of	80618
vocational rehabilitation services and the creation of employment	80619
opportunities for consumers of mental health and addiction	80620
services, including members of racial and ethnic minorities;	80621

~~(I)~~(8) Establish a program to protect and promote the rights	80622
of persons receiving mental health and addiction services,	80623
including the issuance of guidelines on informed consent and other	80624
rights;	80625

~~(J) Establish, in consultation with board of alcohol, drug~~	80626
~~addiction, and mental health services representatives and after~~	80627
~~consideration of the recommendations of the medical director,~~	80628
~~guidelines for the development of community mental health plans~~	80629
~~and the review and approval or disapproval of such plans submitted~~	80630
~~pursuant to section 340.03 of the Revised Code;~~	80631

~~(K)~~(9) Promote the involvement of persons who are receiving	80632
or have received mental health or addiction services, including	80633
families and other persons having a close relationship to a person	80634
receiving ~~mental health~~those services, in the planning,	80635
evaluation, delivery, and operation of mental health and addiction	80636
services;	80637

~~(L)~~(10) Notify and consult with the relevant constituencies	80638
that may be affected by rules, standards, and guidelines issued by	80639
the department of ~~mental health~~mental health and addiction	80640
services. These constituencies shall include consumers of mental	80641
health and addiction services and their families, and may include	80642
public and private providers, employee organizations, and others	80643
when appropriate. Whenever the department proposes the adoption,	80644
amendment, or rescission of rules under Chapter 119. of the	80645
Revised Code, the notification and consultation required by this	80646
division shall occur prior to the commencement of proceedings	80647
under Chapter 119. The department shall adopt rules under Chapter	80648
119. of the Revised Code that establish procedures for the	80649
notification and consultation required by this division.	80650

~~(M) In cooperation with board of alcohol, drug addiction, and~~	80651
~~mental health services representatives, provide training regarding~~	80652
~~the provision of community-based mental health services to those~~	80653
~~department employees who are utilized in state-operated,~~	80654
~~community-based mental health services;~~	80655

~~(N)~~(11) Provide consultation to the department of	80656
rehabilitation and correction concerning the delivery of mental	80657
health and addiction services in state correctional institutions.	80658

(12) Promote and coordinate efforts in the provision of	80659
alcohol and drug addiction services and of gambling addiction	80660
services by other state agencies, as defined in section 1.60 of	80661
the Revised Code; courts; hospitals; clinics; physicians in	80662
private practice; public health authorities; boards of alcohol,	80663
drug addiction, and mental health services; alcohol and drug	80664
addiction services providers; law enforcement agencies; gambling	80665
addiction services providers; and related groups;	80666

(13) Provide to each court of record, and biennially update,	80667
a list of the treatment and education programs within that court's	80668
jurisdiction that the court may require an offender, sentenced	80669
pursuant to section 4511.19 of the Revised Code, to attend;	80670

(14) Make the warning sign described in sections 3313.752,	80671
3345.41, and 3707.50 of the Revised Code available on the	80672
department's internet web site;	80673

(15) Provide a program of gambling addiction services on	80674
behalf of the state lottery commission, pursuant to an agreement	80675
entered into with the director of the commission under division	80676
(K) of section 3770.02 of the Revised Code, and provide a program	80677
of gambling addiction services on behalf of the Ohio casino	80678
control commission, under an agreement entered into with the	80679
executive director of the commission under section 3772.062 of the	80680
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	80681
Constitution, the department may enter into agreements with boards	80682
of alcohol, drug addiction, and mental health services, including	80683
boards with districts in which a casino facility is not located,	80684
and nonprofit organizations to provide gambling addiction services	80685
and substance abuse services, and with state institutions of	80686
higher education or private nonprofit institutions that possess a	80687
certificate of authorization issued under Chapter 1713. of the	80688
Revised Code to perform related research.	80689

(B) The department may accept and administer grants from	80690
public or private sources for carrying out any of the duties	80691
enumerated in this section.	80692

(C) Pursuant to Chapter 119. of the Revised Code, the	80693
department shall adopt a rule defining the term "intervention" as	80694
it is used in this chapter in connection with alcohol and drug	80695
addiction services and in connection with gambling addiction	80696
services. The department may adopt other rules as necessary to	80697
implement the requirements of this chapter.	80698

~~Sec. 5119.61.~~ Sec. 5119.22. ~~Any provision in this chapter that~~	80699
~~refers to a board of alcohol, drug addiction, and mental health~~	80700
~~services also refers to the community mental health board in an~~	80701
~~alcohol, drug addiction, and mental health service district that~~	80702
~~has a community mental health board.~~	80703

The director of ~~mental health~~mental health and addiction	80704
services with respect to all mental health and addiction	80705
facilities and ~~programs~~services established and operated or	80706
provided under Chapter 340. of the Revised Code ~~for mentally ill~~	80707
~~and emotionally disturbed persons~~, shall do all of the following:	80708

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	80709
that may be necessary to carry out the purposes of ~~Chapter~~this	80710
chapter and Chapters 340. and ~~sections 5119.61 to 5119.63~~5122. of	80711
the Revised Code.	80712

~~(1) The rules shall include the following:~~

80713

~~(a) Rules governing a community mental health agency's~~	80714
~~services under section 340.091 of the Revised Code to an~~	80715
~~individual referred to the agency under division (D)(2) of section~~	80716
~~5119.69 of the Revised Code;~~	80717

~~(b) For the purpose of division (A)(16) of section 340.03 of~~	80718
~~the Revised Code, rules governing the duties of mental health~~	80719
~~agencies and boards of alcohol, drug addiction, and mental health~~	80720
~~services regarding referrals of individuals with mental illness or~~	80721
~~severe mental disability to residential facilities as defined in~~	80722
~~division (A)(9)(b) of section 5119.22 of the Revised Code and~~	80723
~~effective arrangements for ongoing mental health services for the~~	80724
~~individuals. .~~	80725

~~(2) Rules may be adopted to govern the method of paying a~~	80726
~~community mental health facility, as defined in section 5111.023~~	80727
~~of the Revised Code, for providing services listed in division (B)~~	80728
~~of that section. Such rules must be consistent with the contract~~	80729
~~entered into between the departments of job and family services~~	80730
~~and mental health under section 5111.91 of the Revised Code and~~	80731
~~include requirements ensuring appropriate service utilization.~~	80732

(B) Review and evaluate~~, and~~the continuum of care in each	80733
service district, taking into account the findings and	80734
recommendations of the board of alcohol, drug addiction, and	80735
mental health services of the district ~~served by the program~~	80736
submitted under division (A)(4) of section 340.03 of the Revised	80737
Code and the ~~requirements and~~ priorities and plans of the ~~state~~	80738
~~mental health plan~~department, including the needs of residents of	80739
the district ~~now residing in state mental institutions~~currently	80740
receiving services in state-operated hospitals, and make	80741
recommendations for needed improvements to boards of alcohol, drug	80742
addiction, and mental health services;	80743

(C) ~~Provide consultative services to community mental health~~	80744
~~agencies with the knowledge and cooperation of the board of~~	80745
~~alcohol, drug addiction, and mental health services;~~	80746

~~(D)~~ At the director's discretion, provide to boards of	80747
alcohol, drug addiction, and mental health services state or	80748
federal funds, in addition to those allocated under section	80749
~~5119.62~~5119.23 of the Revised Code, for special programs or	80750
projects the director considers necessary but for which local	80751
funds are not available;	80752

(D) Establish, in consultation with board of alcohol, drug	80753
addiction, and mental health service representatives and after	80754
consideration of the recommendations of the medical director,	80755
guidelines for the development of community mental health and	80756
addiction services plans and the review and approval or	80757
disapproval of such plans submitted pursuant to section 340.03 of	80758
the Revised Code.	80759

(E) Establish criteria by which a board of alcohol, drug	80760
addiction, and mental health services reviews and evaluates the	80761
quality, effectiveness, and efficiency of its contracted services	80762
~~provided through its community mental health plan~~. The criteria	80763
shall include requirements ensuring appropriate service	80764
utilization. The department shall assess a board's evaluation of	80765
services and the compliance of each board with this section,	80766
Chapter 340. ~~or section 5119.62~~ of the Revised Code, and other	80767
state or federal law and regulations. The department, in	80768
cooperation with the board, periodically shall review and evaluate	80769
the quality, effectiveness, and efficiency of services provided	80770
through each board. The department shall collect information that	80771
is necessary to perform these functions.	80772

(F) To the extent the director determines necessary and after	80773
consulting with boards of alcohol, drug addiction, and mental	80774
health services, develop and operate, or contract for the	80775
operation of, a community ~~mental~~behavioral health information	80776
system or systems. The department shall specify the information	80777
that must be provided by boards of alcohol, drug addiction, and	80778
mental health services for inclusion in the system or systems.	80779

Boards of alcohol, drug addiction, and mental health services	80780
shall submit information requested by the department in the form	80781
and manner and in accordance with time frames prescribed by the	80782
department. Information collected by the department ~~shall~~may	80783
include~~, but not be limited to,~~ all of the following:	80784

(1) Information ~~regarding units of~~on services provided in	80785
whole or in part under contract with a board~~, including diagnosis~~	80786
~~and special needs, demographic information, the number of units of~~	80787
~~service provided, past treatment, financial status, and service~~	80788
~~dates in accordance with rules adopted by the department in~~	80789
~~accordance with Chapter 119. of the Revised Code~~;	80790

(2) Financial information ~~other than price or price-related~~	80791
~~data~~ regarding expenditures of federal, state, or local funds by	80792
boards ~~and community mental health agencies, including units of~~	80793
~~service provided, budgeted and actual expenses by type, and~~	80794
~~sources of funds~~;	80795

(3) Information about persons served under contract with a	80796
board.	80797

~~Boards shall submit the information specified in division~~	80798
~~(F)(1) of this section no less frequently than annually for each~~	80799
~~client, and each time the client's case is opened or closed.~~ The	80800
department shall not collect any personal information from the	80801
boards except as required or permitted by state or federal law for	80802
purposes related to payment, health care operations, program and	80803
service evaluation, reporting activities, research, system	80804
administration, and oversight.	80805

(G)(1) Review each board's community mental health and	80806
addiction services plan, budget, and statement of services to be	80807
made available submitted pursuant to ~~section~~sections 340.03 and	80808
340.08 of the Revised Code and approve or disapprove itthe plan,	80809
the budget, and the statement of services in whole or in part.	80810
~~Periodically, in consultation with representatives of boards and~~	80811
~~after considering the recommendations of the medical director, the~~	80812
~~director shall issue criteria for determining when a plan is~~	80813
~~complete, criteria for plan approval or disapproval, and~~	80814
~~provisions for conditional approval. The factors that the director~~	80815
~~considers may include, but are not limited to, the following:~~	80816

~~(1) The mental health needs of all persons residing within~~	80817
~~the board's service district, especially severely mentally~~	80818
~~disabled children, adolescents, and adults;~~	80819

~~(2) The demonstrated quality, effectiveness, efficiency, and~~	80820
~~cultural relevance of the services provided in each service~~	80821
~~district, the extent to which any services are duplicative of~~	80822
~~other available services, and whether the services meet the needs~~	80823
~~identified above;~~	80824

~~(3) The adequacy of the board's accounting for the~~	80825
~~expenditure of funds.~~	80826

~~If the director disapproves all or part of any plan, the~~	80827
~~director shall provide the board an opportunity to present its~~	80828
~~position. The director shall inform the board of the reasons for~~	80829
~~the disapproval and of the criteria that must be met before the~~	80830
~~plan may be approved. The director shall give the board a~~	80831
~~reasonable time within which to meet the criteria, and shall offer~~	80832
~~technical assistance to the board to help it meet the criteria.~~	80833

~~If the approval of a plan remains in dispute, the board or~~	80834
~~the director may request that the dispute be submitted to a~~	80835
~~mutually agreed upon third-party mediator with the cost to be~~	80836
~~shared by the board and the department. The mediator shall issue~~	80837
~~to the board and the department recommendations for resolution of~~	80838
~~the dispute. The director, taking into consideration the~~	80839
~~recommendations of the mediator, shall make a final determination~~	80840
~~and approve or disapprove the plan, in whole or in part~~The	80841
department may withhold all or part of the funds allocated to a	80842
board if it disapproves all or part of a plan, budget, or	80843
statement of services. Prior to a final decision to disapprove a	80844
plan, budget, or statement of services, or to withhold funds from	80845
a board, a representative of the director of mental health and	80846
addiction services shall meet with the board and discuss the	80847
reason for the action the department proposes to take and any	80848
corrective action that should be taken to make the plan, budget,	80849
or statement of services acceptable to the department. In	80850
addition, the department shall offer technical assistance to the	80851
board to assist it to make the plan, budget, or statement of	80852
services acceptable. The department shall give the board a	80853
reasonable time in which to revise the plan, budget, or statement	80854
of services. The board thereafter shall submit a revised plan,	80855
budget, or statement of services, or a new plan, budget, or	80856
statement of services.	80857

(2) If a board determines that it is necessary to amend the	80858
plan, budget, or statement of services that has been approved	80859
under this section, the board shall submit the proposed amendment	80860
to the department. The department may approve or disapprove all or	80861
part of the amendment.	80862

(3) If the director disapproves of all or part of any	80863
proposed amendment, the director shall provide the board an	80864
opportunity to present its position. The director shall inform the	80865
board of the reasons for the disapproval and of the criteria that	80866
must be met before the proposed amendment may be approved. The	80867
director shall give the board a reasonable time within which to	80868
meet the criteria and shall offer technical assistance to the	80869
board to help it meet the criteria.	80870

(4) The department shall establish procedures for the review	80871
of plans, budgets, and statements of services, and a timetable for	80872
submission and review of plans, budgets, and statements of	80873
services and for corrective action and submission of new or	80874
revised plans, budgets, and statements of services.	80875

~~Sec. 5119.62.~~ Sec. 5119.23. (A) The department of ~~mental health~~	80876
mental health and addiction services shall establish a methodology	80877
for allocating to boards of alcohol, drug addiction, and mental	80878
health services the funds appropriated by the general assembly to	80879
the department for the purpose of local mental health ~~systems~~and	80880
addiction services continuums of care. The department shall	80881
establish the methodology after notifying and consulting with	80882
relevant constituencies as required by division ~~(L)~~(A)(10) of	80883
section ~~5119.06~~5119.21 of the Revised Code. The methodology may	80884
provide for the funds to be allocated to boards on a district or	80885
multi-district basis. ~~Subject~~	80886

(B) Subject to ~~sections 5119.622 and 5119.623~~section	80887
5119.25 of the Revised Code, and to required submissions and	80888
approvals under section 340.08 of the Revised Code, the department	80889
shall allocate the funds to the boards in a manner consistent with	80890
the methodology, this section, other state and federal laws,	80891
rules, and regulations.	80892

~~(B) The department may allocate to boards a portion of the~~	80893
~~funds appropriated by the general assembly to the department for~~	80894
~~the operation of state hospital services. If the department~~	80895
~~allocates the funds, the department shall do all of the following:~~	80896

~~(1) In consultation with the boards:~~

80897

~~(a) Annually determine the unit costs of providing state~~	80898
~~hospital services; and~~	80899

~~(b) Establish the methodology for allocating the funds to the~~	80900
~~boards.~~	80901

~~(2) Determine the type of unit costs of providing state~~	80902
~~hospital services to be included as a factor in the methodology~~	80903
~~and include that unit cost as a factor in the methodology;~~	80904

~~(3) Subject to sections 5119.622 and 5119.623 of the Revised~~	80905
~~Code, allocate the funds to the boards in a manner consistent with~~	80906
~~the methodology, this section, other state and federal laws,~~	80907
~~rules, and regulations.~~	80908

~~(c) Not later than the first day of April of each year, the~~	80909
~~department shall notify each board of the department's estimate of~~	80910
~~the amount of funds to be allocated to the board under this~~	80911
~~section during the fiscal year beginning on the next July first.~~	80912
~~If the department makes an allocation under division (B) of this~~	80913
~~section, the department shall also notify each board of the unit~~	80914
~~costs of providing state hospital services for the upcoming fiscal~~	80915
~~year as determined under that division. Not later than the first~~	80916
~~day of May of each year, each board shall notify the department as~~	80917
~~to which of the following options it has elected for the upcoming~~	80918
~~fiscal year:~~	80919

~~(1) The board elects to accept distribution of the amount~~	80920
~~allocated to it under this section. Funds distributed to each~~	80921
~~board shall be used to supplement and not to supplant other state,~~	80922
~~local, or federal funds that are being used to support~~	80923
~~community-based programs for severely mentally disabled children,~~	80924
~~adolescents, and adults, unless the funds have been specifically~~	80925
~~designated for the initiation of programs in accordance with the~~	80926
~~community mental health plan developed and submitted under section~~	80927
~~340.03 and approved under section 5119.61 of the Revised Code.~~	80928
~~Notwithstanding section 131.33 of the Revised Code, any board may~~	80929
~~expend unexpended funds distributed to the board from~~	80930
~~appropriations for the purpose of local management of mental~~	80931
~~health services in the fiscal year following the fiscal year for~~	80932
~~which the appropriations are made, in accordance with the approved~~	80933
~~community mental health plan.~~	80934

~~(2) Subject to division (D) of this section, the board elects~~	80935
~~not to accept the amount allocated to it under this section,~~	80936
~~authorizes the department to determine the use of its allocation,~~	80937
~~and agrees to provide the department with a statement of projected~~	80938
~~utilization of state hospitals and other state-operated services~~	80939
~~by residents of its service district during the fiscal year.~~	80940

~~(D) No board shall elect the option in division (C)(2) of~~	80941
~~this section unless all of the following apply:~~	80942

~~(1) Either the total funds estimated by the department to be~~	80943
~~allocated to the board under this section for the next fiscal year~~	80944
~~are reduced by a substantial amount, as defined in guidelines~~	80945
~~adopted by the director of mental health under division (E) of~~	80946
~~this section, in comparison to the amount allocated for the~~	80947
~~current fiscal year, for reasons not related to performance or the~~	80948
~~board has experienced other circumstances specified in the~~	80949
~~guidelines.~~	80950

~~(2) The board provides the department written confirmation~~	80951
~~that the board has received input about the impact that the~~	80952
~~board's election will have on the mental health system in the~~	80953
~~board's district from all of the following:~~	80954

~~(a) Individuals who receive mental health services and such~~	80955
~~individuals' families;~~	80956

~~(b) Boards of county commissioners;~~

80957

~~(c) Judges of juvenile and probate courts;~~

80958

~~(d) County sheriffs, jail administrators, and other local law~~	80959
~~enforcement officials.~~	80960

~~(3) Not later than seven days before notifying the department~~	80961
~~of its election and after providing the department the written~~	80962
~~confirmation required by division (D)(2) of this section, the~~	80963
~~board conducts a public hearing on the issue.~~	80964

~~(E) For the purpose of division (D)(1) of this section, the~~	80965
~~director of mental health shall consult with the boards and other~~	80966
~~relevant constituencies to develop guidelines for determining what~~	80967
~~constitutes a substantial reduction of funds and what other~~	80968
~~circumstances qualify a board to elect the option in division~~	80969
~~(C)(2) of this section.~~	80970

~~(F) No board shall use state funds for the purpose of~~	80971
~~discouraging employees from seeking collective bargaining~~	80972
~~representation or encouraging employees to decertify a recognized~~	80973
~~collective bargaining agent.~~	80974

~~(G) The department shall charge against the allocation made~~	80975
~~to a board under division (B) of this section, if any, any~~	80976
~~unreimbursed costs for services provided by the department.~~	80977

~~(H) A board's use of funds allocated under this section is~~	80978
~~subject to audit by county, state, and federal authorities.~~	80979

(C) In consultation with boards, community mental health and	80980
addiction services providers, and persons receiving services, the	80981
department shall establish guidelines for the use of funds	80982
allocated and distributed under this section.	80983

~~Sec. 5119.621.~~ Sec. 5119.24. (A) As used in this section,	80984
"administrative function" means a function related to one or more	80985
of the following:	80986

(1) Continuous quality improvement;

80987

(2) Utilization review;

80988

(3) Resource development;

80989

(4) Fiscal administration;

80990

(5) General administration;

80991

(6) Any other function related to administration that is	80992
required by Chapter 340. of the Revised Code.	80993

(B) Each board of alcohol, drug addiction, and mental health	80994
services shall submit an annual report to the department of ~~mental~~	80995
~~health~~mental health and addiction services specifying how the	80996
board used funds allocated to the board under section ~~5119.62~~	80997
5119.23 of the Revised Code for administrative functions in the	80998
year preceding the report's submission. The director of ~~mental~~	80999
~~health~~mental health and addiction services shall establish the	81000
date by which the report must be submitted each year.	81001

~~Sec. 5119.622.~~ Sec. 5119.25. (A) The director of ~~mental health~~	81002
mental health and addiction services, in whole or in part, may	81003
withhold funds otherwise to be allocated to a board of alcohol,	81004
drug addiction, and mental health services under section ~~5119.62~~	81005
5119.23 of the Revised Code if the board fails to comply with	81006
Chapter 340. or section ~~5119.61, 5119.611, 5119.612, or 5119.621~~	81007
5119.22, 5119.24, 5119.36, or 5119.37 of the Revised Code or rules	81008
of the department of ~~mental health regarding a community mental~~	81009
~~health service~~mental health and addiction services. ~~The~~	81010

(B) The director of mental health and addiction services may	81011
withhold funds otherwise to be allocated to a board of alcohol,	81012
drug addiction, and mental health services under section 5119.23	81013
of the Revised Code if the board denies available service on the	81014
basis of race, color, religion, sex, national origin, marital	81015
status, sexual orientation, genetic information, or developmental	81016
disability, or age, disability, or military status as defined in	81017
section 4112.01 of the Revised Code.	81018

(C) The director shall ~~identify~~issue a notice identifying	81019
the areas of noncompliance and the action necessary to achieve	81020
compliance. The director ~~shall~~may offer technical assistance to	81021
the board to achieve compliance. The ~~director shall give the~~ board	81022
~~a reasonable time within which to comply or~~shall have ten days	81023
from receipt of the notice of noncompliance to present its	81024
position that it is in compliance. Before withholding funds, the	81025
director or the director's designee shall hold a hearing ~~shall be~~	81026
~~conducted~~within ten days of receipt of the board's position to	81027
determine if there are continuing violations and that either	81028
assistance is rejected or the board is unable to achieve	81029
compliance. Subsequent to the hearing process, if it is determined	81030
that compliance has not been achieved, the director may allocate	81031
all or part of the withheld funds to a public or private agency to	81032
provide the community mental health or community addiction service	81033
for which the board is not in compliance until the time that there	81034
is compliance. The director ~~shall~~may adopt rules in accordance	81035
with Chapter 119. of the Revised Code to implement this section.	81036

~~Sec. 3793.14.~~ Sec. 5119.26. Any person treated under this chapter	81037
or rules adopted under it shall retain ~~his~~the person's civil	81038
rights and liberties, including the right not to be experimented	81039
upon with treatment not accepted as good medical practice without	81040
~~his~~the person's fully informed consent, the right as a ~~patient~~	81041
person receiving services to maintain the confidentiality of	81042
health and medical records, the right as a person detained for	81043
medical purposes to receive adequate and appropriate treatment,	81044
and the right to vote.	81045

~~Sec. 3793.13.~~ Sec. 5119.27. (A) Records or information, other than	81046
court journal entries or court docket entries, pertaining to the	81047
identity, diagnosis, or treatment of any ~~patient~~person seeking or	81048
receiving services that are maintained in connection with the	81049
performance of any drug treatment program or services licensed by,	81050
or certified by, the director of ~~alcohol and drug addiction~~	81051
~~services,~~mental health and addiction services under ~~section~~	81052
~~3793.11 of the Revised Code,~~this chapter shall be kept	81053
confidential, may be disclosed only for the purposes and under the	81054
circumstances expressly authorized under this section, and may not	81055
otherwise be divulged in any civil, criminal, administrative, or	81056
legislative proceeding.	81057

(B) When the ~~patient~~person, with respect to whom any record	81058
or information referred to in division (A) of this section is	81059
maintained, gives consent in the form of a written release signed	81060
by the ~~patient~~person, the content of the record or information	81061
may be disclosed if the written release conforms to all of the	81062
following:	81063

(1) Specifically identifies the person, official, or entity	81064
to whom the information is to be provided;	81065

(2) Describes with reasonable specificity the record,	81066
records, or information to be disclosed; and	81067

(3) Describes with reasonable specificity the purposes of the	81068
disclosure and the intended use of the disclosed information.	81069

(C) A ~~patient~~person who is subject to a community control	81070
sanction, parole, or a post-release control sanction or who is	81071
ordered to rehabilitation in lieu of conviction, and who has	81072
agreed to participate in a drug treatment or rehabilitation	81073
program as a condition of the community control sanction,	81074
post-release control sanction, parole, or order to rehabilitation,	81075
shall be considered to have consented to the release of records	81076
and information relating to the progress of treatment, frequency	81077
of treatment, adherence to treatment requirements, and probable	81078
outcome of treatment. Release of information and records under	81079
this division shall be limited to the court or governmental	81080
personnel having the responsibility for supervising the ~~patient's~~	81081
person's community control sanction, post-release control	81082
sanction, parole, or order to rehabilitation. A ~~patient~~person,	81083
described in this division, who refuses to allow disclosure may be	81084
considered in violation of the conditions of the ~~patient's~~	81085
person's community control sanction, post-release control	81086
sanction, parole, or order to rehabilitation.	81087

(D) Disclosure of a ~~patient's~~person's record may be made	81088
without the ~~patient's~~person's consent to qualified personnel for	81089
the purpose of conducting scientific research, management,	81090
financial audits, or program evaluation, but these personnel may	81091
not identify, directly or indirectly, any individual ~~patient~~	81092
person in any report of the research, audit, or evaluation, or	81093
otherwise disclose a ~~patient's~~person's identity in any manner.	81094

(E) Upon the request of a prosecuting attorney or the	81095
director of ~~alcohol and drug addiction services~~mental health and	81096
addiction services, a court of competent jurisdiction may order	81097
the disclosure of records or information referred to in division	81098
(A) of this section if the court has reason to believe that a	81099
treatment program or facility is being operated or used in a	81100
manner contrary to law. The use of any information or record so	81101
disclosed shall be limited to the prosecution of persons who are	81102
or may be charged with any offense related to the illegal	81103
operation or use of the drug treatment program or facility, or to	81104
the decision to withdraw the authority of a drug treatment program	81105
or facility to continue operation. For purposes of this division	81106
the court shall:	81107

(1) Limit disclosure to those parts of the ~~patient's~~person's	81108
record considered essential to fulfill the objective for which the	81109
order was granted;	81110

(2) Require, where appropriate, that all information be	81111
disclosed in chambers;	81112

(3) Include any other appropriate measures to keep disclosure	81113
to a minimum, consistent with the protection of the ~~patients~~	81114
persons seeking or receiving services, the physician-patient	81115
relationship, and the administration of the drug treatment and	81116
rehabilitation program.	81117

(F) As used in this section:

81118

(1) "Community control sanction" has the same meaning as in	81119
section 2929.01 of the Revised Code.	81120

(2) "Post-release control sanction" has the same meaning as	81121
in section 2967.01 of the Revised Code.	81122

Sec. 5119.28. (A) All records, and reports, other than court	81123
journal entries or court docket entries, identifying a person and	81124
pertaining to the person's mental health condition, assessment,	81125
provision of care or treatment, or payment for assessment, care or	81126
treatment that are maintained in connection with any services	81127
certified by the department of mental health and addiction	81128
services, or any hospitals or facilities licensed or operated by	81129
the department, shall be kept confidential and shall not be	81130
disclosed by any person except:	81131

(1) If the person identified, or the person's legal guardian,	81132
if any, or if the person is a minor, the person's parent or legal	81133
guardian, consents;	81134

(2) When disclosure is provided for in this chapter or	81135
Chapter 340. or 5122., or Title XLVII of the Revised Code;	81136

(3) That hospitals, boards of alcohol, drug addiction, and	81137
mental health services, licensed facilities, and community mental	81138
health services providers may release necessary information to	81139
insurers and other third-party payers, including government	81140
entities responsible for processing and authorizing payment, to	81141
obtain payment for goods and services furnished to the person;	81142

(4) Pursuant to a court order signed by a judge;

81143

(5) That a person shall be granted access to the person's own	81144
psychiatric and medical records, unless access specifically is	81145
restricted in a person's treatment plan for clear treatment	81146
reasons;	81147

(6) That the department of mental health and addiction	81148
services may exchange psychiatric records and other pertinent	81149
information with community mental health services providers and	81150
boards of alcohol, drug addiction, and mental health services	81151
relating to the person's care or services. Records and information	81152
that may be exchanged pursuant to this division shall be limited	81153
to medication history, physical health status and history,	81154
financial status, summary of course of treatment, summary of	81155
treatment needs, and a discharge summary, if any.	81156

(7) That the department of mental health and addiction	81157
services, hospitals and community providers operated by the	81158
department, hospitals licensed by the department under section	81159
5119.33 of the Revised Code, and community mental health services	81160
providers may exchange psychiatric records and other pertinent	81161
information with payers and other providers of treatment and	81162
health services if the purpose of the exchange is to facilitate	81163
continuity of care for the person or for the emergency treatment	81164
of the person;	81165

(8) That the department of mental health and addiction	81166
services and community mental health services providers may	81167
exchange psychiatric records and other pertinent information with	81168
boards of alcohol, drug addiction, and mental health services for	81169
purposes of any board function set forth in Chapter 340. of the	81170
Revised Code. Boards of alcohol, drug addiction, and mental health	81171
services shall not access any personal information from the	81172
department or providers except as required or permitted by this	81173
section, or Chapter 340. or 5122. of the Revised Code for purposes	81174
related to payment, care coordination, health care operations,	81175
program and service evaluation, reporting activities, research,	81176
system administration, oversight, or other authorized purposes.	81177

(9) That a person's family member who is involved in the	81178
provision, planning, and monitoring of services to the person may	81179
receive medication information, a summary of the person's	81180
diagnosis and prognosis, and a list of the services and personnel	81181
available to assist the person and the person's family, if the	81182
person's treatment provider determines that the disclosure would	81183
be in the best interests of the person. No such disclosure shall	81184
be made unless the person is notified first and receives the	81185
information and does not object to the disclosure.	81186

(10) That community mental health services providers may	81187
exchange psychiatric records and certain other information with	81188
the board of alcohol, drug addiction, and mental health services	81189
and other providers in order to provide services to a person	81190
involuntarily committed to a board. Release of records under this	81191
division shall be limited to medication history, physical health	81192
status and history, financial status, summary of course of	81193
treatment, summary of treatment needs, and discharge summary, if	81194
any.	81195

(11) That information may be disclosed to the executor or the	81196
administrator of an estate of a deceased person when the	81197
information is necessary to administer the estate;	81198

(12) That information may be disclosed to staff members of	81199
the appropriate board or to staff members designated by the	81200
director of mental health and addiction services for the purpose	81201
of evaluating the quality, effectiveness, and efficiency of	81202
services and determining if the services meet minimum standards.	81203
Information obtained during such evaluations shall not be retained	81204
with the name of any person.	81205

(13) That records pertaining to the person's diagnosis,	81206
course of treatment, treatment needs, and prognosis shall be	81207
disclosed and released to the appropriate prosecuting attorney if	81208
the person was committed pursuant to section 2945.38, 2945.39,	81209
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	81210
attorney designated by the board for proceedings pursuant to	81211
involuntary commitment under Chapter 5122. of the Revised Code.	81212

(14) That the department of mental health and addiction	81213
services may exchange psychiatric hospitalization records, other	81214
mental health treatment records, and other pertinent information	81215
with the department of rehabilitation and correction and with the	81216
department of youth services to ensure continuity of care for	81217
inmates and offenders who are receiving mental health services in	81218
an institution of the department of rehabilitation and correction	81219
or the department of youth services and may exchange psychiatric	81220
hospitalization records, other mental health treatment records,	81221
and other pertinent information with boards of alcohol, drug	81222
addiction, and mental health services and community mental health	81223
services providers to ensure continuity of care for inmates or	81224
offenders who are receiving mental health services in an	81225
institution and are scheduled for release within six months. The	81226
release of records under this division is limited to records	81227
regarding an inmate's or offender's medication history, physical	81228
health status and history, summary of course of treatment, summary	81229
of treatment needs, and a discharge summary, if any.	81230

(15) That a community mental health services provider that	81231
ceases to operate may transfer to either a community mental health	81232
services provider that assumes its caseload or to the board of	81233
alcohol, drug addiction, and mental health services of the service	81234
district in which the person resided at the time services were	81235
most recently provided any treatment records that have not been	81236
transferred elsewhere at the person's request.	81237

(B) Before records are disclosed pursuant to divisions	81238
(A)(3), (6), and (10) of this section, the custodian of the	81239
records shall attempt to obtain the person's consent for the	81240
disclosure.	81241

(C) No person shall reveal the content of a medical record of	81242
a person that is confidential pursuant to this section, except as	81243
authorized by law.	81244

~~Sec. 5119.57.~~ Sec. 5119.29. ~~No later than January 1, 1998, the~~The	81245
department of ~~mental health~~mental health and addiction services,	81246
in conjunction with boards of alcohol, drug addiction, and mental	81247
health services and community mental health boards, shall develop	81248
a coordinated system for tracking and monitoring persons found not	81249
guilty by reason of insanity and committed pursuant to section	81250
2945.40 of the Revised Code who have been granted a conditional	81251
release and persons found incompetent to stand trial and committed	81252
pursuant to section 2945.39 of the Revised Code who have been	81253
granted a conditional release. The system shall do all of the	81254
following:	81255

(A) Centralize responsibility for the tracking of those	81256
persons;	81257

(B) Develop uniformity in monitoring those persons;

81258

(C) Develop a mechanism to allow prompt rehospitalization,	81259
reinstitutionalization, or detention when a violation of the	81260
conditional release or decompensation occurs.	81261

~~Sec. 3793.18.~~ Sec. 5119.30. The department of ~~alcohol and drug~~	81262
~~addiction services~~mental health and addiction services promptly	81263
shall develop and maintain a program that continually provides the	81264
courts of this state with relevant information pertaining to	81265
~~alcohol and drug~~ addiction services and programs available both	81266
within their jurisdictions and statewide in order to facilitate	81267
the ability of the courts to utilize treatment and rehabilitation	81268
alternatives in addition to or in lieu of imposing sentences of	81269
imprisonment upon appropriate offenders.	81270

~~Sec. 5119.23.~~ Sec. 5119.31. The department of ~~mental health~~mental	81271
health and addiction services may examine into, with or without	81272
expert assistance, the question of the mental and physical	81273
condition of any person committed to or involuntarily confined in	81274
any hospital for the mentally ill, or restrained of ~~his~~ liberty at	81275
any place within this state by reason of alleged mental illness	81276
and may order and compel the discharge of any such person who is	81277
not a mentally ill person subject to hospitalization by court	81278
order as defined in division (B) of section 5122.01 of the Revised	81279
Code and direct what disposition shall be made of ~~him~~the person.	81280
The order of discharge shall be signed by the director of ~~mental~~	81281
~~health~~mental health and addiction services. Upon receipt of such	81282
order by the superintendent or other person in charge of the	81283
building in which the person named in such order is confined, such	81284
person shall forthwith be discharged or otherwise disposed of	81285
according to the terms of said order, and any further or other	81286
detention of such person is unlawful. No such order shall be made	81287
in favor of any person committed and held for trial on a criminal	81288
charge, in confinement by an order of a judge or court made in a	81289
criminal proceeding, or in any case unless notice is given to the	81290
superintendent or other person having charge of the building in	81291
which the alleged mentally ill person is detained, and a	81292
reasonable opportunity is allowed the person in charge to justify	81293
further detention of the person confined.	81294

~~Sec. 5119.60.~~ Sec. 5119.32. The department of ~~mental health~~mental	81295
health and addiction services is hereby designated as the state	81296
administrative agency for the ~~alcohol, drug abuse and mental~~	81297
~~health services~~substance abuse prevention treatment block grant	81298
and the community mental health services block grant authorized by	81299
the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C.	81300
300x, as amended, and similar alcohol, drug abuse, or mental	81301
health programs that are specified in an appropriations act. ~~The~~	81302
~~department shall establish and administer an annual plan to~~	81303
~~utilize federal block grant funds. The department shall consult~~	81304
~~with the department of alcohol and drug addiction services on the~~	81305
~~allocation of funds for alcohol and drug addiction services~~	81306
~~pursuant to Chapter 3793. of the Revised Code and shall notify the~~	81307
~~controlling board, which shall authorize the transfer of funds~~	81308
~~allocated to the department of alcohol and drug addiction~~	81309
~~services.~~	81310

~~Sec. 5119.20.~~ Sec. 5119.33. The department of ~~mental health~~mental	81311
health and addiction services shall inspect and license all	81312
hospitals that receive mentally ill persons, except those	81313
hospitals managed by the department. No hospital may receive for	81314
care or treatment, either at public or private expense, any person	81315
who is or appears to be mentally ill, whether or not so	81316
adjudicated, unless the hospital has received a license from the	81317
department authorizing it to receive for care or treatment persons	81318
who are mentally ill or the hospital is managed by the department.	81319

No such license shall be granted to a hospital for the	81320
treatment of mentally ill persons unless the department is	81321
satisfied, after investigation, that the hospital is managed and	81322
operated by qualified persons and has on its staff one or more	81323
qualified physicians responsible for the medical care of the	81324
patients confined there. At least one such physician shall be a	81325
psychiatrist.	81326

The department shall adopt rules under Chapter 119. of the	81327
Revised Code prescribing minimum standards for the operation of	81328
hospitals for the care and treatment of mentally ill persons and	81329
establishing standards and procedures for the issuance, renewal,	81330
or revocation of full, probationary, and interim licenses. No	81331
license shall be granted to any hospital established or used for	81332
the care of mentally ill persons unless such hospital is operating	81333
in accordance with this section and rules adopted pursuant to this	81334
section. A full license shall expire one year after the date of	81335
issuance, a probationary license shall expire at the time	81336
prescribed by rule adopted pursuant to Chapter 119. of the Revised	81337
Code by the director of ~~mental health~~mental health and addiction	81338
services, and an interim license shall expire ninety days after	81339
the date of issuance. A full, probationary, or interim license may	81340
be renewed, except that an interim license may be renewed only	81341
twice. The department may fix reasonable fees for licenses and for	81342
license renewals. Such hospitals are subject to inspection and	81343
~~visitation~~on-site review by the department.	81344

Except as otherwise provided in Chapter 5122. of the Revised	81345
Code, neither the director of ~~the department of mental health~~	81346
mental health and addiction services; an employee of the	81347
department; a board of alcohol, drug addiction, and mental health	81348
services or ~~agency~~ employee of a community mental health services	81349
provider; nor any other public official shall hospitalize any	81350
mentally ill person for care or treatment in any hospital that is	81351
not licensed in accordance with this section.	81352

Any license issued by the department under this section may	81353
be revoked by the department for any of the following reasons:	81354

(A) The hospital is no longer a suitable place for the care	81355
or treatment of mentally ill persons.	81356

(B) The hospital refuses to be subject to inspection or	81357
~~visitation~~on-site review by the department.	81358

(C) The hospital has failed to furnish humane, kind, and	81359
adequate treatment and care.	81360

(D) The hospital fails to comply with the licensure rules of	81361
the department.	81362

The department may inspect, ~~visit~~conduct an on-site review,	81363
and review the records of any hospital that the department has	81364
reason to believe is operating without a license.	81365

~~Sec. 5119.201.~~ Sec. 5119.331. If the department of ~~mental health~~	81366
mental health and addiction services determines that a hospital	81367
not licensed by the department is receiving for care or treatment	81368
any person who is or appears to be mentally ill, the department	81369
may request in writing that the attorney general petition the	81370
court of common pleas in the county where the hospital is located	81371
to enjoin the hospital from continued operation in violation of	81372
section ~~5119.20~~5119.33 of the Revised Code.	81373

~~Sec. 5119.202.~~ Sec. 5119.332. No third-party payer shall directly	81374
or indirectly reimburse, nor shall any person be obligated to pay	81375
any hospital for psychiatric services for which a license is	81376
required under section ~~5119.20~~5119.33 of the Revised Code unless	81377
the hospital is licensed by the department of ~~mental health~~mental	81378
health and addiction services.	81379

As used in this section, "third-party payer" means a health	81380
insuring corporation licensed under Chapter 1751. of the Revised	81381
Code, an insurance company that issues sickness and accident	81382
insurance in conformity with Chapter 3923. of the Revised Code, a	81383
state-financed health insurance program under Chapter 3701.,	81384
4123., or 5101. of the Revised Code, or any self-insurance plan.	81385

~~Sec. 5119.21.~~ Sec. 5119.333. No person shall keep or maintain a	81386
hospital for the care or treatment of mentally ill persons unless	81387
it is licensed by the department of ~~mental health~~mental health	81388
and addiction services, as provided by section ~~5119.20~~5119.33 of	81389
the Revised Code.	81390

~~Sec. 5119.22.~~ Sec. 5119.34. (A) As used in this section and	81391
~~section 5119.221~~sections 5119.341 and 5119.342 of the Revised	81392
Code:	81393

(1) "Accommodations" means housing, daily meal preparation,	81394
laundry, housekeeping, arranging for transportation, social and	81395
recreational activities, maintenance, security, and other services	81396
that do not constitute personal care services or skilled nursing	81397
care.	81398

(2) "ADAMHS board" means a board of alcohol, drug addiction,	81399
and mental health services.	81400

(3) "Adult" means a person who is eighteen years of age or	81401
older, other than a person described in division (A)(4) of this	81402
section who is between eighteen and twenty-one years of age.	81403

(4) "Child" means a person who is under eighteen years of age	81404
or a person with a mental disability who is under twenty-one years	81405
of age.	81406

(5) "Community mental health ~~agency~~services provider" means	81407
a community mental health ~~agency~~services provider as defined in	81408
~~division (H) of~~ section ~~5122.01~~5119.01 of the Revised Code.	81409

(6) "Community mental health services" means any ~~of the~~	81410
mental health services ~~listed in~~certified by the department	81411
pursuant to section ~~340.09~~5119.36 of the Revised Code.	81412

(7) "Operator" means the person or persons, firm,	81413
partnership, agency, governing body, association, corporation, or	81414
other entity that is responsible for the administration and	81415
management of a residential facility and that is the applicant for	81416
a residential facility license.	81417

(8) "Personal care services" means services including, but	81418
not limited to, the following:	81419

(a) Assisting residents with activities of daily living;

81420

(b) Assisting residents with self-administration of	81421
medication in accordance with rules adopted under this section;	81422

(c) Preparing special diets, other than complex therapeutic	81423
diets, for residents pursuant to the instructions of a physician	81424
or a licensed dietitian, in accordance with rules adopted under	81425
this section.	81426

"Personal care services" does not include "skilled nursing	81427
care" as defined in section 3721.01 of the Revised Code. A	81428
facility need not provide more than one of the services listed in	81429
division (A)(8) of this section to be considered to be providing	81430
personal care services.	81431

(9) "Residential facility" means a publicly or privately	81432
operated home or facility that provides one of the following:	81433

(a) Accommodations, supervision, personal care services, and	81434
community mental health services for one or more ~~of the following~~	81435
unrelated ~~persons~~adults with mental illness or severe mental	81436
disabilities or to one or more unrelated children and adolescents	81437
with a serious emotional disturbance or who are in need of mental	81438
health services who are referred by or are receiving community	81439
mental health services from a community mental health ~~agency,~~	81440
services provider, hospital, or practitioner:	81441

~~(i) Adults with mental illness;~~

81442

~~(ii) Persons of any age with severe mental disabilities;~~

81443

~~(iii) Children with serious emotional disturbances or in need~~	81444
~~of mental health services~~.	81445

(b) Accommodations, supervision, and personal care services	81446
~~for only one or two unrelated adults; accommodations, supervision,~~	81447
~~and personal care services for three to sixteen unrelated adults;~~	81448
~~or accommodations, supervision, and personal care services for one~~	81449
~~or two of the following unrelated persons:~~	81450

~~(i) Persons of any age with mental illness who are referred~~	81451
~~by or are receiving community mental health services from a~~	81452
~~community mental health agency, hospital, or practitioner;~~	81453

~~(ii) Persons of any age with severe mental disabilities who~~	81454
~~are referred by or are receiving community mental health services~~	81455
~~from a community mental health agency, hospital, or practitioner~~	81456
to any of the following:	81457

(i) One or two unrelated persons with mental illness or	81458
persons with severe mental disabilities who are referred by or are	81459
receiving mental health services from a community mental health	81460
services provider, hospital, or practitioner;	81461

(ii) One or two unrelated adults who are receiving	81462
residential state supplement payments;	81463

(iii) Three to sixteen unrelated adults.

81464

(c) Room and board for five or more ~~of the following~~	81465
unrelated ~~persons:~~	81466

~~(i) Adults~~adults with mental illness or severe mental	81467
disability who are referred by or are receiving community mental	81468
health services from a community mental health ~~agency,~~services	81469
provider, hospital, or practitioner;	81470

~~(ii) Adults with severe mental disabilities who are referred~~	81471
~~by or are receiving community mental health services from a~~	81472
~~community mental health agency, hospital, or practitioner~~.	81473

(10) "Residential facility" does not include any of the	81474
following:	81475

(a) A hospital subject to licensure under section ~~5119.20~~	81476
5119.33 of the Revised Code;	81477

(b) A residential facility licensed under section 5123.19 of	81478
the Revised Code or otherwise regulated by the department of	81479
developmental disabilities;	81480

(c) An institution or association subject to certification	81481
under section 5103.03 of the Revised Code;	81482

(d) A facility operated by a hospice care program licensed	81483
under section 3712.04 of the Revised Code that is used exclusively	81484
for care of hospice patients;	81485

(e) ~~A facility operated by a pediatric respite care program~~	81486
~~licensed under section 3712.041 of the Revised Code that is used~~	81487
~~exclusively for care of pediatric respite care patients;~~	81488

~~(f)~~ A nursing home, residential care facility, or home for	81489
the aging as defined in section 3721.02 of the Revised Code;	81490

~~(g) An alcohol~~(f) Alcohol or drug addiction ~~program as~~	81491
~~defined in~~services certified pursuant to section ~~3793.01~~5119.36	81492
of the Revised Code;	81493

~~(h)~~(g) A facility licensed to provide methadone treatment	81494
under section ~~3793.11~~5119.39 of the Revised Code;	81495

~~(i)~~(h) Any facility that receives funding for operating costs	81496
from the ~~department of~~ development services agency under any	81497
program established to provide emergency shelter housing or	81498
transitional housing for the homeless;	81499

~~(j)~~(i) A terminal care facility for the homeless that has	81500
entered into an agreement with a hospice care program under	81501
section 3712.07 of the Revised Code;	81502

~~(k)~~(j) A facility approved by the veterans administration	81503
under section 104(a) of the "Veterans Health Care Amendments of	81504
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used	81505
exclusively for the placement and care of veterans.	81506

(11) "Room and board" means the provision of sleeping and	81507
living space, meals or meal preparation, laundry services,	81508
housekeeping services, or any combination thereof.	81509

(12) "Residential state supplement" means the program	81510
administered under section 5119.41 of the Revised Code and related	81511
provisions of the Administrative Code under which the state	81512
supplements the supplemental security income payments received by	81513
aged, blind, or disabled adults under Title XVI of the Social	81514
Security Act. Residential state supplement payments are used for	81515
the provision of accommodations, supervision, and personal care	81516
services to supplemental security income recipients the department	81517
of mental health and addition services determines are at risk of	81518
needing institutional care.	81519

(13) "Supervision" means any of the following:

81520

(a) Observing a resident to ensure the resident's health,	81521
safety, and welfare while the resident engages in activities of	81522
daily living or other activities;	81523

(b) Reminding a resident to perform or complete an activity,	81524
such as reminding a resident to engage in personal hygiene or	81525
other self-care activities;	81526

81527

~~(13)~~(14) "Unrelated" means that a resident is not related to	81528
the owner or operator of a residential facility or to the owner's	81529
or operator's spouse as a parent, grandparent, child, stepchild,	81530
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	81531
the child of an aunt or uncle.	81532

(B) Nothing in division (A)(9) of this section shall be	81533
construed to permit personal care services to be imposed on a	81534
resident who is capable of performing the activity in question	81535
without assistance.	81536

(C) Except in the case of a residential facility described in	81537
division (A)(9)(a) of this section, members of the staff of a	81538
residential facility shall not administer medication to the	81539
facility's residents, but may do any of the following:	81540

(1) Remind a resident when to take medication and watch to	81541
ensure that the resident follows the directions on the container;	81542

(2) Assist a resident in the self-administration of	81543
medication by taking the medication from the locked area where it	81544
is stored, in accordance with rules adopted pursuant to this	81545
section, and handing it to the resident. If the resident is	81546
physically unable to open the container, a staff member may open	81547
the container for the resident.	81548

(3) Assist a physically impaired but mentally alert resident,	81549
such as a resident with arthritis, cerebral palsy, or Parkinson's	81550
disease, in removing oral or topical medication from containers	81551
and in consuming or applying the medication, upon request by or	81552
with the consent of the resident. If a resident is physically	81553
unable to place a dose of medicine to the resident's mouth without	81554
spilling it, a staff member may place the dose in a container and	81555
place the container to the mouth of the resident.	81556

(D)(1) Except as provided in division (D)(2) of this section,	81557
a person operating or seeking to operate a residential facility	81558
shall apply for licensure of the facility to the department of	81559
~~mental health~~mental health and addiction services. The	81560
application shall be submitted by the operator. When applying for	81561
the license, the applicant shall pay to the department the	81562
application fee specified in rules adopted under division ~~(L)~~(K)	81563
of this section. The fee is nonrefundable.	81564

The department shall send a copy of an application to the	81565
ADAMHS board serving the county in which the person operates or	81566
seeks to operate the facility. The ADAMHS board shall review the	81567
application and provide to the department any information about	81568
the applicant or the facility that the board would like the	81569
department to consider in reviewing the application.	81570

(2) A person may not apply for a license to operate a	81571
residential facility if the person is or has been the owner,	81572
operator, or manager of a residential facility for which a license	81573
to operate was revoked or for which renewal of a license was	81574
refused for any reason other than nonpayment of the license	81575
renewal fee, unless both of the following conditions are met:	81576

(a) A period of not less than two years has elapsed since the	81577
date the director of ~~mental health~~mental health and addiction	81578
services issued the order revoking or refusing to renew the	81579
facility's license.	81580

(b) The director's revocation or refusal to renew the license	81581
was not based on an act or omission at the facility that violated	81582
a resident's right to be free from abuse, neglect, or	81583
exploitation.	81584

(E)(1) ~~Any person may operate a residential facility~~	81585
~~providing accommodations and personal care services for one to~~	81586
~~five unrelated persons and licensed as a residential facility that~~	81587
~~meets the criteria specified in division (A)(9)(b) of this section~~	81588
~~as a permitted use in any residential district or zone, including~~	81589
~~any single-family residential district or zone of any political~~	81590
~~subdivision. Such facilities may be required to comply with area,~~	81591
~~height, yard, and architectural compatibility requirements that~~	81592
~~are uniformly imposed upon all single-family residences within the~~	81593
~~district or zone.~~	81594

~~(2) Any person may operate a residential facility providing~~	81595
~~accommodations and personal care services for six to sixteen~~	81596
~~persons and licensed as a residential facility that meets the~~	81597
~~criteria specified in division (A)(9)(b) of this section as a~~	81598
~~permitted use in any multiple-family residential district or zone~~	81599
~~of any political subdivision, except that a political subdivision~~	81600
~~that has enacted a zoning ordinance or resolution establishing~~	81601
~~planned-unit development districts as defined in section 519.021~~	81602
~~of the Revised Code may exclude such facilities from such~~	81603
~~districts, and a political subdivision that has enacted a zoning~~	81604
~~ordinance or resolution may regulate such facilities in~~	81605
~~multiple-family residential districts or zones as a conditionally~~	81606
~~permitted use or special exception, in either case, under~~	81607
~~reasonable and specific standards and conditions set out in the~~	81608
~~zoning ordinance or resolution to:~~	81609

~~(a) Require the architectural design and site layout of the~~	81610
~~home and the location, nature, and height of any walls, screens,~~	81611
~~and fences to be compatible with adjoining land uses and the~~	81612
~~residential character of the neighborhood;~~	81613

~~(b) Require compliance with yard, parking, and sign~~	81614
~~regulation.~~	81615

~~(3) Divisions (E)(1) and (2) of this section do not affect~~	81616
~~any right of a political subdivision to permit a person to operate~~	81617
~~a residential facility licensed under this section in a~~	81618
~~single-family residential district or zone under conditions~~	81619
~~established by the political subdivision.~~	81620

~~(4)(a) Notwithstanding divisions (E)(1) and (2) of this~~	81621
~~section and except as provided in division (E)(4)(b) of this~~	81622
~~section, a political subdivision that has enacted a zoning~~	81623
~~ordinance or resolution may limit the excessive concentration of~~	81624
~~licensed residential facilities that meet the criteria specified~~	81625
~~in division (A)(9)(b) of this section.~~	81626

~~(b) Division (E)(4)(a) of this section does not authorize a~~	81627
~~political subdivision to prevent or limit the continued existence~~	81628
~~and operation of residential facilities existing and operating on~~	81629
~~September 10, 2012, and that meet the criteria specified in~~	81630
~~division (A)(9)(b) of this section. A political subdivision may~~	81631
~~consider the existence of such facilities for the purpose of~~	81632
~~limiting the excessive concentration of such facilities that meet~~	81633
~~the criteria specified in division (A)(9)(b) of this section that~~	81634
~~are not existing and operating on September 10, 2012.~~	81635

~~(F)(1)~~ The department of ~~mental health~~mental health and	81636
addiction services shall inspect and license the operation of	81637
residential facilities. The department shall consider the past	81638
record of the facility and the applicant or licensee in arriving	81639
at its licensure decision.	81640

The department may issue full, probationary, and interim	81641
licenses. A full license shall expire ~~two~~up to three years after	81642
the date of issuance, a probationary license shall expire in a	81643
shorter period of time as specified in rules adopted by the	81644
director of mental health under division ~~(L)~~(K) of this section,	81645
and an interim license shall expire ninety days after the date of	81646
issuance. A license may be renewed in accordance with rules	81647
adopted by the director under division ~~(L)~~(K) of this section. The	81648
renewal application shall be submitted by the operator. When	81649
applying for renewal of a license, the applicant shall pay to the	81650
department the renewal fee specified in rules adopted under	81651
division ~~(L)~~(K) of this section. The fee is nonrefundable.	81652

(2) The department may issue an order suspending the	81653
admission of residents to the facility or refuse to issue or renew	81654
and may revoke a license if it finds the facility is not in	81655
compliance with rules adopted by the director pursuant to division	81656
~~(L)~~(K) of this section or if any facility operated by the	81657
applicant or licensee has been cited for repeated violations of	81658
statutes or rules during the period of previous licenses.	81659
Proceedings initiated to deny applications for full or	81660
probationary licenses or to revoke such licenses are governed by	81661
Chapter 119. of the Revised Code.	81662

~~(G)~~(F) The department may issue an interim license to operate	81663
a residential facility if both of the following conditions are	81664
met:	81665

(1) The department determines that the closing of or the need	81666
to remove residents from another residential facility has created	81667
an emergency situation requiring immediate removal of residents	81668
and an insufficient number of licensed beds are available.	81669

(2) The residential facility applying for an interim license	81670
meets standards established for interim licenses in rules adopted	81671
by the director under division ~~(L)~~(K) of this section.	81672

An interim license shall be valid for ninety days and may be	81673
renewed by the director no more than twice. Proceedings initiated	81674
to deny applications for or to revoke interim licenses under this	81675
division are not subject to Chapter 119. of the Revised Code.	81676

~~(H)~~(G)(1) The department of ~~mental health~~mental health and	81677
addiction services may conduct an inspection of a residential	81678
facility as follows:	81679

(a) Prior to issuance of a license for the facility;

81680

(b) Prior to renewal of the license;

81681

(c) To determine whether the facility has completed a plan of	81682
correction required pursuant to division ~~(H)~~(G)(2) of this section	81683
and corrected deficiencies to the satisfaction of the department	81684
and in compliance with this section and rules adopted pursuant to	81685
it;	81686

(d) Upon complaint by any individual or agency;

81687

(e) At any time the director considers an inspection to be	81688
necessary in order to determine whether the facility is in	81689
compliance with this section and rules adopted pursuant to this	81690
section.	81691

(2) In conducting inspections the department may conduct an	81692
on-site examination and evaluation of the residential facility and	81693
its personnel, activities, and services. The department shall have	81694
access to examine and copy all records, accounts, and any other	81695
documents relating to the operation of the residential facility,	81696
including records pertaining to residents, and shall have access	81697
to the facility in order to conduct interviews with the operator,	81698
staff, and residents. Following each inspection and review, the	81699
department shall complete a report listing any deficiencies, and	81700
including, when appropriate, a time table within which the	81701
operator shall correct the deficiencies. The department may	81702
require the operator to submit a plan of correction describing how	81703
the deficiencies will be corrected.	81704

~~(I)~~(H) No person shall do any of the following:

81705

(1) Operate a residential facility unless the facility holds	81706
a valid license;	81707

(2) Violate any of the conditions of licensure after having	81708
been granted a license;	81709

(3) Interfere with a state or local official's inspection or	81710
investigation of a residential facility;	81711

(4) Violate any of the provisions of this section or any	81712
rules adopted pursuant to this section.	81713

~~(J)~~(I) The following may enter a residential facility at any	81714
time:	81715

(1) Employees designated by the director of ~~mental health~~	81716
mental health and addiction services;	81717

(2) Employees of an ADAMHS board under either of the	81718
following circumstances:	81719

(a) When a resident of the facility is receiving services	81720
from a community mental health ~~agency~~services provider under	81721
contract with that ADAMHS board or another ADAMHS board;	81722

(b) When authorized by section 340.05 of the Revised Code.

81723

(3) Employees of a community mental health ~~agency~~services	81724
provider under either of the following circumstances:	81725

(a) When the ~~agency~~services provider has a ~~client~~person	81726
receiving services residing in the facility;	81727

(b) When the ~~agency~~services provider is acting as an agent	81728
of an ADAMHS board other than the board with which it is under	81729
contract.	81730

(4) Representatives of the state long-term care ~~ombudsperson~~	81731
ombudsman program when the facility provides accommodations,	81732
supervision, and personal care services for three to sixteen	81733
unrelated adults or to one or two unrelated adults who are	81734
recipients under the residential state supplement program.	81735

The persons specified in division ~~(J)~~(I) of this section	81736
shall be afforded access to examine and copy all records,	81737
accounts, and any other documents relating to the operation of the	81738
residential facility, including records pertaining to residents.	81739

~~(K)~~(J) Employees of the department of ~~mental health~~mental	81740
health and addiction services may enter, for the purpose of	81741
investigation, any institution, residence, facility, or other	81742
structure which has been reported to the department as, or that	81743
the department has reasonable cause to believe is, operating as a	81744
residential facility without a valid license.	81745

~~(L)~~(K) The director shall adopt and may amend and rescind	81746
rules pursuant to Chapter 119. of the Revised Code governing the	81747
licensing and operation of residential facilities. The rules shall	81748
establish all of the following:	81749

(1) Minimum standards for the health, safety, adequacy, and	81750
cultural competency of treatment of and services for persons in	81751
residential facilities;	81752

(2) Procedures for the issuance, renewal, or revocation of	81753
the licenses of residential facilities;	81754

(3) Procedures for conducting criminal records checks for	81755
prospective or current operators, ~~staff~~employees, and ~~other~~	81756
~~individuals~~volunteers who~~, if employed by a residential~~	81757
~~facility, would~~may have ~~unsupervised~~direct access to facility	81758
residents;	81759

(4) The fee to be paid when applying for a new residential	81760
facility license or renewing the license;	81761

(5) Procedures for the operator of a residential facility to	81762
follow when notifying the ADAMHS board serving the county in which	81763
the facility is located when the facility is serving residents	81764
with mental illness or severe mental disability, including the	81765
circumstances under which the operator is required to make such a	81766
notification;	81767

(6) Procedures for the issuance and termination of orders of	81768
suspension of admission of residents to a residential facility;	81769

(7) Measures to be taken by residential facilities relative	81770
to residents' medication;	81771

(8) Requirements relating to preparation of special diets;

81772

(9) The maximum number of residents who may be served in a	81773
residential facility;	81774

(10) The rights of residents of residential facilities and	81775
procedures to protect such rights;	81776

(11) Procedures for obtaining an affiliation agreement	81777
approved by the board between a residential facility and a	81778
community mental health ~~agency~~services provider;	81779

(12) Standards and procedures under which the director may	81780
waive the requirements of any of the rules adopted.	81781

~~(M)~~(L)(1) The department may withhold the source of any	81782
complaint reported as a violation of this section when the	81783
department determines that disclosure could be detrimental to the	81784
department's purposes or could jeopardize the investigation. The	81785
department may disclose the source of any complaint if the	81786
complainant agrees in writing to such disclosure and shall	81787
disclose the source upon order by a court of competent	81788
jurisdiction.	81789

(2) Any person who makes a complaint under division ~~(M)~~(L)(1)	81790
of this section, or any person who participates in an	81791
administrative or judicial proceeding resulting from such a	81792
complaint, is immune from civil liability and is not subject to	81793
criminal prosecution, other than for perjury, unless the person	81794
has acted in bad faith or with malicious purpose.	81795

~~(N)~~(M)(1) The director of ~~mental health~~mental health and	81796
addiction services may petition the court of common pleas of the	81797
county in which a residential facility is located for an order	81798
enjoining any person from operating a residential facility without	81799
a license or from operating a licensed facility when, in the	81800
director's judgment, there is a present danger to the health or	81801
safety of any of the occupants of the facility. The court shall	81802
have jurisdiction to grant such injunctive relief upon a showing	81803
that the respondent named in the petition is operating a facility	81804
without a license or there is a present danger to the health or	81805
safety of any residents of the facility.	81806

(2) When the court grants injunctive relief in the case of a	81807
facility operating without a license, the court shall issue, at a	81808
minimum, an order enjoining the facility from admitting new	81809
residents to the facility and an order requiring the facility to	81810
assist with the safe and orderly relocation of the facility's	81811
residents.	81812

(3) If injunctive relief is granted against a facility for	81813
operating without a license and the facility continues to operate	81814
without a license, the director shall refer the case to the	81815
attorney general for further action.	81816

~~(O)~~(N) The director may fine a person for violating division	81817
~~(I)~~(H) of this section. The fine shall be five hundred dollars for	81818
a first offense; for each subsequent offense, the fine shall be	81819
one thousand dollars. The director's actions in imposing a fine	81820
shall be taken in accordance with Chapter 119. of the Revised	81821
Code.	81822

Sec. 5119.341. (A) Any person may operate a residential	81823
facility providing accommodations and personal care services for	81824
one to five unrelated persons and licensed as a residential	81825
facility that meets the criteria specified in division (A)(9)(b)	81826
of section 5119.34 of the Revised Code as a permitted use in any	81827
residential district or zone, including any single-family	81828
residential district or zone of any political subdivision. Such	81829
facilities may be required to comply with area, height, yard, and	81830
architectural compatibility requirements that are uniformly	81831
imposed upon all single-family residences within the district or	81832
zone.	81833

(B) Any person may operate a residential facility providing	81834
accommodations and personal care services for six to sixteen	81835
persons and licensed as a residential facility that meets the	81836
criteria specified in division (A)(9)(b) of section 5119.34 of the	81837
Revised Code as a permitted use in any multiple-family residential	81838
district or zone of any political subdivision, except that a	81839
political subdivision that has enacted a zoning ordinance or	81840
resolution establishing planned-unit developments as defined in	81841
section 519.021 of the Revised Code may exclude such facilities	81842
from such districts, and a political subdivision that has enacted	81843
a zoning ordinance or resolution may regulate such facilities in	81844
multiple-family residential districts or zones as a conditionally	81845
permitted use or special exception, in either case, under	81846
reasonable and specific standards and conditions set out in the	81847
zoning ordinance or resolution to:	81848

(1) Require the architectural design and site layout of the	81849
home and the location, nature, and height of any walls, screens,	81850
and fences to be compatible with adjoining land uses and the	81851
residential character of the neighborhood;	81852

(2) Require compliance with yard, parking, and sign	81853
regulation.	81854

(C) Divisions (A) and (B) of this section do not affect any	81855
right of a political subdivision to permit a person to operate a	81856
residential facility licensed under section 5119.34 of the Revised	81857
Code in a single-family residential district or zone under	81858
conditions established by the political subdivision.	81859

(D)(1) Notwithstanding divisions (A) and (B) of this section	81860
and except as provided in division (D)(2) of this section, a	81861
political subdivision that has enacted a zoning ordinance or	81862
resolution may limit the excessive concentration of licensed	81863
residential facilities that meet the criteria specified in	81864
division (A)(9)(b) of section 5119.34 of the Revised Code.	81865

(2) Division (D)(1) of this section does not authorize a	81866
political subdivision to prevent or limit the continued existence	81867
and operation of residential facilities existing and operating on	81868
September 10, 2012, and that meet the criteria specified in	81869
division (A)(9)(b) of section 5119.34 of the Revised Code. A	81870
political subdivision may consider the existence of such	81871
facilities for the purpose of limiting the excessive concentration	81872
of such facilities that meet the criteria specified in division	81873
(A)(9)(b) of section 5119.34 of the Revised Code that are not	81874
existing and operating on September 10, 2012.	81875

~~Sec. 5119.221.~~ Sec. 5119.342. (A) Upon petition by the director of	81876
~~mental health~~mental health and addiction services, the court of	81877
common pleas or the probate court may appoint a receiver to take	81878
possession of and operate a residential facility licensed pursuant	81879
to section ~~5119.22~~5119.34 of the Revised Code, when conditions	81880
existing at the residential facility present a substantial risk of	81881
physical or mental harm to residents and no other remedies at law	81882
are adequate to protect the health, safety, and welfare of the	81883
residents.	81884

Petitions filed pursuant to this section shall include:

81885

(1) A description of the specific conditions existing at the	81886
residential facility which present a substantial risk of physical	81887
or mental harm to residents;	81888

(2) A statement of the absence of other adequate remedies at	81889
law;	81890

(3) The number of individuals residing at the facility;

81891

(4) A statement that the facts have been brought to the	81892
attention of the owner or licensee and that conditions have not	81893
been remedied within a reasonable period of time or that the	81894
conditions, though remedied periodically, habitually exist at the	81895
residential facility as a pattern or practice; and	81896

(5) The name and address of the person holding the license	81897
for the residential facility.	81898

(B) A court in which a petition is filed pursuant to this	81899
section shall notify the person holding the license for the	81900
facility of the filing. The department shall send notice of the	81901
filing to the following, as appropriate: the Ohio protection and	81902
advocacy system as defined in section 5123.60 of the Revised Code;	81903
facility owner; facility operator; board of alcohol, drug	81904
addiction, and mental health services; board of health; department	81905
of developmental disabilities; department of job and family	81906
services; facility residents; and residents' families and	81907
guardians. The court shall provide a hearing on the petition	81908
within five court days of the time it was filed, except that the	81909
court may appoint a receiver prior to that time if it determines	81910
that the circumstances necessitate such action.	81911

Following a hearing on the petition, and upon a determination	81912
that the appointment of a receiver is warranted, the court shall	81913
appoint a receiver and notify the department of ~~mental health~~	81914
mental health and addiction services and appropriate persons of	81915
this action.	81916

In setting forth the powers of the receiver, the court may	81917
generally authorize the receiver to do all that is prudent and	81918
necessary to safely and efficiently operate the residential	81919
facility within the requirements of state and federal law, but	81920
shall require the receiver to obtain court approval prior to	81921
making any single expenditure of more than five thousand dollars	81922
to correct deficiencies in the structure or furnishings of a	81923
facility. The court shall closely review the conduct of the	81924
receiver and shall require regular and detailed reports.	81925

(C) A receivership established pursuant to this section shall	81926
be terminated, following notification of the appropriate parties	81927
and a hearing, if the court determines either of the following:	81928

(1) The residential facility has been closed and the former	81929
residents have been relocated to an appropriate facility;	81930

(2) Circumstances no longer exist at the residential facility	81931
which present a substantial risk of physical or mental harm to	81932
residents, and there is no deficiency in the residential facility	81933
that is likely to create a future risk of harm.	81934

Notwithstanding division (C)(2) of this section, the court	81935
shall not terminate a receivership for a residential facility that	81936
has previously operated under another receivership unless the	81937
responsibility for the operation of the facility is transferred to	81938
an operator approved by the court and the department of ~~mental~~	81939
~~health~~mental health and addiction services.	81940

(D) Except for the department of ~~mental health~~mental health	81941
and addiction services or appropriate board of alcohol, drug	81942
addiction, and mental health services, no party or person	81943
interested in an action shall be appointed a receiver pursuant to	81944
this section.	81945

To assist the court in identifying persons qualified to be	81946
named as receivers, the director of ~~the department of mental~~	81947
~~health~~mental health and addiction services shall maintain a list	81948
of the names of such persons. The department of ~~mental health~~	81949
mental health and addiction services, the department of job and	81950
family services, and the department of health shall provide	81951
technical assistance to any receiver appointed pursuant to this	81952
section.	81953

Before entering upon the duties of receiver, the receiver	81954
must be sworn to perform the duties faithfully, and, with surety	81955
approved by the court, judge, or clerk, execute a bond to such	81956
person, and in such sum as the court or judge directs, to the	81957
effect that such receiver will faithfully discharge the duties of	81958
receiver in the action, and obey the orders of the court therein.	81959

(1) Under the control of the appointing court, a receiver may	81960
do the following:	81961

(a) Bring and defend actions in the appointee's name as	81962
receiver;	81963

(b) Take and keep possession of property.

81964

(2) The court shall authorize the receiver to do the	81965
following:	81966

(a) Collect payment for all goods and services provided to	81967
the residents or others during the period of the receivership at	81968
the same rate as was charged by the licensee at the time the	81969
petition for receivership was filed, unless a different rate is	81970
set by the court;	81971

(b) Honor all leases, mortgages, and secured transactions	81972
governing all buildings, goods, and fixtures of which the receiver	81973
has taken possession, but, in the case of a rental agreement only	81974
to the extent of payments that are for the use of the property	81975
during the period of the receivership, or, in the case of a	81976
purchase agreement, only to the extent that payments come due	81977
during the period of the receivership;	81978

(c) If transfer of residents is necessary, provide for the	81979
orderly transfer of residents by:	81980

(i) Cooperating with all appropriate state and local agencies	81981
in carrying out the transfer of residents to alternative community	81982
placements;	81983

(ii) Providing for the transportation of residents'	81984
belongings and records;	81985

(iii) Helping to locate alternative placements and develop	81986
plans for transfer;	81987

(iv) Encouraging residents or guardians to participate in	81988
transfer planning except when an emergency exists and immediate	81989
transfer is necessary.	81990

(d) Make periodic reports on the status of the residential	81991
facility to the court; the appropriate state agencies; and the	81992
board of alcohol, drug addiction, and mental health services. Each	81993
report shall be made available to residents, their guardians, and	81994
families.	81995

(e) Compromise demands or claims; and

81996

(f) Generally do such acts respecting the residential	81997
facility as the court authorizes.	81998

Notwithstanding any other provision of law, contracts which	81999
are necessary to carry out the powers and duties of the receiver	82000
need not be competitively bid.	82001

~~Sec. 5119.611.~~ Sec. 5119.36. (A) A community mental health ~~agency~~	82002
services provider applicant or community addiction services	82003
provider applicant that seeks certification of its community	82004
mental health services or community addiction services shall	82005
submit an application to the director of ~~mental health~~mental	82006
health and addiction services. On receipt of the application, the	82007
director may ~~visit~~conduct an on-site review and shall evaluate	82008
the ~~agency~~provider to determine whether its services satisfy the	82009
standards established by rules adopted under division ~~(C)~~(E) of	82010
this section. The director shall make the evaluation, and, if the	82011
director ~~visits~~conducts an on-site review of the ~~agency~~	82012
provider, ~~shall~~may make the ~~visit~~review, in cooperation with	82013
the board of alcohol, drug addiction, and mental health services	82014
with which the ~~agency~~provider seeks to contract under division	82015
(A)(8)(a) of section 340.03 of the Revised Code.	82016

(B) Subject to section ~~5119.612~~5119.37 of the Revised Code,	82017
the director shall determine whether the services of an	82018
~~applicant's community mental health agency~~applicant satisfy the	82019
standards for certification of the services. If the director	82020
determines that a community mental health ~~agency's~~ services	82021
provider's or a community addiction services provider's services	82022
satisfy the standards for certification and the ~~agency~~provider	82023
has paid the fee required under division (D) of this section, the	82024
director shall certify the services. No community mental health	82025
services provider or community addiction services provider shall	82026
be eligible to receive state or federal funds, or funds	82027
administered by an alcohol, drug addiction, and mental health	82028
services board unless its services have been certified by the	82029
department.	82030

(C) If the director determines that a community mental health	82031
~~agency's~~ services provider's or a community addiction services	82032
provider's services do not satisfy the standards for	82033
certification, the director shall identify the areas of	82034
noncompliance, specify what action is necessary to satisfy the	82035
standards, and may offer technical assistance to the provider and	82036
to the board of alcohol, drug addiction, and mental health	82037
services so that the board may assist the ~~agency~~provider in	82038
satisfying the standards. The director shall give the ~~agency~~	82039
provider a reasonable time within which to demonstrate that its	82040
services satisfy the standards or to bring the services into	82041
compliance with the standards. If the director concludes that the	82042
services continue to fail to satisfy the standards, the director	82043
may request that the board reallocate ~~the~~any funds for the	82044
~~community~~ mental health or addiction services the ~~agency~~provider	82045
was to provide to another community mental health ~~agency~~or	82046
addiction services provider whose community mental health or	82047
community addiction services satisfy the standards. If the board	82048
does not reallocate ~~those~~such funds in a reasonable period of	82049
time, the director may withhold state and federal funds for the	82050
~~community mental health~~ services and allocate those funds directly	82051
to a community mental health ~~agency~~or community addiction	82052
services provider whose ~~community mental health~~ services satisfy	82053
the standards.	82054

(D) Each community mental health ~~agency~~services provider or	82055
community addiction services provider seeking certification of its	82056
~~community~~ mental health or addiction services under this section	82057
shall pay a fee for the certification required by this section,	82058
unless the provider is exempt under rules adopted under division	82059
(E) of this section. Fees shall be paid into the state treasury to	82060
the credit of the sale of goods and services fund created pursuant	82061
to section ~~5119.161~~5119.45 of the Revised Code.	82062

(E) The director shall adopt rules in accordance with Chapter	82063
119. of the Revised Code to implement this section. The rules	82064
shall do all of the following:	82065

(1) Establish certification standards for ~~community~~ mental	82066
health services~~, including assertive community treatment and~~	82067
~~intensive home-based mental health services,~~and addiction	82068
services that are consistent with nationally recognized applicable	82069
standards and facilitate participation in federal assistance	82070
programs. The rules shall include as certification standards only	82071
requirements that improve the quality of services or the health	82072
and safety of ~~clients of~~persons receiving community mental health	82073
and addiction services. The standards shall address at a minimum	82074
all of the following:	82075

(a) Reporting major unusual incidents to the director;

82076

(b) Procedures for applicants for and ~~clients of~~persons	82077
receiving community mental health and addiction services to file	82078
grievances and complaints;	82079

82080

(d) Restraint;

82081

(e) Development of written policies addressing the rights of	82082
~~clients~~persons receiving services, including all of the	82083
following:	82084

(i) The right to a copy of the written policies addressing	82085
~~client~~the rights of persons receiving services;	82086

(ii) The right at all times to be treated with consideration	82087
and respect for the ~~client's~~person's privacy and dignity;	82088

(iii) The right to have access to the ~~client's~~person's own	82089
psychiatric, medical, or other treatment records unless access is	82090
specifically restricted in the ~~client's~~person's treatment plan	82091
for clear treatment reasons;	82092

(iv) The right to have a client rights officer provided by	82093
the ~~agency~~services provider or board of alcohol, drug addiction,	82094
and mental health services advise the ~~client~~person of the	82095
~~client's~~person's rights, including the ~~client's~~person's rights	82096
under Chapter 5122. of the Revised Code if the ~~client~~person is	82097
committed to the ~~agency~~provider or board.	82098

(2) ~~Establish standards for qualifications of mental health~~	82099
~~professionals as defined in section 340.02 of the Revised Code and~~	82100
~~personnel who provide the community mental health services;~~	82101

~~(3)~~ Establish the process for certification of community	82102
mental health and addiction services;	82103

~~(4)~~(3) Set the amount of certification review fees ~~based on a~~	82104
~~portion of the cost of performing the review~~;	82105

~~(5)~~(4) Specify the type of notice and hearing to be provided	82106
prior to a decision on whether to reallocate funds.	82107

~~Sec. 5119.613.~~ Sec. 5119.361. The director of ~~mental health~~mental	82108
health and addiction services shall require that each board of	82109
alcohol, drug addiction, and mental health services ensure that	82110
each community mental health ~~agency~~services provider and	82111
community addiction services provider with which it contracts	82112
under division (A)(8)(a) of section 340.03 of the Revised Code to	82113
provide community mental health or addiction services establish	82114
grievance procedures consistent with rules adopted under section	82115
~~5119.611~~5119.36 of the Revised Code that are available to all	82116
~~applicants for and clients of the~~persons seeking or receiving	82117
services from a community mental health or addiction services	82118
provider.	82119

~~Sec. 5119.612.~~ Sec. 5119.37. (A) In lieu of a determination by the	82120
director of ~~mental health~~mental health and addiction services of	82121
whether the services of a community mental health ~~agency~~services	82122
provider or a community addiction services provider satisfy the	82123
standards for certification under section ~~5119.611~~5119.36 of the	82124
Revised Code, the director shall accept appropriate accreditation	82125
of an applicant's mental health services, alcohol and drug	82126
addiction services, integrated mental health and alcohol and other	82127
drug addiction services, or integrated mental health and physical	82128
health services, or integrated alcohol and other drug addiction	82129
and physical health services being provided in this state from any	82130
of the following national accrediting organizations as evidence	82131
that the applicant satisfies the standards for certification:	82132

(1) The joint commission;

82133

(2) The commission on accreditation of rehabilitation	82134
facilities;	82135

(3) The council on accreditation.

82136

(B) If the director determines that an applicant's	82137
accreditation is current, is appropriate for the services for	82138
which the applicant is seeking certification, and the applicant	82139
meets any other requirements established under this section or in	82140
rules adopted under this section, the director shall certify the	82141
applicant's services that are accredited. Except as provided in	82142
division (C)(2) of this section, the director shall issue the	82143
certification without further evaluation of the services.	82144

82145

(1) The director may review the accrediting organizations	82146
listed in division (A) of this section to evaluate whether the	82147
accreditation standards and processes used by the organizations	82148
are consistent with service delivery models the director considers	82149
appropriate for mental health services, alcohol or other drug	82150
addiction services, physical health services, or both. The	82151
director may communicate to an accrediting organization any	82152
identified concerns, trends, needs, and recommendations.	82153

(2) The director may ~~visit~~conduct an on-site review or	82154
otherwise evaluate a community mental health ~~agency~~services	82155
provider or a community addiction services provider at any time	82156
based on cause, including complaints made by or on behalf of	82157
~~consumers~~persons receiving services and confirmed or alleged	82158
deficiencies brought to the attention of the director.	82159

(3) The director shall require a community mental health	82160
~~agency~~services provider and a community addiction services	82161
provider to notify the director not later than ten days after any	82162
change in the ~~agency's~~provider's accreditation status. The ~~agency~~	82163
provider may notify the director by providing a copy of the	82164
relevant document the ~~agency~~provider received from the	82165
accrediting organization.	82166

(4) The director shall require a community mental health	82167
~~agency~~services provider and a community addiction services	82168
provider to submit to the director reports of major unusual	82169
incidents.	82170

(5) The director may require a community mental health ~~agency~~	82171
services provider or a community addiction services provider to	82172
submit to the director cost reports pertaining to the ~~agency~~	82173
provider.	82174

(D) The director shall adopt rules in accordance with Chapter	82175
119. of the Revised Code to implement this section. In adopting	82176
the rules, the director shall do all of the following:	82177

(1) Specify the documentation that must be submitted as	82178
evidence of holding appropriate accreditation;	82179

(2) Establish a process by which the director may review the	82180
accreditation standards and processes used by the national	82181
accrediting organizations listed in division (A) of this section;	82182

(3) Specify the circumstances under which reports of major	82183
unusual incidents and ~~agency~~provider cost reports must be	82184
submitted to the director;	82185

(4) Specify the circumstances under which the director may	82186
~~visit~~conduct an on-site review or otherwise evaluate a community	82187
mental health ~~agency~~services provider and a community addiction	82188
services provider for cause;	82189

(5) Establish a process by which the director, based on	82190
deficiencies identified as a result of ~~visiting~~conducting an	82191
on-site review or evaluating a community mental health ~~agency~~	82192
services provider or a community addiction services provider under	82193
division (C)(2) of this section, may take any of a range of	82194
corrective actions, with the most stringent being revocation of	82195
the certification of the ~~agency's~~provider's services.	82196

~~Sec. 3793.10.~~ Sec. 5119.38. A drivers' intervention program may be	82197
used as an alternative to a term of imprisonment for an offender	82198
sentenced pursuant to division (G)(1)(a) of section 4511.19 of the	82199
Revised Code, if it is certified by the director of ~~alcohol and~~	82200
~~drug addiction services~~mental health and addiction services	82201
pursuant to this section. No drivers' intervention program shall	82202
be used as an alternative to a term of imprisonment that is	82203
imposed pursuant to division (G)(1)(b), (c), (d), or (e) of	82204
section 4511.19 of the Revised Code.	82205

To qualify for certification by the director and to receive	82206
funds from the statewide treatment and prevention fund created by	82207
section 4301.30 of the Revised Code in any amounts and at any	82208
times that the director determines are appropriate, a drivers'	82209
intervention program shall meet state minimum standards that the	82210
director shall establish by rule. The rules shall include, but are	82211
not limited to, standards governing program course hours and	82212
content, qualifications of program personnel, methods of	82213
identifying and testing participants to isolate participants with	82214
alcohol and drug abuse problems, referral of such persons to	82215
~~alcohol and drug~~community addiction ~~programs~~services providers,	82216
the prompt notification of courts by program operators of the	82217
completion of the programs by persons required by courts to attend	82218
them, and record keeping, including methods of tracking	82219
participants for a reasonable time after they have left the	82220
program.	82221

The director shall issue a certificate to any qualified	82222
drivers' intervention program. The certificate is valid for three	82223
years.	82224

~~Sec. 3793.11.~~ Sec. 5119.39. (A) No ~~alcohol and drug~~community	82225
addiction ~~program~~services provider shall employ methadone	82226
treatment or prescribe, dispense, or administer methadone unless	82227
the program is licensed under this section. No ~~alcohol and drug~~	82228
community addiction ~~program~~services provider licensed under this	82229
section shall maintain methadone treatment in a manner	82230
inconsistent with this section and the rules adopted under it.	82231

(B) ~~An alcohol and drug~~A community addiction ~~program~~	82232
services provider may apply to the department of ~~alcohol and drug~~	82233
~~addiction services~~mental health and addiction services for a	82234
license to maintain methadone treatment. The department shall	82235
review all applications received.	82236

(C) The department may issue a license to maintain methadone	82237
treatment to ~~an alcohol and drug~~community addiction ~~program~~	82238
services provider only if all of the following apply:	82239

(1) The ~~program~~provider is operated by a private, nonprofit	82240
organization or by a government entity;	82241

(2) For at least two years immediately preceding the date of	82242
application, the ~~program~~provider has been fully certified under	82243
section ~~3793.06~~5119.36 of the Revised Code;	82244

(3) The ~~program~~provider has not been denied a license to	82245
maintain methadone treatment or had its license withdrawn or	82246
revoked within the five-year period immediately preceding the date	82247
of application;	82248

(4) It affirmatively appears to the department that the	82249
~~program~~provider is adequately staffed and equipped to maintain	82250
methadone treatment;	82251

(5) It affirmatively appears to the department that the	82252
~~program~~provider will maintain methadone treatment in strict	82253
compliance with section 3719.61 of the Revised Code, all other	82254
laws relating to drug abuse, and the rules adopted by the	82255
department;	82256

(6) Except as provided in division (D) of this section, there	82257
is no public or private school, licensed child day-care center, or	82258
other child-serving agency within a radius of five hundred feet of	82259
the location where the program is to maintain methadone treatment.	82260

(D) The department may waive the requirement of division	82261
(C)(6) of this section if it receives, from each public or private	82262
school, licensed child day-care center, or other child-serving	82263
agency that is within the applicable radius of the location where	82264
the program is to maintain methadone treatment, a letter of	82265
support for the location. The department shall determine whether a	82266
letter of support is satisfactory for purposes of waiving the	82267
requirement.	82268

(E) A license to maintain methadone treatment shall expire	82269
one year from the date of issuance. Licenses may be renewed.	82270

(F) The department shall establish procedures and adopt rules	82271
for licensing, inspection, and supervision of ~~alcohol and drug~~	82272
community addiction ~~programs~~services providers that maintain	82273
methadone treatment. The rules shall establish standards for the	82274
control, storage, furnishing, use, and dispensing of methadone,	82275
prescribe minimum standards for the operation of the methadone	82276
treatment component of the ~~program,~~provider's operations and	82277
comply with federal laws and regulations.	82278

All rules adopted under this division shall be adopted in	82279
accordance with Chapter 119. of the Revised Code. All actions	82280
taken by the department regarding the licensing of ~~programs~~	82281
providers to maintain methadone treatment shall be conducted in	82282
accordance with Chapter 119. of the Revised Code, except as	82283
provided in division (L) of this section.	82284

(G) The department of ~~alcohol and drug addiction services~~	82285
mental health and addiction services shall inspect all ~~alcohol and~~	82286
~~drug~~community addiction ~~programs~~services providers licensed to	82287
maintain methadone treatment. Inspections shall be conducted at	82288
least annually and may be conducted more frequently. No person or	82289
government entity shall interfere with a state or local government	82290
official acting on behalf of the department while conducting an	82291
inspection.	82292

(H) An ~~alcohol and drug~~community addiction ~~program~~services	82293
provider shall not administer or dispense methadone in a tablet,	82294
powder, or intravenous form. Methadone shall be administered or	82295
dispensed only in a liquid form intended for ingestion. A ~~program~~	82296
services provider shall not administer or dispense methadone to an	82297
individual for pain or other medical reasons.	82298

(I) As used in this division, "program sponsor" means a	82299
person who assumes responsibility for the operation and employees	82300
of the methadone treatment component of ~~an alcohol and drug~~a	82301
community addiction ~~program~~services provider.	82302

~~An alcohol and drug~~A community addiction ~~program~~services	82303
provider shall not employ an individual who receives methadone	82304
treatment from that ~~program~~services provider. A program shall not	82305
permit an individual to act as a ~~program~~provider sponsor,	82306
medical director, or director of the ~~program~~provider if the	82307
individual is receiving methadone treatment from any ~~alcohol and~~	82308
~~drug~~community addiction ~~program~~services provider.	82309

(J) The department may issue orders to assure compliance with	82310
section 3719.61 of the Revised Code, all other laws relating to	82311
drug abuse, and the rules adopted under this section. Subject to	82312
section ~~3793.13~~5119.27 of the Revised Code, the department may	82313
hold hearings, require the production of relevant matter, compel	82314
testimony, issue subpoenas, and make adjudications. Upon failure	82315
of a person without lawful excuse to obey a subpoena or to produce	82316
relevant matter, the department may apply to a court of common	82317
pleas for an order compelling compliance.	82318

(K) The department may refuse to issue, or may withdraw or	82319
revoke, a license to maintain methadone treatment. A license may	82320
be refused if ~~an alcohol and drug~~a community addiction ~~program~~	82321
services provider does not meet the requirements of division (C)	82322
of this section. A license may be withdrawn at any time the	82323
department determines that the program no longer meets the	82324
requirements for receiving the license. A license may be revoked	82325
in accordance with division (L) of this section.	82326

In the case of a license issued prior to ~~the effective date~~	82327
~~of this amendment~~December 20, 2012, the department shall not	82328
consider the requirement of division (C)(6) of this section in	82329
determining whether to renew, withdraw, or revoke the license.	82330

(L) If the department of ~~alcohol and drug addiction services~~	82331
mental health and addiction services finds reasonable cause to	82332
believe that ~~an alcohol and drug~~a community addiction ~~program~~	82333
services provider licensed under this section is in violation of	82334
any provision of section 3719.61 of the Revised Code, or of any	82335
other state or federal law or rule relating to drug abuse, the	82336
department may issue an order immediately revoking the license,	82337
subject to division (M) of this section. The department shall set	82338
a date not more than fifteen days later than the date of the order	82339
of revocation for a hearing on the continuation or cancellation of	82340
the revocation. For good cause, the department may continue the	82341
hearing on application of any interested party. In conducting	82342
hearings, the department has all the authority and power set forth	82343
in division (J) of this section. Following the hearing, the	82344
department shall either confirm or cancel the revocation. The	82345
hearing shall be conducted in accordance with Chapter 119. of the	82346
Revised Code, except that the ~~program~~provider shall not be	82347
permitted to maintain methadone treatment pending the hearing or	82348
pending any appeal from an adjudication made as a result of the	82349
hearing. Notwithstanding any provision of Chapter 119. of the	82350
Revised Code to the contrary, a court shall not stay or suspend	82351
any order of revocation issued by the director under this division	82352
pending judicial appeal.	82353

(M) The department shall not revoke a license to maintain	82354
methadone treatment unless all ~~clients~~services recipients	82355
receiving methadone treatment from the ~~alcohol and drug~~community	82356
addiction ~~program~~services provider are provided adequate	82357
substitute treatment. For purposes of this division, the	82358
department may transfer the ~~clients~~services recipients to other	82359
programs licensed to maintain methadone treatment or replace any	82360
or all of the administrators and staff of the ~~program~~provider	82361
with representatives of the department who shall continue on a	82362
provisional basis the methadone treatment component of the	82363
program.	82364

(N) Each time the department receives an application from an	82365
~~alcohol and drug~~a community addiction ~~program~~services provider	82366
for a license to maintain methadone treatment, issues or refuses	82367
to issue a license, or withdraws or revokes a license, the	82368
department shall notify the board of alcohol, drug addiction, and	82369
mental health services of each alcohol, drug addiction, and mental	82370
health service district in which the ~~program is operated~~provider	82371
operates.	82372

(O) Whenever it appears to the department from files, upon	82373
complaint, or otherwise, that ~~an alcohol and drug~~a community	82374
addiction ~~program~~services provider has engaged in any practice	82375
declared to be illegal or prohibited by section 3719.61 of the	82376
Revised Code, or any other state or federal laws or regulations	82377
relating to drug abuse, or when the department believes it to be	82378
in the best interest of the public and necessary for the	82379
protection of the citizens of the state, the department may	82380
request criminal proceedings by laying before the prosecuting	82381
attorney of the proper county any evidence of criminality which	82382
may come to its knowledge.	82383

(P) The department shall maintain a current list of ~~alcohol~~	82384
~~and drug~~community addiction ~~programs~~services providers licensed	82385
by the department under this section and shall provide a copy of	82386
the current list to a judge of a court of common pleas who	82387
requests a copy for the use of the judge under division (H) of	82388
section 2925.03 of the Revised Code. The list of licensed ~~alcohol~~	82389
~~and drug~~community addiction ~~programs~~services providers shall	82390
identify each licensed ~~program~~provider by its name, its address,	82391
and the county in which it is located.	82392

~~Sec. 5119.061.~~ Sec. 5119.40. (A) As used in this section,	82393
"mentally ill individual" and "specialized services" have the same	82394
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	82395

(B)(1) Except as provided in division (B)(2) of this section	82396
and rules adopted under division (E)(3) of this section, for	82397
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	82398
department of ~~mental health~~mental health and addiction services	82399
shall determine in accordance with ~~section 1919(e)(7) of~~ the	82400
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1919(e)(7), 42	82401
U.S.C.~~A. 301~~1396r(e)(7), ~~as amended,~~ and regulations adopted	82402
under section 1919(f)(8)(A) of that act, 42 U.S.C. 1396r(f)(8)(A),	82403
whether, because of the individual's physical and mental	82404
condition, a mentally ill individual seeking admission to a	82405
nursing facility requires the level of services provided by a	82406
nursing facility and, if the individual requires that level of	82407
services, whether the individual requires specialized services for	82408
mental illness. The determination required by this division shall	82409
be based on an independent physical and mental evaluation	82410
performed by a person or entity other than the department.	82411

(2) AExcept as provided in division (B)(3) of this section,	82412
a determination under ~~this~~ division (B)(1) of this section is not	82413
required for any of the following:	82414

(a) An individual seeking readmission to a nursing facility	82415
after having been transferred from a nursing facility to a	82416
hospital for care;	82417

(b) An individual who meets all of the following conditions:

82418

(i) The individual is admitted to the nursing facility	82419
directly from a hospital after receiving inpatient care at the	82420
hospital;	82421

(ii) The individual requires nursing facility services for	82422
the condition for which care in the hospital was received;	82423

(iii) The individual's attending physician has certified,	82424
before admission to the nursing facility, that the individual is	82425
likely to require less than thirty days of nursing facility	82426
services.	82427

(c) An individual transferred from one nursing facility to	82428
another nursing facility, with or without an intervening hospital	82429
stay.	82430

(3) A determination under division (B)(1) of this section is	82431
required for an individual described in division (B)(2)(a) or (b)	82432
of this section if the hospital from which the individual is	82433
transferred or directly admitted to a nursing facility is either	82434
of the following:	82435

(a) A hospital that the department maintains, operates,	82436
manages, and governs under section 5119.14 of the Revised Code for	82437
the care and treatment of mentally ill persons;	82438

(b) A free-standing hospital, or unit of a hospital, licensed	82439
by the department under section 5119.33 of the Revised Code.	82440

(C) Except as provided in rules adopted under division	82441
~~(F)~~(E)(3) of this section, the department of ~~mental health~~mental	82442
health and addiction services shall review and determine for each	82443
resident of a nursing facility who is mentally ill, whether the	82444
resident, because of the resident's physical and mental condition,	82445
requires the level of services provided by a nursing facility and	82446
whether the resident requires specialized services for mental	82447
illness. The review and determination shall be conducted in	82448
accordance with section 1919(e)(7) of the "Social Security Act"	82449
and the regulations adopted under section 1919(f)(8)(A) of the act	82450
and based on an independent physical and mental evaluation	82451
performed by a person or entity other than the department. The	82452
review and determination shall be completed promptly after a	82453
nursing facility has notified the department that there has been a	82454
significant change in the resident's mental or physical condition.	82455

(D)(1) In the case of a nursing facility resident who has	82456
continuously resided in a nursing facility for at least thirty	82457
months before the date of a review and determination under	82458
division (C) of this section, if the resident is determined not to	82459
require the level of services provided by a nursing facility, but	82460
is determined to require specialized services for mental illness,	82461
the department, in consultation with the resident's family or	82462
legal representative and care givers, shall do all of the	82463
following:	82464

(a) Inform the resident of the institutional and	82465
noninstitutional alternatives covered under the state plan for	82466
medical assistance;	82467

(b) Offer the resident the choice of remaining in the nursing	82468
facility or receiving covered services in an alternative	82469
institutional or noninstitutional setting;	82470

(c) Clarify the effect on eligibility for services under the	82471
state plan for medical assistance if the resident chooses to leave	82472
the facility, including its effect on readmission to the facility;	82473

(d) Provide for or arrange for the provision of specialized	82474
services for the resident's mental illness in the setting chosen	82475
by the resident.	82476

(2) In the case of a nursing facility resident who has	82477
continuously resided in a nursing facility for less than thirty	82478
months before the date of the review and determination under	82479
division (C) of this section, if the resident is determined not to	82480
require the level of services provided by a nursing facility, but	82481
is determined to require specialized services for mental illness,	82482
or if the resident is determined to require neither the level of	82483
services provided by a nursing facility nor specialized services	82484
for mental illness, the department shall act in accordance with	82485
its alternative disposition plan approved by the United States	82486
department of health and human services under section	82487
1919(e)(7)(E) of the "Social Security Act."	82488

(3) In the case of an individual who is determined under	82489
division (B) or (C) of this section to require both the level of	82490
services provided by a nursing facility and specialized services	82491
for mental illness, the department of ~~mental health~~mental health	82492
and addiction services shall provide or arrange for the provision	82493
of the specialized services needed by the individual or resident	82494
while residing in a nursing facility.	82495

(E) The department of ~~mental health~~mental health and	82496
addiction services shall adopt rules in accordance with Chapter	82497
119. of the Revised Code that do all of the following:	82498

(1) Establish criteria to be used in making the	82499
determinations required by divisions (B) and (C) of this section.	82500
The criteria shall not exceed the criteria established by	82501
regulations adopted by the United States department of health and	82502
human services under section 1919(f)(8)(A) of the "Social Security	82503
Act."	82504

(2) Specify information to be provided by the individual or	82505
nursing facility resident being assessed;	82506

(3) Specify any circumstances, in addition to circumstances	82507
listed in division (B) of this section, under which determinations	82508
under divisions (B) and (C) of this section are not required to be	82509
made.	82510

~~Sec. 5119.69.~~ Sec. 5119.41. (A) As used in this section and	82511
section ~~5119.691~~5119.411 of the Revised Code:	82512

(1) ~~"Long-term care consultation program" means the program~~	82513
~~the department of aging is required to develop under section~~	82514
~~173.42 of the Revised Code.~~	82515

~~(2) "Long-term care consultation program administrator" or~~	82516
~~"administrator" means the department of aging or, if the~~	82517
~~department contracts with an area agency on aging or other entity~~	82518
~~to administer the long-term care consultation program for a~~	82519
~~particular area, that agency or entity.~~	82520

~~(3)~~ "Nursing facility" has the same meaning as in section	82521
~~5111.20~~5165.01 of the Revised Code.	82522

~~(4)~~(2) "Residential state supplement administrative agency"	82523
means the department of ~~mental health~~mental health and addiction	82524
services or, if the department designates an entity under division	82525
(C) of this section for a particular area, the designated entity.	82526

~~(5)~~(3) "Residential state supplement program" means the	82527
program administered pursuant to this section.	82528

(B) The department of ~~mental health~~mental health and	82529
addiction services shall implement the residential state	82530
supplement program under which the state supplements the	82531
supplemental security income payments received by aged, blind, or	82532
disabled adults under Title XVI of the "Social Security Act," 49	82533
~~Stat. 620 (1935),~~ 42 U.S.C.~~A., as amended~~1381 et seq. Residential	82534
state supplement payments shall be used for the provision of	82535
accommodations, supervision, and personal care services to social	82536
security, supplemental security income, and social security	82537
disability insurance recipients who the department determines are	82538
at risk of needing institutional care.	82539

(C) In implementing the program, the department may designate	82540
one or more entities to be responsible for providing	82541
administrative services regarding the program. The department may	82542
designate an entity to be a residential state supplement	82543
administrative agency under this division either by entering into	82544
a contract with the entity to serve in that capacity or by	82545
otherwise delegating to the entity the responsibility to serve in	82546
that capacity.	82547

(D) For an individual to be eligible for residential state	82548
supplement payments, all of the following must be the case:	82549

(1) Except as provided by division (H) of this section, the	82550
individual must reside in one of the following:	82551

(a) A ~~home or~~residential care facility~~, other than a nursing~~	82552
~~home or nursing home unit of a home for the aging,~~ licensed by the	82553
department of health under Chapter 3721. of the Revised Code or an	82554
assisted living program as defined in section 5111.89 of the	82555
Revised Code;	82556

(b) A residential facility as defined in division (A)(9)(b)	82557
of section ~~5119.22~~5119.34 of the Revised Code licensed by the	82558
department of ~~mental health~~mental health and addiction services;	82559

(c) An apartment or room used to provide community mental	82560
health housing services certified by the department of ~~mental~~	82561
~~health~~mental health and addiction services under section ~~5119.611~~	82562
5119.36 of the Revised Code and approved by a board of alcohol,	82563
drug addiction, and mental health services under division (A)(14)	82564
of section 340.03 of the Revised Code.	82565

(2) A residential state supplement administrative agency must	82566
have determined that the environment in which the individual will	82567
be living while receiving the payments is appropriate for the	82568
individual's needs. If the individual is eligible for social	82569
security payments, supplemental security income payments, or	82570
social security disability insurance benefits because of a mental	82571
disability, the residential state supplement administrative agency	82572
shall refer the individual to a community mental health ~~agency~~	82573
services provider for an assessment under division (A) of section	82574
340.091 of the Revised Code.	82575

(3) The individual satisfies all eligibility requirements	82576
established by rules adopted under division (E) of this section.	82577

(E) The ~~directors~~director of ~~mental health~~mental health and	82578
addiction services and ~~job and family services~~medicaid director	82579
shall adopt rules in accordance with section 111.15 of the Revised	82580
Code as necessary to implement the residential state supplement	82581
program.	82582

To the extent permitted by Title XVI of the "Social Security	82583
Act," and any other provision of federal law, the medicaid	82584
director ~~of job and family services~~ may adopt rules establishing	82585
standards for adjusting the eligibility requirements concerning	82586
the level of impairment a person must have so that the amount	82587
appropriated for the program by the general assembly is adequate	82588
for the number of eligible individuals. The rules shall not limit	82589
the eligibility of disabled persons solely on a basis classifying	82590
disabilities as physical or mental. The medicaid director ~~of job~~	82591
~~and family services~~ also may adopt rules that establish	82592
eligibility standards for aged, blind, or disabled individuals who	82593
reside in one of the homes or facilities specified in division	82594
(D)(1) of this section but who, because of their income, do not	82595
receive supplemental security income payments. The rules may	82596
provide that these individuals may include individuals who receive	82597
other types of benefits, including, social security payments or	82598
social security disability insurance benefits provided under Title	82599
II of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	82600
401, ~~as amended~~et seq. Notwithstanding division (B) of this	82601
section, such payments may be made if funds are available for	82602
them.	82603

The director of ~~mental health~~mental health and addiction	82604
services may adopt rules establishing the method to be used to	82605
determine the amount an eligible individual will receive under the	82606
program. The amount the general assembly appropriates for the	82607
program may be a factor included in the method that director	82608
establishes.	82609

(F) The county department of job and family services of the	82610
county in which an applicant for the residential state supplement	82611
program resides shall determine whether the applicant meets income	82612
and resource requirements for the program.	82613

(G) The department of ~~mental health~~mental health and	82614
addiction services shall maintain a waiting list of any	82615
individuals eligible for payments under this section but not	82616
receiving them because moneys appropriated to the department for	82617
the purposes of this section are insufficient to make payments to	82618
all eligible individuals. An individual may apply to be placed on	82619
the waiting list even though the individual does not reside in one	82620
of the homes or facilities specified in division (D)(1) of this	82621
section at the time of application. The director of ~~mental health~~	82622
mental health and addiction services, by rules adopted in	82623
accordance with Chapter 119. of the Revised Code, may specify	82624
procedures and requirements for placing an individual on the	82625
waiting list and priorities for the order in which individuals	82626
placed on the waiting list are to begin to receive residential	82627
state supplement payments. The rules specifying priorities may	82628
give priority to individuals placed on the waiting list on or	82629
after July 1, 2006, who receive social security payments, social	82630
security disability insurance, or supplemental security income	82631
benefits under Title XVI of the "Social Security Act," ~~86 Stat.~~	82632
~~1475 (1972),~~ 42 U.S.C. 1381, ~~as amended~~et seq. The rules shall	82633
not affect the place on the waiting list of any person who was on	82634
the list on July 1, 2006. The rules specifying priorities may also	82635
set additional priorities based on living arrangement, such as	82636
whether an individual resides in a facility listed in division	82637
(D)(1) of this section or has been admitted to a nursing facility.	82638

(H) An individual in a licensed or certified living	82639
arrangement receiving state supplementation on November 15, 1990,	82640
under former section 5101.531 of the Revised Code shall not become	82641
ineligible for payments under this section solely by reason of the	82642
individual's living arrangement as long as the individual remains	82643
in the living arrangement in which the individual resided on	82644
November 15, 1990.	82645

(I) The ~~department of mental health~~county department of job	82646
and family services from which the person is receiving benefits	82647
shall notify each person denied approval for payments under this	82648
section of the person's right to a hearing. On request, the	82649
hearing shall be provided in accordance with Chapter 119. of the	82650
Revised Code.	82651

~~Sec. 5119.691.~~ Sec. 5119.411. On a periodic schedule determined by	82652
the department of ~~mental health~~mental health and addiction	82653
services, each residential state supplement administrative agency	82654
shall determine whether individuals who reside in the area that	82655
the agency serves and are on a waiting list for the residential	82656
state supplement program have been admitted to a nursing facility.	82657
IfThe department shall have a process in place to ensure that if	82658
a residential state supplement administrative agency determines	82659
that such an individual has been admitted to a nursing facility,	82660
~~the agency shall notify the long-term care consultation program~~	82661
~~administrator serving the area in which the individual resides~~	82662
~~about the determination. The administrator shall determine~~there	82663
shall be a determination whether the residential state supplement	82664
program is appropriate for the individual and whether the	82665
individual would rather participate in the program than continue	82666
residing in the nursing facility. If ~~the administrator determines~~	82667
it is determined that the residential state supplement program is	82668
appropriate for the individual and the individual would rather	82669
participate in the program than continue residing in the nursing	82670
facility, the ~~administrator shall so notify the department of~~	82671
~~mental health. On receipt of the notice from the administrator,~~	82672
~~the~~ department of ~~mental health~~mental health and addiction	82673
services shall approve the individual's enrollment in the	82674
residential state supplement program in accordance with the	82675
priorities specified in rules adopted under division (G) of	82676
section ~~5119.69~~5119.41 of the Revised Code. Each quarter in which	82677
a waiting list is in place, the department of ~~mental health~~mental	82678
health and addiction services shall certify to the director of	82679
budget and management the estimated increase in costs of the	82680
residential state supplement program resulting from enrollment of	82681
individuals in the program pursuant to this section.	82682

~~Sec. 5119.63.~~ Sec. 5119.42. (A) As used in this section, "private,	82683
nonprofit organization" means a private association, organization,	82684
corporation, or other entity that is tax exempt under section	82685
501(a) and described in section 501(c) of the "Internal Revenue	82686
Code of 1986," 100 Stat. 2085, 26 U.S.C. 501.	82687

(B) To the extent funds are available and on application by	82688
boards of alcohol, drug addiction, and mental health services, the	82689
director of ~~mental health~~mental health and addiction services may	82690
approve state reimbursement of, or state grants for, community	82691
~~mental health~~ construction programs including residential housing	82692
for severely mentally disabled persons and persons with substance	82693
use disorders. The director may also approve an application for	82694
reimbursement or a grant for such programs submitted by other	82695
governmental entities or by private, nonprofit organizations,	82696
after the application has been reviewed and recommended for	82697
approval or disapproval by the board of alcohol, drug addiction,	82698
and mental health services for the district from which the	82699
application came, and the application is consistent with the plan	82700
submitted by the board under division (A) of section 340.03 of the	82701
Revised Code and the budget and statement of services submitted by	82702
the board under divisions (A) and (B) of section 340.08 of the	82703
Revised Code.	82704

(C)(1) The director of ~~mental health~~mental health and	82705
addiction services shall adopt rules in accordance with Chapter	82706
119. of the Revised Code that specify procedures for applying for	82707
state reimbursement of and state grants for community construction	82708
programs, including residential housing for severely mentally	82709
disabled persons and persons with substance use disorders and	82710
procedures and criteria for approval of such reimbursement and	82711
grants.	82712

(2) The director of ~~mental health~~mental health and addiction	82713
services shall not approve state reimbursement or a state grant	82714
unless all of the following conditions are met:	82715

(a) The applicant includes with the application a plan	82716
specifying the services, in addition to housing, that will be	82717
provided to persons who will reside in the residential housing.	82718
Services specified may include any of the services ~~listed~~	82719
described in section 340.09 of the Revised Code.	82720

(b) The director is satisfied that the residential housing	82721
for severely mentally disabled persons will be developed to	82722
promote the maximum practical integration of severely mentally	82723
disabled persons with persons at the same site who are not	82724
severely mentally disabled.	82725

(c) The use of any funds distributed pursuant to the	82726
reimbursement or grant will not subject any obligation from which	82727
the funds are derived to federal income taxation.	82728

(3) The director may enter into an agreement establishing	82729
terms for any reimbursement or grant approved under this division	82730
with the organization, board, or other government entity that is	82731
the recipient of the reimbursement or grant. Any such agreement is	82732
subject to any covenant or agreement pertaining to any obligation	82733
issued to provide funds for the reimbursement or grant.	82734

~~Sec. 5119.631.~~ Sec. 5119.421. (A) This section applies to a board	82735
of alcohol, drug addiction, and mental health services, another	82736
governmental entity, or a private, nonprofit organization that	82737
received a grant or reimbursement under section ~~5119.63~~5119.42 of	82738
the Revised Code for a facility on which the department of ~~mental~~	82739
~~health~~mental health and addiction services holds a security	82740
interest.	82741

(B) A board of alcohol, drug addiction, and mental health	82742
services, another governmental entity, or a private, nonprofit	82743
organization to which this section applies may apply to the	82744
director of ~~mental health~~mental health and addiction services for	82745
approval to sell its facility and acquire, construct, or renovate	82746
a replacement facility pursuant to this section. The director	82747
shall prescribe the form of the application. Before submitting an	82748
application to the director, a governmental entity or private,	82749
nonprofit organization must obtain approval of the application	82750
from the board of alcohol, drug addiction, and mental health	82751
services with jurisdiction over the service district in which the	82752
existing facility is located. The director shall approve an	82753
application for a replacement project upon determining that the	82754
project provides for the continuation of appropriate mental health	82755
and addiction services to the population served by the board,	82756
entity, or organization.	82757

(C) A board, entity, or organization that obtains approval	82758
for a project under division (B) of this section shall pay the	82759
proceeds of the sale of its facility to the director of ~~mental~~	82760
~~health~~mental health and addiction services. The director shall	82761
deposit the proceeds to the credit of the community capital	82762
replacement facilities fund.	82763

(D) When a board, entity, or organization that has sold its	82764
facility notifies the director of ~~mental health~~mental health and	82765
addiction services that it is ready to acquire, construct, or	82766
renovate a replacement facility, the director shall do one of the	82767
following:	82768

(1) If the replacement facility is located in the same	82769
alcohol, drug addiction, and mental health service district as the	82770
original facility, and if the purposes for which the replacement	82771
facility will be used are the same as or similar to those for the	82772
original facility, the director shall pay to the board, entity, or	82773
organization from the community capital replacement facilities	82774
fund an amount equal to the lesser of an amount equal to the	82775
proceeds of the sale of the original facility or the amount of the	82776
state's agreed-upon participation (as a per cent of the total	82777
cost) in the cost of the replacement facility. If the amount of	82778
the state's agreed-upon participation in the cost of the	82779
replacement facility is less than the value of the state's	82780
security interest in the original facility, the difference between	82781
the state's agreed-upon participation in the cost of the	82782
replacement facility and the value of the state's security	82783
interest in the original facility shall be retained in the	82784
community capital replacement facilities fund, and any excess	82785
proceeds shall be paid to the board, entity, or organization.	82786

(2) If the replacement facility is located in a different	82787
alcohol, drug addiction, and mental health service district than	82788
the original facility, or if the purposes for which the	82789
replacement facility will be used are not the same as or similar	82790
to those for the original facility, the director shall request	82791
controlling board approval for release of funds for the project.	82792
If the controlling board so approves, the director shall pay to	82793
the board, entity, or organization from the community capital	82794
replacement facilities fund the lesser of an amount equal to the	82795
proceeds of the sale of the original facility or the amount of the	82796
state's agreed-upon participation (as a per cent of the total	82797
cost) in the cost of the replacement facility. ifIf the amount of	82798
the state's agreed-upon participation in the cost of the	82799
replacement facility is less than the value of the state's	82800
security interest in the original facility, the difference between	82801
the state's agreed-upon participation in the cost of the	82802
replacement facility and the value of the state's security	82803
interest in the original facility shall be retained in the	82804
community capital replacement facilities fund, and any excess	82805
proceeds shall be paid to the board, entity, or organization.	82806

(E) The director of ~~mental health~~mental health and addiction	82807
services and a board, entity, or organization shall enter into an	82808
agreement specifying the terms of any payment made to the board,	82809
entity, or organization under division (D) of this section. The	82810
terms may include provision for the department of ~~mental health~~	82811
mental health and addiction services to hold a security interest	82812
in the facility.	82813

(F)(1) When approving an application under division (B) of	82814
this section, the director of ~~mental health~~mental health and	82815
addiction services shall establish a deadline by which the board,	82816
entity, or organization must notify the director that it is ready	82817
to acquire, construct, or renovate a replacement facility. If the	82818
board, entity, or organization does not notify the director on or	82819
before the deadline, the director may cancel the project. Upon	82820
canceling the project, the director shall pay to the board,	82821
entity, or organization from the community capital replacement	82822
facilities fund an amount equal to the portion of the proceeds of	82823
the sale of the original facility that exceeds the value of the	82824
state's security interest in the facility.	82825

(2) Notwithstanding the deadline established under division	82826
(F)(1) of this section, if at any time a board, entity, or	82827
organization notifies the director that it does not intend to	82828
acquire, construct, or renovate a replacement facility under this	82829
section, the director shall cancel the replacement project and pay	82830
to the board, entity, or organization from the community capital	82831
replacement facilities fund an amount equal to the portion of the	82832
proceeds of the sale of the original facility that exceeds the	82833
value of the state's security interest in the facility.	82834

(G) If a replacement project is canceled after the sale of	82835
the original facility, the director of ~~mental health~~mental health	82836
and addiction services shall use funds equal to the value of the	82837
state's security interest in the original facility for additional	82838
grants or reimbursements under section ~~5119.63~~5119.42 of the	82839
Revised Code. The director shall obtain the approval of the	82840
controlling board before releasing the additional grants or	82841
reimbursements.	82842

(H) The community capital replacement facilities fund is	82843
hereby created in the state treasury. The director of ~~mental~~	82844
~~health~~mental health and addiction services shall use the fund for	82845
the purposes of this section.	82846

~~Sec. 5119.16.~~ Sec. 5119.44. As used in this section, "free clinic"	82847
has the same meaning as in section 2305.2341 of the Revised Code.	82848

(A) The department of ~~mental health~~mental health and	82849
addiction services may provide certain goods and services for the	82850
department of ~~mental health~~mental health and addiction services,	82851
the department of developmental disabilities, the department of	82852
rehabilitation and correction, the department of youth services,	82853
and other state, county, or municipal agencies requesting such	82854
goods and services when the department of ~~mental health~~mental	82855
health and addiction services determines that it is in the public	82856
interest, and considers it advisable, to provide these goods and	82857
services. The department of ~~mental health~~mental health and	82858
addiction services also may provide goods and services to agencies	82859
operated by the United States government and to public or private	82860
nonprofit agencies, other than free clinics, that are funded in	82861
whole or in part by the state if the public or private nonprofit	82862
agencies are designated for participation in this program by the	82863
director of ~~mental health~~mental health and addiction services	82864
for community addiction services providers and community mental	82865
health ~~agencies~~services providers, the director of developmental	82866
disabilities for community mental retardation and developmental	82867
disabilities agencies, the director of rehabilitation and	82868
correction for community rehabilitation and correction agencies,	82869
or the director of youth services for community youth services	82870
agencies.	82871

Designated community agencies or services providers shall	82872
receive goods and services through the department of ~~mental health~~	82873
mental health and addiction services only in those cases where the	82874
designating state agency certifies that providing such goods and	82875
services to the agency or services provider will conserve public	82876
resources to the benefit of the public and where the provision of	82877
such goods and services is considered feasible by the department	82878
of ~~mental health~~mental health and addiction services.	82879

(B) The department of ~~mental health~~mental health and	82880
addiction services may permit free clinics to purchase certain	82881
goods and services to the extent the purchases fall within the	82882
exemption to the Robinson-Patman Act, 15 U.S.C. 13 et seq.,	82883
applicable to nonprofit institutions, in 15 U.S.C. 13c, as	82884
amended.	82885

(C) The goods and services that may be provided by the	82886
department of ~~mental health~~mental health and addiction services	82887
under divisions (A) and (B) of this section may include:	82888

(1) Procurement, storage, processing, and distribution of	82889
food and professional consultation on food operations;	82890

(2) Procurement, storage, and distribution of medical and	82891
laboratory supplies, dental supplies, medical records, forms,	82892
optical supplies, and sundries, subject to section 5120.135 of the	82893
Revised Code;	82894

(3) Procurement, storage, repackaging, distribution, and	82895
dispensing of drugs, the provision of professional pharmacy	82896
consultation, and drug information services;	82897

(4) Other goods and services.

82898

(D) The department of ~~mental health~~mental health and	82899
addiction services may provide the goods and services designated	82900
in division (C) of this section to its institutions and to	82901
state-operated community-based mental health or addiction services	82902
providers.	82903

(E) After consultation with and advice from the director of	82904
developmental disabilities, the director of rehabilitation and	82905
correction, and the director of youth services, the department of	82906
~~mental health~~mental health and addiction services may provide the	82907
goods and services designated in division (C) of this section to	82908
the department of developmental disabilities, the department of	82909
rehabilitation and correction, and the department of youth	82910
services.	82911

(F) The cost of administration of this section shall be	82912
determined by the department of ~~mental health~~mental health and	82913
addiction services and paid by the agencies, services providers,	82914
or free clinics receiving the goods and services to the department	82915
for deposit in the state treasury to the credit of the ~~mental~~	82916
~~health~~office of support services fund, which is hereby created.	82917
The fund shall be used to pay the cost of administration of this	82918
section to the department.	82919

(G) Whenever a state agency fails to make a payment for goods	82920
and services provided under this section within thirty-one days	82921
after the date the payment was due, the office of budget and	82922
management may transfer moneys from the state agency to the	82923
department of ~~mental health~~mental health and addiction services.	82924
The amount transferred shall not exceed the amount of overdue	82925
payments. Prior to making a transfer under this division, the	82926
office of budget and management shall apply any credits the state	82927
agency has accumulated in payments for goods and services provided	82928
under this section.	82929

(H) Purchases of goods and services under this section are	82930
not subject to section 307.86 of the Revised Code.	82931

~~Sec. 5119.161.~~ Sec. 5119.45. Unless otherwise specifically	82932
provided by law, all moneys received by the department of ~~mental~~	82933
~~health~~mental health and addiction services from the sale of goods	82934
and services, including, but not limited to, shared service	82935
agreements with other governmental entities and nongovernmental	82936
entities, employee housing and cafeteria receipts, fees for	82937
copying services, and sales of other tangible personal property	82938
under the department's control, shall be paid into the state	82939
treasury to the credit of the sale of goods and services fund,	82940
which is hereby created. Moneys received by the department	82941
pursuant to section ~~5119.16~~5119.44 of the Revised Code shall not	82942
be paid into the fund. The department shall use the moneys in the	82943
fund for paying operating expenses of the department.	82944

~~Sec. 5119.18.~~ Sec. 5119.46. There is hereby created in the state	82945
treasury the department of ~~mental health~~mental health and	82946
addiction services trust fund. Not later than the first day of	82947
September of each year, the director of ~~mental health~~mental	82948
health and addiction services shall certify to the director of	82949
budget and management the amount of all of the unexpended,	82950
unencumbered balances of general revenue fund appropriations made	82951
to the department of ~~mental health~~mental health and addiction	82952
services for the previous fiscal year, excluding funds	82953
appropriated for rental payments to the Ohio public facilities	82954
commission. On receipt of the certification, the director of	82955
budget and management shall transfer cash to the trust fund in an	82956
amount up to, but not exceeding, the total of the amounts	82957
certified by the director of ~~mental health~~mental health and	82958
addiction services.	82959

In addition, the trust fund shall receive all amounts,	82960
subject to any provisions in bond documents, received from the	82961
sale or lease of lands and facilities by the department.	82962

All moneys in the trust fund shall be used by the department	82963
of ~~mental health~~mental health and addiction services to pay for	82964
expenditures the department incurs in performing any of its duties	82965
under this chapter. The use of moneys in the trust fund pursuant	82966
to this section does not represent an ongoing commitment to the	82967
continuation of the trust fund or to the use of moneys in the	82968
trust fund.	82969

~~Sec. 3793.032.~~ Sec. 5119.47. The director of ~~alcohol and drug~~	82970
~~addiction services~~mental health and addiction services shall	82971
administer the problem casino gambling and addictions fund. The	82972
director shall use the money in the fund to support ~~programs that~~	82973
~~provide~~ gambling addiction services, alcohol and drug addiction	82974
~~programs that provide alcohol and drug addiction~~ services, other	82975
~~programs~~services that relate to gambling addiction and substance	82976
abuse, and research that relates to gambling addiction and	82977
substance abuse. Treatment and prevention services ~~provided under~~	82978
~~programs~~ supported by money in the fund under this section shall	82979
be services that are ~~provided by alcohol and drug addiction~~	82980
~~treatment programs~~ certified by the department of ~~alcohol and~~	82981
~~drug addiction services or provided by counselors who are~~	82982
~~certified by the department~~mental health and addiction services.	82983
~~Prevention services provided under programssupported by money in~~	82984
~~the fund under this section shall be services that are provided by~~	82985
~~alcohol and drug addiction prevention programs~~ ~~certified by the~~	82986
~~department of alcohol and drug addiction services.~~	82987

The director shall prepare an annual report describing the	82988
use of the fund for these purposes. The director shall submit the	82989
report to the Ohio casino control commission, the speaker and	82990
minority leader of the house of representatives, the president and	82991
minority leader of the senate, the governor, and the joint	82992
committee on gaming and wagering.	82993

~~Sec. 3793.22.~~ Sec. 5119.49. (A) The director of ~~alcohol and drug~~	82994
~~addiction services~~mental health and addiction services shall	82995
collaborate with the state board of pharmacy and attorney general	82996
in the establishment and administration of a drug take-back	82997
program, as provided under section 4729.69 of the Revised Code.	82998

(B) The department may accept grants, gifts, or donations for	82999
purposes of the program. Money received under this division shall	83000
be deposited into the drug take-back program fund established	83001
under section 109.90 of the Revised Code.	83002

~~Sec. 5119.34.~~ Sec. 5119.50. The director of ~~mental health~~mental	83003
health and addiction services may accept, hold, and administer in	83004
trust on behalf of the state, if it is for the public interest,	83005
any grant, gift, devise, or bequest of money or property made to	83006
the state for the use or benefit of any institution described in	83007
section ~~5119.02~~5119.14 of the Revised Code or for the use and	83008
benefit of mentally ill persons under its control. If the trust so	83009
provides, the money or property may be used for any work which the	83010
department of ~~mental health~~mental health and addiction services	83011
is authorized to undertake.	83012

The department shall keep such gift, grant, devise, or	83013
bequest as a distinct property or fund and, if it is in money,	83014
shall invest it in the manner provided by law. The department may	83015
deposit in a proper trust company or savings bank any money left	83016
in trust during a specified life or lives and shall adopt rules	83017
governing the deposit, transfer, withdrawal, or investment of such	83018
money and the income thereof.	83019

The department shall, in the manner prescribed by the	83020
director of budget and management pursuant to section 126.21 of	83021
the Revised Code, account for all money or property received or	83022
expended under this section. The records, together with a	83023
statement certified by the depository showing the funds deposited	83024
there to the credit of the trust, shall be open to public	83025
inspection. The director of budget and management may require the	83026
department to file a report with ~~him~~the director on any	83027
particular portion, or the whole, of any trust property received	83028
or expended by it.	83029

The department shall, upon the expiration of any trust	83030
according to its terms, dispose of the funds or property held	83031
thereunder in the manner provided in the instrument creating the	83032
trust. If the instrument creating the trust failed to make any	83033
terms of disposition, or if no trust was in evidence, then the	83034
decedent patient's money, saving or commercial deposits, dividends	83035
or distributions, bonds, or any other interest-bearing debt	83036
certificate or stamp issued by the United States government shall	83037
escheat to the state. All such unclaimed intangible personal	83038
property of a former patient shall be retained by the managing	83039
officer in such institution for the period of one year, during	83040
which time every possible effort shall be made to find such former	83041
patient or ~~his~~the former patient's legal representative.	83042

If, after a period of one year from the time the patient has	83043
left the institution or has died, the managing officer has been	83044
unable to locate such person or ~~his~~the person's legal	83045
representative, then upon proper notice of such fact the director	83046
shall at that time formulate in writing a method of disposition on	83047
the minutes of the department authorizing the managing officer to	83048
convert such intangible personal property to cash to be paid into	83049
the state treasury to the credit of the general revenue fund.	83050

The department shall include in its annual report a statement	83051
of all money and property and the terms and conditions relating	83052
thereto.	83053

~~Sec. 5119.17.~~ Sec. 5119.51. (A) As used in this section,	83054
"supplemental services" has the same meaning as in section 5815.28	83055
of the Revised Code.	83056

(B) There is hereby created in the state treasury the	83057
services fund for individuals with mental illness. On the death of	83058
the beneficiary of a trust created pursuant to section 5815.28 of	83059
the Revised Code, the portion of the remaining assets of the trust	83060
specified in the trust instrument shall be deposited to the credit	83061
of the fund. Money credited to the fund shall be used for	83062
individuals with mental illness.	83063

Supplemental services may be provided through the department	83064
or boards of alcohol, drug addiction, and mental health services.	83065
In accordance with Chapter 119. of the Revised Code, the	83066
department of ~~mental health~~mental health and addiction services	83067
may adopt any rules necessary to implement this section.	83068

~~Sec. 5119.36.~~ Sec. 5119.52. Each managing officer of an	83069
institution under the jurisdiction of the department of ~~mental~~	83070
~~health~~mental health and addiction services as described in	83071
section ~~5119.02~~5119.14 of the Revised Code, with the approval of	83072
the director of ~~mental health~~mental health and addiction	83073
services, may establish local institution funds designated as	83074
follows:	83075

(A) Industrial and entertainment fund created and maintained	83076
for the entertainment and welfare of the patients of the	83077
institution. The director shall establish rules for the operation	83078
of the industrial and entertainment fund.	83079

(B) Commissary fund created and maintained for the benefit of	83080
patients in the institution. Commissary revenue over and above	83081
operating costs and reserve shall be considered profits. All	83082
profits from the commissary fund operations shall be paid into the	83083
industrial and entertainment fund and used only for the	83084
entertainment and ~~wel fare~~welfare of patients. The director shall	83085
establish rules for the operation of the commissary fund.	83086

~~Sec. 5119.33.~~ Sec. 5119.54. The treasurer of state shall have	83087
charge of all funds under the jurisdiction of the department of	83088
~~mental health~~mental health and addiction services and shall pay	83089
out the same only in accordance with this chapter.	83090

The department shall cause to be furnished a contract of	83091
indemnity to cover all funds received by it or by its managing	83092
officers, employees, or agents while the funds are in the	83093
possession of such managing officers, employees or agents. Such	83094
funds are designated as follows:	83095

(A) Funds which are due and payable to the treasurer of state	83096
as provided by Chapter 131. of the Revised Code;	83097

(B) Those funds which are held in trust by the managing	83098
officers, employees, or agents of the institution as local funds	83099
or accounts under the jurisdiction of the department.	83100

Such contract of indemnity shall be made payable to the state	83101
and the premium for such contract of indemnity may be paid from	83102
any of the moneys received for the use of the department under	83103
this chapter and Chapters 5121. and 5122. of the Revised Code.	83104

Funds collected from various sources, such as the sale of	83105
goods, and all miscellaneous articles, shall be transmitted on or	83106
before Monday of each week to the treasurer of state and a	83107
detailed statement of such collections shall be made to the	83108
department.	83109

~~Sec. 5119.351.~~ Sec. 5119.55. The department of ~~mental health~~	83110
mental health and addiction services may pay an amount for	83111
personal use to each individual residing in a state institution as	83112
described in section ~~5119.02~~5119.14 of the Revised Code who would	83113
be eligible for supplemental security income benefits at the	83114
reduced rate established by Title XVI of the "Social Security	83115
Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.~~A. 1382, as amended~~1381 et	83116
seq., if the ~~state plan for providing medical assistance under~~	83117
~~section 5111.01 of the Revised Code included reimbursement of~~	83118
medicaid program covers services provided in such institutions.	83119
The amount paid by the department shall not exceed the reduced	83120
supplemental security income benefit rate established by Title XVI	83121
of the "Social Security Act."	83122

~~Sec. 5119.35.~~ Sec. 5119.56. Money or property deposited with	83123
managing officers of institutions under the jurisdiction of the	83124
department of ~~mental health~~mental health and addiction services	83125
by any patient under the department's control or by relatives,	83126
guardians, conservators, and others for the special benefit of	83127
such patient, as well as all other funds and all other income paid	83128
to the patient, ~~his~~the patient's estate, or on ~~his~~the patient's	83129
behalf, or paid to the managing officer or to the institution as	83130
representative payee or otherwise paid on the patient's behalf,	83131
shall remain in the hands of such officers in appropriate accounts	83132
for use accordingly. The managing officer shall keep itemized book	83133
accounts of the receipt and disposition of such money and	83134
property, which book shall be open at all times to the inspection	83135
of the department. The director of ~~mental health~~mental health	83136
and addiction services shall adopt rules governing the deposit,	83137
transfer, withdrawal, or investment of the funds and the income	83138
thereof, as well as rules under which such funds and income shall	83139
be paid by managing officers for the support of the patients	83140
pursuant to Chapter 5121. of the Revised Code, or for their other	83141
needs.	83142

Whenever any patient confined in any state institution	83143
subject to the jurisdiction of the department dies, escapes, or is	83144
discharged from such institution, and any personal funds of such	83145
person remain in the hands of the managing officer thereof and no	83146
demand for such funds is made upon such managing officer by the	83147
owner of the funds or ~~his~~the owner's legally appointed	83148
representative, the managing officer shall hold the funds in the	83149
personal deposit fund for a period of at least one year during	83150
which time the managing officer shall make every effort possible	83151
to locate the owner or ~~his~~the owner's legally appointed	83152
representative.	83153

If at the end of this period no demand has been made for the	83154
funds, the managing officer shall dispose of the funds as follows:	83155

(A) All money in a personal deposit fund in excess of ten	83156
dollars due for the support of a patient shall be paid in	83157
accordance with the provisions of Chapter 5121. of the Revised	83158
Code.	83159

(B) All money in a personal deposit fund in excess of ten	83160
dollars not due for the support of a patient shall be placed to	83161
the credit of the institution's local account designated as the	83162
"industrial and entertainment" fund.	83163

(C) The first ten dollars to the credit of a patient shall be	83164
placed to the credit of the institution's local account designated	83165
as the "industrial and entertainment" fund.	83166

Whenever any patient in any state institution subject to the	83167
jurisdiction of the department dies, escapes, or is discharged	83168
from such institution, and any personal effects of such person	83169
remain in the hands of the managing officer thereof, and no demand	83170
is made upon such managing officer by the owner of the property or	83171
~~his~~the owner's legally appointed representative, the managing	83172
officer shall hold and dispose of such property in the following	83173
manner.	83174

All the miscellaneous personal effects shall be held for a	83175
period of at least one year, during which time the managing	83176
officer shall make every effort possible to locate the owner or	83177
~~his~~the owner's legal representative. If at the end of this	83178
period, no demand has been made by the owner of the property or	83179
~~his~~the owner's legal representative, the managing officer shall	83180
file with the county recorder of the county of commitment of such	83181
owner, all deeds, wills, contract mortgages, or assignments. The	83182
balance of the personal effects shall be sold at public auction	83183
after being duly advertised, and the funds turned over to the	83184
treasurer of state for credit to the general revenue fund. If any	83185
of the property is not of a type to be filed with the county	83186
recorder and is not salable at public auction, then the managing	83187
officer of the institution shall destroy such property.	83188

~~Sec. 5119.46.~~ Sec. 5119.60. ~~In its annual report, the~~The	83189
department of ~~mental health~~mental health and addiction services	83190
shall submit an annual report to the governor that shall describe	83191
the services the department offers and how appropriated funds have	83192
been spent. The report shall include ~~the~~all of the following:	83193

(A) The utilization of state hospitals by each alcohol, drug	83194
addiction, and mental health service district~~, the~~;	83195

(B) The number of persons served by community addiction	83196
services providers that receive funds distributed by the	83197
department, with a breakdown into categories including age, sex,	83198
race, the type of drug to which the person is addicted, and any	83199
other categories the director of mental health and addiction	83200
services considers significant;	83201

(C) The number of severely mentally disabled persons served	83202
in each district~~, and the~~;	83203

(D) The number and types of services provided to severely	83204
mentally disabled persons through state-operated services and	83205
community mental health ~~agencies~~services providers;	83206

(E) A report measuring the success of community addiction	83207
services providers, based on the measures for accountability	83208
developed by the department, including the percentage of persons	83209
served by such community addiction services providers who have not	83210
relapsed;	83211

(F) Any other information that the director considers	83212
significant or is requested by the governor.	83213

~~Sec. 3793.12.~~ Sec. 5119.61. (A) The department of ~~alcohol and drug~~	83214
~~addiction services~~mental health and addiction services shall	83215
collect and compile statistics and other information on the care	83216
and treatment of mentally disabled persons, and the care,	83217
treatment, and rehabilitation of alcoholics, drug dependent	83218
persons, and persons in danger of drug dependence in this state,	83219
including, without limitation, information on the number of such	83220
persons, the type of drug involved, the type of care, treatment,	83221
or rehabilitation prescribed or undertaken, and the success or	83222
failure of the care, treatment, or rehabilitation. The department	83223
shall collect information about services delivered and persons	83224
served as required for reporting and evaluation relating to state	83225
and federal funds expended for such purposes.	83226

(B) No alcohol or, drug addiction ~~program~~, or mental health	83227
services provider shall fail to supply statistics and other	83228
information within its knowledge and with respect to its ~~programs~~	83229
services, upon request of the department.	83230

(C) Communications by a person seeking aid in good faith for	83231
alcoholism or drug dependence are confidential, and this section	83232
does not require the collection or permit the disclosure of	83233
information which reveals or comprises the identity of any person	83234
seeking aid.	83235

(D) Based on the information collected and compiled under	83236
division (A) of this section, the department shall develop a	83237
project to assess the outcomes of persons served by alcohol and	83238
drug addiction ~~programs~~services providers and mental health	83239
services providers that receive funds distributed by the	83240
department.	83241

~~Sec. 5119.50.~~ Sec. 5119.70. The "interstate compact on mental	83242
health" is hereby ratified, enacted into law, and entered into by	83243
the state of Ohio as a party thereto with any other state which	83244
has legally joined in the compact as follows:	83245

INTERSTATE COMPACT ON MENTAL HEALTH	83246

The contracting states solemnly agree that:

83247

Article I	83248

The party states find that the proper and expeditious	83249
treatment of the mentally ill and mentally retarded can be	83250
facilitated by cooperative action, to the benefit of the patients,	83251
their families, and society as a whole. Further, the party states	83252
find that the necessity of and desirability for furnishing such	83253
care and treatment bears no primary relation to the residence or	83254
citizenship of the patient but that, on the contrary, the	83255
controlling factors of community safety and humanitarianism	83256
require that facilities and services be made available for all who	83257
are in need of them. Consequently, it is the purpose of this	83258
compact and of the party states to provide the necessary legal	83259
basis for the institutionalization or other appropriate care and	83260
treatment of the mentally ill and mentally retarded under a system	83261
that recognizes the paramount importance of patient welfare and to	83262
establish the responsibilities of the party states in terms of	83263
such welfare.	83264

Article II	83265

As used in this compact:

83266

(a) "Sending state" shall mean a party state from which a	83267
patient is transported pursuant to the provisions of the compact	83268
or from which it is contemplated that a patient may be so sent.	83269

(b) "Receiving state" shall mean a party state to which a	83270
patient is transported pursuant to the provisions of the compact	83271
or to which it is contemplated that a patient may be so sent.	83272

(c) "Institution" shall mean any hospital or other facility	83273
maintained by a party state or political subdivision thereof for	83274
the care and treatment of mental illness or mental retardation.	83275

(d) "Patient" shall mean any person subject to or eligible as	83276
determined by the laws of the sending state, for	83277
institutionalization or other care, treatment, or supervision	83278
pursuant to the provisions of this compact.	83279

(e) "After-care" shall mean care, treatment and services	83280
provided a patient, as defined herein, or convalescent status or	83281
conditional release.	83282

(f) "Mental illness" shall mean mental disease to such extent	83283
that a person so afflicted requires care and treatment for his own	83284
welfare, or the welfare of others, or of the community.	83285

(g) "Mental retardation" shall mean mental retardation as	83286
defined by appropriate clinical authorities to such extent that a	83287
person so afflicted is incapable of managing himself and his	83288
affairs, but shall not include mental illness as defined herein.	83289

(h) "State" shall mean any state, territory or possession of	83290
the United States, the District of Columbia, and the Commonwealth	83291
of Puerto Rico.	83292

Article III	83293

(a) Whenever a person physically present in any party state	83294
shall be in need of institutionalization by reason of mental	83295
illness or mental retardation, he shall be eligible for care and	83296
treatment in an institution in that state irrespective of his	83297
residence, settlement or citizenship qualifications.	83298

(b) The provisions of paragraph (a) of this article to the	83299
contrary notwithstanding, any patient may be transferred to an	83300
institution in another state whenever there are factors based upon	83301
clinical determinations indicating that the care and treatment of	83302
said patient would be facilitated or improved thereby. Any such	83303
institutionalization may be for the entire period of care and	83304
treatment or for any portion or portions thereof. The factors	83305
referred to in this paragraph shall include the patient's full	83306
record with due regard for the location of the patient's family,	83307
character of the illness and probable duration thereof, and such	83308
other factors as shall be considered appropriate.	83309

(c) No state shall be obliged to receive any patient pursuant	83310
to the provisions of paragraph (b) of this article unless the	83311
sending state has given advance notice of its intention to send	83312
the patient; furnished all available medical and other pertinent	83313
records concerning the patient; given the qualified medical or	83314
other appropriate clinical authorities of the receiving state an	83315
opportunity to examine the patient if said authorities so wish;	83316
and unless the receiving state shall agree to accept the patient.	83317

(d) In the event that the laws of the receiving state	83318
establish a system of priorities for the admission of patients, an	83319
interstate patient under this compact shall receive the same	83320
priority as a local patient and shall be taken in the same order	83321
and at the same time that he would be taken if he were a local	83322
patient.	83323

(e) Pursuant to this compact, the determination as to the	83324
suitable place of institutionalization for a patient may be	83325
reviewed at any time and such further transfer of the patient may	83326
be made as seems likely to be in the best interest of the patient.	83327

Article IV	83328

(a) Whenever, pursuant to the laws of the state in which a	83329
patient is physically present, it shall be determined that the	83330
patient should receive after-care or supervision, such care or	83331
supervision may be provided in a receiving state. If the medical	83332
or other appropriate clinical authorities having responsibility	83333
for the care and treatment of the patient in the sending state	83334
shall have reason to believe that after-care in another state	83335
would be in the best interest of the patient and would not	83336
jeopardize the public safety, they shall request the appropriate	83337
authorities in the receiving state to investigate the desirability	83338
of affording the patient such after-care in said receiving state,	83339
and such investigation shall be made with all reasonable speed.	83340
The request for investigation shall be accompanied by complete	83341
information concerning the patient's intended place of residence	83342
and the identity of the person in whose charge it is proposed to	83343
place the patient, the complete medical history of the patient,	83344
and such other documents as may be pertinent.	83345

(b) If the medical or other appropriate clinical authorities	83346
having responsibility for the care and treatment of the patient in	83347
the sending state and the appropriate authorities in the receiving	83348
state find that the best interest of the patient would be served	83349
thereby, and if the public safety would not be jeopardized	83350
thereby, the patient may receive after-care or supervision in the	83351
receiving state.	83352

(c) In supervising, treating, or caring for a patient on	83353
after-care pursuant to the terms of this article, a receiving	83354
state shall employ the same standards of visitation, examination,	83355
care, and treatment that it employs for similar local patients.	83356

Article V	83357

Whenever a dangerous or potentially dangerous patient escapes	83358
from an institution in any party state, that state shall promptly	83359
notify all appropriate authorities within and without the	83360
jurisdiction of the escape in a manner reasonably calculated to	83361
facilitate the speedy apprehension of the escapee. Immediately	83362
upon the apprehension and identification of any such dangerous or	83363
potentially dangerous patient, he shall be detained in the state	83364
where found pending disposition in accordance with law.	83365

Article VI	83366

The duly accredited officers of any state party to this	83367
compact, upon the establishment of their authority and the	83368
identity of the patient, shall be permitted to transport any	83369
patient being moved pursuant to this compact through any and all	83370
states party to this compact, without interference.	83371

Article VII	83372

(a) No person shall be deemed a patient of more than one	83373
institution at any given time. Completion of transfer of any	83374
patient to an institution in a receiving state shall have the	83375
effect of making the person a patient of the institution in the	83376
receiving state.	83377

(b) The sending state shall pay all costs of and incidental	83378
to the transportation of any patient pursuant to this compact, but	83379
any two or more party states may, by making a specific agreement	83380
for that purpose, arrange for a different allocation of costs as	83381
among themselves.	83382

(c) No provision of this compact shall be construed to alter	83383
or affect any internal relationships among the departments,	83384
agencies and officers of and in the government of a party state,	83385
or between a party state and its subdivisions, as to the payment	83386
of costs, or responsibilities therefor.	83387

(d) Nothing in this compact shall be construed to prevent any	83388
party state or subdivision thereof from asserting any right	83389
against any person, agency or other entity in regard to costs for	83390
which such party state or subdivision thereof may be responsible	83391
pursuant to any provision of this compact.	83392

(e) Nothing in this compact shall be construed to invalidate	83393
any reciprocal agreement between a party state and a nonparty	83394
state relating to institutionalization, care or treatment of the	83395
mentally ill or mentally retarded, or any statutory authority	83396
pursuant to which such agreements may be made.	83397

Article VIII	83398

(a) Nothing in this compact shall be construed to abridge,	83399
diminish, or in any way impair the rights, duties, and	83400
responsibilities of any patient's guardian on his own behalf or in	83401
respect of any patient for whom he may serve, except that where	83402
the transfer of any patient to another jurisdiction makes	83403
advisable the appointment of a supplemental or substitute	83404
guardian, any court of competent jurisdiction in the receiving	83405
state may make such supplemental or substitute appointment and the	83406
court which appointed the previous guardian shall upon being duly	83407
advised of the new appointment, and upon the satisfactory	83408
completion of such accounting and other acts as such court may by	83409
law require, relieve the previous guardian of power and	83410
responsibility to whatever extent shall be appropriate in the	83411
circumstances; provided, however, that in the case of any patient	83412
having settlement in the sending state, the court of competent	83413
jurisdiction in the sending state shall have the sole discretion	83414
to relieve a guardian appointed by it or continue his power and	83415
responsibility, whichever it shall deem advisable. The court in	83416
the receiving state may, in its discretion, confirm or reappoint	83417
the person or persons previously serving as guardian in the	83418
sending state in lieu of making a supplemental or substitute	83419
appointment.	83420

(b) The term "guardian" as used in paragraph (a) of this	83421
article shall include any guardian, trustee, legal committee,	83422
conservator, or other person or agency however denominated who is	83423
charged by law with power to act for or responsibility for the	83424
person or property of a patient.	83425

Article IX	83426

(a) No provision of this compact except Article V shall apply	83427
to any person institutionalized while under sentence in a penal or	83428
correctional institution or while subject to trial on a criminal	83429
charge, or whose institutionalization is due to the commission of	83430
an offense for which, in the absence of mental illness or mental	83431
retardation, said person would be subject to incarceration in a	83432
penal or correctional institution.	83433

(b) To every extent possible, it shall be the policy of	83434
states party to this compact that no patient shall be placed or	83435
detained in any prison, jail or lockup, but such patient shall,	83436
with all expedition, be taken to a suitable institutional facility	83437
for mental illlness or mental retardation.	83438

Article X	83439

(a) Each party state shall appoint a "compact administrator"	83440
who, on behalf of his state, shall act as general coordinator of	83441
activities under the compact in his state and who shall receive	83442
copies of all reports, correspondence, and other documents	83443
relating to any patient processed under the compact by his state	83444
either in the capacity of sending or receiving state. The compact	83445
administrator or his duly designated representative shall be the	83446
official with whom other party states shall deal in any matter	83447
relating to the compact or any patient processed thereunder.	83448

(b) The compact administrators of the respective party states	83449
shall have power to promulgate reasonable rules and regulations to	83450
carry out more effectively the terms and provisions of this	83451
compact.	83452

Article XI	83453

The duly constituted administrative authorities of any two or	83454
more party states may enter into supplementary agreements for the	83455
provision of any service or facility or for the maintenance of any	83456
institution on a joint or cooperative basis whenever the states	83457
concerned shall find that such agreements will improve services,	83458
facilities, or institutional care and treatment in the fields of	83459
mental illness or mental retardation. No such supplementary	83460
agreement shall be construed so as to relieve any party state of	83461
any obligation which it otherwise would have under other	83462
provisions of this compact.	83463

Article XII	83464

This compact shall enter into full force and effect as to any	83465
state when enacted by it into law and such states shall thereafter	83466
be a party thereto with any and all states legally joining	83467
therein.	83468

Article XIII	83469

(a) A state party to this compact may withdraw therefrom by	83470
enacting a statute repealing the same. Such withdrawal shall take	83471
effect one year after notice thereof has been communicated	83472
officially and in writing to the governors and compact	83473
administrators of all other party states. However, the withdrawal	83474
of any state shall not change the status of any patient who has	83475
been sent to said state or sent out of said state pursuant to the	83476
provisions of the compact.	83477

(b) Withdrawal from any agreement permitted by Article VII	83478
(b) as to costs or from any supplementary agreement made pursuant	83479
to Article XI shall be in accordance with the terms of such	83480
agreement.	83481

Article XIV	83482

This compact shall be liberally construed so as to effectuate	83483
the purposes thereof. The provisions of this compact shall be	83484
severable and if any phrase, clause, sentence or provision of this	83485
compact is declared to be contrary to the constitution of any	83486
party state or of the United States or the applicability thereof	83487
to any government, agency, person or circumstance is held invalid,	83488
the validity of the remainder of this compact and the	83489
applicability thereof to any government, agency, person or	83490
circumstance shall not be affected thereby. If this compact shall	83491
be held contrary to the constitution of any state party thereto,	83492
the compact shall remain in full force and effect as to the	83493
remaining states and in full force and effect as to the state	83494
affected as to all severable matters.	83495

~~Sec. 5119.51.~~ Sec. 5119.71. Pursuant to Article X of the compact	83496
set forth in section ~~5119.50~~5119.70 of the Revised Code, the	83497
director of ~~mental health~~mental health and addiction services and	83498
the director of developmental disabilities each shall designate an	83499
officer who shall be the compact administrator for the department	83500
and who, acting jointly with like officers of other party states,	83501
shall adopt rules to carry out more effectively the terms of the	83502
compact. The compact administrators of each department shall serve	83503
subject to the pleasure of the governor and shall cooperate with	83504
all departments, agencies, and officers of and in the government	83505
of this state and its subdivisions in facilitating the proper	83506
administration of the compact or of any supplementary agreements	83507
entered into by this state thereunder.	83508

~~Sec. 5119.52.~~ Sec. 5119.72. The compact administrator may enter	83509
into supplementary agreements with appropriate officials of other	83510
states pursuant to articles VII and XI of the compact set forth in	83511
section ~~5119.50~~5119.70 of the Revised Code. In the event that	83512
such supplementary agreements require or contemplate the use of	83513
any institution or facility of this state or require or	83514
contemplate the provision of any service by this state, no such	83515
agreement shall have force or effect until approved by the head of	83516
the department or agency under whose jurisdiction the institution	83517
or facility is operated or whose department or agency will be	83518
charged with the rendering of such service.	83519

~~Sec. 5119.53.~~ Sec. 5119.73. Any payments necessary to discharge	83520
any financial obligations imposed upon the state of Ohio by the	83521
compact or by any supplementary agreement entered into thereunder,	83522
as provided in sections ~~5119.50~~5119.70 to ~~5119.52~~5119.72 of the	83523
Revised Code, shall be made from appropriated funds upon	83524
presentation to the director of budget and management of itemized	83525
vouchers approved by the compact administrator.	83526

~~Sec. 3793.31.~~ Sec. 5119.90. As used in sections ~~3793.31~~5119.90 to	83527
~~3793.39~~5119.98 of the Revised Code:	83528

(A) "Alcohol and other drug abuse" means alcoholism or drug	83529
addiction.	83530

(B) "Another drug" means a controlled substance as defined in	83531
section 3719.01 of the Revised Code or a harmful intoxicant as	83532
defined in section 2925.01 of the Revised Code.	83533

(C) "Board of alcohol, drug addiction, and mental health	83534
services" means a board of alcohol, drug addiction, and mental	83535
health services established under section 340.02 or 340.021 of the	83536
Revised Code.	83537

(D) "Danger" or "threat of danger to self, family, or others"	83538
means substantial physical harm or threat of substantial physical	83539
harm upon self, family, or others.	83540

(E) "Hospital" has the same meaning as in section 3701.01 or	83541
3727.01 of the Revised Code but does not include either a hospital	83542
operated by the department of ~~mental health~~mental health and	83543
addiction services or an inpatient unit licensed by the	83544
department.	83545

(F) "Intoxicated" means being under the influence of alcohol,	83546
another drug, or both alcohol and another drug and, as a result,	83547
having a significantly impaired ability to function.	83548

(G) "Petitioner" means a person who institutes a proceeding	83549
under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of the Revised	83550
Code.	83551

(H) "Probate court" means the probate division of the court	83552
of common pleas.	83553

(I) "Qualified health professional" means a person that is	83554
properly credentialed or licensed to conduct a drug and alcohol	83555
assessment and diagnosis under Ohio law.	83556

(J) "Residence" means the legal residence of a person as	83557
determined by applicable principles governing conflicts of law.	83558

(K) "Respondent" means a person alleged in a petition filed	83559
or hearing under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of	83560
the Revised Code to be a person who is suffering from alcohol and	83561
other drug abuse and who may be ordered under those sections to	83562
undergo treatment.	83563

(L) "Treatment" means services and programs for the care and	83564
rehabilitation of intoxicated persons and persons suffering from	83565
alcohol and other drug abuse. "Treatment" includes residential	83566
treatment, a halfway house setting, and an intensive outpatient or	83567
outpatient level of care.	83568

~~Sec. 3793.32.~~ Sec. 5119.91. A probate court may order involuntary	83569
treatment for a person suffering from alcohol and other drug abuse	83570
pursuant to the procedures set forth in sections ~~3793.31~~5119.90	83571
to ~~3793.39~~5119.98 of the Revised Code.	83572

~~Sec. 3793.33.~~ Sec. 5119.92. No person shall be ordered to undergo	83573
treatment under sections ~~3793.31~~5119.90 to ~~3793.39~~5119.98 of the	83574
Revised Code unless all of the following apply to that person:	83575

(A) The person suffers from alcohol and other drug abuse.

83576

(B) The person presents an imminent danger or imminent threat	83577
of danger to self, family, or others as a result of alcohol and	83578
other drug abuse, or there exists a substantial likelihood of such	83579
a threat in the near future.	83580

83581

~~Sec. 3793.34.~~ Sec. 5119.93. (A) A person may initiate proceedings	83582
for treatment for an individual suffering from alcohol and other	83583
drug abuse by filing a verified petition in the probate court and	83584
paying a filing fee in the same amount, if any, that is charged	83585
for the filing under section 5122.11 of the Revised Code of an	83586
affidavit seeking the hospitalization of a person. The petition	83587
and all subsequent court documents shall be entitled: "In the	83588
interest of (name of respondent)." A spouse, relative, or guardian	83589
of the individual concerning whom the petition is filed shall file	83590
the petition.	83591

(B) A petition filed under division (A) of this section shall	83592
set forth all of the following:	83593

(1) The petitioner's relationship to the respondent;

83594

(2) The respondent's name, residence address, and current	83595
location, if known;	83596

(3) The name and residence of the respondent's parents, if	83597
living and if known, or of the respondent's legal guardian, if any	83598
and if known;	83599

(4) The name and residence of the respondent's spouse, if any	83600
and if known;	83601

(5) The name and residence of the person having custody of	83602
the respondent, if any, or if no such person is known, the name	83603
and residence of a near relative or a statement that the person is	83604
unknown;	83605

(6) The petitioner's belief, including the factual basis for	83606
the belief, that the respondent is suffering from alcohol and	83607
other drug abuse and presents an imminent danger or imminent	83608
threat of danger to self, family, or others if not treated for	83609
alcohol or other drug abuse.	83610

(C)(1) Any petition filed pursuant to divisions (A) and (B)	83611
of this section shall be accompanied by a certificate of a	83612
physician who has examined the respondent within two days prior to	83613
the day that the petition is filed in the probate court. The	83614
physician shall be authorized to practice medicine and surgery or	83615
osteopathic medicine and surgery under Chapter 4731. of the	83616
Revised Code. The physician's certificate shall set forth the	83617
physician's findings in support of the need to treat the	83618
respondent for alcohol or other drug abuse. The certificate shall	83619
indicate if the respondent presents an imminent danger or imminent	83620
threat of danger to self, family, or others if not treated.	83621
Further, the certificate shall indicate the type and length of	83622
treatment required and if the respondent can reasonably benefit	83623
from treatment. If the physician's certificate indicates that	83624
inpatient treatment is required, the certificate shall identify	83625
any inpatient facilities known to the physician that are able and	83626
willing to provide the recommended inpatient treatment.	83627

If the respondent refuses to undergo an examination with a	83628
physician concerning the respondent's possible need for treatment	83629
for alcohol or other drug abuse, the petition shall state that the	83630
respondent has refused all requests made by the petitioner to	83631
undergo a physician's examination. In that case, the petitioner	83632
shall not be required to provide a physician's certificate with	83633
the petition.	83634

(2) Any petition filed pursuant to divisions (A) and (B) of	83635
this section shall contain a statement that the petitioner has	83636
arranged for treatment of the respondent. Further, the petition	83637
shall be accompanied by a statement from the person or facility	83638
who has agreed to provide the treatment that verifies that the	83639
person or facility has agreed to provide the treatment and the	83640
estimated cost of the treatment.	83641

(D) Any petition filed pursuant to divisions (A) and (B) of	83642
this section shall be accompanied by both of the following:	83643

(1) A security deposit to be deposited with the clerk of the	83644
probate court that will cover half of the estimated cost of	83645
treatment of the respondent;	83646

(2) A guarantee, signed by the petitioner or another person	83647
authorized to file the petition obligating the guarantor to pay	83648
the costs of the examinations of the respondent conducted by the	83649
physician and qualified health professional under division (B)(5)	83650
of section ~~3793.35~~5119.94 of the Revised Code, the costs of the	83651
respondent that are associated with a hearing conducted in	83652
accordance with section ~~3793.35~~5119.94 of the Revised Code and	83653
that the court determines to be appropriate, and the costs of any	83654
treatment ordered by the court.	83655

~~Sec. 3793.35.~~ Sec. 5119.94. (A) Upon receipt of a petition filed	83656
under section ~~3793.34~~5119.93 of the Revised Code and the payment	83657
of the appropriate filing fee, if any, the probate court shall	83658
examine the petitioner under oath as to the contents of the	83659
petition.	83660

(B) If, after reviewing the allegations contained in the	83661
petition and examining the petitioner under oath, it appears to	83662
the probate court that there is probable cause to believe the	83663
respondent may reasonably benefit from treatment, the court shall	83664
do all of the following:	83665

(1) Schedule a hearing to be held within seven days to	83666
determine if there is clear and convincing evidence that the	83667
respondent may reasonably benefit from treatment for alcohol and	83668
other drug abuse;	83669

(2) Notify the respondent, the legal guardian, if any and if	83670
known, and the spouse, parents, or nearest relative or friend of	83671
the respondent concerning the allegations and contents of the	83672
petition and of the date and purpose of the hearing;	83673

(3) Notify the respondent that the respondent may retain	83674
counsel and, if the person is unable to obtain an attorney, that	83675
the respondent may be represented by court-appointed counsel at	83676
public expense if the person is indigent. Upon the appointment of	83677
an attorney to represent an indigent respondent, the court shall	83678
notify the respondent of the name, address, and telephone number	83679
of the attorney appointed to represent the respondent.	83680

(4) Notify the respondent that the court shall cause the	83681
respondent to be examined not later than twenty-four hours before	83682
the hearing date by a physician for the purpose of a physical	83683
examination and by a qualified health professional for the purpose	83684
of a drug and alcohol addiction assessment and diagnosis. In	83685
addition, the court shall notify the respondent that the	83686
respondent may have an independent expert evaluation of the	83687
person's physical and mental condition conducted at the	83688
respondent's own expense.	83689

(5) Cause the respondent to be examined not later than	83690
twenty-four hours before the hearing date by a physician for the	83691
purpose of a physical examination and by a qualified health	83692
professional for the purpose of a drug and alcohol addiction	83693
assessment and diagnosis;	83694

(6) Conduct the hearing.

83695

(C) The physician and qualified health professional who	83696
examine the respondent pursuant to division (B)(5) of this section	83697
or who are obtained by the respondent at the respondent's own	83698
expense shall certify their findings to the court within	83699
twenty-four hours of the examinations. The findings of each	83700
qualified health professional shall include a recommendation for	83701
treatment if the qualified health professional determines that	83702
treatment is necessary.	83703

(D)(1) If upon completion of the hearing held under this	83704
section the probate court finds by clear and convincing evidence	83705
that the respondent may reasonably benefit from treatment, the	83706
court may order the treatment after considering the qualified	83707
health professionals' recommendations for treatment that have been	83708
submitted to the court under division (C) of this section. If the	83709
court orders the treatment under this division, the court shall	83710
order the treatment to be provided through ~~an alcohol and drug~~a	83711
community addiction ~~program~~services provider certified under	83712
section ~~3793.06~~5119.36 of the Revised Code or by an individual	83713
licensed or certified by the state medical board under Chapter	83714
4731. of the Revised Code, the chemical dependency professionals	83715
board under Chapter 4758. of the Revised Code, the counselor,	83716
social worker, and marriage and family therapist board under	83717
Chapter 4757. of the Revised Code, or a similar board of another	83718
state authorized to provide substance abuse treatment.	83719

(2) Failure of a respondent to undergo and complete any	83720
treatment ordered pursuant to this division is contempt of court.	83721
Any alcohol and drug addiction program or person providing	83722
treatment under this division shall notify the probate court of a	83723
respondent's failure to undergo or complete the ordered treatment.	83724

(E) If, at any time after a petition is filed under section	83725
~~3793.34~~5119.93 of the Revised Code, the probate court finds that	83726
there is not probable cause to continue treatment or if the	83727
petitioner withdraws the petition, then the court shall dismiss	83728
the proceedings against the respondent.	83729

~~Sec. 3793.36.~~ Sec. 5119.95. (A) Following an examination by a	83730
qualified health professional and a certification by that	83731
professional that the person meets the criteria specified in	83732
section ~~3793.33~~5119.92 of the Revised Code, a probate court may	83733
order the person hospitalized for a period not to exceed	83734
seventy-two hours if the court finds by clear and convincing	83735
evidence that the person presents an imminent threat of danger to	83736
self, family, or others as a result of alcohol and other drug	83737
abuse. However, if the hearing to be held under section ~~3793.35~~	83738
5119.94 of the Revised Code will not be held within seventy-two	83739
hours, the court may order the person hospitalized until the	83740
hearing. In making its order, the court shall inform the person	83741
that the person may immediately make a reasonable number of	83742
telephone calls or use other reasonable means to contact an	83743
attorney, a licensed physician, or a qualified health	83744
professional, to contact any other person or persons to secure	83745
representation by counsel, or to obtain medical or psychological	83746
assistance and that the person will be provided assistance in	83747
making calls if the assistance is needed and requested.	83748

(B) Any person who has been admitted to a hospital under	83749
division (A) of this section shall be released from the hospital	83750
immediately upon the expiration of the time period established by	83751
the court for the hospitalization.	83752

(C) No person ordered hospitalized under this section shall	83753
be held in jail pending transportation to the hospital or	83754
evaluation unless the probate court previously has found the	83755
person to be in contempt of court for either failure to undergo	83756
treatment or failure to appear at the evaluation ordered pursuant	83757
to section ~~3793.35~~5119.94 of the Revised Code.	83758

~~Sec. 3793.37.~~ Sec. 5119.96. When a probate court is authorized to	83759
issue an order that the respondent be transported to a hospital,	83760
the court may issue a summons. If the respondent fails to attend	83761
an examination scheduled before the hearing under section ~~3793.35~~	83762
5119.94 of the Revised Code, the court shall issue a summons. A	83763
summons so issued shall be directed to the respondent and shall	83764
command the respondent to appear at a time and place specified in	83765
the summons. If a respondent who has been summoned fails to appear	83766
at the hospital or the examination, the probate court may order	83767
the sheriff or any other peace officer to transport the respondent	83768
to a hospital on the list provided under section ~~3793.38~~5119.97	83769
of the Revised Code for treatment. The sheriff or any other peace	83770
officer, upon agreement of a person authorized by the peace	83771
officer, may authorize a board of alcohol, drug addiction, and	83772
mental health services, a private ~~agency~~services provider under	83773
contract with a board of alcohol, drug addiction, and mental	83774
health services, or an ambulance service designated by a board of	83775
alcohol, drug addiction, and mental health services to transport	83776
the respondent to the hospital. The transportation costs of the	83777
sheriff, other peace officer, ambulance service, or other private	83778
~~agency~~services provider under contract with the board of alcohol,	83779
drug addiction, and mental health services shall be included in	83780
the costs of treatment for alcohol and other drug abuse to be paid	83781
by the petitioner.	83782

~~Sec. 3793.38.~~ Sec. 5119.97. Each board of alcohol, drug addiction,	83783
and mental health services on at least an annual basis shall	83784
submit each of the following lists to the clerk of the probate	83785
court in each county served by the board:	83786

(A) A list of all hospitals in the counties served by the	83787
board that are able and willing to take respondents ordered to	83788
undergo seventy-two hours of treatment and observation pursuant to	83789
section ~~3793.36~~5119.95 of the Revised Code;	83790

(B) A list of hospitals and treatment providers in the	83791
counties served by the board that are able and willing to provide	83792
treatment for alcohol and other drug abuse ordered pursuant to	83793
section ~~3793.35~~5119.94 of the Revised Code.	83794

~~Sec. 3793.39.~~ Sec. 5119.98. Sections ~~3793.12, 3793.13~~5119.26,	83795
5119.27, and ~~3793.14~~5119.61 of the Revised Code apply to a person	83796
who is ordered to undergo treatment under sections ~~3793.31 to~~	83797
~~3793.39~~5119.90 to 5119.98 of the Revised Code.	83798

Sec. 5119.99. (A) Whoever violates section ~~5119.21~~5119.333	83799
of the Revised Code is guilty of a misdemeanor of the first	83800
degree.	83801

(B) Whoever violates division (B) of section 5119.61 of the	83802
Revised Code is guilty of a misdemeanor of the fourth degree.	83803

(C) Whoever violates section 5119.27 or 5119.28 of the	83804
Revised Code is guilty of a felony of the fifth degree.	83805

Sec. 5120.07. (A) There is hereby created the ex-offender	83806
reentry coalition consisting of the following ~~eighteen~~seventeen	83807
members or their designees:	83808

(1) The director of rehabilitation and correction;

83809

(2) The director of aging;

83810

(3) The director of ~~alcohol and drug addiction services~~	83811
mental health and addiction services;	83812

(4) The director of development services;

83813

(5) The superintendent of public instruction;

83814

(6) The director of health;

83815

(7) The director of job and family services;

83816

(8) ~~The director of mental health;~~

83817

~~(9)~~ The director of developmental disabilities;

83818

~~(10)~~(9) The director of public safety;

83819

~~(11)~~(10) The director of youth services;

83820

~~(12)~~(11) The chancellor of the Ohio board of regents;

83821

~~(13)~~(12) A representative or member of the governor's staff;

83822

~~(14)~~(13) The director of the rehabilitation services	83823
commission;	83824

~~(15)~~(14) The director of the department of commerce;

83825

~~(16)~~(15) The executive director of a health care licensing	83826
board created under Title XLVII of the Revised Code, as appointed	83827
by the chairperson of the coalition;	83828

~~(17)~~(16) The director of veterans services;

83829

~~(18)~~(17) An ex-offender appointed by the director of	83830
rehabilitation and correction.	83831

(B) The members of the coalition shall serve without	83832
compensation. The director of rehabilitation and correction or the	83833
director's designee shall be the chairperson of the coalition.	83834

(C) In consultation with persons interested and involved in	83835
the reentry of ex-offenders into the community, including but not	83836
limited to, services providers, community-based organizations, and	83837
local governments, the coalition shall identify and examine social	83838
service barriers and other obstacles to the reentry of	83839
ex-offenders into the community. Not later than one year after	83840
April 7, 2009, and on or before the same date of each year	83841
thereafter, the coalition shall submit to the speaker of the house	83842
of representatives and the president of the senate a report,	83843
including recommendations for legislative action, the activities	83844
of the coalition, and the barriers affecting the successful	83845
reentry of ex-offenders into the community. The report shall	83846
analyze the effects of those barriers on ex-offenders and on their	83847
children and other family members in various areas, including but	83848
not limited to, the following:	83849

(1) Admission to public and other housing;

83850

(2) Child support obligations and procedures;

83851

(3) Parental incarceration and family reunification;

83852

(4) Social security benefits, veterans' benefits, food	83853
stamps, and other forms of public assistance;	83854

(5) Employment;

83855

(6) Education programs and financial assistance;

83856

(7) Substance abuse~~, mental health,~~ and sex offender	83857
treatment programs and financial assistance and mental health	83858
services and financial assistance;	83859

(8) Civic and political participation;

83860

(9) Other collateral consequences under the Revised Code or	83861
the Ohio administrative code law that may result from a criminal	83862
conviction.	83863

(D)(1) The report shall also include the following	83864
information:	83865

(a) Identification of state appropriations for reentry	83866
programs;	83867

(b) Identification of other funding sources for reentry	83868
programs that are not funded by the state;	83869

(2) The coalition shall gather information about reentry	83870
programs in a repository maintained and made available by the	83871
coalition. Where available, the information shall include the	83872
following:	83873

(a) The amount of funding received;

83874

(b) The number of program participants;

83875

(c) The composition of the program, including program goals,	83876
methods for measuring success, and program success rate;	83877

(d) The type of post-program tracking that is utilized;

83878

(e) Information about employment rates and recidivism rates	83879
of ex-offenders.	83880

(E) The coalition shall cease to exist on December 31, 2014.

83881

Sec. 5120.09. Under the supervision and control of the	83882
director of rehabilitation and correction, the division of	83883
business administration shall do all of the following:	83884

(A) Submit the budgets for the several divisions of the	83885
department of rehabilitation and correction, as prepared by the	83886
respective chiefs of those divisions, to the director. The	83887
director, with the assistance of the chief of the division of	83888
business administration, shall compile a departmental budget that	83889
contains all proposals submitted by the chiefs of the divisions	83890
and shall forward the departmental budget to the governor with	83891
comments and recommendations that the director considers	83892
necessary.	83893

(B) Maintain accounts and records and compile statistics that	83894
the director prescribes;	83895

(C) Under the control of the director, coordinate and make	83896
the necessary purchases and requisitions for the department and	83897
its divisions, except when goods and services are provided to the	83898
department as described in section ~~5119.16~~5119.44 of the Revised	83899
Code;	83900

(D) Administer within this state federal criminal justice	83901
acts that the governor requires the department to administer. In	83902
order to improve the criminal justice system of this state, the	83903
division of business administration shall apply for, allocate,	83904
disburse, and account for grants that are made available pursuant	83905
to those federal criminal justice acts and grants that are made	83906
available from other federal government sources, state government	83907
sources, or private sources. As used in this division, "criminal	83908
justice system" and "federal criminal justice acts" have the same	83909
meanings as in section 5502.61 of the Revised Code.	83910

(E) Audit the activities of governmental entities, persons as	83911
defined in section 1.59 of the Revised Code, and other types of	83912
nongovernmental entities that are financed in whole or in part by	83913
funds that the department allocates or disburses and that are	83914
derived from grants described in division (D) of this section;	83915

(F) Enter into contracts, including contracts with federal,	83916
state, or local governmental entities, persons as defined in	83917
section 1.59 of the Revised Code, foundations, and other types of	83918
nongovernmental entities, that are necessary for the department to	83919
carry out its duties and that neither the director nor another	83920
section of the Revised Code authorizes another division of the	83921
department to enter;	83922

(G) Exercise other powers and perform other duties that the	83923
director may assign to the division of business administration.	83924

Sec. 5120.135. (A) As used in this section, "laboratory	83925
services" includes the performance of medical laboratory analysis;	83926
professional laboratory and pathologist consultation; the	83927
procurement, storage, and distribution of laboratory supplies; and	83928
the performance of phlebotomy services.	83929

(B) The department of rehabilitation and correction may	83930
provide laboratory services to the departments of ~~mental health~~	83931
mental health and addiction services, developmental disabilities,	83932
youth services, and rehabilitation and correction. The department	83933
of rehabilitation and correction may also provide laboratory	83934
services to other state, county, or municipal agencies and to	83935
private persons that request laboratory services if the department	83936
of rehabilitation and correction determines that the provision of	83937
laboratory services is in the public interest and considers it	83938
advisable to provide such services. The department of	83939
rehabilitation and correction may also provide laboratory services	83940
to agencies operated by the United States government and to public	83941
and private entities funded in whole or in part by the state if	83942
the director of rehabilitation and correction designates them as	83943
eligible to receive such services.	83944

The department of rehabilitation and correction shall provide	83945
laboratory services from a laboratory that complies with the	83946
standards for certification set by the United States department of	83947
health and human services under the "Clinical Laboratory	83948
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	83949
In addition, the laboratory shall maintain accreditation or	83950
certification with an appropriate accrediting or certifying	83951
organization as considered necessary by the recipients of its	83952
laboratory services and as authorized by the director of	83953
rehabilitation and correction.	83954

(C) The cost of administering this section shall be	83955
determined by the department of rehabilitation and correction and	83956
shall be paid by entities that receive laboratory services to the	83957
department for deposit in the state treasury to the credit of the	83958
laboratory services fund, which is hereby created. The fund shall	83959
be used to pay the costs the department incurs in administering	83960
this section.	83961

(D) Whenever a state agency fails to make a payment for	83962
laboratory services provided to it by the department of	83963
rehabilitation and correction under this section within thirty-one	83964
days after the date the payment was due, the office of budget and	83965
management may transfer moneys from that state agency to the	83966
department of rehabilitation and correction for deposit to the	83967
credit of the laboratory services fund. The amount transferred	83968
shall not exceed the amount of the overdue payments. Prior to	83969
making a transfer under this division, the office shall apply any	83970
credits the state agency has accumulated in payment for laboratory	83971
services provided under this section.	83972

Sec. 5120.17. (A) As used in this section:

83973

(1) "Mental illness" means a substantial disorder of thought,	83974
mood, perception, orientation, or memory that grossly impairs	83975
judgment, behavior, capacity to recognize reality, or ability to	83976
meet the ordinary demands of life.	83977

(2) "Mentally ill person subject to hospitalization" means a	83978
mentally ill person to whom any of the following applies because	83979
of the person's mental illness:	83980

(a) The person represents a substantial risk of physical harm	83981
to the person as manifested by evidence of threats of, or attempts	83982
at, suicide or serious self-inflicted bodily harm.	83983

(b) The person represents a substantial risk of physical harm	83984
to others as manifested by evidence of recent homicidal or other	83985
violent behavior, evidence of recent threats that place another in	83986
reasonable fear of violent behavior and serious physical harm, or	83987
other evidence of present dangerousness.	83988

(c) The person represents a substantial and immediate risk of	83989
serious physical impairment or injury to the person as manifested	83990
by evidence that the person is unable to provide for and is not	83991
providing for the person's basic physical needs because of the	83992
person's mental illness and that appropriate provision for those	83993
needs cannot be made immediately available in the correctional	83994
institution in which the inmate is currently housed.	83995

(d) The person would benefit from treatment in a hospital for	83996
the person's mental illness and is in need of treatment in a	83997
hospital as manifested by evidence of behavior that creates a	83998
grave and imminent risk to substantial rights of others or the	83999
person.	84000

(3) "Psychiatric hospital" means all or part of a facility	84001
that is operated and managed by the department of ~~mental health~~	84002
mental health and addiction services to provide psychiatric	84003
hospitalization services in accordance with the requirements of	84004
this section pursuant to an agreement between the directors of	84005
rehabilitation and correction and ~~mental health~~mental health and	84006
addiction services or, is licensed by the department of ~~mental~~	84007
~~health~~mental health and addiction services pursuant to section	84008
~~5119.20~~5119.33 of the Revised Code as a psychiatric hospital and	84009
is accredited by a healthcare accrediting organization approved by	84010
the department of ~~mental health~~mental health and addiction	84011
services and the psychiatric hospital is any of the following:	84012

(a) Operated and managed by the department of rehabilitation	84013
and correction within a facility that is operated by the	84014
department of rehabilitation and correction;	84015

(b) Operated and managed by a contractor for the department	84016
of rehabilitation and correction within a facility that is	84017
operated by the department of rehabilitation and correction;	84018

(c) Operated and managed in the community by an entity that	84019
has contracted with the department of rehabilitation and	84020
correction to provide psychiatric hospitalization services in	84021
accordance with the requirements of this section.	84022

(4) "Inmate patient" means an inmate who is admitted to a	84023
psychiatric hospital.	84024

(5) "Admitted" to a psychiatric hospital means being accepted	84025
for and staying at least one night at the psychiatric hospital.	84026

(6) "Treatment plan" means a written statement of reasonable	84027
objectives and goals for an inmate patient that is based on the	84028
needs of the inmate patient and that is established by the	84029
treatment team, with the active participation of the inmate	84030
patient and with documentation of that participation. "Treatment	84031
plan" includes all of the following:	84032

(a) The specific criteria to be used in evaluating progress	84033
toward achieving the objectives and goals;	84034

(b) The services to be provided to the inmate patient during	84035
the inmate patient's hospitalization;	84036

(c) The services to be provided to the inmate patient after	84037
discharge from the hospital, including, but not limited to,	84038
housing and mental health services provided at the state	84039
correctional institution to which the inmate patient returns after	84040
discharge or community mental health services.	84041

(7) "Mentally retarded person subject to institutionalization	84042
by court order" has the same meaning as in section 5123.01 of the	84043
Revised Code.	84044

(8) "Emergency transfer" means the transfer of a mentally ill	84045
inmate to a psychiatric hospital when the inmate presents an	84046
immediate danger to self or others and requires hospital-level	84047
care.	84048

(9) "Uncontested transfer" means the transfer of a mentally	84049
ill inmate to a psychiatric hospital when the inmate has the	84050
mental capacity to, and has waived, the hearing required by	84051
division (B) of this section.	84052

(10)(a) "Independent decision-maker" means a person who is	84053
employed or retained by the department of rehabilitation and	84054
correction and is appointed by the chief or chief clinical officer	84055
of mental health services as a hospitalization hearing officer to	84056
conduct due process hearings.	84057

(b) An independent decision-maker who presides over any	84058
hearing or issues any order pursuant to this section shall be a	84059
psychiatrist, psychologist, or attorney, shall not be specifically	84060
associated with the institution in which the inmate who is the	84061
subject of the hearing or order resides at the time of the hearing	84062
or order, and previously shall not have had any treatment	84063
relationship with nor have represented in any legal proceeding the	84064
inmate who is the subject of the order.	84065

(B)(1) Except as provided in division (C) of this section, if	84066
the warden of a state correctional institution or the warden's	84067
designee believes that an inmate should be transferred from the	84068
institution to a psychiatric hospital, the department shall hold a	84069
hearing to determine whether the inmate is a mentally ill person	84070
subject to hospitalization. The department shall conduct the	84071
hearing at the state correctional institution in which the inmate	84072
is confined, and the department shall provide qualified	84073
independent assistance to the inmate for the hearing. An	84074
independent decision-maker provided by the department shall	84075
preside at the hearing and determine whether the inmate is a	84076
mentally ill person subject to hospitalization.	84077

(2) Except as provided in division (C) of this section, prior	84078
to the hearing held pursuant to division (B)(1) of this section,	84079
the warden or the warden's designee shall give written notice to	84080
the inmate that the department is considering transferring the	84081
inmate to a psychiatric hospital, that it will hold a hearing on	84082
the proposed transfer at which the inmate may be present, that at	84083
the hearing the inmate has the rights described in division (B)(3)	84084
of this section, and that the department will provide qualified	84085
independent assistance to the inmate with respect to the hearing.	84086
The department shall not hold the hearing until the inmate has	84087
received written notice of the proposed transfer and has had	84088
sufficient time to consult with the person appointed by the	84089
department to provide assistance to the inmate and to prepare for	84090
a presentation at the hearing.	84091

(3) At the hearing held pursuant to division (B)(1) of this	84092
section, the department shall disclose to the inmate the evidence	84093
that it relies upon for the transfer and shall give the inmate an	84094
opportunity to be heard. Unless the independent decision-maker	84095
finds good cause for not permitting it, the inmate may present	84096
documentary evidence and the testimony of witnesses at the hearing	84097
and may confront and cross-examine witnesses called by the	84098
department.	84099

(4) If the independent decision-maker does not find clear and	84100
convincing evidence that the inmate is a mentally ill person	84101
subject to hospitalization, the department shall not transfer the	84102
inmate to a psychiatric hospital but shall continue to confine the	84103
inmate in the same state correctional institution or in another	84104
state correctional institution that the department considers	84105
appropriate. If the independent decision-maker finds clear and	84106
convincing evidence that the inmate is a mentally ill person	84107
subject to hospitalization, the decision-maker shall order that	84108
the inmate be transported to a psychiatric hospital for	84109
observation and treatment for a period of not longer than thirty	84110
days. After the hearing, the independent decision-maker shall	84111
submit to the department a written decision that states one of the	84112
findings described in division (B)(4) of this section, the	84113
evidence that the decision-maker relied on in reaching that	84114
conclusion, and, if the decision is that the inmate should be	84115
transferred, the reasons for the transfer.	84116

(C)(1) The department may transfer an inmate to a psychiatric	84117
hospital under an emergency transfer order if the chief clinical	84118
officer of mental health services of the department or that	84119
officer's designee and either a psychiatrist employed or retained	84120
by the department or, in the absence of a psychiatrist, a	84121
psychologist employed or retained by the department determines	84122
that the inmate is mentally ill, presents an immediate danger to	84123
self or others, and requires hospital-level care.	84124

(2) The department may transfer an inmate to a psychiatric	84125
hospital under an uncontested transfer order if both of the	84126
following apply:	84127

(a) A psychiatrist employed or retained by the department	84128
determines all of the following apply:	84129

(i) The inmate has a mental illness or is a mentally ill	84130
person subject to hospitalization.	84131

(ii) The inmate requires hospital care to address the mental	84132
illness.	84133

(iii) The inmate has the mental capacity to make a reasoned	84134
choice regarding the inmate's transfer to a hospital.	84135

(b) The inmate agrees to a transfer to a hospital.

84136

(3) The written notice and the hearing required under	84137
divisions (B)(1) and (2) of this section are not required for an	84138
emergency transfer or uncontested transfer under division (C)(1)	84139
or (2) of this section.	84140

(4) After an emergency transfer under division (C)(1) of this	84141
section, the department shall hold a hearing for continued	84142
hospitalization within five working days after admission of the	84143
transferred inmate to the psychiatric hospital. The department	84144
shall hold subsequent hearings pursuant to division (F) of this	84145
section at the same intervals as required for inmate patients who	84146
are transported to a psychiatric hospital under division (B)(4) of	84147
this section.	84148

(5) After an uncontested transfer under division (C)(2) of	84149
this section, the inmate may withdraw consent to the transfer in	84150
writing at any time. Upon the inmate's withdrawal of consent, the	84151
hospital shall discharge the inmate, or, within five working days,	84152
the department shall hold a hearing for continued hospitalization.	84153
The department shall hold subsequent hearings pursuant to division	84154
(F) of this section at the same time intervals as required for	84155
inmate patients who are transported to a psychiatric hospital	84156
under division (B)(4) of this section.	84157

(D)(1) If an independent decision-maker, pursuant to division	84158
(B)(4) of this section, orders an inmate transported to a	84159
psychiatric hospital or if an inmate is transferred pursuant to	84160
division (C)(1) or (2) of this section, the staff of the	84161
psychiatric hospital shall examine the inmate patient when	84162
admitted to the psychiatric hospital as soon as practicable after	84163
the inmate patient arrives at the hospital and no later than	84164
twenty-four hours after the time of arrival. The attending	84165
physician responsible for the inmate patient's care shall give the	84166
inmate patient all information necessary to enable the patient to	84167
give a fully informed, intelligent, and knowing consent to the	84168
treatment the inmate patient will receive in the hospital. The	84169
attending physician shall tell the inmate patient the expected	84170
physical and medical consequences of any proposed treatment and	84171
shall give the inmate patient the opportunity to consult with	84172
another psychiatrist at the hospital and with the inmate advisor.	84173

(2) No inmate patient who is transported or transferred	84174
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	84175
psychiatric hospital within a facility that is operated by the	84176
department of rehabilitation and correction shall be subjected to	84177
any of the following procedures:	84178

(a) Convulsive therapy;

84179

(b) Major aversive interventions;

84180

84181

(d) Psychosurgery.

84182

(E) The department of rehabilitation and correction shall	84183
ensure that an inmate patient hospitalized pursuant to this	84184
section receives or has all of the following:	84185

(1) Receives sufficient professional care within twenty days	84186
of admission to ensure that an evaluation of the inmate patient's	84187
current status, differential diagnosis, probable prognosis, and	84188
description of the current treatment plan have been formulated and	84189
are stated on the inmate patient's official chart;	84190

(2) Has a written treatment plan consistent with the	84191
evaluation, diagnosis, prognosis, and goals of treatment;	84192

(3) Receives treatment consistent with the treatment plan;

84193

(4) Receives periodic reevaluations of the treatment plan by	84194
the professional staff at intervals not to exceed thirty days;	84195

(5) Is provided with adequate medical treatment for physical	84196
disease or injury;	84197

(6) Receives humane care and treatment, including, without	84198
being limited to, the following:	84199

(a) Access to the facilities and personnel required by the	84200
treatment plan;	84201

(b) A humane psychological and physical environment;

84202

(c) The right to obtain current information concerning the	84203
treatment program, the expected outcomes of treatment, and the	84204
expectations for the inmate patient's participation in the	84205
treatment program in terms that the inmate patient reasonably can	84206
understand;	84207

(d) Opportunity for participation in programs designed to	84208
help the inmate patient acquire the skills needed to work toward	84209
discharge from the psychiatric hospital;	84210

(e) The right to be free from unnecessary or excessive	84211
medication and from unnecessary restraints or isolation;	84212

(f) All other rights afforded inmates in the custody of the	84213
department consistent with rules, policy, and procedure of the	84214
department.	84215

(F) The department shall hold a hearing for the continued	84216
hospitalization of an inmate patient who is transported or	84217
transferred to a psychiatric hospital pursuant to division (B)(4)	84218
or (C)(1) of this section prior to the expiration of the initial	84219
thirty-day period of hospitalization. The department shall hold	84220
any subsequent hearings, if necessary, not later than ninety days	84221
after the first thirty-day hearing and then not later than each	84222
one hundred and eighty days after the immediately prior hearing.	84223
An independent decision-maker shall conduct the hearings at the	84224
psychiatric hospital in which the inmate patient is confined. The	84225
inmate patient shall be afforded all of the rights set forth in	84226
this section for the hearing prior to transfer to the psychiatric	84227
hospital. The department may not waive a hearing for continued	84228
commitment. A hearing for continued commitment is mandatory for an	84229
inmate patient transported or transferred to a psychiatric	84230
hospital pursuant to division (B)(4) or (C)(1) of this section	84231
unless the inmate patient has the capacity to make a reasoned	84232
choice to execute a waiver and waives the hearing in writing. An	84233
inmate patient who is transferred to a psychiatric hospital	84234
pursuant to an uncontested transfer under division (C)(2) of this	84235
section and who has scheduled hearings after withdrawal of consent	84236
for hospitalization may waive any of the scheduled hearings if the	84237
inmate has the capacity to make a reasoned choice and executes a	84238
written waiver of the hearing.	84239

If upon completion of the hearing the independent	84240
decision-maker does not find by clear and convincing evidence that	84241
the inmate patient is a mentally ill person subject to	84242
hospitalization, the independent decision-maker shall order the	84243
inmate patient's discharge from the psychiatric hospital. If the	84244
independent decision-maker finds by clear and convincing evidence	84245
that the inmate patient is a mentally ill person subject to	84246
hospitalization, the independent decision-maker shall order that	84247
the inmate patient remain at the psychiatric hospital for	84248
continued hospitalization until the next required hearing.	84249

If at any time prior to the next required hearing for	84250
continued hospitalization, the medical director of the hospital or	84251
the attending physician determines that the treatment needs of the	84252
inmate patient could be met equally well in an available and	84253
appropriate less restrictive state correctional institution or	84254
unit, the medical director or attending physician may discharge	84255
the inmate to that facility.	84256

(G) An inmate patient is entitled to the credits toward the	84257
reduction of the inmate patient's stated prison term pursuant to	84258
Chapters 2967. and 5120. of the Revised Code under the same terms	84259
and conditions as if the inmate patient were in any other	84260
institution of the department of rehabilitation and correction.	84261

(H) The adult parole authority may place an inmate patient on	84262
parole or under post-release control directly from a psychiatric	84263
hospital.	84264

(I) If an inmate patient who is a mentally ill person subject	84265
to hospitalization is to be released from a psychiatric hospital	84266
because of the expiration of the inmate patient's stated prison	84267
term, the director of rehabilitation and correction or the	84268
director's designee, at least fourteen days before the expiration	84269
date, may file an affidavit under section 5122.11 or 5123.71 of	84270
the Revised Code with the probate court in the county where the	84271
psychiatric hospital is located or the probate court in the county	84272
where the inmate will reside, alleging that the inmate patient is	84273
a mentally ill person subject to hospitalization by court order or	84274
a mentally retarded person subject to institutionalization by	84275
court order, whichever is applicable. The proceedings in the	84276
probate court shall be conducted pursuant to Chapter 5122. or	84277
5123. of the Revised Code except as modified by this division.	84278

Upon the request of the inmate patient, the probate court	84279
shall grant the inmate patient an initial hearing under section	84280
5122.141 of the Revised Code or a probable cause hearing under	84281
section 5123.75 of the Revised Code before the expiration of the	84282
stated prison term. After holding a full hearing, the probate	84283
court shall make a disposition authorized by section 5122.15 or	84284
5123.76 of the Revised Code before the date of the expiration of	84285
the stated prison term. No inmate patient shall be held in the	84286
custody of the department of rehabilitation and correction past	84287
the date of the expiration of the inmate patient's stated prison	84288
term.	84289

(J) The department of rehabilitation and correction shall set	84290
standards for treatment provided to inmate patients.	84291

(K) A certificate, application, record, or report that is	84292
made in compliance with this section and that directly or	84293
indirectly identifies an inmate or former inmate whose	84294
hospitalization has been sought under this section is	84295
confidential. No person shall disclose the contents of any	84296
certificate, application, record, or report of that nature or any	84297
other psychiatric or medical record or report regarding a mentally	84298
ill inmate unless one of the following applies:	84299

(1) The person identified, or the person's legal guardian, if	84300
any, consents to disclosure, and the chief clinical officer or	84301
designee of mental health services of the department of	84302
rehabilitation and correction determines that disclosure is in the	84303
best interests of the person.	84304

(2) Disclosure is required by a court order signed by a	84305
judge.	84306

(3) An inmate patient seeks access to the inmate patient's	84307
own psychiatric and medical records, unless access is specifically	84308
restricted in the treatment plan for clear treatment reasons.	84309

(4) Hospitals and other institutions and facilities within	84310
the department of rehabilitation and correction may exchange	84311
psychiatric records and other pertinent information with other	84312
hospitals, institutions, and facilities of the department, but the	84313
information that may be released about an inmate patient is	84314
limited to medication history, physical health status and history,	84315
summary of course of treatment in the hospital, summary of	84316
treatment needs, and a discharge summary, if any.	84317

(5) An inmate patient's family member who is involved in	84318
planning, providing, and monitoring services to the inmate patient	84319
may receive medication information, a summary of the inmate	84320
patient's diagnosis and prognosis, and a list of the services and	84321
personnel available to assist the inmate patient and family if the	84322
attending physician determines that disclosure would be in the	84323
best interest of the inmate patient. No disclosure shall be made	84324
under this division unless the inmate patient is notified of the	84325
possible disclosure, receives the information to be disclosed, and	84326
does not object to the disclosure.	84327

(6) The department of rehabilitation and correction may	84328
exchange psychiatric hospitalization records, other mental health	84329
treatment records, and other pertinent information with county	84330
sheriffs' offices, hospitals, institutions, and facilities of the	84331
department of ~~mental health~~mental health and addiction services	84332
and with community mental health ~~agencies~~services providers and	84333
boards of alcohol, drug addiction, and mental health services with	84334
which the department of ~~mental health~~mental health and addiction	84335
services has a current agreement for patient care or services to	84336
ensure continuity of care. Disclosure under this division is	84337
limited to records regarding a mentally ill inmate's medication	84338
history, physical health status and history, summary of course of	84339
treatment, summary of treatment needs, and a discharge summary, if	84340
any. No office, department, agency, provider, or board shall	84341
disclose the records and other information unless one of the	84342
following applies:	84343

(a) The mentally ill inmate is notified of the possible	84344
disclosure and consents to the disclosure.	84345

(b) The mentally ill inmate is notified of the possible	84346
disclosure, an attempt to gain the consent of the inmate is made,	84347
and the office, department, agency, or board documents the attempt	84348
to gain consent, the inmate's objections, if any, and the reasons	84349
for disclosure in spite of the inmate's objections.	84350

(7) Information may be disclosed to staff members designated	84351
by the director of rehabilitation and correction for the purpose	84352
of evaluating the quality, effectiveness, and efficiency of	84353
services and determining if the services meet minimum standards.	84354

The name of an inmate patient shall not be retained with the	84355
information obtained during the evaluations.	84356

(L) The director of rehabilitation and correction may adopt	84357
rules setting forth guidelines for the procedures required under	84358
divisions (B), (C)(1), and (C)(2) of this section.	84359

Sec. 5120.171. (A) The department of rehabilitation and	84360
correction shall have exclusive direction and control of the care	84361
and treatment of seriously mentally ill inmates who are in the	84362
department's custody. The department shall enter into any	84363
arrangements it considers desirable on such matters, including but	84364
not limited to both of the following:	84365

(1) The monitoring of such services by another state agency	84366
or agencies;	84367

(2) Adopting joint standards for the provision and monitoring	84368
of mental health services with the department of ~~mental health~~	84369
mental health and addiction services and other state agencies.	84370

(B) In order to implement its duties imposed by division (A)	84371
of this section, the department of rehabilitation and correction	84372
may enter into a contract for the provision of the mental health	84373
services described in that division.	84374

Sec. 5120.652. To participate in the prison nursery program,	84375
each eligible inmate selected by the department shall do all the	84376
following:	84377

(A) Agree in writing to do all the following:

84378

(1) Comply with any program, educational, counseling, and	84379
other requirements established for the program by the department	84380
of rehabilitation and correction;	84381

(2) If eligible, have the child participate in the medicaid	84382
program or a health insurance program;	84383

(3) Accept the normal risks of childrearing;

84384

(4) Abide by any court decisions regarding the allocation of	84385
parental rights and responsibilities with respect to the child.	84386

(B) Assign to the department any rights to support from any	84387
other person, excluding support assigned pursuant to section	84388
5107.20 of the Revised Code and medical support assigned pursuant	84389
to section ~~5101.59~~5160.38 of the Revised Code;	84390

(C) Specify with whom the child is to be placed in the event	84391
the inmate's participation in the program is terminated for a	84392
reason other than release from imprisonment.	84393

Sec. 5120.654. (A) The rights to support assigned by an	84394
inmate pursuant to section 5120.652 of the Revised Code constitute	84395
an obligation of the person who is responsible for providing the	84396
support to the department of rehabilitation and correction for the	84397
support provided the inmate and child pursuant to the prison	84398
nursery program. The division of child support in the department	84399
of job and family services shall collect support payments made	84400
pursuant to the assignment and forward them to the department of	84401
rehabilitation and correction.	84402

(B) The department of rehabilitation and correction may	84403
receive the following:	84404

(1) Money that is assigned or donated on behalf of, and	84405
~~public~~ assistance provided under Ohio works first to, a specific	84406
inmate or child participating in the prison nursery program;	84407

(2) Money assigned or donated to establish and maintain the	84408
prison nursery program.	84409

(C) The amounts described in division (B)(1) of this section	84410
shall be placed in the individual nursery account created and	84411
maintained under section 5120.655 of the Revised Code for the	84412
inmate and child for whom the money was received. The money	84413
described in division (B)(2) of this section shall be deposited in	84414
the appropriate prison nursery program fund.	84415

Sec. 5121.051. All outstanding liability of relatives for	84416
the support of any patient or resident in a benevolent institution	84417
under the control of the department of ~~mental health~~mental health	84418
and addiction services or the department of developmental	84419
disabilities accrued prior to January 1, 1956, including the	84420
liability of the patient personally, is hereby canceled, provided	84421
that this section does not abrogate any written agreements or	84422
security arrangement for the payment of support charges entered	84423
into between the state and any patient or liable relative prior to	84424
such date.	84425

Sec. 5121.30. As used in sections 5121.30 to 5121.56 of the	84426
Revised Code:	84427

(A) ~~"Community mental health services client" or "client"~~	84428
~~means a person receiving state-operated community mental health~~	84429
~~services.~~	84430

~~(B)~~ "Countable assets" means all of the following:

84431

(1) Cash;

84432

(2) Bank deposits;

84433

(3) Securities;

84434

(4) Individual retirement accounts;

84435

(5) Qualified employer plans, including 401(k) and Keogh	84436
plans;	84437

(6) Annuities;

84438

(7) Funds in a trust created under section 5815.28 of the	84439
Revised Code;	84440

(8) Investment property and income;

84441

(9) The cash surrender values of life insurance policies;

84442

(10) Assets acquired by gift, bequest, devise, or	84443
inheritance;	84444

(11) Any other asset determined by the department of ~~mental~~	84445
~~health~~mental health and addiction services to be equivalent to	84446
the assets enumerated in this division.	84447

~~(C)~~(B) "Federal poverty level" or "FPL" means the income	84448
level represented by the poverty guidelines as revised annually by	84449
the United States department of health and human services in	84450
accordance with section 673(2) of the "Omnibus Reconciliation Act	84451
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	84452
size equal to the size of the family of the person whose income is	84453
being determined.	84454

~~(D)~~(C) "Federal poverty guidelines" means the poverty	84455
guidelines as revised annually by the United States department of	84456
health and human services in accordance with section 673(2) of the	84457
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	84458
U.S.C. 9902, as amended, for a family size equal to the size of	84459
the family of the person whose income is being determined.	84460

~~(E)~~(D) "Hospital" means an institution, hospital, or other	84461
place established, controlled, or supervised by the department of	84462
~~mental health~~mental health and addiction services under Chapter	84463
5119. of the Revised Code.	84464

~~(F)~~(E) "Liable relative" means all of the following:

84465

(1) A patient's spouse;

84466

(2) A patient's mother or father, or both, if the patient is	84467
under eighteen years of age;	84468

(3) A patient's guardian.

84469

~~(G)~~(F) "Patient" means a person admitted to a hospital for	84470
inpatient care or treatment, including a person transferred to a	84471
hospital from a state correctional institution or a person under	84472
indictment or conviction who has been transferred to a hospital.	84473

Sec. 5121.32. On an annual basis, the department of ~~mental~~	84474
~~health~~mental health and addiction services shall determine both	84475
of the following using generally accepted governmental accounting	84476
principles:	84477

(A) The applicable per diem charge for each hospital operated	84478
by the department;	84479

(B) The ancillary per diem rate for each hospital operated by	84480
the department.	84481

In determining a hospital's applicable per diem charge and	84482
ancillary per diem rate, the department shall consider the average	84483
actual per diem cost of maintaining and treating a patient at the	84484
hospital or, at the department's discretion, the average actual	84485
per diem cost of maintaining and treating a patient in a unit of	84486
the hospital.	84487

Sec. 5121.33. Except as provided in sections 5121.35,	84488
5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised	84489
Code, the department of ~~mental health~~mental health and addiction	84490
services shall, for each billing cycle, charge a patient,	84491
patient's estate, or liable relative an amount equal to the sum of	84492
the following:	84493

(A) The applicable per diem charge multiplied by the number	84494
of days the patient was admitted to the hospital;	84495

(B) An amount that was previously billed but not paid.

84496

Sec. 5121.34. (A) A patient, patient's estate, and patient's	84497
liable relatives shall be jointly and severally liable for amounts	84498
charged by the department of ~~mental health~~mental health and	84499
addiction services in accordance with section 5121.33 or 5121.35	84500
of the Revised Code. In no case shall any of the foregoing persons	84501
be liable for more than one hundred per cent of the full sum	84502
charged under section 5121.33 of the Revised Code.	84503

(B) Collections of support payments shall be made by the	84504
department and, subject to meeting prior requirements for payment	84505
and crediting of such collections and other available receipts, in	84506
accordance with the bond proceedings applicable to obligations	84507
issued pursuant to section 154.20 of the Revised Code. The	84508
collections and other available receipts designated by the	84509
director of ~~mental health~~mental health and addiction services for	84510
deposit in the special accounts, together with insurance contract	84511
payments provided for in section 5121.43 of the Revised Code,	84512
shall be remitted to the treasurer of state for deposit in the	84513
state treasury to the credit of the mental health operating fund,	84514
which is hereby created, to be used for the general purposes of	84515
the department. The department shall make refunds of overpayment	84516
of support charges from the mental health operating fund.	84517

Sec. 5121.35. The department of ~~mental health~~mental health	84518
and addiction services shall charge a patient, patient's estate,	84519
or liable relative an amount discounted from the amount the	84520
department charges under section 5121.33 of the Revised Code if	84521
the department determines through the application process	84522
described in section 5121.36 of the Revised Code or through the	84523
financial assessment process described in section 5121.37 of the	84524
Revised Code that the patient, estate, or relative is eligible for	84525
a discount.	84526

Sec. 5121.36. (A) A patient, patient's estate, or liable	84527
relative may apply for a discount by completing an application	84528
form prescribed by the director of ~~mental health~~mental health and	84529
addiction services. The department of ~~mental health~~mental health	84530
and addiction services may require a patient, estate, or relative	84531
to furnish any of the following with an application form:	84532

(1) A copy of the patient's, estate's, or liable relative's	84533
federal income tax return for the year preceding the date of	84534
application or, if that is not yet available, the preceding year;	84535

(2) A copy of the patient's, estate's, or liable relative's	84536
employee tax withholding return (form W-2) for the year preceding	84537
the date of application;	84538

(3) Any other relevant documents prescribed by the director	84539
of ~~mental health~~mental health and addiction services.	84540

(B) To be considered, an application must be submitted to the	84541
department not later than ninety days after the date the patient	84542
is admitted to a hospital.	84543

(C) From the information provided by a patient, estate, or	84544
relative, the department shall determine whether the department	84545
will charge the person a discounted amount in accordance with	84546
sections 5121.40 and 5121.41 of the Revised Code. In making this	84547
determination, the department shall consider whether the patient	84548
is covered by an insurance policy or other contract that provides	84549
for payment of expenses and treatment for mental illness. If the	84550
department determines that the patient has coverage, the	84551
department shall require payment in accordance with section	84552
5121.43 of the Revised Code.	84553

(D) The department shall notify the patient, executor or	84554
administrator of the patient's estate, or liable relative who	84555
submitted the application form in writing regarding whether that	84556
person will be charged a discounted amount and the per diem rate	84557
to be charged.	84558

(E) In accordance with section 5121.42 of the Revised Code,	84559
the department may, at any time, modify an amount charged or	84560
change the per diem rate to be charged if the department learns of	84561
countable assets or income that was not previously disclosed or	84562
was acquired after the application form was submitted. Within a	84563
reasonable time, the department shall notify in writing any person	84564
affected by a modification or change.	84565

Sec. 5121.37. After a patient's admittance to a hospital, the	84566
department of ~~mental health~~mental health and addiction services	84567
shall conduct a financial assessment to determine whether the	84568
patient, patient's estate, or liable relative will be charged an	84569
amount discounted from the amount the department charges under	84570
section 5121.33 of the Revised Code. The department shall make	84571
the determination in accordance with sections 5121.40 and 5121.41	84572
of the Revised Code.	84573

If a discounted rate is to be charged, the department shall	84574
notify the person whose financial condition was assessed. The	84575
notice shall specify the per diem rate to be charged.	84576

In accordance with section 5121.42 of the Revised Code, the	84577
department may, at any time, modify an amount charged or change	84578
the per diem rate to be charged if the department learns of	84579
countable assets or income that was not previously disclosed or	84580
was acquired after the assessment was conducted. Within a	84581
reasonable time, the department shall notify in writing any person	84582
affected by a modification or change.	84583

Sec. 5121.38. The department of ~~mental health~~mental health	84584
and addiction services may subpoena witnesses, take testimony	84585
under oath, and examine any public records relating to the income	84586
and other assets of a patient or of a relative liable for such	84587
patient's support. All information, conclusions, and	84588
recommendations shall be submitted to the department by the	84589
investigating agent of the department.	84590

Sec. 5121.40. (A) A patient, patient's estate, or liable	84591
relative may be eligible to be charged an amount discounted from	84592
the amount the department of ~~mental health~~mental health and	84593
addiction services charges under section 5121.33 of the Revised	84594
Code if the patient, estate, or relative has countable assets with	84595
a total value that is not greater than an amount equal to fifty	84596
per cent of the difference between the following:	84597

(1) The gross annual income that corresponds with a family	84598
size of two persons at one hundred per cent of the federal poverty	84599
level for the state;	84600

(2) The gross annual income that corresponds with a family	84601
size of one person at one hundred per cent of the federal poverty	84602
level for the state. For purposes of determining family size, the	84603
patient is one dependent. One additional dependent shall be	84604
included for each of the following circumstances and persons:	84605

(a) The patient or liable relative is legally blind or deaf.

84606

(b) The patient or liable relative is of sixty-five years of	84607
age or older.	84608

(c) Each child under eighteen years of age for which the	84609
patient or liable relative has legal custody;	84610

(d) The patient's or liable relative's spouse.

84611

(B) A patient, estate, or relative may, not later than ninety	84612
days after the patient's admission to a hospital, surrender the	84613
value of countable assets sufficient to reduce countable assets to	84614
not more than the limit described in division (A) of this section.	84615

Sec. 5121.42. (A) Except as provided in division (B) of this	84616
section, a patient, patient's estate, or liable relative shall	84617
cease to be eligible for a discount under ~~sections~~section 5121.36	84618
or 5121.37 of the Revised Code on accumulation of countable assets	84619
in excess of an amount equal to fifty per cent of the difference	84620
between the following:	84621

(1) The gross annual income that corresponds with a family	84622
size of two persons at one hundred per cent of the federal poverty	84623
level for the state;	84624

(2) The gross annual income that corresponds with a family	84625
size of one person at one hundred per cent of the federal poverty	84626
level for the state.	84627

(B) Money needed to meet the patient's needs and burial fund	84628
as determined by a needs assessment conducted by the department of	84629
~~mental health~~mental health and addiction services pursuant to	84630
rules adopted under section ~~5119.01~~5119.10 of the Revised Code	84631
shall be excluded from any determination the department makes	84632
under division (A) of this section.	84633

Sec. 5121.43. If a patient is covered by an insurance policy	84634
or other contract that provides for payment of expenses for care	84635
and treatment for mental illness at or from a hospital under the	84636
jurisdiction of the department of ~~mental health~~mental health and	84637
addiction services, sections 5121.33 to 5121.55 of the Revised	84638
Code are inapplicable to the extent that the policy or contract is	84639
in force. Any insurance carrier or other third party payor	84640
providing coverage for such care and treatment shall pay for the	84641
patient's support obligation in amounts equal to the lesser of	84642
amounts charged by the department under section 5121.33 of the	84643
Revised Code or the benefits provided under the policy or other	84644
contract. Whether or not an insured, owner of, or other person	84645
having an interest in such policy or other contract is liable for	84646
support payments, the insured, policy owner, or other person shall	84647
assign payment directly to the department of all assignable	84648
benefits under the policy or other contract and shall pay to the	84649
department, within ten days of receipt, all insurance or other	84650
benefits received as reimbursement or payment for expenses	84651
incurred by the patient or for any other reason. If the insured,	84652
policy owner, or other person refuses to assign payment to the	84653
department or refuses to pay received reimbursements or payments	84654
to the department within ten days of receipt, the total liability	84655
of the insured, policy owner, or other person for the services is	84656
an amount equal to the per diem charge for the hospital where the	84657
patient was admitted multiplied by the number of days the patient	84658
was admitted.	84659

In no event shall this total liability exceed the	84660
department's actual cost of providing care and treatment to a	84661
patient. The department may disqualify patients and liable	84662
relatives who have retained third party funds from future	84663
discounts. The department may request that the attorney general	84664
petition a court of competent jurisdiction to compel the insured,	84665
owner of, or other person having an interest in the policy or	84666
contract to comply with the assignment requirements in this	84667
section.	84668

Sec. 5121.44. The department of ~~mental health~~mental health	84669
and addiction services may enter into an extended payment	84670
agreement with a patient, patient's estate, or liable relative who	84671
has notified the department that the patient, estate, or relative	84672
cannot reasonably pay an amount the department has charged. In no	84673
case shall the department take a security interest, mortgage, or	84674
lien against the principal family residence of a patient or liable	84675
relative.	84676

Sec. 5121.45. (A) For purposes of this section, "delinquent	84677
payment" means an amount owed by a patient, patient's estate, or	84678
liable relative to the department of ~~mental health~~mental health	84679
and addiction services for which the person has failed to do	84680
either of the following not later than ninety days after the	84681
service associated with the charge was incurred:	84682

(1) Make payment in full;

84683

(2) Make a payment in accordance with the terms of an	84684
agreement entered into under section 5121.44 of the Revised Code.	84685

(B) An action to enforce the collection of a delinquent	84686
payment shall be commenced not later than six years after the	84687
later of the following:	84688

(1) The last date the department received money to satisfy	84689
the delinquent payment;	84690

(2) The date the charge was due.

84691

(C) In all actions to enforce the collection of delinquent	84692
payments, a court of record shall receive into evidence the proof	84693
of claim document made by the state together with all debts and	84694
credits. The proof of claim document shall be prima-facie evidence	84695
of the facts stated in the document.	84696

Sec. 5121.46. The department of ~~mental health~~mental health	84697
and addiction services shall not charge a liable relative under	84698
sections 5121.33 and 5121.35 of the Revised Code who has done	84699
either of the following:	84700

(A) Paid all amounts charged by the department for the care	84701
and treatment of a particular patient for fifteen consecutive	84702
years;	84703

(B) Paid amounts charged by the department for the care and	84704
treatment of more than one patient for a total of fifteen	84705
consecutive years.	84706

Sec. 5121.47. Irrespective of the number of patients for	84707
which the department of ~~mental health~~mental health and addiction	84708
services may charge a liable relative under sections 5121.33 or	84709
and 5121.35 of the Revised Code, the department shall not charge a	84710
liable relative or group of liable relatives who are members of	84711
the same family unit for the support of more than one patient	84712
during the same period of time.	84713

Sec. 5121.49. (A) Any person who has been charged under	84714
section 5121.33 or 5121.35 of the Revised Code may petition the	84715
department of ~~mental health~~mental health and addiction services	84716
to do the following:	84717

(1) Release the person from a charge;

84718

(2) Modify or cancel a charge.

84719

(B) The department shall respond to a petition in writing and	84720
inform the petitioner of whether a release, modification, or	84721
cancellation has been approved.	84722

Sec. 5121.50. When a patient is committed to a hospital	84723
pursuant to judicial proceedings, the judge ordering the	84724
commitment shall:	84725

(A) Make a reliable report on the financial condition of the	84726
patient and of each liable relative, as provided in rules adopted	84727
by the director of ~~mental health~~mental health and addiction	84728
services;	84729

(B) Certify the report required under division (A) of this	84730
section to the managing officer of the hospital. The managing	84731
officer shall thereupon enter in the managing officer's records	84732
the name and address of any guardian appointed and of any relative	84733
liable for the patient's support.	84734

Sec. 5121.51. In case the estate of any patient in a	84735
hospital is sufficient for the patient's support and no guardian	84736
has been appointed for such estate, the agent of the department of	84737
~~mental health~~mental health and addiction services shall petition	84738
the probate court of the proper county to appoint a guardian.	84739

Sec. 5121.52. On the death of a person who is a patient, or	84740
has been a patient in a hospital, or on the death of a person	84741
responsible under section 5121.34 of the Revised Code for the	84742
support of a patient, the department of ~~mental health~~mental	84743
health and addiction services may waive the presentation of any	84744
claim for support against the estate of such decedent, when in its	84745
judgment an otherwise dependent person will be directly benefited	84746
by the estate. Claims against an estate for support of a patient	84747
are subject to section 5815.28 and Chapter 2117. of the Revised	84748
Code, and shall be treated, and may be barred, the same as the	84749
claims of other creditors of the estate, pursuant to that section	84750
or chapter.	84751

The department of ~~mental health~~mental health and addiction	84752
services may accept from a guardian or trustee of a patient a	84753
contract agreeing to pay to the state from the property of the	84754
guardian's or trustee's ward before or at the death of the ward a	84755
fixed annual amount for the support of the ward while the ward is	84756
a patient, with interest at four per cent per annum. A copy of the	84757
contract shall be filed in the probate court of the proper county	84758
and duly entered as a part of the records concerning the ward.	84759

Sec. 5121.55. The cost for support of a client of	84760
state-operated community mental health services is an amount	84761
determined using guidelines the department of ~~mental health~~mental	84762
health and addiction services shall issue. The guidelines shall be	84763
based on cost findings and rate-settings applicable to such	84764
services.	84765

Sec. 5122.01. As used in this chapter and Chapter 5119. of	84766
the Revised Code:	84767

(A) "Mental illness" means a substantial disorder of thought,	84768
mood, perception, orientation, or memory that grossly impairs	84769
judgment, behavior, capacity to recognize reality, or ability to	84770
meet the ordinary demands of life.	84771

(B) "Mentally ill person subject to hospitalization by court	84772
order" means a mentally ill person who, because of the person's	84773
illness:	84774

(1) Represents a substantial risk of physical harm to self as	84775
manifested by evidence of threats of, or attempts at, suicide or	84776
serious self-inflicted bodily harm;	84777

(2) Represents a substantial risk of physical harm to others	84778
as manifested by evidence of recent homicidal or other violent	84779
behavior, evidence of recent threats that place another in	84780
reasonable fear of violent behavior and serious physical harm, or	84781
other evidence of present dangerousness;	84782

(3) Represents a substantial and immediate risk of serious	84783
physical impairment or injury to self as manifested by evidence	84784
that the person is unable to provide for and is not providing for	84785
the person's basic physical needs because of the person's mental	84786
illness and that appropriate provision for those needs cannot be	84787
made immediately available in the community; or	84788

(4) Would benefit from treatment in a hospital for the	84789
person's mental illness and is in need of such treatment as	84790
manifested by evidence of behavior that creates a grave and	84791
imminent risk to substantial rights of others or the person.	84792

(C)(1) "Patient" means, subject to division (C)(2) of this	84793
section, a person who is admitted either voluntarily or	84794
involuntarily to a hospital or other place under section 2945.39,	84795
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	84796
finding of not guilty by reason of insanity or incompetence to	84797
stand trial or under this chapter, who is under observation or	84798
receiving treatment in such place.	84799

(2) "Patient" does not include a person admitted to a	84800
hospital or other place under section 2945.39, 2945.40, 2945.401,	84801
or 2945.402 of the Revised Code to the extent that the reference	84802
in this chapter to patient, or the context in which the reference	84803
occurs, is in conflict with any provision of sections 2945.37 to	84804
2945.402 of the Revised Code.	84805

(D) "Licensed physician" means a person licensed under the	84806
laws of this state to practice medicine or a medical officer of	84807
the government of the United States while in this state in the	84808
performance of the person's official duties.	84809

(E) "Psychiatrist" means a licensed physician who has	84810
satisfactorily completed a residency training program in	84811
psychiatry, as approved by the residency review committee of the	84812
American medical association, the committee on post-graduate	84813
education of the American osteopathic association, or the American	84814
osteopathic board of neurology and psychiatry, or who on July 1,	84815
1989, has been recognized as a psychiatrist by the Ohio state	84816
medical association or the Ohio osteopathic association on the	84817
basis of formal training and five or more years of medical	84818
practice limited to psychiatry.	84819

(F) "Hospital" means a hospital or inpatient unit licensed by	84820
the department of ~~mental health~~mental health and addiction	84821
services under section ~~5119.20~~5119.33 of the Revised Code, and	84822
any institution, hospital, or other place established, controlled,	84823
or supervised by the department under Chapter 5119. of the Revised	84824
Code.	84825

(G) "Public hospital" means a facility that is tax-supported	84826
and under the jurisdiction of the department of ~~mental health~~	84827
mental health and addiction services.	84828

(H) "Community mental health ~~agency~~services provider" means	84829
an agency, association, corporation, individual, or program that	84830
provides community mental health services that are certified by	84831
the director of ~~mental health~~mental health and addiction services	84832
under section ~~5119.611~~5119.36 of the Revised Code.	84833

(I) "Licensed clinical psychologist" means a person who holds	84834
a current valid psychologist license issued under section 4732.12	84835
or 4732.15 of the Revised Code, and in addition, meets either of	84836
the following criteria:	84837

(1) Meets the educational requirements set forth in division	84838
(B) of section 4732.10 of the Revised Code and has a minimum of	84839
two years' full-time professional experience, or the equivalent as	84840
determined by rule of the state board of psychology, at least one	84841
year of which shall be a predoctoral internship, in clinical	84842
psychological work in a public or private hospital or clinic or in	84843
private practice, diagnosing and treating problems of mental	84844
illness or mental retardation under the supervision of a	84845
psychologist who is licensed or who holds a diploma issued by the	84846
American board of professional psychology, or whose qualifications	84847
are substantially similar to those required for licensure by the	84848
state board of psychology when the supervision has occurred prior	84849
to enactment of laws governing the practice of psychology;	84850

(2) Meets the educational requirements set forth in division	84851
(B) of section 4732.15 of the Revised Code and has a minimum of	84852
four years' full-time professional experience, or the equivalent	84853
as determined by rule of the state board of psychology, in	84854
clinical psychological work in a public or private hospital or	84855
clinic or in private practice, diagnosing and treating problems of	84856
mental illness or mental retardation under supervision, as set	84857
forth in division (I)(1) of this section.	84858

(J) "Health officer" means any public health physician;	84859
public health nurse; or other person authorized by or designated	84860
by a city health district; a general health district; or a board	84861
of alcohol, drug addiction, and mental health services to perform	84862
the duties of a health officer under this chapter.	84863

(K) "Chief clinical officer" means the medical director of a	84864
hospital, or a community mental health ~~agency~~services provider,	84865
or a board of alcohol, drug addiction, and mental health services,	84866
or, if there is no medical director, the licensed physician	84867
responsible for the treatment a hospital or community mental	84868
health ~~agency~~services provider provides. The chief clinical	84869
officer may delegate to the attending physician responsible for a	84870
patient's care the duties imposed on the chief clinical officer by	84871
this chapter. Within a community mental health ~~agency~~services	84872
provider, the chief clinical officer shall be designated by the	84873
governing body of the ~~agency~~services provider and shall be a	84874
licensed physician or licensed clinical psychologist who	84875
supervises diagnostic and treatment services. A licensed physician	84876
or licensed clinical psychologist designated by the chief clinical	84877
officer may perform the duties and accept the responsibilities of	84878
the chief clinical officer in the chief clinical officer's	84879
absence.	84880

(L) "Working day" or "court day" means Monday, Tuesday,	84881
Wednesday, Thursday, and Friday, except when such day is a	84882
holiday.	84883

(M) "Indigent" means unable without deprivation of	84884
satisfaction of basic needs to provide for the payment of an	84885
attorney and other necessary expenses of legal representation,	84886
including expert testimony.	84887

(N) "Respondent" means the person whose detention,	84888
commitment, hospitalization, continued hospitalization or	84889
commitment, or discharge is being sought in any proceeding under	84890
this chapter.	84891

(O) "Ohio protection and advocacy system" has the same	84892
meaning as in section 5123.60 of the Revised Code.	84893

(P) "Independent expert evaluation" means an evaluation	84894
conducted by a licensed clinical psychologist, psychiatrist, or	84895
licensed physician who has been selected by the respondent or the	84896
respondent's counsel and who consents to conducting the	84897
evaluation.	84898

(Q) "Court" means the probate division of the court of common	84899
pleas.	84900

(R) "Expunge" means:

84901

(1) The removal and destruction of court files and records,	84902
originals and copies, and the deletion of all index references;	84903

(2) The reporting to the person of the nature and extent of	84904
any information about the person transmitted to any other person	84905
by the court;	84906

(3) Otherwise insuring that any examination of court files	84907
and records in question shall show no record whatever with respect	84908
to the person;	84909

(4) That all rights and privileges are restored, and that the	84910
person, the court, and any other person may properly reply that no	84911
such record exists, as to any matter expunged.	84912

(S) "Residence" means a person's physical presence in a	84913
county with intent to remain there, except that:	84914

(1) If a person is receiving a mental health service at a	84915
facility that includes nighttime sleeping accommodations,	84916
residence means that county in which the person maintained the	84917
person's primary place of residence at the time the person entered	84918
the facility;	84919

(2) If a person is committed pursuant to section 2945.38,	84920
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	84921
residence means the county where the criminal charges were filed.	84922

When the residence of a person is disputed, the matter of	84923
residence shall be referred to the department of ~~mental health~~	84924
mental health and addiction services for investigation and	84925
determination. Residence shall not be a basis for a board's	84926
denying services to any person present in the board's service	84927
district, and the board shall provide services for a person whose	84928
residence is in dispute while residence is being determined and	84929
for a person in an emergency situation.	84930

(T) "Admission" to a hospital or other place means that a	84931
patient is accepted for and stays at least one night at the	84932
hospital or other place.	84933

(U) "Prosecutor" means the prosecuting attorney, village	84934
solicitor, city director of law, or similar chief legal officer	84935
who prosecuted a criminal case in which a person was found not	84936
guilty by reason of insanity, who would have had the authority to	84937
prosecute a criminal case against a person if the person had not	84938
been found incompetent to stand trial, or who prosecuted a case in	84939
which a person was found guilty.	84940

(V) "Treatment plan" means a written statement of reasonable	84941
objectives and goals for an individual established by the	84942
treatment team, with specific criteria to evaluate progress	84943
towards achieving those objectives. The active participation of	84944
the patient in establishing the objectives and goals shall be	84945
documented. The treatment plan shall be based on patient needs and	84946
include services to be provided to the patient while the patient	84947
is hospitalized and after the patient is discharged. The treatment	84948
plan shall address services to be provided upon discharge,	84949
including but not limited to housing, financial, and vocational	84950
services.	84951

(W) "Community control sanction" has the same meaning as in	84952
section 2929.01 of the Revised Code.	84953

(X) "Post-release control sanction" has the same meaning as	84954
in section 2967.01 of the Revised Code.	84955

Sec. 5122.03. A patient admitted under section 5122.02 of	84956
the Revised Code who requests release in writing, or whose release	84957
is requested in writing by the patient's counsel, legal guardian,	84958
parent, spouse, or adult next of kin shall be released forthwith,	84959
except that when:	84960

(A) The patient was admitted on the patient's own application	84961
and the request for release is made by a person other than the	84962
patient, release may be conditional upon the agreement of the	84963
patient; or	84964

(B) The chief clinical officer of the hospital, within three	84965
court days from the receipt of the request for release, files or	84966
causes to be filed with the court of the county where the patient	84967
is hospitalized or of the county where the patient is a resident,	84968
an affidavit under section 5122.11 of the Revised Code. Release	84969
may be postponed until the hearing held under section 5122.141 of	84970
the Revised Code. A telephone communication within three court	84971
days from the receipt of the request for release from the chief	84972
clinical officer to the court, indicating that the required	84973
affidavit has been mailed, is sufficient compliance with the time	84974
limit for filing such affidavit.	84975

Unless the patient is released within three days from the	84976
receipt of the request by the chief clinical officer, the request	84977
shall serve as a request for an initial hearing under section	84978
5122.141 of the Revised Code. If the court finds that the patient	84979
is a mentally ill person subject to hospitalization by court	84980
order, all provisions of this chapter with respect to involuntary	84981
hospitalization apply to such person.	84982

Judicial proceedings for hospitalization shall not be	84983
commenced with respect to a voluntary patient except pursuant to	84984
this section.	84985

Sections 5121.30 to 5121.56 of the Revised Code apply to	84986
persons received in a hospital operated by the department of	84987
~~mental health~~mental health and addiction services on a voluntary	84988
application.	84989

The chief clinical officer of the hospital shall provide	84990
reasonable means and arrangements for informing patients of their	84991
rights to release as provided in this section and for assisting	84992
them in making and presenting requests for release or for a	84993
hearing under section 5122.141 of the Revised Code.	84994

Before a patient is released from a public hospital, the	84995
chief clinical officer shall, when possible, notify the board of	84996
the patient's county of residence of the patient's pending release	84997
after the chief clinical officer has informed the patient that the	84998
board will be so notified.	84999

Sec. 5122.10. Any psychiatrist, licensed clinical	85000
psychologist, licensed physician, health officer, parole officer,	85001
police officer, or sheriff may take a person into custody, or the	85002
chief of the adult parole authority or a parole or probation	85003
officer with the approval of the chief of the authority may take a	85004
parolee, an offender under a community control sanction or a	85005
post-release control sanction, or an offender under transitional	85006
control into custody and may immediately transport the parolee,	85007
offender on community control or post-release control, or offender	85008
under transitional control to a hospital or, notwithstanding	85009
section ~~5119.20~~5119.33 of the Revised Code, to a general hospital	85010
not licensed by the department of ~~mental health~~mental health and	85011
addiction services where the parolee, offender on community	85012
control or post-release control, or offender under transitional	85013
control may be held for the period prescribed in this section, if	85014
the psychiatrist, licensed clinical psychologist, licensed	85015
physician, health officer, parole officer, police officer, or	85016
sheriff has reason to believe that the person is a mentally ill	85017
person subject to hospitalization by court order under division	85018
(B) of section 5122.01 of the Revised Code, and represents a	85019
substantial risk of physical harm to self or others if allowed to	85020
remain at liberty pending examination.	85021

A written statement shall be given to such hospital by the	85022
transporting psychiatrist, licensed clinical psychologist,	85023
licensed physician, health officer, parole officer, police	85024
officer, chief of the adult parole authority, parole or probation	85025
officer, or sheriff stating the circumstances under which such	85026
person was taken into custody and the reasons for the	85027
psychiatrist's, licensed clinical psychologist's, licensed	85028
physician's, health officer's, parole officer's, police officer's,	85029
chief of the adult parole authority's, parole or probation	85030
officer's, or sheriff's belief. This statement shall be made	85031
available to the respondent or the respondent's attorney upon	85032
request of either.	85033

Every reasonable and appropriate effort shall be made to take	85034
persons into custody in the least conspicuous manner possible. A	85035
person taking the respondent into custody pursuant to this section	85036
shall explain to the respondent: the name,and professional	85037
designation, and ~~agency~~ affiliation of the person taking the	85038
respondent into custody; that the custody-taking is not a criminal	85039
arrest; and that the person is being taken for examination by	85040
mental health professionals at a specified mental health facility	85041
identified by name.	85042

If a person taken into custody under this section is	85043
transported to a general hospital, the general hospital may admit	85044
the person, or provide care and treatment for the person, or both,	85045
notwithstanding section ~~5119.20~~5119.33 of the Revised Code, but	85046
by the end of twenty-four hours after arrival at the general	85047
hospital, the person shall be transferred to a hospital as defined	85048
in section 5122.01 of the Revised Code.	85049

A person transported or transferred to a hospital or	85050
community mental health ~~agency~~services provider under this	85051
section shall be examined by the staff of the hospital or ~~agency~~	85052
services provider within twenty-four hours after arrival at the	85053
hospital or ~~agency~~services provider. If to conduct the	85054
examination requires that the person remain overnight, the	85055
hospital or ~~agency~~services provider shall admit the person in an	85056
unclassified status until making a disposition under this section.	85057
After the examination, if the chief clinical officer of the	85058
hospital or ~~agency~~services provider believes that the person is	85059
not a mentally ill person subject to hospitalization by court	85060
order, the chief clinical officer shall release or discharge the	85061
person immediately unless a court has issued a temporary order of	85062
detention applicable to the person under section 5122.11 of the	85063
Revised Code. After the examination, if the chief clinical officer	85064
believes that the person is a mentally ill person subject to	85065
hospitalization by court order, the chief clinical officer may	85066
detain the person for not more than three court days following the	85067
day of the examination and during such period admit the person as	85068
a voluntary patient under section 5122.02 of the Revised Code or	85069
file an affidavit under section 5122.11 of the Revised Code. If	85070
neither action is taken and a court has not otherwise issued a	85071
temporary order of detention applicable to the person under	85072
section 5122.11 of the Revised Code, the chief clinical officer	85073
shall discharge the person at the end of the three-day period	85074
unless the person has been sentenced to the department of	85075
rehabilitation and correction and has not been released from the	85076
person's sentence, in which case the person shall be returned to	85077
that department.	85078

Sec. 5122.11. Proceedings for the hospitalization of a	85079
person pursuant to sections 5122.11 to 5122.15 of the Revised Code	85080
shall be commenced by the filing of an affidavit in the manner and	85081
form prescribed by the department of ~~mental health~~mental health	85082
and addiction services, by any person or persons with the court,	85083
either on reliable information or actual knowledge, whichever is	85084
determined to be proper by the court. This section does not apply	85085
to the hospitalization of a person pursuant to section 2945.39,	85086
2945.40, 2945.401, or 2945.402 of the Revised Code.	85087

The affidavit shall contain an allegation setting forth the	85088
specific category or categories under division (B) of section	85089
5122.01 of the Revised Code upon which the jurisdiction of the	85090
court is based and a statement of alleged facts sufficient to	85091
indicate probable cause to believe that the person is a mentally	85092
ill person subject to hospitalization by court order. The	85093
affidavit may be accompanied, or the court may require that the	85094
affidavit be accompanied, by a certificate of a psychiatrist, or a	85095
certificate signed by a licensed clinical psychologist and a	85096
certificate signed by a licensed physician stating that the person	85097
who issued the certificate has examined the person and is of the	85098
opinion that the person is a mentally ill person subject to	85099
hospitalization by court order, or shall be accompanied by a	85100
written statement by the applicant, under oath, that the person	85101
has refused to submit to an examination by a psychiatrist, or by a	85102
licensed clinical psychologist and licensed physician.	85103

Upon receipt of the affidavit, if a judge of the court or a	85104
referee who is an attorney at law appointed by the court has	85105
probable cause to believe that the person named in the affidavit	85106
is a mentally ill person subject to hospitalization by court	85107
order, the judge or referee may issue a temporary order of	85108
detention ordering any health or police officer or sheriff to take	85109
into custody and transport the person to a hospital or other place	85110
designated in section 5122.17 of the Revised Code, or may set the	85111
matter for further hearing.	85112

The person may be observed and treated until the hearing	85113
provided for in section 5122.141 of the Revised Code. If no such	85114
hearing is held, the person may be observed and treated until the	85115
hearing provided for in section 5122.15 of the Revised Code.	85116

Sec. 5122.12. After receipt of the affidavit required by	85117
section 5122.11 of the Revised Code, the court shall cause written	85118
notice by mail or otherwise of any hearing as the court directs to	85119
be given to the following persons:	85120

(A) The respondent;

85121

(B) The respondent's legal guardian, if any, the respondent's	85122
spouse, if any, and the respondent's parents, if the respondent is	85123
a minor, if these persons' addresses are known to the court or can	85124
be obtained through exercise of reasonable diligence;	85125

85126

(D) Any one person designated by the respondent; but if the	85127
respondent does not make a selection, the notice shall be sent to	85128
the adult next of kin other than the person who filed the	85129
affidavit if that person's address is known to the court or can be	85130
obtained through exercise of reasonable diligence;	85131

(E) The respondent's counsel;

85132

(F) The director, chief clinical officer, or the respective	85133
designee of the hospital, board, ~~agency~~community mental health	85134
services provider, or facility to which the person has been	85135
committed;	85136

(G) The board of alcohol, drug addiction, and mental health	85137
services serving the respondent's county of residence or ~~an agency~~	85138
a services provider the board designates.	85139

Any person entitled to notice under this section, with the	85140
exception of the respondent, may waive the notice.	85141

A copy of the affidavit and temporary order of detention	85142
shall be served with the notice to the parties and to respondent's	85143
counsel, if counsel has been appointed or retained.	85144

Sec. 5122.13. Upon receipt of the affidavit required by	85145
section 5122.11 of the Revised Code, the court shall refer the	85146
affidavit to the board of alcohol, drug addiction, and mental	85147
health services or ~~an agency~~community mental health services	85148
provider the board designates to assist the court in determining	85149
whether the respondent is subject to hospitalization and whether	85150
alternative services are available, unless the ~~agency~~services	85151
provider or board has already performed such screening. The board	85152
or ~~agency~~services provider shall review the allegations of the	85153
affidavit and other information relating to whether or not the	85154
person named in the affidavit or statement is a mentally ill	85155
person subject to hospitalization by court order, and the	85156
availability of appropriate treatment alternatives.	85157

The person who conducts the investigation shall promptly make	85158
a report to the court, in writing, in open court or in chambers,	85159
as directed by the court and a full record of the report shall be	85160
made by the court. The report is not admissible as evidence for	85161
the purpose of establishing whether or not the respondent is a	85162
mentally ill person subject to hospitalization by court order, but	85163
shall be considered by the court in its determination of an	85164
appropriate placement for any person after that person is found to	85165
be a mentally ill person subject to hospitalization.	85166

The court, prior to the hearing under section 5122.141 of the	85167
Revised Code, shall release a copy of the investigative report to	85168
the respondent's counsel.	85169

Nothing in this section precludes a judge or referee from	85170
issuing a temporary order of detention pursuant to section 5122.11	85171
of the Revised Code.	85172

Sec. 5122.15. (A) Full hearings shall be conducted in a	85173
manner consistent with this chapter and with due process of law.	85174
The hearings shall be conducted by a judge of the probate court or	85175
a referee designated by a judge of the probate court and may be	85176
conducted in or out of the county in which the respondent is held.	85177
Any referee designated under this division shall be an attorney.	85178

(1) With the consent of the respondent, the following shall	85179
be made available to counsel for the respondent:	85180

(a) All relevant documents, information, and evidence in the	85181
custody or control of the state or prosecutor;	85182

(b) All relevant documents, information, and evidence in the	85183
custody or control of the hospital in which the respondent	85184
currently is held, or in which the respondent has been held	85185
pursuant to this chapter;	85186

(c) All relevant documents, information, and evidence in the	85187
custody or control of any hospital, facility, or person not	85188
included in division (A)(1)(a) or (b) of this section.	85189

(2) The respondent has the right to attend the hearing and to	85190
be represented by counsel of the respondent's choice. The right to	85191
attend the hearing may be waived only by the respondent or counsel	85192
for the respondent after consultation with the respondent.	85193

(3) If the respondent is not represented by counsel, is	85194
absent from the hearing, and has not validly waived the right to	85195
counsel, the court shall appoint counsel immediately to represent	85196
the respondent at the hearing, reserving the right to tax costs of	85197
appointed counsel to the respondent, unless it is shown that the	85198
respondent is indigent. If the court appoints counsel, or if the	85199
court determines that the evidence relevant to the respondent's	85200
absence does not justify the absence, the court shall continue the	85201
case.	85202

(4) The respondent shall be informed that the respondent may	85203
retain counsel and have independent expert evaluation. If the	85204
respondent is unable to obtain an attorney, the respondent shall	85205
be represented by court-appointed counsel. If the respondent is	85206
indigent, court-appointed counsel and independent expert	85207
evaluation shall be provided as an expense under section 5122.43	85208
of the Revised Code.	85209

(5) The hearing shall be closed to the public, unless counsel	85210
for the respondent, with the permission of the respondent,	85211
requests that the hearing be open to the public.	85212

(6) If the hearing is closed to the public, the court, for	85213
good cause shown, may admit persons who have a legitimate interest	85214
in the proceedings. If the respondent, the respondent's counsel,	85215
or the designee of the director or of the chief clinical officer	85216
objects to the admission of any person, the court shall hear the	85217
objection and any opposing argument and shall rule upon the	85218
admission of the person to the hearing.	85219

(7) The affiant under section 5122.11 of the Revised Code	85220
shall be subject to subpoena by either party.	85221

(8) The court shall examine the sufficiency of all documents	85222
filed and shall inform the respondent, if present, and the	85223
respondent's counsel of the nature and content of the documents	85224
and the reason for which the respondent is being detained, or for	85225
which the respondent's placement is being sought.	85226

(9) The court shall receive only reliable, competent, and	85227
material evidence.	85228

(10) Unless proceedings are initiated pursuant to section	85229
5120.17 or 5139.08 of the Revised Code ~~or proceedings are~~	85230
~~initiated regarding a resident of the service district of a board~~	85231
~~of alcohol, drug addiction, and mental health services that elects~~	85232
~~under division (C)(2) of section 5119.62 of the Revised Code not~~	85233
~~to accept the amount allocated to it under that section~~, an	85234
attorney that the board designates shall present the case	85235
demonstrating that the respondent is a mentally ill person subject	85236
to hospitalization by court order. The attorney shall offer	85237
evidence of the diagnosis, prognosis, record of treatment, if any,	85238
and less restrictive treatment plans, if any. In proceedings	85239
pursuant to section 5120.17 or 5139.08 of the Revised Code ~~and in~~	85240
~~proceedings in which the respondent is a resident of a service~~	85241
~~district of a board that elects under division (C)(2) of section~~	85242
~~5119.62 of the Revised Code not to accept the amount allocated to~~	85243
~~it under that section~~, the attorney general shall designate an	85244
attorney who shall present the case demonstrating that the	85245
respondent is a mentally ill person subject to hospitalization by	85246
court order. The attorney shall offer evidence of the diagnosis,	85247
prognosis, record of treatment, if any, and less restrictive	85248
treatment plans, if any.	85249

(11) The respondent or the respondent's counsel has the right	85250
to subpoena witnesses and documents and to examine and	85251
cross-examine witnesses.	85252

(12) The respondent has the right, but shall not be	85253
compelled, to testify, and shall be so advised by the court.	85254

(13) On motion of the respondent or the respondent's counsel	85255
for good cause shown, or on the court's own motion, the court may	85256
order a continuance of the hearing.	85257

(14) If the respondent is represented by counsel and the	85258
respondent's counsel requests a transcript and record, or if the	85259
respondent is not represented by counsel, the court shall make and	85260
maintain a full transcript and record of the proceeding. If the	85261
respondent is indigent and the transcript and record is made, a	85262
copy shall be provided to the respondent upon request and be	85263
treated as an expense under section 5122.43 of the Revised Code.	85264

(15) To the extent not inconsistent with this chapter, the	85265
Rules of Civil Procedure are applicable.	85266

(B) Unless, upon completion of the hearing the court finds by	85267
clear and convincing evidence that the respondent is a mentally	85268
ill person subject to hospitalization by court order, it shall	85269
order the respondent's discharge immediately.	85270

(C) If, upon completion of the hearing, the court finds by	85271
clear and convincing evidence that the respondent is a mentally	85272
ill person subject to hospitalization by court order, the court	85273
shall order the respondent for a period not to exceed ninety days	85274
to any of the following:	85275

(1) A hospital operated by the department of ~~mental health~~	85276
mental health and addiction services if the respondent is	85277
committed pursuant to section 5139.08 of the Revised Code;	85278

(2) A nonpublic hospital;

85279

(3) The veterans' administration or other agency of the	85280
United States government;	85281

(4) A board of alcohol, drug addiction, and mental health	85282
services or ~~agency~~services provider the board designates;	85283

(5) Receive private psychiatric or psychological care and	85284
treatment;	85285

(6) Any other suitable facility or person consistent with the	85286
diagnosis, prognosis, and treatment needs of the respondent.	85287

(D) Any order made pursuant to division (C)(2), (3), (5), or	85288
(6) of this section shall be conditioned upon the receipt by the	85289
court of consent by the hospital, facility, agency, or person to	85290
accept the respondent.	85291

(E) In determining the place to which, or the person with	85292
whom, the respondent is to be committed, the court shall consider	85293
the diagnosis, prognosis, preferences of the respondent and the	85294
projected treatment plan for the respondent and shall order the	85295
implementation of the least restrictive alternative available and	85296
consistent with treatment goals. If the court determines that the	85297
least restrictive alternative available that is consistent with	85298
treatment goals is inpatient hospitalization, the court's order	85299
shall so state.	85300

(F) During such ninety-day period the hospital; facility;	85301
board of alcohol, drug addiction, and mental health services;	85302
~~agency~~services provider the board designates; or person shall	85303
examine and treat the individual. If, at any time prior to the	85304
expiration of the ninety-day period, it is determined by the	85305
hospital, facility, board, ~~agency~~services provider, or person	85306
that the respondent's treatment needs could be equally well met in	85307
an available and appropriate less restrictive environment, both of	85308
the following apply:	85309

(1) The respondent shall be released from the care of the	85310
hospital, ~~agency~~services provider, facility, or person	85311
immediately and shall be referred to the court together with a	85312
report of the findings and recommendations of the hospital, ~~agency~~	85313
services provider, facility, or person; and	85314

(2) The hospital, ~~agency~~services provider, facility, or	85315
person shall notify the respondent's counsel or the attorney	85316
designated by a board of alcohol, drug addiction, and mental	85317
health services or, if the respondent was committed to a board or	85318
~~an agency~~a services provider designated by the board, it shall	85319
place the respondent in the least restrictive environment	85320
available consistent with treatment goals and notify the court and	85321
the respondent's counsel of the placement.	85322

The court shall dismiss the case or order placement in the	85323
least restrictive environment.	85324

(G)(1) Except as provided in divisions (G)(2) and (3) of this	85325
section, any person who has been committed under this section, or	85326
for whom proceedings for hospitalization have been commenced	85327
pursuant to section 5122.11 of the Revised Code, may apply at any	85328
time for voluntary admission to the hospital, facility, ~~agency~~or	85329
services provider that the board designates, or person to which	85330
the person was committed. Upon admission as a voluntary patient	85331
the chief clinical officer of the hospital, ~~agency~~services	85332
provider, or other facility, or the person immediately shall	85333
notify the court, the patient's counsel, and the attorney	85334
designated by the board, if the attorney has entered the	85335
proceedings, in writing of that fact, and, upon receipt of the	85336
notice, the court shall dismiss the case.	85337

(2) A person who is found incompetent to stand trial or not	85338
guilty by reason of insanity and who is committed pursuant to	85339
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	85340
Code shall not voluntarily commit the person pursuant to this	85341
section until after the final termination of the commitment, as	85342
described in division (J) of section 2945.401 of the Revised Code.	85343

(H) If, at the end of the first ninety-day period or any	85344
subsequent period of continued commitment, there has been no	85345
disposition of the case, either by discharge or voluntary	85346
admission, the hospital, facility, board, ~~agency~~services	85347
provider, or person shall discharge the patient immediately,	85348
unless at least ten days before the expiration of the period the	85349
attorney the board designates or the prosecutor files with the	85350
court an application for continued commitment. The application of	85351
the attorney or the prosecutor shall include a written report	85352
containing the diagnosis, prognosis, past treatment, a list of	85353
alternative treatment settings and plans, and identification of	85354
the treatment setting that is the least restrictive consistent	85355
with treatment needs. The attorney the board designates or the	85356
prosecutor shall file the written report at least three days prior	85357
to the full hearing. A copy of the application and written report	85358
shall be provided to the respondent's counsel immediately.	85359

The court shall hold a full hearing on applications for	85360
continued commitment at the expiration of the first ninety-day	85361
period and at least every two years after the expiration of the	85362
first ninety-day period.	85363

Hearings following any application for continued commitment	85364
are mandatory and may not be waived.	85365

Upon request of a person who is involuntarily committed under	85366
this section, or the person's counsel, that is made more than one	85367
hundred eighty days after the person's last full hearing,	85368
mandatory or requested, the court shall hold a full hearing on the	85369
person's continued commitment. Upon the application of a person	85370
involuntarily committed under this section, supported by an	85371
affidavit of a psychiatrist or licensed clinical psychologist,	85372
alleging that the person no longer is a mentally ill person	85373
subject to hospitalization by court order, the court for good	85374
cause shown may hold a full hearing on the person's continued	85375
commitment prior to the expiration of one hundred eighty days	85376
after the person's last full hearing. Section 5122.12 of the	85377
Revised Code applies to all hearings on continued commitment.	85378

If the court, after a hearing for continued commitment finds	85379
by clear and convincing evidence that the respondent is a mentally	85380
ill person subject to hospitalization by court order, the court	85381
may order continued commitment at places specified in division (C)	85382
of this section.	85383

(I) Unless the admission is pursuant to section 5120.17 or	85384
5139.08 of the Revised Code, the chief clinical officer of the	85385
hospital or ~~agency~~services provider admitting a respondent	85386
pursuant to a judicial proceeding, within ten working days of the	85387
admission, shall make a report of the admission to the board of	85388
alcohol, drug addiction, and mental health services serving the	85389
respondent's county of residence.	85390

(J) A referee appointed by the court may make all orders that	85391
a judge may make under this section and sections 5122.11 and	85392
5122.141 of the Revised Code, except an order of contempt of	85393
court. The orders of a referee take effect immediately. Within	85394
fourteen days of the making of an order by a referee, a party may	85395
file written objections to the order with the court. The filed	85396
objections shall be considered a motion, shall be specific, and	85397
shall state their grounds with particularity. Within ten days of	85398
the filing of the objections, a judge of the court shall hold a	85399
hearing on the objections and may hear and consider any testimony	85400
or other evidence relating to the respondent's mental condition.	85401
At the conclusion of the hearing, the judge may ratify, rescind,	85402
or modify the referee's order.	85403

(K) An order of the court under division (C), (H), or (J) of	85404
this section is a final order.	85405

(L) Before a board, or ~~an agency~~a services provider the	85406
board designates, may place an unconsenting respondent in an	85407
inpatient setting from a less restrictive placement, the board or	85408
~~agency~~services provider shall do all of the following:	85409

(1) Determine that the respondent is in immediate need of	85410
treatment in an inpatient setting because the respondent	85411
represents a substantial risk of physical harm to the respondent	85412
or others if allowed to remain in a less restrictive setting;	85413

(2) On the day of placement in the inpatient setting or on	85414
the next court day, file with the court a motion for transfer to	85415
an inpatient setting or communicate to the court by telephone that	85416
the required motion has been mailed;	85417

(3) Ensure that every reasonable and appropriate effort is	85418
made to take the respondent to the inpatient setting in the least	85419
conspicuous manner possible;	85420

(4) Immediately notify the board's designated attorney and	85421
the respondent's attorney.	85422

At the respondent's request, the court shall hold a hearing	85423
on the motion and make a determination pursuant to division (E) of	85424
this section within five days of the placement.	85425

(M) Before a board, or ~~an agency~~a services provider the	85426
board designates, may move a respondent from one residential	85427
placement to another, the board or ~~agency~~services provider shall	85428
consult with the respondent about the placement. If the respondent	85429
objects to the placement, the proposed placement and the need for	85430
it shall be reviewed by a qualified mental health professional who	85431
otherwise is not involved in the treatment of the respondent.	85432

Sec. 5122.17. Pending ~~his~~ removal to a hospital, a person	85433
taken into custody or ordered to be hospitalized pursuant to this	85434
chapter may be detained for not more than forty-eight hours in a	85435
licensed rest or nursing home, a licensed or unlicensed hospital,	85436
a community mental health ~~agency~~services provider, or a county	85437
home, but hethe person shall not be detained in a nonmedical	85438
facility used for detention of persons charged with or convicted	85439
of penal offenses unless the court finds that a less restrictive	85440
alternative cannot be made available.	85441

Sec. 5122.18. Whenever a person has been involuntarily	85442
detained at or admitted to a hospital, community mental health	85443
~~agency~~services provider, or other facility at the request of	85444
anyone other than the person's legal guardian, spouse, or next of	85445
kin under this chapter, the chief clinical officer of the	85446
hospital, ~~agency~~services provider, or other facility in which the	85447
person is temporarily detained under section 5122.17 of the	85448
Revised Code shall immediately notify the person's legal guardian,	85449
spouse or next of kin, and counsel, if these persons can be	85450
ascertained through exercise of reasonable diligence. If a person	85451
voluntarily remains at or is admitted to a hospital, ~~agency~~	85452
services provider, or other facility, such notification shall not	85453
be given without ~~his~~the person's consent. The chief clinical	85454
officer of the hospital, ~~agency~~services provider, or other	85455
facility shall inform a person voluntarily remaining at or	85456
admitted to a hospital, ~~agency~~services provider, or other	85457
facility that hethe person may authorize such notification.	85458

Sec. 5122.19. Every person transported to a hospital or	85459
community mental health ~~agency~~services provider pursuant to	85460
sections 5122.11 to 5122.16 of the Revised Code, shall be examined	85461
by the staff of the hospital or ~~agency~~services provider as soon	85462
as practicable after ~~his~~ arrival at the hospital or ~~agency~~	85463
services provider. Such an examination shall be held within	85464
twenty-four hours after the time of arrival, and if the chief	85465
clinical officer fails after such an examination to certify that	85466
in ~~his~~the chief clinical officer's opinion the person is a	85467
mentally ill person subject to hospitalization by court order, the	85468
person shall be immediately released.	85469

Sec. 5122.20. The director of ~~mental health~~mental health	85470
and addiction services or the director's designee may transfer, or	85471
authorize the transfer of, an involuntary patient, or a consenting	85472
voluntary patient hospitalized pursuant to section 5122.02 or	85473
sections 5122.11 to 5122.15 of the Revised Code, from one public	85474
hospital to another, or to a hospital, community mental health	85475
~~agency~~services provider, or other facility offering treatment or	85476
other services for mental illness, if the medical director of the	85477
department of ~~mental health~~mental health and addiction services	85478
determines that it would be consistent with the medical needs of	85479
the patient to do so. If such a transfer is made to a private	85480
facility, the transfer shall be conditioned upon the consent of	85481
the facility.	85482

Before an involuntary patient may be transferred to a more	85483
restrictive setting, the chief clinical officer shall file a	85484
motion with the court requesting the court to amend its order of	85485
placement issued under section 5122.15 of the Revised Code. At the	85486
patient's request, the court shall hold a hearing on the motion at	85487
which the patient has the same rights as at a full hearing under	85488
section 5122.15 of the Revised Code. The hearing shall be held	85489
within ten days after the date on which the respondent was	85490
transferred to the more restrictive setting or on which the motion	85491
was filed, whichever is earlier. On the motion of the respondent,	85492
the respondent's counsel, or the chief clinical officer, or on its	85493
own motion, and for good cause shown, the court may order a	85494
continuance of the hearing for up to ten days.	85495

Whenever an involuntary patient is transferred, written	85496
notice of the transfer shall be given to the patient's legal	85497
guardian, parents, spouse, and counsel, or, if none is known, to	85498
the patient's nearest known relative or friend. If the patient is	85499
a minor, the department, before making such a transfer, shall make	85500
a minute of the order for the transfer and the reason for it upon	85501
its record and shall send a certified copy at least seven days	85502
prior to the transfer to the person shown by its record to have	85503
had the care or custody of the minor immediately prior to the	85504
minor's commitment. Whenever a consenting voluntary patient is	85505
transferred, the notification shall be given only at the patient's	85506
request. The chief clinical officer shall advise a voluntary	85507
patient who is being transferred that the patient may decide if	85508
the notification shall be given. In all such transfers, due	85509
consideration shall be given to the wishes of the patient, and the	85510
relationship of the patient to the patient's family, legal	85511
guardian, or friends, so as to maintain the relationship and	85512
encourage visits beneficial to the patient.	85513

When a voluntary patient whose medical or psychological needs	85514
are found by the chief clinical officer to warrant a transfer	85515
refuses to be transferred to an alternate facility, the chief	85516
clinical officer may file an affidavit for a hearing under section	85517
5122.11 of the Revised Code.	85518

Sec. 5122.21. (A) The chief clinical officer shall as	85519
frequently as practicable, and at least once every thirty days,	85520
examine or cause to be examined every patient, and, whenever the	85521
chief clinical officer determines that the conditions justifying	85522
involuntary hospitalization or commitment no longer obtain, shall	85523
discharge the patient not under indictment or conviction for crime	85524
and immediately make a report of the discharge to the department	85525
of ~~mental health~~mental health and addiction services. The chief	85526
clinical officer may discharge a patient who is under an	85527
indictment, a sentence of imprisonment, a community control	85528
sanction, or a post-release control sanction or on parole ten days	85529
after written notice of intent to discharge the patient has been	85530
given by personal service or certified mail, return receipt	85531
requested, to the court having criminal jurisdiction over the	85532
patient. Except when the patient was found not guilty by reason of	85533
insanity and the defendant's commitment is pursuant to section	85534
2945.40 of the Revised Code, the chief clinical officer has final	85535
authority to discharge a patient who is under an indictment, a	85536
sentence of imprisonment, a community control sanction, or a	85537
post-release control sanction or on parole.	85538

(B) After a finding pursuant to section 5122.15 of the	85539
Revised Code that a person is a mentally ill person subject to	85540
hospitalization by court order, the chief clinical officer of the	85541
hospital or ~~agency~~community mental health services provider to	85542
which the person is ordered or to which the person is transferred	85543
under section 5122.20 of the Revised Code, may grant a discharge	85544
without the consent or authorization of any court.	85545

Upon discharge, the chief clinical officer shall notify the	85546
court that caused the judicial hospitalization of the discharge	85547
from the hospital.	85548

Sec. 5122.23. The chief clinical officer of a public	85549
hospital shall immediately report to the department of ~~mental~~	85550
~~health~~mental health and addiction services and the board of	85551
alcohol, drug addiction, and mental health services serving the	85552
patient's county of residence the removal, death, escape,	85553
discharge, or trial visit of any patient hospitalized under	85554
section 5122.15 of the Revised Code, or the return of such an	85555
escaped or visiting patient to the department, the probate judge	85556
of the county from which such patient was hospitalized, and the	85557
probate judge of the county of residence of such patient. In case	85558
of death, the chief clinical officer also shall notify one or more	85559
of the nearest relatives of the deceased patient, if known to ~~him~~	85560
the chief clinical officer, by letter, telegram, or telephone. If	85561
the place of residence of such relative is unknown to the chief	85562
clinical officer, immediately upon receiving notification the	85563
probate judge shall in the speediest manner possible notify such	85564
relatives, if known to ~~him~~the probate judge.	85565

The chief clinical officer of a public hospital, upon the	85566
request of the probate judge of the county from which a patient	85567
was hospitalized or the probate judge of the county of residence	85568
of such a patient, shall make a report to the judge of the	85569
condition of any patient under the care, treatment, custody, or	85570
control of the chief clinical officer.	85571

Sec. 5122.25. Upon the request of a hospital, person, board,	85572
~~agency~~community mental health services provider, or facility who	85573
has custody of a patient hospitalized pursuant to section 5122.15	85574
of the Revised Code, or on the order of the court, such patient	85575
may be called for a rehearing at such place within the county of	85576
~~his~~the patient's residence or the county where such patient is	85577
hospitalized as the court designates. The hearing shall be	85578
conducted pursuant to section 5122.15 of the Revised Code.	85579

Sec. 5122.26. (A) If a patient is absent without leave, on a	85580
verbal or written order issued within five days of the time of the	85581
unauthorized absence by the department of ~~mental health~~mental	85582
health and addiction services, the chief clinical officer of the	85583
hospital from which the patient is absent without leave, or the	85584
court of either the county from which the patient was committed or	85585
in which the patient is found, any health or police officer or	85586
sheriff may take the patient into custody and transport the	85587
patient to the hospital in which the patient was hospitalized or	85588
to a place that is designated in the order. The officer	85589
immediately shall report such fact to the ~~agency~~entity that	85590
issued the order.	85591

The chief clinical officer of a hospital may discharge a	85592
patient who is under an indictment, a sentence of imprisonment, a	85593
community control sanction, or a post-release control sanction or	85594
on parole and who has been absent without leave for more than	85595
thirty days but shall give written notice of the discharge to the	85596
court with criminal jurisdiction over the patient. The chief	85597
clinical officer of a hospital may discharge any other patient who	85598
has been absent without leave for more than fourteen days.	85599

The chief clinical officer shall take all proper measures for	85600
the apprehension of an escaped patient. The expense of the return	85601
of an escaped patient shall be borne by the hospital where the	85602
patient is hospitalized.	85603

(B)(1) Subject to division (B)(2) of this section, no patient	85604
hospitalized under Chapter 5122. of the Revised Code whose absence	85605
without leave was caused or contributed to by the patient's mental	85606
illness shall be subject to a charge of escape.	85607

(2) Division (B)(1) of this section does not apply to any	85608
person who was hospitalized, institutionalized, or confined in a	85609
facility under an order made pursuant to or under authority of	85610
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	85611
2945.402 of the Revised Code and who escapes from the facility,	85612
from confinement in a vehicle for transportation to or from the	85613
facility, or from supervision by an employee of the facility that	85614
is incidental to hospitalization, institutionalization, or	85615
confinement in the facility and that occurs outside the facility,	85616
in violation of section 2921.34 of the Revised Code.	85617

Sec. 5122.27. The chief clinical officer of the hospital or	85618
the chief clinical officer's designee shall assure that all	85619
patients hospitalized or committed pursuant to this chapter shall:	85620

(A) Receive, within twenty days of their admission sufficient	85621
professional care to assure that an evaluation of current status,	85622
differential diagnosis, probable prognosis, and description of the	85623
current treatment plan is stated on the official chart;	85624

(B) Have a written treatment plan consistent with the	85625
evaluation, diagnosis, prognosis, and goals which shall be	85626
provided, upon request of the patient or patient's counsel, to the	85627
patient's counsel and to any private physician or licensed	85628
clinical psychologist designated by the patient or the patient's	85629
counsel or to the Ohio protection and advocacy system;	85630

(C) Receive treatment consistent with the treatment plan. The	85631
department of ~~mental health~~mental health and addiction services	85632
shall set standards for treatment provided to such patients,	85633
consistent wherever possible with standards set by the joint	85634
commission ~~on accreditation of healthcare organizations~~.	85635

(D) Receive periodic reevaluations of the treatment plan by	85636
the professional staff at intervals not to exceed ninety days;	85637

(E) Be provided with adequate medical treatment for physical	85638
disease or injury;	85639

(F) Receive humane care and treatment, including without	85640
limitation, the following:	85641

(1) The least restrictive environment consistent with the	85642
treatment plan;	85643

(2) The necessary facilities and personnel required by the	85644
treatment plan;	85645

(3) A humane psychological and physical environment;

85646

(4) The right to obtain current information concerning the	85647
patient's treatment program and expectations in terms that the	85648
patient can reasonably understand;	85649

(5) Participation in programs designed to afford the patient	85650
substantial opportunity to acquire skills to facilitate return to	85651
the community or to terminate an involuntary commitment;	85652

(6) The right to be free from unnecessary or excessive	85653
medication;	85654

(7) Freedom from restraints or isolation unless it is stated	85655
in a written order by the chief clinical officer or the chief	85656
clinical officer's designee, or the patient's individual physician	85657
or psychologist in a private or general hospital.	85658

If the chief clinical officer of the hospital is unable to	85659
provide the treatment required by divisions (C), (E), and (F) of	85660
this section for any patient hospitalized pursuant to Chapter	85661
5122. of the Revised Code, the chief clinical officer shall	85662
immediately notify the patient, the court, the Ohio protection and	85663
advocacy system, the director of ~~mental health~~mental health and	85664
addiction services, and the patient's counsel and legal guardian,	85665
if known. If within ten days after receipt of such notification by	85666
the director, the director is unable to effect a transfer of the	85667
patient, pursuant to section 5122.20 of the Revised Code, to a	85668
hospital, community mental health ~~agency~~services provider, or	85669
other medical facility where treatment is available, or has not	85670
received an order of the court to the contrary, the involuntary	85671
commitment of any patient hospitalized pursuant to Chapter 5122.	85672
of the Revised Code and defined as a mentally ill person subject	85673
to hospitalization by court order under division (B)(4) of section	85674
5122.01 of the Revised Code shall automatically be terminated.	85675

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	85676
and (E) of this section, the chief clinical officer or, in a	85677
nonpublic hospital, the attending physician responsible for a	85678
patient's care shall provide all information, including expected	85679
physical and medical consequences, necessary to enable any patient	85680
of a hospital for the mentally ill to give a fully informed,	85681
intelligent, and knowing consent, the opportunity to consult with	85682
independent specialists and counsel, and the right to refuse	85683
consent for any of the following:	85684

(1) Surgery;

85685

(2) Convulsive therapy;

85686

(3) Major aversive interventions;

85687

(4) Sterilizations;

85688

(5) Any unusually hazardous treatment procedures;

85689

(6) Psycho-surgery.

85690

(B) No patient shall be subjected to any of the procedures	85691
listed in divisions (A)(4) to (6) of this section until both the	85692
patient's informed, intelligent, and knowing consent and the	85693
approval of the court have been obtained, except that court	85694
approval is not required for a legally competent and voluntary	85695
patient in a nonpublic hospital.	85696

(C) If, after providing the information required under	85697
division (A) of this section to the patient, the chief clinical	85698
officer or attending physician concludes that a patient is	85699
physically or mentally unable to receive the information required	85700
for surgery under division (A)(1) of this section, or has been	85701
adjudicated incompetent, the information may be provided to the	85702
patient's natural or court-appointed guardian, who may give an	85703
informed, intelligent, and knowing written consent.	85704

If a patient is physically or mentally unable to receive the	85705
information required for surgery under division (A)(1) of this	85706
section and has no guardian, the information, the recommendation	85707
of the chief clinical officer, and the concurring judgment of a	85708
licensed physician who is not a full-time employee of the state	85709
may be provided to the court in the county in which the hospital	85710
is located, which may approve the surgery. Before approving the	85711
surgery, the court shall notify the Ohio protection and advocacy	85712
system created by section 5123.60 of the Revised Code, and shall	85713
notify the patient of the rights to consult with counsel, to have	85714
counsel appointed by the court if the patient is indigent, and to	85715
contest the recommendation of the chief clinical officer.	85716

(D) If, in a medical emergency, and after providing the	85717
information required under division (A) of this section to the	85718
patient, it is the judgment of one licensed physician that delay	85719
in obtaining surgery would create a grave danger to the health of	85720
the patient, it may be administered without the consent of the	85721
patient or the patient's guardian if the necessary information is	85722
provided to the patient's spouse or next of kin to enable that	85723
person to give informed, intelligent, and knowing written consent.	85724
If no spouse or next of kin can reasonably be contacted, or if the	85725
spouse or next of kin is contacted, but refuses to consent, the	85726
surgery may be performed upon the written authorization of the	85727
chief clinical officer or, in a nonpublic hospital, upon the	85728
written authorization of the attending physician responsible for	85729
the patient's care, and after the approval of the court has been	85730
obtained. However, if delay in obtaining court approval would	85731
create a grave danger to the life of the patient, the chief	85732
clinical officer or, in a nonpublic hospital, the attending	85733
physician responsible for the patient's care may authorize	85734
surgery, in writing, without court approval. If the surgery is	85735
authorized without court approval, the chief clinical officer or	85736
the attending physician who made the authorization and the	85737
physician who performed the surgery shall each execute an	85738
affidavit describing the circumstances constituting the emergency	85739
and warranting the surgery and the circumstances warranting their	85740
not obtaining prior court approval. The affidavit shall be filed	85741
with the court with which the request for prior approval would	85742
have been filed within five court days after the surgery, and a	85743
copy of the affidavit shall be placed in the patient's file and be	85744
given to the guardian, spouse, or next of kin of the patient, to	85745
the hospital at which the surgery was performed, and to the Ohio	85746
protection and advocacy system as defined in section 5123.60 of	85747
the Revised Code.	85748

(E) Major aversive interventions shall not be used unless a	85749
patient continues to engage in behavior destructive to self or	85750
others after other forms of therapy have been attempted. Major	85751
aversive interventions may be applied if approved by the director	85752
of ~~mental health~~mental health and addiction services. Major	85753
aversive interventions shall not be applied to a voluntary patient	85754
without the informed, intelligent, and knowing written consent of	85755
the patient or the patient's guardian.	85756

(F) Unless there is substantial risk of physical harm to self	85757
or others, or other than under division (D) of this section, this	85758
chapter does not authorize any form of compulsory medical,	85759
psychological, or psychiatric treatment of any patient who is	85760
being treated by spiritual means through prayer alone in	85761
accordance with a recognized religious method of healing without	85762
specific court authorization.	85763

(G) For purposes of this section, "convulsive therapy" does	85764
not include defibrillation.	85765

Sec. 5122.31. (A) All certificates, applications, records,	85766
and reports made for the purpose of this chapter and sections	85767
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	85768
Code, other than court journal entries or court docket entries,	85769
and directly or indirectly identifying a patient or former patient	85770
or person whose hospitalization has been sought under this	85771
chapter, shall be kept confidential and shall not be disclosed by	85772
any person except:	85773

(1) If the person identified, or the person's legal guardian,	85774
if any, or if the person is a minor, the person's parent or legal	85775
guardian, consents, and if the disclosure is in the best interests	85776
of the person, as may be determined by the court for judicial	85777
records and by the chief clinical officer for medical records;	85778

(2) When disclosure is provided for in this chapter, Chapters	85779
340. or 5119., Title XLVII, or section 5123.601 of the Revised	85780
Code;	85781

(3) That hospitals, boards of alcohol, drug addiction, and	85782
mental health services, and community mental health ~~agencies~~	85783
services providers may release necessary medical information to	85784
insurers and other third-party payers, including government	85785
entities responsible for processing and authorizing payment, to	85786
obtain payment for goods and services furnished to the patient;	85787

(4) Pursuant to a court order signed by a judge;

85788

(5) That a patient shall be granted access to the patient's	85789
own psychiatric and medical records, unless access specifically is	85790
restricted in a patient's treatment plan for clear treatment	85791
reasons;	85792

(6) That hospitals and other institutions and facilities	85793
within the department of ~~mental health~~mental health and addiction	85794
services may exchange psychiatric records and other pertinent	85795
information with other hospitals, institutions, and facilities of	85796
the department, and with community mental health ~~agencies~~services	85797
providers and boards of alcohol, drug addiction, and mental health	85798
services with which the department has a current agreement for	85799
patient care or services. Records and information that may be	85800
released pursuant to this division shall be limited to medication	85801
history, physical health status and history, financial status,	85802
summary of course of treatment in the hospital, summary of	85803
treatment needs, and a discharge summary, if any.	85804

(7) That hospitals within the department,and other	85805
institutions and facilities within the department~~, hospitals~~	85806
~~licensed by the department under section 5119.20 of the Revised~~	85807
~~Code, and community mental health agencies~~ may exchange	85808
psychiatric records and other pertinent information with payers	85809
and other providers of treatment and health services if the	85810
purpose of the exchange is to facilitate continuity of care for a	85811
patient or for the emergency treatment of an individual;	85812

(8) That a patient's family member who is involved in the	85813
provision, planning, and monitoring of services to the patient may	85814
receive medication information, a summary of the patient's	85815
diagnosis and prognosis, and a list of the services and personnel	85816
available to assist the patient and the patient's family, if the	85817
patient's treating physician determines that the disclosure would	85818
be in the best interests of the patient. No such disclosure shall	85819
be made unless the patient is notified first and receives the	85820
information and does not object to the disclosure.	85821

(9) That community mental health ~~agencies~~services providers	85822
may exchange psychiatric records and certain other information	85823
with the board of alcohol, drug addiction, and mental health	85824
services and other ~~agencies~~services providers in order to	85825
provide services to a person involuntarily committed to a board.	85826
Release of records under this division shall be limited to	85827
medication history, physical health status and history, financial	85828
status, summary of course of treatment, summary of treatment	85829
needs, and discharge summary, if any.	85830

(10) That information may be disclosed to the executor or the	85831
administrator of an estate of a deceased patient when the	85832
information is necessary to administer the estate;	85833

(11) That records in the possession of the Ohio historical	85834
society may be released to the closest living relative of a	85835
deceased patient upon request of that relative;	85836

(12) ~~That information may be disclosed to staff members of~~	85837
~~the appropriate board or to staff members designated by the~~	85838
~~director of mental health for the purpose of evaluating the~~	85839
~~quality, effectiveness, and efficiency of services and determining~~	85840
~~if the services meet minimum standards. Information obtained~~	85841
~~during such evaluations shall not be retained with the name of any~~	85842
~~patient.~~	85843

~~(13)~~ That records pertaining to the patient's diagnosis,	85844
course of treatment, treatment needs, and prognosis shall be	85845
disclosed and released to the appropriate prosecuting attorney if	85846
the patient was committed pursuant to section 2945.38, 2945.39,	85847
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	85848
attorney designated by the board for proceedings pursuant to	85849
involuntary commitment under this chapter.	85850

~~(14)~~(13) That the department of ~~mental health~~mental health	85851
and addiction services may exchange psychiatric hospitalization	85852
records, other mental health treatment records, and other	85853
pertinent information with the department of rehabilitation and	85854
correction and with the department of youth services to ensure	85855
continuity of care for inmates or offenders who are receiving	85856
mental health services in an institution of the department of	85857
rehabilitation and correction or the department of youth services	85858
and may exchange psychiatric hospitalization records, other mental	85859
health treatment records, and other pertinent information with	85860
boards of alcohol, drug addiction, and mental health services and	85861
community mental health services providers to ensure continuity of	85862
care for inmates or offenders who are receiving mental health	85863
services in an institution and are scheduled for release within	85864
six months. The department shall not disclose those records unless	85865
the inmate or offender is notified, receives the information, and	85866
does not object to the disclosure. The release of records under	85867
this division is limited to records regarding an inmate's or	85868
offender's medication history, physical health status and history,	85869
summary of course of treatment, summary of treatment needs, and a	85870
discharge summary, if any.	85871

~~(15) That a community mental health agency that ceases to~~	85872
~~operate may transfer to either a community mental health agency~~	85873
~~that assumes its caseload or to the board of alcohol, drug~~	85874
~~addiction, and mental health services of the service district in~~	85875
~~which the patient resided at the time services were most recently~~	85876
~~provided any treatment records that have not been transferred~~	85877
~~elsewhere at the patient's request.~~	85878

(B) Before records are disclosed pursuant to divisions	85879
(A)(3), (6), and (9) of this section, the custodian of the records	85880
shall attempt to obtain the patient's consent for the disclosure.	85881
No person shall reveal the contents of a medical record of a	85882
patient except as authorized by law.	85883

(C) The managing officer of a hospital who releases necessary	85884
medical information under division (A)(3) of this section to allow	85885
an insurance carrier or other third party payor to comply with	85886
section 5121.43 of the Revised Code shall neither be subject to	85887
criminal nor civil liability.	85888

Sec. 5122.311. (A) Notwithstanding any provision of the	85889
Revised Code to the contrary, if, on or after ~~the effective date~~	85890
~~of this section~~April 8, 2004, an individual is found by a court	85891
to be a mentally ill person subject to hospitalization by court	85892
order or becomes an involuntary patient other than one who is a	85893
patient only for purposes of observation, the probate judge who	85894
made the adjudication or the chief clinical officer of the	85895
hospital, ~~agency~~community mental health services provider, or	85896
facility in which the person is an involuntary patient shall	85897
notify the bureau of criminal identification and investigation, on	85898
the form described in division (C) of this section, of the	85899
identity of the individual. The notification shall be transmitted	85900
by the judge or the chief clinical officer not later than seven	85901
days after the adjudication or commitment.	85902

(B) The bureau of criminal identification and investigation	85903
shall compile and maintain the notices it receives under division	85904
(A) of this section and shall use them for the purpose of	85905
conducting incompetency records checks pursuant to section 311.41	85906
of the Revised Code. The notices and the information they contain	85907
are confidential, except as provided in this division, and are not	85908
public records.	85909

(C) The attorney general, by rule adopted under Chapter 119.	85910
of the Revised Code, shall prescribe and make available to all	85911
probate judges and all chief clinical officers a form to be used	85912
by them for the purpose of making the notifications required by	85913
division (A) of this section.	85914

Sec. 5122.32. (A) As used in this section:

85915

(1) "Quality assurance committee" means a committee that is	85916
appointed in the central office of the department of ~~mental health~~	85917
mental health and addiction services by the director of ~~mental~~	85918
~~health~~mental health and addiction services, a committee of a	85919
hospital or community setting program, ~~a committee established~~	85920
~~pursuant to section 5119.47 of the Revised Code of the department~~	85921
~~of mental health appointed by the managing officer of the hospital~~	85922
~~or program,~~ or a duly authorized subcommittee of a committee of	85923
that nature and that is designated to carry out quality assurance	85924
program activities.	85925

(2) "Quality assurance program" means a comprehensive program	85926
within the department of ~~mental health~~mental health and addiction	85927
services to systematically review and improve the quality of	85928
medical and mental health services within the department and its	85929
hospitals and community setting programs, the safety and security	85930
of persons receiving medical and mental health services within the	85931
department and its hospitals and community setting programs, and	85932
the efficiency and effectiveness of the utilization of staff and	85933
resources in the delivery of medical and mental health services	85934
within the department and its hospitals and community setting	85935
programs. "Quality assurance program" includes the central office	85936
quality assurance committees, morbidity and mortality review	85937
committees, quality assurance programs of community setting	85938
programs, quality assurance committees of hospitals operated by	85939
the department of ~~mental health~~mental health and addiction	85940
services, and the office of licensure and certification of the	85941
department.	85942

(3) "Quality assurance program activities" include collecting	85943
or compiling information and reports required by a quality	85944
assurance committee, receiving, reviewing, or implementing the	85945
recommendations made by a quality assurance committee, and	85946
credentialing, privileging, infection control, tissue review, peer	85947
review, utilization review including access to patient care	85948
records, patient care assessment records, and medical and mental	85949
health records, medical and mental health resource management,	85950
mortality and morbidity review, and identification and prevention	85951
of medical or mental health incidents and risks, whether performed	85952
by a quality assurance committee or by persons who are directed by	85953
a quality assurance committee.	85954

(4) "Quality assurance records" means the proceedings,	85955
discussion, records, findings, recommendations, evaluations,	85956
opinions, minutes, reports, and other documents or actions that	85957
emanate from quality assurance committees, quality assurance	85958
programs, or quality assurance program activities. "Quality	85959
assurance records" does not include aggregate statistical	85960
information that does not disclose the identity of persons	85961
receiving or providing medical or mental health services in	85962
department of ~~mental health institutions~~mental health and	85963
addiction services hospitals or community setting programs .	85964

(B)(1) Except as provided in division (E) of this section,	85965
quality assurance records are confidential and are not public	85966
records under section 149.43 of the Revised Code, and shall be	85967
used only in the course of the proper functions of a quality	85968
assurance program.	85969

(2) Except as provided in division (E) of this section, no	85970
person who possesses or has access to quality assurance records	85971
and who knows that the records are quality assurance records shall	85972
willfully disclose the contents of the records to any person or	85973
entity.	85974

(C)(1) Except as provided in division (E) of this section, no	85975
quality assurance record shall be subject to discovery in, and is	85976
not admissible in evidence, in any judicial or administrative	85977
proceeding.	85978

(2) Except as provided in division (E) of this section, no	85979
member of a quality assurance committee or a person who is	85980
performing a function that is part of a quality assurance program	85981
shall be permitted or required to testify in a judicial or	85982
administrative proceeding with respect to quality assurance	85983
records or with respect to any finding, recommendation,	85984
evaluation, opinion, or other action taken by the committee,	85985
member, or person.	85986

(3) Information, documents, or records otherwise available	85987
from original sources are not to be construed as being unavailable	85988
for discovery or admission in evidence in a judicial or	85989
administrative proceeding merely because they were presented to a	85990
quality assurance committee. No person testifying before a quality	85991
assurance committee or person who is a member of a quality	85992
assurance committee shall be prevented from testifying as to	85993
matters within the person's knowledge, but the witness cannot be	85994
asked about the witness' testimony before the quality assurance	85995
committee or about an opinion formed by the person as a result of	85996
the quality assurance committee proceedings.	85997

(D)(1) A person who, without malice and in the reasonable	85998
belief that the information is warranted by the facts known to the	85999
person, provides information to a person engaged in quality	86000
assurance program activities is not liable for damages in a civil	86001
action for injury, death, or loss to person or property to any	86002
person as a result of providing the information.	86003

(2) A member of a quality assurance committee, a person	86004
engaged in quality assurance program activities, and an employee	86005
of the department of ~~mental health~~mental health and addiction	86006
services shall not be liable in damages in a civil action for	86007
injury, death, or loss to person or property to any person for any	86008
acts, omissions, decisions, or other conduct within the scope of	86009
the functions of the quality assurance program.	86010

(3) Nothing in this section shall relieve any institution or	86011
individual from liability arising from the treatment of a patient.	86012

(E) Quality assurance records may be disclosed, and testimony	86013
may be provided concerning quality assurance records, only to the	86014
following persons or entities:	86015

(1) Persons who are employed or retained by the department of	86016
~~mental health~~mental health and addiction services and who have	86017
authority to evaluate or implement the recommendations of a	86018
state-operated hospital, community setting program, or central	86019
office quality assurance committee;	86020

(2) Public or private agencies or organizations if needed to	86021
perform a licensing or accreditation function related to	86022
department of ~~mental health~~mental health and addiction services	86023
hospitals or community setting programs, or to perform monitoring	86024
of a hospital or program of that nature as required by law.	86025

(F) A disclosure of quality assurance records pursuant to	86026
division (E) of this section does not otherwise waive the	86027
confidential and privileged status of the disclosed quality	86028
assurance records.	86029

(G) Nothing in this section shall limit the access of the	86030
Ohio protection and advocacy system to records or personnel as	86031
required under section 5123.601 of the Revised Code. Nothing in	86032
this section shall limit the admissibility of documentary or	86033
testimonial evidence in an action brought by the Ohio protection	86034
and advocacy system in its own name or on behalf of a client.	86035

Sec. 5122.33. The department of ~~mental health~~mental health	86036
and addiction services may prescribe the form of applications,	86037
reports, records, and medical certificates provided for under this	86038
chapter, and the information required to be contained therein;	86039
require reports from the chief clinical officer of any public	86040
hospital relating to the admission, examination, diagnosis,	86041
release, or discharge of any patient; visit each such hospital	86042
regularly to review the admission procedures of all new patients	86043
admitted between visits; investigate by personal visit complaints	86044
made by any patient or by any person on behalf of a patient; and	86045
adopt such rules as are reasonably necessary to effectuate the	86046
provisions of this chapter.	86047

Sec. 5122.34. (A) Persons, including, but not limited to,	86048
boards of alcohol, drug addiction, and mental health services and	86049
community mental health ~~agencies~~services providers, acting in	86050
good faith, either upon actual knowledge or information thought by	86051
them to be reliable, who procedurally or physically assist in the	86052
hospitalization or discharge, determination of appropriate	86053
placement, or in judicial proceedings of a person under this	86054
chapter, do not come within any criminal provisions, and are free	86055
from any liability to the person hospitalized or to any other	86056
person.	86057

(B) Regardless of whether any affirmative action has been	86058
taken under this chapter with respect to a mental health client or	86059
patient and except as otherwise provided in section 2305.51 of the	86060
Revised Code, no person shall be liable for any harm that results	86061
to any other person as a result of failing to disclose any	86062
confidential information about the mental health client or	86063
patient, or failing to otherwise attempt to protect such other	86064
person from harm by such client or patient.	86065

(C) This section applies to expert witnesses who testify at	86066
hearings under this chapter.	86067

(D) The immunity from liability conferred by this section is	86068
in addition to and not in limitation of any immunity conferred by	86069
any other section of the Revised Code or by judicial precedent.	86070

Sec. 5122.341. (A) As used in this section:

86071

(1) "Facility or ~~agency~~provider" means, in the context of a	86072
person committed to the department of ~~mental health~~mental health	86073
and addiction services under sections 2945.37 to 2945.402 of the	86074
Revised Code, any entity in which the department of ~~mental health~~	86075
mental health and addiction services places such a person.	86076

(2) "Person committed to the department" means a person	86077
committed to the department of ~~mental health~~mental health and	86078
addiction services under sections 2945.37 to 2945.402 of the	86079
Revised Code.	86080

(B) No member of a board of directors, or employee, of a	86081
facility or ~~agency~~provider in which the department of ~~mental~~	86082
~~health~~mental health and addiction services places a person	86083
committed to the department is liable for injury or damages caused	86084
by any action or inaction taken within the scope of the board	86085
member's official duties or employee's employment relating to the	86086
commitment of, and services provided to, the person committed to	86087
the department, unless the action or inaction constitutes willful	86088
or wanton misconduct. A board member's or employee's action or	86089
inaction does not constitute willful or wanton misconduct if the	86090
board member or employee acted in good faith and reasonably under	86091
the circumstances and with the knowledge reasonably attributable	86092
to the board member or employee.	86093

The immunity from liability conferred by this section is in	86094
addition to and not in limitation of any immunity conferred by any	86095
other section of the Revised Code or by judicial precedent.	86096

Sec. 5122.39. (A) Mentally ill minors shall remain under the	86097
natural guardianship of their parents, notwithstanding	86098
hospitalization pursuant to this chapter, unless parental rights	86099
have been terminated pursuant to a court finding that the minor is	86100
neglected or dependent. Where a mentally ill minor is found to be	86101
dependent or neglected, the public children's services agency in	86102
the county of residence has final guardianship authority and	86103
responsibility.	86104

(B) In no case shall the guardianship of a mentally ill	86105
person be assigned to the chief medical officer or any staff	86106
member of a hospital, board, or ~~agency~~provider from which the	86107
person is receiving mental health services.	86108

Sec. 5122.43. (A) Costs, fees, and expenses of all	86109
proceedings held under this chapter shall be paid as follows:	86110

(1) To police and health officers, other than sheriffs or	86111
their deputies, the same fees allowed to constables, to be paid	86112
upon the approval of the probate judge;	86113

(2) To sheriffs or their deputies, the same fees allowed for	86114
similar services in the court of common pleas;	86115

(3) To physicians or licensed clinical psychologists acting	86116
as expert witnesses and to other expert witnesses designated by	86117
the court, an amount determined by the court;	86118

(4) To other witnesses, the same fees and mileage as for	86119
attendance at the court of common pleas, to be paid upon the	86120
approval of the probate judge;	86121

(5) To a person, other than the sheriff or the sheriff's	86122
deputies, for taking a mentally ill person to a hospital or	86123
removing a mentally ill person from a hospital, the actual	86124
necessary expenses incurred, specifically itemized, and approved	86125
by the probate judge;	86126

(6) To assistants who convey mentally ill persons to the	86127
hospital when authorized by the probate judge, a fee set by the	86128
probate court, provided the assistants are not drawing a salary	86129
from the state or any political subdivision of the state, and	86130
their actual necessary expenses incurred, provided that the	86131
expenses are specifically itemized and approved by the probate	86132
judge;	86133

(7) To an attorney appointed by the probate division for an	86134
indigent who allegedly is a mentally ill person pursuant to any	86135
section of this chapter, the fees that are determined by the	86136
probate division. When those indigent persons are before the	86137
court, all filing and recording fees shall be waived.	86138

(8) To a referee who is appointed to conduct proceedings	86139
under this chapter that involve a respondent whose domicile is or,	86140
before the respondent's hospitalization, was not the county in	86141
which the proceedings are held, compensation as fixed by the	86142
probate division, but not more than the compensation paid for	86143
similar proceedings for respondents whose domicile is in the	86144
county in which the proceedings are held;	86145

(9) To a court reporter appointed to make a transcript of	86146
proceedings under this chapter, the compensation and fees allowed	86147
in other cases under section 2101.08 of the Revised Code.	86148

(B) A county shall pay for the costs, fees, and expenses	86149
described in division (A) of this section with money appropriated	86150
pursuant to section 2101.11 of the Revised Code. A county may seek	86151
reimbursement from the department of ~~mental health~~mental health	86152
and addiction services by submitting a request and certification	86153
by the county auditor of the costs, fees, and expenses to the	86154
department within two months of the date the costs, fees, and	86155
expenses are incurred by the county.	86156

Each fiscal year, based on past allocations, historical	86157
utilization, and other factors the department considers	86158
appropriate, the department shall allocate for each county an	86159
amount for reimbursements under this section. The total of all the	86160
allocations shall equal the amount appropriated for the fiscal	86161
year to the department specifically for the purposes of this	86162
section.	86163

On receipt, the department shall review each request for	86164
reimbursement and prepare a voucher for the amount of the costs,	86165
fees, and expenses incurred by the county, provided that the total	86166
amount of money paid to all counties in each fiscal year shall not	86167
exceed the total amount of moneys specifically appropriated to the	86168
department for these purposes.	86169

The department's total reimbursement to each county shall be	86170
the lesser of the full amount requested or the amount allocated	86171
for the county under this division. In addition, the department	86172
shall distribute any surplus remaining from the money appropriated	86173
for the fiscal year to the department for the purposes of this	86174
section as follows to counties whose full requests exceed their	86175
allocations:	86176

(1) If the surplus is sufficient to reimburse such counties	86177
the full amount of their requests, each such county shall receive	86178
the full amount of its request;	86179

(2) If the surplus is insufficient, each such county shall	86180
receive a percentage of the surplus determined by dividing the	86181
difference between the county's full request and its allocation by	86182
the difference between the total of the full requests of all such	86183
counties and the total of the amounts allocated for all such	86184
counties.	86185

The department may adopt rules in accordance with Chapter	86186
119. of the Revised Code to implement the payment of costs, fees,	86187
and expenses under this section.	86188

Sec. 5122.44. As used in sections 5122.44 to 5122.47 of the	86189
Revised Code:	86190

(A) "Compilation" means a written list of the following	86191
information, as the department of ~~mental health~~mental health and	86192
addiction services is able to reasonably ascertain, for every	86193
patient who was buried, entombed, or inurned prior to ~~the~~	86194
~~effective date of this section~~March 31, 2005, in a cemetery	86195
located on the grounds of or adjacent to the grounds of a public	86196
hospital:	86197

(1) Name;

86198

(2) Date of birth;

86199

(3) Date of death or burial;

86200

(4) Specific physical location of the burial, entombment, or	86201
inurnment, including the plot or grave site number if available.	86202

(B) "Patient" means an individual who died while admitted to	86203
a public hospital that was under the control of the department of	86204
~~mental health~~mental health and addiction services.	86205

(C) "Record" has the same meaning as in section 149.011 of	86206
the Revised Code.	86207

(D) "State agency" means every organized body, office, or	86208
agency established by the laws of the state for the exercise of	86209
any function of state government.	86210

Sec. 5122.45. The department of ~~mental health~~mental health	86211
and addiction services shall create a separate compilation for	86212
each cemetery located on the grounds of or adjacent to the grounds	86213
of a public hospital that is under the control of the department	86214
on ~~the effective date of this section~~March 31, 2005. The	86215
compilation shall be created within a reasonable time not	86216
exceeding three years after ~~the effective date of this section~~	86217
March 31, 2005. The department shall use its best efforts to	86218
create the most complete compilations possible using records in	86219
the department's possession and records obtained in accordance	86220
with section 5122.46 of the Revised Code.	86221

Sec. 5122.46. The Ohio historical society and each state	86222
agency shall, at the request of the department of ~~mental health~~	86223
mental health and addiction services, provide the department	86224
access to records and information in the possession of the	86225
historical society or state agency for purposes of creating	86226
compilations.	86227

Sec. 5122.47. The department of ~~mental health~~mental health	86228
and addiction services shall deposit a copy of each compilation	86229
with the Ohio historical society and the state library as soon as	86230
a compilation is completed. The department shall not disclose any	86231
record or information used to create a compilation except as	86232
provided in sections 149.43 and 5122.31 of the Revised Code.	86233

Sec. 5123.01. As used in this chapter:

86234

(A) "Chief medical officer" means the licensed physician	86235
appointed by the managing officer of an institution for the	86236
mentally retarded with the approval of the director of	86237
developmental disabilities to provide medical treatment for	86238
residents of the institution.	86239

(B) "Chief program director" means a person with special	86240
training and experience in the diagnosis and management of the	86241
mentally retarded, certified according to division (C) of this	86242
section in at least one of the designated fields, and appointed by	86243
the managing officer of an institution for the mentally retarded	86244
with the approval of the director to provide habilitation and care	86245
for residents of the institution.	86246

(C) "Comprehensive evaluation" means a study, including a	86247
sequence of observations and examinations, of a person leading to	86248
conclusions and recommendations formulated jointly, with	86249
dissenting opinions if any, by a group of persons with special	86250
training and experience in the diagnosis and management of persons	86251
with mental retardation or a developmental disability, which group	86252
shall include individuals who are professionally qualified in the	86253
fields of medicine, psychology, and social work, together with	86254
such other specialists as the individual case may require.	86255

(D) "Education" means the process of formal training and	86256
instruction to facilitate the intellectual and emotional	86257
development of residents.	86258

(E) "Habilitation" means the process by which the staff of	86259
the institution assists the resident in acquiring and maintaining	86260
those life skills that enable the resident to cope more	86261
effectively with the demands of the resident's own person and of	86262
the resident's environment and in raising the level of the	86263
resident's physical, mental, social, and vocational efficiency.	86264
Habilitation includes but is not limited to programs of formal,	86265
structured education and training.	86266

(F) "Health officer" means any public health physician,	86267
public health nurse, or other person authorized or designated by a	86268
city or general health district.	86269

(G) "Home and community-based services" means medicaid-funded	86270
home and community-based services specified in division ~~(B)~~(A)(1)	86271
of section ~~5111.87~~5166.20 of the Revised Code provided under the	86272
medicaid waiver components the department of developmental	86273
disabilities administers pursuant to section ~~5111.871~~5166.21 of	86274
the Revised Code. Except as provided in section 5123.0412 of the	86275
Revised Code, home and community-based services provided under the	86276
medicaid waiver component known as the transitions developmental	86277
disabilities waiver are to be considered to be home and	86278
community-based services for the purposes of this chapter, and	86279
Chapters 5124. and 5126. of the Revised Code, only to the extent,	86280
if any, provided by the contract required by section ~~5111.871~~	86281
5166.21 of the Revised Code regarding the waiver.	86282

(H) "ICF/MR" has the same meaning as in section 5124.01 of	86283
the Revised Code.	86284

(I) "Indigent person" means a person who is unable, without	86285
substantial financial hardship, to provide for the payment of an	86286
attorney and for other necessary expenses of legal representation,	86287
including expert testimony.	86288

~~(I)~~(J) "Institution" means a public or private facility, or a	86289
part of a public or private facility, that is licensed by the	86290
appropriate state department and is equipped to provide	86291
residential habilitation, care, and treatment for the mentally	86292
retarded.	86293

~~(J)~~(K) "Licensed physician" means a person who holds a valid	86294
certificate issued under Chapter 4731. of the Revised Code	86295
authorizing the person to practice medicine and surgery or	86296
osteopathic medicine and surgery, or a medical officer of the	86297
government of the United States while in the performance of the	86298
officer's official duties.	86299

~~(K)~~(L) "Managing officer" means a person who is appointed by	86300
the director of developmental disabilities to be in executive	86301
control of an institution for the mentally retarded under the	86302
jurisdiction of the department.	86303

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	86304
~~the Revised Code.~~	86305

(M) "Medicaid case management services" means case management	86306
services provided to an individual with mental retardation or	86307
other developmental disability that the state medicaid plan	86308
requires.	86309

(N) "Mentally retarded person" means a person having	86310
significantly subaverage general intellectual functioning existing	86311
concurrently with deficiencies in adaptive behavior, manifested	86312
during the developmental period.	86313

(O) "Mentally retarded person subject to institutionalization	86314
by court order" means a person eighteen years of age or older who	86315
is at least moderately mentally retarded and in relation to whom,	86316
because of the person's retardation, either of the following	86317
conditions exist:	86318

(1) The person represents a very substantial risk of physical	86319
impairment or injury to self as manifested by evidence that the	86320
person is unable to provide for and is not providing for the	86321
person's most basic physical needs and that provision for those	86322
needs is not available in the community;	86323

(2) The person needs and is susceptible to significant	86324
habilitation in an institution.	86325

(P) "A person who is at least moderately mentally retarded"	86326
means a person who is found, following a comprehensive evaluation,	86327
to be impaired in adaptive behavior to a moderate degree and to be	86328
functioning at the moderate level of intellectual functioning in	86329
accordance with standard measurements as recorded in the most	86330
current revision of the manual of terminology and classification	86331
in mental retardation published by the American association on	86332
mental retardation.	86333

(Q) As used in this division, "substantial functional	86334
limitation," "developmental delay," and "established risk" have	86335
the meanings established pursuant to section 5123.011 of the	86336
Revised Code.	86337

"Developmental disability" means a severe, chronic disability	86338
that is characterized by all of the following:	86339

(1) It is attributable to a mental or physical impairment or	86340
a combination of mental and physical impairments, other than a	86341
mental or physical impairment solely caused by mental illness as	86342
defined in division (A) of section 5122.01 of the Revised Code.	86343

(2) It is manifested before age twenty-two.

86344

(3) It is likely to continue indefinitely.

86345

(4) It results in one of the following:

86346

(a) In the case of a person under three years of age, at	86347
least one developmental delay or an established risk;	86348

(b) In the case of a person at least three years of age but	86349
under six years of age, at least two developmental delays or an	86350
established risk;	86351

(c) In the case of a person six years of age or older, a	86352
substantial functional limitation in at least three of the	86353
following areas of major life activity, as appropriate for the	86354
person's age: self-care, receptive and expressive language,	86355
learning, mobility, self-direction, capacity for independent	86356
living, and, if the person is at least sixteen years of age,	86357
capacity for economic self-sufficiency.	86358

(5) It causes the person to need a combination and sequence	86359
of special, interdisciplinary, or other type of care, treatment,	86360
or provision of services for an extended period of time that is	86361
individually planned and coordinated for the person.	86362

(R) "Developmentally disabled person" means a person with a	86363
developmental disability.	86364

(S) "State institution" means an institution that is	86365
tax-supported and under the jurisdiction of the department.	86366

(T) "Residence" and "legal residence" have the same meaning	86367
as "legal settlement," which is acquired by residing in Ohio for a	86368
period of one year without receiving general assistance prior to	86369
July 17, 1995, under former Chapter 5113. of the Revised Code,	86370
financial assistance under Chapter 5115. of the Revised Code, or	86371
assistance from a private agency that maintains records of	86372
assistance given. A person having a legal settlement in the state	86373
shall be considered as having legal settlement in the assistance	86374
area in which the person resides. No adult person coming into this	86375
state and having a spouse or minor children residing in another	86376
state shall obtain a legal settlement in this state as long as the	86377
spouse or minor children are receiving public assistance, care, or	86378
support at the expense of the other state or its subdivisions. For	86379
the purpose of determining the legal settlement of a person who is	86380
living in a public or private institution or in a home subject to	86381
licensing by the department of job and family services, the	86382
department of ~~mental health~~mental health and addiction services,	86383
or the department of developmental disabilities, the residence of	86384
the person shall be considered as though the person were residing	86385
in the county in which the person was living prior to the person's	86386
entrance into the institution or home. Settlement once acquired	86387
shall continue until a person has been continuously absent from	86388
Ohio for a period of one year or has acquired a legal residence in	86389
another state. A woman who marries a man with legal settlement in	86390
any county immediately acquires the settlement of her husband. The	86391
legal settlement of a minor is that of the parents, surviving	86392
parent, sole parent, parent who is designated the residential	86393
parent and legal custodian by a court, other adult having	86394
permanent custody awarded by a court, or guardian of the person of	86395
the minor, provided that:	86396

(1) A minor female who marries shall be considered to have	86397
the legal settlement of her husband and, in the case of death of	86398
her husband or divorce, she shall not thereby lose her legal	86399
settlement obtained by the marriage.	86400

(2) A minor male who marries, establishes a home, and who has	86401
resided in this state for one year without receiving general	86402
assistance prior to July 17, 1995, under former Chapter 5113. of	86403
the Revised Code, financial assistance under Chapter 5115. of the	86404
Revised Code, or assistance from a private agency that maintains	86405
records of assistance given shall be considered to have obtained a	86406
legal settlement in this state.	86407

(3) The legal settlement of a child under eighteen years of	86408
age who is in the care or custody of a public or private child	86409
caring agency shall not change if the legal settlement of the	86410
parent changes until after the child has been in the home of the	86411
parent for a period of one year.	86412

No person, adult or minor, may establish a legal settlement	86413
in this state for the purpose of gaining admission to any state	86414
institution.	86415

(U)(1) "Resident" means, subject to division ~~(R)~~(U)(2) of	86416
this section, a person who is admitted either voluntarily or	86417
involuntarily to an institution or other facility pursuant to	86418
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	86419
Code subsequent to a finding of not guilty by reason of insanity	86420
or incompetence to stand trial or under this chapter who is under	86421
observation or receiving habilitation and care in an institution.	86422

(2) "Resident" does not include a person admitted to an	86423
institution or other facility under section 2945.39, 2945.40,	86424
2945.401, or 2945.402 of the Revised Code to the extent that the	86425
reference in this chapter to resident, or the context in which the	86426
reference occurs, is in conflict with any provision of sections	86427
2945.37 to 2945.402 of the Revised Code.	86428

(V) "Respondent" means the person whose detention,	86429
commitment, or continued commitment is being sought in any	86430
proceeding under this chapter.	86431

(W) "Working day" and "court day" mean Monday, Tuesday,	86432
Wednesday, Thursday, and Friday, except when such day is a legal	86433
holiday.	86434

(X) "Prosecutor" means the prosecuting attorney, village	86435
solicitor, city director of law, or similar chief legal officer	86436
who prosecuted a criminal case in which a person was found not	86437
guilty by reason of insanity, who would have had the authority to	86438
prosecute a criminal case against a person if the person had not	86439
been found incompetent to stand trial, or who prosecuted a case in	86440
which a person was found guilty.	86441

(Y) "Court" means the probate division of the court of common	86442
pleas.	86443

(Z) "Supported living" and "residential services" have the	86444
same meanings as in section 5126.01 of the Revised Code.	86445

Sec. 5123.021. (A) As used in this section, "mentally	86446
retarded individual" and "specialized services" have the same	86447
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	86448

(B)(1) Except as provided in division (B)(2) of this section	86449
and rules adopted under division (E)(3) of this section, for	86450
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	86451
department of developmental disabilities shall determine in	86452
accordance with section 1919(e)(7) of the "Social Security Act,"	86453
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations	86454
adopted under section 1919(f)(8)(A) of that act whether, because	86455
of the individual's physical and mental condition, a mentally	86456
retarded individual seeking admission to a nursing facility	86457
requires the level of services provided by a nursing facility and,	86458
if the individual requires that level of services, whether the	86459
individual requires specialized services for mental retardation.	86460

(2) A determination under this division is not required for	86461
any of the following:	86462

(a) An individual seeking readmission to a nursing facility	86463
after having been transferred from a nursing facility to a	86464
hospital for care;	86465

(b) An individual who meets all of the following conditions:

86466

(i) The individual is admitted to the nursing facility	86467
directly from a hospital after receiving inpatient care at the	86468
hospital;	86469

(ii) The individual requires nursing facility services for	86470
the condition for which the individual received care in the	86471
hospital;	86472

(iii) The individual's attending physician has certified,	86473
before admission to the nursing facility, that the individual is	86474
likely to require less than thirty days of nursing facility	86475
services.	86476

(c) An individual transferred from one nursing facility to	86477
another nursing facility, with or without an intervening hospital	86478
stay.	86479

(C) Except as provided in rules adopted under division (F)(3)	86480
of this section, the department of developmental disabilities	86481
shall review and determine, for each resident of a nursing	86482
facility who is mentally retarded, whether the resident, because	86483
of the resident's physical and mental condition, requires the	86484
level of services provided by a nursing facility and whether the	86485
resident requires specialized services for mental retardation. The	86486
review and determination shall be conducted in accordance with	86487
section 1919(e)(7) of the "Social Security Act" and the	86488
regulations adopted under section 1919(f)(8)(A) of the act. The	86489
review and determination shall be completed promptly after a	86490
nursing facility has notified the department that there has been a	86491
significant change in the resident's mental or physical condition.	86492

(D)(1) In the case of a nursing facility resident who has	86493
continuously resided in a nursing facility for at least thirty	86494
months before the date of a review and determination under	86495
division (C) of this section, if the resident is determined not to	86496
require the level of services provided by a nursing facility, but	86497
is determined to require specialized services for mental	86498
retardation, the department, in consultation with the resident's	86499
family or legal representative and care givers, shall do all of	86500
the following:	86501

(a) Inform the resident of the institutional and	86502
noninstitutional alternatives covered under the state plan for	86503
medical assistance;	86504

(b) Offer the resident the choice of remaining in the nursing	86505
facility or receiving covered services in an alternative	86506
institutional or noninstitutional setting;	86507

(c) Clarify the effect on eligibility for services under the	86508
state plan for medical assistance if the resident chooses to leave	86509
the facility, including its effect on readmission to the facility;	86510

(d) Provide for or arrange for the provision of specialized	86511
services for the resident's mental retardation in the setting	86512
chosen by the resident.	86513

(2) In the case of a nursing facility resident who has	86514
continuously resided in a nursing facility for less than thirty	86515
months before the date of the review and determination under	86516
division (C) of this section, if the resident is determined not to	86517
require the level of services provided by a nursing facility, but	86518
is determined to require specialized services for mental	86519
retardation, or if the resident is determined to require neither	86520
the level of services provided by a nursing facility nor	86521
specialized services for mental retardation, the department shall	86522
act in accordance with its alternative disposition plan approved	86523
by the United States department of health and human services under	86524
section 1919(e)(7)(E) of the "Social Security Act."	86525

(3) In the case of an individual who is determined under	86526
division (B) or (C) of this section to require both the level of	86527
services provided by a nursing facility and specialized services	86528
for mental retardation, the department of developmental	86529
disabilities shall provide or arrange for the provision of the	86530
specialized services needed by the individual or resident while	86531
residing in a nursing facility.	86532

(E) The department of developmental disabilities shall adopt	86533
rules in accordance with Chapter 119. of the Revised Code that do	86534
all of the following:	86535

(1) Establish criteria to be used in making the	86536
determinations required by divisions (B) and (C) of this section.	86537
The criteria shall not exceed the criteria established by	86538
regulations adopted by the United States department of health and	86539
human services under section 1919(f)(8)(A) of the "Social Security	86540
Act."	86541

(2) Specify information to be provided by the individual or	86542
nursing facility resident being assessed;	86543

(3) Specify any circumstances, in addition to circumstances	86544
listed in division (B) of this section, under which determinations	86545
under divisions (B) and (C) of this section are not required to be	86546
made.	86547

Sec. 5123.022. It(A) As used in this section:

86548

(1) "Community employment" means competitive employment that	86549
takes place in an integrated setting.	86550

(2) "Competitive employment" means full-time or part-time	86551
work in the competitive labor market in which payment is at or	86552
above the minimum wage but not less than the customary wage and	86553
level of benefits paid by the employer for the same or similar	86554
work performed by persons who are not disabled.	86555

(3) "Integrated setting" means a setting typically found in	86556
the community where individuals with developmental disabilities	86557
interact with individuals who do not have disabilities to the same	86558
extent that individuals in comparable positions who are not	86559
disabled interact with other individuals, including in employment	86560
settings in which employees interact with the community through	86561
technology.	86562

(B) It is hereby declared to be the policy of this state that	86563
employment services for individuals with developmental	86564
disabilities be directed at placement whenever possible of each	86565
individual in ~~a position in the~~ community ~~in which the individual~~	86566
~~is integrated with the employer's other workers who are not~~	86567
~~developmentally disabled~~employment. ~~The~~Every individual with a	86568
developmental disability is presumed capable of community	86569
employment unless proven otherwise through an individualized	86570
assessment process.	86571

The departments of developmental disabilities, education,	86572
medicaid, job and family services, and ~~mental health~~mental health	86573
and addiction services; the rehabilitation services commission ;	86574
and each other state agency that provides employment services to	86575
individuals with developmental disabilities shall implement ~~this~~	86576
the policy of this state and ensure that it is followed whenever	86577
employment services are provided to individuals with developmental	86578
disabilities.	86579

The department of developmental disabilities shall coordinate	86580
the actions taken by state agencies to comply with the state's	86581
policy. Agencies shall collaborate within their divisions and with	86582
each other to ensure that state programs, policies, procedures,	86583
and funding support competitive and integrated employment of	86584
individuals with developmental disabilities. State agencies shall	86585
share information with the department, and the department shall	86586
track progress toward full implementation of the policy. The	86587
department, in coordination with any task force established by the	86588
governor, shall compile data and annually submit to the governor a	86589
report on implementation of the policy.	86590

The department and state agencies may adopt rules to	86591
implement the state's policy.	86592

(C) The state's policy articulated in this section is	86593
intended to promote the right of each individual with a	86594
developmental disability to informed choice; however, nothing in	86595
this section requires any employer to give preference in hiring to	86596
an individual because the individual has a disability.	86597

Sec. 5123.023. (A) The director of developmental	86598
disabilities may establish an employment first task force	86599
consisting of the departments of developmental disabilities,	86600
education, medicaid, job and family services, and mental health	86601
and addiction services; and the opportunities for Ohioans with	86602
disabilities agency. The purpose of the task force shall be to	86603
improve the coordination of the state's efforts to address the	86604
needs of individuals with developmental disabilities who seek	86605
community employment as defined in section 5123.022 of the Revised	86606
Code.	86607

(B) The department of developmental disabilities may enter	86608
into interagency agreements with any of the government entities on	86609
the task force. The interagency agreements may specify either or	86610
both of the following:	86611

(1) The roles and responsibilities of the government entities	86612
that are members of the task force, including any money to be	86613
contributed by those entities;	86614

(2) The projects and activities of the task force.

86615

(C) There is hereby created in the state treasury the	86616
employment first taskforce fund. Any money received by the task	86617
force from its members shall be credited to the fund. The	86618
department of developmental disabilities shall use the fund to	86619
support the work of the task force.	86620

(D) The task force shall cease to exist on January 1, 2020.	86621
Any money, assets, or employees of the department of developmental	86622
disabilities that on that date are dedicated to the work of the	86623
task force shall be reallocated by the department for employment	86624
services for individuals with developmental disabilities.	86625

Sec. 5123.03. (A) The department of developmental	86626
disabilities shall do all of the following:	86627

(1) Maintain, operate, manage, and govern all state	86628
institutions for the care, treatment, and training of the mentally	86629
retarded;	86630

(2) Designate all such institutions by appropriate names;

86631

(3) Provide and designate facilities for the custody, care,	86632
and special treatment of persons of the following classes:	86633

(a) Dangerous persons in state institutions for the mentally	86634
retarded who represent a serious threat to the safety of the other	86635
patients of the institution;	86636

(b) Persons charged with crimes who are found incompetent to	86637
stand trial or not guilty by reason of insanity and who are also	86638
mentally retarded persons subject to institutionalization by court	86639
order.	86640

(4) Have control of all institutions maintained in part by	86641
the state for the care, treatment, and training of the mentally	86642
retarded;	86643

(5) Administer the laws relative to persons in such	86644
institutions in an efficient, economical, and humane manner;	86645

(6) Ascertain by actual examinations and inquiry whether	86646
institutionalizations are made according to law.	86647

(B) The department may do any of the following:

86648

(1) Subject to section 5139.08 of the Revised Code, receive	86649
from the department of youth services for observation, diagnosis,	86650
care, habilitation, or placement any children in the custody of	86651
the department of youth services;	86652

(2) Receive for observation any minor from a public	86653
institution other than an institution under the jurisdiction of	86654
the department of developmental disabilities, from a private	86655
charitable institution, or from a person having legal custody of	86656
such a minor, upon such terms as are proper;	86657

(3) Receive from the department of ~~mental health~~mental	86658
health and addiction services any patient in the custody of the	86659
department who is transferred to the department of developmental	86660
disabilities upon such terms and conditions as may be agreed upon	86661
by the two departments.	86662

(C) In addition to the powers and duties expressly conferred	86663
by this section, the department may take any other action	86664
necessary for the full and efficient executive, administrative,	86665
and fiscal supervision of the state institutions described in this	86666
section.	86667

Sec. 5123.0412. (A) The department of developmental	86668
disabilities shall charge each county board of developmental	86669
disabilities an annual fee equal to one and one-quarter per cent	86670
of the total value of all medicaid paid claims for home and	86671
community-based services provided during the year to an individual	86672
eligible for services from the county board. However, the	86673
department shall not charge the fee for home and community-based	86674
services provided under the medicaid waiver component known as the	86675
transitions developmental disabilities waiver. No county board	86676
shall pass the cost of a fee charged to the county board under	86677
this section on to another provider of these services.	86678

(B) The fees collected under this section shall be deposited	86679
into the ODDD administration and oversight fund ~~and the ODJFS~~	86680
~~administration and oversight fund, both of~~ , which ~~are~~is hereby	86681
created in the state treasury. ~~The portion of the fees to be~~	86682
~~deposited into the ODDD administration and oversight fund and the~~	86683
~~portion of the fees to be deposited into the ODJFS administration~~	86684
~~and oversight fund shall be the portion specified in an~~	86685
~~interagency agreement entered into under division (C) of this~~	86686
~~section.~~ The department ~~of developmental disabilities~~ shall use	86687
the money in the ODDD administration and oversight fund ~~and the~~	86688
~~department of job and family services shall use the money in the~~	86689
~~ODJFS administration and oversight fund~~ for both of the following	86690
purposes:	86691

(1) Medicaid administrative costs, including administrative	86692
and oversight costs of medicaid case management services and home	86693
and community-based services. The administrative and oversight	86694
costs of medicaid case management services and home and	86695
community-based services shall include costs for staff, systems,	86696
and other resources the ~~departments need~~department needs and	86697
~~dedicate~~dedicates solely to the following duties associated with	86698
the services:	86699

(a) Eligibility determinations;

86700

(b) Training;

86701

86702

(d) Claims processing;

86703

(e) Quality assurance oversight;

86704

(f) Other duties the ~~departments identify~~department	86705
identifies.	86706

(2) Providing technical support to county boards' local	86707
administrative authority under section 5126.055 of the Revised	86708
Code for the services.	86709

(C) ~~The departments of developmental disabilities and job and~~	86710
~~family services shall enter into an interagency agreement to do~~	86711
~~both of the following:~~	86712

~~(1) Specify which portion of the fees collected under this~~	86713
~~section is to be deposited into the ODDD administration and~~	86714
~~oversight fund and which portion is to be deposited into the ODJFS~~	86715
~~administration and oversight fund;~~	86716

~~(2) Provide for the departments to coordinate the staff whose~~	86717
~~costs are paid for with money in the ODDD administration and~~	86718
~~oversight fund and the ODJFS administration and oversight fund.~~	86719

~~(D)~~ The ~~departments~~department shall submit an annual report	86720
to the director of budget and management certifying how the	86721
~~departments~~department spent the money in the ODDD administration	86722
and oversight fund ~~and the ODJFS administration and oversight fund~~	86723
for the purposes specified in division (B) of this section.	86724

Sec. 5123.0417. (A) The director of developmental	86725
disabilities shall establish one or more programs for individuals	86726
under twenty-two years of age who have intensive behavioral needs,	86727
including such individuals with a primary diagnosis of autism	86728
spectrum disorder. The programs may include one or more medicaid	86729
waiver components that the director administers pursuant to	86730
section ~~5111.871~~5166.21 of the Revised Code. The programs may do	86731
one or more of the following:	86732

(1) Establish models that incorporate elements common to	86733
effective intervention programs and evidence-based practices in	86734
services for children with intensive behavioral needs;	86735

(2) Design a template for individualized education plans and	86736
individual service plans that provide consistent intervention	86737
programs and evidence-based practices for the care and treatment	86738
of children with intensive behavioral needs;	86739

(3) Disseminate best practice guidelines for use by families	86740
of children with intensive behavioral needs and professionals	86741
working with such families;	86742

(4) Develop a transition planning model for effectively	86743
mainstreaming school-age children with intensive behavioral needs	86744
to their public school district;	86745

(5) Contribute to the field of early and effective	86746
identification and intervention programs for children with	86747
intensive behavioral needs by providing financial support for	86748
scholarly research and publication of clinical findings.	86749

(B) The director of developmental disabilities shall	86750
collaborate with the medicaid director ~~of job and family services~~	86751
and consult with the executive director of the Ohio center for	86752
autism and low incidence and university-based programs that	86753
specialize in services for individuals with developmental	86754
disabilities when establishing programs under this section.	86755

Sec. 5123.09. Subject to the rules of the department of	86756
developmental disabilities, each institution under the	86757
jurisdiction of the department shall be under the control of a	86758
managing officer to be known as a superintendent or by other	86759
appropriate title. The managing officer shall be appointed by the	86760
director of developmental disabilities and shall be in the	86761
unclassified service and serve at the pleasure of the director.	86762
Each managing officer shall be of good moral character and have	86763
skill, ability, and experience in the managing officer's	86764
profession. Appointment to the position of managing officer of an	86765
institution may be made from persons holding positions in the	86766
classified service in the department.	86767

The managing officer, under the director, shall have entire	86768
executive charge of the institution for which the managing officer	86769
is appointed, except as provided in section ~~5119.16~~5119.44 of the	86770
Revised Code. Subject to civil service rules and rules adopted by	86771
the department, the managing officer shall appoint the necessary	86772
employees, and the managing officer or the director may remove	86773
those employees for cause. A report of all appointments,	86774
resignations, and discharges shall be filed with the appropriate	86775
division at the close of each month.	86776

After conference with the managing officer of each	86777
institution, the director shall determine the number of employees	86778
to be appointed to the various institutions and clinics.	86779

Sec. 5123.171. As used in this section, "respite care" means	86780
appropriate, short-term, temporary care provided to a mentally	86781
retarded or developmentally disabled person to sustain the family	86782
structure or to meet planned or emergency needs of the family.	86783

The department of developmental disabilities shall provide	86784
respite care services to persons with mental retardation or a	86785
developmental disability for the purpose of promoting	86786
self-sufficiency and normalization, preventing or reducing	86787
inappropriate institutional care, and furthering the unity of the	86788
family by enabling the family to meet the special needs of a	86789
mentally retarded or developmentally disabled person.	86790

In order to be eligible for respite care services under this	86791
section, the mentally retarded or developmentally disabled person	86792
must be in need of habilitation services as defined in section	86793
5126.01 of the Revised Code.	86794

Respite care may be provided in a residential facility	86795
licensed under section 5123.19 of the Revised Code (, including a	86796
residential facility certified as an ~~intermediate care facility~~	86797
~~for the mentally retarded under Title XIX of the "Social Security~~	86798
~~Act," 79 Stat. 344 (1965), 42 U.S.C. 1396, et seq., as amended)~~	86799
ICF/MR, and a respite care home certified under section 5126.05 of	86800
the Revised Code.	86801

The department shall develop a system for locating vacant	86802
beds that are available for respite care and for making	86803
information on vacant beds available to users of respite care	86804
services. ~~Facilities certified as intermediate care facilities for~~	86805
~~the mentally retarded~~ICFs/MR shall report vacant beds to the	86806
department but shall not be required to accept respite care	86807
clients.	86808

The director of developmental disabilities shall adopt, and	86809
may amend or rescind, rules in accordance with Chapter 119. of the	86810
Revised Code for both of the following:	86811

(A) Certification by county boards of developmental	86812
disabilities of respite care homes;	86813

(B) Provision of respite care services authorized by this	86814
section. Rules adopted under this division shall establish all of	86815
the following:	86816

(1) A formula for distributing funds appropriated for respite	86817
care services;	86818

(2) Standards for supervision, training and quality control	86819
in the provision of respite care services;	86820

(3) Eligibility criteria for emergency respite care services.

86821

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	86822
the Revised Code:	86823

(1) "Independent living arrangement" means an arrangement in	86824
which a mentally retarded or developmentally disabled person	86825
resides in an individualized setting chosen by the person or the	86826
person's guardian, which is not dedicated principally to the	86827
provision of residential services for mentally retarded or	86828
developmentally disabled persons, and for which no financial	86829
support is received for rendering such service from any	86830
governmental agency by a provider of residential services.	86831

(2) ~~"Intermediate care facility for the mentally retarded"~~	86832
~~has the same meaning as in section 1905(d) of the "Social Security~~	86833
~~Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.~~	86834

~~(3)~~ "Licensee" means the person or government agency that has	86835
applied for a license to operate a residential facility and to	86836
which the license was issued under this section.	86837

~~(4)~~(3) "Political subdivision" means a municipal corporation,	86838
county, or township.	86839

~~(5)~~(4) "Related party" has the same meaning as in section	86840
5123.16 of the Revised Code except that "provider" as used in the	86841
definition of "related party" means a person or government entity	86842
that held or applied for a license to operate a residential	86843
facility, rather than a person or government entity certified to	86844
provide supported living.	86845

~~(6)~~(5)(a) Except as provided in division (A)~~(6)~~(5)(b) of this	86846
section, "residential facility" means a home or facility,	86847
including ~~a facility certified as an intermediate care facility~~	86848
~~for the mentally retarded~~an ICF/MR, in which an individual with	86849
mental retardation or a developmental disability resides.	86850

(b) "Residential facility" does not mean any of the	86851
following:	86852

(i) The home of a relative or legal guardian in which an	86853
individual with mental retardation or a developmental disability	86854
resides;	86855

(ii) A respite care home certified under section 5126.05 of	86856
the Revised Code;	86857

(iii) A county home or district home operated pursuant to	86858
Chapter 5155. of the Revised Code;	86859

(iv) A dwelling in which the only residents with mental	86860
retardation or developmental disabilities are in independent	86861
living arrangements or are being provided supported living.	86862

(B) Every person or government agency desiring to operate a	86863
residential facility shall apply for licensure of the facility to	86864
the director of developmental disabilities unless the residential	86865
facility is subject to section 3721.02, 5103.03, ~~5119.20~~5119.33,	86866
or division (A)(9)(b) of section ~~5119.22~~5119.34 of the Revised	86867
Code.	86868

(C) Subject to section 5123.196 of the Revised Code, the	86869
director of developmental disabilities shall license the operation	86870
of residential facilities. An initial license shall be issued for	86871
a period that does not exceed one year, unless the director denies	86872
the license under division (D) of this section. A license shall be	86873
renewed for a period that does not exceed three years, unless the	86874
director refuses to renew the license under division (D) of this	86875
section. The director, when issuing or renewing a license, shall	86876
specify the period for which the license is being issued or	86877
renewed. A license remains valid for the length of the licensing	86878
period specified by the director, unless the license is	86879
terminated, revoked, or voluntarily surrendered.	86880

(D) If it is determined that an applicant or licensee is not	86881
in compliance with a provision of this chapter that applies to	86882
residential facilities or the rules adopted under such a	86883
provision, the director may deny issuance of a license, refuse to	86884
renew a license, terminate a license, revoke a license, issue an	86885
order for the suspension of admissions to a facility, issue an	86886
order for the placement of a monitor at a facility, issue an order	86887
for the immediate removal of residents, or take any other action	86888
the director considers necessary consistent with the director's	86889
authority under this chapter regarding residential facilities. In	86890
the director's selection and administration of the sanction to be	86891
imposed, all of the following apply:	86892

(1) The director may deny, refuse to renew, or revoke a	86893
license, if the director determines that the applicant or licensee	86894
has demonstrated a pattern of serious noncompliance or that a	86895
violation creates a substantial risk to the health and safety of	86896
residents of a residential facility.	86897

(2) The director may terminate a license if more than twelve	86898
consecutive months have elapsed since the residential facility was	86899
last occupied by a resident or a notice required by division (K)	86900
of this section is not given.	86901

(3) The director may issue an order for the suspension of	86902
admissions to a facility for any violation that may result in	86903
sanctions under division (D)(1) of this section and for any other	86904
violation specified in rules adopted under division (H)(2) of this	86905
section. If the suspension of admissions is imposed for a	86906
violation that may result in sanctions under division (D)(1) of	86907
this section, the director may impose the suspension before	86908
providing an opportunity for an adjudication under Chapter 119. of	86909
the Revised Code. The director shall lift an order for the	86910
suspension of admissions when the director determines that the	86911
violation that formed the basis for the order has been corrected.	86912

(4) The director may order the placement of a monitor at a	86913
residential facility for any violation specified in rules adopted	86914
under division (H)(2) of this section. The director shall lift the	86915
order when the director determines that the violation that formed	86916
the basis for the order has been corrected.	86917

(5) If the director determines that two or more residential	86918
facilities owned or operated by the same person or government	86919
entity are not being operated in compliance with a provision of	86920
this chapter that applies to residential facilities or the rules	86921
adopted under such a provision, and the director's findings are	86922
based on the same or a substantially similar action, practice,	86923
circumstance, or incident that creates a substantial risk to the	86924
health and safety of the residents, the director shall conduct a	86925
survey as soon as practicable at each residential facility owned	86926
or operated by that person or government entity. The director may	86927
take any action authorized by this section with respect to any	86928
facility found to be operating in violation of a provision of this	86929
chapter that applies to residential facilities or the rules	86930
adopted under such a provision.	86931

(6) When the director initiates license revocation	86932
proceedings, no opportunity for submitting a plan of correction	86933
shall be given. The director shall notify the licensee by letter	86934
of the initiation of the proceedings. The letter shall list the	86935
deficiencies of the residential facility and inform the licensee	86936
that no plan of correction will be accepted. The director shall	86937
also send a copy of the letter to the county board of	86938
developmental disabilities. The county board shall send a copy of	86939
the letter to each of the following:	86940

(a) Each resident who receives services from the licensee;

86941

(b) The guardian of each resident who receives services from	86942
the licensee if the resident has a guardian;	86943

(c) The parent or guardian of each resident who receives	86944
services from the licensee if the resident is a minor.	86945

(7) Pursuant to rules which shall be adopted in accordance	86946
with Chapter 119. of the Revised Code, the director may order the	86947
immediate removal of residents from a residential facility	86948
whenever conditions at the facility present an immediate danger of	86949
physical or psychological harm to the residents.	86950

(8) In determining whether a residential facility is being	86951
operated in compliance with a provision of this chapter that	86952
applies to residential facilities or the rules adopted under such	86953
a provision, or whether conditions at a residential facility	86954
present an immediate danger of physical or psychological harm to	86955
the residents, the director may rely on information obtained by a	86956
county board of developmental disabilities or other governmental	86957
agencies.	86958

(9) In proceedings initiated to deny, refuse to renew, or	86959
revoke licenses, the director may deny, refuse to renew, or revoke	86960
a license regardless of whether some or all of the deficiencies	86961
that prompted the proceedings have been corrected at the time of	86962
the hearing.	86963

(E) The director shall establish a program under which public	86964
notification may be made when the director has initiated license	86965
revocation proceedings or has issued an order for the suspension	86966
of admissions, placement of a monitor, or removal of residents.	86967
The director shall adopt rules in accordance with Chapter 119. of	86968
the Revised Code to implement this division. The rules shall	86969
establish the procedures by which the public notification will be	86970
made and specify the circumstances for which the notification must	86971
be made. The rules shall require that public notification be made	86972
if the director has taken action against the facility in the	86973
eighteen-month period immediately preceding the director's latest	86974
action against the facility and the latest action is being taken	86975
for the same or a substantially similar violation of a provision	86976
of this chapter that applies to residential facilities or the	86977
rules adopted under such a provision. The rules shall specify a	86978
method for removing or amending the public notification if the	86979
director's action is found to have been unjustified or the	86980
violation at the residential facility has been corrected.	86981

(F)(1) Except as provided in division (F)(2) of this section,	86982
appeals from proceedings initiated to impose a sanction under	86983
division (D) of this section shall be conducted in accordance with	86984
Chapter 119. of the Revised Code.	86985

(2) Appeals from proceedings initiated to order the	86986
suspension of admissions to a facility shall be conducted in	86987
accordance with Chapter 119. of the Revised Code, unless the order	86988
was issued before providing an opportunity for an adjudication, in	86989
which case all of the following apply:	86990

(a) The licensee may request a hearing not later than ten	86991
days after receiving the notice specified in section 119.07 of the	86992
Revised Code.	86993

(b) If a timely request for a hearing that includes the	86994
licensee's current address is made, the hearing shall commence not	86995
later than thirty days after the department receives the request.	86996

(c) After commencing, the hearing shall continue	86997
uninterrupted, except for Saturdays, Sundays, and legal holidays,	86998
unless other interruptions are agreed to by the licensee and the	86999
director.	87000

(d) If the hearing is conducted by a hearing examiner, the	87001
hearing examiner shall file a report and recommendations not later	87002
than ten days after the last of the following:	87003

(i) The close of the hearing;

87004

(ii) If a transcript of the proceedings is ordered, the	87005
hearing examiner receives the transcript;	87006

(iii) If post-hearing briefs are timely filed, the hearing	87007
examiner receives the briefs.	87008

(e) A copy of the written report and recommendation of the	87009
hearing examiner shall be sent, by certified mail, to the licensee	87010
and the licensee's attorney, if applicable, not later than five	87011
days after the report is filed.	87012

(f) Not later than five days after the hearing examiner files	87013
the report and recommendations, the licensee may file objections	87014
to the report and recommendations.	87015

(g) Not later than fifteen days after the hearing examiner	87016
files the report and recommendations, the director shall issue an	87017
order approving, modifying, or disapproving the report and	87018
recommendations.	87019

(h) Notwithstanding the pendency of the hearing, the director	87020
shall lift the order for the suspension of admissions when the	87021
director determines that the violation that formed the basis for	87022
the order has been corrected.	87023

(G) Neither a person or government agency whose application	87024
for a license to operate a residential facility is denied nor a	87025
related party of the person or government agency may apply for a	87026
license to operate a residential facility before the date that is	87027
one year after the date of the denial. Neither a licensee whose	87028
residential facility license is revoked nor a related party of the	87029
licensee may apply for a residential facility license before the	87030
date that is five years after the date of the revocation.	87031

(H) In accordance with Chapter 119. of the Revised Code, the	87032
director shall adopt and may amend and rescind rules for licensing	87033
and regulating the operation of residential facilities. The rules	87034
for residential facilities that are ~~intermediate care facilities~~	87035
~~for the mentally retarded~~ICFs/MR may differ from those for other	87036
residential facilities. The rules shall establish and specify the	87037
following:	87038

(1) Procedures and criteria for issuing and renewing	87039
licenses, including procedures and criteria for determining the	87040
length of the licensing period that the director must specify for	87041
each license when it is issued or renewed;	87042

(2) Procedures and criteria for denying, refusing to renew,	87043
terminating, and revoking licenses and for ordering the suspension	87044
of admissions to a facility, placement of a monitor at a facility,	87045
and the immediate removal of residents from a facility;	87046

(3) Fees for issuing and renewing licenses, which shall be	87047
deposited into the program fee fund created under section 5123.033	87048
of the Revised Code;	87049

(4) Procedures for surveying residential facilities;

87050

(5) Requirements for the training of residential facility	87051
personnel;	87052

(6) Classifications for the various types of residential	87053
facilities;	87054

(7) Certification procedures for licensees and management	87055
contractors that the director determines are necessary to ensure	87056
that they have the skills and qualifications to properly operate	87057
or manage residential facilities;	87058

(8) The maximum number of persons who may be served in a	87059
particular type of residential facility;	87060

(9) Uniform procedures for admission of persons to and	87061
transfers and discharges of persons from residential facilities;	87062

(10) Other standards for the operation of residential	87063
facilities and the services provided at residential facilities;	87064

(11) Procedures for waiving any provision of any rule adopted	87065
under this section.	87066

(I) Before issuing a license, the director of the department	87067
or the director's designee shall conduct a survey of the	87068
residential facility for which application is made. The director	87069
or the director's designee shall conduct a survey of each licensed	87070
residential facility at least once during the period the license	87071
is valid and may conduct additional inspections as needed. A	87072
survey includes but is not limited to an on-site examination and	87073
evaluation of the residential facility, its personnel, and the	87074
services provided there.	87075

In conducting surveys, the director or the director's	87076
designee shall be given access to the residential facility; all	87077
records, accounts, and any other documents related to the	87078
operation of the facility; the licensee; the residents of the	87079
facility; and all persons acting on behalf of, under the control	87080
of, or in connection with the licensee. The licensee and all	87081
persons on behalf of, under the control of, or in connection with	87082
the licensee shall cooperate with the director or the director's	87083
designee in conducting the survey.	87084

Following each survey, unless the director initiates a	87085
license revocation proceeding, the director or the director's	87086
designee shall provide the licensee with a report listing any	87087
deficiencies, specifying a timetable within which the licensee	87088
shall submit a plan of correction describing how the deficiencies	87089
will be corrected, and, when appropriate, specifying a timetable	87090
within which the licensee must correct the deficiencies. After a	87091
plan of correction is submitted, the director or the director's	87092
designee shall approve or disapprove the plan. A copy of the	87093
report and any approved plan of correction shall be provided to	87094
any person who requests it.	87095

The director shall initiate disciplinary action against any	87096
department employee who notifies or causes the notification to any	87097
unauthorized person of an unannounced survey of a residential	87098
facility by an authorized representative of the department.	87099

(J) In addition to any other information which may be	87100
required of applicants for a license pursuant to this section, the	87101
director shall require each applicant to provide a copy of an	87102
approved plan for a proposed residential facility pursuant to	87103
section 5123.042 of the Revised Code. This division does not apply	87104
to renewal of a license or to an applicant for an initial or	87105
modified license who meets the requirements of section 5123.197 of	87106
the Revised Code.	87107

(K) A licensee shall notify the owner of the building in	87108
which the licensee's residential facility is located of any	87109
significant change in the identity of the licensee or management	87110
contractor before the effective date of the change if the licensee	87111
is not the owner of the building.	87112

Pursuant to rules which shall be adopted in accordance with	87113
Chapter 119. of the Revised Code, the director may require	87114
notification to the department of any significant change in the	87115
ownership of a residential facility or in the identity of the	87116
licensee or management contractor. If the director determines that	87117
a significant change of ownership is proposed, the director shall	87118
consider the proposed change to be an application for development	87119
by a new operator pursuant to section 5123.042 of the Revised Code	87120
and shall advise the applicant within sixty days of the	87121
notification that the current license shall continue in effect or	87122
a new license will be required pursuant to this section. If the	87123
director requires a new license, the director shall permit the	87124
facility to continue to operate under the current license until	87125
the new license is issued, unless the current license is revoked,	87126
refused to be renewed, or terminated in accordance with Chapter	87127
119. of the Revised Code.	87128

(L) A county board of developmental disabilities and any	87129
interested person may file complaints alleging violations of	87130
statute or department rule relating to residential facilities with	87131
the department. All complaints shall be in writing and shall state	87132
the facts constituting the basis of the allegation. The department	87133
shall not reveal the source of any complaint unless the	87134
complainant agrees in writing to waive the right to	87135
confidentiality or until so ordered by a court of competent	87136
jurisdiction.	87137

The department shall adopt rules in accordance with Chapter	87138
119. of the Revised Code establishing procedures for the receipt,	87139
referral, investigation, and disposition of complaints filed with	87140
the department under this division.	87141

(M) The department shall establish procedures for the	87142
notification of interested parties of the transfer or interim care	87143
of residents from residential facilities that are closing or are	87144
losing their license.	87145

(N) Before issuing a license under this section to a	87146
residential facility that will accommodate at any time more than	87147
one mentally retarded or developmentally disabled individual, the	87148
director shall, by first class mail, notify the following:	87149

(1) If the facility will be located in a municipal	87150
corporation, the clerk of the legislative authority of the	87151
municipal corporation;	87152

(2) If the facility will be located in unincorporated	87153
territory, the clerk of the appropriate board of county	87154
commissioners and the fiscal officer of the appropriate board of	87155
township trustees.	87156

The director shall not issue the license for ten days after	87157
mailing the notice, excluding Saturdays, Sundays, and legal	87158
holidays, in order to give the notified local officials time in	87159
which to comment on the proposed issuance.	87160

Any legislative authority of a municipal corporation, board	87161
of county commissioners, or board of township trustees that	87162
receives notice under this division of the proposed issuance of a	87163
license for a residential facility may comment on it in writing to	87164
the director within ten days after the director mailed the notice,	87165
excluding Saturdays, Sundays, and legal holidays. If the director	87166
receives written comments from any notified officials within the	87167
specified time, the director shall make written findings	87168
concerning the comments and the director's decision on the	87169
issuance of the license. If the director does not receive written	87170
comments from any notified local officials within the specified	87171
time, the director shall continue the process for issuance of the	87172
license.	87173

(O) Any person may operate a licensed residential facility	87174
that provides room and board, personal care, habilitation	87175
services, and supervision in a family setting for at least six but	87176
not more than eight persons with mental retardation or a	87177
developmental disability as a permitted use in any residential	87178
district or zone, including any single-family residential district	87179
or zone, of any political subdivision. These residential	87180
facilities may be required to comply with area, height, yard, and	87181
architectural compatibility requirements that are uniformly	87182
imposed upon all single-family residences within the district or	87183
zone.	87184

(P) Any person may operate a licensed residential facility	87185
that provides room and board, personal care, habilitation	87186
services, and supervision in a family setting for at least nine	87187
but not more than sixteen persons with mental retardation or a	87188
developmental disability as a permitted use in any multiple-family	87189
residential district or zone of any political subdivision, except	87190
that a political subdivision that has enacted a zoning ordinance	87191
or resolution establishing planned unit development districts may	87192
exclude these residential facilities from those districts, and a	87193
political subdivision that has enacted a zoning ordinance or	87194
resolution may regulate these residential facilities in	87195
multiple-family residential districts or zones as a conditionally	87196
permitted use or special exception, in either case, under	87197
reasonable and specific standards and conditions set out in the	87198
zoning ordinance or resolution to:	87199

(1) Require the architectural design and site layout of the	87200
residential facility and the location, nature, and height of any	87201
walls, screens, and fences to be compatible with adjoining land	87202
uses and the residential character of the neighborhood;	87203

(2) Require compliance with yard, parking, and sign	87204
regulation;	87205

(3) Limit excessive concentration of these residential	87206
facilities.	87207

(Q) This section does not prohibit a political subdivision	87208
from applying to residential facilities nondiscriminatory	87209
regulations requiring compliance with health, fire, and safety	87210
regulations and building standards and regulations.	87211

(R) Divisions (O) and (P) of this section are not applicable	87212
to municipal corporations that had in effect on June 15, 1977, an	87213
ordinance specifically permitting in residential zones licensed	87214
residential facilities by means of permitted uses, conditional	87215
uses, or special exception, so long as such ordinance remains in	87216
effect without any substantive modification.	87217

(S)(1) The director may issue an interim license to operate a	87218
residential facility to an applicant for a license under this	87219
section if either of the following is the case:	87220

(a) The director determines that an emergency exists	87221
requiring immediate placement of persons in a residential	87222
facility, that insufficient licensed beds are available, and that	87223
the residential facility is likely to receive a permanent license	87224
under this section within thirty days after issuance of the	87225
interim license.	87226

(b) The director determines that the issuance of an interim	87227
license is necessary to meet a temporary need for a residential	87228
facility.	87229

(2) To be eligible to receive an interim license, an	87230
applicant must meet the same criteria that must be met to receive	87231
a permanent license under this section, except for any differing	87232
procedures and time frames that may apply to issuance of a	87233
permanent license.	87234

(3) An interim license shall be valid for thirty days and may	87235
be renewed by the director for a period not to exceed one hundred	87236
fifty days.	87237

(4) The director shall adopt rules in accordance with Chapter	87238
119. of the Revised Code as the director considers necessary to	87239
administer the issuance of interim licenses.	87240

(T) Notwithstanding rules adopted pursuant to this section	87241
establishing the maximum number of persons who may be served in a	87242
particular type of residential facility, a residential facility	87243
shall be permitted to serve the same number of persons being	87244
served by the facility on the effective date of the rules or the	87245
number of persons for which the facility is authorized pursuant to	87246
a current application for a certificate of need with a letter of	87247
support from the department of developmental disabilities and	87248
which is in the review process prior to April 4, 1986.	87249

(U) The director or the director's designee may enter at any	87250
time, for purposes of investigation, any home, facility, or other	87251
structure that has been reported to the director or that the	87252
director has reasonable cause to believe is being operated as a	87253
residential facility without a license issued under this section.	87254

The director may petition the court of common pleas of the	87255
county in which an unlicensed residential facility is located for	87256
an order enjoining the person or governmental agency operating the	87257
facility from continuing to operate without a license. The court	87258
may grant the injunction on a showing that the person or	87259
governmental agency named in the petition is operating a	87260
residential facility without a license. The court may grant the	87261
injunction, regardless of whether the residential facility meets	87262
the requirements for receiving a license under this section.	87263

Sec. 5123.192. (A) A person or government agency operating,	87264
on ~~the effective date of this section~~September 10, 2012, an	87265
~~intermediate care facility for the mentally retarded~~ICF/MR	87266
pursuant to a nursing home license issued under Chapter 3721. of	87267
the Revised Code shall do both of the following as a condition of	87268
continuing to operate the ~~facility~~ICF/MR on and after July 1,	87269
2013:	87270

(1) Not later than February 1, 2013, apply to the director of	87271
developmental disabilities for a residential facility license	87272
under section 5123.19 of the Revised Code for the ~~facility~~	87273
ICF/MR;	87274

(2) Not later than July 1, 2013, obtain the residential	87275
facility license for the ~~facility~~ICF/MR.	87276

(B) The nursing home license of an ~~intermediate care facility~~	87277
~~for the mentally retarded~~ICF/MR shall cease to be valid at the	87278
earliest of the following:	87279

(1) The date that the ~~facility's~~ICF/MR's nursing home	87280
license is revoked or voided under section 3721.07 of the Revised	87281
Code;	87282

(2) The date that a residential facility license is obtained	87283
for the ~~facility~~ICF/MR under section 5123.19 of the Revised Code;	87284

(3) July 1, 2013.

87285

(C) Except for existing nursing home beds not certified as	87286
~~intermediate care facility for the mentally retarded~~ICF/MR beds	87287
and relocated in accordance with a move authorized by a	87288
certificate of need under Chapter 3702. of the Revised Code, no	87289
bed that is part of an ~~intermediate care facility for the mentally~~	87290
~~retarded~~ICF/MR that is licensed as a nursing home on ~~the~~	87291
~~effective date of this section~~September 10, 2012, may be used as	87292
part of a nursing home on and after the earlier of the following:	87293

(1) The date that a residential facility license is obtained	87294
for the ~~facility~~ICF/MR under section 5123.19 of the Revised Code;	87295

(2) July 1, 2013.

87296

Sec. 5123.197. Neither an applicant for an initial	87297
residential facility license under section 5123.19 of the Revised	87298
Code nor an applicant for a modification of an existing	87299
residential facility license under that section is required to	87300
obtain approval of a plan for the proposed new residential	87301
facility or modification to the existing residential facility	87302
pursuant to section 5123.042 of the Revised Code if all of the	87303
following apply:	87304

(A) The new residential facility or modification to the	87305
existing residential facility is to serve individuals who have	87306
diagnoses or special care needs for which a medicaid ~~reimbursement~~	87307
payment rate is set pursuant to section ~~5111.258~~5124.153 of the	87308
Revised Code;	87309

(B) The ~~directors of job and family services~~medicaid	87310
director and director of developmental disabilities determine that	87311
there is a need under the medicaid program for the proposed new	87312
residential facility or modification to the existing residential	87313
facility and that approving the application for the initial	87314
residential facility license or modification to the existing	87315
residential facility license is fiscally prudent for the medicaid	87316
program;	87317

(C) The director of budget and management notifies the	87318
~~directors of job and family services~~medicaid director and	87319
director of developmental disabilities that the director of budget	87320
and management agrees with the directors' determination under	87321
division (B) of this section.	87322

Sec. 5123.198. (A) As used in this section, "date of the	87323
commitment" means the date that an individual specified in	87324
division (B) of this section begins to reside in a state-operated	87325
~~intermediate care facility for the mentally retarded~~ICF/MR after	87326
being committed to the ~~facility~~ICF/MR pursuant to sections	87327
5123.71 to 5123.76 of the Revised Code.	87328

(B) Except as provided in division (C) of this section,	87329
whenever a resident of a residential facility is committed to a	87330
state-operated ~~intermediate care facility for the mentally~~	87331
~~retarded~~ICF/MR pursuant to sections 5123.71 to 5123.76 of the	87332
Revised Code, the department of developmental disabilities,	87333
pursuant to an adjudication order issued in accordance with	87334
Chapter 119. of the Revised Code, shall reduce by one the number	87335
of residents for which the residential facility in which the	87336
resident resided is licensed.	87337

(C) The department shall not reduce under division (B) of	87338
this section the number of residents for which a residential	87339
facility is licensed if any of the following are the case:	87340

(1) The resident of the residential facility who is committed	87341
to a state-operated ~~intermediate care facility for the mentally~~	87342
~~retarded~~ICF/MR resided in the residential facility because of the	87343
closure, on or after June 26, 2003, of another state-operated	87344
~~intermediate care facility for the mentally retarded~~ICF/MR;	87345

(2) The residential facility admits within ninety days of the	87346
date of the commitment an individual who resides on the date of	87347
the commitment in a state-operated ~~intermediate care facility for~~	87348
~~the mentally retarded~~ICF/MR or another residential facility;	87349

(3) The department fails to do either of the following within	87350
ninety days of the date of the commitment:	87351

(a) Identify an individual to whom all of the following	87352
applies:	87353

(i) Resides on the date of the commitment in a state-operated	87354
~~intermediate care facility for the mentally retarded~~ICF/MR or	87355
another residential facility;	87356

(ii) Has indicated to the department an interest in	87357
relocating to the residential facility or has a parent or guardian	87358
who has indicated to the department an interest for the individual	87359
to relocate to the residential facility;	87360

(iii) The department determines the individual has needs that	87361
the residential facility can meet.	87362

(b) Provide the residential facility with information about	87363
the individual identified under division (C)(2)(a) of this section	87364
that the residential facility needs in order to determine whether	87365
the facility can meet the individual's needs.	87366

(4) If the department completes the actions specified in	87367
divisions (C)(3)(a) and (b) of this section not later than ninety	87368
days after the date of the commitment and except as provided in	87369
division (D) of this section, the residential facility does all of	87370
the following not later than ninety days after the date of the	87371
commitment:	87372

(a) Evaluates the information provided by the department;

87373

(b) Assesses the identified individual's needs;

87374

(c) Determines that the residential facility cannot meet the	87375
identified individual's needs.	87376

(5) If the department completes the actions specified in	87377
divisions (C)(3)(a) and (b) of this section not later than ninety	87378
days after the date of the commitment and the residential facility	87379
determines that the residential facility can meet the identified	87380
individual's needs, the individual, or a parent or guardian of the	87381
individual, refuses placement in the residential facility.	87382

(D) The department may reduce under division (B) of this	87383
section the number of residents for which a residential facility	87384
is licensed even though the residential facility completes the	87385
actions specified in division (C)(4) of this section not later	87386
than ninety days after the date of the commitment if all of the	87387
following are the case:	87388

(1) The department disagrees with the residential facility's	87389
determination that the residential facility cannot meet the	87390
identified individual's needs.	87391

(2) The department issues a written decision pursuant to the	87392
uniform procedures for admissions, transfers, and discharges	87393
established by rules adopted under division (H)(9) of section	87394
5123.19 of the Revised Code that the residential facility should	87395
admit the identified individual.	87396

(3) After the department issues the written decision	87397
specified in division (D)(2) of this section, the residential	87398
facility refuses to admit the identified individual.	87399

(E) A residential facility that admits, refuses to admit,	87400
transfers, or discharges a resident under this section shall	87401
comply with the uniform procedures for admissions, transfers, and	87402
discharges established by rules adopted under division (H)(9) of	87403
section 5123.19 of the Revised Code.	87404

~~(F) The department of developmental disabilities may notify~~	87405
~~the department of job and family services of any reduction under~~	87406
~~this section in the number of residents for which a residential~~	87407
~~facility that is an intermediate care facility for the mentally~~	87408
~~retarded is licensed. On receiving the notice, the department of~~	87409
~~job and family services may transfer to the department of~~	87410
~~developmental disabilities the savings in the nonfederal share of~~	87411
~~medicaid expenditures for each fiscal year after the year of the~~	87412
~~commitment to be used for costs of the resident's care in the~~	87413
~~state-operated intermediate care facility for the mentally~~	87414
~~retarded. In determining the amount saved, the department of job~~	87415
~~and family services shall consider medicaid payments for the~~	87416
~~remaining residents of the facility in which the resident resided.~~	87417

Sec. 5123.38. (A) Except as provided in division (B) of this	87418
section, if an individual receiving supported living or home and	87419
community-based services funded by a county board of developmental	87420
disabilities is committed to a state-operated ~~intermediate care~~	87421
~~facility for the mentally retarded~~ICF/MR pursuant to sections	87422
5123.71 to 5123.76 of the Revised Code, the county board is	87423
responsible for the nonfederal share of medicaid expenditures for	87424
the individual's care in the state-operated ~~facility~~ICF/MR. The	87425
department of developmental disabilities shall collect the amount	87426
of the nonfederal share from the county board by either	87427
withholding that amount from funds the department has otherwise	87428
allocated to the county board or submitting an invoice for payment	87429
of that amount to the county board.	87430

(B) Division (A) of this section does not apply under any of	87431
the following circumstances:	87432

(1) The county board, not later than ninety days after the	87433
date of the commitment of a person receiving supported living,	87434
commences funding of supported living for an individual who	87435
resides in a state-operated ~~intermediate care facility for the~~	87436
~~mentally retarded~~ICF/MR on the date of the commitment or another	87437
eligible individual designated by the department.	87438

(2) The county board, not later than ninety days after the	87439
date of the commitment of a person receiving home and	87440
community-based services, commences funding of home and	87441
community-based services for an individual who resides in a	87442
state-operated ~~intermediate care facility for the mentally~~	87443
~~retarded~~ICF/MR on the date of the commitment or another eligible	87444
individual designated by the department.	87445

(3) The director of developmental disabilities, after	87446
determining that circumstances warrant granting a waiver in an	87447
individual's case, grants the county board a waiver that exempts	87448
the county board from responsibility for the nonfederal share for	87449
that case.	87450

Sec. 5123.61. (A) As used in this section:

87451

(1) "Law enforcement agency" means the state highway patrol,	87452
the police department of a municipal corporation, or a county	87453
sheriff.	87454

(2) "Abuse" has the same meaning as in section 5123.50 of the	87455
Revised Code, except that it includes a misappropriation, as	87456
defined in that section.	87457

(3) "Neglect" has the same meaning as in section 5123.50 of	87458
the Revised Code.	87459

(B) The department of developmental disabilities shall	87460
establish a registry office for the purpose of maintaining reports	87461
of abuse, neglect, and other major unusual incidents made to the	87462
department under this section and reports received from county	87463
boards of developmental disabilities under section 5126.31 of the	87464
Revised Code. The department shall establish committees to review	87465
reports of abuse, neglect, and other major unusual incidents.	87466

(C)(1) Any person listed in division (C)(2) of this section,	87467
having reason to believe that a person with mental retardation or	87468
a developmental disability has suffered or faces a substantial	87469
risk of suffering any wound, injury, disability, or condition of	87470
such a nature as to reasonably indicate abuse or neglect of that	87471
person, shall immediately report or cause reports to be made of	87472
such information to the entity specified in this division. Except	87473
as provided in section 5120.173 of the Revised Code or as	87474
otherwise provided in this division, the person making the report	87475
shall make it to a law enforcement agency or to the county board	87476
of developmental disabilities. If the report concerns a resident	87477
of a facility operated by the department of developmental	87478
disabilities the report shall be made either to a law enforcement	87479
agency or to the department. If the report concerns any act or	87480
omission of an employee of a county board of developmental	87481
disabilities, the report immediately shall be made to the	87482
department and to the county board.	87483

(2) All of the following persons are required to make a	87484
report under division (C)(1) of this section:	87485

(a) Any physician, including a hospital intern or resident,	87486
any dentist, podiatrist, chiropractor, practitioner of a limited	87487
branch of medicine as specified in section 4731.15 of the Revised	87488
Code, hospital administrator or employee of a hospital, nurse	87489
licensed under Chapter 4723. of the Revised Code, employee of an	87490
ambulatory health facility as defined in section 5101.61 of the	87491
Revised Code, employee of a home health agency, employee of a	87492
residential facility licensed under section ~~5119.22~~5119.34 of the	87493
Revised Code that provides accommodations, supervision, and person	87494
care services for three to sixteen unrelated adults, or employee	87495
of a community mental health facility;	87496

(b) Any school teacher or school authority, social worker,	87497
psychologist, attorney, peace officer, coroner, or residents'	87498
rights advocate as defined in section 3721.10 of the Revised Code;	87499

(c) A superintendent, board member, or employee of a county	87500
board of developmental disabilities; an administrator, board	87501
member, or employee of a residential facility licensed under	87502
section 5123.19 of the Revised Code; an administrator, board	87503
member, or employee of any other public or private provider of	87504
services to a person with mental retardation or a developmental	87505
disability, or any MR/DD employee, as defined in section 5123.50	87506
of the Revised Code;	87507

(d) A member of a citizen's advisory council established at	87508
an institution or branch institution of the department of	87509
developmental disabilities under section 5123.092 of the Revised	87510
Code;	87511

(e) A member of the clergy who is employed in a position that	87512
includes providing specialized services to an individual with	87513
mental retardation or another developmental disability, while	87514
acting in an official or professional capacity in that position,	87515
or a person who is employed in a position that includes providing	87516
specialized services to an individual with mental retardation or	87517
another developmental disability and who, while acting in an	87518
official or professional capacity, renders spiritual treatment	87519
through prayer in accordance with the tenets of an organized	87520
religion.	87521

(3)(a) The reporting requirements of this division do not	87522
apply to employees of the Ohio protection and advocacy system.	87523

(b) An attorney or physician is not required to make a report	87524
pursuant to division (C)(1) of this section concerning any	87525
communication the attorney or physician receives from a client or	87526
patient in an attorney-client or physician-patient relationship,	87527
if, in accordance with division (A) or (B) of section 2317.02 of	87528
the Revised Code, the attorney or physician could not testify with	87529
respect to that communication in a civil or criminal proceeding,	87530
except that the client or patient is deemed to have waived any	87531
testimonial privilege under division (A) or (B) of section 2317.02	87532
of the Revised Code with respect to that communication and the	87533
attorney or physician shall make a report pursuant to division	87534
(C)(1) of this section, if both of the following apply:	87535

(i) The client or patient, at the time of the communication,	87536
is a person with mental retardation or a developmental disability.	87537

(ii) The attorney or physician knows or suspects, as a result	87538
of the communication or any observations made during that	87539
communication, that the client or patient has suffered or faces a	87540
substantial risk of suffering any wound, injury, disability, or	87541
condition of a nature that reasonably indicates abuse or neglect	87542
of the client or patient.	87543

(4) Any person who fails to make a report required under	87544
division (C) of this section and who is an MR/DD employee, as	87545
defined in section 5123.50 of the Revised Code, shall be eligible	87546
to be included in the registry regarding misappropriation, abuse,	87547
neglect, or other specified misconduct by MR/DD employees	87548
established under section 5123.52 of the Revised Code.	87549

(D) The reports required under division (C) of this section	87550
shall be made forthwith by telephone or in person and shall be	87551
followed by a written report. The reports shall contain the	87552
following:	87553

(1) The names and addresses of the person with mental	87554
retardation or a developmental disability and the person's	87555
custodian, if known;	87556

(2) The age of the person with mental retardation or a	87557
developmental disability;	87558

(3) Any other information that would assist in the	87559
investigation of the report.	87560

(E) When a physician performing services as a member of the	87561
staff of a hospital or similar institution has reason to believe	87562
that a person with mental retardation or a developmental	87563
disability has suffered injury, abuse, or physical neglect, the	87564
physician shall notify the person in charge of the institution or	87565
that person's designated delegate, who shall make the necessary	87566
reports.	87567

(F) Any person having reasonable cause to believe that a	87568
person with mental retardation or a developmental disability has	87569
suffered or faces a substantial risk of suffering abuse or neglect	87570
may report or cause a report to be made of that belief to the	87571
entity specified in this division. Except as provided in section	87572
5120.173 of the Revised Code or as otherwise provided in this	87573
division, the person making the report shall make it to a law	87574
enforcement agency or the county board of developmental	87575
disabilities. If the person is a resident of a facility operated	87576
by the department of developmental disabilities, the report shall	87577
be made to a law enforcement agency or to the department. If the	87578
report concerns any act or omission of an employee of a county	87579
board of developmental disabilities, the report immediately shall	87580
be made to the department and to the county board.	87581

(G)(1) Upon the receipt of a report concerning the possible	87582
abuse or neglect of a person with mental retardation or a	87583
developmental disability, the law enforcement agency shall inform	87584
the county board of developmental disabilities or, if the person	87585
is a resident of a facility operated by the department of	87586
developmental disabilities, the director of the department or the	87587
director's designee.	87588

(2) On receipt of a report under this section that includes	87589
an allegation of action or inaction that may constitute a crime	87590
under federal law or the law of this state, the department of	87591
developmental disabilities shall notify the law enforcement	87592
agency.	87593

(3) When a county board of developmental disabilities	87594
receives a report under this section that includes an allegation	87595
of action or inaction that may constitute a crime under federal	87596
law or the law of this state, the superintendent of the board or	87597
an individual the superintendent designates under division (H) of	87598
this section shall notify the law enforcement agency. The	87599
superintendent or individual shall notify the department of	87600
developmental disabilities when it receives any report under this	87601
section.	87602

(4) When a county board of developmental disabilities	87603
receives a report under this section and believes that the degree	87604
of risk to the person is such that the report is an emergency, the	87605
superintendent of the board or an employee of the board the	87606
superintendent designates shall attempt a face-to-face contact	87607
with the person with mental retardation or a developmental	87608
disability who allegedly is the victim within one hour of the	87609
board's receipt of the report.	87610

(H) The superintendent of the board may designate an	87611
individual to be responsible for notifying the law enforcement	87612
agency and the department when the county board receives a report	87613
under this section.	87614

(I) An adult with mental retardation or a developmental	87615
disability about whom a report is made may be removed from the	87616
adult's place of residence only by law enforcement officers who	87617
consider that the adult's immediate removal is essential to	87618
protect the adult from further injury or abuse or in accordance	87619
with the order of a court made pursuant to section 5126.33 of the	87620
Revised Code.	87621

(J) A law enforcement agency shall investigate each report of	87622
abuse or neglect it receives under this section. In addition, the	87623
department, in cooperation with law enforcement officials, shall	87624
investigate each report regarding a resident of a facility	87625
operated by the department to determine the circumstances	87626
surrounding the injury, the cause of the injury, and the person	87627
responsible. The investigation shall be in accordance with the	87628
memorandum of understanding prepared under section 5126.058 of the	87629
Revised Code. The department shall determine, with the registry	87630
office which shall be maintained by the department, whether prior	87631
reports have been made concerning an adult with mental retardation	87632
or a developmental disability or other principals in the case. If	87633
the department finds that the report involves action or inaction	87634
that may constitute a crime under federal law or the law of this	87635
state, it shall submit a report of its investigation, in writing,	87636
to the law enforcement agency. If the person with mental	87637
retardation or a developmental disability is an adult, with the	87638
consent of the adult, the department shall provide such protective	87639
services as are necessary to protect the adult. The law	87640
enforcement agency shall make a written report of its findings to	87641
the department.	87642

If the person is an adult and is not a resident of a facility	87643
operated by the department, the county board of developmental	87644
disabilities shall review the report of abuse or neglect in	87645
accordance with sections 5126.30 to 5126.33 of the Revised Code	87646
and the law enforcement agency shall make the written report of	87647
its findings to the county board.	87648

(K) Any person or any hospital, institution, school, health	87649
department, or agency participating in the making of reports	87650
pursuant to this section, any person participating as a witness in	87651
an administrative or judicial proceeding resulting from the	87652
reports, or any person or governmental entity that discharges	87653
responsibilities under sections 5126.31 to 5126.33 of the Revised	87654
Code shall be immune from any civil or criminal liability that	87655
might otherwise be incurred or imposed as a result of such actions	87656
except liability for perjury, unless the person or governmental	87657
entity has acted in bad faith or with malicious purpose.	87658

(L) No employer or any person with the authority to do so	87659
shall discharge, demote, transfer, prepare a negative work	87660
performance evaluation, reduce pay or benefits, terminate work	87661
privileges, or take any other action detrimental to an employee or	87662
retaliate against an employee as a result of the employee's having	87663
made a report under this section. This division does not preclude	87664
an employer or person with authority from taking action with	87665
regard to an employee who has made a report under this section if	87666
there is another reasonable basis for the action.	87667

(M) Reports made under this section are not public records as	87668
defined in section 149.43 of the Revised Code. Information	87669
contained in the reports on request shall be made available to the	87670
person who is the subject of the report, to the person's legal	87671
counsel, and to agencies authorized to receive information in the	87672
report by the department or by a county board of developmental	87673
disabilities.	87674

(N) Notwithstanding section 4731.22 of the Revised Code, the	87675
physician-patient privilege shall not be a ground for excluding	87676
evidence regarding the injuries or physical neglect of a person	87677
with mental retardation or a developmental disability or the cause	87678
thereof in any judicial proceeding resulting from a report	87679
submitted pursuant to this section.	87680

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	87681
(E), and (F) of this section, the chief medical officer shall	87682
provide all information, including expected physical and medical	87683
consequences, necessary to enable any resident of an institution	87684
for the mentally retarded to give a fully informed, intelligent,	87685
and knowing consent if any of the following procedures are	87686
proposed:	87687

(1) Surgery;

87688

(2) Convulsive therapy;

87689

(3) Major aversive interventions;

87690

(4) Sterilization;

87691

(5) Experimental procedures;

87692

(6) Any unusual or hazardous treatment procedures.

87693

(B) No resident shall be subjected to any of the procedures	87694
listed in division (A)(4), (5), or (6) of this section without the	87695
resident's informed consent.	87696

(C) If a resident is physically or mentally unable to receive	87697
the information required for surgery under division (A)(1) of this	87698
section, or has been adjudicated incompetent, the information may	87699
be provided to the resident's natural or court-appointed guardian,	87700
including an agency providing guardianship services under contract	87701
with the department of developmental disabilities under sections	87702
5123.55 to 5123.59 of the Revised Code, who may give the informed,	87703
intelligent, and knowing written consent for surgery. Consent for	87704
surgery shall not be provided by a guardian who is an officer or	87705
employee of the department of ~~mental health~~mental health and	87706
addiction services or the department of developmental	87707
disabilities.	87708

If a resident is physically or mentally unable to receive the	87709
information required for surgery under division (A)(1) of this	87710
section and has no guardian, then the information, the	87711
recommendation of the chief medical officer, and the concurring	87712
judgment of a licensed physician who is not a full-time employee	87713
of the state may be provided to the court in the county in which	87714
the institution is located, which may approve the surgery. Before	87715
approving the surgery, the court shall notify the Ohio protection	87716
and advocacy system created by section 5123.60 of the Revised	87717
Code, and shall notify the resident of the resident's rights to	87718
consult with counsel, to have counsel appointed by the court if	87719
the resident is indigent, and to contest the recommendation of the	87720
chief medical officer.	87721

(D) If, in the judgment of two licensed physicians, delay in	87722
obtaining consent for surgery would create a grave danger to the	87723
health of a resident, emergency surgery may be performed without	87724
the consent of the resident if the necessary information is	87725
provided to the resident's guardian, including an agency providing	87726
guardianship services under contract with the department of	87727
developmental disabilities under sections 5123.55 to 5123.59 of	87728
the Revised Code, or to the resident's spouse or next of kin to	87729
enable that person or agency to give an informed, intelligent, and	87730
knowing written consent.	87731

If the guardian, spouse, or next of kin cannot be contacted	87732
through exercise of reasonable diligence, or if the guardian,	87733
spouse, or next of kin is contacted, but refuses to consent, then	87734
the emergency surgery may be performed upon the written	87735
authorization of the chief medical officer and after court	87736
approval has been obtained. However, if delay in obtaining court	87737
approval would create a grave danger to the life of the resident,	87738
the chief medical officer may authorize surgery, in writing,	87739
without court approval. If the surgery is authorized without court	87740
approval, the chief medical officer who made the authorization and	87741
the physician who performed the surgery shall each execute an	87742
affidavit describing the circumstances constituting the emergency	87743
and warranting the surgery and the circumstances warranting their	87744
not obtaining prior court approval. The affidavit shall be filed	87745
with the court with which the request for prior approval would	87746
have been filed within five court days after the surgery, and a	87747
copy of the affidavit shall be placed in the resident's file and	87748
shall be given to the guardian, spouse, or next of kin of the	87749
resident, to the hospital at which the surgery was performed, and	87750
to the Ohio protection and advocacy system created by section	87751
5123.60 of the Revised Code.	87752

(E)(1) If it is the judgment of two licensed physicians, as	87753
described in division (E)(2) of this section, that a medical	87754
emergency exists and delay in obtaining convulsive therapy creates	87755
a grave danger to the life of a resident who is both mentally	87756
retarded and mentally ill, convulsive therapy may be administered	87757
without the consent of the resident if the resident is physically	87758
or mentally unable to receive the information required for	87759
convulsive therapy and if the necessary information is provided to	87760
the resident's natural or court-appointed guardian, including an	87761
agency providing guardianship services under contract with the	87762
department of developmental disabilities under sections 5123.55 to	87763
5123.59 of the Revised Code, or to the resident's spouse or next	87764
of kin to enable that person or agency to give an informed,	87765
intelligent, and knowing written consent. If neither the	87766
resident's guardian, spouse, nor next of kin can be contacted	87767
through exercise of reasonable diligence, or if the guardian,	87768
spouse, or next of kin is contacted, but refuses to consent, then	87769
convulsive therapy may be performed upon the written authorization	87770
of the chief medical officer and after court approval has been	87771
obtained.	87772

(2) The two licensed physicians referred to in division	87773
(E)(1) of this section shall not be associated with each other in	87774
the practice of medicine or surgery by means of a partnership or	87775
corporate arrangement, other business arrangement, or employment.	87776
At least one of the physicians shall be a psychiatrist as defined	87777
in division (E) of section 5122.01 of the Revised Code.	87778

(F) Major aversive interventions shall not be used unless a	87779
resident continues to engage in behavior destructive to self or	87780
others after other forms of therapy have been attempted. Major	87781
aversive interventions shall not be applied to a voluntary	87782
resident without the informed, intelligent, and knowing written	87783
consent of the resident or the resident's guardian, including an	87784
agency providing guardianship services under contract with the	87785
department of developmental disabilities under sections 5123.55 to	87786
5123.59 of the Revised Code.	87787

(G)(1) This chapter does not authorize any form of compulsory	87788
medical or psychiatric treatment of any resident who is being	87789
treated by spiritual means through prayer alone in accordance with	87790
a recognized religious method of healing.	87791

(2) For purposes of this section, "convulsive therapy" does	87792
not include defibrillation.	87793

Sec. 5124.01. As used in this chapter:

87794

(A) "Affiliated operator" means an operator affiliated with	87795
either of the following:	87796

(1) The exiting operator for whom the affiliated operator is	87797
to assume liability for the entire amount of the exiting	87798
operator's debt under the medicaid program or the portion of the	87799
debt that represents the franchise permit fee the exiting operator	87800
owes;	87801

(2) The entering operator involved in the change of operator	87802
with the exiting operator specified in division (A)(1) of this	87803
section.	87804

(B) "Allowable costs" means an ICF/MR's costs that the	87805
department of developmental disabilities determines are	87806
reasonable. Fines paid under section 5124.99 of the Revised Code	87807
are not allowable costs.	87808

(C) "Capital costs" means an ICF/MR's costs of ownership and	87809
costs of nonextensive renovation.	87810

(D) "Case-mix score" means the measure determined under	87811
section 5124.192 of the Revised Code of the relative direct-care	87812
resources needed to provide care and habilitation to an ICF/MR	87813
resident.	87814

(E) "Change of operator" means an entering operator becoming	87815
the operator of an ICF/MR in the place of the exiting operator.	87816

(1) Actions that constitute a change of operator include the	87817
following:	87818

(a) A change in an exiting operator's form of legal	87819
organization, including the formation of a partnership or	87820
corporation from a sole proprietorship;	87821

(b) A transfer of all the exiting operator's ownership	87822
interest in the operation of the ICF/MR to the entering operator,	87823
regardless of whether ownership of any or all of the real property	87824
or personal property associated with the ICF/MR is also	87825
transferred;	87826

(c) A lease of the ICF/MR to the entering operator or the	87827
exiting operator's termination of the exiting operator's lease;	87828

(d) If the exiting operator is a partnership, dissolution of	87829
the partnership;	87830

(e) If the exiting operator is a partnership, a change in	87831
composition of the partnership unless both of the following apply:	87832

(i) The change in composition does not cause the	87833
partnership's dissolution under state law.	87834

(ii) The partners agree that the change in composition does	87835
not constitute a change in operator.	87836

(f) If the operator is a corporation, dissolution of the	87837
corporation, a merger of the corporation into another corporation	87838
that is the survivor of the merger, or a consolidation of one or	87839
more other corporations to form a new corporation.	87840

(2) The following, alone, do not constitute a change of	87841
operator:	87842

(a) A contract for an entity to manage an ICF/MR as the	87843
operator's agent, subject to the operator's approval of daily	87844
operating and management decisions;	87845

(b) A change of ownership, lease, or termination of a lease	87846
of real property or personal property associated with an ICF/MR if	87847
an entering operator does not become the operator in place of an	87848
exiting operator;	87849

(c) If the operator is a corporation, a change of one or more	87850
members of the corporation's governing body or transfer of	87851
ownership of one or more shares of the corporation's stock, if the	87852
same corporation continues to be the operator.	87853

(F) "Cost center" means the following:

87854

(1) Capital costs;

87855

(2) Direct care costs;

87856

(3) Indirect care costs;

87857

(4) Other protected costs.

87858

(G) "Costs of nonextensive renovations" means the actual	87859
expense incurred by an ICF/MR for depreciation or amortization and	87860
interest on renovations that are not extensive renovations.	87861

(H)(1) "Costs of ownership" means the actual expenses	87862
incurred by an ICF/MR for all of the following:	87863

(a) Subject to division (H)(2) of this section, depreciation	87864
and interest on any capital assets that cost five hundred dollars	87865
or more per item, including the following:	87866

(i) Buildings;

87867

(ii) Building improvements that are not approved as	87868
nonextensive renovations under section 5124.17 of the Revised	87869
Code;	87870

(iii) Equipment;

87871

(iv) Extensive renovations;

87872

(v) Transportation equipment.

87873

(b) Amortization and interest on land improvements and	87874
leasehold improvements;	87875

87876

(d) Except as provided in division (Z) of this section, lease	87877
and rent of land, building, and equipment.	87878

(2) The costs of capital assets of less than five hundred	87879
dollars per item may be considered costs of ownership in	87880
accordance with an ICF/MR provider's practice.	87881

(I)(1) "Date of licensure" means the following:

87882

(a) In the case of an ICF/MR that was originally licensed as	87883
a nursing home under Chapter 3721. of the Revised Code, the date	87884
that it was originally so licensed, regardless that it was	87885
subsequently licensed as a residential facility under section	87886
5123.19 of the Revised Code;	87887

(b) In the case of an ICF/MR that was originally licensed as	87888
a residential facility under section 5123.19 of the Revised Code,	87889
the date it was originally so licensed;	87890

(c) In the case of an ICF/MR that was not required by law to	87891
be licensed as a nursing home or residential facility when it was	87892
originally operated as a residential facility, the date it first	87893
was operated as a residential facility, regardless of the date the	87894
ICF/MR was first licensed as a nursing home or residential	87895
facility.	87896

(2) If, after an ICF/MR's original date of licensure, more	87897
residential facility beds are added to the ICF/MR or all or part	87898
of the ICF/MR undergoes an extensive renovation, the ICF/MR has a	87899
different date of licensure for the additional beds or extensively	87900
renovated portion of the ICF/MR. This does not apply, however, to	87901
additional beds when both of the following apply:	87902

(a) The additional beds are located in a part of the ICF/MR	87903
that was constructed at the same time as the continuing beds	87904
already located in that part of the ICF/MR;	87905

(b) The part of the ICF/MR in which the additional beds are	87906
located was constructed as part of the ICF/MR at a time when the	87907
ICF/MR was not required by law to be licensed as a nursing home or	87908
residential facility.	87909

(3) The definition of "date of licensure" in this section	87910
applies in determinations of ICFs/MR's medicaid payment rates but	87911
does not apply in determinations of ICFs/MR's franchise permit	87912
fees under sections 5168.60 to 5168.71 of the Revised Code.	87913

(J) "Desk-reviewed" means that an ICF/MR's costs as reported	87914
on a cost report filed under section 5124.10 or 5124.101 of the	87915
Revised Code have been subjected to a desk review under section	87916
5124.108 of the Revised Code and preliminarily determined to be	87917
allowable costs.	87918

(K) "Developmental center" means a residential facility that	87919
is maintained and operated by the department of developmental	87920
disabilities.	87921

(L) "Direct care costs" means all of the following costs	87922
incurred by an ICF/MR:	87923

(1) Costs for registered nurses, licensed practical nurses,	87924
and nurse aides employed by the ICF/MR;	87925

(2) Costs for direct care staff, administrative nursing	87926
staff, medical directors, respiratory therapists, physical	87927
therapists, physical therapy assistants, occupational therapists,	87928
occupational therapy assistants, speech therapists, audiologists,	87929
habilitation staff (including habilitation supervisors), qualified	87930
intellectual disability professionals, program directors, social	87931
services staff, activities staff, off-site day programming,	87932
psychologists, psychology assistants, social workers, counselors,	87933
and other persons holding degrees qualifying them to provide	87934
therapy;	87935

(3) Costs of purchased nursing services;

87936

(4) Costs of training and staff development, employee	87937
benefits, payroll taxes, and workers' compensation premiums or	87938
costs for self-insurance claims and related costs as specified in	87939
rules adopted under section 5124.03 of the Revised Code, for	87940
personnel listed in divisions (L)(1), (2), and (3) of this	87941
section;	87942

(5) Costs of quality assurance;

87943

(6) Costs of consulting and management fees related to direct	87944
care;	87945

(7) Allocated direct care home office costs;

87946

(8) Costs of other direct-care resources that are specified	87947
as direct care costs in rules adopted under section 5124.03 of the	87948
Revised Code.	87949

(M) "Downsized ICF/MR" means an ICF/MR that permanently	87950
reduced its medicaid-certified capacity pursuant to a plan	87951
approved by the department of developmental disabilities under	87952
section 5123.042 of the Revised Code.	87953

(N) "Effective date of a change of operator" means the day	87954
the entering operator becomes the operator of the ICF/MR.	87955

(O) "Effective date of a facility closure" means the last day	87956
that the last of the residents of the ICF/MR resides in the	87957
ICF/MR.	87958

(P) "Effective date of an involuntary termination" means the	87959
date the department of medicaid terminates the operator's provider	87960
agreement for the ICF/MR or the last day that such a provider	87961
agreement is in effect when the department cancels or refuses to	87962
revalidate it.	87963

(Q) "Effective date of a voluntary termination" means the day	87964
the ICF/MR ceases to accept medicaid recipients.	87965

(R) "Entering operator" means the person or government entity	87966
that will become the operator of an ICF/MR when a change of	87967
operator occurs or following an involuntary termination.	87968

(S) "Exiting operator" means any of the following:

87969

(1) An operator that will cease to be the operator of an	87970
ICF/MR on the effective date of a change of operator;	87971

(2) An operator that will cease to be the operator of an	87972
ICF/MR on the effective date of a facility closure;	87973

(3) An operator of an ICF/MR that is undergoing or has	87974
undergone a voluntary termination;	87975

(4) An operator of an ICF/MR that is undergoing or has	87976
undergone an involuntary termination.	87977

(T)(1) "Extensive renovation" means the following:

87978

(a) An ICF/MR's betterment, improvement, or restoration to	87979
which both of the following apply:	87980

(i) It was started before July 1, 1993;

87981

(ii) It meets the definition of "extensive renovation"	87982
established in rules that were adopted by the director of job and	87983
family services and in effect on December 22, 1992.	87984

(b) An ICF/MR's betterment, improvement, or restoration to	87985
which all of the following apply:	87986

(i) It was started on or after July 1, 1993;

87987

(ii) Except as provided in division (T)(2) of this section,	87988
it costs more than sixty-five per cent and not more than	87989
eighty-five per cent of the cost of constructing a new bed;	87990

(iii) It extends the useful life of the assets for at least	87991
ten years.	87992

(2) The department of developmental disabilities may treat a	87993
renovation that costs more than eighty-five per cent of the cost	87994
of constructing new beds as an extensive renovation if the	87995
department determines that the renovation is more prudent than	87996
construction of new beds.	87997

(3) For the purpose of division (T)(1)(b)(ii) of this	87998
section, the cost of constructing a new bed shall be considered to	87999
be forty thousand dollars, adjusted for the estimated rate of	88000
inflation from January 1, 1993, to the end of the calendar year	88001
during which the extensive renovation is completed, using the	88002
consumer price index for shelter costs for all urban consumers for	88003
the north central region, as published by the United States bureau	88004
of labor statistics.	88005

(U)(1) Subject to divisions (U)(2) and (3) of this section,	88006
"facility closure" means either of the following:	88007

(a) Discontinuance of the use of the building, or part of the	88008
building, that houses the facility as an ICF/MR that results in	88009
the relocation of all of the facility's residents;	88010

(b) Conversion of the building, or part of the building, that	88011
houses an ICF/MR to a different use with any necessary license or	88012
other approval needed for that use being obtained and one or more	88013
of the facility's residents remaining in the facility to receive	88014
services under the new use.	88015

(2) A facility closure occurs regardless of any of the	88016
following:	88017

(a) The operator completely or partially replacing the ICF/MR	88018
by constructing a new ICF/MR or transferring the ICF/MR's license	88019
to another ICF/MR;	88020

(b) The ICF/MR's residents relocating to another of the	88021
operator's ICFs/MR;	88022

(c) Any action the department of health takes regarding the	88023
ICF/MR's medicaid certification that may result in the transfer of	88024
part of the ICF/MR's survey findings to another of the operator's	88025
ICFs/MR;	88026

(d) Any action the department of developmental disabilities	88027
takes regarding the ICF/MR's license under section 5123.19 of the	88028
Revised Code.	88029

(3) A facility closure does not occur if all of the ICF/MR's	88030
residents are relocated due to an emergency evacuation and one or	88031
more of the residents return to a medicaid-certified bed in the	88032
ICF/MR not later than thirty days after the evacuation occurs.	88033

(V) "Fiscal year" means the fiscal year of this state, as	88034
specified in section 9.34 of the Revised Code.	88035

(W) "Franchise permit fee" means the fee imposed by sections	88036
5168.60 to 5168.71 of the Revised Code.	88037

(X) "Home and community-based services" has the same meaning	88038
as in section 5123.01 of the Revised Code.	88039

(Y) "ICF/MR services" means ICF/IID services as defined in 42	88040
C.F.R. 440.150.	88041

(Z)(1) "Indirect care costs" means all reasonable costs	88042
incurred by an ICF/MR other than capital costs, direct care costs,	88043
and other protected costs. "Indirect care costs" includes costs of	88044
habilitation supplies, pharmacy consultants, medical and	88045
habilitation records, program supplies, incontinence supplies,	88046
food, enterals, dietary supplies and personnel, laundry,	88047
housekeeping, security, administration, liability insurance,	88048
bookkeeping, purchasing department, human resources,	88049
communications, travel, dues, license fees, subscriptions, home	88050
office costs not otherwise allocated, legal services, accounting	88051
services, minor equipment, maintenance and repair expenses,	88052
help-wanted advertising, informational advertising, start-up	88053
costs, organizational expenses, other interest, property	88054
insurance, employee training and staff development, employee	88055
benefits, payroll taxes, and workers' compensation premiums or	88056
costs for self-insurance claims and related costs, as specified in	88057
rules adopted under section 5124.03of the Revised Code, for	88058
personnel listed in this division. Notwithstanding division (H) of	88059
this section, "indirect care costs" also means the cost of	88060
equipment, including vehicles, acquired by operating lease	88061
executed before December 1, 1992, if the costs are reported as	88062
administrative and general costs on the ICF/MR's cost report for	88063
the cost reporting period ending December 31, 1992.	88064

(2) For the purpose of division (Z)(1) of this section, an	88065
operating lease shall be construed in accordance with generally	88066
accepted accounting principles.	88067

(AA) "Inpatient days" means both of the following:

88068

(1) All days during which a resident, regardless of payment	88069
source, occupies a bed in an ICF/MR that is included in the	88070
ICF/MR's medicaid-certified capacity;	88071

(2) All days for which payment is made under section 5124.34	88072
of the Revised Code.	88073

(BB) "Intermediate care facility for the mentally retarded"	88074
and "ICF/MR" mean an intermediate care facility for the mentally	88075
retarded as defined in the "Social Security Act," section 1905(d),	88076
42 U.S.C. 1396d(d).	88077

(CC) "Involuntary termination" means the department of	88078
medicaid's termination of, cancellation of, or refusal to	88079
revalidate the operator's provider agreement for the ICF/MR when	88080
such action is not taken at the operator's request.	88081

(DD) "Low resource utilization resident" means a medicaid	88082
recipient residing in an ICF/MR who is placed in the typical	88083
adaptive needs and nonsignificant behaviors classification	88084
pursuant to the resident assessment instrument and grouper	88085
methodology established in rules authorized by sections 5124.191	88086
and 5124.192 of the Revised Code.	88087

(EE) "Maintenance and repair expenses" means, except as	88088
provided in division (UU)(2)(b) of this section, expenditures that	88089
are necessary and proper to maintain an asset in a normally	88090
efficient working condition and that do not extend the useful life	88091
of the asset two years or more. "Maintenance and repair expenses"	88092
includes the costs of ordinary repairs such as painting and	88093
wallpapering.	88094

(FF) "Medicaid-certified capacity" means the number of an	88095
ICF/MR's beds that are certified for participation in medicaid as	88096
ICF/IID beds.	88097

(GG) "Medicaid days" means both of the following:

88098

(1) All days during which a resident who is a medicaid	88099
recipient eligible for ICF/MR services occupies a bed in an ICF/MR	88100
that is included in the ICF/MR's medicaid-certified capacity;	88101

(2) All days for which payment is made under section 5124.34	88102
of the Revised Code.	88103

(HH)(1) "New ICF/MR" means an ICF/MR for which the provider	88104
obtains an initial provider agreement following the director of	88105
health's medicaid certification of the ICF/MR, including such an	88106
ICF/MR that replaces one or more ICFs/MR for which a provider	88107
previously held a provider agreement.	88108

(2) "New ICF/MR" does not mean either of the following:

88109

(a) An ICF/MR for which the entering operator seeks a	88110
provider agreement pursuant to section 5124.511 or 5124.512 or	88111
(pursuant to section 5124.515) section 5124.07 of the Revised	88112
Code;	88113

(b) A downsized ICF/MR or partially converted ICF/MR.

88114

(II) "Nursing home" has the same meaning as in section	88115
3721.01 of the Revised Code.	88116

(JJ) "Operator" means the person or government entity	88117
responsible for the daily operating and management decisions for	88118
an ICF/MR.	88119

(KK) "Other protected costs" means costs incurred by an	88120
ICF/MR for medical supplies; real estate, franchise, and property	88121
taxes; natural gas, fuel oil, water, electricity, sewage, and	88122
refuse and hazardous medical waste collection; allocated other	88123
protected home office costs; and any additional costs defined as	88124
other protected costs in rules adopted under section 5124.03 of	88125
the Revised Code.	88126

(LL)(1) "Owner" means any person or government entity that	88127
has at least five per cent ownership or interest, either directly,	88128
indirectly, or in any combination, in any of the following	88129
regarding an ICF/MR:	88130

(a) The land on which the ICF/MR is located;

88131

(b) The structure in which the ICF/MR is located;

88132

(c) Any mortgage, contract for deed, or other obligation	88133
secured in whole or in part by the land or structure on or in	88134
which the ICF/MR is located;	88135

(d) Any lease or sublease of the land or structure on or in	88136
which the ICF/MR is located.	88137

(2) "Owner" does not mean a holder of a debenture or bond	88138
related to an ICF/MR and purchased at public issue or a regulated	88139
lender that has made a loan related to the ICF/MR unless the	88140
holder or lender operates the ICF/MR directly or through a	88141
subsidiary.	88142

(MM) "Partially converted ICF/MR" means an ICF/MR that	88143
converted some, but not all, of its beds to providing home and	88144
community-based services under the individual options waiver	88145
pursuant to section 5124.60 of the Revised Code.	88146

(NN)(1) Except as provided in divisions (NN)(2) and (3) of	88147
this section, "per diem" means an ICF/MR's desk-reviewed, actual,	88148
allowable costs in a given cost center in a cost reporting period,	88149
divided by the facility's inpatient days for that cost reporting	88150
period.	88151

(2) When determining capital costs for the purpose of section	88152
5124.17 of the Revised Code, "per diem" means an ICF/MR's actual,	88153
allowable capital costs in a cost-reporting period divided by the	88154
greater of the facility's inpatient days for that period or the	88155
number of inpatient days the ICF/MR would have had during that	88156
period if its occupancy rate had been ninety-five per cent.	88157

(3) When determining indirect care costs for the purpose of	88158
section 5124.21 of the Revised Code, "per diem" means an ICF/MR's	88159
actual, allowable indirect care costs in a cost-reporting period	88160
divided by the greater of the ICF/MR's inpatient days for that	88161
period or the number of inpatient days the ICF/MR would have had	88162
during that period if its occupancy rate had been eighty-five per	88163
cent.	88164

(OO) "Provider" means an operator with a valid provider	88165
agreement.	88166

(PP) "Provider agreement" means a provider agreement, as	88167
defined in section 5164.01 of the Revised Code, that is between	88168
the department of medicaid and the operator of an ICF/MR for the	88169
provision of ICF/MR services under the medicaid program.	88170

(QQ) "Purchased nursing services" means services that are	88171
provided in an ICF/MR by registered nurses, licensed practical	88172
nurses, or nurse aides who are not employees of the ICF/MR.	88173

(RR) "Reasonable" means that a cost is an actual cost that is	88174
appropriate and helpful to develop and maintain the operation of	88175
resident care facilities and activities, including normal standby	88176
costs, and that does not exceed what a prudent buyer pays for a	88177
given item or services. Reasonable costs may vary from provider to	88178
provider and from time to time for the same provider.	88179

(SS) "Related party" means an individual or organization	88180
that, to a significant extent, has common ownership with, is	88181
associated or affiliated with, has control of, or is controlled	88182
by, a provider.	88183

(1) An individual who is a relative of an owner is a related	88184
party.	88185

(2) Common ownership exists when an individual or individuals	88186
possess significant ownership or equity in both the provider and	88187
the other organization. Significant ownership or equity exists	88188
when an individual or individuals possess five per cent ownership	88189
or equity in both the provider and a supplier. Significant	88190
ownership or equity is presumed to exist when an individual or	88191
individuals possess ten per cent ownership or equity in both the	88192
provider and another organization from which the provider	88193
purchases or leases real property.	88194

(3) Control exists when an individual or organization has the	88195
power, directly or indirectly, to significantly influence or	88196
direct the actions or policies of an organization.	88197

(4) An individual or organization that supplies goods or	88198
services to a provider shall not be considered a related party if	88199
all of the following conditions are met:	88200

(a) The supplier is a separate bona fide organization.

88201

(b) A substantial part of the supplier's business activity of	88202
the type carried on with the provider is transacted with others	88203
than the provider and there is an open, competitive market for the	88204
types of goods or services the supplier furnishes.	88205

(c) The types of goods or services are commonly obtained by	88206
other ICFs/MR from outside organizations and are not a basic	88207
element of resident care ordinarily furnished directly to	88208
residents by the ICFs/MR.	88209

(d) The charge to the provider is in line with the charge for	88210
the goods or services in the open market and no more than the	88211
charge made under comparable circumstances to others by the	88212
supplier.	88213

(TT) "Relative of owner" means an individual who is related	88214
to an owner of an ICF/MR by one of the following relationships:	88215

(1) Spouse;

88216

(2) Natural parent, child, or sibling;

88217

(3) Adopted parent, child, or sibling;

88218

(4) Stepparent, stepchild, stepbrother, or stepsister;

88219

(5) Father-in-law, mother-in-law, son-in-law,	88220
daughter-in-law, brother-in-law, or sister-in-law;	88221

(6) Grandparent or grandchild;

88222

(7) Foster caregiver, foster child, foster brother, or foster	88223
sister.	88224

(UU)(1) "Renovation" means the following:

88225

(a) An ICF/MR's betterment, improvement, or restoration to	88226
which both of the following apply:	88227

(i) It was started before July 1, 1993;

88228

(ii) It meets the definition of "renovation" established in	88229
rules that were adopted by the director of job and family services	88230
and in effect on December 22, 1992.	88231

(b) An ICF/MR's betterment, improvement, or restoration to	88232
which both of the following apply:	88233

(i) It was started on or after July 1, 1993;

88234

(ii) It betters, improves, or restores the ICF/MR beyond its	88235
current functional capacity through a structural change that costs	88236
at least five hundred dollars per bed.	88237

(2) A renovation started on or after July 1, 1993, may	88238
include both of the following:	88239

(a) A betterment, improvement, restoration, or replacement of	88240
assets that are affixed to a building and have a useful life of at	88241
least five years;	88242

(b) Costs that otherwise would be considered maintenance and	88243
repair expenses if they are an integral part of the structural	88244
change that makes up the renovation project.	88245

(3) "Renovation" does not mean construction of additional	88246
space for beds that will be added to an ICF/MR's licensed capacity	88247
or medicaid-certified capacity.	88248

(VV) "Residential facility" has the same meaning as in	88249
section 5123.19 of the Revised Code.	88250

(WW) "Sponsor" means an adult relative, friend, or guardian	88251
of an ICF/MR resident who has an interest or responsibility in the	88252
resident's welfare.	88253

(XX) "Title XIX" means Title XIX of the "Social Security	88254
Act," 42 U.S.C. 1396, et seq.	88255

(YY) "Title XVIII" means Title XVIII of the "Social Security	88256
Act," 42 U.S.C. 1395, et seq.	88257

(ZZ) "Voluntary termination" means an operator's voluntary	88258
election to terminate the participation of an ICF/MR in the	88259
medicaid program but to continue to provide service of the type	88260
provided by a residential facility as defined in section 5123.19	88261
of the Revised Code.	88262

~~Sec. 5111.226.~~ Sec. 5124.02. ~~Subject, if needed, to the approval~~	88263
~~of the United States secretary of health and human services, the~~	88264
The department of ~~job and family services~~medicaid shall enter	88265
into a contract with the department of developmental disabilities	88266
under section ~~5111.91~~5162.35 of the Revised Code that provides	88267
for the department of developmental disabilities to assume the	88268
powers and duties of the department of ~~job and family services~~	88269
medicaid with regard to the medicaid program's coverage of ICF/MR	88270
services ~~provided by intermediate care facilities for the~~	88271
~~mentally retarded~~. The contract shall include a schedule for the	88272
assumption of the powers and duties. Except as otherwise	88273
authorized by the United States secretary of health and human	88274
services, no provision of the contract may violate a federal law	88275
or regulation governing the medicaid program. ~~Once the contract~~	88276
~~goes into effect, all references to the department of job and~~	88277
~~family services, and all references to the director of job and~~	88278
~~family services, with regard to intermediate care facilities for~~	88279
~~the mentally retarded that are in law enacted by the general~~	88280
~~assembly shall be deemed to be references to the department of~~	88281
~~developmental disabilities and director of developmental~~	88282
~~disabilities, respectively, to the extent necessary to implement~~	88283
~~the terms of the contract.~~	88284

Sec. 5124.03. To the extent authorized by rules authorized	88285
by section 5162.021 of the Revised Code, the director of	88286
developmental disabilities shall adopt rules in accordance with	88287
Chapter 119. of the Revised Code as necessary to implement this	88288
chapter.	88289

Sec. 5124.05. The medicaid program shall cover ICF/MR	88290
services when all of the following apply:	88291

(A) The ICF/MR services are provided to a medicaid recipient	88292
eligible for the services.	88293

(B) The ICF/MR services are provided by an ICF/MR for which	88294
the provider has a valid provider agreement.	88295

(C) Federal financial participation is available for the	88296
ICF/MR services.	88297

Sec. 5124.06. (A) Subject to section 5124.072 of the Revised	88298
Code, an ICF/MR operator is eligible to enter into a provider	88299
agreement for an ICF/MR if all of the following apply:	88300

(1) The ICF/MR is certified by the director of health for	88301
participation in medicaid;	88302

(2) The ICF/MR is licensed by the director of developmental	88303
disabilities as a residential facility;	88304

(3) Subject to division (B) of this section, the operator and	88305
ICF/MR comply with all applicable state and federal statutes and	88306
rules.	88307

(B) A state rule that requires an ICF/MR operator to have	88308
received approval of a plan for the proposed ICF/MR pursuant to	88309
section 5123.042 of the Revised Code as a condition of the	88310
operator being eligible to receive medicaid payments for ICF/MR	88311
services the ICF/MR provides does not apply if, under former	88312
section 5123.193 of the Revised Code as enacted by Am. Sub. H.B. 1	88313
of the 128th general assembly or section 5123.197 of the Revised	88314
Code, a residential facility license was obtained or modified for	88315
the ICF/MR without obtaining approval of such a plan.	88316

Sec. 5124.07. (A) Except as provided in section 5124.072 of	88317
the Revised Code, the department of medicaid shall enter into a	88318
provider agreement with an ICF/MR operator who applies, and is	88319
eligible, for the provider agreement.	88320

(B) A provider agreement shall require the department of	88321
developmental disabilities, pursuant to its agreement with the	88322
department of medicaid under section 5124.02 of the Revised Code,	88323
to make medicaid payments to the provider in accordance with this	88324
chapter for ICF/MR services the ICF/MR provides to its residents	88325
who are medicaid recipients eligible for ICF/MR services.	88326

(C) A provider agreement shall require the provider to do all	88327
of the following:	88328

(1) Maintain eligibility for the provider agreement as	88329
provided in section 5124.06 of the Revised Code;	88330

(2) Keep records relating to a cost reporting period for the	88331
greater of seven years after the cost report is filed or, if the	88332
department of developmental disabilities issues an audit report in	88333
accordance with section 5124.109 of the Revised Code, six years	88334
after all appeal rights relating to the audit report are	88335
exhausted;	88336

(3) File reports as the department of developmental	88337
disabilities requires;	88338

(4) Open all records relating to the costs of the ICF/MR's	88339
services for inspection and audit by the department of	88340
developmental disabilities;	88341

(5) Open its premises for inspection by the department of	88342
developmental disabilities, department of health, and any other	88343
state or local authority having authority to inspect;	88344

(6) Supply to the department of developmental disabilities	88345
such information as it requires concerning the ICF/MR's services	88346
to residents who are, or are eligible to be, medicaid recipients;	88347

(7) Comply with section 5124.08 of the Revised Code.

88348

(D) A provider agreement may contain other provisions that	88349
are consistent with law and considered necessary by the department	88350
of medicaid or the department of developmental disabilities.	88351

Sec. 5124.071. An ICF/MR operator may enter into provider	88352
agreements for more than one ICF/MR.	88353

Sec. 5124.072. The department of medicaid, in accordance	88354
with rules adopted under section 5165.02 of the Revised Code, may	88355
elect not to enter into, not to revalidate, or to terminate an	88356
ICF/MR provider agreement when the department determines that such	88357
an agreement would not be in the best interests of medicaid	88358
recipients or the state. The department shall not revalidate an	88359
ICF/MR provider agreement if the provider fails to maintain	88360
eligibility for the provider agreement as provided in section	88361
5124.06 of the Revised Code.	88362

Sec. 5124.08. (A) Every provider agreement with an ICF/MR	88363
provider shall do both of the following:	88364

(1) Except as provided by division (B) of this section,	88365
include any part of the ICF/MR that meets federal and state	88366
standards for medicaid certification;	88367

(2) Prohibit the provider from doing either of the following:

88368

(a) Discriminating against a resident on the basis of race,	88369
color, sex, creed, or national origin;	88370

(b) Subject to division (D) of this section, failing or	88371
refusing to do either of the following:	88372

(i) Admit as a resident of the ICF/MR an individual because	88373
the individual is, or may (as a resident of the ICF/MR) become, a	88374
medicaid recipient if less than eighty per cent of the ICF/MR's	88375
residents are medicaid recipients;	88376

(ii) Retain as a resident of the ICF/MR an individual because	88377
the individual is, or may (as a resident of the ICF/MR) become, a	88378
medicaid recipient.	88379

(B) Unless otherwise required by federal law, an ICF/MR bed	88380
is not required to be included in a provider agreement if the bed	88381
is designated for respite care under a medicaid waiver component	88382
operated pursuant to a waiver sought under section 5166.20 of the	88383
Revised Code.	88384

(C) For the purpose of division (A)(2)(b)(ii) of this	88385
section, a medicaid recipient who is a resident of an ICF/MR shall	88386
be considered a resident of the ICF/MR during any hospital stays	88387
totaling less than twenty-five days during any twelve-month	88388
period. A medicaid recipient identified by the department of	88389
developmental disabilities or its designee as requiring the level	88390
of care of an ICF/MR shall not be subject to a maximum period of	88391
absences during which the recipient is considered to be an ICF/MR	88392
resident if prior authorization of the department for visits with	88393
relatives and friends and participation in therapeutic programs is	88394
obtained in accordance with rules adopted under section 5124.03 of	88395
the Revised Code.	88396

(D) Nothing in this section shall bar a provider from doing	88397
any of the following:	88398

(1) If the provider is a religious organization operating a	88399
religious or denominational ICF/MR, giving preference to persons	88400
of the same religion or denomination;	88401

(2) Giving preference to persons with whom the provider has	88402
contracted to provide continuing care;	88403

(3) Retaining residents who have resided in the provider's	88404
ICF/MR for not less than one year as private pay residents and who	88405
subsequently become medicaid recipients but refusing to admit as a	88406
resident an individual who is, or may (as a resident of the	88407
ICF/MR) become, a medicaid recipient, if all of the following	88408
apply:	88409

(a) The provider does not refuse to retain a resident who has	88410
resided in the provider's ICF/MR for not less than one year as a	88411
private pay resident because the resident becomes a medicaid	88412
recipient, except as necessary to comply with division (D)(3)(b)	88413
of this section.	88414

(b) The number of medicaid recipients retained under division	88415
(D)(3) of this section does not at any time exceed ten per cent of	88416
all the ICF/MR's residents.	88417

(c) On July 1, 1980, all the ICF/MR's residents were private	88418
pay residents.	88419

(E) No provider shall violate the provider agreement	88420
obligations imposed by this section.	88421

Sec. 5124.081. An ICF/MR resident has a cause of action	88422
against the provider of the ICF/MR for breach of the provider	88423
agreement obligations or other duties imposed by section 5124.08	88424
of the Revised Code. The action may be commenced by the resident,	88425
or on the resident's behalf by the resident's sponsor, by the	88426
filing of a civil action in the court of common pleas of the	88427
county in which the ICF/MR is located or in the court of common	88428
pleas of Franklin county.	88429

If a court of common pleas finds that a provider has breached	88430
a provider agreement obligation or other duty imposed by section	88431
5124.08 of the Revised Code, the court may do one or more of the	88432
following:	88433

(A) Enjoin the provider from engaging in the practice;

88434

(B) Order such affirmative relief as may be necessary;

88435

(C) Award to a resident and a sponsor that brings the action	88436
on behalf of a resident actual damages, costs, and reasonable	88437
attorney's fees.	88438

Sec. 5124.10. (A) Except as provided in division (D) of this	88439
section and division (E)(2) of section 5124.101 of the Revised	88440
Code, each ICF/MR provider shall file with the department of	88441
developmental disabilities an annual cost report for each of the	88442
provider's ICFs/MR for which the provider has a valid provider	88443
agreement. The cost report for a year shall cover the calendar	88444
year or portion of the calendar year during which the ICF/MR	88445
participated in the medicaid program. Except as provided in	88446
division (E) of this section, the cost report is due not later	88447
than ninety days after the end of the calendar year, or portion of	88448
the calendar year, that the cost report covers.	88449

(B)(1) If an ICF/MR undergoes a change of provider that the	88450
department determines, in accordance with rules adopted under	88451
section 5124.03 of the Revised Code, is not an arms length	88452
transaction, the new provider shall file the ICF/MR's cost report	88453
in accordance with division (A) of this section and the cost	88454
report shall cover the portion of the calendar year during which	88455
the new provider operated the ICF/MR and the portion of the	88456
calendar year during which the previous provider operated the	88457
ICF/MR.	88458

(2) If an ICF/MR undergoes a change of provider that the	88459
department determines, in accordance with rules adopted under	88460
section 5124.03 of the Revised Code, is an arms length	88461
transaction, the new provider shall file with the department a	88462
cost report for the ICF/MR not later than, except as provided in	88463
division (E) of this section, ninety days after the end of the	88464
ICF/MR's first three full calendar months of operation under the	88465
new provider. The cost report shall cover the period that begins	88466
with the ICF/MR's first day of operation under the new provider	88467
and ends on the first day of the month immediately following the	88468
first three full months of operation under the new provider.	88469

(C) If the medicaid payment rate for a new ICF/MR was most	88470
recently determined in accordance with section 5124.151 of the	88471
Revised Code, the provider shall file with the department a cost	88472
report for the new ICF/MR not later than, except as provided in	88473
division (E) of this section, ninety days after the end of the new	88474
ICF/MR's first three full calendar months of operation. The cost	88475
report shall cover the period that begins with the ICF/MR's first	88476
day of operation and ends on the first day of the month	88477
immediately following the first three full months of operation.	88478

(D) An ICF/MR provider is not required to file a cost report	88479
for an ICF/MR for a calendar year in accordance with division (A)	88480
of this section if the provider files a cost report for the ICF/MR	88481
under division (B)(2) or (C) of this section and that cost report	88482
covers a period that begins after the first day of October of that	88483
calendar year. The provider shall file a cost report for the	88484
ICF/MR in accordance with division (A) of this section for the	88485
immediately following calendar year.	88486

(E) The department may grant to a provider a fourteen-day	88487
extension to file a cost report under this section or section	88488
5124.101 of the Revised Code if the provider provides the	88489
department a written request for the extension and the department	88490
determines that there is good cause for the extension.	88491

Sec. 5124.101. (A) The provider of an ICF/MR that becomes a	88492
downsized ICF/MR or partially converted ICF/MR may file with the	88493
department of developmental disabilities a cost report covering	88494
the period specified in division (B) of this section if the ICF/MR	88495
has both of the following on the day it becomes a downsized ICF/MR	88496
or partially converted ICF/MR:	88497

(1) A medicaid-certified capacity that is at least ten per	88498
cent less than its medicaid-certified capacity on the day	88499
immediately preceding the day it becomes a downsized ICF/MR or	88500
partially converted ICF/MR;	88501

(2) At least five fewer beds certified as ICF/MR beds than it	88502
has on the day immediately preceding the day it becomes a	88503
downsized ICF/MR or partially converted ICF/MR.	88504

(B) A cost report filed under division (A) of this section	88505
shall cover the period that begins with the day that the ICF/MR	88506
becomes a downsized ICF/MR or partially converted ICF/MR and ends	88507
on the first day of the month immediately following the first	88508
three full months of operation as a downsized ICF/MR or partially	88509
converted ICF/MR.	88510

(C) The department shall refuse to accept a cost report filed	88511
under division (A) of this section if either of the following	88512
apply:	88513

(1) Except as provided in division (E) of section 5124.10 of	88514
the Revised Code, the provider fails to file the cost report with	88515
the department not later than ninety days after the last day of	88516
the period the cost report covers;	88517

(2) The cost report is incomplete or inadequate.

88518

(D) If the department accepts a cost report filed under	88519
division (A) of this section, the department shall determine the	88520
ICF/MR's medicaid payment rate in accordance with this chapter	88521
using that cost report. The provider shall be paid that rate for	88522
ICF/MR services the ICF/MR provides during the period that begins	88523
and ends as follows:	88524

(1) The period begins on the following:

88525

(a) The day that the ICF/MR becomes a downsized ICF/MR or	88526
partially converted ICF/MR if that day is the first day of a	88527
month;	88528

(b) The first day of the month immediately following the	88529
month that the ICF/MR becomes a downsized ICF/MR or partially	88530
converted ICF/MR if division (D)(1)(a) of this section does not	88531
apply.	88532

(2) The period ends on the first day of the fiscal year for	88533
which the ICF/MR begins to be paid a rate determined using a cost	88534
report that division (E) of this section requires be filed in	88535
accordance with division (A) of section 5124.10 of the Revised	88536
Code.	88537

(E)(1) If the department accepts a cost report filed under	88538
division (A) of this section for an ICF/MR that becomes a	88539
downsized ICF/MR or partially converted ICF/MR on or before the	88540
first day of October of a calendar year, the provider also shall	88541
file a cost report for the ICF/MR in accordance with division (A)	88542
of section 5124.10 of the Revised Code for the portion of that	88543
calendar year that the ICF/MR operated as a downsized ICF/MR or	88544
partially converted ICF/MR.	88545

(2) If the department accepts a cost report filed under	88546
division (A) of this section for an ICF/MR that becomes a	88547
downsized ICF/MR or partially converted ICF/MR after the first day	88548
of October of a calendar year, the provider is not required to	88549
file a cost report for that calendar year in accordance with	88550
division (A) of section 5124.10 of the Revised Code. The provider	88551
shall file a cost report for the ICF/MR in accordance with	88552
division (A) of section 5124.10 of the Revised Code for the	88553
immediately following calendar year.	88554

Sec. 5124.102. No ICF/MR provider shall report fines paid	88555
under section 5124.99 of the Revised Code in a cost report filed	88556
under section 5124.10, 5124.101, or 5124.522 of the Revised Code.	88557

Sec. 5124.103. Cost reports shall be completed using the	88558
form prescribed under section 5124.104 of the Revised Code and in	88559
accordance with the guidelines established under that section.	88560

Sec. 5124.104. The department of developmental disabilities	88561
shall do all of the following:	88562

(A) Prescribe the form to be used for completing a cost	88563
report and a uniform chart of accounts for the purpose of	88564
reporting costs on the form;	88565

(B) Distribute a paper copy of the form, or computer software	88566
for electronic submission of the form, to each provider at least	88567
sixty days before the date the cost report is due;	88568

88569

Sec. 5124.105. The department of developmental disabilities	88570
shall develop an addendum to the cost report form that an ICF/MR	88571
provider may use to set forth costs that the provider believes the	88572
department may dispute. The department may consider such costs in	88573
determining an ICF/MR's medicaid payment rate. If the department	88574
does not consider such costs in determining an ICF/MR's medicaid	88575
payment rate, the provider may seek reconsideration of the	88576
determination in accordance with section 5124.38 of the Revised	88577
Code. If the department subsequently includes such costs in an	88578
ICF/MR's medicaid payment rate, the department shall pay the	88579
provider interest at a reasonable rate established in rules	88580
adopted under section 5124.03 of the Revised Code for the period	88581
that the rate excluded the costs.	88582

Sec. 5124.106. If an ICF/MR provider required by section	88583
5124.10 of the Revised Code to file a cost report for the ICF/MR	88584
fails to file the cost report by the date it is due or the date,	88585
if any, to which the due date is extended pursuant to division (E)	88586
of that section, or files an incomplete or inadequate report for	88587
the ICF/MR under that section, the department of developmental	88588
disabilities shall provide immediate written notice to the	88589
provider that the provider agreement for the ICF/MR will be	88590
terminated in thirty days unless the provider submits a complete	88591
and adequate cost report for the ICF/MR within thirty days. During	88592
the thirty-day termination period or any additional time allowed	88593
for an appeal of the proposed termination of a provider agreement,	88594
the provider shall be paid the ICF/MR's then current per medicaid	88595
day payment rate, minus the dollar amount by which ICFs/MR's per	88596
medicaid day payment rates are reduced during fiscal year 2013 in	88597
accordance with division (A)(2) of section 5111.26 of the Revised	88598
Code (renumbered as section 5165.10 of the Revised Code by H.B. 59	88599
of the 130th general assembly) as that section existed on the day	88600
immediately preceding the effective date of this section. On the	88601
first day of each July, the department shall adjust the amount of	88602
the reduction in effect during the previous twelve months to	88603
reflect the rate of inflation during the preceding twelve months,	88604
as shown in the consumer price index for all items for all urban	88605
consumers for the north central region, published by the United	88606
States bureau of labor statistics.	88607

Sec. 5124.107. (A) Except as provided in division (B) of	88608
this section and not later than three years after an ICF/MR	88609
provider files a cost report with the department of developmental	88610
disabilities under section 5124.10 or 5124.101 of the Revised	88611
Code, the provider may amend the cost report if the provider	88612
discovers a material error in the cost report or additional	88613
information to be included in the cost report. The department	88614
shall review the amended cost report for accuracy and notify the	88615
provider of its determination.	88616

(B) An ICF/MR provider may not amend a cost report if the	88617
department has notified the provider that an audit of the cost	88618
report or a cost report of the provider for a subsequent cost	88619
reporting period is to be conducted under section 5124.109 of the	88620
Revised Code. The provider may, however, provide the department	88621
information that affects the costs included in the cost report.	88622
Such information may not be provided after the adjudication of the	88623
final settlement of the cost report.	88624

Sec. 5124.108. The department of developmental disabilities	88625
shall conduct a desk review of all cost reports it receives under	88626
sections 5124.10, 5124.101, and 5124.522 of the Revised Code.	88627
Based on the desk review, the department shall make a preliminary	88628
determination of whether the reported costs are allowable costs.	88629
The department shall notify each ICF/MR provider of whether any of	88630
the reported costs are preliminarily determined not to be	88631
allowable costs, the medicaid payment rate determined under this	88632
chapter as a result of the determination regarding allowable	88633
costs, and the reasons for the determination and resulting rate.	88634
The department shall allow the provider to verify the calculation	88635
and submit additional information.	88636

Sec. 5124.109. (A) The department of developmental	88637
disabilities may conduct an audit, as defined in rules adopted	88638
under section 5124.03 of the Revised Code, of any cost report	88639
filed under section 5124.10, 5124.101, or 5124.522 of the Revised	88640
Code. The decision whether to conduct an audit and the scope of	88641
the audit, which may be a desk or field audit, may be determined	88642
based on prior performance of the provider, a risk analysis, or	88643
other evidence that gives the department reason to believe that	88644
the provider has reported costs improperly. A desk or field audit	88645
may be performed annually, but is required whenever a provider	88646
does not pass the risk analysis tolerance factors.	88647

(B) Audits shall be conducted by auditors under contract with	88648
the department, auditors working for firms under contract with the	88649
department, or auditors employed by the department.	88650

The department may establish a contract for the auditing of	88651
ICFs/MR by outside firms. Each contract entered into by bidding	88652
shall be effective for one to two years.	88653

(C) The department shall notify a provider of the findings of	88654
an audit of a cost report by issuing an audit report. The	88655
department shall issue the audit report not later than three years	88656
after the earlier of the following:	88657

(1) The date the cost report is filed;

88658

(2) The date a desk or field audit of the cost report or a	88659
cost report for a subsequent cost reporting period is completed.	88660

(D) The department shall prepare a written summary of any	88661
audit disallowance that is made after the effective date of the	88662
rate that is based on the cost. Where the provider is pursuing	88663
judicial or administrative remedies in good faith regarding the	88664
disallowance, the department shall not withhold from the	88665
provider's current payments any amounts the department claims to	88666
be due from the provider pursuant to section 5124.41 of the	88667
Revised Code.	88668

(E)(1) The department shall establish an audit manual and	88669
program for field audits conducted under this section. Each	88670
auditor conducting a field audit under this section shall follow	88671
the audit manual and program, regardless of whether the auditor is	88672
under contract with the department, works for a firm under	88673
contract with the department, or is employed by the department.	88674
The manual and program shall do both of the following:	88675

(a) Require each field audit to be conducted by an auditor to	88676
whom all of the following apply:	88677

(i) During the period of the auditor's contract, firm's	88678
contract, or auditor's employment with the department, the auditor	88679
or firm does not have and is not committed to acquire any direct	88680
or indirect financial interest in the ownership, financing, or	88681
operation of ICFs/MR in this state.	88682

(ii) The auditor does not audit any provider that has been a	88683
client of the auditor or the auditor's firm.	88684

(iii) The auditor is otherwise independent as determined by	88685
the standards of independence included in the government auditing	88686
standards produced by the United States government accountability	88687
office.	88688

(b) Require each auditor conducting a field audit to do all	88689
of the following:	88690

(i) Comply with applicable rules prescribed pursuant to Title	88691
XIX;	88692

(ii) Consider generally accepted auditing standards	88693
prescribed by the American institute of certified public	88694
accountants;	88695

(iii) Include a written summary as to whether the costs	88696
included in the cost report examined during the audit are	88697
allowable and are presented in accordance with state and federal	88698
laws and regulations, and whether, in all material respects,	88699
allowable costs are documented, reasonable, and related to patient	88700
care;	88701

(iv) Complete the audit within the time period specified by	88702
the department;	88703

(v) Provide to the provider complete written interpretations	88704
that explain in detail the application of all relevant contract	88705
provisions, regulations, auditing standards, rate formulae, and	88706
departmental policies, with explanations and examples, that are	88707
sufficient to permit the provider to calculate with reasonable	88708
certainty those costs that are allowable and the rate to which the	88709
provider's ICF/MR is entitled.	88710

(2) For the purpose of division (E)(1)(a)(i) of this section,	88711
employment of a member of an auditor's family by an ICF/MR that	88712
the auditor does not audit does not constitute a direct or	88713
indirect financial interest in the ownership, financing, or	88714
operation of the ICF/MR.	88715

~~Sec. 5111.224.~~ Sec. 5124.15. (A) Except as otherwise provided by	88716
sections ~~5111.20~~5124.151 to ~~5111.331~~5124.155 of the Revised Code	88717
and by division (B) of this section, the ~~payments~~total per	88718
medicaid day payment rate that the department of ~~job and family~~	88719
~~services~~developmental disabilities shall ~~agree to make~~pay to ~~the~~	88720
an ICF/MR provider ~~of an intermediate care facility for the~~	88721
~~mentally retarded pursuant to a provider agreement~~for ICF/MR	88722
services the provider's ICF/MR provides during a fiscal year shall	88723
equal the sum of all of the following:	88724

(1) The per medicaid day payment rate for capital costs	88725
determined for the ICF/MR under section 5124.17 of the Revised	88726
Code;	88727

(2) The per medicaid day payment rate for direct care costs	88728
determined for the ~~facility~~ICF/MR under section ~~5111.23~~5124.19	88729
of the Revised Code;	88730

~~(2)~~(3) The per medicaid day payment rate for indirect care	88731
costs determined for the ICF/MR under section 5124.21 of the	88732
Revised Code;	88733

(4) The per medicaid day payment rate for other protected	88734
costs determined for the ~~facility~~ICF/MR under section ~~5111.235~~	88735
5124.23 of the Revised Code;	88736

~~(3) The rate for indirect care costs determined for the~~	88737
~~facility under section 5111.241 of the Revised Code;~~	88738

~~(4) The rate for capital costs determined for the facility~~	88739
~~under section 5111.251 of the Revised Code~~.	88740

(B) The department shall adjust the total rate otherwise	88741
determined under division (A) of this section as directed by the	88742
general assembly through the enactment of law governing medicaid	88743
payments to ICF/MR providers ~~of intermediate care facilities for~~	88744
~~the mentally retarded~~.	88745

(C) In addition to paying an ICF/MR provider the total rate	88746
determined for the provider's ICF/MR under divisions (A) and (B)	88747
of this section for a fiscal year, the department, in accordance	88748
with section 5124.25 of the Revised Code, may pay the provider a	88749
rate add-on for pediatric ventilator-dependent outlier ICF/MR	88750
services if the rate add-on is to be paid under that section and	88751
the department approves the provider's application for the rate	88752
add-on. The rate add-on is not to be part of the ICF/MR's total	88753
rate.	88754

~~Sec. 5111.255.~~ Sec. 5124.151. (A) The ~~department of job and family~~	88755
~~services shall establish initial rates for an intermediate care~~	88756
~~facility for the mentally retarded with a first date of licensure~~	88757
~~that is on or after January 1, 1993, including a facility that~~	88758
~~replaces one or more existing facilities, or for an intermediate~~	88759
~~care facility for the mentally retarded with a first date of~~	88760
~~licensure before that date that was initially certified for the~~	88761
~~medicaid program on or after that date,~~total per medicaid day	88762
payment rate determined under section 5124.15 of the Revised Code	88763
shall not be the initial rate for ICF/MR services provided by a	88764
new ICF/MR. Instead, the initial total per medicaid day payment	88765
rate for ICF/MR services provided by a new ICF/MR shall be	88766
determined in the following manner:	88767

(1) The initial rate for capital costs shall be determined	88768
under section 5124.17 of the Revised Code using the greater of the	88769
new ICF/MR's actual inpatient days or an imputed occupancy rate of	88770
eighty per cent.	88771

(2) The initial rate for direct care costs shall be	88772
determined as follows:	88773

(a) If there are no cost or resident assessment data for the	88774
new ICF/MR as necessary to ~~calculate~~determine a rate under	88775
section ~~5111.23~~5124.19 of the Revised Code, the rate shall be	88776
determined as follows:	88777

(i) Determine the median cost per case-mix unit ~~calculated~~	88778
determined under division (B)~~(1)~~ of ~~that~~ section 5124.19 of the	88779
Revised Code for the ~~relevant~~new ICF/MR's peer group for the	88780
calendar year preceding the fiscal year in which the rate will be	88781
paid~~, multiplied~~;	88782

(ii) Multiply the amount determined under division	88783
(A)(2)(a)(i) of this section by the median annual average case-mix	88784
score for the new ICF/MR's peer group for that period ~~and~~;	88785

(iii) Adjust the product determined under division	88786
(A)(2)(a)(ii) of this section by the rate of inflation estimated	88787
under division ~~(B)(3)~~(D) of ~~that~~ section 5124.19 of the Revised	88788
Code. ~~This rate shall be recalculated to reflect the facility's~~	88789
~~actual quarterly average case-mix score, in accordance with that~~	88790
~~section, after it submits its first quarterly assessment data that~~	88791
~~qualifies for use in calculating a case-mix score in accordance~~	88792
~~with rules authorized by division (E) of section 5111.232 of the~~	88793
~~Revised Code. If the facility's first two quarterly submissions do~~	88794
~~not contain assessment data that qualifies for use in calculating~~	88795
~~a case-mix score, the department shall continue to calculate the~~	88796
~~rate using the median annual case-mix score for the peer group in~~	88797
~~lieu of an assigned quarterly case-mix score. The department shall~~	88798
~~assign a case-mix score or, if necessary, a cost per case-mix unit~~	88799
~~under division (D) of section 5111.232 of the Revised Code for any~~	88800
~~subsequent submissions that do not contain assessment data that~~	88801
~~qualifies for use in calculating a case-mix score.~~	88802

(b) If the ~~facility~~new ICF/MR is a replacement ~~facility~~	88803
ICF/MR and the ~~facility~~ICF/MR or ~~facilities~~ICFs/MR that are	88804
being replaced are in operation immediately before the ~~replacement~~	88805
~~facility~~new ICF/MR opens, the rate shall be the same as the rate	88806
for the replaced ~~facility~~ICF/MR or ~~facilities~~ICFs/MR,	88807
proportionate to the number of ICF/MR beds in each replaced	88808
~~facility~~ICF/MR. ~~If one or more of the replaced facilities is~~	88809

(c) If the new ICF/MR is a replacement ICF/MR and the ICF/MR	88810
or ICFs/MR that are being replaced are not in operation	88811
immediately before the ~~replacement facility~~new ICF/MR opens, ~~its~~	88812
~~proportion~~the rate shall be determined under division	88813
(A)~~(1)~~(2)(a) of this section.	88814

~~(2)~~(3) The initial rate for indirect care costs shall be the	88815
maximum rate for the new ICF/MR's peer group as determined for the	88816
fiscal year in accordance with division (C) of section 5124.21 of	88817
the Revised Code.	88818

(4) The initial rate for other protected costs shall be one	88819
hundred fifteen per cent of the median rate for ~~intermediate care~~	88820
~~facilities for the mentally retarded calculated~~ICFs/MR determined	88821
for the fiscal year under section ~~5111.235~~5124.23 of the Revised	88822
Code.	88823

~~(3) The rate for indirect care costs shall be the applicable~~	88824
~~maximum rate for the facility's peer group as specified in~~	88825
~~division (B) of section 5111.241 of the Revised Code.~~	88826

~~(4) The rate for capital costs shall be determined under~~	88827
~~section 5111.251 of the Revised Code using the greater of actual~~	88828
~~inpatient days or an imputed occupancy rate of eighty per cent.~~	88829

(B) If a new ICF/MR's initial rate for direct care costs is	88830
determined under division (A)(2)(a) of this section, the	88831
department shall redetermine the rate in accordance with section	88832
5124.19 of the Revised Code to reflect the new ICF/MR's actual	88833
quarterly case-mix score, after the provider, in accordance with	88834
section 5124.191 of the Revised Code, submits the first quarterly	88835
resident assessment data for the ICF/MR that qualifies for use in	88836
determining a case-mix score. If the first two quarterly	88837
submissions for the ICF/MR do not contain resident assessment data	88838
that qualifies for use in determining a case-mix score, the	88839
department shall continue to determine the ICF/MR's rate using the	88840
median annual case-mix score for the peer group in lieu of an	88841
assigned quarterly case-mix score. The department shall assign a	88842
case-mix score or, if necessary, a cost per case-mix unit under	88843
division (B) of section 5124.192 of the Revised Code for any	88844
subsequent submissions that do not contain resident assessment	88845
data that qualifies for use in determining a case-mix score.	88846

(C) The department shall adjust ~~the rates established~~a new	88847
ICF/MR's initial total per medicaid day payment rate determined	88848
under ~~division (A) of~~ this section at both of the following	88849
times:	88850

(1) Effective the first day of July, to reflect new rate	88851
~~calculations~~determinations for all ~~facilities~~ICFs/MR under	88852
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter;	88853

(2) Following the provider's submission of the ~~facility's~~	88854
ICF/MR's cost report under division ~~(A)(1)(b)~~(C) of section	88855
~~5111.26~~5124.10 of the Revised Code.	88856

The department shall pay the rate adjusted based on the cost	88857
report beginning the first day of the calendar quarter that begins	88858
more than ninety days after the department receives the cost	88859
report.	88860

Sec. 5124.152. The total per medicaid day payment rate	88861
determined under section 5124.15 of the Revised Code shall not be	88862
paid for ICF/MR services provided on or after July 1, 2014, to low	88863
resource utilization residents. Instead, the total per medicaid	88864
day payment rate for such ICF/MR services shall be a flat rate set	88865
in rules adopted under section 5124.03 of the Revised Code.	88866

Sec. 5124.153. (A) The total per medicaid day payment rate	88867
determined under section 5124.15 of the Revised Code shall not be	88868
paid for ICF/MR services provided by an ICF/MR, or discrete unit	88869
of an ICF/MR, designated by the department of developmental	88870
disabilities as an outlier ICF/MR or unit. Instead, the provider	88871
of a designated outlier ICF/MR or unit shall be paid each fiscal	88872
year a total per medicaid day payment rate that the department	88873
shall prospectively determine in accordance with a methodology	88874
established in rules authorized by this section.	88875

(B) The department may designate an ICF/MR, or discrete unit	88876
of an ICF/MR, as an outlier ICF/MR or unit if the ICF/MR or unit	88877
serves residents who have either of the following:	88878

(1) Diagnoses or special care needs that require direct care	88879
resources that are not measured adequately by the resident	88880
assessment instrument specified in rules authorized by section	88881
5124.191 of the Revised Code;	88882

(2) Diagnoses or special care needs that are specified in	88883
rules authorized by this section as otherwise qualifying for	88884
consideration under this section.	88885

(C) Notwithstanding any other provision of this chapter, the	88886
costs incurred by a designated outlier ICF/MR or unit shall not be	88887
considered in establishing medicaid payment rates for other	88888
ICFs/MR or units.	88889

(D) The director of developmental disabilities shall adopt	88890
rules under section 5124.03 of the Revised Code as necessary to	88891
implement this section.	88892

(1)(a) The rules shall do both of the following:

88893

(i) Specify the criteria and procedures the department will	88894
apply when designating an ICF/MR, or discrete unit of an ICF/MR,	88895
as an outlier ICF/MR or unit;	88896

(ii) Establish a methodology for prospectively determining	88897
the total per medicaid day payment rate that will be paid each	88898
fiscal year for ICF/MR services provided by a designated outlier	88899
ICF/MR or unit.	88900

(b) The rules adopted under division (D)(1)(a)(i) of this	88901
section regarding the criteria for designating outlier ICFs/MR and	88902
units shall do both of the following:	88903

(i) Provide for consideration of whether all of the allowable	88904
costs of an ICF/MR, or discrete unit of an ICF/MR, would be paid	88905
by the rate determined under section 5124.15 of the Revised Code;	88906

(ii) Specify the minimum number of ICF/MR beds that an	88907
ICF/MR, or discrete unit of an ICF/MR, must have to be designated	88908
an outlier ICF/MR or unit.	88909

(c) The rules authorized by division (D)(1)(a)(i) of this	88910
section regarding the criteria for designating outlier ICFs/MR and	88911
units shall not limit the designation to ICFs/MR, or discrete	88912
units of ICFs/MR, located in large cities.	88913

(d) The rules authorized by division (D)(1)(a)(ii) of this	88914
section regarding the methodology for prospectively determining	88915
the rates of designated outlier ICFs/MR and units shall provide	88916
for the methodology to consider the historical costs of providing	88917
ICF/MR services to the residents of designated outlier ICFs/MR and	88918
units.	88919

(2)(a) The rules may do both of the following:

88920

(i) Include for designation as an outlier ICF/MR or unit, an	88921
ICF/MR, or discrete unit of an ICF/MR, that serves residents who	88922
have complex medical conditions or severe behavioral problems;	88923

(ii) Require that a designated outlier ICF/MR or unit receive	88924
authorization from the department before admitting or retaining a	88925
resident.	88926

(b) If the director adopts rules authorized by division	88927
(D)(2)(a)(ii) of this section regarding the authorization of a	88928
designated outlier ICF/MR or unit to admit or retain a resident,	88929
the rules shall specify the criteria and procedures the department	88930
will apply when granting the authorization.	88931

Sec. 5124.154. (A) To the extent, if any, provided for in	88932
rules authorized by this section, the total per medicaid day	88933
payment rate determined under section 5124.15 of the Revised Code	88934
shall not be paid for ICF/MR services that an ICF/MR not	88935
designated as an outlier ICF/MR or unit provides to a resident who	88936
meets the criteria for admission to a designated outlier ICF/MR or	88937
unit, as specified in rules authorized by section 5124.153 of the	88938
Revised Code. Instead, the provider of an ICF/MR providing ICF/MR	88939
services to such a resident shall be paid each fiscal year a total	88940
per medicaid day payment rate that the department shall	88941
prospectively determine in accordance with a methodology	88942
established in rules authorized by this section.	88943

(B) The director of developmental disabilities may adopt	88944
rules under section 5124.03 of the Revised Code to implement this	88945
section. The rules may require that an ICF/MR receive	88946
authorization from the department before admitting or retaining a	88947
resident who meets the criteria for admission to a designated	88948
outlier ICF/MR or unit. If the director adopts such rules, the	88949
rules shall specify the criteria and procedures the department	88950
will apply when granting the authorization.	88951

~~Sec. 5111.291.~~ Sec. 5124.155. ~~Notwithstanding sections 5111.20 to~~	88952
~~5111.331 of the Revised Code~~The department of developmental	88953
disabilities is not required to pay the total per medicaid day	88954
payment rates determined under section 5124.15 of the Revised Code	88955
for ICF/MR services provided by developmental centers. Instead,	88956
the department ~~of job and family services~~ may ~~compute~~determine	88957
the ~~rate~~medicaid payment rates for ~~intermediate care facilities~~	88958
~~for the mentally retarded operated by the department of~~	88959
developmental ~~disabilities or the department of mental health~~	88960
centers according to the reasonable cost principles of Title	88961
XVIII.	88962

~~Sec. 5111.251.~~ Sec. 5124.17. (A) ~~The~~For each fiscal year, the	88963
department of ~~job and family services~~developmental disabilities	88964
shall ~~pay a provider for~~prospectively determine each ~~of the~~	88965
~~provider's eligible intermediate care facilities for the mentally~~	88966
~~retarded for its reasonable capital costs, a~~ICF/MR's per	88967
~~resident per~~medicaid day payment rate ~~established prospectively~~	88968
~~each fiscal year for each intermediate care facility for the~~	88969
~~mentally retarded~~for reasonable capital costs. Except as	88970
otherwise provided in ~~sections 5111.20 to 5111.331 of the Revised~~	88971
~~Code~~this chapter, ~~the~~an ICF/MR's rate shall be based on the	88972
~~facility's~~ICF/MR's capital costs for the calendar year preceding	88973
the fiscal year in which the rate will be paid. ~~The~~Subject to	88974
section 5124.28, an ICF/MR's rate shall equal the sum of the	88975
following:	88976

(1) The ~~facility's~~ICF/MR's desk-reviewed, actual, allowable,	88977
per diem ~~cost~~costs of ownership for the immediately preceding	88978
cost reporting period, limited as provided in divisions (B) and	88979
(C) ~~and (F)~~ of this section;	88980

(2) ~~Any efficiency incentive determined under division (B) of~~	88981
~~this section;~~	88982

~~(3) Any amounts for~~The ICF/MR's per medicaid day payment for	88983
the ICF/MR's per diem capitalized costs of nonextensive	88984
renovations determined under division (D)(1) of this section if	88985
the ICF/MR qualifies for a payment for such costs as specified in	88986
division (D)(2) of this section;	88987

~~(4) Any amounts for return on equity determined under~~	88988
~~division (H) of this section~~(3) The ICF/MR's per medicaid day	88989
efficiency incentive payment determined under division (E) of this	88990
section.	88991

~~Buildings shall be depreciated using the straight line method~~	88992
~~over forty years or over a different period approved by the~~	88993
~~department. Components and equipment shall be depreciated using~~	88994
~~the straight line method over a period designated by the director~~	88995
~~of job and family services in rules adopted under section 5111.02~~	88996
~~of the Revised Code, consistent with the guidelines of the~~	88997
~~American hospital association, or over a different period approved~~	88998
~~by the department of job and family services. Any rules authorized~~	88999
~~by this division that specify useful lives of buildings,~~	89000
~~components, or equipment apply only to assets acquired on or after~~	89001
~~July 1, 1993. Depreciation for costs paid or reimbursed by any~~	89002
~~government agency shall not be included in costs of ownership or~~	89003
~~renovation unless that part of the payment under sections 5111.20~~	89004
~~to 5111.331 of the Revised Code is used to reimburse the~~	89005
~~government agency.~~	89006

(B) ~~The department of job and family services shall pay to a~~	89007
~~provider for each of the provider's eligible intermediate care~~	89008
~~facilities for the mentally retarded an efficiency incentive equal~~	89009
~~to fifty per cent of the difference between any desk-reviewed,~~	89010
~~actual, allowable cost of ownership and the applicable limit on~~	89011
~~cost of ownership payments under division (C) of this section. For~~	89012
~~purposes of computing the efficiency incentive, depreciation for~~	89013
~~costs paid or reimbursed by any government agency shall be~~	89014
~~considered as a cost of ownership, and the applicable limit under~~	89015
~~division (C) of this section shall apply both to facilities with~~	89016
~~more than eight beds and facilities with eight or fewer beds. The~~	89017
~~efficiency incentive paid to a provider for a facility with eight~~	89018
~~or fewer beds shall not exceed three dollars per patient day,~~	89019
~~adjusted annually for the inflation rate for the twelve-month~~	89020
~~period beginning on the first day of July of the calendar year~~	89021
~~preceding the calendar year that precedes the fiscal year for~~	89022
~~which the efficiency incentive is determined and ending on the~~	89023
~~thirtieth day of the following June, using the consumer price~~	89024
~~index for shelter costs for all urban consumers for the north~~	89025
~~central region, as published by the United States bureau of labor~~	89026
~~statistics.~~	89027

~~(C) Cost~~The costs of ownership ~~payments~~per diem payment	89028
rates for ~~intermediate care facilities for the mentally retarded~~	89029
ICFs/MR with more than eight beds shall not exceed the following	89030
limits:	89031

(1) For ~~facilities~~ICFs/MR with dates of licensure prior to	89032
January 1, l958, not exceeding two dollars and fifty cents ~~per~~	89033
~~patient day~~;	89034

(2) For ~~facilities~~ICFs/MR with dates of licensure after	89035
December 31, l957, but prior to January 1, l968, not exceeding:	89036

(a) Three dollars and fifty cents ~~per patient day~~ if the cost	89037
of construction was three thousand five hundred dollars or more	89038
per bed;	89039

(b) Two dollars and fifty cents ~~per patient day~~ if the cost	89040
of construction was less than three thousand five hundred dollars	89041
per bed.	89042

(3) For ~~facilities~~ICFs/MR with dates of licensure after	89043
December 31, l967, but prior to January 1, l976, not exceeding:	89044

(a) Four dollars and fifty cents ~~per patient day~~ if the cost	89045
of construction was five thousand one hundred fifty dollars or	89046
more per bed;	89047

(b) Three dollars and fifty cents ~~per patient day~~ if the cost	89048
of construction was less than five thousand one hundred fifty	89049
dollars per bed, but exceeds three thousand five hundred dollars	89050
per bed;	89051

(c) Two dollars and fifty cents ~~per patient day~~ if the cost	89052
of construction was three thousand five hundred dollars or less	89053
per bed.	89054

(4) For ~~facilities~~ICFs/MR with dates of licensure after	89055
December 31, l975, but prior to January 1, l979, not exceeding:	89056

(a) Five dollars and fifty cents ~~per patient day~~ if the cost	89057
of construction was six thousand eight hundred dollars or more per	89058
bed;	89059

(b) Four dollars and fifty cents ~~per patient day~~ if the cost	89060
of construction was less than six thousand eight hundred dollars	89061
per bed but exceeds five thousand one hundred fifty dollars per	89062
bed;	89063

(c) Three dollars and fifty cents ~~per patient day~~ if the cost	89064
of construction was five thousand one hundred fifty dollars or	89065
less per bed, but exceeds three thousand five hundred dollars per	89066
bed;	89067

(d) Two dollars and fifty cents ~~per patient day~~ if the cost	89068
of construction was three thousand five hundred dollars or less	89069
per bed.	89070

(5) For ~~facilities~~ICFs/MR with dates of licensure after	89071
December 31, l978, but prior to January 1, l980, not exceeding:	89072

(a) Six dollars ~~per patient day~~ if the cost of construction	89073
was seven thousand six hundred twenty-five dollars or more per	89074
bed;	89075

(b) Five dollars and fifty cents ~~per patient day~~ if the cost	89076
of construction was less than seven thousand six hundred	89077
twenty-five dollars per bed but exceeds six thousand eight hundred	89078
dollars per bed;	89079

(c) Four dollars and fifty cents ~~per patient day~~ if the cost	89080
of construction was six thousand eight hundred dollars or less per	89081
bed but exceeds five thousand one hundred fifty dollars per bed;	89082

(d) Three dollars and fifty cents ~~per patient day~~ if the cost	89083
of construction was five thousand one hundred fifty dollars or	89084
less but exceeds three thousand five hundred dollars per bed;	89085

(e) Two dollars and fifty cents ~~per patient day~~ if the cost	89086
of construction was three thousand five hundred dollars or less	89087
per bed.	89088

(6) For ~~facilities~~ICFs/MR with dates of licensure after	89089
December 31, 1979, but prior to January 1, 1981, not exceeding:	89090

(a) Twelve dollars ~~per patient day~~ if the beds were	89091
originally licensed as residential facility beds by the department	89092
of developmental disabilities;	89093

(b) Six dollars ~~per patient day~~ if the beds were originally	89094
licensed as nursing home beds by the department of health.	89095

(7) For ~~facilities~~ICFs/MR with dates of licensure after	89096
December 31, 1980, but prior to January 1, 1982, not exceeding:	89097

(a) Twelve dollars ~~per patient day~~ if the beds were	89098
originally licensed as residential facility beds by the department	89099
of developmental disabilities;	89100

(b) Six dollars and forty-five cents ~~per patient day~~ if the	89101
beds were originally licensed as nursing home beds by the	89102
department of health.	89103

(8) For ~~facilities~~ICFs/MR with dates of licensure after	89104
December 31, 1981, but prior to January 1, 1983, not exceeding:	89105

(a) Twelve dollars ~~per patient day~~ if the beds were	89106
originally licensed as residential facility beds by the department	89107
of developmental disabilities;	89108

(b) Six dollars and seventy-nine cents ~~per patient day~~ if the	89109
beds were originally licensed as nursing home beds by the	89110
department of health.	89111

(9) For ~~facilities~~ICFs/MR with dates of licensure after	89112
December 31, 1982, but prior to January 1, 1984, not exceeding:	89113

(a) Twelve dollars ~~per patient day~~ if the beds were	89114
originally licensed as residential facility beds by the department	89115
of developmental disabilities;	89116

(b) Seven dollars and nine cents ~~per patient day~~ if the beds	89117
were originally licensed as nursing home beds by the department of	89118
health.	89119

(10) For ~~facilities~~ICFs/MR with dates of licensure after	89120
December 31, 1983, but prior to January 1, 1985, not exceeding:	89121

(a) Twelve dollars and twenty-four cents ~~per patient day~~ if	89122
the beds were originally licensed as residential facility beds by	89123
the department of developmental disabilities;	89124

(b) Seven dollars and twenty-three cents ~~per patient day~~ if	89125
the beds were originally licensed as nursing home beds by the	89126
department of health.	89127

(11) For ~~facilities~~ICFs/MR with dates of licensure after	89128
December 31, 1984, but prior to January 1, 1986, not exceeding:	89129

(a) Twelve dollars and fifty-three cents ~~per patient day~~ if	89130
the beds were originally licensed as residential facility beds by	89131
the department of developmental disabilities;	89132

(b) Seven dollars and forty cents ~~per patient day~~ if the beds	89133
were originally licensed as nursing home beds by the department of	89134
health.	89135

(12) For ~~facilities~~ICFs/MR with dates of licensure after	89136
December 31, 1985, but prior to January 1, 1987, not exceeding:	89137

(a) Twelve dollars and seventy cents ~~per patient day~~ if the	89138
beds were originally licensed as residential facility beds by the	89139
department of developmental disabilities;	89140

(b) Seven dollars and fifty cents ~~per patient day~~ if the beds	89141
were originally licensed as nursing home beds by the department of	89142
health.	89143

(13) For ~~facilities~~ICFs/MR with dates of licensure after	89144
December 31, 1986, but prior to January 1, 1988, not exceeding:	89145

(a) Twelve dollars and ninety-nine cents ~~per patient day~~ if	89146
the beds were originally licensed as residential facility beds by	89147
the department of developmental disabilities;	89148

(b) Seven dollars and sixty-seven cents ~~per patient day~~ if	89149
the beds were originally licensed as nursing home beds by the	89150
department of health.	89151

(14) For ~~facilities~~ICFs/MR with dates of licensure after	89152
December 31, 1987, but prior to January 1, 1989, not exceeding	89153
thirteen dollars and twenty-six cents ~~per patient day~~;	89154

(15) For ~~facilities~~ICFs/MR with dates of licensure after	89155
December 31, 1988, but prior to January 1, 1990, not exceeding	89156
thirteen dollars and forty-six cents ~~per patient day~~;	89157

(16) For ~~facilities~~ICFs/MR with dates of licensure after	89158
December 31, 1989, but prior to January 1, 1991, not exceeding	89159
thirteen dollars and sixty cents ~~per patient day~~;	89160

(17) For ~~facilities~~ICFs/MR with dates of licensure after	89161
December 31, 1990, but prior to January 1, 1992, not exceeding	89162
thirteen dollars and forty-nine cents ~~per patient day~~;	89163

(18) For ~~facilities~~ICFs/MR with dates of licensure after	89164
December 31, 1991, but prior to January 1, 1993, not exceeding	89165
thirteen dollars and sixty-seven cents ~~per patient day~~;	89166

(19) For ~~facilities~~ICFs/MR with dates of licensure after	89167
December 31, 1992, not exceeding fourteen dollars and twenty-eight	89168
cents ~~per patient day~~.	89169

(C)(1) The costs of ownership per diem payment rate for an	89170
ICF/MR with eight or fewer beds shall not exceed the following	89171
limits:	89172

(a) Eighteen dollars and thirty cents as adjusted for	89173
inflation pursuant to division (C)(2) of this section if any of	89174
the following apply to the ICF/MR:	89175

(i) The ICF/MR has a date of licensure, or was granted	89176
project authorization by the department of developmental	89177
disabilities, before July 1, 1993.	89178

(ii) The ICF/MR has a date of licensure, or was granted	89179
project authorization by the department, on or after July 1, 1993,	89180
and the provider demonstrates that the provider made substantial	89181
commitments of funds for the ICF/MR before that date.	89182

(iii) The ICF/MR has a date of licensure, or was granted	89183
project authorization by the department, on or after July 1, 1993,	89184
the provider made no substantial commitment of funds for the	89185
ICF/MR before that date, and the department of job and family	89186
services or department of developmental disabilities gave prior	89187
approval for the ICF/MR's construction.	89188

(b) If division (C)(1)(a) of this section does not apply to	89189
the ICF/MR, the amount that would apply to the ICF/MR under	89190
division (B) of this section if it had more than eight beds.	89191

(2) The eighteen-dollar and thirty-cent payment rate	89192
specified in division (C)(1)(a) of this section shall be increased	89193
as follows:	89194

(a) For the period beginning June 30, 1990, and ending July	89195
1, 1993, by the change in the "Dodge building cost indexes,	89196
northeastern and north central states," published by Marshall and	89197
Swift;	89198

(b) For each fiscal year thereafter, in accordance with	89199
division (F) of this section.	89200

(D)(1) Beginning January 1, 1981, regardless of the original	89201
date of licensure, the ~~department of job and family services shall~~	89202
~~pay a~~payment rate for the per diem capitalized costs of	89203
nonextensive renovations ~~to intermediate care facilities for the~~	89204
~~mentally retarded~~ made after January 1, l981, to a qualifying	89205
ICF/MR, shall not ~~exceeding~~exceed six dollars per ~~patient~~	89206
medicaid day using 1980 as the base year and adjusting the amount	89207
annually until June 30, 1993, for fluctuations in construction	89208
costs calculated by the department using the "Dodge building cost	89209
indexes, northeastern and north central states," published by	89210
Marshall and Swift. The payment rate shall be further adjusted in	89211
accordance with division (F) of this section. The payment provided	89212
for in this division is the only payment that shall be made for	89213
~~the~~an ICF/MR's capitalized costs of a nonextensive ~~renovation of~~	89214
~~an intermediate care facility for the mentally retarded~~	89215
renovations. ~~Nonextensive renovation costs~~Costs of nonextensive	89216
renovations shall not be included in ~~cost~~costs of ownership, and	89217
~~a nonextensive renovation~~ shall not affect the date of licensure	89218
for purposes of division (B) or (C) of this section. This division	89219
applies to nonextensive renovations regardless of whether they are	89220
made by an owner or a lessee. If the tenancy of a lessee that has	89221
made nonextensive renovations ends before the depreciation expense	89222
for the ~~renovation~~ costs of nonextensive renovations has been	89223
fully reported, the former lessee shall not report the	89224
undepreciated balance as an expense.	89225

~~For a nonextensive renovation to qualify~~(2) An ICF/MR	89226
qualifies for a payment ~~under this division, both~~for costs of	89227
nonextensive renovations if all of the following ~~conditions must~~	89228
~~be met~~apply:	89229

~~(1)~~(a) The ICF/MR has eight or fewer beds.

89230

(b) At least five years have elapsed since the ICF/MR's date	89231
of licensure or date of an extensive renovation of the portion of	89232
the ~~facility~~ICF/MR that is proposed to be nonextensively	89233
renovated, ~~except that this condition does not apply if~~unless the	89234
nonextensive renovation is necessary to meet the requirements of	89235
federal, state, or local statutes, ordinances, rules, or policies.	89236

~~(2)~~(c) The provider ~~has obtained prior approval from the~~	89237
~~department of job and family services. The provider shall submit~~	89238
of the ICF/MR does both of the following:	89239

(i) Submits to the department a plan that describes in detail	89240
the changes in capital assets to be accomplished by means of the	89241
nonextensive renovation and the timetable for completing the	89242
project~~. The time for completion of the project~~, which shall be no	89243
not more than eighteen months after the nonextensive renovation	89244
begins;	89245

(ii) Obtains prior approval from the department for the	89246
nonextensive renovation. ~~The~~	89247

(3) The director of ~~job and family services~~developmental	89248
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	89249
the Revised Code that specify criteria and procedures for prior	89250
approval of nonextensive renovation projects. No provider shall	89251
separate a project with the intent to evade the characterization	89252
of the project as a renovation or as an extensive renovation. No	89253
provider shall increase the scope of a project after it is	89254
approved by the department ~~of job and family services~~ unless the	89255
increase in scope is approved by the department.	89256

(E)(1) Subject to division (E)(2) of this section, an	89257
ICF/MR's per medicaid day efficiency incentive payment rate shall	89258
equal the following percentage of the difference between the	89259
ICF/MR's desk-reviewed, actual, allowable per diem costs of	89260
ownership and the applicable limit on costs of ownership payment	89261
rates established by division (B) of this section:	89262

(a) In the case of an ICF/MR with more than eight beds,	89263
twenty-five per cent;	89264

(b) In the case of an ICF/MR with eight or fewer beds, fifty	89265
per cent.	89266

(2) The efficiency incentive payment rate for an ICF/MR with	89267
eight or fewer beds shall not exceed three dollars per medicaid	89268
day, adjusted annually in accordance with division (F) of this	89269
section. For the purpose of determining an ICF/MR's efficiency	89270
incentive payment rate, both of the following apply:	89271

(a) Depreciation for costs paid or reimbursed by any	89272
government agency shall be considered as a cost of ownership;	89273

(b) The applicable limit under division (B) of this section	89274
shall apply both to ICFs/MR with more than eight beds and ICFs/MR	89275
with eight or fewer beds.	89276

(F) The amounts specified in divisions (B), (C) ~~and~~, (D), and	89277
(E) of this section shall be adjusted beginning July 1, 1993, for	89278
the estimated inflation rate for the twelve-month period beginning	89279
on the first day of July of the calendar year immediately	89280
preceding the calendar year that immediately precedes the fiscal	89281
year for which rate will be paid and ending on the thirtieth day	89282
of the following June, using the consumer price index for shelter	89283
costs for all urban consumers for the north central region, as	89284
published by the United States bureau of labor statistics.	89285

~~(F)(1) For facilities of eight or fewer beds that have dates~~	89286
~~of licensure or have been granted project authorization by the~~	89287
~~department of developmental disabilities before July 1, 1993, and~~	89288
~~for facilities of eight or fewer beds that have dates of licensure~~	89289
~~or have been granted project authorization after that date if the~~	89290
~~providers of the facilities demonstrate that they made substantial~~	89291
~~commitments of funds on or before that date, cost of ownership~~	89292
~~shall not exceed eighteen dollars and thirty cents per resident~~	89293
~~per day. The eighteen-dollar and thirty-cent amount shall be~~	89294
~~increased by the change in the "Dodge building cost indexes,~~	89295
~~northeastern and north central states," published by Marshall and~~	89296
~~Swift, during the period beginning June 30, 1990, and ending July~~	89297
~~1, 1993, and by the change in the consumer price index for shelter~~	89298
~~costs for all urban consumers for the north central region, as~~	89299
~~published by the United States bureau of labor statistics,~~	89300
~~annually thereafter.~~	89301

~~(2) For facilities with eight or fewer beds that have dates~~	89302
~~of licensure or have been granted project authorization by the~~	89303
~~department of developmental disabilities on or after July 1, 1993,~~	89304
~~for which substantial commitments of funds were not made before~~	89305
~~that date, cost of ownership payments shall not exceed the~~	89306
~~applicable amount calculated under division (F)(1) of this~~	89307
~~section, if the department of job and family services gives prior~~	89308
~~approval for construction of the facility. If the department does~~	89309
~~not give prior approval, cost of ownership payments shall not~~	89310
~~exceed the amount specified in division (C) of this section.~~	89311

~~(3)~~(G) Notwithstanding divisions (C) and (D) ~~and (F)(1) and~~	89312
~~(2)~~ of this section, the total payment rate for ~~cost~~costs of	89313
ownership, ~~cost of ownership efficiency incentive, and~~ capitalized	89314
costs of nonextensive renovations, and the efficiency incentive	89315
for an ~~intermediate care facility for the mentally retarded~~	89316
ICF/MR with eight or fewer beds shall not exceed the sum of the	89317
limitations specified in divisions (C) and (D) of this section.	89318

~~(G) Notwithstanding any provision of this section or section~~	89319
~~5111.241 of the Revised Code, the director of job and family~~	89320
~~services may adopt rules under section 5111.02 of the Revised Code~~	89321
~~that provide for a calculation of a combined maximum payment limit~~	89322
~~for indirect care costs and cost of ownership for intermediate~~	89323
~~care facilities for the mentally retarded with eight or fewer~~	89324
~~beds.~~	89325

(H) ~~The department of job and family services shall pay a~~	89326
~~provider for each of the provider's eligible proprietary~~	89327
~~intermediate care facilities for the mentally retarded a return on~~	89328
~~the facility's net equity computed at the rate of one and one-half~~	89329
~~times the average of interest rates on special issues of public~~	89330
~~debt obligations issued to the federal hospital insurance trust~~	89331
~~fund for the cost reporting period. No facility's return on net~~	89332
~~equity paid under this division shall exceed one dollar per~~	89333
~~patient day.~~	89334

~~In calculating the rate for return on net equity, the~~	89335
~~department shall use the greater of the facility's inpatient days~~	89336
~~during the applicable cost reporting period or the number of~~	89337
~~inpatient days the facility would have had during that period if~~	89338
~~its occupancy rate had been ninety-five per cent.~~(1) For the	89339
purpose of determining ICFs/MR's medicaid payment rates for	89340
capital costs:	89341

(a) Buildings shall be depreciated using the straight line	89342
method over forty years or over a different period approved by the	89343
department.	89344

(b) Components and equipment shall be depreciated using the	89345
straight line method over a period designated by the director of	89346
developmental disabilities in rules adopted under section 5124.03	89347
of the Revised Code, consistent with the guidelines of the	89348
American hospital association, or over a different period approved	89349
by the department.	89350

(2) Any rules authorized by division (H)(1) of this section	89351
that specify useful lives of buildings, components, or equipment	89352
apply only to assets acquired on or after July 1, 1993.	89353
Depreciation for costs paid or reimbursed by any government agency	89354
shall not be included in costs of ownership or costs of	89355
nonextensive renovations unless that part of the payment under	89356
this chapter is used to reimburse the government agency.	89357

(I)(1) Except as provided in division (I)(2) of this section,	89358
if a provider leases or transfers an interest in ~~a facility~~an	89359
ICF/MR to another provider who is a related party, the related	89360
party's allowable ~~cost~~costs of ownership shall include the lesser	89361
of the following:	89362

(a) The annual lease expense or actual cost of ownership,	89363
whichever is applicable;	89364

(b) The reasonable cost to the lessor or provider making the	89365
transfer.	89366

(2) If a provider leases or transfers an interest in a	89367
~~facility~~an ICF/MR to another provider who is a related party,	89368
regardless of the date of the lease or transfer, the related	89369
party's allowable cost of ownership shall include the annual lease	89370
expense or actual cost of ownership, whichever is applicable,	89371
subject to the limitations specified in divisions (B) to (H) of	89372
this section, if all of the following conditions are met:	89373

(a) The related party is a relative of owner;

89374

(b) In the case of a lease, if the lessor retains any	89375
ownership interest, it is, except as provided in division	89376
(I)(2)(d)(ii) of this section, in only the real property and any	89377
improvements on the real property;	89378

(c) In the case of a transfer, the provider making the	89379
transfer retains, except as provided in division (I)(2)(d)(iv) of	89380
this section, no ownership interest in the ~~facility~~ICF/MR;	89381

(d) The department ~~of job and family services~~ determines that	89382
the lease or transfer is an arm's length transaction pursuant to	89383
rules adopted under section ~~5111.02~~5124.03 of the Revised Code.	89384
The rules shall provide that a lease or transfer is an arm's	89385
length transaction if all of the following, as applicable, apply:	89386

(i) In the case of a lease, once the lease goes into effect,	89387
the lessor has no direct or indirect interest in the lessee or,	89388
except as provided in division (I)(2)(b) of this section, the	89389
~~facility~~ICF/MR itself, including interest as an owner, officer,	89390
director, employee, independent contractor, or consultant, but	89391
excluding interest as a lessor.	89392

(ii) In the case of a lease, the lessor does not reacquire an	89393
interest in the ~~facility~~ICF/MR except through the exercise of a	89394
lessor's rights in the event of a default. If the lessor	89395
reacquires an interest in the ~~facility~~ICF/MR in this manner, the	89396
department shall treat the ~~facility~~ICF/MR as if the lease never	89397
occurred when the department ~~calculates~~determines its	89398
~~reimbursement rates~~payment rate for capital costs.	89399

(iii) In the case of a transfer, once the transfer goes into	89400
effect, the provider that made the transfer has no direct or	89401
indirect interest in the provider that acquires the ~~facility~~	89402
ICF/MR or the ~~facility~~ICF/MR itself, including interest as an	89403
owner, officer, director, employee, independent contractor, or	89404
consultant, but excluding interest as a creditor.	89405

(iv) In the case of a transfer, the provider that made the	89406
transfer does not reacquire an interest in the ~~facility~~ICF/MR	89407
except through the exercise of a creditor's rights in the event of	89408
a default. If the provider reacquires an interest in the ~~facility~~	89409
ICF/MR in this manner, the department shall treat the ~~facility~~	89410
ICF/MR as if the transfer never occurred when the department	89411
~~calculates~~determines its ~~reimbursement rates~~payment rate for	89412
capital costs.	89413

(v) The lease or transfer satisfies any other criteria	89414
specified in the rules.	89415

(e) Except in the case of hardship caused by a catastrophic	89416
event, as determined by the department, or in the case of a lessor	89417
or provider making the transfer who is at least sixty-five years	89418
of age, not less than twenty years have elapsed since, for the	89419
same ~~facility~~ICF/MR, allowable cost of ownership was determined	89420
most recently under this division.	89421

~~Sec. 5111.23.~~ Sec. 5124.19. (A)(1) The department of ~~job and~~	89422
~~family services~~developmental disabilities shall ~~pay a provider~~	89423
~~for~~prospectively determine each ~~of the provider's eligible~~	89424
~~intermediate care facilities for the mentally retarded a~~ICF/MR's	89425
per ~~resident per~~medicaid day payment rate for direct care costs	89426
~~established prospectively for each facility. The department shall~~	89427
~~establish each facility's rate for direct care costs quarterly~~as	89428
follows:	89429

(a) Multiply the lesser of the following by the ICF/MR's	89430
case-mix score determined or assigned under section 5124.192 of	89431
the Revised Code for the calendar quarter that preceded the	89432
immediately preceding calendar quarter:	89433

(i) The ICF/MR's cost per case-mix unit for the calendar year	89434
immediately preceding the fiscal year in which the rate will be	89435
paid, as determined under division (B) of this section;	89436

(ii) The maximum cost per case-mix unit for the ICF/MR's peer	89437
group for the fiscal year in which the rate will be paid, as set	89438
under division (C) of this section;	89439

(b) Adjust the product determined under division (A)(1)(a) of	89440
this section by the inflation rate estimated under division (D)(1)	89441
of this section and modified under division (D)(2) of this	89442
section.	89443

(2) Except as otherwise directed by law enacted by the	89444
general assembly, the department shall prospectively determine	89445
each ICF/MR's rate for direct care costs for each quarter of every	89446
fiscal year.	89447

(B) ~~Each facility's rate for direct care costs shall be based~~	89448
~~on the facility's cost per case-mix unit, subject to the maximum~~	89449
~~costs per case-mix unit established under division (B)(2) of this~~	89450
~~section, from the calendar year preceding the fiscal year in which~~	89451
~~the rate is paid.~~ To determine ~~the rate, the department shall do~~	89452
~~all of the following:~~	89453

~~(1) Determine each facility's~~an ICF/MR's cost per case-mix	89454
unit for the calendar year immediately preceding the fiscal year	89455
in which the rate will be paid ~~by dividing~~, the ~~facility's~~	89456
department shall divide the ICF/MR's desk-reviewed, actual,	89457
allowable, per diem direct care costs for that calendar year by	89458
its annual average case-mix score determined under section	89459
~~5111.232~~5124.192 of the Revised Code for the same calendar year.	89460

~~(2)(a) Set~~(C)(1) For each fiscal year for which a rate will	89461
be paid, the department shall set the maximum cost per case-mix	89462
unit for each peer group of ~~intermediate care facilities for the~~	89463
~~mentally retarded~~ICFs/MR with more than eight beds ~~specified in~~	89464
~~rules adopted under division (F) of this section~~ at a percentage	89465
above the cost per case-mix unit ofdetermined under division (B)	89466
of this section for the ~~facility~~ICF/MR in the peer group that has	89467
the peer group's median number of medicaid ~~day~~days for the	89468
calendar year immediately preceding the fiscal year in which the	89469
rate will be paid~~, as calculated under division (B)(1) of this~~	89470
~~section, that is~~. The percentage shall be no less than the	89471
percentage ~~calculated under division (E)(2) of this section~~above	89472
the cost per case-mix unit determined under division (B) of this	89473
section for the ICF/MR that has the median number of medicaid days	89474
for calendar year 1992 for all ICFs/MR with more than eight beds	89475
that would result in payment of all desk-reviewed, actual,	89476
allowable direct care costs for eighty and one-half per cent of	89477
the medicaid days for such ICFs/MR for calendar year 1992.	89478

~~(b) Set~~(2) For each fiscal year for which a rate will be	89479
paid, the department shall set the maximum cost per case-mix unit	89480
for each peer group of ~~intermediate care facilities for the~~	89481
~~mentally retarded~~ICFs/MR with eight or fewer beds ~~specified in~~	89482
~~rules adopted under division (F) of this section~~ at a percentage	89483
above the cost per case-mix unit ofdetermined under division (B)	89484
of this section for the ~~facility~~ICF/MR in the peer group that has	89485
the peer group's median number of medicaid ~~day~~days for the	89486
calendar year immediately preceding the fiscal year in which the	89487
rate will be paid~~, as calculated under division (B)(1) of this~~	89488
~~section, that is~~. The percentage shall be no less than the	89489
percentage ~~calculated under division (E)(3) of this section~~above	89490
the cost per case-mix unit determined under division (B) of this	89491
section for the ICF/MR that has the median number of medicaid days	89492
for calendar year 1992 for all ICFs/MR with eight or fewer beds	89493
that would result in payment of all desk-reviewed, actual,	89494
allowable direct care costs for eighty and one-half per cent of	89495
the medicaid days for such ICFs/MR for calendar year 1992.	89496

~~(c)~~(3) In ~~calculating~~determining the maximum cost per	89497
case-mix unit under divisions ~~(B)(2)(a)~~(C)(1) and ~~(b)~~(2) of this	89498
section for each peer group, the department shall exclude from its	89499
~~calculations~~determinations the cost per case-mix unit of any	89500
~~facility~~ICF/MR in the peer group that participated in the	89501
medicaid program under the same ~~operator~~provider for less than	89502
twelve months during the calendar year immediately preceding the	89503
fiscal year in which the rate will be paid.	89504

~~(3) Estimate~~(4) The department shall not reset a peer	89505
group's maximum cost per case-mix unit for a fiscal year under	89506
division (C)(1) or (2) of this section based on additional	89507
information that it receives after it sets the maximum for that	89508
fiscal year. The department shall reset a peer group's maximum	89509
cost per case-mix unit for a fiscal year only if it made an error	89510
in setting the maximum for that fiscal year based on information	89511
available to the department at the time it originally sets the	89512
maximum for that fiscal year.	89513

(D)(1) The department shall estimate the rate of inflation	89514
for the eighteen-month period beginning on the first day of July	89515
of the calendar year preceding the fiscal year in which ~~the~~a rate	89516
will be paid and ending on the thirty-first day of December of the	89517
fiscal year in which the rate will be paid, using the ~~index~~	89518
~~specified in division (C) of this section. If the estimated~~	89519
~~inflation rate for the eighteen-month period is different from the~~	89520
~~actual inflation rate for that period, as measured using the same~~	89521
~~index, the difference shall be added to or subtracted from the~~	89522
~~inflation rate estimated under division (B)(3) of this section for~~	89523
~~the following fiscal year.~~	89524

~~(4) The department shall not recalculate a maximum cost per~~	89525
~~case-mix unit under division (B)(2) of this section or a~~	89526
~~percentage under division (E) of this section based on additional~~	89527
~~information that it receives after the maximum costs per case-mix~~	89528
~~unit or percentages are set. The department shall recalculate a~~	89529
~~maximum cost per case-mix units or percentage only if it made an~~	89530
~~error in computing the maximum cost per case-mix unit or~~	89531
~~percentage based on information available at the time of the~~	89532
~~original calculation.~~	89533

~~(C) The department shall use the~~ following ~~index for the~~	89534
~~purpose of division (B)(3) of this section~~:	89535

~~(1) The~~(a) Subject to division (D)(1)(b) of this section,	89536
the employment cost index for total compensation, health services	89537
component, published by the United States bureau of labor	89538
statistics;	89539

~~(2)~~(b) If the United States bureau of labor statistics ceases	89540
to publish the index specified in division ~~(C)~~(D)(1)(a) of this	89541
section, the index that is subsequently published by the bureau	89542
and covers ~~nursing facilities'~~the staff costs of ICFs/MR.	89543

~~(D) Each facility's rate for direct care costs shall be~~	89544
~~determined as follows for each calendar quarter within a fiscal~~	89545
~~year:~~	89546

~~(1) Multiply the lesser of the following by the facility's~~	89547
~~average case-mix score determined under section 5111.232 of the~~	89548
~~Revised Code for the calendar quarter that preceded the~~	89549
~~immediately preceding calendar quarter:~~	89550

~~(a) The facility's cost per case-mix unit for the calendar~~	89551
~~year preceding the fiscal year in which the rate will be paid, as~~	89552
~~determined under division (B)(1) of this section;~~	89553

~~(b) The maximum cost per case-mix unit established for the~~	89554
~~fiscal year in which the rate will be paid for the facility's peer~~	89555
~~group under division (B)(2) of this section;~~	89556

~~(2) Adjust the product determined under division (D)(1) of~~	89557
~~this section by the inflation rate estimated under division (B)(3)~~	89558
~~of this section.~~	89559

~~(E)(1) The department shall calculate the percentage above~~	89560
~~the median cost per case-mix unit determined under division (B)(1)~~	89561
~~of this section for the facility that has the median medicaid day~~	89562
~~for calendar year 1992 for all intermediate care facilities for~~	89563
~~the mentally retarded with more than eight beds that would result~~	89564
~~in payment of all desk-reviewed, actual, allowable direct care~~	89565
~~costs for eighty and one-half per cent of the medicaid days for~~	89566
~~such facilities for calendar year 1992.~~	89567

~~(2) The department shall calculate the percentage above the~~	89568
~~median cost per case-mix unit determined under division (B)(1) of~~	89569
~~this section for the facility that has the median medicaid day for~~	89570
~~calendar year 1992 for all intermediate care facilities for the~~	89571
~~mentally retarded with eight or fewer beds that would result in~~	89572
~~payment of all desk-reviewed, actual, allowable direct care costs~~	89573
~~for eighty and one-half per cent of the medicaid days for such~~	89574
~~facilities for calendar year 1992.~~	89575

~~(F)~~(2) If the estimated inflation rate for the eighteen-month	89576
period specified in division (D)(1) of this section is different	89577
from the actual inflation rate for that period, as measured using	89578
the same index, the difference shall be added to or subtracted	89579
from the inflation rate estimated under division (D)(1) of this	89580
section for the following fiscal year.	89581

(E) The director of ~~job and family services~~developmental	89582
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	89583
the Revised Code that specify peer groups of ~~intermediate care~~	89584
~~facilities for the mentally retarded~~ICFs/MR with more than eight	89585
beds and ~~intermediate care facilities for the mentally retarded~~	89586
peer groups of ICFs/MR with eight or fewer beds, based on findings	89587
of significant per diem direct care cost differences due to	89588
geography and ~~facility~~ bed-size. The rules also may specify peer	89589
groups based on findings of significant per diem direct care cost	89590
differences due to other factors which may include case-mix.	89591

~~(G) The department, in accordance with division (D) of~~	89592
~~section 5111.232 of the Revised Code and rules adopted under~~	89593
~~division (F) of that section, may assign case-mix scores or costs~~	89594
~~per case-mix unit if a provider fails to submit assessment data~~	89595
~~necessary to calculate an intermediate care facility for the~~	89596
~~mentally retarded's case-mix score in accordance with that~~	89597
~~section.~~	89598

Sec. 5124.191. Each calendar quarter, each ICF/MR provider	89599
shall compile complete assessment data for each resident of each	89600
of the provider's ICFs/MR, regardless of payment source, who is in	89601
the ICF/MR, or on hospital or therapeutic leave from the ICF/MR,	89602
on the last day of the quarter. A resident assessment instrument	89603
specified in rules adopted under section 5124.03 of the Revised	89604
Code shall be used to compile the resident assessment data. Each	89605
provider shall submit the resident assessment data to the	89606
department of developmental disabilities not later than fifteen	89607
days after the end of the calendar quarter for which the data is	89608
compiled. The resident assessment data shall be submitted to the	89609
department through the medium or media specified in rules adopted	89610
under section 5124.03 of the Revised Code.	89611

Sec. 5124.192. (A) Except as provided in division (B) of	89612
this section, the department of developmental disabilities shall	89613
do both of the following:	89614

(1) For each calendar quarter, determine a case-mix score for	89615
each ICF/MR using the resident assessment data submitted to the	89616
department under section 5124.191 of the Revised Code and the	89617
grouper methodology prescribed in rules authorized by this	89618
section;	89619

(2) After the end of each calendar year and in accordance	89620
with rules authorized by this section, determine an annual average	89621
case-mix score for each ICF/MR using the ICF/MR's quarterly	89622
case-mix scores for that calendar year.	89623

(B)(1) Subject to division (B)(2) of this section, the	89624
department, for one or more months of a calendar quarter, may	89625
assign to an ICF/MR a case-mix score that is five per cent less	89626
than the ICF/MR's case-mix score for the immediately preceding	89627
calendar quarter if any of the following apply:	89628

(a) The provider does not timely submit complete and accurate	89629
resident assessment data necessary to determine the ICF/MR's	89630
case-mix score for the calendar quarter;	89631

(b) The ICF/MR was subject to an exception review under	89632
section 5124.193 of the Revised Code for the immediately preceding	89633
calendar quarter;	89634

(c) The ICF/MR was assigned a case-mix score for the	89635
immediately preceding calendar quarter.	89636

(2) Before assigning a case-mix score to an ICF/MR due to the	89637
submission of incorrect resident assessment data, the department	89638
shall permit the provider to correct the data. The department may	89639
assign the case-mix score if the provider fails to submit the	89640
corrected resident assessment data not later than eighty days	89641
after the end of the calendar quarter to which the data pertains	89642
or later due date specified in rules authorized by this section.	89643

(3) If, for more than six months during a calendar year, a	89644
provider is paid a rate determined for an ICF/MR using a case-mix	89645
score assigned to the ICF/MR under division (B)(1) of this	89646
section, the department may assign the ICF/MR a cost per case-mix	89647
unit that is five per cent less than the ICF/MR's actual or	89648
assigned cost per case-mix unit for the immediately preceding	89649
calendar year. The department may use the assigned cost per	89650
case-mix unit, instead of determining the ICF/MR's actual cost per	89651
case-mix unit in accordance with section 5124.19 of the Revised	89652
Code, to establish the ICF/MR's rate for direct care costs for the	89653
fiscal year immediately following the calendar year for which the	89654
cost per case-mix unit is assigned.	89655

(4) The department shall take action under division (B)(1),	89656
(2), or (3) of this section only in accordance with rules	89657
authorized by this section. The department shall not take an	89658
action that affects medicaid payment rates for prior payment	89659
periods except in accordance with sections 5124.41 and 5124.42 of	89660
the Revised Code.	89661

(C) The director of developmental disabilities shall adopt	89662
rules under section 5124.03 of the Revised Code as necessary to	89663
implement this section.	89664

(1) The rules shall do all of the following:

89665

(a) Prescribe a grouper methodology to be used when	89666
determining the case-mix scores for ICFs/MR;	89667

(b) Specify the process for determining the annual average	89668
case-mix scores for ICFs/MR;	89669

(c) Establish procedures under which resident assessment data	89670
is to be reviewed for accuracy and providers are to be notified of	89671
any data that requires correction;	89672

(d) Establish procedures for providers to correct resident	89673
assessment data and, if necessary, specify a due date for	89674
corrections that is later than the due date specified in division	89675
(B)(2) of this section.	89676

(e) Specify when and how the department will assign a	89677
case-mix score or cost per case-mix unit to an ICF/MR under	89678
division (B) of this section if information necessary to calculate	89679
the ICF/MR's case-mix score is not provided or corrected in	89680
accordance with the procedures established by the rules.	89681

(2) Notwithstanding any other provision of this chapter, the	89682
rules may provide for excluding case-mix scores assigned to an	89683
ICF/MR under division (B) of this section from the determination	89684
of the ICF/MR's annual average case-mix score and the maximum cost	89685
per case-mix unit for the ICF/MR's peer group.	89686

Sec. 5124.193. (A) The department of developmental	89687
disabilities may, pursuant to rules authorized by this section,	89688
conduct an exception review of resident assessment data submitted	89689
by an ICF/MR provider under section 5124.191 of the Revised Code.	89690
The department may conduct an exception review based on the	89691
findings of a medicaid certification survey conducted by the	89692
department of health, a risk analysis, or prior performance of the	89693
provider.	89694

Exception reviews shall be conducted at the ICF/MR by	89695
appropriate health professionals under contract with or employed	89696
by the department. The professionals may review resident	89697
assessment forms and supporting documentation, conduct interviews,	89698
and observe residents to identify any patterns or trends of	89699
inaccurate resident assessments and resulting inaccurate case-mix	89700
scores.	89701

(B) If an exception review is conducted before the effective	89702
date of an ICF/MR's rate for direct care costs that is based on	89703
the resident assessment data being reviewed and the review results	89704
in findings that exceed tolerance levels specified in the rules	89705
authorized by this section, the department, in accordance with the	89706
rules authorized by this section, may use the findings to	89707
redetermine individual resident case-mix scores, the ICF/MR's	89708
case-mix score for the quarter, and the ICF/MR's annual average	89709
case-mix score. The department may use the ICF/MR's redetermined	89710
quarterly and annual average case-mix scores to determine the	89711
ICF/MR's rate for direct care costs for the appropriate calendar	89712
quarter or quarters.	89713

(C) The department shall prepare a written summary of any	89714
exception review finding that is made after the effective date of	89715
an ICF/MR's rate for direct care costs that is based on the	89716
resident assessment data that was reviewed. Where the provider is	89717
pursuing judicial or administrative remedies in good faith	89718
regarding the finding, the department shall not withhold from the	89719
provider's current payments any amounts the department claims to	89720
be due from the provider pursuant to section 5124.41 of the	89721
Revised Code.	89722

(D)(1) The director of developmental disabilities shall adopt	89723
rules under section 5124.03 of the Revised Code as necessary to	89724
implement this section. The rules shall establish an exception	89725
review program that does all of the following:	89726

(a) Requires each exception review to comply with Title XIX;

89727

(b) Requires a written summary for each exception review that	89728
states whether resident assessment forms have been completed	89729
accurately;	89730

(c) Prohibits each health professional who conducts an	89731
exception review from doing either of the following:	89732

(i) During the period of the professional's contract or	89733
employment with the department, having or being committed to	89734
acquire any direct or indirect financial interest in the	89735
ownership, financing, or operation of ICFs/MR in this state;	89736

(ii) Reviewing any provider that has been a client of the	89737
professional.	89738

(2) For the purposes of division (D)(1)(c)(i) of this	89739
section, employment of a member of a health professional's family	89740
by an ICF/MR that the professional does not review does not	89741
constitute a direct or indirect financial interest in the	89742
ownership, financing, or operation of the ICF/MR.	89743

~~Sec. 5111.233.~~ Sec. 5124.194. The costs of day programming shall	89744
be part of the direct care costs of an ~~intermediate care facility~~	89745
~~for the mentally retarded~~ICF/MR as off-site day programming if	89746
the area in which the day programming is provided is not certified	89747
by the director of health as an ~~intermediate care facility for the~~	89748
~~mentally retarded~~ICF/MR under Title XIX and regardless of either	89749
of the following:	89750

(A) Whether or not the area in which the day programming is	89751
provided is less than two hundred feet away from the ~~intermediate~~	89752
~~care facility for the mentally retarded~~ICF/MR;	89753

(B) Whether or not the day programming is provided by an	89754
individual who, or organization that, is a related party to the	89755
provider of the ~~intermediate care facility for the mentally~~	89756
~~retarded~~ICF/MR.	89757

~~Sec. 5111.241.~~ Sec. 5124.21. (A) ~~The~~For each fiscal year, the	89758
department of ~~job and family services~~developmental disabilities	89759
shall ~~pay a provider for~~prospectively determine each ~~of the~~	89760
~~provider's eligible intermediate care facilities for the mentally~~	89761
~~retarded a~~ICF/MR's per ~~resident per~~medicaid day payment rate	89762
for indirect care costs ~~established prospectively each fiscal year~~	89763
~~for each facility~~. ~~The~~Subject to section 5124.28 of the Revised	89764
Code, an ICF/MR's rate ~~for each intermediate care facility for the~~	89765
~~mentally retarded~~ shall be the ~~sum of the following, but shall not~~	89766
~~exceed~~lesser of the individual rate determined under division (B)	89767
of this section and the maximum rate ~~established~~determined for	89768
the ~~facility's~~ICF/MR's peer group under division ~~(B)~~(C) of this	89769
section.	89770

(B) An ICF/MR's individual rate is the sum of the following:

89771

(1) The ~~facility's~~ICF/MR's desk-reviewed, actual, allowable,	89772
per diem indirect care costs from the calendar year immediately	89773
preceding the fiscal year in which the rate will be paid, adjusted	89774
for the inflation rate estimated under division ~~(C)~~(D)(1) of this	89775
section;	89776

(2) An efficiency incentive in the following amount:

89777

(a) ~~For fiscal years ending in even-numbered calendar years:~~

89778

~~(i) In the case of intermediate care facilities for the~~	89779
~~mentally retarded with~~If the ICF/MR has more than eight beds,	89780
the following:	89781

(i) For fiscal year 2014, seven and one-tenth per cent of the	89782
maximum rate established for the ~~facility's~~ICF/MR's peer group	89783
under division ~~(B)~~(C) of this section;	89784

(ii) ~~In the case of intermediate care facilities for the~~	89785
~~mentally retarded with~~For fiscal years 2015 and 2016 and each	89786
fiscal year thereafter ending in an even-numbered calendar year,	89787
three and fifty-five hundredths per cent of the maximum rate	89788
established for the ICF/MR's peer group under division (C) of this	89789
section;	89790

(iii) For fiscal year 2017 and each fiscal year thereafter	89791
ending in an odd-numbered calendar year, the amount calculated for	89792
the immediately preceding fiscal year under division (B)(2)(a)(ii)	89793
of this section.	89794

(b) If the ICF/MR has eight or fewer beds, the following:

89795

(i) For each fiscal year ending in an even-numbered calendar	89796
year, seven per cent of the maximum rate established for the	89797
~~facility's~~ICF/MR's peer group under division ~~(B)~~(C) of this	89798
section;	89799

~~(b)~~(ii) For each fiscal ~~years~~year ending in an odd-numbered	89800
calendar ~~years~~year, the amount calculated for the immediately	89801
preceding fiscal year under division ~~(A)~~(B)(2)~~(a)~~(b)(i) of this	89802
section.	89803

~~(B)~~(C)(1) The maximum rate for indirect care costs for each	89804
peer group of ~~intermediate care facilities for the mentally~~	89805
~~retarded~~ICFs/MR with more than eight beds ~~specified in rules~~	89806
~~adopted under division (D) of this section~~ shall be determined as	89807
follows:	89808

(a) For each fiscal ~~years~~year ending in an even-numbered	89809
calendar ~~years~~year, the maximum rate for each such peer group	89810
shall be the rate that is no less than twelve and four-tenths per	89811
cent above the median desk-reviewed, actual, allowable, per diem	89812
indirect care cost for all ~~intermediate care facilities for the~~	89813
~~mentally retarded with more than eight beds~~ICFs/MR in the peer	89814
group,(excluding ~~facilities~~ICFs/MR in the peer group whose	89815
indirect care costs for that period are more than three standard	89816
deviations from the mean desk-reviewed, actual, allowable, per	89817
diem indirect care cost for all ~~intermediate care facilities for~~	89818
~~the mentally retarded~~ICFs/MR with more than eight beds,) for the	89819
calendar year immediately preceding the fiscal year in which the	89820
rate will be paid, adjusted by the inflation rate estimated under	89821
division ~~(C)~~(D)(1) of this section.	89822

(b) For each fiscal ~~years~~year ending in an odd-numbered	89823
calendar ~~years~~year, the maximum rate for each such peer group is	89824
the peer group's maximum rate for the previous fiscal year,	89825
adjusted for the inflation rate estimated under division ~~(C)~~(D)(2)	89826
of this section.	89827

(2) The maximum rate for indirect care costs for each peer	89828
group of ~~intermediate care facilities for the mentally retarded~~	89829
ICFs/MR with eight or fewer beds ~~specified in rules adopted under~~	89830
~~division (D) of this section~~ shall be determined as follows:	89831

(a) For each fiscal ~~years~~year ending in an even-numbered	89832
calendar ~~years~~year, the maximum rate for each such peer group	89833
shall be the rate that is no less than ten and three-tenths per	89834
cent above the median desk-reviewed, actual, allowable, per diem	89835
indirect care cost for all ~~intermediate care facilities for the~~	89836
~~mentally retarded with eight or fewer beds~~ICFs/MR in the peer	89837
group,(excluding ~~facilities~~ICFs/MR in the peer group whose	89838
indirect care costs are more than three standard deviations from	89839
the mean desk-reviewed, actual, allowable, per diem indirect care	89840
cost for all ~~intermediate care facilities for the mentally~~	89841
~~retarded~~ICFs/MR with eight or fewer beds,) for the calendar year	89842
immediately preceding the fiscal year in which the rate will be	89843
paid, adjusted by the inflation rate estimated under division	89844
~~(C)~~(D)(1) of this section.	89845

(b) For each fiscal ~~years that end~~year ending in an	89846
odd-numbered calendar ~~years~~year, the maximum rate for each such	89847
peer group is the peer group's maximum rate for the previous	89848
fiscal year, adjusted for the inflation rate estimated under	89849
division ~~(C)~~(D)(2) of this section.	89850

(3) The department shall not ~~recalculate~~redetermine a	89851
maximum rate for indirect care costs under division ~~(B)~~(C)(1) or	89852
(2) of this section based on additional information that it	89853
receives after the maximum rate is set. The department shall	89854
~~recalculate~~redetermine the maximum rate for indirect care costs	89855
only if it made an error in computing the maximum rate based on	89856
the information available to the department at the time of the	89857
original calculation.	89858

~~(C)~~(D)(1) When adjusting rates for inflation under divisions	89859
~~(A)~~(B)(1), ~~(B)~~(C)(1)(a), and ~~(B)~~(C)(2)(a) of this section, the	89860
department shall estimate the rate of inflation for the	89861
eighteen-month period beginning on the first day of July of the	89862
calendar year immediately preceding the fiscal year in which the	89863
rate will be paid and ending on the thirty-first day of December	89864
of the fiscal year in which the rate will be paid. To estimate the	89865
rate of inflation, the department shall use the following:	89866

(a) ~~The~~Subject to division (D)(1)(b) of this section, the	89867
consumer price index for all items for all urban consumers for the	89868
north central region, published by the United States bureau of	89869
labor statistics;	89870

(b) If the United States bureau of labor statistics ceases to	89871
publish the index specified in division ~~(C)~~(D)(1)(a) of this	89872
section, a comparable index that the bureau publishes and the	89873
department determines is appropriate.	89874

(2) When adjusting rates for inflation under divisions	89875
~~(B)~~(C)(1)(b) and ~~(B)~~(C)(2)(b) of this section, the department	89876
shall estimate the rate of inflation for the twelve-month period	89877
beginning on the first day of January of the fiscal year	89878
immediately preceding the fiscal year in which the rate will be	89879
paid and ending on the thirty-first day of December of the fiscal	89880
year in which the rate will be paid. To estimate the rate of	89881
inflation, the department shall use the following:	89882

(a) ~~The~~Subject to division (D)(2)(b) of this section, the	89883
consumer price index for all items for all urban consumers for the	89884
north central region, published by the United States bureau of	89885
labor statistics;	89886

(b) If the United States bureau of labor statistics ceases to	89887
publish the index specified in division ~~(C)~~(D)(2)(a) of this	89888
section, a comparable index that the bureau publishes and the	89889
department determines is appropriate.	89890

(3) If an inflation rate estimated under division ~~(C)~~(D)(1)	89891
or (2) of this section is different from the actual inflation rate	89892
for the relevant time period, as measured using the same index,	89893
the difference shall be added to or subtracted from the inflation	89894
rate estimated pursuant to this division for the following fiscal	89895
year.	89896

~~(D)~~(E) The director of ~~job and family services~~developmental	89897
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	89898
the Revised Code that specify peer groups of ~~intermediate care~~	89899
~~facilities for the mentally retarded~~ICFs/MR with more than eight	89900
beds, and peer groups of ~~intermediate care facilities for the~~	89901
~~mentally retarded~~ICFs/MR with eight or fewer beds, based on	89902
findings of significant per diem indirect care cost differences	89903
due to geography and ~~facility~~ bed-size. The rules also may specify	89904
peer groups based on findings of significant per diem indirect	89905
care cost differences due to other factors, including case-mix.	89906

~~Sec. 5111.235.~~ Sec. 5124.23. (A) ~~The~~For each fiscal year, the	89907
department of ~~job and family services~~developmental disabilities	89908
shall ~~pay a provider for~~prospectively determine each ~~of the~~	89909
~~provider's eligible intermediate care facilities for the mentally~~	89910
~~retarded a~~ICF/MR's per ~~resident per~~medicaid day payment rate	89911
for other protected costs ~~established prospectively each fiscal~~	89912
~~year for each facility~~. ~~The~~An ICF/MR's rate ~~for each facility~~	89913
shall be the ~~facility's~~ICF/MR's desk-reviewed, actual, allowable,	89914
per diem other protected costs from the calendar year immediately	89915
preceding the fiscal year in which the rate will be paid, all	89916
adjusted for the estimated inflation rate for the eighteen-month	89917
period beginning on the first day of July of the calendar year	89918
immediately preceding the fiscal year in which the rate will be	89919
paid and ending on the thirty-first day of December of that fiscal	89920
year. The department shall estimate inflation using the index	89921
specified in division (B) of this section. If the estimated	89922
inflation rate for the eighteen-month period is different from the	89923
actual inflation rate for that period, the difference shall be	89924
added to or subtracted from the inflation rate estimated for the	89925
following year.	89926

(B) The department shall use the following index for the	89927
purpose of division (A) of this section:	89928

(1) ~~The~~Subject to division (B)(2) of this section, the	89929
consumer price index for all urban consumers for nonprescription	89930
drugs and medical supplies, as published by the United States	89931
bureau of labor statistics;	89932

(2) If the United States bureau of labor statistics ceases to	89933
publish the index specified in division (B)(1) of this section,	89934
the index that is subsequently published by the bureau and covers	89935
nonprescription drugs and medical supplies.	89936

Sec. 5124.25. (A) Subject to division (D) of this section,	89937
the department of developmental disabilities may pay a medicaid	89938
rate add-on to an ICF/MR provider for outlier ICF/MR services the	89939
ICF/MR provides to qualifying ventilator-dependent residents on or	89940
after July 1, 2014, if the provider applies to the department of	89941
developmental disabilities to receive the rate add-on and the	89942
department approves the application. The department of	89943
developmental disabilities may approve a provider's application if	89944
all of the following apply:	89945

(1) The provider submits to the department of developmental	89946
disabilities a best practices protocol for providing outlier	89947
ICF/MR services under this section and the department of	89948
developmental disabilities determines that the protocol is	89949
acceptable;	89950

(2) The provider executes with the department of medicaid an	89951
addendum to its provider agreement for the ICF/MR regarding the	89952
outlier ICF/MR services;	89953

(3) The provider and ICF/MR meet all other eligibility	89954
requirements for the rate add-on established in rules authorized	89955
by this section.	89956

(B) An ICF/MR that has been approved by the department of	89957
developmental disabilities to provider outlier ICF/MR services	89958
under this section shall provide the services in accordance with	89959
both of the following:	89960

(1) The best practices protocol the department of	89961
developmental disabilities determined is acceptable;	89962

(2) Requirements regarding the services established in rules	89963
authorized by this section.	89964

(C) To qualify to receive outlier ICF/MR services from an	89965
ICF/MR under this section, a resident of the ICF/MR must be a	89966
medicaid recipient, be under twenty-two years of age, be dependent	89967
on a ventilator, and meet all other eligibility requirements	89968
established in rules authorized by this section.	89969

(D) The department of developmental disabilities shall	89970
negotiate the amount of the medicaid payment rate add-on, if any,	89971
to be paid under this section, or the method by which that amount	89972
is to be determined, with the department of medicaid. The	89973
department of developmental disabilities shall not pay the rate	89974
add-on unless the department has approved the amount of the rate	89975
add-on or method by which the amount is to be determined.	89976

Sec. 5124.28. Notwithstanding any provision of section	89977
5124.17 or 5124.21 of the Revised Code, the director of	89978
developmental disabilities may adopt rules under section 5124.03	89979
of the Revised Code that provide for the determination of a	89980
combined maximum payment limit for indirect care costs and costs	89981
of ownership for ICFs/MR with eight or fewer beds.	89982

~~Sec. 5111.263.~~ Sec. 5124.29. Except as otherwise provided in	89983
section ~~5111.264~~5124.30 of the Revised Code, the department of	89984
~~job and family services~~developmental disabilities, in determining	89985
whether an ~~intermediate care facility for the mentally retarded's~~	89986
ICF/MR's direct care costs and indirect care costs are allowable,	89987
shall place no limit on specific categories of reasonable costs	89988
other than compensation of owners, compensation of relatives of	89989
owners, and compensation of administrators.	89990

Compensation cost limits for owners and relatives of owners	89991
shall be based on compensation costs for individuals who hold	89992
comparable positions but who are not owners or relatives of	89993
owners, as reported on ~~facility~~ICFs/MR's cost reports. As used in	89994
this section, "comparable position" means the position that is	89995
held by the owner or the owner's relative, if that position is	89996
listed separately on the cost report form, or if the position is	89997
not listed separately, the group of positions that is listed on	89998
the cost report form and that includes the position held by the	89999
owner or the owner's relative. In the case of an owner or owner's	90000
relative who serves the ~~facility~~ICFs/MR in a capacity such as	90001
corporate officer, proprietor, or partner for which no comparable	90002
position or group of positions is listed on the cost report form,	90003
the compensation cost limit shall be based on civil service	90004
equivalents and shall be specified in rules adopted under section	90005
~~5111.02~~5124.03 of the Revised Code.	90006

Compensation cost limits for administrators shall be based on	90007
compensation costs for administrators who are not owners or	90008
relatives of owners, as reported on ~~facility~~ICFs/MR's cost	90009
reports. Compensation cost limits for administrators of four or	90010
more ~~intermediate care facilities for the mentally retarded~~	90011
ICFs/MR shall be the same as the limits for administrators of	90012
~~intermediate care facilities for the mentally retarded~~ICFs/MR	90013
with one hundred fifty or more beds.	90014

Sec. 5124.30. Except as provided in section 5124.17 of the	90015
Revised Code, the costs of goods, services, and facilities,	90016
furnished to an ICF/MR provider by a related party are includable	90017
in the allowable costs of the provider at the reasonable cost to	90018
the related party.	90019

Sec. 5124.31. The department of developmental disabilities	90020
shall adjust medicaid payment rates determined under this chapter	90021
to account for reasonable additional costs that must be incurred	90022
by ICFs/MR to comply with requirements of federal or state	90023
statutes, rules, or policies enacted or amended after January 1,	90024
1992, or with orders issued by state or local fire authorities.	90025

Sec. 5124.32. The department of developmental disabilities	90026
shall not reduce an ICF/MR's medicaid payment rate determined	90027
under this chapter on the basis that the provider charges a lower	90028
rate to any resident who is not eligible for medicaid.	90029

Sec. 5124.33. No medicaid payment shall be made to an ICF/MR	90030
provider for the day a medicaid recipient is discharged from the	90031
ICF/MR.	90032

~~Sec. 5111.33.~~ Sec. 5124.34. ~~Reimbursement to a~~(A) The department	90033
of developmental disabilities shall pay an ICF/MR provider ~~of an~~	90034
~~intermediate care facility for the mentally retarded under~~	90035
~~sections 5111.20 to 5111.331 of the Revised Code shall include~~	90036
~~payments to the provider, at a rate equal to the percentage~~one	90037
hundred per cent of the ~~per resident~~total per medicaid day ~~rates~~	90038
~~that the department of job and family services has established~~	90039
payment rate determined for the ~~provider's facility~~ICF/MR under	90040
~~sections 5111.20 to 5111.331 of the Revised Code for the fiscal~~	90041
~~year for which the cost of services is reimbursed,~~this chapter to	90042
reserve a bed for a resident who is a medicaid recipient ~~during a~~	90043
~~temporary absence under conditions prescribed by the department,~~	90044
~~to include hospitalization for an acute condition, visits with~~	90045
~~relatives and friends, and participation in therapeutic programs~~	90046
~~outside the facility, when the~~if all of the following apply:	90047

(1) The recipient is temporarily absent from the ICF/MR for a	90048
reason that makes the absence qualified for payments under this	90049
section as specified in rules authorized by this section;	90050

(2) The resident's plan of care provides for ~~such~~the absence	90051
~~and federal~~;	90052

(3) Federal financial participation ~~in the payments~~ is	90053
available for the payments. ~~The~~	90054

(B) The maximum period during which medicaid payments may be	90055
made to reserve a bed shall not exceed the maximum period	90056
specified ~~under~~in federal regulations, and shall not be more	90057
than thirty days during any calendar year for hospital stays,	90058
visits with relatives and friends, and participation in	90059
therapeutic ~~programs.~~	90060

~~Recipients~~programs. However, a resident shall not be subject	90061
to a maximum period during which payments may be made to reserve a	90062
bed ~~in an intermediate care facility for the mentally retarded~~ if	90063
prior authorization of the department is obtained for hospital	90064
stays, visits with relatives and friends, and participation in	90065
therapeutic programs. ~~The~~	90066

(C)(1) The director of ~~job and family services~~developmental	90067
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	90068
the Revised Code ~~establishing~~as necessary to implement this	90069
section, including rules that do the following:	90070

(a) Specify the reasons for which a temporary absence from an	90071
ICF/MR makes the absence qualify for payments under this section;	90072

(b) Establish conditions under which prior authorization may	90073
be obtained for the purpose of division (B) of this section.	90074

(2) The rules authorized by division (C)(1)(a) of this	90075
section shall include the following as reasons for which a	90076
temporary absence from an ICF/MR qualifies for payments under this	90077
section:	90078

(a) Hospitalization for acute conditions;

90079

(b) Visits with relatives and friends;

90080

90081

Sec. 5124.35. Medicaid payments may be made for ICF/MR	90082
services provided not later than thirty days after the effective	90083
date of an involuntary termination of the ICF/MR that provides the	90084
services if the services are provided to a medicaid recipient who	90085
is eligible for the services and resided in the ICF/MR before the	90086
effective date of the involuntary termination.	90087

Sec. 5124.37. The department of developmental disabilities	90088
shall make its best efforts each year to determine ICFs/MR's	90089
medicaid payment rates under this chapter in time to pay the rates	90090
by August fifteenth of each fiscal year. If the department is	90091
unable to calculate the rates so that they can be paid by that	90092
date, the department shall pay each provider the rate calculated	90093
for the provider's ICFs/MR under those sections at the end of the	90094
previous fiscal year. If the department also is unable to	90095
calculate the rates to make the payments due by the fifteenth day	90096
of September and the fifteenth day of October, the department	90097
shall pay the previous fiscal year's rate to make those payments.	90098
The department may increase by five per cent the previous fiscal	90099
year's rate paid for any ICF/MR pursuant to this section at the	90100
request of the provider. The department shall use rates calculated	90101
for the current fiscal year to make the payments due by the	90102
fifteenth day of November.	90103

If an ICF/MR's medicaid payment rate paid under this section	90104
is lower than the rate calculated for it for the current fiscal	90105
year, the department shall pay the provider the difference between	90106
the two rates for the number of days for which the provider is	90107
paid the lower rate. If an ICF/MR's medicaid payment rate paid	90108
under this section is higher than the rate calculated for it for	90109
the current fiscal year, the provider shall refund to the	90110
department the difference between the two rates for the number of	90111
days for which the provider is paid the higher rate.	90112

Sec. 5124.38. (A) The director of developmental disabilities	90113
shall establish a process under which an ICF/MR provider, or a	90114
group or association of ICF/MR providers, may seek reconsideration	90115
of medicaid payment rates established under this chapter,	90116
including a rate for direct care costs redetermined before the	90117
effective date of the rate as a result of an exception review	90118
conducted under section 5124.193 of the Revised Code. Except as	90119
provided in divisions (B) to (D) of this section, the only issue	90120
that a provider, group, or association may raise in the rate	90121
reconsideration is whether the rate was calculated in accordance	90122
with this chapter and the rules adopted under section 5124.03 of	90123
the Revised Code. The provider, group, or association may submit	90124
written arguments or other materials that support its position.	90125
The provider, group, or association and department shall take	90126
actions regarding the rate reconsideration within time frames	90127
specified in rules authorized by this section.	90128

If the department determines, as a result of the rate	90129
reconsideration, that the rate established for one or more ICFs/MR	90130
is less than the rate to which the ICF/MR is entitled, the	90131
department shall increase the rate. If the department has paid the	90132
incorrect rate for a period of time, the department shall pay the	90133
provider of the ICF/MR the difference between the amount the	90134
provider was paid for that period for the ICF/MR and the amount	90135
the provider should have been paid for the ICF/MR.	90136

(B)(1) The department, through the rate reconsideration	90137
process, may increase during a fiscal year the medicaid payment	90138
rate determined for an ICF/MR under this chapter if the provider	90139
demonstrates that the ICF/MR's actual, allowable costs have	90140
increased because of any of the following extreme circumstances:	90141

(a) A natural disaster;

90142

(b) A nonextensive renovation approved under division (D) of	90143
section 5124.17 of the Revised Code;	90144

(c) If the ICF/MR has an appropriate claims management	90145
program, an increase in the ICF/MR's workers' compensation	90146
experience rating of greater than five per cent;	90147

(d) If the ICF/MR is an inner-city ICF/MR, increased security	90148
costs;	90149

(e) A change of ownership that results from bankruptcy,	90150
foreclosure, or findings by the department of health of violations	90151
of medicaid certification requirements;	90152

(f) Other extreme circumstances specified in rules authorized	90153
by this section.	90154

(2) An ICF/MR may qualify for a rate increase under this	90155
division only if its per diem, actual, allowable costs have	90156
increased to a level that exceeds its total rate. An increase	90157
under this division is subject to any rate limitations or maximum	90158
rates established by this chapter for specific cost centers. Any	90159
rate increase granted under this division shall take effect on the	90160
first day of the first month after the department receives the	90161
request.	90162

(C) The department, through the rate reconsideration process,	90163
may increase an ICF/MR's rate as determined under this chapter if	90164
the department, in the department's sole discretion, determines	90165
that the rate as determined under those sections works an extreme	90166
hardship on the ICF/MR.	90167

(D) When beds certified for the medicaid program are added to	90168
an existing ICF/MR or replaced at the same site, the department,	90169
through the rate reconsideration process, shall increase the	90170
ICF/MR's rate for capital costs proportionately, as limited by any	90171
applicable limitation under section 5124.17 of the Revised Code,	90172
to account for the costs of the beds that are added or replaced.	90173
The department shall make this increase one month after the first	90174
day of the month after the department receives sufficient	90175
documentation of the costs. Any rate increase granted under this	90176
division after June 30, 1993, shall remain in effect until the	90177
effective date of a rate for capital costs determined under	90178
section 5124.17 of the Revised Code that includes costs incurred	90179
for a full calendar year for the bed addition or bed replacement.	90180
The ICF/MR shall report double accumulated depreciation in an	90181
amount equal to the depreciation included in the rate adjustment	90182
on its cost report for the first year of operation. During the	90183
term of any loan used to finance a project for which a rate	90184
adjustment is granted under this division, if the ICF/MR is	90185
operated by the same provider, the provider shall subtract from	90186
the interest costs it reports on its cost report an amount equal	90187
to the difference between the following:	90188

(1) The actual, allowable interest costs for the loan during	90189
the calendar year for which the costs are being reported;	90190

(2) The actual, allowable interest costs attributable to the	90191
loan that were used to calculate the rates paid to the provider	90192
for the ICF/MR during the same calendar year.	90193

(E) The department's decision at the conclusion of the	90194
reconsideration process is not subject to any administrative	90195
proceedings under Chapter 119. or any other provision of the	90196
Revised Code.	90197

(F) The director of developmental disabilities shall adopt	90198
rules under section 5124.03 of the Revised Code as necessary to	90199
implement this section.	90200

Sec. 5124.40. If an ICF/MR provider properly amends a cost	90201
report for an ICF/MR under section 5124.107 of the Revised Code	90202
and the amended report shows that the provider received a lower	90203
medicaid payment rate under the original cost report than the	90204
provider was entitled to receive, the department of developmental	90205
disabilities shall adjust the provider's rate for the ICF/MR	90206
prospectively to reflect the corrected information. The department	90207
shall pay the adjusted rate beginning two months after the first	90208
day of the month after the provider files the amended cost report.	90209

If the department finds, from an exception review of resident	90210
assessment data conducted pursuant to section 5124.193 of the	90211
Revised Code after the effective date of an ICF/MR's rate for	90212
direct care costs that is based on the resident assessment data,	90213
that inaccurate resident assessment data resulted in the provider	90214
receiving a lower rate for the ICF/MR than the provider was	90215
entitled to receive, the department prospectively shall adjust the	90216
provider's rate for the ICF/MR accordingly. The department shall	90217
make payments to the provider using the adjusted rate for the	90218
remainder of the calendar quarter for which the resident	90219
assessment data is used to determine the rate, beginning one month	90220
after the first day of the month after the exception review is	90221
completed.	90222

Sec. 5124.41. (A) The department of developmental	90223
disabilities shall redetermine a provider's medicaid payment rate	90224
for an ICF/MR using revised information if any of the following	90225
results in a determination that the provider received a higher	90226
medicaid payment rate for the ICF/MR than the provider was	90227
entitled to receive:	90228

(1) The provider properly amends a cost report for the ICF/MR	90229
under section 5124.107 of the Revised Code;	90230

(2) The department makes a finding based on an audit under	90231
section 5124.109 of the Revised Code;	90232

(3) The department makes a finding based on an exception	90233
review of resident assessment data conducted under section	90234
5124.193 of the Revised Code after the effective date of the	90235
ICF/MR's rate for direct care costs that is based on the resident	90236
assessment data.	90237

(B) The department shall apply the redetermined rate to the	90238
periods when the provider received the incorrect rate to determine	90239
the amount of the overpayment. The provider shall refund the	90240
amount of the overpayment. The department may charge the provider	90241
the following amount of interest from the time the overpayment was	90242
made:	90243

(1) If the overpayment resulted from costs reported for	90244
calendar year 1993, the interest shall be not greater than one and	90245
one-half times the current average bank prime rate.	90246

(2) If the overpayment resulted from costs reported for a	90247
subsequent calendar year:	90248

(a) The interest shall be not greater than two times the	90249
current average bank prime rate if the overpayment was not more	90250
than one per cent of the total medicaid payments to the provider	90251
for the fiscal year for which the incorrect information was used	90252
to determine a rate.	90253

(b) The interest shall be not greater than two and one-half	90254
times the current average bank prime rate if the overpayment was	90255
more than one per cent of the total medicaid payments to the	90256
provider for the fiscal year for which the incorrect information	90257
was used to determine a rate.	90258

Sec. 5124.42. In addition to the other penalties authorized	90259
by this chapter, the department of developmental disabilities may	90260
impose the following penalties on an ICF/MR provider:	90261

(A) If the provider does not furnish invoices or other	90262
documentation that the department requests during an audit within	90263
sixty days after the request, a fine of not more than the greater	90264
of the following:	90265

(1) One thousand dollars per audit;

90266

(2) Twenty-five per cent of the cumulative amount by which	90267
the costs for which documentation was not furnished increased the	90268
total medicaid payments to the provider during the fiscal year for	90269
which the costs were used to determine a rate.	90270

(B) If an exiting operator or owner fails to provide notice	90271
of a facility closure or voluntary termination as required by	90272
section 5124.50 of the Revised Code, or an exiting operator or	90273
owner and entering operator fail to provide notice of a change of	90274
operator as required by section 5124.51 of the Revised Code, a	90275
fine of not more than the current average bank prime rate plus	90276
four per cent of the last two monthly payments.	90277

Sec. 5124.43. For the purposes of sections 5124.41 and	90278
5124.42 of the Revised Code, the department of developmental	90279
disabilities shall determine the current average bank prime rate	90280
using statistical release H.15, "selected interest rates," a	90281
weekly publication of the federal reserve board, or any successor	90282
publication. If statistical release H.15, or its successor, ceases	90283
to contain the bank prime rate information or ceases to be	90284
published, the department shall request a written statement of the	90285
average bank prime rate from the federal reserve bank of Cleveland	90286
or the federal reserve board.	90287

Sec. 5124.44. (A) Except as provided in division (B) of this	90288
section, the department of developmental disabilities shall deduct	90289
the following from the next available medicaid payment the	90290
department makes to an ICF/MR provider who continues to	90291
participate in medicaid:	90292

(1) Any amount the provider is required to refund, and any	90293
interest charged, under section 5124.41 of the Revised Code;	90294

(2) The amount of any penalty imposed on the provider under	90295
section 5124.42 of the Revised Code.	90296

(B) The department and an ICF/MR provider may enter into an	90297
agreement under which a deduction required by division (A) of this	90298
section is taken in installments from payments the department	90299
makes to the provider.	90300

Sec. 5124.45. The department of developmental disabilities	90301
shall transmit to the treasurer of state for deposit in the	90302
general revenue fund amounts collected from the following:	90303

(A) Refunds required by, and interest charged under, section	90304
5124.41 of the Revised Code;	90305

(B) Amounts collected from penalties imposed under section	90306
5124.42 of the Revised Code.	90307

Sec. 5124.46. All of the following are subject to an	90308
adjudication conducted in accordance with Chapter 119. of the	90309
Revised Code:	90310

(A) Any audit disallowance that the department of	90311
developmental disabilities makes as the result of an audit under	90312
section 5124.109 of the Revised Code;	90313

(B) Any adverse finding that results from an exception review	90314
of resident assessment data conducted for an ICF/MR under section	90315
5124.193 of the Revised Code after the effective date of the	90316
ICF/MR's medicaid payment rate for direct care costs that is based	90317
on the resident assessment data;	90318

(C) Any medicaid payment deemed an overpayment under section	90319
5124.523 of the Revised Code;	90320

(D) Any penalty the department imposes under section 5124.42	90321
of the Revised Code or section 5124.523 of the Revised Code.	90322

Sec. 5124.50. An exiting operator or owner of an ICF/MR	90323
participating in the medicaid program shall provide the department	90324
of developmental disabilities and department of medicaid written	90325
notice of a facility closure or voluntary termination not less	90326
than ninety days before the effective date of the facility closure	90327
or voluntary termination. The written notice shall be provided to	90328
the department of developmental disabilities and department of	90329
medicaid in accordance with the method specified in rules	90330
authorized by section 5124.53 of the Revised Code.	90331

The written notice shall include all of the following:

90332

(A) The name of the exiting operator and, if any, the exiting	90333
operator's authorized agent;	90334

(B) The name of the ICF/MR that is the subject of the written	90335
notice;	90336

(C) The exiting operator's medicaid provider agreement number	90337
for the ICF/MR that is the subject of the written notice;	90338

(D) The effective date of the facility closure or voluntary	90339
termination;	90340

(E) The signature of the exiting operator's or owner's	90341
representative.	90342

Sec. 5124.51. (A) An exiting operator or owner and entering	90343
operator shall provide the department of developmental	90344
disabilities and department of medicaid written notice of a change	90345
of operator if the ICF/MR participates in the medicaid program and	90346
the entering operator seeks to continue the ICF/MR's	90347
participation. The written notice shall be provided to the	90348
department of developmental disabilities and department of	90349
medicaid in accordance with the method specified in rules	90350
authorized by section 5124.53 of the Revised Code. The written	90351
notice shall be provided to the department of developmental	90352
disabilities and department of medicaid not later than forty-five	90353
days before the effective date of the change of operator if the	90354
change of operator does not entail the relocation of residents.	90355
The written notice shall be provided to the department of	90356
developmental disabilities and department of medicaid not later	90357
than ninety days before the effective date of the change of	90358
operator if the change of operator entails the relocation of	90359
residents.	90360

The written notice shall include all of the following:

90361

(1) The name of the exiting operator and, if any, the exiting	90362
operator's authorized agent;	90363

(2) The name of the ICF/MR that is the subject of the change	90364
of operator;	90365

(3) The exiting operator's seven-digit medicaid legacy number	90366
and ten-digit national provider identifier number for the ICF/MR	90367
that is the subject of the change of operator;	90368

(4) The name of the entering operator;

90369

(5) The effective date of the change of operator;

90370

(6) The manner in which the entering operator becomes the	90371
ICF/MR's operator, including through sale, lease, merger, or other	90372
action;	90373

(7) If the manner in which the entering operator becomes the	90374
ICF/MR's operator involves more than one step, a description of	90375
each step;	90376

(8) Written authorization from the exiting operator or owner	90377
and entering operator for the department of medicaid to process a	90378
provider agreement for the entering operator;	90379

(9) The names and addresses of the persons to whom the	90380
department of developmental disabilities and department of	90381
medicaid should send initial correspondence regarding the change	90382
of operator;	90383

(10) The signature of the exiting operator's or owner's	90384
representative.	90385

(B) An exiting operator or owner and entering operator	90386
immediately shall provide the department of developmental	90387
disabilities and department of medicaid notice of any changes to	90388
information included in a written notice of a change of operator	90389
that occur after that notice is provided to the department of	90390
developmental disabilities and department of medicaid. The notice	90391
of the changes shall be provided to the department of	90392
developmental disabilities and department of medicaid in	90393
accordance with the method specified in rules authorized by	90394
section 5124.53 of the Revised Code.	90395

Sec. 5124.511. The department of medicaid may enter into a	90396
provider agreement with an entering operator that goes into effect	90397
at 12:01 a.m. on the effective date of the change of operator if	90398
all of the following requirements are met:	90399

(A) The department receives a properly completed written	90400
notice required by section 5124.51 of the Revised Code on or	90401
before the date required by that section.	90402

(B) The department receives both of the following in	90403
accordance with the method specified in rules authorized by	90404
section 5124.53 of the Revised Code and not later than ten days	90405
after the effective date of the change of operator:	90406

(1) From the entering operator, a completed application for a	90407
provider agreement and all other forms and documents specified in	90408
rules authorized by section 5124.53 of the Revised Code;	90409

(2) From the exiting operator or owner, all forms and	90410
documents specified in rules authorized by section 5124.53 of the	90411
Revised Code.	90412

(C) The entering operator is eligible to enter into a	90413
provider agreement for the ICF/MR as provided in section 5124.06	90414
of the Revised Code.	90415

Sec. 5124.512. (A) The department of medicaid may enter into	90416
a provider agreement with an entering operator that goes into	90417
effect at 12:01 a.m. on the date determined under division (B) of	90418
this section if all of the following are the case:	90419

(1) The department receives a properly completed written	90420
notice required by section 5124.51 of the Revised Code.	90421

(2) The department receives, from the entering operator and	90422
in accordance with the method specified in rules authorized by	90423
section 5124.53 of the Revised Code, a completed application for a	90424
provider agreement and all other forms and documents specified in	90425
rules adopted under that section.	90426

(3) The department receives, from the exiting operator or	90427
owner and in accordance with the method specified in rules	90428
authorized by section 5124.53 of the Revised Code, all forms and	90429
documents specified in rules adopted under that section.	90430

(4) One or more of the following apply:

90431

(a) The requirement of division (A)(1) of this section is met	90432
after the time required by section 5124.51 of the Revised Code;	90433

(b) The requirement of division (A)(2) of this section is met	90434
more than ten days after the effective date of the change of	90435
operator;	90436

(c) The requirement of division (A)(3) of this section is met	90437
more than ten days after the effective date of the change of	90438
operator.	90439

(5) The entering operator is eligible to enter into a	90440
provider agreement for the ICF/MR as provided in section 5124.06	90441
of the Revised Code.	90442

(B) The department shall determine the date a provider	90443
agreement entered into under this section is to go into effect as	90444
follows:	90445

(1) The effective date shall give the department sufficient	90446
time to process the change of operator and give the department	90447
sufficient time to assure no duplicate payments are made and make	90448
the withholding required by section 5124.521 of the Revised Code.	90449

(2) The effective date shall be not earlier than the latest	90450
of the following:	90451

(a) The effective date of the change of operator;

90452

(b) The date that the entering operator complies with section	90453
5124.51 of the Revised Code and division (A)(2) of this section;	90454

(c) The date that the exiting operator or owner complies with	90455
section 5124.51 of the Revised Code and division (A)(3) of this	90456
section.	90457

(3) The effective date shall be not later than the following	90458
after the later of the dates specified in division (B)(2) of this	90459
section:	90460

(a) Forty-five days if the change of operator does not entail	90461
the relocation of residents;	90462

(b) Ninety days if the change of operator entails the	90463
relocation of residents.	90464

Sec. 5124.513. A provider that enters into a provider	90465
agreement with the department of medicaid under section 5124.511	90466
or 5124.512 of the Revised Code shall do all of the following:	90467

(A) Comply with all applicable federal statutes and	90468
regulations;	90469

(B) Comply with section 5124.07 of the Revised Code and all	90470
other applicable state statutes and rules;	90471

(C) Comply with all the terms and conditions of the exiting	90472
operator's provider agreement, including all of the following:	90473

(1) Any plan of correction;

90474

(2) Compliance with health and safety standards;

90475

(3) Compliance with the ownership and financial interest	90476
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	90477

(4) Compliance with the civil rights requirements of 45	90478
C.F.R. parts 80, 84, and 90;	90479

(5) Compliance with additional requirements imposed by the	90480
department;	90481

(6) Any sanctions relating to remedies for violation of the	90482
provider agreement, including deficiencies, compliance periods,	90483
accountability periods, monetary penalties, notification for	90484
correction of contract violations, and history of deficiencies.	90485

Sec. 5124.514. In the case of a change of operator, the	90486
exiting operator shall be considered to be the operator of the	90487
ICF/MR for purposes of the medicaid program, including medicaid	90488
payments, until the effective date of the entering operator's	90489
provider agreement if the provider agreement is entered into under	90490
section 5124.511 or 5124.512 of the Revised Code.	90491

Sec. 5124.515. The department of medicaid may enter into a	90492
provider agreement as provided in section 5124.07 of the Revised	90493
Code, rather than section 5124.511 or 5124.512 of the Revised	90494
Code, with an entering operator if the entering operator does not	90495
agree to a provider agreement that satisfies the requirements of	90496
division (C) of section 5124.513 of the Revised Code. The	90497
department may not enter into the provider agreement unless the	90498
department of health certifies the ICF/MR under Title XIX. The	90499
effective date of the provider agreement shall not precede any of	90500
the following:	90501

(A) The date that the department of health certifies the	90502
ICF/MR;	90503

(B) The effective date of the change of operator;

90504

(C) The date the requirement of section 5124.51 of the	90505
Revised Code is satisfied.	90506

Sec. 5124.516. The director of developmental disabilities	90507
may adopt rules under section 5124.03 of the Revised Code	90508
governing adjustments to the medicaid reimbursement rate for an	90509
ICF/MR that undergoes a change of operator. No rate adjustment	90510
resulting from a change of operator shall be effective before the	90511
effective date of the entering operator's provider agreement. This	90512
is the case regardless of whether the provider agreement is	90513
entered into under section 5124.511, section 5124.512, or,	90514
pursuant to section 5124.515, section 5124.07 of the Revised Code.	90515

Sec. 5124.517. The department of developmental disabilities'	90516
determination that a change of operator has or has not occurred	90517
for purposes of licensure under section 5123.19 of the Revised	90518
Code shall not affect either of the following:	90519

(A) A determination by the department of developmental	90520
disabilities or department of medicaid of whether or when a change	90521
of operator occurs;	90522

(B) The department of medicaid's determination of the	90523
effective date of an entering operator's provider agreement under	90524
section 5124.511, section 5124.512, or, pursuant to section	90525
5124.515, section 5124.07 of the Revised Code.	90526

Sec. 5124.52. (A) On receipt of a written notice under	90527
section 5124.50 of the Revised Code of a facility closure or	90528
voluntary termination, on receipt of a written notice under	90529
section 5124.51 of the Revised Code of a change of operator, or on	90530
the effective date of an involuntary termination, the department	90531
of developmental disabilities shall estimate the amount of any	90532
overpayments made under the medicaid program to the exiting	90533
operator, including overpayments the exiting operator disputes,	90534
and other actual and potential debts the exiting operator owes or	90535
may owe to the department and United States centers for medicare	90536
and medicaid services under the medicaid program, including a	90537
franchise permit fee.	90538

(B) In estimating the exiting operator's other actual and	90539
potential debts to the department and the United States centers	90540
for medicare and medicaid services under the medicaid program, the	90541
department shall use a debt estimation methodology the director of	90542
developmental disabilities shall establish in rules authorized by	90543
section 5124.53 of the Revised Code. The methodology shall provide	90544
for estimating all of the following that the department determines	90545
are applicable:	90546

(1) Refunds due the department under section 5124.41 of the	90547
Revised Code;	90548

(2) Interest owed to the department and United States centers	90549
for medicare and medicaid services;	90550

(3) Final civil monetary and other penalties for which all	90551
right of appeal has been exhausted;	90552

(4) Money owed the department and United States centers for	90553
medicare and medicaid services from any outstanding final fiscal	90554
audit, including a final fiscal audit for the last fiscal year or	90555
portion thereof in which the exiting operator participated in the	90556
medicaid program;	90557

(5) Other amounts the department determines are applicable.

90558

(C) The department shall provide the exiting operator written	90559
notice of the department's estimate under division (A) of this	90560
section not later than thirty days after the department receives	90561
the notice under section 5124.50 of the Revised Code of the	90562
facility closure or voluntary termination; the department receives	90563
the notice under section 5124.51 of the Revised Code of the change	90564
of operator; or the effective date of the involuntary termination.	90565
The department's written notice shall include the basis for the	90566
estimate.	90567

Sec. 5124.521. (A) Except as provided in divisions (B), (C),	90568
and (D) of this section, the department of developmental	90569
disabilities may withhold from payment due an exiting operator	90570
under the medicaid program the total amount specified in the	90571
notice provided under division (C) of section 5124.52 of the	90572
Revised Code that the exiting operator owes or may owe to the	90573
department and United States centers for medicare and medicaid	90574
services under the medicaid program.	90575

(B) In the case of a change of operator and subject to	90576
division (E) of this section, the following shall apply regarding	90577
a withholding under division (A) of this section if the exiting	90578
operator or entering operator or an affiliated operator executes a	90579
successor liability agreement meeting the requirements of division	90580
(F) of this section:	90581

(1) If the exiting operator, entering operator, or affiliated	90582
operator assumes liability for the total, actual amount of debt	90583
the exiting operator owes the department and the United States	90584
centers for medicare and medicaid services under the medicaid	90585
program as determined under section 5124.525 of the Revised Code,	90586
the department shall not make the withholding.	90587

(2) If the exiting operator, entering operator, or affiliated	90588
operator assumes liability for only the portion of the amount	90589
specified in division (B)(1) of this section that represents the	90590
franchise permit fee the exiting operator owes, the department	90591
shall withhold not more than the difference between the total	90592
amount specified in the notice provided under division (C) of	90593
section 5124.52 of the Revised Code and the amount for which the	90594
exiting operator, entering operator, or affiliated operator	90595
assumes liability.	90596

(C) In the case of a voluntary termination or facility	90597
closure and subject to division (E) of this section, the following	90598
shall apply regarding a withholding under division (A) of this	90599
section if the exiting operator or an affiliated operator executes	90600
a successor liability agreement meeting the requirements of	90601
division (F) of this section:	90602

(1) If the exiting operator or affiliated operator assumes	90603
liability for the total, actual amount of debt the exiting	90604
operator owes the department and the United States centers for	90605
medicare and medicaid services under the medicaid program as	90606
determined under section 5124.525 of the Revised Code, the	90607
department shall not make the withholding.	90608

(2) If the exiting operator or affiliated operator assumes	90609
liability for only the portion of the amount specified in division	90610
(C)(1) of this section that represents the franchise permit fee	90611
the exiting operator owes, the department shall withhold not more	90612
than the difference between the total amount specified in the	90613
notice provided under division (C) of section 5124.52 of the	90614
Revised Code and the amount for which the exiting operator or	90615
affiliated operator assumes liability.	90616

(D) In the case of an involuntary termination and subject to	90617
division (E) of this section, the following shall apply regarding	90618
a withholding under division (A) of this section if the exiting	90619
operator, the entering operator, or an affiliated operator	90620
executes a successor liability agreement meeting the requirements	90621
of division (F) of this section and the department approves the	90622
successor liability agreement:	90623

(1) If the exiting operator, entering operator, or affiliated	90624
operator assumes liability for the total, actual amount of debt	90625
the exiting operator owes the department and the United States	90626
centers for medicare and medicaid services under the medicaid	90627
program as determined under section 5124.525 of the Revised Code,	90628
the department shall not make the withholding.	90629

(2) If the exiting operator, entering operator, or affiliated	90630
operator assumes liability for only the portion of the amount	90631
specified in division (D)(1) of this section that represents the	90632
franchise permit fee the exiting operator owes, the department	90633
shall withhold not more than the difference between the total	90634
amount specified in the notice provided under division (C) of	90635
section 5124.52 of the Revised Code and the amount for which the	90636
exiting operator, entering operator, or affiliated operator	90637
assumes liability.	90638

(E) For an exiting operator or affiliated operator to be	90639
eligible to enter into a successor liability agreement under	90640
division (B), (C), or (D) of this section, both of the following	90641
must apply:	90642

(1) The exiting operator or affiliated operator must have one	90643
or more valid provider agreements, other than the provider	90644
agreement for the ICF/MR that is the subject of the involuntary	90645
termination, voluntary termination, facility closure, or change of	90646
operator;	90647

(2) During the twelve-month period preceding either the	90648
effective date of the involuntary termination or the month in	90649
which the department receives the notice of the voluntary	90650
termination or facility closure under section 5124.50 of the	90651
Revised Code or the notice of the change of operator under section	90652
5124.51 of the Revised Code, the average monthly medicaid payment	90653
made to the exiting operator or affiliated operator pursuant to	90654
the exiting operator's or affiliated operator's one or more	90655
provider agreements, other than the provider agreement for the	90656
ICF/MR that is the subject of the involuntary termination,	90657
voluntary termination, facility closure, or change of operator,	90658
must equal at least ninety per cent of the sum of the following:	90659

(a) The average monthly medicaid payment made to the exiting	90660
operator pursuant to the exiting operator's provider agreement for	90661
the ICF/MR that is the subject of the involuntary termination,	90662
voluntary termination, facility closure, or change of operator;	90663

(b) Whichever of the following apply:

90664

(i) If the exiting operator or affiliated operator has	90665
assumed liability under one or more other successor liability	90666
agreements, the total amount for which the exiting operator or	90667
affiliated operator has assumed liability under the other	90668
successor liability agreements;	90669

(ii) If the exiting operator or affiliated operator has not	90670
assumed liability under any other successor liability agreements,	90671
zero.	90672

(F) A successor liability agreement executed under this	90673
section must comply with all of the following:	90674

(1) It must provide for the operator who executes the	90675
successor liability agreement to assume liability for either of	90676
the following as specified in the agreement:	90677

(a) The total, actual amount of debt the exiting operator	90678
owes the department and the United States centers for medicare and	90679
medicaid services under the medicaid program as determined under	90680
section 5124.525 of the Revised Code;	90681

(b) The portion of the amount specified in division (F)(1)(a)	90682
of this section that represents the franchise permit fee the	90683
exiting operator owes.	90684

(2) It may not require the operator who executes the	90685
successor liability agreement to furnish a surety bond.	90686

(3) It must provide that the department, after determining	90687
under section 5124.525 of the Revised Code the actual amount of	90688
debt the exiting operator owes the department and United States	90689
centers for medicare and medicaid services under the medicaid	90690
program, may deduct the lesser of the following from medicaid	90691
payments made to the operator who executes the successor liability	90692
agreement:	90693

(a) The total, actual amount of debt the exiting operator	90694
owes the department and the United States centers for medicare and	90695
medicaid services under the medicaid program as determined under	90696
section 5124.525 of the Revised Code;	90697

(b) The amount for which the operator who executes the	90698
successor liability agreement assumes liability under the	90699
agreement.	90700

(4) It must provide that the deductions authorized by	90701
division (F)(3) of this section are to be made for a number of	90702
months, not to exceed six, agreed to by the operator who executes	90703
the successor liability agreement and the department or, if the	90704
operator who executes the successor liability agreement and	90705
department cannot agree on a number of months that is less than	90706
six, a greater number of months determined by the attorney general	90707
pursuant to a claims collection process authorized by statute of	90708
this state.	90709

(5) It must provide that, if the attorney general determines	90710
the number of months for which the deductions authorized by	90711
division (F)(3) of this section are to be made, the operator who	90712
executes the successor liability agreement shall pay, in addition	90713
to the amount collected pursuant to the attorney general's claims	90714
collection process, the part of the amount so collected that, if	90715
not for division (H) of this section, would be required by section	90716
109.081 of the Revised Code to be paid into the attorney general	90717
claims fund.	90718

(G) Execution of a successor liability agreement does not	90719
waive an exiting operator's right to contest the amount specified	90720
in the notice the department provides the exiting operator under	90721
division (C) of section 5124.52 of the Revised Code.	90722

(H) Notwithstanding section 109.081 of the Revised Code, the	90723
entire amount that the attorney general, whether by employees or	90724
agents of the attorney general or by special counsel appointed	90725
pursuant to section 109.08 of the Revised Code, collects under a	90726
successor liability agreement, other than the additional amount	90727
the operator who executes the agreement is required by division	90728
(F)(5) of this section to pay, shall be paid to the department of	90729
developmental disabilities for deposit into the appropriate fund.	90730
The additional amount that the operator is required to pay shall	90731
be paid into the state treasury to the credit of the attorney	90732
general claims fund created under section 109.081 of the Revised	90733
Code.	90734

Sec. 5124.522. (A) Except as provided in division (B) of	90735
this section, an exiting operator shall file with the department	90736
of developmental disabilities a cost report not later than ninety	90737
days after the last day the exiting operator's provider agreement	90738
is in effect. The cost report shall cover the period that begins	90739
with the day after the last day covered by the operator's most	90740
recent previous cost report filed under section 5124.10 or	90741
5124.101 of the Revised Code and ends on the last day the exiting	90742
operator's provider agreement is in effect. The cost report shall	90743
include, as applicable, all of the following:	90744

(1) The sale price of the ICF/MR;

90745

(2) A final depreciation schedule that shows which assets are	90746
transferred to the buyer and which assets are not transferred to	90747
the buyer;	90748

(3) Any other information the department requires.

90749

(B) The department, at its sole discretion, may waive the	90750
requirement that an exiting operator file a cost report in	90751
accordance with division (A) of this section.	90752

Sec. 5124.523. If an exiting operator required by section	90753
5124.522 of the Revised Code to file a cost report with the	90754
department of developmental disabilities fails to file the cost	90755
report in accordance with that section, all payments under the	90756
medicaid program for the period the cost report is required to	90757
cover are deemed overpayments until the date the department	90758
receives the properly completed cost report. The department may	90759
impose on the exiting operator a penalty of one hundred dollars	90760
for each calendar day the properly completed cost report is late.	90761

Sec. 5124.524. The department of developmental disabilities	90762
may not provide an exiting operator final payment under the	90763
medicaid program until the department receives all properly	90764
completed cost reports the exiting operator is required to file	90765
under sections 5124.10 and 5124.522 of the Revised Code.	90766

Sec. 5124.525. The department of developmental disabilities	90767
shall determine the actual amount of debt an exiting operator owes	90768
the department and the United States centers for medicare and	90769
medicaid services under the medicaid program by completing all	90770
final fiscal audits not already completed and performing all other	90771
appropriate actions the department determines to be necessary. The	90772
department shall issue an initial debt summary report on this	90773
matter not later than sixty days after the date the exiting	90774
operator files the properly completed cost report required by	90775
section 5124.522 of the Revised Code with the department or, if	90776
the department waives the cost report requirement for the exiting	90777
operator, sixty days after the date the department waives the cost	90778
report requirement. The initial debt summary report becomes the	90779
final debt summary report thirty-one days after the department	90780
issues the initial debt summary report unless the exiting	90781
operator, or an affiliated operator who executes a successor	90782
liability agreement under section 5124.521 of the Revised Code,	90783
requests a review before that date.	90784

The exiting operator, and an affiliated operator who executes	90785
a successor liability agreement under section 5124.521 of the	90786
Revised Code, may request a review to contest any of the	90787
department's findings included in the initial debt summary report.	90788
The request for the review must be submitted to the department not	90789
later than thirty days after the date the department issues the	90790
initial debt summary report. The department shall conduct the	90791
review on receipt of a timely request and issue a revised debt	90792
summary report. If the department has withheld money from payment	90793
due the exiting operator under division (A) of section 5124.521 of	90794
the Revised Code, the department shall issue the revised debt	90795
summary report not later than ninety days after the date the	90796
department receives the timely request for the review unless the	90797
department and exiting operator or affiliated operator agree to a	90798
later date. The exiting operator or affiliated operator may submit	90799
information to the department explaining what the operator	90800
contests before and during the review, including documentation of	90801
the amount of any debt the department owes the operator. The	90802
exiting operator or affiliated operator may submit additional	90803
information to the department not later than thirty days after the	90804
department issues the revised debt summary report. The revised	90805
debt summary report becomes the final debt summary report	90806
thirty-one days after the department issues the revised debt	90807
summary report unless the exiting operator or affiliated operator	90808
timely submits additional information to the department. If the	90809
exiting operator or affiliated operator timely submits additional	90810
information to the department, the department shall consider the	90811
additional information and issue a final debt summary report not	90812
later than sixty days after the department issues the revised debt	90813
summary report unless the department and exiting operator or	90814
affiliated operator agree to a later date.	90815

Each debt summary report the department issues under this	90816
section shall include the department's findings and the amount of	90817
debt the department determines the exiting operator owes the	90818
department and United States centers for medicare and medicaid	90819
services under the medicaid program. The department shall explain	90820
its findings and determination in each debt summary report.	90821

The exiting operator, and an affiliated operator who executes	90822
a successor liability agreement under section 5124.521 of the	90823
Revised Code, may request, in accordance with Chapter 119. of the	90824
Revised Code, an adjudication regarding a finding in a final debt	90825
summary report that pertains to an audit or alleged overpayment	90826
made under the medicaid program to the exiting operator. The	90827
adjudication shall be consolidated with any other uncompleted	90828
adjudication that concerns a matter addressed in the final debt	90829
summary report.	90830

Sec. 5124.526. The department of developmental disabilities	90831
shall release the actual amount withheld under division (A) of	90832
section 5124.521 of the Revised Code, less any amount the exiting	90833
operator owes the department and United States centers for	90834
medicare and medicaid services under the medicaid program, as	90835
follows:	90836

(A) Unless the department issues the initial debt summary	90837
report required by section 5124.525 of the Revised Code not later	90838
than sixty days after the date the exiting operator files the	90839
properly completed cost report required by section 5124.522 of the	90840
Revised Code, sixty-one days after the date the exiting operator	90841
files the properly completed cost report;	90842

(B) If the department issues the initial debt summary report	90843
required by section 5124.525 of the Revised Code not later than	90844
sixty days after the date the exiting operator files a properly	90845
completed cost report required by section 5124.522 of the Revised	90846
Code, not later than the following:	90847

(1) Thirty days after the deadline for requesting an	90848
adjudication under section 5124.525 of the Revised Code regarding	90849
the final debt summary report if the exiting operator, and an	90850
affiliated operator who executes a successor liability agreement	90851
under section 5124.521 of the Revised Code, fail to request the	90852
adjudication on or before the deadline;	90853

(2) Thirty days after the completion of an adjudication of	90854
the final debt summary report if the exiting operator, or an	90855
affiliated operator who executes a successor liability agreement	90856
under section 5124.521 of the Revised Code, requests the	90857
adjudication on or before the deadline for requesting the	90858
adjudication.	90859

(C) Unless the department issues the initial debt summary	90860
report required by section 5124.525 of the Revised Code not later	90861
than sixty days after the date the department waives the cost	90862
report requirement of section 5124.522 of the Revised Code,	90863
sixty-one days after the date the department waives the cost	90864
report requirement;	90865

(D) If the department issues the initial debt summary report	90866
required by section 5124.525 of the Revised Code not later than	90867
sixty days after the date the department waives the cost report	90868
requirement of section 5124.522 of the Revised Code, not later	90869
than the following:	90870

(1) Thirty days after the deadline for requesting an	90871
adjudication under section 5124.525 of the Revised Code regarding	90872
the final debt summary report if the exiting operator, and an	90873
affiliated operator who executes a successor liability agreement	90874
under section 5124.521 of the Revised Code, fail to request the	90875
adjudication on or before the deadline;	90876

(2) Thirty days after the completion of an adjudication of	90877
the final debt summary report if the exiting operator, or an	90878
affiliated operator who executes a successor liability agreement	90879
under section 5124.521 of the Revised Code, requests the	90880
adjudication on or before the deadline for requesting the	90881
adjudication.	90882

Sec. 5124.527. The department of developmental disabilities,	90883
at its sole discretion, may release the amount withheld under	90884
division (A) of section 5124.521 of the Revised Code if the	90885
exiting operator submits to the department written notice of a	90886
postponement of a change of operator, facility closure, or	90887
voluntary termination and the transactions leading to the change	90888
of operator, facility closure, or voluntary termination are	90889
postponed for at least thirty days but less than ninety days after	90890
the date originally proposed for the change of operator, facility	90891
closure, or voluntary termination as reported in the written	90892
notice required by section 5124.50 or 5124.51 of the Revised Code.	90893
The department shall release the amount withheld if the exiting	90894
operator submits to the department written notice of a	90895
cancellation or postponement of a change of operator, facility	90896
closure, or voluntary termination and the transactions leading to	90897
the change of operator, facility closure, or voluntary termination	90898
are canceled or postponed for more than ninety days after the date	90899
originally proposed for the change of operator, facility closure,	90900
or voluntary termination as reported in the written notice	90901
required by section 5124.50 or 5124.51 of the Revised Code. A	90902
written notice shall be provided to the department in accordance	90903
with the method specified in rules authorized by section 5124.53	90904
of the Revised Code.	90905

After the department receives a written notice regarding a	90906
cancellation or postponement of a facility closure or voluntary	90907
termination, the exiting operator or owner shall provide new	90908
written notice to the department under section 5124.50 of the	90909
Revised Code regarding any transactions leading to a facility	90910
closure or voluntary termination at a future time. After the	90911
department receives a written notice regarding a cancellation or	90912
postponement of a change of operator, the exiting operator or	90913
owner and entering operator shall provide new written notice to	90914
the department under section 5124.51 of the Revised Code regarding	90915
any transactions leading to a change of operator at a future time.	90916

Sec. 5124.528. (A) All amounts withheld under section	90917
5124.521 of the Revised Code from payment due an exiting operator	90918
under the medicaid program shall be deposited into the medicaid	90919
payment withholding fund created by the controlling board pursuant	90920
to section 131.35 of the Revised Code. Money in the fund shall be	90921
used as follows:	90922

(1) To pay an exiting operator when a withholding is released	90923
to the exiting operator under section 5124.526 or 5124.527 of the	90924
Revised Code;	90925

(2) To pay the department of medicaid or department of	90926
developmental disabilities, and United States centers for medicare	90927
and medicaid services, the amount an exiting operator owes the	90928
department of medicaid or department of developmental disabilities	90929
and United States centers under the medicaid program.	90930

(B) Amounts paid from the medicaid payment withholding fund	90931
pursuant to division (A)(2) of this section shall be deposited	90932
into the appropriate fund.	90933

Sec. 5124.53. The director of developmental disabilities	90934
shall adopt rules under section 5124.03 of the Revised Code to	90935
implement sections 5124.50 to 5124.53 of the Revised Code. The	90936
rules shall specify all of the following:	90937

(A) The method by which written notices to the department	90938
required by sections 5124.50 to 5124.53 of the Revised Code are to	90939
be provided;	90940

(B) The forms and documents that are to be provided to the	90941
department under sections 5124.511 and 5124.512 of the Revised	90942
Code, which shall include, in the case of such forms and documents	90943
provided by entering operators, all the fully executed leases,	90944
management agreements, merger agreements and supporting documents,	90945
and fully executed sales contracts and any other supporting	90946
documents culminating in the change of operator;	90947

(C) The method by which the forms and documents identified in	90948
division (B) of this section are to be provided to the department.	90949

~~Sec. 5111.874.~~ Sec. 5124.60. (A) ~~As used in sections 5111.874 to~~	90950
~~5111.8710 of the Revised Code:~~	90951

~~"Home and community-based services" has the same meaning as~~	90952
~~in section 5123.01 of the Revised Code.~~	90953

~~"ICF/MR services" means intermediate care facility for the~~	90954
~~mentally retarded services covered by the medicaid program that an~~	90955
~~intermediate care facility for the mentally retarded provides to a~~	90956
~~resident of the facility who is a medicaid recipient eligible for~~	90957
~~medicaid-covered intermediate care facility for the mentally~~	90958
~~retarded services.~~	90959

~~"Intermediate care facility for the mentally retarded" means~~	90960
~~an intermediate care facility for the mentally retarded that is~~	90961
~~certified as in compliance with applicable standards for the~~	90962
~~medicaid program by the director of health in accordance with~~	90963
~~Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42~~	90964
~~U.S.C. 1396, as amended, and licensed as a residential facility~~	90965
~~under section 5123.19 of the Revised Code.~~	90966

~~"Residential facility" has the same meaning as in section~~	90967
~~5123.19 of the Revised Code.~~	90968

~~(B)~~ For the purpose of increasing the number of slots	90969
available for home and community-based services and subject to	90970
sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of the Revised	90971
Code, the operator of an ~~intermediate care facility for the~~	90972
~~mentally retarded~~ICF/MR may convert some or all of the beds in	90973
the ~~facility~~ICF/MR from providing ICF/MR services to providing	90974
home and community-based services if all of the following	90975
requirements are met:	90976

(1) The operator provides the directors of health and	90977
developmental disabilities at least ninety days' notice of the	90978
operator's intent to make the conversion.	90979

(2) The operator complies with the requirements of sections	90980
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	90981
a voluntary termination ~~as defined in section 5111.65 of the~~	90982
~~Revised Code~~ if those requirements are applicable.	90983

(3) If the operator intends to convert all of the ~~facility's~~	90984
ICF/MR's beds, the operator notifies each of the ~~facility's~~	90985
ICF/MR's residents that the ~~facility~~ICF/MR is to cease providing	90986
ICF/MR services and inform each resident that the resident may do	90987
either of the following:	90988

(a) Continue to receive ICF/MR services by transferring to	90989
another ~~facility~~ICF/MR that is ~~an intermediate care facility for~~	90990
~~the mentally retarded~~ willing and able to accept the resident if	90991
the resident continues to qualify for ICF/MR services;	90992

(b) Begin to receive home and community-based services	90993
instead of ICF/MR services from any provider of home and	90994
community-based services that is willing and able to provide the	90995
services to the resident if the resident is eligible for the	90996
services and a slot for the services is available to the resident.	90997

(4) If the operator intends to convert some but not all of	90998
the ~~facility's~~ICF/MR's beds, the operator notifies each of the	90999
~~facility's~~ICF/MR's residents that the ~~facility~~ICF/MR is to	91000
convert some of its beds from providing ICF/MR services to	91001
providing home and community-based services and inform each	91002
resident that the resident may do either of the following:	91003

(a) Continue to receive ICF/MR services from any ~~provider of~~	91004
~~services~~ ICF/MR that is willing and able to provide the services	91005
to the resident if the resident continues to qualify for ICF/MR	91006
services;	91007

(b) Begin to receive home and community-based services	91008
instead of ICF/MR services from any provider of home and	91009
community-based services that is willing and able to provide the	91010
services to the resident if the resident is eligible for the	91011
services and a slot for the services is available to the resident.	91012

(5) The operator meets the requirements for providing home	91013
and community-based services, including the following:	91014

(a) Such requirements applicable to a residential facility if	91015
the operator maintains the facility's license as a residential	91016
facility;	91017

(b) Such requirements applicable to a facility that is not	91018
licensed as a residential facility if the operator surrenders the	91019
facility's license as a residential facility under section 5123.19	91020
of the Revised Code.	91021

(6) The director of developmental disabilities approves the	91022
conversion.	91023

~~(C)~~(B) A decision by the director of developmental	91024
disabilities to approve or refuse to approve a proposed conversion	91025
of beds is final. In making a decision, the director shall	91026
consider all of the following:	91027

(1) The fiscal impact on the ~~facility~~ICF/MR if some but not	91028
all of the beds are converted;	91029

(2) The fiscal impact on the ~~medical assistance~~medicaid	91030
program;	91031

(3) The availability of home and community-based services.

91032

~~(D)~~(C) The notice provided to the directors under division	91033
~~(B)~~(A)(1) of this section shall specify whether some or all of the	91034
~~facility's~~ICF/MR's beds are to be converted. If some but not all	91035
of the beds are to be converted, the notice shall specify how many	91036
of the ~~facility's~~ICF/MR's beds are to be converted and how many	91037
of the beds are to continue to provide ICF/MR services. The notice	91038
to the director of developmental disabilities shall specify	91039
whether the operator wishes to surrender the ~~facility's~~ICF/MR's	91040
license as a residential facility under section 5123.19 of the	91041
Revised Code.	91042

~~(E)~~(D)(1) If the director of developmental disabilities	91043
approves a conversion under division ~~(C)~~(B) of this section, the	91044
director of health shall do the following:	91045

(a) Terminate the ICF/MR's medicaid certification ~~of the~~	91046
~~intermediate care facility for the mentally retarded~~ if the notice	91047
specifies that all of the ~~facility's~~ICF/MR's beds are to be	91048
converted;	91049

(b) Reduce the ~~facility's certified~~ICF/MR's	91050
medicaid-certified capacity by the number of beds being converted	91051
if the notice specifies that some but not all of the beds are to	91052
be converted.	91053

(2) The director of health shall notify the medicaid director	91054
~~of job and family services~~ of the termination or reduction. On	91055
receipt of the ~~director of health's~~ notice, the medicaid director	91056
~~of job and family services~~ shall do the following:	91057

(a) Terminate the operator's medicaid provider agreement that	91058
authorizes the operator to provide ICF/MR services at the	91059
~~facility~~ICF/MR if the ~~facility's~~ICF/MR's certification was	91060
terminated;	91061

(b) Amend the operator's medicaid provider agreement to	91062
reflect the ~~facility's~~ICF/MR's reduced ~~certified~~	91063
medicaid-certified capacity if the ~~facility's certified~~ICF/MR's	91064
medicaid-certified capacity is reduced.	91065

(3) In the case of action taken under division ~~(E)~~(D)(2)(a)	91066
of this section, the operator is not entitled to notice or a	91067
hearing under Chapter 119. of the Revised Code before the medicaid	91068
director ~~of job and family services~~ terminates the medicaid	91069
provider agreement.	91070

~~Sec. 5111.875.~~ Sec. 5124.61. (A) For the purpose of increasing the	91071
number of slots available for home and community-based services	91072
and subject to sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of	91073
the Revised Code, a person who acquires, through a request for	91074
proposals issued by the director of developmental disabilities, a	91075
~~residential facility that is an intermediate care facility for the~~	91076
~~mentally retarded and~~an ICF/MR for which ~~the~~a residential	91077
facility license ~~as a residential facility~~ was previously	91078
surrendered or revoked may convert some or all of the ~~facility's~~	91079
ICF/MR's beds from providing ICF/MR services to providing home and	91080
community-based services if all of the following requirements are	91081
met:	91082

(1) The person provides the directors of health~~, job and~~	91083
~~family services,~~ and developmental disabilities and medicaid	91084
director at least ninety days' notice of the person's intent to	91085
make the conversion.	91086

(2) The person complies with the requirements of sections	91087
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	91088
a voluntary termination ~~as defined in section 5111.65 of the~~	91089
~~Revised Code~~ if those requirements are applicable.	91090

(3) If the person intends to convert all of the ~~facility's~~	91091
ICF/MR's beds, the person notifies each of the ~~facility's~~	91092
ICF/MR's residents that the ~~facility~~ICF/MR is to cease providing	91093
ICF/MR services and informs each resident that the resident may do	91094
either of the following:	91095

(a) Continue to receive ICF/MR services by transferring to	91096
another ~~facility that is an intermediate care facility for the~~	91097
~~mentally retarded~~ICF/MR willing and able to accept the resident	91098
if the resident continues to qualify for ICF/MR services;	91099

(b) Begin to receive home and community-based services	91100
instead of ICF/MR services from any provider of home and	91101
community-based services that is willing and able to provide the	91102
services to the resident if the resident is eligible for the	91103
services and a slot for the services is available to the resident.	91104

(4) If the person intends to convert some but not all of the	91105
~~facility's~~ICF/MR's beds, the person notifies each of the	91106
~~facility's~~ICF/MR's residents that the ~~facility~~ICF/MR is to	91107
convert some of its beds from providing ICF/MR services to	91108
providing home and community-based services and inform each	91109
resident that the resident may do either of the following:	91110

(a) Continue to receive ICF/MR services from any ~~provider of~~	91111
~~ICF/MR services~~ that is willing and able to provide the services	91112
to the resident if the resident continues to qualify for ICF/MR	91113
services;	91114

(b) Begin to receive home and community-based services	91115
instead of ICF/MR services from any provider of home and	91116
community-based services that is willing and able to provide the	91117
services to the resident if the resident is eligible for the	91118
services and a slot for the services is available to the resident.	91119

(5) The person meets the requirements for providing home and	91120
community-based services at a residential facility.	91121

(B) The notice provided to the directors under division	91122
(A)(1) of this section shall specify whether some or all of the	91123
~~facility's~~ICF/MR's beds are to be converted. If some but not all	91124
of the beds are to be converted, the notice shall specify how many	91125
of the ~~facility's~~ICF/MR's beds are to be converted and how many	91126
of the beds are to continue to provide ICF/MR services.	91127

(C) On receipt of a notice under division (A)(1) of this	91128
section, the director of health shall do the following:	91129

(1) Terminate the ICF/MR's medicaid certification ~~of the~~	91130
~~intermediate care facility for the mentally retarded~~ if the notice	91131
specifies that all of the facility's beds are to be converted;	91132

(2) Reduce the ~~facility's certified~~ICF/MR's	91133
medicaid-certified capacity by the number of beds being converted	91134
if the notice specifies that some but not all of the beds are to	91135
be converted.	91136

(D) The director of health shall notify the medicaid director	91137
~~of job and family services~~ of the termination or reduction under	91138
division (C) of this section. On receipt of the director of	91139
health's notice, the medicaid director ~~of job and family services~~	91140
shall do the following:	91141

(1) Terminate the person's medicaid provider agreement that	91142
authorizes the person to provide ICF/MR services at the ~~facility~~	91143
ICF/MR if the ~~facility's~~ICF/MR's medicaid certification was	91144
terminated;	91145

(2) Amend the person's medicaid provider agreement to reflect	91146
the ~~facility's~~ICF/MR's reduced ~~certified~~medicaid-certified	91147
capacity if the ~~facility's certified~~ICF/MR's medicaid-certified	91148
capacity is reduced.	91149

The person is not entitled to notice or a hearing under	91150
Chapter 119. of the Revised Code before the medicaid director of	91151
~~job and family services~~ terminates or amends the medicaid provider	91152
agreement.	91153

~~Sec. 5111.876.~~ Sec. 5124.62. Subject to section ~~5111.877~~5124.63	91154
of the Revised Code, the director of developmental disabilities	91155
may request that the medicaid director ~~of job and family services~~	91156
seek the approval of the United States secretary of health and	91157
human services to increase the number of slots available for home	91158
and community-based services by a number not exceeding the number	91159
of beds that were part of the licensed capacity of a residential	91160
facility that had its license revoked or surrendered under section	91161
5123.19 of the Revised Code if the residential facility was an	91162
~~intermediate care facility for the mentally retarded~~ICF/MR at the	91163
time of the license revocation or surrender. The revocation or	91164
surrender may have occurred before, or may occur on or after, June	91165
24, 2008. The request may include beds the director of	91166
developmental disabilities removed from such a residential	91167
facility's licensed capacity before transferring ownership or	91168
operation of the residential facility pursuant to a request for	91169
proposals.	91170

~~Sec. 5111.877.~~ Sec. 5124.63. The medicaid director ~~of job and~~	91171
~~family services~~ may seek approval from the United States secretary	91172
of health and human services for not more than a total of five	91173
hundred slots for home and community-based services for the	91174
purposes of sections ~~5111.874~~5124.60, ~~5111.875~~5124.61, and	91175
~~5111.876~~5124.62 of the Revised Code.	91176

~~Sec. 5111.878.~~ Sec. 5124.64. Not more than a total of five hundred	91177
beds may be converted from providing ICF/MR services to providing	91178
home and community-based services under sections ~~5111.874~~5124.60	91179
and ~~5111.875~~5124.61 of the Revised Code.	91180

~~Sec. 5111.879.~~ Sec. 5124.65. No person or government entity may	91181
reconvert a bed to be used for ICF/MR services if the bed was	91182
converted to use for home and community-based services under	91183
section ~~5111.874~~5124.60 or ~~5111.875~~5124.61 of the Revised Code.	91184
This prohibition applies regardless of either of the following:	91185

(A) The bed is part of the licensed capacity of a residential	91186
facility.	91187

(B) The bed has been sold, leased, or otherwise transferred	91188
to another person or government entity.	91189

Sec. 5124.99. Whoever violates section 5124.102 or division	91190
(E) of section 5124.08 of the Revised Code shall be fined not less	91191
than five hundred dollars nor more than one thousand dollars for	91192
the first offense and not less than one thousand dollars nor more	91193
than five thousand dollars for each subsequent offense.	91194

Fines paid under this section shall be deposited in the state	91195
treasury to the credit of the general revenue fund.	91196

Sec. 5126.01. As used in this chapter:

91197

(A) As used in this division, "adult" means an individual who	91198
is eighteen years of age or over and not enrolled in a program or	91199
service under Chapter 3323. of the Revised Code and an individual	91200
sixteen or seventeen years of age who is eligible for adult	91201
services under rules adopted by the director of developmental	91202
disabilities pursuant to Chapter 119. of the Revised Code.	91203

(1) "Adult services" means services provided to an adult	91204
outside the home, except when they are provided within the home	91205
according to an individual's assessed needs and identified in an	91206
individual service plan, that support learning and assistance in	91207
the area of self-care, sensory and motor development,	91208
socialization, daily living skills, communication, community	91209
living, social skills, or vocational skills.	91210

(2) "Adult services" includes all of the following:

91211

(a) Adult day habilitation services;

91212

(b) Adult day care;

91213

91214

(d) Sheltered employment;

91215

(e) Educational experiences and training obtained through	91216
entities and activities that are not expressly intended for	91217
individuals with mental retardation and developmental	91218
disabilities, including trade schools, vocational or technical	91219
schools, adult education, job exploration and sampling, unpaid	91220
work experience in the community, volunteer activities, and	91221
spectator sports;	91222

(f) Community employment services and supported employment	91223
services.	91224

(B)(1) "Adult day habilitation services" means adult services	91225
that do the following:	91226

(a) Provide access to and participation in typical activities	91227
and functions of community life that are desired and chosen by the	91228
general population, including such activities and functions as	91229
opportunities to experience and participate in community	91230
exploration, companionship with friends and peers, leisure	91231
activities, hobbies, maintaining family contacts, community	91232
events, and activities where individuals without disabilities are	91233
involved;	91234

(b) Provide supports or a combination of training and	91235
supports that afford an individual a wide variety of opportunities	91236
to facilitate and build relationships and social supports in the	91237
community.	91238

(2) "Adult day habilitation services" includes all of the	91239
following:	91240

(a) Personal care services needed to ensure an individual's	91241
ability to experience and participate in vocational services,	91242
educational services, community activities, and any other adult	91243
day habilitation services;	91244

(b) Skilled services provided while receiving adult day	91245
habilitation services, including such skilled services as behavior	91246
management intervention, occupational therapy, speech and language	91247
therapy, physical therapy, and nursing services;	91248

(c) Training and education in self-determination designed to	91249
help the individual do one or more of the following: develop	91250
self-advocacy skills, exercise the individual's civil rights,	91251
acquire skills that enable the individual to exercise control and	91252
responsibility over the services received, and acquire skills that	91253
enable the individual to become more independent, integrated, or	91254
productive in the community;	91255

(d) Recreational and leisure activities identified in the	91256
individual's service plan as therapeutic in nature or assistive in	91257
developing or maintaining social supports;	91258

(e) Counseling and assistance provided to obtain housing,	91259
including such counseling as identifying options for either rental	91260
or purchase, identifying financial resources, assessing needs for	91261
environmental modifications, locating housing, and planning for	91262
ongoing management and maintenance of the housing selected;	91263

(f) Transportation necessary to access adult day habilitation	91264
services;	91265

(g) Habilitation management, as described in section 5126.14	91266
of the Revised Code.	91267

(3) "Adult day habilitation services" does not include	91268
activities that are components of the provision of residential	91269
services, family support services, or supported living services.	91270

91271

(1) In the case of a member of a county board of	91272
developmental disabilities appointed by, or to be appointed by, a	91273
board of county commissioners, the board of county commissioners;	91274

(2) In the case of a member of a county board appointed by,	91275
or to be appointed by, a senior probate judge, the senior probate	91276
judge.	91277

(D) "Community employment," "competitive employment," and	91278
"integrated setting" have the same meanings as in section 5123.022	91279
of the Revised Code.	91280

(E) "Community employment services" or "supported employment	91281
services" means job training and other services related to	91282
employment outside a sheltered workshop. "Community employment	91283
services" or "supported employment services" include all of the	91284
following:	91285

(1) Job training resulting in the attainment of ~~competitive~~	91286
~~work~~community employment, supported work in a typical work	91287
environment, or self-employment;	91288

(2) Supervised work experience through an employer paid to	91289
provide the supervised work experience;	91290

(3) Ongoing ~~work in a competitive work environment at a wage~~	91291
~~commensurate with workers without disabilities~~community	91292
employment;	91293

(4) Ongoing supervision by an employer paid to provide the	91294
supervision.	91295

~~(E)~~(F) As used in this division, "substantial functional	91296
limitation," "developmental delay," and "established risk" have	91297
the meanings established pursuant to section 5123.011 of the	91298
Revised Code.	91299

"Developmental disability" means a severe, chronic disability	91300
that is characterized by all of the following:	91301

(1) It is attributable to a mental or physical impairment or	91302
a combination of mental and physical impairments, other than a	91303
mental or physical impairment solely caused by mental illness as	91304
defined in division (A) of section 5122.01 of the Revised Code;	91305

(2) It is manifested before age twenty-two;

91306

(3) It is likely to continue indefinitely;

91307

(4) It results in one of the following:

91308

(a) In the case of a person under age three, at least one	91309
developmental delay or an established risk;	91310

(b) In the case of a person at least age three but under age	91311
six, at least two developmental delays or an established risk;	91312

(c) In the case of a person age six or older, a substantial	91313
functional limitation in at least three of the following areas of	91314
major life activity, as appropriate for the person's age:	91315
self-care, receptive and expressive language, learning, mobility,	91316
self-direction, capacity for independent living, and, if the	91317
person is at least age sixteen, capacity for economic	91318
self-sufficiency.	91319

(5) It causes the person to need a combination and sequence	91320
of special, interdisciplinary, or other type of care, treatment,	91321
or provision of services for an extended period of time that is	91322
individually planned and coordinated for the person.	91323

~~(F)~~(G) "Early childhood services" means a planned program of	91324
habilitation designed to meet the needs of individuals with mental	91325
retardation or other developmental disabilities who have not	91326
attained compulsory school age.	91327

~~(G)~~(H)(1) "Environmental modifications" means the physical	91328
adaptations to an individual's home, specified in the individual's	91329
service plan, that are necessary to ensure the individual's	91330
health, safety, and welfare or that enable the individual to	91331
function with greater independence in the home, and without which	91332
the individual would require institutionalization.	91333

(2) "Environmental modifications" includes such adaptations	91334
as installation of ramps and grab-bars, widening of doorways,	91335
modification of bathroom facilities, and installation of	91336
specialized electric and plumbing systems necessary to accommodate	91337
the individual's medical equipment and supplies.	91338

(3) "Environmental modifications" does not include physical	91339
adaptations or improvements to the home that are of general	91340
utility or not of direct medical or remedial benefit to the	91341
individual, including such adaptations or improvements as	91342
carpeting, roof repair, and central air conditioning.	91343

~~(H)~~(I) "Family support services" means the services provided	91344
under a family support services program operated under section	91345
5126.11 of the Revised Code.	91346

~~(I)~~(J) "Habilitation" means the process by which the staff of	91347
the facility or agency assists an individual with mental	91348
retardation or other developmental disability in acquiring and	91349
maintaining those life skills that enable the individual to cope	91350
more effectively with the demands of the individual's own person	91351
and environment, and in raising the level of the individual's	91352
personal, physical, mental, social, and vocational efficiency.	91353
Habilitation includes, but is not limited to, programs of formal,	91354
structured education and training.	91355

~~(J)~~(K) "Home and community-based services" ~~means~~	91356
~~medicaid-funded home and community-based services specified in~~	91357
~~division (B)(1) of section 5111.87 of the Revised Code and~~	91358
~~provided under the medicaid waiver components the department of~~	91359
~~developmental disabilities administers pursuant to~~has the same	91360
meaning as in section ~~5111.871~~5123.01 of the Revised Code.	91361
~~However, home and community-based services provided under the~~	91362
~~medicaid waiver component known as the transitions developmental~~	91363
~~disabilities waiver are to be considered to be home and~~	91364
~~community-based services for the purposes of this chapter only to~~	91365
~~the extent, if any, provided by the contract required by section~~	91366
~~5111.871 of the Revised Code regarding the waiver.~~	91367

~~(K)~~(L) "ICF/MR" has the same meaning as in section 5124.01 of	91368
the Revised Code.	91369

(M) "Immediate family" means parents, grandparents, brothers,	91370
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	91371
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	91372
daughters-in-law.	91373

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	91374
~~the Revised Code.~~	91375

~~(M)~~(N) "Medicaid case management services" means case	91376
management services provided to an individual with mental	91377
retardation or other developmental disability that the state	91378
medicaid plan requires.	91379

~~(N)~~(O) "Mental retardation" means a mental impairment	91380
manifested during the developmental period characterized by	91381
significantly subaverage general intellectual functioning existing	91382
concurrently with deficiencies in the effectiveness or degree with	91383
which an individual meets the standards of personal independence	91384
and social responsibility expected of the individual's age and	91385
cultural group.	91386

~~(O)~~(P) "Residential services" means services to individuals	91387
with mental retardation or other developmental disabilities to	91388
provide housing, food, clothing, habilitation, staff support, and	91389
related support services necessary for the health, safety, and	91390
welfare of the individuals and the advancement of their quality of	91391
life. "Residential services" includes program management, as	91392
described in section 5126.14 of the Revised Code.	91393

~~(P)~~(Q) "Resources" means available capital and other assets,	91394
including moneys received from the federal, state, and local	91395
governments, private grants, and donations; appropriately	91396
qualified personnel; and appropriate capital facilities and	91397
equipment.	91398

~~(Q)~~(R) "Senior probate judge" means the current probate judge	91399
of a county who has served as probate judge of that county longer	91400
than any of the other current probate judges of that county. If a	91401
county has only one probate judge, "senior probate judge" means	91402
that probate judge.	91403

~~(R)~~(S) "Service and support administration" means the duties	91404
performed by a service and support administrator pursuant to	91405
section 5126.15 of the Revised Code.	91406

~~(S)~~(T)(1) "Specialized medical, adaptive, and assistive	91407
equipment, supplies, and supports" means equipment, supplies, and	91408
supports that enable an individual to increase the ability to	91409
perform activities of daily living or to perceive, control, or	91410
communicate within the environment.	91411

(2) "Specialized medical, adaptive, and assistive equipment,	91412
supplies, and supports" includes the following:	91413

(a) Eating utensils, adaptive feeding dishes, plate guards,	91414
mylatex straps, hand splints, reaches, feeder seats, adjustable	91415
pointer sticks, interpreter services, telecommunication devices	91416
for the deaf, computerized communications boards, other	91417
communication devices, support animals, veterinary care for	91418
support animals, adaptive beds, supine boards, prone boards,	91419
wedges, sand bags, sidelayers, bolsters, adaptive electrical	91420
switches, hand-held shower heads, air conditioners, humidifiers,	91421
emergency response systems, folding shopping carts, vehicle lifts,	91422
vehicle hand controls, other adaptations of vehicles for	91423
accessibility, and repair of the equipment received.	91424

(b) Nondisposable items not covered by medicaid that are	91425
intended to assist an individual in activities of daily living or	91426
instrumental activities of daily living.	91427

~~(T)~~(U) "Supportive home services" means a range of services	91428
to families of individuals with mental retardation or other	91429
developmental disabilities to develop and maintain increased	91430
acceptance and understanding of such persons, increased ability of	91431
family members to teach the person, better coordination between	91432
school and home, skills in performing specific therapeutic and	91433
management techniques, and ability to cope with specific	91434
situations.	91435

~~(U)~~(V)(1) "Supported living" means services provided for as	91436
long as twenty-four hours a day to an individual with mental	91437
retardation or other developmental disability through any public	91438
or private resources, including moneys from the individual, that	91439
enhance the individual's reputation in community life and advance	91440
the individual's quality of life by doing the following:	91441

(a) Providing the support necessary to enable an individual	91442
to live in a residence of the individual's choice, with any number	91443
of individuals who are not disabled, or with not more than three	91444
individuals with mental retardation and developmental disabilities	91445
unless the individuals are related by blood or marriage;	91446

(b) Encouraging the individual's participation in the	91447
community;	91448

91449

(d) Assisting the individual in acquiring, retaining, and	91450
improving the skills and competence necessary to live successfully	91451
in the individual's residence.	91452

(2) "Supported living" includes the provision of all of the	91453
following:	91454

(a) Housing, food, clothing, habilitation, staff support,	91455
professional services, and any related support services necessary	91456
to ensure the health, safety, and welfare of the individual	91457
receiving the services;	91458

(b) A combination of lifelong or extended-duration	91459
supervision, training, and other services essential to daily	91460
living, including assessment and evaluation and assistance with	91461
the cost of training materials, transportation, fees, and	91462
supplies;	91463

91464

(d) Household maintenance that does not include modifications	91465
to the physical structure of the residence;	91466

(e) Respite care services;

91467

(f) Program management, as described in section 5126.14 of	91468
the Revised Code.	91469

Sec. 5126.026. Except as otherwise provided in this section	91470
and section 5126.0218 of the Revised Code, a member of a county	91471
board of developmental disabilities may be reappointed to the	91472
county board. Prior to making a reappointment, the appointing	91473
authority shall ascertain, through written communication with the	91474
board, that the member being considered for reappointment meets	91475
the requirements of sections 5126.022 and 5126.0218 of the Revised	91476
Code.	91477

A member who has served during each of three consecutive	91478
terms shall not be reappointed for a subsequent term until two	91479
years after ceasing to be a member of the county board, except	91480
that a member who has served for ten years or less within three	91481
consecutive terms may be reappointed for a subsequent term before	91482
becoming ineligible for reappointment for two years.	91483

If, however, a county board experiences extenuating	91484
circumstances that would severely restrict the board from being	91485
able to fill a pending vacancy of a board member who will become	91486
ineligible for service on the board after serving three	91487
consecutive terms, the appointing authority may request a waiver	91488
from the director of developmental disabilities to allow that	91489
member to serve an additional four-year term subsequent to serving	91490
three consecutive four-year terms. The director shall determine if	91491
the extenuating circumstances associated with the board warrant	91492
the granting of such a waiver.	91493

Sec. 5126.05. (A) Subject to the rules established by the	91494
director of developmental disabilities pursuant to Chapter 119. of	91495
the Revised Code for programs and services offered pursuant to	91496
this chapter, and subject to the rules established by the state	91497
board of education pursuant to Chapter 119. of the Revised Code	91498
for programs and services offered pursuant to Chapter 3323. of the	91499
Revised Code, the county board of developmental disabilities	91500
shall:	91501

(1) Administer and operate facilities, programs, and services	91502
as provided by this chapter and Chapter 3323. of the Revised Code	91503
and establish policies for their administration and operation;	91504

(2) Coordinate, monitor, and evaluate existing services and	91505
facilities available to individuals with mental retardation and	91506
developmental disabilities;	91507

(3) Provide early childhood services, supportive home	91508
services, and adult services, according to the plan and priorities	91509
developed under section 5126.04 of the Revised Code;	91510

(4) Provide or contract for special education services	91511
pursuant to Chapters 3317. and 3323. of the Revised Code and	91512
ensure that related services, as defined in section 3323.01 of the	91513
Revised Code, are available according to the plan and priorities	91514
developed under section 5126.04 of the Revised Code;	91515

(5) Adopt a budget, authorize expenditures for the purposes	91516
specified in this chapter and do so in accordance with section	91517
319.16 of the Revised Code, approve attendance of board members	91518
and employees at professional meetings and approve expenditures	91519
for attendance, and exercise such powers and duties as are	91520
prescribed by the director;	91521

(6) Submit annual reports of its work and expenditures,	91522
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	91523
the director, the superintendent of public instruction, and the	91524
board of county commissioners at the close of the fiscal year and	91525
at such other times as may reasonably be requested;	91526

(7) Authorize all positions of employment, establish	91527
compensation, including but not limited to salary schedules and	91528
fringe benefits for all board employees, approve contracts of	91529
employment for management employees that are for a term of more	91530
than one year, employ legal counsel under section 309.10 of the	91531
Revised Code, and contract for employee benefits;	91532

(8) Provide service and support administration in accordance	91533
with section 5126.15 of the Revised Code;	91534

(9) Certify respite care homes pursuant to rules adopted	91535
under section 5123.171 of the Revised Code by the director of	91536
developmental disabilities;	91537

(10) Implement an employment first policy that clearly	91538
identifies community employment as the desired outcome for every	91539
individual of working age who receives services from the board;	91540

(11) Set benchmarks for improving community employment	91541
outcomes;	91542

(12) Establish a list of services, from least to most	91543
integrated, that improve community employment outcomes.	91544

(B) To the extent that rules adopted under this section apply	91545
to the identification and placement of children with disabilities	91546
under Chapter 3323. of the Revised Code, they shall be consistent	91547
with the standards and procedures established under sections	91548
3323.03 to 3323.05 of the Revised Code.	91549

(C) Any county board may enter into contracts with other such	91550
boards and with public or private, nonprofit, or profit-making	91551
agencies or organizations of the same or another county, to	91552
provide the facilities, programs, and services authorized or	91553
required, upon such terms as may be agreeable, and in accordance	91554
with this chapter and Chapter 3323. of the Revised Code and rules	91555
adopted thereunder and in accordance with sections 307.86 and	91556
5126.071 of the Revised Code.	91557

(D) A county board may combine transportation for children	91558
and adults enrolled in programs and services offered under Chapter	91559
5126. of the Revised Code with transportation for children	91560
enrolled in classes funded under ~~section~~sections 3317.0213 and	91561
3317.20 ~~or units approved under section 3317.05~~ of the Revised	91562
Code.	91563

(E) A county board may purchase all necessary insurance	91564
policies, may purchase equipment and supplies through the	91565
department of administrative services or from other sources, and	91566
may enter into agreements with public agencies or nonprofit	91567
organizations for cooperative purchasing arrangements.	91568

(F) A county board may receive by gift, grant, devise, or	91569
bequest any moneys, lands, or property for the benefit of the	91570
purposes for which the board is established and hold, apply, and	91571
dispose of the moneys, lands, and property according to the terms	91572
of the gift, grant, devise, or bequest. All money received by	91573
gift, grant, bequest, or disposition of lands or property received	91574
by gift, grant, devise, or bequest shall be deposited in the	91575
county treasury to the credit of such board and shall be available	91576
for use by the board for purposes determined or stated by the	91577
donor or grantor, but may not be used for personal expenses of the	91578
board members. Any interest or earnings accruing from such gift,	91579
grant, devise, or bequest shall be treated in the same manner and	91580
subject to the same provisions as such gift, grant, devise, or	91581
bequest.	91582

(G) The board of county commissioners shall levy taxes and	91583
make appropriations sufficient to enable the county board of	91584
developmental disabilities to perform its functions and duties,	91585
and may utilize any available local, state, and federal funds for	91586
such purpose.	91587

Sec. 5126.051. (A) To the extent that resources are	91588
available, a county board of developmental disabilities shall	91589
provide for or arrange residential services and supported living	91590
for individuals with mental retardation and developmental	91591
disabilities.	91592

A county board may acquire, convey, lease, or sell property	91593
for residential services and supported living and enter into loan	91594
agreements, including mortgages, for the acquisition of such	91595
property. A county board is not required to comply with provisions	91596
of Chapter 307. of the Revised Code providing for competitive	91597
bidding or sheriff sales in the acquisition, lease, conveyance, or	91598
sale of property under this division, but the acquisition, lease,	91599
conveyance, or sale must be at fair market value determined by	91600
appraisal of one or more disinterested persons appointed by the	91601
board.	91602

Any action taken by a county board under this division that	91603
will incur debt on the part of the county shall be taken in	91604
accordance with Chapter 133. of the Revised Code. A county board	91605
shall not incur any debt on the part of the county without the	91606
prior approval of the board of county commissioners.	91607

(B)(1) To the extent that resources are available, in	91608
~~addition to sheltered employment and work activities provided as~~a	91609
county board shall provide or arrange for the provision of adult	91610
services pursuant to division (A)(3) of section 5126.05 of the	91611
Revised Code, ~~a county board of developmental disabilities may~~	91612
~~provide or arrange for~~including job training, vocational	91613
evaluation, and community employment services to ~~mentally retarded~~	91614
~~and developmentally disabled~~ individuals who are age eighteen and	91615
older and not enrolled in a program or service under Chapter 3323.	91616
of the Revised Code or age sixteen or seventeen and eligible for	91617
adult services under rules adopted by the director of	91618
developmental disabilities under Chapter 119. of the Revised Code.	91619
These services shall be provided in accordance with the	91620
individual's individual service or habilitation plan and shall	91621
include support services specified in the plan.	91622

(2) A county board may, in cooperation with the ~~Ohio~~	91623
rehabilitation services commission, seek federal funds for job	91624
training and community employment services.	91625

(3) A county board may contract with any agency, board, or	91626
other entity that is accredited by the commission on accreditation	91627
of rehabilitation facilities to provide services. A county board	91628
that is accredited by the commission on accreditation of	91629
rehabilitation facilities may provide services for which it is	91630
certified by the commission.	91631

(C) To the extent that resources are available, a county	91632
board may provide services to an individual with mental	91633
retardation or other developmental disability in addition to those	91634
provided pursuant to this section, section 5126.05 of the Revised	91635
Code, or any other section of this chapter. The services shall be	91636
provided in accordance with the individual's habilitation or	91637
service plan and may be provided in collaboration with other	91638
entities of state or local government.	91639

Sec. 5126.054. (A) Each county board of developmental	91640
disabilities shall, by resolution, develop a three-calendar year	91641
plan that includes the following three components:	91642

(1) An assessment component that includes all of the	91643
following:	91644

(a) The number of individuals with mental retardation or	91645
other developmental disability residing in the county who need the	91646
level of care provided by an ~~intermediate care facility for the~~	91647
~~mentally retarded~~ICF/MR, may seek home and community-based	91648
services, and are given priority on a waiting list established for	91649
the services pursuant to section 5126.042 of the Revised Code; the	91650
service needs of those individuals; and the projected annualized	91651
cost for services;	91652

(b) The source of funds available to the county board to pay	91653
the nonfederal share of medicaid expenditures that the county	91654
board is required by sections 5126.059 and 5126.0510 of the	91655
Revised Code to pay;	91656

(c) Any other applicable information or conditions that the	91657
department of developmental disabilities requires as a condition	91658
of approving the component under section 5123.046 of the Revised	91659
Code.	91660

(2) A preliminary implementation component that specifies the	91661
number of individuals to be provided, during the first year that	91662
the plan is in effect, home and community-based services pursuant	91663
to the waiting list priority given to them under section 5126.042	91664
of the Revised Code and the types of home and community-based	91665
services the individuals are to receive;	91666

(3) A component that provides for the implementation of	91667
medicaid case management services and home and community-based	91668
services for individuals who begin to receive the services on or	91669
after the date the plan is approved under section 5123.046 of the	91670
Revised Code. A county board shall include all of the following in	91671
the component:	91672

(a) If the department of developmental disabilities or	91673
department of ~~job and family services~~medicaid requires, an	91674
agreement to pay the nonfederal share of medicaid expenditures	91675
that the county board is required by sections 5126.059 and	91676
5126.0510 of the Revised Code to pay;	91677

(b) How the services are to be phased in over the period the	91678
plan covers, including how the county board will serve individuals	91679
who have priority on a waiting list established under section	91680
5126.042 of the Revised Code;	91681

(c) Any agreement or commitment regarding the county board's	91682
funding of home and community-based services that the county board	91683
has with the department at the time the county board develops the	91684
component;	91685

(d) Assurances adequate to the department that the county	91686
board will comply with all of the following requirements:	91687

(i) To provide the types of home and community-based services	91688
specified in the preliminary implementation component required by	91689
division (A)(2) of this section to at least the number of	91690
individuals specified in that component;	91691

(ii) To use any additional funds the county board receives	91692
for the services to improve the county board's resource	91693
capabilities for supporting such services available in the county	91694
at the time the component is developed and to expand the services	91695
to accommodate the unmet need for those services in the county;	91696

(iii) To employ or contract with a business manager or enter	91697
into an agreement with another county board of developmental	91698
disabilities that employs or contracts with a business manager to	91699
have the business manager serve both county boards. No	91700
superintendent of a county board may serve as the county board's	91701
business manager.	91702

(iv) To employ or contract with a medicaid services manager	91703
or enter into an agreement with another county board of	91704
developmental disabilities that employs or contracts with a	91705
medicaid services manager to have the medicaid services manager	91706
serve both county boards. No superintendent of a county board may	91707
serve as the county board's medicaid services manager.	91708

(e) Programmatic and financial accountability measures and	91709
projected outcomes expected from the implementation of the plan;	91710

(f) Any other applicable information or conditions that the	91711
department requires as a condition of approving the component	91712
under section 5123.046 of the Revised Code.	91713

(B) A county board whose plan developed under division (A) of	91714
this section is approved by the department under section 5123.046	91715
of the Revised Code shall update and renew the plan in accordance	91716
with a schedule the department shall develop.	91717

Sec. 5126.055. (A) Except as provided in section 5126.056 of	91718
the Revised Code, a county board of developmental disabilities has	91719
medicaid local administrative authority to, and shall, do all of	91720
the following for an individual with mental retardation or other	91721
developmental disability who resides in the county that the county	91722
board serves and seeks or receives home and community-based	91723
services:	91724

(1) Perform assessments and evaluations of the individual. As	91725
part of the assessment and evaluation process, the county board	91726
shall do all of the following:	91727

(a) Make a recommendation to the department of developmental	91728
disabilities on whether the department should approve or deny the	91729
individual's application for the services, including on the basis	91730
of whether the individual needs the level of care an ~~intermediate~~	91731
~~care facility for the mentally retarded~~ICF/MR provides;	91732

(b) If the individual's application is denied because of the	91733
county board's recommendation and the individual ~~requests a~~	91734
~~hearing under~~appeals pursuant to section ~~5101.35~~5160.31 of the	91735
Revised Code, present, with the department of developmental	91736
disabilities or department of ~~job and family services~~medicaid,	91737
whichever denies the application, the reasons for the	91738
recommendation and denial at the hearing;	91739

(c) If the individual's application is approved, recommend to	91740
the departments of developmental disabilities and ~~job and family~~	91741
~~services~~medicaid the services that should be included in the	91742
individual's individualized service plan and, if either department	91743
approves, reduces, denies, or terminates a service included in the	91744
individual's individualized service plan under section ~~5111.871~~	91745
5166.20 of the Revised Code because of the county board's	91746
recommendation, present, with the department that made the	91747
approval, reduction, denial, or termination, the reasons for the	91748
recommendation and approval, reduction, denial, or termination at	91749
a hearing held pursuant to an appeal made under section ~~5101.35~~	91750
5160.31 of the Revised Code.	91751

(2) Perform any duties assigned to the county board in rules	91752
adopted under section 5126.046 of the Revised Code regarding the	91753
individual's right to choose a qualified and willing provider of	91754
the services and, at a hearing held pursuant to an appeal made	91755
under section ~~5101.35~~5160.31 of the Revised Code, present	91756
evidence of the process for appropriate assistance in choosing	91757
providers;	91758

(3) If the county board is certified under section 5123.161	91759
of the Revised Code to provide the services and agrees to provide	91760
the services to the individual and the individual chooses the	91761
county board to provide the services, furnish, in accordance with	91762
the county board's medicaid provider agreement and for the	91763
authorized reimbursement rate, the services the individual	91764
requires;	91765

(4) Monitor the services provided to the individual and	91766
ensure the individual's health, safety, and welfare. The	91767
monitoring shall include quality assurance activities. If the	91768
county board provides the services, the department of	91769
developmental disabilities shall also monitor the services.	91770

(5) Develop, with the individual and the provider of the	91771
individual's services, an effective individualized service plan	91772
that includes coordination of services, recommend that the	91773
departments of developmental disabilities and ~~job and family~~	91774
~~services~~medicaid approve the plan, and implement the plan unless	91775
either department disapproves it. The individualized service plan	91776
shall include a summary page, agreed to by the county board,	91777
provider, and individual receiving services, that clearly outlines	91778
the amount, duration, and scope of services to be provided under	91779
the plan.	91780

(6) Have an investigative agent conduct investigations under	91781
section 5126.313 of the Revised Code that concern the individual;	91782

(7) Have a service and support administrator perform the	91783
duties under division (B)(9) of section 5126.15 of the Revised	91784
Code that concern the individual.	91785

(B) A county board shall perform its medicaid local	91786
administrative authority under this section in accordance with all	91787
of the following:	91788

(1) The county board's plan that the department of	91789
developmental disabilities approves under section 5123.046 of the	91790
Revised Code;	91791

(2) All applicable federal and state laws;

91792

(3) All applicable policies of the departments of	91793
developmental disabilities and ~~job and family services~~medicaid	91794
and the United States department of health and human services;	91795

(4) The department of ~~job and family services'~~medicaid's	91796
supervision under its authority ~~under section 5111.01 of the~~	91797
~~Revised Code to act~~ as the single state medicaid agency;	91798

(5) The department of developmental disabilities' oversight.

91799

(C) The departments of developmental disabilities and ~~job and~~	91800
~~family services~~medicaid shall communicate with and provide	91801
training to county boards regarding medicaid local administrative	91802
authority granted by this section. The communication and training	91803
shall include issues regarding audit protocols and other standards	91804
established by the United States department of health and human	91805
services that the departments determine appropriate for	91806
communication and training. County boards shall participate in the	91807
training. The departments shall assess the county board's	91808
compliance against uniform standards that the departments shall	91809
establish.	91810

(D) A county board may not delegate its medicaid local	91811
administrative authority granted under this section but may	91812
contract with a person or government entity, including a council	91813
of governments, for assistance with its medicaid local	91814
administrative authority. A county board that enters into such a	91815
contract shall notify the director of developmental disabilities.	91816
The notice shall include the tasks and responsibilities that the	91817
contract gives to the person or government entity. The person or	91818
government entity shall comply in full with all requirements to	91819
which the county board is subject regarding the person or	91820
government entity's tasks and responsibilities under the contract.	91821
The county board remains ultimately responsible for the tasks and	91822
responsibilities.	91823

(E) A county board that has medicaid local administrative	91824
authority under this section shall, through the departments of	91825
developmental disabilities and ~~job and family services~~medicaid,	91826
reply to, and cooperate in arranging compliance with, a program or	91827
fiscal audit or program violation exception that a state or	91828
federal audit or review discovers. The department of ~~job and~~	91829
~~family services~~medicaid shall timely notify the department of	91830
developmental disabilities and the county board of any adverse	91831
findings. After receiving the notice, the county board, in	91832
conjunction with the department of developmental disabilities,	91833
shall cooperate fully with the department of ~~job and family~~	91834
~~services~~medicaid and timely prepare and send to the department a	91835
written plan of correction or response to the adverse findings.	91836
The county board is liable for any adverse findings that result	91837
from an action it takes or fails to take in its implementation of	91838
medicaid local administrative authority.	91839

(F) If the department of developmental disabilities or	91840
department of ~~job and family services~~medicaid determines that a	91841
county board's implementation of its medicaid local administrative	91842
authority under this section is deficient, the department that	91843
makes the determination shall require that county board do the	91844
following:	91845

(1) If the deficiency affects the health, safety, or welfare	91846
of an individual with mental retardation or other developmental	91847
disability, correct the deficiency within twenty-four hours;	91848

(2) If the deficiency does not affect the health, safety, or	91849
welfare of an individual with mental retardation or other	91850
developmental disability, receive technical assistance from the	91851
department or submit a plan of correction to the department that	91852
is acceptable to the department within sixty days and correct the	91853
deficiency within the time required by the plan of correction.	91854

Sec. 5126.131. (A)(1) Each regional council established	91855
under section 5126.13 of the Revised Code shall file with the	91856
department of developmental disabilities an annual cost report	91857
detailing the regional council's income and expenditures.	91858

(2) Each county board of developmental disabilities shall	91859
file with the department an annual cost report detailing the	91860
board's income and expenditures.	91861

(B)(1)(a) Unless the department establishes a later date for	91862
all regional council cost reports, each council shall file its	91863
cost report not later than the last day of April. At the written	91864
request of a regional council, the department may grant a	91865
fourteen-day extension for filing the cost report.	91866

(b) Unless the department establishes a later date for all	91867
county board cost reports, each board shall file its cost report	91868
not later than the last day of May. At the written request of a	91869
board, the department may grant a fourteen-day extension for	91870
filing the board's cost report.	91871

(2) The cost report shall contain information on the previous	91872
calendar year's income and expenditures. Once filed by a regional	91873
council or board, no changes may be made to the cost report,	91874
including the submission of additional documentation, except as	91875
otherwise provided in this section.	91876

(C) Each cost report filed under this section by a regional	91877
council or board shall be audited by the department or an entity	91878
designated by the department. The department or designated entity	91879
shall notify the regional council or board of the date on which	91880
the audit is to begin. The department may permit a regional	91881
council or board to submit changes to the cost report before the	91882
audit begins.	91883

If the department or designated entity determines that a	91884
filed cost report is not auditable, it shall provide written	91885
notification to the regional council or board of the cost report's	91886
deficiencies and may request additional documentation. If the	91887
department or designated entity requests additional documentation,	91888
the regional council or board shall be given sixty days after the	91889
request is made to provide the additional documentation. After	91890
sixty days, the department or designated entity shall determine	91891
whether the cost report is auditable with any additional	91892
documentation provided and shall notify the regional council or	91893
board of its determination. The determination of the department or	91894
designated entity is final.	91895

(D) The department or designated entity shall certify its	91896
audit as complete and file a copy of the certified audit in the	91897
office of the clerk of the governing body, executive officer of	91898
the governing body, and chief fiscal officer of the audited	91899
regional council or board. Changes may not be made to a cost	91900
report once the department or designated entity files the	91901
certified audit. The cost report is not a public record under	91902
section 149.43 of the Revised Code until copies of the cost report	91903
are filed pursuant to this section.	91904

(E) The department may withhold any funds that it distributes	91905
to a regional council or board as subsidy payments if either of	91906
the following is the case:	91907

(1) The cost report is not timely filed by the regional	91908
council or board with the department in accordance with division	91909
(B) of this section.	91910

(2) The cost report is determined not auditable under	91911
division (C) of this section after the department or designated	91912
entity gives the regional council or board sixty days to provide	91913
additional documentation.	91914

(F) Cost reports shall be retained by regional councils and	91915
boards for seven years. The department shall provide annual	91916
training to regional council and board employees regarding cost	91917
reports required by this section.	91918

(G) The department, in accordance with Chapter 119. of the	91919
Revised Code, may adopt any rules necessary to implement this	91920
section.	91921

Sec. 5126.24. (A) As used in this section:

91922

(1) "License" means an educator license issued by the state	91923
board of education under section 3319.22 of the Revised Code or a	91924
certificate issued by the department of developmental	91925
disabilities.	91926

(2) "Teacher" means a person employed by a county board of	91927
developmental disabilities in a position that requires a license.	91928

(3) "Nonteaching employee" means a person employed by a	91929
county board of developmental disabilities in a position that does	91930
not require a license.	91931

(4) "Years of service" includes all service described in	91932
division (A) of section ~~3317.13~~3317.14 of the Revised Code.	91933

(B) Subject to rules established by the director of	91934
developmental disabilities pursuant to Chapter 119. of the Revised	91935
Code, each county board of developmental disabilities shall	91936
annually adopt separate salary schedules for teachers and	91937
nonteaching employees.	91938

(C) The teachers' salary schedule shall provide for	91939
increments based on training and years of service. The board may	91940
establish its own service requirements ~~provided no teacher~~	91941
~~receives less than the salary the teacher would be paid under~~	91942
~~section 3317.13 of the Revised Code if the teacher were employed~~	91943
~~by a school district board of education and~~ provided full credit	91944
for a minimum of five years of actual teaching and military	91945
experience as defined in division (A) of such section is given to	91946
each teacher.	91947

Each teacher who has completed training that would qualify	91948
the teacher for a higher salary bracket pursuant to this section	91949
shall file by the fifteenth day of September with the fiscal	91950
officer of the board, satisfactory evidence of the completion of	91951
such additional training. The fiscal officer shall then	91952
immediately place the teacher, pursuant to this section, in the	91953
proper salary bracket in accordance with training and years of	91954
service. ~~No teacher shall be paid less than the salary to which~~	91955
~~the teacher would be entitled under section 3317.13 of the Revised~~	91956
~~Code if the teacher were employed by a school district board of~~	91957
~~education.~~	91958

The superintendent of each county board, on or before the	91959
fifteenth day of October of each year, shall certify to the state	91960
board of education the name of each teacher employed, on an annual	91961
salary, in each special education program operated pursuant to	91962
section 3323.09 of the Revised Code during the first full school	91963
week of October. The superintendent further shall certify, for	91964
each teacher, the number of years of training completed at a	91965
recognized college, the degrees earned from a college recognized	91966
by the state board, the type of license held, the number of months	91967
employed by the board, the annual salary, and other information	91968
that the state board may request.	91969

(D) The nonteaching employees' salary schedule established by	91970
the board shall be based on training, experience, and	91971
qualifications with initial salaries no less than salaries in	91972
effect on July 1, 1985. Each board shall prepare and may amend	91973
from time to time, specifications descriptive of duties,	91974
responsibilities, requirements, and desirable qualifications of	91975
the classifications of employees required to perform the duties	91976
specified in the salary schedule. All nonteaching employees shall	91977
be notified of the position classification to which they are	91978
assigned and the salary for the classification. The compensation	91979
of all nonteaching employees working for a particular board shall	91980
be uniform for like positions except as compensation would be	91981
affected by salary increments based upon length of service.	91982

On the fifteenth day of October of each year the nonteaching	91983
employees' salary schedule and list of job classifications and	91984
salaries in effect on that date shall be filed by each board with	91985
the superintendent of public instruction. If such salary schedule	91986
and classification plan is not filed, the superintendent of public	91987
instruction shall order the board to file such schedule and list	91988
forthwith. If this condition is not corrected within ten days	91989
after receipt of the order from the superintendent, no money shall	91990
be distributed to the board under Chapter 3317. of the Revised	91991
Code until the superintendent has satisfactory evidence of the	91992
board's full compliance with such order.	91993

Sec. 5139.03. The department of youth services shall control	91994
and manage all state institutions or facilities established or	91995
created for the training or rehabilitation of delinquent children	91996
committed to the department, except where the control and	91997
management of an institution or facility is vested by law in	91998
another agency. The department shall employ, in addition to other	91999
personnel authorized under Chapter 5139. of the Revised Code,	92000
sufficient personnel to maintain food service and buildings and	92001
grounds operations.	92002

The department of youth services shall, insofar as	92003
practicable, purchase foods and other commodities incident to food	92004
service operations from the department of ~~mental health~~mental	92005
health and addiction services. The department of youth services	92006
may enter into agreements with the department of ~~mental health~~	92007
mental health and addiction services providing for assistance and	92008
consultation in the construction of, or major modifications to,	92009
capital facilities of the department of youth services.	92010

The directors of ~~mental health~~mental health and addiction	92011
services and of youth services shall enter into written agreements	92012
to implement this section. Such directors may, from time to time,	92013
amend any agreements entered into under this section for the	92014
purposes of making more efficient use of personnel, taking	92015
advantage of economies in quantity purchasing, or for any other	92016
purpose which is mutually advantageous to both the department of	92017
youth services and the department of ~~mental health~~mental health	92018
and addiction services.	92019

The department of youth services may transfer any of its	92020
excess or surplus supplies to a community corrections facility.	92021
These supplies shall remain the property of the department for a	92022
period of five years from the date of the transfer. After the	92023
five-year period, the supplies shall become the property of the	92024
facility.	92025

Sec. 5139.04. The department of youth services shall do all	92026
of the following:	92027

(A) Support service districts through a central	92028
administrative office that shall have as its administrative head a	92029
deputy director who shall be appointed by the director of the	92030
department. When a vacancy occurs in the office of that deputy	92031
director, an assistant deputy director shall act as that deputy	92032
director until the vacancy is filled. The position of deputy	92033
director and assistant deputy director described in this division	92034
shall be in the unclassified civil service of the state.	92035

(B) Receive custody of all children committed to it under	92036
Chapter 2152. of the Revised Code, cause a study to be made of	92037
those children, and issue any orders, as it considers best suited	92038
to the needs of any of those children and the interest of the	92039
public, for the treatment of each of those children;	92040

(C) Obtain personnel necessary for the performance of its	92041
duties;	92042

(D) Adopt rules that regulate its organization and operation,	92043
that implement sections 5139.34 and 5139.41 to 5139.43 of the	92044
Revised Code, and that pertain to the administration of other	92045
sections of this chapter;	92046

(E) Submit reports of its operations to the governor and the	92047
general assembly by the thirty-first day of January of each	92048
odd-numbered year;	92049

(F) Conduct a program of research in diagnosis, training, and	92050
treatment of delinquent children to evaluate the effectiveness of	92051
the department's services and to develop more adequate methods;	92052

(G) Develop a standard form for the disposition investigation	92053
report that a juvenile court is required pursuant to section	92054
2152.18 of the Revised Code to complete and provide to the	92055
department when the court commits a child to the legal custody of	92056
the department;	92057

(H) Allow the state public defender the access authorized	92058
under division (I) of section 120.06 of the Revised Code in order	92059
to fulfill the department's constitutional obligation to provide	92060
juveniles who have been committed to the department's care access	92061
to the courts.	92062

(I) Do all other acts necessary or desirable to carry out	92063
this chapter.	92064

Sec. 5139.08. The department of youth services may enter	92065
into an agreement with the director of rehabilitation and	92066
correction pursuant to which the department of youth services, in	92067
accordance with division (C)(2) of section 5139.06 and section	92068
5120.162 of the Revised Code, may transfer to a correctional	92069
medical center established by the department of rehabilitation and	92070
correction, children who are within its custody for diagnosis or	92071
treatment of an illness, physical condition, or other medical	92072
problem. The department of youth services may enter into any other	92073
agreements with the director of job and family services, the	92074
director of ~~mental health~~mental health and addiction services,	92075
the director of developmental disabilities, the director of	92076
rehabilitation and correction, with the courts having probation	92077
officers or other public officials, and with private agencies or	92078
institutions for separate care or special treatment of children	92079
subject to the control of the department of youth services. The	92080
department of youth services may, upon the request of a juvenile	92081
court not having a regular probation officer, provide probation	92082
services for such court.	92083

Upon request by the department of youth services, any public	92084
agency or group care facility established or administered by the	92085
state for the care and treatment of children and youth shall,	92086
consistent with its functions, accept and care for any child whose	92087
custody is vested in the department in the same manner as it would	92088
be required to do if custody had been vested by a court in such	92089
agency or group care facility. If the department has reasonable	92090
grounds to believe that any child or youth whose custody is vested	92091
in it is mentally ill or mentally retarded, the department may	92092
file an affidavit under section 5122.11 or 5123.76 of the Revised	92093
Code. The department's affidavit for admission of a child or youth	92094
to such institution shall be filed with the probate court of the	92095
county from which the child was committed to the department. Such	92096
court may request the probate court of the county in which the	92097
child is held to conduct the hearing on the application, in which	92098
case the court making such request shall bear the expenses of the	92099
proceeding. If the department files such an affidavit, the child	92100
or youth may be kept in such institution until a final decision on	92101
the affidavit is made by the appropriate court.	92102

Sec. 5139.34. (A) Funds may be appropriated to the	92103
department of youth services for the purpose of granting state	92104
subsidies to counties. A county or the juvenile court that serves	92105
a county shall use state subsidies granted to the county pursuant	92106
to this section only in accordance with divisions (B)(2)(a) and	92107
(3)(a) of section 5139.43 of the Revised Code and the rules	92108
pertaining to the state subsidy funds that the department adopts	92109
pursuant to division (D) of section 5139.04 of the Revised Code.	92110
The department shall not grant financial assistance pursuant to	92111
this section for the provision of care and services for children	92112
in a placement facility unless the facility has been certified,	92113
licensed, or approved by a state or national agency with	92114
certification, licensure, or approval authority, including, but	92115
not limited to, the department of job and family services,	92116
department of education, department of ~~mental health~~mental health	92117
and addiction services, department of developmental disabilities,	92118
or American correctional association. For the purposes of this	92119
section, placement facilities do not include a state institution	92120
or a county or district children's home.	92121

The department also shall not grant financial assistance	92122
pursuant to this section for the provision of care and services	92123
for children, including, but not limited to, care and services in	92124
a detention facility, in another facility, or in out-of-home	92125
placement, unless the minimum standards applicable to the care and	92126
services that the department prescribes in rules adopted pursuant	92127
to division (D) of section 5139.04 of the Revised Code have been	92128
satisfied.	92129

(B) The department of youth services shall apply the	92130
following formula to determine the amount of the annual grant that	92131
each county is to receive pursuant to division (A) of this	92132
section, subject to the appropriation for this purpose to the	92133
department made by the general assembly:	92134

(1) Each county shall receive a basic annual grant of fifty	92135
thousand dollars.	92136

(2) The sum of the basic annual grants provided under	92137
division (B)(1) of this section shall be subtracted from the total	92138
amount of funds appropriated to the department of youth services	92139
for the purpose of making grants pursuant to division (A) of this	92140
section to determine the remaining portion of the funds	92141
appropriated. The remaining portion of the funds appropriated	92142
shall be distributed on a per capita basis to each county that has	92143
a population of more than twenty-five thousand for that portion of	92144
the population of the county that exceeds twenty-five thousand.	92145

(C)(1) Prior to a county's receipt of an annual grant	92146
pursuant to this section, the juvenile court that serves the	92147
county shall prepare, submit, and file in accordance with division	92148
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	92149
agreement and application for funding that is for the combined	92150
purposes of, and that satisfies the requirements of, this section	92151
and section 5139.43 of the Revised Code. In addition to the	92152
subject matters described in division (B)(3)(a) of section 5139.43	92153
of the Revised Code or in the rules that the department adopts to	92154
implement that division, the annual grant agreement and	92155
application for funding shall address fiscal accountability and	92156
performance matters pertaining to the programs, care, and services	92157
that are specified in the agreement and application and for which	92158
state subsidy funds granted pursuant to this section will be used.	92159

(2) The county treasurer of each county that receives an	92160
annual grant pursuant to this section shall deposit the state	92161
subsidy funds so received into the county's felony delinquent care	92162
and custody fund created pursuant to division (B)(1) of section	92163
5139.43 of the Revised Code. Subject to exceptions prescribed in	92164
section 5139.43 of the Revised Code that may apply to the	92165
disbursement, the department shall disburse the state subsidy	92166
funds to which a county is entitled in a lump sum payment that	92167
shall be made in July of each calendar year.	92168

(3) Upon an order of the juvenile court that serves a county	92169
and subject to appropriation by the board of county commissioners	92170
of that county, a county treasurer shall disburse from the	92171
county's felony delinquent care and custody fund the state subsidy	92172
funds granted to the county pursuant to this section for use only	92173
in accordance with this section, the applicable provisions of	92174
section 5139.43 of the Revised Code, and the county's approved	92175
annual grant agreement and application for funding.	92176

(4) The moneys in a county's felony delinquent care and	92177
custody fund that represent state subsidy funds granted pursuant	92178
to this section are subject to appropriation by the board of	92179
county commissioners of the county; shall be disbursed by the	92180
county treasurer as required by division (C)(3) of this section;	92181
shall be used in the manners referred to in division (C)(3) of	92182
this section; shall not revert to the county general fund at the	92183
end of any fiscal year; shall carry over in the felony delinquent	92184
care and custody fund from the end of any fiscal year to the next	92185
fiscal year; shall be in addition to, and shall not be used to	92186
reduce, any usual annual increase in county funding that the	92187
juvenile court is eligible to receive or the current level of	92188
county funding of the juvenile court and of any programs, care, or	92189
services for alleged or adjudicated delinquent children, unruly	92190
children, or juvenile traffic offenders or for children who are at	92191
risk of becoming delinquent children, unruly children, or juvenile	92192
traffic offenders; and shall not be used to pay for the care and	92193
custody of felony ~~deliquents~~delinquents who are in the care and	92194
custody of an institution pursuant to a commitment, recommitment,	92195
or revocation of a release on parole by the juvenile court of that	92196
county or who are in the care and custody of a community	92197
corrections facility pursuant to a placement by the department	92198
with the consent of the juvenile court as described in division	92199
(E) of section 5139.36 of the Revised Code.	92200

(5) As a condition of the continued receipt of state subsidy	92201
funds pursuant to this section, each county and the juvenile court	92202
that serves each county that receives an annual grant pursuant to	92203
this section shall comply with divisions (B)(3)(b), (c), and (d)	92204
of section 5139.43 of the Revised Code.	92205

Sec. 5145.162. (A) There is hereby created the office of	92206
enterprise development advisory ~~council of directors for prison~~	92207
~~labor consisting~~board to advise and assist the department of	92208
rehabilitation and correction with the creation of training	92209
programs and jobs for inmates and releasees through partnerships	92210
with private sector businesses. The board shall consist of at	92211
least five appointed members and the executive director of the	92212
office of the correctional institution inspection committee, who	92213
shall serve as an ex officio member. Each member shall have	92214
experience in labor relations, marketing, business management, or	92215
business. The members and chairperson shall be appointed by the	92216
~~governor~~director of the department of rehabilitation and	92217
correction. ~~Within thirty days after April 9, 1981, the governor~~	92218
~~shall make the initial appointments to the council of directors.~~	92219
~~Of the initial appointments made to the council of directors, two~~	92220
~~shall be for a term ending one year after April 9, 1981, two shall~~	92221
~~be for a term ending two years after that date, and one shall be~~	92222
~~for a term ending three years after that date. After the~~	92223
~~expiration of the initial terms, the terms of office for the~~	92224
~~members shall be for three years, each term ending on the same day~~	92225
~~of the same month of the year as did the term that it succeeds.~~	92226
~~Each member shall hold office from the date of appointment until~~	92227
~~the end of the term for which the member was appointed. Any~~	92228
~~vacancy on the advisory council shall be filled by the governor.~~	92229
~~Any member appointed to fill a vacancy occurring prior to the~~	92230
~~expiration of the term for which the member's predecessor was~~	92231
~~appointed shall hold office for the remainder of the predecessor's~~	92232
~~term. Any member shall continue in office subsequent to the~~	92233
~~expiration date of the member's term until a successor takes~~	92234
~~office, or until a period of sixty days has elapsed, whichever~~	92235
~~occurs first.~~	92236

(B) Each member of the advisory ~~council, while engaged in the~~	92237
~~performance of the business of the advisory council,~~board shall	92238
receive no compensation but may be reimbursed for expenses	92239
actually and necessarily incurred in the performance of official	92240
duties of the board. Members of the board who are state employees	92241
shall be reimbursed for expenses pursuant to travel rules	92242
promulgated by the office of budget and management.	92243

(C) The advisory ~~council~~board shall adopt procedures for the	92244
conduct of the board's meetings. The board shall meet ~~within two~~	92245
~~weeks after the initial members have been appointed at a time and~~	92246
~~place determined by the governor. At its first meeting, the~~	92247
~~advisory council shall elect a chairperson and shall adopt rules~~	92248
~~for its procedures. The advisory council shall elect a new~~	92249
~~chairperson annually at its January meeting. The advisory council~~	92250
~~shall meet at least once every January and~~ at least once every ~~two~~	92251
~~months thereafter~~quarter, and otherwise shall meet at the call of	92252
the chairperson or ~~upon~~ the ~~written request of at least a quorum~~	92253
~~of the members. Three~~director of the department of rehabilitation	92254
and correction. Sixty per cent of the members ~~constitutes~~shall	92255
constitute a quorum~~, and no action~~. No transaction of the board's	92256
business shall be taken without the concurrence of a quorum of the	92257
members. The board may have committees with persons who are not	92258
members of the board but whose experience and expertise is	92259
relevant and useful to the work of the committee.	92260

(D) The advisory ~~council~~board shall ~~advise and assist the~~	92261
~~department of rehabilitation and correction when the department~~	92262
~~adopts rules pursuant to division (B) of section 5145.03 of the~~	92263
~~Revised Code, establishes prices for goods, products, services, or~~	92264
~~labor produced or supplied by prisoners, and otherwise establishes~~	92265
~~and administers the program for employment of prisoners~~	92266
~~established by the department pursuant to division (A) of section~~	92267
~~5145.16 of the Revised Code. The department shall consider the~~	92268
~~advice and assistance of the advisory council that is provided~~	92269
~~pursuant to this section, and shall cooperate with the advisory~~	92270
~~council. The advisory council may recommend~~have the following	92271
duties:	92272

(1) Solicit business proposals offering job training,	92273
apprenticeship, education programs, and employment opportunities	92274
for inmates and releasees;	92275

(2) Provide information and input to the office of enterprise	92276
development to support the job training and employment program of	92277
inmates and releasees and any additional, related duties as	92278
requested by the director of the department of rehabilitation and	92279
correction;	92280

(3) Recommend to the ~~general assembly~~office of enterprise	92281
development any ~~further~~ legislation, administrative rule, or	92282
department policy change that itthe board believes is necessary	92283
to implement the department's program ~~of employment of prisoners~~;	92284

(4) Promote public awareness of the office of enterprise	92285
development and the office's employment program;	92286

(5) Familiarize itself and the public with avenues to access	92287
the office of enterprise development on employment program	92288
concerns;	92289

(6) Advocate for the needs and concerns of the office of	92290
enterprise development in local communities, counties, and the	92291
state;	92292

(7) Play an active role in the office of enterprise	92293
development's efforts to reduce recidivism in the state by doing	92294
all of the following:	92295

(a) Providing input and making recommendations for the	92296
office's consideration in monitoring employment program compliance	92297
and effectiveness;	92298

(b) Making suggestions on the appropriate priorities for the	92299
office's grant award criteria;	92300

(c) Being a liaison between the office and constituents of	92301
the board's members;	92302

(d) Working to develop constituent groups interested in	92303
employment program issues;	92304

(8) Aid in the employment program development process by	92305
playing a leadership role in professional associations by	92306
discussing employment program issues.	92307

(E) The department of rehabilitation and correction shall	92308
initially screen each proposal obtained under division (D)(1) of	92309
this section to ensure that the proposal is a viable venture to	92310
pursue. If the department determines that a proposal is a viable	92311
venture to pursue, the department shall submit the proposal to the	92312
board for objective review against established guidelines. The	92313
board shall determine whether to recommend the implementation of	92314
the program to the department.	92315

Sec. 5145.18. Any printing or binding performed in a state	92316
correctional institution may be performed for the use of the	92317
institution, the departments of ~~mental health~~mental health and	92318
addiction services, developmental disabilities, and rehabilitation	92319
and correction, the department of public safety in connection with	92320
the registration of motor vehicles, and for any other purpose	92321
authorized by division (B) of section 5145.03 and by sections	92322
5145.16 and 5145.161 of the Revised Code.	92323

Sec. 5153.16. (A) Except as provided in section 2151.422 of	92324
the Revised Code, in accordance with rules adopted under section	92325
5153.166 of the Revised Code, and on behalf of children in the	92326
county whom the public children services agency considers to be in	92327
need of public care or protective services, the public children	92328
services agency shall do all of the following:	92329

(1) Make an investigation concerning any child alleged to be	92330
an abused, neglected, or dependent child;	92331

(2) Enter into agreements with the parent, guardian, or other	92332
person having legal custody of any child, or with the department	92333
of job and family services, department of ~~mental health~~mental	92334
health and addiction services, department of developmental	92335
disabilities, other department, any certified organization within	92336
or outside the county, or any agency or institution outside the	92337
state, having legal custody of any child, with respect to the	92338
custody, care, or placement of any child, or with respect to any	92339
matter, in the interests of the child, provided the permanent	92340
custody of a child shall not be transferred by a parent to the	92341
public children services agency without the consent of the	92342
juvenile court;	92343

(3) Accept custody of children committed to the public	92344
children services agency by a court exercising juvenile	92345
jurisdiction;	92346

(4) Provide such care as the public children services agency	92347
considers to be in the best interests of any child adjudicated to	92348
be an abused, neglected, or dependent child the agency finds to be	92349
in need of public care or service;	92350

(5) Provide social services to any unmarried girl adjudicated	92351
to be an abused, neglected, or dependent child who is pregnant	92352
with or has been delivered of a child;	92353

(6) Make available to the bureau for children with medical	92354
handicaps of the department of health at its request any	92355
information concerning a crippled child found to be in need of	92356
treatment under sections 3701.021 to 3701.028 of the Revised Code	92357
who is receiving services from the public children services	92358
agency;	92359

(7) Provide temporary emergency care for any child considered	92360
by the public children services agency to be in need of such care,	92361
without agreement or commitment;	92362

(8) Find certified foster homes, within or outside the	92363
county, for the care of children, including handicapped children	92364
from other counties attending special schools in the county;	92365

(9) Subject to the approval of the board of county	92366
commissioners and the state department of job and family services,	92367
establish and operate a training school or enter into an agreement	92368
with any municipal corporation or other political subdivision of	92369
the county respecting the operation, acquisition, or maintenance	92370
of any children's home, training school, or other institution for	92371
the care of children maintained by such municipal corporation or	92372
political subdivision;	92373

(10) Acquire and operate a county children's home, establish,	92374
maintain, and operate a receiving home for the temporary care of	92375
children, or procure certified foster homes for this purpose;	92376

(11) Enter into an agreement with the trustees of any	92377
district children's home, respecting the operation of the district	92378
children's home in cooperation with the other county boards in the	92379
district;	92380

(12) Cooperate with, make its services available to, and act	92381
as the agent of persons, courts, the department of job and family	92382
services, the department of health, and other organizations within	92383
and outside the state, in matters relating to the welfare of	92384
children, except that the public children services agency shall	92385
not be required to provide supervision of or other services	92386
related to the exercise of parenting time rights granted pursuant	92387
to section 3109.051 or 3109.12 of the Revised Code or	92388
companionship or visitation rights granted pursuant to section	92389
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	92390
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	92391
a common pleas court, pursuant to division (E)(6) of section	92392
3113.31 of the Revised Code, requires the provision of supervision	92393
or other services related to the exercise of the parenting time	92394
rights or companionship or visitation rights;	92395

(13) Make investigations at the request of any superintendent	92396
of schools in the county or the principal of any school concerning	92397
the application of any child adjudicated to be an abused,	92398
neglected, or dependent child for release from school, where such	92399
service is not provided through a school attendance department;	92400

(14) Administer funds provided under Title IV-E of the	92401
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	92402
amended, in accordance with rules adopted under section 5101.141	92403
of the Revised Code;	92404

(15) In addition to administering Title IV-E adoption	92405
assistance funds, enter into agreements to make adoption	92406
assistance payments under section 5153.163 of the Revised Code;	92407

(16) Implement a system of safety and risk assessment, in	92408
accordance with rules adopted by the director of job and family	92409
services, to assist the public children services agency in	92410
determining the risk of abuse or neglect to a child;	92411

(17) Enter into a plan of cooperation with the board of	92412
county commissioners under section 307.983 of the Revised Code and	92413
comply with each fiscal agreement the board enters into under	92414
section 307.98 of the Revised Code that include family services	92415
duties of public children services agencies and contracts the	92416
board enters into under sections 307.981 and 307.982 of the	92417
Revised Code that affect the public children services agency;	92418

(18) Make reasonable efforts to prevent the removal of an	92419
alleged or adjudicated abused, neglected, or dependent child from	92420
the child's home, eliminate the continued removal of the child	92421
from the child's home, or make it possible for the child to return	92422
home safely, except that reasonable efforts of that nature are not	92423
required when a court has made a determination under division	92424
(A)(2) of section 2151.419 of the Revised Code;	92425

(19) Make reasonable efforts to place the child in a timely	92426
manner in accordance with the permanency plan approved under	92427
division (E) of section 2151.417 of the Revised Code and to	92428
complete whatever steps are necessary to finalize the permanent	92429
placement of the child;	92430

(20) Administer a Title IV-A program identified under	92431
division (A)(4)(c) or ~~(f)~~(g) of section 5101.80 of the Revised	92432
Code that the department of job and family services provides for	92433
the public children services agency to administer under the	92434
department's supervision pursuant to section 5101.801 of the	92435
Revised Code;	92436

(21) Administer the kinship permanency incentive program	92437
created under section 5101.802 of the Revised Code under the	92438
supervision of the director of job and family services;	92439

(22) Provide independent living services pursuant to sections	92440
2151.81 to 2151.84 of the Revised Code;	92441

(23) File a missing child report with a local law enforcement	92442
agency upon becoming aware that a child in the custody of the	92443
public children services agency is or may be missing.	92444

(B) The public children services agency shall use the system	92445
implemented pursuant to division (A)(16) of this section in	92446
connection with an investigation undertaken pursuant to division	92447
(F)(1) of section 2151.421 of the Revised Code to assess both of	92448
the following:	92449

(1) The ongoing safety of the child;

92450

(2) The appropriateness of the intensity and duration of the	92451
services provided to meet child and family needs throughout the	92452
duration of a case.	92453

(C) Except as provided in section 2151.422 of the Revised	92454
Code, in accordance with rules of the director of job and family	92455
services, and on behalf of children in the county whom the public	92456
children services agency considers to be in need of public care or	92457
protective services, the public children services agency may do	92458
the following:	92459

(1) Provide or find, with other child serving systems,	92460
specialized foster care for the care of children in a specialized	92461
foster home, as defined in section 5103.02 of the Revised Code,	92462
certified under section 5103.03 of the Revised Code;	92463

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	92464
this section, contract with the following for the purpose of	92465
assisting the agency with its duties:	92466

(i) County departments of job and family services;

92467

(ii) Boards of alcohol, drug addiction, and mental health	92468
services;	92469

(iii) County boards of developmental disabilities;

92470

(iv) Regional councils of political subdivisions established	92471
under Chapter 167. of the Revised Code;	92472

(v) Private and government providers of services;

92473

(vi) Managed care organizations and prepaid health plans.

92474

(b) A public children services agency contract under division	92475
(C)(2)(a) of this section regarding the agency's duties under	92476
section 2151.421 of the Revised Code may not provide for the	92477
entity under contract with the agency to perform any service not	92478
authorized by the department's rules.	92479

(c) Only a county children services board appointed under	92480
section 5153.03 of the Revised Code that is a public children	92481
services agency may contract under division (C)(2)(a) of this	92482
section. If an entity specified in division (B) or (C) of section	92483
5153.02 of the Revised Code is the public children services agency	92484
for a county, the board of county commissioners may enter into	92485
contracts pursuant to section 307.982 of the Revised Code	92486
regarding the agency's duties.	92487

Sec. 5160.01. As used in this chapter:

92488

(A) "Dual eligible individual" has the same meaning as in the	92489
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	92490
1396n(h)(2)(B). A dual eligible individual is a medicare-medicaid	92491
enrollee (MME).	92492

(B) "Exchange" has the same meaning as in 45 C.F.R. 155.20.

92493

(C) "Federal financial participation" means the federal	92494
government's share of expenditures made by an entity in	92495
implementing a medical assistance program.	92496

(D) "Medical assistance program" means all of the following:

92497

(1) The medicaid program;

92498

(2) The children's health insurance program;

92499

(3) The refugee medical assistance program;

92500

(4) Any other program that provides medical assistance and	92501
state statutes authorize the department of medicaid to administer.	92502

(E) "Medical assistance recipient" means a recipient of a	92503
medical assistance program. To the extent appropriate in the	92504
context, "medical assistance recipient" includes an individual	92505
applying for a medical assistance program, a former medical	92506
assistance recipient, or both.	92507

(F) "Medicaid managed care organization" has the same meaning	92508
as in section 5167.01 of the Revised Code.	92509

(G) "Refugee medical assistance program" means the program	92510
that the department of medicaid administers pursuant to section	92511
5160.50 of the Revised Code.	92512

Sec. 5160.011. References to the department or director of	92513
public welfare, department or director of human services,	92514
department or director of job and family services, office of	92515
medical assistance, or medical assistance director in any statute,	92516
rule, contract, grant, or other document is deemed to refer to the	92517
department of medicaid or medicaid director, as the case may be,	92518
to the extent the reference is about a duty or authority of the	92519
department of medicaid or medicaid director regarding a medical	92520
assistance program.	92521

Sec. 5160.02. The medicaid director shall adopt rules as	92522
necessary to implement this chapter.	92523

Sec. 5160.021. (A) When the medicaid director is authorized	92524
by a statute to adopt a rule, the director shall adopt the rule in	92525
accordance with the following:	92526

(1) Chapter 119. of the Revised Code if either of the	92527
following applies:	92528

(a) The statute authorizing the rule requires that the rule	92529
be adopted in accordance with Chapter 119. of the Revised Code.	92530

(b) Unless division (A)(2)(b) of this section applies, the	92531
statute authorizing the rule does not specify the procedure for	92532
the rule's adoption.	92533

(2) Section 111.15 of the Revised Code, excluding divisions	92534
(D) and (E) of that section, if either of the following applies:	92535

(a) The statute authorizing the rule requires that the rule	92536
be adopted in accordance with section 111.15 of the Revised Code	92537
and, by the terms of division (D) of that section, division (D) of	92538
that section does not apply to the rule.	92539

(b) The statute authorizing the rule does not specify the	92540
procedure for the rule's adoption and the rule concerns the	92541
day-to-day staff procedures and operations of the department of	92542
medicaid or financial and operational matters between the	92543
department and a person or government entity receiving a grant	92544
from the department.	92545

(3) Section 111.15 of the Revised Code, including divisions	92546
(D) and (E) of that section, if the statute authorizing the rule	92547
requires that the rule be adopted in accordance with that section	92548
and the rule is not exempt from the application of division (D) of	92549
that section.	92550

(B) Except as otherwise required by a statute, the adoption	92551
of a rule in accordance with Chapter 119. of the Revised Code does	92552
not make the department of medicaid subject to the notice,	92553
hearing, or other requirements of sections 119.06 to 119.13 of the	92554
Revised Code.	92555

Sec. 5160.03. The medicaid director is the executive head of	92556
the department of medicaid. All duties conferred on the department	92557
by law or order of the director are under the director's control	92558
and shall be performed in accordance with rules the director	92559
adopts.	92560

Sec. 5160.04. The medicaid director shall appoint one	92561
assistant director for the department of medicaid. The assistant	92562
director shall exercise powers, and perform duties, as ordered by	92563
the medicaid director. The assistant director shall act as the	92564
medicaid director in the medicaid director's absence or disability	92565
and when the position of medicaid director is vacant.	92566

Sec. 5160.05. The medicaid director may appoint such	92567
employees as are necessary for the efficient operation of the	92568
department of medicaid. The director may prescribe the title and	92569
duties of the employees.	92570

Sec. 5160.051. If the medicaid director determines that a	92571
position with the department of medicaid can best be filled in	92572
accordance with division (A)(2) of section 124.30 of the Revised	92573
Code or without regard to a residency requirement established by a	92574
rule adopted by the director of administrative services, the	92575
medicaid director shall provide the director of administrative	92576
services certification of the determination.	92577

Sec. 5160.052. The department of medicaid shall collaborate	92578
with the superintendent of the bureau of criminal identification	92579
and investigation to develop procedures and formats necessary to	92580
produce the notices described in division (C) of section 109.5721	92581
of the Revised Code in a format that is acceptable for use by the	92582
department. The medicaid director may adopt rules under section	92583
5160.02 of the Revised Code necessary for such collaboration. Any	92584
such rules shall be adopted in accordance with section 111.15 of	92585
the Revised Code as if they were internal management rules.	92586

The medicaid director may adopt rules under section 5160.02	92587
of the Revised Code necessary for utilizing the information	92588
received pursuant to section 109.5721 of the Revised Code. The	92589
rules shall be adopted in accordance with Chapter 119. of the	92590
Revised Code.	92591

Sec. 5160.06. The medicaid director may require any of the	92592
employees of the department of medicaid who may be charged with	92593
custody or control of any public money or property or who is	92594
required to give bond, to give a bond, properly conditioned, in a	92595
sum to be fixed by the director which when approved by the	92596
director, shall be filed in the office of the secretary of state.	92597
The cost of such bonds, when approved by the director, shall be	92598
paid from funds available for the department. The bonds required	92599
or authorized by this section may, in the discretion of the	92600
director, be individual, schedule, or blanket bonds.	92601

Sec. 5160.10. The medicaid director may expend funds	92602
appropriated or available to the department of medicaid from	92603
persons and government entities. For purposes of this section, the	92604
director may enter into contracts or agreements with persons and	92605
government entities and make grants to persons and government	92606
entities. To the extent permitted by federal law, the director may	92607
advance funds to a grantee when necessary for the grantee to	92608
perform duties under the grant as specified by the director.	92609

The director may adopt rules under section 5160.02 of the	92610
Revised Code as necessary to define terms and adopt procedures and	92611
other provisions necessary to implement this section.	92612

Sec. 5160.11. The state health care grants fund is hereby	92613
created in the state treasury. Money the department of medicaid	92614
receives from private foundations in support of pilot projects	92615
that promote exemplary programs that enhance programs the	92616
department administers shall be credited to the fund. The	92617
department may expend the money on such projects, may use the	92618
money, to the extent allowable, to match federal financial	92619
participation in support of such projects, and shall comply with	92620
requirements the foundations have stipulated in their agreements	92621
with the department as to the purposes for which the money may be	92622
expended.	92623

Sec. 5160.12. (A) As used in this section, "entity" includes	92624
an agency, board, commission, or department of the state or a	92625
political subdivision of the state; a private, nonprofit entity; a	92626
school district; a private school; or a public or private	92627
institution of higher education.	92628

(B) This section does not apply to contracts entered into	92629
under section 5162.32 or 5162.35 of the Revised Code.	92630

(C) At the request of any public entity having authority to	92631
implement a program administered by the department of medicaid or	92632
any private entity under contract with a public entity to	92633
implement a program administered by the department, the department	92634
may seek to obtain federal financial participation for costs	92635
incurred by the entity. Federal financial participation may be	92636
sought from programs operated pursuant to Title XIX of the "Social	92637
Security Act," 42 U.S.C. 1396, et seq., and any other statute or	92638
regulation under which federal financial participation may be	92639
available, except that federal financial participation may be	92640
sought only for expenditures made with funds for which federal	92641
financial participation is available under federal law.	92642

(D) All funds collected by the department pursuant to	92643
division (C) of this section shall be distributed to the entities	92644
that incurred the costs.	92645

(E) In distributing federal financial participation pursuant	92646
to this section, the department may either enter into an agreement	92647
with the entity that is to receive the funds or distribute the	92648
funds in accordance with rules authorized by division (H) of this	92649
section. If the department decides to enter into an agreement to	92650
distribute the funds, the agreement may include terms that do any	92651
of the following:	92652

(1) Provide for the whole or partial reimbursement of any	92653
cost incurred by the entity in implementing the program;	92654

(2) In the event that federal financial participation is	92655
disallowed or otherwise unavailable for any expenditure, require	92656
the department or the entity, whichever party caused the	92657
disallowance or unavailability of federal financial participation,	92658
to assume responsibility for the expenditures;	92659

(3) Require the entity to certify to the department the	92660
availability of sufficient unencumbered funds to match the federal	92661
financial participation the entity receives under this section;	92662

(4) Establish the length of the agreement, which may be for a	92663
fixed or a continuing period of time;	92664

(5) Establish any other requirements determined by the	92665
department to be necessary for the efficient administration of the	92666
agreement.	92667

(F) An entity that receives federal financial participation	92668
pursuant to this section for a program aiding children and their	92669
families shall establish a process for collaborative planning with	92670
the department for the use of the funds to improve and expand the	92671
program.	92672

(G) Federal financial participation received pursuant to this	92673
section shall not be included in any calculation made under	92674
section 5101.16 or 5101.161 of the Revised Code.	92675

(H) The medicaid director may adopt rules under section	92676
5160.02 of the Revised Code as necessary to implement this	92677
section, including rules for the distribution of federal financial	92678
participation pursuant to this section. The rules shall be adopted	92679
in accordance with Chapter 119. of the Revised Code.	92680

Sec. 5160.13. The department of medicaid may enter into	92681
contracts with private entities to maximize federal revenue	92682
without the expenditure of state money. In selecting private	92683
entities with which to contract, the department shall engage in a	92684
request for proposals process. The department, subject to the	92685
approval of the controlling board, may also directly enter into	92686
contracts with public entities providing revenue maximization	92687
services.	92688

Sec. 5160.16. The department of medicaid may appoint and	92689
commission any competent person to serve as a special agent,	92690
investigator, or representative to perform a designated duty for	92691
and on behalf of the department. Specific credentials shall be	92692
given by the department to each person so designated, and each	92693
credential shall state the following:	92694

(A) The person's name;

92695

(B) The agency with which the person is connected;

92696

92697

(D) The date the appointment expires, if appropriate;

92698

(E) Such information as the department considers proper.

92699

Sec. 5160.20. (A) The department of medicaid may conduct any	92700
audits or investigations that are necessary in the performance of	92701
the department's duties, and to that end, the department has the	92702
same power as a judge of a county court to administer oaths and to	92703
enforce the attendance and testimony of witnesses and the	92704
production of books or papers.	92705

The department shall keep a record of the department's audits	92706
and investigations stating the time, place, charges, or subject;	92707
witnesses summoned and examined; and the department's conclusions.	92708

Witnesses shall be paid the fees and mileage provided for	92709
under section 119.094 of the Revised Code.	92710

(B) Any judge of any division of the court of common pleas,	92711
on application of the department, may compel the attendance of	92712
witnesses, the production of books or papers, and the giving of	92713
testimony before the department, by a judgment for contempt or	92714
otherwise, in the same manner as in cases before those courts.	92715

(C) Until an audit report is formally released by the	92716
department, the audit report or any working paper or other	92717
document or record prepared by the department and related to the	92718
audit that is the subject of the audit report is not a public	92719
record under section 149.43 of the Revised Code.	92720

(D) The medicaid director may adopt rules under section	92721
5160.02 of the Revised Code as necessary to implement this	92722
section. The rules shall be adopted in accordance with section	92723
111.15 of the Revised Code as if they were internal management	92724
rules.	92725

Sec. 5160.21. On the request of the medicaid director, the	92726
auditor of state may conduct an audit of any medical assistance	92727
recipient. If the auditor decides to conduct an audit under this	92728
section, the auditor shall enter into an interagency agreement	92729
with the department of medicaid that specifies that the auditor	92730
agrees to comply with section 5160.45 of the Revised Code with	92731
respect to any information the auditor receives pursuant to the	92732
audit.	92733

Sec. 5160.22. (A) The auditor of state and attorney general,	92734
or their designees, may examine any records, whether in computer	92735
or printed format, in the possession of the medicaid director or	92736
any county director of job and family services, regarding medical	92737
assistance programs. The auditor of state and attorney general	92738
shall do both of the following regarding the records:	92739

(1) Provide safeguards that restrict access to the records to	92740
purposes directly connected with an audit or investigation,	92741
prosecution, or criminal or civil proceeding conducted in	92742
connection with the administration of the programs;	92743

(2) Comply, and ensure that their designees comply, with	92744
section 5160.45 of the Revised Code and rules of the medicaid	92745
director restricting the disclosure of information regarding	92746
medical assistance recipients.	92747

(B) Any person who fails to comply with the restriction	92748
specified in division (A) of this section is disqualified from	92749
acting as an agent or employee or in any other capacity under	92750
appointment or employment of any state board, commission, or	92751
agency.	92752

Sec. 5160.23. The auditor of state is responsible for the	92753
costs the auditor incurs in carrying out the auditor's duties	92754
under sections 5160.21 and 5160.22 of the Revised Code.	92755

Sec. 5160.30. (A) Except as provided in divisions (B) and	92756
(C) of this section, the department of medicaid may accept	92757
applications, determine eligibility, redetermine eligibility, and	92758
perform related administrative activities for medical assistance	92759
programs.	92760

(B) The department may enter into agreements with one or more	92761
agencies of the federal government, the state, other states, and	92762
local governments of this or other states to accept applications,	92763
determine eligibility, redetermine eligibility, and perform	92764
related administrative activities on behalf of the department with	92765
respect to medical assistance programs.	92766

(C) If federal law requires a face-to-face interview to	92767
complete an eligibility determination for a medical assistance	92768
program, the department shall not conduct the face-to-face	92769
interview.	92770

(D) Subject to division (C) of this section, if the	92771
department elects to accept applications, determine eligibility,	92772
redetermine eligibility, and perform related administrative	92773
activities for a medical assistance program, both of the following	92774
apply:	92775

(1) An individual may apply for the medical assistance	92776
program to the department or an agency authorized by an agreement	92777
entered into under division (B) of this section to accept the	92778
individual's application;	92779

(2) The department is subject to federal statutes and	92780
regulations and state statutes and rules that require, permit, or	92781
prohibit an action regarding accepting applications, determining	92782
or redetermining eligibility, and performing related	92783
administrative activities for the medical assistance program.	92784

Sec. 5160.31. (A) A medical assistance recipient may appeal	92785
a decision regarding the recipient's eligibility for a medical	92786
assistance program or services available to the recipient under a	92787
medical assistance program.	92788

(B) Regarding appeals authorized by this section, the	92789
department of medicaid shall do one or more of the following:	92790

(1) Administer an appeals process similar to the appeals	92791
process established under section 5101.35 of the Revised Code;	92792

(2) Contract with the department of job and family services	92793
pursuant to section 5162.35 of the Revised Code to provide for the	92794
department of job and family services to hear the appeals in	92795
accordance with section 5101.35 of the Revised Code;	92796

(3) Delegate authority to hear appeals to an exchange or	92797
exchange appeals entity.	92798

(C) If a medical assistance recipient files an appeal as	92799
authorized by this section, the department of medicaid may do	92800
either or both of the following:	92801

(1) Take corrective action regarding the matter being	92802
appealed before a hearing decision regarding the matter is issued;	92803

(2) If a hearing decision, administrative appeal decision, or	92804
court ruling is against the recipient, take action in favor of the	92805
recipient despite the contrary decision or ruling, unless, in the	92806
case of a court's ruling, the ruling prohibits the department from	92807
taking the action.	92808

~~Sec. 5101.571.~~ Sec. 5160.35. As used in sections ~~5101.571~~5160.35	92809
to ~~5101.591~~5160.43 of the Revised Code:	92810

(A) "Information" means all of the following:

92811

(1) An individual's name, address, date of birth, and social	92812
security number;	92813

(2) The group or plan number, or other identifier, assigned	92814
by a third party to a policy held by an individual or a plan in	92815
which the individual participates and the nature of the coverage;	92816

(3) Any other data the medicaid director ~~of job and family~~	92817
~~services~~ specifies in rules ~~adopted under~~authorized by section	92818
~~5101.591~~5160.43 of the Revised Code.	92819

(B) ~~"Medical assistance" means medical items or services~~	92820
~~provided under any of the following:~~	92821

~~(1) Medicaid, as defined in section 5111.01 of the Revised~~	92822
~~Code;~~	92823

~~(2) The children's health insurance program part I, part II,~~	92824
~~and part III established under sections 5101.50, 5101.51, and~~	92825
~~5101.52 of the Revised Code.~~	92826

~~(C)~~ "Medical support" means support specified as support for	92827
the purpose of medical care by order of a court or administrative	92828
agency.	92829

~~(D) "Public assistance" means medical assistance or~~	92830
~~assistance under the Ohio works first program established under~~	92831
~~Chapter 5107. of the Revised Code.~~	92832

~~(E)~~(C)(1) Subject to division ~~(E)~~(C)(2) of this section, and	92833
except as provided in division ~~(E)~~(C)(3) of this section, "third	92834
party" means all of the following:	92835

(a) A person authorized to engage in the business of sickness	92836
and accident insurance under Title XXXIX of the Revised Code;	92837

(b) A person or governmental entity providing coverage for	92838
medical services or items to individuals on a self-insurance	92839
basis;	92840

(c) A health insuring corporation as defined in section	92841
1751.01 of the Revised Code;	92842

(d) A group health plan as defined in 29 U.S.C. 1167;

92843

(e) A service benefit plan as referenced in 42 U.S.C.	92844
1396a(a)(25);	92845

(f) A managed care organization;

92846

(g) A pharmacy benefit manager;

92847

(h) A third party administrator;

92848

(i) Any other person or governmental entity that is, by law,	92849
contract, or agreement, responsible for the payment or processing	92850
of a claim for a medical item or service for a ~~public~~medical	92851
assistance recipient ~~or participant~~.	92852

(2) Except when otherwise provided by the "Social Security	92853
Act," section 1862(b), 42 U.S.C. 1395y(b), a person or	92854
governmental entity listed in division ~~(E)~~(C)(1) of this section	92855
is a third party even if the person or governmental entity limits	92856
or excludes payments for a medical item or service in the case of	92857
a public assistance recipient.	92858

(3) "Third party" does not include the program for medically	92859
handicapped children established under section 3701.023 of the	92860
Revised Code.	92861

Sec. 5160.36. Enrollment in a medical assistance program	92862
gives a right of subrogation to the department of medicaid for any	92863
workers' compensation benefits payable to a person who is subject	92864
to a support order, as defined in section 3119.01 of the Revised	92865
Code, on behalf of the medical assistance recipient, to the extent	92866
of any payments made under the medical assistance program on the	92867
recipient's behalf. If the department, in consultation with a	92868
child support enforcement agency and the administrator of the	92869
bureau of workers' compensation, determines that a person	92870
responsible for support payments to a medical assistance recipient	92871
is receiving workers' compensation, the department shall notify	92872
the administrator of the amount of the benefit to be paid to the	92873
department.	92874

~~Sec. 5101.58.~~ Sec. 5160.37. (A) ~~The acceptance of public~~A medical	92875
assistance recipient's enrollment in a medical assistance program	92876
gives an automatic right of recovery to the department of ~~job and~~	92877
~~family services~~medicaid and a county department of job and family	92878
services against the liability of a third party for the cost of	92879
medical assistance paid on behalf of the ~~public assistance~~	92880
recipient ~~or participant~~. When an action or claim is brought	92881
against a third party by a ~~public~~medical assistance recipient or	92882
~~participant~~, any payment, settlement or compromise of the action	92883
or claim, or any court award or judgment, is subject to the	92884
recovery right of the department of ~~job and family services~~	92885
medicaid or county department ~~of job and family services~~. Except	92886
in the case of a medical assistance recipient ~~or participant~~ who	92887
receives medical assistance through a medicaid managed care	92888
organization, the department's or county department's claim shall	92889
not exceed the amount of medical assistance paid by athe	92890
department or county department on behalf of the recipient or	92891
~~participant~~. A payment, settlement, compromise, judgment, or award	92892
that excludes the cost of medical assistance paid for by athe	92893
department or county department shall not preclude a department	92894
from enforcing its rights under this section.	92895

(B) In the case of a medical assistance recipient or	92896
~~participant~~ who receives medical assistance through a medicaid	92897
managed care organization, the amount of the department's or	92898
county department's claim shall be the amount the medicaid managed	92899
care organization pays for medical assistance rendered to the	92900
recipient ~~or participant~~, even if that amount is more than the	92901
amount athe department or county department pays to the medicaid	92902
managed care organization for the recipient's ~~or participant's~~	92903
medical assistance.	92904

(C) A medical assistance recipient ~~or participant~~, and the	92905
recipient's ~~or participant's~~ attorney, if any, shall cooperate	92906
with the departments. In furtherance of this requirement, the	92907
medical assistance recipient ~~or participant~~, or the recipient's or	92908
~~participant's~~ attorney, if any, shall, not later than thirty days	92909
after initiating informal recovery activity or filing a legal	92910
recovery action against a third party, provide written notice of	92911
the activity or action to the department of ~~job and family~~	92912
~~services when~~medicaid or county department if it has paid for	92913
medical assistance under ~~medicaid has been paid~~a medical	92914
assistance program.	92915

(D) The written notice that must be given under division (C)	92916
of this section shall disclose the identity and address of any	92917
third party against whom the medical assistance recipient or	92918
~~participant~~ has or may have a right of recovery.	92919

(E) No settlement, compromise, judgment, or award or any	92920
recovery in any action or claim by a medical assistance recipient	92921
~~or participant~~ where the ~~departments have~~department or county	92922
department has a right of recovery shall be made final without	92923
first giving the ~~appropriate departments~~department or county	92924
department written notice as described in division (C) of this	92925
section and a reasonable opportunity to perfect ~~their~~its rights	92926
of recovery. If the ~~departments are~~department or county	92927
department is not given the appropriate written notice, the	92928
medical assistance recipient ~~or participant~~ and, if there is one,	92929
the recipient's ~~or participant's~~ attorney, are liable to reimburse	92930
the ~~departments~~department or county department for the recovery	92931
received to the extent of medical assistance payments made by the	92932
~~departments~~department or county department.	92933

(F) The ~~departments~~department or county department shall be	92934
permitted to enforce ~~their~~its recovery rights against the third	92935
party even though ~~they~~it accepted prior payments in discharge of	92936
~~their~~its rights under this section if, at the time the	92937
~~departments~~department or county department received such	92938
payments, ~~they were~~it was not aware that additional medical	92939
expenses had been incurred but had not yet been paid by the	92940
~~departments~~department or county department. The third party	92941
becomes liable to the department ~~of job and family services~~ or	92942
county department ~~of job and family services~~ as soon as the third	92943
party is notified in writing of the valid claims for recovery	92944
under this section.	92945

(G)(1) Subject to division (G)(2) of this section, the right	92946
of recovery of athe department or county department does not	92947
apply to that portion of any judgment, award, settlement, or	92948
compromise of a claim, to the extent of attorneys' fees, costs, or	92949
other expenses incurred by a medical assistance recipient or	92950
~~participant~~ in securing the judgment, award, settlement, or	92951
compromise, or to the extent of medical, surgical, and hospital	92952
expenses paid by such recipient ~~or participant~~ from the	92953
recipient's ~~or participant's~~ own resources.	92954

(2) Reasonable attorneys' fees, not to exceed one-third of	92955
the total judgment, award, settlement, or compromise, plus costs	92956
and other expenses incurred by the medical assistance recipient or	92957
~~participant~~ in securing the judgment, award, settlement, or	92958
compromise, shall first be deducted from the total judgment,	92959
award, settlement, or compromise. After fees, costs, and other	92960
expenses are deducted from the total judgment, award, settlement,	92961
or compromise, the department of ~~job and family services~~medicaid	92962
or ~~appropriate~~ county department ~~of job and family services~~ shall	92963
receive no less than one-half of the remaining amount, or the	92964
actual amount of medical assistance paid, whichever is less.	92965

(H) A right of recovery created by this section may be	92966
enforced separately or jointly by the department of ~~job and family~~	92967
~~services~~medicaid or ~~the appropriate~~ county department ~~of job and~~	92968
~~family services~~. To enforce ~~their~~its recovery rights, the	92969
~~departments~~department or county department may do any of the	92970
following:	92971

(1) Intervene or join in any action or proceeding brought by	92972
the medical assistance recipient ~~or participant~~ or on the	92973
recipient's ~~or participant's~~ behalf against any third party who	92974
may be liable for the cost of medical assistance paid;	92975

(2) Institute and pursue legal proceedings against any third	92976
party who may be liable for the cost of medical assistance paid;	92977

(3) Initiate legal proceedings in conjunction with any	92978
injured, diseased, or disabled medical assistance recipient or	92979
~~participant~~ or the recipient's ~~or participant's~~ attorney or	92980
representative.	92981

(I) A medical assistance recipient ~~or participant~~ shall not	92982
assess attorney fees, costs, or other expenses against the	92983
department of ~~job and family services~~medicaid or a county	92984
department ~~of job and family services~~ when the department or	92985
county department enforces its right of recovery created by this	92986
section.	92987

(J) The right of recovery given to the department under this	92988
section ~~does not include rights to support from any other person~~	92989
~~assigned to the state under sections 5107.20 and 5115.07 of the~~	92990
~~Revised Code, but~~ includes payments made by a third party under	92991
contract with a person having a duty to support.	92992

(K) The department of medicaid may assign to a medical	92993
assistance provider the right of recovery given to the department	92994
under this section with respect to any claim for which the	92995
department has notified the provider that the department intends	92996
to recoup the department's prior payment for the claim.	92997

Sec. 5160.371. In addition to the requirement of division	92998
(C) of section 5160.37 of the Revised Code to cooperate with the	92999
department of medicaid and county department of job and family	93000
services, a medical assistance recipient and the recipient's	93001
attorney, if any, shall cooperate with each medical provider of	93002
the recipient. Cooperation with a medical provider shall consist	93003
of disclosing to the provider all information the recipient and	93004
attorney, if any, possess that would assist the provider in	93005
determining each third party that is responsible for the payment	93006
or processing of a claim for medical assistance provided to the	93007
recipient. If disclosure is not made in accordance with this	93008
section, the recipient and the recipient's attorney, if any, are	93009
liable to reimburse the department or county department for the	93010
amount that would have been paid by a third party had the third	93011
party been disclosed to the provider by the recipient or the	93012
recipient's attorney.	93013

~~Sec. 5101.59.~~ Sec. 5160.38. (A) The application for, or ~~acceptance~~	93014
ofenrollment in, ~~public~~a medical assistance program constitutes	93015
an automatic assignment of ~~certain~~ rights specified in division	93016
(B) of this section to the department of ~~job and family services~~	93017
medicaid. This assignment includes the rights of the ~~applicant,~~	93018
medical assistance recipient~~, or participant~~ and also the rights	93019
of any other member of the assistance group for whom the	93020
~~applicant,~~ recipient~~, or participant~~ can legally make an	93021
assignment.	93022

(B) Pursuant to this section, ~~the applicant,~~a medical	93023
assistance recipient~~, or participant~~ assigns to the department any	93024
rights to medical support available to the ~~applicant,~~ recipient,	93025
~~or participant~~ or ~~for~~ other members of the recipient's assistance	93026
group under an order of a court or administrative agency, and any	93027
rights to payments by a liable third party for the cost of medical	93028
assistance paid on behalf of ~~a public assistance~~the recipient or	93029
~~participant~~or other members of the assistance group. The	93030
recipient ~~or participant~~ shall cooperate with the department in	93031
obtaining such payments.	93032

Medicare benefits shall not be assigned pursuant to this	93033
section. Benefits assigned to the department by operation of this	93034
section are directly reimbursable to the department by liable	93035
third parties.	93036

(C) Refusal by ~~the applicant,~~a medical assistance recipient,	93037
~~or participant~~ to cooperate in obtaining medical assistance paid	93038
for self or any other member of the recipient's assistance group	93039
renders the ~~applicant,~~ recipient~~, or participant~~ ineligible for	93040
~~public~~a medical assistance program, unless cooperation is waived	93041
by the department. Eligibility shall continue for any individual	93042
who cannot legally assign the individual's own rights and who	93043
would have been eligible for ~~public~~a medical assistance program	93044
but for the refusal to assign the individual's rights or to	93045
cooperate as required by this section by another person legally	93046
able to assign the individual's rights.	93047

(D) If ~~the applicant,~~a medical assistance recipient~~, or~~	93048
~~participant~~ or any member of the recipient's assistance group	93049
becomes ineligible for ~~public~~a medical assistance program, the	93050
department shall restore to the ~~applicant,~~ recipient~~, participant,~~	93051
or ~~member of the~~ assistance group member any future rights to	93052
benefits assigned under this section.	93053

~~(E) The rights of assignment given to the department under~~	93054
~~this section do not include rights to support assigned under~~	93055
~~section 5107.20 or 5115.07 of the Revised Code.~~	93056

~~Sec. 5101.572.~~ Sec. 5160.39. (A) A third party shall cooperate	93057
with the department of ~~job and family services~~medicaid in	93058
identifying individuals for the purpose of establishing third	93059
party liability ~~pursuant to Title XIX of the Social Security Act,~~	93060
~~as amended~~regarding medical assistance programs.	93061

(B) In furtherance of the requirement in division (A) of this	93062
section and to allow the department to determine any period that	93063
the individual or the individual's spouse or dependent may have	93064
been covered by the third party and the nature of the coverage, a	93065
third party shall provide, as the department so chooses,	93066
information or access to information, or both, in the third	93067
party's electronic data system on the department's request and in	93068
accordance with division (C) of this section.	93069

(C)(1) If the department chooses to receive information	93070
directly, the third party shall provide the information under all	93071
of the following circumstances:	93072

(a) In a medium, format, and manner prescribed ~~by the~~	93073
~~director of job and family services~~ in rules ~~adopted under~~	93074
authorized by section ~~5101.591~~5160.43 of the Revised Code;	93075

(b) Free of charge;

93076

(c) Not later than the end of the thirtieth day after the	93077
department makes its request, unless a different time is agreed to	93078
by the director in writing.	93079

(2) If the department chooses to receive access to	93080
information, the third party shall provide access by a method	93081
prescribed ~~by the director of job and family services~~ in rules	93082
~~adopted under~~authorized by section ~~5101.591~~5160.43 of the	93083
Revised Code. In facilitating access, the department may enter	93084
into a trading partner agreement with the third party to permit	93085
the exchange of information via "ASC X 12N 270/271 Health Care	93086
Eligibility Benefit Inquiry and Response" transactions.	93087

(D) All of the following apply with respect to information	93088
provided by a third party to the department under this section:	93089

(1) The information is confidential and not a public record	93090
under section 149.43 of the Revised Code.	93091

(2) The release of information to the department is not to be	93092
considered a violation of any right of confidentiality or contract	93093
that the third party may have with covered persons including, but	93094
not limited to, contractees, beneficiaries, heirs, assignees, and	93095
subscribers.	93096

(3) The third party is immune from any liability that it may	93097
otherwise incur through its release of information to the	93098
department.	93099

The department ~~of job and family services~~ shall limit its use	93100
of information gained from third parties to purposes directly	93101
connected with the administration of the medicaid program and the	93102
child support program authorized by Title IV-D of the "Social	93103
Security Act.," 42 U.S.C. 651 et seq.	93104

(E) No third party shall disclose to other parties or make	93105
use of any information regarding medical assistance recipients of	93106
~~aid under Chapter 5107. or 5111. of the Revised Code~~ that it	93107
obtains from the department, except in the manner provided ~~for by~~	93108
~~the director of job and family services~~ in ~~administrative~~ rules	93109
authorized by section 5160.43 of the Revised Code.	93110

~~Sec. 5101.573.~~ Sec. 5160.40. (A) Subject to divisions (B) and (C)	93111
of this section, a third party shall do all of the following:	93112

(1) Accept the department of ~~job and family services'~~	93113
medicaid's right of recovery under section ~~5101.58~~5160.37 of the	93114
Revised Code and the assignment of rights to the department that	93115
are described in section ~~5101.59~~5160.38 of the Revised Code;	93116

(2) Respond to an inquiry by the department regarding a claim	93117
for payment of a medical item or service that was submitted to the	93118
third party not later than six years after the date of the	93119
provision of such medical item or service;	93120

(3) Not charge a fee to do either of the following for a	93121
claim described in division (A)(2) of this section:	93122

(a) Determine whether the claim should be paid;

93123

(b) Process the claim.

93124

(4) Pay a claim described in division (A)(2) of this section;

93125

(5) Not deny a claim submitted by the department solely on	93126
the basis of the date of submission of the claim, type or format	93127
of the claim form, or a failure by the medical assistance	93128
recipient who is the subject of the claim to present proper	93129
documentation of coverage at the time of service, if both of the	93130
following ~~are true~~have occurred:	93131

(a) The claim was submitted by the department not later than	93132
six years after the date of the provision of the medical item or	93133
service.	93134

(b) An action by the department to enforce its right of	93135
recovery under section ~~5101.58~~5160.37 of the Revised Code on the	93136
claim was commenced not later than six years after the	93137
department's submission of the claim.	93138

(6) Consider the department's payment of a claim for a	93139
medical item or service to be the equivalent of the medical	93140
assistance recipient having obtained prior authorization for the	93141
item or service from the third party;	93142

(7) Not deny a claim described in division (A)(6) of this	93143
section that is submitted by the department solely on the basis of	93144
the medical assistance recipient's failure to obtain prior	93145
authorization for the medical item or service.	93146

(B) For purposes of the requirements in division (A) of this	93147
section, a third party shall treat a medicaid managed care	93148
organization as the department for a claim ~~in which both of the~~	93149
~~following are true:~~	93150

~~(1) The~~if the individual who is the subject of the claim	93151
received a medical item or service through a medicaid managed care	93152
organization ~~that has entered into a contract with the department~~	93153
~~of job and family services under section 5111.17 of the Revised~~	93154
~~Code;~~	93155

~~(2) The~~and the department has assigned its right of recovery	93156
for the claim to the medicaid managed care organization.	93157

(C) If the department of medicaid, as permitted by division	93158
(K) of section 5160.37 of the Revised Code, assigns to a medical	93159
assistance provider the department's right of recovery for a claim	93160
for which it has notified the provider that it intends to recoup	93161
its prior payment for a claim, a third party shall treat the	93162
provider as the department and shall pay the provider the greater	93163
of the following:	93164

(1) The amount the department intends to recoup from the	93165
provider for the claim.	93166

(2) If the third party and the provider have an agreement	93167
that requires the third party to pay the provider at the time the	93168
provider presents the claim to the third party, the amount that is	93169
to be paid under that agreement.	93170

(D) The time limitations associated with the requirements in	93171
divisions (A)(2) and (5) of this section apply only to submissions	93172
of claims to, and payments of claims by, a health insurer to which	93173
the "Social Security Act," section 1902(a)(25)(I), 42 U.S.C.	93174
1396a(a)(25)(I), applies.	93175

~~Sec. 5101.574.~~ Sec. 5160.41. No third party shall consider whether	93176
an individual is eligible for or ~~receives~~enrolled in a medical	93177
assistance program when either of the following applies:	93178

(A) The individual seeks to obtain a policy or enroll in a	93179
plan or program operated or administered by the third party;	93180

(B) The individual, or a person or governmental entity on the	93181
individual's behalf, seeks payment for a medical item or service	93182
provided to the individual.	93183

~~Sec. 5101.575.~~ Sec. 5160.42. (A) If a third party violates section	93184
~~5101.572~~5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the	93185
Revised Code, a governmental entity that is responsible for	93186
issuing a license, certificate of authority, registration, or	93187
approval that authorizes the third party to do business in this	93188
state may impose a fine against the third party or deny, revoke,	93189
or terminate the third party's license, certificate, registration,	93190
or approval to do business in this state. The governmental entity	93191
shall determine which sanction is to be imposed. All actions to	93192
impose the sanction shall be taken in accordance with Chapter 119.	93193
of the Revised Code.	93194

(B) In addition to the sanctions that may be imposed under	93195
division (A) of this section for a violation of section ~~5101.572~~	93196
5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the Revised	93197
Code, the attorney general may petition a court of common pleas to	93198
enjoin the violation.	93199

~~Sec. 5101.591.~~ Sec. 5160.43. (A) ~~Except as provided in division (B)~~	93200
~~of this section, the~~The medicaid director ~~of job and family~~	93201
~~services~~ may adopt rules ~~in accordance with Chapter 119.~~under	93202
section 5160.02 of the Revised Code to implement sections ~~5101.571~~	93203
5160.35 to ~~5101.59~~5160.43 of the Revised Code, including rules	93204
that specify what constitutes cooperating with efforts to obtain	93205
support or payments, or medical assistance payments, and when	93206
cooperation may be waived.	93207

(B) The department shall adopt rules ~~in accordance with~~	93208
~~Chapter 119.~~under section 5160.02 of the Revised Code to do all	93209
of the following:	93210

(1) For purposes of the definition of "information" in	93211
division (A) of section ~~5101.571~~5160.35 of the Revised Code, any	93212
data other than the data specified in that division that should be	93213
included in the definition.	93214

(2) For purposes of division (C)(1)(a) of section ~~5101.572~~	93215
5160.39 of the Revised Code, the medium, format, and manner in	93216
which a third party must provide information to the department.	93217

(3) For purposes of division (C)(2) of section ~~5101.572~~	93218
5160.39 of the Revised Code, the method by which a third party	93219
must provide the department with access to information.	93220

(C) Rules authorized by division (A) of this section may be	93221
adopted in accordance with section 111.15 of the Revised Code.	93222
Rules authorized by division (B) of this section shall be adopted	93223
in accordance with Chapter 119. of the Revised Code.	93224

~~Sec. 5101.271.~~ Sec. 5160.45. (A) As used in sections 5160.45 to	93225
5160.481 of the Revised Code, "information" means all of the	93226
following:	93227

(1) Records, as defined in section 149.011 of the Revised	93228
Code;	93229

(2) Any other documents in any format;

93230

(3) Data derived from records and documents that are	93231
generated, acquired, or maintained by the department of medicaid,	93232
a county department of job and family services, or an entity	93233
performing duties on behalf of the department or a county	93234
department.	93235

(B) Except as permitted by this section, section ~~5101.273~~	93236
5160.47, or rules ~~adopted under~~authorized by section ~~5101.30~~	93237
5160.48 or 5160.481 of the Revised Code, or when required by	93238
federal law, no person or government entity shall use or disclose	93239
information regarding a medical assistance recipient for any	93240
purpose not directly connected with the administration of ~~the~~a	93241
medical assistance program.	93242

~~(B)~~(C) Both of the following shall be considered to be	93243
purposes directly connected with the administration of ~~the~~a	93244
medical assistance program:	93245

(1) Treatment, payment, or other operations or activities	93246
authorized by 42 C.F.R. Chapter IV;	93247

(2) Any administrative function or duty the department of ~~job~~	93248
~~and family services~~medicaid performs alone or jointly with a	93249
federal government entity, another state government entity, or a	93250
local government entity implementing a provision of federal law.	93251

~~(C)~~(D) The department or a county ~~agency~~department of job	93252
and family services may disclose information regarding a medical	93253
assistance recipient to any of the following:	93254

(1) The recipient or the recipient's authorized	93255
representative;	93256

(2) The recipient's legal guardian in accordance with	93257
division (C) of section 2111.13 of the Revised Code;	93258

(3) The attorney of the recipient, if the department or	93259
county ~~agency~~department has obtained authorization from the	93260
recipient,or the recipient's authorized representative, or ~~the~~	93261
~~recipient's~~ legal guardian that meets all requirements of the	93262
Health Insurance Portability and Accountability Act of 1996, ~~Pub.~~	93263
~~L. 104-191, 110 Stat. 1955,~~ 42 U.S.C. 1320d et seq., ~~as amended,~~	93264
regulations promulgated by the United States department of health	93265
and human services to implement the act, section ~~5101.272~~5160.46	93266
of the Revised Code, and any rules ~~the director of job and family~~	93267
~~services adopts under~~authorized by section ~~5101.30~~5160.48 of the	93268
Revised Code;	93269

(4) A health information or health records management entity	93270
that has executed with the department a business associate	93271
agreement required by 45 C.F.R 164.502(e)(2) and has been	93272
authorized by the recipient,or the recipient's authorized	93273
representative, or ~~the recipient's~~ legal guardian to receive the	93274
recipient's electronic health records in accordance with rules ~~the~~	93275
~~director of job and family services adopts under~~authorized by	93276
section ~~5101.30~~5160.48 of the Revised Code;	93277

(5) A court if pursuant to a written order of the court.

93278

~~(D)~~(E) The department may receive from county departments of	93279
job and family services information regarding any medical	93280
assistance recipient for purposes of training and verifying the	93281
accuracy of eligibility determinations for a medical assistance	93282
program. The department may assemble information received under	93283
this division into a report if the report is in a form specified	93284
by the department. Information received and assembled into a	93285
report under this division shall remain confidential and not be	93286
subject to disclosure pursuant to section 149.43 or 1347.08 of the	93287
Revised Code.	93288

~~(E)~~(F) The department shall notify courts in this state	93289
regarding its authority, under division ~~(C)~~(D)(5) of this section,	93290
to disclose information regarding a medical assistance recipient	93291
pursuant to a written court order.	93292

Sec. 5160.46. (A) For the purposes of section 5160.45 of the	93293
Revised Code, an authorization shall be made on a form that uses	93294
language understandable to the average person and contains all of	93295
the following:	93296

(1) A description of the information to be used or disclosed	93297
that identifies the information in a specific and meaningful	93298
fashion;	93299

(2) The name or other specific identification of the person	93300
or class of persons authorized to make the requested use or	93301
disclosure;	93302

(3) The name or other specific identification of the person	93303
or government entity to which the information may be released;	93304

(4) A description of each purpose of the requested use or	93305
disclosure of the information;	93306

(5) The date on which the authorization expires or an event	93307
related either to the individual who is the subject of the request	93308
or to the purposes of the requested use or disclosure, the	93309
occurrence of which will cause the authorization to expire;	93310

(6) A statement that the information used or disclosed	93311
pursuant to the authorization may be disclosed by the recipient of	93312
the information and may no longer be protected from disclosure;	93313

(7) The signature of the individual or the individual's	93314
authorized representative and the date on which the authorization	93315
was signed;	93316

(8) If signed by an authorized representative, a description	93317
of the representative's authority to act for the individual;	93318

(9) A statement of the individual or authorized	93319
representative's right to prospectively revoke the written	93320
authorization in writing, along with either of the following:	93321

(a) A description of how the individual or authorized	93322
representative may revoke the authorization;	93323

(b) If the department of medicaid has established a privacy	93324
notice that contains a description of how the individual or	93325
authorized representative may revoke the authorization, a	93326
reference to the privacy notice.	93327

(10) A statement that treatment, payment, enrollment, or	93328
eligibility for a medical assistance program cannot be conditioned	93329
on signing the authorization unless the authorization is necessary	93330
for determining eligibility for the program.	93331

(B) An authorization for the release of information regarding	93332
a medical assistance recipient to the recipient's attorney under	93333
division (D)(3) of section 5160.45 of the Revised Code may include	93334
a provision specifically authorizing the release of the	93335
recipient's electronic health records, if any, in accordance with	93336
rules authorized by section 5160.48 or 5160.481 of the Revised	93337
Code.	93338

(C) When an individual requests information pursuant to	93339
section 5160.45 of the Revised Code regarding the individual's	93340
enrollment in a medical assistance program and does not wish to	93341
provide a statement of purpose, the statement "at request of the	93342
individual" is a sufficient description for purposes of division	93343
(A)(4) of this section.	93344

Sec. 5160.47. The department of medicaid shall enter into	93345
any necessary agreements with the United States department of	93346
health and human services and neighboring states to join and	93347
participate as an active member in the public assistance reporting	93348
information system. The department may disclose information	93349
regarding a medical assistance recipient to the extent necessary	93350
to participate as an active member in the system.	93351

Sec. 5160.48. (A) The medicaid director shall adopt rules	93352
under section 5160.02 of the Revised Code implementing sections	93353
5160.45 to 5160.481 of the Revised Code and governing the custody,	93354
use, disclosure, and preservation of the information generated or	93355
received by the department of medicaid, county departments of job	93356
and family services, other state and county entities, contractors,	93357
grantees, private entities, or officials participating in the	93358
administration of medical assistance programs. The rules shall be	93359
adopted in accordance with Chapter 119. of the Revised Code. The	93360
rules may define who is an "authorized representative" for	93361
purposes of sections 5160.45 and 5160.46 of the Revised Code. The	93362
rules shall specify conditions and procedures for the release of	93363
information, which may include both of the following:	93364

(1) Permitting a provider of a service under a medical	93365
assistance program limited access to information that is essential	93366
for the provider to render the service or to bill for the service	93367
rendered;	93368

(2) Permitting a contractor, grantee, or other state or	93369
county entity limited access to information that is essential for	93370
the contractor, grantee, or entity to perform administrative or	93371
other duties on behalf of the department or a county department.	93372

(B) The department of aging, when investigating a complaint	93373
under section 173.20 of the Revised Code, shall be granted any	93374
limited access permitted in the rules authorized by division	93375
(A)(1) of this section.	93376

A contractor, grantee, or entity given access to information	93377
pursuant to the rules authorized by division (A)(2) of this	93378
section is bound by the director's rules. Disclosure of the	93379
information by the contractor, grantee, or entity in a manner not	93380
authorized by the rules is a violation of section 5160.45 of the	93381
Revised Code.	93382

Sec. 5160.481. Whenever names, addresses, or other	93383
information relating to medical assistance recipients is held by	93384
any agency other than the department of medicaid or a county	93385
department of job and family services, that other agency shall	93386
adopt rules consistent with sections 5160.45 to 5160.481 of the	93387
Revised Code to prevent the publication or disclosure of names,	93388
lists, or other information concerning those recipients.	93389

Sec. 5160.50. The department of medicaid shall administer	93390
the refugee medical assistance program authorized by the	93391
"Immigration and Nationality Act," section 412(e), 8 U.S.C.	93392
1522(e).	93393

Sec. 5160.52. The medicaid director may provide for the	93394
department of medicaid to develop, participate in the development	93395
of, negotiate, and enter into one or more interstate compacts on	93396
behalf of this state with agencies of any other states, for the	93397
provision of medical assistance to children in relation to whom	93398
all of the following apply:	93399

(A) They have special needs.

93400

(B) This state or another state that is a party to the	93401
interstate compact is providing adoption assistance on their	93402
behalf.	93403

(C) They move into this state from another state or move out	93404
of this state to another state.	93405

Sec. 5160.99. Whoever violates division (B) of section	93406
5160.45 of the Revised Code is guilty of a misdemeanor of the	93407
first degree.	93408

Sec. 5161.01. (A) As used in the Revised Code, "children's	93409
health insurance program" and, when used as an acronym for the	93410
children's health insurance program, "CHIP" mean the program of	93411
child health assistance authorized by Title XXI of the "Social	93412
Security Act," 42 U.S.C. 1397aa et seq. CHIP part I, CHIP part II,	93413
and CHIP part III, as authorized by this chapter, are components	93414
of CHIP. Any reference in statute enacted by the general assembly	93415
to medicaid or the medicaid program also means CHIP to the extent,	93416
if any, that CHIP is provided under the medicaid program.	93417

(B) As used in this chapter, "federal poverty line" means the	93418
official poverty line defined by the United States office of	93419
management and budget based on the most recent data available from	93420
the United States bureau of the census and revised by the United	93421
States secretary of health and human services pursuant to the	93422
"Omnibus Budget Reconciliation Act of 1981," section 673(2), 42	93423
U.S.C. 9902(2).	93424

~~Sec. 5101.502.~~ Sec. 5161.02. The medicaid director ~~of job and~~	93425
~~family services~~ may adopt rules in accordance with Chapter 119. of	93426
the Revised Code as necessary for the efficient administration of	93427
the children's health insurance program ~~part I~~, including rules	93428
that establish all of the following:	93429

(A) The conditions under which ~~health assistance services~~	93430
the program will ~~be reimbursed~~pay for health benefits coverage;	93431

(B) The method of ~~reimbursement applicable to services~~	93432
~~reimbursable under~~ the ~~program~~payment;	93433

(C) The amount of ~~reimbursement~~payment, or the method by	93434
which the amount is to be determined, for each ~~reimbursable~~	93435
service included in the health benefits coverage.	93436

~~Sec. 5101.50.~~ Sec. 5161.05. ~~(A) As used in sections 5101.50 to~~	93437
~~5101.529 of the Revised Code:~~	93438

~~(1) "Children's health insurance program" means the program~~	93439
~~authorized by Title XXI of the "Social Security Act," 111 Stat.~~	93440
~~552 (1997), 42 U.S.C.A. 1397aa.~~	93441

~~(2) "Federal poverty guidelines" has the same meaning as in~~	93442
~~section 5101.46 of the Revised Code.~~	93443

~~(B)~~ The medicaid director ~~of job and family services~~ may	93444
continue to operate the component of the children's health	93445
insurance program initially authorized by an executive order	93446
issued under section 107.17 of the Revised Code as long as federal	93447
financial participation is available for the program. If operated,	93448
the ~~program~~component shall ~~provide health assistance to~~pay for	93449
part or all of the cost of health benefits coverage for uninsured	93450
individuals under nineteen years of age with family incomes not	93451
exceeding one hundred fifty per cent of the federal poverty	93452
~~guidelines~~line. ~~In accordance with 42 U.S.C.A. 1397aa, the~~	93453
~~director may provide for the health assistance to meet the~~	93454
~~requirements of 42 U.S.C.A. 1397cc, to be provided under the~~	93455
~~medicaid program established under Chapter 5111. of the Revised~~	93456
~~Code, or to be a combination of both.~~	93457

~~Sec. 5101.501.~~ Sec. 5161.06. ~~Health assistance provided under~~The	93458
component of the children's health insurance program authorized by	93459
section ~~5101.50~~5161.05 of the Revised Code shall be known as ~~the~~	93460
~~children's health insurance program~~CHIP part I.	93461

~~Sec. 5101.51.~~ Sec. 5161.10. In accordance with federal law	93462
governing the children's health insurance program, the medicaid	93463
director ~~of job and family services~~ may submit a state child	93464
health plan to the United States secretary of health and human	93465
services to ~~provide~~pay, except as provided in section ~~5101.516~~	93466
5161.22 of the Revised Code, ~~health assistance to~~for part or all	93467
of the cost of health benefits coverage for uninsured individuals	93468
under nineteen years of age with family incomes above one hundred	93469
fifty per cent of the federal poverty ~~guidelines~~line but not	93470
exceeding two hundred per cent of the federal poverty ~~guidelines~~	93471
line. If the director submits the plan, the director shall ~~include~~	93472
~~both of the following~~stipulate in the plan:	93473

~~(A) The health assistance will not begin before January 1,~~	93474
~~2000.~~	93475

~~(B) The health assistance~~that the payments will be available	93476
only while federal financial participation is available for it	93477
them.	93478

~~Sec. 5101.511.~~ Sec. 5161.11. ~~Health assistance provided under~~The	93479
component of the children's health insurance program authorized by	93480
section ~~5101.51~~5161.10 of the Revised Code shall be known as ~~the~~	93481
~~children's health insurance program~~CHIP part II.	93482

~~Sec. 5101.512.~~ Sec. 5161.12. If the medicaid director ~~of job and~~	93483
~~family services~~ submits a state child health plan to the United	93484
States secretary of health and human services under section	93485
~~5101.51~~5161.10 of the Revised Code and the secretary approves the	93486
plan, the director shall implement ~~the children's health insurance~~	93487
~~program~~CHIP part II in accordance with the plan. ~~The director may~~	93488
~~adopt rules in accordance with Chapter 119. of the Revised Code as~~	93489
~~necessary for the efficient administration of the program,~~	93490
~~including rules that establish all of the following:~~	93491

~~(A) The conditions under which health assistance services~~	93492
~~will be reimbursed;~~	93493

~~(B) The method of reimbursement applicable to services~~	93494
~~reimbursable under the program~~;	93495

~~(C) The amount of reimbursement, or the method by which the~~	93496
~~amount is to be determined, for each reimbursable service~~.	93497

~~Sec. 5101.52.~~ Sec. 5161.15. In accordance with federal law	93498
governing the children's health insurance program, the medicaid	93499
director ~~of job and family services~~ may submit a request for a	93500
federal waiver to the United States secretary of health and human	93501
services to ~~provide~~pay, except as provided in section ~~5101.526~~	93502
5161.22 of the Revised Code, ~~health assistance to~~for part or all	93503
of the cost of health benefits coverage for individuals under	93504
nineteen years of age with family incomes above two hundred per	93505
cent of the federal poverty ~~guidelines~~line but not exceeding	93506
three hundred per cent of the federal poverty ~~guidelines~~line. If	93507
the director submits the ~~plan~~waiver request, the director shall	93508
stipulate in the ~~plan~~request that the ~~health assistance~~payments	93509
will be available only while federal financial participation is	93510
available for ~~it and that health assistance shall not begin before~~	93511
~~January 1, 2008~~them.	93512

~~Sec. 5101.521.~~ Sec. 5161.16. ~~Health assistance provided under~~The	93513
component of the children's health insurance program authorized by	93514
section ~~5101.52~~5161.15 of the Revised Code shall be known as ~~the~~	93515
~~children's health insurance program~~CHIP part III.	93516

~~Sec. 5101.522.~~ Sec. 5161.17. If the medicaid director ~~of job and~~	93517
~~family services~~ submits a waiver request to the United States	93518
secretary of health and human services under section ~~5101.52~~	93519
5161.15 of the Revised Code and the secretary grants the waiver,	93520
the director shall implement ~~the children's health insurance~~	93521
~~program~~CHIP part III in accordance with the waiver. ~~The director~~	93522
~~may adopt rules in accordance with Chapter 119. of the Revised~~	93523
~~Code as necessary for the efficient administration of the program,~~	93524
~~including rules that establish all of the following:~~	93525

~~(A) The conditions under which health assistance services~~	93526
~~will be reimbursed;~~	93527

~~(B) The method of reimbursement applicable to services~~	93528
~~reimbursable under the program;~~	93529

~~(C) The amount of reimbursement, or the method by which the~~	93530
~~amount is to be determined, for each reimbursable service.~~	93531

~~Sec. 5101.524.~~ Sec. 5161.20. In accordance with the "Social	93532
Security Act," section 2101, 42 U.S.C. 1397aa, ~~the director of job~~	93533
~~and family services shall provide for health assistance under~~ the	93534
children's health insurance program ~~part III to meet~~shall	93535
provide payments for obtaining health benefits coverage through	93536
any of the following:	93537

(A) Obtaining coverage that meets the requirements the	93538
"Social Security Act," section 2103, of 42 U.S.C. 1397cc~~, to be~~	93539
~~provided~~;	93540

(B) Providing benefits under the medicaid program ~~established~~	93541
~~under Chapter 5111. of the Revised Code, or to be a~~;	93542

(C) A combination of ~~both~~divisions (A) and (B) of this	93543
section.	93544

~~Sec. 5101.516.~~ Sec. 5161.22. If the medicaid director ~~of job and~~	93545
~~family services~~ determines that federal financial participation	93546
for ~~the children's health insurance program~~CHIP part II, part	93547
III, or both parts is insufficient to ~~provide health assistance~~	93548
topay for part or all of the costs of health benefits coverage	93549
for all the individuals the director anticipates are eligible for	93550
the ~~program~~part or parts, the director may refuse to accept new	93551
applications for the ~~program~~part or parts or may make the	93552
~~program's~~ eligibility requirements more restrictive for the part	93553
or parts.	93554

~~Sec. 5101.517.~~ Sec. 5161.24. To the extent permitted by the	93555
"Social Security Act," section 2103(e), 42 U.S.C.A. 1397cc(e), the	93556
medicaid director ~~of job and family services~~ may require an	93557
individual ~~receiving health assistance under the children's health~~	93558
~~insurance program~~seeking to enroll, or who is enrolled, in CHIP	93559
part II to pay a premium, deductible, coinsurance payment, or	93560
other cost-sharing expense.	93561

~~Sec. 5101.527.~~ Sec. 5161.25. To the extent permitted by the "Social	93562
Security Act," section 2103(e), 42 U.S.C. 1397cc(e), the medicaid	93563
director ~~of job and family services~~ shall require an individual	93564
~~receiving health assistance under the children's health insurance~~	93565
~~program~~seeking to enroll, or who is enrolled, in CHIP part III to	93566
pay the following as a term of ~~participation in the program~~	93567
enrollment:	93568

(A) A premium of not less than forty dollars per month for a	93569
family with one individual ~~receiving health assistance under~~	93570
seeking to enroll, or who is enrolled, in the ~~program~~part;	93571

(B) A premium of not less than eighty dollars per month for a	93572
family with two individuals ~~receiving health assistance under~~	93573
seeking to enroll, or who is enrolled, in the ~~program~~part;	93574

(C) A premium of not less than one hundred twenty dollars per	93575
month for a family with three or more individuals ~~receiving health~~	93576
~~assistance under~~seeking to enroll, or who are enrolled, in the	93577
~~program~~part.	93578

~~Sec. 5101.519.~~ Sec. 5161.27. A completed application for ~~medical~~	93579
~~assistance under Chapter 5111. of the Revised Code~~medicaid shall	93580
be treated as an application for ~~health assistance under~~ the	93581
children's health insurance program ~~part II~~ if the application is	93582
for an assistance group that includes a child under nineteen years	93583
of age and is denied.	93584

~~Sec. 5101.513.~~ Sec. 5161.30. The medicaid director ~~of job and~~	93585
~~family services~~ may contract with a government entity or person to	93586
perform the director's administrative duties regarding ~~the~~	93587
~~children's health insurance program~~CHIP part I, part II, part	93588
III, two of the parts, or all three parts, other than the duty to	93589
submit a state child health plan to the United States secretary of	93590
health and human services under section ~~5101.51~~5161.10 of the	93591
Revised Code, the duty to submit a waiver request under section	93592
5161.15 of the Revised Code, and the duty to adopt rules under	93593
section ~~5101.512~~5161.02 of the Revised Code.	93594

~~Sec. 5101.5110.~~ Sec. 5161.35. (A) The medicaid director ~~of job and~~	93595
~~family services~~ may submit a waiver request to the United States	93596
secretary of health and human services to provide health	93597
assistance to any individual who meets all of the following	93598
requirements:	93599

(1) Is the parent of a child who is under nineteen years of	93600
age ~~who~~, resides with the parent, and is ~~eligible for health~~	93601
~~assistance under~~enrolled in the children's health insurance	93602
program part I or II or the medicaid program ~~established under~~	93603
~~Chapter 5111. of the Revised Code~~;	93604

(2) Is uninsured;

93605

(3) Has a family income that does not exceed one hundred per	93606
cent of the federal poverty ~~guidelines~~line.	93607

(B) A waiver request the director submits under division (A)	93608
of this section may seek federal funds allotted to the state under	93609
~~Title XXI of~~ the "Social Security Act," ~~111 Stat. 558 (1997)~~	93610
section 2104, 42 U.S.C.A. 1397dd, ~~as amended,~~ that are not	93611
otherwise used to fund the children's health insurance program	93612
parts I and II.	93613

~~(C) If a waiver request the director submits under division~~	93614
~~(A) of this section is granted, the director may adopt rules in~~	93615
~~accordance with Chapter 119. of the Revised Code as necessary for~~	93616
~~the efficient administration of the program authorization by the~~	93617
~~waiver.~~	93618

Sec. 5162.01. (A) As used in the Revised Code:

93619

(1) "Medicaid" and "medicaid program" mean the program of	93620
medical assistance established by Title XIX of the "Social	93621
Security Act," 42 U.S.C. 1396 et seq., including any medical	93622
assistance provided under the medicaid state plan or a federal	93623
medicaid waiver granted by the United States secretary of health	93624
and human services.	93625

(2) "Medicare" and "medicare program" mean the federal health	93626
insurance program established by Title XVIII of the "Social	93627
Security Act," 42 U.S.C. 1395 et seq.	93628

(B) As used in this chapter:

93629

(1) "Dual eligible individual" has the same meaning as in	93630
section 5160.01 of the Revised Code.	93631

(2) "Federal financial participation" has the same meaning as	93632
in section 5160.01 of the Revised Code.	93633

(3) "Federal poverty line" means the official poverty line	93634
defined by the United States office of management and budget based	93635
on the most recent data available from the United States bureau of	93636
the census and revised by the United States secretary of health	93637
and human services pursuant to the "Omnibus Budget Reconciliation	93638
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	93639

(4) "Healthy start component" means the component of the	93640
medicaid program that covers pregnant women and children and is	93641
identified in rules adopted under section 5162.02 of the Revised	93642
Code as the healthy start component.	93643

(5) "ICF/MR" has the same meaning as in section 5124.01 of	93644
the Revised Code.	93645

(6) "Medicaid managed care organization" has the same meaning	93646
as in section 5167.01 of the Revised Code.	93647

(7) "Medicaid provider" has the same meaning as in section	93648
5164.01 of the Revised Code.	93649

(8) "Medicaid services" has the same meaning as in section	93650
5164.01 of the Revised Code.	93651

(9) "Nursing facility" has the same meaning as in section	93652
5165.01 of the Revised Code.	93653

(10) "Political subdivision" means a municipal corporation,	93654
township, county, school district, or other body corporate and	93655
politic responsible for governmental activities only in a	93656
geographical area smaller than that of the state.	93657

(11) "Prescribed drug" has the same meaning as in section	93658
5164.01 of the Revised Code.	93659

(12) "Provider agreement" has the same meaning as in section	93660
5164.01 of the Revised Code.	93661

(13) "Qualified medicaid school provider" means the board of	93662
education of a city, local, or exempted village school district,	93663
the governing authority of a community school established under	93664
Chapter 3314. of the Revised Code, the state school for the deaf,	93665
and the state school for the blind to which both of the following	93666
apply:	93667

(a) It holds a valid provider agreement.

93668

(b) It meets all other conditions for participation in the	93669
medicaid school component of the medicaid program established in	93670
rules authorized by section 5162.364 of the Revised Code.	93671

(14) "State agency" means every organized body, office, or	93672
agency, other than the department of medicaid, established by the	93673
laws of the state for the exercise of any function of state	93674
government.	93675

(15) "Vendor offset" means a reduction of a medicaid payment	93676
to a medicaid provider to correct a previous, incorrect medicaid	93677
payment to that provider.	93678

Sec. 5162.02. The medicaid director shall adopt rules as	93679
necessary to implement this chapter.	93680

Sec. 5162.021. The medicaid director shall adopt rules under	93681
sections 5160.02, 5162.02, 5163.03, 5164.04, 5165.05, 5166.02, and	93682
5167.02 of the Revised Code as necessary to authorize the	93683
directors of other state agencies to adopt rules regarding	93684
medicaid components, or aspects of medicaid components, the other	93685
state agencies administer pursuant to contracts entered into under	93686
section 5162.35 of the Revised Code.	93687

Sec. 5162.022. The medicaid director's rules governing	93688
medicaid are binding on other state agencies and political	93689
subdivisions that administer one or more components of the	93690
medicaid program, or one or more aspects of a component, pursuant	93691
to contracts entered into under section 5162.35 of the Revised	93692
Code. No state agency or political subdivision may establish, by	93693
rule or otherwise, a policy governing medicaid that is	93694
inconsistent with a medicaid policy established, in rule or	93695
otherwise, by the director.	93696

~~Sec. 5111.01.~~ Sec. 5162.03. ~~(A) As used in this chapter:~~

93697

~~"Children's health insurance program" means the children's~~	93698
~~health insurance program part I, children's health insurance~~	93699
~~program part II, and children's health insurance program part III~~	93700
~~authorized by sections 5101.50 to 5101.529 of the Revised Code.~~	93701

~~"Medical assistance program" or "medicaid" means the program~~	93702
~~that is authorized by this chapter and provided by the office of~~	93703
~~medical assistance under this chapter, Title XIX of the "Social~~	93704
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, et seq., as~~	93705
~~amended, and the waivers of Title XIX requirements granted to the~~	93706
~~office by the centers for medicare and medicaid services of the~~	93707
~~United States department of health and human services.~~	93708

~~(B) There is hereby established the office of medical~~	93709
~~assistance as a work unit within the department of job and family~~	93710
~~services. The chief of the office shall hold the title of medical~~	93711
~~assistance director. Notwithstanding section 5101.06 of the~~	93712
~~Revised Code, the governor shall appoint the medical assistance~~	93713
~~director and the medical assistance director shall serve at the~~	93714
~~governor's pleasure. The medical assistance director is not an~~	93715
~~assistant director of the department of job and family services~~	93716
~~for purposes of section 121.05 or 5101.03 of the Revised Code or~~	93717
~~any other purpose.~~	93718

~~Subject to appropriations for the medicaid program and~~	93719
~~children's health insurance program, the department of job and~~	93720
~~family services shall provide staff and support services as~~	93721
~~necessary for the operation of the office of medical assistance.~~	93722

~~If a statute, rule, contract, or other legal authority~~	93723
~~requires the director of job and family services or department of~~	93724
~~job and family services to take an action regarding the medicaid~~	93725
~~program or children's health insurance program, the medical~~	93726
~~assistance director or office of medical assistance shall take the~~	93727
~~action in place of the director of job and family services or~~	93728
~~department of job and family services. If a statute, rule,~~	93729
~~contract, or other legal authority permits the director of job and~~	93730
~~family services or department of job and family services to take~~	93731
~~an action regarding the medicaid program or children's health~~	93732
~~insurance program, the medical assistance director or office of~~	93733
~~medical assistance shall take the action in place of the director~~	93734
~~of job and family services or department of job and family~~	93735
~~services if the action is to be taken.~~	93736

~~The office~~For the purpose of the "Social Security Act,"	93737
section 1902(a)(5), 42 U.S.C. 1396a(a)(5), the department of	93738
~~medical assistance~~medicaid shall act as the single state agency	93739
to supervise the administration of the medicaid program. As the	93740
single state agency, the ~~office~~department shall comply with 42	93741
C.F.R. 431.10(e) and all other federal requirements applicable to	93742
the single state agency. ~~The office's rules governing medicaid are~~	93743
~~binding on other agencies that administer components of the~~	93744
~~medicaid program. No agency may establish, by rule or otherwise, a~~	93745
~~policy governing medicaid that is inconsistent with a medicaid~~	93746
~~policy established, in rule or otherwise, by the medical~~	93747
~~assistance director.~~	93748

~~(C) The office of medical assistance may provide medical~~	93749
~~assistance under the medicaid program as long as federal funds are~~	93750
~~provided for such assistance, to the following:~~	93751

~~(1) Families with children that meet either of the following~~	93752
~~conditions:~~	93753

~~(a) The family meets the income, resource, and family~~	93754
~~composition requirements in effect on July 16, 1996, for the~~	93755
~~former aid to dependent children program as those requirements~~	93756
~~were established by Chapter 5107. of the Revised Code, federal~~	93757
~~waivers granted pursuant to requests made under former section~~	93758
~~5101.09 of the Revised Code, and rules adopted by the department~~	93759
~~or any changes the department makes to those requirements in~~	93760
~~accordance with paragraph (a)(2) of section 114 of the "Personal~~	93761
~~Responsibility and Work Opportunity Reconciliation Act of 1996,"~~	93762
~~110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of~~	93763
~~implementing section 5111.0120 of the Revised Code. An adult loses~~	93764
~~eligibility for medicaid under division (C)(1)(a) of this section~~	93765
~~pursuant to division (E) of section 5107.16 of the Revised Code.~~	93766

~~(b) The family does not meet the requirements specified in~~	93767
~~division (C)(1)(a) of this section but is eligible for medicaid~~	93768
~~pursuant to section 5101.18 of the Revised Code.~~	93769

~~(2) Aged, blind, and disabled persons who meet the following~~	93770
~~conditions:~~	93771

~~(a) Receive federal aid under Title XVI of the "Social~~	93772
~~Security Act," or are eligible for but are not receiving such aid,~~	93773
~~provided that the income from all other sources for individuals~~	93774
~~with independent living arrangements shall not exceed one hundred~~	93775
~~seventy-five dollars per month. The income standards hereby~~	93776
~~established shall be adjusted annually at the rate that is used by~~	93777
~~the United States department of health and human services to~~	93778
~~adjust the amounts payable under Title XVI.~~	93779

~~(b) Do not receive aid under Title XVI, but meet any of the~~	93780
~~following criteria:~~	93781

~~(i) Would be eligible to receive such aid, except that their~~	93782
~~income, other than that excluded from consideration as income~~	93783
~~under Title XVI, exceeds the maximum under division (C)(2)(a) of~~	93784
~~this section, and incurred expenses for medical care, as~~	93785
~~determined under federal regulations applicable to section 209(b)~~	93786
~~of the "Social Security Amendments of 1972," 86 Stat. 1381, 42~~	93787
~~U.S.C. 1396a(f), as amended, equal or exceed the amount by which~~	93788
~~their income exceeds the maximum under division (C)(2)(a) of this~~	93789
~~section;~~	93790

~~(ii) Received aid for the aged, aid to the blind, or aid for~~	93791
~~the permanently and totally disabled prior to January 1, 1974, and~~	93792
~~continue to meet all the same eligibility requirements;~~	93793

~~(iii) Are eligible for medicaid pursuant to section 5101.18~~	93794
~~of the Revised Code.~~	93795

~~(3) Persons to whom federal law requires, as a condition of~~	93796
~~state participation in the medicaid program, that medicaid be~~	93797
~~provided;~~	93798

~~(4) Persons under age twenty-one who meet the income~~	93799
~~requirements for the Ohio works first program established under~~	93800
~~Chapter 5107. of the Revised Code but do not meet other~~	93801
~~eligibility requirements for the program. The medical assistance~~	93802
~~director shall adopt rules in accordance with Chapter 119. of the~~	93803
~~Revised Code specifying which Ohio works first requirements shall~~	93804
~~be waived for the purpose of providing medicaid eligibility under~~	93805
~~division (C)(4) of this section.~~	93806

~~(D) If sufficient funds are appropriated for the medicaid~~	93807
~~program, the office of medical assistance may provide medical~~	93808
~~assistance under the medicaid program to persons in groups~~	93809
~~designated by federal law as groups to which a state, at its~~	93810
~~option, may provide medical assistance under the medicaid program.~~	93811

~~(E) The office of medical assistance may expand eligibility~~	93812
~~for the medicaid program to include individuals under age nineteen~~	93813
~~with family incomes at or below one hundred fifty per cent of the~~	93814
~~federal poverty guidelines, except that the eligibility expansion~~	93815
~~shall not occur unless the office receives the approval of the~~	93816
~~federal government. The office may implement the eligibility~~	93817
~~expansion authorized under this division on any date selected by~~	93818
~~the office, but not sooner than January 1, 1998.~~	93819

~~(F) In addition to any other authority or requirement to~~	93820
~~adopt rules under this chapter, the medical assistance director~~	93821
~~may adopt rules in accordance with section 111.15 of the Revised~~	93822
~~Code as the director considers necessary to establish standards,~~	93823
~~procedures, and other requirements regarding the provision of~~	93824
~~medical assistance under the medicaid program. The rules may~~	93825
~~establish requirements to be followed in applying for medicaid,~~	93826
~~making determinations of eligibility for medicaid, and verifying~~	93827
~~eligibility for medicaid. The rules may include special conditions~~	93828
~~as the office determines appropriate for making applications,~~	93829
~~determining eligibility, and verifying eligibility for any medical~~	93830
~~assistance that the office may provide under the medicaid program~~	93831
~~pursuant to division (E) of this section and section 5111.014 or~~	93832
~~5111.0120 of the Revised Code.~~	93833

~~Sec. 5111.98.~~ Sec. 5162.031. (A) The medicaid director ~~of job and~~	93834
~~family services~~ may do all of the following as necessary for the	93835
department of ~~job and family services~~medicaid to fulfill the	93836
duties it has, as the single state agency for the medicaid	93837
program, under the "Medicare Prescription Drug, Improvement, and	93838
Modernization Act of 2003" Pub. L. No. 108-173~~, 117 Stat. 2066~~:	93839

(1) Adopt rules in accordance with division (B) of this	93840
section;	93841

(2) Assign duties to county departments of job and family	93842
services;	93843

(3) Make payments to the United States department of health	93844
and human services from appropriations made to the department of	93845
~~job and family services~~medicaid for this purpose.	93846

(B) Rules ~~adopted under~~authorized by division (A)(1) of this	93847
section shall be adopted as follows:	93848

(1) If the rules concern the department's duties regarding	93849
~~service~~medicaid providers, ~~in accordance with Chapter 119.~~under	93850
sections 5164.02 and 5165.02 of the Revised Code, as appropriate;	93851

(2) If the rules concern the department's duties concerning	93852
individuals' eligibility for medicaid services, ~~in accordance with~~	93853
under section ~~111.15~~5163.02 of the Revised Code;	93854

(3) If the rules concern the department's duties concerning	93855
financial and operational matters between the department and	93856
county departments of job and family services, ~~in accordance with~~	93857
under section ~~111.15~~5162.02 of the Revised Code ~~as if the rules~~	93858
~~were internal management rules~~.	93859

~~Sec. 5111.102.~~ Sec. 5162.04. As used in this section, "state	93860
agency" has the same meaning as in section 9.23 of the Revised	93861
Code.	93862

No provision of Title LI of the Revised Code or any other law	93863
of this state that incorporates any provision of federal ~~Medicaid~~	93864
medicaid law, ~~Title XIX of the Social Security Act, 79 Stat. 286~~	93865
~~(1965), 42 U.S.C. 1396,~~ or that may be construed as requiring the	93866
state, a state agency, or any state official or employee to comply	93867
with that federal provision, shall be construed as creating a	93868
cause of action to enforce such state law beyond the causes of	93869
action available under federal law for enforcement of the	93870
provision of federal law.	93871

Sec. 5162.05. The medicaid program shall be implemented in	93872
accordance with all of the following:	93873

(A) The medicaid state plan approved by the United States	93874
secretary of health and human services, including amendments to	93875
the plan approved by the United States secretary;	93876

(B) Federal medicaid waivers granted by the United States	93877
secretary, including amendments to waivers approved by the United	93878
States secretary;	93879

(C) Other types of federal approval, including demonstration	93880
grants, that establish requirements for components of the medicaid	93881
program;	93882

(D) Except as otherwise authorized by a federal medicaid	93883
waiver granted by the United States secretary, all applicable	93884
federal statutes, regulations, and policy guidances;	93885

(E) All applicable state statutes.

93886

Sec. 5162.06. (A) Notwithstanding any other state statute,	93887
no component, or aspect of a component, of the medicaid program	93888
shall be implemented without all of the following:	93889

(1) Subject to division (B) of this section, if the	93890
component, or aspect of the component, requires federal approval,	93891
receipt of the federal approval;	93892

(2) Sufficient federal financial participation for the	93893
component or aspect of the component;	93894

(3) Sufficient nonfederal funds for the component or aspect	93895
of the component that qualify as funds needed to obtain the	93896
federal financial participation.	93897

(B) A component, or aspect of a component, of the medicaid	93898
program that requires federal approval may begin to be implemented	93899
before receipt of the federal approval if federal law authorizes	93900
implementation to begin before receipt of the federal approval.	93901
Implementation shall cease if the federal approval is ultimately	93902
denied.	93903

Sec. 5162.07. The medicaid director shall seek federal	93904
approval for all components, and aspects of components, of the	93905
medicaid program for which federal approval is needed, except that	93906
the director is permitted rather than required to seek federal	93907
approval for components, and aspects of components, that state	93908
statutes permit rather than require be implemented. Federal	93909
approval shall be sought in the following forms as appropriate:	93910

(A) The medicaid state plan;

93911

(B) Amendments to the medicaid state plan;

93912

93913

(D) Amendments to federal medicaid waivers;

93914

(E) Other types of federal approval, including demonstration	93915
grants.	93916

~~Sec. 5111.10.~~ Sec. 5162.10. The medicaid director ~~of job and~~	93917
~~family services~~ may conduct reviews of the medicaid program. The	93918
reviews may include physical inspections of records and sites	93919
where ~~medicaid-funded~~medicaid services are provided and	93920
interviews of medicaid providers and medicaid recipients ~~of the~~	93921
~~services~~. If the director determines pursuant to a review that a	93922
person or government entity has violated a rule governing the	93923
medicaid program, the director may establish a corrective action	93924
plan for the violator and impose fiscal, administrative, or both	93925
types of sanctions on the violator in accordance with rules	93926
~~governing the medicaid program~~adopted under section 5162.02 of	93927
the Revised Code.	93928

~~Sec. 5111.915.~~ Sec. 5162.11. (A) The department of ~~job and family~~	93929
~~services~~medicaid shall enter into an agreement with the	93930
department of administrative services for the department of	93931
administrative services to contract through competitive selection	93932
pursuant to section 125.07 of the Revised Code with a vendor to	93933
perform an assessment of the data collection and data warehouse	93934
functions of the medicaid data warehouse system, including the	93935
ability to link the data sets of all agencies serving medicaid	93936
recipients.	93937

The assessment of the data system shall include functions	93938
related to fraud and abuse detection, program management and	93939
budgeting, and performance measurement capabilities of all	93940
agencies serving medicaid recipients, including the departments of	93941
aging, ~~alcohol and drug addiction services,~~ health, job and family	93942
services, medicaid, ~~mental health~~mental health and addiction	93943
services, and developmental disabilities.	93944

~~The department of administrative services shall enter into~~	93945
~~this contract within thirty days after September 29, 2005. The~~	93946
~~contract shall require the vendor to complete the assessment~~	93947
~~within ninety days after September 29, 2005.~~	93948

A qualified vendor with whom the department of administrative	93949
services contracts to assess the data system shall also assist the	93950
medicaid agencies in the definition of the requirements for an	93951
enhanced data system or a new data system and assist the	93952
department of administrative services in the preparation of a	93953
request for proposal to enhance or develop a data system.	93954

(B) Based on the assessment performed pursuant to division	93955
(A) of this section, the department of administrative services	93956
shall seek a qualified vendor through competitive selection	93957
pursuant to section 125.07 of the Revised Code to develop or	93958
enhance a data collection and data warehouse system for the	93959
department of ~~job and family services~~medicaid and all agencies	93960
serving medicaid recipients.	93961

~~Within ninety days after September 29, 2005, the~~The	93962
department of ~~job and family services~~medicaid shall seek enhanced	93963
federal ~~funding~~financial participation for ninety per cent of	93964
the funds required to establish or enhance the data system. The	93965
department of administrative services shall not award a contract	93966
for establishing or enhancing the data system until the department	93967
of ~~job and family services~~medicaid receives approval from the	93968
~~secretary of the~~ United States ~~department~~secretary of health and	93969
human services for the ninety per cent federal ~~match~~financial	93970
participation.	93971

Sec. 5162.12. (A) The medicaid director may enter into a	93972
contract with one or more persons to receive and process, on the	93973
director's behalf, requests for medicaid recipient or claims	93974
payment data, data from reports of audits conducted under section	93975
5165.109 of the Revised Code, or extracts or analyses of any of	93976
the foregoing data made by persons who intend to use the items for	93977
commercial or academic purposes.	93978

(B) At a minimum, a contract entered into under this section	93979
shall do both of the following:	93980

(1) Authorize the contracting person to engage in the	93981
activities described in division (A) of this section for	93982
compensation, which must be stated as a percentage of the fees	93983
paid by persons who are provided the items;	93984

(2) Specify the schedule of fees the contracting person is to	93985
charge for the items.	93986

(C) Except as required by federal or state law and subject to	93987
division (E) of this section, both of the following conditions	93988
apply with respect to a request for data described in division (A)	93989
of this section:	93990

(1) The request shall be made through a person who has	93991
entered into a contract with the medicaid director under this	93992
section.	93993

(2) An item prepared pursuant to the request may be provided	93994
to the department of medicaid and is confidential and not subject	93995
to disclosure under section 149.43 or 1347.08 of the Revised Code.	93996

(D) The medicaid director shall use fees the director	93997
receives pursuant to a contract entered into under this section to	93998
pay obligations specified in contracts entered under this section.	93999
Any money remaining after the obligations are paid shall be	94000
deposited in the health care services administration fund created	94001
under section 5162.54 of the Revised Code.	94002

(E) This section does not apply to requests for medicaid	94003
recipient or claims payment data, data from reports of audits	94004
conducted under section 5165.109 of the Revised Code, or extracts	94005
or analyses of any of the foregoing data that are for any of the	94006
following purposes:	94007

(1) Treatment of medicaid recipients;

94008

(2) Payment of medicaid claims;

94009

(3) Establishment or management of medicaid third party	94010
liability pursuant to sections 5160.35 to 5160.43 of the Revised	94011
Code;	94012

(4) Compliance with the terms of an agreement the medicaid	94013
director enters into for purposes of administering the medicaid	94014
program;	94015

(5) Compliance with an operating protocol the executive	94016
director of the office of health transformation or the executive	94017
director's designee adopts under division (D) of section 191.06 of	94018
the Revised Code.	94019

~~Sec. 5111.09.~~ Sec. 5162.13. On or before the first day of January	94020
of each year, the department of ~~job and family services~~medicaid	94021
shall submit to the speaker and minority leader of the house of	94022
representatives and the president and minority leader of the	94023
senate, and shall make available to the public, a report on the	94024
effectiveness of the ~~Ohio works first program established under~~	94025
~~Chapter 5107. of the Revised Code and the medical assistance~~	94026
medicaid program ~~established under this chapter~~ in meeting the	94027
health care needs of low-income pregnant women, infants, and	94028
children. The report shall include: the estimated number of	94029
~~persons eligible for health care services to~~ pregnant women,	94030
infants, and children ~~under the programs~~eligible for the	94031
program; the actual number of eligible persons ~~served~~enrolled in	94032
the program; the number of prenatal, postpartum, and child health	94033
visits; a report on birth outcomes, including a comparison of	94034
low-birthweight births and infant mortality rates of ~~program~~	94035
~~participants~~medicaid recipients with the general female	94036
child-bearing and infant population in this state; and a	94037
comparison of the prenatal, delivery, and child health costs of	94038
the ~~programs~~program with such costs of similar programs in other	94039
states, where available.	94040

~~Sec. 5111.091.~~ Sec. 5162.131. Semiannually, the medicaid director	94041
~~of job and family services~~ shall submit to the president and	94042
minority leader of the senate, speaker and minority leader of the	94043
house of representatives, and the chairpersons of the standing	94044
committees of the senate and house of representatives with primary	94045
responsibility for legislation making biennial appropriations a	94046
report on the establishment and implementation of programs	94047
designed to control the increase of the cost of the medicaid	94048
program, increase the efficiency of the medicaid program, and	94049
promote better health outcomes. In each calendar year, one report	94050
shall be submitted not later than the last day of June and the	94051
subsequent report shall be submitted not later than the last day	94052
of December.	94053

~~Sec. 5111.092.~~ Sec. 5162.132. ~~(A) Not later than January 1, 2010,~~	94054
~~and each year thereafter~~Annually, the department of ~~job and~~	94055
~~family services~~medicaid shall prepare a report on the	94056
department's efforts to minimize fraud, waste, and abuse in the	94057
medicaid program.	94058

~~(B)~~ Each report shall be made available on the department's	94059
web site. The department shall submit a copy of each report to the	94060
governor and, in accordance with section 101.68 of the Revised	94061
Code, the general assembly. Copies of the report also shall be	94062
made available to the public on request.	94063

~~Sec. 5111.101.~~ Sec. 5162.15. (A) As used in this section;

94064

"Agent" and "contractor" include any agent, contractor,	94065
subcontractor, or other person who, on behalf of an entity,	94066
furnishes or authorizes the furnishing of ~~health care items or~~	94067
medicaid services ~~under the medicaid program~~, performs billing or	94068
coding functions, or is involved in monitoring of health care that	94069
an entity provides.	94070

"Employee" includes any officer or employee (including	94071
management employees) of an entity.	94072

"Entity" includes a governmental entity or an organization,	94073
unit, corporation, partnership, or other business arrangement,	94074
including any medicaid managed care organization, irrespective of	94075
the form of business structure or arrangement by which it exists,	94076
whether for-profit or not-for-profit. "Entity" does not include a	94077
government entity that administers one or more components of the	94078
medicaid program, unless the government entity receives medicaid	94079
payments for providing ~~items or~~medicaid services.	94080

"Federal health care programs" has the same meaning as in the	94081
"Social Security Act," section 1128B, 42 U.S.C. 1320a-7b(f).	94082

(B) Each entity that receives or makes in a federal fiscal	94083
year payments under the medicaid program, either through the	94084
medicaid state ~~medicaid~~ plan or a federal medicaid waiver,	94085
totaling at least five million dollars shall, as a condition of	94086
receiving such payments, do all of the following not later than	94087
the first day of the succeeding calendar year:	94088

(1) Establish written policies for all of the entity's	94089
employees, contractors, and agents that provide detailed	94090
information about the role of all of the following in preventing	94091
and detecting fraud, waste, and abuse in federal health care	94092
programs:	94093

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

94094

(b) Federal administrative remedies for false claims and	94095
statements available under 31 U.S.C. 3801 to 3812;	94096

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	94097
Revised Code and any other state laws pertaining to civil or	94098
criminal penalties for false claims and statements;	94099

(d) Whistleblower protections under the laws specified in	94100
divisions (B)(1)(a) to (c) of this section.	94101

(2) Include as part of the written policies required by	94102
division (B)(1) of this section detailed provisions regarding the	94103
entity's policies and procedures for preventing and detecting	94104
fraud, waste, and abuse.	94105

(3) Disseminate the written policies required by division	94106
(B)(1) of this section to each of the entity's employees,	94107
contractors, and agents in a paper or electronic form and make the	94108
written policies readily available to the entity's employees,	94109
contractors, and agents.	94110

(4) If the entity has an employee handbook, include in the	94111
employee handbook a specific discussion of the laws specified in	94112
division (B)(1) of this section, the rights of employees to be	94113
protected as whistleblowers, and the entity's policies and	94114
procedures for preventing and detecting fraud, waste, and abuse.	94115

(5) Require the entity's contractors and agents to adopt the	94116
entity's written policies required by division (B)(1) of this	94117
section.	94118

(C) An entity that furnishes ~~items or~~medicaid services at	94119
multiple locations or under multiple contractual or other payment	94120
arrangements is required to comply with division (B) of this	94121
section if the entity receives in a federal fiscal year medicaid	94122
payments totaling in the aggregate at least five million dollars.	94123
This applies regardless of whether the entity submits claims for	94124
medicaid payments using multiple provider identification or tax	94125
identification numbers.	94126

~~Sec. 5111.0112.~~ Sec. 5162.20. (A) The ~~director~~department of ~~job~~	94127
~~and family services~~medicaid shall institute a cost-sharing	94128
~~program under~~requirements for the medicaid program. In	94129
~~instituting the cost-sharing program, the director shall comply~~	94130
~~with federal law.~~ The cost-sharing ~~program~~requirements shall	94131
~~establish~~include a copayment requirement for at least dental	94132
services, vision services, nonemergency emergency department	94133
services, and ~~prescription~~prescribed drugs~~, other than generic~~	94134
~~drugs~~. The cost-sharing ~~program~~requirements also shall ~~establish~~	94135
include requirements regarding premiums, enrollment fees,	94136
deductions, and similar charges. ~~The director shall adopt rules~~	94137
~~under section 5111.02 of the Revised Code governing the~~	94138
~~cost-sharing program.~~	94139

(B) ~~The cost-sharing program shall, to the extent permitted~~	94140
~~by federal law, provide for all of the following with regard to~~	94141
~~any providers participating in the medicaid program:~~	94142

(1) No provider shall refuse to provide a service to a	94143
medicaid recipient who is unable to pay a required copayment for	94144
the service.	94145

(2) Division (B)(1) of this section shall not be considered	94146
to do either of the following with regard to a medicaid recipient	94147
who is unable to pay a required copayment:	94148

(a) Relieve the medicaid recipient from the obligation to pay	94149
a copayment;	94150

(b) Prohibit the provider from attempting to collect an	94151
unpaid copayment.	94152

~~(3)~~(C) Except as provided in division ~~(C)~~(F) of this section,	94153
no provider shall waive a medicaid recipient's obligation to pay	94154
the provider a copayment.	94155

~~(4)~~(D) No provider or drug manufacturer, including the	94156
manufacturer's representative, employee, independent contractor,	94157
or agent, shall pay any copayment on behalf of a medicaid	94158
recipient.	94159

~~(5)~~(E) If it is the routine business practice of ~~the~~a	94160
provider to refuse service to any individual who owes an	94161
outstanding debt to the provider, the provider may consider an	94162
unpaid copayment imposed by the cost-sharing ~~program~~requirements	94163
as an outstanding debt and may refuse service to a medicaid	94164
recipient who owes the provider an outstanding debt. If the	94165
provider intends to refuse service to a medicaid recipient who	94166
owes the provider an outstanding debt, the provider shall notify	94167
the ~~individual~~recipient of the provider's intent to refuse	94168
~~services~~service.	94169

~~(C)~~(F) In the case of a provider that is a hospital, the	94170
cost-sharing program shall permit the hospital to take action to	94171
collect a copayment by providing, at the time services are	94172
rendered to a medicaid recipient, notice that a copayment may be	94173
owed. If the hospital provides the notice and chooses not to take	94174
any further action to pursue collection of the copayment, the	94175
prohibition against waiving copayments specified in division	94176
~~(B)(3)~~(C) of this section does not apply.	94177

~~(D)~~(G) The department of ~~job and family services~~medicaid may	94178
~~work~~collaborate with a state agency that is administering,	94179
pursuant to a contract entered into under section ~~5111.91~~5162.35	94180
of the Revised Code, one or more components ~~of the medicaid~~	94181
~~program~~, or one or more aspects of a component, of the medicaid	94182
program as necessary for the state agency to apply the	94183
cost-sharing ~~program~~requirements to the components or aspects of	94184
~~the medicaid program~~a component that the state agency	94185
administers.	94186

~~Sec. 5111.11.~~ Sec. 5162.21. (A) As used in this section and	94187
section ~~5111.111~~5162.211 of the Revised Code:	94188

(1) "Estate" includes both of the following:

94189

(a) All real and personal property and other assets to be	94190
administered under Title XXI of the Revised Code and property that	94191
would be administered under that title if not for section 2113.03	94192
or 2113.031 of the Revised Code;	94193

(b) Any other real and personal property and other assets in	94194
which an individual had any legal title or interest at the time of	94195
death (to the extent of the interest), including assets conveyed	94196
to a survivor, heir, or assign of the individual through joint	94197
tenancy, tenancy in common, survivorship, life estate, living	94198
trust, or other arrangement.	94199

(2) "Institution" means a nursing facility, ~~intermediate care~~	94200
~~facility for the mentally retarded~~ICF/MR, or a medical	94201
institution.	94202

(3) ~~"Intermediate care facility for the mentally retarded"~~	94203
~~and "nursing facility" have the same meanings as in section~~	94204
~~5111.20 of the Revised Code.~~	94205

~~(4)~~ "Permanently institutionalized individual" means an	94206
individual to whom all of the following apply:	94207

(a) Is an inpatient in an institution;

94208

(b) Is required, as a condition of the medicaid program	94209
paying for the individual's services in the institution, to spend	94210
for costs of medical or nursing care all of the individual's	94211
income except for an amount for personal needs specified by the	94212
department of ~~job and family services~~medicaid;	94213

(c) Cannot reasonably be expected to be discharged from the	94214
institution and return home as determined by the department of ~~job~~	94215
~~and family services~~medicaid.	94216

~~(5)~~(4) "Qualified state long-term care insurance partnership	94217
program" means the program established under section ~~5111.18~~	94218
5164.86 of the Revised Code.	94219

~~(6)~~(5) "Time of death" shall not be construed to mean a time	94220
after which a legal title or interest in real or personal property	94221
or other asset may pass by survivorship or other operation of law	94222
due to the death of the decedent or terminate by reason of the	94223
decedent's death.	94224

(B) To the extent permitted by federal law, the department of	94225
~~job and family services~~medicaid shall institute a medicaid estate	94226
recovery program under which the department shall, except as	94227
provided in divisions (C) and (E) of this section, and subject to	94228
division (D) of this section, do all of the following:	94229

(1) For the costs of medicaid services the medicaid program	94230
correctly paid or will pay on behalf of a permanently	94231
institutionalized individual of any age, seek adjustment or	94232
recovery from the individual's estate or on the sale of property	94233
of the individual or spouse that is subject to a lien imposed	94234
under section ~~5111.111~~5162.211 of the Revised Code;	94235

(2) For the costs of medicaid services the medicaid program	94236
correctly paid or will pay on behalf of an individual fifty-five	94237
years of age or older who is not a permanently institutionalized	94238
individual, seek adjustment or recovery from the individual's	94239
estate;	94240

(3) Seek adjustment or recovery from the estate of other	94241
individuals as permitted by federal law.	94242

(C)(1) No adjustment or recovery may be made under division	94243
(B)(1) of this section from a permanently institutionalized	94244
individual's estate or on the sale of property of a permanently	94245
institutionalized individual that is subject to a lien imposed	94246
under section ~~5111.111~~5162.211 of the Revised Code or under	94247
division (B)(2) or (3) of this section from an individual's estate	94248
while either of the following are alive:	94249

(a) The spouse of the permanently institutionalized	94250
individual or individual;	94251

(b) The son or daughter of a permanently institutionalized	94252
individual or individual if the son or daughter is under age	94253
twenty-one or, under the "Social Security Act," section 1614, 42	94254
U.S.C. 1382c, is considered blind or disabled.	94255

(2) No adjustment or recovery may be made under division	94256
(B)(1) of this section from a permanently institutionalized	94257
individual's home that is subject to a lien imposed under section	94258
~~5111.111~~5162.211 of the Revised Code while either of the	94259
following lawfully reside in the home:	94260

(a) The permanently institutionalized individual's sibling	94261
who resided in the home for at least one year immediately before	94262
the date of the permanently institutionalized individual's	94263
admission to the institution and on a continuous basis since that	94264
time;	94265

(b) The permanently institutionalized individual's son or	94266
daughter who provided care to the permanently institutionalized	94267
individual that delayed the permanently institutionalized	94268
individual's institutionalization and resided in the home for at	94269
least two years immediately before the date of the permanently	94270
institutionalized individual's admission to the institution and on	94271
a continuous basis since that time.	94272

(D) In the case of a participant of the qualified state	94273
long-term care insurance partnership program, adjustment or	94274
recovery required by this section may be reduced in accordance	94275
with rules ~~adopted under~~authorized by division (G) of this	94276
section.	94277

(E) The department shall, in accordance with procedures and	94278
criteria established in rules ~~adopted under~~authorized by division	94279
(G) of this section, waive seeking an adjustment or recovery	94280
otherwise required by this section if the medicaid director ~~of job~~	94281
~~and family services~~ determines that adjustment or recovery would	94282
work an undue hardship. The department may limit the duration of	94283
the waiver to the period during which the undue hardship exists.	94284

(F) For the purpose of determining whether an individual	94285
meets the definition of "permanently institutionalized individual"	94286
established for this section, a rebuttable presumption exists that	94287
the individual cannot reasonably be expected to be discharged from	94288
an institution and return home if either of the following is the	94289
case:	94290

(1) The individual declares that he or she does not intend to	94291
return home.	94292

(2) The individual has been an inpatient in an institution	94293
for at least six months.	94294

(G) ~~The director of job and family services shall adopt rules~~	94295
~~in accordance with Chapter 119. of the Revised Code regarding the~~	94296
~~medicaid estate recovery program, including rules that~~Rules	94297
adopted under section 5162.02 of the Revised Code shall do both of	94298
the following:	94299

(1) For the purpose of division (D) of this section and	94300
consistent with the "Social Security Act," section 1917(b)(1)(C),	94301
42 U.S.C. 1396p(b)(1)(C), provide for reducing an adjustment or	94302
recovery in the case of a participant of the qualified state	94303
long-term care insurance partnership program;	94304

(2) For the purpose of division (E) of this section and	94305
consistent with the standards specified by the United States	94306
secretary of health and human services under the "Social Security	94307
Act," section 1917(b)(3), 42 U.S.C. 1396p(b)(3), establish	94308
procedures and criteria for waiving adjustment or recovery due to	94309
an undue hardship.	94310

~~Sec. 5111.111.~~ Sec. 5162.211. (A) Except as provided in division	94311
(B) of this section and section ~~5111.12~~5162.23 of the Revised	94312
Code, no lien may be imposed against the property of an individual	94313
before the individual's death on account of medicaid services	94314
correctly paid or to be paid on the individual's behalf.	94315

(B) Except as provided in division (C) of this section, the	94316
department of ~~job and family services~~medicaid may impose a lien	94317
against the real property of a medicaid recipient who is a	94318
permanently institutionalized individual and against the real	94319
property of the recipient's spouse, including any real property	94320
that is jointly held by the recipient and spouse. The lien may be	94321
imposed on account of medicaid paid or to be paid on the	94322
recipient's behalf.	94323

(C) No lien may be imposed under division (B) of this section	94324
against the home of a medicaid recipient if any of the following	94325
lawfully resides in the home:	94326

(1) The recipient's spouse;

94327

(2) The recipient's son or daughter who is under twenty-one	94328
years of age or, under the "Social Security Act," section 1614, 42	94329
U.S.C. 1382c, considered to be blind or disabled;	94330

(3) The recipient's sibling who has an equity interest in the	94331
home and resided in the home for at least one year immediately	94332
before the date of the recipient's admission to the institution.	94333

(D) The medicaid director ~~of job and family services~~ or a	94334
person designated by the director shall sign a certificate to	94335
effectuate a lien required to be imposed under this section. The	94336
county department of job and family services shall file for	94337
recording and indexing the certificate, or a certified copy, in	94338
the real estate mortgage records in the office of the county	94339
recorder in every county in which real property of the recipient	94340
or spouse is situated. From the time of filing the certificate in	94341
the office of the county recorder, the lien attaches to all real	94342
property of the recipient or spouse described in the certificate	94343
for all amounts for which adjustment or recovery may be made under	94344
section ~~5111.11~~5162.21 of the Revised Code and, except as	94345
provided in division (E) of this section, shall remain a lien	94346
until satisfied.	94347

Upon filing the certificate in the office of the recorder,	94348
all persons are charged with notice of the lien and the rights of	94349
the department of ~~job and family services~~medicaid thereunder.	94350

The county recorder shall keep a record of every certificate	94351
filed showing its date, the time of filing, the name and residence	94352
of the recipient or spouse, and any release, waivers, or	94353
satisfaction of the lien.	94354

The priority of the lien shall be established in accordance	94355
with state and federal law.	94356

The department may waive the priority of its lien to provide	94357
for the costs of the last illness as determined by the department,	94358
administration, attorney fees, administrator fees, a sum for the	94359
payment of the costs of burial, which shall be computed by	94360
deducting from five hundred dollars whatever amount is available	94361
for the same purpose from all other sources, and a similar sum for	94362
the spouse of the decedent.	94363

(E) A lien imposed with respect to a medicaid recipient under	94364
this section shall dissolve on the recipient's discharge from the	94365
institution and return home.	94366

~~Sec. 5111.112.~~ Sec. 5162.212. The department of ~~job and family~~	94367
~~services~~medicaid shall certify amounts due under the medicaid	94368
estate recovery program instituted under section ~~5111.11~~5162.21	94369
of the Revised Code to the attorney general pursuant to section	94370
131.02 of the Revised Code. The attorney general may enter into a	94371
contract with any person or government entity to collect the	94372
amounts due on behalf of the attorney general.	94373

The attorney general, in entering into a contract under this	94374
section, shall comply with all of the requirements that must be	94375
met for the state to receive federal financial participation for	94376
the costs incurred in entering into the contract and carrying out	94377
actions under the contract. The contract may provide for the	94378
person or government entity with which the attorney general	94379
contracts to be compensated from the property recovered under the	94380
medicaid estate recovery program or may provide for another manner	94381
of compensation agreed to by the parties to the contract.	94382

Regardless of whether the attorney general collects the	94383
amounts due under the medicaid estate recovery program or	94384
contracts with a person or government entity to collect the	94385
amounts due on behalf of the attorney general, the amounts due	94386
shall be collected in accordance with applicable requirements of	94387
federal statutes and regulations and state statutes and rules.	94388

~~Sec. 5111.113.~~ Sec. 5162.22. (A) As used in this section:

94389

(1) "Commissioner" means a person appointed by a probate	94390
court under division (E) of section 2113.03 of the Revised Code to	94391
act as a commissioner.	94392

(2) "Home" has the same meaning as in section 3721.10 of the	94393
Revised Code.	94394

(3) "Personal needs allowance account" means an account or	94395
petty cash fund that holds the money of a resident of ~~an adult~~	94396
~~care~~a residential facility or home and that the facility or home	94397
manages for the resident.	94398

(4) "Residential facility" means a residential facility	94399
licensed under section ~~5119.22~~5119.34 of the Revised Code that	94400
provides accommodations, supervision, and personal care services	94401
for three to sixteen unrelated adults.	94402

(B) Except as provided in divisions (C) and (D) of this	94403
section, the owner or operator of a home or residential facility	94404
shall transfer to the department of ~~job and family services~~	94405
medicaid the money in the personal needs allowance account of a	94406
resident of the home or facility who was a medicaid recipient of	94407
~~the medical assistance program~~ no earlier than sixty days but not	94408
later than ninety days after the resident dies. The home or	94409
facility shall transfer the money even though the owner or	94410
operator of the facility or home has not been issued letters	94411
testamentary or letters of administration concerning the	94412
resident's estate.	94413

(C) If funeral or burial expenses for a resident of a home or	94414
residential facility who has died have not been paid and the only	94415
resource the resident had that could be used to pay for the	94416
expenses is the money in the resident's personal needs allowance	94417
account, or all other resources of the resident are inadequate to	94418
pay the full cost of the expenses, the money in the resident's	94419
personal needs allowance account shall be used to pay for the	94420
expenses rather than being transferred to the department of ~~job~~	94421
~~and family services~~medicaid pursuant to division (B) of this	94422
section.	94423

(D) If, not later than sixty days after a resident of a home	94424
or residential facility dies, letters testamentary or letters of	94425
administration are issued, or an application for release from	94426
administration is filed under section 2113.03 of the Revised Code,	94427
concerning the resident's estate, the owner or operator of the	94428
home or facility shall transfer the money in the resident's	94429
personal needs allowance account to the administrator, executor,	94430
commissioner, or person who filed the application for release from	94431
administration.	94432

(E) The transfer or use of money in a resident's personal	94433
needs allowance account in accordance with division (B), (C), or	94434
(D) of this section discharges and releases the home or	94435
residential facility, and the owner or operator of the home, from	94436
any claim for the money from any source.	94437

(F) If, sixty-one or more days after a resident of a home or	94438
residential facility dies, letters testamentary or letters of	94439
administration are issued, or an application for release from	94440
administration under section 2113.03 of the Revised Code is filed,	94441
concerning the resident's estate, the department of ~~job and family~~	94442
~~services~~medicaid shall transfer the funds to the administrator,	94443
executor, commissioner, or person who filed the application,	94444
unless the department is entitled to recover the money under the	94445
medicaid estate recovery program instituted under section ~~5111.11~~	94446
5162.21 of the Revised Code.	94447

~~Sec. 5111.12.~~ Sec. 5162.23. (A) The medicaid director ~~of job and~~	94448
~~family services~~ shall ~~establish~~adopt rules under ~~which~~section	94449
5162.02 of the Revised Code permitting county departments of job	94450
and family services ~~may~~to take action to recover benefits	94451
incorrectly paid on behalf of medicaid recipients ~~of medical~~	94452
~~assistance~~. The rules shall provide for recovery by the following	94453
methods:	94454

(1) Soliciting voluntary payments from recipients or from	94455
persons holding property in which a recipient has a legal or	94456
equitable interest;	94457

(2) Obtaining a lien on property pursuant to division (B) of	94458
this section.	94459

(B) A county department of job and family services may bring	94460
a civil action in a court of common pleas against a medicaid	94461
recipient ~~of medical assistance~~ for the recovery of any ~~medical~~	94462
~~assistance benefits~~medicaid payments determined by the court to	94463
have been paid incorrectly on behalf of the recipient. All persons	94464
holding property in which the recipient has a legal or equitable	94465
interest may be joined as parties. The court may issue	94466
pre-judgment orders, including injunctive relief or attachment	94467
under Chapter 2715. of the Revised Code, for the preservation of	94468
real or personal property in which the recipient may have a legal	94469
or equitable interest. If the court determines that ~~benefits~~	94470
medicaid payments were ~~paid~~made incorrectly and issues a judgment	94471
to that effect, the county department may obtain a lien upon	94472
property of the recipient in accordance with Chapter 2329. of the	94473
Revised Code.	94474

(C) The county department of job and family services shall	94475
retain fifty per cent of the balance remaining after deduction	94476
from the recovery of the amount required to be returned to the	94477
federal government and shall pay the other fifty per cent of the	94478
balance to the department of ~~job and family services~~medicaid.	94479

(D) Recovery of ~~medical assistance benefits~~medicaid payments	94480
incorrectly ~~paid to~~made on behalf of a medicaid recipient may not	94481
be accomplished by reducing the amount of benefits the recipient	94482
is entitled to receive under another government assistance	94483
program.	94484

(E) The remedies provided pursuant to this section do not	94485
affect any other remedies county departments of job and family	94486
services may have to recover benefits incorrectly paid on behalf	94487
of medicaid recipients ~~of medical assistance~~.	94488

~~Sec. 5111.121.~~ Sec. 5162.24. (A) As used in this section, "third	94489
party" has the same meaning as in section ~~5101.571~~5160.35 of the	94490
Revised Code.	94491

(B) In addition to the authority granted under section	94492
~~5101.59~~5160.38 of the Revised Code, the department of ~~job and~~	94493
~~family services~~medicaid may, to the extent necessary to reimburse	94494
its costs, garnish the wages, salary, or other employment income	94495
of, and withhold amounts from state tax refunds to, any person to	94496
whom both of the following apply:	94497

(1) The person is required by a court or administrative order	94498
to provide coverage of the cost of health care services to a child	94499
eligible for ~~medical assistance under this chapter~~medicaid.	94500

(2) The person has received payment from a third party for	94501
the costs of such services but has not used the payment to	94502
reimburse either the other parent or guardian of the child or the	94503
provider of the services.	94504

(C) Claims for current and past due child support shall take	94505
priority over claims under division (B) of this section.	94506

Sec. 5162.31. Local funds, whether from public or private	94507
sources, expended by a county department of job and family	94508
services for administration of the healthy start component shall	94509
be considered to have been expended by the state for the purpose	94510
of determining the extent to which the state has complied with any	94511
federal requirement that the state provide funds to match federal	94512
financial participation for the medicaid program. This section	94513
does not affect the amount of funds a county is entitled to	94514
receive under sections 5101.16 and 5101.161 of the Revised Code.	94515

~~Sec. 5111.90.~~ Sec. 5162.32. ~~(A) As used in sections 5111.90 to~~	94516
~~5111.93 of the Revised Code:~~	94517

~~(1) "Political subdivision" means a municipal corporation,~~	94518
~~township, county, school district, or other body corporate and~~	94519
~~politic responsible for governmental activities only in a~~	94520
~~geographical area smaller than that of the state.~~	94521

~~(2) "State agency" means every organized body, office, or~~	94522
~~agency, other than the department of job and family services,~~	94523
~~established by the laws of the state for the exercise of any~~	94524
~~function of state government.~~	94525

~~(B) To the extent permitted by Title XIX of the "Social~~	94526
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended,~~	94527
~~and regulations adopted under that title, the~~The department of	94528
~~job and family services~~medicaid may enter into contracts with	94529
political subdivisions to use funds of the political subdivision	94530
to pay the nonfederal share of expenditures under the medicaid	94531
program. The determination and provision of federal financial	94532
~~reimbursement~~participation to a subdivision entering into a	94533
contract under this section shall be determined by the department,	94534
subject to section ~~5111.92~~5162.40 of the Revised Code~~, approval~~	94535
~~by the United States secretary of health and human services, and~~	94536
~~the availability of federal financial participation~~.	94537

~~Sec. 5111.91.~~ Sec. 5162.35. The department of ~~job and family~~	94538
~~services~~medicaid may enter into contracts with one or more other	94539
state agencies or political subdivisions to have the state agency	94540
or political subdivision administer one or more components of the	94541
medicaid program, or one or more aspects of a component, under the	94542
department's supervision. A state agency or political subdivision	94543
that enters into such a contract shall comply with the terms of	94544
the contract and any rules the medicaid director ~~of job and family~~	94545
~~services~~ has adopted governing the component, or aspect of the	94546
component, that the state agency or political subdivision is to	94547
administer, including any rules establishing review, audit, and	94548
corrective action plan requirements. A contract with a state	94549
agency shall be in the form of an interagency agreement.	94550

A state agency or political subdivision that enters into a	94551
contract with the department under this section shall reimburse	94552
the department for the nonfederal share of the cost to the	94553
department of performing, or contracting for the performance of, a	94554
fiscal audit of the component of the medicaid program, or aspect	94555
of the component, that the state agency or political subdivision	94556
administers if rules governing the component, or aspect of the	94557
component, require that a fiscal audit be conducted.	94558

~~There is hereby created in the state treasury the medicaid~~	94559
~~administrative reimbursement fund. The department shall use money~~	94560
~~in the fund to pay for the nonfederal share of the cost of a~~	94561
~~fiscal audit for which a state agency or political subdivision is~~	94562
~~required by this section to reimburse the department. The~~	94563
~~department shall deposit the reimbursements into the fund.~~	94564

~~Sec. 5111.71.~~ Sec. 5162.36. (A) ~~As used in sections 5111.71 to~~	94565
~~5111.715 of the Revised Code, "qualified medicaid school provider"~~	94566
~~means the board of education of a city, local, or exempted village~~	94567
~~school district, the governing authority of a community school~~	94568
~~established under Chapter 3314. of the Revised Code, the state~~	94569
~~school for the deaf, and the state school for the blind to which~~	94570
~~both of the following apply:~~	94571

~~(1) It holds a valid medicaid provider agreement.~~

94572

~~(2) It meets all other conditions for participation in the~~	94573
~~medicaid school component of the medicaid program established in~~	94574
~~rules adopted under section 5111.715 of the Revised Code.~~	94575

(B) The medicaid director ~~of job and family services~~ shall	94576
~~submit a state medicaid plan amendment to the United States~~	94577
~~secretary of health and human services for the purpose of creating~~	94578
create, in accordance with sections ~~5111.71~~5162.36 to ~~5111.715~~	94579
5162.364 of the Revised Code, the medicaid school component of the	94580
medicaid program. ~~The director shall create the medicaid school~~	94581
~~component on receipt of the United States secretary's approval of~~	94582
~~the amendment.~~	94583

~~Sec. 5111.711.~~ Sec. 5162.361. A qualified medicaid school provider	94584
participating in the medicaid school component of the medicaid	94585
program may submit a claim to the department of ~~job and family~~	94586
~~services~~medicaid for federal financial participation for	94587
providing, in schools, services covered by the medicaid school	94588
component to medicaid recipients who are eligible for the	94589
services. No qualified medicaid school provider may submit such a	94590
claim before the provider incurs the cost of providing the	94591
service.	94592

The claim shall include certification of the qualified	94593
medicaid school provider's expenditures for the service. The	94594
certification shall show that the money the qualified medicaid	94595
school provider used for the expenditures was nonfederal money the	94596
provider may legally use for providing the service and that the	94597
amount of the expenditures was sufficient to pay the full cost of	94598
the service.	94599

Except as otherwise provided in sections ~~5111.71~~5162.36 to	94600
~~5111.715~~5162.364 of the Revised Code and rules ~~adopted under~~	94601
authorized by sections ~~5111.713~~5162.363 and ~~5111.715~~5162.364 of	94602
the Revised Code, a qualified medicaid school provider is subject	94603
to all conditions of participation in the medicaid program that	94604
generally apply to providers of goods and services under the	94605
medicaid program, including conditions regarding audits and	94606
recovery of overpayments.	94607

~~Sec. 5111.712.~~ Sec. 5162.362. The department of ~~job and family~~	94608
~~services~~medicaid shall seek federal financial participation for	94609
each claim a qualified medicaid school provider properly submits	94610
to the department under section ~~5111.711~~5162.361 of the Revised	94611
Code. The department shall disburse the federal financial	94612
participation the department receives from the federal government	94613
for such a claim to the qualified medicaid school provider that	94614
submitted the claim. The department may not pay the qualified	94615
medicaid school provider the nonfederal share of the cost of the	94616
services for which the claim was submitted.	94617

~~Sec. 5111.713.~~ Sec. 5162.363. The department of ~~job and family~~	94618
~~services~~medicaid shall enter into an interagency agreement with	94619
the department of education under section ~~5111.91~~5162.35 of the	94620
Revised Code that provides for the department of education to	94621
administer the medicaid school component of the medicaid program	94622
other than the aspects of the component that sections ~~5111.71~~	94623
5162.36 to ~~5111.715~~5162.364 of the Revised Code require the	94624
department of ~~job and family services~~medicaid to administer. The	94625
interagency agreement may include a provision that provides for	94626
the department of education to pay to the department of ~~job and~~	94627
~~family services~~medicaid the nonfederal share of a portion of the	94628
administrative expenses the department of ~~job and family services~~	94629
medicaid incurs in administering the aspects of the component that	94630
the department of ~~job and family services~~medicaid administers.	94631

~~The~~To the extent authorized by rules authorized by section	94632
5162.021 of the Revised Code, the department of education shall	94633
establish, in rules adopted under ~~Chapter 119.~~section 5162.02 of	94634
the Revised Code, a process by which qualified medicaid school	94635
providers participating in the medicaid school component pay to	94636
the department of education the nonfederal share of the	94637
department's expenses incurred in administering the component. The	94638
rules shall be adopted in accordance with Chapter 119. of the	94639
Revised Code.	94640

~~Sec. 5111.715.~~ Sec. 5162.364. The medicaid director ~~of job and~~	94641
~~family services~~ shall adopt rules under ~~Chapter 119.~~section	94642
5162.02 of the Revised Code as necessary to implement the medicaid	94643
school component of the medicaid program, including rules that	94644
establish or specify all of the following:	94645

(A) Conditions a board of education of a city, local, or	94646
exempted school district, governing authority of a community	94647
school established under Chapter 3314. of the Revised Code, the	94648
state school for the deaf, and the state school for the blind must	94649
meet to participate in the component;	94650

(B) Services the component covers;

94651

(C) ~~Reimbursement~~Payment rates for the services the	94652
component covers.	94653

The rules shall be adopted in accordance with Chapter 119. of	94654
the Revised Code.	94655

~~Sec. 5111.911.~~ Sec. 5162.37. Any contract the department of ~~job and~~	94656
~~family services~~medicaid enters into with the department of ~~mental~~	94657
~~health or department of alcohol and drug addiction services~~mental	94658
health and addiction services under section ~~5111.91~~5162.35 of the	94659
Revised Code is subject to the approval of the director of budget	94660
and management and shall require or specify all of the following:	94661

(A) ~~In the case of a contract with the department of mental~~	94662
~~health, that~~That section ~~5111.912~~5162.371 of the Revised Code	94663
be complied with;	94664

(B) ~~In the case of a contract with the department of alcohol~~	94665
~~and drug addiction services, that section 5111.913 of the Revised~~	94666
~~Code be complied with;~~	94667

~~(C)~~ How providers will be paid for providing the services;

94668

~~(D)~~(C) The ~~department of mental health's or department of~~	94669
~~alcohol and drug addiction services'~~ responsibilities of the	94670
department of mental health and addiction services with regard to	94671
providers, including program oversight and quality assurance.	94672

~~Sec. 5111.912.~~ Sec. 5162.371. If the department of ~~job and family~~	94673
~~services~~medicaid enters into a contract with the department of	94674
~~mental health~~mental health and addiction services under section	94675
~~5111.91~~5162.35 of the Revised Code, the department of ~~job and~~	94676
~~family services~~medicaid shall pay the nonfederal share of any	94677
medicaid payment to a provider for services under the component,	94678
or aspect of the component, the department of ~~mental health~~mental	94679
health and addiction services administers. ~~If necessary, the~~	94680
~~director of job and family services shall submit a medicaid state~~	94681
~~plan amendment to the United States secretary of health and human~~	94682
~~services regarding the department of job and family services' duty~~	94683
~~under this section.~~	94684

~~Sec. 5111.92.~~ Sec. 5162.40. (A)(1) Except as provided in division	94685
(B) of this section, if a state agency or political subdivision	94686
administers one or more components of the medicaid program that	94687
the United States department of health and human services	94688
approved, and for which federal financial participation was	94689
initially obtained, prior to January 1, 2002, or administers one	94690
or more aspects of such a component, the department of ~~job and~~	94691
~~family services~~medicaid may retain or collect not more than ten	94692
per cent of the federal financial participation the state agency	94693
or political subdivision obtains through an approved,	94694
administrative claim regarding the component or aspect of the	94695
component. If the department retains or collects a percentage of	94696
such federal financial participation, the percentage the	94697
department retains or collects shall be specified in a contract	94698
the department enters into with the state agency or political	94699
subdivision under section ~~5111.91~~5162.35 of the Revised Code.	94700

(2) Except as provided in division (B) of this section, if a	94701
state agency or political subdivision administers one or more	94702
components of the medicaid program that the United States	94703
department of health and human services approved on or after	94704
January 1, 2002, or administers one or more aspects of such a	94705
component, the department of ~~job and family services~~medicaid	94706
shall retain or collect not less than three and not more than ten	94707
per cent of the federal financial participation the state agency	94708
or political subdivision obtains through an approved,	94709
administrative claim regarding the component or aspect of the	94710
component. The percentage the department retains or collects shall	94711
be specified in a contract the department enters into with the	94712
state agency or political subdivision under section ~~5111.91~~	94713
5162.35 of the Revised Code.	94714

(B) ~~The department of job and family services may retain or~~	94715
~~collect a percentage of federal financial participation under~~	94716
~~divisions (A)(1) and (2) of this section only to the extent~~	94717
~~permitted by federal statutes and regulations.~~	94718

~~(C)~~ All amounts the department retains or collects under this	94719
section shall be deposited into the health care services	94720
administration fund created under section ~~5111.94~~5162.54 of the	94721
Revised Code.	94722

~~Sec. 5111.93.~~ Sec. 5162.41. The department of ~~job and family~~	94723
~~services~~medicaid may retain or collect a percentage of the	94724
federal financial participation included in a supplemental	94725
medicaid payment to one or more medicaid providers owned or	94726
operated by a state agency or political subdivision that brings	94727
the payment to such provider or providers to the upper payment	94728
limit established by 42 C.F.R. 447.272. If the department retains	94729
or collects a percentage of that federal financial participation,	94730
the ~~department~~medicaid director shall adopt a rule under ~~Chapter~~	94731
~~119.~~section 5162.02 of the Revised Code specifying the percentage	94732
the department is to retain or collect. All amounts the department	94733
retains or collects under this section shall be deposited into the	94734
health care services administration fund created under section	94735
~~5111.94~~5162.54 of the Revised Code.	94736

~~Sec. 5111.943.~~ Sec. 5162.50. (A) The health care - federal fund is	94737
hereby created in the state treasury. All of the following shall	94738
be credited to the fund:	94739

(1) Funds that division (B) of section ~~5112.18~~5168.11 of the	94740
Revised Code requires be credited to the fund;	94741

(2) The federal share of all rebates paid by drug	94742
manufacturers to the department of ~~job and family services~~	94743
medicaid in accordance with a rebate agreement required by the	94744
"Social Security Act," section 1927, 42 U.S.C. 1396r-8;	94745

(3) The federal share of all supplemental rebates paid by	94746
drug manufacturers to the department of ~~job and family services~~	94747
medicaid in accordance with the supplemental drug rebate program	94748
established under section ~~5111.081~~5164.755 of the Revised Code;	94749

(4) Except as otherwise provided by statute or as authorized	94750
by the controlling board, the federal share of all other	94751
medicaid-related revenues, collections, and recoveries.	94752

(B) All money credited to the health care - federal fund	94753
pursuant to division (B) of section ~~5112.18~~5168.11 of the Revised	94754
Code shall be used solely for distributing funds to hospitals	94755
under section ~~5112.08~~5168.09 of the Revised Code. The department	94756
of ~~job and family services~~medicaid shall use all other money	94757
credited to the fund to pay for other medicaid services and	94758
contracts.	94759

~~Sec. 5111.941.~~ Sec. 5162.52. (A) The health care/medicaid support	94760
and recoveries fund is hereby created in the state treasury. All	94761
of the following shall be credited to the fund:	94762

(1) Except as otherwise provided by statute or as authorized	94763
by the controlling board, the nonfederal share of all	94764
medicaid-related revenues, collections, and recoveries;	94765

(2) Federal reimbursement received for payment adjustments	94766
made pursuant to ~~section 1923 of~~ the "Social Security Act," ~~101~~	94767
~~Stat. 1330-148 (1987)~~section 1923, 42 U.S.C. 1396r-4, ~~as amended,~~	94768
under the medicaid program to state mental health hospitals	94769
maintained and operated by the department of ~~mental health~~mental	94770
health and addiction services under division (A) of section	94771
~~5119.02~~5119.14 of the Revised Code;	94772

(3) Revenues the department of ~~job and family services~~	94773
medicaid receives from another state agency for medicaid services	94774
pursuant to an interagency agreement, other than such revenues	94775
required to be deposited into the health care services	94776
administration fund created under section ~~5111.94~~5162.54 of the	94777
Revised Code;	94778

(4) The first seven hundred fifty thousand dollars the	94779
department receives in a fiscal year for performing eligibility	94780
verification services necessary for compliance with the	94781
independent, certified audit requirement of 42 C.F.R. 455.304;	94782

(5) The nonfederal share of all rebates paid by drug	94783
manufacturers to the department of medicaid in accordance with a	94784
rebate agreement required by the "Social Security Act," section	94785
1927, 42 U.S.C. 1396r-8;	94786

(6) The nonfederal share of all supplemental rebates paid by	94787
drug manufacturers to the department of medicaid in accordance	94788
with the supplemental drug rebate program established under	94789
section 5164.755 of the Revised Code.	94790

(B) The department of ~~job and family services~~medicaid shall	94791
use money credited to the health care/medicaid support and	94792
recoveries fund to pay for medicaid services and contracts.	94793

~~Sec. 5111.94.~~ Sec. 5162.54. (A) ~~As used in this section, "vendor~~	94794
~~offset" means a reduction of a medicaid payment to a medicaid~~	94795
~~provider to correct a previous, incorrect medicaid payment to that~~	94796
~~provider.~~	94797

~~(B)~~ There is hereby created in the state treasury the health	94798
care services administration fund. Except as provided in division	94799
(C) of this section, all the following shall be deposited into the	94800
fund:	94801

(1) Amounts deposited into the fund pursuant to sections	94802
~~5111.92~~5162.12, 5162.40, and ~~5111.93~~5162.41 of the Revised Code;	94803

(2) The amount of the state share of all money the department	94804
of ~~job and family services, in fiscal year 2003 and each fiscal~~	94805
~~year thereafter,~~medicaid recovers each fiscal year pursuant to a	94806
tort action under the department's right of recovery under section	94807
~~5101.58~~5160.37 of the Revised Code that exceeds the state share	94808
of all money the department, in fiscal year 2002, recovers	94809
pursuant to a tort action under that right of recovery;	94810

(3) Subject to division ~~(D)~~(B) of this section, the amount of	94811
the state share of all money the department of ~~job and family~~	94812
~~services~~medicaid, in fiscal year 2003 and each fiscal year	94813
thereafter, recovers through audits of medicaid providers that	94814
exceeds the state share of all money the department, in fiscal	94815
year 2002, recovers through such audits;	94816

(4) Amounts from assessments on hospitals under section	94817
~~5112.06~~5168.06 of the Revised Code and intergovernmental	94818
transfers by governmental hospitals under section ~~5112.07~~5168.07	94819
of the Revised Code that are deposited into the fund in accordance	94820
with the law;	94821

(5) Amounts that the department of education pays to the	94822
department of ~~job and family services~~medicaid, if any, pursuant	94823
to an interagency agreement ~~entered into under~~authorized by	94824
section ~~5111.713~~5162.363 of the Revised Code;	94825

(6) The application fees charged to providers under section	94826
~~5111.063~~5164.31 of the Revised Code;	94827

(7) The fines collected under section ~~5111.271~~5165.1010 of	94828
the Revised Code;	94829

(8) Money the department receives in a fiscal year for	94830
performing eligibility verification services necessary for	94831
compliance with the independent, certified audit requirement of 42	94832
C.F.R. 455.304, other than the amounts of such money that are to	94833
be credited to the health care/medicaid support and recoveries	94834
fund under section 5162.52 of the Revised Code.	94835

~~(C) No funds shall be deposited into the health care services~~	94836
~~administration fund in violation of federal statutes or~~	94837
~~regulations.~~	94838

~~(D)~~(B) In determining under division ~~(B)~~(A)(3) of this	94839
section the amount of money the department, in a fiscal year,	94840
recovers through audits of medicaid providers, the amount	94841
recovered in the form of vendor offset shall be excluded.	94842

~~(E)~~(C) The ~~director~~department of ~~job and family services~~	94843
medicaid shall use funds available in the health care services	94844
administration fund to pay for costs associated with the	94845
administration of the medicaid program.	94846

~~Sec. 5111.945.~~ Sec. 5162.56. There is created in the state treasury	94847
the health care special activities fund. The department of ~~job and~~	94848
~~family services~~medicaid shall deposit all funds it receives	94849
pursuant to the administration of the medicaid program into the	94850
fund, other than any such funds that are required by law to be	94851
deposited into another fund. The department shall use the money in	94852
the fund to pay for expenses related to the services provided	94853
under, and the administration of, the medicaid program.	94854

~~Sec. 5111.944.~~ Sec. 5162.58. ~~(A) As used in this section:~~

94855

~~"Dual eligible individual" has the same meaning as in section~~	94856
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	94857
~~42 U.S.C. 1396n(h)(2)(B).~~	94858

~~"Dual eligible integrated care demonstration project" means~~	94859
~~the demonstration project authorized by section 5111.981 of the~~	94860
~~Revised Code.~~	94861

~~"Medicare program" means the program created under Title~~	94862
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	94863
~~1395, as amended.~~	94864

~~(B)~~ There is created in the state treasury the integrated	94865
care delivery systems fund. If the terms of the federal approval	94866
for the dual eligible integrated care demonstration project	94867
authorized by section 5164.91 of the Revised Code provide for the	94868
state to receive a portion of the amounts that the demonstration	94869
project saves the medicare program, such amounts shall be	94870
deposited into the fund. The department of ~~job and family services~~	94871
medicaid shall use the money in the fund to further develop	94872
integrated delivery systems and improved care coordination for	94873
dual eligible individuals.	94874

Sec. 5162.60. (A) There is hereby created in the state	94875
treasury the managed care performance payment fund. The fund shall	94876
consist of all of the following:	94877

(1) Amounts transferred to it by the director of budget and	94878
management for the purpose of the managed care performance payment	94879
program established under section 5167.30 of the Revised Code;	94880

(2) All fines imposed on and collected from medicaid managed	94881
care organizations for failure to meet performance standards or	94882
other requirements specified in provider agreements or rules	94883
adopted under section 5167.02 of the Revised Code;	94884

(3) All investment earnings of the fund.

94885

(B) Amounts in the fund may be used for the following:

94886

(1) To make performance payments to medicaid managed care	94887
organizations in accordance with section 5167.30 of the Revised	94888
Code;	94889

(2) To meet obligations specified in the provider agreements;

94890

(3) To pay for medicaid services provided by a medicaid	94891
managed care organization;	94892

(4) To reimburse a medicaid managed care organization that	94893
has paid a fine for failure to meet performance standards or other	94894
requirements specified in provider agreements or rules adopted	94895
under section 5167.02 of the Revised Code if that organization	94896
comes into compliance with those standards or requirements.	94897

Sec. 5162.62. There is hereby created in the state treasury	94898
the medicaid administrative reimbursement fund. The department of	94899
medicaid shall use money in the fund to pay for the nonfederal	94900
share of the cost of a fiscal audit for which a state agency or	94901
political subdivision is required by section 5162.35 of the	94902
Revised Code to reimburse the department. The department shall	94903
deposit the reimbursements into the fund.	94904

~~Sec. 5111.714.~~ Sec. 5162.64. (A) There is hereby created in the	94905
state treasury the medicaid school program administrative fund.	94906

(B) Both of the following shall be deposited into the	94907
medicaid school program administrative fund:	94908

(1) The federal funds the department of education receives	94909
for the expenses the department incurs in administering the	94910
medicaid school component of the medicaid program created under	94911
section 5162.36 of the Revised Code;	94912

(2) The money the department collects from qualified medicaid	94913
school providers in the process established in rules ~~adopted under~~	94914
authorized by section ~~5111.713~~5162.363 of the Revised Code.	94915

(C) ~~No funds shall be deposited into the medicaid school~~	94916
~~program administrative fund in violation of federal statutes or~~	94917
~~regulations.~~	94918

~~(D)~~ The department of education shall use money in the	94919
medicaid school program administrative fund for both of the	94920
following purposes:	94921

(1) Paying for the expenses the department incurs in	94922
administering the medicaid school component of the medicaid	94923
program;	94924

(2) Paying a qualified medicaid school provider a refund for	94925
any overpayment the provider makes to the department under the	94926
process established in rules ~~adopted under~~authorized by section	94927
~~5111.713~~5162.363 of the Revised Code if the process results in an	94928
overpayment.	94929

~~Sec. 5111.62.~~ Sec. 5162.66. ~~The~~As used in this section,	94930
"deficiency" has the same meaning as in section 5165.60 of the	94931
Revised Code.	94932

The proceeds of all fines, including interest, collected	94933
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	94934
Code shall be deposited in the state treasury to the credit of the	94935
residents protection fund, which is hereby created. The proceeds	94936
of all fines, including interest, collected under section 173.42	94937
of the Revised Code shall be deposited in the state treasury to	94938
the credit of the residents protection fund.	94939

Money in the fund shall be used for the protection of the	94940
health or property of residents of nursing facilities in which the	94941
department of health finds deficiencies, including payment for the	94942
costs of relocation of residents to other facilities, maintenance	94943
of operation of a facility pending correction of deficiencies or	94944
closure, and reimbursement of residents for the loss of money	94945
managed by the facility under section 3721.15 of the Revised Code.	94946
Money in the fund may also be used to make payments under section	94947
~~5111.511~~5165.78 of the Revised Code.	94948

The fund shall be maintained and administered by the	94949
department of ~~job and family services~~medicaid under rules	94950
developed in consultation with the departments of health and aging	94951
and adopted ~~by the director of job and family services~~ under	94952
~~Chapter 119.~~section 5162.02 of the Revised Code. The rules shall	94953
be adopted in accordance with Chapter 119. of the Revised Code.	94954

Sec. 5163.01. As used in this chapter:

94955

"Federal financial participation" has the same meaning as in	94956
section 5160.01 of the Revised Code.	94957

"Healthy start component" has the same meaning as in section	94958
5162.01 of the Revised Code.	94959

"Intermediate care facility for the mentally retarded" and	94960
"ICF/MR" have the same meanings as in section 5124.01 of the	94961
Revised Code.	94962

"Mandatory eligibility groups" means the groups of	94963
individuals that must be covered by the medicaid state plan as a	94964
condition of the state receiving federal financial participation	94965
for the medicaid program.	94966

"Medicaid services" has the same meaning as in section	94967
5164.01 of the Revised Code.	94968

"Medicaid waiver component" has the same meaning as in	94969
section 5166.01 of the Revised Code.	94970

"Nursing facility" and "nursing facility services" have the	94971
same meanings as in section 5165.01 of the Revised Code.	94972

"Optional eligibility groups" means the groups of individuals	94973
who may be covered by the medicaid state plan or a federal	94974
medicaid waiver and for whom the medicaid program receives federal	94975
financial participation.	94976

"Other medicaid-funded long-term care services" has the	94977
meaning specified in rules adopted under section 5163.02 of the	94978
Revised Code.	94979

"Supplemental security income program" means the program	94980
established by Title XVI of the "Social Security Act," 42 U.S.C.	94981
1381 et seq.	94982

~~Sec. 5111.011.~~ Sec. 5163.02. ~~(A)~~ The medicaid director ~~of job and~~	94983
~~family services~~ shall adopt rules ~~establishing~~as necessary to	94984
implement this chapter. The rules shall establish eligibility	94985
requirements for the medicaid program. The rules may establish	94986
requirements for applying for medicaid and determining and	94987
verifying eligibility for medicaid. The rules shall be adopted	94988
~~pursuant to~~in accordance with section 111.15 of the Revised Code	94989
~~and shall be consistent with federal and state law~~. ~~The rules~~	94990
~~shall include rules that do all of the following:~~	94991

(~~1) Establish standards consistent with federal law for~~	94992
~~allocating income and resources as income and resources of the~~	94993
~~spouse, children, parents, or stepparents of a recipient of or~~	94994
~~applicant for medicaid;~~	94995

~~(2) Define the term "resources" as used in division (A)(1) of~~	94996
~~this section;~~	94997

~~(3) Specify the number of months that is to be used for the~~	94998
~~purpose of the term "look-back date" used in section 5111.0116 of~~	94999
~~the Revised Code;~~	95000

~~(4) Establish processes to be used to determine both of the~~	95001
~~following:~~	95002

~~(a) The date an institutionalized individual's ineligibility~~	95003
~~for services under section 5111.0116 of the Revised Code is to~~	95004
~~begin;~~	95005

~~(b) The number of months an institutionalized individual's~~	95006
~~ineligibility for such services is to continue.~~	95007

~~(5) For the purpose of division (C) of section 5111.0116 of~~	95008
~~the Revised Code, establish procedures for granting waivers of all~~	95009
~~or a portion of the period of ineligibility that an~~	95010
~~institutionalized individual would otherwise be subject to under~~	95011
~~that section and additional reasons for which such waivers may be~~	95012
~~granted;~~	95013

~~(6) Define the term "other medicaid-funded long-term care~~	95014
~~services" as used in sections 5111.0117 and 5111.0118 of the~~	95015
~~Revised Code;~~	95016

~~(7) For the purpose of division (C)(2)(c) of section~~	95017
~~5111.0117 of the Revised Code, establish the process to determine~~	95018
~~whether the child of an aged, blind, or disabled individual is~~	95019
~~financially dependent on the individual for housing.~~	95020

~~(B)~~ Notwithstanding any provision of state law, including	95021
statutes, administrative rules, common law, and court rules,	95022
regarding real or personal property or domestic relations, the	95023
standards established under rules adopted under ~~division (A)(1) of~~	95024
this section shall be used to determine eligibility for medicaid.	95025

Sec. 5163.03. (A) Subject to sections 5163.04 and 5163.05 of	95026
the Revised Code, the medicaid program shall cover all mandatory	95027
eligibility groups.	95028

(B) The medicaid program shall cover all of the optional	95029
eligibility groups that state statutes require the medicaid	95030
program to cover.	95031

(C) The medicaid program may cover any of the optional	95032
eligibility groups to which either of the following applies:	95033

(1) State statutes expressly permit the medicaid program to	95034
cover the optional eligibility group.	95035

(2) State statutes do not address whether the medicaid	95036
program may cover the optional eligibility group.	95037

(D) The medicaid program shall not cover any eligibility	95038
group that state statutes prohibit the medicaid program from	95039
covering.	95040

Sec. 5163.04. The medicaid program shall not cover the group	95041
described in the "Social Security Act," section	95042
1902(a)(10)(A)(i)(VIII), 42 U.S.C. 1396a(a)(10)(A)(i)(VIII).	95043

This section does not affect the medicaid eligibility of any	95044
individual who enrolls in the metrohealth care plus medicaid	95045
waiver component on or after February 5, 2013.	95046

Sec. 5163.05. The medicaid program's eligibility	95047
requirements for aged, blind, and disabled individuals may be more	95048
restrictive than the eligibility requirements for the supplemental	95049
security income program. Any such more restrictive eligibility	95050
requirements shall be consistent with the 209(b) option described	95051
in the "Social Security Act," section 1902(f), 42 U.S.C. 1396a(f).	95052

Sec. 5163.06. Beginning January 1, 2014, the medicaid	95053
director may alter the eligibility requirements for, and terminate	95054
the medicaid program's coverage of, one or more optional	95055
eligibility groups or subgroups, including the following:	95056

(A) Children placed with adoptive parents who may be covered	95057
by medicaid pursuant to the "Social Security Act," section	95058
1902(a)(10)(A)(ii)(VIII), 42 U.S.C. 1396a(a)(10)(A)(ii)(VIII);	95059

(B) Low income women and children who may be covered by	95060
medicaid pursuant to the "Social Security Act," section	95061
1902(a)(10)(A)(ii)(IX), 42 U.S.C. 1396a(a)(10)(A)(ii)(IX);	95062

(C) Employed individuals with disabilities who may be covered	95063
by medicaid pursuant to the "Social Security Act," section	95064
1902(a)(10)(A)(ii)(XV), 42 U.S.C. 1396a(a)(10)(A)(ii)(XV);	95065

(D) Employed individuals with medically improved disabilities	95066
who may be covered by medicaid pursuant to the "Social Security	95067
Act," section 1902(a)(10)(A)(ii)(XVI), 42 U.S.C.	95068
1396a(a)(10)(A)(ii)(XVI);	95069

(E) Independent foster care adolescents who may be covered by	95070
medicaid pursuant to the "Social Security Act," section	95071
1902(a)(10)(A)(ii)(XVII), 42 U.S.C. 1396a(a)(10)(A)(ii)(XVII);	95072

(F) Pregnant women who may be determined presumptively	95073
eligible for medicaid pursuant to the "Social Security Act,"	95074
section 1920, 42 U.S.C. 1396r-1;	95075

(G) Children who may be determined presumptively eligible for	95076
medicaid pursuant to the "Social Security Act," section 1920A, 42	95077
U.S.C. 1396r-1a.	95078

Sec. 5163.061. If the medicaid director alters the	95079
eligibility requirements for, or terminates the medicaid program's	95080
coverage of, an optional eligibility group or subgroup pursuant to	95081
section 5163.06 of the Revised Code, all of the following apply:	95082

(A) In the case of an optional eligibility group or subgroup	95083
for which the eligibility requirements are altered:	95084

(1) No individual enrolled, before the effective date of the	95085
altered eligibility requirements, in medicaid as part of the group	95086
or subgroup shall remain enrolled in medicaid on and after that	95087
effective date unless the individual meets the altered eligibility	95088
requirements for the group or subgroup or meets the eligibility	95089
requirements for another eligibility group or subgroup.	95090

(2) Beginning on the effective date of the altered	95091
eligibility requirements, no individual may enroll in medicaid as	95092
part of the group or subgroup unless the individual meets the	95093
altered eligibility requirements for the group or subgroup or	95094
meets the eligibility requirements for another eligibility group	95095
or subgroup.	95096

(B) In the case of an optional eligibility group or subgroup	95097
whose medicaid coverage is terminated:	95098

(1) No individual enrolled, before the effective date of the	95099
termination, in medicaid as part of the group or subgroup shall	95100
remain enrolled in medicaid on and after that effective date	95101
unless the individual meets the eligibility requirements for	95102
another eligibility group or subgroup.	95103

(2) Beginning on the effective date of the termination, no	95104
individual may enroll in medicaid as part of the group or subgroup	95105
but may enroll in medicaid as part of another group or subgroup	95106
for which the individual meets the eligibility requirements.	95107

(C) The department of medicaid shall take actions as the	95108
department determines necessary, including requiring actions from	95109
county departments of job and family services, to do both of the	95110
following:	95111

(1) Inform medicaid recipients about the altered eligibility	95112
requirements or termination of the medicaid program's coverage of	95113
the group or subgroup;	95114

(2) In the case of medicaid recipients who will cease to be	95115
eligible for medicaid as part of the group or subgroup because of	95116
the altered eligibility requirements or termination of the group's	95117
or subgroup's coverage, offer to assist the recipients with the	95118
following:	95119

(a) To continue to be enrolled in medicaid as part of another	95120
eligibility group or subgroup for which they meet the eligibility	95121
requirements;	95122

(b) Transition to other health coverage options available to	95123
them.	95124

(D) Regarding appeals authorized by section 5160.31 of the	95125
Revised Code:	95126

(1) No individual may appeal a denial of medicaid eligibility	95127
as part of a group or subgroup whose medicaid coverage is	95128
terminated if the denial is for medicaid eligibility that would	95129
begin or continue on or after the effective date of the	95130
termination.	95131

(2) An individual may initiate or continue, on or after the	95132
effective date of the termination, an appeal concerning the	95133
individual's eligibility for medicaid as part of the group or	95134
subgroup if the decision being appealed concerns the individual's	95135
eligibility for medicaid as part of the group or subgroup before	95136
the effective date of the termination.	95137

(3) An appeal initiated or continued pursuant to division	95138
(D)(2) of this section may not result in the appellant being	95139
enrolled, or continuing to be enrolled, in medicaid as part of the	95140
group or subgroup on or after the effective date of the	95141
termination.	95142

(E) The altered eligibility requirements or termination of	95143
the medicaid program's coverage of the group or subgroup has no	95144
effect on either of the following:	95145

(1) An automatic right of recovery given under section	95146
5160.37 of the Revised Code;	95147

(2) An automatic assignment of rights under section 5160.38	95148
of the Revised Code.	95149

(F) All rules, standards, guidelines, or orders regarding the	95150
group or subgroup issued by the medicaid director before the	95151
effective date of the altered eligibility requirements or	95152
termination of the medicaid program's coverage of the group or	95153
subgroup shall be used for the purpose of determining the state's	95154
legal obligations for claims related to the group or subgroup that	95155
arise from any of the following:	95156

(1) Eligibility determinations regarding enrollment in	95157
medicaid before that effective date;	95158

(2) Claims for payment for medicaid services provided before	95159
that effective date;	95160

(3) Recoveries of erroneous medicaid payments.

95161

Sec. 5163.07. (A) As used in this section, "actual income"	95162
means the amount of an individual's income before any disregarded	95163
amounts or other deductions are applied pursuant to an income	95164
eligibility methodology.	95165

(B) In transitioning to the use of modified adjusted gross	95166
income and household income methodologies to determine an	95167
individual's income eligibility for the medicaid program pursuant	95168
to the "Social Security Act," section 1902(e)(14), 42 U.S.C.	95169
1396a(e)(14), and except as provided in division (C) of this	95170
section, the medicaid director shall provide for both of the	95171
following to qualify for the medicaid program:	95172

(1) All individuals who would qualify for medicaid pursuant	95173
to former section 5111.0110 or 5111.0120 of the Revised Code using	95174
the applicable income eligibility methodology in effect on the day	95175
immediately preceding the effective date of this section;	95176

(2) All individuals who would qualify for medicaid pursuant	95177
to the optional eligibility group specified in the "Social	95178
Security Act," section 1902(a)(a)(10)(A)(ii)(XXI), 42 U.S.C.	95179
1396a(a)(10)(A)(ii)(XXI), using the applicable income eligibility	95180
methodology in effect on the day immediately preceding the	95181
effective date of this section.	95182

(C) An individual whose actual income exceeds one hundred	95183
thirty-eight per cent of the federal poverty line may not qualify	95184
for medicaid pursuant to division (B) of this section.	95185

Sec. 5163.08. The medicaid director shall implement the	95186
option authorized by the "Social Security Act," section	95187
1925(a)(5), 42 U.S.C. 1396r-6(a)(5), regarding the single	95188
twelve-month eligibility period for transitional medicaid.	95189

~~Sec. 5111.15.~~ Sec. 5163.20. If a medicaid recipient ~~of medical~~	95190
~~assistance~~ is the beneficiary of a trust created pursuant to	95191
section 5815.28 of the Revised Code, then, notwithstanding any	95192
contrary provision of this chapter or of a rule adopted ~~pursuant~~	95193
~~to this chapter~~under section 5163.02 of the Revised Code,	95194
divisions (C) and (D) of that section shall apply in determining	95195
the assets or resources of the recipient, the recipient's estate,	95196
the settlor, or the settlor's estate and to claims arising under	95197
this chapter against the recipient, the recipient's estate, the	95198
settlor, or the settlor's estate.	95199

~~Sec. 5111.151.~~ Sec. 5163.21. (A)(1) This section applies only to	95200
either of the following:	95201

(a) Initial eligibility determinations for the medicaid	95202
program ~~made by the department of job and family services pursuant~~	95203
~~to section 5101.47 of the Revised Code or by a county department~~	95204
~~of job and family services pursuant to section 5111.012 of the~~	95205
~~Revised Code~~;	95206

(b) An appeal from aan initial eligibility determination	95207
~~described in division (A)(1)(a) of this section~~ pursuant to	95208
section ~~5101.35~~5160.31 of the Revised Code.	95209

(2)(a) Except as provided in division (A)(2)(b) of this	95210
section, this section shall not be used by a court to determine	95211
the effect of a trust on an individual's initial eligibility for	95212
the medicaid program.	95213

(b) The prohibition in division (A)(2)(a) of this section	95214
does not apply to an appeal described in division (A)(1)(b) of	95215
this section.	95216

(B) As used in this section:

95217

(1) "Trust" means any arrangement in which a grantor	95218
transfers real or personal property to a trust with the intention	95219
that it be held, managed, or administered by at least one trustee	95220
for the benefit of the grantor or beneficiaries. "Trust" includes	95221
any legal instrument or device similar to a trust.	95222

(2) "Legal instrument or device similar to a trust" includes,	95223
but is not limited to, escrow accounts, investment accounts,	95224
partnerships, contracts, and other similar arrangements that are	95225
not called trusts under state law but are similar to a trust and	95226
to which all of the following apply:	95227

(a) The property in the trust is held, managed, retained, or	95228
administered by a trustee.	95229

(b) The trustee has an equitable, legal, or fiduciary duty to	95230
hold, manage, retain, or administer the property for the benefit	95231
of the beneficiary.	95232

(c) The trustee holds identifiable property for the	95233
beneficiary.	95234

(3) "Grantor" is a person who creates a trust, including all	95235
of the following:	95236

(a) An individual;

95237

(b) An individual's spouse;

95238

(c) A person, including a court or administrative body, with	95239
legal authority to act in place of or on behalf of an individual	95240
or an individual's spouse;	95241

(d) A person, including a court or administrative body, that	95242
acts at the direction or on request of an individual or the	95243
individual's spouse.	95244

(4) "Beneficiary" is a person or persons, including a	95245
grantor, who benefits in some way from a trust.	95246

(5) "Trustee" is a person who manages a trust's principal and	95247
income for the benefit of the beneficiaries.	95248

(6) "Person" has the same meaning as in section 1.59 of the	95249
Revised Code and includes an individual, corporation, business	95250
trust, estate, trust, partnership, and association.	95251

(7) "Applicant" is an individual who applies for medicaid or	95252
the individual's spouse.	95253

(8) "Recipient" is an individual who receives medicaid or the	95254
individual's spouse.	95255

(9) "Revocable trust" is a trust that can be revoked by the	95256
grantor or the beneficiary, including all of the following, even	95257
if the terms of the trust state that it is irrevocable:	95258

(a) A trust that provides that the trust can be terminated	95259
only by a court;	95260

(b) A trust that terminates on the happening of an event, but	95261
only if the event occurs at the direction or control of the	95262
grantor, beneficiary, or trustee.	95263

(10) "Irrevocable trust" is a trust that cannot be revoked by	95264
the grantor or terminated by a court and that terminates only on	95265
the occurrence of an event outside of the control or direction of	95266
the beneficiary or grantor.	95267

(11) "Payment" is any disbursal from the principal or income	95268
of the trust, including actual cash, noncash or property	95269
disbursements, or the right to use and occupy real property.	95270

(12) "Payments to or for the benefit of the applicant or	95271
recipient" is a payment to any person resulting in a direct or	95272
indirect benefit to the applicant or recipient.	95273

(13) "Testamentary trust" is a trust that is established by a	95274
will and does not take effect until after the death of the person	95275
who created the trust.	95276

(C)(1) If an applicant or recipient is a beneficiary of a	95277
trust, the applicant or recipient shall submit a complete copy of	95278
the trust instrument to the county department of job and family	95279
services and the department of medicaid. A copy shall be	95280
considered complete if it contains all pages of the trust	95281
instrument and all schedules, attachments, and accounting	95282
statements referenced in or associated with the trust. The copy is	95283
confidential and is not subject to disclosure under section 149.43	95284
of the Revised Code.	95285

(2) On receipt of a copy of a trust instrument or otherwise	95286
determining that an applicant or recipient is a beneficiary of a	95287
trust, the county department of job and family services shall	95288
determine what type of trust it is and shall treat the trust in	95289
accordance with the appropriate provisions of this section and	95290
rules adopted ~~by the department of job and family services~~under	95291
section 5163.02 of the Revised Code governing trusts. The county	95292
department of job and family services may determine that any of	95293
the following is the case regarding the trust or portion of the	95294
trust:	95295

(a) IsIt is a resource available to the applicant or	95296
recipient;	95297

(b) ~~Contains~~It contains income available to the applicant or	95298
recipient;	95299

(c) ~~Constitutes both items described in divisions~~Divisions	95300
(C)~~(1)~~(2)(a) and (b) of this section are both applicable;	95301

(d) ~~Is neither an item described in~~Neither division	95302
(C)~~(1)~~(2)(a) nor ~~(C)(1)~~(b) of this section is applicable.	95303

~~(2)~~(3) Except as provided in division (F) of this section, a	95304
trust or portion of a trust that is a resource available to the	95305
applicant or recipient or contains income available to the	95306
applicant or recipient shall be counted for purposes of	95307
determining medicaid eligibility.	95308

(D)(1) A trust or legal instrument or device similar to a	95309
trust shall be considered a medicaid qualifying trust if all of	95310
the following apply:	95311

(a) The trust was established on or prior to August 10, 1993.

95312

(b) The trust was not established by a will.

95313

95314

(d) The applicant or recipient is or may become the	95315
beneficiary of all or part of the trust.	95316

(e) Payment from the trust is determined by one or more	95317
trustees who are permitted to exercise any discretion with respect	95318
to the distribution to the applicant or recipient.	95319

(2) If a trust meets the requirement of division (D)(1) of	95320
this section, the amount of the trust that is considered by the	95321
county department of job and family services to be a resource	95322
available to the applicant or recipient shall be the maximum	95323
amount of payments permitted under the terms of the trust to be	95324
distributed to the applicant or recipient, assuming the full	95325
exercise of discretion by the trustee or trustees. The maximum	95326
amount shall include only amounts that are permitted to be	95327
distributed but are not distributed from either the income or	95328
principal of the trust.	95329

(3) Amounts that are actually distributed from a medicaid	95330
qualifying trust to a beneficiary for any purpose shall be treated	95331
in accordance with rules adopted ~~by the department of job and~~	95332
~~family services~~under section 5163.02 of the Revised Code	95333
governing income.	95334

(4) Availability of a medicaid qualifying trust shall be	95335
considered without regard to any of the following:	95336

(a) Whether or not the trust is irrevocable or was	95337
established for purposes other than to enable a grantor to qualify	95338
for medicaid~~, medical assistance for covered families and~~	95339
~~children, or as a qualified medicare beneficiary, specified~~	95340
~~low-income medicare beneficiary, qualifying individual-1, or~~	95341
~~qualifying individual-2~~;	95342

(b) Whether or not the trustee actually exercises discretion.

95343

(5) If any real or personal property is transferred to a	95344
medicaid qualifying trust that is not distributable to the	95345
applicant or recipient, the transfer shall be considered an	95346
improper disposition of assets and shall be subject to section	95347
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	95348
section adopted under section ~~5111.011~~5163.02 of the Revised	95349
Code.	95350

(6) The baseline date for the look-back period for	95351
disposition of assets involving a medicaid qualifying trust shall	95352
be the date on which the applicant or recipient is both	95353
institutionalized and first applies for medicaid.	95354

(E)(1) A trust or legal instrument or device similar to a	95355
trust shall be considered a self-settled trust if all of the	95356
following apply:	95357

(a) The trust was established on or after August 11, 1993.

95358

(b) The trust was not established by a will.

95359

(c) The trust was established by an applicant or recipient,	95360
spouse of an applicant or recipient, or a person, including a	95361
court or administrative body, with legal authority to act in place	95362
of or on behalf of an applicant, recipient, or spouse, or acting	95363
at the direction or on request of an applicant, recipient, or	95364
spouse.	95365

(2) A trust that meets the requirements of division (E)(1) of	95366
this section and is a revocable trust shall be treated by the	95367
county department of job and family services as follows:	95368

(a) The corpus of the trust shall be considered a resource	95369
available to the applicant or recipient.	95370

(b) Payments from the trust to or for the benefit of the	95371
applicant or recipient shall be considered unearned income of the	95372
applicant or recipient.	95373

(c) Any other payments from the trust shall be considered an	95374
improper disposition of assets and shall be subject to section	95375
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	95376
section adopted under section ~~5111.011~~5163.02 of the Revised	95377
Code.	95378

(3) A trust that meets the requirements of division (E)(1) of	95379
this section and is an irrevocable trust shall be treated by the	95380
county department of job and family services as follows:	95381

(a) If there are any circumstances under which payment from	95382
the trust could be made to or for the benefit of the applicant or	95383
recipient, including a payment that can be made only in the	95384
future, the portion from which payments could be made shall be	95385
considered a resource available to the applicant or recipient. The	95386
county department of job and family services shall not take into	95387
account when payments can be made.	95388

(b) Any payment that is actually made to or for the benefit	95389
of the applicant or recipient from either the corpus or income	95390
shall be considered unearned income.	95391

(c) If a payment is made to someone other than to the	95392
applicant or recipient and the payment is not for the benefit of	95393
the applicant or recipient, the payment shall be considered an	95394
improper disposition of assets and shall be subject to section	95395
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	95396
section adopted under section ~~5111.011~~5163.02 of the Revised	95397
Code.	95398

(d) The date of the disposition shall be the later of the	95399
date of establishment of the trust or the date of the occurrence	95400
of the event.	95401

(e) When determining the value of the disposed asset under	95402
this provision, the value of the trust shall be its value on the	95403
date payment to the applicant or recipient was foreclosed.	95404

(f) Any income earned or other resources added subsequent to	95405
the foreclosure date shall be added to the total value of the	95406
trust.	95407

(g) Any payments to or for the benefit of the applicant or	95408
recipient after the foreclosure date but prior to the application	95409
date shall be subtracted from the total value. Any other payments	95410
shall not be subtracted from the value.	95411

(h) Any addition of assets after the foreclosure date shall	95412
be considered a separate disposition.	95413

(4) If a trust is funded with assets of another person or	95414
persons in addition to assets of the applicant or recipient, the	95415
applicable provisions of this section and rules adopted ~~by the~~	95416
~~department of job and family services~~under section 5163.02 of the	95417
Revised Code governing trusts shall apply only to the portion of	95418
the trust attributable to the applicant or recipient.	95419

(5) The availability of a self-settled trust shall be	95420
considered without regard to any of the following:	95421

(a) The purpose for which the trust is established;

95422

(b) Whether the trustees have exercised or may exercise	95423
discretion under the trust;	95424

(c) Any restrictions on when or whether distributions may be	95425
made from the trust;	95426

(d) Any restrictions on the use of distributions from the	95427
trust.	95428

(6) The baseline date for the look-back period for	95429
dispositions of assets involving a self-settled trust shall be the	95430
date on which the applicant or recipient is both institutionalized	95431
and first applies for medicaid.	95432

(F) The principal or income from any of the following shall	95433
not be a resource available to the applicant or recipient:	95434

(1)(a) A special needs trust that meets all of the following	95435
requirements:	95436

(i) The trust contains assets of an applicant or recipient	95437
under sixty-five years of age and may contain the assets of other	95438
individuals.	95439

(ii) The applicant or recipient is disabled as defined in	95440
rules adopted ~~by the department of job and family services~~under	95441
section 5163.02 of the Revised Code.	95442

(iii) The trust is established for the benefit of the	95443
applicant or recipient by a parent, grandparent, legal guardian,	95444
or a court.	95445

(iv) The trust requires that on the death of the applicant or	95446
recipient the state will receive all amounts remaining in the	95447
trust up to an amount equal to the total amount of medicaid ~~paid~~	95448
payments made on behalf of the applicant or recipient.	95449

(b) If a special needs trust meets the requirements of	95450
division (F)(1)(a) of this section and has been established for a	95451
disabled applicant or recipient under sixty-five years of age, the	95452
exemption for the trust granted pursuant to division (F) of this	95453
section shall continue after the disabled applicant or recipient	95454
becomes sixty-five years of age if the applicant or recipient	95455
continues to be disabled as defined in rules adopted ~~by the~~	95456
~~department of job and family services~~under section 5163.02 of the	95457
Revised Code. Except for income earned by the trust, the grantor	95458
shall not add to or otherwise augment the trust after the	95459
applicant or recipient attains sixty-five years of age. An	95460
addition or augmentation of the trust by the applicant or	95461
recipient with the applicant's own assets after the applicant or	95462
recipient attains sixty-five years of age shall be treated as an	95463
improper disposition of assets.	95464

(c) Cash distributions to the applicant or recipient shall be	95465
counted as unearned income. All other distributions from the trust	95466
shall be treated as provided in rules adopted ~~by the department of~~	95467
~~job and family services~~under section 5163.02 of the Revised Code	95468
governing in-kind income.	95469

(d) Transfers of assets to a special needs trust shall not be	95470
treated as an improper transfer of resources. An asset held prior	95471
to the transfer to the trust shall be considered as a resource	95472
available to the applicant or recipient, income available to the	95473
applicant or recipient, or both a resource and income available to	95474
the individual.	95475

(2)(a) A qualifying income trust that meets all of the	95476
following requirements:	95477

(i) The trust is composed only of pension, social security,	95478
and other income to the applicant or recipient, including	95479
accumulated interest in the trust.	95480

(ii) The income is received by the individual and the right	95481
to receive the income is not assigned or transferred to the trust.	95482

(iii) The trust requires that on the death of the applicant	95483
or recipient the state will receive all amounts remaining in the	95484
trust up to an amount equal to the total amount of medicaid ~~paid~~	95485
payments made on behalf of the applicant or recipient.	95486

(b) No resources shall be used to establish or augment the	95487
trust.	95488

(c) If an applicant or recipient has irrevocably transferred	95489
or assigned the applicant's or recipient's right to receive income	95490
to the trust, the trust shall not be considered a qualifying	95491
income trust by the county department of job and family services.	95492

(d) Income placed in a qualifying income trust shall not be	95493
counted in determining an applicant's or recipient's eligibility	95494
for medicaid. The recipient of the funds may place any income	95495
directly into a qualifying income trust without those funds	95496
adversely affecting the applicant's or recipient's eligibility for	95497
medicaid. Income generated by the trust that remains in the trust	95498
shall not be considered as income to the applicant or recipient.	95499

(e) All income placed in a qualifying income trust shall be	95500
combined with any income available to the individual that is not	95501
placed in the trust to arrive at a base income figure to be used	95502
for spend down calculations.	95503

(f) The base income figure shall be used for post-eligibility	95504
deductions, including personal needs allowance, monthly income	95505
allowance, family allowance, and medical expenses not subject to	95506
third party payment. Any income remaining shall be used toward	95507
payment of patient liability. Payments made from a qualifying	95508
income trust shall not be combined with the base income figure for	95509
post-eligibility calculations.	95510

(g) The base income figure shall be used when determining the	95511
spend down budget for the applicant or recipient. Any income	95512
remaining after allowable deductions are permitted as provided	95513
under rules adopted ~~by the department of job and family services~~	95514
under section 5163.02 of the Revised Code shall be considered the	95515
applicant's or recipient's spend down liability.	95516

(3)(a) A pooled trust that meets all of the following	95517
requirements:	95518

(i) The trust contains the assets of the applicant or	95519
recipient of any age who is disabled as defined in rules adopted	95520
~~by the department of job and family services~~under section 5163.02	95521
of the Revised Code.	95522

(ii) The trust is established and managed by a nonprofit	95523
organization.	95524

(iii) A separate account is maintained for each beneficiary	95525
of the trust but, for purposes of investment and management of	95526
funds, the trust pools the funds in these accounts.	95527

(iv) Accounts in the trust are established by the applicant	95528
or recipient, the applicant's or recipient's parent, grandparent,	95529
or legal guardian, or a court solely for the benefit of	95530
individuals who are disabled.	95531

(v) The trust requires that, to the extent that any amounts	95532
remaining in the beneficiary's account on the death of the	95533
beneficiary are not retained by the trust, the trust pay to the	95534
state the amounts remaining in the trust up to an amount equal to	95535
the total amount of medicaid ~~paid~~payments made on behalf of the	95536
beneficiary.	95537

(b) Cash distributions to the applicant or recipient shall be	95538
counted as unearned income. All other distributions from the trust	95539
shall be treated as provided in rules adopted ~~by the department of~~	95540
~~job and family services~~under section 5163.02 of the Revised Code	95541
governing in-kind income.	95542

(c) Transfers of assets to a pooled trust shall not be	95543
treated as an improper disposition of assets. An asset held prior	95544
to the transfer to the trust shall be considered as a resource	95545
available to the applicant or recipient, income available to the	95546
applicant or recipient, or both a resource and income available to	95547
the applicant or recipient.	95548

(4) A supplemental services trust that meets the requirements	95549
of section 5815.28 of the Revised Code and to which all of the	95550
following apply:	95551

(a) A person may establish a supplemental services trust	95552
pursuant to section 5815.28 of the Revised Code only for another	95553
person who is eligible to receive services through one of the	95554
following agencies:	95555

(i) The department of developmental disabilities;

95556

(ii) A county board of developmental disabilities;

95557

(iii) The department of ~~mental health~~mental health and	95558
addiction services;	95559

(iv) A board of alcohol, drug addiction, and mental health	95560
services.	95561

(b) A county department of job and family services shall not	95562
determine eligibility for another agency's program. An applicant	95563
or recipient shall do one of the following:	95564

(i) Provide documentation from one of the agencies listed in	95565
division (F)(4)(a) of this section that establishes that the	95566
applicant or recipient was determined to be eligible for services	95567
from the agency at the time of the creation of the trust;	95568

(ii) Provide an order from a court of competent jurisdiction	95569
that states that the applicant or recipient was eligible for	95570
services from one of the agencies listed in division (F)(4)(a) of	95571
this section at the time of the creation of the trust.	95572

(c) At the time the trust is created, the trust principal	95573
does not exceed the maximum amount permitted. The maximum amount	95574
permitted in calendar year 2006 is two hundred twenty-two thousand	95575
dollars. Each year thereafter, the maximum amount permitted is the	95576
prior year's amount plus two thousand dollars.	95577

(d) A county department of job and family services shall	95578
review the trust to determine whether it complies with the	95579
provisions of section 5815.28 of the Revised Code.	95580

(e) Payments from supplemental services trusts shall be	95581
exempt as long as the payments are for supplemental services as	95582
defined in rules adopted ~~by the department of job and family~~	95583
~~services~~under section 5163.02 of the Revised Code. All	95584
supplemental services shall be purchased by the trustee and shall	95585
not be purchased through direct cash payments to the beneficiary.	95586

(f) If a trust is represented as a supplemental services	95587
trust and a county department of job and family services	95588
determines that the trust does not meet the requirements provided	95589
in division (F)(4) of this section and section 5815.28 of the	95590
Revised Code, the county department of job and family services	95591
shall not consider it an exempt trust.	95592

(G)(1) A trust or legal instrument or device similar to a	95593
trust shall be considered a trust established by an individual for	95594
the benefit of the applicant or recipient if all of the following	95595
apply:	95596

(a) The trust is created by a person other than the applicant	95597
or recipient.	95598

(b) The trust names the applicant or recipient as a	95599
beneficiary.	95600

(c) The trust is funded with assets or property in which the	95601
applicant or recipient has never held an ownership interest prior	95602
to the establishment of the trust.	95603

(2) Any portion of a trust that meets the requirements of	95604
division (G)(1) of this section shall be a resource available to	95605
the applicant or recipient only if the trust permits the trustee	95606
to expend principal, corpus, or assets of the trust for the	95607
applicant's or recipient's medical care, care, comfort,	95608
maintenance, health, welfare, general well being, or any	95609
combination of these purposes.	95610

(3) A trust that meets the requirements of division (G)(1) of	95611
this section shall be considered a resource available to the	95612
applicant or recipient even if the trust contains any of the	95613
following types of provisions:	95614

(a) A provision that prohibits the trustee from making	95615
payments that would supplant or replace medicaid or other public	95616
assistance;	95617

(b) A provision that prohibits the trustee from making	95618
payments that would impact or have an effect on the applicant's or	95619
recipient's right, ability, or opportunity to receive medicaid or	95620
other public assistance;	95621

(c) A provision that attempts to prevent the trust or its	95622
corpus or principal from being a resource available to the	95623
applicant or recipient.	95624

(4) A trust that meets the requirements of division (G)(1) of	95625
this section shall not be counted as a resource available to the	95626
applicant or recipient if at least one of the following	95627
circumstances applies:	95628

(a) If a trust contains a clear statement requiring the	95629
trustee to preserve a portion of the trust for another beneficiary	95630
or remainderman, that portion of the trust shall not be counted as	95631
a resource available to the applicant or recipient. Terms of a	95632
trust that grant discretion to preserve a portion of the trust	95633
shall not qualify as a clear statement requiring the trustee to	95634
preserve a portion of the trust.	95635

(b) If a trust contains a clear statement requiring the	95636
trustee to use a portion of the trust for a purpose other than	95637
medical care, care, comfort, maintenance, welfare, or general well	95638
being of the applicant or recipient, that portion of the trust	95639
shall not be counted as a resource available to the applicant or	95640
recipient. Terms of a trust that grant discretion to limit the use	95641
of a portion of the trust shall not qualify as a clear statement	95642
requiring the trustee to use a portion of the trust for a	95643
particular purpose.	95644

(c) If a trust contains a clear statement limiting the	95645
trustee to making fixed periodic payments, the trust shall not be	95646
counted as a resource available to the applicant or recipient and	95647
payments shall be treated in accordance with rules adopted ~~by the~~	95648
~~department of job and family services~~under section 5163.02 of the	95649
Revised Code governing income. Terms of a trust that grant	95650
discretion to limit payments shall not qualify as a clear	95651
statement requiring the trustee to make fixed periodic payments.	95652

(d) If a trust contains a clear statement that requires the	95653
trustee to terminate the trust if it is counted as a resource	95654
available to the applicant or recipient, the trust shall not be	95655
counted as such. Terms of a trust that grant discretion to	95656
terminate the trust do not qualify as a clear statement requiring	95657
the trustee to terminate the trust.	95658

(e) If a person obtains a judgment from a court of competent	95659
jurisdiction that expressly prevents the trustee from using part	95660
or all of the trust for the medical care, care, comfort,	95661
maintenance, welfare, or general well being of the applicant or	95662
recipient, the trust or that portion of the trust subject to the	95663
court order shall not be counted as a resource available to the	95664
applicant or recipient.	95665

(f) If a trust is specifically exempt from being counted as a	95666
resource available to the applicant or recipient by a provision of	95667
the Revised Code, rules, or federal law, the trust shall not be	95668
counted as such.	95669

(g) If an applicant or recipient presents a final judgment	95670
from a court demonstrating that the applicant or recipient was	95671
unsuccessful in a civil action against the trustee to compel	95672
payments from the trust, the trust shall not be counted as a	95673
resource available to the applicant or recipient.	95674

(h) If an applicant or recipient presents a final judgment	95675
from a court demonstrating that in a civil action against the	95676
trustee the applicant or recipient was only able to compel limited	95677
or periodic payments, the trust shall not be counted as a resource	95678
available to the applicant or recipient and payments shall be	95679
treated in accordance with rules adopted ~~by the department of job~~	95680
~~and family services~~under section 5163.02 of the Revised Code	95681
governing income.	95682

(i) If an applicant or recipient provides written	95683
documentation showing that the cost of a civil action brought to	95684
compel payments from the trust would be cost prohibitive, the	95685
trust shall not be counted as a resource available to the	95686
applicant or recipient.	95687

(5) Any actual payments to the applicant or recipient from a	95688
trust that meet the requirements of division (G)(1) of this	95689
section, including trusts that are not counted as a resource	95690
available to the applicant or recipient, shall be treated as	95691
provided in rules adopted ~~by the department of job and family~~	95692
~~services~~under section 5163.02 of the Revised Code governing	95693
income. Payments to any person other than the applicant or	95694
recipient shall not be considered income to the applicant or	95695
recipient. Payments from the trust to a person other than the	95696
applicant or recipient shall not be considered an improper	95697
disposition of assets.	95698

~~Sec. 5111.181.~~ Sec. 5163.22. (A) The general assembly hereby finds	95699
that the state has an insurable interest in ~~medical assistance~~	95700
medicaid recipients because of the state's statutory right to	95701
recover from the estate of a recipient state funds used to provide	95702
the recipient with ~~medical care and~~medicaid services.	95703

(B) As used in this section:

95704

(1) "Beneficiary" means the person or entity designated in a	95705
life insurance policy to receive the proceeds of the policy on the	95706
death of the insured or maturity of the policy.	95707

(2) "Owner" means the person who has the right to designate	95708
the beneficiary of a life insurance policy and to change the	95709
designation.	95710

(C) ~~Notwithstanding section 5111.011 of the Revised Code, the~~	95711
The value of a life insurance policy that would otherwise be	95712
considered a resource in determining eligibility for the ~~medical~~	95713
~~assistance~~medicaid program shall be excluded from any	95714
determination of a person's eligibility for the ~~medical assistance~~	95715
medicaid program if the owner designates the department of ~~job and~~	95716
~~family services~~medicaid as beneficiary of the policy. The	95717
department may pay premiums to keep the policy in force. Premiums	95718
paid by the department are ~~medical assistance~~medicaid payments	95719
correctly paid on behalf of a ~~medical assistance~~medicaid	95720
recipient and subject to recovery under section ~~5111.11~~5162.21 of	95721
the Revised Code.	95722

(D) The medicaid director ~~of job and family services~~ shall	95723
deposit the proceeds of a life insurance policy that do not exceed	95724
the amount the department may recover against the property and	95725
estate of the owner under section ~~5111.11~~5162.21 of the Revised	95726
Code into the general revenue fund. The director shall pay any	95727
remaining proceeds to the person designated by the owner. If the	95728
owner failed to designate a person, the director shall pay the	95729
remaining proceeds to the surviving spouse, or, if there is no	95730
surviving spouse, to the estate of the owner.	95731

(E) If the owner designates the department of ~~job and family~~	95732
~~services~~medicaid as the policy's beneficiary, the department	95733
shall notify the owner that the owner may designate a person to	95734
receive proceeds of the policy that exceed the amount the	95735
department may recover against the owner's property and estate	95736
under section ~~5111.11~~5162.21 of the Revised Code. The designation	95737
shall be made on a form provided by the department.	95738

~~(F) The department of job and family services shall not~~	95739
~~implement this section if implementation would violate any federal~~	95740
~~requirement unless the department receives a waiver of the~~	95741
~~requirement from the United States department of health and human~~	95742
~~services.~~	95743

~~Sec. 5111.0116.~~ Sec. 5163.30. (A) As used in this section:

95744

(1) "Assets" include all of an individual's income and	95745
resources and those of the individual's spouse, including any	95746
income or resources the individual or spouse is entitled to but	95747
does not receive because of action by any of the following:	95748

(a) The individual or spouse;

95749

(b) A person or government entity, including a court or	95750
administrative agency, with legal authority to act in place of or	95751
on behalf of the individual or spouse;	95752

(c) A person or government entity, including a court or	95753
administrative agency, acting at the direction or on the request	95754
of the individual or spouse.	95755

(2) "Home and community-based services" means home and	95756
community-based services furnished under a medicaid waiver granted	95757
by the United States secretary of health and human services under	95758
the "Social Security Act," section 1915(c) or (d), 42 U.S.C.	95759
1396n(c) or (d).	95760

(3) "Institutionalized individual" means a resident of a	95761
nursing facility, an inpatient in a medical institution for whom a	95762
payment is made based on a level of care provided in a nursing	95763
facility, or an individual described in the "Social Security Act,"	95764
section 1902(a)(10)(A)(ii)(VI), 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).	95765

(4) "Look-back date" means the date that is a number of	95766
months specified in rules adopted under section ~~5111.011~~5163.02	95767
of the Revised Code immediately before either of the following:	95768

(a) The date an individual becomes an institutionalized	95769
individual if the individual is eligible for medicaid on that	95770
date;	95771

(b) The date an individual applies for medicaid while an	95772
institutionalized individual.	95773

(5) ~~"Nursing facility" has the same meaning as in section~~	95774
~~5111.20 of the Revised Code.~~	95775

~~(6)~~ "Nursing facility equivalent services" means services	95776
that are covered by the medicaid program, equivalent to nursing	95777
facility services, provided by an institution that provides the	95778
same level of care as a nursing facility, and provided to an	95779
inpatient of the institution who is a medicaid recipient eligible	95780
for medicaid-covered nursing facility equivalent services.	95781

~~(7) "Nursing facility services" means nursing facility~~	95782
~~services covered by the medicaid program that a nursing facility~~	95783
~~provides to a resident of the nursing facility who is a medicaid~~	95784
~~recipient eligible for medicaid-covered nursing facility services.~~	95785

~~(8)~~(6) "Undue hardship" means being deprived of either of the	95786
following:	95787

(a) Medical care such that an individual's health or life is	95788
endangered;	95789

(b) Food, clothing, shelter, or other necessities of life.

95790

(B) Except as provided in division (C) of this section and	95791
rules adopted under section ~~5111.011~~5163.02 of the Revised Code,	95792
an institutionalized individual is ineligible for nursing facility	95793
services, nursing facility equivalent services, and home and	95794
community-based services if the individual or individual's spouse	95795
disposes of assets for less than fair market value on or after the	95796
look-back date. The institutionalized individual's ineligibility	95797
shall begin on a date determined in accordance with rules adopted	95798
under section ~~5111.011~~5163.02 of the Revised Code and shall	95799
continue for a number of months determined in accordance with such	95800
rules.	95801

(C) An institutionalized individual may be granted a waiver	95802
of all or a portion of the period of ineligibility to which the	95803
individual would otherwise be subjected under division (B) of this	95804
section if the ineligibility would cause an undue hardship for the	95805
individual. An institutionalized individual shall be granted a	95806
waiver of all or a portion of the period of ineligibility if the	95807
administrator of the nursing facility in which the individual	95808
resides has notified the individual of a proposed transfer or	95809
discharge under section 3721.16 of the Revised Code due to failure	95810
to pay for the care the nursing facility has provided to the	95811
individual, the individual or the individual's sponsor requests a	95812
hearing on the proposed transfer or discharge in accordance with	95813
section 3721.161 of the Revised Code, and the transfer or	95814
discharge is upheld by a final determination that is not subject	95815
to further appeal. Waivers shall be granted in accordance with	95816
rules adopted under section ~~5111.011~~5163.02 of the Revised Code.	95817

(D) To secure compliance with this section, the medicaid	95818
director ~~of job and family services~~ may require an individual, as	95819
a condition of initial or continued eligibility for medicaid, to	95820
provide documentation of the individual's assets up to five years	95821
before the date the individual becomes an institutionalized	95822
individual if the individual is eligible for medicaid on that date	95823
or the date the individual applies for medicaid while an	95824
institutionalized individual. Documentation may include tax	95825
returns, records from financial institutions, and real property	95826
records.	95827

~~Sec. 5111.0117.~~ Sec. 5163.31. (A) ~~As used in this section and~~	95828
~~section 5111.0118 of the Revised Code:~~	95829

~~(1) "ICF/MR services" means intermediate care facility for~~	95830
~~the mentally retarded services covered by the medicaid program~~	95831
~~that an intermediate care facility for the mentally retarded~~	95832
~~provides to a resident of the facility who is a medicaid recipient~~	95833
~~eligible for medicaid-covered intermediate care facility for the~~	95834
~~mentally retarded services.~~	95835

~~(2) "Intermediate care facility for the mentally retarded"~~	95836
~~has the same meaning as in section 5111.20 of the Revised Code.~~	95837

~~(3) "Nursing facility" has the same meaning as in section~~	95838
~~5111.20 of the Revised Code.~~	95839

~~(4) "Nursing facility services" means nursing facility~~	95840
~~services covered by the medicaid program that a nursing facility~~	95841
~~provides to a resident of the nursing facility who is a medicaid~~	95842
~~recipient eligible for medicaid-covered nursing facility services.~~	95843

~~(5) "Other medicaid-funded long-term care services" has the~~	95844
~~meaning specified in rules adopted under section 5111.011 of the~~	95845
~~Revised Code.~~	95846

~~(B)~~ Except as provided by division ~~(C)~~(A) of this section and	95847
for the purpose of determining whether an aged, blind, or disabled	95848
individual is eligible for nursing facility services, ICF/MR	95849
services, or other medicaid-funded long-term care services, the	95850
medicaid director ~~of job and family services~~ may consider an aged,	95851
blind, or disabled individual's real property to not be the	95852
individual's homestead or principal place of residence once the	95853
individual has resided in a nursing facility, ~~intermediate care~~	95854
~~facility for the mentally retarded~~ICF/MR, or other medical	95855
institution for at least thirteen months.	95856

~~(C)~~(B) Division ~~(B)~~(A) of this section does not apply to an	95857
individual if any of the following reside in the individual's real	95858
property that, because of this division, continues to be	95859
considered the individual's homestead or principal place of	95860
residence:	95861

(1) The individual's spouse;

95862

(2) The individual's child if any of the following apply:

95863

(a) The child is under twenty-one years of age.

95864

(b) The child is considered blind or disabled under the	95865
"Social Security Act," section 1614, 42 U.S.C. 1382c.	95866

(c) The child is financially dependent on the individual for	95867
housing as determined in accordance with rules adopted under	95868
section ~~5111.011~~5163.02 of the Revised Code.	95869

(3) The individual's sibling if the sibling has a verified	95870
equity interest in the real property and resided in the real	95871
property for at least one year immediately before the date the	95872
individual was admitted to the nursing facility, ~~intermediate care~~	95873
~~facility for the mentally retarded~~ICF/MR, or other medical	95874
institution.	95875

~~Sec. 5111.0118.~~ Sec. 5163.32. (A) Except as otherwise provided by	95876
this section, no individual shall qualify for nursing facility	95877
services or other medicaid-funded long-term care services if the	95878
individual's equity interest in the individual's home exceeds five	95879
hundred thousand dollars. The medicaid director ~~of job and family~~	95880
~~services~~ shall increase this amount effective January 1, 2011, and	95881
the first day of each year thereafter, by the percentage increase	95882
in the consumer price index for all urban consumers (all items;	95883
United States city average), rounded to the nearest one thousand	95884
dollars.	95885

(B) This section does not apply to an individual if either of	95886
the following applies:	95887

(1) Either of the following lawfully reside in the	95888
individual's home:	95889

(a) The individual's spouse;

95890

(b) The individual's child if the child is under twenty-one	95891
years of age or, under the "Social Security Act," section 1614, 42	95892
U.S.C. 1382c, considered blind or disabled.	95893

(2) The individual qualifies, pursuant to the process	95894
established under division (C) of this section, for a waiver of	95895
this section due to a demonstrated hardship.	95896

(C) The director shall establish a process by which	95897
individuals may obtain a waiver of this section due to a	95898
demonstrated hardship. The process shall be consistent with the	95899
process for such waivers established by the United States	95900
secretary of health and human services under the "Social Security	95901
Act," section 1917(f)(4), 42 U.S.C. 1396p(f)(4).	95902

(D) Nothing in this section shall be construed as preventing	95903
an individual from using a reverse mortgage or home equity loan to	95904
reduce the individual's total equity interest in the home.	95905

~~Sec. 5111.114.~~ Sec. 5163.33. ~~As used in this section, "nursing~~	95906
~~facility" and "intermediate care facility for the mentally~~	95907
~~retarded" have the same meanings as in section 5111.20 of the~~	95908
~~Revised Code.~~	95909

(A) In determining the amount of income that a medicaid	95910
recipient ~~of medical assistance~~ must apply monthly toward payment	95911
of the cost of care in a nursing facility or ~~intermediate care~~	95912
~~facility for the mentally retarded~~ICF/MR, ~~the~~a county department	95913
of job and family services shall deduct from the recipient's	95914
monthly income a monthly personal needs allowance in accordance	95915
with ~~section 1902 of~~ the "Social Security Act," ~~49 Stat. 620~~	95916
~~(1935)~~section 1902(q), 42 U.S.C.~~A. 1396a, as amended~~1396a(q).	95917

~~For~~(B) In the case of a resident of a nursing facility, the	95918
monthly personal needs allowance shall be as follows:	95919

(1) Prior to January 1, 2014, not less than forty dollars for	95920
an individual resident and not less than eighty dollars for a	95921
married couple if both spouses are residents of a nursing facility	95922
and their incomes are considered available to each other in	95923
determining eligibility;	95924

(2) For calendar year 2014, not less than forty-five dollars	95925
for an individual resident and not less than ninety dollars for a	95926
married couple if both spouses are residents of a nursing facility	95927
and their incomes are considered available to each other in	95928
determining eligibility;	95929

(3) For calendar year 2015 and each calendar year thereafter,	95930
not less than fifty dollars for an individual resident and not	95931
less than one hundred dollars for a married couple if both spouses	95932
are residents of a nursing facility and their incomes are	95933
considered available to each other in determining eligibility.	95934

~~For~~(C) In the case of a resident of an ~~intermediate care~~	95935
~~facility for the mentally retarded~~ICF/MR, the monthly personal	95936
needs allowance shall be forty dollars unless the resident has	95937
earned income, in which case the monthly personal needs allowance	95938
shall be determined by the ~~state~~ department of ~~job and family~~	95939
~~services~~medicaid, or the department's designee, but shall not	95940
exceed one hundred five dollars.	95941

~~Sec. 5111.013.~~ Sec. 5163.40. (A) ~~The provision of medical~~	95942
~~assistance to pregnant women and young children who are eligible~~	95943
~~for medical assistance under division (C)(3) of section 5111.01 of~~	95944
~~the Revised Code, but who are not otherwise eligible for medical~~	95945
~~assistance under that section, shall be known as the healthy start~~	95946
~~program.~~	95947

~~(B)~~ The department of ~~job and family services~~medicaid shall	95948
do all of the following with regard to the application procedures	95949
for the healthy start component of the medicaid program:	95950

(1) Establish a short application form for the ~~program~~	95951
component that requires the applicant to provide no more	95952
information than is necessary for making determinations of	95953
eligibility for the ~~healthy start program~~component, except that	95954
the form may require applicants to provide their social security	95955
numbers. The form shall include a statement, which must be signed	95956
by the applicant, indicating that she does not choose at the time	95957
of making application for the ~~program~~component to apply for	95958
assistance provided under any other program administered by the	95959
department or the department of job and family services and that	95960
she understands that she is permitted at any other time to apply	95961
at the county department of job and family services of the county	95962
in which she resides for ~~any~~ other assistance administered by the	95963
department or the department of job and family services.	95964

(2) ~~To the extent permitted by federal law, do~~Do one or both	95965
of the following:	95966

(a) Distribute the application form for the ~~program~~component	95967
to each public or private entity that serves as a women, infants,	95968
and children clinic or as a child and family health clinic and to	95969
each administrative body for such clinics and train employees of	95970
each such ~~agency~~clinic or ~~entity~~administrative body to provide	95971
applicants assistance in completing the form;	95972

(b) In cooperation with the department of health, develop	95973
arrangements under which employees of county departments of job	95974
and family services are stationed at public or private ~~agencies or~~	95975
entities selected by the department of ~~job and family services~~	95976
medicaid that serve as women, infants, and children clinics; child	95977
and family health clinics; or administrative bodies for such	95978
clinics for the purpose both of assisting applicants for the	95979
~~program~~component in completing the application form and of making	95980
determinations at that location of eligibility for the ~~program~~	95981
component.	95982

(3) Establish performance standards by which a county	95983
department of job and family services' level of enrollment of	95984
persons potentially eligible for the ~~program~~component can be	95985
measured, and establish acceptable levels of enrollment for each	95986
county department.	95987

(4) Direct any county department of job and family services	95988
whose rate of enrollment of potentially eligible enrollees in the	95989
~~program~~component is below acceptable levels established under	95990
division ~~(B)~~(A)(3) of this section to implement corrective	95991
action. Corrective action may include but is not limited to any	95992
one or more of the following ~~to the extent permitted by federal~~	95993
~~law~~:	95994

(a) Establishing formal referral and outreach methods with	95995
local health departments and local entities receiving funding	95996
through the bureau of maternal and child health;	95997

(b) Designating a specialized intake unit within the county	95998
department for healthy start applicants;	95999

(c) Establishing abbreviated timeliness requirements to	96000
shorten the time between receipt of an application and the	96001
scheduling of an initial application interview;	96002

(d) Establishing a system for telephone scheduling of intake	96003
interviews for applicants;	96004

(e) Establishing procedures to minimize the time an applicant	96005
must spend in completing the application and eligibility	96006
determination process, including permitting applicants to complete	96007
the process at times other than the regular business hours of the	96008
county department and at locations other than the offices of the	96009
county department.	96010

~~(C) To the extent permitted by federal law, local funds,~~	96011
~~whether from public or private sources, expended by a county~~	96012
~~department for administration of the healthy start program shall~~	96013
~~be considered to have been expended by the state for the purpose~~	96014
~~of determining the extent to which the state has complied with any~~	96015
~~federal requirement that the state provide funds to match federal~~	96016
~~funds for medical assistance, except that this division shall not~~	96017
~~affect the amount of funds the county is entitled to receive under~~	96018
~~section 5101.16, 5101.161, or 5111.012 of the Revised Code.~~	96019

~~(D)~~(B) A county department of job and family services that	96020
maintains offices at more than one location shall accept	96021
applications for the healthy start ~~program~~component at all of	96022
those locations.	96023

~~(E) The director of job and family services shall adopt rules~~	96024
~~in accordance with section 111.15 of the Revised Code as necessary~~	96025
~~to implement this section.~~	96026

~~Sec. 5111.0119.~~ Sec. 5163.45. (A)(1) As used in this section,	96027
subject to division (A)(2) of this section, "state or local	96028
correctional facility" means any of the following:	96029

(a) A "state correctional institution," as defined in section	96030
2967.01 of the Revised Code;	96031

(b) A "local correctional facility," as defined in section	96032
2903.13 of the Revised Code;	96033

(c) A correctional facility that is privately operated and	96034
managed pursuant to section 9.06 of the Revised Code.	96035

(2) "State or local correctional facility" does not include	96036
any facility operated directly by or at the direction of the	96037
department of youth services.	96038

(B) If a person who is confined in a state or local	96039
correctional facility was a medicaid recipient immediately prior	96040
to being confined in the facility, all of the following apply:	96041

(1) The person's eligibility for medicaid while so confined	96042
shall be suspended due to the confinement.	96043

(2) No medicaid payment shall be made for any care, services,	96044
or supplies provided to the person during the suspension described	96045
in division (B)(1) of this section.	96046

(3) The suspension described in division (B)(1) of this	96047
section shall end upon the release of the person from the	96048
confinement.	96049

(4) Except as provided in division (C) of this section, the	96050
person shall not be required to reapply or undergo a	96051
redetermination of eligibility for medicaid when the suspension	96052
described in division (B)(1) of this section ends.	96053

(C) A person may be disenrolled from medicaid any time after	96054
the suspension described in division (B)(1) of this section ends	96055
if the person is no longer eligible for medicaid. A person may be	96056
required to undergo a redetermination of eligibility for medicaid	96057
any time after the suspension described in division (B)(1) of this	96058
section ends if it is time or past time for the person's	96059
eligibility redetermination or the person's circumstances have	96060
changed in a manner warranting a redetermination.	96061

~~(D) The department of job and family services shall take the~~	96062
~~steps necessary to begin implementation of this section not later~~	96063
~~than September 1, 2009.~~	96064

Sec. 5164.01. As used in this chapter:

96065

(A) "Early and periodic screening, diagnostic, and treatment	96066
services" has the same meaning as in the "Social Security Act,"	96067
section 1905(r), 42 U.S.C. 1396d(r).	96068

(B) "Federal financial participation" has the same meaning as	96069
in section 5160.01 of the Revised Code.	96070

(C) "Healthcheck" means the component of the medicaid program	96071
that provides early and periodic screening, diagnostic, and	96072
treatment services.	96073

(D) "Home and community-based services medicaid waiver	96074
component" has the same meaning as in section 5166.01 of the	96075
Revised Code.	96076

(E) "Hospital" has the same meaning as in section 3727.01 of	96077
the Revised Code.	96078

(F) "ICF/MR" has the same meaning as in section 5124.01 of	96079
the Revised Code.	96080

(G) "Mandatory services" means the health care services and	96081
items that must be covered by the medicaid state plan as a	96082
condition of the state receiving federal financial participation	96083
for the medicaid program.	96084

(H) "Medicaid managed care organization" has the same meaning	96085
as in section 5167.01 of the Revised Code.	96086

(I) "Medicaid provider" means a person or government entity	96087
with a valid provider agreement to provide medicaid services to	96088
medicaid recipients. To the extent appropriate in the context,	96089
"medicaid provider" includes a person or government entity	96090
applying for a provider agreement, a former medicaid provider, or	96091
both.	96092

(J) "Medicaid services" means either or both of the	96093
following:	96094

(1) Mandatory services;

96095

(2) Optional services that the medicaid program covers.

96096

(K) "Nursing facility" has the same meaning as in section	96097
5165.01 of the Revised Code.	96098

(L) "Optional services" means the health care services and	96099
items that may be covered by the medicaid state plan or a federal	96100
medicaid waiver and for which the medicaid program receives	96101
federal financial participation.	96102

(M) "Prescribed drug" has the same meaning as in 42 C.F.R.	96103
440.120.	96104

(N) "Provider agreement" means an agreement to which all of	96105
the following apply:	96106

(1) It is between a medicaid provider and the department of	96107
medicaid;	96108

(2) It provides for the medicaid provider to provide medicaid	96109
services to medicaid recipients;	96110

(3) It complies with 42 C.F.R. 431.107(b).

96111

(O) "Terminal distributor of dangerous drugs" has the same	96112
meaning as in section 4729.01 of the Revised Code.	96113

~~Sec. 5111.02.~~ Sec. 5164.02. (A) The ~~director of job and family~~	96114
~~services shall adopt, and may amend or rescind, rules under~~	96115
medicaid director shall adopt rules as necessary to implement this	96116
chapter. The rules shall be adopted in accordance with Chapter	96117
119. of the Revised Code ~~establishing the amount, duration, and~~	96118
~~scope of medicaid services~~. ~~The rules shall be consistent with~~	96119
~~federal and state law. The rules may be different for different~~	96120
~~medicaid services. The~~	96121

(B) The rules shall establish all of the following:

96122

~~(A) The conditions under which the medicaid program shall~~	96123
~~cover and reimburse medicaid services;~~	96124

~~(B) The method of reimbursement applicable to each medicaid~~	96125
~~service~~(1) The amount, duration, and scope of the medicaid	96126
services covered by the medicaid program;	96127

~~(C)~~(2) The payment amount ~~of reimbursement~~for each medicaid	96128
service or, in lieu of ~~amounts~~the payment amount, ~~methods~~the	96129
method by which ~~amounts are~~the payment amount is to be determined	96130
for each medicaid service;	96131

~~(D)~~(3) Procedures for enforcing the rules adopted under this	96132
section that provide due process protections, including procedures	96133
for corrective action plans for, and imposing financial and	96134
administrative sanctions on, persons and government entities that	96135
violate the rules.	96136

(C) The rules may be different for different medicaid	96137
services.	96138

(D) The medicaid director is not required to adopt a rule	96139
establishing the payment amount for a medicaid service if the	96140
director adopts a rule establishing the method by which the	96141
payment amount is to be determined for the medicaid service and	96142
makes the payment amount available on the internet web site	96143
maintained by the department of medicaid.	96144

Sec. 5164.03. (A) The medicaid program shall cover all	96145
mandatory services.	96146

(B) The medicaid program shall cover all of the optional	96147
services that state statutes require the medicaid program to	96148
cover.	96149

(C) The medicaid program may cover any of the optional	96150
services to which either of the following applies:	96151

(1) State statutes expressly permit the medicaid program to	96152
cover the optional service;	96153

(2) State statutes do not address whether the medicaid	96154
program may cover the optional service.	96155

(D) The medicaid program shall not cover any optional	96156
services that state statutes prohibit the medicaid program from	96157
covering.	96158

~~Sec. 5111.04.~~ Sec. 5164.05. (A) As used in this section:

96159

(1) "Outpatient health facility" means a facility that	96160
provides comprehensive primary health services by or under the	96161
direction of a physician at least five days per week on a	96162
forty-hour per week basis to outpatients, is operated by the board	96163
of health of a city or general health district or another public	96164
agency or by a nonprofit private agency or organization under the	96165
direction and control of a governing board that has no	96166
health-related responsibilities other than the direction and	96167
control of one or more such outpatient health facilities, and	96168
receives at least seventy-five per cent of its operating funds	96169
from public sources, except that it does not include an outpatient	96170
hospital facility or a federally qualified health center as	96171
defined in ~~Sec. 1905(l) (2)(B) of~~ the "Social Security Act," ~~103~~	96172
~~Stat. 2264 (1989)~~section 1905(l)(2)(B), 42 U.S.C.A.	96173
1396d(l)(2)(B).	96174

(2) "Comprehensive primary health services" means preventive,	96175
diagnostic, therapeutic, rehabilitative, or palliative items or	96176
services that include all of the following:	96177

(a) Services of physicians, physician assistants, and	96178
certified nurse practitioners;	96179

(b) Diagnostic laboratory and radiological services;

96180

(c) Preventive health services, such as children's eye and	96181
ear examinations, perinatal services, well child services, and	96182
family planning services;	96183

(d) Arrangements for emergency medical services;

96184

(e) Transportation services.

96185

(3) "Certified nurse practitioner" has the same meaning as in	96186
section 4723.01 of the Revised Code.	96187

(B) ~~Outpatient~~Subject to division (C) of this section, the	96188
medicaid program shall cover comprehensive primary health services	96189
provided by outpatient health facilities ~~are a separate category~~	96190
~~of medical care provider under the rules governing the~~	96191
~~administration of the medical assistance program established under~~	96192
~~section 5111.01 of the Revised Code~~with valid provider	96193
agreements. ~~Rates of reimbursement for items and services provided~~	96194
~~by an outpatient health facility under this section shall be~~	96195
~~prospectively determined by the~~The department of ~~job and family~~	96196
~~services~~medicaid shall prospectively determine the medicaid	96197
payment rates for such comprehensive primary health services not	96198
less often than once each year,. The rates shall not be subject to	96199
retroactive adjustment based on actual costs incurred~~, and~~. The	96200
rates shall not exceed the maximum fee schedule or rates of	96201
payment, limitations based on reasonable costs or customary	96202
charges, and limitations based on combined payments received for	96203
furnishing comparable services, as are applicable to outpatient	96204
hospital facilities under ~~Title XVIII of~~ the ~~"Social Security Act~~	96205
medicare program." In determining ~~rates of reimbursement~~an	96206
outpatient health facility's rate prospectively, the department	96207
shall take into account the historic expenses of the facility, the	96208
operating requirements and services offered by the facility, and	96209
the geographical location of the facility, shall provide	96210
incentives for the efficient and economical utilization of the	96211
facility's resources, and shall ensure that the facility does not	96212
discriminate between classes of persons for whom or by whom	96213
payment for ~~items and~~the services is made.	96214

(C) AAn outpatient health facility does not qualify for	96215
~~classification as an outpatient health facility~~medicaid payments	96216
under this section unless it:	96217

(1) Has health and medical care policies developed with the	96218
advice of and subject to review by an advisory committee of	96219
professional personnel, including one or more physicians, one or	96220
more dentists if dental care is provided, and one or more	96221
registered nurses;	96222

(2) Has a medical director, a dental director, if dental care	96223
is provided, and a nursing director responsible for the execution	96224
of such policies, and has physicians, dentists, nursing, and	96225
ancillary staff appropriate to the scope of services provided;	96226

(3) Requires that the care of every patient be under the	96227
supervision of a physician, provides for medical care in case of	96228
emergency, has in effect a written agreement with one or more	96229
hospitals and one or more other outpatient facilities, and has an	96230
established system for the referral of patients to other resources	96231
and a utilization review plan and program;	96232

(4) Maintains clinical records on all patients;

96233

(5) Provides nursing services and other therapeutic services	96234
in compliance with applicable laws and rules and under the	96235
supervision of a registered nurse, and has a registered nurse on	96236
duty at all times when the facility is in operation;	96237

(6) Follows approved methods and procedures for the	96238
dispensing and administration of drugs and biologicals;	96239

(7) Maintains the accounting and record-keeping system	96240
required under federal laws and regulations for the determination	96241
of reasonable and allowable costs.	96242

~~Sec. 5111.029.~~ Sec. 5164.06. The medicaid program shall cover	96243
occupational therapy services provided by an occupational	96244
therapist licensed under section 4755.08 of the Revised Code.	96245
Coverage shall not be limited to services provided in a hospital	96246
or nursing facility. Any licensed occupational therapist may enter	96247
into a ~~medicaid~~ provider agreement with the department of ~~job and~~	96248
~~family services~~medicaid to provide occupational therapy services	96249
under the medicaid program.	96250

~~Sec. 5111.018.~~ Sec. 5164.07. (A) The ~~provision of medical~~	96251
~~assistance under this chapter~~medicaid program shall include	96252
coverage of inpatient care and follow-up care for a mother and her	96253
newborn as follows:	96254

(1) The ~~medical assistance~~ medicaid program shall cover a	96255
minimum of forty-eight hours of inpatient care following a normal	96256
vaginal delivery and a minimum of ninety-six hours of inpatient	96257
care following a cesarean delivery. Services covered as inpatient	96258
care shall include medical, educational, and any other services	96259
that are consistent with the inpatient care recommended in the	96260
protocols and guidelines developed by national organizations that	96261
represent pediatric, obstetric, and nursing professionals.	96262

(2) The ~~medical assistance~~medicaid program shall cover a	96263
physician-directed source of follow-up care. Services covered as	96264
follow-up care shall include physical assessment of the mother and	96265
newborn, parent education, assistance and training in breast or	96266
bottle feeding, assessment of the home support system, performance	96267
of any medically necessary and appropriate clinical tests, and any	96268
other services that are consistent with the follow-up care	96269
recommended in the protocols and guidelines developed by national	96270
organizations that represent pediatric, obstetric, and nursing	96271
professionals. The coverage shall apply to services provided in a	96272
medical setting or through home health care visits. The coverage	96273
shall apply to a home health care visit only if the health care	96274
professional who conducts the visit is knowledgeable and	96275
experienced in maternity and newborn care.	96276

When a decision is made in accordance with division (B) of	96277
this section to discharge a mother or newborn prior to the	96278
expiration of the applicable number of hours of inpatient care	96279
required to be covered, the coverage of follow-up care shall apply	96280
to all follow-up care that is provided within forty-eight hours	96281
after discharge. When a mother or newborn receives at least the	96282
number of hours of inpatient care required to be covered, the	96283
coverage of follow-up care shall apply to follow-up care that is	96284
determined to be medically necessary by the health care	96285
professionals responsible for discharging the mother or newborn.	96286

(B) Any decision to shorten the length of inpatient stay to	96287
less than that specified under division (A)(1) of this section	96288
shall be made by the physician attending the mother or newborn,	96289
except that if a nurse-midwife is attending the mother in	96290
collaboration with a physician, the decision may be made by the	96291
nurse-midwife. Decisions regarding early discharge shall be made	96292
only after conferring with the mother or a person responsible for	96293
the mother or newborn. For purposes of this division, a person	96294
responsible for the mother or newborn may include a parent,	96295
guardian, or any other person with authority to make medical	96296
decisions for the mother or newborn.	96297

(C) The department of ~~job and family services~~medicaid, in	96298
administering the ~~medical assistance~~medicaid program, may not do	96299
either of the following:	96300

(1) Terminate the ~~participation~~provider agreement of a	96301
health care professional or health care facility ~~as a provider~~	96302
~~under the program~~ solely for making recommendations for inpatient	96303
or follow-up care for a particular mother or newborn that are	96304
consistent with the care required to be covered by this section;	96305

(2) Establish or offer monetary or other financial incentives	96306
for the purpose of encouraging a person to decline the inpatient	96307
or follow-up care required to be covered by this section.	96308

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

96309

(1) Require the ~~medical assistance~~medicaid program to cover	96310
inpatient or follow-up care that is not received in accordance	96311
with the program's terms pertaining to the health care	96312
professionals and facilities from which ~~an individual~~a medicaid	96313
recipient is authorized to receive health care services.	96314

(2) Require a mother or newborn to stay in a hospital or	96315
other inpatient setting for a fixed period of time following	96316
delivery;	96317

(3) Require a child to be delivered in a hospital or other	96318
inpatient setting;	96319

(4) Authorize a nurse-midwife to practice beyond the	96320
authority to practice nurse-midwifery in accordance with Chapter	96321
4723. of the Revised Code;	96322

(5) Establish minimum standards of medical diagnosis, care,	96323
or treatment for inpatient or follow-up care for a mother or	96324
newborn. A deviation from the care required to be covered under	96325
this section shall not, on the basis of this section, give rise to	96326
a medical claim or derivative medical claim, as those terms are	96327
defined in section 2305.113 of the Revised Code.	96328

~~Sec. 5111.024.~~ Sec. 5164.08. (A) As used in this section,	96329
"screening mammography" means a radiologic examination utilized to	96330
detect unsuspected breast cancer at an early stage in asymptomatic	96331
women and includes the x-ray examination of the breast using	96332
equipment that is dedicated specifically for mammography,	96333
including the x-ray tube, filter, compression device, screens,	96334
film, and cassettes, and that has an average radiation exposure	96335
delivery of less than one rad mid-breast. "Screening mammography"	96336
includes two views for each breast. The term also includes the	96337
professional interpretation of the film.	96338

"Screening mammography" does not include diagnostic	96339
mammography.	96340

(B) ~~In addition to any other services required to be included~~	96341
~~in the program or for which federal approval is received, the~~	96342
~~medical assistance~~The medicaid program shall ~~include~~cover both	96343
of the following ~~if approval for use of federal funds is granted~~	96344
~~to the department by the federal agency responsible for~~	96345
~~distributing funds under Title XIX of the "Social Security Act,"~~	96346
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~:	96347

(1) ~~Effective July 1, 1993, screening~~Screening mammography	96348
to detect the presence of breast cancer in adult women;	96349

(2) ~~Effective January 1, 1993, cytologic~~Cytologic screening	96350
for the presence of cervical cancer.	96351

(C) The ~~service provided under~~medicaid program's coverage of	96352
screening mammography pursuant to division (B)(1) of this section	96353
shall be provided in accordance with all of the following:	96354

(1) If a woman is at least thirty-five years of age but under	96355
forty years of age, one screening mammography;	96356

(2) If a woman is at least forty years of age but under fifty	96357
years of age, either of the following:	96358

(a) One screening mammography every two years;

96359

(b) If a licensed physician has determined that the woman has	96360
risk factors to breast cancer, one screening mammography every	96361
year.	96362

(3) If a woman is at least fifty years of age but under	96363
sixty-five years of age, one screening mammography every year.	96364

(D) The ~~service provided under~~medicaid program's coverage of	96365
screening mammographies pursuant to division (B)(1) of this	96366
section shall be provided only for screening mammographies that	96367
are performed in a facility or mobile mammography screening unit	96368
that is accredited under the American college of radiology	96369
mammography accreditation program or in a hospital as defined in	96370
section 3727.01 of the Revised Code.	96371

(E) The ~~service provided under~~medicaid program's coverage of	96372
cytologic screenings pursuant to division (B)(2) of this section	96373
shall be provided only for cytologic screenings that are processed	96374
and interpreted in a laboratory certified by the college of	96375
American pathologists or in a hospital as defined in section	96376
3727.01 of the Revised Code.	96377

~~Sec. 5111.023.~~ Sec. 5164.15. (A) As used in this section:

96378

(1) "Community mental health ~~agency~~services provider or	96379
facility" means a community mental health ~~agency~~services provider	96380
or facility that has its community mental health services	96381
certified by the department of ~~mental health~~mental health and	96382
addiction services under section ~~5119.611~~5119.36 of the Revised	96383
Code or by the department of job and family services under section	96384
5103.03 of the Revised Code.	96385

(2) "Mental health professional" means a person qualified to	96386
work with mentally ill persons under the standards established by	96387
the director of ~~mental health~~mental health and addiction services	96388
pursuant to section ~~5119.611~~5119.36 of the Revised Code.	96389

(B) The ~~state~~ medicaid ~~plan~~program may ~~include provision of~~	96390
cover the following mental health services when provided by	96391
community mental health ~~agencies~~services providers or facilities:	96392

(1) Outpatient mental health services, including, but not	96393
limited to, preventive, diagnostic, therapeutic, rehabilitative,	96394
and palliative interventions rendered to individuals in an	96395
individual or group setting by a mental health professional in	96396
accordance with a plan of treatment appropriately established,	96397
monitored, and reviewed;	96398

(2) Partial-hospitalization mental health services rendered	96399
by persons directly supervised by a mental health professional;	96400

(3) Unscheduled, emergency mental health services of a kind	96401
ordinarily provided to persons in crisis when rendered by persons	96402
supervised by a mental health professional;	96403

(4) ~~Subject to receipt of federal approval, assertive~~	96404
Assertive community treatment and intensive home-based mental	96405
health services.	96406

(C) The department of ~~job and family services~~medicaid shall	96407
enter into a separate contract with the department of ~~mental~~	96408
~~health~~mental health and addiction services under section ~~5111.91~~	96409
5162.35 of the Revised Code with regard to the ~~component of~~mental	96410
health services the medicaid program ~~provided for by~~covers	96411
pursuant to this section.	96412

~~Sec. 5111.027.~~ Sec. 5164.20. ~~If the medicaid program provides~~	96413
~~prescription drug services to medicaid recipients, the~~The	96414
medicaid program shall not ~~provide reimbursement for prescription~~	96415
cover prescribed drugs for treatment of erectile dysfunction.	96416

~~Sec. 5111.042.~~ Sec. 5164.25. The departments of developmental	96417
disabilities and ~~job and family services~~medicaid may approve,	96418
reduce, deny, or terminate a medicaid service included in the	96419
individualized service plan developed for a medicaid recipient	96420
with mental retardation or other developmental disability who is	96421
eligible for medicaid case management services. If either	96422
department approves, reduces, denies, or terminates a service,	96423
that department shall timely notify the medicaid recipient that	96424
the recipient may ~~request a hearing under~~appeal pursuant to	96425
section ~~5101.35~~5160.31 of the Revised Code.	96426

~~Sec. 5111.016.~~ Sec. 5164.26. ~~(A) As used in this section,~~	96427
~~"healthcheck" has the same meaning as in section 3313.714 of the~~	96428
~~Revised Code.~~	96429

~~(B)~~ The department of ~~job and family services~~medicaid shall	96430
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	96431
~~establishing~~establish a combination of written and oral methods	96432
designed to provide information about healthcheck to all persons	96433
eligible for the program or their parents or guardians. The	96434
department shall ensure that its methods of providing information	96435
are effective. ~~The methods shall comply with federal law and~~	96436
~~regulations.~~	96437

Each ~~county department of job and family services or other~~	96438
entity that distributes or accepts applications for ~~medical~~	96439
~~assistance~~medicaid shall prominently display a notice that	96440
complies with the ~~rules adopted~~methods of providing information	96441
about healthcheck established under this ~~division~~section.	96442

Sec. 5164.30. No person or government entity may participate	96443
in the medicaid program as a medicaid provider without a valid	96444
provider agreement with the department of medicaid.	96445

~~Sec. 5111.053.~~ Sec. 5164.301. (A) As used in this section, "group	96446
practice" has the same meaning as in section 4731.65 of the	96447
Revised Code.	96448

(B) The department of ~~job and family services~~medicaid shall	96449
establish a process by which a physician assistant may enter into	96450
a ~~medicaid~~ provider agreement.	96451

(C)(1) Subject to division (C)(2) of this section, a claim	96452
for ~~reimbursement~~medicaid payment for a medicaid service provided	96453
by a physician assistant to a medicaid recipient may be submitted	96454
by the physician assistant who provided the service or the	96455
physician, group practice, clinic, or other health care facility	96456
that employs the physician assistant.	96457

(2) A claim for ~~reimbursement~~medicaid payment may be	96458
submitted by the physician assistant who provided the service only	96459
if the physician assistant has a valid provider agreement. When	96460
submitting the claim, the physician assistant shall use only the	96461
medicaid provider number the department has assigned to the	96462
physician assistant.	96463

~~(D) The director of job and family services may adopt rules~~	96464
~~under section 5111.02 of the Revised Code to implement this~~	96465
~~section.~~	96466

~~Sec. 5111.063.~~ Sec. 5164.31. (A) For the purpose of raising funds	96467
necessary to pay the expenses of implementing the provider	96468
screening requirements of subpart E of 42 C.F.R. Part 455 and	96469
except as provided in division (B) of this section, the department	96470
of ~~job and family services~~medicaid shall ~~charge~~collect an	96471
application fee tofrom a medicaid provider ~~seeking to enter into~~	96472
~~or renew a medicaid provider agreement, unless the provider is~~	96473
~~exempt from paying the application fee under 42 C.F.R. 455.460(a)~~	96474
before doing any of the following:	96475

(1) Entering into a provider agreement with a medicaid	96476
provider that seeks initial enrollment as a provider;	96477

(2) Entering into a provider agreement with a former medicaid	96478
provider that seeks re-enrollment as a provider;	96479

(3) Revalidating a medicaid provider's continued enrollment	96480
as a provider. ~~The~~	96481

(B) The department is not to collect an application fee from	96482
a medicaid provider that is exempt from paying the fee under 42	96483
C.F.R. 455.460(a).	96484

(C) The application fees shall be deposited into the health	96485
care services administration fund created under section ~~5111.94~~	96486
5162.54 of the Revised Code. Application fees are nonrefundable	96487
when collected in accordance with 42 C.F.R. 455.460(a).	96488

(D) The medicaid director ~~of job and family services~~ shall	96489
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	96490
of the Revised Code as necessary to implement this section,	96491
including a rule establishing the amount of the application fee	96492
~~that is charged~~to be collected under this section. The amount of	96493
the application fee shall not be set at an amount that is more	96494
than necessary to pay for the expenses of implementing the	96495
provider screening requirements.	96496

~~Sec. 5111.028.~~ Sec. 5164.32. (A) ~~Pursuant to section 5111.02 of~~	96497
~~the Revised Code, the director of job and family services shall~~	96498
~~adopt rules establishing procedures for the use of time-limited~~	96499
~~provider agreements under the medicaid program. Except as provided~~	96500
~~in division (E) of this section, all provider agreements shall be~~	96501
~~time-limited in accordance with the procedures established in the~~	96502
~~rules.~~	96503

~~The department of job and family services shall phase-in the~~	96504
~~use of time-limited provider agreements pursuant to this section~~	96505
~~during a period commencing not later than January 1, 2008, and~~	96506
~~ending January 1, 2015.~~	96507

~~(B) In the use of time-limited provider agreements pursuant~~	96508
~~to this section, all of the following apply:~~	96509

~~(1)~~ Each medicaid provider agreement shall expire not later	96510
than ~~seven~~five years from ~~the~~its effective date ~~of the~~	96511
~~agreement.~~	96512

~~(2) During the phase-in period specified in division (A) of~~	96513
~~this section, the department may provide for the conversion of~~. If	96514
a provider agreement ~~without a time limit~~entered into before the	96515
effective date of this amendment does not have a time limit, the	96516
department of medicaid shall convert the agreement to a provider	96517
agreement with a time limit. ~~The department may take an action to~~	96518
~~convert the provider agreement by sending a notice by regular mail~~	96519
~~to the address of the provider on record with the department~~	96520
~~advising the provider of the conversion.~~	96521

~~(3) The department may make the effective date of a provider~~	96522
~~agreement retroactive for a period not to exceed one year from the~~	96523
~~date of the provider's application for the agreement, as long as~~	96524
~~the provider met all medicaid program requirements during that~~	96525
~~period.~~	96526

~~(C)~~(B) The medicaid director shall adopt rules under section	96527
5164.02 of the Revised Code as necessary to implement this	96528
section. The rules ~~for use of time-limited provider agreements~~	96529
~~pursuant to this section~~ shall be consistent with subpart E of 42	96530
C.F.R. Part 455 and include a process for ~~re-enrollment of~~	96531
~~providers~~revalidating medicaid providers' continued enrollments	96532
as providers. All of the following apply to the ~~re-enrollment~~	96533
revalidation process:	96534

(1) The department ~~of job and family services may terminate a~~	96535
~~time-limited provider agreement or deny re-enrollment~~shall refuse	96536
to revalidate a provider's provider agreement when athe provider	96537
fails to ~~file an~~do either of the following:	96538

(a) File a complete application for ~~re-enrollment~~	96539
revalidation within the time and in the manner required under the	96540
~~re-enrollment~~revalidation process;	96541

(b) Provide required supporting documentation not later than	96542
thirty days after the date the provider timely applies for	96543
revalidation.	96544

(2) If a provider files an application for ~~re-enrollment~~	96545
revalidation within the time and in the manner required under the	96546
~~re-enrollment~~revalidation process and timely provides required	96547
supporting documentation, but the provider agreement expires	96548
before the department acts on the application or before the	96549
effective date of the department's decision on the application,	96550
the provider, subject to division (B)(3) of this section, may	96551
continue operating under the terms of the expired provider	96552
agreement until the effective date of the department's decision.	96553

(3) ~~A decision by the department to approve an application~~	96554
~~for re-enrollment becomes effective on the date of the~~	96555
~~department's decision. A decision by the department to deny~~	96556
~~re-enrollment shall take effect not sooner than thirty days after~~	96557
~~the date the department mails written notice of the decision to~~	96558
~~the provider. The department shall specify in the notice the date~~	96559
~~on which the provider is required to cease operating under the~~	96560
~~provider agreement~~If a provider continues operating under the	96561
terms of an expired provider agreement pursuant to division (B)(2)	96562
of this section and the department denies the provider's	96563
application for revalidation, medicaid payments shall not be made	96564
for services or items the provider provides during the period	96565
beginning on the date the provider agreement expired and ending on	96566
the effective date of a subsequent provider agreement, if any, the	96567
department enters into with the provider.	96568

~~(D) Pursuant to section 5111.06 of the Revised Code, the~~	96569
~~department is not required to take the actions specified in~~	96570
~~division (C)(1) of this section by issuing an order pursuant to an~~	96571
~~adjudication conducted in accordance with Chapter 119. of the~~	96572
~~Revised Code.~~	96573

~~(E) The use of time-limited provider agreements pursuant to~~	96574
~~this section does not apply to provider agreements issued to the~~	96575
~~following, including any provider agreements issued to the~~	96576
~~following that are otherwise time-limited under the medicaid~~	96577
~~program:~~	96578

~~(1) A managed care organization under contract with the~~	96579
~~department pursuant to section 5111.17 of the Revised Code;~~	96580

~~(2) A nursing facility, as defined in section 5111.20 of the~~	96581
~~Revised Code;~~	96582

~~(3) An intermediate care facility for the mentally retarded,~~	96583
~~as defined in section 5111.20 of the Revised Code;~~	96584

~~(4) A hospital.~~

96585

Sec. 5164.33. (A) The medicaid director may do the following	96586
for any reason permitted or required by federal law:	96587

(1) Deny or terminate a provider agreement;

96588

(2) Exclude an individual, provider of services or goods, or	96589
other entity from participation in the medicaid program.	96590

(B) No individual, provider, or entity excluded from	96591
participation in the medicaid program under this section shall do	96592
any of the following:	96593

(1) Own, or provide services to, any other medicaid provider	96594
or risk contractor;	96595

(2) Arrange for, render, or order services for medicaid	96596
recipients during the period of exclusion;	96597

(3) During the period of exclusion, receive direct payments	96598
under the medicaid program or indirect payments of medicaid funds	96599
in the form of salary, shared fees, contracts, kickbacks, or	96600
rebates from or through any other medicaid provider or risk	96601
contractor.	96602

(C) An individual, provider, or entity excluded from	96603
participation in the medicaid program under this section may	96604
request a reconsideration of the exclusion. The director shall	96605
adopt rules under section 5164.02 of the Revised Code governing	96606
the process for requesting a reconsideration.	96607

(D) Nothing in this section limits the applicability of	96608
section 5164.38 of the Revised Code to a medicaid provider.	96609

~~Sec. 5111.032.~~ Sec. 5164.34. (A) As used in this section:

96610

(1) "Criminal records check" has the same meaning as in	96611
section 109.572 of the Revised Code.	96612

(2) "Disqualifying offense" means any of the offenses listed	96613
or described in divisions (A)(3)(a) to (e) of section 109.572 of	96614
the Revised Code.	96615

(3) "Owner" means a person who has an ownership interest in a	96616
medicaid provider ~~or applicant to be a provider~~ in an amount	96617
designated in rules ~~adopted under~~authorized by this section.	96618

(4) "Person subject to the criminal records check	96619
requirement" means the following:	96620

(a) A medicaid provider ~~or applicant to be a provider~~ who is	96621
notified under division (E)(1) of this section that the provider	96622
~~or applicant~~ is subject to a criminal records check;	96623

(b) An owner or prospective owner, officer or prospective	96624
officer, or board member or prospective board member of a medicaid	96625
provider ~~or applicant to be a provider~~ if, pursuant to division	96626
(E)(1)(a) of this section, the owner or prospective owner, officer	96627
or prospective officer, or board member or prospective board	96628
member is specified in information given to the provider or	96629
~~applicant~~ under division (E)(1) of this section;	96630

(c) An employee or prospective employee of a medicaid	96631
provider ~~or applicant to be a provider~~ if both of the following	96632
apply:	96633

(i) The employee or prospective employee is specified,	96634
pursuant to division (E)(1)(b) of this section, in information	96635
given to the provider ~~or applicant~~ under division (E)(1) of this	96636
section.	96637

(ii) The provider ~~or applicant~~ is not prohibited by division	96638
(D)(3)(b) of this section from employing the employee or	96639
prospective employee.	96640

(5) ~~"Provider" means a person, institution, or entity that~~	96641
~~has a medicaid provider agreement with the department of job and~~	96642
~~family services.~~	96643

~~(6)~~ "Responsible entity" means the following:

96644

(a) With respect to a criminal records check required under	96645
this section for a medicaid provider ~~or applicant to be a~~	96646
~~provider~~, the department of ~~job and family services~~medicaid or	96647
the department's designee;	96648

(b) With respect to a criminal records check required under	96649
this section for an owner or prospective owner, officer or	96650
prospective officer, board member or prospective board member, or	96651
employee or prospective employee of a medicaid provider or	96652
~~applicant to be a provider~~, the provider ~~or applicant~~.	96653

(B) This section does not apply to any individual who is	96654
subject to a criminal records check under section 3712.09,	96655
3721.121, ~~5111.034,~~ 5123.081, or 5123.169, or 5164.341 of the	96656
Revised Code or any individual who is subject to a database review	96657
or criminal records check under section ~~173.394~~173.38, 3701.881,	96658
or ~~5111.033~~5164.342 of the Revised Code.	96659

(C) The department of ~~job and family services~~medicaid may do	96660
any of the following:	96661

(1) Require that any medicaid provider ~~or applicant to be a~~	96662
~~provider~~ submit to a criminal records check as a condition of	96663
~~having~~obtaining or maintaining a ~~medicaid~~ provider agreement;	96664

(2) Require that any medicaid provider ~~or applicant to be a~~	96665
~~provider~~ require an owner or prospective owner, officer or	96666
prospective officer, or board member or prospective board member	96667
of the provider ~~or applicant~~ submit to a criminal records check as	96668
a condition of being an owner, officer, or board member of the	96669
provider ~~or applicant~~;	96670

(3) Require that any medicaid provider ~~or applicant to be a~~	96671
~~provider~~ do the following:	96672

(a) If so required by rules ~~adopted under~~authorized by this	96673
section, determine pursuant to a database review conducted under	96674
division (F)(1)(a) of this section whether any employee or	96675
prospective employee of the provider ~~or applicant~~ is included in a	96676
database;	96677

(b) Unless the provider ~~or applicant~~ is prohibited by	96678
division (D)(3)(b) of this section from employing the employee or	96679
prospective employee, require the employee or prospective employee	96680
to submit to a criminal records check as a condition of being an	96681
employee of the provider ~~or applicant~~.	96682

(D)(1) The department or the department's designee shall deny	96683
or terminate a medicaid provider's ~~medicaid~~ provider agreement or	96684
~~deny an applicant's application for a medicaid provider agreement~~	96685
if the provider ~~or applicant~~ is a person subject to the criminal	96686
records check requirement and either of the following applies:	96687

(a) The provider ~~or applicant~~ fails to obtain the criminal	96688
records check after being given the information specified in	96689
division (G)(1) of this section.	96690

(b) Except as provided in rules ~~adopted under~~authorized by	96691
this section, the provider ~~or applicant~~ is found by the criminal	96692
records check to have been convicted of,or have pleaded guilty	96693
to~~, or been found eligible for intervention in lieu of conviction~~	96694
~~for~~ a disqualifying offense, regardless of the date of the	96695
conviction,or the date of entry of the guilty plea~~, or the date~~	96696
~~the applicant or provider was found eligible for intervention in~~	96697
~~lieu of conviction~~.	96698

(2) No medicaid provider ~~or applicant to be a provider~~ shall	96699
permit a person to be an owner, officer, or board member of the	96700
provider ~~or applicant~~ if the person is a person subject to the	96701
criminal records check requirement and either of the following	96702
applies:	96703

(a) The person fails to obtain the criminal records check	96704
after being given the information specified in division (G)(1) of	96705
this section.	96706

(b) Except as provided in rules ~~adopted under~~authorized by	96707
this section, the person is found by the criminal records check to	96708
have been convicted of,or have pleaded guilty to~~, or been found~~	96709
~~eligible for intervention in lieu of conviction for~~ a	96710
disqualifying offense, regardless of the date of the conviction,	96711
or the date of entry of the guilty plea~~, or the date the person~~	96712
~~was found eligible for intervention in lieu of conviction~~.	96713

(3) No medicaid provider ~~or applicant to be a provider~~ shall	96714
employ a person if any of the following apply:	96715

(a) The person has been excluded from ~~providing services or~~	96716
~~items under the~~being a medicaid ~~program~~provider, ~~the~~a medicare	96717
~~program operated pursuant to Title XVIII of the "Social Security~~	96718
~~Act~~provider," or provider for any other federal health care	96719
program.	96720

(b) If the person is subject to a database review conducted	96721
under division (F)(1)(a) of this section, the person is found by	96722
the database review to be included in a database and the rules	96723
~~adopted under~~authorized by this section regarding the database	96724
review prohibit the provider ~~or applicant~~ from employing a person	96725
included in the database.	96726

(c) If the person is a person subject to the criminal records	96727
check requirement, either of the following applies:	96728

(i) The person fails to obtain the criminal records check	96729
after being given the information specified in division (G)(1) of	96730
this section.	96731

(ii) Except as provided in rules ~~adopted under~~authorized by	96732
this section, the person is found by the criminal records check to	96733
have been convicted of,or have pleaded guilty to~~, or been found~~	96734
~~eligible for intervention in lieu of conviction for~~ a	96735
disqualifying offense, regardless of the date of the conviction,	96736
or the date of entry of the guilty plea~~, or the date the person~~	96737
~~was found eligible for intervention in lieu of conviction~~.	96738

(E)(1) The department or the department's designee shall	96739
inform each medicaid provider ~~or applicant to be a provider~~	96740
whether the provider ~~or applicant~~ is subject to a criminal records	96741
check. For providers with valid provider agreements, the	96742
information shall be given at times designated in rules ~~adopted~~	96743
~~under~~authorized by this section. For ~~applicants~~providers	96744
applying to be medicaid providers, the information shall be given	96745
at the time of initial application. When the information is given,	96746
the department or the department's designee shall specify the	96747
following:	96748

(a) Which of the provider's ~~or applicant's~~ owners or	96749
prospective owners, officers or prospective officers, or board	96750
members or prospective board members are subject to a criminal	96751
records check;	96752

(b) Which of the provider's ~~or applicant's~~ employees or	96753
prospective employees are subject to division (C)(3) of this	96754
section.	96755

(2) At times designated in rules ~~adopted under~~authorized by	96756
this section, a medicaid provider ~~or applicant to be a provider~~	96757
that is a person subject to the criminal records check requirement	96758
shall do the following:	96759

(a) Inform each person specified under division (E)(1)(a) of	96760
this section that the person is required to submit to a criminal	96761
records check as a condition of being an owner, officer, or board	96762
member of the provider ~~or applicant~~;	96763

(b) Inform each person specified under division (E)(1)(b) of	96764
this section that the person is subject to division (C)(3) of this	96765
section.	96766

(F)(1) If a medicaid provider ~~or applicant to be a provider~~	96767
is a person subject to the criminal records check requirement, the	96768
department or the department's designee shall require the conduct	96769
of a criminal records check by the superintendent of the bureau of	96770
criminal identification and investigation. A medicaid provider or	96771
~~applicant to be a provider~~ shall require the conduct of a criminal	96772
records check by the superintendent with respect to each of the	96773
persons specified under division (E)(1)(a) of this section. With	96774
respect to each employee and prospective employee specified under	96775
division (E)(1)(b) of this section, a medicaid provider or	96776
~~applicant to be a provider~~ shall do the following:	96777

(a) If rules ~~adopted under~~authorized by this section require	96778
the provider ~~or applicant~~ to conduct a database review to	96779
determine whether the employee or prospective employee is included	96780
in a database, conduct the database review in accordance with the	96781
rules;	96782

(b) Unless the provider ~~or applicant~~ is prohibited by	96783
division (D)(3)(b) of this section from employing the employee or	96784
prospective employee, require the conduct of a criminal records	96785
check of the employee or prospective employee by the	96786
superintendent.	96787

(2) If a person subject to the criminal records check	96788
requirement does not present proof of having been a resident of	96789
this state for the five-year period immediately prior to the date	96790
the criminal records check is requested or provide evidence that	96791
within that five-year period the superintendent has requested	96792
information about the person from the federal bureau of	96793
investigation in a criminal records check, the responsible entity	96794
shall require the person to request that the superintendent obtain	96795
information from the federal bureau of investigation as part of	96796
the criminal records check of the person. Even if the person	96797
presents proof of having been a resident of this state for the	96798
five-year period, the responsible entity may require that the	96799
person request that the superintendent obtain information from the	96800
federal bureau of investigation and include it in the criminal	96801
records check of the person.	96802

(G) Criminal records checks required by this section shall be	96803
obtained as follows:	96804

(1) The responsible entity shall provide each person subject	96805
to the criminal records check requirement information about	96806
accessing and completing the form prescribed pursuant to division	96807
(C)(1) of section 109.572 of the Revised Code and the standard	96808
impression sheet prescribed pursuant to division (C)(2) of that	96809
section.	96810

(2) The person subject to the criminal records check	96811
requirement shall submit the required form and one complete set of	96812
the person's fingerprint impressions directly to the	96813
superintendent for purposes of conducting the criminal records	96814
check using the applicable methods prescribed by division (C) of	96815
section 109.572 of the Revised Code. The person shall pay all fees	96816
associated with obtaining the criminal records check.	96817

(3) The superintendent shall conduct the criminal records	96818
check in accordance with section 109.572 of the Revised Code. The	96819
person subject to the criminal records check requirement shall	96820
instruct the superintendent to submit the report of the criminal	96821
records check directly to the responsible entity. If the	96822
department or the department's designee is not the responsible	96823
entity, the department or designee may require the responsible	96824
entity to submit the report to the department or designee.	96825

(H)(1) A medicaid provider ~~or applicant to be a provider~~ may	96826
employ conditionally a person for whom a criminal records check is	96827
required by this section prior to obtaining the results of the	96828
criminal records check if both of the following apply:	96829

(a) The provider ~~or applicant~~ is not prohibited by division	96830
(D)(3)(b) of this section from employing the person.	96831

(b) The person submits a request for the criminal records	96832
check not later than five business days after the person begins	96833
conditional employment.	96834

(2) A medicaid provider ~~or applicant to be a provider~~ that	96835
employs a person conditionally under division (H)(1) of this	96836
section shall terminate the person's employment if the results of	96837
the criminal records check request are not obtained within the	96838
period ending sixty days after the date the request is made.	96839
Regardless of when the results of the criminal records check are	96840
obtained, if the results indicate that the person has been	96841
convicted of,or has pleaded guilty to~~, or has been found eligible~~	96842
~~for intervention in lieu of conviction for~~ a disqualifying	96843
offense, the provider ~~or applicant~~ shall terminate the person's	96844
employment unless circumstances specified in rules ~~adopted under~~	96845
authorized by this section exist that permit the provider or	96846
~~applicant~~ to employ the person and the provider ~~or applicant~~	96847
chooses to employ the person.	96848

(I) The report of a criminal records check conducted pursuant	96849
to this section is not a public record for the purposes of section	96850
149.43 of the Revised Code and shall not be made available to any	96851
person other than the following:	96852

(1) The person who is the subject of the criminal records	96853
check or the person's representative;	96854

(2) The medicaid director ~~of job and family services~~ and the	96855
staff of the department who are involved in the administration of	96856
the medicaid program;	96857

(3) The department's designee;

96858

(4) The medicaid provider ~~or applicant to be a provider~~ who	96859
required the person who is the subject of the criminal records	96860
check to submit to the criminal records check;	96861

(5) An individual receiving or deciding whether to receive,	96862
from the subject of the criminal records check, home and	96863
community-based services available under the medicaid state plan;	96864

(6) A court, hearing officer, or other necessary individual	96865
involved in a case dealing with any of the following:	96866

(a) The denial or termination of a ~~medicaid~~ provider	96867
agreement;	96868

(b) A person's denial of employment, termination of	96869
employment, or employment or unemployment benefits;	96870

(c) A civil or criminal action regarding the medicaid	96871
program.	96872

(J) The medicaid director ~~of job and family services~~ may	96873
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	96874
of the Revised Code to implement this section. If the director	96875
adopts such rules, the rules shall designate the times at which a	96876
criminal records check must be conducted under this section. The	96877
rules may do any of the following:	96878

(1) Designate the categories of persons who are subject to a	96879
criminal records check under this section;	96880

(2) Specify circumstances under which the department or the	96881
department's designee may continue a ~~medicaid~~ provider agreement	96882
or issue a ~~medicaid~~ provider agreement ~~to an applicant~~ when the	96883
medicaid provider ~~or applicant~~ is found by a criminal records	96884
check to have been convicted of, pleaded guilty to, or been found	96885
eligible for intervention in lieu of conviction for a	96886
disqualifying offense;	96887

(3) Specify circumstances under which a medicaid provider or	96888
~~applicant to be a provider~~ may permit a person to be an employee,	96889
owner, officer, or board member of the provider ~~or applicant,~~ when	96890
the person is found by a criminal records check conducted pursuant	96891
to this section to have been convicted of,or have pleaded guilty	96892
to~~, or been found eligible for intervention in lieu of conviction~~	96893
~~for~~ a disqualifying offense;	96894

(4) Specify all of the following:

96895

(a) The circumstances under which a database review must be	96896
conducted under division (F)(1)(a) of this section to determine	96897
whether an employee or prospective employee of a medicaid provider	96898
~~or applicant to be a provider~~ is included in a database;	96899

(b) The procedures for conducting the database review;

96900

96901

(d) The circumstances under which a medicaid provider or	96902
~~applicant to be a provider~~ is prohibited from employing a person	96903
who is found by the database review to be included in a database.	96904

~~Sec. 5111.034.~~ Sec. 5164.341. (A) As used in this section:

96905

"Anniversary date" means the later of the effective date of	96906
the provider agreement relating to the independent provider or	96907
sixty days after September 26, 2003.	96908

"Applicant" means a person who has applied for a ~~medicaid~~	96909
provider agreement to provide home and community-based services as	96910
an independent provider under a home and community-based medicaid	96911
waiver component administered by the department of ~~job and family~~	96912
~~services~~medicaid.	96913

"Criminal records check" has the same meaning as in section	96914
109.572 of the Revised Code.	96915

"Disqualifying offense" means any of the offenses listed or	96916
described in divisions (A)(3)(a) to (e) of section 109.572 of the	96917
Revised Code.	96918

"Independent provider" means a person who has a ~~medicaid~~	96919
provider agreement to provide home and community-based services as	96920
an independent provider in a home and community-based services	96921
medicaid waiver component administered by the department of ~~job~~	96922
~~and family services~~medicaid.	96923

~~"Home and community-based services medicaid waiver component"~~	96924
~~has the same meaning as in section 5111.85 of the Revised Code.~~	96925

(B) The department of ~~job and family services~~medicaid or the	96926
department's designee shall deny an applicant's application for a	96927
~~medicaid~~ provider agreement and shall terminate an independent	96928
provider's ~~medicaid~~ provider agreement if either of the following	96929
applies:	96930

(1) After the applicant or independent provider is given the	96931
information and notification required by divisions (D)(2)(a) and	96932
(b) of this section, the applicant or independent provider fails	96933
to do either of the following:	96934

(a) Access, complete, or forward to the superintendent of the	96935
bureau of criminal identification and investigation the form	96936
prescribed pursuant to division (C)(1) of section 109.572 of the	96937
Revised Code or the standard impression sheet prescribed pursuant	96938
to division (C)(2) of that section;	96939

(b) Instruct the superintendent to submit the completed	96940
report of the criminal records check required by this section	96941
directly to the department or the department's designee.	96942

(2) Except as provided in rules ~~adopted under~~authorized by	96943
this section, the applicant or independent provider is found by a	96944
criminal records check required by this section to have been	96945
convicted of,or have pleaded guilty to~~, or been found eligible~~	96946
~~for intervention in lieu of conviction for~~ a disqualifying	96947
offense, regardless of the date of the conviction,or the date of	96948
entry of the guilty plea~~, or the date the applicant or independent~~	96949
~~provider was found eligible for intervention in lieu of~~	96950
~~conviction~~.	96951

(C)(1) The department or the department's designee shall	96952
inform each applicant, at the time of initial application for a	96953
~~medicaid~~ provider agreement, that the applicant is required to	96954
provide a set of the applicant's fingerprint impressions and that	96955
a criminal records check is required to be conducted as a	96956
condition of the department's approving the application.	96957

(2) Beginning on September 26, 2003, the department or the	96958
department's designee shall inform each independent provider on or	96959
before the time of the anniversary date of the ~~medicaid~~ provider	96960
agreement that the independent provider is required to provide a	96961
set of the independent provider's fingerprint impressions and that	96962
a criminal records check is required to be conducted.	96963

(D)(1) The department or the department's designee shall	96964
require an applicant to complete a criminal records check prior to	96965
entering into a ~~medicaid~~ provider agreement with the applicant.	96966
The department or the department's designee shall require an	96967
independent provider to complete a criminal records check at least	96968
annually. If an applicant or independent provider for whom a	96969
criminal records check is required by this section does not	96970
present proof of having been a resident of this state for the	96971
five-year period immediately prior to the date the criminal	96972
records check is requested or provide evidence that within that	96973
five-year period the superintendent of the bureau of criminal	96974
identification and investigation has requested information about	96975
the applicant or independent provider from the federal bureau of	96976
investigation in a criminal records check, the department or the	96977
department's designee shall request that the applicant or	96978
independent provider obtain through the superintendent a criminal	96979
records request from the federal bureau of investigation as part	96980
of the criminal records check of the applicant or independent	96981
provider. Even if an applicant or independent provider for whom a	96982
criminal records check request is required by this section	96983
presents proof of having been a resident of this state for the	96984
five-year period, the department or the department's designee may	96985
request that the applicant or independent provider obtain	96986
information through the superintendent from the federal bureau of	96987
investigation in the criminal records check.	96988

(2) The department or the department's designee shall provide	96989
the following to each applicant and independent provider for whom	96990
a criminal records check is required by this section:	96991

(a) Information about accessing, completing, and forwarding	96992
to the superintendent of the bureau of criminal identification and	96993
investigation the form prescribed pursuant to division (C)(1) of	96994
section 109.572 of the Revised Code and the standard impression	96995
sheet prescribed pursuant to division (C)(2) of that section;	96996

(b) Written notification that the applicant or independent	96997
provider is to instruct the superintendent to submit the completed	96998
report of the criminal records check directly to the department or	96999
the department's designee.	97000

(3) Each applicant and independent provider for whom a	97001
criminal records check is required by this section shall pay to	97002
the bureau of criminal identification and investigation the fee	97003
prescribed pursuant to division (C)(3) of section 109.572 of the	97004
Revised Code for the criminal records check conducted of the	97005
applicant or independent provider.	97006

(E) The report of any criminal records check conducted by the	97007
bureau of criminal identification and investigation in accordance	97008
with section 109.572 of the Revised Code and pursuant to a request	97009
made under this section is not a public record for the purposes of	97010
section 149.43 of the Revised Code and shall not be made available	97011
to any person other than the following:	97012

(1) The person who is the subject of the criminal records	97013
check or the person's representative;	97014

(2) The medicaid director ~~of job and family services~~ and the	97015
staff of the department who are involved in the administration of	97016
the medicaid program;	97017

(3) The department's designee;

97018

(4) An individual ~~who receives~~receiving or deciding whether	97019
to receive home and community-based services from the person who	97020
is the subject of the criminal records check;	97021

(5) A court, hearing officer, or other necessary individual	97022
involved in a case dealing with either of the following:	97023

(a) A denial or termination of a provider agreement related	97024
to the criminal records check;	97025

(b) A civil or criminal action regarding the medicaid	97026
program.	97027

(F) The medicaid director ~~of job and family services~~ shall	97028
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	97029
of the Revised Code to implement this section. The rules shall	97030
specify circumstances under which the department or the	97031
department's designee may either approve an applicant's	97032
application or allow an independent provider to maintain an	97033
existing ~~medicaid~~ provider agreement even though the applicant or	97034
independent provider is found by a criminal records check required	97035
by this section to have been convicted of,or have pleaded guilty	97036
to~~, or been found eligible for intervention in lieu of conviction~~	97037
~~for~~ a disqualifying offense.	97038

~~Sec. 5111.033.~~ Sec. 5164.342. (A) As used in this section:

97039

"Applicant" means a person who is under final consideration	97040
for employment with a waiver agency in a full-time, part-time, or	97041
temporary position that involves providing home and	97042
community-based services..	97043

"Community-based long-term care ~~agency~~provider" ~~has the same~~	97044
~~meaning~~means a provider as defined in section 173.39 of the	97045
Revised Code.	97046

"Community-based long-term care subcontractor" means a	97047
subcontractor as defined in section 173.38 of the Revised Code.	97048

"Criminal records check" has the same meaning as in section	97049
109.572 of the Revised Code.	97050

"Disqualifying offense" means any of the offenses listed or	97051
described in divisions (A)(3)(a) to (e) of section 109.572 of the	97052
Revised Code.	97053

"Employee" means a person employed by a waiver agency in a	97054
full-time, part-time, or temporary position that involves	97055
providing home and community-based services.	97056

~~"Home and community-based services medicaid waiver component"~~	97057
~~has the same meaning as in section 5111.85 of the Revised Code.~~	97058

"Waiver agency" means a person or government entity that	97059
provides home and community-based services under a home and	97060
community-based services medicaid waiver component administered by	97061
the department of ~~job and family services~~medicaid, other than	97062
such a person or government entity that is certified under the	97063
medicare program. "Waiver agency" does not mean an independent	97064
provider as defined in section ~~5111.034~~5164.341 of the Revised	97065
Code.	97066

(B) This section does not apply to any individual who is	97067
subject to a database review or criminal records check under	97068
section 3701.881 of the Revised Code. If a waiver agency also is a	97069
community-based long-term care ~~agency~~provider or community-based	97070
long-term care subcontractor, the waiver agency may provide for	97071
applicants and employees to undergo database reviews and criminal	97072
records checks in accordance with section ~~173.394~~173.38 of the	97073
Revised Code rather than this section.	97074

(C) No waiver agency shall employ an applicant or continue to	97075
employ an employee in a position that involves providing home and	97076
community-based services if any of the following apply:	97077

(1) A review of the databases listed in division (E) of this	97078
section reveals any of the following:	97079

(a) That the applicant or employee is included in one or more	97080
of the databases listed in divisions (E)(1) to (5) of this	97081
section;	97082

(b) That there is in the state nurse aide registry	97083
established under section 3721.32 of the Revised Code a statement	97084
detailing findings by the director of health that the applicant or	97085
employee neglected or abused a long-term care facility or	97086
residential care facility resident or misappropriated property of	97087
such a resident;	97088

(c) That the applicant or employee is included in one or more	97089
of the databases, if any, specified in rules ~~adopted under~~	97090
authorized by this section and the rules prohibit the waiver	97091
agency from employing an applicant or continuing to employ an	97092
employee included in such a database in a position that involves	97093
providing home and community-based services.	97094

(2) After the applicant or employee is given the information	97095
and notification required by divisions (F)(2)(a) and (b) of this	97096
section, the applicant or employee fails to do either of the	97097
following:	97098

(a) Access, complete, or forward to the superintendent of the	97099
bureau of criminal identification and investigation the form	97100
prescribed to division (C)(1) of section 109.572 of the Revised	97101
Code or the standard impression sheet prescribed pursuant to	97102
division (C)(2) of that section;	97103

(b) Instruct the superintendent to submit the completed	97104
report of the criminal records check required by this section	97105
directly to the chief administrator of the waiver agency.	97106

(3) Except as provided in rules ~~adopted under~~authorized by	97107
this section, the applicant or employee is found by a criminal	97108
records check required by this section to have been convicted of,	97109
or have pleaded guilty to~~, or been found eligible for intervention~~	97110
~~in lieu of conviction for~~ a disqualifying offense, regardless of	97111
the date of the conviction,or date of entry of the guilty plea,	97112
~~or the date the applicant or employee was found eligible for~~	97113
~~intervention in lieu of conviction~~.	97114

(D) At the time of each applicant's initial application for	97115
employment in a position that involves providing home and	97116
community-based services, the chief administrator of a waiver	97117
agency shall inform the applicant of both of the following:	97118

(1) That a review of the databases listed in division (E) of	97119
this section will be conducted to determine whether the waiver	97120
agency is prohibited by division (C)(1) of this section from	97121
employing the applicant in the position;	97122

(2) That, unless the database review reveals that the	97123
applicant may not be employed in the position, a criminal records	97124
check of the applicant will be conducted and the applicant is	97125
required to provide a set of the applicant's fingerprint	97126
impressions as part of the criminal records check.	97127

(E) As a condition of employing any applicant in a position	97128
that involves providing home and community-based services, the	97129
chief administrator of a waiver agency shall conduct a database	97130
review of the applicant in accordance with rules ~~adopted under~~	97131
authorized by this section. If rules ~~adopted under~~authorized by	97132
this section so require, the chief administrator of a waiver	97133
agency shall conduct a database review of an employee in	97134
accordance with the rules as a condition of continuing to employ	97135
the employee in a position that involves providing home and	97136
community-based services. A database review shall determine	97137
whether the applicant or employee is included in any of the	97138
following:	97139

(1) The excluded parties list system that is maintained by	97140
the United States general services administration pursuant to	97141
subpart 9.4 of the federal acquisition regulation and available at	97142
the federal web site known as the system for award management;	97143

(2) The list of excluded individuals and entities maintained	97144
by the office of inspector general in the United States department	97145
of health and human services pursuant to ~~section 1128 of~~ the	97146
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	97147
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	97148
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	97149
~~amended~~;	97150

(3) The registry of MR/DD employees established under section	97151
5123.52 of the Revised Code;	97152

(4) The internet-based sex offender and child-victim offender	97153
database established under division (A)(11) of section 2950.13 of	97154
the Revised Code;	97155

(5) The internet-based database of inmates established under	97156
section 5120.66 of the Revised Code;	97157

(6) The state nurse aide registry established under section	97158
3721.32 of the Revised Code;	97159

(7) Any other database, if any, specified in rules ~~adopted~~	97160
~~under~~authorized by this section.	97161

(F)(1) As a condition of employing any applicant in a	97162
position that involves providing home and community-based	97163
services, the chief administrator of a waiver agency shall require	97164
the applicant to request that the superintendent of the bureau of	97165
criminal identification and investigation conduct a criminal	97166
records check of the applicant. If rules ~~adopted under~~authorized	97167
by this section so require, the chief administrator of a waiver	97168
agency shall require an employee to request that the	97169
superintendent conduct a criminal records check of the employee at	97170
times specified in the rules as a condition of continuing to	97171
employ the employee in a position that involves providing home and	97172
community-based services. However, a criminal records check is not	97173
required for an applicant or employee if the waiver agency is	97174
prohibited by division (C)(1) of this section from employing the	97175
applicant or continuing to employ the employee in a position that	97176
involves providing home and community-based services. If an	97177
applicant or employee for whom a criminal records check request is	97178
required by this section does not present proof of having been a	97179
resident of this state for the five-year period immediately prior	97180
to the date the criminal records check is requested or provide	97181
evidence that within that five-year period the superintendent has	97182
requested information about the applicant or employee from the	97183
federal bureau of investigation in a criminal records check, the	97184
chief administrator shall require the applicant or employee to	97185
request that the superintendent obtain information from the	97186
federal bureau of investigation as part of the criminal records	97187
check. Even if an applicant or employee for whom a criminal	97188
records check request is required by this section presents proof	97189
of having been a resident of this state for the five-year period,	97190
the chief administrator may require the applicant or employee to	97191
request that the superintendent include information from the	97192
federal bureau of investigation in the criminal records check.	97193

(2) The chief administrator shall provide the following to	97194
each applicant and employee for whom a criminal records check is	97195
required by this section:	97196

(a) Information about accessing, completing, and forwarding	97197
to the superintendent of the bureau of criminal identification and	97198
investigation the form prescribed pursuant to division (C)(1) of	97199
section 109.572 of the Revised Code and the standard impression	97200
sheet prescribed pursuant to division (C)(2) of that section;	97201

(b) Written notification that the applicant or employee is to	97202
instruct the superintendent to submit the completed report of the	97203
criminal records check directly to the chief administrator.	97204

(3) A waiver agency shall pay to the bureau of criminal	97205
identification and investigation the fee prescribed pursuant to	97206
division (C)(3) of section 109.572 of the Revised Code for any	97207
criminal records check required by this section. However, a waiver	97208
agency may require an applicant to pay to the bureau the fee for a	97209
criminal records check of the applicant. If the waiver agency pays	97210
the fee for an applicant, it may charge the applicant a fee not	97211
exceeding the amount the waiver agency pays to the bureau under	97212
this section if the waiver agency notifies the applicant at the	97213
time of initial application for employment of the amount of the	97214
fee and that, unless the fee is paid, the applicant will not be	97215
considered for employment.	97216

(G)(1) A waiver agency may employ conditionally an applicant	97217
for whom a criminal records check is required by this section	97218
prior to obtaining the results of the criminal records check if	97219
both of the following apply:	97220

(a) The waiver agency is not prohibited by division (C)(1) of	97221
this section from employing the applicant in a position that	97222
involves providing home and community-based services.	97223

(b) The chief administrator of the waiver agency requires the	97224
applicant to request a criminal records check regarding the	97225
applicant in accordance with division (F)(1) of this section not	97226
later than five business days after the applicant begins	97227
conditional employment.	97228

(2) A waiver agency that employs an applicant conditionally	97229
under division (G)(1) of this section shall terminate the	97230
applicant's employment if the results of the criminal records	97231
check, other than the results of any request for information from	97232
the federal bureau of investigation, are not obtained within the	97233
period ending sixty days after the date the request for the	97234
criminal records check is made. Regardless of when the results of	97235
the criminal records check are obtained, if the results indicate	97236
that the applicant has been convicted of,or has pleaded guilty	97237
to~~, or has been found eligible for intervention in lieu of~~	97238
~~conviction for~~ a disqualifying offense, the waiver agency shall	97239
terminate the applicant's employment unless circumstances	97240
specified in rules ~~adopted under~~authorized by this section exist	97241
that permit the waiver agency to employ the applicant and the	97242
waiver agency chooses to employ the applicant.	97243

(H) The report of any criminal records check conducted	97244
pursuant to a request made under this section is not a public	97245
record for the purposes of section 149.43 of the Revised Code and	97246
shall not be made available to any person other than the	97247
following:	97248

(1) The applicant or employee who is the subject of the	97249
criminal records check or the representative of the applicant or	97250
employee;	97251

(2) The chief administrator of the waiver agency that	97252
requires the applicant or employee to request the criminal records	97253
check or the administrator's representative;	97254

(3) The medicaid director ~~of job and family services~~ and the	97255
staff of the department who are involved in the administration of	97256
the medicaid program;	97257

(4) The director of aging or the director's designee if the	97258
waiver agency also is a community-based long-term care ~~agency~~	97259
provider or community-based long-term care subcontractor;	97260

(5) An individual receiving or deciding whether to receive	97261
home and community-based services from the subject of the criminal	97262
records check;	97263

(6) A court, hearing officer, or other necessary individual	97264
involved in a case dealing with any of the following:	97265

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

97266

(b) Employment or unemployment benefits of the applicant or	97267
employee;	97268

(c) A civil or criminal action regarding the medicaid	97269
program.	97270

(I) The medicaid director ~~of job and family services~~ shall	97271
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	97272
of the Revised Code to implement this section.	97273

(1) The rules may do the following:

97274

(a) Require employees to undergo database reviews and	97275
criminal records checks under this section;	97276

(b) If the rules require employees to undergo database	97277
reviews and criminal records checks under this section, exempt one	97278
or more classes of employees from the requirements;	97279

(c) For the purpose of division (E)(7) of this section,	97280
specify other databases that are to be checked as part of a	97281
database review conducted under this section.	97282

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

97283

(a) The procedures for conducting a database review under	97284
this section;	97285

(b) If the rules require employees to undergo database	97286
reviews and criminal records checks under this section, the times	97287
at which the database reviews and criminal records checks are to	97288
be conducted;	97289

(c) If the rules specify other databases to be checked as	97290
part of a database review, the circumstances under which a waiver	97291
agency is prohibited from employing an applicant or continuing to	97292
employ an employee who is found by the database review to be	97293
included in one or more of those databases;	97294

(d) The circumstances under which a waiver agency may employ	97295
an applicant or employee who is found by a criminal records check	97296
required by this section to have been convicted of,or have	97297
pleaded guilty to~~, or been found eligible for intervention in lieu~~	97298
~~of conviction for~~ a disqualifying offense.	97299

(J) The amendments made by H.B. 487 of the 129th general	97300
assembly to this section do not preclude the department of ~~job~~	97301
~~and family services~~medicaid from taking action against a person	97302
for failure to comply with former division (H) of this section as	97303
that division existed on the day preceding ~~the effective date of~~	97304
~~this amendment~~January 1, 2013.	97305

~~Sec. 5111.03.~~ Sec. 5164.35. (A) As used in this section, "owner"	97306
means any person having at least five per cent ownership in a	97307
medicaid provider.	97308

(B)(1) No medicaid provider ~~of services or goods contracting~~	97309
~~with the department of job and family services pursuant to the~~	97310
~~medicaid program~~ shall~~, by~~do any of the following:	97311

(a) By deception, obtain or attempt to obtain payments under	97312
~~this chapter~~the medicaid program to which the provider is not	97313
entitled pursuant to the provider's provider agreement, or the	97314
rules of the federal government or the ~~department of job and~~	97315
~~family services~~medicaid director relating to the program~~. No~~	97316
~~provider shall willfully~~;	97317

(b) Willfully receive payments to which the provider is not	97318
entitled~~, or willfully~~;	97319

(c) Willfully receive payments in a greater amount than that	97320
to which the provider is entitled; ~~nor shall any provider falsify~~	97321

(d) Falsify any report or document required by state or	97322
federal law, rule, or provider agreement relating to medicaid	97323
payments. ~~As used in this section, a~~	97324

(2) A medicaid provider engages in "deception" for the	97325
purpose of this section when the provider, acting with actual	97326
knowledge of the representation or information involved, acting in	97327
deliberate ignorance of the truth or falsity of the representation	97328
or information involved, or acting in reckless disregard of the	97329
truth or falsity of the representation or information involved,	97330
deceives another or causes another to be deceived by any false or	97331
misleading representation, by withholding information, by	97332
preventing another from acquiring information, or by any other	97333
conduct, act, or omission that creates, confirms, or perpetuates a	97334
false impression in another, including a false impression as to	97335
law, value, state of mind, or other objective or subjective fact.	97336
No proof of specific intent to defraud is required to show, for	97337
purposes of this section, that a medicaid provider has engaged in	97338
deception.	97339

~~(B)~~(C) Any medicaid provider who violates division ~~(A)~~(B) of	97340
this section shall be liable, in addition to any other penalties	97341
provided by law, for all of the following civil penalties:	97342

(1) Payment of interest on the amount of the excess payments	97343
at the maximum interest rate allowable for real estate mortgages	97344
under section 1343.01 of the Revised Code on the date the payment	97345
was made to the provider for the period from the date upon which	97346
payment was made, to the date upon which repayment is made to the	97347
state;	97348

(2) Payment of an amount equal to three times the amount of	97349
any excess payments;	97350

(3) Payment of a sum of not less than five thousand dollars	97351
and not more than ten thousand dollars for each deceptive claim or	97352
falsification;	97353

(4) All reasonable expenses which the court determines have	97354
been necessarily incurred by the state in the enforcement of this	97355
section.	97356

~~(C) As used in this division, "intermediate care facility for~~	97357
~~the mentally retarded" and "nursing facility" have the same~~	97358
~~meanings given in section 5111.20 of the Revised Code.~~	97359

(D) In addition to the civil penalties provided in division	97360
~~(B)~~(C) of this section, the medicaid director ~~of job and family~~	97361
~~services~~, upon the conviction of, or the entry of a judgment in	97362
either a criminal or civil action against, a medicaid provider or	97363
its owner, officer, authorized agent, associate, manager, or	97364
employee in an action brought pursuant to section 109.85 of the	97365
Revised Code, shall terminate the provider's provider agreement	97366
~~between the department and the provider~~ and stop ~~reimbursement~~	97367
payment to the provider for medicaid services rendered from the	97368
date of conviction or entry of judgment. ~~As used in this division,~~	97369
~~"owner" means any person having at least five per cent ownership~~	97370
~~in the medicaid provider.~~ No such medicaid provider, owner,	97371
officer, authorized agent, associate, manager, or employee shall	97372
own or provide medicaid services to any other medicaid provider or	97373
risk contractor or arrange for, render, or order medicaid services	97374
for medicaid recipients, nor shall such provider, owner, officer,	97375
authorized agent, associate, manager, or employee receive	97376
~~reimbursement in the form of~~ direct payments ~~from the department~~	97377
under the medicaid program or indirect payments of medicaid funds	97378
in the form of salary, shared fees, contracts, kickbacks, or	97379
rebates from or through any ~~participating~~other medicaid provider	97380
or risk contractor. The provider agreement shall not be terminated	97381
~~or reimbursement~~, and payment shall not be terminated, if the	97382
medicaid provider or owner can demonstrate that the provider or	97383
owner did not directly or indirectly sanction the action of its	97384
authorized agent, associate, manager, or employee that resulted in	97385
the conviction or entry of a judgment in a criminal or civil	97386
action brought pursuant to section 109.85 of the Revised Code.	97387
Nothing in this division prohibits any owner, officer, authorized	97388
agent, associate, manager, or employee of a medicaid provider from	97389
entering into a ~~medicaid~~ provider agreement if the person can	97390
demonstrate that the person had no knowledge of an action of the	97391
medicaid provider the person was formerly associated with that	97392
resulted in the conviction or entry of a judgment in a criminal or	97393
civil action brought pursuant to section 109.85 of the Revised	97394
Code.	97395

Nursing facility ~~or intermediate care facility for the~~	97396
~~mentally retarded~~and ICF/MR providers whose provider agreements	97397
are terminated pursuant to this section may continue to receive	97398
~~reimbursement~~medicaid payments for up to thirty days after the	97399
effective date of the termination if the provider makes reasonable	97400
efforts to transfer medicaid recipients to another facility or to	97401
alternate care and if federal ~~funds are~~financial participation is	97402
provided for ~~such reimbursement~~the payments.	97403

~~(D) For any reason permitted or required by federal law, the~~	97404
~~director of job and family services may deny a provider agreement~~	97405
~~or terminate a provider agreement.~~	97406

~~For any reason permitted or required by federal law, the~~	97407
~~director may exclude an individual, provider of services or goods,~~	97408
~~or other entity from participation in the medicaid program. No~~	97409
~~individual, provider, or entity excluded under this division shall~~	97410
~~own or provide services to any other medicaid provider or risk~~	97411
~~contractor or arrange for, render, or order services for medicaid~~	97412
~~recipients during the period of exclusion, nor, during the period~~	97413
~~of exclusion, shall such individual, provider, or entity receive~~	97414
~~reimbursement in the form of direct payments from the department~~	97415
~~or indirect payments of medicaid funds in the form of salary,~~	97416
~~shared fees, contracts, kickbacks, or rebates from or through any~~	97417
~~participating provider or risk contractor. An excluded individual,~~	97418
~~provider, or entity may request a reconsideration of the~~	97419
~~exclusion. The director shall adopt rules in accordance with~~	97420
~~Chapter 119. of the Revised Code governing the process for~~	97421
~~requesting a reconsideration.~~	97422

~~Nothing in this division limits the applicability of section~~	97423
~~5111.06 of the Revised Code to a medicaid provider.~~	97424

~~(E) Any provider of services or goods contracting with the~~	97425
~~department of job and family services pursuant to Title XIX of the~~	97426
~~"Social Security Act," who, without intent, obtains payments under~~	97427
~~this chapter in excess of the amount to which the provider is~~	97428
~~entitled, thereby becomes liable for payment of interest on the~~	97429
~~amount of the excess payments at the maximum real estate mortgage~~	97430
~~rate on the date the payment was made to the provider for the~~	97431
~~period from the date upon which payment was made to the date upon~~	97432
~~which repayment is made to the state.~~	97433

~~(F)~~(E) The attorney general on behalf of the state may	97434
commence proceedings to enforce this section in any court of	97435
competent jurisdiction; and the attorney general may settle or	97436
compromise any case brought under this section with the approval	97437
of the department of ~~job and family services~~medicaid.	97438
Notwithstanding any other provision of law providing a shorter	97439
period of limitations, the attorney general may commence a	97440
proceeding to enforce this section at any time within six years	97441
after the conduct in violation of this section terminates.	97442

~~(G) The authority, under state and federal law, of the~~	97443
~~department of job and family services or a county department of~~	97444
~~job and family services to recover excess payments made to a~~	97445
~~provider is not limited by the availability of remedies under~~	97446
~~sections 5111.11 and 5111.12 of the Revised Code for recovering~~	97447
~~benefits paid on behalf of recipients of medical assistance.~~	97448

~~The penalties under this chapter apply to any overpayment,~~	97449
~~billing, or falsification occurring on and after April 24, 1978.~~	97450
(F) All moneys collected by the state pursuant to this section	97451
shall be deposited in the state treasury to the credit of the	97452
general revenue fund.	97453

~~Sec. 5111.035.~~ Sec. 5164.36. (A) As used in this section:

97454

(1) "~~Creditable~~Credible allegation of fraud" has the same	97455
meaning as in 42 C.F.R. 455.2, except that for purposes of this	97456
section any reference in that regulation to the "state" or the	97457
"state medicaid agency" means the department of ~~job and family~~	97458
~~services~~medicaid.	97459

(2) ~~"Provider" has the same meaning as in section 5111.032 of~~	97460
~~the Revised Code.~~	97461

~~(3)~~ "Owner" has the same meaning as in section ~~5111.031~~	97462
5164.37 of the Revised Code.	97463

(B)(1) Except as provided in division (C) of this section and	97464
in rules ~~adopted~~authorized by ~~the department of job and family~~	97465
~~services under division (J) of~~ this section, on determining there	97466
is a ~~creditable~~credible allegation of fraud for which an	97467
investigation is pending under the medicaid program against a	97468
medicaid provider, the department of medicaid shall suspend the	97469
provider agreement held by the provider. Subject to division (C)	97470
of this section, the department shall also terminate medicaid	97471
~~reimbursement~~payments to the provider for services rendered.	97472

(2)(a) The suspension shall continue in effect until either	97473
of the following is the case:	97474

(i) The department or a prosecuting authority determines that	97475
there is insufficient evidence of fraud by the medicaid provider;	97476

(ii) The proceedings in any related criminal case are	97477
completed through dismissal of the indictment or through	97478
conviction, entry of a guilty plea, or finding of not guilty.	97479

(b) If the department commences a process to terminate the	97480
suspended provider agreement, the suspension shall also continue	97481
in effect until the termination process is concluded.	97482

(3) ~~Pursuant to section 5111.06 of the Revised Code, the~~	97483
~~department is not required to take action under division (B)(1) of~~	97484
~~this section by issuing an order pursuant to an adjudication in~~	97485
~~accordance with Chapter 119. of the Revised Code.~~	97486

~~(4)~~ When subject to a suspension under this section, a	97487
medicaid provider, owner, officer, authorized agent, associate,	97488
manager, or employee shall not own or provide services to any	97489
other medicaid provider or risk contractor or arrange for, render,	97490
or order services to any other medicaid provider or risk	97491
contractor or arrange for, render, or order services for medicaid	97492
recipients during the period of suspension. During the period of	97493
suspension, the provider, owner, officer, authorized agent,	97494
associate, manager, or employee shall not receive ~~reimbursement in~~	97495
~~the form of~~ direct payments ~~from the department~~under the medicaid	97496
program or indirect payments of medicaid funds in the form of	97497
salary, shared fees, contracts, kickbacks, or rebates from or	97498
through any ~~participating~~other medicaid provider or risk	97499
contractor.	97500

(C) The department shall not suspend a provider agreement or	97501
terminate medicaid ~~reimbursement~~payments under division (B) of	97502
this section if the medicaid provider or owner can demonstrate	97503
through the submission of written evidence that the provider or	97504
owner did not directly or indirectly sanction the action of its	97505
authorized agent, associate, manager, or employee that resulted in	97506
the ~~creditable~~credible allegation of fraud.	97507

(D) The termination of medicaid ~~reimbursement~~payment under	97508
division (B) of this section applies only to payments for medicaid	97509
services rendered subsequent to the date on which the notice	97510
required by division (E) of this section is sent. Claims for	97511
~~reimbursement~~payment of medicaid services rendered by the	97512
medicaid provider prior to the issuance of the notice may be	97513
subject to prepayment review procedures whereby the department	97514
reviews claims to determine whether they are supported by	97515
sufficient documentation, are in compliance with state and federal	97516
statutes and rules, and are otherwise complete.	97517

(E) After suspending a provider agreement under division (B)	97518
of this section, the department shall, as specified in 42 C.F.R.	97519
455.23(b), send notice of the suspension to the affected medicaid	97520
provider or owner in accordance with the following timeframes:	97521

(1) Not later than five days after the suspension, unless a	97522
law enforcement agency makes a written request to temporarily	97523
delay the notice;	97524

(2) If a law enforcement agency makes a written request to	97525
temporarily delay the notice, not later than thirty days after the	97526
suspension occurs subject to the conditions specified in division	97527
(F) of this section.	97528

(F) A written request for a temporary delay described in	97529
division (E)(2) of this section may be renewed in writing by a law	97530
enforcement agency not more than two times except that under no	97531
circumstances shall the notice be issued more than ninety days	97532
after the suspension occurs.	97533

(G) The notice required by division (E) of this section shall	97534
do all of the following:	97535

(1) State that payments are being suspended in accordance	97536
with this section and 42 C.F.R. 455.23;	97537

(2) Set forth the general allegations related to the nature	97538
of the conduct leading to the suspension, except that it is not	97539
necessary to disclose any specific information concerning an	97540
ongoing investigation;	97541

(3) State that the suspension continues to be in effect until	97542
either of the following is the case:	97543

(a) The department or a prosecuting authority determines that	97544
there is insufficient evidence of fraud by the provider;	97545

(b) The proceedings in any related criminal case are	97546
completed through dismissal of the indictment or through	97547
conviction, entry of a guilty plea, or finding of not guilty and,	97548
if the department commences a process to terminate the suspended	97549
provider agreement, until the termination process is concluded.	97550

(4) Specify, if applicable, the type or types of medicaid	97551
claims or business units of the medicaid provider that are	97552
affected by the suspension;	97553

(5) Inform the medicaid provider or owner of the opportunity	97554
to submit to the department, not later than thirty days after	97555
receiving the notice, a request for reconsideration of the	97556
suspension in accordance with division (H) of this section.	97557

(H)(1) Pursuant to the procedure specified in division (H)(2)	97558
of this section, a medicaid provider or owner subject to a	97559
suspension under this section may request a reconsideration of the	97560
suspension. The request shall be made not later than thirty days	97561
after receipt of a notice required by division (E) of this	97562
section. The reconsideration is not subject to an adjudication	97563
hearing pursuant to Chapter 119. of the Revised Code.	97564

(2) In requesting a reconsideration, the medicaid provider or	97565
owner shall submit written information and documents to the	97566
department. The information and documents may pertain to any of	97567
the following issues:	97568

(a) Whether the determination to suspend the provider	97569
agreement was based on a mistake of fact, other than the validity	97570
of an indictment in a related criminal case.	97571

(b) If there has been an indictment in a related criminal	97572
case, whether any offense charged in the indictment resulted from	97573
an offense specified in division (E) of section ~~5111.031~~5164.37	97574
of the Revised Code.	97575

(c) Whether the provider or owner can demonstrate that the	97576
provider or owner did not directly or indirectly sanction the	97577
action of its authorized agent, associate, manager, or employee	97578
that resulted in the suspension under this section or an	97579
indictment in a related criminal case.	97580

(I) The department shall review the information and documents	97581
submitted in a request made under division (H) of this section for	97582
reconsideration of a suspension. After the review, the suspension	97583
may be affirmed, reversed, or modified, in whole or in part. The	97584
department shall notify the affected provider or owner of the	97585
results of the review. The review and notification of its results	97586
shall be completed not later than forty-five days after receiving	97587
the information and documents submitted in a request for	97588
reconsideration.	97589

(J) ~~The department may adopt rules in accordance with Chapter~~	97590
~~119. of the Revised Code to implement this section. The rules~~	97591
Rules adopted under section 5164.02 of the Revised Code may	97592
specify circumstances under which the department would not suspend	97593
a provider agreement pursuant to this section.	97594

~~Sec. 5111.031.~~ Sec. 5164.37. (A) As used in this section:

97595

(1) "Independent provider" has the same meaning as in section	97596
~~5111.034~~5164.341 of the Revised Code.	97597

(2) ~~"Intermediate care facility for the mentally retarded"~~	97598
~~and "nursing facility" have the same meanings as in section~~	97599
~~5111.20 of the Revised Code.~~	97600

~~(3)~~ "Noninstitutional medicaid provider" means any person or	97601
entity with a ~~medicaid~~ provider agreement other than a hospital,	97602
nursing facility, or ~~intermediate care facility for the mentally~~	97603
~~retarded~~ICF/MR.	97604

~~(4)~~(3) "Owner" means any person having at least five per cent	97605
ownership in a noninstitutional medicaid provider.	97606

(B) Notwithstanding any provision of this chapter to the	97607
contrary, the department of ~~job and family services~~medicaid shall	97608
take action under this section against a noninstitutional medicaid	97609
provider or its owner, officer, authorized agent, associate,	97610
manager, or employee.	97611

(C) Except as provided in division (D) of this section and in	97612
rules ~~adopted~~authorized by ~~the department under division (H) of~~	97613
this section, on receiving notice and a copy of an indictment that	97614
is issued on or after September 29, 2007, and charges a	97615
noninstitutional medicaid provider or its owner, officer,	97616
authorized agent, associate, manager, or employee with committing	97617
an offense specified in division (E) of this section, the	97618
department shall suspend the provider agreement held by the	97619
noninstitutional medicaid provider. Subject to division (D) of	97620
this section, the department shall also terminate medicaid	97621
~~reimbursement~~payments to the provider for medicaid services	97622
rendered.	97623

The suspension shall continue in effect until the proceedings	97624
in the criminal case are completed through dismissal of the	97625
indictment or through conviction, entry of a guilty plea, or	97626
finding of not guilty. If the department commences a process to	97627
terminate the suspended provider agreement, the suspension shall	97628
also continue in effect until the termination process is	97629
concluded.	97630

~~Pursuant to section 5111.06 of the Revised Code, the~~	97631
~~department is not required to take action under this division by~~	97632
~~issuing an order pursuant to an adjudication conducted in~~	97633
~~accordance with Chapter 119. of the Revised Code.~~	97634

When subject to a suspension under this division, a provider,	97635
owner, officer, authorized agent, associate, manager, or employee	97636
shall not own or provide medicaid services to any other medicaid	97637
provider or risk contractor or arrange for, render, or order	97638
medicaid services for medicaid recipients during the period of	97639
suspension. During the period of suspension, the provider, owner,	97640
officer, authorized agent, associate, manager, or employee shall	97641
not receive ~~reimbursement in the form of~~ direct payments ~~from~~	97642
under the ~~department~~medicaid program or indirect payments of	97643
medicaid funds in the form of salary, shared fees, contracts,	97644
kickbacks, or rebates from or through any ~~participating~~other	97645
medicaid provider or risk contractor.	97646

(D)(1) The department shall not suspend a provider agreement	97647
or terminate medicaid ~~reimbursement~~payments under division (C) of	97648
this section if the provider or owner can demonstrate through the	97649
submission of written evidence that the provider or owner did not	97650
directly or indirectly sanction the action of its authorized	97651
agent, associate, manager, or employee that resulted in the	97652
indictment.	97653

(2) The termination of medicaid ~~reimbursement~~payments	97654
applies only to payments for medicaid services rendered subsequent	97655
to the date on which the notice required under division (F) of	97656
this section is sent. Claims for ~~reimbursement~~payment for	97657
medicaid services rendered by the provider prior to the issuance	97658
of the notice may be subject to prepayment review procedures	97659
whereby the department reviews claims to determine whether they	97660
are supported by sufficient documentation, are in compliance with	97661
state and federal statutes and rules, and are otherwise complete.	97662

(E)(1) In the case of a noninstitutional medicaid provider	97663
that is not an independent provider, the suspension of a provider	97664
agreement under division (C) of this section applies when an	97665
indictment charges a person with committing an act that would be a	97666
felony or misdemeanor under the laws of this state and the act	97667
relates to or results from either of the following:	97668

(a) Furnishing or billing for ~~medical care,~~medicaid	97669
services~~, or supplies~~ under the medicaid program;	97670

(b) Participating in the performance of management or	97671
administrative services relating to furnishing ~~medical care,~~	97672
medicaid services~~, or supplies~~ under the medicaid program.	97673

(2) In the case of a noninstitutional medicaid provider that	97674
is an independent provider, the suspension of a provider agreement	97675
under division (C) of this section applies when an indictment	97676
charges a person with committing an act that would constitute a	97677
disqualifying offense as defined in section ~~5111.032~~5164.34 of	97678
the Revised Code.	97679

(F) Not later than five days after suspending a provider	97680
agreement under division (C) of this section, the department shall	97681
send notice of the suspension to the affected provider or owner.	97682
In providing the notice, the department shall do all of the	97683
following:	97684

(1) Describe the indictment that was the cause of the	97685
suspension, without necessarily disclosing specific information	97686
concerning any ongoing civil or criminal investigation;	97687

(2) State that the suspension will continue in effect until	97688
the proceedings in the criminal case are completed through	97689
dismissal of the indictment or through conviction, entry of a	97690
guilty plea, or finding of not guilty and, if the department	97691
commences a process to terminate the suspended provider agreement,	97692
until the termination process is concluded;	97693

(3) Inform the provider or owner of the opportunity to submit	97694
to the department, not later than thirty days after receiving the	97695
notice, a request for a reconsideration pursuant to division (G)	97696
of this section.	97697

(G)(1) Pursuant to the procedure specified in division (G)(2)	97698
of this section, a noninstitutional medicaid provider or owner	97699
subject to a suspension under this section may request a	97700
reconsideration. The request shall be made not later than thirty	97701
days after receipt of the notice provided under division (F) of	97702
this section. The reconsideration is not subject to an	97703
adjudication hearing pursuant to Chapter 119. of the Revised Code.	97704

(2) In requesting a reconsideration, the provider or owner	97705
shall submit written information and documents to the department.	97706
The information and documents may pertain to any of the following	97707
issues:	97708

(a) Whether the determination to suspend the provider	97709
agreement was based on a mistake of fact, other than the validity	97710
of the indictment;	97711

(b) Whether any offense charged in the indictment resulted	97712
from an offense specified in division (E) of this section;	97713

(c) Whether the provider or owner can demonstrate that the	97714
provider or owner did not directly or indirectly sanction the	97715
action of its authorized agent, associate, manager, or employee	97716
that resulted in the indictment.	97717

(3) The department shall review the information and documents	97718
submitted in a request for reconsideration. After the review, the	97719
suspension may be affirmed, reversed, or modified, in whole or in	97720
part. The department shall notify the affected provider or owner	97721
of the results of the review. The review and notification of its	97722
results shall be completed not later than forty-five days after	97723
receiving the information and documents submitted in a request for	97724
reconsideration.	97725

(H) ~~The department may adopt rules in accordance with Chapter~~	97726
~~119. of the Revised Code to implement this section. The rules~~	97727
Rules adopted under section 5164.02 of the Revised Code may	97728
specify circumstances under which the department would not suspend	97729
a provider agreement pursuant to this section.	97730

~~Sec. 5111.06.~~ Sec. 5164.38. (A)~~(1)~~ As used in this section ~~and in~~	97731
~~sections 5111.061 and 5111.063 of the Revised Code~~:	97732

~~(a) "Provider" means any person, institution, or entity that~~	97733
~~furnishes medicaid services under a provider agreement with the~~	97734
~~department of job and family services pursuant to Title XIX of the~~	97735
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	97736
~~amended.~~	97737

~~(b) "Party" has the same meaning as in division (G) of~~	97738
~~section 119.01 of the Revised Code.~~	97739

~~(c)~~(1) "Adjudication" has the same meaning as in division (D)	97740
of section 119.01 of the Revised Code.	97741

(2) "Party" has the same meaning as in division (G) of	97742
section 119.01 of the Revised Code.	97743

(3) "Revalidate" means to approve a medicaid provider's	97744
continued enrollment as a medicaid provider in accordance with the	97745
revalidation process established in rules authorized by section	97746
5164.32 of the Revised Code.	97747

(B) This section does not apply to either of the following:

97748

~~(a)~~(1) Any action taken or decision made by the department of	97749
~~job and family services~~medicaid with respect to entering into or	97750
refusing to enter into a contract with a managed care organization	97751
pursuant to section ~~5111.17~~5167.10 of the Revised Code;	97752

~~(b)~~(2) Any action taken by the department under sections	97753
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	97754

~~(B)~~(C) Except as provided in division ~~(D)~~(E) of this section	97755
and section ~~5111.914~~5164.58 of the Revised Code, the department	97756
shall do ~~either~~any of the following by issuing an order pursuant	97757
to an adjudication conducted in accordance with Chapter 119. of	97758
the Revised Code:	97759

(1) Enter into or refuse to enter into a provider agreement	97760
with a medicaid provider~~, or suspend,~~;	97761

(2) Revalidate or refuse to revalidate a medicaid provider's	97762
provider agreement;	97763

(3) Suspend or terminate~~, renew, or refuse to renew an~~	97764
~~existing~~a medicaid provider's provider agreement ~~with a provider~~;	97765

~~(2)~~(4) Take any action based upon a final fiscal audit of a	97766
medicaid provider.	97767

~~(C)~~(D) Any party who is adversely affected by the issuance of	97768
an adjudication order under division ~~(B)~~(C) of this section may	97769
appeal to the court of common pleas of Franklin county in	97770
accordance with section 119.12 of the Revised Code.	97771

~~(D)~~(E) The department is not required to comply with division	97772
~~(B)~~(C)(1), (2), or (3) of this section whenever any of the	97773
following occur:	97774

(1) The terms of a provider agreement require the medicaid	97775
provider to hold a license, permit, or certificate or maintain a	97776
certification issued by an official, board, commission,	97777
department, division, bureau, or other agency of state or federal	97778
government other than the department of ~~job and family services~~	97779
medicaid, and the license, permit, certificate, or certification	97780
has been denied, revoked, not renewed, suspended, or otherwise	97781
limited.	97782

(2) The terms of a provider agreement require the medicaid	97783
provider to hold a license, permit, or certificate or maintain	97784
certification issued by an official, board, commission,	97785
department, division, bureau, or other agency of state or federal	97786
government other than the department of ~~job and family services~~	97787
medicaid, and the provider has not obtained the license, permit,	97788
certificate, or certification.	97789

(3) The medicaid provider's application for a provider	97790
agreement is denied, or the provider's provider agreement is	97791
terminated, or not ~~renewed due~~revalidated, because of or	97792
pursuant to ~~the~~any of the following:	97793

(a) The termination, refusal to renew, or denial of a	97794
license, permit, certificate, or certification by an official,	97795
board, commission, department, division, bureau, or other agency	97796
of this state other than the department of ~~job and family services~~	97797
medicaid, notwithstanding the fact that the provider may hold a	97798
license, permit, certificate, or certification from an official,	97799
board, commission, department, division, bureau, or other agency	97800
of another state.	97801

~~(4) The provider agreement is denied, terminated, or not~~	97802
~~renewed pursuant to division (C)~~;	97803

(b) Division (D) or ~~(F)~~(E) of section ~~5111.03~~5164.35 of the	97804
Revised Code.	97805

~~(5) The provider agreement is denied, terminated, or not~~	97806
~~renewed due to the~~;	97807

(c) The provider's termination, suspension, or exclusion from	97808
the medicare program ~~established under Title XVIII of the "Social~~	97809
~~Security Act"~~ or from another state's medicaid program and, in	97810
either case, the termination, suspension, or exclusion is binding	97811
on the provider's participation in the medicaid program in this	97812
state.	97813

~~(6) The provider agreement is denied, terminated, or not~~	97814
~~renewed due to the~~;	97815

(d) The provider's pleading guilty to or being convicted of a	97816
criminal activity materially related to either the medicare or	97817
medicaid program;	97818

(e) The provider or its owner, officer, authorized agent,	97819
associate, manager, or employee having been convicted of one of	97820
the offenses that caused the provider's provider agreement to be	97821
suspended pursuant to section 5164.36 of the Revised Code;	97822

(f) The provider's failure to provide the department the	97823
national provider identifier assigned the provider by the national	97824
provider system pursuant to 45 C.F.R. 162.408.	97825

~~(7)~~(4) The medicaid provider's application for a provider	97826
agreement is denied, or the provider's provider agreement is	97827
terminated, or suspended, as a result of action by the United	97828
States department of health and human services and that action is	97829
binding on the provider's medicaid participation ~~in the medicaid~~	97830
~~program~~.	97831

~~(8)~~(5) Pursuant to either section ~~5111.031~~5164.36 or	97832
~~5111.035~~5164.37 of the Revised Code, the medicaid provider's	97833
provider agreement is suspended and payments to the provider are	97834
suspended pending indictment of the provider.	97835

~~(9) The provider agreement is denied, terminated, or not~~	97836
~~renewed because the provider or its owner, officer, authorized~~	97837
~~agent, associate, manager, or employee has been convicted of one~~	97838
~~of the offenses that caused the provider agreement to be suspended~~	97839
~~pursuant to section 5111.031 of the Revised Code.~~	97840

~~(10)~~(6) The medicaid provider's application for a provider	97841
agreement is denied because the provider's application was not	97842
complete;	97843

(7) The medicaid provider's provider agreement is converted	97844
under section ~~5111.028~~5164.32 of the Revised Code from a	97845
provider agreement that is not time-limited to a provider	97846
agreement that is time-limited.	97847

~~(11) The provider agreement is terminated or an application~~	97848
~~for re-enrollment is denied because the provider has failed to~~	97849
~~apply for re-enrollment within the time or in the manner specified~~	97850
~~for re-enrollment~~(8) Unless the medicaid provider is a nursing	97851
facility or ICF/MR, the provider's provider agreement is not	97852
revalidated pursuant to division (B)(1) of section ~~5111.028~~	97853
5164.32 of the Revised Code.	97854

~~(12)~~(9) The medicaid provider's provider agreement is	97855
suspended or, terminated, or ~~an application for enrollment or~~	97856
~~re-enrollment is denied, for any~~not revalidated because of either	97857
of the following:	97858

(a) Any reason authorized or required by one or more of the	97859
following: 42 C.F.R. 455.106, 455.23, 455.416, 455.434, or	97860
455.450.	97861

~~(13) The provider agreement is terminated or not renewed~~	97862
~~because the~~;	97863

(b) The provider has not billed or otherwise submitted a	97864
medicaid claim ~~to the department~~ for two years or longer.	97865

~~(14) The provider agreement is denied, terminated, or not~~	97866
~~renewed because the provider fails to provide to the department~~	97867
~~the national provider identifier assigned the provider by the~~	97868
~~national provider system pursuant to 45 C.F.R. 162.408.~~	97869

(F) In the case of a medicaid provider described in division	97870
~~(D)(13)~~(E)(3)(f), (6), (7), or ~~(14)~~(9)(b) of this section, the	97871
department may take its ~~proposed~~ action ~~against a provider~~	97872
~~agreement~~ by sending a notice explaining the ~~proposed~~ action to	97873
the provider. The notice shall be sent to the medicaid provider's	97874
address on record with the department. The notice may be sent by	97875
regular mail.	97876

~~(E)~~(G) The department may withhold payments for medicaid	97877
services rendered by a medicaid provider ~~under the medicaid~~	97878
~~program~~ during the pendency of proceedings initiated under	97879
division ~~(B)~~(C)(1), (2), or (3) of this section. If the	97880
proceedings are initiated under division ~~(B)(2)~~(C)(4) of this	97881
section, the department may withhold payments only to the extent	97882
that they equal amounts determined in a final fiscal audit as	97883
being due the state. This division does not apply if the	97884
department fails to comply with section 119.07 of the Revised	97885
Code, requests a continuance of the hearing, or does not issue a	97886
decision within thirty days after the hearing is completed. This	97887
division does not apply to nursing facilities and ~~intermediate~~	97888
~~care facilities for the mentally retarded as defined in section~~	97889
~~5111.20 of the Revised Code~~ICFs/MR.	97890

~~Sec. 5111.062.~~ Sec. 5164.39. In any action taken by the department	97891
of ~~job and family services~~medicaid under section ~~5111.06~~5164.38	97892
or ~~5111.061~~5164.57 of the Revised Code or any other ~~provision of~~	97893
~~this chapter~~state statute governing the medicaid program that	97894
requires the department to give notice of an opportunity for a	97895
hearing in accordance with Chapter 119. of the Revised Code, if	97896
the department gives notice of the opportunity for a hearing but	97897
the medicaid provider or other entity subject to the notice does	97898
not request a hearing or timely request a hearing in accordance	97899
with section 119.07 of the Revised Code, the department is not	97900
required to hold a hearing. The medicaid director ~~of job and~~	97901
~~family service~~ may proceed by issuing a final adjudication order	97902
in accordance with Chapter 119. of the Revised Code.	97903

~~Sec. 5111.05.~~ Sec. 5164.45. (A) The department of ~~job and family~~	97904
~~services~~medicaid may contract with any person or persons as a	97905
fiscal agent for the examination, processing, and determination of	97906
~~medical assistance~~medicaid claims ~~under this chapter~~. The	97907
contracting party may provide any of the following services, as	97908
required by the contract:	97909

(1) Design and operate medicaid management information	97910
systems, including the provision of data processing services;	97911

(2) Determine the amounts of payments to be made upon claims	97912
for ~~medical assistance~~medicaid;	97913

(3) Prepare and furnish to the department lists and computer	97914
tapes of such claims for payment;	97915

(4) In addition to audits which may be conducted by the	97916
department and by the auditor of state, make audits of providers	97917
and the claims of medicaid providers ~~of medical assistance~~	97918
according to the standards set forth in the contract;	97919

(5) Assist medicaid providers ~~of medical assistance~~ in the	97920
development of procedures relating to utilization practices, make	97921
studies of the effectiveness of such procedures and methods for	97922
their improvement, implement and enforce standards of medical	97923
policy, and assist in the application of safeguards against	97924
unnecessary utilization;	97925

(6) Assist any institution, facility, or agency to qualify as	97926
a medicaid provider ~~of medical assistance~~;	97927

(7) Establish and maintain fiscal records for the ~~medical~~	97928
~~assistance~~medicaid program;	97929

(8) Perform statistical and research studies;

97930

(9) Develop and implement programs for ~~medical assistance~~	97931
medicaid cost containment;	97932

(10) Perform such other duties as are necessary to carry out	97933
the ~~medical assistance~~medicaid program.	97934

(B) The department ~~of job and family services~~ may contract	97935
with any person or persons as an insuring agent for the	97936
examination, processing, and determination of ~~medical assistance~~	97937
medicaid claims, as provided in division (A) of this section, and	97938
for the payment of ~~medical assistance~~medicaid claims through an	97939
underwritten program in which the state pays the insuring agent a	97940
monthly premium and the insuring agent pays for ~~medical~~medicaid	97941
services ~~authorized under the state's medical assistance program~~.	97942
The person with whom the department contracts, with respect to the	97943
awarding, provisions, and performance of such contract, shall not	97944
be subject to the provisions of Title XXXIX of the Revised Code or	97945
to regulation by the department of insurance, nor to taxation as	97946
an insurance company pursuant to section 5725.18 or 5729.03 of the	97947
Revised Code. A contract with an insuring agent shall specify the	97948
qualifications, including capital and surplus requirements, and	97949
other conditions with which the insuring agent must comply.	97950

(C) In entering into a contract under this section, the	97951
department, in cooperation with the director of budget and	97952
management, shall determine that the contracting party is	97953
qualified to perform the required services and shall follow	97954
applicable procedures required of the department of administrative	97955
services in sections 125.07 to 125.11 of the Revised Code. A	97956
contract shall be awarded to the bidder who, with due	97957
consideration to the bidder's experience and financial capability,	97958
offers the lowest and best bid to the state for control of the	97959
costs of the ~~medical assistance~~medicaid program consistent with	97960
meeting the obligations under that program for fair and equitable	97961
treatment of medicaid recipients and medicaid providers ~~of medical~~	97962
~~services~~. Any arrangement whereby funds are paid to an insuring or	97963
fiscal agent for administrative functions under this section	97964
shall, for the purposes of section 125.081 of the Revised Code, be	97965
deemed to be a contract or purchase by the department of	97966
administrative services; however, money to be used by an insuring	97967
agent to pay for ~~medical~~medicaid services ~~authorized under the~~	97968
~~state's medical assistance program~~ shall not be deemed a contract	97969
or purchase within the meaning of such section.	97970

~~Sec. 5111.052.~~ Sec. 5164.46. (A) As used in this section,	97971
"electronic claims submission process" means any of the following:	97972

(1) Electronic interchange of data;

97973

(2) Direct entry of data through an internet-based mechanism	97974
implemented by the department of ~~job and family services~~medicaid;	97975

(3) Any other process for the electronic submission of claims	97976
that is specified in rules adopted under ~~this~~ section 5162.02 of	97977
the Revised Code.	97978

(B) Not later than January 1, 2013, and except as provided in	97979
division (C) of this section, each medicaid provider ~~of services~~	97980
~~to medicaid recipients~~ shall do both of the following:	97981

(1) Use only an electronic claims submission process to	97982
submit to the department of ~~job and family services~~medicaid	97983
claims for medicaid ~~reimbursement~~payment for medicaid services	97984
provided to medicaid recipients;	97985

(2) Arrange to receive medicaid ~~reimbursement~~payment from	97986
the department by means of electronic funds transfer.	97987

(C) Division (B) of this section does not apply to any of the	97988
following:	97989

(1) A nursing facility~~, as defined in section 5111.20 of the~~	97990
~~Revised Code~~;	97991

(2) An ~~intermediate care facility for the mentally retarded,~~	97992
~~as defined in section 5111.20 of the Revised Code~~ICF/MR;	97993

(3) A medicaid managed care organization ~~under contract with~~	97994
~~the department pursuant to section 5111.17 of the Revised Code~~;	97995

(4) Any other medicaid provider or type of medicaid provider	97996
designated in rules adopted under ~~this~~ section 5162.02 of the	97997
Revised Code.	97998

(D) The department shall not process a medicaid claim	97999
submitted on or after January 1, 2013, unless the claim is	98000
submitted through an electronic claims submission process in	98001
accordance with this section.	98002

~~(E) The director of job and family services may adopt rules~~	98003
~~in accordance with Chapter 119. of the Revised Code as the~~	98004
~~director considers necessary to implement this section.~~	98005

~~Sec. 5111.054.~~ Sec. 5164.47. (A) As used in this section:

98006

~~(1) "Federal financial participation" means the federal~~	98007
~~government's share of expenditures made by an entity in~~	98008
~~implementing the medicaid program.~~	98009

~~(2)~~, "OCHSPS" means the private, not-for-profit corporation	98010
known as the Ohio children's hospital solutions for patient	98011
safety, which was formed for the purpose of improving pediatric	98012
patient care in this state, which performs functions that are	98013
included within the functions of a peer review committee as	98014
defined in section 2305.25 of the Revised Code, and which consists	98015
of all of the following members: Akron children's hospital,	98016
Cincinnati children's hospital medical center, Cleveland clinic	98017
children's hospital, Dayton children's medical center, mercy	98018
children's hospital, nationwide children's hospital, rainbow	98019
babies & children's hospital, and Toledo children's hospital.	98020

(B) If, as authorized by section ~~5101.10~~5160.10 of the	98021
Revised Code, the ~~department of job and family services~~medicaid	98022
director chooses to contract with a person to perform either or	98023
both of the following services, itthe director may contract with	98024
any qualified person, including OCHSPS, to perform the service or	98025
services on ~~the department's~~ behalf of the department of medicaid:	98026

(1) Review and analyze claims for ~~medical assistance made~~	98027
~~under this chapter~~medicaid services provided to children in	98028
accordance with all state and federal laws governing the	98029
confidentiality of patient-identifying information;	98030

(2) Perform quality assurance and quality review functions,	98031
other than those described in division (B)(1) of this section,	98032
related to ~~medical assistance made under this chapter~~medicaid	98033
services provided to children.	98034

The functions specified in division (B)(2) of this section	98035
may include those recommended by the best evidence for advancing	98036
child health in Ohio now (BEACON) council.	98037

(C) If the ~~department~~director enters into a contract with	98038
OCHSPS for OCHSPS to perform either or both of the services	98039
described in division (B) of this section, OCHSPS shall, only for	98040
purposes of section ~~5101.11~~5160.12 of the Revised Code, be	98041
considered a public entity and the ~~department~~director shall seek	98042
federal financial participation for costs incurred by OCHSPS in	98043
performing the service or services.	98044

~~Sec. 5111.051.~~ Sec. 5164.48. The medicaid director ~~of job and~~	98045
~~family services~~ may ~~submit a medicaid state plan amendment or~~	98046
~~request for a federal waiver to the United States secretary of~~	98047
~~health and human services as necessary to~~ implement~~, at the~~	98048
~~director's discretion,~~ a system under which medicaid payments for	98049
~~medical assistance provided under the~~ medicaid ~~program~~services	98050
are made to an organization on behalf of ~~the~~medicaid providers of	98051
~~the medical assistance~~. The system may not provide for an	98052
organization to receive an amount that exceeds, in aggregate, the	98053
amount the ~~department~~medicaid program would have paid directly to	98054
~~the~~medicaid providers if not for this section.	98055

Sec. 5164.55. The department of medicaid may conduct final	98056
fiscal audits of medicaid providers in accordance with the	98057
applicable requirements set forth in federal laws and regulations	98058
and determine any amounts the provider may owe the state. When	98059
conducting final fiscal audits, the department shall consider	98060
generally accepted auditing standards, which include the use of	98061
statistical sampling.	98062

~~Sec. 5111.022.~~ Sec. 5164.56. Under the medicaid program, any	98063
amount determined to be owed the state by a final fiscal audit	98064
conducted pursuant to ~~division (D) of~~ section ~~5111.021~~5164.55 of	98065
the Revised Code, upon the issuance of an adjudication order	98066
pursuant to Chapter 119. of the Revised Code that contains a	98067
finding that there is a preponderance of the evidence that ~~the~~a	98068
medicaid provider will liquidate assets or file bankruptcy in	98069
order to prevent payment of the amount determined to be owed the	98070
state, becomes a lien upon the real and personal property of the	98071
provider. Upon failure of the provider to pay the amount to the	98072
state, the medicaid director ~~of job and family services~~ shall file	98073
notice of the lien, for which there shall be no charge, in the	98074
office of the county recorder of the county in which it is	98075
ascertained that the provider owns real or personal property. The	98076
director shall notify the provider by mail of the lien, but	98077
absence of proof that the notice was sent does not affect the	98078
validity of the lien. The lien is not valid as against the claim	98079
of any mortgagee, pledgee, purchaser, judgment creditor, or other	98080
lienholder of record at the time the notice is filed.	98081

If the provider acquires real or personal property after	98082
notice of the lien is filed, the lien shall not be valid as	98083
against the claim of any mortgagee, pledgee, subsequent bona fide	98084
purchaser for value, judgment creditor, or other lienholder of	98085
record to such after-acquired property unless the notice of lien	98086
is refiled after the property is acquired by the provider and	98087
before the competing lien attaches to the after-acquired property	98088
or before the conveyance to the subsequent bona fide purchaser for	98089
value.	98090

When the amount has been paid, the provider may record with	98091
the recorder notice of the payment. For recording such notice of	98092
payment, the recorder shall charge and receive from the provider a	98093
base fee of one dollar for services and a housing trust fund fee	98094
of one dollar pursuant to section 317.36 of the Revised Code.	98095

In the event of a distribution of athe provider's assets	98096
pursuant to an order of any court under the law of this state	98097
including any receivership, assignment for benefit of creditors,	98098
adjudicated insolvency, or similar proceedings, amounts then or	98099
thereafter due the state under ~~this chapter~~the medicaid program	98100
have the same priority as provided by law for the payment of taxes	98101
due the state and shall be paid out of the receivership trust fund	98102
or other such trust fund in the same manner as provided for claims	98103
for unpaid taxes due the state.	98104

If the attorney general finds after investigation that any	98105
amount due the state under ~~this chapter~~the medicaid program is	98106
uncollectable, in whole or in part, the attorney general shall	98107
recommend to the director the cancellation of all or part of the	98108
claim. The director may thereupon effect the cancellation.	98109

~~Sec. 5111.061.~~ Sec. 5164.57. (A) As used in this section,	98110
"adjudication" has the same meaning as in section 119.01 of the	98111
Revised Code.	98112

(B)(1) Except as provided in division ~~(A)~~(B)(2) of this	98113
section, the department of ~~job and family services~~medicaid may	98114
recover a medicaid payment or portion of a payment made to a	98115
medicaid provider to which the provider is not entitled if the	98116
department notifies the provider of the overpayment during the	98117
five-year period immediately following the end of the state fiscal	98118
year in which the overpayment was made.	98119

(2) In the case of a hospital medicaid provider, if the	98120
department determines as a result of a medicare or medicaid cost	98121
report settlement that the provider received an amount under the	98122
medicaid program to which the provider is not entitled, the	98123
department may recover the overpayment if the department notifies	98124
the provider of the overpayment during the later of the following:	98125

(a) The five-year period immediately following the end of the	98126
state fiscal year in which the overpayment was made;	98127

(b) The one-year period immediately following the date the	98128
department receives from the United States centers for medicare	98129
and medicaid services a completed, audited, medicare cost report	98130
for the provider that applies to the state fiscal year in which	98131
the overpayment was made.	98132

~~(B)~~(C) Among the overpayments that may be recovered under	98133
this section are the following:	98134

(1) Payment for a medicaid service, or a day of service, not	98135
rendered;	98136

(2) Payment for a day of service at a full per diem rate that	98137
should have been paid at a percentage of the full per diem rate;	98138

(3) Payment for a medicaid service, or day of service, that	98139
was paid by, or partially paid by, a third party, as defined in	98140
section ~~5101.571~~5160.35 of the Revised Code, and the third	98141
party's payment or partial payment was not offset against the	98142
amount paid by the medicaid program to reduce or eliminate the	98143
amount that was paid by the medicaid program;	98144

(4) Payment when a medicaid recipient's responsibility for	98145
payment was understated and resulted in an overpayment to the	98146
provider.	98147

~~(C)~~(D) The department may recover an overpayment under this	98148
section prior to or after any of the following:	98149

(1) Adjudication of a final fiscal audit that section ~~5111.06~~	98150
5164.38 of the Revised Code requires to be conducted in accordance	98151
with Chapter 119. of the Revised Code;	98152

(2) Adjudication of a finding under any other provision of	98153
~~this chapter~~state statutes governing the medicaid program or the	98154
rules adopted under itthose statutes;	98155

(3) Expiration of the time to issue a final fiscal audit that	98156
section ~~5111.06~~5164.38 of the Revised Code requires to be	98157
conducted in accordance with Chapter 119. of the Revised Code;	98158

(4) Expiration of the time to issue a finding under any other	98159
provision of ~~this chapter~~state statutes governing the medicaid	98160
program or the rules adopted under itthose statutes.	98161

~~(D)~~(E)(1) Subject to division ~~(D)~~(E)(2) of this section, the	98162
recovery of an overpayment under this section does not preclude	98163
the department from subsequently doing the following:	98164

(a) Issuing a final fiscal audit in accordance with Chapter	98165
119. of the Revised Code, as required under section ~~5111.06~~	98166
5164.38 of the Revised Code;	98167

(b) Issuing a finding under any other provision of ~~this~~	98168
~~chapter~~state statutes governing the medicaid program or the rules	98169
adopted under itthose statutes.	98170

(2) A final fiscal audit or finding issued subsequent to the	98171
recovery of an overpayment under this section shall be reduced by	98172
the amount of the prior recovery, as appropriate.	98173

~~(E)~~(F) Nothing in this section limits the department's	98174
authority to recover overpayments pursuant to any other provision	98175
of the Revised Code.	98176

~~Sec. 5111.914.~~ Sec. 5164.58. (A) ~~As used in this section,~~	98177
~~"provider" has the same meaning as in section 5111.06 of the~~	98178
~~Revised Code.~~	98179

~~(B)~~ If a state agency that enters into a contract with the	98180
department of ~~job and family services~~medicaid under section	98181
~~5111.91~~5162.35 of the Revised Code identifies that a medicaid	98182
overpayment has been made to a medicaid provider, the state agency	98183
may commence actions to recover the overpayment on behalf of the	98184
department.	98185

~~(C)~~(B) In recovering an overpayment pursuant to this section,	98186
a state agency shall comply with the following procedures:	98187

(1) The state agency shall attempt to recover the overpayment	98188
by notifying the medicaid provider of the overpayment and	98189
requesting voluntary repayment. Not later than five business days	98190
after notifying the medicaid provider, the state agency shall	98191
notify the department in writing of the overpayment. The state	98192
agency may negotiate a settlement of the overpayment and notify	98193
the department of the settlement. A settlement negotiated by the	98194
state agency is not valid and shall not be implemented until the	98195
department has given its written approval of the settlement.	98196

(2) If the state agency is unable to obtain voluntary	98197
repayment of an overpayment, the agency shall give the medicaid	98198
provider notice of an opportunity for a hearing in accordance with	98199
Chapter 119. of the Revised Code. If the medicaid provider timely	98200
requests a hearing in accordance with section 119.07 of the	98201
Revised Code, the state agency shall conduct the hearing to	98202
determine the legal and factual validity of the overpayment. On	98203
completion of the hearing, the state agency shall submit its	98204
hearing officer's report and recommendation and the complete	98205
record of proceedings, including all transcripts, to the medicaid	98206
director ~~of job and family services~~ for final adjudication. The	98207
director may issue a final adjudication order in accordance with	98208
Chapter 119. of the Revised Code. The state agency shall pay any	98209
attorney's fees imposed under section 119.092 of the Revised Code.	98210
The department of ~~job and family services~~medicaid shall pay any	98211
attorney's fees imposed under section 2335.39 of the Revised Code.	98212

~~(D)~~(C) In any action taken by a state agency under this	98213
section that requires the agency to give notice of an opportunity	98214
for a hearing in accordance with Chapter 119. of the Revised Code,	98215
if the agency gives notice of the opportunity for a hearing but	98216
the medicaid provider subject to the notice does not request a	98217
hearing or timely request a hearing in accordance with section	98218
119.07 of the Revised Code, the agency is not required to hold a	98219
hearing. The agency may request that the medicaid director ~~of job~~	98220
~~and family services~~ issue a final adjudication order in accordance	98221
with Chapter 119. of the Revised Code.	98222

~~(E)~~(D) This section does not preclude the department of ~~job~~	98223
~~and family services~~medicaid from adjudicating a final fiscal	98224
audit under section ~~5111.06~~5164.38 of the Revised Code,	98225
recovering overpayments under section ~~5111.061~~5164.57 of the	98226
Revised Code, or making findings or taking other actions	98227
authorized by ~~this chapter~~state statutes governing the medicaid	98228
program.	98229

Sec. 5164.59. The department of medicaid may deduct from	98230
medicaid payments for medicaid services rendered by a medicaid	98231
provider any amounts the provider owes the state as the result of	98232
incorrect medicaid payments the department has made to the	98233
provider.	98234

Sec. 5164.60. Any medicaid provider who, without intent,	98235
obtains payments under the medicaid program in excess of the	98236
amount to which the provider is entitled is liable for payment of	98237
interest on the amount of the excess payments at the maximum	98238
interest rate allowable for real estate mortgages under section	98239
1343.01 of the Revised Code on the date the payment was made to	98240
the provider for the period from the date on which payment was	98241
made to the date on which repayment is made to the state.	98242

Sec. 5164.61. The authority, under state and federal law, of	98243
the department of medicaid or a county department of job and	98244
family services to recover excess medicaid payments made to a	98245
medicaid provider is not limited by the availability of remedies	98246
under sections 5162.21 and 5162.23 of the Revised Code for	98247
recovering benefits paid on behalf of medicaid recipients.	98248

~~Sec. 5111.021.~~ Sec. 5164.70. ~~Under the medicaid program:~~

98249

~~(A)~~ Except as otherwise required by federal statute or	98250
regulation, ~~the department of job and family services shall not~~	98251
~~reimburse a medical provider~~no medicaid payment for any ~~medical~~	98252
~~assistance rendered under the program an amount that exceeds~~	98253
medicaid service shall exceed the following:	98254

~~(1)~~(A) If the medicaid provider is a hospital, nursing	98255
facility, or ~~intermediate care facility for the mentally retarded~~	98256
ICF/MR, the limits established under Subpart C of 42 C.F.R. Part	98257
447;	98258

~~(2)~~(B) If the medicaid provider is other than a provider	98259
described in division (A)~~(1)~~ of this section, the authorized	98260
~~reimbursement~~payment limits for the same service under the	98261
medicare program ~~established under Title XVIII of the "Social~~	98262
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended~~.	98263

~~(B) Reimbursement for freestanding medical laboratory charges~~	98264
~~shall not exceed the customary and usual fee for laboratory~~	98265
~~profiles.~~	98266

~~(C) The department may deduct from payments for services~~	98267
~~rendered by a medicaid provider under the medicaid program any~~	98268
~~amounts the provider owes the state as the result of incorrect~~	98269
~~medicaid payments the department has made to the provider.~~	98270

~~(D) The department may conduct final fiscal audits in~~	98271
~~accordance with the applicable requirements set forth in federal~~	98272
~~laws and regulations and determine any amounts the provider may~~	98273
~~owe the state. When conducting final fiscal audits, the department~~	98274
~~shall consider generally accepted auditing standards, which~~	98275
~~include the use of statistical sampling.~~	98276

~~(E) The number of days of inpatient hospital care for which~~	98277
~~reimbursement is made on behalf of a medicaid recipient to a~~	98278
~~hospital that is not paid under a diagnostic-related-group~~	98279
~~prospective payment system shall not exceed thirty days during a~~	98280
~~period beginning on the day of the recipient's admission to the~~	98281
~~hospital and ending sixty days after the termination of that~~	98282
~~hospital stay, except that the department may make exceptions to~~	98283
~~this limitation. The limitation does not apply to children~~	98284
~~participating in the program for medically handicapped children~~	98285
~~established under section 3701.023 of the Revised Code.~~	98286

~~(F) The division of any reimbursement between a collaborating~~	98287
~~physician or podiatrist and a clinical nurse specialist, certified~~	98288
~~nurse-midwife, or certified nurse practitioner for services~~	98289
~~performed by the nurse shall be determined and agreed on by the~~	98290
~~nurse and collaborating physician or podiatrist. In no case shall~~	98291
~~reimbursement exceed the payment that the physician or podiatrist~~	98292
~~would have received had the physician or podiatrist provided the~~	98293
~~entire service.~~	98294

Sec. 5164.71. Medicaid payments for freestanding medical	98295
laboratory charges shall not exceed the customary and usual fee	98296
for laboratory profiles.	98297

Sec. 5164.72. The number of days of inpatient hospital care	98298
for which a medicaid payment is made on behalf of a medicaid	98299
recipient to a hospital that is not paid under a	98300
diagnostic-related-group prospective payment system shall not	98301
exceed thirty days during a period beginning on the day of the	98302
recipient's admission to the hospital and ending sixty days after	98303
the termination of that hospital stay, except that the department	98304
of medicaid may make exceptions to this limitation. The limitation	98305
does not apply to children participating in the program for	98306
medically handicapped children established under section 3701.023	98307
of the Revised Code.	98308

Sec. 5164.73. The division of any medicaid payment between a	98309
collaborating physician or podiatrist and a clinical nurse	98310
specialist, certified nurse-midwife, or certified nurse	98311
practitioner for services performed by the nurse shall be	98312
determined and agreed on by the nurse and collaborating physician	98313
or podiatrist. In no case shall the medicaid payment exceed the	98314
medicaid payment that the physician or podiatrist would have	98315
received had the physician or podiatrist provided the entire	98316
service.	98317

~~Sec. 5111.19.~~ Sec. 5164.74. The medicaid director ~~of job and~~	98318
~~family services~~ shall adopt rules under section 5164.02 of the	98319
Revised Code governing the calculation and payment of, and the	98320
allocation of payments for, graduate medical education costs	98321
associated with medicaid services rendered to medicaid recipients	98322
~~after June 30, 1994~~. Subject to section ~~5111.191~~5164.741 of the	98323
Revised Code, the rules shall provide for ~~reimbursement~~payment	98324
of graduate medical education costs associated with medicaid	98325
services rendered to medicaid recipients, including recipients	98326
enrolled in a medicaid managed care organization ~~under contract~~	98327
~~with the department~~ ~~office~~ ~~under section 5111.17 of the Revised~~	98328
~~Code~~, that the department of medicaid determines are allowable and	98329
reasonable.	98330

~~If the department requires a managed care organization to pay~~	98331
~~a provider for graduate medical education costs associated with~~	98332
~~the delivery of services to medicaid recipients enrolled in the~~	98333
~~organization, the department shall include in its payment to the~~	98334
~~organization an amount sufficient for the organization to pay such~~	98335
~~costs. If the department does not include in its payments to the~~	98336
~~managed care organization amounts for graduate medical education~~	98337
~~costs of providers, all of the following apply:~~	98338

~~(A) Except as provided in section 5111.191 of the Revised~~	98339
~~Code, the department shall pay the provider for graduate medical~~	98340
~~education costs associated with the delivery of services to~~	98341
~~medicaid recipients enrolled in the organization;~~	98342

~~(B) No provider shall seek reimbursement from the~~	98343
~~organization for such costs;~~	98344

~~(C) The organization is not required to pay providers for~~	98345
~~such costs.~~	98346

~~Sec. 5111.191.~~ Sec. 5164.741. (A) Except as provided in division	98347
(B) of this section, the department of ~~job and family services~~	98348
medicaid may deny medicaid payment to a hospital for direct	98349
graduate medical education costs associated with the delivery of	98350
medicaid services to any medicaid recipient if the hospital	98351
refuses without good cause to contract with a medicaid managed	98352
care organization that ~~serves participants in the care management~~	98353
~~system established under section 5111.16 of the Revised Code who~~	98354
~~are required to be enrolled in a managed care organization and the~~	98355
~~managed care organization~~ serves the area in which the hospital is	98356
located.	98357

(B) A hospital is not subject to division (A) of this section	98358
if all of the following are the case:	98359

(1) The hospital is located in a county in which participants	98360
in the care management system are required before January 1, 2006,	98361
to be enrolled in a medicaid managed care organization that is a	98362
health insuring corporation.	98363

(2) The hospital has entered into a contract before January	98364
1, 2006, with at least one health insuring corporation serving the	98365
participants specified in division (B)(1) of this section.	98366

(3) The hospital remains under contract with at least one	98367
health insuring corporation serving participants in the care	98368
management system who are required to be enrolled in a health	98369
insuring corporation.	98370

(C) The medicaid director ~~of job and family services~~ shall	98371
specify in the rules adopted under section ~~5111.19~~5164.02 of the	98372
Revised Code what constitutes good cause for a hospital to refuse	98373
to contract with a medicaid managed care organization.	98374

~~Sec. 5111.086.~~ Sec. 5164.75. As used in this section, "federal	98375
upper reimbursement limit" means the limit established pursuant to	98376
~~section 1927(e) of~~ the "Social Security Act," ~~104 Stat. 1388-151~~	98377
~~(1990)~~section 1927(e), 42 U.S.C. 1396r-8(e)~~, as amended~~.	98378

The medicaid payment for a drug that is subject to a federal	98379
upper reimbursement limit shall not exceed, in the aggregate, the	98380
federal upper reimbursement limit for the drug. ~~The director of~~	98381
~~job and family services shall adopt rules under section 5111.02 of~~	98382
~~the Revised Code as necessary to implement this section.~~	98383

~~Sec. 5111.082.~~ Sec. 5164.751. (A) As used in this section:

98384

~~(1) "State~~, "state maximum allowable cost" means the per unit	98385
amount the ~~department of job and family services reimburses~~	98386
medicaid program pays a terminal distributor of dangerous drugs	98387
for a ~~prescription~~prescribed drug included in the state maximum	98388
allowable cost program established under division (B) of this	98389
section. "State maximum allowable cost" excludes dispensing fees	98390
and copayments, coinsurance, or other cost-sharing charges, if	98391
any.	98392

~~(2) "Terminal distributor of dangerous drugs" has the same~~	98393
~~meaning as in section 4729.01 of the Revised Code.~~	98394

(B) The medicaid director ~~of job and family services~~ shall	98395
establish a state maximum allowable cost program for purposes of	98396
managing ~~reimbursement~~medicaid payments to terminal distributors	98397
of dangerous drugs for ~~prescription~~prescribed drugs identified by	98398
the director pursuant to this division. The director shall do all	98399
of the following with respect to the program:	98400

(1) Identify and create a list of ~~prescription~~ prescribed	98401
drugs to be included in the program.	98402

(2) Update the list of ~~prescription~~prescribed drugs	98403
described in division (B)(1) of this section on a weekly basis.	98404

(3) Review the state maximum allowable cost for each	98405
prescribed drug included on the list described in division (B)(1)	98406
of this section on a weekly basis.	98407

~~(C) The director may adopt rules in accordance with Chapter~~	98408
~~119. of the Revised Code to implement this section.~~	98409

~~Sec. 5111.07.~~ Sec. 5164.752. ~~Commencing in~~In July~~, 1986, and~~of	98410
every ~~second July thereafter~~even-numbered year, the department	98411
of ~~job and family services~~medicaid shall initiate a ~~private~~	98412
confidential survey of ~~retail pharmacy operations~~the cost of	98413
dispensing drugs incurred by terminal distributors of dangerous	98414
drugs in ~~the~~this state. The survey shall be used as the basis for	98415
establishing ~~a current maximum~~the medicaid program's dispensing	98416
fee for ~~licensed pharmacists who are providers of drugs under this~~	98417
~~chapter. The~~terminal distributors in accordance with section	98418
5164.753 of the Revised Code. The survey shall be completed and	98419
its results published not later than the last day of October of	98420
the year in which it is conducted.	98421

Each terminal distributor that is a provider of drugs under	98422
the medicaid program shall participate in the survey. Except as	98423
necessary to publish the survey's results, a terminal	98424
distributor's responses to the survey are confidential and not a	98425
public record under section 149.43 of the Revised Code.	98426

The survey shall be conducted in conformance with the	98427
requirements set forth in 42 C.F.R. ~~447.331 through 447.333, as~~	98428
~~amended or superseded, and~~447.500 to 447.518. The survey shall	98429
include operational data and direct prescription expenses,	98430
professional services and personnel costs, and usual and	98431
customary overhead expenses~~, and profit data~~ of the ~~retail~~	98432
~~pharmacies~~terminal distributors surveyed. The ~~survey shall be~~	98433
~~completed and its results published no later than the last day of~~	98434
~~October of the year in which the survey is conducted, and the~~	98435
survey shall compute and report the cost of dispensing ~~fees~~ on a	98436
basis of the usual and customary charges by ~~retail pharmacies~~	98437
terminal distributors to their customers for dispensing drugs. ~~The~~	98438
~~director of job and family services shall take into account the~~	98439
~~results of the survey in establishing a dispensing fee.~~	98440

~~Sec. 5111.071.~~ Sec. 5164.753. ~~Commencing in~~In December~~, 1986, and~~	98441
of every ~~second December thereafter~~even-numbered year, the	98442
medicaid director ~~of job and family services~~ shall establish a	98443
dispensing fee, effective the following ~~January~~July, for ~~licensed~~	98444
~~pharmacists~~terminal distributors of dangerous drugs who are	98445
providers of drugs under ~~this chapter~~the medicaid program. ~~The~~In	98446
establishing the dispensing fee, the director shall take into	98447
consideration the results of the survey conducted under section	98448
~~5111.07~~5164.752 of the Revised Code and the extent to which each	98449
terminal distributor participates in the medicaid program as a	98450
provider of drugs.	98451

~~Sec. 5111.0114.~~ Sec. 5164.754. (A) As used in this section,	98452
"dangerous drug" and "manufacturer of dangerous drugs" have the	98453
same meaning as in section 4729.01 of the Revised Code.	98454

(B) The medicaid director ~~of job and family services~~ may	98455
enter into or administer an agreement or cooperative arrangement	98456
with other states to create or join a multiple-state prescription	98457
drug purchasing program for the purpose of negotiating with	98458
manufacturers of dangerous drugs to receive discounts or rebates	98459
for dangerous drugs ~~dispensed under~~covered by the medicaid	98460
program.	98461

~~Sec. 5111.081.~~ Sec. 5164.755. The medicaid director ~~of job and~~	98462
~~family services~~, in rules adopted under section ~~5111.02~~5164.02 of	98463
the Revised Code, may establish and implement a supplemental drug	98464
rebate program under which drug manufacturers may be required to	98465
provide the department of ~~job and family services~~medicaid a	98466
supplemental rebate as a condition of having the drug	98467
manufacturers' drug products covered by the medicaid program	98468
without prior approval. The department may receive a supplemental	98469
rebate negotiated under the program for a drug dispensed to a	98470
medicaid recipient pursuant to a prescription or a drug purchased	98471
by a medicaid provider for administration to a medicaid recipient	98472
in the provider's primary place of business. ~~If necessary, the~~	98473
~~director may apply to the United States secretary of health and~~	98474
~~human services for a waiver of federal statutes and regulations to~~	98475
~~establish the supplemental drug rebate program.~~	98476

If the director establishes a supplemental drug rebate	98477
program, the director shall consult with drug manufacturers	98478
regarding the establishment and implementation of the program.	98479

~~Sec. 5101.31.~~ Sec. 5164.756. Any record, data, pricing information,	98480
or other information regarding a drug rebate agreement or a	98481
supplemental drug rebate agreement for the medicaid program	98482
~~established under Chapter 5111. of the Revised Code~~ that the	98483
department of ~~job and family services~~medicaid receives from a	98484
pharmaceutical manufacturer or creates pursuant to negotiation of	98485
the agreement is not a public record under section 149.43 of the	98486
Revised Code and shall be treated by the department as	98487
confidential information.	98488

~~Sec. 5111.083.~~ Sec. 5164.757. (A) As used in this section,	98489
"licensed health professional authorized to prescribe drugs" has	98490
the same meaning as in section 4729.01 of the Revised Code.	98491

(B) The medicaid director ~~of job and family services~~ may	98492
~~establish an~~acquire or specify technologies to provide	98493
information regarding medicaid recipient eligibility, claims	98494
history, and drug coverage to medicaid providers through	98495
electronic health record and e-prescribing ~~system for the~~	98496
~~medicaid program under which~~applications.	98497

If such technologies are acquired or specified, the	98498
e-prescribing applications shall enable a medicaid provider who	98499
is a licensed health professional authorized to prescribe drugs	98500
~~shall~~to use an electronic system to prescribe a drug for a	98501
medicaid recipient ~~when required to do so by division (C) of this~~	98502
~~section~~. The ~~e-prescribing~~purpose of the electronic system ~~shall~~	98503
is to eliminate the need for such medicaid providers to ~~make~~issue	98504
prescriptions for medicaid recipients by handwriting or telephone.	98505
The ~~e-prescribing system~~technologies acquired or specified by the	98506
director also shall provide such medicaid providers with an	98507
up-to-date, clinically relevant drug information database and a	98508
system of electronically monitoring medicaid recipients' medical	98509
history, drug regimen compliance, and fraud and abuse.	98510

~~(C) If the director establishes an e-prescribing system under~~	98511
~~division (B) of this section, the director shall do all of the~~	98512
~~following:~~	98513

~~(1) Require that a medicaid provider who is a licensed health~~	98514
~~professional authorized to prescribe drugs use the e-prescribing~~	98515
~~system during a fiscal year if the medicaid provider was one of~~	98516
~~the ten medicaid providers who, during the calendar year that~~	98517
~~precedes that fiscal year, issued the most prescriptions for~~	98518
~~medicaid recipients receiving hospital services;~~	98519

~~(2) Before the beginning of each fiscal year, determine the~~	98520
~~ten medicaid providers that issued the most prescriptions for~~	98521
~~medicaid recipients receiving hospital services during the~~	98522
~~calendar year that precedes the upcoming fiscal year and notify~~	98523
~~those medicaid providers that they must use the e-prescribing~~	98524
~~system for the upcoming fiscal year;~~	98525

~~(3) Seek the most federal financial participation available~~	98526
~~for the development and implementation of the e-prescribing~~	98527
~~system.~~	98528

~~Sec. 5111.085.~~ Sec. 5164.758. ~~Not later than July 1, 2012, the~~	98529
~~department of job and family services~~The medicaid director shall	98530
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	98531
of the Revised Code to implement a coordinated services program	98532
for medicaid recipients who are found to have obtained	98533
~~prescription~~prescribed drugs under the medicaid program at a	98534
frequency or in an amount that is not medically necessary. The	98535
program shall be implemented in a manner that is consistent with	98536
~~section 1915(a)(2) of~~ the "Social Security Act," ~~95 Stat. 810~~	98537
~~(1981)~~section 1915(a)(2), 42 U.S.C. 1396n(a)(2), ~~as amended,~~ and	98538
42 C.F.R. 431.54(e).	98539

~~Sec. 5111.08.~~ Sec. 5164.759. In accordance with ~~subsection (g) of~~	98540
~~section 1927 of~~ the "Social Security Act," ~~49 Stat. 320 (1935)~~	98541
section 1927(g), 42 U.S.C.A. 1396r-8(g), ~~as amended,~~ the	98542
department of ~~job and family services~~medicaid shall establish an	98543
outpatient drug use review program to assure that prescriptions	98544
obtained by medicaid recipients ~~of medical assistance under this~~	98545
~~chapter~~ are appropriate, medically necessary, and unlikely to	98546
cause adverse medical results.	98547

~~Sec. 5111.084.~~ Sec. 5164.7510. (A) There is hereby established the	98548
pharmacy and therapeutics committee of the department of ~~job and~~	98549
~~family services~~medicaid. The committee shall assist the	98550
department with developing and maintaining a preferred drug list	98551
for the medicaid program.	98552

The committee shall review and recommend to the medicaid	98553
director ~~of job and family services~~ the drugs that should be	98554
included on the preferred drug list. The recommendations shall be	98555
made based on the evaluation of competent evidence regarding the	98556
relative safety, efficacy, and effectiveness of ~~prescription~~	98557
prescribed drugs within a class or classes of ~~prescription~~	98558
prescribed drugs.	98559

(B) The committee shall consist of ten members and shall be	98560
appointed by the medicaid director ~~of job and family services~~. The	98561
director shall seek recommendations for membership from relevant	98562
professional organizations. A candidate for membership recommended	98563
by a professional organization shall have professional experience	98564
working with medicaid recipients.	98565

The membership of the committee shall include:

98566

(1) Three pharmacists licensed under Chapter 4729. of the	98567
Revised Code;	98568

(2) Two doctors of medicine and two doctors of osteopathy who	98569
hold certificates to practice issued under Chapter 4731. of the	98570
Revised Code, one of whom is a family practice physician;	98571

(3) A registered nurse licensed under Chapter 4723. of the	98572
Revised Code;	98573

(4) A pharmacologist who has a doctoral degree;

98574

(5) A psychiatrist who holds a certificate to practice issued	98575
under Chapter 4731. of the Revised Code and specializes in	98576
psychiatry.	98577

(C) The committee shall elect from among its members a	98578
chairperson. Five committee members constitute a quorum.	98579

The committee shall establish guidelines necessary for the	98580
committee's operation.	98581

The committee may establish one or more subcommittees to	98582
investigate and analyze issues consistent with the duties of the	98583
committee under this section. The subcommittees may submit	98584
proposals regarding the issues to the committee and the committee	98585
may adopt, reject, or modify the proposals.	98586

A vote by a majority of a quorum is necessary to make	98587
recommendations to the director. In the case of a tie, the	98588
chairperson shall decide the outcome.	98589

(D) The director shall act on the committee's recommendations	98590
not later than thirty days after the recommendation is posted on	98591
the department's web site under division (F) of this section. If	98592
the director does not accept a recommendation of the committee,	98593
the director shall present the basis for this determination not	98594
later than fourteen days after making the determination or at the	98595
next scheduled meeting of the committee, whichever is sooner.	98596

(E) An interested party may request, and shall be permitted,	98597
to make a presentation or submit written materials to the	98598
committee during a committee meeting. The presentation or other	98599
materials shall be relevant to an issue under consideration by the	98600
committee and any written material, including a transcript of	98601
testimony to be given on the day of the meeting, may be submitted	98602
to the committee in advance of the meeting.	98603

(F) The department shall post the following on the	98604
department's web site:	98605

(1) Guidelines established by the committee under division	98606
(C) of this section;	98607

(2) A detailed committee agenda not later than fourteen days	98608
prior to the date of a regularly scheduled meeting and not later	98609
than seventy-two hours prior to the date of a special meeting	98610
called by the committee;	98611

(3) Committee recommendations not later than seven days after	98612
the meeting at which the recommendation was approved;	98613

(4) The director's final determination as to the	98614
recommendations made by the committee under this section.	98615

~~Sec. 5111.025.~~ Sec. 5164.76. (A) In rules adopted under section	98616
~~5111.02~~5164.02 of the Revised Code, the medicaid director ~~of job~~	98617
~~and family services~~ shall modify the manner or establish a new	98618
manner in which the following are paid under medicaid:	98619

(1) Community mental health ~~agencies~~service providers or	98620
facilities for providing community mental health services ~~included~~	98621
incovered by the ~~state~~ medicaid ~~plan~~program pursuant to section	98622
~~5111.023~~5164.15 of the Revised Code;	98623

(2) Providers of alcohol and drug addiction services for	98624
providing alcohol and drug addiction services ~~included in~~covered	98625
by the medicaid program ~~pursuant to rules adopted under section~~	98626
~~5111.02 of the Revised Code~~.	98627

(B) The director's authority to modify the manner, or to	98628
establish a new manner, for medicaid to pay for the services	98629
specified in division (A) of this section is not limited by any	98630
rules adopted under section ~~5111.02 or 5119.61~~5119.22 or 5164.02	98631
of the Revised Code that are in effect on June 26, 2003, and	98632
govern the way medicaid pays for those services. This is the case	98633
regardless of what state agency adopted the rules.	98634

~~Sec. 5111.0213.~~ Sec. 5164.77. (A) As used in this section:

98635

(1) "Aide services" means all of the following:

98636

(a) Home health aide services available under the home health	98637
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	98638

(b) Home care attendant services available under a home and	98639
community-based services medicaid waiver component;	98640

(c) Personal care aide services available under a home and	98641
community-based services medicaid waiver component.	98642

(2) ~~"Home and community-based services medicaid waiver~~	98643
~~component" has the same meaning as in section 5111.85 of the~~	98644
~~Revised Code.~~	98645

~~(3)~~ "Independent provider" means an individual who personally	98646
provides aide services or nursing services and is not employed by,	98647
under contract with, or affiliated with another entity that	98648
provides those services.	98649

~~(4)~~(3) "Nursing services" means all of the following:

98650

(a) Nursing services available under the home health services	98651
benefit pursuant to 42 C.F.R. 440.70(b)(1);	98652

(b) Private duty nursing services as defined in 42 C.F.R.	98653
440.80;	98654

(c) Nursing services available under a home and	98655
community-based services medicaid waiver component.	98656

(B) The department of ~~job and family services~~medicaid shall	98657
do ~~both~~all of the following:	98658

(1) Effective October 1, 2011, reduce the medicaid program's	98659
first-hour-unit price for aide services to ninety-seven per cent	98660
of the price paid on June 30, 2011, and for nursing services to	98661
ninety-five per cent of the price paid on June 30, 2011;	98662

(2) Effective October 1, 2011, pay for a service that is an	98663
aide service or a nursing service provided by an independent	98664
provider eighty per cent of the price it pays for the same service	98665
provided by a provider that is not an independent provider;	98666

(3) Not sooner than July 1, 2012, adjust the medicaid	98667
~~reimbursement~~payment rates for aide services and nursing services	98668
in a manner that reflects, at a minimum, labor market data,	98669
education and licensure status, home health agency and independent	98670
provider status, and length of service visit.	98671

(C) The department shall strive to have the adjustment made	98672
under division (B)(3) of this section go into effect on July 1,	98673
2012. The reductions made under divisions (B)(1) and (2) of this	98674
section shall remain in effect until the adjustment made under	98675
division (B)(3) of this section goes into effect.	98676

~~(D) The director of job and family services shall adopt rules~~	98677
~~under sections 5111.02 and 5111.85 of the Revised Code as~~	98678
~~necessary to implement this section.~~	98679

~~Sec. 5111.0212.~~ Sec. 5164.80. As necessary to comply with ~~section~~	98680
~~1902(a)(13)(A) of~~ the "Social Security Act," ~~111 Stat. 507 (1997)~~	98681
section 1902(a)(13)(A), 42 U.S.C. 1396a(a)(13)(A), ~~as amended,~~ and	98682
any other federal law that requires public notice of proposed	98683
changes to ~~reimbursement~~payment rates for ~~medical assistance~~	98684
~~provided under the~~ medicaid ~~program~~services, the medicaid	98685
director ~~of job and family services~~ shall give public notice in	98686
the register of Ohio of any change to a method or standard used to	98687
determine the medicaid ~~reimbursement~~payment rate for ~~medical~~	98688
~~assistance~~a medicaid service.	98689

~~Sec. 5111.0214.~~ Sec. 5164.82. The department of ~~job and family~~	98690
~~services~~medicaid shall not knowingly make a medicaid payment for	98691
a provider-preventable condition for which federal financial	98692
participation is prohibited by regulations adopted under ~~section~~	98693
~~2702 of~~ the "Patient Protection and Affordable Care Act," ~~124~~	98694
~~Stat. 318 (2010)~~section 2702, 42 U.S.C. 1396b-1. ~~The director of~~	98695
~~job and family services shall adopt rules under section 5111.02 of~~	98696
~~the Revised Code as necessary to implement this section.~~	98697

Sec. 5164.83. (A) As used in this section:

98698

(1) "Core competencies," "direct care services," and "direct	98699
care worker" have the same meanings as in section 191.061 of the	98700
Revised Code.	98701

(2) "Direct payment" means payment by the medicaid program	98702
for direct care services provided by a direct care worker to a	98703
medicaid recipient that is delivered directly to the worker.	98704

(3) "Indirect payment" means payment by the medicaid program	98705
for direct care services provided by a direct care worker to a	98706
medicaid recipient that is delivered to a third party but later	98707
transferred to the worker.	98708

(B) The department of medicaid shall not do either of the	98709
following unless a direct care worker demonstrates core	98710
competencies in accordance with section 191.061 of the Revised	98711
Code:	98712

(1) Permit a direct or indirect payment to be made to the	98713
worker for a direct care service provided by the worker on or	98714
after October 1, 2015;	98715

(2) Enter into a provider agreement with the direct care	98716
worker on or after October 1, 2015.	98717

~~Sec. 5111.13.~~ Sec. 5164.85. (A) As used in this section,	98718
"cost-effective" and "group health plan" have the same meanings as	98719
in ~~section 1906 of~~ the "Social Security Act," ~~104 Stat. 1388-161~~	98720
~~(1990)~~section 1906, 42 U.S.C. 1396e, ~~as amended,~~ and any	98721
regulations adopted under that section.	98722

(B) The department of ~~job and family services~~medicaid may	98723
~~submit a medicaid state plan amendment to the United States~~	98724
~~secretary of health and human services for the purpose of~~	98725
~~implementing~~implement a program pursuant to ~~section 1906 of~~ the	98726
"Social Security Act," ~~104 Stat. 1388-161 (1990)~~section 1906, 42	98727
U.S.C. 1396e, ~~as amended,~~ for the enrollment of medicaid-eligible	98728
individuals in group health plans when the department determines	98729
that enrollment is cost-effective.	98730

~~(C) The director of job and family services may adopt rules~~	98731
~~in accordance with Chapter 119. of the Revised Code as necessary~~	98732
~~to implement this section.~~	98733

~~Sec. 5111.18.~~ Sec. 5164.86. ~~Not later than September 1, 2007, the~~	98734
The medicaid director ~~of job and family services~~ shall establish	98735
a qualified state long-term care insurance partnership program	98736
consistent with the definition of that term in the "Social	98737
Security Act," section 1917(b)(1)(C)(iii), 42 U.S.C.	98738
1396p(b)(1)(C)(iii). An individual participating in the program	98739
who is subject to the medicaid estate recovery program instituted	98740
under section ~~5111.11~~5162.21 of the Revised Code shall be	98741
eligible for the reduced adjustment or recovery under division (D)	98742
of that section.	98743

~~The director of job and family services may adopt rules in~~	98744
~~accordance with Chapter 119. of the Revised Code as necessary to~~	98745
~~implement this section.~~	98746

~~Sec. 5111.14.~~ Sec. 5164.88. The medicaid director ~~of job and family~~	98747
~~services~~ may ~~submit to the United States secretary of health and~~	98748
~~human services an amendment to the medicaid state plan in order to~~	98749
implement within the medicaid program a system under which	98750
medicaid recipients with chronic conditions are provided with	98751
coordinated care through health homes, as authorized by ~~section~~	98752
~~1945 of~~ the "Social Security Act," ~~124 Stat. 319 (2010)~~section	98753
1945, 42 U.S.C. 1396w-4.	98754

~~The director may adopt rules under section 5111.02 of the~~	98755
~~Revised Code to implement this section.~~	98756

~~Sec. 5111.141.~~ Sec. 5164.89. The department of ~~job and family~~	98757
~~services~~medicaid may require county departments of job and	98758
family services to provide case management of nonemergency	98759
transportation services provided under the ~~medical assistance~~	98760
medicaid program. County departments shall provide the case	98761
management if required by the department in accordance with rules	98762
adopted ~~by the director of job and family services~~under section	98763
5164.02 of the Revised Code.	98764

The department shall determine, for the purposes of claiming	98765
federal ~~reimbursement under the medical assistance program~~	98766
financial participation, whether it will claim expenditures for	98767
nonemergency transportation services as administrative or program	98768
expenditures.	98769

~~Sec. 5111.96.~~ Sec. 5164.90. (A) As used in this section, "MFP	98770
demonstration project" means a money follows the person	98771
demonstration project that the United States secretary of health	98772
and human services is authorized to award under section 6071 of	98773
the "Deficit Reduction Act of 2005" (Pub. L. No. 109-171, as	98774
amended).	98775

(B) To the extent funds are available under an MFP	98776
demonstration project awarded to the department of ~~job and family~~	98777
~~services~~medicaid, the director of ~~job and family services~~	98778
medicaid may operate the helping Ohioans move, expanding (HOME)	98779
choice demonstration component of the medicaid program to	98780
transition medicaid recipients who qualify for the demonstration	98781
component to community settings. ~~The director may adopt rules in~~	98782
~~accordance with Chapter 119. of the Revised Code for the~~	98783
~~administration and operation of the demonstration component.~~	98784

~~Sec. 5111.981.~~ Sec. 5164.91. ~~(A) As used in this section and~~	98785
~~section 5111.982 of the Revised Code:~~	98786

~~"Dual eligible individual" has the same meaning as in the~~	98787
~~"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.~~	98788
~~1396n(h)(2)(B).~~	98789

~~"Medicare" means the program created in the "Social Security~~	98790
~~Act," Title XVIII, 42 U.S.C. 1395 et seq., as amended.~~	98791

~~(B) Subject to division (C) of this section, the medical~~	98792
~~assistance~~The medicaid director may implement a demonstration	98793
project called the integrated care delivery system to test and	98794
evaluate the integration of the care that dual eligible	98795
individuals receive under medicare and medicaid. No provision of	98796
Title LI of the Revised Code applies to the integrated care	98797
delivery system if that provision implements or incorporates a	98798
provision of federal law governing medicaid and that provision of	98799
federal law does not apply to the system.	98800

~~(C) Before implementing the integrated care delivery system~~	98801
~~under division (B) of this section, the director shall obtain the~~	98802
~~approval of the United States secretary of health and human~~	98803
~~services in the form of a federal medicaid waiver, medicaid state~~	98804
~~plan amendment, or demonstration grant. The director is required~~	98805
~~to seek the federal approval only if the director seeks to~~	98806
~~implement the integrated care delivery system. The director shall~~	98807
~~implement the integrated care delivery system in accordance with~~	98808
~~the terms of the federal approval, including the terms regarding~~	98809
~~the duration of the system.~~	98810

~~Sec. 5111.0210.~~ Sec. 5164.92. As used in this section, "advanced	98811
diagnostic imaging services" means magnetic resonance imaging	98812
services, computed tomography services, positron emission	98813
tomography services, cardiac nuclear medicine services, and	98814
similar imaging services.	98815

~~Not later than January 1, 2010, the~~The department of ~~job and~~	98816
~~family services~~medicaid shall implement evidence-based, best	98817
practice guidelines or protocols and decision support tools for	98818
advanced diagnostic imaging services ~~available under~~covered by	98819
the fee-for-service component of the medicaid program.	98820

~~Sec. 5111.0215.~~ Sec. 5164.93. (A) The department of ~~job and family~~	98821
~~services~~medicaid may establish a program under which it provides	98822
incentive payments, as authorized by the "~~Health Information~~	98823
~~Technology for Economic and Clinical Health~~Social Security Act,"	98824
~~123 Stat. 489 (2009)~~section 1903(a)(3)(F) and (t), 42 U.S.C.	98825
1396b(a)(3)(F) and ~~1396b~~(t), ~~as amended,~~ to encourage the adoption	98826
and use of electronic health record technology by medicaid	98827
providers who are identified under that federal law as eligible	98828
professionals.	98829

(B) After the department has made a determination regarding	98830
the amount of a medicaid provider's electronic health record	98831
incentive payment or the denial of an incentive payment, the	98832
department shall notify the provider. The provider may request	98833
that the department reconsider its determination.	98834

A request for reconsideration shall be submitted in writing	98835
to the department not later than fifteen days after the provider	98836
receives notification of the determination. The request shall be	98837
accompanied by written materials setting forth the basis for, and	98838
supporting, the reconsideration request.	98839

On receipt of a timely request, the department shall	98840
reconsider the determination. On the basis of the written	98841
materials accompanying the request, the department may uphold,	98842
reverse, or modify its original determination. The department	98843
shall mail to the provider by certified mail a written notice of	98844
the reconsideration decision.	98845

In accordance with Chapter 2505. of the Revised Code, the	98846
medicaid provider may appeal the reconsideration decision by	98847
filing a notice of appeal with the court of common pleas of	98848
Franklin county. The notice shall identify the decision being	98849
appealed and the specific grounds for the appeal. The notice of	98850
appeal shall be filed not later than fifteen days after the	98851
department mails its notice of the reconsideration decision. A	98852
copy of the notice of appeal shall be filed with the department	98853
not later than three days after the notice is filed with the	98854
court.	98855

(C) The medicaid director ~~of job and family services~~ may	98856
adopt rules ~~in accordance with Chapter 119.~~under section 5162.02	98857
of the Revised Code as necessary to implement this section. The	98858
rules, if any, shall be adopted in accordance with Chapter 119. of	98859
the Revised Code.	98860

~~Sec. 5111.20.~~ Sec. 5165.01. As used in ~~sections 5111.20 to~~	98861
~~5111.331 of the Revised Code~~this chapter:	98862

(A) "Affiliated operator" means an operator affiliated with	98863
either of the following:	98864

(1) The exiting operator for whom the affiliated operator is	98865
to assume liability for the entire amount of the exiting	98866
operator's debt under the medicaid program or the portion of the	98867
debt that represents the franchise permit fee the exiting operator	98868
owes;	98869

(2) The entering operator involved in the change of operator	98870
with the exiting operator specified in division (A)(1) of this	98871
section.	98872

(B) "Allowable costs" are ~~those~~a nursing facility's costs	98873
~~determined by~~that the department of ~~job and family services to be~~	98874
medicaid determines are reasonable ~~and do not include fines~~. Fines	98875
paid under sections ~~5111.35~~5165.60 to ~~5111.61~~5165.89 and section	98876
~~5111.99~~5165.99 of the Revised Code are not allowable costs.	98877

~~(B)~~(C) "Ancillary and support costs" means all reasonable	98878
costs incurred by a nursing facility other than direct care costs,	98879
tax costs, or capital costs. "Ancillary and support costs"	98880
includes, but is not limited to, costs of activities, social	98881
services, pharmacy consultants, habilitation supervisors,	98882
qualified mental retardation professionals, program directors,	98883
medical and habilitation records, program supplies, incontinence	98884
supplies, food, enterals, dietary supplies and personnel, laundry,	98885
housekeeping, security, administration, medical equipment,	98886
utilities, liability insurance, bookkeeping, purchasing	98887
department, human resources, communications, travel, dues, license	98888
fees, subscriptions, home office costs not otherwise allocated,	98889
legal services, accounting services, minor equipment, maintenance	98890
and repairs, help-wanted advertising, informational advertising,	98891
start-up costs, organizational expenses, other interest, property	98892
insurance, employee training and staff development, employee	98893
benefits, payroll taxes, and workers' compensation premiums or	98894
costs for self-insurance claims and related costs as specified in	98895
rules adopted ~~by the director of job and family services~~ under	98896
section ~~5111.02~~5165.02 of the Revised Code, for personnel listed	98897
in this division. "Ancillary and support costs" also means the	98898
cost of equipment, including vehicles, acquired by operating lease	98899
executed before December 1, 1992, if the costs are reported as	98900
administrative and general costs on the nursing facility's cost	98901
report for the cost reporting period ending December 31, 1992.	98902

~~(C)~~(D)(1) "Capital costs" means ~~costs of ownership and, in~~	98903
~~the case of an intermediate care facility for the mentally~~	98904
~~retarded, costs of nonextensive renovation~~the actual expense	98905
incurred by a nursing facility for all of the following:	98906

(a) Depreciation and interest on any capital assets that cost	98907
five hundred dollars or more per item, including the following:	98908

(i) Buildings;

98909

(ii) Building improvements;

98910

(iii) Except as provided in division (C) of this section,	98911
equipment;	98912

(iv) Transportation equipment.

98913

(b) Amortization and interest on land improvements and	98914
leasehold improvements;	98915

98916

(d) Lease and rent of land, buildings, and equipment.

98917

(2) The costs of capital assets of less than five hundred	98918
dollars per item may be considered capital costs in accordance	98919
with a provider's practice.	98920

~~(1) "Cost of ownership" means the actual expense incurred for~~	98921
~~all of the following:~~	98922

~~(a) Depreciation and interest on any capital assets that cost~~	98923
~~five hundred dollars or more per item, including the following:~~	98924

~~(i) Buildings;~~

98925

~~(ii) Building improvements that are not approved as~~	98926
~~nonextensive renovations under section 5111.251 of the Revised~~	98927
~~Code;~~	98928

~~(iii) Except as provided in division (B) of this section,~~	98929
~~equipment;~~	98930

~~(iv) In the case of an intermediate care facility for the~~	98931
~~mentally retarded, extensive renovations;~~	98932

~~(v) Transportation equipment.~~

98933

~~(b) Amortization and interest on land improvements and~~	98934
~~leasehold improvements;~~	98935

~~(c) Amortization of financing costs;~~

98936

~~(d) Except as provided in division (K) of this section, lease~~	98937
~~and rent of land, building, and equipment.~~	98938

~~The costs of capital assets of less than five hundred dollars~~	98939
~~per item may be considered capital costs in accordance with a~~	98940
~~provider's practice.~~	98941

~~(2) "Costs of nonextensive renovation" means the actual~~	98942
~~expense incurred by an intermediate care facility for the mentally~~	98943
~~retarded for depreciation or amortization and interest on~~	98944
~~renovations that are not extensive renovations.~~	98945

~~(D)~~(E) "Capital lease" and "operating lease" shall be	98946
construed in accordance with generally accepted accounting	98947
principles.	98948

~~(E) "Case-mix score" means the measure determined under~~	98949
~~section 5111.232 of the Revised Code of the relative direct-care~~	98950
~~resources needed to provide care and habilitation to a resident of~~	98951
~~a nursing facility or intermediate care facility for the mentally~~	98952
~~retarded.~~	98953

(F) "Case-mix score" means a measure determined under section	98954
5165.192 of the Revised Code of the relative direct-care resources	98955
needed to provide care and habilitation to a nursing facility	98956
resident.	98957

(G) "Change of operator" means an entering operator becoming	98958
the operator of a nursing facility in the place of the exiting	98959
operator.	98960

(1) Actions that constitute a change of operator include the	98961
following:	98962

(a) A change in an exiting operator's form of legal	98963
organization, including the formation of a partnership or	98964
corporation from a sole proprietorship;	98965

(b) A transfer of all the exiting operator's ownership	98966
interest in the operation of the nursing facility to the entering	98967
operator, regardless of whether ownership of any or all of the	98968
real property or personal property associated with the nursing	98969
facility is also transferred;	98970

(c) A lease of the nursing facility to the entering operator	98971
or the exiting operator's termination of the exiting operator's	98972
lease;	98973

(d) If the exiting operator is a partnership, dissolution of	98974
the partnership;	98975

(e) If the exiting operator is a partnership, a change in	98976
composition of the partnership unless both of the following apply:	98977

(i) The change in composition does not cause the	98978
partnership's dissolution under state law.	98979

(ii) The partners agree that the change in composition does	98980
not constitute a change in operator.	98981

(f) If the operator is a corporation, dissolution of the	98982
corporation, a merger of the corporation into another corporation	98983
that is the survivor of the merger, or a consolidation of one or	98984
more other corporations to form a new corporation.	98985

(2) The following, alone, do not constitute a change of	98986
operator:	98987

(a) A contract for an entity to manage a nursing facility as	98988
the operator's agent, subject to the operator's approval of daily	98989
operating and management decisions;	98990

(b) A change of ownership, lease, or termination of a lease	98991
of real property or personal property associated with a nursing	98992
facility if an entering operator does not become the operator in	98993
place of an exiting operator;	98994

(c) If the operator is a corporation, a change of one or more	98995
members of the corporation's governing body or transfer of	98996
ownership of one or more shares of the corporation's stock, if the	98997
same corporation continues to be the operator.	98998

(H) "Cost center" means the following:

98999

(1) Ancillary and support costs;

99000

(2) Capital costs;

99001

(3) Direct care costs;

99002

(4) Tax costs.

99003

(I) "Custom wheelchair" means a wheelchair to which both of	99004
the following apply:	99005

(1) It has been measured, fitted, or adapted in consideration	99006
of either of the following:	99007

(a) The body size or disability of the individual who is to	99008
use the wheelchair;	99009

(b) The individual's period of need for, or intended use of,	99010
the wheelchair.	99011

(2) It has customized features, modifications, or components,	99012
such as adaptive seating and positioning systems, that the	99013
supplier who assembled the wheelchair, or the manufacturer from	99014
which the wheelchair was ordered, added or made in accordance with	99015
the instructions of the physician of the individual who is to use	99016
the wheelchair.	99017

(J)(1) "Date of licensure," ~~for a~~means the following:

99018

(a) In the case of a nursing facility ~~originally~~that was	99019
required by law to be licensed as a nursing home under Chapter	99020
3721. of the Revised Code when it originally began to be operated	99021
as a nursing home, ~~means~~ the date ~~specific beds were~~the nursing	99022
facility was originally so licensed ~~as nursing home beds under~~	99023
~~that chapter, regardless of whether they were subsequently~~	99024
~~licensed as residential facility beds under section 5123.19 of the~~	99025
~~Revised Code. For a facility originally licensed as a residential~~	99026
~~facility under section 5123.19 of the Revised Code, "date of~~	99027
~~licensure" means the date specific beds were originally licensed~~	99028
~~as residential facility beds under that section.~~;	99029

If(b) In the case of a nursing ~~home beds licensed under~~	99030
~~Chapter 3721. of the Revised Code or residential facility beds~~	99031
~~licensed under section 5123.19 of the Revised Code were~~facility	99032
that was not required by law to be licensed as a nursing home when	99033
~~they were~~it originally ~~used to provide~~began to be operated as a	99034
nursing home ~~or residential facility services~~, ~~"date of licensure"~~	99035
~~means~~ the date ~~the beds~~it first ~~were used to provide~~began to be	99036
operated as a nursing home ~~or residential facility services~~,	99037
regardless of the date the ~~present provider obtained licensure~~	99038
nursing facility was first licensed as a nursing home.	99039

(2) If ~~a facility adds~~, after a nursing facility's original	99040
date of licensure, more nursing home beds ~~or residential facility~~	99041
~~beds or extensively renovatesall or part of the facility after~~	99042
~~its original date of licensure~~are added to the nursing facility,	99043
~~it will have~~the nursing facility has a different date of	99044
licensure for the additional beds ~~or extensively renovated portion~~	99045
~~of the facility, unless the beds are added in a space~~. This does	99046
not apply, however, to additional beds when both of the following	99047
apply:	99048

(a) The additional beds are located in a part of the nursing	99049
facility that was constructed at the same time as the ~~previously~~	99050
~~licensed~~continuing beds ~~but~~already located in that part of the	99051
nursing facility;	99052

(b) The part of the nursing facility in which the additional	99053
beds are located was constructed as part of the nursing facility	99054
at a time when the nursing facility was not required by law to be	99055
licensed ~~under Chapter 3721. or section 5123.19 of the Revised~~	99056
~~Code at that time~~as a nursing home.	99057

~~(2)~~(3) The definition of "date of licensure" in this section	99058
applies in determinations of ~~the~~nursing facilities' medicaid	99059
~~reimbursement rate for a nursing facility or intermediate care~~	99060
~~facility for the mentally retarded~~payment rates but does not	99061
apply in determinations of ~~the~~nursing facilities' franchise	99062
permit ~~fee for a nursing facility or intermediate care facility~~	99063
~~for the mentally retarded~~fees.	99064

~~(G)~~(K) "Desk-reviewed" means that a nursing facility's costs	99065
as reported on a cost report submitted under section ~~5111.26~~	99066
5165.10 of the Revised Code have been subjected to a desk review	99067
under ~~division (A) of~~ section ~~5111.27~~5165.108 of the Revised Code	99068
and preliminarily determined to be allowable costs.	99069

~~(H)~~(L) "Direct care costs" means all of the following costs	99070
incurred by a nursing facility:	99071

(1)~~(a)~~ Costs for registered nurses, licensed practical	99072
nurses, and nurse aides employed by the nursing facility;	99073

~~(b)~~(2) Costs for direct care staff, administrative nursing	99074
staff, medical directors, respiratory therapists, and except as	99075
provided in division ~~(H)(2)~~(L)(8) of this section, other persons	99076
holding degrees qualifying them to provide therapy;	99077

~~(c)~~(3) Costs of purchased nursing services;

99078

~~(d)~~(4) Costs of quality assurance;

99079

~~(e)~~(5) Costs of training and staff development, employee	99080
benefits, payroll taxes, and workers' compensation premiums or	99081
costs for self-insurance claims and related costs as specified in	99082
rules adopted ~~by the director of job and family services in~~	99083
~~accordance with Chapter 119.~~under section 5165.02 of the Revised	99084
Code, for personnel listed in divisions ~~(H)~~(L)(1)~~(a)~~, ~~(b)~~(2), ~~and~~	99085
~~(d)~~(4), and (8) of this section;	99086

~~(f)~~(6) Costs of consulting and management fees related to	99087
direct care;	99088

~~(g)~~(7) Allocated direct care home office costs.

99089

~~(2) In addition to the costs specified in division (H)(1) of~~	99090
~~this section, for nursing facilities only, direct care costs~~	99091
~~include costs~~;	99092

(8) Costs of habilitation staff (other than habilitation	99093
supervisors), medical supplies, oxygen, over-the-counter pharmacy	99094
products, behavioral and mental health services, physical	99095
therapists, physical therapy assistants, occupational therapists,	99096
occupational therapy assistants, speech therapists, audiologists,	99097
habilitation supplies, ~~wheelchairs,~~ resident transportation, and	99098
universal precautions supplies.;	99099

~~(3) In addition to the costs specified in division (H)(1) of~~	99100
~~this section, for intermediate care facilities for the mentally~~	99101
~~retarded only, direct care costs include both of the following:~~	99102

~~(a) Costs for physical therapists and physical therapy~~	99103
~~assistants, occupational therapists and occupational therapy~~	99104
~~assistants, speech therapists, audiologists, habilitation staff~~	99105
~~(including habilitation supervisors), qualified mental retardation~~	99106
~~professionals, program directors, social services staff,~~	99107
~~activities staff, off-site day programming, psychologists and~~	99108
~~psychology assistants, and social workers and counselors;~~	99109

~~(b) Costs of training and staff development, employee~~	99110
~~benefits, payroll taxes, and workers' compensation premiums or~~	99111
~~costs for self-insurance claims and related costs as specified in~~	99112
~~rules adopted under section 5111.02 of the Revised Code, for~~	99113
~~personnel listed in division (H)(3)(a) of this section.~~	99114

~~(4)~~(9) Costs of wheelchairs other than the following:

99115

(a) Custom wheelchairs;

99116

(b) Repairs to and replacements of custom wheelchairs and	99117
parts that are made in accordance with the instructions of the	99118
physician of the individual who uses the custom wheelchair.	99119

(10) Costs of other direct-care resources that are specified	99120
as direct care costs in rules adopted under section ~~5111.02~~	99121
5165.02 of the Revised Code.	99122

~~(I)~~(M) "Dual eligible individual" has the same meaning as in	99123
section 5160.01 of the Revised Code.	99124

(N) "Effective date of a change of operator" means the day	99125
the entering operator becomes the operator of the nursing	99126
facility.	99127

(O) "Effective date of a facility closure" means the last day	99128
that the last of the residents of the nursing facility resides in	99129
the nursing facility.	99130

(P) "Effective date of an involuntary termination" means the	99131
date the department of medicaid terminates the operator's provider	99132
agreement for the nursing facility.	99133

(Q) "Effective date of a voluntary withdrawal of	99134
participation" means the day the nursing facility ceases to accept	99135
new medicaid residents other than the individuals who reside in	99136
the nursing facility on the day before the effective date of the	99137
voluntary withdrawal of participation.	99138

(R) "Entering operator" means the person or government entity	99139
that will become the operator of a nursing facility when a change	99140
of operator occurs or following an involuntary termination.	99141

(S) "Exiting operator" means any of the following:

99142

(1) An operator that will cease to be the operator of a	99143
nursing facility on the effective date of a change of operator;	99144

(2) An operator that will cease to be the operator of a	99145
nursing facility on the effective date of a facility closure;	99146

(3) An operator of a nursing facility that is undergoing or	99147
has undergone a voluntary withdrawal of participation;	99148

(4) An operator of a nursing facility that is undergoing or	99149
has undergone an involuntary termination.	99150

(T)(1) Subject to divisions (T)(2) and (3) of this section,	99151
"facility closure" means either of the following:	99152

(a) Discontinuance of the use of the building, or part of the	99153
building, that houses the facility as a nursing facility that	99154
results in the relocation of all of the nursing facility's	99155
residents;	99156

(b) Conversion of the building, or part of the building, that	99157
houses a nursing facility to a different use with any necessary	99158
license or other approval needed for that use being obtained and	99159
one or more of the nursing facility's residents remaining in the	99160
building, or part of the building, to receive services under the	99161
new use.	99162

(2) A facility closure occurs regardless of any of the	99163
following:	99164

(a) The operator completely or partially replacing the	99165
nursing facility by constructing a new nursing facility or	99166
transferring the nursing facility's license to another nursing	99167
facility;	99168

(b) The nursing facility's residents relocating to another of	99169
the operator's nursing facilities;	99170

(c) Any action the department of health takes regarding the	99171
nursing facility's medicaid certification that may result in the	99172
transfer of part of the nursing facility's survey findings to	99173
another of the operator's nursing facilities;	99174

(d) Any action the department of health takes regarding the	99175
nursing facility's license under Chapter 3721. of the Revised	99176
Code.	99177

(3) A facility closure does not occur if all of the nursing	99178
facility's residents are relocated due to an emergency evacuation	99179
and one or more of the residents return to a medicaid-certified	99180
bed in the nursing facility not later than thirty days after the	99181
evacuation occurs.	99182

(U) "Fiscal year" means the fiscal year of this state, as	99183
specified in section 9.34 of the Revised Code.	99184

~~(J)~~(V) "Franchise permit fee" means ~~the following:~~

99185

~~(1) In the context of nursing facilities,~~ the fee imposed by	99186
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code;	99187

~~(2) In the context of intermediate care facilities for the~~	99188
~~mentally retarded, the fee imposed by sections 5112.30 to 5112.39~~	99189
~~of the Revised Code~~.	99190

~~(K) "Indirect care costs" means all reasonable costs incurred~~	99191
~~by an intermediate care facility for the mentally retarded other~~	99192
~~than direct care costs, other protected costs, or capital costs.~~	99193
~~"Indirect care costs" includes but is not limited to costs of~~	99194
~~habilitation supplies, pharmacy consultants, medical and~~	99195
~~habilitation records, program supplies, incontinence supplies,~~	99196
~~food, enterals, dietary supplies and personnel, laundry,~~	99197
~~housekeeping, security, administration, liability insurance,~~	99198
~~bookkeeping, purchasing department, human resources,~~	99199
~~communications, travel, dues, license fees, subscriptions, home~~	99200
~~office costs not otherwise allocated, legal services, accounting~~	99201
~~services, minor equipment, maintenance and repairs, help-wanted~~	99202
~~advertising, informational advertising, start-up costs,~~	99203
~~organizational expenses, other interest, property insurance,~~	99204
~~employee training and staff development, employee benefits,~~	99205
~~payroll taxes, and workers' compensation premiums or costs for~~	99206
~~self-insurance claims and related costs as specified in rules~~	99207
~~adopted under section 5111.02 of the Revised Code, for personnel~~	99208
~~listed in this division. Notwithstanding division (C)(1) of this~~	99209
~~section, "indirect care costs" also means the cost of equipment,~~	99210
~~including vehicles, acquired by operating lease executed before~~	99211
~~December 1, 1992, if the costs are reported as administrative and~~	99212
~~general costs on the facility's cost report for the cost reporting~~	99213
~~period ending December 31, 1992.~~	99214

~~(L)~~(W) "Inpatient days" means ~~the following:~~

99215

~~(1) In the context of a nursing facility,~~ both of the	99216
following:	99217

~~(a)~~(1) All days during which a resident, regardless of	99218
payment source, occupies a bed in a nursing facility that is	99219
included in the nursing facility's ~~certified~~medicaid-certified	99220
capacity ~~under Title XIX~~;	99221

~~(b)~~(2) Fifty per cent of the days for which payment is made	99222
under section ~~5111.331~~5165.34 of the Revised Code.	99223

~~(2) In the context of an intermediate care facility for the~~	99224
~~mentally retarded, both of the following:~~	99225

~~(a) All days during which a resident, regardless of payment~~	99226
~~source, occupies a bed in an intermediate care facility for the~~	99227
~~mentally retarded that is included in the facility's certified~~	99228
~~capacity under Title XIX;~~	99229

~~(b) All days for which payment is made under section 5111.33~~	99230
~~of the Revised Code.~~	99231

~~(M) "Intermediate care facility for the mentally retarded"~~	99232
~~means an intermediate care facility for the mentally retarded~~	99233
~~certified as in compliance with applicable standards for the~~	99234
~~medicaid program by the director of health in accordance with~~	99235
~~Title XIX.~~	99236

~~(N)~~(X) "Involuntary termination" means the department of	99237
medicaid's termination of the operator's provider agreement for	99238
the nursing facility when the termination is not taken at the	99239
operator's request.	99240

(Y) "Low resource utilization resident" means a medicaid	99241
recipient residing in a nursing facility who, for purposes of	99242
calculating the nursing facility's medicaid payment rate for	99243
direct care costs, is placed in either of the two lowest resource	99244
utilization groups, excluding any resource utilization group that	99245
is a default group used for residents with incomplete assessment	99246
data.	99247

(Z) "Maintenance and repair expenses" means~~, except as~~	99248
~~provided in division (BB)(2) of this section,~~a nursing facility's	99249
expenditures that are necessary and proper to maintain an asset in	99250
a normally efficient working condition and that do not extend the	99251
useful life of the asset two years or more. "Maintenance and	99252
repair expenses" includes but is not limited to the ~~cost~~costs of	99253
ordinary repairs such as painting and wallpapering.	99254

~~(O)~~(AA) "Medicaid-certified capacity" means the number of a	99255
nursing facility's beds that are certified for participation in	99256
medicaid as nursing facility beds.	99257

(BB) "Medicaid days" means ~~the following:~~

99258

~~(1) In the context of a nursing facility,~~ both of the	99259
following:	99260

~~(a)~~(1) All days during which a resident who is a medicaid	99261
recipient eligible for nursing facility services occupies a bed in	99262
a nursing facility that is included in the nursing facility's	99263
~~certified~~medicaid-certified capacity ~~under Title XIX~~;	99264

~~(b)~~(2) Fifty per cent of the days for which payment is made	99265
under section ~~5111.331~~5165.34 of the Revised Code.	99266

~~(2) In the context of an intermediate care facility for the~~	99267
~~mentally retarded, both of the following:~~	99268

~~(a) All days during which a resident who is a medicaid~~	99269
~~recipient eligible for intermediate care facility for the mentally~~	99270
~~retarded services occupies a bed in an intermediate care facility~~	99271
~~for the mentally retarded that is included in the facility's~~	99272
~~certified capacity under Title XIX;~~	99273

~~(b) All days for which payment is made under section 5111.33~~	99274
~~of the Revised Code.~~	99275

~~(P)~~(CC)(1) "New nursing facility" means a nursing facility	99276
for which the provider obtains an initial provider agreement	99277
following medicaid certification of the nursing facility by the	99278
director of health, including such a nursing facility that	99279
replaces one or more nursing facilities for which a provider	99280
previously held a provider agreement.	99281

(2) "New nursing facility" does not mean a nursing facility	99282
for which the entering operator seeks a provider agreement	99283
pursuant to section 5165.511 or 5165.512 or (pursuant to section	99284
5165.515) section 5165.07 of the Revised Code.	99285

(DD) "Nursing facility" ~~means a facility, or a distinct part~~	99286
~~of a facility, that is certified as a nursing facility by the~~	99287
~~director of health in accordance with Title XIX and is not an~~	99288
~~intermediate care facility for the mentally retarded. "Nursing~~	99289
~~facility" includes a facility, or a distinct part of a facility,~~	99290
~~that is certified as a nursing facility by the director of health~~	99291
~~in accordance with Title XIX and is certified as a skilled nursing~~	99292
~~facility by the director in accordance with Title XVIII~~has the	99293
same meaning as in the "Social Security Act," section 1919(a), 42	99294
U.S.C. 1396r(a).	99295

~~(Q)~~(EE) "Nursing facility services" has the same meaning as	99296
in the "Social Security Act," section 1905(f), 42 U.S.C. 1396d(f).	99297

(FF) "Nursing home" has the same meaning as in section	99298
3721.01 of the Revised Code.	99299

(GG) "Operator" means the person or government entity	99300
responsible for the daily operating and management decisions for a	99301
nursing facility ~~or intermediate care facility for the mentally~~	99302
~~retarded~~.	99303

~~(R) "Other protected costs" means costs incurred by an~~	99304
~~intermediate care facility for the mentally retarded for medical~~	99305
~~supplies; real estate, franchise, and property taxes; natural gas,~~	99306
~~fuel oil, water, electricity, sewage, and refuse and hazardous~~	99307
~~medical waste collection; allocated other protected home office~~	99308
~~costs; and any additional costs defined as other protected costs~~	99309
~~in rules adopted under section 5111.02 of the Revised Code.~~	99310

~~(S)~~(HH)(1) "Owner" means any person or government entity that	99311
has at least five per cent ownership or interest, either directly,	99312
indirectly, or in any combination, in any of the following	99313
regarding a nursing facility ~~or intermediate care facility for the~~	99314
~~mentally retarded~~:	99315

(a) The land on which the nursing facility is located;

99316

(b) The structure in which the nursing facility is located;

99317

(c) Any mortgage, contract for deed, or other obligation	99318
secured in whole or in part by the land or structure on or in	99319
which the nursing facility is located;	99320

(d) Any lease or sublease of the land or structure on or in	99321
which the nursing facility is located.	99322

(2) "Owner" does not mean a holder of a debenture or bond	99323
related to the nursing facility ~~or intermediate care facility for~~	99324
~~the mentally retarded~~ and purchased at public issue or a regulated	99325
lender that has made a loan related to the nursing facility unless	99326
the holder or lender operates the nursing facility directly or	99327
through a subsidiary.	99328

~~(T) "Patient" includes "resident."~~

99329

~~(U) Except as provided in divisions (U)(1) and (2) of this~~	99330
~~section, "per~~(II) "Per diem" means a nursing facility's or	99331
~~intermediate care facility for the mentally retarded's~~ actual,	99332
allowable costs in a given cost center in a cost reporting period,	99333
divided by the nursing facility's inpatient days for that cost	99334
reporting period.	99335

~~(1) When calculating indirect care costs for the purpose of~~	99336
~~establishing rates under section 5111.241 of the Revised Code,~~	99337
~~"per diem" means an intermediate care facility for the mentally~~	99338
~~retarded's actual, allowable indirect care costs in a cost~~	99339
~~reporting period divided by the greater of the facility's~~	99340
~~inpatient days for that period or the number of inpatient days the~~	99341
~~facility would have had during that period if its occupancy rate~~	99342
~~had been eighty-five per cent.~~	99343

~~(2) When calculating capital costs for the purpose of~~	99344
~~establishing rates under section 5111.251 of the Revised Code,~~	99345
~~"per diem" means a facility's actual, allowable capital costs in a~~	99346
~~cost reporting period divided by the greater of the facility's~~	99347
~~inpatient days for that period or the number of inpatient days the~~	99348
~~facility would have had during that period if its occupancy rate~~	99349
~~had been ninety-five per cent.~~	99350

~~(V)~~(JJ) "Provider" means an operator with a provider	99351
agreement.	99352

~~(W)~~(KK) "Provider agreement" means a ~~contract~~provider	99353
agreement, as defined in section 5164.01 of the Revised Code, that	99354
is between the department of ~~job and family services~~medicaid and	99355
the operator of a nursing facility ~~or intermediate care facility~~	99356
~~for the mentally retarded~~ for the provision of nursing facility	99357
services ~~or intermediate care facility services for the mentally~~	99358
~~retarded~~ under the medicaid program.	99359

~~(X)~~(LL) "Purchased nursing services" means services that are	99360
provided in a nursing facility by registered nurses, licensed	99361
practical nurses, or nurse aides who are not employees of the	99362
nursing facility.	99363

~~(Y)~~(MM) "Reasonable" means that a cost is an actual cost that	99364
is appropriate and helpful to develop and maintain the operation	99365
of patient care facilities and activities, including normal	99366
standby costs, and that does not exceed what a prudent buyer pays	99367
for a given item or services. Reasonable costs may vary from	99368
provider to provider and from time to time for the same provider.	99369

~~(Z)~~(NN) "Related party" means an individual or organization	99370
that, to a significant extent, has common ownership with, is	99371
associated or affiliated with, has control of, or is controlled	99372
by, the provider.	99373

(1) An individual who is a relative of an owner is a related	99374
party.	99375

(2) Common ownership exists when an individual or individuals	99376
possess significant ownership or equity in both the provider and	99377
the other organization. Significant ownership or equity exists	99378
when an individual or individuals possess five per cent ownership	99379
or equity in both the provider and a supplier. Significant	99380
ownership or equity is presumed to exist when an individual or	99381
individuals possess ten per cent ownership or equity in both the	99382
provider and another organization from which the provider	99383
purchases or leases real property.	99384

(3) Control exists when an individual or organization has the	99385
power, directly or indirectly, to significantly influence or	99386
direct the actions or policies of an organization.	99387

(4) An individual or organization that supplies goods or	99388
services to a provider shall not be considered a related party if	99389
all of the following conditions are met:	99390

(a) The supplier is a separate bona fide organization.

99391

(b) A substantial part of the supplier's business activity of	99392
the type carried on with the provider is transacted with others	99393
than the provider and there is an open, competitive market for the	99394
types of goods or services the supplier furnishes.	99395

(c) The types of goods or services are commonly obtained by	99396
other nursing facilities ~~or intermediate care facilities for the~~	99397
~~mentally retarded~~ from outside organizations and are not a basic	99398
element of patient care ordinarily furnished directly to patients	99399
by ~~the~~nursing facilities.	99400

(d) The charge to the provider is in line with the charge for	99401
the goods or services in the open market and no more than the	99402
charge made under comparable circumstances to others by the	99403
supplier.	99404

~~(AA)~~(OO) "Relative of owner" means an individual who is	99405
related to an owner of a nursing facility ~~or intermediate care~~	99406
~~facility for the mentally retarded~~ by one of the following	99407
relationships:	99408

(1) Spouse;

99409

(2) Natural parent, child, or sibling;

99410

(3) Adopted parent, child, or sibling;

99411

(4) Stepparent, stepchild, stepbrother, or stepsister;

99412

(5) Father-in-law, mother-in-law, son-in-law,	99413
daughter-in-law, brother-in-law, or sister-in-law;	99414

(6) Grandparent or grandchild;

99415

(7) Foster caregiver, foster child, foster brother, or foster	99416
sister.	99417

~~(BB) "Renovation" and "extensive renovation" mean:~~

99418

~~(1) Any betterment, improvement, or restoration of an~~	99419
~~intermediate care facility for the mentally retarded started~~	99420
~~before July 1, 1993, that meets the definition of a renovation or~~	99421
~~extensive renovation established in rules adopted by the director~~	99422
~~of job and family services in effect on December 22, 1992.~~	99423

~~(2) In the case of betterments, improvements, and~~	99424
~~restorations of intermediate care facilities for the mentally~~	99425
~~retarded started on or after July 1, 1993:~~	99426

~~(a) "Renovation" means the betterment, improvement, or~~	99427
~~restoration of an intermediate care facility for the mentally~~	99428
~~retarded beyond its current functional capacity through a~~	99429
~~structural change that costs at least five hundred dollars per~~	99430
~~bed. A renovation may include betterment, improvement,~~	99431
~~restoration, or replacement of assets that are affixed to the~~	99432
~~building and have a useful life of at least five years. A~~	99433
~~renovation may include costs that otherwise would be considered~~	99434
~~maintenance and repair expenses if they are an integral part of~~	99435
~~the structural change that makes up the renovation project.~~	99436
~~"Renovation" does not mean construction of additional space for~~	99437
~~beds that will be added to a facility's licensed or certified~~	99438
~~capacity.~~	99439

~~(b) "Extensive renovation" means a renovation that costs more~~	99440
~~than sixty-five per cent and no more than eighty-five per cent of~~	99441
~~the cost of constructing a new bed and that extends the useful~~	99442
~~life of the assets for at least ten years.~~	99443

~~For the purposes of division (BB)(2) of this section, the~~	99444
~~cost of constructing a new bed shall be considered to be forty~~	99445
~~thousand dollars, adjusted for the estimated rate of inflation~~	99446
~~from January 1, 1993, to the end of the calendar year during which~~	99447
~~the renovation is completed, using the consumer price index for~~	99448
~~shelter costs for all urban consumers for the north central~~	99449
~~region, as published by the United States bureau of labor~~	99450
~~statistics.~~	99451

~~The department of job and family services may treat a~~	99452
~~renovation that costs more than eighty-five per cent of the cost~~	99453
~~of constructing new beds as an extensive renovation if the~~	99454
~~department determines that the renovation is more prudent than~~	99455
~~construction of new beds.~~	99456

~~(CC)~~(PP) "Residents' rights advocate" has the same meaning as	99457
in section 3721.10 of the Revised Code.	99458

(QQ) "Skilled nursing facility" has the same meaning as in	99459
the "Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	99460

(RR) "Sponsor" has the same meaning as in section 3721.10 of	99461
the Revised Code.	99462

(SS) "Tax costs" means the costs of taxes imposed under	99463
Chapter 5751. of the Revised Code, real estate taxes, personal	99464
property taxes, and corporate franchise taxes.	99465

~~(DD)~~(TT) "Title XIX" means Title XIX of the "Social Security	99466
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	99467

~~(EE)~~(UU) "Title XVIII" means Title XVIII of the "Social	99468
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	99469
seq.	99470

(VV) "Voluntary withdrawal of participation" means an	99471
operator's voluntary election to terminate the participation of a	99472
nursing facility in the medicaid program but to continue to	99473
provide service of the type provided by a nursing facility.	99474

~~Sec. 5111.201.~~ Sec. 5165.011. ~~Whenever~~(A) Except as provided in	99475
division (B) of this section, whenever "skilled nursing facility,"	99476
"intermediate care facility," or "dual skilled nursing and	99477
intermediate care facility" is referred to or designated in any	99478
statute, rule, contract, provider agreement, or other document	99479
pertaining to the ~~medical assistance~~medicaid program, the	99480
reference or designation is deemed to refer to a nursing facility,	99481
~~except that a~~.	99482

(B) A reference to or designation of an "intermediate care	99483
facility for the mentally retarded" or "ICF/MR" is not deemed to	99484
refer to a nursing facility.	99485

Sec. 5165.02. The medicaid director shall adopt rules as	99486
necessary to implement this chapter. The rules shall be adopted in	99487
accordance with Chapter 119. of the Revised Code.	99488

~~Sec. 5111.202.~~ Sec. 5165.03. (A) As used in this section:

99489

(1) "Dementia" includes Alzheimer's disease or a related	99490
disorder.	99491

(2) "Serious mental illness" means "serious mental illness,"	99492
as defined by the United States department of health and human	99493
services in regulations adopted under ~~section 1919(e)(7)(G)(i) of~~	99494
the "Social Security Act," ~~49 Stat. 620 (1935)~~section	99495
1919(e)(7)(G)(i), 42 U.S.C.~~A. 301, as amended~~1396r(e)(7)(G)(i).	99496

(3) "Mentally ill individual" means an individual who has a	99497
serious mental illness other than either of the following:	99498

(a) A primary diagnosis of dementia;

99499

(b) A primary diagnosis that is not a primary diagnosis of	99500
dementia and a primary diagnosis of something other than a serious	99501
mental illness.	99502

(4) "Mentally retarded individual" means an individual who is	99503
mentally retarded or has a related condition, as described in	99504
~~section 1905(d) of~~ the "Social Security Act.," section 1905(d), 42	99505
U.S.C. 1396d(d).	99506

(5) "Specialized services" means the services specified by	99507
the United States department of health and human services in	99508
regulations adopted under ~~section 1919(e)(7)(G)(iii) of~~ the	99509
"Social Security Act.," section 1919(e)(7)(G)(iii), 42 U.S.C.	99510
1396r(e)(7)(G)(iii).	99511

(B)(1) Except as provided in division (D) of this section, no	99512
nursing facility shall admit as a resident any mentally ill	99513
individual unless the facility has received evidence that the	99514
department of ~~mental health~~mental health and addiction services	99515
has determined both of the following under section ~~5119.061~~	99516
5119.40 of the Revised Code:	99517

(a) That the individual requires the level of services	99518
provided by a nursing facility because of the individual's	99519
physical and mental condition;	99520

(b) Whether the individual requires specialized services for	99521
mental illness.	99522

(2) Except as provided in division (D) of this section, no	99523
nursing facility shall admit as a resident any mentally retarded	99524
individual unless the facility has received evidence that the	99525
department of developmental disabilities has determined both of	99526
the following under section 5123.021 of the Revised Code:	99527

(a) That the individual requires the level of services	99528
provided by a nursing facility because of the individual's	99529
physical and mental condition;	99530

(b) Whether the individual requires specialized services for	99531
mental retardation.	99532

(C) The department of ~~job and family services~~medicaid shall	99533
not make medicaid payments ~~under the medical assistance program~~ to	99534
a nursing facility on behalf of any individual who is admitted to	99535
the facility in violation of division (B) of this section for the	99536
period beginning on the date of admission and ending on the date	99537
the requirements of division (B) of this section are met.	99538

(D) A determination under division (B) of this section is not	99539
required for any individual who is exempted from the requirement	99540
that a determination be made by division (B)(2) of section	99541
~~5119.061~~5119.40 of the Revised Code or rules adopted by the	99542
department of ~~mental health~~mental health and addiction services	99543
under division (E)(3) of that section, or by division (B)(2) of	99544
section 5123.021 of the Revised Code or rules adopted by the	99545
department of developmental disabilities under division (E)(3) of	99546
that section.	99547

~~Sec. 5111.203.~~ Sec. 5165.031. ~~Regardless of whether or not an~~	99548
~~applicant~~An individual who applies for admission to ~~a nursing~~	99549
~~facility~~ or ~~resident of~~resides in a nursing facility ~~is an~~	99550
~~applicant for or recipient of medical assistance, the department~~	99551
of ~~job and family services~~ shall provide notice and an opportunity	99552
for a hearing to any applicant for admission to a nursing facility	99553
or resident of a nursing facility who ismay appeal if adversely	99554
affected by a determination made by the department of ~~mental~~	99555
~~health~~mental health and addiction services under section	99556
~~5119.061~~5119.40 of the Revised Code or by the department of	99557
developmental disabilities under section 5123.021 of the Revised	99558
Code. ~~The hearing shall be conducted in the same manner as~~	99559
~~hearings conducted under~~If the individual is an applicant for or	99560
recipient of medicaid, the individual may appeal pursuant to	99561
section 5160.31 of the Revised Code. If the individual is not an	99562
applicant for or recipient of medicaid, the individual may appeal	99563
pursuant to a process the department of medicaid shall establish,	99564
which shall be similar to the appeals process established by	99565
section 5101.35 of the Revised Code. The department of medicaid	99566
shall provide notice of the right to appeal to individuals	99567
adversely affected by determinations made under sections 5119.40	99568
and 5123.021 of the Revised Code. Any decision made ~~by the~~	99569
~~department of job and family services~~ on the basis of ~~the hearing~~	99570
such an appeal is binding on the department of ~~mental health~~	99571
mental health and addiction services and the department of	99572
developmental disabilities.	99573

~~Sec. 5111.204.~~ Sec. 5165.04. (A) As used in this section,	99574
"representative" means a person acting on behalf of an applicant	99575
for or recipient of medicaid. A representative may be a family	99576
member, attorney, hospital social worker, or any other person	99577
chosen to act on behalf of an applicant or recipient.	99578

(B) The department of ~~job and family services~~medicaid may	99579
require each applicant for or recipient of medicaid who applies or	99580
intends to apply for admission to a nursing facility or resides in	99581
a nursing facility to undergo an assessment to determine whether	99582
the applicant or recipient needs the level of care provided by a	99583
nursing facility. The assessment may be performed concurrently	99584
with a long-term care consultation provided under section 173.42	99585
of the Revised Code.	99586

To the maximum extent possible, the assessment shall be based	99587
on information from the resident assessment instrument specified	99588
in rules ~~adopted~~authorized by ~~the director of job and family~~	99589
~~services under division (E) of~~ section ~~5111.232~~5165.191 of the	99590
Revised Code. The assessment shall also be based on criteria and	99591
procedures established in rules ~~adopted under~~authorized by	99592
division (F) of this section and information provided by the	99593
person being assessed or the person's representative.	99594

The department of ~~job and family services~~medicaid, or if the	99595
assessment is performed by an agency under contract with the	99596
department pursuant to division (G) of this section, the agency,	99597
shall, not later than the time the level of care determination	99598
based on the assessment is required to be provided under division	99599
(C) of this section, give written notice of its conclusions and	99600
the basis for them to the person assessed and, if the department	99601
~~of job and family services~~ or agency under contract with the	99602
department has been informed that the person has a representative,	99603
to the representative.	99604

(C) The department ~~of job and family services~~ or agency under	99605
contract with the department, whichever performs the assessment,	99606
shall provide a level of care determination based on the	99607
assessment as follows:	99608

(1) In the case of a person applying or intending to apply	99609
for admission to a nursing facility while hospitalized, not later	99610
than one of the following:	99611

(a) One working day after the person or the person's	99612
representative submits the application or notifies the department	99613
of the person's intention to apply and submits all information	99614
required for providing the level of care determination, as	99615
specified in rules ~~adopted under~~authorized by division (F)(2) of	99616
this section;	99617

(b) A later date requested by the person or the person's	99618
representative.	99619

(2) In the case of a person applying or intending to apply	99620
for admission to a nursing facility who is not hospitalized, not	99621
later than one of the following:	99622

(a) Five calendar days after the person or the person's	99623
representative submits the application or notifies the department	99624
of the person's intention to apply and submits all information	99625
required for providing the level of care determination, as	99626
specified in rules ~~adopted under~~authorized by division (F)(2) of	99627
this section;	99628

(b) A later date requested by the person or the person's	99629
representative.	99630

(3) In the case of a person who resides in a nursing	99631
facility, not later than one of the following:	99632

(a) Five calendar days after the person or the person's	99633
representative submits an application for ~~medical assistance~~	99634
medicaid and submits all information required for providing the	99635
level of care determination, as specified in rules ~~adopted under~~	99636
authorized by division (F)(2) of this section;	99637

(b) A later date requested by the person or the person's	99638
representative.	99639

(4) In the case of an emergency, as specified in rules	99640
~~adopted under~~authorized by division (F)(4) of this section,	99641
within the number of days specified in the rules.	99642

(D) A person assessed under this section or the person's	99643
representative may ~~request a state hearing to dispute~~appeal the	99644
conclusions reached by the department ~~of job and family services~~	99645
or agency under contract with the department on the basis of the	99646
assessment. The ~~request for a state hearing~~appeal shall be made	99647
~~in accordance with~~pursuant to section ~~5101.35~~5160.31 of the	99648
Revised Code. The department ~~of job and family services~~ or agency	99649
under contract with the department shall provide to the person or	99650
the person's representative and the nursing facility written	99651
notice of the person's right to request a state hearing. The	99652
notice shall include an explanation of the procedure for	99653
requesting a state hearing. If a state hearing is requested, the	99654
state shall be represented in the hearing by the department ~~of job~~	99655
~~and family services~~ or the agency under contract with the	99656
department, whichever performed the assessment.	99657

(E) A nursing facility that admits or retains a person	99658
determined pursuant to an assessment required under this section	99659
not to need the level of care provided by the nursing facility	99660
shall not be ~~reimbursed~~paid under the medicaid program for the	99661
person's care.	99662

(F) The medicaid director ~~of job and family services~~ shall	99663
adopt rules ~~in accordance with Chapter 119.~~under section 5165.02	99664
of the Revised Code to implement and administer this section. The	99665
rules shall include all of the following:	99666

(1) Criteria and procedures to be used in determining whether	99667
admission to a nursing facility or continued stay in a nursing	99668
facility is appropriate for the person being assessed;	99669

(2) Information the person being assessed or the person's	99670
representative must provide to the department or agency under	99671
contract with the department for purposes of the assessment and	99672
providing a level of care determination based on the assessment;	99673

(3) Circumstances under which a person is not required to be	99674
assessed;	99675

(4) Circumstances that constitute an emergency for purposes	99676
of division (C)(4) of this section and the number of days within	99677
which a level of care determination must be provided in the case	99678
of an emergency.	99679

(G) Pursuant to section ~~5111.91~~5162.35 of the Revised Code,	99680
the department of ~~job and family services~~medicaid may enter into	99681
contracts in the form of interagency agreements with one or more	99682
other state agencies to perform the assessments required under	99683
this section. The interagency agreements shall specify the	99684
responsibilities of each agency in the performance of the	99685
assessments.	99686

~~Sec. 5111.21.~~ Sec. 5165.06. ~~(A) In order to be~~Subject to section	99687
5165.072 of the Revised Code, an operator is eligible ~~for medicaid~~	99688
~~payments, the operator of~~to enter into a provider agreement for a	99689
nursing facility ~~or intermediate care facility for the mentally~~	99690
~~retarded shall do~~if all of the following apply:	99691

~~(1) Enter into a provider agreement with the department as~~	99692
~~provided in section 5111.22, 5111.671, or 5111.672 of the Revised~~	99693
~~Code~~(A) The nursing facility is certified by the director of	99694
health for participation in medicaid;	99695

~~(2) Apply for and maintain a valid license to operate~~(B) The	99696
nursing facility is licensed by the director of health as a	99697
nursing home if so required by law;	99698

~~(3) Subject to division (B) of this section,~~(C) The operator	99699
and nursing facility comply with all applicable state and federal	99700
laws and rules.	99701

~~(B) A state rule that requires the operator of an~~	99702
~~intermediate care facility for the mentally retarded to have~~	99703
~~received approval of a plan for the proposed facility pursuant to~~	99704
~~section 5123.042 of the Revised Code as a condition of the~~	99705
~~operator being eligible for medicaid payments for the facility~~	99706
~~does not apply if, under former section 5123.193 of the Revised~~	99707
~~Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly~~	99708
~~or section 5123.197 of the Revised Code, a residential facility~~	99709
~~license was obtained or modified for the facility without~~	99710
~~obtaining approval of such a plan.~~	99711

~~(C)(1) Except as provided in division (C)(2) of this section,~~	99712
~~the operator of a nursing facility that elects to obtain and~~	99713
~~maintain eligibility for payments under the medicaid program shall~~	99714
~~qualify all of the facility's medicaid-certified beds in the~~	99715
~~medicare program established by Title XVIII. The director of job~~	99716
~~and family services may adopt rules under section 5111.02 of the~~	99717
~~Revised Code to establish the time frame in which a nursing~~	99718
~~facility must comply with this requirement.~~	99719

~~(2) The department of veterans services is not required to~~	99720
~~qualify all of the medicaid-certified beds in a nursing facility~~	99721
~~the agency maintains and operates under section 5907.01 of the~~	99722
~~Revised Code in the medicare program.~~	99723

~~Sec. 5111.22.~~ Sec. 5165.07. (A) Except as provided in section	99724
5165.072 of the Revised Code, the department of medicaid shall	99725
enter into a provider agreement with a nursing facility operator	99726
who applies, and is eligible, for the provider agreement.	99727

(B) A provider agreement ~~between the department of job and~~	99728
~~family services and the provider of a nursing facility or~~	99729
~~intermediate care facility for the mentally retarded~~ shall ~~contain~~	99730
require the ~~following provisions:~~	99731

~~(A) The~~ department ~~agrees~~ to make medicaid payments to the	99732
provider~~, as provided in sections 5111.20 to 5111.331 of the~~	99733
~~Revised Code,~~in accordance with this chapter for ~~medicaid-covered~~	99734
nursing facility services the nursing facility provides to a	99735
~~resident of the~~its residents who are medicaid recipients eligible	99736
for nursing facility ~~who is a medicaid recipient~~services. No	99737
~~payment shall be made for the day a medicaid recipient is~~	99738
~~discharged from the facility.~~	99739

~~(B) The~~(C) A provider agreement shall require the provider	99740
~~agrees~~ to do all of the following:	99741

(1) Maintain eligibility for the provider agreement as	99742
provided in section ~~5111.21~~5165.06 of the Revised Code;	99743

(2) Keep records relating to a cost reporting period for the	99744
greater of seven years after the cost report is filed or, if the	99745
department issues an audit report in accordance with ~~division (B)~~	99746
of section ~~5111.27~~5165.109 of the Revised Code, six years after	99747
all appeal rights relating to the audit report are exhausted;	99748

(3) File reports as required by the department;

99749

(4) Open all records relating to the costs of ~~its~~the nursing	99750
facility's services for inspection and audit by the department;	99751

(5) Open its premises for inspection by the department, the	99752
department of health, and any other state or local authority	99753
having authority to inspect;	99754

(6) Supply to the department such information as it requires	99755
concerning the nursing facility's services to residents who are,	99756
or are eligible to be, medicaid recipients;	99757

(7) Comply with section ~~5111.31~~5165.08 of the Revised Code.

99758

~~The~~(D) A provider agreement may contain other provisions	99759
that are consistent with law and considered necessary by the	99760
department.	99761

~~A provider agreement shall be effective for no longer than~~	99762
~~twelve months, except that if federal statute or regulations~~	99763
~~authorize a longer term, it may be effective for a longer term so~~	99764
~~authorized. A provider agreement may be renewed only if the~~	99765
~~facility is certified by the department of health for~~	99766
~~participation in the medicaid program.~~	99767

~~The department of job and family services, in accordance with~~	99768
~~rules adopted under section 5111.02 of the Revised Code, may elect~~	99769
~~not to enter into, not to renew, or to terminate a provider~~	99770
~~agreement when the department determines that such an agreement~~	99771
~~would not be in the best interests of medicaid recipients or of~~	99772
~~the state.~~	99773

~~Sec. 5111.223.~~ Sec. 5165.071. ~~The~~A nursing facility operator ~~of a~~	99774
~~nursing facility or intermediate care facility for the mentally~~	99775
~~retarded~~ may enter into provider agreements for more than one	99776
nursing facility ~~or intermediate care facility for the mentally~~	99777
~~retarded~~.	99778

Sec. 5165.072. The department of medicaid, in accordance	99779
with rules adopted under section 5165.02 of the Revised Code, may	99780
elect not to enter into, not to revalidate, or to terminate a	99781
nursing facility provider agreement when the department determines	99782
that such an agreement would not be in the best interests of	99783
medicaid recipients or the state. The department shall not	99784
revalidate a nursing facility provider agreement if the provider	99785
fails to maintain eligibility for the provider agreement as	99786
provided in section 5165.06 of the Revised Code.	99787

~~Sec. 5111.30.~~ Sec. 5165.073. The department of ~~job and family~~	99788
~~services~~medicaid shall terminate the provider agreement with a	99789
nursing facility provider that does not comply with the	99790
requirements of section 3721.071 of the Revised Code for the	99791
installation of fire extinguishing and fire alarm systems.	99792

~~Sec. 5111.31.~~ Sec. 5165.08. (A) Every provider agreement with ~~the~~	99793
a nursing facility provider ~~of a nursing facility or intermediate~~	99794
~~care facility for the mentally retarded~~ shall do both of the	99795
following:	99796

(1) Except as provided by division (B)(1) of this section,	99797
include any part of the nursing facility that meets federal and	99798
state standards for medicaid certification;	99799

(2) Prohibit the provider from doing either of the following:

99800

(a) Discriminating against a resident on the basis of race,	99801
color, sex, creed, or national origin;	99802

(b) Subject to division (D) of this section, failing or	99803
refusing to ~~retain~~do either of the following:	99804

(i) Except as otherwise prohibited under section 5165.82 of	99805
the Revised Code, admit as a resident of the nursing facility an	99806
individual because the individual is, or may (as a resident of the	99807
nursing facility) become, a medicaid recipient if less than eighty	99808
per cent of the nursing facility's residents are medicaid	99809
recipients;	99810

(ii) Retain as a ~~patient any person~~resident of the nursing	99811
facility an individual because the ~~person~~individual is, ~~becomes,~~	99812
or may (as a resident of the nursing facility) become, ~~as a~~	99813
~~patient in the facility, become~~ a medicaid recipient. ~~For the~~	99814
~~purposes of this division, a medicaid recipient who is a patient~~	99815
~~in a facility shall be considered a patient in the facility during~~	99816
~~any hospital stays totaling less than twenty-five days during any~~	99817
~~twelve-month period. Recipients who have been identified by the~~	99818
~~department of job and family services or its designee as requiring~~	99819
~~the level of care of an intermediate care facility for the~~	99820
~~mentally retarded shall not be subject to a maximum period of~~	99821
~~absences during which they are considered patients if prior~~	99822
~~authorization of the department for visits with relatives and~~	99823
~~friends and participation in therapeutic programs is obtained~~	99824
~~under rules adopted under section 5111.02 of the Revised Code.~~	99825

~~(2) Except as provided by division (B)(1) of this section,~~	99826
~~include any part of the facility that meets standards for~~	99827
~~certification of compliance with federal and state laws and rules~~	99828
~~for participation in the medicaid program.~~	99829

~~(3) Prohibit the provider from discriminating against any~~	99830
~~patient on the basis of race, color, sex, creed, or national~~	99831
~~origin.~~	99832

~~(4) Except as otherwise prohibited under section 5111.55 of~~	99833
~~the Revised Code, prohibit the provider from failing or refusing~~	99834
~~to accept a patient because the patient is, becomes, or may, as a~~	99835
~~patient in the facility, become a medicaid recipient if less than~~	99836
~~eighty per cent of the patients in the facility are medicaid~~	99837
~~recipients.~~	99838

(B)(1) Except as provided by division (B)(2) of this section,	99839
~~the following~~beds added during the period beginning July 1, 1987,	99840
and ending July 1, 1993, to a nursing home licensed under Chapter	99841
3721. of the Revised Code are not required to be included in a	99842
provider agreement unless otherwise required by federal law:	99843

~~(a) Beds added during the period beginning July 1, 1987, and~~	99844
~~ending July 1, 1993, to a nursing home licensed under Chapter~~	99845
~~3721. of the Revised Code;~~	99846

~~(b) Beds in an intermediate care facility for the mentally~~	99847
~~retarded that are designated for respite care under a medicaid~~	99848
~~waiver component operated pursuant to a waiver sought under~~	99849
~~section 5111.87 of the Revised Code~~.	99850

(2) If a provider chooses to include a bed specified in	99851
division (B)(1)(a) of this section in a provider agreement, the	99852
bed may not be removed from the provider agreement unless the	99853
provider withdraws the nursing facility in which the bed is	99854
located from the medicaid program.	99855

(C) For the purpose of division (A)(2)(b)(ii) of this	99856
section, a medicaid recipient who is a resident of a nursing	99857
facility shall be considered a resident of the nursing facility	99858
during any hospital stays totaling less than twenty-five days	99859
during any twelve-month period.	99860

(D) Nothing in this section shall bar a provider ~~that~~from	99861
doing any of the following:	99862

(1) If the provider is a religious organization operating a	99863
religious or denominational nursing facility ~~or intermediate care~~	99864
~~facility for the mentally retarded~~ from giving preference to	99865
persons of the same religion or denomination~~. Nothing in this~~	99866
~~section shall bar any provider from giving~~;	99867

(2) Giving preference to persons with whom the provider has	99868
contracted to provide continuing care.	99869

~~(D) Nothing in this section shall bar the provider of~~;

99870

(3) If the nursing facility is a county home organized under	99871
Chapter 5155. of the Revised Code ~~from~~, admitting residents	99872
exclusively from the county in which the county home is located.	99873

~~(E) No provider of a nursing facility or intermediate care~~	99874
~~facility for the mentally retarded for which a provider agreement~~	99875
~~is in effect shall violate the provider contract obligations~~	99876
~~imposed under this section.~~	99877

~~(F) Nothing in divisions (A) and (C) of this section shall~~	99878
~~bar a provider from retaining patients~~;	99879

(4) Retaining residents who have resided in the provider's	99880
nursing facility for not less than one year as private pay	99881
patients and who subsequently become medicaid recipients, but	99882
refusing to accept as a ~~patient~~resident any person who is, or	99883
may,(as a ~~patient in~~resident of the nursing facility,) become a	99884
medicaid recipient, if all of the following apply:	99885

~~(1)~~(a) The provider does not refuse to retain any ~~patient~~	99886
resident who has resided in the provider's nursing facility for	99887
not less than one year as a private pay ~~patient~~resident because	99888
the ~~patient~~resident becomes a medicaid recipient, except as	99889
necessary to comply with division ~~(F)(2)~~(D)(4)(b) of this section;	99890

~~(2)~~(b) The number of medicaid recipients retained under ~~this~~	99891
division (D)(4) of this section does not at any time exceed ten	99892
per cent of all the ~~patients~~residents in the nursing facility;	99893

~~(3)~~(c) On July 1, 1980, all the ~~patients~~residents in the	99894
nursing facility were private pay ~~patients~~residents.	99895

(E) No provider shall violate the provider agreement	99896
obligations imposed by this section.	99897

~~Sec. 5111.32.~~ Sec. 5165.081. ~~Any patient~~A nursing facility	99898
resident has a cause of action against ~~the~~a nursing facility	99899
provider ~~of a nursing facility or intermediate care facility for~~	99900
~~the mentally retarded~~ for breach of the provider agreement	99901
obligations or other duties imposed by section ~~5111.31~~5165.08 of	99902
the Revised Code. The action may be commenced by the ~~patient~~	99903
resident, or on the ~~patient's~~resident's behalf by the ~~patient's~~	99904
resident's sponsor or a residents' rights advocate, ~~as either is~~	99905
~~defined under section 3721.10 of the Revised Code,~~ by the filing	99906
of a civil action in the court of common pleas of the county in	99907
which the nursing facility is located, or in the court of common	99908
pleas of Franklin county.	99909

If ~~the~~a court of common pleas finds that a ~~breach of the~~	99910
provider has breached a provider agreement ~~obligations~~obligation	99911
or other duty imposed by section ~~5111.31~~5165.08 of the Revised	99912
Code ~~has occurred~~, the court may ~~enjoin~~do one or more of the	99913
following:	99914

(A) Enjoin the provider from engaging in the practice~~, order~~;

99915

(B) Order such affirmative relief as may be necessary~~, and~~	99916
~~award~~;	99917

(C) Award to ~~the patient~~a resident and a ~~person~~sponsor or	99918
~~public agency~~government entity that brings anthe action on	99919
behalf of a ~~patient~~resident actual damages, costs, and reasonable	99920
attorney's fees.	99921

Sec. 5165.082. (A) Except as provided in division (B) of	99922
this section, the operator of a nursing facility that elects to	99923
have the nursing facility participate in the medicaid program	99924
shall qualify all of the nursing facility's medicaid-certified	99925
beds in the medicare program. The medicaid director may adopt	99926
rules under section 5165.02 of the Revised Code to establish the	99927
time frame in which a nursing facility must comply with this	99928
requirement.	99929

(B) The department of veterans services is not required to	99930
qualify all of the medicaid-certified beds in a nursing facility	99931
the department maintains and operates under section 5907.01 of the	99932
Revised Code in the medicare program.	99933

~~Sec. 5111.26.~~ Sec. 5165.10. (A)~~(1)(a)~~ Except as provided in	99934
division ~~(A)(1)(b)~~(D) of this section, each nursing facility	99935
provider shall file with the department of ~~job and family services~~	99936
medicaid an annual cost report for each of the provider's nursing	99937
facilities ~~and intermediate care facilities for the mentally~~	99938
~~retarded~~ that participate in the medicaid program. ~~A provider~~	99939
~~shall prepare the reports in accordance with guidelines~~	99940
~~established by the department. A~~The cost report for a year shall	99941
cover athe calendar year or the portion of athe calendar year	99942
during which the nursing facility participated in the medicaid	99943
program. ~~A provider shall file the reports within~~Except as	99944
provided in division (E) of this section, the cost report is due	99945
not later than ninety days after the end of the calendar year, or	99946
portion of the calendar year, that the cost report covers. ~~The~~	99947
~~department, for good cause, may grant a fourteen-day extension of~~	99948
~~the time for filing cost reports upon written request from a~~	99949
~~provider. The director of job and family services shall prescribe,~~	99950
~~in rules adopted under section 5111.02 of the Revised Code, the~~	99951
~~cost reporting form and a uniform chart of accounts for the~~	99952
~~purpose of cost reporting, and shall distribute cost reporting~~	99953
~~forms or computer software for electronic submission of the cost~~	99954
~~report to each provider at least sixty days before the reporting~~	99955
~~date.~~	99956

~~(b) If rates for a provider's nursing facility or~~	99957
~~intermediate care facility for the mentally retarded were most~~	99958
~~recently established under section 5111.254 or 5111.255 of the~~	99959
~~Revised Code, the provider shall submit a cost report for that~~	99960
~~facility no later than ninety days after the end of the facility's~~	99961
~~first three full calendar months of operation. If a nursing~~	99962
~~facility or intermediate care facility for the mentally retarded~~	99963
~~undergoes a change of provider that the department determines, in~~	99964
~~accordance with rules adopted under section 5111.02 of the Revised~~	99965
~~Code, is an arm's length transaction, the new provider shall~~	99966
~~submit a cost report for that facility not later than ninety days~~	99967
~~after the end of the facility's first three full calendar months~~	99968
~~of operation under the new provider. The provider of a facility~~	99969
~~that opens or undergoes a change of provider that is an arm's~~	99970
~~length transaction after the first day of October in any calendar~~	99971
~~year is not required to file a cost report for that calendar year.~~	99972

~~(c)~~(B) If a nursing facility undergoes a change of provider	99973
that the department determines, in accordance with rules adopted	99974
under section ~~5111.02~~5165.02 of the Revised Code, is not an ~~arms~~	99975
arm's length transaction, the new provider shall file athe	99976
nursing facility's cost report ~~under~~in accordance with division	99977
(A)~~(1)(a)~~ of this section ~~for the facility. The~~and the cost	99978
report shall cover the portion of the calendar year during which	99979
the new provider operated the nursing facility and the portion of	99980
the calendar year during which the previous provider operated the	99981
nursing facility.	99982

~~(2) If a provider required to submit a cost report for a~~	99983
~~nursing facility or intermediate care facility for the mentally~~	99984
~~retarded does not file the report within the required time period~~	99985
~~or within fourteen days thereafter if an extension is granted~~	99986
~~under division (A)(1)(a) of this section, or files an incomplete~~	99987
~~or inadequate report for the facility, the department shall~~	99988
~~provide immediate written notice to the provider that the provider~~	99989
~~agreement for the facility will be terminated in thirty days~~	99990
~~unless the provider submits a complete and adequate cost report~~	99991
~~for the facility within thirty days. During the thirty-day~~	99992
~~termination period or any additional time allowed for an appeal of~~	99993
~~the proposed termination of a provider agreement, the provider~~	99994
~~shall be paid the facility's then current per resident per day~~	99995
~~rate, minus two dollars. On July 1, 1994, the department shall~~	99996
~~adjust the two-dollar reduction to reflect the rate of inflation~~	99997
~~during the preceding twelve months, as shown in the consumer price~~	99998
~~index for all items for all urban consumers for the north central~~	99999
~~region, published by the United States bureau of labor statistics.~~	100000
~~On July 1, 1995, and the first day of July of each year~~	100001
~~thereafter, the department shall adjust the amount of the~~	100002
~~reduction in effect during the previous twelve months to reflect~~	100003
~~the rate of inflation during the preceding twelve months, as shown~~	100004
~~in the same index.~~	100005

~~(B) No provider shall report fines paid under sections~~	100006
~~5111.35 to 5111.62 or section 5111.99 of the Revised Code in any~~	100007
~~cost report filed under this section.~~	100008

(C) ~~The department shall develop an addendum to the cost~~	100009
~~report form that a provider may use to set forth costs that the~~	100010
~~provider believes may be disputed by the department. Any costs~~	100011
~~reported by the provider on the addendum may be considered by the~~	100012
~~department in setting the facility's rate. If the department does~~	100013
~~not consider the costs listed on the addendum in setting the~~	100014
~~facility's rate, the provider may seek reconsideration of that~~	100015
~~determination under section 5111.29 of the Revised Code. If the~~	100016
~~department subsequently includes the costs listed in the addendum~~	100017
~~in the facility's rate, the department shall pay the provider~~	100018
~~interest at a reasonable rate established in rules adopted under~~	100019
~~section 5111.02 of the Revised Code for the time that the rate~~	100020
~~paid excluded the costs.~~If the medicaid payment rate for a new	100021
nursing facility was most recently determined in accordance with	100022
section 5165.151 of the Revised Code, the provider shall file with	100023
the department a cost report for the new nursing facility not	100024
later than, except as provided in division (E) of this section,	100025
ninety days after the end of the new nursing facility's first	100026
three full calendar months of operation. The cost report shall	100027
cover the period that begins with the nursing facility's first day	100028
of operation and ends on the first day of the month immediately	100029
following the first three full months of operation.	100030

(D) A nursing facility provider is not required to file a	100031
cost report for a nursing facility for a calendar year in	100032
accordance with division (A) of this section if the provider files	100033
a cost report for the nursing facility under division (C) of this	100034
section and that cost report covers a period that begins after the	100035
first day of October of that calendar year. The provider shall	100036
file a cost report for the nursing facility in accordance with	100037
division (A) of this section for the immediately following	100038
calendar year.	100039

(E) The department may grant to a provider a fourteen-day	100040
extension to file a cost report under this section if the provider	100041
provides the department a written request for the extension and	100042
the department determines that there is good cause for the	100043
extension.	100044

~~Sec. 5111.266.~~ Sec. 5165.101. A nursing facility provider ~~of a~~	100045
~~nursing facility~~ filing the nursing facility's cost report with	100046
the department of ~~job and family services~~medicaid under section	100047
~~5111.26~~5165.10 or 5165.522 of the Revised Code shall report as a	100048
nonreimbursable expense the cost of the nursing facility's	100049
franchise permit fee.	100050

Sec. 5165.102. No nursing facility provider shall report	100051
fines paid under sections 5165.60 to 5165.89 or section 5165.99 of	100052
the Revised Code in a cost report filed under section 5165.10 or	100053
5165.522 of the Revised Code.	100054

Sec. 5165.103. Cost reports shall be completed using the	100055
form prescribed under section 5165.104 of the Revised Code and in	100056
accordance with the guidelines established under that section.	100057

Sec. 5165.104. The department of medicaid shall do all of	100058
the following:	100059

(A) Prescribe the form to be used for completing a cost	100060
report and a uniform chart of accounts for the purpose of	100061
reporting costs on the form;	100062

(B) Distribute a paper copy of the form, or computer software	100063
for electronic submission of the form, to each provider at least	100064
sixty days before the date the cost report is due;	100065

100066

Sec. 5165.105. The department of medicaid shall develop an	100067
addendum to the cost report form that a nursing facility provider	100068
may use to set forth costs that the provider believes the	100069
department may dispute. The department may consider such costs in	100070
determining a nursing facility's medicaid payment rate. If the	100071
department does not consider such costs in determining a nursing	100072
facility's medicaid payment rate, the provider may seek	100073
reconsideration of the determination in accordance with section	100074
5165.38 of the Revised Code. If the department subsequently	100075
includes such costs in a nursing facility's medicaid payment rate,	100076
the department shall pay the provider interest at a reasonable	100077
rate established in rules adopted under section 5165.02 of the	100078
Revised Code for the period that the rate excluded the costs.	100079

Sec. 5165.106. If a nursing facility provider required by	100080
section 5165.10 of the Revised Code to file a cost report for the	100081
nursing facility fails to file the cost report by the date it is	100082
due or the date, if any, to which the due date is extended	100083
pursuant to division (E) of that section, or files an incomplete	100084
or inadequate report for the nursing facility under that section,	100085
the department of medicaid shall provide immediate written notice	100086
to the provider that the provider agreement for the nursing	100087
facility will be terminated in thirty days unless the provider	100088
submits a complete and adequate cost report for the nursing	100089
facility within thirty days. During the thirty-day termination	100090
period or any additional time allowed for an appeal of the	100091
proposed termination of a provider agreement, the provider shall	100092
be paid the nursing facility's then current per medicaid day	100093
payment rate, minus the dollar amount by which nursing facility's	100094
per medicaid day payment rates are reduced during fiscal year 2013	100095
in accordance with division (A)(2) of section 5111.26 of the	100096
Revised Code (renumbered as section 5165.10 of the Revised Code by	100097
H.B. 59 of the 130th general assembly) as that section existed on	100098
the day immediately preceding the effective date of this section.	100099
On the first day of each July, the department shall adjust the	100100
amount of the reduction in effect during the previous twelve	100101
months to reflect the rate of inflation during the preceding	100102
twelve months, as shown in the consumer price index for all items	100103
for all urban consumers for the north central region, published by	100104
the United States bureau of labor statistics.	100105

~~Sec. 5111.261.~~ Sec. 5165.107. (A) Except as provided in division	100106
(B) of this section and not later than three years after a nursing	100107
facility provider files a cost report with the department of ~~job~~	100108
~~and family services~~medicaid under section ~~5111.26~~5165.10 of the	100109
Revised Code, the provider may amend the cost report if the	100110
provider discovers a material error in the cost report or	100111
additional information to be included in the cost report. The	100112
department shall review the amended cost report for accuracy and	100113
notify the provider of its determination.	100114

(B) A provider may not amend a cost report if the department	100115
has notified the provider that an audit of the cost report or a	100116
cost report of the provider for a subsequent cost reporting period	100117
is to be conducted under section ~~5111.27~~5165.109 of the Revised	100118
Code. The provider may, however, provide the department	100119
information that affects the costs included in the cost report.	100120
Such information may not be provided after the adjudication of the	100121
final settlement of the cost report.	100122

~~Sec. 5111.27.~~ Sec. 5165.108. (A) The department of ~~job and family~~	100123
~~services~~medicaid shall conduct a desk review of each cost report	100124
it receives under section ~~5111.26~~5165.10 or 5165.522 of the	100125
Revised Code. Based on the desk review, the department shall make	100126
a preliminary determination of whether the reported costs are	100127
allowable costs. The department shall notify each nursing facility	100128
provider of whether any of the reported costs are preliminarily	100129
determined not to be allowable, the medicaid payment rate	100130
~~calculation~~determined under ~~sections 5111.20 to 5111.331 of the~~	100131
~~Revised Code~~this chapter that results from that determination,	100132
and the reasons for the determination and resulting rate. The	100133
department shall allow the provider to verify the calculation and	100134
submit additional information.	100135

~~(B) The department may conduct an audit, as defined by rule~~	100136
~~adopted under section 5111.02 of the Revised Code, of any cost~~	100137
~~report. The decision whether to conduct an audit and the scope of~~	100138
~~the audit, which may be a desk or field audit, may be determined~~	100139
~~based on prior performance of the provider, a risk analysis, or~~	100140
~~other evidence that gives the department reason to believe that~~	100141
~~the provider has reported costs improperly. A desk or field audit~~	100142
~~may be performed annually, but is required whenever a provider~~	100143
~~does not pass the risk analysis tolerance factors. An audit shall~~	100144
~~be conducted by auditors under contract with or employed by the~~	100145
~~department. The department shall notify a provider of the findings~~	100146
~~of an audit by issuing an audit report. An audit report regarding~~	100147
~~a nursing facility shall include notice of any fine imposed under~~	100148
~~section 5111.271 of the Revised Code. The department shall issue~~	100149
~~the audit report no later than three years after the cost report~~	100150
~~is filed, or upon the completion of a desk or field audit on the~~	100151
~~report or a report for a subsequent cost reporting period,~~	100152
~~whichever is earlier.~~	100153

~~The department may establish a contract for the auditing of~~	100154
~~facilities by outside firms. Each contract entered into by bidding~~	100155
~~shall be effective for one to two years. The department shall~~	100156
~~establish an audit manual and program which shall require that all~~	100157
~~field audits, conducted either pursuant to a contract or by~~	100158
~~department employees:~~	100159

~~(1) Comply with the applicable rules prescribed pursuant to~~	100160
~~Titles XVIII and XIX;~~	100161

~~(2) Consider generally accepted auditing standards prescribed~~	100162
~~by the American institute of certified public accountants;~~	100163

~~(3) Include a written summary as to whether the costs~~	100164
~~included in the report examined during the audit are allowable and~~	100165
~~are presented in accordance with state and federal laws and~~	100166
~~regulations, and whether, in all material respects, allowable~~	100167
~~costs are documented, reasonable, and related to patient care;~~	100168

~~(4) Are conducted by accounting firms or auditors who, during~~	100169
~~the period of the auditors' professional engagement or employment~~	100170
~~and during the period covered by the cost reports, do not have nor~~	100171
~~are committed to acquire any direct or indirect financial interest~~	100172
~~in the ownership, financing, or operation of a nursing facility or~~	100173
~~intermediate care facility for the mentally retarded in this~~	100174
~~state;~~	100175

~~(5) Are conducted by accounting firms or auditors who, as a~~	100176
~~condition of the contract or employment, shall not audit any~~	100177
~~facility that has been a client of the firm or auditor;~~	100178

~~(6) Are conducted by auditors who are otherwise independent~~	100179
~~as determined by the standards of independence included in the~~	100180
~~government auditing standards produced by the United States~~	100181
~~government accountability office;~~	100182

~~(7) Are completed within the time period specified by the~~	100183
~~department;~~	100184

~~(8) Provide to the provider complete written interpretations~~	100185
~~that explain in detail the application of all relevant contract~~	100186
~~provisions, regulations, auditing standards, rate formulae, and~~	100187
~~departmental policies, with explanations and examples, that are~~	100188
~~sufficient to permit the provider to calculate with reasonable~~	100189
~~certainty those costs that are allowable and the rate to which the~~	100190
~~provider's facility is entitled.~~	100191

~~For the purposes of division (B)(4) of this section,~~	100192
~~employment of a member of an auditor's family by a nursing~~	100193
~~facility or intermediate care facility for the mentally retarded~~	100194
~~that the auditor does not review does not constitute a direct or~~	100195
~~indirect financial interest in the ownership, financing, or~~	100196
~~operation of the facility.~~	100197

~~(C) The department, pursuant to rules adopted under section~~	100198
~~5111.02 of the Revised Code, may conduct an exception review of~~	100199
~~assessment data submitted under section 5111.232 of the Revised~~	100200
~~Code. The department may conduct an exception review based on the~~	100201
~~findings of a certification survey conducted by the department of~~	100202
~~health, a risk analysis, or prior performance of the provider.~~	100203

~~Exception reviews shall be conducted at the facility by~~	100204
~~appropriate health professionals under contract with or employed~~	100205
~~by the department of job and family services. The professionals~~	100206
~~may review resident assessment forms and supporting documentation,~~	100207
~~conduct interviews, and observe residents to identify any patterns~~	100208
~~or trends of inaccurate assessments and resulting inaccurate~~	100209
~~case-mix scores.~~	100210

~~The rules shall establish an exception review program that~~	100211
~~requires that exception reviews do all of the following:~~	100212

~~(1) Comply with Titles XVIII and XIX;~~

100213

~~(2) Provide a written summary that states whether the~~	100214
~~resident assessment forms have been completed accurately;~~	100215

~~(3) Are conducted by health professionals who, during the~~	100216
~~period of their professional engagement or employment with the~~	100217
~~department, neither have nor are committed to acquire any direct~~	100218
~~or indirect financial interest in the ownership, financing, or~~	100219
~~operation of a nursing facility or intermediate care facility for~~	100220
~~the mentally retarded in this state;~~	100221

~~(4) Are conducted by health professionals who, as a condition~~	100222
~~of their engagement or employment with the department, shall not~~	100223
~~review any provider that has been a client of the professional.~~	100224

~~For the purposes of division (C)(3) of this section,~~	100225
~~employment of a member of a health professional's family by a~~	100226
~~nursing facility or intermediate care facility for the mentally~~	100227
~~retarded that the professional does not review does not constitute~~	100228
~~a direct or indirect financial interest in the ownership,~~	100229
~~financing, or operation of the facility.~~	100230

~~If an exception review is conducted before the effective date~~	100231
~~of the rate that is based on the case-mix data subject to the~~	100232
~~review and the review results in findings that exceed tolerance~~	100233
~~levels specified in the rules adopted under this division, the~~	100234
~~department, in accordance with those rules, may use the findings~~	100235
~~to recalculate individual resident case-mix scores, quarterly~~	100236
~~average facility case-mix scores, and annual average facility~~	100237
~~case-mix scores. The department may use the recalculated quarterly~~	100238
~~and annual facility average case-mix scores to calculate the~~	100239
~~facility's rate for direct care costs for the appropriate calendar~~	100240
~~quarter or quarters.~~	100241

~~(D) The department shall prepare a written summary of any~~	100242
~~audit disallowance or exception review finding that is made after~~	100243
~~the effective date of the rate that is based on the cost or~~	100244
~~case-mix data. Where the provider is pursuing judicial or~~	100245
~~administrative remedies in good faith regarding the disallowance~~	100246
~~or finding, the department shall not withhold from the provider's~~	100247
~~current payments any amounts the department claims to be due from~~	100248
~~the provider pursuant to section 5111.28 of the Revised Code.~~	100249

~~(E) The department shall not reduce rates calculated under~~	100250
~~sections 5111.20 to 5111.331 of the Revised Code on the basis that~~	100251
~~the provider charges a lower rate to any resident who is not~~	100252
~~eligible for the medicaid program.~~	100253

~~(F) The department shall adjust the rates calculated under~~	100254
~~sections 5111.20 to 5111.331 of the Revised Code to account for~~	100255
~~reasonable additional costs that must be incurred by intermediate~~	100256
~~care facilities for the mentally retarded to comply with~~	100257
~~requirements of federal or state statutes, rules, or policies~~	100258
~~enacted or amended after January 1, 1992, or with orders issued by~~	100259
~~state or local fire authorities.~~	100260

Sec. 5165.109. (A) The department of medicaid may conduct an	100261
audit, as defined in rules adopted under section 5165.02 of the	100262
Revised Code, of any cost report filed under section 5165.10 or	100263
5165.522 of the Revised Code. The decision whether to conduct an	100264
audit and the scope of the audit, which may be a desk or field	100265
audit, may be determined based on prior performance of the	100266
provider, a risk analysis, or other evidence that gives the	100267
department reason to believe that the provider has reported costs	100268
improperly. A desk or field audit may be performed annually, but	100269
is required whenever a provider does not pass the risk analysis	100270
tolerance factors.	100271

(B) Audits shall be conducted by auditors under contract with	100272
the department, auditors working for firms under contract with the	100273
department, or auditors employed by the department.	100274

The department may establish a contract for the auditing of	100275
nursing facilities by outside firms. Each contract entered into by	100276
bidding shall be effective for one to two years.	100277

(C) The department shall notify a provider of the findings of	100278
an audit of a cost report by issuing an audit report. The audit	100279
report shall include notice of any fine imposed under section	100280
5165.1010 of the Revised Code. The department shall issue the	100281
audit report not later than three years after the earlier of the	100282
following:	100283

(1) The date the cost report is filed;

100284

(2) The date a desk or field audit of the cost report or a	100285
cost report for a subsequent cost reporting period is completed.	100286

(D) The department shall prepare a written summary of any	100287
audit disallowance that is made after the effective date of the	100288
rate that is based on the cost. Where the provider is pursuing	100289
judicial or administrative remedies in good faith regarding the	100290
disallowance, the department shall not withhold from the	100291
provider's current payments any amounts the department claims to	100292
be due from the provider pursuant to section 5165.41 of the	100293
Revised Code.	100294

(E)(1) The department shall establish an audit manual and	100295
program for field audits conducted under this section. Each	100296
auditor conducting a field audit under this section shall follow	100297
the audit manual and program, regardless of whether the auditor is	100298
under contract with the department, works for a firm under	100299
contract with the department, or is employed by the department.	100300
The manual and program shall do both of the following:	100301

(a) Require each field audit to be conducted by an auditor to	100302
whom all of the following apply:	100303

(i) During the period of the auditor's contract, firm's	100304
contract, or auditor's employment with the department, the auditor	100305
or firm does not have and is not committed to acquire any direct	100306
or indirect financial interest in the ownership, financing, or	100307
operation of nursing facilities in this state.	100308

(ii) The auditor does not audit any provider that has been a	100309
client of the auditor or the auditor's firm.	100310

(iii) The auditor is otherwise independent as determined by	100311
the standards of independence included in the government auditing	100312
standards produced by the United States government accountability	100313
office.	100314

(b) Require each auditor conducting a field audit to do all	100315
of the following:	100316

(i) Comply with applicable rules prescribed pursuant to Title	100317
XVIII and Title XIX;	100318

(ii) Consider generally accepted auditing standards	100319
prescribed by the American institute of certified public	100320
accountants;	100321

(iii) Include a written summary as to whether the costs	100322
included in the cost report examined during the audit are	100323
allowable and are presented in accordance with state and federal	100324
laws and regulations, and whether, in all material respects,	100325
allowable costs are documented, reasonable, and related to patient	100326
care;	100327

(iv) Complete the audit within the time period specified by	100328
the department;	100329

(v) Provide to the provider complete written interpretations	100330
that explain in detail the application of all relevant contract	100331
provisions, regulations, auditing standards, rate formulae, and	100332
departmental policies, with explanations and examples, that are	100333
sufficient to permit the provider to calculate with reasonable	100334
certainty those costs that are allowable and the rate to which the	100335
provider's nursing facility is entitled.	100336

(2) For the purpose of division (E)(1)(a)(i) of this section,	100337
employment of a member of an auditor's family by a nursing	100338
facility that the auditor does not audit does not constitute a	100339
direct or indirect financial interest in the ownership, financing,	100340
or operation of the nursing facility.	100341

~~Sec. 5111.271.~~ Sec. 5165.1010. (A) Subject to division (D) of this	100342
section, the department of ~~job and family services~~medicaid shall	100343
fine the provider of a nursing facility if the report of an audit	100344
conducted under ~~division (B) of~~ section ~~5111.27~~5165.109 of the	100345
Revised Code regarding a cost report for the nursing facility	100346
includes either of the following:	100347

(1) Adverse findings that exceed three per cent of the total	100348
amount of ~~medicaid-reimbursable~~medicaid-allowable costs reported	100349
in the cost report;	100350

(2) Adverse findings that exceed twenty per cent of	100351
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	100352
cost center reported in the cost report.	100353

(B) A fine issued under this section shall equal the greatest	100354
of the following:	100355

(1) If the adverse findings exceed three per cent but do not	100356
exceed ten per cent of the total amount of ~~medicaid-reimbursable~~	100357
medicaid-allowable costs reported in the cost report, the greater	100358
of three per cent of those reported costs or ten thousand dollars;	100359

(2) If the adverse findings exceed ten per cent but do not	100360
exceed twenty per cent of the total amount of	100361
~~medicaid-reimbursable~~medicaid-allowable costs reported in the	100362
cost report, the greater of six per cent of those reported costs	100363
or twenty-five thousand dollars;	100364

(3) If the adverse findings exceed twenty per cent of the	100365
total amount of ~~medicaid-reimbursable~~medicaid-allowable costs	100366
reported in the cost report, the greater of ten per cent of those	100367
reported costs or fifty thousand dollars;	100368

(4) If the adverse findings exceed twenty per cent but do not	100369
exceed twenty-five per cent of ~~medicaid-reimbursable~~	100370
medicaid-allowable costs for a particular cost center reported in	100371
the cost report, the greater of three per cent of the total amount	100372
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	100373
cost report or ten thousand dollars;	100374

(5) If the adverse findings exceed twenty-five per cent but	100375
do not exceed thirty per cent of ~~medicaid-reimbursable~~	100376
medicaid-allowable costs for a particular cost center reported in	100377
the cost report, the greater of six per cent of the total amount	100378
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	100379
cost report or twenty-five thousand dollars;	100380

(6) If the adverse findings exceed thirty per cent of	100381
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	100382
cost center reported in the cost report, the greater of ten per	100383
cent of the total amount of ~~medicaid-reimbursable~~	100384
medicaid-allowable costs reported in the cost report or fifty	100385
thousand dollars.	100386

(C) Fines paid under this section shall be deposited into the	100387
health care services administration fund created under section	100388
~~5111.94~~5162.54 of the Revised Code.	100389

(D) The department may not collect a fine under this section	100390
until all appeal rights relating to the audit report that is the	100391
basis for the fine are exhausted.	100392

~~Sec. 5111.222.~~ Sec. 5165.15. (A) ~~As used in this section, "low~~	100393
~~resource utilization resident" means a medicaid recipient residing~~	100394
~~in a nursing facility who, for purposes of calculating the nursing~~	100395
~~facility's medicaid reimbursement rate for direct care costs, is~~	100396
~~placed in either of the two lowest resource utilization groups,~~	100397
~~excluding any resource utilization group that is a default group~~	100398
~~used for residents with incomplete assessment data.~~	100399

~~(B)~~ Except as otherwise provided by sections ~~5111.20~~5165.151	100400
to ~~5111.331~~5165.156 and 5165.34 of the Revised Code ~~and by~~	100401
~~division (C) of this section~~, the total per medicaid day payment	100402
rate that the department of ~~job and family services~~medicaid shall	100403
~~agree to~~ pay ~~for a fiscal year to the provider of~~ a nursing	100404
facility ~~pursuant to a provider agreement~~provider for nursing	100405
facility services the provider's nursing facility provides during	100406
a fiscal year shall equal the sum of all of the following:	100407

(1) ~~The rate for direct care costs determined for the nursing~~	100408
~~facility under section 5111.231 of the Revised Code;~~	100409

~~(2)~~ The per medicaid day payment rate for ancillary and	100410
support costs determined for the nursing ~~facility's ancillary and~~	100411
~~support cost peer group~~facility under section ~~5111.24~~5165.16 of	100412
the Revised Code;	100413

~~(3)~~(2) The per medicaid day payment rate for capital costs	100414
determined for the nursing facility under section 5165.17 of the	100415
Revised Code;	100416

(3) The per medicaid day payment rate for direct care costs	100417
determined for the nursing facility under section 5165.19 of the	100418
Revised Code;	100419

(4) The per medicaid day payment rate for tax costs	100420
determined for the nursing facility under section ~~5111.242~~5165.21	100421
of the Revised Code;	100422

~~(4) The quality incentive payment paid to the nursing~~	100423
~~facility under section 5111.244 of the Revised Code;~~	100424

(5) If the nursing facility qualifies as a critical access	100425
nursing facility, the nursing facility's critical access incentive	100426
payment paid ~~to the nursing facility~~ under section ~~5111.246~~	100427
5165.23 of the Revised Code;	100428

(6) The ~~rate for capital costs determined for the nursing~~	100429
~~facility's capital costs peer group under section 5111.25~~quality	100430
incentive payment paid to the nursing facility under section	100431
5165.25 of the Revised Code.	100432

~~(C) The total rate determined under division (B) of this~~	100433
~~section shall not be paid for nursing facility services provided~~	100434
~~to low resource utilization residents. Instead, the total rate for~~	100435
~~nursing facility services that a nursing facility provides to low~~	100436
~~resource utilization residents shall be one hundred thirty dollars~~	100437
~~per medicaid day.~~	100438

~~(D)~~(B) In addition to paying a nursing facility provider the	100439
nursing facility's total rate determined under division ~~(B) or~~	100440
~~(C)~~(A) of this section for a fiscal year, the department shall pay	100441
the provider a quality bonus under section ~~5111.245~~5165.26 of the	100442
Revised Code for that fiscal year if the provider's nursing	100443
facility is a qualifying nursing facility, as defined in that	100444
section, for that fiscal year. The quality bonus shall not be part	100445
of the total rate.	100446

~~Sec. 5111.254.~~ Sec. 5165.151. (A) The ~~department of job and family~~	100447
~~services shall establish initial rates for a nursing facility with~~	100448
~~a first date of licensure that is on or after July 1, 2006,~~	100449
~~including a facility that replaces one or more existing~~	100450
~~facilities, or for a nursing facility with a first date of~~	100451
~~licensure before that date that was initially certified for the~~	100452
~~medicaid program on or after that date,~~total per medicaid day	100453
payment rate determined under section 5165.15 of the Revised Code	100454
shall not be the initial rate for nursing facility services	100455
provided by a new nursing facility. Instead, the initial total per	100456
medicaid day payment rate for nursing facility services provided	100457
by a new nursing facility shall be determined in the following	100458
manner:	100459

(1) The initial rate for ancillary and support costs shall be	100460
the rate for the new nursing facility's peer group determined	100461
under division (D) of section 5165.16 of the Revised Code.	100462

(2) The initial rate for capital costs shall be the rate for	100463
the new nursing facility's peer group determined under division	100464
(D) of section 5165.17 of the Revised Code;	100465

(3) The initial rate for direct care costs shall be the	100466
product of the cost per case-mix unit determined under division	100467
(D) of section ~~5111.231~~5165.19 of the Revised Code for the new	100468
nursing facility's peer group and the new nursing facility's	100469
case-mix score determined under division (B) of this section. ~~For~~	100470
~~the purpose of division (A)(1) of this section, the nursing~~	100471
~~facility's case-mix score shall be the following:~~	100472

~~(a) Unless the nursing facility replaces an existing nursing~~	100473
~~facility that participated in the medicaid program immediately~~	100474
~~before the replacement nursing facility begins participating in~~	100475
~~the medicaid program, the median annual average case-mix score for~~	100476
~~the nursing facility's peer group;~~	100477

~~(b) If the nursing facility replaces an existing nursing~~	100478
~~facility that participated in the medicaid program immediately~~	100479
~~before the replacement nursing facility begins participating in~~	100480
~~the medicaid program, the semiannual case-mix score most recently~~	100481
~~determined under section 5111.232 of the Revised Code for the~~	100482
~~replaced nursing facility as adjusted, if necessary, to reflect~~	100483
~~any difference in the number of beds in the replaced and~~	100484
~~replacement nursing facilities.~~	100485

~~(2) The rate for ancillary and support costs shall be the~~	100486
~~rate for the facility's peer group determined under division (D)~~	100487
~~of section 5111.24 of the Revised Code.~~	100488

~~(3) The rate for capital costs shall be the rate for the~~	100489
~~facility's peer group determined under division (D) of section~~	100490
~~5111.25 of the Revised Code.~~	100491

(4) The initial rate for tax costs shall be the median rate	100492
for tax costs for the new nursing facility's peer group in which	100493
the nursing facility is placed under division (C) of section	100494
~~5111.24~~5165.16 of the Revised Code.	100495

(5) The quality incentive payment shall be the mean payment	100496
made to nursing facilities under section ~~5111.244~~5165.25 of the	100497
Revised Code.	100498

(B) For the purpose of division (A)(3) of this section, a new	100499
nursing facility's case-mix score shall be the following:	100500

(1) Unless the new nursing facility replaces an existing	100501
nursing facility that participated in the medicaid program	100502
immediately before the new nursing facility begins participating	100503
in the medicaid program, the median annual average case-mix score	100504
for the new nursing facility's peer group;	100505

(2) If the nursing facility replaces an existing nursing	100506
facility that participated in the medicaid program immediately	100507
before the new nursing facility begins participating in the	100508
medicaid program, the semiannual case-mix score most recently	100509
determined under section 5165.192 of the Revised Code for the	100510
replaced nursing facility as adjusted, if necessary, to reflect	100511
any difference in the number of beds in the replaced and new	100512
nursing facilities.	100513

(C) Subject to division ~~(C)~~(D) of this section, the	100514
department shall adjust the rates established under division (A)	100515
of this section effective the first day of July, to reflect new	100516
rate calculations for all nursing facilities under ~~sections~~	100517
~~5111.20 to 5111.331 of the Revised Code~~this chapter.	100518

~~(C)~~(D) If a rate for direct care costs is determined under	100519
this section for a new nursing facility using the median annual	100520
average case-mix score for the new nursing facility's peer group,	100521
the rate shall be redetermined to reflect the ~~replacement~~new	100522
nursing facility's actual semiannual average case-mix score	100523
determined under section ~~5111.232~~5165.192 of the Revised Code	100524
after the new nursing facility submits its first two quarterly	100525
assessment data that qualify for use in calculating a case-mix	100526
score in accordance with rules authorized by ~~division (E) of~~	100527
section ~~5111.232~~5165.192 of the Revised Code. If the new nursing	100528
facility's quarterly submissions do not qualify for use in	100529
calculating a case-mix score, the department shall continue to use	100530
the median annual average case-mix score for the new nursing	100531
facility's peer group in lieu of the new nursing facility's	100532
semiannual case-mix score until the new nursing facility submits	100533
two consecutive quarterly assessment data that qualify for use in	100534
calculating a case-mix score.	100535

Sec. 5165.152. The total per medicaid day payment rate	100536
determined under section 5165.15 of the Revised Code shall not be	100537
paid for nursing facility services provided to low resource	100538
utilization residents. Instead, the total rate for such nursing	100539
facility services shall be one hundred thirty dollars per medicaid	100540
day.	100541

~~Sec. 5111.258.~~ Sec. 5165.153. (A) ~~Notwithstanding sections 5111.20~~	100542
~~to 5111.331 of the Revised Code (except section 5111.259 of the~~	100543
~~Revised Code), the director of job and family services shall adopt~~	100544
~~rules under section 5111.02 of the Revised Code that establish a~~	100545
~~methodology for calculating the prospective rates that will be~~	100546
~~paid each fiscal year to a provider for each of the provider's~~	100547
~~eligible nursing facilities and intermediate care facilities for~~	100548
~~the mentally retarded, and discrete units of the provider's~~	100549
~~nursing facilities or intermediate care facilities for the~~	100550
~~mentally retarded, that serve residents who have diagnoses~~The	100551
total per medicaid day payment rate determined under section	100552
5165.15 of the Revised Code shall not be paid for nursing facility	100553
services provided by a nursing facility, or discrete unit of a	100554
nursing facility, designated by the department of medicaid as an	100555
outlier nursing facility or unit. Instead, the provider of a	100556
designated outlier nursing facility or unit shall be paid each	100557
fiscal year a total per medicaid day payment rate that the	100558
department shall prospectively determine in accordance with a	100559
methodology established in rules authorized by this section.	100560

(B) The department may designate a nursing facility, or	100561
discrete unit of a nursing facility, as an outlier nursing	100562
facility or unit if the nursing facility or unit serves residents	100563
who have either of the following:	100564

(1) Diagnoses or special care needs that require direct care	100565
resources that are not measured adequately by the ~~applicable~~	100566
resident assessment instrument specified in rules authorized by	100567
section ~~5111.232~~5165.191 of the Revised Code~~, or who have~~	100568
~~diagnoses~~;	100569

(2) Diagnoses or special care needs specified in ~~the~~ rules	100570
authorized by this section as otherwise qualifying for	100571
consideration under this section. ~~The facilities and units of~~	100572
~~facilities whose rates are established under this division may~~	100573
~~include, but shall not be limited to, any of the following:~~	100574

~~(1) In the case of nursing facilities, facilities and units~~	100575
~~of facilities that serve medically fragile pediatric residents,~~	100576
~~residents who are dependent on ventilators, or residents who have~~	100577
~~severe traumatic brain injury, end-stage Alzheimer's disease, or~~	100578
~~end-stage acquired immunodeficiency syndrome;~~	100579

~~(2) In the case of intermediate care facilities for the~~	100580
~~mentally retarded, facilities and units of facilities that serve~~	100581
~~residents who have complex medical conditions or severe behavioral~~	100582
~~problems.~~	100583

~~The department shall use the methodology established under~~	100584
~~this division to pay for services rendered by such facilities and~~	100585
~~units after June 30, 1993.~~	100586

(C) Notwithstanding any other provision of this chapter	100587
(except section 5165.156 of the Revised Code), the costs incurred	100588
by a designated outlier nursing facility or unit shall not be	100589
considered in establishing medicaid payment rates for other	100590
nursing facilities or units.	100591

(D) The medicaid director shall adopt rules under section	100592
5165.02 of the Revised Code as necessary to implement this	100593
section.	100594

(1)(a) The rules ~~authorized by this division~~ shall ~~specify~~do	100595
both of the following:	100596

(i) Specify the criteria and procedures the department will	100597
apply when designating ~~facilities and units that qualify for~~	100598
~~calculation of rates under this division~~a nursing facility, or	100599
discrete unit of a nursing facility, as an outlier nursing	100600
facility or unit;	100601

(ii) Establish a methodology for prospectively determining	100602
the total per medicaid day payment rate that will be paid each	100603
fiscal year for nursing facility services provided by a designated	100604
outlier nursing facility or unit. ~~The criteria shall include~~	100605

(b) The rules authorized by division (D)(1)(a)(i) of this	100606
section regarding the criteria for designating outlier nursing	100607
facilities and units shall do both of the following:	100608

(i) Provide for consideration of whether all of the allowable	100609
costs of ~~the~~a nursing facility, or discrete unit of a nursing	100610
facility, would be paid by ~~rates established~~a rate determined	100611
under ~~sections 5111.20 to 5111.331~~section 5165.15 of the Revised	100612
Code~~, and shall establish a~~;	100613

(ii) Specify the minimum ~~bed size for a~~number of nursing	100614
facility beds that a nursing facility, or discrete unit ~~to qualify~~	100615
toof a nursing facility, must have ~~its rates established under~~	100616
~~this division~~to be designated an outlier nursing facility or	100617
unit, which may vary based on the diagnoses or special care needs	100618
of the residents served by the nursing facility or unit. ~~The~~	100619
~~criteria shall not be designed to require that residents be served~~	100620
~~only in~~	100621

(c) The rules authorized by division (D)(1)(a)(i) of this	100622
section regarding the criteria for designating outlier nursing	100623
facilities and units shall not limit the designation to nursing	100624
facilities, or discrete units of nursing facilities, located in	100625
large cities. ~~The~~	100626

(d) The rules authorized by division (D)(1)(a)(ii) of this	100627
section regarding the methodology for prospectively determining	100628
the rates of designated outlier nursing facilities and units shall	100629
provide for the methodology ~~established by the rules shall~~to	100630
consider the historical costs of providing ~~care~~nursing facility	100631
services to the residents of ~~the~~designated outlier nursing	100632
facilities orand units.	100633

(2)(a) The rules may ~~require~~do both of the following:

100634

(i) Include for designation as an outlier nursing facility or	100635
unit, a nursing facility, or discrete unit of a nursing facility,	100636
that serves medically fragile pediatric residents; residents who	100637
are dependent on ventilators; residents who have severe traumatic	100638
brain injury, end-stage Alzheimer's disease, or end-stage acquired	100639
immunodeficiency syndrome; or residents with other diagnoses or	100640
special care needs specified in the rules;	100641

(ii) Require that a designated outlier nursing facility	100642
~~designated under this division or containing a unit designated~~	100643
~~under this division~~ receive authorization from the department to	100644
~~admit~~before admitting or ~~retain~~retaining a resident ~~to the~~	100645
~~facility or unit and~~.	100646

(b) If the director adopts rules authorized by division	100647
(D)(2)(a)(ii) of this section regarding the authorization of a	100648
designated outlier nursing facility or unit to admit or retain a	100649
resident, the rules shall specify the criteria and procedures the	100650
department will apply when granting that authorization.	100651

~~Notwithstanding any other provision of sections 5111.20 to~~	100652
~~5111.331 of the Revised Code (except section 5111.259 of the~~	100653
~~Revised Code), the costs incurred by facilities or units whose~~	100654
~~rates are established under this division shall not be considered~~	100655
~~in establishing payment rates for other facilities or units.~~	100656

~~(B) The director may adopt rules under section 5111.02 of the~~	100657
~~Revised Code under which the department, notwithstanding any other~~	100658
~~provision of sections 5111.20 to 5111.331 of the Revised Code~~	100659
~~(except section 5111.259 of the Revised Code), may adjust the~~	100660
~~rates determined under sections 5111.20 to 5111.331 of the Revised~~	100661
~~Code for a facility that serves a resident who has a diagnosis or~~	100662
~~special care need that, in the rules authorized by division (A) of~~	100663
~~this section, would qualify a facility or unit of a facility to~~	100664
~~have its rate determined under that division, but who is not in~~	100665
~~such a unit. The rules may require that a facility that qualifies~~	100666
~~for a rate adjustment under this division receive authorization~~	100667
~~from the department to admit or retain a resident who qualifies~~	100668
~~the facility for the rate adjustment and shall specify the~~	100669
~~criteria and procedures the department will apply when granting~~	100670
~~that authorization.~~	100671

Sec. 5165.154. (A) To the extent, if any, provided for in	100672
rules authorized by this section, the total per medicaid day	100673
payment rate determined under section 5165.15 of the Revised Code	100674
shall not be paid for nursing facility services that a nursing	100675
facility not designated as an outlier nursing facility or unit	100676
provides to a resident who meets the criteria for admission to a	100677
designated outlier nursing facility or unit, as specified in rules	100678
authorized by section 5165.153 of the Revised Code. Instead, the	100679
provider of a nursing facility providing nursing facility services	100680
to such a resident shall be paid each fiscal year a total per	100681
medicaid day payment rate that the department of medicaid shall	100682
prospectively determine in accordance with a methodology	100683
established in rules authorized by this section.	100684

(B) The medicaid director may adopt rules under section	100685
5165.02 of the Revised Code to implement this section. The rules	100686
may require that a nursing facility receive authorization from the	100687
department before admitting or retaining a resident who meets the	100688
criteria for admission to a designated outlier nursing facility or	100689
unit. If the director adopts such rules, the rules shall specify	100690
the criteria and procedures the department will apply when	100691
granting the authorization.	100692

~~Sec. 5111.225.~~ Sec. 5165.155. (A) As used in this section:

100693

~~"Dual eligible individual" has the same meaning as in section~~	100694
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	100695
~~42 U.S.C. 1396n(h)(2)(B).~~	100696

~~"Medicaid~~, "medicaid maximum allowable amount" means one	100697
hundred per cent of a nursing facility's total per ~~diem~~medicaid	100698
day payment rate ~~for a medicaid day~~.	100699

(B) ~~The~~Instead of paying the total per medicaid day payment	100700
rate determined under section 5165.15 of the Revised Code, the	100701
department of ~~job and family services~~medicaid shall pay the	100702
provider of a nursing facility the lesser of the following for	100703
nursing facility services the nursing facility provides on or	100704
after January 1, 2012, to a dual eligible individual who is	100705
eligible for nursing facility services under the medicaid program	100706
and post-hospital extended care services under Part A of Title	100707
XVIII:	100708

(1) The coinsurance amount for the services as provided under	100709
Part A of Title XVIII;	100710

(2) The medicaid maximum allowable amount for the services,	100711
less the amount paid under Part A of Title XVIII for the services.	100712

~~Sec. 5111.259.~~ Sec. 5165.156. The medicaid director ~~of job and~~	100713
~~family services~~ may ~~submit a request to the United States~~	100714
~~secretary of health and human services for approval to~~ establish a	100715
centers of excellence component of the medicaid program. The	100716
purpose of the centers of excellence component is to increase the	100717
efficiency and quality of nursing facility services provided to	100718
medicaid recipients with complex nursing facility service needs.	100719
~~If federal approval for the centers of excellence component is~~	100720
~~granted, the~~The director may adopt rules under section ~~5111.02~~	100721
5165.02 of the Revised Code governing the component, including	100722
rules that establish a method of determining the medicaid	100723
~~reimbursement~~payment rates for nursing facilities providing	100724
nursing facility services to medicaid recipients participating in	100725
the component. The rules may specify the extent to which, if any,	100726
of the provisions of ~~section 5111.258~~sections 5165.153 and	100727
5165.154 of the Revised Code are to apply to the centers of	100728
excellence component. If such rules are adopted, the nursing	100729
facilities that provide nursing facility services to medicaid	100730
recipients participating in the centers of excellence component	100731
shall be paid for those services in accordance with the method	100732
established in the rules ~~notwithstanding anything to the contrary~~	100733
~~in sections 5111.20 to 5111.331~~instead of the total per medicaid	100734
day payment rate determined under section 5165.15 of the Revised	100735
Code.	100736

~~Sec. 5111.24.~~ Sec. 5165.16. (A) As used in this section:

100737

(1) "Applicable calendar year" means the following:

100738

(a) For the purpose of the department of ~~job and family~~	100739
~~services'~~medicaid's initial determination under division (D) of	100740
this section of each peer group's rate for ancillary and support	100741
costs, calendar year 2003;	100742

(b) For the purpose of the department's rebasings, the	100743
calendar year the department selects.	100744

(2) "Rebasing" means a redetermination under division (D) of	100745
this section of each peer ~~groups'~~group's rate for ancillary and	100746
support costs using information from cost reports for an	100747
applicable calendar year that is later than the applicable	100748
calendar year used for the previous determination of such rates.	100749

(B) The department of ~~job and family services~~medicaid shall	100750
~~pay a provider for~~determine each ~~of the provider's eligible~~	100751
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	100752
payment rate for ancillary and support costs ~~determined for the~~.	100753
A nursing facility's ~~peer group~~rate shall be the rate determined	100754
under division (D) of this section for the nursing facility's peer	100755
group. However, for the period beginning October 1, 2013, and	100756
ending on the first day of the first rebasing, the rate for a	100757
nursing facility located in Mahoning or Stark county shall be the	100758
rate determined for the following:	100759

(1) If the nursing facility has fewer than one hundred beds,	100760
the nursing facilities in peer group three;	100761

(2) If the nursing facility has one hundred or more beds, the	100762
nursing facilities in peer group four.	100763

(C) For the purpose of determining nursing facilities' ~~rate~~	100764
rates for ancillary and support costs, the department shall	100765
establish six peer groups.	100766

~~Each~~(1) Until the first rebasing occurs, the peer groups	100767
shall be composed as follows:	100768

(a) Each nursing facility located in any of the following	100769
counties shall be placed in peer group one or two: Brown, Butler,	100770
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	100771
located in any of those counties that has fewer than one hundred	100772
beds shall be placed in peer group one. Each nursing facility	100773
located in any of those counties that has one hundred or more beds	100774
shall be placed in peer group two.	100775

(b) Each nursing facility located in any of the following	100776
counties shall be placed in peer group three or four: Ashtabula,	100777
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	100778
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	100779
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	100780
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	100781
Union, and Wood. Each nursing facility located in any of those	100782
counties that has fewer than one hundred beds shall be placed in	100783
peer group three. Each nursing facility located in any of those	100784
counties that has one hundred or more beds shall be placed in peer	100785
group four.	100786

(c) Each nursing facility located in any of the following	100787
counties shall be placed in peer group five or six: Adams, Allen,	100788
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	100789
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	100790
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	100791
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	100792
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	100793
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	100794
Washington, Wayne, Williams, and Wyandot. Each nursing facility	100795
located in any of those counties that has fewer than one hundred	100796
beds shall be placed in peer group five. Each nursing facility	100797
located in any of those counties that has one hundred or more beds	100798
shall be placed in peer group six.	100799

(2) Beginning with the first rebasing, the peer groups shall	100800
be composed as they are under division (C)(1) of this section	100801
except as follows:	100802

(a) Each nursing facility that has fewer than one hundred	100803
beds and is located in Mahoning or Stark county shall be placed in	100804
peer group three rather than peer group five.	100805

(b) Each nursing facility that has one hundred or more beds	100806
and is located in Mahoning or Stark county shall be placed in peer	100807
group four rather than peer group six.	100808

(D)(1) The department shall determine the rate for ancillary	100809
and support costs for each peer group established under division	100810
(C) of this section. The department is not required to conduct a	100811
rebasing more than once every ten years. Except as necessary to	100812
implement the amendments made to this section by Am. Sub. H.B. 153	100813
and Sub. H.B. 303, both of the 129th general assembly, the rate	100814
for ancillary and support costs determined under this division for	100815
a peer group shall be used for subsequent years until the	100816
department conducts a rebasing. To determine a peer group's rate	100817
for ancillary and support costs, the department shall do all of	100818
the following:	100819

(a) Subject to division (D)(2) of this section, determine the	100820
rate for ancillary and support costs for each nursing facility in	100821
the peer group for the applicable calendar year by using the	100822
greater of the nursing facility's actual inpatient days for the	100823
applicable calendar year or the inpatient days the nursing	100824
facility would have had for the applicable calendar year if its	100825
occupancy rate had been ninety per cent;	100826

(b) Subject to division (D)(3) of this section, identify	100827
which nursing facility in the peer group is at the twenty-fifth	100828
percentile of the rate for ancillary and support costs for the	100829
applicable calendar year determined under division (D)(1)(a) of	100830
this section;	100831

(c) Multiply the rate for ancillary and support costs	100832
determined under division (D)(1)(a) of this section for the	100833
nursing facility identified under division (D)(1)(b) of this	100834
section by the rate of inflation for the eighteen-month period	100835
beginning on the first day of July of the applicable calendar year	100836
and ending the last day of December of the calendar year	100837
immediately following the applicable calendar year using the	100838
following:	100839

(i) Until the first rebasing occurs, the consumer price index	100840
for all items for all urban consumers for the north central	100841
region, published by the United States bureau of labor statistics,	100842
as that index existed on July 1, 2005;	100843

(ii) Effective with the first rebasing and except as provided	100844
in division (D)(1)(c)(iii) of this section, the consumer price	100845
index for all items for all urban consumers for the midwest	100846
region, published by the United States bureau of labor statistics;	100847

(iii) If the United States bureau of labor statistics ceases	100848
to publish the index specified in division (D)(1)(c)(ii) of this	100849
section, the index the bureau subsequently publishes that covers	100850
urban consumers' prices for items for the region that includes	100851
this state.	100852

(d) Until the first rebasing occurs, increase the amount	100853
calculated under division (D)(1)(c) of this section by five and	100854
eight hundredths per cent.	100855

(2) For the purpose of determining a nursing facility's	100856
occupancy rate under division (D)(1)(a) of this section, the	100857
department shall include any beds that the nursing facility	100858
removes from its medicaid-certified capacity unless the nursing	100859
facility also removes the beds from its licensed bed capacity.	100860

(3) In making the identification under division (D)(1)(b) of	100861
this section, the department shall exclude both of the following:	100862

(a) Nursing facilities that participated in the medicaid	100863
program under the same provider for less than twelve months in the	100864
applicable calendar year;	100865

(b) Nursing facilities whose ancillary and support costs are	100866
more than one standard deviation from the mean desk-reviewed,	100867
actual, allowable, per diem ancillary and support cost for all	100868
nursing facilities in the nursing facility's peer group for the	100869
applicable calendar year.	100870

(4) The department shall not redetermine a peer group's rate	100871
for ancillary and support costs under this division based on	100872
additional information that it receives after the rate is	100873
determined. The department shall redetermine a peer group's rate	100874
for ancillary and support costs only if the department made an	100875
error in determining the rate based on information available to	100876
the department at the time of the original determination.	100877

~~Sec. 5111.25.~~ Sec. 5165.17. (A) As used in this section:

100878

(1) "Applicable calendar year" means the following:

100879

(a) For the purpose of the department of ~~job and family~~	100880
~~services'~~medicaid's initial determination under division (D) of	100881
this section of each peer group's rate for capital costs, calendar	100882
year 2003;	100883

(b) For the purpose of the department's rebasings, the	100884
calendar year the department selects.	100885

(2) "Rebasing" means a redetermination under division (D) of	100886
this section of each peer ~~groups'~~group's rate for capital costs	100887
using information from cost reports for an applicable calendar	100888
year that is later than the applicable calendar year used for the	100889
previous determination of such rates.	100890

(B) The department of ~~job and family services~~medicaid shall	100891
~~pay a provider for~~determine each ~~of the provider's eligible~~	100892
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	100893
payment rate for capital costs ~~determined for the~~. A nursing	100894
facility's ~~peer group~~rate shall be the rate determined under	100895
division (D) of this section. However, for the period beginning	100896
October 1, 2013, and ending on the first day of the first	100897
rebasing, the rate for a nursing facility located in Mahoning or	100898
Stark county shall be the rate determined for the following:	100899

(1) If the nursing facility has fewer than one hundred beds,	100900
the nursing facilities in peer group three;	100901

(2) If the nursing facility has one hundred or more beds, the	100902
nursing facilities in peer group four.	100903

(C) For the purpose of determining nursing facilities' ~~rate~~	100904
rates for capital costs, the department shall establish six peer	100905
groups.	100906

~~Each~~(1) Until the first rebasing occurs, the peer groups	100907
shall be composed as follows:	100908

(a) Each nursing facility located in any of the following	100909
counties shall be placed in peer group one or two: Brown, Butler,	100910
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	100911
located in any of those counties that has fewer than one hundred	100912
beds shall be placed in peer group one. Each nursing facility	100913
located in any of those counties that has one hundred or more beds	100914
shall be placed in peer group two.	100915

(b) Each nursing facility located in any of the following	100916
counties shall be placed in peer group three or four: Ashtabula,	100917
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	100918
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	100919
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	100920
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	100921
Union, and Wood. Each nursing facility located in any of those	100922
counties that has fewer than one hundred beds shall be placed in	100923
peer group three. Each nursing facility located in any of those	100924
counties that has one hundred or more beds shall be placed in peer	100925
group four.	100926

(c) Each nursing facility located in any of the following	100927
counties shall be placed in peer group five or six: Adams, Allen,	100928
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	100929
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	100930
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	100931
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	100932
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	100933
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	100934
Washington, Wayne, Williams, and Wyandot. Each nursing facility	100935
located in any of those counties that has fewer than one hundred	100936
beds shall be placed in peer group five. Each nursing facility	100937
located in any of those counties that has one hundred or more beds	100938
shall be placed in peer group six.	100939

(2) Beginning with the first rebasing, the peer groups shall	100940
be composed as they are under division (C)(1) of this section	100941
except as follows:	100942

(a) Each nursing facility that has fewer than one hundred	100943
beds and is located in Mahoning or Stark county shall be placed in	100944
peer group three rather than peer group five.	100945

(b) Each nursing facility that has one hundred or more beds	100946
and is located in Mahoning or Stark county shall be placed in peer	100947
group four rather than peer group six.	100948

(D)(1) The department shall determine the rate for capital	100949
costs for each peer group established under division (C) of this	100950
section. The department is not required to conduct a rebasing more	100951
than once every ten years. Except as necessary to implement the	100952
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	100953
303, both of the 129th general assembly, the rate for capital	100954
costs determined under this division for a peer group shall be	100955
used for subsequent years until the department conducts a	100956
rebasing. To determine a peer group's rate for capital costs, the	100957
department shall do both of the following:	100958

(a) Determine the rate for capital costs for the nursing	100959
facility in the peer group that is at the twenty-fifth percentile	100960
of the rate for capital costs for the applicable calendar year;	100961

(b) Until the first rebasing occurs, increase the amount	100962
calculated under division (D)(1)(a) of this section by five and	100963
eight hundredths per cent.	100964

(2) To identify the nursing facility in a peer group that is	100965
at the twenty-fifth percentile of the rate for capital costs for	100966
the applicable calendar year, the department shall do both of the	100967
following:	100968

(a) Subject to division (D)(3) of this section, use the	100969
greater of each nursing facility's actual inpatient days for the	100970
applicable calendar year or the inpatient days the nursing	100971
facility would have had for the applicable calendar year if its	100972
occupancy rate had been one hundred per cent;	100973

(b) Exclude both of the following:

100974

(i) Nursing facilities that participated in the medicaid	100975
program under the same provider for less than twelve months in the	100976
applicable calendar year;	100977

(ii) Nursing facilities whose capital costs are more than one	100978
standard deviation from the mean desk-reviewed, actual, allowable,	100979
per diem capital cost for all nursing facilities in the nursing	100980
facility's peer group for the applicable calendar year.	100981

(3) For the purpose of determining a nursing facility's	100982
occupancy rate under division (D)(2)(a) of this section, the	100983
department shall include any beds that the nursing facility	100984
removes from its medicaid-certified capacity after June 30, 2005,	100985
unless the nursing facility also removes the beds from its	100986
licensed bed capacity.	100987

(4) The department shall not redetermine a peer group's rate	100988
for capital costs under this division based on additional	100989
information that it receives after the rate is determined. The	100990
department shall redetermine a peer group's rate for capital costs	100991
only if the department made an error in determining the rate based	100992
on information available to the department at the time of the	100993
original determination.	100994

(E) Buildings shall be depreciated using the straight line	100995
method over forty years or over a different period approved by the	100996
department. Components and equipment shall be depreciated using	100997
the straight-line method over a period designated in rules adopted	100998
under section ~~5111.02~~5165.02 of the Revised Code, consistent with	100999
the guidelines of the American hospital association, or over a	101000
different period approved by the department. Any rules authorized	101001
by this division that specify useful lives of buildings,	101002
components, or equipment apply only to assets acquired on or after	101003
July 1, 1993. Depreciation for costs paid or reimbursed by any	101004
government agency shall not be included in capital costs unless	101005
that part of the payment under ~~sections 5111.20 to 5111.331 of the~~	101006
~~Revised Code~~this chapter is used to reimburse the government	101007
agency.	101008

(F) The capital cost basis of nursing facility assets shall	101009
be determined in the following manner:	101010

(1) Except as provided in division (F)(3) of this section,	101011
for purposes of calculating the rates to be paid for facilities	101012
with dates of licensure on or before June 30, 1993, the capital	101013
cost basis of each asset shall be equal to the desk-reviewed,	101014
actual, allowable, capital cost basis that is listed on the	101015
facility's cost report for the calendar year preceding the fiscal	101016
year during which the rate will be paid.	101017

(2) For facilities with dates of licensure after June 30,	101018
1993, the capital cost basis shall be determined in accordance	101019
with the principles of the medicare program ~~established under~~	101020
~~Title XVIII~~, except as otherwise provided in ~~sections 5111.20 to~~	101021
~~5111.331 of the Revised Code~~this chapter.	101022

(3) Except as provided in division (F)(4) of this section, if	101023
a provider transfers an interest in a facility to another provider	101024
after June 30, 1993, there shall be no increase in the capital	101025
cost basis of the asset if the providers are related parties or	101026
the provider to which the interest is transferred authorizes the	101027
provider that transferred the interest to continue to operate the	101028
facility under a lease, management agreement, or other	101029
arrangement. If the previous sentence does not prohibit the	101030
adjustment of the capital cost basis under this division, the	101031
basis of the asset shall be adjusted by one-half of the change in	101032
the consumer price index for all items for all urban consumers, as	101033
published by the United States bureau of labor statistics, during	101034
the time that the transferor held the asset.	101035

(4) If a provider transfers an interest in a facility to	101036
another provider who is a related party, the capital cost basis of	101037
the asset shall be adjusted as specified in division (F)(3) of	101038
this section if all of the following conditions are met:	101039

(a) The related party is a relative of owner;

101040

(b) Except as provided in division (F)(4)(c)(ii) of this	101041
section, the provider making the transfer retains no ownership	101042
interest in the facility;	101043

(c) The department ~~of job and family services~~ determines that	101044
the transfer is an arm's length transaction pursuant to rules	101045
adopted under section ~~5111.02~~5165.02 of the Revised Code. The	101046
rules shall provide that a transfer is an arm's length transaction	101047
if all of the following apply:	101048

(i) Once the transfer goes into effect, the provider that	101049
made the transfer has no direct or indirect interest in the	101050
provider that acquires the facility or the facility itself,	101051
including interest as an owner, officer, director, employee,	101052
independent contractor, or consultant, but excluding interest as a	101053
creditor.	101054

(ii) The provider that made the transfer does not reacquire	101055
an interest in the facility except through the exercise of a	101056
creditor's rights in the event of a default. If the provider	101057
reacquires an interest in the facility in this manner, the	101058
department shall treat the facility as if the transfer never	101059
occurred when the department calculates its reimbursement rates	101060
for capital costs.	101061

(iii) The transfer satisfies any other criteria specified in	101062
the rules.	101063

(d) Except in the case of hardship caused by a catastrophic	101064
event, as determined by the department, or in the case of a	101065
provider making the transfer who is at least sixty-five years of	101066
age, not less than twenty years have elapsed since, for the same	101067
facility, the capital cost basis was adjusted most recently under	101068
division (F)(4) of this section or actual, allowable ~~cost of~~	101069
~~ownership~~capital costs was determined most recently under	101070
division (G)(9) of this section.	101071

(G) As used in this division:

101072

"Imputed interest" means the lesser of the prime rate plus	101073
two per cent or ten per cent.	101074

"Lease expense" means lease payments in the case of an	101075
operating lease and depreciation expense and interest expense in	101076
the case of a capital lease.	101077

"New lease" means a lease, to a different lessee, of a	101078
nursing facility that previously was operated under a lease.	101079

(1) Subject to division (B) of this section, for a lease of a	101080
facility that was effective on May 27, 1992, the entire lease	101081
expense is an actual, allowable capital cost during the term of	101082
the existing lease. The entire lease expense also is an actual,	101083
allowable capital cost if a lease in existence on May 27, 1992, is	101084
renewed under either of the following circumstances:	101085

(a) The renewal is pursuant to a renewal option that was in	101086
existence on May 27, 1992;	101087

(b) The renewal is for the same lease payment amount and	101088
between the same parties as the lease in existence on May 27,	101089
1992.	101090

(2) Subject to division (B) of this section, for a lease of a	101091
facility that was in existence but not operated under a lease on	101092
May 27, 1992, actual, allowable capital costs shall include the	101093
lesser of the annual lease expense or the annual depreciation	101094
expense and imputed interest expense that would be calculated at	101095
the inception of the lease using the lessor's entire historical	101096
capital asset cost basis, adjusted by one-half of the change in	101097
the consumer price index for all items for all urban consumers, as	101098
published by the United States bureau of labor statistics, during	101099
the time the lessor held each asset until the beginning of the	101100
lease.	101101

(3) Subject to division (B) of this section, for a lease of a	101102
facility with a date of licensure on or after May 27, 1992, that	101103
is initially operated under a lease, actual, allowable capital	101104
costs shall include the annual lease expense if there was a	101105
substantial commitment of money for construction of the facility	101106
after December 22, 1992, and before July 1, 1993. If there was not	101107
a substantial commitment of money after December 22, 1992, and	101108
before July 1, 1993, actual, allowable capital costs shall include	101109
the lesser of the annual lease expense or the sum of the	101110
following:	101111

(a) The annual depreciation expense that would be calculated	101112
at the inception of the lease using the lessor's entire historical	101113
capital asset cost basis;	101114

(b) The greater of the lessor's actual annual amortization of	101115
financing costs and interest expense at the inception of the lease	101116
or the imputed interest expense calculated at the inception of the	101117
lease using seventy per cent of the lessor's historical capital	101118
asset cost basis.	101119

(4) Subject to division (B) of this section, for a lease of a	101120
facility with a date of licensure on or after May 27, 1992, that	101121
was not initially operated under a lease and has been in existence	101122
for ten years, actual, allowable capital costs shall include the	101123
lesser of the annual lease expense or the annual depreciation	101124
expense and imputed interest expense that would be calculated at	101125
the inception of the lease using the entire historical capital	101126
asset cost basis of one-half of the change in the consumer price	101127
index for all items for all urban consumers, as published by the	101128
United States bureau of labor statistics, during the time the	101129
lessor held each asset until the beginning of the lease.	101130

(5) Subject to division (B) of this section, for a new lease	101131
of a facility that was operated under a lease on May 27, 1992,	101132
actual, allowable capital costs shall include the lesser of the	101133
annual new lease expense or the annual old lease payment. If the	101134
old lease was in effect for ten years or longer, the old lease	101135
payment from the beginning of the old lease shall be adjusted by	101136
one-half of the change in the consumer price index for all items	101137
for all urban consumers, as published by the United States bureau	101138
of labor statistics, from the beginning of the old lease to the	101139
beginning of the new lease.	101140

(6) Subject to division (B) of this section, for a new lease	101141
of a facility that was not in existence or that was in existence	101142
but not operated under a lease on May 27, 1992, actual, allowable	101143
capital costs shall include the lesser of annual new lease expense	101144
or the annual amount calculated for the old lease under division	101145
(G)(2), (3), (4), or (6) of this section, as applicable. If the	101146
old lease was in effect for ten years or longer, the lessor's	101147
historical capital asset cost basis shall be, for purposes of	101148
calculating the annual amount under division (G)(2), (3), (4), or	101149
(6) of this section, adjusted by one-half of the change in the	101150
consumer price index for all items for all urban consumers, as	101151
published by the United States bureau of labor statistics, from	101152
the beginning of the old lease to the beginning of the new lease.	101153

In the case of a lease under division (G)(3) of this section	101154
of a facility for which a substantial commitment of money was made	101155
after December 22, 1992, and before July 1, 1993, the old lease	101156
payment shall be adjusted for the purpose of determining the	101157
annual amount.	101158

(7) For any revision of a lease described in division (G)(1),	101159
(2), (3), (4), (5), or (6) of this section, or for any subsequent	101160
lease of a facility operated under such a lease, other than	101161
execution of a new lease, the portion of actual, allowable capital	101162
costs attributable to the lease shall be the same as before the	101163
revision or subsequent lease.	101164

(8) Except as provided in division (G)(9) of this section, if	101165
a provider leases an interest in a facility to another provider	101166
who is a related party or previously operated the facility, the	101167
related party's or previous operator's actual, allowable capital	101168
costs shall include the lesser of the annual lease expense or the	101169
reasonable cost to the lessor.	101170

(9) If a provider leases an interest in a facility to another	101171
provider who is a related party, regardless of the date of the	101172
lease, the related party's actual, allowable capital costs shall	101173
include the annual lease expense, subject to the limitations	101174
specified in divisions (G)(1) to (7) of this section, if all of	101175
the following conditions are met:	101176

(a) The related party is a relative of owner;

101177

(b) If the lessor retains an ownership interest, it is,	101178
except as provided in division (G)(9)(c)(ii) of this section, in	101179
only the real property and any improvements on the real property;	101180

(c) The department ~~of job and family services~~ determines that	101181
the lease is an arm's length transaction pursuant to rules adopted	101182
under section ~~5111.02~~5165.02 of the Revised Code. The rules shall	101183
provide that a lease is an arm's length transaction if all of the	101184
following apply:	101185

(i) Once the lease goes into effect, the lessor has no direct	101186
or indirect interest in the lessee or, except as provided in	101187
division (G)(9)(b) of this section, the facility itself, including	101188
interest as an owner, officer, director, employee, independent	101189
contractor, or consultant, but excluding interest as a lessor.	101190

(ii) The lessor does not reacquire an interest in the	101191
facility except through the exercise of a lessor's rights in the	101192
event of a default. If the lessor reacquires an interest in the	101193
facility in this manner, the department shall treat the facility	101194
as if the lease never occurred when the department calculates its	101195
reimbursement rates for capital costs.	101196

(iii) The lease satisfies any other criteria specified in the	101197
rules.	101198

(d) Except in the case of hardship caused by a catastrophic	101199
event, as determined by the department, or in the case of a lessor	101200
who is at least sixty-five years of age, not less than twenty	101201
years have elapsed since, for the same facility, the capital cost	101202
basis was adjusted most recently under division (F)(4) of this	101203
section or actual, allowable capital costs were determined most	101204
recently under division (G)(9) of this section.	101205

(10) This division does not apply to leases of specific items	101206
of equipment.	101207

~~Sec. 5111.231.~~ Sec. 5165.19. (A) As used in this section:

101208

(1) "Applicable calendar year" means the following:

101209

(a) For the purpose of the department of ~~job and family~~	101210
~~services'~~medicaid's initial determination under division (D) of	101211
this section of each peer group's cost per case-mix unit, calendar	101212
year 2003;	101213

(b) For the purpose of the department's rebasings, the	101214
calendar year the department selects.	101215

(2) "Rebasing" means a redetermination under division (D) of	101216
this section of each peer ~~groups'~~group's cost per case-mix unit	101217
using information from cost reports for an applicable calendar	101218
year that is later than the applicable calendar year used for the	101219
previous determination of such costs.	101220

(B) ~~The~~Semiannually, the department of ~~job and family~~	101221
~~services~~medicaid shall ~~pay a provider for~~determine each ~~of the~~	101222
~~provider's eligible~~ nursing ~~facilities a~~facility's per ~~resident~~	101223
~~per~~medicaid day payment rate for direct care costs ~~determined~~	101224
~~semiannually~~ by multiplying ~~the cost per case-mix unit determined~~	101225
~~under division (D) of this section for the facility's peer group~~	101226
by the facility's semiannual case-mix score determined under	101227
section ~~5111.232~~5165.192 of the Revised Code by the cost per	101228
case-mix unit determined under division (D) of this section for	101229
the facility's peer group. However, for the period beginning	101230
October 1, 2013, and ending on the first day of the first	101231
rebasing, the rate for a nursing facility located in Mahoning or	101232
Stark county shall be determined semiannually by multiplying the	101233
facility's semiannual case-mix score determined under section	101234
5165.192 of the Revised Code by the cost per case-mix unit	101235
determined under division (D) of this section for the nursing	101236
facilities in peer group two.	101237

(C) For the purpose of determining nursing facilities' ~~rate~~	101238
rates for direct care costs, the department shall establish three	101239
peer groups.	101240

~~Each~~(1) Until the first rebasing occurs, the peer groups	101241
shall be composed as follows:	101242

(a) Each nursing facility located in any of the following	101243
counties shall be placed in peer group one: Brown, Butler,	101244
Clermont, Clinton, Hamilton, and Warren.	101245

(b) Each nursing facility located in any of the following	101246
counties shall be placed in peer group two: Ashtabula, Champaign,	101247
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	101248
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	101249
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	101250
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	101251
and Wood.	101252

(c) Each nursing facility located in any of the following	101253
counties shall be placed in peer group three: Adams, Allen,	101254
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	101255
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	101256
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	101257
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	101258
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	101259
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	101260
Washington, Wayne, Williams, and Wyandot.	101261

(2) Beginning with the first rebasing, the peer groups shall	101262
be composed as they are under division (C)(1) of this section	101263
except that each nursing facility located in Mahoning or Stark	101264
county shall be placed in peer group two rather than peer group	101265
three.	101266

(D)(1) The department shall determine a cost per case-mix	101267
unit for each peer group established under division (C) of this	101268
section. The department is not required to conduct a rebasing more	101269
than once every ten years. Except as necessary to implement the	101270
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	101271
303, both of the 129th general assembly, and H.B... of the 130th	101272
general assembly, the cost per case-mix unit determined under this	101273
division for a peer group shall be used for subsequent years until	101274
the department conducts a rebasing. To determine a peer group's	101275
cost per case-mix unit, the department shall do all of the	101276
following:	101277

(a) Determine the cost per case-mix unit for each nursing	101278
facility in the peer group for the applicable calendar year by	101279
dividing each facility's desk-reviewed, actual, allowable, per	101280
diem direct care costs for the applicable calendar year by the	101281
facility's annual average case-mix score determined under section	101282
~~5111.232~~5165.192 of the Revised Code for the applicable calendar	101283
year;	101284

(b) Subject to division (D)(2) of this section, identify	101285
which nursing facility in the peer group is at the twenty-fifth	101286
percentile of the cost per case-mix units determined under	101287
division (D)(1)(a) of this section;	101288

(c) Calculate the amount that is two per cent above the cost	101289
per case-mix unit determined under division (D)(1)(a) of this	101290
section for the nursing facility identified under division	101291
(D)(1)(b) of this section;	101292

(d) Using the index specified in division (D)(3) of this	101293
section, multiply the rate of inflation for the eighteen-month	101294
period beginning on the first day of July of the applicable	101295
calendar year and ending the last day of December of the calendar	101296
year immediately following the applicable calendar year by the	101297
amount calculated under division (D)(1)(c) of this section;	101298

(e) Until the first rebasing occurs, add one dollar and	101299
~~eighty-eight~~fifty-six cents to the amount calculated under	101300
division (D)(1)(d) of this section;	101301

(f) Until the first rebasing occurs, increase the amount	101302
calculated under division (D)(1)(e) of this section by five and	101303
eight hundredths per cent.	101304

(2) In making the identification under division (D)(1)(b) of	101305
this section, the department shall exclude both of the following:	101306

(a) Nursing facilities that participated in the medicaid	101307
program under the same provider for less than twelve months in the	101308
applicable calendar year;	101309

(b) Nursing facilities whose cost per case-mix unit is more	101310
than one standard deviation from the mean cost per case-mix unit	101311
for all nursing facilities in the nursing facility's peer group	101312
for the applicable calendar year.	101313

(3) The following index shall be used for the purpose of the	101314
calculation made under division (D)(1)(d) of this section:	101315

(a) Until the first rebasing occurs, the employment cost	101316
index for total compensation, health services component, published	101317
by the United States bureau of labor statistics, as the index	101318
existed on July 1, 2005;	101319

(b) Effective with the first rebasing and except as provided	101320
in division (D)(3)(c) of this section, the employment cost index	101321
for total compensation, nursing and residential care facilities	101322
occupational group, published by the United States bureau of labor	101323
statistics;	101324

(c) If the United States bureau of labor statistics ceases to	101325
publish the index specified in division (D)(3)(b) of this section,	101326
the index the bureau subsequently publishes that covers nursing	101327
facilities' staff costs.	101328

(4) The department shall not redetermine a peer group's cost	101329
per case-mix unit under this division based on additional	101330
information that it receives after the peer group's per case-mix	101331
unit is determined. The department shall redetermine a peer	101332
group's cost per case-mix unit only if it made an error in	101333
determining the peer group's cost per case-mix unit based on	101334
information available to the department at the time of the	101335
original determination.	101336

Sec. 5165.191. Each calendar quarter, each nursing facility	101337
provider shall compile complete assessment data for each resident	101338
of each of the provider's nursing facilities, regardless of	101339
payment source, who is in the nursing facility, or on hospital or	101340
therapeutic leave from the nursing facility, on the last day of	101341
the quarter. A resident assessment instrument specified in rules	101342
authorized by this section shall be used to compile the resident	101343
assessment data. Each provider shall submit the resident	101344
assessment data to the department of health and, if required by	101345
the rules, the department of medicaid. The resident assessment	101346
data shall be submitted not later than fifteen days after the end	101347
of the calendar quarter for which the data is compiled. If the	101348
resident assessment data is to be submitted to the department of	101349
medicaid, it shall be submitted to the department through the	101350
medium or media specified in the rules.	101351

Rules adopted under section 5165.02 of the Revised Code shall	101352
do all of the following:	101353

(A) In a manner consistent with the "Social Security Act,"	101354
section 1919(e)(5), 42 U.S.C. 1396r(e)(5), specify a resident	101355
assessment instrument to be used by nursing facility providers	101356
under this section;	101357

(B) Specify whether nursing facility providers must submit	101358
the resident assessment data to the department of medicaid;	101359

(C) If the rules specify that nursing facility providers must	101360
submit the resident assessment data to the department, specify the	101361
medium or media through which the data is to be submitted.	101362

~~Sec. 5111.232.~~ Sec. 5165.192. (A)(1) ~~The~~Except as provided in	101363
division (B) of this section and in accordance with the process	101364
specified in rules authorized by this section, the department of	101365
~~job and family services~~medicaid shall do all of the following:	101366

(a) Every quarter, determine the following two case-mix	101367
scores for each nursing facility:	101368

(i) A quarterly case-mix score that includes each resident	101369
who is a medicaid recipient and is not a low resource utilization	101370
resident;	101371

(ii) A quarterly case-mix score that includes each resident	101372
regardless of payment source.	101373

(b) Every six months, determine a semiannual ~~and annual~~	101374
average case-mix ~~scores~~score for each nursing ~~facilities~~facility	101375
by using ~~all of~~ the ~~following:~~quarterly case-mix scores	101376
determined for the nursing facility pursuant to division	101377
(A)(1)(a)(i) of this section;	101378

(c) After the end of each calendar year, determine an annual	101379
average case-mix score for each nursing facility by using the	101380
quarterly case-mix scores determined for the nursing facility	101381
pursuant to division (A)(1)(a)(ii) of this section.	101382

(2) When determining case-mix scores under division (A)(1) of	101383
this section, the department shall use all of the following:	101384

(a) Data from a resident assessment instrument specified in	101385
rules ~~adopted under~~authorized by section ~~5111.02~~5165.191 of the	101386
Revised Code ~~pursuant to section 1919(e)(5) of the "Social~~	101387
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as~~	101388
~~amended, for the following residents:~~	101389

~~(i) When determining semiannual case-mix scores for fiscal~~	101390
~~year 2012, each resident who is a medicaid recipient~~;	101391

~~(ii) When determining semiannual case-mix scores for fiscal~~	101392
~~year 2013 and thereafter, each resident who is a medicaid~~	101393
~~recipient and not placed in either of the two lowest resource~~	101394
~~utilization groups, excluding any resource utilization group that~~	101395
~~is a default group used for residents with incomplete assessment~~	101396
~~data;~~	101397

~~(iii) When determining annual average case-mix scores, each~~	101398
~~resident regardless of payment source.~~	101399

(b) Except as provided in rules authorized by ~~divisions~~	101400
~~(A)(2)(a) and (b) of~~ this section, the case-mix values established	101401
by the United States department of health and human services;	101402

(c) Except as modified in rules authorized by ~~division~~	101403
~~(A)(2)(c) of~~ this section, the grouper methodology used on June	101404
30, 1999, by the United States department of health and human	101405
services for prospective payment of skilled nursing facilities	101406
under the medicare program ~~established by Title XVIII~~.	101407

~~(2) The director of job and family services may adopt rules~~	101408
~~under section 5111.02 of the Revised Code that do any of the~~	101409
~~following:~~	101410

~~(a) Adjust the case-mix values specified in division~~	101411
~~(A)(1)(b) of this section to reflect changes in relative wage~~	101412
~~differentials that are specific to this state;~~	101413

~~(b) Express all of those case-mix values in numeric terms~~	101414
~~that are different from the terms specified by the United States~~	101415
~~department of health and human services but that do not alter the~~	101416
~~relationship of the case-mix values to one another;~~	101417

~~(c) Modify the grouper methodology specified in division~~	101418
~~(A)(1)(c) of this section as follows:~~	101419

~~(i) Establish a different hierarchy for assigning residents~~	101420
~~to case-mix categories under the methodology;~~	101421

~~(ii) Prohibit the use of the index maximizer element of the~~	101422
~~methodology;~~	101423

~~(iii) Incorporate changes to the methodology the United~~	101424
~~States department of health and human services makes after June~~	101425
~~30, 1999;~~	101426

~~(iv) Make other changes the department determines are~~	101427
~~necessary.~~	101428

(B) ~~The department shall determine case-mix scores for~~	101429
~~intermediate care facilities for the mentally retarded using data~~	101430
~~for each resident, regardless of payment source, from a resident~~	101431
~~assessment instrument and grouper methodology prescribed in rules~~	101432
~~adopted under section 5111.02 of the Revised Code and expressed in~~	101433
~~case-mix values established by the department in those rules.~~	101434

~~(C) Each calendar quarter, each provider shall compile~~	101435
~~complete assessment data, from the resident assessment instrument~~	101436
~~specified in rules authorized by division (A) or (B) of this~~	101437
~~section, for each resident of each of the provider's facilities,~~	101438
~~regardless of payment source, who was in the facility or on~~	101439
~~hospital or therapeutic leave from the facility on the last day of~~	101440
~~the quarter. Providers of a nursing facility shall submit the data~~	101441
~~to the department of health and, if required by rules, the~~	101442
~~department of job and family services.~~ ~~Providers of an~~	101443
~~intermediate care facility for the mentally retarded shall submit~~	101444
~~the data to the department of job and family services.~~ The data	101445
shall be submitted not later than fifteen days after the end of	101446
the calendar quarter for which the data is compiled.	101447

~~Except as provided in division (D) of this section, the~~	101448
~~department~~, every six months and after the end of each calendar	101449
year, shall calculate a semiannual and annual average case-mix	101450
score for each nursing facility using the facility's quarterly	101451
case-mix scores for that six-month period or calendar year. ~~Also~~	101452
~~except as provided in division (D) of this section, the~~	101453
~~department, after the end of each calendar year, shall calculate~~	101454
~~an annual average case-mix score for each intermediate care~~	101455
~~facility for the mentally retarded using the facility's quarterly~~	101456
~~case-mix scores for that calendar year.~~ The department shall make	101457
the calculations pursuant to procedures specified in rules adopted	101458
under section 5111.02 of the Revised Code.	101459

~~(D)~~(1) ~~If a~~Subject to division (B)(2) of this section, the	101460
department, for one or more months of a calendar quarter, may	101461
assign to a nursing facility a case-mix score that is five per	101462
cent less than the nursing facility's case-mix score for the	101463
immediately preceding calendar quarter if any of the following	101464
apply:	101465

(a) The provider does not timely submit ~~information~~complete	101466
and accurate resident assessment data necessary to determine the	101467
nursing facility's case-mix score for athe calendar quarter	101468
~~necessary to calculate a facility's case-mix score, or submits~~	101469
~~incomplete or inaccurate information for a calendar quarter, the~~	101470
~~department may assign the facility a quarterly average case-mix~~	101471
~~score that is five per cent less than the facility's quarterly~~	101472
~~average case-mix score for the preceding calendar quarter. If the~~;	101473

(b) The nursing facility was subject to an exception review	101474
under ~~division (C) of~~ section ~~5111.27~~5165.193 of the Revised Code	101475
for the immediately preceding calendar quarter~~, the department may~~	101476
~~assign a quarterly average case-mix score that is five per cent~~	101477
~~less than the score determined by the exception review. If the~~;	101478

(c) The nursing facility was assigned a ~~quarterly average~~	101479
case-mix score for the immediately preceding calendar quarter~~, the~~	101480
~~department may assign a quarterly average case-mix score that is~~	101481
~~five per cent less than that score assigned for the preceding~~	101482
~~quarter~~.	101483

~~The department may use a quarterly average case-mix score~~	101484
~~assigned under division (D)(1) of this section, instead of a~~	101485
~~quarterly average case-mix score calculated based on the~~	101486
~~provider's submitted information, to calculate the facility's rate~~	101487
~~for direct care costs being established under section~~ ~~5111.23 or~~	101488
5111.231 of the Revised Code for one or more months, as specified	101489
in rules authorized by division (E) of this section, of the	101490
quarter for which the rate established under section ~~5111.23 or~~	101491
5111.231 of the Revised Code will be paid.	101492

(2) Before ~~taking action under division (D)(1) of this~~	101493
~~section~~assigning a case-mix score to a nursing facility due to	101494
the submission of incorrect resident assessment data, the	101495
department shall permit the provider ~~a reasonable period of time,~~	101496
~~specified in rules authorized by division (E) of this section,~~ to	101497
correct the ~~information~~data. ~~In the case of an intermediate care~~	101498
~~facility for the mentally retarded, the department shall not~~	101499
~~assign a quarterly average case-mix score due to late submission~~	101500
~~of corrections to assessment information unless the provider fails~~	101501
~~to submit corrected information prior to the eighty-first day~~	101502
~~after the end of the calendar quarter to which the information~~	101503
~~pertains. In the case of a nursing facility, the~~The department	101504
~~shall not~~may assign ~~a quarterly average~~the case-mix score ~~due to~~	101505
~~late submission of corrections to assessment information unless~~if	101506
the provider fails to submit the corrected ~~information prior to~~	101507
resident assessment data not later than the earlier of the	101508
~~forty-sixth~~forty-fifth day after the end of the calendar quarter	101509
to which the ~~information~~data pertains or the deadline for	101510
submission of such corrections established by regulations adopted	101511
by the United States department of health and human services under	101512
~~Titles~~Title XVIII and Title XIX.	101513

~~(2)~~(3) If, for more than six months in a calendar year, a	101514
provider is paid a rate determined for a nursing facility	101515
~~calculated~~ using a ~~quarterly average~~ case-mix score assigned to	101516
the nursing facility under division ~~(D)~~(B)(1) of this section ~~for~~	101517
~~more than six months in a calendar year~~, the department may assign	101518
the nursing facility a cost per case-mix unit that is five per	101519
cent less than the nursing facility's actual or assigned cost per	101520
case-mix unit for the immediately preceding calendar year. The	101521
department may use the assigned cost per case-mix unit, instead of	101522
~~calculating~~determining the nursing facility's actual cost per	101523
case-mix unit in accordance with section ~~5111.23 or 5111.231~~	101524
5165.19 of the Revised Code, to establish the nursing facility's	101525
rate for direct care costs for the ~~following~~ fiscal year	101526
immediately following the calendar year for which the cost per	101527
case-mix unit is assigned.	101528

~~(3)~~(4) The department shall take action under division	101529
~~(D)~~(B)(1) or, (2), or (3) of this section only in accordance with	101530
rules authorized by ~~division (E) of~~ this section. The department	101531
shall not take an action that affects rates for prior payment	101532
periods except in accordance with sections ~~5111.27~~5165.41 and	101533
~~5111.28~~5165.42 of the Revised Code.	101534

~~(E)~~(C) The medicaid director shall adopt rules under section	101535
~~5111.02~~5165.02 of the Revised Code ~~that~~as necessary to implement	101536
this section.	101537

(1) The rules shall do all of the following:

101538

~~(1) Specify whether providers of a nursing facility must~~	101539
~~submit the assessment data to the department of job and family~~	101540
~~services;~~	101541

~~(2) Specify the medium or media through which the completed~~	101542
~~assessment data shall be submitted;~~	101543

~~(3)~~(a) Specify the process for determining the semiannual and	101544
annual average case-mix scores for nursing facilities;	101545

(b) Adjust the case-mix values specified in division	101546
(A)(2)(b) of this section to reflect changes in relative wage	101547
differentials that are specific to this state;	101548

(c) Express all of those case-mix values in numeric terms	101549
that are different from the terms specified by the United States	101550
department of health and human services but that do not alter the	101551
relationship of the case-mix values to one another;	101552

(d) Modify the grouper methodology specified in division	101553
(A)(2)(c) of this section as follows:	101554

(i) Establish a different hierarchy for assigning residents	101555
to case-mix categories under the methodology;	101556

(ii) Prohibit the use of the index maximizer element of the	101557
methodology;	101558

(iii) Incorporate changes to the methodology the United	101559
States department of health and human services makes after June	101560
30, 1999;	101561

(iv) Make other changes the department determines are	101562
necessary.	101563

(e) Establish procedures under which ~~the~~resident assessment	101564
data shall be reviewed for accuracy and providers shall be	101565
notified of any data that requires correction;	101566

~~(4)~~(f) Establish procedures for providers to correct resident	101567
assessment data and specify a reasonable period of time by which	101568
providers shall submit the corrections. The procedures may limit	101569
the content of corrections ~~by providers of nursing facilities~~ in	101570
the manner required by regulations adopted by the United States	101571
department of health and human services under ~~Titles~~Title XVIII	101572
and Title XIX.	101573

~~(5)~~(g) Specify when and how the department will assign	101574
case-mix scores or costs per case-mix unit to a nursing facility	101575
under division ~~(D)~~(B) of this section if information necessary to	101576
calculate the nursing facility's case-mix score is not provided or	101577
corrected in accordance with the procedures established by the	101578
rules. ~~Notwithstanding~~	101579

(2) Notwithstanding any other provision of ~~sections 5111.20~~	101580
~~to 5111.331 of the Revised Code~~this chapter, the rules ~~also~~ may	101581
provide for the ~~following:~~	101582

~~(a) Exclusion of case-mix scores assigned under division (D)~~	101583
~~of this section from calculation of an intermediate care facility~~	101584
~~for the mentally retarded's annual average case-mix score and the~~	101585
~~maximum cost per case-mix unit for the facility's peer group;~~	101586

~~(b) Exclusion~~exclusion of case-mix scores assigned to a	101587
nursing facility under division ~~(D)~~(B) of this section from	101588
~~calculation~~the determination of athe nursing facility's	101589
semiannual or annual average case-mix score and the cost per	101590
case-mix unit for the nursing facility's peer group.	101591

Sec. 5165.193. (A) The department of medicaid may, pursuant	101592
to rules authorized by this section, conduct an exception review	101593
of resident assessment data submitted by a nursing facility	101594
provider under section 5165.191 of the Revised Code. The	101595
department may conduct an exception review based on the findings	101596
of a medicaid certification survey conducted by the department of	101597
health, a risk analysis, or prior performance of the provider.	101598

Exception reviews shall be conducted at the nursing facility	101599
by appropriate health professionals under contract with or	101600
employed by the department. The professionals may review resident	101601
assessment forms and supporting documentation, conduct interviews,	101602
and observe residents to identify any patterns or trends of	101603
inaccurate resident assessments and resulting inaccurate case-mix	101604
scores.	101605

(B) If an exception review is conducted before the effective	101606
date of a nursing facility's rate for direct care costs that is	101607
based on the resident assessment data being reviewed and the	101608
review results in findings that exceed tolerance levels specified	101609
in the rules authorized by this section, the department, in	101610
accordance with those rules, may use the findings to redetermine	101611
individual resident case-mix scores, the nursing facility's	101612
case-mix score for the quarter, and the nursing facility's annual	101613
average case-mix score. The department may use the nursing	101614
facility's redetermined quarterly and annual average case-mix	101615
scores to determine the nursing facility's rate for direct care	101616
costs for the appropriate calendar quarter or quarters.	101617

(C) The department shall prepare a written summary of any	101618
exception review finding that is made after the effective date of	101619
a nursing facility's rate for direct care costs that is based on	101620
the resident assessment data that was reviewed. Where the provider	101621
is pursuing judicial or administrative remedies in good faith	101622
regarding the finding, the department shall not withhold from the	101623
provider's current payments any amounts the department claims to	101624
be due from the provider pursuant to section 5165.41 of the	101625
Revised Code.	101626

(D)(1) The medicaid director shall adopt rules under section	101627
5165.02 of the Revised Code as necessary to implement this	101628
section. The rules shall establish an exception review program	101629
that does all of the following:	101630

(a) Requires each exception review to comply with Title XVIII	101631
and Title XIX;	101632

(b) Requires a written summary for each exception review that	101633
states whether resident assessment forms have been completed	101634
accurately;	101635

(c) Prohibits each health professional who conducts an	101636
exception review from doing either of the following:	101637

(i) During the period of the professional's contract or	101638
employment with the department, having or being committed to	101639
acquire any direct or indirect financial interest in the	101640
ownership, financing, or operation of nursing facilities in this	101641
state;	101642

(ii) Reviewing any provider that has been a client of the	101643
professional.	101644

(2) For the purposes of division (D)(1)(c)(i) of this	101645
section, employment of a member of a health professional's family	101646
by a nursing facility that the professional does not review does	101647
not constitute a direct or indirect financial interest in the	101648
ownership, financing, or operation of the nursing facility.	101649

~~Sec. 5111.242.~~ Sec. 5165.21. (A) As used in this section:

101650

(1) "Applicable calendar year" means the following:

101651

(a) For the purpose of the department of ~~job and family~~	101652
~~services'~~medicaid's initial determination under this section of	101653
nursing facilities' rate for tax costs, calendar year 2003;	101654

(b) For the purpose of the department's rebasings, the	101655
calendar year the department selects.	101656

(2) "Rebasing" means a redetermination under division ~~(C)~~(B)	101657
of this section of each nursing facility's rate for tax costs	101658
using information from cost reports for an applicable calendar	101659
year that is later than the applicable calendar year used for the	101660
previous determination of such rates.	101661

(B) ~~The department of job and family services shall pay a~~	101662
~~provider for each of the provider's eligible nursing facilities a~~	101663
~~per resident per day rate for tax costs determined under division~~	101664
~~(C) of this section.~~	101665

~~(C)~~ The department of medicaid shall determine ~~the~~each	101666
nursing facility's per medicaid day payment rate for tax costs ~~for~~	101667
~~each nursing facility~~. The department is not required to conduct a	101668
rebasing more than once every ten years. Except as necessary to	101669
implement the amendments made to this section by Sub. H.B. 303 of	101670
the 129th general assembly, the rate for tax costs determined	101671
under this division for a nursing facility shall be used for	101672
subsequent years until the department conducts a rebasing. To	101673
determine a nursing facility's rate for tax costs and except as	101674
provided in division ~~(D)~~(C) of this section, the department shall	101675
do both of the following:	101676

(1) Divide the nursing facility's desk-reviewed, actual,	101677
allowable tax costs paid for the applicable calendar year by the	101678
number of inpatient days the nursing facility would have had if	101679
its occupancy rate had been one hundred per cent during the	101680
applicable calendar year;	101681

(2) Until the first rebasing occurs, increase the amount	101682
calculated under division ~~(C)~~(B)(1) of this section by five and	101683
eight hundredths per cent.	101684

~~(D)~~(C) If a nursing facility had a credit regarding its real	101685
estate taxes reflected on its cost report for calendar year 2003,	101686
the department shall determine, as follows, its rate for tax costs	101687
for the period beginning on July 1, 2010, and ending on the first	101688
day of the fiscal year for which the department first conducts a	101689
rebasing:	101690

(1) Divide the nursing facility's desk-reviewed, actual,	101691
allowable tax costs paid for calendar year 2004 by the number of	101692
inpatient days the nursing facility would have had if its	101693
occupancy rate had been one hundred per cent during calendar year	101694
2004;	101695

(2) Until the first rebasing occurs, increase the amount	101696
calculated under division ~~(D)~~(C)(1) of this section by five and	101697
eight hundredths per cent.	101698

~~Sec. 5111.246.~~ Sec. 5165.23. (A) Each fiscal year, the department	101699
of ~~job and family services~~medicaid shall ~~pay a~~determine the	101700
critical access incentive payment ~~to the provider of~~for each	101701
nursing facility that qualifies as a critical access nursing	101702
facility. To qualify as a critical access nursing facility for a	101703
fiscal year, a nursing facility must meet all of the following	101704
requirements:	101705

(1) The nursing facility must be located in an area that, on	101706
December 31, 2011, was designated an empowerment zone under	101707
~~section 1391 of~~ the "Internal Revenue Code of 1986," ~~107 Stat. 543~~	101708
section 1391, 26 U.S.C. 1391~~, as amended~~.	101709

(2) The nursing facility must have an occupancy rate of at	101710
least eighty-five per cent as of the last day of the calendar year	101711
immediately preceding the fiscal year.	101712

(3) The nursing facility must have a medicaid utilization	101713
rate of at least sixty-five per cent as of the last day of the	101714
calendar year immediately preceding the fiscal year.	101715

(4) The nursing facility must have been awarded at least five	101716
points for meeting accountability measures under section 5165.25	101717
of the Revised Code for the fiscal year and at least one of the	101718
five points must have been awarded for meeting the following:	101719

(a) For fiscal year 2014, the accountability measures	101720
identified in divisions (C)(10), (11), (12), and (13) of section	101721
5165.25 of the Revised Code;	101722

(b) For fiscal year 2015 and each fiscal year thereafter, the	101723
accountability measures identified in divisions (D)(9), (10),	101724
(11), (12), and (14) of section 5165.25 of the Revised Code.	101725

(B) A critical access nursing facility's critical access	101726
incentive payment for a fiscal year shall equal five per cent of	101727
the portion of the nursing facility's total rate for the fiscal	101728
year that is the sum of the rates and payment identified in	101729
divisions ~~(B)~~(A)(1) to (4) and (6) of section ~~5111.222~~5165.15 of	101730
the Revised Code.	101731

~~Sec. 5111.244.~~ Sec. 5165.25. (A) As used in this section:

101732

(1) ~~"Applicable percentage" means, for the accountability~~	101733
~~measures identified in divisions (C)(10) to (13) of this section,~~	101734
~~the following:~~	101735

~~(a) For fiscal year 2013, whichever of the following applies:~~

101736

~~(i) The percentage that the department of job and family~~	101737
~~services specifies for an accountability measure pursuant to~~	101738
~~division (E)(1)(b) or (E)(2)(a)(ii) of this section;~~	101739

~~(ii) The percentage specified for an accountability measure~~	101740
~~in division (E)(2)(b), (ii), (iii), (iv), or (v) of this section.~~	101741

~~(b) For fiscal year 2014, whichever of the following applies:~~

101742

~~(i) The percentage used pursuant to division (F)(2) of this~~	101743
~~section;~~	101744

~~(ii) The percentage that the department specifies for an~~	101745
~~accountability measure pursuant to division (F)(3)(a) of this~~	101746
~~section.~~	101747

~~(c) For fiscal year 2015 and thereafter, whichever of the~~	101748
~~following applies:~~	101749

~~(i) The percentage used pursuant to division (F)(2) of this~~	101750
~~section;~~	101751

~~(ii) The percentage used pursuant to division (F)(3)(b) of~~	101752
~~this section.~~	101753

~~(2)~~ "Complaint surveys" has the same meaning as in 42 C.F.R.	101754
488.30.	101755

~~(3)~~(2) "Customer satisfaction survey" means the annual survey	101756
of long-term care facilities required by section 173.47 of the	101757
Revised Code.	101758

~~(4)~~(3) "Deficiency" has the same meaning as in 42 C.F.R.	101759
488.301.	101760

(4) "Exempted hospital discharge" has the same meaning as in	101761
42 C.F.R. 483.106(b)(2)(i).	101762

(5) "Family satisfaction survey" means a customer	101763
satisfaction survey, or part of a customer satisfaction survey,	101764
that contains the results of information obtained from the	101765
families of a nursing facility's residents.	101766

(6) "Minimum data set" means the standardized, uniform	101767
comprehensive assessment of nursing facility residents that is	101768
used to identify potential problems, strengths, and preferences of	101769
residents and is part of the resident assessment instrument	101770
required by ~~section 1919(e)(5) of~~ the "Social Security Act," ~~101~~	101771
~~Stat. 1330-197 (1987)~~section 1919(e)(5), 42 U.S.C. 1396r(e)(5),	101772
~~as amended~~.	101773

(7) ~~"National voluntary consensus standards for nursing~~	101774
~~homes" means measures used to determine the quality of care~~	101775
~~provided by nursing facilities as endorsed by the national quality~~	101776
~~forum.~~	101777

~~(8)~~ "Nurse aide" has the same meaning as in section 3721.21	101778
of the Revised Code.	101779

~~(9)~~(8) "Resident satisfaction survey" means a customer	101780
satisfaction survey, or part of a customer satisfaction survey,	101781
that contains the results of information obtained from a nursing	101782
facility's residents.	101783

~~(10)~~(9) "Room mirror" means a mirror that is located in	101784
either of the following rooms:	101785

(a) A resident bathroom if the sink used by a resident after	101786
the resident uses the resident bathroom is in the resident	101787
bathroom;	101788

(b) A resident's room if the sink used by a resident after	101789
the resident uses the resident bathroom is in the resident's room.	101790

~~(11)~~(10) "Room sink" means a sink that is located in either	101791
of the following rooms:	101792

(a) A resident bathroom if the sink used by a resident after	101793
the resident uses the resident bathroom is in the resident	101794
bathroom;	101795

(b) A resident's room if the sink used by a resident after	101796
the resident uses the resident bathroom is in the resident's room.	101797

~~(12)~~(11) "Standard survey" has the same meaning as in 42	101798
C.F.R. 488.301.	101799

(12) "Special focus facility list" means the list of nursing	101800
facilities that the United States department of health and human	101801
services creates under the special focus facility program required	101802
by the "Social Security Act," section 1919(f)(10), 42 U.S.C.	101803
1396r(f)(10).	101804

(13) "Substantial wall" means a permanent structure that	101805
reaches from floor to ceiling and divides a semiprivate room into	101806
two distinct living spaces, each with its own window.	101807

(14) "Table B of the special focus facility list" means the	101808
table included in the special focus facility list that identifies	101809
nursing facilities that have not improved.	101810

(B)(1) Each fiscal year, the department of ~~job and family~~	101811
~~services~~medicaid shall ~~pay a~~determine each nursing facility's	101812
quality incentive payment ~~to the provider of each nursing facility~~	101813
~~that is awarded one or more points for meeting accountability~~	101814
~~measures under division (C) of this section~~. Subject to ~~division~~	101815
divisions (B)(2) and (3) of this section, the per medicaid day	101816
amount of a quality incentive payment paid to a nursing facility	101817
provider shall be the product of the following:	101818

(a) The number of points the provider's nursing facility is	101819
awarded for meeting accountability measures under ~~division (C) of~~	101820
this section;	101821

(b) Three dollars and twenty-nine cents.

101822

(2) The maximum quality incentive payment that may be paid to	101823
~~the provider of~~ a nursing facility provider for a fiscal year 2014	101824
shall be sixteen dollars and forty-four cents per medicaid day.	101825

(3) The maximum quality incentive payment that may be paid to	101826
a nursing facility provider for fiscal year 2015 and each fiscal	101827
year thereafter shall be the following:	101828

(a) Sixteen dollars and forty-four cents if at least one of	101829
the points awarded to the nursing facility for meeting	101830
accountability measures is for an accountability measure	101831
identified in division (D)(9), (10), (11), (12), or (14) of this	101832
section;	101833

(b) Thirteen dollars and sixteen cents if division (B)(3)(a)	101834
of this section does not apply.	101835

(C) ~~Subject~~For fiscal year 2014 only and subject to	101836
~~divisions (D),~~division (E)~~, and (F)~~ of this section, the	101837
department shall award each nursing facility participating in the	101838
medicaid program one point for each of the following	101839
accountability measures the facility meets:	101840

(1) The facility's overall score on its resident satisfaction	101841
survey is at least eighty-six.	101842

(2) The facility's overall score on its family satisfaction	101843
survey is at least eighty-eight.	101844

(3) The facility satisfies the requirements for participation	101845
in the advancing excellence in America's nursing homes campaign.	101846

(4) The facility had neither of the following on the	101847
facility's most recent standard survey conducted not later than	101848
the last day of the calendar year immediately preceding the fiscal	101849
year for which the point is to be awarded or any complaint surveys	101850
conducted in the calendar year immediately preceding the fiscal	101851
year for which the point is to be awarded:	101852

(a) A health deficiency with a scope and severity level	101853
greater than F;	101854

(b) A deficiency that constitutes a substandard quality of	101855
care.	101856

(5) The facility offers at least fifty per cent of its	101857
residents at least one of the following dining choices for at	101858
least one meal each day:	101859

(a) Restaurant-style dining in which food is brought from the	101860
food preparation area to residents per the residents' orders;	101861

(b) Buffet-style dining in which residents obtain their own	101862
food, or have the facility's staff bring food to them per the	101863
residents' directions, from the buffet;	101864

(c) Family-style dining in which food is customarily served	101865
on a serving dish and shared by residents;	101866

(d) Open dining in which residents have at least a two-hour	101867
period to choose when to have a meal;	101868

(e) Twenty-four-hour dining in which residents may order	101869
meals from the facility any time of the day.	101870

(6) At least fifty per cent of the facility's residents are	101871
able to take a bath or shower as often as they choose.	101872

(7) The facility has at least both of the following scores on	101873
its resident satisfaction survey:	101874

(a) With regard to the question in the survey regarding	101875
residents' ability to choose when to go to bed in the evening, at	101876
least eighty-nine;	101877

(b) With regard to the question in the survey regarding	101878
residents' ability to choose when to get out of bed in the	101879
morning, at least seventy-six.	101880

(8) The facility has at least both of the following scores on	101881
its family satisfaction survey:	101882

(a) With regard to the question in the survey regarding	101883
residents' ability to choose when to go to bed in the evening, at	101884
least eighty-eight;	101885

(b) With regard to the question in the survey regarding	101886
residents' ability to choose when to get out of bed in the	101887
morning, at least seventy-five.	101888

(9) All of the following apply to the facility:

101889

(a) At least seventy-five per cent of the facility's	101890
residents have the opportunity, following admission to the	101891
facility and before completing or quarterly updating their	101892
individual plans of care, to discuss their goals for the care they	101893
are to receive at the facility, including their preferences for	101894
advance care planning, with a member of the residents' ~~healthcare~~	101895
health care teams that the facility, residents, and residents'	101896
sponsors consider appropriate.	101897

(b) The facility records the residents' care goals, including	101898
the residents' advance care planning preferences, in their medical	101899
records.	101900

(c) The facility uses the residents' care goals, including	101901
the residents' advance care planning preferences, in the	101902
development of the residents' individual plans of care.	101903

(10) Not more than ~~the applicable percentage~~thirteen and	101904
thirty-five hundredths per cent of the facility's long-stay	101905
residents report severe to moderate pain during the minimum data	101906
set assessment process.	101907

(11) Not more than ~~the applicable percentage~~five and	101908
seventy-three hundredths per cent of the facility's long-stay,	101909
high-risk residents have been assessed as having one or more stage	101910
two, three, or four pressure ulcers during the minimum data set	101911
assessment process.	101912

(12) Not more than ~~the applicable percentage~~one and	101913
fifty-two hundredths per cent of the facility's long-stay	101914
residents were physically restrained as reported during the	101915
minimum data set assessment process.	101916

(13) Less than ~~the applicable percentage~~seven and	101917
seventy-eight hundredths per cent of the facility's long-stay	101918
residents had a urinary tract infection as reported during the	101919
minimum data set assessment process.	101920

(14) The facility uses a tool for tracking residents'	101921
admissions to hospitals.	101922

(15) An average of at least fifty per cent of the facility's	101923
medicaid-certified beds are in private rooms.	101924

(16) The facility has accessible resident bathrooms, all of	101925
which meet at least two of the following standards and at least	101926
some of which meet all of the following standards:	101927

(a) There are room mirrors that are accessible to residents	101928
in wheelchairs, can be adjusted so as to be visible to residents	101929
who are seated or standing, or both.	101930

(b) There are room sinks that are accessible to residents in	101931
wheelchairs and have clearance for wheelchairs.	101932

(c) There are room sinks that have faucets with adaptive or	101933
easy-to-use lever or paddle handles.	101934

(17) The facility does both of the following:

101935

(a) Maintains a written policy that prohibits the use of	101936
overhead paging systems or limits the use of overhead paging	101937
systems to emergencies, as defined in the policy;	101938

(b) Communicates the policy to its staff, residents, and	101939
families of residents.	101940

(18) The facility has a score of at least ninety on its	101941
resident satisfaction survey with regard to the question in the	101942
survey regarding residents' ability to personalize their rooms	101943
with personal belongings.	101944

(19) The facility has a score of at least ninety-five on its	101945
family satisfaction survey with regard to the question in the	101946
survey regarding residents' ability to personalize their rooms	101947
with personal belongings.	101948

(20) The facility does both of the following:

101949

(a) Maintains a written policy that requires consistent	101950
assignment of nurse aides and specifies the goal of having a	101951
resident receive nurse aide care from not more than eight	101952
different nurse aides during a thirty-day period;	101953

(b) Communicates the policy to its staff, residents, and	101954
families of residents.	101955

(21) The facility's staff retention rate is at least	101956
seventy-five per cent.	101957

(22) The facility's turnover rate for nurse aides is not	101958
higher than sixty-five per cent.	101959

(23) For at least fifty per cent of the resident care	101960
conferences in the facility, a nurse aide who is a primary	101961
caregiver for the resident attends and participates in the	101962
conference.	101963

(D) For fiscal year 2015 and each fiscal year thereafter and	101964
subject to division (E) of this section, the department shall	101965
award each nursing facility participating in the medicaid program	101966
one point for each of the following accountability measures the	101967
facility meets:	101968

(1) The facility's overall score on its resident satisfaction	101969
survey is at least eighty-seven and five-tenths.	101970

(2) The facility's overall score on its family satisfaction	101971
survey is at least eighty-five and nine-tenths.	101972

(3) The facility satisfies the requirements for participation	101973
in the advancing excellence in America's nursing homes campaign.	101974

(4) Both of the following apply to the facility:

101975

(a) The facility had not been listed on table B of the	101976
special focus facility list for eighteen or more consecutive	101977
months during any time during the calendar year immediately	101978
preceding the fiscal year for which the point is to be awarded.	101979

(b) The facility had neither of the following on the	101980
facility's most recent standard survey conducted not later than	101981
the last day of the calendar year immediately preceding the fiscal	101982
year for which the point is to be awarded or any complaint surveys	101983
conducted in the calendar year immediately preceding the fiscal	101984
year for which the point is to be awarded:	101985

(i) A health deficiency with a scope and severity level	101986
greater than F;	101987

(ii) A deficiency that constitutes a substandard quality of	101988
care.	101989

(5) The facility does all of the following:

101990

(a) Offers at least fifty per cent of its residents at least	101991
one of the following dining choices for at least two meals each	101992
day:	101993

(i) Restaurant-style dining in which food is brought from the	101994
food preparation area to residents per the residents' orders;	101995

(ii) Buffet-style dining in which residents obtain their own	101996
food, or have the facility's staff bring food to them per the	101997
residents' directions, from the buffet;	101998

(iii) Family-style dining in which food is customarily served	101999
on a serving dish and shared by residents;	102000

(iv) Open dining in which residents have at least a two-hour	102001
period to choose when to have a meal;	102002

(v) Twenty-four-hour dining in which residents may order	102003
meals from the facility any time of the day.	102004

(b) Maintains a written policy specifying the manner or	102005
manners in which residents' dining choices for meals are offered;	102006

(c) Communicates the policy to its staff, residents, and	102007
families of residents.	102008

(6) The facility does all of the following:

102009

(a) Enables at least fifty per cent of the facility's	102010
residents to take a bath or shower when they choose;	102011

(b) Maintains a written policy regarding residents' choices	102012
in bathing;	102013

(c) Communicates the policy to its staff, residents, and	102014
families of residents.	102015

(7) The facility has at least both of the following scores on	102016
its resident satisfaction survey:	102017

(a) With regard to the question in the survey regarding	102018
residents' ability to choose when to go to bed in the evening, at	102019
least eighty-nine;	102020

(b) With regard to the question in the survey regarding	102021
residents' ability to choose when to get out of bed in the	102022
morning, at least seventy-six.	102023

(8) The facility has at least both of the following scores on	102024
its family satisfaction survey:	102025

(a) With regard to the question in the survey regarding	102026
residents' ability to choose when to go to bed in the evening, at	102027
least eighty-eight;	102028

(b) With regard to the question in the survey regarding	102029
residents' ability to choose when to get out of bed in the	102030
morning, at least seventy-five.	102031

(9) Not more than thirteen and thirty-five hundredths per	102032
cent of the facility's long-stay residents report severe to	102033
moderate pain during the minimum data set assessment process.	102034

(10) Not more than five and sixteen hundredths per cent of	102035
the facility's long-stay, high-risk residents have been assessed	102036
as having one or more stage two, three, or four pressure ulcers	102037
during the minimum data set assessment process.	102038

(11) Not more than one and fifty-two hundredths per cent of	102039
the facility's long-stay residents were physically restrained as	102040
reported during the minimum data set assessment process.	102041

(12) Less than seven per cent of the facility's long-stay	102042
residents had a urinary tract infection as reported during the	102043
minimum data set assessment process.	102044

(13) The facility does both of the following:

102045

(a) Uses a tool for tracking residents' admissions to	102046
hospitals;	102047

(b) Annually reports to the department data on hospital	102048
admissions by month for all residents.	102049

(14) Both of the following apply:

102050

(a) At least ninety-five per cent of the facility's long-stay	102051
residents are vaccinated against pneumococcal pneumonia, decline	102052
the vaccination, or are not vaccinated because the vaccination is	102053
medically contraindicated.	102054

(b) At least ninety-three per cent of the facility's	102055
long-stay residents are vaccinated against seasonal influenza,	102056
decline the vaccination, or are not vaccinated because the	102057
vaccination is medically contraindicated.	102058

(15) An average of at least fifty per cent of the facility's	102059
medicaid-certified beds are in either, or in a combination of	102060
both, of the following:	102061

(a) Private rooms;

102062

(b) Semiprivate rooms to which all of the following apply:

102063

(i) Each room provides a distinct territory for each resident	102064
occupying the room.	102065

(ii) Each distinct territory has a window and is separated by	102066
a substantial wall from the other distinct territories in the	102067
room.	102068

(iii) Each resident is able to enter and exit the distinct	102069
territory of the resident's room without entering or exiting	102070
another resident's distinct territory.	102071

(iv) Complete visual privacy for each distinct territory may	102072
be obtained by drawing a curtain or other screen.	102073

(16) The facility obtains at least a ninety-five per cent	102074
compliance rate with requesting resident reviews required by 42	102075
C.F.R. 483.106(b)(2)(ii) for individuals who are exempted hospital	102076
discharges.	102077

(17) The facility does both of the following:

102078

(a) Maintains a written policy that requires consistent	102079
assignment of nurse aides and specifies the goal of having a	102080
resident receive nurse aide care from not more than twelve	102081
different nurse aides during a thirty-day period;	102082

(b) Communicates the policy to its staff, residents, and	102083
families of residents.	102084

(18) The facility's staff retention rate is at least	102085
seventy-five per cent.	102086

(19) The facility's turnover rate for nurse aides is not	102087
higher than sixty-five per cent.	102088

(20) For at least fifty per cent of the resident care	102089
conferences in the facility, a nurse aide who is a primary	102090
caregiver for the resident attends and participates in the	102091
conference.	102092

(21) All of the following apply to the facility:

102093

(a) At least seventy-five per cent of the facility's	102094
residents have the opportunity, following admission to the	102095
facility and before completing or quarterly updating their	102096
individual plans of care, to discuss their goals for the care they	102097
are to receive at the facility, including their preferences for	102098
advance care planning, with a member of the residents' health care	102099
teams that the facility, residents, and residents' sponsors	102100
consider appropriate.	102101

(b) The facility records the residents' care goals, including	102102
the residents' advance care planning preferences, in their medical	102103
records.	102104

(c) The facility uses the residents' care goals, including	102105
the residents' advance care planning preferences, in the	102106
development of the residents' individual plans of care.	102107

(22) The facility does both of the following:

102108

(a) Maintains a written policy that prohibits the use of	102109
overhead paging systems or limits the use of overhead paging	102110
systems to emergencies, as defined in the policy;	102111

(b) Communicates the policy to its staff, residents, and	102112
families of residents.	102113

(E)(1) To be awarded a point for meeting an accountability	102114
measure under division (C) or (D) of this section other than the	102115
accountability measure identified in ~~division~~divisions (C)(4) and	102116
(D)(4)(b) of this section, a nursing facility must meet the	102117
accountability measure in the calendar year immediately preceding	102118
the fiscal year for which the point is to be awarded. ~~However, a~~	102119
~~nursing facility must meet the accountability measures specified~~	102120
~~in divisions (C)(3), (5), (6), (9), (14) to (17), (20), (22), and~~	102121
~~(23) of this section in the period beginning January 1, 2012, and~~	102122
~~ending March 31, 2012, to be awarded points for those~~	102123
~~accountability measures for fiscal year 2013.~~	102124

(2) The department shall award points pursuant to ~~division~~	102125
divisions (C)(1), (7), orand (18) and (D)(1) and (7) of this	102126
section to a nursing facility only if a resident satisfaction	102127
survey was initiated under section 173.47 of the Revised Code for	102128
the nursing facility in the calendar year immediately preceding	102129
the fiscal year for which the points are to be awarded.	102130

(3) The department shall award points pursuant to ~~division~~	102131
divisions (C)(2), (8), orand (19) and (D)(2) and (8) of this	102132
section to a nursing facility only if a family satisfaction survey	102133
was initiated under section 173.47 of the Revised Code for the	102134
nursing facility in the calendar year immediately preceding the	102135
fiscal year for which the points are to be awarded.	102136

(4) The department shall award points pursuant to divisions	102137
(D)(21) and (22) of this section only for fiscal year 2015.	102138

(5) Not later than July 1, 2013, the department shall adjust	102139
the score used for the purpose of division (C)(8)(b) of this	102140
section in a manner that causes at least fifty per cent of nursing	102141
facilities to meet division (C)(8)(b) of this section.	102142

~~(E) For the purposes of awarding points under divisions~~	102143
~~(C)(10) to (13) of this section for fiscal year 2013, the~~	102144
~~following apply:~~	102145

~~(1) If, by July 1, 2012, the United States centers for~~	102146
~~medicare and medicaid services makes calculations using the 3.0~~	102147
~~version of the minimum data set that indicate whether nursing~~	102148
~~facilities meet those accountability measures, the department~~	102149
~~shall do both of the following:~~	102150

~~(a) Rely on those calculations;~~

102151

~~(b) Specify the percentages to be used for the purposes of~~	102152
~~those accountability measures and, in specifying the percentages,~~	102153
~~provide for at least fifty per cent of nursing facilities to earn~~	102154
~~points for meeting those accountability measures.~~	102155

~~(2) If, by July 1, 2012, the United States centers for~~	102156
~~medicare and medicaid services does not make calculations using~~	102157
~~the 3.0 version of the minimum data set that indicate whether~~	102158
~~nursing facilities meet those accountability measures, the~~	102159
~~department shall do either of the following:~~	102160

~~(a) Do both of the following:~~

102161

~~(i) Make the calculations using the 3.0 version of the~~	102162
~~minimum data set in accordance with the national voluntary~~	102163
~~consensus standards for nursing homes;~~	102164

~~(ii) Specify the percentages to be used for the purposes of~~	102165
~~those accountability measures and, in specifying the percentages,~~	102166
~~provide for at least fifty per cent of nursing facilities to earn~~	102167
~~points for meeting those accountability measures.~~	102168

~~(b) Do all of the following:~~

102169

~~(i) Rely on the most recent calculations the United States~~	102170
~~centers for medicare and medicaid services made using the 2.0~~	102171
~~version of the minimum data set that indicate whether nursing~~	102172
~~facilities meet those accountability measures;~~	102173

~~(ii) Use four per cent as the applicable percentage for the~~	102174
~~accountability measure identified in division (C)(10) of this~~	102175
~~section;~~	102176

~~(iii) Use nine per cent as the applicable percentage for the~~	102177
~~accountability measure identified in division (C)(11) of this~~	102178
~~section;~~	102179

~~(iv) Use two per cent as the applicable percentage for the~~	102180
~~accountability measure identified in division (C)(12) of this~~	102181
~~section;~~	102182

~~(v) Use ten per cent as the applicable percentage for the~~	102183
~~accountability measure identified in division (C)(13) of this~~	102184
~~section.~~	102185

(F) ~~For the purposes of awarding points under divisions~~	102186
~~(C)(10) to (13) of this section for fiscal year 2014 and~~	102187
~~thereafter, the department shall do the following:~~	102188

~~(1) Rely on calculations the United States centers for~~	102189
~~medicare and medicaid services makes using the 3.0 version of the~~	102190
~~minimum data set that indicate whether nursing facilities meet~~	102191
~~those accountability measures;~~	102192

~~(2) If the department takes action pursuant to division~~	102193
~~(E)(1) of this section for fiscal year 2013, continue to use the~~	102194
~~percentages the department specifies pursuant to division~~	102195
~~(E)(1)(b) of this section for the purposes of those accountability~~	102196
~~measures;~~	102197

~~(3) If the department takes action pursuant to division~~	102198
~~(E)(2) of this section for fiscal year 2013, do the following:~~	102199

~~(a) For fiscal year 2014, specify the percentages to be used~~	102200
~~for the purposes of those accountability measures and, in~~	102201
~~specifying the percentages, provide for at least fifty per cent of~~	102202
~~nursing facilities to earn points for meeting those accountability~~	102203
~~measures;~~	102204

~~(b) For fiscal year 2015 and thereafter, continue to use the~~	102205
~~percentages the department specifies pursuant to division~~	102206
~~(F)(3)(a) of this section for the purposes of those accountability~~	102207
~~measures.~~Not later than July 1, 2014, the department shall	102208
submit, in accordance with section 101.68 of the Revised Code,	102209
recommendations to the general assembly for accountability	102210
measures to replace the accountability measures identified in	102211
divisions (D)(21) and (22) of this section.	102212

(G) ~~The director of job and family services shall adopt rules~~	102213
~~under section 5111.02 of the Revised Code as necessary to~~	102214
~~implement this section.~~	102215

~~The rules~~Rules adopted under section 5165.02 of the Revised	102216
Code may specify what is meant by "some" as that word is used in	102217
division (C)(16) of this section.	102218

~~Sec. 5111.245.~~ Sec. 5165.26. (A) As used in this section:

102219

(1) "Budgeted amount for quality incentive payments for a	102220
fiscal year" means the amount determined for a fiscal year as	102221
follows:	102222

(a) Multiply the total number of medicaid days in the	102223
immediately preceding fiscal year by sixteen dollars and	102224
forty-four cents;	102225

(b) Determine the total amount of quality incentive payments	102226
that was paid under section 5165.25 of the Revised Code to all	102227
nursing facility providers for the immediately preceding fiscal	102228
year;	102229

(c) Subtract the amount determined under division (A)(1)(b)	102230
of this section from the product calculated under division	102231
(A)(1)(a) of this section;	102232

(d) Add thirty million dollars to the difference calculated	102233
under division (A)(1)(c) of this section.	102234

(2) "Point days for a fiscal year" means the product of the	102235
following:	102236

(a) A qualifying nursing facility's quality bonus points for	102237
the fiscal year;	102238

(b) The number of the qualifying nursing facility's medicaid	102239
days in the immediately preceding fiscal year.	102240

~~(2)~~(3) "Qualifying nursing facility" means a nursing facility	102241
that qualifies for a quality bonus for a fiscal year as determined	102242
under division (B) of this section.	102243

~~(3)~~(4) "Quality bonus points for a fiscal year" means the	102244
amount determined by subtracting five from the number of points	102245
awarded to a qualifying nursing facility for meeting	102246
accountability measures under ~~division (C) of~~ section ~~5111.244~~	102247
5165.25 of the Revised Code for a fiscal year.	102248

~~(4) "Residual budgeted amount for quality incentive payments~~	102249
~~for a fiscal year" means the amount determined for a fiscal year~~	102250
~~as follows:~~	102251

~~(a) Multiply the total number of medicaid days in the fiscal~~	102252
~~year by sixteen dollars and forty-four cents;~~	102253

~~(b) Determine the total amount of quality incentive payments~~	102254
~~that was paid under section 5111.244 of the Revised Code to all~~	102255
~~nursing facility providers for the fiscal year;~~	102256

~~(c) Subtract the amount determined under division (A)(4)(b)~~	102257
~~of this section from the product calculated under division~~	102258
~~(A)(4)(a) of this section.~~	102259

(B) ~~The~~Not later than the first day of November of each	102260
fiscal year, the department of ~~job and family services~~medicaid	102261
shall pay a nursing facility provider a quality bonus for athe	102262
fiscal year if ~~both of~~ the ~~following apply:~~	102263

~~(1) The~~ provider's nursing facility is awarded more than five	102264
points for meeting accountability measures under ~~division (C) of~~	102265
section ~~5111.244~~5165.25 of the Revised Code for the fiscal year	102266
and the following applies:	102267

(1) For fiscal year 2014, at least two of the points are	102268
awarded to the nursing facility pursuant to division (C)(10),	102269
(11), (12), (13), or (14) of section 5165.25 of the Revised Code.	102270

(2) For fiscal year 2015 and each fiscal year thereafter, at	102271
least two of the points are awarded to the nursing facility	102272
pursuant to division (D)(9), (10), (11), (12), (13), or (14) of	102273
section 5165.25 of the Revised Code.	102274

~~(2) The residual budgeted amount for quality incentive~~	102275
~~payments for the fiscal year is greater than zero.~~	102276

(C) The total quality bonus to be paid to the provider of a	102277
qualifying nursing facility for a fiscal year shall equal the	102278
product of the following:	102279

(1) The quality bonus per medicaid day for the fiscal year	102280
determined for the provider's qualifying nursing facility under	102281
division (D) of this section;	102282

(2) The number of the qualifying nursing facility's medicaid	102283
days in the immediately preceding fiscal year.	102284

(D) A qualifying nursing facility's quality bonus per	102285
medicaid day for a fiscal year shall be the product of the	102286
following:	102287

(1) The nursing facility's quality bonus points for the	102288
fiscal year;	102289

(2) The quality bonus per point for the fiscal year	102290
determined under division (E) of this section.	102291

(E) The quality bonus per point for a fiscal year shall be	102292
determined as follows:	102293

(1) Determine the number of each qualifying nursing	102294
facility's point days for the fiscal year;	102295

(2) Determine the sum of all qualifying nursing facilities'	102296
point days for the fiscal year;	102297

(3) Divide the ~~residual~~ budgeted amount for quality incentive	102298
payments for the fiscal year by the sum determined under division	102299
(E)(2) of this section.	102300

(F) The calculation of a qualifying nursing facility's bonus	102301
payment is not subject to appeal under Chapter 119. of the Revised	102302
Code.	102303

~~(G) The director of job and family services may adopt rules~~	102304
~~under section 5111.02 of the Revised Code as necessary to~~	102305
~~implement this section.~~	102306

~~Sec. 5111.257.~~ Sec. 5165.28. If a provider of a nursing facility	102307
adds or replaces one or more medicaid certified beds to or at the	102308
nursing facility, or renovates one or more of the nursing	102309
facility's beds, the medicaid payment rate for the added,	102310
replaced, or renovated beds shall be the same as the medicaid	102311
payment rate for the nursing facility's existing beds.	102312

~~Sec. 5111.265.~~ Sec. 5165.29. If one or more medicaid-certified	102313
beds are relocated from one nursing facility to another nursing	102314
facility owned by a different person or government entity and the	102315
application for the certificate of need authorizing the relocation	102316
is filed with the director of health on or after ~~the effective~~	102317
~~date of this section~~July 1, 2005, amortization of the cost of	102318
acquiring operating rights for the relocated beds is not an	102319
allowable cost for the purpose of determining the nursing	102320
facility's medicaid ~~reimbursement~~payment rate.	102321

~~Sec. 5111.264.~~ Sec. 5165.30. Except as provided in section ~~5111.25~~	102322
~~or 5111.251~~5165.17 of the Revised Code, the costs of goods,	102323
services, and facilities, furnished to a nursing facility provider	102324
by a related party are includable in the allowable costs of the	102325
provider at the reasonable cost to the related party.	102326

Sec. 5165.32. The department of medicaid shall not reduce a	102327
nursing facility's medicaid payment rate determined under this	102328
chapter on the basis that the provider charges a lower rate to any	102329
resident who is not eligible for medicaid.	102330

Sec. 5165.33. No medicaid payment shall be made to a nursing	102331
facility provider for the day a medicaid recipient is discharged	102332
from the nursing facility.	102333

~~Sec. 5111.331.~~ Sec. 5165.34. (A) The department of ~~job and family~~	102334
~~services~~medicaid may make medicaid payments to a nursing	102335
facility provider ~~of a nursing facility~~ under ~~sections 5111.20 to~~	102336
~~5111.331 of the Revised Code~~this chapter to reserve a bed for a	102337
recipient during a temporary absence under conditions prescribed	102338
by the department, to include hospitalization for an acute	102339
condition, visits with relatives and friends, and participation in	102340
therapeutic programs outside the facility, when the resident's	102341
plan of care provides for such absence and federal financial	102342
participation infor the payments is available.	102343

(B) The maximum period for which payments may be made to	102344
reserve a bed in a nursing facility shall not exceed thirty days	102345
in a calendar year.	102346

(C) The department shall establish the per ~~diem~~medicaid day	102347
payment rates ~~to be paid to providers of nursing facilities~~ for	102348
reserving beds under this section. In establishing the per ~~diem~~	102349
medicaid day payment rates, the department shall ~~do the following:~~	102350

~~(1) In the case of a payment to reserve a bed for a day~~	102351
~~during calendar year 2011, set the per diem rate at an amount not~~	102352
~~exceeding fifty per cent of the per diem rate the provider would~~	102353
~~be paid if the recipient were not absent from the nursing facility~~	102354
~~that day;~~	102355

~~(2) In the case of a payment to reserve a bed for a day~~	102356
~~during calendar year 2012 and each calendar year thereafter,~~ set	102357
the per ~~diem~~medicaid day payment rate at an amount equal to the	102358
following:	102359

~~(a)~~(1) In the case of a nursing facility that had an	102360
occupancy rate ~~in the preceding calendar year~~ exceeding	102361
ninety-five per cent, an amount not exceeding fifty per cent of	102362
the per ~~diem~~medicaid day payment rate the provider would be paid	102363
if the recipient were not absent from the nursing facility that	102364
day;	102365

~~(b)~~(2) In the case of a nursing facility that had an	102366
occupancy rate ~~in the preceding calendar year~~ not exceeding	102367
ninety-five per cent, an amount not exceeding eighteen per cent of	102368
the per ~~diem~~medicaid day payment rate the provider would be paid	102369
if the recipient were not absent from the nursing facility that	102370
day.	102371

(D) For the purpose of setting a nursing facility's per	102372
medicaid day payment rate to reserve a bed for a day during the	102373
period beginning on the effective date of this amendment and	102374
ending December 31, 2013, the department shall determine the	102375
nursing facility's occupancy rate by using information reported on	102376
the nursing facility's cost report for calendar year 2012. For the	102377
purpose of setting a nursing facility's per medicaid day payment	102378
rate to reserve a bed for January 1, 2014, or thereafter, the	102379
department shall determine the nursing facility's occupancy rate	102380
by using information reported on the nursing facility's cost	102381
report for the calendar year preceding the fiscal year in which	102382
the reservation falls.	102383

~~Sec. 5111.212.~~ Sec. 5165.35. ~~As used in this section, "effective~~	102384
~~date of an involuntary termination" and "involuntary termination"~~	102385
~~have the same meanings as in section 5111.65 of the Revised Code.~~	102386

Medicaid payments may be made for nursing facility services	102387
~~and intermediate care facility for the mentally retarded services~~	102388
provided not later than thirty days after the effective date of an	102389
involuntary termination of the nursing facility that provides the	102390
services if the services are provided to a medicaid recipient who	102391
is eligible for the services and resided in the nursing facility	102392
before the effective date of the involuntary termination.	102393

~~Sec. 5111.221.~~ Sec. 5165.37. The department of ~~job and family~~	102394
~~services~~medicaid shall make its best efforts each year to	102395
calculate nursing facilities' medicaid payment rates under	102396
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter in	102397
time to ~~use them to make~~pay the ~~payments due to providers~~rates	102398
by the fifteenth day of August of each fiscal year. If the	102399
department is unable to calculate the rates so that they can be	102400
paid by that date, the department shall pay each provider the rate	102401
calculated for the provider's nursing facilities ~~and intermediate~~	102402
~~care facilities for the mentally retarded~~ under ~~those sections~~	102403
this chapter at the end of the previous fiscal year. If the	102404
department also is unable to calculate the rates to ~~make the~~	102405
~~payments due~~pay the rates by the fifteenth day of September and	102406
the fifteenth day of October, the department shall pay the	102407
previous fiscal year's rate to make those payments. The department	102408
may increase by five per cent the previous fiscal year's rate paid	102409
for any nursing facility pursuant to this section at the request	102410
of the provider. The department shall use rates calculated for the	102411
current fiscal year to make the payments due by the fifteenth day	102412
of November.	102413

If the rate paid to a provider for a nursing facility	102414
pursuant to this section is lower than the rate calculated for the	102415
nursing facility for the current fiscal year, the department shall	102416
pay the provider the difference between the two rates for the	102417
number of days for which the provider was paid for the nursing	102418
facility pursuant to this section. If the rate paid for a nursing	102419
facility pursuant to this section is higher than the rate	102420
calculated for it for the current fiscal year, the provider shall	102421
refund to the department the difference between the two rates for	102422
the number of days for which the provider was paid for the nursing	102423
facility pursuant to this section.	102424

~~Sec. 5111.29.~~ Sec. 5165.38. ~~(A)~~ The medicaid director ~~of job and~~	102425
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	102426
the Revised Code that establish a process under which a nursing	102427
facility provider, or a group or association of nursing facility	102428
providers, may seek reconsideration of medicaid payment rates	102429
established under ~~sections 5111.20 to 5111.331 of the Revised~~	102430
~~Code~~this chapter, including a rate for direct care costs	102431
recalculated before the effective date of the rate as a result of	102432
an exception review of resident assessment ~~information~~data	102433
conducted under section ~~5111.27~~5165.193 of the Revised Code. The	102434

~~(1) Except as provided in divisions (A)(2) to (4) of this~~	102435
~~section, the~~ only issue that a provider, group, or association may	102436
raise in the rate reconsideration shall be whether the rate was	102437
calculated in accordance with ~~sections 5111.20 to 5111.331 of the~~	102438
~~Revised Code~~this chapter and the rules adopted under section	102439
~~5111.02~~5165.02 of the Revised Code. The ~~rules shall permit a~~	102440
provider, group, or association tomay submit written arguments or	102441
other materials that support its position. The ~~rules shall specify~~	102442
provider, group, or association and department of medicaid shall	102443
take actions regarding the rate reconsideration within time frames	102444
~~within which the provider, group, or association and the~~	102445
~~department must act~~specified in rules authorized by this section.	102446
If	102447

If the department determines, as a result of the rate	102448
reconsideration, that the rate ~~established~~determined for one or	102449
more nursing facilities ~~of a provider~~ is less than the rate to	102450
which the nursing facility is entitled, the department shall	102451
increase the rate. If the department has paid the incorrect rate	102452
for a period of time, the department shall pay the provider the	102453
difference between the amount the provider was paid for that	102454
period for the nursing facility and the amount the provider should	102455
have been paid for the nursing facility.	102456

~~(2) The rules shall provide that during a fiscal year, the~~	102457
~~department, by means of the rate reconsideration process, may~~	102458
~~increase the rate determined for an intermediate care facility for~~	102459
~~the mentally retarded as calculated under sections 5111.20 to~~	102460
~~5111.331 of the Revised Code if the provider of the facility~~	102461
~~demonstrates that the facility's actual, allowable costs have~~	102462
~~increased because of extreme circumstances. A facility may qualify~~	102463
~~for a rate increase only if the facility's per diem, actual,~~	102464
~~allowable costs have increased to a level that exceeds its total~~	102465
~~rate. The rules shall specify the circumstances that would justify~~	102466
~~a rate increase under division (A)(2) of this section. The rules~~	102467
~~shall provide that the extreme circumstances include natural~~	102468
~~disasters, renovations approved under division (D) of section~~	102469
~~5111.251 of the Revised Code, an increase in workers' compensation~~	102470
~~experience rating of greater than five per cent for a facility~~	102471
~~that has an appropriate claims management program, increased~~	102472
~~security costs for an inner-city facility, and a change of~~	102473
~~ownership that results from bankruptcy, foreclosure, or findings~~	102474
~~of violations of certification requirements by the department of~~	102475
~~health. An increase under division (A)(2) of this section is~~	102476
~~subject to any rate limitations or maximum rates established by~~	102477
~~sections 5111.20 to 5111.331 of the Revised Code for specific cost~~	102478
~~centers. Any rate increase granted under division (A)(2) of this~~	102479
~~section shall take effect on the first day of the first month~~	102480
~~after the department receives the request.~~	102481

~~(3) The rules shall provide that the department, through the~~	102482
~~rate reconsideration process, may increase an intermediate care~~	102483
~~facility for the mentally retarded's rate as calculated under~~	102484
~~sections 5111.20 to 5111.331 of the Revised Code if the~~	102485
~~department, in the department's sole discretion, determines that~~	102486
~~the rate as calculated under those sections works an extreme~~	102487
~~hardship on the facility.~~	102488

~~(4) The rules shall provide that when beds certified for the~~	102489
~~medicaid program are added to an existing intermediate care~~	102490
~~facility for the mentally retarded or replaced at the same site,~~	102491
~~the department, through the rate reconsideration process, shall~~	102492
~~increase the intermediate care facility for the mentally~~	102493
~~retarded's rate for capital costs proportionately, as limited by~~	102494
~~any applicable limitation under section 5111.251 of the Revised~~	102495
~~Code, to account for the costs of the beds that are added or~~	102496
~~replaced. The department shall make this increase one month after~~	102497
~~the first day of the month after the department receives~~	102498
~~sufficient documentation of the costs. Any rate increase granted~~	102499
~~under division (A)(4) of this section after June 30, 1993, shall~~	102500
~~remain in effect until the effective date of a rate calculated~~	102501
~~under section 5111.251 of the Revised Code that includes costs~~	102502
~~incurred for a full calendar year for the bed addition or bed~~	102503
~~replacement. The facility shall report double accumulated~~	102504
~~depreciation in an amount equal to the depreciation included in~~	102505
~~the rate adjustment on its cost report for the first year of~~	102506
~~operation. During the term of any loan used to finance a project~~	102507
~~for which a rate adjustment is granted under division (A)(4) of~~	102508
~~this section, if the facility is operated by the same provider,~~	102509
~~the provider shall subtract from the interest costs it reports on~~	102510
~~its cost report an amount equal to the difference between the~~	102511
~~following:~~	102512

~~(a) The actual, allowable interest costs for the loan during~~	102513
~~the calendar year for which the costs are being reported;~~	102514

~~(b) The actual, allowable interest costs attributable to the~~	102515
~~loan that were used to calculate the rates paid to the provider~~	102516
~~for the facility during the same calendar year.~~	102517

~~(5) The department's decision at the conclusion of the~~	102518
~~reconsideration process shall not be subject to any administrative~~	102519
~~proceedings under Chapter 119. or any other provision of the~~	102520
~~Revised Code.~~	102521

~~(B) All of the following are subject to an adjudication~~	102522
~~conducted in accordance with Chapter 119. of the Revised Code:~~	102523

~~(1) Any audit disallowance that the department makes as the~~	102524
~~result of an audit under section 5111.27 of the Revised Code;~~	102525

~~(2) Any adverse finding that results from an exception review~~	102526
~~of resident assessment information conducted under section 5111.27~~	102527
~~of the Revised Code after the effective date of the facility's~~	102528
~~rate that is based on the assessment information;~~	102529

~~(3) Any medicaid payment deemed an overpayment under section~~	102530
~~5111.683 of the Revised Code;~~	102531

~~(4) Any penalty the department imposes under division (C) of~~	102532
~~section 5111.28 of the Revised Code or section 5111.683 of the~~	102533
~~Revised Code.~~	102534

~~Sec. 5111.28.~~ Sec. 5165.40. ~~(A)~~ If a nursing facility provider	102535
properly amends ~~its~~a cost report for the nursing facility under	102536
section ~~5111.261~~5165.107 of the Revised Code and the amended	102537
report shows that the provider received a lower medicaid payment	102538
rate under the original cost report than itthe provider was	102539
entitled to receive, the department of ~~job and family services~~	102540
medicaid shall adjust the provider's rate for the nursing facility	102541
prospectively to reflect the corrected information. The department	102542
shall pay the adjusted rate beginning two months after the first	102543
day of the month after the provider files the amended cost report.	102544
If	102545

If the department finds, from an exception review of resident	102546
assessment ~~information~~data conducted pursuant to section 5165.193	102547
of the Revised Code after the effective date of ~~the~~a nursing	102548
facility's rate for direct care costs that is based on the	102549
resident assessment ~~information~~data, that inaccurate resident	102550
assessment ~~information~~data resulted in the provider receiving a	102551
lower rate for the nursing facility than it was entitled to	102552
receive, the department prospectively shall adjust the provider's	102553
rate accordingly ~~and~~. The department shall make payments to the	102554
provider using the adjusted rate for the remainder of the ~~calendar~~	102555
~~quarter~~six-month period for which the resident assessment	102556
~~information~~data is used to determine the rate, beginning one	102557
month after the first day of the month after the exception review	102558
is completed.	102559

~~(B) If the provider properly amends its cost report under~~	102560
~~section 5111.261 of the Revised Code, the department makes a~~	102561
~~finding based on an audit under section 5111.27 of the Revised~~	102562
~~Code, or the~~ ~~department~~ makes a finding based on an exception	102563
review of resident assessment information conducted under section	102564
5111.27 of the Revised Code after the effective date of the rate	102565
for direct care costs that is based on the assessment information,	102566
any of which results in a determination that the provider has	102567
received a higher rate than it was entitled to receive, the	102568
~~department~~ shall recalculate the provider's rate using the revised	102569
information. The ~~department~~ shall apply the recalculated rate to	102570
the periods when the provider received the incorrect rate to	102571
determine the amount of the overpayment. The provider shall refund	102572
the amount of the overpayment.	102573

~~In addition to requiring a refund under this division, the~~	102574
~~department may charge the provider interest at the applicable rate~~	102575
~~specified in this division from the time the overpayment was made.~~	102576

~~(1) If the overpayment resulted from costs reported for~~	102577
~~calendar year 1993, the interest shall be no greater than one and~~	102578
~~one-half times the average bank prime rate.~~	102579

~~(2) If the overpayment resulted from costs reported for~~	102580
~~subsequent calendar years:~~	102581

~~(a) The interest shall be no greater than two times the~~	102582
~~average bank prime rate if the overpayment was equal to or less~~	102583
~~than one per cent of the total medicaid payments to the provider~~	102584
~~for the fiscal year for which the incorrect information was used~~	102585
~~to establish a rate.~~	102586

~~(b) The interest shall be no greater than two and one-half~~	102587
~~times the current average bank prime rate if the overpayment was~~	102588
~~greater than one per cent of the total medicaid payments to the~~	102589
~~provider for the fiscal year for which the incorrect information~~	102590
~~was used to establish a rate.~~	102591

~~(C) The department also may impose the following penalties:~~

102592

~~(1) If a provider does not furnish invoices or other~~	102593
~~documentation that the department requests during an audit within~~	102594
~~sixty days after the request, no more than the greater of one~~	102595
~~thousand dollars per audit or twenty-five per cent of the~~	102596
~~cumulative amount by which the costs for which documentation was~~	102597
~~not furnished increased the total medicaid payments to the~~	102598
~~provider during the fiscal year for which the costs were used to~~	102599
~~establish a rate;~~	102600

~~(2) If an exiting operator or owner fails to provide notice~~	102601
~~of a facility closure, voluntary termination, or voluntary~~	102602
~~withdrawal of participation in the medicaid program as required by~~	102603
~~section 5111.66 of the Revised Code, or an exiting operator or~~	102604
~~owner and entering operator fail to provide notice of a change of~~	102605
~~operator as required by section 5111.67 of the Revised Code, no~~	102606
~~more than the current average bank prime rate plus four per cent~~	102607
~~of the last two monthly payments.~~	102608

~~(D) If the provider continues to participate in the medicaid~~	102609
~~program, the department shall deduct any amount that the provider~~	102610
~~is required to refund under this section, and the amount of any~~	102611
~~interest charged or penalty imposed under this section, from the~~	102612
~~next available payment from the~~ ~~department~~ to the provider. The	102613
~~department~~ and the provider may enter into an agreement under	102614
which the amount, together with interest, is deducted in	102615
installments from payments from the ~~department~~ to the provider.	102616

~~(E) The department shall transmit refunds and penalties to~~	102617
~~the treasurer of state for deposit in the general revenue fund.~~	102618

~~(F) For the purpose of this section, the department shall~~	102619
~~determine the average bank prime rate using statistical release~~	102620
~~H.15, "selected interest rates," a weekly publication of the~~	102621
~~federal reserve board, or any successor publication. If~~	102622
~~statistical release H.15, or its successor, ceases to contain the~~	102623
~~bank prime rate information or ceases to be published, the~~	102624
~~department~~ shall request a written statement of the average bank	102625
prime rate from the federal reserve bank of Cleveland or the	102626
federal reserve board.	102627

Sec. 5165.41. (A) The department of medicaid shall	102628
redetermine a provider's medicaid payment rate for a nursing	102629
facility using revised information if any of the following results	102630
in a determination that the provider received a higher medicaid	102631
payment rate for the nursing facility than the provider was	102632
entitled to receive:	102633

(1) The provider properly amends a cost report for the	102634
nursing facility under section 5165.107 of the Revised Code;	102635

(2) The department makes a finding based on an audit under	102636
section 5165.109 of the Revised Code;	102637

(3) The department makes a finding based on an exception	102638
review of resident assessment data conducted under section	102639
5165.193 of the Revised Code after the effective date of the	102640
nursing facility's rate for direct care costs that is based on the	102641
resident assessment data;	102642

(4) The department makes a finding based on a post-payment	102643
review conducted under section 5165.49 of the Revised Code.	102644

(B) The department shall apply the redetermined rate to the	102645
periods when the provider received the incorrect rate to determine	102646
the amount of the overpayment. The provider shall refund the	102647
amount of the overpayment. The department may charge the provider	102648
the following amount of interest from the time the overpayment was	102649
made:	102650

(1) If the overpayment resulted from costs reported for	102651
calendar year 1993, the interest shall be no greater than one and	102652
one-half times the current average bank prime rate.	102653

(2) If the overpayment resulted from costs reported for a	102654
subsequent calendar year:	102655

(a) The interest shall be no greater than two times the	102656
current average bank prime rate if the overpayment was no more	102657
than one per cent of the total medicaid payments to the provider	102658
for the fiscal year for which the overpayment was made.	102659

(b) The interest shall be no greater than two and one-half	102660
times the current average bank prime rate if the overpayment was	102661
more than one per cent of the total medicaid payments to the	102662
provider for the fiscal year for which the overpayment was made.	102663

Sec. 5165.42. In addition to the other penalties authorized	102664
by this chapter, the department of medicaid may impose the	102665
following penalties on a nursing facility provider:	102666

(A) If the provider does not furnish invoices or other	102667
documentation that the department requests during an audit within	102668
sixty days after the request, a fine of no more than the greater	102669
of the following:	102670

(1) One thousand dollars per audit;

102671

(2) Twenty-five per cent of the cumulative amount by which	102672
the costs for which documentation was not furnished increased the	102673
total medicaid payments to the provider during the fiscal year for	102674
which the costs were used to determine a rate.	102675

(B) If an exiting operator or owner fails to provide notice	102676
of a facility closure or voluntary withdrawal of participation in	102677
the medicaid program as required by section 5165.50 of the Revised	102678
Code, or an exiting operator or owner and entering operator fail	102679
to provide notice of a change of operator as required by section	102680
5165.51 of the Revised Code, a fine of not more than the current	102681
average bank prime rate plus four per cent of the last two monthly	102682
payments.	102683

Sec. 5165.43. For the purposes of sections 5165.41 and	102684
5165.42 of the Revised Code, the department of medicaid shall	102685
determine the current average bank prime rate using statistical	102686
release H.15, "selected interest rates," a weekly publication of	102687
the federal reserve board, or any successor publication. If	102688
statistical release H.15, or its successor, ceases to contain the	102689
bank prime rate information or ceases to be published, the	102690
department shall request a written statement of the average bank	102691
prime rate from the federal reserve bank of Cleveland or the	102692
federal reserve board.	102693

Sec. 5165.44. (A) Except as provided in division (B) of this	102694
section, the department of medicaid shall deduct the following	102695
from the next available medicaid payment the department makes to a	102696
nursing facility provider who continues to participate in	102697
medicaid:	102698

(1) Any amount the provider is required to refund, and any	102699
interest charged, under section 5165.41 of the Revised Code;	102700

(2) The amount of any penalty imposed on the provider under	102701
section 5165.42 of the Revised Code.	102702

(B) The department and a nursing facility provider may enter	102703
into an agreement under which a deduction required by division (A)	102704
of this section is taken in installments from payments the	102705
department makes to the provider.	102706

Sec. 5165.45. The department of medicaid shall transmit to	102707
the treasurer of state for deposit in the general revenue fund	102708
amounts collected from the following:	102709

(A) Refunds required by, and interest charged under, section	102710
5165.41 of the Revised Code;	102711

(B) Amounts collected from penalties imposed under section	102712
5165.42 of the Revised Code.	102713

Sec. 5165.46. All of the following are subject to an	102714
adjudication conducted in accordance with Chapter 119. of the	102715
Revised Code:	102716

(A) Any audit disallowance that the department of medicaid	102717
makes as the result of an audit under section 5165.109 of the	102718
Revised Code;	102719

(B) Any adverse finding that results from an exception review	102720
of resident assessment data conducted for a nursing facility under	102721
section 5165.193 of the Revised Code after the effective date of	102722
the nursing facility's medicaid payment rate for direct care costs	102723
that is based on the resident assessment data;	102724

(C) Any medicaid payment deemed an overpayment under section	102725
5165.523 of the Revised Code;	102726

(D) Any penalty the department imposes under section 5165.42	102727
of the Revised Code or section 5165.523 of the Revised Code.	102728

~~Sec. 5111.262.~~ Sec. 5165.47. No person, other than ~~the~~a nursing	102729
facility provider ~~of a nursing facility~~, shall submit a claim for	102730
medicaid ~~reimbursement~~payment for a service provided to a	102731
nursing facility resident if the service is included in a medicaid	102732
payment made to the nursing facility provider ~~of a nursing~~	102733
~~facility~~ under ~~sections 5111.20 to 5111.33 of the Revised Code~~	102734
this chapter or in the ~~reimbursable~~allowable expenses reported	102735
on a provider's cost report for a nursing facility. No nursing	102736
facility provider ~~of a nursing facility~~ shall submit a separate	102737
claim for medicaid ~~reimbursement~~payment for a service provided	102738
to a resident of the nursing facility if the service is included	102739
in a medicaid payment made to the provider under ~~sections 5111.20~~	102740
~~to 5111.331 of the Revised Code~~this chapter or in the	102741
~~reimbursable~~allowable expenses on the provider's cost report for	102742
the nursing facility.	102743

~~Sec. 5111.0211.~~ Sec. 5165.48. ~~As used in this section, "nursing~~	102744
~~facility" and "provider" have the same meanings as in section~~	102745
~~5111.20 of the Revised Code.~~	102746

The provider of a nursing facility is not required to submit	102747
a claim to the department of ~~job and family services~~medicaid	102748
regarding the medicare cost-sharing expenses of a resident of the	102749
nursing facility who, under federal law, is eligible to have the	102750
medicaid program pay for a part of the cost-sharing expenses if	102751
the provider determines that, under rules adopted under section	102752
~~5111.02~~5165.02 of the Revised Code, the nursing facility would	102753
not receive a medicaid payment for any part of the medicare	102754
cost-sharing expenses. In such a situation, a claim for the	102755
medicare cost-sharing expenses shall be considered to have been	102756
adjudicated at no payment.	102757

Sec. 5165.49. The department of medicaid may conduct a	102758
post-payment review of a claim submitted by a nursing facility	102759
provider and paid by the medicaid program to determine whether the	102760
provider was overpaid. The department shall provide the provider a	102761
written summary of the review's results. The review's results are	102762
not subject to an adjudication under Chapter 119. of the Revised	102763
Code; however, the provider may request that the medicaid director	102764
reconsider the review's results. The director shall reconsider the	102765
review's results on receipt of a request made in good faith. The	102766
department shall not deduct any amounts the department claims to	102767
be due from the provider as a result of the review from the	102768
provider's medicaid payments pursuant to section 5165.44 of the	102769
Revised Code until the conclusion of the director's	102770
reconsideration, if any, of the review.	102771

~~Sec. 5111.66.~~ Sec. 5165.50. An exiting operator or owner of a	102772
nursing facility ~~or intermediate care facility for the mentally~~	102773
~~retarded~~ participating in the medicaid program shall provide the	102774
department of ~~job and family services~~medicaid written notice of a	102775
facility closure~~, voluntary termination,~~ or voluntary withdrawal	102776
of participation not less than ninety days before the effective	102777
date of the facility closure~~, voluntary termination,~~ or voluntary	102778
withdrawal of participation. The written notice shall be provided	102779
to the department in accordance with the method specified in rules	102780
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	102781
Revised Code.	102782

The written notice shall include all of the following:

102783

(A) The name of the exiting operator and, if any, the exiting	102784
operator's authorized agent;	102785

(B) The name of the nursing facility ~~or intermediate care~~	102786
~~facility for the mentally retarded~~ that is the subject of the	102787
written notice;	102788

(C) The exiting operator's medicaid provider agreement number	102789
for the nursing facility that is the subject of the written	102790
notice;	102791

(D) The effective date of the facility closure~~, voluntary~~	102792
~~termination,~~ or voluntary withdrawal of participation;	102793

(E) The signature of the exiting operator's or owner's	102794
representative.	102795

~~Sec. 5111.661.~~ Sec. 5165.501. An operator shall comply with ~~section~~	102796
~~1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286 (1965)~~	102797
section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F) if the operator's	102798
nursing facility undergoes a voluntary withdrawal of	102799
participation.	102800

~~Sec. 5111.67.~~ Sec. 5165.51. (A) An exiting operator or owner and	102801
entering operator shall provide the department of ~~job and family~~	102802
~~services~~medicaid written notice of a change of operator if the	102803
nursing facility ~~or intermediate care facility for the mentally~~	102804
~~retarded~~ participates in the medicaid program and the entering	102805
operator seeks to continue the nursing facility's participation.	102806
The written notice shall be provided to the department in	102807
accordance with the method specified in rules ~~adopted under~~	102808
authorized by section ~~5111.689~~5165.53 of the Revised Code. The	102809
written notice shall be provided to the department not later than	102810
forty-five days before the effective date of the change of	102811
operator if the change of operator does not entail the relocation	102812
of residents. The written notice shall be provided to the	102813
department not later than ninety days before the effective date of	102814
the change of operator if the change of operator entails the	102815
relocation of residents.	102816

The written notice shall include all of the following:

102817

(1) The name of the exiting operator and, if any, the exiting	102818
operator's authorized agent;	102819

(2) The name of the nursing facility ~~or intermediate care~~	102820
~~facility for the mentally retarded~~ that is the subject of the	102821
change of operator;	102822

(3) The exiting operator's seven-digit medicaid legacy number	102823
and ten-digit national provider identifier number for the nursing	102824
facility that is the subject of the change of operator;	102825

(4) The name of the entering operator;

102826

(5) The effective date of the change of operator;

102827

(6) The manner in which the entering operator becomes the	102828
nursing facility's operator, including through sale, lease,	102829
merger, or other action;	102830

(7) If the manner in which the entering operator becomes the	102831
nursing facility's operator involves more than one step, a	102832
description of each step;	102833

(8) Written authorization from the exiting operator or owner	102834
and entering operator for the department to process a provider	102835
agreement for the entering operator;	102836

(9) The names and addresses of the persons to whom the	102837
department should send initial correspondence regarding the change	102838
of operator;	102839

(10) If the nursing facility also participates in the	102840
medicare program, notification of whether the entering operator	102841
intends to accept assignment of the exiting operator's medicare	102842
provider agreement;	102843

(11) The signature of the exiting operator's or owner's	102844
representative.	102845

(B) An exiting operator or owner and entering operator	102846
immediately shall provide the department written notice of any	102847
changes to information included in a written notice of a change of	102848
operator that occur after that notice is provided to the	102849
department. The notice of the changes shall be provided to the	102850
department in accordance with the method specified in rules	102851
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	102852
Revised Code.	102853

~~Sec. 5111.671.~~ Sec. 5165.511. The department of ~~job and family~~	102854
~~services~~medicaid may enter into a provider agreement with an	102855
entering operator that goes into effect at 12:01 a.m. on the	102856
effective date of the change of operator if all of the following	102857
requirements are met:	102858

(A) The department receives a properly completed written	102859
notice required by section ~~5111.67~~5165.51 of the Revised Code on	102860
or before the date required by that section.	102861

(B) The department receives both of the following in	102862
accordance with the method specified in rules ~~adopted under~~	102863
authorized by section ~~5111.689~~5165.53 of the Revised Code and not	102864
later than ten days after the effective date of the change of	102865
operator:	102866

(1) From the entering operator, a completed application for a	102867
provider agreement and all other forms and documents specified in	102868
rules ~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	102869
Revised Code;	102870

(2) From the exiting operator or owner, all forms and	102871
documents specified in rules ~~adopted under~~authorized by section	102872
~~5111.689~~5165.53 of the Revised Code.	102873

(C) The entering operator is eligible for medicaid payments	102874
as provided in section ~~5111.21~~5165.06 of the Revised Code.	102875

~~Sec. 5111.672.~~ Sec. 5165.512. (A) The department of ~~job and family~~	102876
~~services~~medicaid may enter into a provider agreement with an	102877
entering operator that goes into effect at 12:01 a.m. on the date	102878
determined under division (B) of this section if all of the	102879
following are the case:	102880

(1) The department receives a properly completed written	102881
notice required by section ~~5111.67~~5165.51 of the Revised Code.	102882

(2) The department receives, from the entering operator and	102883
in accordance with the method specified in rules ~~adopted under~~	102884
authorized by section ~~5111.689~~5165.53 of the Revised Code, a	102885
completed application for a provider agreement and all other forms	102886
and documents specified in rules adopted under that section.	102887

(3) The department receives, from the exiting operator or	102888
owner and in accordance with the method specified in rules ~~adopted~~	102889
~~under~~authorized by section ~~5111.689~~5165.53 of the Revised Code,	102890
all forms and documents specified in rules adopted under that	102891
section.	102892

(4) One or more of the following apply:

102893

(a) The requirement of division (A)(1) of this section is met	102894
after the time required by section ~~5111.67~~5165.51 of the Revised	102895
Code;	102896

(b) The requirement of division (A)(2) of this section is met	102897
more than ten days after the effective date of the change of	102898
operator;	102899

(c) The requirement of division (A)(3) of this section is met	102900
more than ten days after the effective date of the change of	102901
operator.	102902

(5) The entering operator is eligible for medicaid payments	102903
as provided in section ~~5111.21~~5165.06 of the Revised Code.	102904

(B) The department shall determine the date a provider	102905
agreement entered into under this section is to go into effect as	102906
follows:	102907

(1) The effective date shall give the department sufficient	102908
time to process the change of operator, assure no duplicate	102909
payments are made, and make the withholding required by section	102910
~~5111.681~~5165.521 of the Revised Code.	102911

(2) The effective date shall be not earlier than the latest	102912
of the following:	102913

(a) The effective date of the change of operator;

102914

(b) The date that the entering operator complies with section	102915
~~5111.67~~5165.51 of the Revised Code and division (A)(2) of this	102916
section;	102917

(c) The date that the exiting operator or owner complies with	102918
section ~~5111.67~~5165.51 of the Revised Code and division (A)(3) of	102919
this section.	102920

(3) The effective date shall be not later than the following	102921
after the later of the dates specified in division (B)(2) of this	102922
section:	102923

(a) Forty-five days if the change of operator does not entail	102924
the relocation of residents;	102925

(b) Ninety days if the change of operator entails the	102926
relocation of residents.	102927

~~Sec. 5111.673.~~ Sec. 5165.513. A provider that enters into a	102928
provider agreement with the department of ~~job and family services~~	102929
medicaid under section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of	102930
the Revised Code shall do all of the following:	102931

(A) Comply with all applicable federal statutes and	102932
regulations;	102933

(B) Comply with section ~~5111.22~~5165.07 of the Revised Code	102934
and all other applicable state statutes and rules;	102935

(C) Comply with all the terms and conditions of the exiting	102936
operator's provider agreement, including, but not limited to, all	102937
of the following:	102938

(1) Any plan of correction;

102939

(2) Compliance with health and safety standards;

102940

(3) Compliance with the ownership and financial interest	102941
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	102942

(4) Compliance with the civil rights requirements of 45	102943
C.F.R. parts 80, 84, and 90;	102944

(5) Compliance with additional requirements imposed by the	102945
department;	102946

(6) Any sanctions relating to remedies for violation of the	102947
provider agreement, including deficiencies, compliance periods,	102948
accountability periods, monetary penalties, notification for	102949
correction of contract violations, and history of deficiencies.	102950

~~Sec. 5111.674.~~ Sec. 5165.514. In the case of a change of operator,	102951
the exiting operator shall be considered to be the operator of the	102952
nursing facility ~~or intermediate care facility for the mentally~~	102953
~~retarded~~ for purposes of the medicaid program, including medicaid	102954
payments, until the effective date of the entering operator's	102955
provider agreement if the provider agreement is entered into under	102956
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	102957
Code.	102958

~~Sec. 5111.675.~~ Sec. 5165.515. The department of ~~job and family~~	102959
~~services~~medicaid may enter into a provider agreement as provided	102960
in section ~~5111.22~~5165.07 of the Revised Code, rather than	102961
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	102962
Code, with an entering operator if the entering operator does not	102963
agree to a provider agreement that satisfies the requirements of	102964
division (C) of section ~~5111.673~~5165.513 of the Revised Code. The	102965
department may not enter into the provider agreement unless the	102966
department of health certifies the nursing facility or	102967
~~intermediate care facility for the mentally retarded under Title~~	102968
~~XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	102969
~~1396, as amended~~for participation in medicaid. The effective date	102970
of the provider agreement shall not precede any of the following:	102971

(A) The date that the department of health certifies the	102972
nursing facility;	102973

(B) The effective date of the change of operator;

102974

(C) The date the requirement of section ~~5111.67~~5165.51 of	102975
the Revised Code is satisfied.	102976

~~Sec. 5111.676.~~ Sec. 5165.516. The medicaid director ~~of job and~~	102977
~~family services~~ may adopt rules ~~in accordance with Chapter 119.~~	102978
under section 5165.02 of the Revised Code governing adjustments	102979
to the medicaid ~~reimbursement~~payment rate for a nursing facility	102980
~~or intermediate care facility for the mentally retarded~~ that	102981
undergoes a change of operator. No rate adjustment resulting from	102982
a change of operator shall be effective before the effective date	102983
of the entering operator's provider agreement. This is the case	102984
regardless of whether the provider agreement is entered into under	102985
section ~~5111.671~~5165.511, section ~~5111.672~~5165.512, or, pursuant	102986
to section ~~5111.675~~5165.515, section ~~5111.22~~5165.07 of the	102987
Revised Code.	102988

~~Sec. 5111.677.~~ Sec. 5165.517. ~~Neither of the following~~The	102989
department of health's determination that a change of operator has	102990
or has not occurred for purposes of licensure under Chapter 3721.	102991
of the Revised Code shall not affect the department of ~~job and~~	102992
~~family services'~~medicaid's determination of whether or when a	102993
change of operator occurs or the effective date of an entering	102994
operator's provider agreement under section ~~5111.671~~5165.511,	102995
section ~~5111.672~~5165.512, or, pursuant to section ~~5111.675~~	102996
5165.515, section ~~5111.22~~5165.07 of the Revised Code:	102997

~~(A) The department of health's determination that a change of~~	102998
~~operator has or has not occurred for purposes of licensure under~~	102999
~~Chapter 3721. of the Revised Code;~~	103000

~~(B) The department of developmental disabilities'~~	103001
~~determination that a change of operator has or has not occurred~~	103002
~~for purposes of licensure under section 5123.19 of the Revised~~	103003
~~Code~~.	103004

~~Sec. 5111.68.~~ Sec. 5165.52. (A) On receipt of a written notice	103005
under section ~~5111.66~~5165.50 of the Revised Code of a facility	103006
closure~~, voluntary termination,~~ or voluntary withdrawal of	103007
participation, on receipt of a written notice under section	103008
~~5111.67~~5165.51 of the Revised Code of a change of operator, or on	103009
the effective date of an involuntary termination, the department	103010
of ~~job and family services~~medicaid shall estimate the amount of	103011
any overpayments made under the medicaid program to the exiting	103012
operator, including overpayments the exiting operator disputes,	103013
and other actual and potential debts the exiting operator owes or	103014
may owe to the department and United States centers for medicare	103015
and medicaid services under the medicaid program, including a	103016
franchise permit fee.	103017

(B) In estimating the exiting operator's other actual and	103018
potential debts to the department and the United States centers	103019
for medicare and medicaid services under the medicaid program, the	103020
department shall use a debt estimation methodology the medicaid	103021
director ~~of job and family services~~ shall establish in rules	103022
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	103023
Revised Code. The methodology shall provide for estimating all of	103024
the following that the department determines are applicable:	103025

(1) Refunds due the department under section ~~5111.27~~5165.41	103026
of the Revised Code;	103027

(2) Interest owed to the department and United States centers	103028
for medicare and medicaid services;	103029

(3) Final civil monetary and other penalties for which all	103030
right of appeal has been exhausted;	103031

(4) Money owed the department and United States centers for	103032
medicare and medicaid services from any outstanding final fiscal	103033
audit, including a final fiscal audit for the last fiscal year or	103034
portion thereof in which the exiting operator participated in the	103035
medicaid program;	103036

(5) Other amounts the department determines are applicable.

103037

(C) The department shall provide the exiting operator written	103038
notice of the department's estimate under division (A) of this	103039
section not later than thirty days after the department receives	103040
the notice under section ~~5111.66~~5165.50 of the Revised Code of	103041
the facility closure~~, voluntary termination,~~ or voluntary	103042
withdrawal of participation; the department receives the notice	103043
under section ~~5111.67~~5165.51 of the Revised Code of the change	103044
of operator; or the effective date of the involuntary termination.	103045
The department's written notice shall include the basis for the	103046
estimate.	103047

~~Sec. 5111.681.~~ Sec. 5165.521. (A) Except as provided in divisions	103048
(B), (C), and (D) of this section, the department of ~~job and~~	103049
~~family services~~medicaid may withhold from payment due an exiting	103050
operator under the medicaid program the total amount specified in	103051
the notice provided under division (C) of section ~~5111.68~~5165.52	103052
of the Revised Code that the exiting operator owes or may owe to	103053
the department and United States centers for medicare and medicaid	103054
services under the medicaid program.	103055

(B) In the case of a change of operator and subject to	103056
division (E) of this section, the following shall apply regarding	103057
a withholding under division (A) of this section if the exiting	103058
operator or entering operator or an affiliated operator executes a	103059
successor liability agreement meeting the requirements of division	103060
(F) of this section:	103061

(1) If the exiting operator, entering operator, or affiliated	103062
operator assumes liability for the total, actual amount of debt	103063
the exiting operator owes the department and the United States	103064
centers for medicare and medicaid services under the medicaid	103065
program as determined under section ~~5111.685~~5165.525 of the	103066
Revised Code, the department shall not make the withholding.	103067

(2) If the exiting operator, entering operator, or affiliated	103068
operator assumes liability for only the portion of the amount	103069
specified in division (B)(1) of this section that represents the	103070
franchise permit fee the exiting operator owes, the department	103071
shall withhold not more than the difference between the total	103072
amount specified in the notice provided under division (C) of	103073
section ~~5111.68~~5165.52 of the Revised Code and the amount for	103074
which the exiting operator, entering operator, or affiliated	103075
operator assumes liability.	103076

(C) In the case of a ~~voluntary termination,~~ voluntary	103077
withdrawal of participation, or facility closure and subject to	103078
division (E) of this section, the following shall apply regarding	103079
a withholding under division (A) of this section if the exiting	103080
operator or an affiliated operator executes a successor liability	103081
agreement meeting the requirements of division (F) of this	103082
section:	103083

(1) If the exiting operator or affiliated operator assumes	103084
liability for the total, actual amount of debt the exiting	103085
operator owes the department and the United States centers for	103086
medicare and medicaid services under the medicaid program as	103087
determined under section ~~5111.685~~5165.525 of the Revised Code,	103088
the department shall not make the withholding.	103089

(2) If the exiting operator or affiliated operator assumes	103090
liability for only the portion of the amount specified in division	103091
(C)(1) of this section that represents the franchise permit fee	103092
the exiting operator owes, the department shall withhold not more	103093
than the difference between the total amount specified in the	103094
notice provided under division (C) of section ~~5111.68~~5165.52 of	103095
the Revised Code and the amount for which the exiting operator or	103096
affiliated operator assumes liability.	103097

(D) In the case of an involuntary termination and subject to	103098
division (E) of this section, the following shall apply regarding	103099
a withholding under division (A) of this section if the exiting	103100
operator, the entering operator, or an affiliated operator	103101
executes a successor liability agreement meeting the requirements	103102
of division (F) of this section and the department approves the	103103
successor liability agreement:	103104

(1) If the exiting operator, entering operator, or affiliated	103105
operator assumes liability for the total, actual amount of debt	103106
the exiting operator owes the department and the United States	103107
centers for medicare and medicaid services under the medicaid	103108
program as determined under section ~~5111.685~~5165.525 of the	103109
Revised Code, the department shall not make the withholding.	103110

(2) If the exiting operator, entering operator, or affiliated	103111
operator assumes liability for only the portion of the amount	103112
specified in division (D)(1) of this section that represents the	103113
franchise permit fee the exiting operator owes, the department	103114
shall withhold not more than the difference between the total	103115
amount specified in the notice provided under division (C) of	103116
section ~~5111.68~~5165.52 of the Revised Code and the amount for	103117
which the exiting operator, entering operator, or affiliated	103118
operator assumes liability.	103119

(E) For an exiting operator or affiliated operator to be	103120
eligible to enter into a successor liability agreement under	103121
division (B), (C), or (D) of this section, both of the following	103122
must apply:	103123

(1) The exiting operator or affiliated operator must have one	103124
or more valid provider agreements, other than the provider	103125
agreement for the nursing facility ~~or intermediate care facility~~	103126
~~for the mentally retarded~~ that is the subject of the involuntary	103127
termination, ~~voluntary termination,~~ voluntary withdrawal of	103128
participation, facility closure, or change of operator;	103129

(2) During the twelve-month period preceding either the	103130
effective date of the involuntary termination or the month in	103131
which the department receives the notice of the ~~voluntary~~	103132
~~termination,~~ voluntary withdrawal of participation, or facility	103133
closure under section ~~5111.66~~5165.50 of the Revised Code or the	103134
notice of the change of operator under section ~~5111.67~~5165.51 of	103135
the Revised Code, the average monthly medicaid payment made to the	103136
exiting operator or affiliated operator pursuant to the exiting	103137
operator's or affiliated operator's one or more provider	103138
agreements, other than the provider agreement for the nursing	103139
facility ~~or intermediate care facility for the mentally retarded~~	103140
that is the subject of the involuntary termination, ~~voluntary~~	103141
~~termination,~~ voluntary withdrawal of participation, facility	103142
closure, or change of operator, must equal at least ninety per	103143
cent of the sum of the following:	103144

(a) The average monthly medicaid payment made to the exiting	103145
operator pursuant to the exiting operator's provider agreement for	103146
the nursing facility ~~or intermediate care facility for the~~	103147
~~mentally retarded~~ that is the subject of the involuntary	103148
termination, ~~voluntary termination,~~ voluntary withdrawal of	103149
participation, facility closure, or change of operator;	103150

(b) Whichever of the following apply:

103151

(i) If the exiting operator or affiliated operator has	103152
assumed liability under one or more other successor liability	103153
agreements, the total amount for which the exiting operator or	103154
affiliated operator has assumed liability under the other	103155
successor liability agreements;	103156

(ii) If the exiting operator or affiliated operator has not	103157
assumed liability under any other successor liability agreements,	103158
zero.	103159

(F) A successor liability agreement executed under this	103160
section must comply with all of the following:	103161

(1) It must provide for the operator who executes the	103162
successor liability agreement to assume liability for either of	103163
the following as specified in the agreement:	103164

(a) The total, actual amount of debt the exiting operator	103165
owes the department and the United States centers for medicare and	103166
medicaid services under the medicaid program as determined under	103167
section ~~5111.685~~5165.525 of the Revised Code;	103168

(b) The portion of the amount specified in division (F)(1)(a)	103169
of this section that represents the franchise permit fee the	103170
exiting operator owes.	103171

(2) It may not require the operator who executes the	103172
successor liability agreement to furnish a surety bond.	103173

(3) It must provide that the department, after determining	103174
under section ~~5111.685~~5165.525 of the Revised Code the actual	103175
amount of debt the exiting operator owes the department and United	103176
States centers for medicare and medicaid services under the	103177
medicaid program, may deduct the lesser of the following from	103178
medicaid payments made to the operator who executes the successor	103179
liability agreement:	103180

(a) The total, actual amount of debt the exiting operator	103181
owes the department and the United States centers for medicare and	103182
medicaid services under the medicaid program as determined under	103183
section ~~5111.685~~5165.525 of the Revised Code;	103184

(b) The amount for which the operator who executes the	103185
successor liability agreement assumes liability under the	103186
agreement.	103187

(4) It must provide that the deductions authorized by	103188
division (F)(3) of this section are to be made for a number of	103189
months, not to exceed six, agreed to by the operator who executes	103190
the successor liability agreement and the department or, if the	103191
operator who executes the successor liability agreement and	103192
department cannot agree on a number of months that is less than	103193
six, a greater number of months determined by the attorney general	103194
pursuant to a claims collection process authorized by statute of	103195
this state.	103196

(5) It must provide that, if the attorney general determines	103197
the number of months for which the deductions authorized by	103198
division (F)(3) of this section are to be made, the operator who	103199
executes the successor liability agreement shall pay, in addition	103200
to the amount collected pursuant to the attorney general's claims	103201
collection process, the part of the amount so collected that, if	103202
not for division (H) of this section, would be required by section	103203
109.081 of the Revised Code to be paid into the attorney general	103204
claims fund.	103205

(G) Execution of a successor liability agreement does not	103206
waive an exiting operator's right to contest the amount specified	103207
in the notice the department provides the exiting operator under	103208
division (C) of section ~~5111.68~~5165.52 of the Revised Code.	103209

(H) Notwithstanding section 109.081 of the Revised Code, the	103210
entire amount that the attorney general, whether by employees or	103211
agents of the attorney general or by special counsel appointed	103212
pursuant to section 109.08 of the Revised Code, collects under a	103213
successor liability agreement, other than the additional amount	103214
the operator who executes the agreement is required by division	103215
(F)(5) of this section to pay, shall be paid to the department of	103216
~~job and family services~~medicaid for deposit into the appropriate	103217
fund. The additional amount that the operator is required to pay	103218
shall be paid into the state treasury to the credit of the	103219
attorney general claims fund created under section 109.081 of the	103220
Revised Code.	103221

~~Sec. 5111.682.~~ Sec. 5165.522. (A) Except as provided in division	103222
(B) of this section, an exiting operator shall file with the	103223
department of ~~job and family services~~medicaid a cost report not	103224
later than ninety days after the last day the exiting operator's	103225
provider agreement is in effect or, in the case of a voluntary	103226
withdrawal of participation, the effective date of the voluntary	103227
withdrawal of participation. The cost report shall cover the	103228
period that begins with the day after the last day covered by the	103229
operator's most recent previous cost report required by section	103230
~~5111.26~~5165.10 of the Revised Code and ends on the last day the	103231
exiting operator's provider agreement is in effect or, in the case	103232
of a voluntary withdrawal of participation, the effective date of	103233
the voluntary withdrawal of participation. The cost report shall	103234
include, as applicable, all of the following:	103235

(1) The sale price of the nursing facility ~~or intermediate~~	103236
~~care facility for the mentally retarded~~;	103237

(2) A final depreciation schedule that shows which assets are	103238
transferred to the buyer and which assets are not transferred to	103239
the buyer;	103240

(3) Any other information the department requires.

103241

(B) The department, at its sole discretion, may waive the	103242
requirement that an exiting operator file a cost report in	103243
accordance with division (A) of this section.	103244

~~Sec. 5111.683.~~ Sec. 5165.523. If an exiting operator required by	103245
section ~~5111.682~~5165.522 of the Revised Code to file a cost	103246
report with the department of ~~job and family services~~medicaid	103247
fails to file the cost report in accordance with that section, all	103248
payments under the medicaid program for the period the cost report	103249
is required to cover are deemed overpayments until the date the	103250
department receives the properly completed cost report. The	103251
department may impose on the exiting operator a penalty of one	103252
hundred dollars for each calendar day the properly completed cost	103253
report is late.	103254

~~Sec. 5111.684.~~ Sec. 5165.524. The department of ~~job and family~~	103255
~~services~~medicaid may not provide an exiting operator final	103256
payment under the medicaid program until the department receives	103257
all properly completed cost reports the exiting operator is	103258
required to file under sections ~~5111.26~~5165.10 and ~~5111.682~~	103259
5165.522 of the Revised Code.	103260

~~Sec. 5111.685.~~ Sec. 5165.525. The department of ~~job and family~~	103261
~~services~~medicaid shall determine the actual amount of debt an	103262
exiting operator owes the department and the United States centers	103263
for medicare and medicaid services under the medicaid program by	103264
completing all final fiscal audits not already completed and	103265
performing all other appropriate actions the department determines	103266
to be necessary. The department shall issue an initial debt	103267
summary report on this matter not later than sixty days after the	103268
date the exiting operator files the properly completed cost report	103269
required by section ~~5111.682~~5165.522 of the Revised Code with the	103270
department or, if the department waives the cost report	103271
requirement for the exiting operator, sixty days after the date	103272
the department waives the cost report requirement. The initial	103273
debt summary report becomes the final debt summary report	103274
thirty-one days after the department issues the initial debt	103275
summary report unless the exiting operator, or an affiliated	103276
operator who executes a successor liability agreement under	103277
section ~~5111.681~~5165.521 of the Revised Code, requests a review	103278
before that date.	103279

The exiting operator, and an affiliated operator who executes	103280
a successor liability agreement under section ~~5111.681~~5165.521 of	103281
the Revised Code, may request a review to contest any of the	103282
department's findings included in the initial debt summary report.	103283
The request for the review must be submitted to the department not	103284
later than thirty days after the date the department issues the	103285
initial debt summary report. The department shall conduct the	103286
review on receipt of a timely request and issue a revised debt	103287
summary report. If the department has withheld money from payment	103288
due the exiting operator under division (A) of section ~~5111.681~~	103289
5165.521 of the Revised Code, the department shall issue the	103290
revised debt summary report not later than ninety days after the	103291
date the department receives the timely request for the review	103292
unless the department and exiting operator or affiliated operator	103293
agree to a later date. The exiting operator or affiliated operator	103294
may submit information to the department explaining what the	103295
operator contests before and during the review, including	103296
documentation of the amount of any debt the department owes the	103297
operator. The exiting operator or affiliated operator may submit	103298
additional information to the department not later than thirty	103299
days after the department issues the revised debt summary report.	103300
The revised debt summary report becomes the final debt summary	103301
report thirty-one days after the department issues the revised	103302
debt summary report unless the exiting operator or affiliated	103303
operator timely submits additional information to the department.	103304
If the exiting operator or affiliated operator timely submits	103305
additional information to the department, the department shall	103306
consider the additional information and issue a final debt summary	103307
report not later than sixty days after the department issues the	103308
revised debt summary report unless the department and exiting	103309
operator or affiliated operator agree to a later date.	103310

Each debt summary report the department issues under this	103311
section shall include the department's findings and the amount of	103312
debt the department determines the exiting operator owes the	103313
department and United States centers for medicare and medicaid	103314
services under the medicaid program. The department shall explain	103315
its findings and determination in each debt summary report.	103316

The exiting operator, and an affiliated operator who executes	103317
a successor liability agreement under section ~~5111.681~~5165.521 of	103318
the Revised Code, may request, in accordance with Chapter 119. of	103319
the Revised Code, an adjudication regarding a finding in a final	103320
debt summary report that pertains to an audit or alleged	103321
overpayment made under the medicaid program to the exiting	103322
operator. The adjudication shall be consolidated with any other	103323
uncompleted adjudication that concerns a matter addressed in the	103324
final debt summary report.	103325

~~Sec. 5111.686.~~ Sec. 5165.526. The department of ~~job and family~~	103326
~~services~~medicaid shall release the actual amount withheld under	103327
division (A) of section ~~5111.681~~5165.521 of the Revised Code,	103328
less any amount the exiting operator owes the department and	103329
United States centers for medicare and medicaid services under the	103330
medicaid program, as follows:	103331

(A) Unless the department issues the initial debt summary	103332
report required by section ~~5111.685~~5165.525 of the Revised Code	103333
not later than sixty days after the date the exiting operator	103334
files the properly completed cost report required by section	103335
~~5111.682~~5165.522 of the Revised Code, sixty-one days after the	103336
date the exiting operator files the properly completed cost	103337
report;	103338

(B) If the department issues the initial debt summary report	103339
required by section ~~5111.685~~5165.525 of the Revised Code not	103340
later than sixty days after the date the exiting operator files a	103341
properly completed cost report required by section ~~5111.682~~	103342
5165.522 of the Revised Code, not later than the following:	103343

(1) Thirty days after the deadline for requesting an	103344
adjudication under section ~~5111.685~~5165.525 of the Revised Code	103345
regarding the final debt summary report if the exiting operator,	103346
and an affiliated operator who executes a successor liability	103347
agreement under section ~~5111.681~~5165.521 of the Revised Code,	103348
fail to request the adjudication on or before the deadline;	103349

(2) Thirty days after the completion of an adjudication of	103350
the final debt summary report if the exiting operator, or an	103351
affiliated operator who executes a successor liability agreement	103352
under section ~~5111.681~~5165.521 of the Revised Code, requests the	103353
adjudication on or before the deadline for requesting the	103354
adjudication.	103355

(C) Unless the department issues the initial debt summary	103356
report required by section ~~5111.685~~5165.525 of the Revised Code	103357
not later than sixty days after the date the department waives the	103358
cost report requirement of section ~~5111.682~~5165.522 of the	103359
Revised Code, sixty-one days after the date the department waives	103360
the cost report requirement;	103361

(D) If the department issues the initial debt summary report	103362
required by section ~~5111.685~~5165.525 of the Revised Code not	103363
later than sixty days after the date the department waives the	103364
cost report requirement of section ~~5111.682~~5165.522 of the	103365
Revised Code, not later than the following:	103366

(1) Thirty days after the deadline for requesting an	103367
adjudication under section ~~5111.685~~5165.525 of the Revised Code	103368
regarding the final debt summary report if the exiting operator,	103369
and an affiliated operator who executes a successor liability	103370
agreement under section ~~5111.681~~5165.521 of the Revised Code,	103371
fail to request the adjudication on or before the deadline;	103372

(2) Thirty days after the completion of an adjudication of	103373
the final debt summary report if the exiting operator, or an	103374
affiliated operator who executes a successor liability agreement	103375
under section ~~5111.681~~5165.521 of the Revised Code, requests the	103376
adjudication on or before the deadline for requesting the	103377
adjudication.	103378

~~Sec. 5111.687.~~ Sec. 5165.527. The department of ~~job and family~~	103379
~~services~~medicaid, at its sole discretion, may release the amount	103380
withheld under division (A) of section ~~5111.681~~5165.521 of the	103381
Revised Code if the exiting operator submits to the department	103382
written notice of a postponement of a change of operator, facility	103383
closure, ~~voluntary termination,~~ or voluntary withdrawal of	103384
participation and the transactions leading to the change of	103385
operator, facility closure, ~~voluntary termination,~~ or voluntary	103386
withdrawal of participation are postponed for at least thirty days	103387
but less than ninety days after the date originally proposed for	103388
the change of operator, facility closure, ~~voluntary termination,~~	103389
or voluntary withdrawal of participation as reported in the	103390
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	103391
5165.51 of the Revised Code. The department shall release the	103392
amount withheld if the exiting operator submits to the department	103393
written notice of a cancellation or postponement of a change of	103394
operator, facility closure, ~~voluntary termination,~~ or voluntary	103395
withdrawal of participation and the transactions leading to the	103396
change of operator, facility closure, ~~voluntary termination,~~ or	103397
voluntary withdrawal of participation are canceled or postponed	103398
for more than ninety days after the date originally proposed for	103399
the change of operator, facility closure, ~~voluntary termination,~~	103400
or voluntary withdrawal of participation as reported in the	103401
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	103402
5165.51 of the Revised Code. A written notice shall be provided to	103403
the department in accordance with the method specified in rules	103404
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	103405
Revised Code.	103406

After the department receives a written notice regarding a	103407
cancellation or postponement of a facility closure~~, voluntary~~	103408
~~termination,~~ or voluntary withdrawal of participation, the exiting	103409
operator or owner shall provide new written notice to the	103410
department under section ~~5111.66~~5165.50 of the Revised Code	103411
regarding any transactions leading to a facility closure,	103412
~~voluntary termination,~~ or voluntary withdrawal of participation at	103413
a future time. After the department receives a written notice	103414
regarding a cancellation or postponement of a change of operator,	103415
the exiting operator or owner and entering operator shall provide	103416
new written notice to the department under section ~~5111.67~~5165.51	103417
of the Revised Code regarding any transactions leading to a change	103418
of operator at a future time.	103419

~~Sec. 5111.688.~~ Sec. 5165.528. (A) All amounts withheld under	103420
section ~~5111.681~~5165.521 of the Revised Code from payment due an	103421
exiting operator under the medicaid program shall be deposited	103422
into the medicaid payment withholding fund created by the	103423
controlling board pursuant to section 131.35 of the Revised Code.	103424
Money in the fund shall be used as follows:	103425

(1) To pay an exiting operator when a withholding is released	103426
to the exiting operator under section ~~5111.686~~5165.526 or	103427
~~5111.687~~5165.527 of the Revised Code;	103428

(2) To pay the department of ~~job and family services~~medicaid	103429
and United States centers for medicare and medicaid services the	103430
amount an exiting operator owes the department and United States	103431
centers under the medicaid program.	103432

(B) Amounts paid from the medicaid payment withholding fund	103433
pursuant to division (A)(2) of this section shall be deposited	103434
into the appropriate department fund.	103435

~~Sec. 5111.689.~~ Sec. 5165.53. The medicaid director ~~of job and~~	103436
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	103437
the Revised Code to implement sections ~~5111.65~~5165.50 to ~~5111.689~~	103438
5165.53 of the Revised Code, including rules applicable to an	103439
exiting operator that provides written notification under section	103440
~~5111.66~~5165.50 of the Revised Code of a voluntary withdrawal of	103441
participation. Rules adopted under this section shall comply with	103442
~~section 1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286~~	103443
~~(1965)~~section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F), regarding	103444
restrictions on transfers or discharges of nursing facility	103445
residents in the case of a voluntary withdrawal of participation.	103446
The rules may prescribe a medicaid ~~reimbursement~~payment	103447
methodology and other procedures that are applicable after the	103448
effective date of a voluntary withdrawal of participation that	103449
differ from the ~~reimbursement~~payment methodology and other	103450
procedures that would otherwise apply. The rules shall specify all	103451
of the following:	103452

(A) The method by which written notices to the department	103453
required by sections ~~5111.65~~5165.50 to ~~5111.689~~5165.53 of the	103454
Revised Code are to be provided;	103455

(B) The forms and documents that are to be provided to the	103456
department of medicaid under sections ~~5111.671~~5165.511 and	103457
~~5111.672~~5165.512 of the Revised Code, which shall include, in the	103458
case of such forms and documents provided by entering operators,	103459
all the fully executed leases, management agreements, merger	103460
agreements and supporting documents, and fully executed sales	103461
contracts and any other supporting documents culminating in the	103462
change of operator;	103463

(C) The method by which the forms and documents identified in	103464
division (B) of this section are to be provided to the department.	103465

~~Sec. 5111.35.~~ Sec. 5165.60. As used in this section, "a resident's	103466
rights" means the rights of a nursing facility resident under	103467
sections 3721.10 to 3721.17 of the Revised Code ~~and subsection (c)~~	103468
~~of section 1819 or 1919 of~~, the "Social Security Act," ~~49 Stat.~~	103469
~~620 (1935)~~sections 1819(c) and 1919(c), 42 U.S.C.~~A. 301, as~~	103470
~~amended~~1395i-3(c) and 1396r(c), and federal regulations issued	103471
under those ~~subsections~~sections of the "Social Security Act."	103472

As used in sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	103473
Revised Code:	103474

(A) "Certification requirements" means the requirements for	103475
nursing facilities established under ~~sections 1819 and 1919 of~~ the	103476
"Social Security Act.," sections 1819 and 1919, 42 U.S.C. 1395i-3	103477
and 1396r.	103478

(B) "Compliance" means substantially meeting all applicable	103479
certification requirements.	103480

(C) "Contracting agency" means a state agency that has	103481
entered into a contract with the department of ~~job and family~~	103482
~~services~~medicaid under section ~~5111.38~~5165.63 of the Revised	103483
Code.	103484

(D)(1) "Deficiency" means a finding cited by the department	103485
of health during a survey, on the basis of one or more actions,	103486
practices, situations, or incidents occurring at a nursing	103487
facility, that constitutes a severity level three finding,	103488
severity level four finding, scope level three finding, or scope	103489
level four finding. Whenever the finding is a repeat finding,	103490
"deficiency" also includes any finding that is a severity level	103491
two and scope level one finding, a severity level two and scope	103492
level two finding, or a severity level one and scope level two	103493
finding.	103494

(2) "Cluster of deficiencies" means deficiencies that result	103495
from noncompliance with two or more certification requirements and	103496
are causing or resulting from the same action, practice,	103497
situation, or incident.	103498

(E) "Emergency" means either of the following:

103499

(1) A deficiency or cluster of deficiencies that creates a	103500
condition of immediate jeopardy;	103501

(2) An unexpected situation or sudden occurrence of a serious	103502
or urgent nature that creates a substantial likelihood that one or	103503
more residents of a nursing facility may be seriously harmed if	103504
allowed to remain in the facility, including the following:	103505

(a) A flood or other natural disaster, civil disaster, or	103506
similar event;	103507

(b) A labor strike that suddenly causes the number of staff	103508
members in a nursing facility to be below that necessary for	103509
resident care.	103510

(F) "Finding" means a finding of noncompliance with	103511
certification requirements determined by the department of health	103512
under section ~~5111.41~~5165.66 of the Revised Code.	103513

(G) "Immediate jeopardy" means that one or more residents of	103514
a nursing facility are in imminent danger of serious physical or	103515
life-threatening harm.	103516

(H) "Medicaid eligible resident" means a person who is a	103517
resident of a nursing facility, or is applying for admission to a	103518
nursing facility, and is eligible ~~to receive financial assistance~~	103519
for nursing facility services under the ~~medical assistance~~	103520
medicaid program ~~for the care the person receives in such a~~	103521
~~facility~~.	103522

(I) "Noncompliance" means failure to substantially meet all	103523
applicable certification requirements.	103524

(J) "Nursing facility" ~~has the same meaning as in section~~	103525
~~5111.20 of the Revised Code~~includes a skilled nursing facility to	103526
the extent the context requires.	103527

(K) ~~"Provider" means a person, institution, or entity that~~	103528
~~furnishes nursing facility services under a medical assistance~~	103529
~~program provider agreement.~~	103530

~~(L) "Provider agreement" means a contract between the~~	103531
~~department of job and family services and a provider for the~~	103532
~~provision of nursing facility services under the medicaid program.~~	103533

~~(M)~~ "Repeat finding" or "repeat deficiency" means a finding	103534
or deficiency cited pursuant to a survey, to which both of the	103535
following apply:	103536

(1) The finding or deficiency involves noncompliance with the	103537
same certification requirement, and the same kind of actions,	103538
practices, situations, or incidents caused by or resulting from	103539
the noncompliance, as were cited in the immediately preceding	103540
standard survey or another survey conducted subsequent to the	103541
immediately preceding standard survey of the facility. For	103542
purposes of this division, actions, practices, situations, or	103543
incidents may be of the same kind even though they involve	103544
different residents, staff, or parts of the facility.	103545

(2) The finding or deficiency is cited subsequent to a	103546
determination by the department of health that the finding or	103547
deficiency cited on the immediately preceding standard survey, or	103548
another survey conducted subsequent to the immediately preceding	103549
standard survey, had been corrected.	103550

~~(N)~~(L)(1) "Scope level one finding" means a finding of	103551
noncompliance by a nursing facility in which the actions,	103552
situations, practices, or incidents causing or resulting from the	103553
noncompliance affect one or a very limited number of facility	103554
residents and involve one or a very limited number of facility	103555
staff members.	103556

(2) "Scope level two finding" means a finding of	103557
noncompliance by a nursing facility in which the actions,	103558
situations, practices, or incidents causing or resulting from the	103559
noncompliance affect more than a limited number of facility	103560
residents or involve more than a limited number of facility staff	103561
members, but the number or percentage of facility residents	103562
affected or staff members involved and the number or frequency of	103563
the actions, situations, practices, or incidents in short	103564
succession does not establish any reasonable degree of	103565
predictability of similar actions, situations, practices, or	103566
incidents occurring in the future.	103567

(3) "Scope level three finding" means a finding of	103568
noncompliance by a nursing facility in which the actions,	103569
situations, practices, or incidents causing or resulting from the	103570
noncompliance affect more than a limited number of facility	103571
residents or involve more than a limited number of facility staff	103572
members, and the number or percentage of facility residents	103573
affected or staff members involved or the number or frequency of	103574
the actions, situations, practices, or incidents in short	103575
succession establishes a reasonable degree of predictability of	103576
similar actions, situations, practices, or incidents occurring in	103577
the future.	103578

(4) "Scope level four finding" means a finding of	103579
noncompliance by a nursing facility causing or resulting from	103580
actions, situations, practices, or incidents that involve a	103581
sufficient number or percentage of facility residents or staff	103582
members or occur with sufficient regularity over time that the	103583
noncompliance can be considered systemic or pervasive in the	103584
facility.	103585

~~(O)~~(M)(1) "Severity level one finding" means a finding of	103586
noncompliance by a nursing facility that has not caused and, if	103587
continued, is unlikely to cause physical harm to a facility	103588
resident, mental or emotional harm to a resident, or a violation	103589
of a resident's rights that results in physical, mental, or	103590
emotional harm to the resident.	103591

(2) "Severity level two finding" means a finding of	103592
noncompliance by a nursing facility that, if continued over time,	103593
will cause, or is likely to cause, physical harm to a facility	103594
resident, mental or emotional harm to a resident, or a violation	103595
of a resident's rights that results in physical, mental, or	103596
emotional harm to the resident.	103597

(3) "Severity level three finding" means a finding of	103598
noncompliance by a nursing facility that has caused physical harm	103599
to a facility resident, mental or emotional harm to a resident, or	103600
a violation of a resident's rights that results in physical,	103601
mental, or emotional harm to the resident.	103602

(4) "Severity level four finding" means a finding of	103603
noncompliance by a nursing facility that has caused	103604
life-threatening harm to a facility resident or caused a	103605
resident's death.	103606

~~(P)~~(N) "State agency" has the same meaning as in section 1.60	103607
of the Revised Code.	103608

~~(Q)~~(O) "Substandard care" means care furnished in a facility	103609
in which the department of health has cited a deficiency or	103610
deficiencies that constitute one of the following:	103611

(1) A severity level four finding, regardless of scope;

103612

(2) A severity level three and scope level four finding, in	103613
the quality of care provided to residents;	103614

(3) A severity level three and scope level three finding, in	103615
the quality of care provided to residents.	103616

~~(R)~~(P)(1) "Survey" means a survey of a nursing facility	103617
conducted under section ~~5111.39~~5165.64 of the Revised Code.	103618

(2) "Standard survey" means a survey conducted by the	103619
department of health under division (A) of section ~~5111.39~~5165.64	103620
of the Revised Code and includes an extended survey.	103621

(3) "Follow-up survey" means a survey conducted by the	103622
department of health to determine whether a nursing facility has	103623
substantially corrected deficiencies cited in a previous survey.	103624

~~Sec. 5111.36.~~ Sec. 5165.61. The medicaid director ~~of job and~~	103625
~~family services~~ may adopt rules under ~~Chapter 119.~~section 5165.02	103626
of the Revised Code that are consistent with regulations,	103627
guidelines, and procedures issued by the United States secretary	103628
of health and human services under ~~sections 1819 and 1919 of~~ the	103629
"Social Security Act," ~~49 Stat. 620 (1935)~~sections 1819 and 1919,	103630
42 U.S.C.~~A. 301, as amended~~1395i-3 and 1396r, and necessary for	103631
administration and enforcement of sections ~~5111.35~~5165.60 to	103632
~~5111.62~~5165.89 of the Revised Code. If the secretary does not	103633
issue appropriate regulations for enforcement of those sections	103634
~~1819 and 1919~~ of the "Social Security Act" on or before December	103635
13, 1990, the medicaid director ~~of job and family services~~ may	103636
adopt, under ~~Chapter 119.~~section 5165.02 of the Revised Code,	103637
rules that are consistent with those sections and with sections	103638
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	103639

~~Sec. 5111.37.~~ Sec. 5165.62. The department of ~~job and family~~	103640
~~services~~medicaid is hereby authorized to enforce sections	103641
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. The	103642
department may enforce the sections directly or through	103643
contracting agencies. The department and agencies shall enforce	103644
the sections in accordance with the requirements of ~~sections 1819~~	103645
~~and 1919 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	103646
sections 1819 and 1919, 42 U.S.C.~~A. 301, as amended~~1395i-3 and	103647
1396r, that apply to nursing facilities; with regulations,	103648
guidelines, and procedures adopted by the United States secretary	103649
of health and human services for the enforcement of those sections	103650
~~1819 and 1919~~ of the "Social Security Act"; and with the rules	103651
~~adopted under~~authorized by section ~~5111.36~~5165.61 of the Revised	103652
Code. The department and agencies shall enforce sections ~~5111.35~~	103653
5165.60 to ~~5111.62~~5165.89 of the Revised Code for purposes of the	103654
medicare program~~, Title XVIII of the "Social Security Act,"~~ only	103655
to the extent prescribed by the regulations, guidelines, and	103656
procedures issued by the secretary under ~~section 1819 of that act~~	103657
the "Social Security Act," section 1819, 42 U.S.C. 1395i-3.	103658

~~Sec. 5111.38.~~ Sec. 5165.63. The department of ~~job and family~~	103659
~~services~~medicaid may enter into contracts with other state	103660
agencies pursuant to section 5162.35 of the Revised Code that	103661
authorize the agencies to perform all or part of the duties	103662
assigned to the department of ~~job and family services~~medicaid	103663
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	103664
Code. Each contract shall specify the duties the agency is	103665
authorized to perform and the sections of the Revised Code under	103666
which the agency is authorized to perform those duties.	103667

~~Sec. 5111.39.~~ Sec. 5165.64. (A) The department of health shall	103668
conduct a survey, titled a standard survey, of every nursing	103669
facility in this state on a statewide average of not more than	103670
once every twelve months. Each nursing facility shall undergo a	103671
standard survey at least once every fifteen months as a condition	103672
of meeting certification requirements. The department may extend a	103673
standard survey; such a survey is titled an extended survey.	103674

(B) The department may conduct surveys in addition to	103675
standard surveys when it considers them necessary.	103676

(C) The department shall conduct surveys in accordance with	103677
the regulations, guidelines, and procedures issued by the United	103678
States secretary of health and human services under ~~Titles~~Title	103679
XVIII and Title XIX ~~of the "Social Security Act," 49 Stat. 620~~	103680
~~(1935), 42 U.S.C.A. 301, as amended~~, sections ~~5111.40~~5165.65 to	103681
~~5111.42~~5165.68 of the Revised Code, and rules adopted under	103682
section 3721.022 of the Revised Code.	103683

~~Sec. 5111.40.~~ Sec. 5165.65. (A) At the conclusion of each survey,	103684
the department of health survey team shall conduct an exit	103685
interview with the administrator or other person in charge of the	103686
nursing facility and any other facility staff members designated	103687
by the administrator or person in charge of the facility. During	103688
the exit interview, at the request of the administrator or other	103689
person in charge of the facility, the survey team shall provide	103690
one of the following, as selected by the survey team:	103691

(1) Copies of all survey notes and any other written	103692
materials created during the survey;	103693

(2) A written summary of the survey team's recommendations	103694
regarding findings of noncompliance with certification	103695
requirements;	103696

(3) An audio or audiovisual recording of the interview. If	103697
the survey team selects this option, at least two copies of the	103698
recording shall be made and the survey team shall select one copy	103699
to be kept by the survey team for use by the department of health.	103700

(B) All expenses of copying under division (A)(1) of this	103701
section or recording under division (A)(3) of this section,	103702
including the cost of the copy of the recording kept by the survey	103703
team, shall be paid by the facility.	103704

~~Sec. 5111.41.~~ Sec. 5165.66. (A) Except as provided in section	103705
3721.17 of the Revised Code, a finding shall be cited only on the	103706
basis of a survey and a determination that one or more actions,	103707
practices, situations, or incidents at a nursing facility caused	103708
or resulted from the facility's failure to comply with one or more	103709
certification requirements. The department of health shall	103710
determine whether the actions, practices, situations, or incidents	103711
can be justified by either of the following:	103712

(1) The actions, practices, situations, or incidents resulted	103713
from a resident exercising the resident's rights guaranteed under	103714
the laws of the United States or of this state;	103715

(2) The actions, practices, situations, or incidents resulted	103716
from a facility following the orders of a person licensed under	103717
Chapter 4731. of the Revised Code to practice medicine or surgery	103718
or osteopathic medicine and surgery.	103719

(B) If the department of health determines both that the	103720
actions, practices, situations, or incidents cannot be justified	103721
by the factors identified in division (A) of this section and that	103722
one or more of the following are applicable, the department shall	103723
declare that the actions, practices, situations, or incidents	103724
constitute a finding:	103725

(1) The actions, practices, situations, or incidents could	103726
have been prevented by one or more persons involved in the	103727
facility's operation;	103728

(2) No person involved in the facility's operation identified	103729
the actions, practices, situations, or incidents prior to the	103730
survey;	103731

(3) Prior to the survey, no person involved in the facility's	103732
operation initiated action to correct the noncompliance caused by	103733
or resulting in the actions, practices, situations, or incidents;	103734

(4) The facility does not have in effect, if needed, a	103735
contingency plan that is reasonably calculated to prevent	103736
physical, mental, or emotional harm to residents while permanent	103737
corrective action is being taken.	103738

(C) The department of health shall determine the severity	103739
level and scope level of each finding.	103740

(D) A deficiency that is substantially corrected within the	103741
time limits specified in sections ~~5111.52~~5165.79 to	103742
~~5111.56~~5165.83 of the Revised Code and for which no remedy is	103743
imposed, shall be counted as a deficiency for the purpose of	103744
determining whether a deficiency is a repeat deficiency.	103745

(E) Whenever the department of health determines that during	103746
the period between two surveys a finding existed at the facility,	103747
but the facility substantially corrected it prior to the second	103748
survey, the department shall cite it. However, the department of	103749
~~job and family services~~medicaid or a contracting agency shall	103750
impose a remedy only as provided in division (C) of section	103751
~~5111.46~~5165.72 of the Revised Code.	103752

(F) Immediately upon determining the severity and scope of a	103753
finding at a nursing facility, the department of health shall	103754
notify the department of ~~job and family services~~medicaid and any	103755
contracting agency of the finding, the severity and scope of the	103756
finding, and whether the finding creates immediate jeopardy.	103757
Immediately upon determining that an emergency exists at a	103758
facility that does not result from a deficiency that creates	103759
immediate jeopardy, the department of health shall notify the	103760
department of ~~job and family services~~medicaid and any contracting	103761
agency.	103762

~~Sec. 5111.411.~~ Sec. 5165.67. The results of a survey of a nursing	103763
facility that is conducted under section ~~5111.39~~5165.64 of the	103764
Revised Code, including any statement of deficiencies and all	103765
findings and deficiencies cited in the statement on the basis of	103766
the survey, shall be used solely to determine the nursing	103767
facility's compliance with certification requirements or with this	103768
chapter or another chapter of the Revised Code. Those results of a	103769
survey, that statement of deficiencies, and the findings and	103770
deficiencies cited in that statement shall not be used in any	103771
court or in any action or proceeding that is pending in any court	103772
and are not admissible in evidence in any action or proceeding	103773
unless that action or proceeding is an appeal of an administrative	103774
action by the department of ~~job and family services~~medicaid or	103775
contracting agency under this chapter or is an action by any	103776
department or agency of the state to enforce this chapter or	103777
another chapter of the Revised Code.	103778

Nothing in this section prohibits the results of a survey, a	103779
statement of deficiencies, or the findings and deficiencies cited	103780
in that statement on the basis of the survey under this section	103781
from being used in a criminal investigation or prosecution.	103782

~~Sec. 5111.42.~~ Sec. 5165.68. (A) Not later than ten days after an	103783
exit interview, the department of health shall deliver to the	103784
nursing facility a detailed statement, titled a statement of	103785
deficiencies, setting forth all findings and deficiencies cited on	103786
the basis of the survey, including any finding cited pursuant to	103787
division (E) of section ~~5111.41~~5165.66 of the Revised Code. The	103788
statement shall indicate the severity and scope level of each	103789
finding and fully describe the incidents or other facts that form	103790
the basis of the department's determination of the existence of	103791
each finding and deficiency. A failure by the survey team to	103792
completely disclose in the exit interview every finding that may	103793
result from the survey does not affect the validity of any finding	103794
or deficiency cited in the statement of deficiencies. On request	103795
of the facility, the department shall provide a copy of any	103796
written worksheet or other document produced by the survey team in	103797
making recommendations regarding scope and severity levels of	103798
findings and deficiencies.	103799

(B) At the same time the department of health delivers a	103800
statement of deficiencies, it also shall deliver to the facility a	103801
separate written notice that states all of the following:	103802

(1) That the department of ~~job and family services~~medicaid	103803
or a contracting agency will issue an order under section ~~5111.57~~	103804
5165.84 of the Revised Code denying payment for any medicaid	103805
eligible residents admitted on and after the effective date of the	103806
order if the facility does not substantially correct, within	103807
ninety days after the exit interview, the deficiency or	103808
deficiencies cited in the statement of deficiencies in accordance	103809
with the plan of correction it submitted under section ~~5111.43~~	103810
5165.69 of the Revised Code;	103811

(2) If a condition of substandard care has been cited on the	103812
basis of a standard survey and a condition of substandard care was	103813
also cited on the immediately preceding standard survey, that the	103814
department of ~~job and family services~~medicaid or a contracting	103815
agency will issue an order under section ~~5111.57~~5165.84 of the	103816
Revised Code denying payment for any medicaid eligible residents	103817
admitted on and after the effective date of the order if a	103818
condition of substandard care is cited on the basis of the next	103819
standard survey;	103820

(3) That the department of ~~job and family services~~medicaid	103821
or a contracting agency will issue an order under section ~~5111.58~~	103822
5165.88 of the Revised Code terminating the facility's	103823
participation in the ~~medical assistance~~medicaid program if either	103824
of the following applies:	103825

(a) The facility does not substantially correct the	103826
deficiency or deficiencies in accordance with the plan of	103827
correction it submitted under section ~~5111.43~~5165.69 of the	103828
Revised Code within six months after the exit interview.	103829

(b) The facility substantially corrects the deficiency or	103830
deficiencies within the six-month period, but after correcting it,	103831
the department of health, based on a follow-up survey conducted	103832
during the remainder of the six-month period, determines that the	103833
facility has failed to maintain compliance with certification	103834
requirements.	103835

~~Sec. 5111.43.~~ Sec. 5165.69. (A) Whenever a nursing facility	103836
receives a statement of deficiencies under section ~~5111.42~~5165.68	103837
of the Revised Code, the facility shall submit to the department	103838
of health for its approval a plan of correction for each finding	103839
cited in the statement. The plan shall ~~describe~~include all of the	103840
following:	103841

(1) Detailed descriptions of the actions the facility will	103842
take to correct each finding ~~and specify the~~, including actions	103843
the facility will take to protect residents situated similarly to	103844
the residents affected by the causes of the findings;	103845

(2) The date by which each finding will be corrected~~. In the~~	103846
~~case of~~;	103847

(3) A detailed description of an ongoing monitoring and	103848
improvement process to be used at the facility that is focused on	103849
preventing any recurrence of the causes of the findings;	103850

(4) If the plan concerns a finding assigned a severity level	103851
indicating that a resident was harmed or immediate jeopardy	103852
exists, all of the following:	103853

(a) Detailed analyses of the facts and circumstances of the	103854
finding, including identification of its root cause;	103855

(b) A detailed explanation of how the corrective actions	103856
described pursuant to division (A)(1) of this section relate to	103857
the root cause of the finding identified pursuant to division	103858
(A)(4)(a) of this section;	103859

(c) A detailed explanation of the relationship between the	103860
ongoing monitoring and improvement process described pursuant to	103861
division (A)(3) of this section and the root cause of the finding	103862
identified pursuant to division (A)(4)(a) of this section.	103863

(5) If the plan concerns a finding cited pursuant to division	103864
(E) of section ~~5111.41~~5165.66 of the Revised Code, ~~the plan shall~~	103865
~~describe~~a description of the actions the facility took to correct	103866
the finding and the date on which it was corrected.	103867

(B)(1) The department shall approve any plan, and any	103868
modification of an existing plan a nursing facility submits to the	103869
department, that ~~conforms~~does both of the following:	103870

(a) Conforms to the requirements for approval of plans of	103871
corrections, and modifications, established in the regulations,	103872
guidelines, and procedures issued by the United States secretary	103873
of health and human services under ~~Titles~~Title XVIII and Title	103874
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	103875
~~301, as amended~~;	103876

(b) Includes all the information required by division (A) of	103877
this section. ~~The department also shall approve any modification~~	103878
~~of an existing plan submitted by a facility, if the plan as~~	103879
~~modified conforms to those regulations, guidelines, and~~	103880
~~procedures. The~~	103881

(2) The department shall consult with the department of	103882
medicaid, department of aging, and office of the state long-term	103883
care ombudsman program when determining whether a plan, or	103884
modification of an existing plan, to which division (A)(4) of this	103885
section applies conforms to the requirements for approval. The	103886
department shall not reject a facility's plan of correction or	103887
modification on the ground that the facility disputes the finding,	103888
if the plan or modification is reasonably calculated to correct	103889
the finding.	103890

(C) A facility that complies with this section shall not be	103891
considered to have admitted the existence of a finding cited by	103892
the department.	103893

~~Sec. 5111.44.~~ Sec. 5165.70. The department of health may appoint	103894
employees of the department to conduct on-site monitoring of a	103895
nursing facility whenever a finding is cited, including any	103896
finding cited pursuant to division (E) of section ~~5111.41~~5165.66	103897
of the Revised Code, or an emergency is found to exist.	103898
Appointment of monitors under this section is not subject to	103899
appeal under section ~~5111.60~~5165.87 or any other section of the	103900
Revised Code. No employee of a facility for which monitors are	103901
appointed, no person employed by the facility within the previous	103902
two years, and no person who currently has a consulting or other	103903
contract with the department or the facility, shall be appointed	103904
as a monitor under this section. Every monitor appointed under	103905
this section shall have the professional qualifications necessary	103906
to monitor correction of the finding or elimination of the	103907
emergency.	103908

~~Sec. 5111.45.~~ Sec. 5165.71. (A) If the department of health cites	103909
a deficiency or deficiencies that was not substantially corrected	103910
before a survey and that does not constitute a severity level four	103911
finding or create immediate jeopardy, the department of ~~job and~~	103912
~~family services~~medicaid or a contracting agency shall permit the	103913
nursing facility to continue participating in the ~~medical~~	103914
~~assistance~~medicaid program for up to six months after the exit	103915
interview, if all of the following apply:	103916

(1) The facility meets the requirements, established in	103917
regulations issued by the United States secretary of health and	103918
human services under Title XIX ~~of the "Social Security Act," 49~~	103919
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ for certification	103920
of nursing facilities that have a deficiency.	103921

(2) The department of health has approved a plan of	103922
correction submitted by the facility under section ~~5111.43~~5165.69	103923
of the Revised Code for each deficiency.	103924

(3) The provider agrees to repay the department of ~~job and~~	103925
~~family services~~medicaid, in accordance with section ~~5111.58~~	103926
5165.85 of the Revised Code, the federal share of all payments	103927
made by the department to the facility during the six-month period	103928
following the exit interview if the facility does not within the	103929
six-month period substantially correct the deficiency or	103930
deficiencies in accordance with the plan of correction submitted	103931
under section ~~5111.43~~5165.69 of the Revised Code.	103932

(B) If any of the conditions in divisions (A)(1) to (3) of	103933
this section do not apply, the department of ~~job and family~~	103934
~~services~~medicaid or contracting agency shall issue an order	103935
terminating the facility's participation in the ~~medical assistance~~	103936
medicaid program. An order issued under this division is subject	103937
to appeal under Chapter 119. of the Revised Code. The order shall	103938
not take effect prior to the later of the thirtieth day after it	103939
is delivered to the facility or, if the order is appealed, the	103940
date on which a final adjudication order upholding the termination	103941
becomes effective pursuant to Chapter 119. of the Revised Code.	103942

(C) At the time the department of ~~job and family services~~	103943
medicaid or contracting agency issues an order under division (B)	103944
of this section terminating a nursing facility's participation in	103945
the ~~medical assistance~~medicaid program, it may also impose,	103946
subject to section ~~5111.50~~5165.76 of the Revised Code, other	103947
remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 of the	103948
Revised Code.	103949

~~Sec. 5111.46.~~ Sec. 5165.72. (A) If the department of health cites	103950
a deficiency, or cluster of deficiencies, that was not	103951
substantially corrected before a survey and constitutes a severity	103952
level four finding, the department of ~~job and family services~~	103953
medicaid or contracting agency shall, subject to sections ~~5111.52~~	103954
5165.79 to ~~5111.56~~5165.83 of the Revised Code, impose a remedy	103955
for the deficiency or cluster of deficiencies. The department or	103956
agency may act under either division (A)(1) or (2) of this	103957
section:	103958

(1) The department or agency may impose one or more of the	103959
following remedies:	103960

(a) Issue an order terminating the nursing facility's	103961
participation in the ~~medical assistance~~medicaid program.	103962

(b) Do either of the following:

103963

(i) Regardless of whether the provider consents, appoint a	103964
temporary manager of the facility.	103965

(ii) Apply to the common pleas court of the county in which	103966
the facility is located for such injunctive or other equitable	103967
relief as is necessary for the appointment of a special master	103968
with such powers and authority over the facility and length of	103969
appointment as the court considers necessary.	103970

103971

(i) Issue an order denying ~~payment~~medicaid payments to the	103972
facility ~~under the medical assistance program~~ for all medicaid	103973
eligible residents admitted after the effective date of the order;	103974

(ii) Impose a fine.

103975

(d) Issue an order denying ~~payment~~medicaid payments to the	103976
facility ~~under the medical assistance program~~ for medicaid	103977
eligible residents admitted after the effective date of the order	103978
who have certain diagnoses or special care needs specified by the	103979
department or agency.	103980

(2) The department or agency may impose one or more of the	103981
following remedies:	103982

(a) Appoint, subject to the continuing consent of the	103983
provider, a temporary manager of the facility;	103984

(b) Do either of the following:

103985

(i) Regardless of whether the provider consents, appoint a	103986
temporary manager of the facility;	103987

(ii) Apply to the common pleas court of the county in which	103988
the facility is located for such injunctive or other equitable	103989
relief as is necessary for the appointment of a special master	103990
with such powers and authority over the facility and length of	103991
appointment as the court considers necessary.	103992

103993

(i) Issue an order denying ~~payment~~medicaid payments to the	103994
facility ~~under the medical assistance program~~ for all medicaid	103995
eligible residents admitted after the effective date of the order;	103996

(ii) Impose a fine.

103997

(d) Issue an order denying ~~payment~~medicaid payments to the	103998
facility ~~under the medical assistance program~~ for medicaid	103999
eligible residents admitted after the effective date of the order	104000
who have certain diagnoses or special care needs specified by the	104001
department or agency;	104002

(e) Issue an order requiring the facility to correct the	104003
deficiency or cluster of deficiencies under the plan of correction	104004
submitted by the facility and approved by the department of health	104005
under section ~~5111.43~~5165.69 of the Revised Code.	104006

(B) The department of ~~job and family services~~medicaid or	104007
contracting agency shall deliver a written order issued under	104008
division (A)(1) of this section terminating a nursing facility's	104009
participation in the ~~medical assistance~~medicaid program to the	104010
facility within five days after the exit interview. If the	104011
facility alleges, at any time prior to the later of the twentieth	104012
day after the exit interview or the fifteenth day after it	104013
receives the order, that the deficiency or cluster of deficiencies	104014
for which the order was issued has been substantially corrected,	104015
the department of health shall conduct a follow-up survey to	104016
determine whether the deficiency or cluster of deficiencies has	104017
been substantially corrected. The order shall take effect and the	104018
facility's participation shall terminate on the twentieth day	104019
after the exit interview, unless the facility has substantially	104020
corrected the deficiency or cluster of deficiencies that	104021
constituted a severity level four finding or did not receive	104022
notice from the department of ~~job and family services~~medicaid or	104023
contracting agency within five days after the exit interview. In	104024
the latter case, the order shall take effect and the facility's	104025
participation shall terminate on the fifteenth day after the	104026
facility received the order.	104027

(C) If the department of health cites a deficiency or cluster	104028
of deficiencies pursuant to division (E) of section ~~5111.41~~	104029
5165.66 of the Revised Code that constituted a severity level four	104030
finding, the department of ~~job and family services~~medicaid or a	104031
contracting agency shall, subject to section ~~5111.56~~5165.83 of	104032
the Revised Code, impose a fine. The fine shall be in effect for a	104033
period equal to the number of days the deficiency or cluster of	104034
deficiencies existed at the facility.	104035

~~Sec. 5111.47.~~ Sec. 5165.73. If the department of health cites a	104036
deficiency, or cluster of deficiencies, that was not substantially	104037
corrected before a survey and constitutes a severity level three	104038
and scope level three or four finding, the department of ~~job and~~	104039
~~family services~~medicaid or a contracting agency may, subject to	104040
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	104041
impose one or more of the following remedies:	104042

(A) Do either of the following:

104043

(1) Issue an order denying ~~payment~~medicaid payments to the	104044
facility ~~under the medical assistance program~~ for all medicaid	104045
eligible residents admitted after the effective date of the order;	104046

(2) Impose a fine.

104047

(B) Issue an order denying ~~payment~~medicaid payments to the	104048
facility ~~under the medical assistance program~~ for medicaid	104049
eligible residents admitted after the effective date of the order	104050
who have certain diagnoses or special care needs specified by the	104051
department or agency;	104052

(C) Issue an order requiring the facility to correct the	104053
deficiency or cluster of deficiencies under the plan of correction	104054
submitted by the facility and approved by the department of health	104055
under section ~~5111.43~~5165.69 of the Revised Code.	104056

~~Sec. 5111.48.~~ Sec. 5165.74. (A) If the department of health cites	104057
a deficiency, or cluster of deficiencies, that was not	104058
substantially corrected before a survey and constitutes a severity	104059
level three and scope level two finding, the department of ~~job and~~	104060
~~family services~~medicaid or a contracting agency may, subject to	104061
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	104062
impose one or more of the following remedies:	104063

(1) Do either of the following:

104064

(a) Issue an order denying ~~payment~~medicaid payments to the	104065
facility ~~under the medical assistance program~~ for all medicaid	104066
eligible residents admitted after the effective date of the order;	104067

(b) Impose a fine.

104068

(2) Issue an order denying ~~payment~~medicaid payments to the	104069
facility ~~under the medical assistance program~~ for medicaid	104070
eligible residents admitted after the effective date of the order	104071
who have certain diagnoses or special care needs specified by the	104072
department or agency;	104073

(3) Issue an order requiring the facility to correct the	104074
deficiency or cluster of deficiencies under the plan of correction	104075
proposed by the facility and approved by the department of health	104076
under section ~~5111.43~~5165.69 of the Revised Code.	104077

(B) If the department of health cites a deficiency, or	104078
cluster of deficiencies, that was not substantially corrected	104079
before a survey and constitutes a severity level three and scope	104080
level one finding, the department of ~~job and family services~~	104081
medicaid or a contracting agency may, subject to sections ~~5111.55~~	104082
5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose one or	104083
more of the following remedies:	104084

(1) Impose a fine;

104085

(2) Issue an order denying ~~payment~~medicaid payments to the	104086
facility ~~under the medical assistance program~~ for medicaid	104087
eligible residents admitted after the effective date of the order	104088
who have certain diagnoses or special care needs specified by the	104089
department or agency;	104090

(3) Issue an order requiring the facility to correct the	104091
deficiency or cluster of deficiencies under the plan of correction	104092
proposed by the facility and approved by the department of health	104093
under section ~~5111.43~~5165.69 of the Revised Code.	104094

(C) If the department of health cites a deficiency, or	104095
cluster of deficiencies, that was not substantially corrected	104096
before a survey and constitutes a severity level two and a scope	104097
level three or four finding, the department of ~~job and family~~	104098
~~services~~medicaid or a contracting agency may, subject to sections	104099
~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose	104100
one or more of the following remedies:	104101

(1) Impose a fine;

104102

(2) Issue an order denying ~~payment~~medicaid payments to the	104103
facility ~~under the medical assistance program~~ for medicaid	104104
eligible residents admitted after the effective date of the order	104105
who have certain diagnoses or special care needs specified by the	104106
department or agency;	104107

(3) Issue an order requiring the facility to correct the	104108
deficiency or cluster of deficiencies under the plan of correction	104109
submitted by the facility and approved by the department of health	104110
under section ~~5111.43~~5165.69 of the Revised Code.	104111

(D) If the department of health cites a deficiency, or	104112
cluster of deficiencies, that was not substantially corrected	104113
before a survey, constitutes a severity level two and scope level	104114
one or two finding, and is a repeat finding, the department of ~~job~~	104115
~~and family services~~medicaid or a contracting agency may issue an	104116
order requiring the facility to correct the deficiency or cluster	104117
of deficiencies under the plan of correction submitted by the	104118
facility and approved by the department of health under section	104119
~~5111.43~~5165.69 of the Revised Code.	104120

(E) If the department of health cites a deficiency, or	104121
cluster of deficiencies, that was not substantially corrected	104122
before a survey and constitutes a severity level one and scope	104123
level three or four finding, the department of ~~job and family~~	104124
~~services~~medicaid or a contracting agency may issue an order	104125
requiring the facility to correct the deficiency or cluster of	104126
deficiencies under the plan of correction submitted by the	104127
facility and approved by the department of health under section	104128
~~5111.43~~5165.69 of the Revised Code.	104129

(F) If the department of health cites a deficiency, or	104130
cluster of deficiencies, that was not substantially corrected	104131
before a survey, constitutes a severity level one and scope level	104132
two finding, and is a repeat finding, the department of ~~job and~~	104133
~~family services~~medicaid or a contracting agency may issue an	104134
order requiring the facility to correct the deficiency or cluster	104135
of deficiencies under the plan of correction submitted by the	104136
facility and approved by the department of health under section	104137
~~5111.43~~5165.69 of the Revised Code.	104138

~~Sec. 5111.49.~~ Sec. 5165.75. (A) In determining which remedies to	104139
impose under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~	104140
5165.74 of the Revised Code, including whether a fine should be	104141
imposed, the department of ~~job and family services~~medicaid or a	104142
contracting agency shall do both of the following:	104143

(1) Impose the remedies that are most likely to achieve	104144
correction of deficiencies, encourage sustained compliance with	104145
certification requirements, and protect the health, safety, and	104146
rights of facility residents, but that are not directed at	104147
punishment of the facility;	104148

(2) Consider all of the following:

104149

(a) The presence or absence of immediate jeopardy;

104150

(b) The relationships of groups of deficiencies to each	104151
other;	104152

(c) The facility's history of compliance with certification	104153
requirements generally and in the specific area of the deficiency	104154
or deficiencies;	104155

(d) Whether the deficiency or deficiencies are directly	104156
related to resident care;	104157

(e) The corrective, long-term compliance, resident	104158
protective, and nonpunitive outcomes sought by the department or	104159
agency;	104160

(f) The nature, scope, and duration of the noncompliance with	104161
certification requirements;	104162

(g) The existence of repeat deficiencies;

104163

(h) The category of certification requirements with which the	104164
facility is out of compliance;	104165

(i) Any period of noncompliance with certification	104166
requirements that occurred between two certifications by the	104167
department of health that the facility was in compliance with	104168
certification requirements;	104169

(j) The facility's degree of culpability;

104170

(k) The accuracy, extent, and availability of facility	104171
records;	104172

(l) The facility's financial condition, exclusive of any	104173
moneys donated to a facility that is an organization described in	104174
subsection 501(c)(3) and is tax exempt under subsection 501(a) of	104175
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	104176
1;	104177

(m) Any adverse effect that the action or fine would have on	104178
the health and safety of facility residents;	104179

(n) If the noncompliance that resulted in the citation of a	104180
deficiency or cluster of deficiencies existed before a change in	104181
ownership of the facility, whether the new owner or owners have	104182
had sufficient time to correct the noncompliance.	104183

(B) Whenever the department or agency imposes remedies under	104184
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	104185
the Revised Code, it shall provide a written statement to the	104186
nursing facility that specifies all of the following:	104187

(1) The effective date of each remedy;

104188

(2) The deficiency or cluster of deficiencies for which each	104189
remedy is imposed;	104190

(3) The severity and scope of the deficiency or cluster of	104191
deficiencies;	104192

(4) The rationale, including all applicable factors specified	104193
in division (A) of this section, for imposing the remedies.	104194

~~Sec. 5111.50.~~ Sec. 5165.76. At the time the department of ~~job and~~	104195
~~family services~~medicaid or a contracting agency, under section	104196
~~5111.45~~5165.71, ~~5111.46~~5165.72, or ~~5111.51~~5165.77 of the	104197
Revised Code, issues an order terminating a nursing facility's	104198
participation in the ~~medical assistance~~medicaid program, the	104199
department or agency may also impose a fine, in accordance with	104200
sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 and ~~5111.56~~5165.83 of	104201
the Revised Code, to be collected in the event the termination	104202
order does not take effect. The department or agency shall not	104203
collect this fine if the termination order takes effect.	104204

~~Sec. 5111.51.~~ Sec. 5165.77. (A) If the department of health finds	104205
during a survey that an emergency exists at a nursing facility, as	104206
the result of a deficiency or cluster of deficiencies that creates	104207
immediate jeopardy, the department of ~~job and family services~~	104208
medicaid or a contracting agency shall impose one or more of the	104209
remedies described in division (A)(1) of this section and, in	104210
addition, may take one or both of the actions described in	104211
division (A)(2) of this section.	104212

(1) The department or agency shall impose one or more of the	104213
following remedies:	104214

(a) Appoint, subject to the continuing consent of the	104215
provider, a temporary manager of the facility;	104216

(b) Apply to the common pleas court of the county in which	104217
the facility is located for a temporary restraining order,	104218
preliminary injunction, or such other injunctive or equitable	104219
relief as is necessary to close the facility, transfer one or more	104220
residents to other nursing facilities or other appropriate care	104221
settings, or otherwise eliminate the condition of immediate	104222
jeopardy. If the court grants such an order, injunction, or	104223
relief, it may appoint a special master empowered to implement the	104224
court's judgment under the court's direct supervision.	104225

(c) Issue an order terminating the facility's participation	104226
in the ~~medical assistance~~medicaid program;	104227

(d) Regardless of whether the provider consents, appoint a	104228
temporary manager of the facility.	104229

(2) The department or agency may do one or both of the	104230
following:	104231

(a) Issue an order denying ~~payment~~medicaid payments to the	104232
facility for all medicaid eligible residents admitted after the	104233
effective date of the order;	104234

(b) Impose remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~	104235
5165.74 of the Revised Code appropriate to the severity and scope	104236
of the deficiency or cluster of deficiencies, except that the	104237
department or agency shall not impose a fine for the same	104238
deficiency for which the department or agency has issued an order	104239
under division (A)(2)(a) of this section.	104240

(B) If the department of health, department of ~~job and family~~	104241
~~services~~medicaid, or a contracting agency finds on the basis of a	104242
survey or other visit to the facility by representatives of that	104243
department or agency that an emergency exists at a facility that	104244
is not the result of a deficiency or cluster of deficiencies that	104245
constitutes immediate jeopardy, the department of ~~job and family~~	104246
~~services~~medicaid or contracting agency may do either of the	104247
following:	104248

(1) Appoint, subject to the continuing consent of the	104249
provider, a temporary manager of the facility;	104250

(2) Apply to the common pleas court of the county in which	104251
the facility is located for a temporary restraining order,	104252
preliminary injunction, or such other injunctive or equitable	104253
relief as is necessary to close the facility, transfer one or more	104254
residents to other nursing facilities or other appropriate care	104255
settings, or otherwise eliminate the emergency. If the court	104256
grants such an order, injunction, or relief, it may appoint a	104257
special master empowered to implement the court's judgment under	104258
the court's direct supervision.	104259

(C)(1) Prior to acting under division (A)(1)(b), (c), (d), or	104260
(2), or (B)(2) of this section, the department of ~~job and family~~	104261
~~services~~medicaid or contracting agency shall give written notice	104262
to the facility specifying all of the following:	104263

(a) The nature of the emergency, including the nature of any	104264
deficiency or deficiencies that caused the emergency;	104265

(b) The nature of the action the department or agency intends	104266
to take unless the department of health determines that the	104267
facility, in the absence of state intervention, possesses the	104268
capacity to eliminate the emergency;	104269

104270

(2) If the department of health determines that the facility	104271
does not possess the capacity to eliminate the emergency in the	104272
absence of state intervention, the department of ~~job and family~~	104273
~~services~~medicaid or contracting agency may immediately take	104274
action under division (A) or (B) of this section. If the	104275
department of health determines that the facility possesses the	104276
capacity to eliminate the emergency, the department of ~~job and~~	104277
~~family services~~medicaid or contracting agency shall direct the	104278
facility to eliminate the emergency within five days after the	104279
facility's receipt of the notice. At the end of the five-day	104280
period, the department of health shall conduct a follow-up survey	104281
that focuses on the emergency. If the department of health	104282
determines that the facility has eliminated the emergency within	104283
the time period, the department of ~~job and family services~~	104284
medicaid or contracting agency shall not act under division	104285
(A)(1)(b), (c), (d), or (2)(a), or (B)(2) of this section. If the	104286
department of health determines that the facility has failed to	104287
eliminate the emergency within the five-day period, the department	104288
of ~~job and family services~~medicaid or contracting agency shall	104289
take appropriate action under division (A)(1)(b), (c), (d), or	104290
(2), or (B)(2) of this section.	104291

(3) Until the written notice required by division (C)(1) of	104292
this section is actually delivered, no action taken by the	104293
department of ~~job and family services~~medicaid or contracting	104294
agency under division (A)(1)(b), (c), (d), or (2), or (B)(2) of	104295
this section shall have any legal effect. In addition to the	104296
written notice, the department of health survey team shall give	104297
oral notice to the facility, at the time of the survey, concerning	104298
any recommendations the survey team intends to make that could	104299
form the basis of a determination that an emergency exists.	104300

(D) The department of ~~job and family services~~medicaid or	104301
contracting agency shall deliver a written order issued under	104302
division (A)(1) of this section terminating a nursing facility's	104303
participation in the ~~medical assistance~~medicaid program to the	104304
facility within five days after the exit interview. If the	104305
facility alleges, at any time prior to the later of the twentieth	104306
day after the exit interview or the fifteenth day after it	104307
receives the order, that the condition of immediate jeopardy for	104308
which the order was issued has been eliminated, the department of	104309
health shall conduct a follow-up survey to determine whether the	104310
immediate jeopardy has been eliminated. The order shall take	104311
effect and the facility's participation shall terminate on the	104312
twentieth day after the exit interview, unless the facility has	104313
eliminated the immediate jeopardy or did not receive notice from	104314
the department of ~~job and family services~~medicaid or contracting	104315
agency within five days after the exit interview. In the latter	104316
case, the order shall take effect and the facility's participation	104317
shall terminate on the fifteenth day after the facility received	104318
the order.	104319

(E) Any action taken by the department of ~~job and family~~	104320
~~services~~medicaid or a contracting agency under division	104321
(A)(1)(c), (d), or (2)(a) of this section is subject to appeal	104322
under Chapter 119. of the Revised Code, except that the department	104323
or agency may take such action prior to and during the pendency of	104324
any proceeding under that chapter. No action taken by a facility	104325
under division (C) of this section to eliminate an emergency cited	104326
by the department of health shall be considered an admission by	104327
the facility of the existence of an emergency.	104328

Sec. 5165.771. (A) As used in this section:

104329

"SFF list" means the list of nursing facilities that the	104330
United States department of health and human services creates	104331
under the special focus facility program.	104332

"Special focus facility program" means the program conducted	104333
by the United States secretary of health and human services	104334
pursuant to the "Social Security Act," section 1919(f)(10), 42	104335
U.S.C. 1396r(f)(10).	104336

"Table A" means the table included in the SFF list that	104337
identifies nursing facilities that are newly added to the SFF	104338
list.	104339

"Table B" means the table included in the SFF list that	104340
identifies nursing facilities that have not improved.	104341

"Table C" means the table included in the SFF list that	104342
identifies nursing facilities that have shown improvement.	104343

"Table D" means the table included in the SFF list that	104344
identifies nursing facilities that have recently graduated from	104345
the special focus facility program.	104346

(B) The department of medicaid shall issue an order	104347
terminating a nursing facility's participation in the medicaid	104348
program if any of the following apply:	104349

(1) The nursing facility is listed in table A or table B on	104350
the effective date of this section and fails to be placed in table	104351
C not later than twelve months after the effective date of this	104352
section;	104353

(2) The nursing facility is listed in table A, table B, or	104354
table C on the effective date of this section and fails to be	104355
placed in table D not later than twenty-four months after the	104356
effective date of this section;	104357

(3) The nursing facility is placed in table A after the	104358
effective date of this section and fails to be placed in table C	104359
not later than twelve months after the nursing facility is placed	104360
in table A;	104361

(4) The nursing facility is placed in table A after the	104362
effective date of this section and fails to be placed in table D	104363
not later than twenty-four months after the nursing facility is	104364
placed in table A.	104365

(C) An order issued under this section is not subject to	104366
appeal under Chapter 119. of the Revised Code.	104367

(D) To help a nursing facility avoid having its participation	104368
in the medicaid program terminated pursuant to division (B) of	104369
this section, the department of aging shall provide the nursing	104370
facility technical assistance through the nursing home quality	104371
initiative established under section 173.60 of the Revised Code at	104372
least four months before the department of medicaid would be	104373
required to terminate the nursing facility's participation.	104374

~~Sec. 5111.511.~~ Sec. 5165.78. (A) If the department of ~~job and~~	104375
~~family services~~medicaid determines that a nursing facility is	104376
experiencing or is likely to experience a serious financial loss	104377
or failure that jeopardizes or is likely to jeopardize the health,	104378
safety, and welfare of its residents, the department, subject to	104379
the provider's consent, may appoint a temporary resident safety	104380
assurance manager in the nursing facility to take actions the	104381
department determines are appropriate to ensure the health,	104382
safety, and welfare of the residents.	104383

(B) A temporary resident safety assurance manager appointed	104384
under this section is vested with the authority necessary to take	104385
actions the department of ~~job and family services~~medicaid	104386
determines are appropriate to ensure the health, safety, and	104387
welfare of the residents.	104388

(C) A temporary resident safety assurance manager appointed	104389
under this section may use any of the following funds to pay for	104390
costs the manager incurs on behalf of the nursing facility:	104391

(1) Medicaid payments made in accordance with the provider	104392
agreement for the nursing facility;	104393

(2) Funds from the residents protection fund that the	104394
department provides the manager under section ~~5111.62~~5162.66 of	104395
the Revised Code;	104396

(3) Other funds the department determines are appropriate if	104397
such use of the funds is consistent with the appropriations that	104398
authorize the use of the funds and all other state and federal	104399
laws governing the use of the funds.	104400

(D) The provider is liable to the department for the amount	104401
of any payments the department makes to the temporary resident	104402
safety assurance manager, other than payments specified in	104403
division (C)(1) of this section. The department may recover the	104404
amount the provider owes the department by doing any of the	104405
following:	104406

(1) Offsetting medicaid payments made to the provider in	104407
accordance with the provider agreement;	104408

(2) Placing a lien on any of the provider's real and personal	104409
property;	104410

(3) Initiating other collection actions.

104411

(E) No action the department takes under this section is	104412
subject to appeal under Chapter 119. of the Revised Code.	104413

(F) In rules ~~adopted under~~authorized by section ~~5111.36~~	104414
5165.61 of the Revised Code, the medicaid director ~~of job and~~	104415
~~family services~~ may establish all of the following:	104416

(1) Qualifications persons must meet to be appointed	104417
temporary resident safety assurance managers under this section;	104418

(2) Procedures for maintaining a list of qualified temporary	104419
resident safety assurance managers;	104420

(3) Procedures consistent with federal law for paying for the	104421
services of temporary resident safety assurance managers;	104422

(4) Accounting and reporting requirements for temporary	104423
resident safety assurance managers;	104424

(5) Other procedures and requirements the director determines	104425
are necessary to implement this section.	104426

~~Sec. 5111.52.~~ Sec. 5165.79. (A) As used in this section,	104427
"terminating" includes not renewing.	104428

(B) A nursing facility's participation in the ~~medical~~	104429
~~assistance~~medicaid program shall be terminated under sections	104430
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code as	104431
follows:	104432

(1) If the department of ~~job and family services~~medicaid is	104433
terminating the facility's participation, it shall issue an order	104434
terminating the facility's provider agreement.	104435

(2) If the department of health, acting as a contracting	104436
agency, is terminating the facility's participation, it shall	104437
issue an order terminating certification of the facility's	104438
compliance with certification requirements. When the department of	104439
health terminates certification, the department of ~~job and family~~	104440
~~services~~medicaid shall terminate the facility's provider	104441
agreement. The department of ~~job and family services~~medicaid is	104442
not required to provide an adjudication hearing when it terminates	104443
a provider agreement following termination of certification by the	104444
department of health.	104445

(3) If a state agency other than the department of health,	104446
acting as a contracting agency, is terminating the facility's	104447
participation, it shall notify the department of ~~job and family~~	104448
~~services~~medicaid, and the department of ~~job and family services~~	104449
medicaid shall issue an order terminating the facility's provider	104450
agreement. The contracting agency shall conduct any administrative	104451
proceedings concerning the order.	104452

(C) If the following conditions are met, the department of	104453
~~job and family services~~medicaid may make ~~medical assistance~~	104454
medicaid payments to a nursing facility for a period not exceeding	104455
thirty days after the effective date of termination under sections	104456
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code of the	104457
facility's participation in the ~~medical assistance~~medicaid	104458
program:	104459

(1) The payments are for medicaid eligible residents admitted	104460
to the facility prior to the effective date of the termination;	104461

(2) The provider is making reasonable efforts to transfer	104462
medicaid eligible residents to other care settings.	104463

The period during which payments may be made under this	104464
division begins on the later of the effective date of the	104465
termination or, if the facility has appealed a termination order,	104466
the date of issuance of the adjudication order upholding	104467
termination.	104468

~~Sec. 5111.53.~~ Sec. 5165.80. (A) Whenever a nursing facility is	104469
closed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	104470
Revised Code, the department of ~~job and family services~~medicaid	104471
or contracting agency shall arrange for the safe and orderly	104472
transfer of all residents, including residents who are not	104473
medicaid eligible residents, to other appropriate care settings.	104474
Whenever a nursing facility's participation in the ~~medical~~	104475
~~assistance~~medicaid program is terminated under sections ~~5111.35~~	104476
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department or	104477
agency shall arrange for the safe and orderly transfer of all	104478
medicaid eligible residents or, if the termination results in the	104479
closure of the facility, of all residents. The provider and all	104480
persons involved in the facility's operation shall cooperate with	104481
and assist in the transfer of residents.	104482

(B) After a nursing facility's participation in the ~~medical~~	104483
~~assistance~~medicaid program is terminated under section ~~5111.45~~	104484
5165.71, ~~5111.46~~5165.72, ~~5111.51~~5165.77, 5165.771, or ~~5111.58~~	104485
5165.85 of the Revised Code, the department of ~~job and family~~	104486
~~services~~medicaid or contracting agency may appoint a temporary	104487
manager subject to the continuing consent of the provider, or may	104488
apply to the common pleas court of the county in which the	104489
facility is located for such injunctive relief as is necessary for	104490
the appointment of a special master, to ensure the transfer of	104491
medicaid eligible residents to other appropriate care settings	104492
and, if applicable, the orderly closure of the facility.	104493

~~Sec. 5111.54.~~ Sec. 5165.81. (A) A temporary manager of a nursing	104494
facility appointed by the department of ~~job and family services~~	104495
medicaid or a contracting agency under sections ~~5111.35~~5165.60 to	104496
~~5111.62~~5165.89 of the Revised Code shall meet all of the	104497
following qualifications:	104498

(1) Be licensed as a nursing home administrator under Chapter	104499
4751. of the Revised Code;	104500

(2) Have demonstrated competence as a nursing home	104501
administrator;	104502

(3) Have had no disciplinary action taken against the	104503
temporary manager by any licensing board or professional society	104504
in this state.	104505

(B) The salary of a temporary manager or special master	104506
appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	104507
Revised Code shall be paid by the facility and set by the	104508
department of ~~job and family services~~medicaid or contracting	104509
agency, in the case of a temporary manager, or by the court, in	104510
the case of a special master, at a rate not to exceed the maximum	104511
allowable compensation for an administrator under the ~~medical~~	104512
~~assistance~~medicaid program. The extent to which this compensation	104513
is allowable under the ~~medical assistance~~medicaid program is	104514
subject to and limited by this chapter and rules ~~of the department~~	104515
adopted under section 5165.02 of the Revised Code.	104516

Subject to division (C) of this section, any costs incurred	104517
on behalf of a nursing facility by a temporary manager or special	104518
master appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89	104519
of the Revised Code shall be paid by the facility. The	104520
allowability of these costs under the ~~medical assistance~~medicaid	104521
program shall be subject to and governed by this chapter and ~~the~~	104522
rules ~~of the department~~adopted under section 5165.02 of the	104523
Revised Code. This division does not prohibit a facility from	104524
applying for or receiving any waiver of cost ceilings available	104525
under the rules ~~of the department~~.	104526

(C) No temporary manager or special master appointed under	104527
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code	104528
shall enter into any employment contract on behalf of a facility,	104529
or purchase any capital goods using facility funds totaling more	104530
than ten thousand dollars, unless the temporary manager or special	104531
master has obtained prior approval for the contract or purchase	104532
from either the provider or the court.	104533

(D)(1) A temporary manager appointed for a nursing facility	104534
under section ~~5111.46~~5165.72 of the Revised Code is hereby	104535
vested, subject to division (C) of this section, with the legal	104536
authority necessary to correct any deficiency or cluster of	104537
deficiencies at a facility, bring the facility into compliance	104538
with certification requirements, and otherwise ensure the health	104539
and safety of the residents.	104540

(2) A temporary manager appointed under section ~~5111.51~~	104541
5165.77 of the Revised Code is hereby vested, subject to division	104542
(C) of this section, with the authority necessary to eliminate the	104543
emergency, bring the facility into compliance with certification	104544
requirements, and otherwise ensure the health and safety of the	104545
residents.	104546

(3) A temporary manager appointed under section ~~5111.53~~	104547
5165.80 of the Revised Code is hereby vested, subject to division	104548
(C) of this section, with the authority necessary to ensure the	104549
transfer of medicaid eligible residents to other appropriate care	104550
settings and, if applicable, the orderly closure of the facility,	104551
and to otherwise ensure the health and safety of the residents.	104552

(E) Prior to acting under division (A)(1)(b) or (2)(b) of	104553
section ~~5111.46~~5165.72 of the Revised Code to appoint a temporary	104554
manager or apply for a special master, the department of ~~job and~~	104555
~~family services~~medicaid or contracting agency shall order the	104556
facility to substantially correct the deficiency or deficiencies	104557
within five days after receiving the statement and inform the	104558
facility, in the statement it provides pursuant to division (B) of	104559
section ~~5111.49~~5165.75 of the Revised Code, of the order and	104560
that it will not take that action unless the facility fails to	104561
substantially correct the deficiency or deficiencies within that	104562
five-day period. At the end of the five-day period, the department	104563
of health shall conduct a follow-up survey that focuses on the	104564
deficiency or deficiencies. If the department of health determines	104565
that the facility has substantially corrected the deficiency or	104566
deficiencies within that time, the department of ~~job and family~~	104567
~~services~~medicaid or contracting agency shall not appoint a	104568
temporary manager or apply for a special master. If the department	104569
of health determines that the facility has failed to substantially	104570
correct the deficiency or deficiencies within that time, the	104571
department of ~~job and family services~~medicaid or contracting	104572
agency may proceed with appointment of the temporary manager or	104573
application for a special master. Until the statement required	104574
under division (B) of section ~~5111.49~~5165.75 of the Revised Code	104575
is actually delivered, no action taken by the department or agency	104576
to appoint a temporary manager or apply for a temporary manager	104577
under division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 of	104578
the Revised Code shall have any legal effect. No action taken by a	104579
facility under this division to substantially correct a deficiency	104580
or deficiencies shall be considered an admission by the facility	104581
of the existence of a deficiency or deficiencies.	104582

(F) Appointment of a temporary manager under division	104583
(A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 or division	104584
(A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code shall	104585
expire at the end of the seventh day following the appointment. If	104586
the department of ~~job and family services~~medicaid or contracting	104587
agency finds that the deficiency or deficiencies that prompted the	104588
appointment under division (A)(1)(b) or (2)(b) of section ~~5111.46~~	104589
5165.72 of the Revised Code cannot be substantially corrected, or	104590
the condition of immediate jeopardy that prompted the appointment	104591
under division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised	104592
Code cannot be eliminated, prior to the expiration of the	104593
appointment, it may take one of the following actions:	104594

(1) Appoint, subject to the continuing consent of the	104595
provider, a temporary manager for the facility;	104596

(2) Apply to the common pleas court of the county in which	104597
the facility is located for an order appointing a special master	104598
who, under the authority and direct supervision of the court and	104599
subject to divisions (B) and (C) of this section, may take such	104600
additional actions as are necessary to correct the deficiency or	104601
deficiencies or eliminate the condition of immediate jeopardy and	104602
bring the facility into compliance with certification	104603
requirements.	104604

(G) The court, on finding that the deficiency or deficiencies	104605
for which a special master was appointed under division (F)(2) of	104606
this section or division (A)(1)(b) or (2)(b) of section ~~5111.46~~	104607
5165.72 of the Revised Code has been substantially corrected, or	104608
the emergency for which a special master was appointed under	104609
division (F)(2) of this section or division (A)(1)(b) or (B)(2) of	104610
section ~~5111.51~~5165.77 of the Revised Code has been eliminated,	104611
that the facility has been brought into compliance with	104612
certification requirements, and that the provider has established	104613
the management capability to ensure continued compliance with the	104614
certification requirements, shall immediately terminate its	104615
jurisdiction over the facility and return control and management	104616
of the facility to the provider. If the deficiency or deficiencies	104617
cannot be substantially corrected, or the emergency cannot be	104618
eliminated practicably within a reasonable time following	104619
appointment of the special master, the court may order the special	104620
master to close the facility and transfer all residents to other	104621
nursing facilities or other appropriate care settings.	104622

(H) This section does not apply to temporary resident safety	104623
assurance managers appointed under section ~~5111.511~~5165.78 of the	104624
Revised Code.	104625

~~Sec. 5111.55.~~ Sec. 5165.82. (A) An order issued under section	104626
~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	104627
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	104628
medicaid payments to a nursing facility for all medicaid eligible	104629
residents admitted after its effective date, or an order issued	104630
under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74	104631
of the Revised Code denying ~~payment~~medicaid payments to a	104632
nursing facility for medicaid eligible residents admitted after	104633
the effective date of the order who have specified diagnoses or	104634
special care needs, shall also apply to individuals admitted to	104635
the facility on and after the effective date of the order who are	104636
not medicaid eligible residents but become medicaid eligible	104637
residents after admission. Such an order shall not apply to any of	104638
the following:	104639

(1) An individual who was a medicaid eligible resident of the	104640
facility on the day immediately preceding the effective date of	104641
the order and continues to be a medicaid eligible resident on and	104642
after that date;	104643

(2) An individual who was a resident of the facility on the	104644
day immediately preceding the effective date of the order,	104645
continues to be a resident on and after that date, and becomes	104646
medicaid eligible on or after that date;	104647

(3) An individual who was a medicaid eligible resident of the	104648
facility prior to the effective date of the order, is temporarily	104649
absent from the facility on that or a subsequent date due to	104650
hospitalization or participation in therapeutic programs outside	104651
the facility, and chooses to return to the facility;	104652

(4) An individual who was a resident of the facility prior to	104653
the effective date of the order, is temporarily absent from the	104654
facility on that or a subsequent date due to hospitalization or	104655
participation in therapeutic programs outside the facility,	104656
becomes medicaid eligible on or after that date, and chooses to	104657
return to the facility.	104658

(B) An order issued under section ~~5111.46~~5165.72 of the	104659
Revised Code denying ~~payment~~medicaid payments to a nursing	104660
facility for all medicaid eligible residents admitted after its	104661
effective date, or denying ~~payment~~medicaid payments to a facility	104662
for medicaid eligible residents admitted after the effective date	104663
of the order who have specified diagnoses or special care needs	104664
shall not take effect prior to the fifth day after the order is	104665
delivered to the facility. Such an order issued under section	104666
~~5111.47~~5165.73 or ~~5111.48~~5165.74 of the Revised Code shall not	104667
take effect prior to the twentieth day after it is delivered to	104668
the facility.	104669

(C) No nursing facility that has received an order under	104670
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	104671
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	104672
medicaid payments for all new admissions of medicaid eligible	104673
residents shall admit a medicaid eligible resident on or after the	104674
effective date of the order, unless the resident is described in	104675
division (A)(3) or (4) of this section, until the order is	104676
terminated pursuant to this section. No nursing facility that has	104677
received an order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73,	104678
or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	104679
payments to a nursing facility for new admissions of medicaid	104680
eligible residents with specified diagnoses or special care needs	104681
shall admit such a resident on or after the effective date of the	104682
order, unless the resident is described in division (A)(3) or (4)	104683
of this section, until the order is terminated pursuant to this	104684
section.	104685

(D) In the case of an order imposed under division (B) of	104686
section ~~5111.57~~5165.84 of the Revised Code, the department or	104687
agency shall appoint monitors in accordance with section ~~5111.44~~	104688
5165.70 of the Revised Code to conduct on-site monitoring.	104689

(E)(1) A facility may give written notice to the department	104690
of health whenever any of the following apply:	104691

(a) With respect to an order denying payment issued under	104692
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	104693
the Revised Code, either of the following is the case:	104694

(i) The facility has completed implementation of the plan of	104695
correction it submitted under section ~~5111.43~~5165.69 of the	104696
Revised Code and substantially corrected all deficiencies for	104697
which the order was issued.	104698

(ii) The facility has reduced the severity or scope of all of	104699
the deficiencies to a level at which sections ~~5111.46~~5165.72 to	104700
~~5111.48~~5165.74 of the Revised Code do not authorize the order.	104701

(b) With respect to an order denying payment issued under	104702
section ~~5111.51~~5165.77 of the Revised Code, the facility has	104703
eliminated the immediate jeopardy.	104704

(c) With respect to an order denying ~~payment~~medicaid	104705
payments issued under division (A) of section ~~5111.57~~5165.84 of	104706
the Revised Code, the facility has completed implementation of the	104707
plan of correction it submitted under section ~~5111.43~~5165.69 of	104708
the Revised Code and substantially corrected all deficiencies for	104709
which the order was issued.	104710

(d) With respect to an order denying ~~payment~~medicaid	104711
payments issued under division (B) of section ~~5111.57~~5165.84 of	104712
the Revised Code, both of the following are the case:	104713

(i) The facility has completed implementation of the plan of	104714
correction it submitted under section ~~5111.43~~5165.69 of the	104715
Revised Code and substantially corrected all deficiencies for	104716
which the order was issued.	104717

(ii) The facility is in compliance with certification	104718
requirements and has provided adequate assurance that it will	104719
remain in compliance with them.	104720

(2) Within ten working days after it receives the notice	104721
under division (E)(1) of this section, the department of health	104722
shall conduct a follow-up survey that focuses on the cited	104723
deficiency or deficiencies, unless the department is able to	104724
determine, on the basis of documentation provided by the facility,	104725
that the facility has completed the applicable action described in	104726
divisions (E)(1)(a) to (d) of this section. If the department of	104727
health makes that determination on the basis of the documentation,	104728
the department of ~~job and family services~~medicaid or contracting	104729
agency shall terminate the order denying ~~payment~~medicaid payments	104730
as of the date the facility completed the applicable action, as	104731
subsequently verified by the department of health. If the	104732
department of health conducts a follow-up survey, the department	104733
of ~~job and family services~~medicaid or contracting agency shall	104734
terminate the order denying ~~payment~~medicaid payments as of the	104735
date the department of health makes the determination that the	104736
facility completed the applicable action.	104737

(F) The department of ~~job and family services~~medicaid or	104738
contracting agency shall provide public notice implementing an	104739
order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~	104740
5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the Revised Code	104741
denying ~~payment~~medicaid payments to a nursing facility ~~under the~~	104742
~~medical assistance program~~ for all medicaid eligible residents by	104743
publishing in a newspaper of general circulation in the county in	104744
which the facility is located an announcement stating: "By order	104745
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	104746
name of contracting agency), effective on and after (effective	104747
date of order), (name of facility) is no longer authorized to	104748
admit Medicaid eligible residents." Immediately following	104749
termination of any such order, the department or agency shall	104750
publish in a newspaper of general circulation in the county in	104751
which the facility is located an announcement stating: "By order	104752
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	104753
name of contracting agency), effective on and after (effective	104754
date of termination), (name of facility) is hereby authorized to	104755
admit Medicaid eligible residents." Neither the department nor the	104756
contracting agency shall issue public notice of an order under	104757
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	104758
the Revised Code denying payment to a nursing facility for	104759
medicaid eligible residents with specified diagnoses or special	104760
care needs; public notice is not required for such an order to	104761
take effect.	104762

(G) A facility that complies with division (E) of this	104763
section shall not be considered to have admitted to the existence	104764
of the deficiency that constitutes the basis of the department's	104765
or agency's order.	104766

~~Sec. 5111.56.~~ Sec. 5165.83. (A) As used in this section,	104767
"certified beds" means beds certified under Title XVIII or Title	104768
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	104769
~~301, as amended~~.	104770

(B) If the department of ~~job and family services~~medicaid or	104771
a contracting agency imposes a fine on a nursing facility under	104772
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	104773
the Revised Code, it may impose one or more of the following:	104774

(1) One hundred sixty per cent of the amount calculated under	104775
division (C) of this section for any deficiency or cluster of	104776
deficiencies that constitutes a severity level four and scope	104777
level four finding;	104778

(2) One hundred forty per cent of the amount calculated under	104779
division (C) of this section for any deficiency or cluster of	104780
deficiencies that constitutes a severity level four and scope	104781
level three finding;	104782

(3) One hundred twenty per cent of the amount calculated	104783
under division (C) of this section for any deficiency or cluster	104784
of deficiencies that constitutes a severity level four and scope	104785
level two finding;	104786

(4) The amount calculated under division (C) of this section	104787
for any deficiency or cluster of deficiencies that constitutes a	104788
severity level four and scope level one finding or any deficiency	104789
or cluster of deficiencies that constitutes a severity level three	104790
and scope level four finding;	104791

(5) Ninety per cent of the amount calculated under division	104792
(C) of this section for any deficiency or cluster of deficiencies	104793
that constitutes a severity level three and scope level three	104794
finding;	104795

(6) Eighty per cent of the amount calculated under division	104796
(C) of this section for any deficiency or cluster of deficiencies	104797
that constitutes a severity level three and scope level two	104798
finding;	104799

(7) Seventy per cent of the amount calculated under division	104800
(C) of this section for any deficiency or cluster of deficiencies	104801
that constitutes a severity level three and scope level one	104802
finding;	104803

(8) Fifty per cent of the amount calculated under division	104804
(C) of this section for any deficiency or cluster of deficiencies	104805
that constitutes a severity level two and scope level four	104806
finding;	104807

(9) Forty per cent of the amount calculated under division	104808
(C) of this section for any deficiency or cluster of deficiencies	104809
that constitutes a severity level two and scope level three	104810
finding.	104811

(C) The amount subject to division (B) of this section shall	104812
be the product of multiplying two dollars and fifty cents for each	104813
day the fine is in effect by the total number of licensed nursing	104814
home beds or certified beds, whichever is greater, in the facility	104815
as of the date the deficiency or cluster of deficiencies that is	104816
the reason for the fine was cited.	104817

(D)(1) The department of ~~job and family services~~medicaid or	104818
contracting agency shall not impose on a facility, at any one	104819
time, more than four fines as a result of any one survey.	104820

(2) The department of ~~job and family services~~medicaid or	104821
contracting agency shall not impose more than one fine based on a	104822
deficiency or cluster of deficiencies. However, if the department	104823
of health, in a follow-up or other subsequent survey, finds a	104824
change in the scope or severity of the deficiency or cluster of	104825
deficiencies, the department of ~~job and family services~~medicaid	104826
or contracting agency may increase or decrease the fine in	104827
accordance with division (B) of this section to reflect the change	104828
in scope or severity. The department or agency shall give the	104829
facility written notice of the change in the amount of the fine.	104830
The change shall take effect on the date the follow-up or other	104831
subsequent survey is completed.	104832

If the department of health finds that a deficiency is a	104833
repeat deficiency, the department of ~~job and family services~~	104834
medicaid or contracting agency may impose a fine that is one	104835
hundred per cent greater than the fine specified in division (B)	104836
of this section for the deficiency.	104837

(E) The total amount of fines the department of ~~job and~~	104838
~~family services~~medicaid or contracting agency may impose on a	104839
facility in a single calendar year shall not exceed five hundred	104840
dollars for each licensed nursing home bed or certified bed,	104841
whichever is greater in number, in the facility.	104842

(F)(1) Except as provided in division (F)(2) of this section,	104843
the department of ~~job and family services~~medicaid or contracting	104844
agency shall not impose a fine under section ~~5111.46~~5165.72,	104845
~~5111.47~~5165.73, or ~~5111.48~~5165.74 of the Revised Code if the	104846
deficiency or cluster of deficiencies is substantially corrected	104847
within twenty days after the nursing facility receives the	104848
statement provided under division (B) of section ~~5111.49~~5165.75	104849
of the Revised Code. The department or agency shall inform the	104850
nursing facility in that statement that the fine will not be	104851
imposed if the deficiency or cluster of deficiencies is	104852
substantially corrected within the twenty-day period.	104853

(2) If a nursing facility has substantially corrected a	104854
deficiency or cluster of deficiencies within six months after the	104855
exit interview of a survey that was the basis for citing a	104856
deficiency or cluster of deficiencies, but after correcting it has	104857
been cited for the same deficiency or cluster of deficiencies by	104858
the department of health on the basis of a subsequent survey	104859
conducted during the remainder of the six-month period, the	104860
department of ~~job and family services~~medicaid or contracting	104861
agency may impose a fine beginning on the date of the exit	104862
interview of the subsequent survey.	104863

(G) Whenever a facility believes that it has completed	104864
implementation of the plan of correction it submitted under	104865
section ~~5111.43~~5165.69 of the Revised Code and substantially	104866
corrected the cited deficiency or cluster of deficiencies that is	104867
the basis for a fine, it may give written notice to that effect to	104868
the department of health. After receiving the notice, the	104869
department shall conduct a follow-up survey of the facility that	104870
focuses on the deficiency or cluster, unless the department is	104871
able to determine, on the basis of documentation provided by the	104872
facility, that the facility has substantially corrected the	104873
deficiency or cluster. If, based on the follow-up survey, the	104874
department establishes that the facility had not completed	104875
implementation of the plan of correction at the time the	104876
department received the notice, any fine based on the deficiency	104877
or cluster shall be doubled effective from the date the department	104878
received the notice. A facility that complies with this division	104879
shall not be considered to have admitted the existence of the	104880
deficiency or cluster that is the basis for the fine.	104881

(H) Except for a fine imposed under division (C) of section	104882
~~5111.46~~5165.72 of the Revised Code and as provided in division	104883
(F)(2) of this section, the department of ~~job and family services~~	104884
medicaid or contracting agency shall impose a fine only if the	104885
facility fails to give notice under division (G) of this section	104886
within twenty days after it receives the statement required by	104887
division (B) of section ~~5111.49~~5165.75 of the Revised Code or if	104888
the department of health determines, based on a follow-up survey,	104889
that the deficiency or cluster of deficiencies for which the fine	104890
is proposed has not been substantially corrected within the	104891
twenty-day period. The fine shall be imposed effective on the	104892
twenty-first day after the facility receives the statement under	104893
division (B) of section ~~5111.49~~5165.75 of the Revised Code. The	104894
fine shall remain in effect until the earliest of the following:	104895

(1) The date the department of health receives notice under	104896
division (G) of this section, unless the department determines, on	104897
the basis of a follow-up survey, that the deficiency or cluster of	104898
deficiencies that is the basis for the fine has not been	104899
substantially corrected as of that date;	104900

(2) The date on which the department of health makes a	104901
determination, on the basis of a follow-up survey, that the	104902
deficiency or cluster of deficiencies has been substantially	104903
corrected;	104904

(3) The date the facility substantially corrected the	104905
deficiency or cluster, as subsequently determined by the	104906
department of health on the basis of documentation provided by the	104907
facility.	104908

(I) Any fine imposed by the department of ~~job and family~~	104909
~~services~~medicaid or contracting agency under this section is	104910
subject to appeal under Chapter 119. of the Revised Code. If the	104911
facility does not request a hearing under Chapter 119. of the	104912
Revised Code and either pays or agrees in writing to pay the fine	104913
when payment becomes due under division (J) of this section, the	104914
department or agency shall reduce the fine by fifty per cent. The	104915
department or agency may compromise any claim for payment of a	104916
fine under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	104917
Revised Code.	104918

(J) The department of ~~job and family services~~medicaid or	104919
contracting agency shall collect interest on fines, at the rate	104920
per calendar month that equals one-twelfth of the rate per year	104921
prescribed by section 5703.47 of the Revised Code for the calendar	104922
year that includes the month for which the interest charge	104923
accrues. Payment of a fine is due, and interest begins to accrue	104924
on the unpaid fine or balance, on the thirty-first day after the	104925
department or agency issues a final adjudication order imposing	104926
the fine. If the deficiency or deficiencies on which the fine is	104927
based have not been corrected when the final adjudication order is	104928
issued, the payment is due, and interest begins to accrue on the	104929
unpaid fine or balance, on the thirty-first day after the	104930
deficiency or deficiencies are corrected and the department or	104931
agency mails a notice specifying the amount of the fine to the	104932
facility.	104933

(K) The department of ~~job and family services~~medicaid or	104934
contracting agency shall collect fines and interest imposed under	104935
this section through one of the following means:	104936

(1) A lump sum payment from the provider;

104937

(2) Periodic payments for a period not to exceed twelve	104938
months, in accordance with a schedule approved by the department	104939
or agency;	104940

(3) Appropriately reducing the amounts of medicaid payments	104941
made to the facility for ~~care~~nursing facility services provided	104942
to medicaid eligible residents for a period not to exceed twelve	104943
months following the date on which payment of the fine becomes due	104944
under division (J) of this section. An amount equal to the amount	104945
by which each payment is reduced shall be deposited to the credit	104946
of the residents protection fund in accordance with section	104947
~~5111.62~~5162.66 of the Revised Code.	104948

~~Sec. 5111.57.~~ Sec. 5165.84. (A) The department of ~~job and family~~	104949
~~services~~medicaid or a contracting agency shall issue an order	104950
denying ~~payment~~medicaid payments to a nursing facility for all	104951
medicaid eligible residents admitted to the facility on or after	104952
the effective date of the order, if the facility has failed to	104953
substantially correct within ninety days after the exit interview	104954
a deficiency or cluster of deficiencies in accordance with the	104955
plan of correction it submitted under section ~~5111.43~~5165.69 of	104956
the Revised Code, as determined by the department of health on the	104957
basis of a follow-up survey.	104958

(B) The department of ~~job and family services~~medicaid or	104959
contracting agency shall issue an order denying ~~payment~~medicaid	104960
payments to a nursing facility for all medicaid eligible residents	104961
admitted to the facility on or after the effective date of the	104962
order, if during three consecutive standard surveys conducted	104963
after December 13, 1990, the department of health has found a	104964
condition of substandard care in a facility.	104965

(C) An order issued under division (A) or (B) of this section	104966
shall take effect on the later of the date the facility receives	104967
the order or the date the public notice required under division	104968
(F) of section ~~5111.55~~5165.82 of the Revised Code is published.	104969
The order is subject to appeal under Chapter 119. of the Revised	104970
Code; however the order may take effect prior to or during the	104971
pendency of any hearing under that chapter. In that case, the	104972
department or agency shall provide the facility an opportunity for	104973
a hearing in accordance with section ~~5111.60~~5165.87 of the	104974
Revised Code.	104975

~~Sec. 5111.58.~~ Sec. 5165.85. (A) If a nursing facility notifies the	104976
department of ~~job and family services~~medicaid or a contracting	104977
agency, at any time during the six-month period following the exit	104978
interview of a survey that was the basis for citing a deficiency	104979
or deficiencies, that the deficiency or deficiencies have been	104980
substantially corrected in accordance with the plan of correction	104981
submitted and approved under section ~~5111.43~~5165.69 of the	104982
Revised Code, the department of health shall conduct a follow-up	104983
survey to determine whether the deficiency or deficiencies have	104984
been substantially corrected in accordance with the plan.	104985

(B) The department of ~~job and family services~~medicaid or a	104986
contracting agency shall terminate a nursing facility's	104987
participation in the ~~medical assistance~~medicaid program whenever	104988
the facility has not substantially corrected, within six months	104989
after the exit interview of the survey on the basis of which it	104990
was cited, a deficiency or deficiencies in accordance with the	104991
plan of correction submitted under section ~~5111.43~~5165.69 of the	104992
Revised Code, as determined by the department of health on the	104993
basis of a follow-up survey.	104994

(C) Unless the facility has substantially corrected the	104995
deficiency or deficiencies in accordance with the plan of	104996
correction, as determined by the department of health on the basis	104997
of a follow-up survey, the department of ~~job and family services~~	104998
medicaid or contracting agency shall deliver to the facility, at	104999
least thirty days prior to the day that is six months after the	105000
exit interview, a written order terminating the facility's	105001
participation in the ~~medical assistance~~medicaid program. The	105002
order shall take effect and the facility's participation shall	105003
terminate on the day that is six months after the exit interview.	105004
The order shall not take effect if, after it is delivered to the	105005
facility and prior to the effective date of the order, the	105006
department of health determines on the basis of a follow-up survey	105007
that the facility has corrected the deficiency or deficiencies.	105008

An order issued under this section is subject to appeal under	105009
Chapter 119. of the Revised Code; however, the order may take	105010
effect prior to or during the pendency of any hearing under that	105011
chapter. In that case, the department of ~~job and family services~~	105012
medicaid or contracting agency shall provide the facility an	105013
opportunity for a hearing in accordance with section ~~5111.60~~	105014
5165.87 of the Revised Code.	105015

(D) Except as provided in division (E) of this section,	105016
whenever the department of ~~job and family services~~medicaid or a	105017
contracting agency terminates a facility's participation in the	105018
~~medical assistance~~medicaid program pursuant to this section, the	105019
provider shall repay the department the federal share of all	105020
medicaid payments made by the department to the facility ~~under the~~	105021
~~medical assistance program~~ during the six-month period following	105022
the exit interview of the survey that was the basis for citing the	105023
deficiency or cluster of deficiencies. The provider shall repay	105024
the department within thirty days after the department repays to	105025
the federal government the federal share of medicaid payments made	105026
to the facility during that six-month period.	105027

(E) A provider is not required to repay the department of ~~job~~	105028
~~and family services~~medicaid if either of the following is the	105029
case:	105030

(1) The facility has brought an appeal under Chapter 119. of	105031
the Revised Code of termination of its participation in the	105032
~~medical assistance~~medicaid program, except that the provider	105033
shall repay the department of ~~job and family services~~medicaid	105034
within thirty days after the facility exhausts its right to appeal	105035
under that chapter.	105036

(2) The facility complied with the plan of correction	105037
approved by the department of health and the obligation to repay	105038
resulted from the department's failure to provide timely	105039
verification to the United States department of health and human	105040
services of the facility's compliance with the plan of correction.	105041

(F) If a provider's obligation to repay the department of ~~job~~	105042
~~and family services~~medicaid under division (D) of this section	105043
results from disallowance of federal financial participation by	105044
the United States department of health and human services, the	105045
provider shall not be required to repay the department of ~~job and~~	105046
~~family services~~medicaid until the federal disallowance becomes	105047
final.	105048

(G) Any fines paid under sections ~~5111.35~~5165.60 to ~~5111.62~~	105049
5165.89 of the Revised Code during any period for which the	105050
facility is required to repay the department of ~~job and family~~	105051
~~services~~medicaid under division (D) of this section shall be	105052
offset against the amount the provider is required to repay the	105053
department for that period.	105054

(H) Prior to a change of ownership of a facility for which a	105055
provider has an obligation to repay the department of ~~job and~~	105056
~~family services~~medicaid under division (D) of this section that	105057
has not become final, or has become final but not been paid, the	105058
department may do one or more of the following:	105059

(1) Require the provider to place money in escrow, or obtain	105060
a bond, in sufficient amount to indemnify the state against the	105061
provider's failure to repay the department after the change of	105062
ownership occurs;	105063

(2) Place a lien on the facility's real property;

105064

(3) Use any method to recover the medicaid payments that is	105065
available to the attorney general to recover payments on behalf of	105066
the department of ~~job and family services~~medicaid.	105067

~~Sec. 5111.59.~~ Sec. 5165.86. The department of ~~job and family~~	105068
~~services~~medicaid, the department of health, and any contracting	105069
agency shall deliver a written notice, statement, or order to a	105070
nursing facility under sections ~~5111.35~~5165.60 to ~~5111.41~~5165.66	105071
and ~~5111.43~~5165.69 to ~~5111.62~~5165.89 of the Revised Code by	105072
certified mail or hand delivery. If the notice, statement, or	105073
order is mailed, it shall be addressed to the administrator of the	105074
facility as indicated in the department's or agency's records. If	105075
it is hand delivered, it shall be delivered to a person at the	105076
facility who would appear to the average prudent person to have	105077
authority to accept it.	105078

Delivery of written notice by a nursing facility to the	105079
department of health, the department of ~~job and family services~~	105080
medicaid, or a contracting agency under sections ~~5111.35~~5165.60	105081
to ~~5111.62~~5165.89 of the Revised Code shall be by certified mail	105082
or hand delivery to the appropriate department or the agency.	105083

~~Sec. 5111.60.~~ Sec. 5165.87. (A) Except as provided in division (B)	105084
of this section, the following remedies are subject to appeal	105085
under Chapter 119. of the Revised Code:	105086

(1) An order issued under section ~~5111.45~~5165.71, ~~5111.46~~	105087
5165.72, ~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	105088
terminating a nursing facility's participation in the ~~medical~~	105089
~~assistance~~medicaid program;	105090

(2) Appointment of a temporary manager of a facility under	105091
division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72, or	105092
division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code;	105093

(3) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	105094
5165.73, ~~5111.48~~5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of	105095
the Revised Code denying ~~payment~~medicaid payments to a facility	105096
~~under the medical assistance program~~ for all medicaid eligible	105097
residents admitted after the effective date of the order;	105098

(4) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	105099
5165.73, or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~	105100
medicaid payments to a facility ~~under the medical assistance~~	105101
~~program~~ for medicaid eligible residents admitted after the	105102
effective date of the order who have certain diagnoses or special	105103
care needs specified by the department or agency;	105104

(5) A fine imposed under section ~~5111.46~~5165.72, ~~5111.47~~	105105
5165.73, or ~~5111.48~~5165.74 of the Revised Code.	105106

(B) The department of ~~job and family services~~medicaid or	105107
contracting agency may do any of the following prior to or during	105108
the pendency of any proceeding under Chapter 119. of the Revised	105109
Code:	105110

(1) Issue and execute an order under section ~~5111.46~~5165.72,	105111
~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	105112
terminating a nursing facility's participation in the ~~medical~~	105113
~~assistance~~medicaid program;	105114

(2) Appoint a temporary manager under division (A)(1)(b) or	105115
(2)(b) of section ~~5111.46~~5165.72 or division (A)(1)(d) of section	105116
~~5111.51~~5165.77 of the Revised Code;	105117

(3) Issue and execute an order under section ~~5111.46~~5165.72,	105118
~~5111.47~~5165.73, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the	105119
Revised Code denying ~~payment~~medicaid payments to a facility for	105120
all medicaid eligible residents admitted after the effective date	105121
of the order;	105122

(4) Issue and execute an order under section ~~5111.46~~5165.72	105123
or ~~5111.47~~5165.73 or division (A), (B), or (C) of section	105124
~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	105125
payments to a facility for medicaid eligible residents admitted	105126
after the effective date of the order who have specified diagnoses	105127
or special care needs.	105128

(C) Whenever the department or agency imposes a remedy listed	105129
in division (B) of this section prior to or during the pendency of	105130
a proceeding, all of the following apply:	105131

(1) The provider against whom the action is taken shall have	105132
ten days after the date the facility actually receives the notice	105133
specified in section 119.07 of the Revised Code to request a	105134
hearing.	105135

(2) The hearing shall commence within thirty days after the	105136
date the department or agency receives the provider's request for	105137
a hearing.	105138

(3) The hearing shall continue uninterrupted from day to day,	105139
except for Saturdays, Sundays, and legal holidays, unless other	105140
interruptions are agreed to by the provider and the department or	105141
agency.	105142

(4) If the hearing is conducted by a hearing examiner, the	105143
hearing examiner shall file a report and recommendations within	105144
ten days after the close of the hearing.	105145

(5) The provider shall have five days after the date the	105146
hearing officer files the report and recommendations within which	105147
to file objections to the report and recommendations.	105148

(6) Not later than fifteen days after the date the hearing	105149
officer files the report and recommendations, the medicaid	105150
director ~~of job and family services~~ or the director of the	105151
contracting agency shall issue an order approving, modifying, or	105152
disapproving the report and recommendations of the hearing	105153
examiner.	105154

(D) If the department or agency imposes more than one remedy	105155
as the result of deficiencies cited in a single survey, the	105156
proceedings for all of the remedies shall be consolidated. If any	105157
of the remedies are imposed during the pendency of a hearing, as	105158
permitted by division (B) of this section, the consolidated	105159
hearing shall be conducted in accordance with division (C) of this	105160
section. The consolidation of the remedies for purposes of a	105161
hearing does not affect the effective dates prescribed in sections	105162
~~5111.35~~5165.60 to ~~5111.58~~5168.85 of the Revised Code.	105163

(E) If a contracting agency conducts administrative	105164
proceedings pertaining to remedies imposed under sections ~~5111.35~~	105165
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department of	105166
~~job and family services~~medicaid shall not be considered a party	105167
to the proceedings.	105168

~~Sec. 5111.61.~~ Sec. 5165.88. (A)(1) Except as required by court	105169
order, as necessary for the administration or enforcement of any	105170
statute relating to nursing facilities, or as provided in division	105171
(C) of this section, the department of ~~job and family services~~	105172
medicaid and any contracting agency shall not release any of the	105173
following information without the permission of the individual or	105174
the individual's legal representative:	105175

(a) The identity of any resident of a nursing facility;

105176

(b) The identity of any individual who submits a complaint	105177
about a nursing facility;	105178

(c) The identity of any individual who provides the	105179
department or agency with information about a nursing facility and	105180
has requested confidentiality;	105181

(d) Any information that reasonably would tend to disclose	105182
the identity of any individual described in division (A)(1)(a) to	105183
(c) of this section.	105184

(2) An agency or individual to whom the department or	105185
contracting agency is required, by court order or for the	105186
administration or enforcement of a statute relating to nursing	105187
facilities, to release information described in division (A)(1) of	105188
this section shall not release the information without the	105189
permission of the individual who would be or would reasonably tend	105190
to be identified, or of the individual's legal representative,	105191
unless the agency or individual is required to release it by	105192
division (C) of this section, by court order, or for the	105193
administration or enforcement of a statute relating to nursing	105194
facilities.	105195

(B) Except as provided in division (C) of this section, any	105196
record that identifies an individual described in division (A)(1)	105197
of this section or that reasonably would tend to identify such an	105198
individual is not a public record for the purposes of section	105199
149.43 of the Revised Code, and is not subject to inspection and	105200
copying under section 1347.08 of the Revised Code.	105201

(C) If the department or a contracting agency, or an agency	105202
or individual to whom the department or contracting agency was	105203
required by court order or for administration or enforcement of a	105204
statute relating to nursing facilities to release information	105205
described in division (A)(1) of this section, uses information in	105206
any administrative or judicial proceeding against a facility that	105207
reasonably would tend to identify an individual described in	105208
division (A)(1) of this section, the department, agency, or	105209
individual shall disclose that information to the facility.	105210
However, the department, agency, or individual shall not disclose	105211
information that directly identifies an individual described in	105212
divisions (A)(1)(a) to (c) of this section, unless the individual	105213
is to testify in the proceedings.	105214

(D) No person shall knowingly register a false complaint	105215
about a nursing facility with the department or a contracting	105216
agency, or knowingly swear or affirm the truth of a false	105217
complaint, when the allegation is made for the purpose of	105218
incriminating another.	105219

~~Sec. 5111.63.~~ Sec. 5165.89. ~~For the purposes of this section,~~	105220
~~"facility," "medicare," and "medicaid" have the same meanings as~~	105221
~~in section 3721.10 of the Revised Code.~~	105222

The department of health shall be the designee of the	105223
department of ~~job and family services~~medicaid for the purpose of	105224
conducting a hearing pursuant to section 3721.162 of the Revised	105225
Code concerning a nursing facility's decision to transfer or	105226
discharge a resident if the resident is a medicaid recipient or	105227
medicare beneficiary.	105228

~~Sec. 5111.99.~~ Sec. 5165.99. (A) Whoever violates ~~division (B) of~~	105229
section ~~5111.26~~5165.102 or division (E) of section ~~5111.31~~	105230
5165.08 of the Revised Code shall be fined not less than five	105231
hundred dollars nor more than one thousand dollars for the first	105232
offense and not less than one thousand dollars nor more than five	105233
thousand dollars for each subsequent offense. Fines paid under	105234
this section shall be deposited in the state treasury to the	105235
credit of the general revenue fund.	105236

(B) Whoever violates division (D) of section ~~5111.61~~5165.88	105237
of the Revised Code is guilty of registering a false complaint, a	105238
misdemeanor of the first degree.	105239

Sec. 5166.01. As used in this chapter:

105240

"Administrative agency" means, with respect to a home and	105241
community-based services medicaid waiver component, the department	105242
of medicaid or, if a state agency or political subdivision	105243
contracts with the department under section 5162.35 of the Revised	105244
Code to administer the component, that state agency or political	105245
subdivision.	105246

"Dual eligible individual" has the same meaning as in section	105247
5160.01 of the Revised Code.	105248

"Home and community-based services medicaid waiver component"	105249
means a medicaid waiver component under which home and	105250
community-based services are provided as an alternative to	105251
hospital services, nursing facility services, or ICF/MR services.	105252

"Hospital" has the same meaning as in section 3727.01 of the	105253
Revised Code.	105254

"Hospital long-term care unit" has the same meaning as in	105255
section 5168.40 of the Revised Code.	105256

"ICDS participant" means a dual eligible individual who	105257
participates in the integrated care delivery system.	105258

"ICF/MR" and "ICF/MR services" have the same meanings as in	105259
section 5124.01 of the Revised Code.	105260

"Integrated care delivery system" and "ICDS" mean the	105261
demonstration project authorized by section 5164.91 of the Revised	105262
Code.	105263

"Level of care determination" means a determination of	105264
whether an individual needs the level of care provided by a	105265
hospital, nursing facility, or ICF/MR and whether the individual,	105266
if determined to need that level of care, would receive hospital	105267
services, nursing facility services, or ICF/MR services if not for	105268
a home and community-based services medicaid waiver component.	105269

"Medicaid services" has the same meaning as in section	105270
5164.01 of the Revised Code.	105271

"Medicaid waiver component" means a component of the medicaid	105272
program authorized by a waiver granted by the United States	105273
department of health and human services under the "Social Security	105274
Act," section 1115 or 1915, 42 U.S.C. 1315 or 1396n. "Medicaid	105275
waiver component" does not include a care management system	105276
established under section 5167.03 of the Revised Code.	105277

"Nursing facility" and "nursing facility services" have the	105278
same meanings as in section 5165.01 of the Revised Code.	105279

"Ohio home care waiver program" means the home and	105280
community-based services medicaid waiver component that is known	105281
as Ohio home care and was created pursuant to section 5166.11 of	105282
the Revised Code.	105283

"Ohio transitions II aging carve-out program" means the home	105284
and community-based services medicaid waiver component that is	105285
known as Ohio transitions II aging carve-out and was created	105286
pursuant to section 5166.11 of the Revised Code.	105287

"Provider agreement" has the same meaning as in section	105288
5164.01 of the Revised Code.	105289

"Residential treatment facility" means a residential facility	105290
licensed by the department of mental health and addiction services	105291
under section 5119.34 of the Revised Code, or an institution	105292
certified by the department of job and family services under	105293
section 5103.03 of the Revised Code, that serves children and	105294
either has more than sixteen beds or is part of a campus of	105295
multiple facilities or institutions that, combined, have a total	105296
of more than sixteen beds.	105297

"Skilled nursing facility" has the same meaning as in section	105298
5165.01 of the Revised Code.	105299

"Unified long-term services and support medicaid waiver	105300
component" means the medicaid waiver component authorized by	105301
section 5166.14 of the Revised Code.	105302

~~Sec. 5111.85.~~ Sec. 5166.02. (A) ~~As used in this section and~~	105303
~~sections 5111.851 to 5111.856 of the Revised Code:~~	105304

~~"Home and community-based services medicaid waiver component"~~	105305
~~means a medicaid waiver component under which home and~~	105306
~~community-based services are provided as an alternative to~~	105307
~~hospital, nursing facility, or intermediate care facility for the~~	105308
~~mentally retarded services.~~	105309

~~"Hospital" has the same meaning as in section 3727.01 of the~~	105310
~~Revised Code.~~	105311

~~"Intermediate care facility for the mentally retarded" has~~	105312
~~the same meaning as in section 5111.20 of the Revised Code.~~	105313

~~"Medicaid waiver component" means a component of the medicaid~~	105314
~~program authorized by a waiver granted by the United States~~	105315
~~department of health and human services under section 1115 or 1915~~	105316
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	105317
~~1315 or 1396n. "Medicaid waiver component" does not include a care~~	105318
~~management system established under section 5111.16 of the Revised~~	105319
~~Code.~~	105320

~~"Nursing facility" has the same meaning as in section 5111.20~~	105321
~~of the Revised Code.~~	105322

~~(B)~~ The medicaid director ~~of job and family services may~~	105323
shall adopt rules ~~under~~in accordance with Chapter 119. of the	105324
Revised Code governing medicaid waiver components ~~that~~. The rules	105325
may establish all of the following:	105326

(1) Eligibility requirements for the medicaid waiver	105327
components;	105328

(2) The type, amount, duration, and scope of medicaid	105329
services the medicaid waiver components ~~provide~~cover;	105330

(3) The conditions under which the medicaid waiver components	105331
cover medicaid services;	105332

(4) The ~~amount~~amounts the medicaid waiver components pay for	105333
medicaid services or the ~~method~~methods by which the ~~amount is~~	105334
amounts are determined;	105335

(5) The ~~manner~~manners in which the medicaid waiver	105336
components pay for medicaid services;	105337

(6) Safeguards for the health and welfare of medicaid	105338
recipients receiving medicaid services under a medicaid waiver	105339
component;	105340

(7) Procedures for prioritizing and approving for enrollment	105341
individuals who are eligible for a home and community-based	105342
services medicaid waiver component and choose to be enrolled in	105343
the component;	105344

(8) Procedures for enforcing the rules, including	105345
establishing corrective action plans for, and imposing financial	105346
and administrative sanctions on, persons and government entities	105347
that violate the rules. Sanctions shall include terminating	105348
~~medicaid~~ provider agreements. The procedures shall include due	105349
process protections.	105350

(9) Other policies necessary for the efficient administration	105351
of the medicaid waiver components.	105352

~~(C)~~(B) The director ~~of job and family services~~ may adopt	105353
different rules for the different medicaid waiver components. The	105354
rules shall be consistent with the terms of the waiver authorizing	105355
the medicaid waiver component.	105356

~~(D)~~(C) The following apply to procedures established under	105357
division ~~(B)~~(A)(7) of this section:	105358

(1) Any such procedures established for the medicaid-funded	105359
component of the PASSPORT program shall be consistent with section	105360
~~173.401~~173.521 of the Revised Code.	105361

(2) Any such procedures established for the medicaid-funded	105362
component of the assisted living program shall be consistent with	105363
section 173.542 of the Revised Code.	105364

(3) Any such procedures established for the Ohio home care	105365
waiver program shall be consistent with section ~~5111.862~~5166.121	105366
of the Revised Code.	105367

~~(3)~~(4) Any such procedures established for the unified	105368
long-term services and support medicaid waiver program shall be	105369
consistent with section ~~5111.865~~5166.141 of the Revised Code.	105370

~~(4) Any such procedures established for the medicaid-funded~~	105371
~~component of the assisted living program shall be consistent with~~	105372
~~section 5111.894 of the Revised Code.~~	105373

~~Sec. 5111.84.~~ Sec. 5166.03. The medicaid director ~~of job and family~~	105374
~~services~~ may not submit a request to the United States secretary	105375
of health and human services for a medicaid waiver under ~~section~~	105376
~~1115 of~~ the "Social Security Act ~~of 1935~~," section 1115, 42 U.S.C.	105377
1315, unless the director provides the speaker of the house of	105378
representatives and president of the senate written notice of the	105379
director's intent to submit the request at least ten days before	105380
the date the director submits the request to the United States	105381
secretary. The notice shall include a detailed explanation of the	105382
medicaid waiver the director proposes to seek.	105383

~~Sec. 5111.851.~~ Sec. 5166.04. ~~(A) As used in sections 5111.851 to~~	105384
~~5111.855 of the Revised Code:~~	105385

~~"Administrative agency" means, with respect to a home and~~	105386
~~community-based services medicaid waiver component, the department~~	105387
of ~~job and family services~~ or, if a state agency or political	105388
subdivision contracts with the ~~department~~ under section 5111.91	105389
of the Revised Code to administer the component, that state agency	105390
or political subdivision.	105391

~~"Level of care determination" means a determination of~~	105392
~~whether an individual needs the level of care provided by a~~	105393
~~hospital, nursing facility, or intermediate care facility for the~~	105394
~~mentally retarded and whether the individual, if determined to~~	105395
~~need that level of care, would receive hospital, nursing facility,~~	105396
or ~~intermediate care facility for the mentally retarded~~ services	105397
if not for a home and community-based services medicaid waiver	105398
component.	105399

~~"Medicaid buy-in for workers with disabilities program" means~~	105400
~~the component of the medicaid program established under sections~~	105401
~~5111.70 to 5111.7011 of the Revised Code.~~	105402

~~"Skilled nursing facility" means a facility certified as a~~	105403
~~skilled nursing facility under Title XVIII of the "Social Security~~	105404
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.~~	105405

~~(B)~~ The following requirements apply to each home and	105406
community-based services medicaid waiver component:	105407

~~(1)~~(A) Only an individual who qualifies for a component shall	105408
receive that component's medicaid services.	105409

~~(2)~~(B) A level of care determination shall be made as part of	105410
the process of determining whether an individual qualifies for a	105411
component and shall be made each year after the initial	105412
determination if, during such a subsequent year, the	105413
administrative agency determines there is a reasonable indication	105414
that the individual's needs have changed.	105415

~~(3)~~(C) A written plan of care or individual service plan	105416
based on an individual assessment of the medicaid services that an	105417
individual needs to avoid needing admission to a hospital, nursing	105418
facility, or ~~intermediate care facility for the mentally retarded~~	105419
ICF/MR shall be created for each individual determined eligible	105420
for a component.	105421

~~(4)~~(D) Each individual determined eligible for a component	105422
shall receive that component's medicaid services in accordance	105423
with the individual's level of care determination and written plan	105424
of care or individual service plan.	105425

~~(5)~~(E) No individual may receive medicaid services under a	105426
component while the individual is a hospital inpatient or resident	105427
of a skilled nursing facility, nursing facility, or ~~intermediate~~	105428
~~care facility for the mentally retarded~~ICF/MR.	105429

~~(6)~~(F) No individual may receive prevocational, educational,	105430
or supported employment services under a component if the	105431
individual is eligible for such services that are funded with	105432
federal funds provided under 29 U.S.C. 730 or the "Individuals	105433
with Disabilities Education Act," 111 Stat. 37 (1997), 20 U.S.C.	105434
1400, as amended.	105435

~~(7)~~(G) Safeguards shall be taken to protect the health and	105436
welfare of individuals receiving medicaid services under a	105437
component, including safeguards established in rules adopted under	105438
section ~~5111.85~~5166.02 of the Revised Code and safeguards	105439
established by licensing and certification requirements that are	105440
applicable to the providers of that component's medicaid services.	105441

~~(8)~~(H) No medicaid services may be provided under a component	105442
by a provider that is subject to standards that the "Social	105443
Security Act," section 1616(e)(1), 42 U.S.C. 1382e(e)(1), requires	105444
be established if the provider fails to comply with the standards	105445
applicable to the provider.	105446

~~(9)~~(I) Individuals determined to be eligible for a component,	105447
or such individuals' representatives, shall be informed of that	105448
component's medicaid services, including any choices that the	105449
individual or representative may make regarding the component's	105450
medicaid services, and given the choice of either receiving	105451
medicaid services under that component or, as appropriate,	105452
hospital services, nursing facility services, or ~~intermediate care~~	105453
~~facility for the mentally retarded~~ICF/MR services.	105454

~~(10) No individual shall lose eligibility for services under~~	105455
~~a component, or have the services reduced or otherwise disrupted,~~	105456
~~on the basis that the individual also receives services under the~~	105457
~~medicaid buy-in for workers with disabilities program.~~	105458

~~(11) No individual shall lose eligibility for services under~~	105459
~~a component, or have the services reduced or otherwise disrupted,~~	105460
~~on the basis that the individual's income or resources increase to~~	105461
~~an amount above the eligibility limit for the component if the~~	105462
~~individual is participating in the medicaid buy-in for workers~~	105463
~~with disabilities program and the amount of the individual's~~	105464
~~income or resources does not exceed the eligibility limit for the~~	105465
~~medicaid buy-in for workers with disabilities program.~~	105466

~~(12) No individual receiving services under a component shall~~	105467
~~be required to pay any cost sharing expenses for the services for~~	105468
~~any period during which the individual also participates in the~~	105469
~~medicaid buy-in for workers with disabilities program.~~	105470

~~Sec. 5111.852.~~ Sec. 5166.05. The department of ~~job and family~~	105471
~~services~~medicaid may review and approve, modify, or deny written	105472
plans of care and individual service plans that section ~~5111.851~~	105473
5166.04 of the Revised Code requires be created for individuals	105474
determined eligible for a home and community-based services	105475
medicaid waiver component. If a state agency or political	105476
subdivision contracts with the department under section ~~5111.91~~	105477
5162.35 of the Revised Code to administer a home and	105478
community-based services medicaid waiver component and approves,	105479
modifies, or denies a written plan of care or individual service	105480
plan pursuant to the agency's or subdivision's administration of	105481
the component, the department may review the agency's or	105482
subdivision's approval, modification, or denial and order the	105483
agency or subdivision to reverse or modify the approval,	105484
modification, or denial. The state agency or political subdivision	105485
shall comply with the department's order.	105486

The department of ~~job and family services~~medicaid shall be	105487
granted full and immediate access to any records the department	105488
needs to implement its duties under this section.	105489

~~Sec. 5111.853.~~ Sec. 5166.06. Each administrative agency shall	105490
maintain, for a period of time the department of ~~job and family~~	105491
~~services~~medicaid shall specify, financial records documenting	105492
the costs of medicaid services provided under the home and	105493
community-based services medicaid waiver components that the	105494
agency administers, including records of independent audits. The	105495
administrative agency shall make the financial records available	105496
on request to the United States secretary of health and human	105497
services, United States comptroller general, and their designees.	105498

~~Sec. 5111.854.~~ Sec. 5166.07. Each administrative agency is	105499
financially accountable for funds expended for medicaid services	105500
~~provided under~~covered by the home and community-based services	105501
medicaid waiver components that the agency administers.	105502

~~Sec. 5111.855.~~ Sec. 5166.08. Each state agency and political	105503
subdivision that enters into a contract with the department of ~~job~~	105504
~~and family services~~medicaid under section ~~5111.91~~5162.35 of the	105505
Revised Code to administer a home and community-based services	105506
medicaid waiver component, or one or more aspects of such a	105507
component, shall provide the department a written assurance that	105508
the agency or subdivision will not violate any of the requirements	105509
of sections ~~5111.85~~5166.01 to ~~5111.854~~5166.07 of the Revised	105510
Code.	105511

~~Sec. 5111.856.~~ Sec. 5166.10. To the extent necessary for the	105512
efficient and economical administration of medicaid waiver	105513
components, the department of ~~job and family services~~medicaid may	105514
transfer an individual enrolled in a medicaid waiver component	105515
administered by the department to another medicaid waiver	105516
component the department administers if the individual is eligible	105517
for the medicaid waiver component and the transfer does not	105518
jeopardize the individual's health or safety.	105519

~~Sec. 5111.86.~~ Sec. 5166.11. (A) As used in this section:

105520

~~(1) "Hospital" has the same meaning as in section 3727.01 of~~	105521
~~the Revised Code.~~	105522

~~(2) "Medicaid waiver component" has the same meaning as in~~	105523
~~section 5111.85 of the Revised Code.~~	105524

~~(3) "Nursing facility" has the same meaning as in section~~	105525
~~5111.20 of the Revised Code.~~	105526

~~(4)~~, "Ohio home care program" means the program the	105527
department of ~~job and family services~~medicaid administers that	105528
provides state plan services and medicaid waiver component	105529
services pursuant to rules adopted ~~under sections 5111.01 and~~	105530
~~5111.02 of the Revised Code~~for the medicaid program and a	105531
medicaid waiver that went into effect July 1, 1998.	105532

(B) The ~~director~~department of ~~job and family services~~	105533
medicaid may ~~submit requests to the United States secretary of~~	105534
~~health and human services pursuant to section 1915 of the "Social~~	105535
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended,~~	105536
~~to obtain waivers of federal medicaid requirements that would~~	105537
~~otherwise be violated in the creation and implementation of~~create	105538
and administer two or more medicaid waiver components under which	105539
home and community-based services are provided to eligible	105540
individuals who need the level of care provided by a nursing	105541
facility or hospital. In administering the ~~requests~~medicaid	105542
waiver components, the ~~director~~department may specify the	105543
following:	105544

(1) The maximum number of individuals who may be enrolled in	105545
each of the medicaid waiver components ~~included in the requests~~;	105546

(2) The maximum amount the medicaid program may expend each	105547
year for each individual enrolled in the medicaid waiver	105548
components;	105549

(3) The maximum amount the medicaid program may expend each	105550
year for all individuals enrolled in the medicaid waiver	105551
components;	105552

(4) Any other requirements the ~~director~~department selects	105553
for the medicaid waiver components.	105554

(C) ~~If the secretary approves the medicaid waivers requested~~	105555
~~under this section, the director may create and implement the~~	105556
~~medicaid waiver components in accordance with the provisions of~~	105557
~~the approved waivers. The department of job and family services~~	105558
~~shall administer the medicaid waiver components.~~	105559

(D) After the first of any of the medicaid waiver components	105560
~~created~~that the department administers under this section begins	105561
to enroll eligible individuals, the ~~director~~department may	105562
~~submit to the United States secretary of health and human services~~	105563
~~an amendment to a medicaid waiver component of the Ohio home care~~	105564
~~program authorizing the department to~~ cease ~~enrolling~~to enroll	105565
additional individuals in ~~that~~a medicaid waiver component of the	105566
Ohio home care program. ~~If the secretary approves the amendment,~~	105567
~~the director may cease to enroll additional individuals in that~~	105568
~~medicaid waiver component of the Ohio home care program.~~	105569

~~Sec. 5111.861.~~ Sec. 5166.12. (~~A) As used in this section:~~

105570

~~"Medicaid waiver component" has the same meaning as in~~	105571
~~section 5111.85 of the Revised Code.~~	105572

~~"Unified long-term services and support medicaid waiver~~	105573
~~component" means the medicaid waiver component authorized by~~	105574
~~section 5111.864 of the Revised Code.~~	105575

~~(B) Subject to division (C) of this section, there is hereby~~	105576
~~created the Ohio home care program. The program shall provide home~~	105577
~~and community-based services. The department of job and family~~	105578
~~services medicaid shall administer the program.~~	105579

~~(C)~~ If the unified long-term services and support medicaid	105580
waiver component is created, the departments of aging and ~~job and~~	105581
~~family services~~medicaid shall ~~work together~~collaborate to	105582
determine whether the Ohio home care waiver program should	105583
continue to operate as a separate medicaid waiver component or be	105584
terminated. If the departments determine that the Ohio home care	105585
waiver program should be terminated, the program shall cease to	105586
exist on a date the departments shall specify.	105587

~~Sec. 5111.862.~~ Sec. 5166.121. (A) ~~As used in this section:~~

105588

~~"Hospital long-term care unit" has the same meaning as in~~	105589
~~section 3721.50 of the Revised Code.~~	105590

~~"Nursing facility" has the same meaning as in section 5111.20~~	105591
~~of the Revised Code.~~	105592

~~"Ohio home care program" means the medicaid waiver component~~	105593
~~created under section 5111.861 of the Revised Code.~~	105594

~~"Residential treatment facility" means a residential facility~~	105595
~~licensed by the department of mental health under section 5119.22~~	105596
~~of the Revised Code, or an institution certified by the department~~	105597
~~of job and family services under section 5103.03 of the Revised~~	105598
~~Code, that serves children and either has more than sixteen beds~~	105599
~~or is part of a campus of multiple facilities or institutions~~	105600
~~that, combined, have a total of more than sixteen beds.~~	105601

~~(B) Subject to division (C) of~~Unless the Ohio home care	105602
waiver program is terminated pursuant to section ~~5111.861~~5165.12	105603
of the Revised Code, the department of ~~job and family services~~	105604
medicaid shall establish a home first component for the Ohio home	105605
care waiver program. An individual is eligible for the Ohio home	105606
care waiver program's home first component if the individual has	105607
been determined to be eligible for the Ohio home care waiver	105608
program and at least one of the following applies:	105609

(1) If the individual is under twenty-one years of age, the	105610
individual received inpatient hospital services for at least	105611
fourteen consecutive days, or had at least three inpatient	105612
hospital stays during the twelve months, immediately preceding the	105613
date the individual applies for the Ohio home care waiver program.	105614

(2) If the individual is at least twenty-one but less than	105615
sixty years of age, the individual received inpatient hospital	105616
services for at least fourteen consecutive days immediately	105617
preceding the date the individual applies for the Ohio home care	105618
waiver program.	105619

(3) The individual received private duty nursing services	105620
under the medicaid program for at least twelve consecutive months	105621
immediately preceding the date the individual applies for the Ohio	105622
home care waiver program.	105623

(4) The individual does not reside in a nursing facility or	105624
hospital long-term care unit at the time the individual applies	105625
for the Ohio home care waiver program but is at risk of imminent	105626
admission to a nursing facility or hospital long-term care unit	105627
due to a documented loss of a primary caregiver.	105628

(5) The individual resides in a nursing facility at the time	105629
the individual applies for the Ohio home care waiver program.	105630

(6) At the time the individual applies for the Ohio home care	105631
waiver program, the individual participates in the money follows	105632
the person demonstration project authorized by section 6071 of the	105633
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	105634
and either resides in a residential treatment facility or	105635
inpatient hospital setting.	105636

~~(C)~~(B) An individual determined to be eligible for the home	105637
first component of the Ohio home care waiver program shall be	105638
enrolled in the ~~Ohio home care~~ program in accordance with rules	105639
adopted under section ~~5111.85~~5166.02 of the Revised Code.	105640

~~Sec. 5111.863.~~ Sec. 5166.13. ~~(A) As used in this section:~~

105641

~~"Medicaid waiver component" has the same meaning as in~~	105642
~~section 5111.85 of the Revised Code.~~	105643

~~"Unified long-term services and support medicaid waiver~~	105644
~~component" means the medicaid waiver component authorized by~~	105645
~~section 5111.864 of the Revised Code.~~	105646

~~(B) Subject to division (C) of this section, there is hereby~~	105647
~~created the Ohio transitions II aging carve-out program. The~~	105648
~~program shall provide home and community-based services. The~~	105649
~~department of job and family services shall administer the~~	105650
~~program.~~	105651

~~(C)~~ If the unified long-term services and support medicaid	105652
waiver component is created, the departments of aging and ~~job and~~	105653
~~family services~~medicaid shall ~~work together~~collaborate to	105654
determine whether the Ohio transitions II aging carve-out program	105655
should continue to operate as a separate medicaid waiver component	105656
or be terminated. If the departments determine that the Ohio	105657
transitions II aging carve-out program should be terminated, the	105658
program shall cease to exist on a date the departments shall	105659
specify.	105660

~~Sec. 5111.864.~~ Sec. 5166.14. ~~(A) As used in this section:~~

105661

~~"Medicaid waiver component" has the same meaning as in~~	105662
~~section 5111.85 of the Revised Code.~~	105663

~~"Nursing facility" has the same meaning as in section 5111.20~~	105664
~~of the Revised Code.~~	105665

~~(B)~~ The ~~director~~department of ~~job and family services~~	105666
medicaid shall ~~submit a request to the United States secretary of~~	105667
~~health and human services pursuant to section 1915n of the "Social~~	105668
~~Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended,~~	105669
~~to obtain approval to~~ create a unified long-term services and	105670
support medicaid waiver component to provide home and	105671
community-based services to eligible individuals of any age who	105672
require the level of care provided by nursing facilities. The	105673
~~director~~department of ~~job and family services~~medicaid shall ~~work~~	105674
collaborate with the ~~director~~department of aging in ~~seeking~~	105675
~~approval of the unified long-term services and support medicaid~~	105676
~~waiver component and, if the approval is obtained, in~~ creating and	105677
implementing the component.	105678

~~If the request to create the unified long-term services and~~	105679
~~support medicaid waiver component is approved, the~~The medicaid	105680
director ~~of job and family services, working~~shall collaborate	105681
with the director of aging~~, shall adopt~~when adopting rules under	105682
section ~~5111.85~~5166.02 of the Revised Code to implement the	105683
component. ~~The rules may authorize the director of aging to adopt~~	105684
~~rules in accordance with Chapter 119. of the Revised Code~~	105685
~~governing aspects of the unified long-term services and support~~	105686
~~medicaid waiver component.~~	105687

~~Sec. 5111.865.~~ Sec. 5166.141. ~~(A) As used in this section,~~	105688
~~"unified long-term services and support medicaid waiver program"~~	105689
~~or "program" means the medicaid waiver component authorized by~~	105690
~~section 5111.864 of the Revised Code.~~	105691

~~(B) If the United States secretary of health and human~~	105692
~~services approves the request submitted under section 5111.864 of~~	105693
~~the Revised Code to create the unified long-term services and~~	105694
~~support medicaid waiver program, the~~The department of ~~job and~~	105695
~~family services~~medicaid shall establish a home first component	105696
for the unified long-term services and support medicaid waiver	105697
program. The home first component shall be similar to the home	105698
first component of the medicaid-funded component of the PASSPORT	105699
program established under section ~~173.401~~173.521 of the Revised	105700
Code, ~~the home first component of the Ohio home care program~~	105701
~~established under section 5111.862 of the Revised Code, and~~ the	105702
home first component of the medicaid-funded component of the	105703
assisted living program established under section ~~5111.894~~173.542	105704
of the Revised Code, and the home first component of the Ohio home	105705
care waiver program established under section 5166.121 of the	105706
Revised Code.	105707

Sec. 5166.16. (A) As used in this section, "ODA or MCD	105708
medicaid waiver component" means all of the following:	105709

(1) The medicaid-funded component of the PASSPORT program,	105710
unless it is terminated pursuant to division (C) of section 173.52	105711
of the Revised Code;	105712

(2) The choices program, unless it is terminated pursuant to	105713
division (B) of section 173.53 of the Revised Code;	105714

(3) The medicaid-funded component of the assisted living	105715
program, unless it is terminated pursuant to division (C) of	105716
section 173.54 of the Revised Code;	105717

(4) The Ohio home care waiver program, unless it is	105718
terminated pursuant to section 5166.12 of the Revised Code;	105719

(5) The Ohio transitions II aging carve-out program, unless	105720
it is terminated pursuant to section 5166.13 of the Revised Code.	105721

(B) The medicaid director may create a home and	105722
community-based services medicaid waiver component as part of the	105723
integrated care delivery system. If the ICDS medicaid waiver	105724
component is created, both of the following apply:	105725

(1) The department of medicaid shall administer it;

105726

(2) When it begins to accept enrollments, no ICDS participant	105727
who is eligible for the ICDS medicaid waiver component shall be	105728
enrolled in an ODA or MCD medicaid waiver component regardless of	105729
whether the participant prefers to remain or be enrolled in an ODA	105730
or MCD medicaid waiver component.	105731

(C) A dual eligible individual who is eligible for an ODA or	105732
MCD medicaid waiver component may enroll in the component before	105733
the individual becomes an ICDS participant. The dual eligible	105734
individual shall disenroll from the ODA or MCD medicaid waiver	105735
component and enroll in the ICDS medicaid waiver component once	105736
the individual becomes an ICDS participant and it is possible to	105737
enroll the individual in the ICDS medicaid waiver component. The	105738
disenrollment from the ODA or MCD medicaid waiver component and	105739
enrollment into the ICDS medicaid waiver component shall occur	105740
regardless of whether the individual prefers to remain enrolled in	105741
the ODA or MCD medicaid waiver component.	105742

(D) An ICDS participant's disenrollment from an ODA or MCD	105743
medicaid waiver component and enrollment in the ICDS medicaid	105744
waiver component resulting from division (B)(2) or (C) of this	105745
section shall be accomplished without a disruption in the	105746
participant's services under the components.	105747

~~Sec. 5111.87.~~ Sec. 5166.20. (A) ~~As used in this section and section~~	105748
~~5111.871 of the Revised Code:~~	105749

~~(1) "Intermediate care facility for the mentally retarded"~~	105750
~~has the same meaning as in section 5111.20 of the Revised Code.~~	105751

~~(2) "Medicaid waiver component" has the same meaning as in~~	105752
~~section 5111.85 of the Revised Code.~~	105753

~~(B)~~ The ~~director~~department of ~~job and family services~~	105754
medicaid may ~~apply to the United States secretary of health and~~	105755
~~human services for both of~~create the following:	105756

(1) One or more medicaid waiver components under which home	105757
and community-based services are provided to individuals with	105758
mental retardation or other developmental disability as an	105759
alternative to placement in ~~an intermediate care facility for the~~	105760
~~mentally retarded~~ICFs/MR;	105761

(2) One or more medicaid waiver components under which home	105762
and community-based services are provided in the form of any of	105763
the following:	105764

(a) Early intervention and supportive services for children	105765
under three years of age who have developmental delays or	105766
disabilities the ~~director~~department determines are significant;	105767

(b) Therapeutic services for children who have autism;

105768

(c) Specialized habilitative services for individuals who are	105769
eighteen years of age or older and have autism.	105770

~~(C)~~(B) No medicaid waiver component ~~authorized by~~created	105771
pursuant to division ~~(B)~~(A)(2)(b) or (c) of this section shall	105772
provide services that are available under another medicaid waiver	105773
component. No medicaid waiver component ~~authorized by~~created	105774
pursuant to division ~~(B)~~(A)(2)(b) of this section shall provide	105775
services to an individual that the individual is eligible to	105776
receive through an individualized education program as defined in	105777
section 3323.01 of the Revised Code.	105778

~~(D)~~(C) The director of developmental disabilities orand	105779
director of health may request that the ~~director~~department of ~~job~~	105780
~~and family services apply for~~medicaid create one or more medicaid	105781
~~waivers~~waiver components under this section.	105782

~~(E)~~(D) Before ~~applying for~~creating a medicaid waiver	105783
component under this section, the ~~director~~department of ~~job and~~	105784
~~family services~~medicaid shall seek, accept, and consider public	105785
comments.	105786

~~Sec. 5111.871.~~ Sec. 5166.21. The department of ~~job and family~~	105787
~~services~~medicaid shall enter into a contract with the department	105788
of developmental disabilities under section ~~5111.91~~5162.35 of the	105789
Revised Code with regard to one or more of the medicaid waiver	105790
components ~~established~~created by the department of ~~job and~~	105791
~~family services~~medicaid under section ~~5111.87~~5166.20 of the	105792
Revised Code. ~~Subject, if needed, to the approval of the United~~	105793
~~States secretary of health and human services, the~~The contract	105794
shall include the medicaid waiver component known as the	105795
transitions developmental disabilities waiver. The contract shall	105796
provide for the department of developmental disabilities to	105797
administer the components in accordance with the terms of the	105798
federal medicaid waivers authorizing the components. The contract	105799
shall include a schedule for the department of developmental	105800
disabilities to begin administering the transitions developmental	105801
disabilities waiver. ~~The directors of job and family services and~~	105802
~~developmental disabilities shall adopt rules in accordance with~~	105803
~~Chapter 119. of the Revised Code governing the components.~~	105804

If the department of developmental disabilities or the	105805
department of ~~job and family services~~medicaid denies an	105806
individual's application for home and community-based services	105807
provided under any of these medicaid components, the department	105808
that denied the services shall give timely notice to the	105809
individual that the individual may ~~request a hearing under~~appeal	105810
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	105811

The departments of developmental disabilities and ~~job and~~	105812
~~family services~~medicaid may approve, reduce, deny, or terminate a	105813
medicaid service included in the individualized service plan	105814
developed for a medicaid recipient eligible for home and	105815
community-based services provided under any of these medicaid	105816
components. The departments shall consider the recommendations a	105817
county board of developmental disabilities makes under division	105818
(A)(1)(c) of section 5126.055 of the Revised Code. If either	105819
department approves, reduces, denies, or terminates a medicaid	105820
service, that department shall give timely notice to the medicaid	105821
recipient that the recipient may ~~request a hearing under~~appeal	105822
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	105823

If supported living, as defined in section 5126.01 of the	105824
Revised Code, is to be provided as a medicaid service under any of	105825
these components, any person or government entity with a current,	105826
valid ~~medicaid~~ provider agreement and a current, valid	105827
certificate under section 5123.161 of the Revised Code may provide	105828
the medicaid service.	105829

If a medicaid service is to be provided under any of these	105830
components by a residential facility, as defined in section	105831
5123.19 of the Revised Code, any person or government entity with	105832
a current, valid ~~medicaid~~ provider agreement and a current, valid	105833
license under section 5123.19 of the Revised Code may provide the	105834
medicaid service.	105835

~~Sec. 5111.872.~~ Sec. 5166.22. (A) Subject to division (B) of this	105836
section, when the department of developmental disabilities	105837
allocates enrollment numbers to a county board of developmental	105838
disabilities for home and community-based services specified in	105839
division ~~(B)~~(A)(1) of section ~~5111.87~~5166.20 of the Revised Code	105840
and provided under any of the medicaid waiver components that the	105841
department administers under section ~~5111.871~~5166.21 of the	105842
Revised Code, the department shall consider all of the following:	105843

(1) The number of individuals with mental retardation or	105844
other developmental disability who are on a waiting list the	105845
county board establishes under section 5126.042 of the Revised	105846
Code for those services and are given priority on the waiting	105847
list;	105848

(2) The implementation component required by division (A)(3)	105849
of section 5126.054 of the Revised Code of the county board's plan	105850
approved under section 5123.046 of the Revised Code;	105851

(3) Anything else the department considers necessary to	105852
enable county boards to provide those services to individuals in	105853
accordance with the priority requirements for waiting lists	105854
established under section 5126.042 of the Revised Code for those	105855
services.	105856

(B) Division (A) of this section applies to home and	105857
community-based services provided under the medicaid waiver	105858
component known as the transitions developmental disabilities	105859
waiver only to the extent, if any, provided by the contract	105860
required by section ~~5111.871~~5166.21 of the Revised Code regarding	105861
the ~~waiver~~component.	105862

~~Sec. 5111.873.~~ Sec. 5166.23. (A) Subject to division (D) of this	105863
section, the medicaid director ~~of job and family services~~ shall	105864
adopt rules ~~in accordance with Chapter 119.~~under section 5166.02	105865
of the Revised Code establishing the ~~amount of reimbursement~~	105866
payment amounts or the methods by which the payment amounts of	105867
~~reimbursement~~ are to be determined for home and community-based	105868
services specified in division ~~(B)~~(A)(1) of section ~~5111.87~~	105869
5166.20 of the Revised Code and provided under the components of	105870
the medicaid program that the department of developmental	105871
disabilities administers under section ~~5111.871~~5166.21 of the	105872
Revised Code. With respect to these rules, all of the following	105873
apply:	105874

(1) The rules shall establish procedures for the department	105875
of developmental disabilities to follow in arranging for the	105876
initial and ongoing collection of cost information from a	105877
comprehensive, statistically valid sample of persons and	105878
government entities providing the services at the time the	105879
information is obtained.	105880

(2) The rules shall establish procedures for the collection	105881
of consumer-specific information through an assessment instrument	105882
the department of developmental disabilities shall provide to the	105883
department of ~~job and family services~~medicaid.	105884

(3) With the information collected pursuant to divisions	105885
(A)(1) and (2) of this section, an analysis of that information,	105886
and other information the director determines relevant, the rules	105887
shall establish ~~reimbursement~~payment standards that do all of the	105888
following:	105889

(a) Assure that ~~reimbursement is~~payment amounts are	105890
consistent with efficiency, economy, and quality of care;	105891

(b) Consider the intensity of consumer resource need;

105892

(c) Recognize variations in different geographic areas	105893
regarding the resources necessary to assure the health and welfare	105894
of consumers;	105895

(d) Recognize variations in environmental supports available	105896
to consumers.	105897

(B) As part of the process of adopting rules ~~under~~authorized	105898
by this section, the director shall consult with the director of	105899
developmental disabilities, representatives of county boards of	105900
developmental disabilities, persons who provide the home and	105901
community-based services, and other persons and government	105902
entities the director identifies.	105903

(C) The ~~directors of job and family services~~medicaid	105904
director and director of developmental disabilities shall review	105905
the rules ~~adopted under~~authorized by this section at times they	105906
determine are necessary to ensure that the ~~amount of reimbursement~~	105907
payment amounts or the methods by which the payment amounts of	105908
~~reimbursement~~ are to be determined continue to meet the	105909
~~reimbursement~~payment standards established under division (A)(3)	105910
of this section.	105911

(D) This section applies to home and community-based services	105912
provided under the medicaid waiver component known as the	105913
transitions developmental disabilities waiver only to the extent,	105914
if any, provided by the contract required by section ~~5111.871~~	105915
5166.21 of the Revised Code regarding the ~~waiver~~component.	105916

~~Sec. 5111.88.~~ Sec. 5166.30. (A) As used in sections ~~5111.88~~	105917
5166.30 to ~~5111.8811~~5166.3010 of the Revised Code:	105918

(1) "Adult" means an individual at least eighteen years of	105919
age.	105920

(2) "Appropriate director" means the following:

105921

(a) The medicaid director in the context of all of the	105922
following:	105923

(i) The Ohio home care waiver program, unless it is	105924
terminated pursuant to section 5166.12 of the Revised Code;	105925

(ii) The Ohio transitions II aging carve-out program, unless	105926
it is terminated pursuant to section 5166.13 of the Revised Code;	105927

(iii) The integrated care delivery system medicaid waiver	105928
component authorized by section 5166.16 of the Revised Code.	105929

(b) The director of aging in the context of the	105930
medicaid-funded component of the PASSPORT program, unless it is	105931
terminated pursuant to division (C) of section 173.52 of the	105932
Revised Code.	105933

(3) "Authorized representative" means the following:

105934

(a) In the case of a consumer who is a minor, the consumer's	105935
parent, custodian, or guardian;	105936

(b) In the case of a consumer who is an adult, an individual	105937
selected by the consumer pursuant to section ~~5111.8810~~5166.3010	105938
of the Revised Code to act on the consumer's behalf for purposes	105939
regarding home care attendant services.	105940

~~(3)~~(4) "Authorizing health care professional" means a health	105941
care professional who, pursuant to section ~~5111.887~~5166.307 of	105942
the Revised Code, authorizes a home care attendant to assist a	105943
consumer with self-administration of medication, nursing tasks, or	105944
both.	105945

~~(4)~~(5) "Consumer" means an individual to whom all of the	105946
following apply:	105947

(a) The individual is enrolled in a participating medicaid	105948
waiver component.	105949

(b) The individual has a medically determinable physical	105950
impairment to which both of the following apply:	105951

(i) It is expected to last for a continuous period of not	105952
less than twelve months.	105953

(ii) It causes the individual to require assistance with	105954
activities of daily living, self-care, and mobility, including	105955
either assistance with self-administration of medication or the	105956
performance of nursing tasks, or both.	105957

(c) In the case of an individual who is an adult, the	105958
individual is mentally alert and is, or has an authorized	105959
representative who is, capable of selecting, directing the actions	105960
of, and dismissing a home care attendant.	105961

(d) In the case of an individual who is a minor, the	105962
individual has an authorized representative who is capable of	105963
selecting, directing the actions of, and dismissing a home care	105964
attendant.	105965

~~(5)~~(6) "Controlled substance" has the same meaning as in	105966
section 3719.01 of the Revised Code.	105967

~~(6)~~(7) "Custodian" has the same meaning as in section	105968
2151.011 of the Revised Code.	105969

~~(7)~~(8) "Gastrostomy tube" means a percutaneously inserted	105970
catheter that terminates in the stomach.	105971

~~(8)~~(9) "Guardian" has the same meaning as in section 2111.01	105972
of the Revised Code.	105973

~~(9)~~(10) "Health care professional" means a physician or	105974
registered nurse.	105975

~~(10)~~(11) "Home care attendant" means an individual holding a	105976
valid ~~medicaid~~ provider agreement in accordance with section	105977
~~5111.881~~5166.301 of the Revised Code that authorizes the	105978
individual to provide home care attendant services to consumers.	105979

~~(11)~~(12) "Home care attendant services" means all of the	105980
following as provided by a home care attendant:	105981

(a) Personal care aide services;

105982

(b) Assistance with the self-administration of medication;

105983

105984

~~(12)~~(13) "Jejunostomy tube" means a percutaneously inserted	105985
catheter that terminates in the jejunum.	105986

~~(13) "Medicaid waiver component" has the same meaning as in~~	105987
~~section 5111.85 of the Revised Code.~~	105988

(14) "Medication" means a drug as defined in section 4729.01	105989
of the Revised Code.	105990

(15) "Minor" means an individual under eighteen years of age.

105991

(16) "Participating medicaid waiver component" means ~~both~~	105992
all of the following:	105993

(a) The medicaid-funded component of the PASSPORT program,	105994
unless it is terminated pursuant to division (C) of section 173.52	105995
of the Revised Code;	105996

(b) The Ohio home care waiver program ~~created under~~, unless	105997
it is terminated pursuant to section ~~5111.861~~5166.12 of the	105998
Revised Code;	105999

~~(b)~~(c) The Ohio transitions II aging carve-out program	106000
~~created under~~, unless it is terminated pursuant to section	106001
~~5111.863~~5166.13 of the Revised Code;	106002

(d) The integrated care delivery system medicaid waiver	106003
component authorized by section 5166.16 of the Revised Code.	106004

(17) "Physician" means an individual authorized under Chapter	106005
4731. of the Revised Code to practice medicine and surgery or	106006
osteopathic medicine and surgery.	106007

(18) "Practice of nursing as a registered nurse," "practice	106008
of nursing as a licensed practical nurse," and "registered nurse"	106009
have the same meanings as in section 4723.01 of the Revised Code.	106010
"Registered nurse" includes an advanced practice registered nurse,	106011
as defined in section 4723.01 of the Revised Code.	106012

(19) "Schedule II," "schedule III," "schedule IV," and	106013
"schedule V" have the same meanings as in section 3719.01 of the	106014
Revised Code.	106015

(B) ~~The director of job and family services may submit~~	106016
~~requests to the United States secretary of health and human~~	106017
~~services to amend the federal medicaid waivers authorizing the~~	106018
~~participating~~Participating medicaid waiver components ~~to have~~	106019
~~those components~~may cover home care attendant services in	106020
accordance with sections ~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 of	106021
the Revised Code and rules adopted under section ~~5111.8811~~5166.02	106022
of the Revised Code. ~~Notwithstanding sections 5111.881 to~~	106023
~~5111.8811 of the Revised Code, those sections shall be implemented~~	106024
~~regarding a participating medicaid waiver component only if the~~	106025
~~secretary approves a waiver amendment for the component.~~	106026

~~Sec. 5111.881.~~ Sec. 5166.301. The medicaid director ~~of job and~~	106027
~~family services~~ shall enter into a ~~medicaid~~ provider agreement	106028
with an individual to authorize the individual to provide home	106029
care attendant services to consumers if the individual does both	106030
of the following:	106031

(A) Agrees to comply with the requirements of sections	106032
~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 and rules adopted under	106033
section ~~5111.8811~~5166.02 of the Revised Code;	106034

(B) Provides the director evidence satisfactory to the	106035
director of all of the following:	106036

(1) That the individual either meets the personnel	106037
qualifications specified in 42 C.F.R. 484.4 for home health aides	106038
or has successfully completed at least one of the following:	106039

(a) A competency evaluation program or training and	106040
competency evaluation program approved or conducted by the	106041
director of health under section 3721.31 of the Revised Code;	106042

(b) A training program approved by the ~~department of job and~~	106043
~~family services~~appropriate director that includes training in at	106044
least all of the following and provides training equivalent to a	106045
training and competency evaluation program specified in division	106046
(B)(1)(a) of this section or meets the requirements of 42 C.F.R.	106047
484.36(a):	106048

(i) Basic home safety;

106049

(ii) Universal precautions for the prevention of disease	106050
transmission, including hand-washing and proper disposal of bodily	106051
waste and medical instruments that are sharp or may produce sharp	106052
pieces if broken;	106053

(iii) Personal care aide services;

106054

(iv) The labeling, counting, and storage requirements for	106055
schedule II, III, IV, and V medications.	106056

(2) That the individual has obtained a certificate of	106057
completion of a course in first aid from a first aid course to	106058
which all of the following apply:	106059

(a) It is not provided solely through the internet.

106060

(b) It includes hands-on training provided by a first aid	106061
instructor who is qualified to provide such training according to	106062
standards set in rules adopted under section ~~5111.8811~~5166.02 of	106063
the Revised Code.	106064

(c) It requires the individual to demonstrate successfully	106065
that the individual has learned the first aid taught in the	106066
course.	106067

(3) That the individual meets any other requirements for the	106068
medicaid provider agreement specified in rules adopted under	106069
section ~~5111.8811~~5166.02 of the Revised Code.	106070

~~Sec. 5111.882.~~ Sec. 5166.302. A home care attendant shall complete	106071
not less than twelve hours of in-service continuing education	106072
regarding home care attendant services each year and provide the	106073
appropriate director ~~of job and family services~~ evidence	106074
satisfactory to the appropriate director that the attendant	106075
satisfied this requirement. The evidence shall be submitted to the	106076
appropriate director not later than the annual anniversary of the	106077
issuance of the home care attendant's initial ~~medicaid~~ provider	106078
agreement.	106079

~~Sec. 5111.883.~~ Sec. 5166.303. A home care attendant shall do all	106080
of the following:	106081

(A) Maintain a clinical record for each consumer to whom the	106082
attendant provides home care attendant services in a manner that	106083
protects the consumer's privacy;	106084

(B) Participate in a face-to-face visit every ninety days	106085
with all of the following to monitor the health and welfare of	106086
each of the consumers to whom the attendant provides home care	106087
attendant services:	106088

(1) The consumer;

106089

(2) The consumer's authorized representative, if any;

106090

(3) A registered nurse who agrees to answer any questions	106091
that the attendant, consumer, or authorized representative has	106092
about consumer care needs, medications, and other issues.	106093

(C) Document the activities of each visit required by	106094
division (B) of this section in the consumer's clinical record	106095
with the assistance of the registered nurse.	106096

~~Sec. 5111.884.~~ Sec. 5166.304. (A) A home care attendant may assist	106097
a consumer with nursing tasks or self-administration of medication	106098
only after the attendant does both of the following:	106099

(1) Subject to division (B) of this section, completes	106100
consumer-specific training in how to provide the assistance that	106101
the authorizing health care professional authorizes the attendant	106102
to provide to the consumer;	106103

(2) At the request of the consumer, consumer's authorized	106104
representative, or authorizing health care professional,	106105
successfully demonstrates that the attendant has learned how to	106106
provide the authorized assistance to the consumer.	106107

(B) The training required by division (A)(1) of this section	106108
shall be provided by either of the following:	106109

(1) The authorizing health care professional;

106110

(2) The consumer or consumer's authorized representative in	106111
cooperation with the authorizing health care professional.	106112

~~Sec. 5111.885.~~ Sec. 5166.305. A home care attendant shall comply	106113
with both of the following when assisting a consumer with nursing	106114
tasks or self-administration of medication:	106115

(A) The written consent of the consumer or consumer's	106116
authorized representative provided to the appropriate director of	106117
~~job and family services~~ under section ~~5111.886~~5166.306 of the	106118
Revised Code;	106119

(B) The authorizing health care professional's written	106120
authorization provided to the appropriate director under section	106121
~~5111.887~~5166.307 of the Revised Code.	106122

~~Sec. 5111.886.~~ Sec. 5166.306. To consent to a home care attendant	106123
assisting a consumer with nursing tasks or self-administration of	106124
medication, the consumer or consumer's authorized representative	106125
shall provide the appropriate director ~~of job and family services~~	106126
a written statement signed by the consumer or authorized	106127
representative under which the consumer or authorized	106128
representative consents to both of the following:	106129

(A) Having the attendant assist the consumer with nursing	106130
tasks or self-administration of medication;	106131

(B) Assuming responsibility for directing the attendant when	106132
the attendant assists the consumer with nursing tasks or	106133
self-administration of medication.	106134

~~Sec. 5111.887.~~ Sec. 5166.307. To authorize a home care attendant	106135
to assist a consumer with nursing tasks or self-administration of	106136
medication, a health care professional shall provide the	106137
appropriate director ~~of job and family services~~ a written	106138
statement signed by the health care professional that includes all	106139
of the following:	106140

(A) The consumer's name and address;

106141

(B) A description of the nursing tasks or self-administration	106142
of medication with which the attendant is to assist the consumer,	106143
including, in the case of assistance with self-administration of	106144
medication, the name and dosage of the medication;	106145

(C) The times or intervals when the attendant is to assist	106146
the consumer with the self-administration of each dosage of the	106147
medication or nursing tasks;	106148

(D) The dates the attendant is to begin and cease providing	106149
the assistance;	106150

(E) A list of severe adverse reactions the attendant must	106151
report to the health care professional should the consumer	106152
experience one or more of the reactions;	106153

(F) At least one telephone number at which the attendant can	106154
reach the health care professional in an emergency;	106155

(G) Instructions the attendant is to follow when assisting	106156
the consumer with nursing tasks or self-administration of	106157
medication, including instructions for maintaining sterile	106158
conditions and for storage of task-related equipment and supplies;	106159

(H) The health care professional's attestation of both of the	106160
following:	106161

(1) That the consumer or consumer's authorized representative	106162
has demonstrated to the health care professional the ability to	106163
direct the attendant;	106164

(2) That the attendant has demonstrated to the health care	106165
professional the ability to provide the consumer assistance with	106166
nursing tasks or self-administration of medication that the health	106167
care professional has specifically authorized the attendant to	106168
provide and that the consumer or consumer's authorized	106169
representative has indicated to the health care professional that	106170
the consumer or authorized representative is satisfied with the	106171
attendant's demonstration.	106172

~~Sec. 5111.888.~~ Sec. 5166.308. When authorizing a home care	106173
attendant to assist a consumer with nursing tasks or	106174
self-administration of medication, a health care professional may	106175
not authorize a home care attendant to do any of the following:	106176

(A) Perform a task that is outside of the health care	106177
professional's scope of practice;	106178

(B) Assist the consumer with the self-administration of a	106179
medication, including a schedule II, schedule III, schedule IV, or	106180
schedule V drug unless both of the following apply:	106181

(1) The medication is administered orally, topically, or via	106182
a gastrostomy tube or jejunostomy tube, including through any of	106183
the following:	106184

(a) In the case of an oral medication, a metered dose	106185
inhaler;	106186

(b) In the case of a topical medication, including a	106187
transdermal medication, either of the following:	106188

(i) An eye, ear, or nose drop or spray;

106189

(ii) A vaginal or rectal suppository.

106190

(c) In the case of a gastrostomy tube or jejunostomy tube,	106191
only through a pre-programmed pump.	106192

(2) The medication is in its original container and the label	106193
attached to the container displays all of the following:	106194

(a) The consumer's full name in print;

106195

(b) The medication's dispensing date, which must not be more	106196
than twelve months before the date the attendant assists the	106197
consumer with self-administration of the medication;	106198

(c) The exact dosage and means of administration that match	106199
the health care professional's authorization to the attendant.	106200

(C) Assist the consumer with the self-administration of a	106201
schedule II, schedule III, schedule IV, or schedule V medication	106202
unless, in addition to meeting the requirements of division (B) of	106203
this section, all of the following apply:	106204

(1) The medication has a warning label on its container.

106205

(2) The attendant counts the medication in the consumer's or	106206
authorized representative's presence when the medication is	106207
administered to the consumer and records the count on a form used	106208
for the count as specified in rules adopted under section	106209
~~5111.8811~~5166.02 of the Revised Code.	106210

(3) The attendant recounts the medication in the consumer's	106211
or authorized representative's presence at least monthly and	106212
reconciles the recount on a log located in the consumer's clinical	106213
record.	106214

(4) The medication is stored separately from all other	106215
medications and is secured and locked at all times when not being	106216
administered to the consumer to prevent unauthorized access.	106217

(D) Perform an intramuscular injection;

106218

(E) Perform a subcutaneous injection unless it is for a	106219
routine dose of insulin;	106220

(F) Program a pump used to deliver a medication unless the	106221
pump is used to deliver a routine dose of insulin;	106222

(G) Insert, remove, or discontinue an intravenous access	106223
device;	106224

(H) Engage in intravenous medication administration;

106225

(I) Insert or initiate an infusion therapy;

106226

(J) Perform a central line dressing change.

106227

~~Sec. 5111.889.~~ Sec. 5166.309. A home care attendant who provides	106228
home care attendant services to a consumer in accordance with the	106229
authorizing health care professional's authorization does not	106230
engage in the practice of nursing as a registered nurse or in the	106231
practice of nursing as a licensed practical nurse in violation of	106232
section 4723.03 of the Revised Code.	106233

A consumer or the consumer's authorized representative shall	106234
report to the appropriate director ~~of job and family services~~ if a	106235
home care attendant engages in the practice of nursing as a	106236
registered nurse or the practice of nursing as a licensed	106237
practical nurse beyond the authorizing health care professional's	106238
authorization. The appropriate director shall forward a copy of	106239
each report to the board of nursing.	106240

~~Sec. 5111.8810.~~ Sec. 5166.3010. A consumer who is an adult may	106241
select an individual to act on the consumer's behalf for purposes	106242
regarding home care attendant services by submitting a written	106243
notice of the consumer's selection of an authorized representative	106244
to the appropriate director ~~of job and family services~~. The	106245
notice shall specifically identify the individual the consumer	106246
selects as authorized representative and may limit what the	106247
authorized representative may do on the consumer's behalf	106248
regarding home care attendant services. A consumer may not select	106249
the consumer's home care attendant to be the consumer's authorized	106250
representative.	106251

~~Sec. 5111.97.~~ Sec. 5166.35. (A) ~~As used in this section:~~

106252

~~(1) "Home and community-based services medicaid waiver~~	106253
~~component" has the same meaning as in section 5111.85 of the~~	106254
~~Revised Code.~~	106255

~~(2) "Nursing facility" has the same meaning as in section~~	106256
~~5111.20 of the Revised Code.~~	106257

~~(B) To the extent funds are available, the~~The medicaid	106258
director ~~of job and family services~~ may establish the Ohio access	106259
success project to help medicaid recipients make the transition	106260
from residing in a nursing ~~facility~~facilities to residing in a	106261
community ~~setting~~settings. The project may be established as a	106262
separate nonmedicaid program or integrated into a new or existing	106263
home and community-based services medicaid waiver component. The	106264
director shall permit any medicaid recipient ~~of medicaid-funded~~	106265
receiving nursing facility services to apply for participation in	106266
the project, but may limit the number of project participants.	106267

The director shall ensure that an assessment of an applicant	106268
is conducted as soon as practicable to determine whether the	106269
applicant is eligible for participation in the project. To the	106270
maximum extent possible, the assessment and eligibility	106271
determination shall be completed not later than the date that	106272
occurs six months after the applicant ~~became a recipient of~~	106273
~~medicaid-funded~~begins to receive nursing facility services.	106274

~~(C)~~(B) To be eligible for benefits under the project, a	106275
medicaid recipient must satisfy all of the following requirements:	106276

(1) The medicaid recipient must be ~~a recipient of~~	106277
~~medicaid-funded~~receiving nursing facility services, at the time	106278
of applying for the project benefits.	106279

(2) If the project is established as a nonmedicaid program,	106280
the medicaid recipient must be able to remain in the community as	106281
a result of receiving project benefits and the projected cost of	106282
the benefits to the project does not exceed eighty per cent of the	106283
average monthly medicaid cost of a medicaid recipient in a nursing	106284
facility.	106285

(3) If the project is integrated into a home and	106286
community-based services medicaid waiver component, the medicaid	106287
recipient must meet the waiver component's enrollment criteria.	106288

~~(D)~~(C) If the director establishes the Ohio access success	106289
project, the benefits provided under the project may include	106290
payment of all of the following:	106291

(1) The first month's rent in a community setting;

106292

(2) Rental deposits;

106293

(3) Utility deposits;

106294

(4) Moving expenses;

106295

(5) Other expenses not covered by the medicaid program that	106296
facilitate a medicaid recipient's move from a nursing facility to	106297
a community setting.	106298

~~(E)~~(D) If the project is established as a nonmedicaid	106299
program, no participant may receive more than two thousand	106300
dollars' worth of benefits under the project.	106301

~~(F)~~(E) If the department of ~~job and family services~~medicaid	106302
enters into a contract with an entity to provide fiscal management	106303
services regarding the project, the contract may provide for a	106304
portion of a participant's benefits under the project to be paid	106305
to the contracting entity. The contract shall specify the portion	106306
to be paid to the contracting entity.	106307

~~(G) The director may submit a request to the United States~~	106308
~~secretary of health and human services pursuant to section 1915 of~~	106309
~~the "Social Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n,~~	106310
~~as amended, to create a home and community-based services medicaid~~	106311
~~waiver component to serve individuals who meet the criteria for~~	106312
~~participation in the Ohio access success project.~~	106313

~~(H)~~(F) The director may adopt rules in accordance with	106314
Chapter 119. of the Revised Code for the administration and	106315
operation of the project. If the project is integrated into a home	106316
and community-based services medicaid waiver component, the rules	106317
shall be adopted under section ~~5111.85~~5166.02 of the Revised	106318
Code.	106319

Sec. 5167.01. As used in this chapter:

106320

(A) "Controlled substance" has the same meaning as in section	106321
3719.01 of the Revised Code.	106322

(B) "Dual eligible individual" has the same meaning as in	106323
section 5160.01 of the Revised Code.	106324

(C) "Emergency services" has the same meaning as in the	106325
"Social Security Act," section 1932(b)(2), 42 U.S.C.	106326
1396u-2(b)(2).	106327

(D) "Home and community-based services medicaid waiver	106328
component" has the same meaning as in section 5166.01 of the	106329
Revised Code.	106330

(E) "Medicaid managed care organization" means a managed care	106331
organization under contract with the department of medicaid	106332
pursuant to section 5167.10 of the Revised Code.	106333

(F) "Medicaid waiver component" has the same meaning as in	106334
section 5166.01 of the Revised Code.	106335

(G) "Nursing facility" has the same meaning as in section	106336
5165.01 of the Revised Code.	106337

(H) "Prescribed drug" has the same meaning as in section	106338
5164.01 of the Revised Code.	106339

(I) "Provider" means any person or government entity that	106340
furnishes services to a medicaid recipient enrolled in a medicaid	106341
managed care organization, regardless of whether the person or	106342
entity has a provider agreement.	106343

(J) "Provider agreement" has the same meaning as in section	106344
5164.01 of the Revised Code.	106345

Sec. 5167.02. The medicaid director shall adopt rules as	106346
necessary to implement this chapter. The rules shall be adopted in	106347
accordance with Chapter 119. of the Revised Code.	106348

~~Sec. 5111.16.~~ Sec. 5167.03. (A) As part of the medicaid program,	106349
the department of ~~job and family services~~medicaid shall establish	106350
a care management system. ~~The department shall submit, if~~	106351
~~necessary, applications to the United States department of health~~	106352
~~and human services for waivers of federal medicaid requirements~~	106353
~~that would otherwise be violated in the implementation of the~~	106354
~~system.~~	106355

(B) The department shall implement the care management system	106356
in some or all counties and shall designate the medicaid	106357
recipients who are required or permitted to participate in the	106358
system. In the department's implementation of the system and	106359
designation of participants, all of the following apply:	106360

(1) In the case of individuals who receive medicaid on the	106361
basis of being included in the category identified by the	106362
department as covered families and children, the department shall	106363
implement the care management system in all counties. All	106364
individuals included in the category shall be designated for	106365
participation, except for individuals included in one or more of	106366
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	106367
The department shall ensure that all participants are enrolled in	106368
medicaid managed care organizations that are health insuring	106369
corporations ~~under contract with the department pursuant to~~	106370
~~section 5111.17 of the Revised Code~~.	106371

(2) In the case of individuals who receive medicaid on the	106372
basis of being aged, blind, or disabled, ~~as specified in division~~	106373
~~(C)(2) of section 5111.01 of the Revised Code,~~ the department	106374
shall implement the care management system in all counties. Except	106375
as provided in division (C) of this section, all individuals	106376
included in the category shall be designated for participation.	106377
The department shall ensure that all participants are enrolled in	106378
medicaid managed care organizations that are health insuring	106379
corporations ~~under contract with the department pursuant to~~	106380
~~section 5111.17 of the Revised Code~~.	106381

(3) Alcohol, drug addiction, and mental health services	106382
covered by medicaid shall not be included in any component of the	106383
care management system when the nonfederal share of the cost of	106384
those services is provided by a board of alcohol, drug addiction,	106385
and mental health services or a state agency other than the	106386
department of ~~job and family services~~medicaid, but the recipients	106387
of those services may otherwise be designated for participation in	106388
the system.	106389

(C)(1) In designating participants who receive medicaid on	106390
the basis of being aged, blind, or disabled, the department shall	106391
not include any of the following, except as provided under	106392
division (C)(2) of this section:	106393

(a) Individuals who are under twenty-one years of age;

106394

(b) Individuals who are institutionalized;

106395

(c) Individuals who become eligible for medicaid by spending	106396
down their income or resources to a level that meets the medicaid	106397
program's financial eligibility requirements;	106398

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	106399
~~medicaid program and the medicare program established under Title~~	106400
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	106401
~~1395, as amended~~individuals;	106402

(e) Individuals to the extent that they are receiving	106403
medicaid services through a medicaid waiver component~~, as defined~~	106404
~~in section 5111.85 of the Revised Code~~.	106405

(2) ~~If any necessary waiver of federal medicaid requirements~~	106406
~~is granted, the~~The department may designate any of the following	106407
individuals who receive medicaid on the basis of being aged,	106408
blind, or disabled as individuals who are permitted or required to	106409
participate in the care management system:	106410

(a) Individuals who are under twenty-one years of age;

106411

(b) Individuals who reside in a nursing facility~~, as defined~~	106412
~~in section 5111.20 of the Revised Code~~;	106413

(c) Individuals who, as an alternative to receiving nursing	106414
facility services, are participating in a home and community-based	106415
services medicaid waiver component~~, as defined in section 5111.85~~	106416
~~of the Revised Code~~;	106417

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	106418
~~medicaid program and the medicare program~~individuals.	106419

(D) Subject to division (B) of this section, the department	106420
may do both of the following under the care management system:	106421

(1) Require or permit participants in the system to obtain	106422
health care services from providers designated by the department;	106423

(2) Require or permit participants in the system to obtain	106424
health care services through medicaid managed care organizations	106425
~~under contract with the department pursuant to section 5111.17 of~~	106426
~~the Revised Code~~.	106427

~~(E)(1) The department shall prepare an annual report on the~~	106428
~~care management system. The report shall address the department's~~	106429
~~ability to implement the system, including all of the following~~	106430
~~components:~~	106431

~~(a) The required designation of participants included in the~~	106432
~~category identified by the department as covered families and~~	106433
~~children;~~	106434

~~(b) The required designation of participants included in the~~	106435
~~aged, blind, or disabled category of medicaid recipients;~~	106436

~~(c) The use of any programs for enhanced care management.~~

106437

~~(2) The department shall submit each annual report to the~~	106438
~~general assembly. The first report shall be submitted not later~~	106439
~~than October 1, 2007.~~	106440

~~(F) The director of job and family services may adopt rules~~	106441
~~in accordance with Chapter 119. of the Revised Code to implement~~	106442
~~this section.~~	106443

~~Sec. 5111.161.~~ Sec. 5167.031. (A) As used in this section:

106444

(1) "Children's care network" means any of the following:

106445

(a) A children's hospital;

106446

(b) A group of children's hospitals;

106447

106448

(2) "Children's hospital" has the same meaning as in section	106449
2151.86 of the Revised Code.	106450

(B) If the department of ~~job and family services~~medicaid	106451
includes in the care management system, pursuant to section	106452
~~5111.16~~5167.03 of the Revised Code, individuals under twenty-one	106453
years of age who are included in the category of individuals who	106454
receive medicaid on the basis of being aged, blind, or disabled,	106455
~~as specified in division (C)(2) of section 5111.01 of the Revised~~	106456
~~Code,~~ the department ~~shall develop a system to~~may recognize	106457
entities as pediatric accountable care organizations. ~~The purpose~~	106458
~~of the recognition system shall be to meet the complex medical and~~	106459
~~behavioral needs of disabled children through new approaches to~~	106460
~~care coordination. The department shall implement the recognition~~	106461
~~system not later than July 1, 2012.~~	106462

An entity recognized by the department as a pediatric	106463
accountable care organization may develop innovative partnerships	106464
between relevant groups and may contract directly or subcontract	106465
with the state to provide care coordination and other services to	106466
the medicaid recipients under twenty-one years of age described in	106467
this division who are permitted or required to participate in the	106468
care management system.	106469

(C)(1) To be recognized by the department as a pediatric	106470
accountable care organization, an entity shall meet the standards	106471
established ~~in rules adopted under this section~~by the department.	106472
Unless required by ~~sections~~section 2706 ~~and 3022~~ of the "Patient	106473
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	106474
~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395 (2010)~~	106475
section 1895, 42 U.S.C. 1395jjj, the regulations adopted pursuant	106476
to those sections, and the laws of this state, the department	106477
shall not require that an entity be a health insuring corporation	106478
as a condition of receiving the department's recognition.	106479

(2) Any of the following entities may receive the	106480
department's recognition, if the standards for recognition have	106481
been met:	106482

(a) A children's care network;

106483

(b) A children's care network that may include one or more	106484
other entities, including, but not limited to, health insuring	106485
corporations or other managed care organizations;	106486

106487

(D) The ~~department~~medicaid director shall consult with all	106488
of the following in adopting rules ~~under~~authorized by division	106489
(E) of this section necessary for an entity to be recognized by	106490
the department as a pediatric accountable care organization:	106491

(1) The superintendent of insurance;

106492

(2) Children's hospitals;

106493

(3) ~~Managed~~Medicaid managed care organizations ~~under~~	106494
~~contract pursuant to section 5111.17 of the Revised Code~~;	106495

(4) Any other relevant entities, as determined necessary by	106496
the department, with interests in pediatric accountable care	106497
organizations.	106498

(E) ~~The department shall adopt rules in accordance with~~	106499
~~Chapter 119. of the Revised Code as necessary to implement this~~	106500
~~section.~~ In adopting ~~the~~ rules under section 5167.02 of the	106501
Revised Code, the ~~department~~medicaid director shall do all of the	106502
following:	106503

(1) Establish application procedures to be followed by an	106504
entity seeking recognition as a pediatric accountable care	106505
organization;	106506

(2) Ensure that the standards for recognition as a pediatric	106507
accountable care organization are the same as and do not conflict	106508
with those specified in ~~sections~~section 2706 ~~and 3022~~ of the	106509
"Patient Protection and Affordable Care Act," 124 Stat. 325 (2010)	106510
and ~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395~~	106511
~~(2010)~~section 1895, 42 U.S.C. 1395jjj or the regulations adopted	106512
pursuant to those sections;	106513

(3) Establish requirements regarding the access to pediatric	106514
specialty care provided through or by a pediatric accountable care	106515
organization;	106516

(4) Establish accountability and financial requirements for	106517
an entity recognized as a pediatric accountable care organization;	106518

(5) Establish quality improvement initiatives consistent with	106519
any state medicaid quality plan established by the department;	106520

(6) Establish transparency and consumer protection	106521
requirements for an entity recognized as a pediatric accountable	106522
care organization;	106523

(7) Establish a process for sharing data.

106524

(F) This section does not limit the authority of the	106525
department of insurance to regulate the business of insurance in	106526
this state.	106527

Sec. 5167.032. (A) The department of medicaid shall prepare	106528
an annual report on the care management system established under	106529
this chapter. The report shall address the department's ability to	106530
implement the system, including all of the following components:	106531

(1) The required designation of participants included in the	106532
category identified by the department as covered families and	106533
children;	106534

(2) The required designation of participants included in the	106535
aged, blind, or disabled category of medicaid recipients;	106536

(3) The use of any programs for enhanced care management.

106537

(B) The department shall submit each annual report to the	106538
general assembly in accordance with section 101.68 of the Revised	106539
Code.	106540

~~Sec. 5111.17.~~ Sec. 5167.10. (A) The department of ~~job and family~~	106541
~~services~~medicaid may enter into contracts with managed care	106542
organizations, including health insuring corporations, under which	106543
the organizations are authorized to provide, or arrange for the	106544
provision of, health care services to ~~medical assistance~~medicaid	106545
recipients who are required or permitted to obtain health care	106546
services through managed care organizations as part of the care	106547
management system established under section ~~5111.16~~5167.03 of the	106548
Revised Code.	106549

(B) ~~The~~(1) Subject to division (B)(2)(a) of this section,	106550
the department or its actuary shall base the hospital inpatient	106551
capital payment portion of the payment made to managed care	106552
organizations on data for services provided to all recipients	106553
enrolled in managed care organizations with which the department	106554
contracts, as reported by hospitals on relevant cost reports	106555
submitted pursuant to rules adopted under ~~this~~ section 5167.02 of	106556
the Revised Code.	106557

(2)(a) The hospital inpatient capital payment portion of the	106558
payment made to medicaid managed care organizations shall not	106559
exceed any maximum rate established by the department pursuant to	106560
rules adopted under this section.	106561

(b) If a maximum rate is established, a medicaid managed care	106562
organization shall not compensate hospitals for inpatient capital	106563
costs in an amount that exceeds that rate.	106564

(C) ~~The director of job and family services may adopt rules~~	106565
~~in accordance with Chapter 119. of the Revised Code to implement~~	106566
~~this section.~~	106567

~~(D)~~ The department of ~~job and family services~~medicaid shall	106568
allow a medicaid managed care organization to use providers to	106569
render care upon completion of the medicaid managed care	106570
organization's credentialing process.	106571

~~Sec. 5111.177.~~ Sec. 5167.11. When contracting under section	106572
~~5111.17~~5167.10 of the Revised Code with a health insuring	106573
corporation that holds a certificate of authority under Chapter	106574
1751. of the Revised Code, the department of ~~job and family~~	106575
~~services~~medicaid shall require the health insuring corporation to	106576
provide a grievance process for medicaid recipients in accordance	106577
with 42 C.F.R. 438, subpart F.	106578

~~Sec. 5111.172.~~ Sec. 5167.12. (A) When contracting under section	106579
~~5111.17~~5167.10 of the Revised Code with a managed care	106580
organization that is a health insuring corporation, the department	106581
of ~~job and family services~~medicaid shall require the health	106582
insuring corporation to provide coverage of ~~prescription~~	106583
prescribed drugs for medicaid recipients enrolled in the health	106584
insuring corporation. In providing the required coverage, the	106585
health insuring corporation may, subject to the department's	106586
approval and the limitations specified in division (B) of this	106587
section, use strategies for the management of drug utilization.	106588

(B) The department shall not permit a health insuring	106589
corporation to impose a prior authorization requirement in the	106590
case of a drug to which all of the following apply:	106591

(1) The drug is an antidepressant or antipsychotic.

106592

(2) The drug is administered or dispensed in a standard	106593
tablet or capsule form, except that in the case of an	106594
antipsychotic, the drug also may be administered or dispensed in a	106595
long-acting injectable form.	106596

(3) The drug is prescribed by either of the following:

106597

(a) A physician whom the health insuring corporation,	106598
pursuant to division (C) of section ~~5111.17~~5167.10 of the Revised	106599
Code, has credentialed to provide care as a psychiatrist;	106600

(b) A psychiatrist practicing at a community mental health	106601
~~agency~~services provider certified by the department of ~~mental~~	106602
~~health~~mental health and addiction services under section	106603
~~5119.611~~5119.36 of the Revised Code.	106604

(4) The drug is prescribed for a use that is indicated on the	106605
drug's labeling, as approved by the federal food and drug	106606
administration.	106607

(C) ~~As used in this division, "controlled substance" has the~~	106608
~~same meaning as in section 3719.01 of the Revised Code.~~	106609

The department shall permit a health insuring corporation to	106610
develop and implement a pharmacy utilization management program	106611
under which prior authorization through the program is established	106612
as a condition of obtaining a controlled substance pursuant to a	106613
prescription.	106614

Sec. 5167.121. (A) A medicaid managed care organization or	106615
its third party administrator shall provide advance notice of both	106616
of the following:	106617

(1) In the case of any provider, termination of the	106618
provider's status as a managed care network provider unless the	106619
termination is implemented because of fraud, illegal conduct,	106620
bankruptcy, insolvency, or any other reason specified by contract	106621
with the provider for which notification is not required;	106622

(2) In the case of a pharmacy provider, removal of a	106623
prescribed drug from the formulary or preferred drug list used by	106624
the organization or administrator or any change in the terms	106625
governing access to the drug.	106626

(B) The minimum period of specified advance notice to be	106627
provided under this section shall be either the period specified	106628
in the contract with the provider or, if there is no period	106629
specified in the contract, ninety days. The organization or	106630
administrator shall notify the provider in the same manner it	106631
notifies the provider for other purposes.	106632

~~Sec. 5111.179.~~ Sec. 5167.13. Each contract the department of ~~job~~	106633
~~and family services~~medicaid enters into with a managed care	106634
organization under section ~~5111.17~~5167.10 of the Revised Code	106635
shall require the managed care organization to implement a	106636
coordinated services program for medicaid recipients enrolled in	106637
the organization who are found to have obtained ~~prescription~~	106638
prescribed drugs under the medicaid program at a frequency or in	106639
an amount that is not medically necessary. The program shall be	106640
implemented in a manner that is consistent with ~~section 1915(a)(2)~~	106641
of the "Social Security Act," ~~95 Stat. 810 (1981)~~section	106642
1915(a)(2), 42 U.S.C. 1396n(a)(2)~~, as amended~~, and 42 C.F.R.	106643
431.54(e).	106644

~~Sec. 5111.1710.~~ Sec. 5167.14. Each contract the department of ~~job~~	106645
~~and family services~~medicaid enters into with a managed care	106646
organization under section ~~5111.17~~5167.10 of the Revised Code	106647
shall require the managed care organization to enter into a data	106648
security agreement with the state board of pharmacy governing the	106649
managed care organization's use of the board's drug database	106650
established and maintained under section 4729.75 of the Revised	106651
Code.	106652

This section does not apply if the board no longer maintains	106653
the drug database.	106654

~~Sec. 5111.162.~~ Sec. 5167.20. (A) ~~As used in this section:~~

106655

~~(1) "Emergency services" has the same meaning as in section~~	106656
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	106657
~~U.S.C. 1396u-2(b)(2), as amended.~~	106658

~~(2) "Medicaid managed care organization" means a managed care~~	106659
~~organization that has entered into a contract with the department~~	106660
~~of job and family services pursuant to section 5111.17 of the~~	106661
~~Revised Code.~~	106662

~~(B)~~ Except as provided in division ~~(C)~~(B) of this section,	106663
when a participant in the care management system established under	106664
~~section 5111.16 of the Revised Code~~this chapter is enrolled in a	106665
medicaid managed care organization and the organization refers the	106666
participant to receive services, other than emergency services	106667
provided on or after January 1, 2007, at a hospital that	106668
participates in the medicaid program but is not under contract	106669
with the organization, the hospital shall provide the service for	106670
which the referral was made and shall accept from the	106671
organization, as payment in full, the amount derived from the	106672
~~reimbursement~~payment rate used by the department to ~~reimburse~~pay	106673
other hospitals of the same type for providing the same service to	106674
a medicaid recipient who is not enrolled in a medicaid managed	106675
care organization.	106676

~~(C)~~(B) A hospital is not subject to division ~~(B)~~(A) of this	106677
section if all of the following are the case:	106678

(1) The hospital is located in a county in which participants	106679
in the care management system are required before January 1, 2006,	106680
to be enrolled in a medicaid managed care organization that is a	106681
health insuring corporation;	106682

(2) The hospital has entered into a contract before January	106683
1, 2006, with at least one health insuring corporation serving the	106684
participants specified in division ~~(C)~~(B)(1) of this section;	106685

(3) The hospital remains under contract with at least one	106686
health insuring corporation serving participants in the care	106687
management system who are required to be enrolled in a health	106688
insuring corporation.	106689

~~(D)~~(C) The medicaid director ~~of job and family services~~ shall	106690
adopt rules under section 5167.02 of the Revised Code specifying	106691
the circumstances under which a medicaid managed care organization	106692
is permitted to refer a participant in the care management system	106693
to a hospital that is not under contract with the organization.	106694
~~The director may adopt any other rules necessary to implement this~~	106695
~~section. All rules adopted under this section shall be adopted in~~	106696
~~accordance with Chapter 119. of the Revised Code.~~	106697

~~Sec. 5111.163.~~ Sec. 5167.201. ~~(A) As used in this section:~~

106698

~~(1) "Emergency services" has the same meaning as in section~~	106699
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	106700
~~U.S.C. 1396u-2(b)(2), as amended.~~	106701

~~(2) "Medicaid managed care organization" has the same meaning~~	106702
~~as in section 5111.162 of the Revised Code.~~	106703

~~(3) "Provider" means any person, institution, or entity that~~	106704
~~furnishes emergency services to a medicaid recipient enrolled in a~~	106705
~~medicaid managed care organization, regardless of whether the~~	106706
~~person, institution, or entity has a provider agreement with the~~	106707
~~department of job and family services pursuant to Title XIX of the~~	106708
~~"Social Security Act."~~	106709

~~(B)~~ When a participant in the care management system	106710
established under ~~section 5111.16 of the Revised Code~~this chapter	106711
is enrolled in a medicaid managed care organization and receives	106712
emergency services on or after January 1, 2007, from a provider	106713
that is not under contract with the organization, the provider	106714
shall accept from the organization, as payment in full, not more	106715
than the amounts (less any payments for indirect costs of medical	106716
education and direct costs of graduate medical education) that the	106717
provider could collect if the participant received medicaid other	106718
than through enrollment in a managed care organization.	106719

An agreement entered into by a participant, a participant's	106720
parent, or a participant's legal guardian that requires payment	106721
for emergency services in violation of this section is void and	106722
unenforceable.	106723

~~Sec. 5111.982.~~ Sec. 5167.21. (A) As used in this section:

106724

(1) "Covered skilled nursing facility services" has the same	106725
meaning as in the "Social Security Act," section 1888(e)(2)(A), 42	106726
U.S.C. 1395yy(e)(2)(A).	106727

(2) "Current medicare fee-for-service rate" means the	106728
fee-for-service rate in effect for a covered skilled nursing	106729
facility service under medicare at the time the service is	106730
provided.	106731

(3) "Skilled nursing facility" has the same meaning as in the	106732
"Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	106733

(B) Except as provided in division (C) of this section, a	106734
medicaid managed care organization shall pay a skilled nursing	106735
facility at least the current medicare fee-for-service rate,	106736
without deduction for any coinsurance, for covered skilled nursing	106737
facility services that the skilled nursing facility provides to a	106738
dual eligible individual if the medicaid managed care organization	106739
is responsible for the payment under the terms of a contract that	106740
the medicaid managed care organization, ~~medical assistance~~	106741
medicaid director, and United States secretary of health and human	106742
services jointly enter into under the integrated care delivery	106743
system authorized by section ~~5111.981~~5164.91 of the Revised Code.	106744

(C) A medicaid managed care organization is required to pay	106745
the rate specified in division (B) of this section for covered	106746
skilled nursing facility services only if all of the following	106747
apply:	106748

(1) The United States secretary agrees to the payment rate as	106749
part of the contract that the medicaid managed care organization,	106750
~~medical assistance~~medicaid director, and United States secretary	106751
jointly enter into under the integrated care delivery system;	106752

(2) The medicaid managed care organization receives a federal	106753
capitation payment that is an actuarially sufficient amount for	106754
the costs that the medicaid managed care organization incurs in	106755
paying the rate;	106756

(3) No state funds are used for any part of the costs that	106757
the medicaid managed care organization incurs in paying the rate;	106758

(4) The integrated care delivery system provides for dual	106759
eligible individuals to receive the covered skilled nursing	106760
facility services as part of the system.	106761

~~Sec. 5111.178.~~ Sec. 5167.25. (A) The medicaid director ~~of job and~~	106762
~~family services~~ shall determine whether a waiver of federal	106763
medicaid requirements is necessary to fulfill the requirements of	106764
section 3901.3814 of the Revised Code. If the director determines	106765
a waiver is necessary, the department of ~~job and family services~~	106766
medicaid shall apply to the United States secretary of health and	106767
human services for the waiver.	106768

(B)(1) If the director determines that section 3901.3814 of	106769
the Revised Code can be implemented without a waiver or a waiver	106770
is granted, the department shall notify the department of	106771
insurance that the section can be implemented. Implementation of	106772
the section shall be effective eighteen months after the notice is	106773
sent.	106774

(2) At the time the notice is given under division (B)(1) of	106775
this section, the department shall also give notice to each health	106776
insuring corporation that provides coverage to medicaid	106777
recipients. The notice shall inform the corporation that sections	106778
3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to	106779
claims for services rendered to recipients on the date determined	106780
under division (B)(1) of this section, instead of the prompt	106781
payment requirements of 42 C.F.R. 447.46. That date shall be	106782
specified in the notice.	106783

~~Sec. 5111.175.~~ Sec. 5167.26. For the purpose of determining the	106784
amount the department of ~~job and family services~~medicaid pays	106785
hospitals under section ~~5112.08~~5168.09 of the Revised Code and	106786
the amount of disproportionate share hospital payments paid by the	106787
medicare program ~~established under Title XVIII of~~pursuant to the	106788
"Social Security Act," ~~79 Stat. 286 (1965)~~section 1915, 42 U.S.C.	106789
1396n, ~~as amended,~~ a medicaid managed care organization ~~under~~	106790
~~contract with the department pursuant to section 5111.17 of the~~	106791
~~Revised Code authorizing the organization to provide, or arrange~~	106792
~~for the provision of, hospital services to medicaid recipients~~	106793
shall keep detailed records for each hospital with which it	106794
contracts ~~about~~, including records regarding the cost to the	106795
hospital of providing ~~the~~hospital services for the organization,	106796
payments made by the organization to the hospital for the	106797
services, utilization of hospital services by medicaid recipients	106798
enrolled in the organization, and other utilization data required	106799
by the department.	106800

~~Sec. 5111.1711.~~ Sec. 5167.30. (A)(1) The department of ~~job and~~	106801
~~family services~~medicaid shall establish a managed care	106802
performance payment program. Under the program, the department may	106803
provide payments to medicaid managed care organizations ~~under~~	106804
~~contract with the department pursuant to section 5111.17 of the~~	106805
~~Revised Code~~ that meet performance standards established by the	106806
department.	106807

(2) In establishing performance standards, the department may	106808
consult any of the following:	106809

(a) Any quality measurements developed under the pediatric	106810
quality measures program established pursuant to the "Social	106811
Security Act," section 1139A, 42 U.S.C. 1320b-9a;	106812

(b) Any core set of adult health quality measures for	106813
medicaid eligible adults used for purposes of the "Social Security	106814
Act," section 1139A, 42 U.S.C. 1320b-9b, and any adult health	106815
quality used for purposes of the medicaid quality measurement	106816
program when the program is established under ~~42 U.S.C. 1320b-9b~~	106817
that section of the "Social Security Act";	106818

(c) The most recent healthcare effectiveness data and	106819
information set and quality measurement tool established by the	106820
national committee for quality assurance.	106821

(3) The standards that must be met to receive the payments	106822
may be specified in the contract the department enters into with a	106823
medicaid managed care organization.	106824

(4) If a medicaid managed care organization meets the	106825
performance standards established by the department, the	106826
department shall make one or more performance payments to the	106827
organization. The amount of each performance payment, the number	106828
of payments, and the schedule for making the payments shall be	106829
established by the department. The payments shall be discontinued	106830
if the department determines that the organization no longer meets	106831
the performance standards. The department shall not make or	106832
discontinue payments based on any performance standard that has	106833
been in effect as part of the organization's contract for less	106834
than six months.	106835

(B) For purposes of the program, the department shall	106836
establish an amount that is to be withheld each time a premium	106837
payment is made to a medicaid managed care organization. The	106838
amount shall be established as a percentage of each premium	106839
payment. The percentage shall be the same for all medicaid managed	106840
care organizations ~~under contract with the department~~. The sum of	106841
all withholdings under this division shall not exceed ~~one~~two per	106842
cent of the total of all premium payments made to all medicaid	106843
managed care organizations ~~under contract with the department~~.	106844

Each medicaid managed care organization shall agree to the	106845
withholding as a condition of receiving or maintaining its	106846
~~medicaid~~ provider agreement with the department.	106847

When the amount is established and each time the amount is	106848
modified thereafter, the department shall certify the amount to	106849
the director of budget and management and begin withholding the	106850
amount from each premium the department pays to a medicaid managed	106851
care organization.	106852

~~(C) There is hereby created in the state treasury the managed~~	106853
~~care performance payment fund. The fund shall consist of amounts~~	106854
~~transferred to it by the director of budget and management for the~~	106855
~~purpose of the program. All investment earnings of the fund shall~~	106856
~~be credited to the fund. Amounts in the fund shall be used solely~~	106857
~~to make performance payments to managed care organizations in~~	106858
~~accordance with this section.~~	106859

~~(D) The department may adopt rules as necessary to implement~~	106860
~~this section. The rules shall be adopted in accordance with~~	106861
~~Chapter 119. of the Revised Code.~~	106862

~~Sec. 5111.171.~~ Sec. 5167.31. The department of ~~job and family~~	106863
~~services~~medicaid may provide financial incentive awards to	106864
medicaid managed care organizations ~~under contract with the~~	106865
~~department pursuant to section 5111.17 of the Revised Code~~ that	106866
meet or exceed performance standards specified in provider	106867
agreements or rules adopted by the ~~department~~medicaid director	106868
under section 5167.02 of the Revised Code. The department may	106869
specify in a contract with a medicaid managed care organization	106870
the amounts of financial incentive awards, methodology for	106871
distributing awards, types of awards, and standards for	106872
administration by the department.	106873

~~Sec. 5111.173.~~ Sec. 5167.40. The department of ~~job and family~~	106874
~~services~~medicaid shall appoint a temporary manager for a	106875
medicaid managed care organization ~~under contract with the~~	106876
~~department pursuant to section 5111.17 of the Revised Code~~ if the	106877
department determines that the medicaid managed care organization	106878
has repeatedly failed to meet substantive requirements specified	106879
in ~~section 1903(m) of~~ the "Social Security Act," ~~79 Stat. 286~~	106880
~~(1965)~~sections 1903(m) and 1932, 42 U.S.C. 1396b(m)~~, as amended;~~	106881
~~section 1932 of the Social Security Act, 42 U.S.C.~~and 1396u-2~~, as~~	106882
~~amended~~; or 42 C.F.R. 438 Part I. The appointment of a temporary	106883
manager does not preclude the department from imposing other	106884
sanctions available to the department against the medicaid managed	106885
care organization.	106886

The medicaid managed care organization shall pay all costs of	106887
having the temporary manager perform the temporary manager's	106888
duties, including all costs the temporary manager incurs in	106889
performing those duties. If the temporary manager incurs costs or	106890
liabilities on behalf of the medicaid managed care organization,	106891
the medicaid managed care organization shall pay those costs and	106892
be responsible for those liabilities.	106893

The appointment of a temporary manager is not subject to	106894
Chapter 119. of the Revised Code, but the managed care	106895
organization may request a reconsideration of the appointment.	106896
Reconsiderations shall be requested and conducted in accordance	106897
with rules the ~~director of job and family services~~medicaid	106898
director shall adopt ~~in accordance with Chapter 119. of~~under	106899
section 5167.02 of the Revised Code.	106900

The appointment of a temporary manager does not cause the	106901
medicaid managed care organization to lose the right to appeal, in	106902
accordance with Chapter 119. of the Revised Code, any proposed	106903
termination or any decision not to ~~renew~~revalidate the medicaid	106904
managed care organization's ~~medicaid~~ provider agreement or the	106905
right to initiate the sale of the medicaid managed care	106906
organization or its assets.	106907

~~In addition to the rules required to be adopted under this~~	106908
~~section, the director may adopt any other rules necessary to~~	106909
~~implement this section. The rules shall be adopted in accordance~~	106910
~~with Chapter 119. of the Revised Code.~~	106911

~~Sec. 5111.174.~~ Sec. 5167.41. The department of ~~job and family~~	106912
~~services~~medicaid may disenroll some or all medicaid recipients	106913
enrolled in a medicaid managed care organization ~~under contract~~	106914
~~with the department pursuant to section 5111.17 of the Revised~~	106915
~~Code~~ if the department proposes to terminate or not to ~~renew~~	106916
revalidate the contract and determines that the recipients' access	106917
to medically necessary services is jeopardized by the proposal to	106918
terminate or not to ~~renew~~revalidate the contract. The	106919
disenrollment is not subject to Chapter 119. of the Revised Code,	106920
but the medicaid managed care organization may request a	106921
reconsideration of the disenrollment. Reconsiderations shall be	106922
requested and conducted in accordance with rules the medicaid	106923
director ~~of job and family services~~ shall adopt ~~in accordance with~~	106924
~~Chapter 119.~~under section 5167.02 of the Revised Code. The	106925
request for, or conduct of, a reconsideration regarding a proposed	106926
disenrollment shall not delay the disenrollment.	106927

~~In addition to the rules required to be adopted under this~~	106928
~~section, the director may adopt any other rules necessary to~~	106929
~~implement this section. The rules shall be adopted in accordance~~	106930
~~with Chapter 119. of the Revised Code.~~	106931

~~Sec. 5112.01.~~ Sec. 5168.01. As used in sections ~~5112.03~~5168.01 to	106932
~~5112.21~~5168.14 of the Revised Code:	106933

(A) "Bad debt," "charity care," "courtesy care," and	106934
"contractual allowances" have the same meanings given these terms	106935
in regulations adopted under Title XVIII of the "Social Security	106936
Act," 42 U.S.C. 1395 et seq.	106937

(B) "Cost reporting period" means the twelve-month period	106938
used by a hospital in reporting costs for purposes of Title XVIII	106939
of the "Social Security Act," 42 U.S.C. 1395 et seq.	106940

(C) "Disproportionate share hospital" means a hospital that	106941
meets the definition of a disproportionate share hospital in rules	106942
adopted under section 5168.02 of the Revised Code.	106943

(D) "Federal poverty line" means the official poverty line	106944
defined by the United States office of management and budget based	106945
on the most recent data available from the United States bureau of	106946
the census and revised by the United States secretary of health	106947
and human services pursuant to the "Omnibus Budget Reconciliation	106948
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	106949

(E) "Governmental hospital" means a county hospital with more	106950
than five hundred registered beds or a state-owned and -operated	106951
hospital with more than five hundred registered beds.	106952

(F)(1) "Hospital" means a nonfederal hospital to which either	106953
of the following applies:	106954

(a) The hospital is registered under section 3701.07 of the	106955
Revised Code as a general medical and surgical hospital or a	106956
pediatric general hospital, and provides inpatient hospital	106957
services, as defined in 42 C.F.R. 440.10;	106958

(b) The hospital is recognized under the medicare program	106959
~~established by Title XVIII of the "Social Security Act," 49 Stat.~~	106960
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ as a cancer hospital and	106961
is exempt from the medicare prospective payment system.	106962

(2) "Hospital" does not include a hospital operated by a	106963
health insuring corporation that has been issued a certificate of	106964
authority under section 1751.05 of the Revised Code or a hospital	106965
that does not charge patients for services.	106966

~~(2) "Disproportionate share hospital" means a hospital that~~	106967
~~meets the definition of a disproportionate share hospital in rules~~	106968
~~adopted under section 5112.03 of the Revised Code.~~	106969

~~(B) "Bad debt," "charity care," "courtesy care," and~~	106970
~~"contractual allowances" have the same meanings given these terms~~	106971
~~in regulations adopted under Title XVIII of the "Social Security~~	106972
~~Act."~~	106973

~~(C) "Cost reporting period" means the twelve-month period~~	106974
~~used by a hospital in reporting costs for purposes of Title XVIII~~	106975
~~of the "Social Security Act."~~	106976

~~(D) "Governmental hospital" means a county hospital with more~~	106977
~~than five hundred registered beds or a state-owned and -operated~~	106978
~~hospital with more than five hundred registered beds.~~	106979

~~(E)~~(G) "Indigent care pool" means the sum of the following:

106980

(1) The total of assessments to be paid in a program year by	106981
all hospitals under section ~~5112.06~~5168.06 of the Revised Code,	106982
less the assessments deposited into the legislative budget	106983
services fund under section ~~5112.19~~5168.12 of the Revised Code	106984
and into the health care services administration fund created	106985
under section ~~5111.94~~5162.54 of the Revised Code;	106986

(2) The total amount of intergovernmental transfers required	106987
to be made in the same program year by governmental hospitals	106988
under section ~~5112.07~~5168.07 of the Revised Code, less the amount	106989
of transfers deposited into the legislative budget services fund	106990
under section ~~5112.19~~5168.12 of the Revised Code and into the	106991
health care services administration fund created under section	106992
~~5111.94~~5162.54 of the Revised Code;	106993

(3) The total amount of federal matching funds that will be	106994
made available in the same program year as a result of funds	106995
distributed by the department of ~~job and family services~~medicaid	106996
to hospitals under section ~~5112.08~~5168.09 of the Revised Code.	106997

~~(F)~~(H) "Intergovernmental transfer" means any transfer of	106998
money by a governmental hospital under section ~~5112.07~~5168.07 of	106999
the Revised Code.	107000

~~(G) "Medical assistance program" means the program of medical~~	107001
~~assistance established under section 5111.01 of the Revised Code~~	107002
~~and Title XIX of the "Social Security Act."~~	107003

~~(H)~~(I) "Medicaid services" has the same meaning as in section	107004
5164.01 of the Revised Code.	107005

(J) "Program year" means a period beginning the first day of	107006
October, or a later date designated in rules adopted under section	107007
~~5112.03~~5168.02 of the Revised Code, and ending the thirtieth day	107008
of September, or an earlier date designated in rules adopted under	107009
that section.	107010

~~(I)~~(K) "Registered beds" means the total number of hospital	107011
beds registered with the department of health, as reported in the	107012
most recent "directory of registered hospitals" published by the	107013
department of health.	107014

~~(J)~~(L) "Third-party payer" means any person or government	107015
entity that may be liable by law or contract to make payment to or	107016
on behalf of an individual for health care services. "Third-party	107017
payer" does not include a hospital.	107018

(M) "Total facility costs" means the total costs for all	107019
services rendered to all patients, including the direct, indirect,	107020
and overhead cost to the hospital of all services, supplies,	107021
equipment, and capital related to the care of patients, regardless	107022
of whether patients are enrolled in a health insuring corporation,	107023
excluding costs associated with providing skilled nursing services	107024
in distinct-part nursing facility units, as shown on the	107025
hospital's cost report filed under section ~~5112.04~~5168.05 of the	107026
Revised Code. Effective October 1, 1993, if rules adopted under	107027
section ~~5112.03~~5168.02 of the Revised Code so provide, "total	107028
facility costs" may exclude costs associated with providing care	107029
to recipients of any of the governmental programs listed in	107030
division (B) of that section.	107031

~~(K)~~(N) "Uncompensated care" means bad debt and charity care.

107032

~~Sec. 5112.03.~~ Sec. 5168.02. (A) The ~~director of job and family~~	107033
~~services shall adopt, and may amend and rescind,~~medicaid director	107034
shall adopt rules in accordance with Chapter 119. of the Revised	107035
Code for the purpose of administering sections ~~5112.01~~5168.01 to	107036
~~5112.21~~5168.14 of the Revised Code, including rules that do all	107037
of the following:	107038

(1) Define as a "disproportionate share hospital" any	107039
hospital included under ~~subsection (b) of section 1923 of~~ the	107040
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1923(b), 42	107041
U.S.C.A. 1396r-4(b), ~~as amended,~~ and any other hospital the	107042
director determines appropriate;	107043

(2) Prescribe the form for submission of cost reports under	107044
section ~~5112.04~~5168.05 of the Revised Code;	107045

(3) Establish, in accordance with division (A) of section	107046
~~5112.06~~5168.06 of the Revised Code, the assessment rate or rates	107047
to be applied to hospitals under that section;	107048

(4) Establish schedules for hospitals to pay installments on	107049
their assessments under section ~~5112.06~~5168.06 of the Revised	107050
Code and for governmental hospitals to pay installments on their	107051
intergovernmental transfers under section ~~5112.07~~5168.07 of the	107052
Revised Code;	107053

(5) Establish procedures to notify hospitals of adjustments	107054
made under division (B)(2)(b) of section ~~5112.06~~5168.06 of the	107055
Revised Code in the amount of installments on their assessment;	107056

(6) Establish procedures to notify hospitals of adjustments	107057
made under division (D) of section ~~5112.09~~5168.08 of the Revised	107058
Code in the total amount of their assessment and to adjust for the	107059
remainder of the program year the amount of the installments on	107060
the assessments;	107061

(7) Establish, in accordance with section ~~5112.08~~5168.09 of	107062
the Revised Code, the methodology for paying hospitals under that	107063
section.	107064

The director shall consult with hospitals when adopting the	107065
rules required by divisions (A)(4) and (5) of this section in	107066
order to minimize hospitals' cash flow difficulties.	107067

(B) Rules adopted under this section may provide that "total	107068
facility costs" excludes costs associated with any of the	107069
following:	107070

(1) ~~Recipients of the medical assistance program~~Medicaid	107071
recipients;	107072

(2) Recipients of disability financial assistance provided	107073
under Chapter 5115. of the Revised Code;	107074

(3) Recipients of the program for medically handicapped	107075
children established under section 3701.023 of the Revised Code;	107076

(4) ~~Recipients of the medicare program established under~~	107077
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	107078
~~U.S.C.A. 301, as amended:~~Medicare beneficiaries;	107079

(5) Recipients of Title V of the "Social Security Act," 42	107080
U.S.C. 701 et seq.,;	107081

(6) Any other category of costs deemed appropriate by the	107082
director in accordance with Title XIX of the "Social Security	107083
Act," 42 U.S.C. 1396 et seq., and the rules adopted under that	107084
title.	107085

~~Sec. 5112.05.~~ Sec. 5168.03. The requirements of sections ~~5112.06~~	107086
5168.06 to ~~5112.09~~5168.09 of the Revised Code apply only as long	107087
as the United States health care financing administration	107088
determines that the assessment imposed under section ~~5112.06~~	107089
5168.06 of the Revised Code is a permissible health care-related	107090
tax pursuant to ~~section 1903(w) of~~ the "Social Security Act," 49	107091
~~Stat. 620 (1935)~~section 1903(w), 42 U.S.C.A. 1396b(w)~~, as~~	107092
~~amended~~. Whenever the department of ~~job and family services~~	107093
medicaid is informed that the assessment is an impermissible	107094
health care-related tax, the department shall promptly refund to	107095
each hospital the amount of money currently in the hospital care	107096
assurance program fund created by section ~~5112.18~~5168.11 of the	107097
Revised Code that has been paid by the hospital under section	107098
~~5112.06~~5168.06 or ~~5112.07~~5168.07 of the Revised Code, plus any	107099
investment earnings on that amount.	107100

~~Sec. 5112.10.~~ Sec. 5168.04. The department of ~~job and family~~	107101
~~services~~medicaid shall operate the hospital care assurance	107102
program established by sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14	107103
of the Revised Code on a program year basis. The department shall	107104
complete all program requirements on or before the thirtieth day	107105
of September each year.	107106

~~Sec. 5112.04.~~ Sec. 5168.05. (A) Except as provided in division (C)	107107
of this section, each hospital, on or before the first day of July	107108
of each year or at a later date approved by the medicaid director	107109
~~of job and family services~~, shall submit to the department of ~~job~~	107110
~~and family services~~medicaid a financial statement for the	107111
preceding calendar year that accurately reflects the income,	107112
expenses, assets, liabilities, and net worth of the hospital, and	107113
accompanying notes. A hospital that has a fiscal year different	107114
from the calendar year shall file its financial statement within	107115
one hundred eighty days of the end of its fiscal year or at a	107116
later date approved by the director ~~of job and family services~~.	107117
The financial statement shall be prepared by an independent	107118
certified public accountant and reflect an official audit report	107119
prepared in a manner consistent with generally accepted accounting	107120
principles. The financial statement shall, to the extent that the	107121
hospital has sufficient financial records, show bad debt and	107122
charity care separately from courtesy care and contractual	107123
allowances.	107124

(B) Except as provided in division (C) of this section, each	107125
hospital, within one hundred eighty days after the end of the	107126
hospital's cost reporting period, shall submit to the department a	107127
cost report in a format prescribed in rules adopted ~~by the~~	107128
~~director of job and family services~~ under section ~~5112.03~~5168.02	107129
of the Revised Code. The department shall grant a hospital an	107130
extension of the one hundred eighty day period if the health care	107131
financing administration of the United States department of health	107132
and human services extends the date by which the hospital must	107133
submit its cost report for the hospital's cost reporting period.	107134

(C) The director ~~of job and family services~~ may adopt rules	107135
under section ~~5112.03~~5168.02 of the Revised Code specifying	107136
financial information that must be submitted by hospitals for	107137
which no financial statement or cost report is available. The	107138
rules shall specify deadlines for submitting the information. Each	107139
such hospital shall submit the information specified in the rules	107140
not later than the deadline specified in the rules.	107141

~~Sec. 5112.06.~~ Sec. 5168.06. (A) For the purpose of distributing	107142
funds to hospitals under the ~~medical assistance~~medicaid program	107143
pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the	107144
Revised Code and depositing funds into the legislative budget	107145
services fund under section ~~5112.19~~5168.12 of the Revised Code	107146
and into the health care services administration fund created	107147
under section ~~5111.94~~5162.54 of the Revised Code, there is hereby	107148
imposed an assessment on all hospitals. Each hospital's assessment	107149
shall be based on total facility costs. All hospitals shall be	107150
assessed according to the rate or rates established each program	107151
year ~~by the department of job and family services~~ in rules adopted	107152
under section ~~5112.03~~5168.02 of the Revised Code. The department	107153
shall assess all hospitals uniformly and in a manner consistent	107154
with federal statutes and regulations. During any program year,	107155
the department shall not assess any hospital more than two per	107156
cent of the hospital's total facility costs.	107157

The department shall establish an assessment rate or rates	107158
each program year that will do both of the following:	107159

(1) Yield funds that, when combined with intergovernmental	107160
transfers and federal matching funds, will produce a program of	107161
sufficient size to pay a substantial portion of the indigent care	107162
provided by hospitals;	107163

(2) Yield funds that, when combined with intergovernmental	107164
transfers and federal matching funds, will produce amounts for	107165
distribution to disproportionate share hospitals that do not	107166
exceed, in the aggregate, the limits prescribed by the United	107167
States health care financing administration under ~~subsection (f)~~	107168
~~of section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	107169
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	107170

(B)(1) Except as provided in division (B)(3) of this section,	107171
each hospital shall pay its assessment in periodic installments in	107172
accordance with a schedule established ~~by the director of job and~~	107173
~~family services~~ in rules adopted under section ~~5112.03~~5168.02 of	107174
the Revised Code.	107175

(2) The installments shall be equal in amount, unless either	107176
of the following applies:	107177

(a) The department makes adjustments during a program year	107178
under division (D) of section ~~5112.09~~5168.08 of the Revised Code	107179
in the total amount of hospitals' assessments;	107180

(b) The medicaid director ~~of job and family services~~	107181
determines that adjustments in the amounts of installments are	107182
necessary for the administration of sections ~~5112.01~~5168.01 to	107183
~~5112.21~~5168.14 of the Revised Code and that unequal installments	107184
will not create cash flow difficulties for hospitals.	107185

(3) The director may adopt rules under section ~~5112.03~~	107186
5168.02 of the Revised Code establishing alternate schedules for	107187
hospitals to pay assessments under this section in order to reduce	107188
hospitals' cash flow difficulties.	107189

~~Sec. 5112.07.~~ Sec. 5168.07. (A) The department of ~~job and family~~	107190
~~services~~medicaid may require governmental hospitals to make	107191
intergovernmental transfers each program year for the purpose of	107192
distributing funds to hospitals under the ~~medical assistance~~	107193
medicaid program pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~	107194
5168.14 of the Revised Code and depositing funds into the	107195
legislative budget services fund under section ~~5112.19~~5168.12 of	107196
the Revised Code and into the health care services administration	107197
fund created under section ~~5111.94~~5162.54 of the Revised Code.	107198
The department shall not require transfers in an amount that, when	107199
combined with hospital assessments paid under section ~~5112.06~~	107200
5168.06 of the Revised Code and federal matching funds, produce	107201
amounts for distribution to disproportionate share hospitals that,	107202
in the aggregate, exceed limits prescribed by the United States	107203
health care financing administration under ~~subsection (f) of~~	107204
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	107205
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	107206

(B) Before or during each program year, the department shall	107207
notify each governmental hospital of the amount of the	107208
intergovernmental transfer it is required to make during the	107209
program year. Each governmental hospital shall make	107210
intergovernmental transfers as required by the department under	107211
this section in periodic installments, executed by electronic fund	107212
transfer, in accordance with a schedule established in rules	107213
adopted under section ~~5112.03~~5168.02 of the Revised Code.	107214

~~Sec. 5112.09.~~ Sec. 5168.08. (A) Before or during each program	107215
year, the department of ~~job and family services~~medicaid shall	107216
mail to each hospital by certified mail, return receipt requested,	107217
the preliminary determination of the amount that the hospital is	107218
assessed under section ~~5112.06~~5168.06 of the Revised Code during	107219
the program year. The preliminary determination of a hospital's	107220
assessment shall be calculated for a cost-reporting period that is	107221
specified in rules adopted under section ~~5112.03~~5168.02 of the	107222
Revised Code.	107223

The department shall consult with hospitals each year when	107224
determining the date on which it will mail the preliminary	107225
determinations in order to minimize hospitals' cash flow	107226
difficulties.	107227

If no hospital submits a request for reconsideration under	107228
division (B) of this section, the preliminary determination	107229
constitutes the final reconciliation of each hospital's assessment	107230
under section ~~5112.06~~5168.06 of the Revised Code. The final	107231
reconciliation is subject to adjustments under division (D) of	107232
this section.	107233

(B) Not later than fourteen days after the preliminary	107234
determinations are mailed, any hospital may submit to the	107235
department a written request to reconsider the preliminary	107236
determinations. The request shall be accompanied by written	107237
materials setting forth the basis for the reconsideration. If one	107238
or more hospitals submit a request, the department shall hold a	107239
public hearing not later than thirty days after the preliminary	107240
determinations are mailed to reconsider the preliminary	107241
determinations. The department shall mail to each hospital a	107242
written notice of the date, time, and place of the hearing at	107243
least ten days prior to the hearing. On the basis of the evidence	107244
submitted to the department or presented at the public hearing,	107245
the department shall reconsider and may adjust the preliminary	107246
determinations. The result of the reconsideration is the final	107247
reconciliation of the hospital's assessment under section ~~5112.06~~	107248
5168.06 of the Revised Code. The final reconciliation is subject	107249
to adjustments under division (D) of this section.	107250

(C) The department shall mail to each hospital a written	107251
notice of its assessment for the program year under the final	107252
reconciliation. A hospital may appeal the final reconciliation of	107253
its assessment to the court of common pleas of Franklin county.	107254
While a judicial appeal is pending, the hospital shall pay, in	107255
accordance with the schedules required by division (B) of section	107256
~~5112.06~~5168.06 of the Revised Code, any amount of its assessment	107257
that is not in dispute into the hospital care assurance program	107258
fund created in section ~~5112.18~~5168.11 of the Revised Code.	107259

(D) In the course of any program year, the department may	107260
adjust the assessment rate or rates established in rules pursuant	107261
to section ~~5112.06~~5168.06 of the Revised Code or adjust the	107262
amounts of intergovernmental transfers required under section	107263
~~5112.07~~5168.07 of the Revised Code and, as a result of the	107264
adjustment, adjust each hospital's assessment and	107265
intergovernmental transfer, to reflect refinements made by the	107266
United States health care financing administration during that	107267
program year to the limits it prescribed under ~~subsection (f) of~~	107268
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	107269
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~. When	107270
adjusted, the assessment rate or rates must comply with division	107271
(A) of section ~~5112.06~~5168.06 of the Revised Code. An adjusted	107272
intergovernmental transfer must comply with division (A) of	107273
section ~~5112.07~~5168.07 of the Revised Code. The department shall	107274
notify hospitals of adjustments made under this division and	107275
adjust for the remainder of the program year the installments paid	107276
by hospitals under sections ~~5112.06~~5168.06 and ~~5112.07~~5168.07 of	107277
the Revised Code in accordance with rules adopted under section	107278
~~5112.03~~5168.02 of the Revised Code.	107279

~~Sec. 5112.08.~~ Sec. 5168.09. The medicaid director ~~of job and~~	107280
~~family services~~ shall adopt rules under section ~~5112.03~~5168.02 of	107281
the Revised Code establishing a methodology to pay hospitals that	107282
is sufficient to expend all money in the indigent care pool. Under	107283
the rules:	107284

(A) The department of ~~job and family services~~medicaid may	107285
classify similar hospitals into groups and allocate funds for	107286
distribution within each group.	107287

(B) The department shall establish a method of allocating	107288
funds to hospitals, taking into consideration the relative amount	107289
of indigent care provided by each hospital or group of hospitals.	107290
The amount to be allocated shall be based on any combination of	107291
the following indicators of indigent care that the director	107292
considers appropriate:	107293

(1) Total costs, volume, or proportion of services to	107294
recipients of the medical assistance program, including recipients	107295
enrolled in health insuring corporations;	107296

(2) Total costs, volume, or proportion of services to	107297
low-income patients in addition to medicaid recipients ~~of the~~	107298
~~medical assistance program~~, which may include recipients of Title	107299
V of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	107300
~~301~~701 et seq., ~~as amended,~~ and recipients of disability	107301
financial assistance provided under Chapter 5115. of the Revised	107302
Code;	107303

(3) The amount of uncompensated care provided by the hospital	107304
or group of hospitals;	107305

(4) Other factors that the director considers to be	107306
appropriate indicators of indigent care.	107307

(C) The department shall distribute funds to each hospital or	107308
group of hospitals in a manner that first may provide for an	107309
additional distribution to individual hospitals that provide a	107310
high proportion of indigent care in relation to the total care	107311
provided by the hospital or in relation to other hospitals. The	107312
department shall establish a formula to distribute the remainder	107313
of the funds. The formula shall be consistent with ~~section 1923 of~~	107314
the "Social Security Act," section 1923, 42 U.S.C.A. 1396r-4, as	107315
~~amended,~~and shall be based on any combination of the indicators	107316
of indigent care listed in division (B) of this section that the	107317
director considers appropriate.	107318

(D) The department shall distribute funds to each hospital in	107319
installments not later than ten working days after the deadline	107320
established in rules for each hospital to pay an installment on	107321
its assessment under section ~~5112.06~~5168.06 of the Revised Code.	107322
In the case of a governmental hospital that makes	107323
intergovernmental transfers, the department shall pay an	107324
installment under this section not later than ten working days	107325
after the earlier of that deadline or the deadline established in	107326
rules for the governmental hospital to pay an installment on its	107327
intergovernmental transfer. If the amount in the hospital care	107328
assurance program fund created under section ~~5112.18~~5168.11 of	107329
the Revised Code and the portion of the health care - federal fund	107330
created under section ~~5111.943~~5162.50 of the Revised Code that is	107331
credited to that fund pursuant to division (B) of section ~~5112.18~~	107332
5168.11 of the Revised Code are insufficient to make the total	107333
distributions for which hospitals are eligible to receive in any	107334
period, the department shall reduce the amount of each	107335
distribution by the percentage by which the amount and portion are	107336
insufficient. The department shall distribute to hospitals any	107337
amounts not distributed in the period in which they are due as	107338
soon as moneys are available in the funds.	107339

~~Sec. 5112.11.~~ Sec. 5168.10. Except for moneys deposited into the	107340
legislative budget services fund under section ~~5112.19~~5168.12 of	107341
the Revised Code and the health care services administration fund	107342
created under section ~~5111.94~~5162.54 of the Revised Code, the	107343
department of ~~job and family services~~medicaid shall not use money	107344
paid to the department under sections ~~5112.06~~5168.06 and ~~5112.07~~	107345
5168.07 of the Revised Code or money that the department pays to	107346
hospitals under section ~~5112.08~~5168.09 of the Revised Code to	107347
replace any funds appropriated by the general assembly for the	107348
~~medical assistance~~medicaid program.	107349

~~Sec. 5112.18.~~ Sec. 5168.11. (A) Except as provided in section	107350
~~5112.19~~5168.12 of the Revised Code, all payments of assessments	107351
by hospitals under section ~~5112.06~~5168.06 of the Revised Code and	107352
all intergovernmental transfers under section ~~5112.07~~5168.07 of	107353
the Revised Code shall be deposited in the state treasury to the	107354
credit of the hospital care assurance program fund, hereby	107355
created. All investment earnings of the hospital care assurance	107356
program fund shall be credited to the fund. The department of ~~job~~	107357
~~and family services~~medicaid shall maintain records that show the	107358
amount of money in the hospital care assurance program fund at any	107359
time that has been paid by each hospital and the amount of any	107360
investment earnings on that amount. All moneys credited to the	107361
hospital care assurance program fund shall be used solely to make	107362
payments to hospitals under division (D) of this section and	107363
section ~~5112.08~~5168.09 of the Revised Code.	107364

(B) All federal matching funds received as a result of the	107365
department distributing funds from the hospital care assurance	107366
program fund to hospitals under section ~~5112.08~~5168.09 of the	107367
Revised Code shall be credited to the health care - federal fund	107368
created under section ~~5111.943~~5162.50 of the Revised Code.	107369

(C) All distributions of funds to hospitals under section	107370
~~5112.08~~5168.09 of the Revised Code are conditional on:	107371

(1) Expiration of the time for appeals under section ~~5112.09~~	107372
5168.08 of the Revised Code without the filing of an appeal, or on	107373
court determinations, in the event of appeals, that the hospital	107374
is entitled to the funds;	107375

(2) The sum of the following being sufficient to distribute	107376
the funds after the final determination of any appeals:	107377

(a) The available money in the hospital care assurance	107378
program fund;	107379

(b) The available portion of the money in the health care -	107380
federal fund that is credited to that fund pursuant to division	107381
(B) of this section.	107382

(3) The hospital's compliance with section ~~5112.17~~5168.14 of	107383
the Revised Code.	107384

(D) If an audit conducted by the department of the amounts of	107385
payments made and funds received by hospitals under sections	107386
~~5112.06~~5168.06, ~~5112.07~~5168.07, and ~~5112.08~~5168.09 of the	107387
Revised Code identifies amounts that, due to errors by the	107388
department, a hospital should not have been required to pay but	107389
did pay, should have been required to pay but did not pay, should	107390
not have received but did receive, or should have received but did	107391
not receive, the department shall:	107392

(1) Make payments to any hospital that the audit reveals paid	107393
amounts it should not have been required to pay or did not receive	107394
amounts it should have received;	107395

(2) Take action to recover from a hospital any amounts that	107396
the audit reveals it should have been required to pay but did not	107397
pay or that it should not have received but did receive.	107398

Payments made under division (D)(1) of this section shall be	107399
made from the hospital care assurance program fund. Amounts	107400
recovered under division (D)(2) of this section shall be deposited	107401
to the credit of that fund. Any hospital may appeal the amount the	107402
hospital is to be paid under division (D)(1) or the amount that is	107403
to be recovered from the hospital under division (D)(2) of this	107404
section to the court of common pleas of Franklin county.	107405

~~Sec. 5112.19.~~ Sec. 5168.12. From the first installment of	107406
assessments paid under section ~~5112.06~~5168.06 of the Revised Code	107407
and intergovernmental transfers made under section ~~5112.07~~5168.07	107408
of the Revised Code during each program year beginning in an	107409
odd-numbered calendar year, the department of ~~job and family~~	107410
~~services~~medicaid shall deposit into the state treasury to the	107411
credit of the legislative budget services fund, which is hereby	107412
created, a total amount equal to the amount by which the biennial	107413
appropriation from that fund exceeds the amount of unexpended,	107414
unencumbered moneys in that fund. All investment earnings of the	107415
legislative budget services fund shall be credited to that fund.	107416
Money in the legislative budget services fund shall be used solely	107417
to pay the expenses of the legislative budget office of the	107418
legislative service commission.	107419

~~Sec. 5112.21.~~ Sec. 5168.13. Except as specifically required by	107420
sections ~~5112.01~~5168.01 to ~~5112.19~~5168.14 of the Revised Code,	107421
information filed under those sections shall not include any	107422
patient-identifying material. Information that includes	107423
patient-identifying material is not a public record under section	107424
149.43 of the Revised Code, and no patient-identifying material	107425
shall be released publicly by the department of ~~job and family~~	107426
~~services~~medicaid or by any person under contract with the	107427
department who has access to such information.	107428

~~Sec. 5112.17.~~ Sec. 5168.14. (A) ~~As used in this section:~~

107429

~~(1) "Federal poverty guideline" means the official poverty~~	107430
~~guideline as revised annually by the United States secretary of~~	107431
~~health and human services in accordance with section 673 of the~~	107432
~~"Community Service Block Grant Act," 95 Stat. 511 (1981), 42~~	107433
~~U.S.C.A. 9902, as amended, for a family size equal to the size of~~	107434
~~the family of the person whose income is being determined.~~	107435

~~(2) "Third-party payer" means any private or public entity or~~	107436
~~program that may be liable by law or contract to make payment to~~	107437
~~or on behalf of an individual for health care services.~~	107438
~~"Third-party payer" does not include a hospital.~~	107439

~~(B)~~ Each hospital that receives funds distributed under	107440
sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the Revised Code	107441
shall provide, without charge to the individual, basic, medically	107442
necessary hospital-level services to individuals who are residents	107443
of this state, are not medicaid recipients ~~of the medical~~	107444
~~assistance program~~, and whose income is at or below the federal	107445
poverty ~~guideline~~line. Recipients of disability financial	107446
assistance provided under Chapter 5115. of the Revised Code	107447
qualify for services under this section. The medicaid director of	107448
~~job and family services~~ shall adopt rules under section ~~5112.03~~	107449
5168.02 of the Revised Code specifying the hospital services to be	107450
provided under this section.	107451

~~(C)~~(B) Nothing in this section shall be construed to prevent	107452
a hospital from requiring an individual to apply for ~~eligibility~~	107453
~~under~~ the ~~medical assistance~~medicaid program before the hospital	107454
processes an application under this section. Hospitals may bill	107455
any third-party payer for services rendered under this section.	107456
Hospitals may bill the ~~medical assistance~~medicaid program, in	107457
accordance with ~~Chapter 5111. of the Revised Code~~state statutes	107458
governing the medicaid program and ~~the~~ rules adopted under ~~that~~	107459
~~chapter~~those statutes, for medicaid services rendered under this	107460
section if the individual becomes a medicaid recipient ~~of the~~	107461
~~program~~. Hospitals may bill individuals for services under this	107462
section if all of the following apply:	107463

(1) The hospital has an established post-billing procedure	107464
for determining the individual's income and canceling the charges	107465
if the individual is found to qualify for services under this	107466
section.	107467

(2) The initial bill, and at least the first follow-up bill,	107468
is accompanied by a written statement that does all of the	107469
following:	107470

(a) Explains that individuals with income at or below the	107471
federal poverty ~~guideline~~line are eligible for services without	107472
charge;	107473

(b) Specifies the federal poverty ~~guideline~~line for	107474
individuals and families of various sizes at the time the bill is	107475
sent;	107476

(c) Describes the procedure required by division (C)(1) of	107477
this section.	107478

(3) The hospital complies with any additional rules ~~the~~	107479
~~department adopts~~adopted under section ~~5112.03~~5168.02 of the	107480
Revised Code.	107481

Notwithstanding division (B) of this section, a hospital	107482
providing care to an individual under this section is subrogated	107483
to the rights of any individual to receive compensation or	107484
benefits from any person or governmental entity for the hospital	107485
goods and services rendered.	107486

~~(D)~~(C) Each hospital shall collect and report to the	107487
department of medicaid, in the form and manner prescribed by the	107488
department, information on the number and identity of patients	107489
served pursuant to this section.	107490

~~(E)~~(D) This section applies beginning May 22, 1992,	107491
regardless of whether ~~the department has adopted~~ rules specifying	107492
the services to be provided have been adopted. Nothing in this	107493
section alters the scope or limits the obligation of any	107494
governmental entity or program, including the program awarding	107495
reparations to victims of crime under sections 2743.51 to 2743.72	107496
of the Revised Code and the program for medically handicapped	107497
children established under section 3701.023 of the Revised Code,	107498
to pay for hospital services in accordance with state or local	107499
law.	107500

~~Sec. 5112.40.~~ Sec. 5168.20. As used in sections ~~5112.40~~5168.20 to	107501
~~5112.48~~5168.28 of the Revised Code:	107502

(A) "Applicable assessment percentage" means the percentage	107503
specified in rules adopted under section ~~5112.46~~5168.26 of the	107504
Revised Code that is used in calculating a hospital's assessment	107505
under section ~~5112.41~~5168.21 of the Revised Code.	107506

(B) "Assessment program year" means the twelve-month period	107507
beginning the first day of October of a calendar year and ending	107508
the last day of September of the following calendar year.	107509

(C) "Cost reporting period" means the period of time used by	107510
a hospital in reporting costs for purposes of the medicare	107511
program.	107512

(D) "Federal fiscal year" means the twelve-month period	107513
beginning the first day of October of a calendar year and ending	107514
the last day of September of the following calendar year.	107515

(E)(1) Except as provided in division (E)(2) of this section,	107516
"hospital" means a hospital to which any of the following applies:	107517

(a) The hospital is registered under section 3701.07 of the	107518
Revised Code as a general medical and surgical hospital or a	107519
pediatric general hospital and provides inpatient hospital	107520
services, as defined in 42 C.F.R. 440.10.	107521

(b) The hospital is recognized under the medicare program as	107522
a cancer hospital and is exempt from the medicare prospective	107523
payment system.	107524

(c) The hospital is a psychiatric hospital licensed under	107525
section ~~5119.20~~5119.33 of the Revised Code.	107526

(2) "Hospital" does not include either of the following:

107527

(a) A federal hospital;

107528

(b) A hospital that does not charge any of its patients for	107529
its services.	107530

(F) "Hospital care assurance program" means the program	107531
established under sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of	107532
the Revised Code.	107533

(G) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	107534
~~the Revised Code.~~	107535

~~(H) "Medicare" means the program established under Title~~	107536
~~XVIII of the Social Security Act.~~	107537

~~(I)~~ "State fiscal year" means the twelve-month period	107538
beginning the first day of July of a calendar year and ending the	107539
last day of June of the following calendar year.	107540

~~(J)~~(H)(1) Except as provided in divisions ~~(J)~~(H)(2) and (3)	107541
of this section, "total facility costs" means the total costs to a	107542
hospital for all care provided to all patients, including the	107543
direct, indirect, and overhead costs to the hospital of all	107544
services, supplies, equipment, and capital related to the care of	107545
patients, regardless of whether patients are enrolled in a health	107546
insuring corporation.	107547

(2) "Total facility costs" excludes all of the following of a	107548
hospital's costs as shown on the cost-reporting data used for	107549
purposes of determining the hospital's assessment under section	107550
~~5112.41~~5168.21 of the Revised Code:	107551

(a) Skilled nursing services provided in distinct-part	107552
nursing facility units;	107553

(b) Home health services;

107554

107555

(d) Ambulance services;

107556

(e) Renting durable medical equipment;

107557

(f) Selling durable medical equipment.

107558

(3) "Total facility costs" excludes any costs excluded from a	107559
hospital's total facility costs pursuant to rules, if any, adopted	107560
under division (B)(1) of section ~~5112.46~~5168.26 of the Revised	107561
Code.	107562

~~Sec. 5112.41.~~ Sec. 5168.21. (A) For the purposes specified in	107563
section ~~5112.45~~5168.25 of the Revised Code and subject to	107564
section ~~5112.48~~5168.28 of the Revised Code, there is hereby	107565
imposed an assessment on all hospitals each assessment program	107566
year. The amount of a hospital's assessment for an assessment	107567
program year shall equal the applicable assessment percentage of	107568
the hospital's total facility costs for the period of time	107569
specified in division (B) of this section. The amount of a	107570
hospital's total facility costs shall be derived from	107571
cost-reporting data for the hospital submitted to the department	107572
of ~~job and family services~~medicaid for purposes of the hospital	107573
care assurance program. If a hospital has not submitted that	107574
cost-reporting data to the department, the amount of a hospital's	107575
total facility costs shall be derived from other financial	107576
statements that the hospital shall provide to the department as	107577
directed by the department. The cost-reporting data or financial	107578
statements used to determine a hospital's assessment is subject to	107579
the same type of adjustments made to the cost-reporting data under	107580
the hospital care assurance program.	107581

(B) The period of time specified in this division is the	107582
hospital's cost reporting period that ends in the state fiscal	107583
year that ends in the federal fiscal year that precedes the	107584
federal fiscal year that precedes the assessment program year for	107585
which the assessment is imposed.	107586

(C) The assessment imposed by this section on a hospital is	107587
in addition to the assessment imposed by section ~~5112.06~~5168.06	107588
of the Revised Code.	107589

~~Sec. 5112.42.~~ Sec. 5168.22. (A) Before or during each assessment	107590
program year, the department of ~~job and family services~~medicaid	107591
shall mail to each hospital by certified mail, return receipt	107592
requested, the preliminary determination of the amount that the	107593
hospital is assessed under section ~~5112.41~~5168.21 of the Revised	107594
Code for the assessment program year. Except as provided in	107595
division (B) of this section, the preliminary determination	107596
becomes the final determination for the assessment program year	107597
fifteen days after the preliminary determination is mailed to the	107598
hospital.	107599

(B) A hospital may request that the department reconsider the	107600
preliminary determination mailed to the hospital under division	107601
(A) of this section by submitting to the department a written	107602
request for a reconsideration not later than fourteen days after	107603
the hospital's preliminary determination is mailed to the	107604
hospital. The request must be accompanied by written materials	107605
setting forth the basis for the reconsideration. On receipt of the	107606
timely request, the department shall reconsider the preliminary	107607
determination and may adjust the preliminary determination on the	107608
basis of the written materials accompanying the request. The	107609
result of the reconsideration is the final determination of the	107610
hospital's assessment under section ~~5112.41~~5168.21 of the Revised	107611
Code for the assessment program year.	107612

(C) The department shall mail to each hospital a written	107613
notice of the final determination of its assessment for the	107614
assessment program year. A hospital may appeal the final	107615
determination to the court of common pleas of Franklin county.	107616
While a judicial appeal is pending, the hospital shall pay, in	107617
accordance with section ~~5112.43~~5168.23 of the Revised Code, any	107618
amount of its assessment that is not in dispute.	107619

~~Sec. 5112.43.~~ Sec. 5168.23. Unless rules adopted under section	107620
~~5112.46~~5168.26 of the Revised Code establish a different payment	107621
schedule, each hospital shall pay the amount it is assessed under	107622
section ~~5112.41~~5168.21 of the Revised Code in accordance with the	107623
following payment schedule:	107624

(A) Twenty-eight per cent of a hospital's assessment is due	107625
on the last business day of October of each assessment program	107626
year.	107627

(B) Thirty-one per cent of a hospital's assessment is due on	107628
the last business day of February of each assessment program year.	107629

(C) Forty-one per cent of a hospital's assessment is due on	107630
the last business day of May of each assessment program year.	107631

~~Sec. 5112.44.~~ Sec. 5168.24. The department of ~~job and family~~	107632
~~services~~medicaid may audit a hospital to ensure that the hospital	107633
properly pays the amount it is assessed under section ~~5112.41~~	107634
5168.21 of the Revised Code. The department shall take action to	107635
recover from a hospital any amount the audit reveals that the	107636
hospital should have paid but did not pay.	107637

~~Sec. 5112.45.~~ Sec. 5168.25. There is hereby created in the state	107638
treasury the hospital assessment fund. All installment payments	107639
made by hospitals under section ~~5112.43~~5168.23 of the Revised	107640
Code and all recoveries the department of ~~job and family services~~	107641
medicaid makes under section ~~5112.44~~5168.24 of the Revised Code	107642
shall be deposited into the fund. All investment earnings of the	107643
fund shall be credited to the fund. The department shall use money	107644
in the fund to pay for the costs of the medicaid program,	107645
including the program's administrative costs.	107646

~~Sec. 5112.46.~~ Sec. 5168.26. (A) The ~~director of job and family~~	107647
~~services shall adopt, amend, and rescind~~medicaid director shall	107648
adopt rules in accordance with Chapter 119. of the Revised Code as	107649
necessary to implement sections ~~5112.40~~5168.20 to ~~5112.48~~5168.28	107650
of the Revised Code, including rules that specify the percentage	107651
of hospitals' total facility costs to be used in calculating	107652
hospitals' assessments under section ~~5112.41~~5168.21 of the	107653
Revised Code.	107654

(B) The rules adopted under this section may do the	107655
following:	107656

(1) Provide that a hospital's total facility costs for the	107657
purpose of the assessment under section ~~5112.41~~5168.21 of the	107658
Revised Code exclude any of the following:	107659

(a) A hospital's costs associated with providing care to	107660
recipients of any of the following:	107661

(i) The medicaid program;

107662

(ii) The medicare program;

107663

(iii) The disability financial assistance program established	107664
under Chapter 5115. of the Revised Code;	107665

(iv) The program for medically handicapped children	107666
established under section 3701.023 of the Revised Code;	107667

(v) Services provided under the maternal and child health	107668
services block grant established under Title V of the "Social	107669
Security Act," 42 U.S.C. 701 et seq.	107670

(b) Any other category of hospital costs the director deems	107671
appropriate under federal law and regulations governing the	107672
medicaid program.	107673

(2) Subject to division (C) of this section, provide for the	107674
percentage of hospitals' total facility costs used in calculating	107675
hospitals' assessments to vary for different hospitals;	107676

(3) To reduce hospitals' cash flow difficulties, establish a	107677
schedule for hospitals to pay their assessments that is different	107678
from the schedule established under section ~~5112.43~~5168.23 of the	107679
Revised Code.	107680

(C) Before adopting rules authorized by division (B)(2) of	107681
this section that establish varied percentages to be used in	107682
calculating hospitals' assessments, the director shall obtain a	107683
waiver from the United States secretary of health and human	107684
services under ~~section 1903(w)(3)(E) of~~ the "Social Security Act,"	107685
~~105 Stat. 1796 (1991)~~section 1903(w)(3)(E), 42 U.S.C.	107686
1396b(w)(3)(E), ~~as amended,~~ if the varied percentages would cause	107687
the assessments to not be imposed uniformly.	107688

~~Sec. 5112.47.~~ Sec. 5168.27. The medicaid director ~~of job and~~	107689
~~family services~~ shall implement the assessment imposed by section	107690
~~5112.41~~5168.21 of the Revised Code in a manner that does not	107691
cause a reduction in federal financial participation for the	107692
medicaid program under the "Social Security Act," section 1903(w),	107693
42 U.S.C. 1396b(w).	107694

~~Sec. 5112.48.~~ Sec. 5168.28. If the United States secretary of	107695
health and human services determines that the assessment imposed	107696
by section ~~5112.41~~5168.21 of the Revised Code is an	107697
impermissible health care-related tax under the "Social Security	107698
Act," section 1903(w), 42 U.S.C. 1396b(w), the medicaid director	107699
~~of job and family services~~ shall take all necessary actions to	107700
cease implementation of sections ~~5112.40~~5168.20 to ~~5112.47~~	107701
5168.27 of the Revised Code and shall promptly refund to each	107702
hospital the amount of money in the hospital assessment fund at	107703
the time the refund is to be made that the hospital paid under	107704
section ~~5112.43~~5168.23 of the Revised Code, plus any	107705
corresponding investment earnings on that amount.	107706

~~Sec. 3721.50.~~ Sec. 5168.40. As used in sections ~~3721.50~~5168.40 to	107707
~~3721.58~~5168.56 of the Revised Code:	107708

(A) "Bed surrender" means the following:

107709

(1) In the case of a nursing home, the removal of a bed from	107710
a nursing home's licensed capacity in a manner that reduces the	107711
total licensed capacity of all nursing homes;	107712

(2) In the case of a hospital, the removal of a hospital bed	107713
from registration under section 3701.07 of the Revised Code as a	107714
skilled nursing facility bed or long-term care bed in a manner	107715
that reduces the total number of hospital beds registered under	107716
that section as skilled nursing facility beds or long-term care	107717
beds.	107718

(B) "Change of operator" means an entering operator becoming	107719
the operator of a nursing home or hospital in the place of the	107720
exiting operator.	107721

(1) Actions that constitute a change of operator include the	107722
following:	107723

(a) A change in an exiting operator's form of legal	107724
organization, including the formation of a partnership or	107725
corporation from a sole proprietorship;	107726

(b) A transfer of all the exiting operator's ownership	107727
interest in the operation of the nursing home or hospital to the	107728
entering operator, regardless of whether ownership of any or all	107729
of the real property or personal property associated with the	107730
nursing home or hospital is also transferred;	107731

(c) A lease of the nursing home or hospital to the entering	107732
operator or the exiting operator's termination of the exiting	107733
operator's lease;	107734

(d) If the exiting operator is a partnership, dissolution of	107735
the partnership;	107736

(e) If the exiting operator is a partnership, a change in	107737
composition of the partnership unless both of the following apply:	107738

(i) The change in composition does not cause the	107739
partnership's dissolution under state law.	107740

(ii) The partners agree that the change in composition does	107741
not constitute a change in operator.	107742

(f) If the operator is a corporation, dissolution of the	107743
corporation, a merger of the corporation into another corporation	107744
that is the survivor of the merger, or a consolidation of one or	107745
more other corporations to form a new corporation.	107746

(2) The following, alone, do not constitute a change of	107747
operator:	107748

(a) A contract for an entity to manage a nursing home or	107749
hospital as the operator's agent, subject to the operator's	107750
approval of daily operating and management decisions;	107751

(b) A change of ownership, lease, or termination of a lease	107752
of real property or personal property associated with a nursing	107753
home or hospital if an entering operator does not become the	107754
operator in place of an exiting operator;	107755

(c) If the operator is a corporation, a change of one or more	107756
members of the corporation's governing body or transfer of	107757
ownership of one or more shares of the corporation's stock, if the	107758
same corporation continues to be the operator.	107759

(C) "Effective date of a change of operator" means the day an	107760
entering operator becomes the operator of a nursing home or	107761
hospital.	107762

(D) "Entering operator" means the person or government entity	107763
that will become the operator of a nursing home or hospital on the	107764
effective date of a change of operator.	107765

(E) "Exiting operator" means an operator that will cease to	107766
be the operator of a nursing home or hospital on the effective	107767
date of a change of operator.	107768

(F) "Franchise permit fee rate" means the ~~following:~~

107769

~~(1) For fiscal year 2012, eleven dollars and forty-seven~~	107770
~~cents;~~	107771

~~(2) For fiscal year 2013 and each fiscal year thereafter,~~	107772
~~eleven dollars and sixty-seven cents~~rate determined in accordance	107773
with section 5168.41 of the Revised Code.	107774

(G) "Hospital" has the same meaning as in section 3727.01 of	107775
the Revised Code.	107776

(H) "Hospital long-term care unit" means any distinct part of	107777
a hospital in which any of the following beds are located:	107778

(1) Beds registered pursuant to section 3701.07 of the	107779
Revised Code as skilled nursing facility beds or long-term care	107780
beds;	107781

(2) Beds licensed as nursing home beds under section 3721.02	107782
or 3721.09 of the Revised Code.	107783

(I) "Indirect guarantee percentage" means the percentage	107784
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	107785
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	107786
1396b(w)(4)(C)(ii), that is to be used in determining whether a	107787
class of providers is indirectly held harmless for any portion of	107788
the costs of a broad-based health-care-related tax. If the	107789
indirect guarantee percentage changes during a fiscal year, the	107790
indirect guarantee percentage is the following:	107791

(1) For the part of the fiscal year before the change takes	107792
effect, the percentage in effect before the change;	107793

(2) For the part of the fiscal year beginning with the date	107794
the indirect guarantee percentage changes, the new percentage.	107795

(J) "Medicaid days" ~~has the same meaning as in section~~	107796
~~5111.01 of the Revised Code.~~	107797

~~(K) "Medicare" means the program established by Title XVIII.~~

107798

~~(L)~~and "~~Nursing~~nursing facility" ~~has~~have the same ~~meaning~~	107799
meanings as in section ~~5111.20~~5165.01 of the Revised Code.	107800

~~(M)~~(K)(1) "Nursing home" means all of the following:

107801

(a) A nursing home licensed under section 3721.02 or 3721.09	107802
of the Revised Code, including any part of a home for the aging	107803
licensed as a nursing home;	107804

(b) A facility or part of a facility, other than a hospital,	107805
that is certified as a skilled nursing facility under Title XVIII;	107806

(c) A nursing facility, other than a portion of a hospital	107807
certified as a nursing facility.	107808

(2) "Nursing home" does not include either of the following:

107809

(a) A county home, county nursing home, or district home	107810
operated pursuant to Chapter 5155. of the Revised Code;	107811

(b) A nursing home maintained and operated by the department	107812
of veterans services under section 5907.01 of the Revised Code.	107813

~~(N)~~(L) "Operator" means the person or government entity	107814
responsible for the daily operating and management decisions for a	107815
nursing home or hospital.	107816

~~(O)~~(M) "Title XIX" means Title XIX of the "Social Security	107817
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	107818

~~(P)~~(N) "Title XVIII" means Title XVIII of the "Social	107819
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	107820
seq.	107821

Sec. 5168.41. (A) The franchise permit fee rate shall be	107822
determined for each fiscal year as follows:	107823

(1) Determine the estimated total net patient revenues for	107824
all nursing homes and hospital long-term care units for the fiscal	107825
year;	107826

(2) Multiply the estimated total net patient revenues	107827
determined under division (A)(1) of this section by the lesser of	107828
the following:	107829

(a) The indirect guarantee percentage;

107830

(b) Six per cent.

107831

(3) Divide the product determined under division (A)(2) of	107832
this section by the number of days in the fiscal year;	107833

(4) Determine the sum of the following:

107834

(a) The total number of beds in all nursing homes and	107835
hospital long-term care units that are subject to the franchise	107836
permit fee for the fiscal year;	107837

(b) The total number of nursing home beds that are exempt	107838
from the franchise permit fee for the fiscal year because of the	107839
waiver obtained pursuant to section 5168.43 of the Revised Code.	107840

(5) Divide the quotient determined under division (A)(3) of	107841
this section by the sum determined under division (A)(4) of this	107842
section.	107843

(B) In determining the estimated total net patient revenues	107844
for all nursing homes and hospital long-term care units for a	107845
fiscal year, the department of medicaid shall use at least all of	107846
the following:	107847

(1) Information from medicaid cost reports filed under	107848
section 5165.10 of the Revised Code that are the most recent at	107849
the time the determination is made;	107850

(2) The projected total medicaid payment rates for nursing	107851
facility services for the fiscal year;	107852

(3) The projected total number of medicaid days for the	107853
fiscal year.	107854

~~Sec. 3721.51.~~ Sec. 5168.42. The department of ~~job and family~~	107855
~~services~~medicaid shall do all of the following:	107856

(A) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	107857
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	107858
of this section and for the purposes specified in section ~~3721.56~~	107859
5168.54 of the Revised Code, determine an annual franchise permit	107860
fee on each nursing home in an amount equal to the franchise	107861
permit fee rate multiplied by the product of the following:	107862

(1) The number of beds licensed as nursing home beds, plus	107863
any other beds certified as skilled nursing facility beds under	107864
Title XVIII or nursing facility beds under Title XIX on the first	107865
day of May of the calendar year in which the fee is determined	107866
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	107867
Code;	107868

(2) The number of days in the fiscal year beginning on the	107869
first day of July of the calendar year in which the fee is	107870
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	107871
the Revised Code.	107872

(B) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	107873
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	107874
of this section and for the purposes specified in section ~~3721.56~~	107875
5168.54 of the Revised Code, determine an annual franchise permit	107876
fee on each hospital in an amount equal to the franchise permit	107877
fee rate multiplied by the product of the following:	107878

(1) The number of beds registered pursuant to section 3701.07	107879
of the Revised Code as skilled nursing facility beds or long-term	107880
care beds, plus any other beds licensed as nursing home beds under	107881
section 3721.02 or 3721.09 of the Revised Code, on the first day	107882
of May of the calendar year in which the fee is determined	107883
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	107884
Code;	107885

(2) The number of days in the fiscal year beginning on the	107886
first day of July of the calendar year in which the fee is	107887
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	107888
the Revised Code.	107889

(C) If the total amount of the franchise permit fee assessed	107890
under divisions (A) and (B) of this section for a fiscal year	107891
exceeds the indirect guarantee percentage of the actual net	107892
patient revenue for all nursing homes and hospital long-term care	107893
units for that fiscal year and seventy-five per cent or more of	107894
the combined total number of nursing homes and hospital long-term	107895
care units receive enhanced medicaid payments or other state	107896
payments equal to seventy-five per cent or more of their total	107897
franchise permit fee assessments, do both of the following:	107898

(1) Recalculate the assessments under divisions (A) and (B)	107899
of this section using a per bed per day rate equal to the indirect	107900
guarantee percentage of actual net patient revenue for all nursing	107901
homes and hospital long-term care units for that fiscal year;	107902

(2) Refund the difference between the amount of the franchise	107903
permit fee assessed for that fiscal year under divisions (A) and	107904
(B) of this section and the amount recalculated under division	107905
(C)(1) of this section as a credit against the assessments imposed	107906
under divisions (A) and (B) of this section for the subsequent	107907
fiscal year.	107908

(D) If the United States centers for medicare and medicaid	107909
services determines that the franchise permit fee established by	107910
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code is	107911
an impermissible health care-related tax under ~~section 1903(w) of~~	107912
the "Social Security Act," ~~49 Stat. 620 (1935)~~section 1903(w), 42	107913
U.S.C. 1396b(w), ~~as amended,~~ take all necessary actions to cease	107914
implementation of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of	107915
the Revised Code in accordance with rules adopted under section	107916
~~3721.58~~5168.56 of the Revised Code.	107917

~~Sec. 3721.511.~~ Sec. 5168.43. (A) Not later than four months after	107918
July 17, 2009, the department of ~~job and family services~~medicaid	107919
shall apply to the United States secretary of health and human	107920
services for a waiver under the "Social Security Act," section	107921
1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both	107922
of the following regarding the franchise permit fee assessed under	107923
section ~~3721.51~~5168.42 of the Revised Code:	107924

(1) Reduce the franchise permit fee rate to zero dollars for	107925
each nursing home licensed under section 3721.02 or 3721.09 of the	107926
Revised Code to which either of the following applies:	107927

(a) The nursing home:

107928

(i) Is exempt from state taxation under section 140.08 of the	107929
Revised Code or is exempt from state taxation as a home for the	107930
aged as defined in section 5701.13 of the Revised Code;	107931

(ii) Is exempt from federal income taxation under section 501	107932
of the Internal Revenue Code of 1986;	107933

(iii) Does not participate in medicaid or medicare; and

107934

(iv) Provides services for the life of each resident without	107935
regard to the resident's ability to secure payment for the	107936
services.	107937

(b) The nursing home:

107938

(i) Has had a written affiliation agreement with a university	107939
in this state for education and research related to Alzheimer's	107940
disease for each of the twenty years preceding July 17, 2009, and	107941
has such an agreement on July 17, 2009;	107942

(ii) Was constructed pursuant to a certificate of need	107943
granted under Section 3 of Am. Sub. S.B. 256 of the 116th general	107944
assembly; and	107945

(iii) Does not participate in medicaid or medicare.

107946

(2) For each nursing facility with more than two hundred beds	107947
certified as nursing facility beds under Title XIX, reduce the	107948
franchise permit fee rate for a number of the nursing facility's	107949
beds specified by the department to the amount necessary to obtain	107950
approval of the waiver sought under this section.	107951

(B) The effective date of the waiver sought under this	107952
section shall be the first day of the quarter beginning after the	107953
United States secretary approves the waiver.	107954

~~Sec. 3721.512.~~ Sec. 5168.44. If the United States secretary of	107955
health and human services approves the waiver sought under section	107956
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	107957
~~family services~~medicaid shall, for each nursing home and hospital	107958
that qualifies for a reduction of its franchise permit fee rate	107959
under the waiver, reduce the franchise permit fee rate in	107960
accordance with the terms of the waiver. For purposes of the first	107961
fiscal year during which the waiver takes effect, the department	107962
shall determine the amount of the reduction not later than the	107963
effective date of the waiver and shall mail to each nursing home	107964
and hospital qualifying for the reduction notice of the reduction	107965
not later than the last day of the first month of the quarter that	107966
begins after the United States secretary approves the waiver. For	107967
purposes of subsequent fiscal years, the department shall make	107968
such determinations and mail such notices in accordance with	107969
section ~~3721.53~~5168.47 of the Revised Code.	107970

~~Sec. 3721.513.~~ Sec. 5168.45. (A) If the United States secretary of	107971
health and human services approves the waiver sought under section	107972
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	107973
~~family services~~medicaid may do both of the following regarding	107974
the franchise permit fee assessed under section ~~3721.51~~5168.42 of	107975
the Revised Code:	107976

(1) Determine how much money the franchise permit fee would	107977
have raised in a fiscal year if not for the waiver;	107978

(2) For each nursing home and hospital subject to the	107979
franchise permit fee, other than a nursing home or hospital that	107980
has its franchise permit fee rate reduced under section ~~3721.512~~	107981
5168.44 of the Revised Code, uniformly increase the amount of the	107982
franchise permit fee rate for a fiscal year to an amount that will	107983
have the franchise permit fee raise an amount of money that does	107984
not exceed the amount determined under division (A)(1) of this	107985
section for that fiscal year.	107986

(B) If the department increases the franchise permit fee rate	107987
in accordance with division (A) of this section for the first	107988
fiscal year during which the waiver takes effect, the department	107989
shall determine the amount of the increase not later than the	107990
effective date of the waiver and shall mail to each nursing home	107991
and hospital subject to the increase notice of the increase not	107992
later than the last day of the first month of the quarter that	107993
begins after the United States secretary approves the waiver. If	107994
the department increases the franchise permit fee rate in	107995
accordance with division (A) of this section for a subsequent	107996
fiscal year, the department shall make such determinations and	107997
mail such notices in accordance with section ~~3721.53~~5168.47 of	107998
the Revised Code.	107999

~~Sec. 3721.52.~~ Sec. 5168.46. The department of health shall do all	108000
of the following:	108001

(A) For the purpose of the determinations made under	108002
divisions (A) and (B) of section ~~3721.51~~5168.42 of the Revised	108003
Code and not later than the first day of each June, report to the	108004
department of ~~job and family services~~medicaid the following:	108005

(1) For each nursing home, the number of beds in the nursing	108006
home licensed on the preceding first day of May under section	108007
3721.02 or 3721.09 of the Revised Code or certified on that date	108008
under Title XVIII or Title XIX;	108009

(2) For each hospital, the number of beds in the hospital	108010
registered on the preceding first day of May pursuant to section	108011
3701.07 of the Revised Code as skilled nursing facility or	108012
long-term care beds or licensed on that date under section 3721.02	108013
or 3721.09 of the Revised Code as nursing home beds.	108014

(B) For the purpose of the redetermination under section	108015
~~3721.531~~5168.48 of the Revised Code and not later than the	108016
fifteenth day of each January, report to the department of ~~job and~~	108017
~~family services~~medicaid, for each nursing home and hospital, the	108018
number of beds for which a bed surrender occurred during the	108019
period beginning on the first day of May of the preceding calendar	108020
year and ending on the first day of January of the calendar year	108021
in which the redetermination is made.	108022

~~Sec. 3721.53.~~ Sec. 5168.47. (A) Not later than the fifteenth day	108023
of September of each year, the department of ~~job and family~~	108024
~~services~~medicaid shall determine the annual franchise permit fee	108025
for each nursing home and hospital in accordance with section	108026
~~3721.51~~5168.42 of the Revised Code and any adjustments made in	108027
accordance with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of	108028
the Revised Code.	108029

(B) Not later than the first day of October of each year, the	108030
department shall mail to each nursing home and hospital notice of	108031
the amount of the franchise permit fee that has been determined	108032
for the nursing home or hospital.	108033

(C) Subject to section ~~3721.531~~5168.48 of the Revised Code,	108034
each nursing home and hospital shall pay its fee under section	108035
~~3721.51~~5168.42 of the Revised Code, as adjusted in accordance	108036
with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	108037
Revised Code, to the department in four installment payments not	108038
later than forty-five days after the last day of each October,	108039
December, March, and June.	108040

~~Sec. 3721.531.~~ Sec. 5168.48. (A) Not later than the last day of	108041
February of each year, the department of ~~job and family services~~	108042
medicaid shall redetermine each nursing home's and hospital's	108043
franchise permit fee if one or more bed surrenders occur during	108044
the period beginning on the first day of May of the preceding	108045
calendar year and ending on the first day of January of the	108046
calendar year in which the redetermination is made.	108047

(B) In redetermining nursing homes' and hospitals' franchise	108048
permit fees under this section, the department shall do both of	108049
the following:	108050

(1) Provide for the redetermination to be conducted in a	108051
manner consistent with the terms of the waiver sought under	108052
section ~~3721.511~~5168.43 of the Revised Code;	108053

(2) Recalculate each nursing home's and hospital's franchise	108054
permit fee in accordance with division (A) or (B) of section	108055
~~3721.51~~5168.42 of the Revised Code with the following changes:	108056

(a) In the case of a nursing home or hospital for which one	108057
or more bed surrenders occurred during the period beginning on the	108058
first day of May of the preceding calendar year and ending on the	108059
first day of January of the calendar year in which the	108060
redetermination is made, the number of beds included in the	108061
calculation for the purpose of division (A)(1) or (B)(1) of	108062
section ~~3721.51~~5168.42 of the Revised Code shall exclude the beds	108063
for which bed surrenders occurred during that period.	108064

(b) The number of days used in the calculation under division	108065
(A)(2) or (B)(2) of section ~~3721.51~~5168.42 of the Revised Code	108066
shall be the number of days in the first half of the calendar year	108067
in which the redetermination is made.	108068

(c) The franchise permit fee rate shall reflect adjustments	108069
made under sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	108070
Revised Code.	108071

(C) Not later than the first day of March of each year, the	108072
department shall mail to each nursing home and hospital notice of	108073
the amount of its redetermined franchise permit fee.	108074

(D) Each nursing home and hospital shall pay its redetermined	108075
fee to the department in two installment payments not later than	108076
forty-five days after the last day of March and June of the	108077
calendar year in which the redetermination is made.	108078

~~Sec. 3721.532.~~ Sec. 5168.49. If a nursing home or hospital	108079
undergoes a change of operator during a fiscal year, the	108080
responsibility for paying the franchise permit fee that was	108081
determined for the nursing home or hospital under section ~~3721.53~~	108082
5168.47 of the Revised Code, or redetermined for the nursing home	108083
or hospital under section ~~3721.531~~5168.48 of the Revised Code,	108084
for that fiscal year shall be divided proportionally. The exiting	108085
operator shall be responsible for paying the amount of the fee	108086
that is for the part of the fiscal year that ends on the day	108087
before the effective date of the change of operator. The entering	108088
operator shall be responsible for paying the amount of the fee	108089
that is for the part of the fiscal year that begins on the	108090
effective date of the change of operator. The department of ~~job~~	108091
~~and family services~~medicaid is not required to mail a notice to	108092
the entering operator regarding the amount of that fiscal year's	108093
fee for which the entering operator is responsible.	108094

~~Sec. 3721.533.~~ Sec. 5168.50. No nursing home or hospital shall	108095
directly bill its residents for the franchise permit fee paid	108096
under section ~~3721.53~~5168.47 or ~~3721.531~~5168.48 of the Revised	108097
Code or otherwise directly pass the fee through to its residents.	108098

~~Sec. 3721.54.~~ Sec. 5168.51. If a nursing home or hospital fails to	108099
pay the full amount of a franchise permit fee installment when	108100
due, the department of ~~job and family services~~medicaid may assess	108101
a five per cent penalty on the amount due for each month or	108102
fraction thereof the installment is overdue.	108103

~~Sec. 3721.541.~~ Sec. 5168.52. (A) In addition to assessing a	108104
penalty pursuant to section ~~3721.54~~5168.51 of the Revised Code,	108105
the department of ~~job and family services~~medicaid may do any of	108106
the following if a nursing facility or hospital fails to pay the	108107
full amount of a franchise permit fee installment when due:	108108

(1) Withhold an amount less than or equal to the installment	108109
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	108110
Code from a medicaid payment due the nursing facility or hospital	108111
until the nursing facility or hospital pays the installment and	108112
penalty;	108113

(2) Offset an amount less than or equal to the installment	108114
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	108115
Code from a ~~Medicaid~~medicaid payment due the nursing facility or	108116
hospital;	108117

(3) Terminate the nursing facility or hospital's medicaid	108118
provider agreement.	108119

(B) The department may offset a medicaid payment under	108120
division (A) of this section without providing notice to the	108121
nursing facility or hospital and without conducting an	108122
adjudication under Chapter 119. of the Revised Code.	108123

~~Sec. 3721.55.~~ Sec. 5168.53. (A) A nursing home or hospital may	108124
appeal the fee assessed under section ~~3721.51~~5168.42 of the	108125
Revised Code, as adjusted under section ~~3721.512~~5168.44 or	108126
~~3721.513~~5168.45 of the Revised Code, and redetermined under	108127
section ~~3721.531~~5168.48 of the Revised Code solely on the grounds	108128
that the department of ~~job and family services~~medicaid committed	108129
a material error in determining or redetermining the amount of the	108130
fee. A request for an appeal must be received by the department	108131
not later than fifteen days after the date the department mails	108132
the notice of the fee and must include written materials setting	108133
forth the basis for the appeal.	108134

(B) If a nursing home or hospital submits a request for an	108135
appeal within the time required under division (A) of this	108136
section, the department ~~of job and family services~~ shall hold a	108137
public hearing in Columbus not later than thirty days after the	108138
date the department receives the request for an appeal. The	108139
department shall, not later than ten days before the date of the	108140
hearing, mail a notice of the date, time, and place of the hearing	108141
to the nursing home or hospital. The department may hear all the	108142
requested appeals in one public hearing.	108143

(C) On the basis of the evidence presented at the hearing or	108144
any other evidence submitted by the nursing home or hospital, the	108145
department may adjust a fee. The department's decision is final.	108146

~~Sec. 3721.56.~~ Sec. 5168.54. (A) There is hereby created in the	108147
state treasury the nursing home franchise permit fee fund. All	108148
payments and penalties paid by nursing homes and hospitals under	108149
sections ~~3721.53~~5168.47, ~~3721.531~~5168.48, and ~~3721.54~~5168.51	108150
of the Revised Code shall be deposited into the fund. The fund	108151
shall also consist of money deposited into it pursuant to sections	108152
3769.08 and 3769.26 of the Revised Code. Subject to division (B)	108153
of section 3769.08 of the Revised Code, the department of ~~job and~~	108154
~~family services~~medicaid shall use the money in the fund to make	108155
medicaid payments to providers of nursing facility services and	108156
providers of home and community-based services. Money in the fund	108157
may also be used for the residential state supplement program	108158
established under section ~~5119.69~~5119.41 of the Revised Code.	108159

(B) Any money remaining in the nursing home franchise permit	108160
fee fund after payments specified in division (A) of this section	108161
are made shall be retained in the fund. Any interest or other	108162
investment proceeds earned on money in the fund shall be credited	108163
to the fund and used to make medicaid payments in accordance with	108164
division (A) of this section.	108165

~~Sec. 3721.57.~~ Sec. 5168.55. The department of ~~job and family~~	108166
~~services~~medicaid may make any investigation it considers	108167
appropriate to obtain information necessary to fulfill its duties	108168
under sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	108169
Code. At the request of the department, the attorney general shall	108170
aid in any such investigations. The attorney general shall	108171
institute and prosecute all necessary actions for the enforcement	108172
of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	108173
Code, except that at the request of the attorney general, the	108174
county prosecutor of the county in which a nursing home or	108175
hospital that has failed to comply with sections ~~3721.50~~5168.40	108176
to ~~3721.58~~5168.56 of the Revised Code is located shall institute	108177
and prosecute any necessary action against the nursing home or	108178
hospital.	108179

~~Sec. 3721.58.~~ Sec. 5168.56. The medicaid director ~~of job and~~	108180
~~family services~~ shall adopt rules in accordance with Chapter 119.	108181
of the Revised Code to do both of the following:	108182

(A) Prescribe the actions the department of ~~job and family~~	108183
~~services~~medicaid will take to cease implementation of sections	108184
~~3721.50 through 3721.57~~5168.40 to 5168.56 of the Revised Code if	108185
the United States centers for medicare and medicaid services	108186
determines that the franchise permit fee established by those	108187
sections is an impermissible health-care related tax under ~~section~~	108188
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	108189
section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	108190

(B) Establish any requirements or procedures the director	108191
considers necessary to implement sections ~~3721.50~~5168.40 to	108192
~~3721.58~~5168.56 of the Revised Code.	108193

~~Sec. 5112.30.~~ Sec. 5168.60. As used in sections ~~5112.30~~5168.60 to	108194
~~5112.39~~5168.71 of the Revised Code:	108195

(A) "Franchise permit fee rate" means the following:

108196

(1) For fiscal year ~~2012~~2014, ~~seventeen~~eighteen dollars and	108197
~~ninety-nine~~twenty-four cents;	108198

(2) For fiscal year ~~2013~~2015 and each fiscal year	108199
thereafter, eighteen dollars and ~~thirty-two~~seventeen cents.	108200

(B) "Indirect guarantee percentage" means the percentage	108201
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	108202
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	108203
1396b(w)(4)(C)(ii), ~~as amended,~~ that is to be used in determining	108204
whether a class of providers is indirectly held harmless for any	108205
portion of the costs of a broad-based health-care-related tax. If	108206
the indirect guarantee percentage changes during a fiscal year,	108207
the indirect guarantee percentage is the following:	108208

(1) For the part of the fiscal year before the change takes	108209
effect, the percentage in effect before the change;	108210

(2) For the part of the fiscal year beginning with the date	108211
the indirect guarantee percentage changes, the new percentage.	108212

(C) "~~Intermediate care facility for the mentally retarded~~	108213
ICF/MR" has the same meaning as in section ~~5111.20~~5124.01 of the	108214
Revised Code~~, except that, until August 1, 2009, it does not~~	108215
~~include any such facility operated by the department of~~	108216
~~developmental disabilities~~.	108217

(D) "~~Medicaid~~Medicaid-certified capacity" has the same	108218
meaning as in section ~~5111.01~~5124.01 of the Revised Code.	108219

(E) "Provider agreement" has the same meaning as in section	108220
5124.01 of the Revised Code.	108221

~~Sec. 5112.31.~~ Sec. 5168.61. The department of ~~job and family~~	108222
~~services~~developmental disabilities shall do all of the	108223
following:	108224

(A) Subject to section ~~5112.331~~5168.64 of the Revised Code	108225
and divisions (B) and (C) of this section and for the purposes	108226
specified in section ~~5112.371~~5168.69 of the Revised Code, assess	108227
for each fiscal year each ~~intermediate care facility for the~~	108228
~~mentally retarded~~ICF/MR a franchise permit fee equal to the	108229
franchise permit fee rate multiplied by the product of the	108230
following:	108231

(1) The ~~number of beds certified under Title XIX of the~~	108232
~~"Social Security Act"~~ICF/MR's medicaid-certified capacity on the	108233
first day of May of the calendar year in which the assessment is	108234
determined pursuant to division (A) of section ~~5112.33~~5168.63 of	108235
the Revised Code;	108236

(2) The number of days in the fiscal year.

108237

(B) If the total amount of the franchise permit fee assessed	108238
under division (A) of this section for a fiscal year exceeds the	108239
indirect guarantee percentage of the actual net patient revenue	108240
for all ~~intermediate care facilities for the mentally retarded~~	108241
ICFs/MR for that fiscal year and seventy-five per cent or more of	108242
the total number of ~~intermediate care facilities for the mentally~~	108243
~~retarded~~ICFs/MR receive enhanced medicaid payments or other	108244
state payments equal to seventy-five per cent or more of their	108245
total franchise permit fee assessments, do both of the following:	108246

(1) Recalculate the assessments under division (A) of this	108247
section using a per bed per day rate equal to the indirect	108248
guarantee percentage of actual net patient revenue for all	108249
~~intermediate care facilities for the mentally retarded~~ICFs/MR for	108250
that fiscal year;	108251

(2) Refund the difference between the amount of the franchise	108252
permit fee assessed for that fiscal year under division (A) of	108253
this section and the amount recalculated under division (B)(1) of	108254
this section as a credit against the assessments imposed under	108255
division (A) of this section for the subsequent fiscal year.	108256

(C) If the United States secretary of health and human	108257
services determines that the franchise permit fee established by	108258
sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the Revised Code	108259
would be an impermissible health care-related tax under ~~section~~	108260
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	108261
section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ take all	108262
necessary actions to cease implementation of those sections in	108263
accordance with rules adopted under section ~~5112.39~~5168.71 of the	108264
Revised Code.	108265

~~Sec. 5112.32.~~ Sec. 5168.62. For the purpose of the franchise	108266
permit fee imposed under section ~~5112.31~~5168.61 of the Revised	108267
Code and not later than the first day of each June, the department	108268
of developmental disabilities shall:	108269

~~(A) Not later than August 1, 1993, report to the department~~	108270
~~of job and family services the number of beds in each intermediate~~	108271
~~care facility for the mentally retarded certified on July 1, 1993,~~	108272
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	108273
~~42 U.S.C.A. 301, as amended;~~	108274

~~(B) Not later than June 1, 1994, and the first day of each~~	108275
~~June thereafter,~~ report to the department of ~~job and family~~	108276
~~services~~medicaid the number of beds in each ~~such facility~~	108277
~~certified~~ICF/MR on the preceding first day of May ~~under that~~	108278
~~title~~.	108279

~~Sec. 5112.33.~~ Sec. 5168.63. (A) Not later than the fifteenth day	108280
of August of each year, the department of ~~job and family services~~	108281
developmental disabilities shall determine the annual franchise	108282
permit fee for each ~~intermediate care facility for the mentally~~	108283
~~retarded~~ICF/MR in accordance with section ~~5112.31~~5168.61 of the	108284
Revised Code.	108285

(B) Not later than the first day of September of each year,	108286
the department shall mail to each ~~intermediate care facility for~~	108287
~~the mentally retarded~~ICF/MR notice of the amount of the franchise	108288
permit fee the ~~facility~~ICF/MR has been assessed under section	108289
~~5112.31~~5168.61 of the Revised Code.	108290

(C) Subject to section ~~5112.331~~5168.64 of the Revised Code,	108291
each ~~intermediate care facility for the mentally retarded~~ICF/MR	108292
shall pay its fee under section ~~5112.31~~5168.61 of the Revised	108293
Code to the department in quarterly installment payments not later	108294
than forty-five days after the last day of each September,	108295
December, March, and June.	108296

~~Sec. 5112.331.~~ Sec. 5168.64. (A) If, during the period beginning	108297
on the first day of May of a calendar year and ending on the first	108298
day of January of the immediately following calendar year, the	108299
operator of an ~~intermediate care facility for the mentally~~	108300
~~retarded~~ICF/MR converts, pursuant to section ~~5111.874~~5124.60 of	108301
the Revised Code, one or more of the ~~facility's~~ICF/MR's beds to	108302
providing home and community-based services, the department of	108303
~~job and family services~~developmental disabilities shall do the	108304
following:	108305

(1) If the ~~facility's~~ICF/MR's medicaid certification is	108306
terminated because of the conversion, terminate the ~~facility's~~	108307
ICF/MR's franchise permit fee effective on the first day of the	108308
quarter immediately following the quarter in which the department	108309
receives the notice of the conversion from the director of health;	108310

(2) If the ~~facility's certified~~ICF/MR's medicaid-certified	108311
capacity ~~under medicaid~~ is reduced because of the conversion,	108312
redetermine the ~~facility's~~ICF/MR's franchise permit fee in	108313
accordance with division (B) of this section for the second half	108314
of the fiscal year for which the fee is assessed.	108315

(B)(1) To redetermine an ~~intermediate care facility for the~~	108316
~~mentally retarded's~~ICF/MR's franchise permit fee, the department	108317
shall multiply the franchise permit fee rate by the product of the	108318
following:	108319

(a) The ~~number of the facility's beds that remain certified~~	108320
~~under Title XIX of the "Social Security Act"~~ICF/MR's	108321
medicaid-certified capacity as of the date the conversion takes	108322
effect;	108323

(b) The number of days in the second half of the fiscal year	108324
for which the redetermination is made.	108325

(2) The ~~intermediate care facility for the mentally retarded~~	108326
ICF/MR shall pay its franchise permit fee as redetermined under	108327
division (B)(1) of this section in installment payments not later	108328
than forty-five days after the last day of March and June of the	108329
fiscal year for which the redetermination is made.	108330

~~Sec. 5112.34.~~ Sec. 5168.65. If an ~~intermediate care facility for~~	108331
~~the mentally retarded~~ICF/MR fails to pay the full amount of an	108332
installment when due, the department of ~~job and family services~~	108333
developmental disabilities may assess a five per cent penalty on	108334
the amount due for each month or fraction thereof the installment	108335
is overdue.	108336

~~Sec. 5112.341.~~ Sec. 5168.66. (A) In addition to assessing a	108337
penalty pursuant to section ~~5112.34~~5168.65 of the Revised Code,	108338
the department of ~~job and family services~~developmental	108339
disabilities may do any of the following if an ~~intermediate care~~	108340
~~facility for the mentally retarded~~ICF/MR fails to pay the full	108341
amount of a franchise permit fee installment when due:	108342

(1) Withhold an amount less than or equal to the installment	108343
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	108344
Code from a medicaid payment due the ~~facility~~ICF/MR until the	108345
~~facility~~ICF/MR pays the installment and penalty;	108346

(2) Offset an amount less than or equal to the installment	108347
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	108348
Code from a medicaid payment due the ~~facility~~ICF/MR;	108349

(3) ~~Terminate~~Provide for the department of medicaid to	108350
terminate the ~~facility's medicaid~~ICF/MR's provider agreement.	108351

(B) The department may offset a medicaid payment under	108352
division (A) of this section without providing notice to the	108353
~~intermediate care facility for the mentally retarded~~ICF/MR and	108354
without conducting an adjudication under Chapter 119. of the	108355
Revised Code.	108356

~~Sec. 5112.35.~~ Sec. 5168.67. (A) An ~~intermediate care facility for~~	108357
~~the mentally retarded~~ICF/MR may appeal the franchise permit fee	108358
imposed under section ~~5112.31~~5168.61 of the Revised Code solely	108359
on the grounds that the department of ~~job and family services~~	108360
developmental disabilities committed a material error in	108361
determining the amount of the fee. A request for an appeal must be	108362
received by the department not later than fifteen days after the	108363
date the department mails the notice of the fee and must include	108364
written materials setting forth the basis for the appeal.	108365

(B) If an ~~intermediate care facility for the mentally~~	108366
~~retarded~~ICF/MR submits a request for an appeal within the time	108367
required under division (A) of this section, the department shall	108368
hold a public hearing in Columbus not later than thirty days after	108369
the date the department receives the request for an appeal. The	108370
department shall, not later than ten days before the date of the	108371
hearing, mail a notice of the date, time, and place of the hearing	108372
to the ~~facility~~ICF/MR. The department may hear all requested	108373
appeals in one public hearing.	108374

(C) On the basis of the evidence presented at the hearing or	108375
any other evidence submitted by the ~~intermediate care facility for~~	108376
~~the mentally retarded~~ICF/MR, the department may adjust a fee. The	108377
department's decision is final.	108378

~~Sec. 5112.37.~~ Sec. 5168.68. There is hereby created in the state	108379
treasury the home and community-based services for the mentally	108380
retarded and developmentally disabled fund. All installment	108381
payments and penalties paid by an ~~intermediate care facility for~~	108382
~~the mentally retarded~~ICF/MR under sections ~~5112.33~~5168.63 and	108383
~~5112.34~~5168.65 of the Revised Code shall be deposited into the	108384
fund. As soon as possible after the end of each quarter, the	108385
medicaid director ~~of job and family services~~ shall certify to the	108386
director of budget and management the amount of money that is in	108387
the fund as of the last day of that quarter. On receipt of a	108388
certification, the director of budget and management shall	108389
transfer the amount so certified from the home and community-based	108390
services for the mentally retarded and developmentally disabled	108391
fund to the department of developmental disabilities operating and	108392
services fund created under section ~~5112.371~~5168.69 of the	108393
Revised Code.	108394

~~Sec. 5112.371.~~ Sec. 5168.69. There is hereby created in the state	108395
treasury the department of developmental disabilities operating	108396
and services fund. The fund shall consist of the money transferred	108397
to it under section ~~5112.37~~5168.68 of the Revised Code. The money	108398
in the fund shall be used for the expenses of the programs that	108399
the department of developmental disabilities administers and the	108400
department's administrative expenses.	108401

~~Sec. 5112.38.~~ Sec. 5168.70. The department of ~~job and family~~	108402
~~services~~developmental disabilities may make any investigation it	108403
considers appropriate to obtain information necessary to fulfill	108404
its duties under sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of	108405
the Revised Code. At the request of the department, the attorney	108406
general shall aid in any such investigations. The attorney general	108407
shall institute and prosecute all necessary actions for the	108408
enforcement of sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the	108409
Revised Code, except that at the request of the attorney general,	108410
the county prosecutor of the county in which an ~~intermediate care~~	108411
~~facility for the mentally retarded~~ICF/MR that has failed to	108412
comply with those sections is located shall institute and	108413
prosecute any necessary action against the ~~facility~~ICF/MR.	108414

~~Sec. 5112.39.~~ Sec. 5168.71. ~~The~~To the extent authorized by rules	108415
authorized by section 5162.021 of the Revised Code, the director	108416
of ~~job and family services~~developmental disabilities shall adopt	108417
rules in accordance with Chapter 119. of the Revised Code to do	108418
both of the following:	108419

(A) Prescribe the actions the department of developmental	108420
disabilities will take to cease implementation of sections ~~5112.30~~	108421
5168.60 to ~~5112.39~~5168.71 of the Revised Code if the United	108422
States secretary of health and human services determines that the	108423
franchise permit fee imposed under section ~~5112.31~~5168.61 of the	108424
Revised Code is an impermissible health care-related tax under	108425
~~section 1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793~~	108426
~~(1991)~~section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	108427

(B) Establish any other requirements or procedures the	108428
director considers necessary to implement sections ~~5112.30~~5168.60	108429
to ~~5112.39~~5168.71 of the Revised Code.	108430

~~Sec. 5112.99.~~ Sec. 5168.99. (A) The medicaid director ~~of job and~~	108431
~~family services~~ shall impose a penalty for each day that a	108432
hospital fails to report the information required under section	108433
~~5112.04~~5168.05 of the Revised Code on or before the dates	108434
specified in that section. The amount of the penalty shall be	108435
established by the director in rules adopted under section ~~5112.03~~	108436
5168.02 of the Revised Code.	108437

(B) In addition to any other remedy available to the	108438
department of ~~job and family services~~medicaid under law to	108439
collect unpaid assessments and transfers under sections ~~5112.01~~	108440
5168.01 to ~~5112.21~~5168.14 of the Revised Code, the director	108441
shall impose a penalty of ten per cent of the amount due on any	108442
hospital that fails to pay assessments or make intergovernmental	108443
transfers by the dates required by rules adopted under section	108444
~~5112.03~~5168.02 of the Revised Code.	108445

(C) In addition to any other remedy available to the	108446
department of ~~job and family services~~medicaid under law to	108447
collect unpaid assessments imposed under section ~~5112.41~~5168.21	108448
of the Revised Code, the director shall impose a penalty of ten	108449
per cent of the amount due on any hospital that fails to pay the	108450
assessment by the date it is due.	108451

(D) The director shall waive the penalties provided for in	108452
this section for good cause shown by the hospital.	108453

(E) All penalties imposed under this section shall be	108454
deposited into the health care administration fund created by	108455
section ~~5111.94~~5162.54 of the Revised Code.	108456

~~Sec. 5112.991.~~ Sec. 5168.991. The department of ~~job and family~~	108457
~~services~~medicaid may offset the amount of a hospital's unpaid	108458
penalty imposed under section ~~5112.99~~5168.99 of the Revised Code	108459
from one or more payments due the hospital under the medicaid	108460
program. The total amount that may be offset from one or more	108461
payments shall not exceed the amount of the unpaid penalty.	108462

Sec. 5302.221. (A) As used in this section:

108463

"Estate" has the same meaning as in section ~~5111.11~~5162.21	108464
of the Revised Code.	108465

"Medicaid estate recovery program" means the program	108466
instituted under section ~~5111.11~~5162.21 of the Revised Code.	108467

(B) The administrator of the medicaid estate recovery program	108468
shall prescribe a form on which a beneficiary of a transfer on	108469
death designation affidavit as provided in section 5302.22 of the	108470
Revised Code, who survives the deceased owner of the real property	108471
or an interest in the real property or that is in existence on the	108472
date of death of the deceased owner, or that beneficiary's	108473
representative is to indicate both of the following:	108474

(1) Whether the deceased owner was either of the following:

108475

(a) A decedent subject to the medicaid estate recovery	108476
program;	108477

(b) The spouse of a decedent subject to the medicaid estate	108478
recovery program.	108479

(2) Whether the real property or interest in the real	108480
property was part of the estate of a decedent subject to the	108481
medicaid estate recovery program.	108482

(C) A county recorder shall obtain a properly completed form	108483
prescribed under division (B) of this section from the beneficiary	108484
of a transfer on death designation affidavit or the beneficiary's	108485
representative and send a copy of the form to the administrator of	108486
the medicaid estate recovery program before recording the transfer	108487
of the real property or interest in the real property under	108488
section 5302.222 of the Revised Code.	108489

Sec. 5309.082. (A) As used in this section:

108490

"Estate" has the same meaning as in section ~~5111.11~~5162.21	108491
of the Revised Code.	108492

"Medicaid estate recovery program" means the program	108493
instituted under section ~~5111.11~~5162.21 of the Revised Code.	108494

(B) The administrator of the medicaid estate recovery program	108495
shall prescribe a form on which a surviving tenant under a	108496
survivorship tenancy or such a surviving tenant's representative	108497
is to indicate both of the following:	108498

(1) Whether the deceased survivorship tenant was either of	108499
the following:	108500

(a) A decedent subject to the medicaid estate recovery	108501
program;	108502

(b) The spouse of a decedent subject to the medicaid estate	108503
recovery program.	108504

(2) Whether the registered land under a survivorship tenancy	108505
was part of the estate of a decedent subject to the medicaid	108506
estate recovery program.	108507

(C) A county recorder shall obtain a properly completed form	108508
prescribed under division (B) of this section from the surviving	108509
tenant under a survivorship tenancy or the surviving tenant's	108510
representative and send a copy of the form to the administrator of	108511
the medicaid estate recovery program before registering the title	108512
in the surviving tenants under section 5309.081 of the Revised	108513
Code.	108514

Sec. 5505.12. (A) The state highway patrol retirement board	108515
shall have prepared annually by or under the supervision of an	108516
actuary an actuarial valuation of the pension assets, liabilities,	108517
and funding requirements of the state highway patrol retirement	108518
system as established pursuant to this chapter. The actuary shall	108519
complete the valuation in accordance with actuarial standards of	108520
practice promulgated by the actuarial standards board of the	108521
American academy of actuaries and prepare a report of the	108522
valuation. The report shall include all of the following:	108523

(1) A summary of the benefit provisions evaluated;

108524

(2) A summary of the census data and financial information	108525
used in the valuation;	108526

(3) A description of the actuarial assumptions, actuarial	108527
cost method, and asset valuation method used in the valuation,	108528
including a statement of the assumed rate of payroll growth and	108529
assumed rate of growth or decline in the number of members	108530
contributing to the retirement system;	108531

(4) A summary of findings that includes a statement of the	108532
actuarial accrued pension liabilities and unfunded actuarial	108533
accrued pension liabilities;	108534

(5) A schedule showing the effect of any changes in the	108535
benefit provisions, actuarial assumptions, or cost methods since	108536
the last annual actuarial valuation;	108537

(6) A statement of whether contributions to the retirement	108538
system are expected to be sufficient to satisfy the funding	108539
objectives established by the board.	108540

The board shall submit the report to the Ohio retirement	108541
study council, the director of budget and management, and the	108542
standing committees of the house of representatives and the senate	108543
with primary responsibility for retirement legislation immediately	108544
upon its availability and not later than the first day of July	108545
following the year for which the valuation was made.	108546

(B) At such times as the state highway patrol retirement	108547
board determines, and at least once in each five-year period after	108548
January 1, 1966, the board shall have prepared by or under the	108549
supervision of an actuary an actuarial investigation of the	108550
mortality, service, and other experience of the members,	108551
retirants, and beneficiaries to update the actuarial assumptions	108552
used in the actuarial valuation required by division (A) of this	108553
section. The actuary shall prepare a report of the actuarial	108554
investigation. The report shall be prepared and any recommended	108555
changes in actuarial assumptions shall be made in accordance with	108556
the actuarial standards of practice promulgated by the actuarial	108557
standards board of the American academy of actuaries. The report	108558
shall include all of the following:	108559

(1) A summary of relevant decrement and economic assumption	108560
experience observed over the period of the investigation;	108561

(2) Recommended changes in actuarial assumptions to be used	108562
in subsequent actuarial valuations required by division (A) of	108563
this section;	108564

(3) A measurement of the financial effect of the recommended	108565
changes in actuarial assumptions;	108566

(4) If the investigation required by this division includes	108567
the investigation required by division (F) of this section, a	108568
report of the result of that investigation.	108569

The board shall submit the report to the Ohio retirement	108570
study council and the standing committees of the house of	108571
representatives and the senate with primary responsibility for	108572
retirement legislation not later than the first day of November	108573
following the last fiscal year of the period the report covers.	108574

(C) The board may at any time request the actuary to make any	108575
studies or actuarial valuations to determine the adequacy of the	108576
rates of contributions provided by section 5505.15 of the Revised	108577
Code.	108578

(D) The board shall have prepared by or under the supervision	108579
of an actuary an actuarial analysis of any introduced legislation	108580
expected to have a measurable financial impact on the retirement	108581
system. The actuarial analysis shall be completed in accordance	108582
with the actuarial standards of practice promulgated by the	108583
actuarial standards board of the American academy of actuaries.	108584
The actuary shall prepare a report of the actuarial analysis,	108585
which shall include all of the following:	108586

(1) A summary of the statutory changes that are being	108587
evaluated;	108588

(2) A description of or reference to the actuarial	108589
assumptions and actuarial cost method used in the report;	108590

(3) A description of the participant group or groups included	108591
in the report;	108592

(4) A statement of the financial impact of the legislation,	108593
including the resulting increase, if any, in the employer normal	108594
cost percentage; the increase, if any, in actuarial accrued	108595
liabilities; and the per cent of payroll that would be required to	108596
amortize the increase in actuarial accrued liabilities as a level	108597
per cent of covered payroll for all active members over a period	108598
not to exceed thirty years;	108599

(5) A statement of whether the scheduled contributions to the	108600
system after the proposed change is enacted are expected to be	108601
sufficient to satisfy the funding objectives established by the	108602
board.	108603

Not later than sixty days from the date of introduction of	108604
the legislation, the board shall submit a copy of the actuarial	108605
analysis to the legislative service commission, the standing	108606
committees of the house of representatives and the senate with	108607
primary responsibility for retirement legislation, and the Ohio	108608
retirement study council.	108609

(E) The board shall have prepared annually a report giving a	108610
full accounting of the revenues and costs relating to the	108611
provision of benefits under section 5505.28 of the Revised Code.	108612
The report shall be made as of December 31, 1997, and the	108613
thirty-first day of December of each year thereafter. The report	108614
shall include the following:	108615

(1) A description of the statutory authority for the benefits	108616
provided;	108617

(2) A summary of the benefits;

108618

(3) A summary of the eligibility requirements for the	108619
benefits;	108620

(4) A statement of the number of participants eligible for	108621
the benefits;	108622

(5) A description of the accounting, asset valuation, and	108623
funding method used to provide the benefits;	108624

(6) A statement of the net assets available for the provision	108625
of the benefits as of the last day of the fiscal year;	108626

(7) A statement of any changes in the net assets available	108627
for the provision of benefits, including participant and employer	108628
contributions, net investment income, administrative expenses, and	108629
benefits provided to participants, as of the last day of the	108630
fiscal year;	108631

(8) For the last six consecutive fiscal years, a schedule of	108632
the net assets available for the benefits, the annual cost of	108633
benefits, administrative expenses incurred, and annual employer	108634
contributions allocated for the provision of benefits;	108635

(9) A description of any significant changes that affect the	108636
comparability of the report required under this division;	108637

(10) A statement of the amount paid under division (B) of	108638
section 5505.28 of the Revised Code.	108639

The board shall submit the report to the Ohio retirement	108640
study council, the director of budget and management, and the	108641
standing committees of the house of representatives and the senate	108642
with primary responsibility for retirement legislation immediately	108643
upon its availability and not later than the thirtieth day of June	108644
following the year for which the report was made.	108645

(F) At least once in each five-year period, the board shall	108646
have prepared by or under the supervision of an actuary an	108647
actuarial investigation of the deferred retirement option plan	108648
established under section 5505.50 of the Revised Code. The	108649
investigation shall include an examination of the financial	108650
impact, if any, on the retirement system of offering the plan to	108651
members.	108652

The actuary shall prepare a report of the actuarial	108653
investigation. The report shall include a determination of whether	108654
the plan, as established or modified, has a negative financial	108655
impact on the retirement system and, if so, recommendations on how	108656
to modify the plan to eliminate the negative financial impact. If	108657
the actuarial report indicates that the plan has a negative	108658
financial impact on the retirement system, the board shall modify	108659
the plan. If the board modifies the plan, the rights and	108660
obligations of members who have already elected to participate	108661
shall not be altered.	108662

The state's contributions to the employer accumulation fund	108663
shall not be increased to offset any negative financial impact of	108664
the deferred retirement option plan.	108665

The board may include the actuarial investigation required	108666
under this division as part of the actuarial investigation	108667
required under division (B) of this section. If the report of the	108668
actuarial investigation required by this division is not included	108669
in the report required by division (B) of this section, the board	108670
shall submit the report required by this division to the Ohio	108671
retirement study council and the standing committees of the house	108672
of representatives and the senate with primary responsibility for	108673
retirement legislation not later than the first day of November	108674
following the last fiscal year of the period the report covers.	108675

Sec. 5507.46. (A) Prior to January 1, 2014:

108676

(1) A wireless service provider or reseller, not later than	108677
the last day of each month, shall remit the full amount of all	108678
wireless 9-1-1 charges it collected under division (A) of section	108679
5507.42 of the Revised Code for the second preceding calendar	108680
month to the Ohio 9-1-1 coordinator, with the exception of charges	108681
equivalent to the amount authorized as a billing and collection	108682
fee under division (A)(2) of this section. In doing so, the	108683
provider or reseller may remit the requisite amount in any	108684
reasonable manner consistent with its existing operating or	108685
technological capabilities, such as by customer address, location	108686
associated with the wireless telephone number, or another	108687
allocation method based on comparable, relevant data. If the	108688
wireless service provider or reseller receives a partial payment	108689
for a bill from a wireless service subscriber, the wireless	108690
service provider or reseller shall apply the payment first against	108691
the amount the subscriber owes the wireless service provider or	108692
reseller and shall remit to the coordinator such lesser amount, if	108693
any, as results from that invoice.	108694

(2) A wireless service provider or reseller may retain as a	108695
billing and collection fee two per cent of the total wireless	108696
9-1-1 charges it collects in a month and shall account to the	108697
coordinator for the amount retained.	108698

(3) The coordinator shall return to, or credit against the	108699
next month's remittance of, a wireless service provider or	108700
reseller the amount of any remittances the coordinator determines	108701
were erroneously submitted by the provider or reseller.	108702

(B) Beginning January 1, 2014:

108703

(1) Each seller of a prepaid wireless calling service,	108704
wireless service provider, and reseller shall, on or before the	108705
twenty-third day of each month, except as provided in divisions	108706
(B)(2) and (3) of this section, do both of the following:	108707

(a) Make and file a return for the preceding month, in the	108708
form prescribed by the tax commissioner, showing the amount of the	108709
wireless 9-1-1 charges due under section 5507.42 of the Revised	108710
Code for that month;	108711

(b) Remit the full amount due, as shown on the return, with	108712
the exception of charges equivalent to the amount authorized as a	108713
collection fee under division (B)(4) of this section.	108714

(2) The commissioner may grant one or more thirty-day	108715
extensions for making and filing returns and remitting amounts	108716
due.	108717

(3) If a seller is required to collect prepaid wireless 9-1-1	108718
charges in amounts that do not merit monthly returns, the	108719
commissioner may authorize the seller to make and file returns	108720
less frequently. The commissioner shall ascertain whether this	108721
authorization is warranted upon the basis of administrative costs	108722
to the state.	108723

(4) A wireless service provider, reseller, and seller may	108724
each retain as a collection fee three per cent of the total	108725
wireless 9-1-1 charges required to be collected under section	108726
5507.42 of the Revised Code, and shall account to the tax	108727
commissioner for the amount retained.	108728

(5) The return required under division (B)(1)(a) of this	108729
section shall be filed electronically using the Ohio business	108730
gateway, as defined in section 718.051 of the Revised Code, the	108731
Ohio telefile system, or any other electronic means prescribed by	108732
the tax commissioner. Remittance of the amount due shall be made	108733
electronically in a manner approved by the commissioner. A	108734
wireless service provider, reseller, or seller may apply to the	108735
commissioner on a form prescribed by the commissioner to be	108736
excused from either electronic requirement of this division. For	108737
good cause shown, the commissioner may excuse the provider,	108738
reseller, or seller from either or both of the requirements and	108739
may permit the provider, reseller, or seller to file returns or	108740
make remittances by nonelectronic means.	108741

(C)(1) Prior to January 1, 2014, each subscriber on which a	108742
wireless 9-1-1 charge is imposed under division (A) of section	108743
5507.42 of the Revised Code is liable to the state for the amount	108744
of the charge. If a wireless service provider or reseller fails to	108745
collect the charge under that division from a subscriber of	108746
prepaid wireless service, or fails to bill any other subscriber	108747
for the charge, the wireless service provider or reseller is	108748
liable to the state for the amount not collected or billed. If a	108749
wireless service provider or reseller collects charges under that	108750
division and fails to remit the money to the coordinator, the	108751
wireless service provider or reseller is liable to the state for	108752
any amount collected and not remitted.	108753

(2) Beginning January 1, 2014:

108754

(a) Each subscriber or consumer on which a wireless 9-1-1	108755
charge is imposed under section 5507.42 of the Revised Code is	108756
liable to the state for the amount of the charge. If a wireless	108757
service provider or reseller fails to bill or collect the charge,	108758
or if a seller fails to collect the charge, the provider,	108759
reseller, or seller is liable to the state for the amount not	108760
billed or collected. If a provider, reseller, or seller fails to	108761
remit money to the tax commissioner as required under this	108762
section, the provider, reseller, or seller is liable to the state	108763
for the amount not remitted, regardless of whether the amount was	108764
collected.	108765

(b) No provider of a prepaid wireless calling service shall	108766
be liable to the state for any wireless 9-1-1 charge imposed under	108767
division (B)(1) of section 5507.42 of the Revised Code that was	108768
not collected or remitted.	108769

(D) Prior to January 1, 2014:

108770

(1) If the public utilities commission has reason to believe	108771
that a wireless service provider or reseller has failed to bill,	108772
collect, or remit the wireless 9-1-1 charge as required by	108773
divisions (A)(1) and (C)(1) of this section or has retained more	108774
than the amount authorized under division (A)(2) of this section,	108775
and after written notice to the provider or reseller, the	108776
commission may audit the provider or reseller for the sole purpose	108777
of making such a determination. The audit may include, but is not	108778
limited to, a sample of the provider's or reseller's billings,	108779
collections, remittances, or retentions for a representative	108780
period, and the commission shall make a good faith effort to reach	108781
agreement with the provider or reseller in selecting that sample.	108782

(2) Upon written notice to the wireless service provider or	108783
reseller, the commission, by order after completion of the audit,	108784
may make an assessment against the provider or reseller if,	108785
pursuant to the audit, the commission determines that the provider	108786
or reseller has failed to bill, collect, or remit the wireless	108787
9-1-1 charge as required by divisions (A)(1) and (C)(1) of this	108788
section or has retained more than the amount authorized under	108789
division (A)(2) of this section. The assessment shall be in the	108790
amount of any remittance that was due and unpaid on the date	108791
notice of the audit was sent by the commission to the provider or	108792
reseller or, as applicable, in the amount of the excess amount	108793
under division (A)(2) of this section retained by the provider or	108794
reseller as of that date.	108795

(3) The portion of any assessment not paid within sixty days	108796
after the date of service by the commission of the assessment	108797
notice under division (D)(2) of this section shall bear interest	108798
from that date until paid at the rate per annum prescribed by	108799
section 5703.47 of the Revised Code. That interest may be	108800
collected by making an assessment under division (D)(2) of this	108801
section. An assessment under this division and any interest due	108802
shall be remitted in the same manner as the wireless 9-1-1 charge	108803
imposed under division (A) of section 5507.42 of the Revised Code.	108804

(4) An assessment is final and due and payable and shall be	108805
remitted to the commission unless the assessed party petitions for	108806
rehearing under section 4903.10 of the Revised Code. The	108807
proceedings of the commission specified in division (D)(4) of this	108808
section are subject to and governed by Chapter 4903. of the	108809
Revised Code, except that the court of appeals of Franklin county	108810
has exclusive, original jurisdiction to review, modify, or vacate	108811
an order of the commission under division (D)(2) of this section.	108812
The court shall hear and determine such appeal in the same manner	108813
and under the same standards as the Ohio supreme court hears and	108814
determines appeals under Chapter 4903. of the Revised Code.	108815

The judgment of the court of appeals is final and conclusive	108816
unless reversed, vacated, or modified on appeal. Such an appeal	108817
may be made by the commission or the person to whom the order	108818
under division (D)(2) of this section was issued and shall proceed	108819
as in the case of appeals in civil actions as provided in Chapter	108820
2505. of the Revised Code.	108821

(5) After an assessment becomes final, if any portion of the	108822
assessment remains unpaid, including accrued interest, a certified	108823
copy of the commission's entry making the assessment final may be	108824
filed in the office of the clerk of the court of common pleas in	108825
the county in which the place of business of the assessed party is	108826
located. If the party maintains no place of business in this	108827
state, the certified copy of the entry may be filed in the office	108828
of the clerk of the court of common pleas of Franklin county.	108829
Immediately upon the filing, the clerk shall enter a judgment for	108830
the state against the assessed party in the amount shown on the	108831
entry. The judgment may be filed by the clerk in a loose-leaf book	108832
entitled "special judgments for wireless 9-1-1 charges" and shall	108833
have the same effect as other judgments. The judgment shall be	108834
executed upon the request of the commission.	108835

(6) An assessment under this division does not discharge a	108836
subscriber's liability to reimburse the provider or reseller for	108837
the wireless 9-1-1 charge imposed under division (A) of section	108838
5507.42 of the Revised Code. If, after the date of service of the	108839
audit notice under division (D)(1) of this section, a subscriber	108840
pays a wireless 9-1-1 charge for the period covered by the	108841
assessment, the payment shall be credited against the assessment.	108842

(7) All money collected by the commission under division (D)	108843
of this section shall be paid to the treasurer of state, for	108844
deposit to the credit of the wireless 9-1-1 government assistance	108845
fund.	108846

(E) Beginning January 1, 2014:

108847

(1) If the tax commissioner has reason to believe that a	108848
wireless service provider, reseller, or seller has failed to bill,	108849
collect, or remit the wireless 9-1-1 charge as required by this	108850
section and section 5507.42 of the Revised Code or has retained	108851
more than the amount authorized under division (B)(4) of this	108852
section, and after written notice to the provider, reseller, or	108853
seller, the tax commissioner may audit the provider, reseller, or	108854
seller for the sole purpose of making such a determination. The	108855
audit may include, but is not limited to, a sample of the	108856
provider's, reseller's, or seller's billings, collections,	108857
remittances, or retentions for a representative period, and the	108858
tax commissioner shall make a good faith effort to reach agreement	108859
with the provider, reseller, or seller in selecting that sample.	108860

(2) Upon written notice to the wireless service provider,	108861
reseller, or seller, the tax commissioner, after completion of the	108862
audit, may make an assessment against the provider, reseller, or	108863
seller if, pursuant to the audit, the tax commissioner determines	108864
that the provider, reseller, or seller has failed to bill,	108865
collect, or remit the wireless 9-1-1 charge as required by this	108866
section and section 5507.42 of the Revised Code or has retained	108867
more than the amount authorized under division (B)(4) of this	108868
section. The assessment shall be in the amount of any remittance	108869
that was due and unpaid on the date notice of the audit was sent	108870
by the tax commissioner to the provider, reseller, or seller or,	108871
as applicable, in the amount of the excess amount under division	108872
(B)(4) of this section retained by the provider, reseller, or	108873
seller as of that date.	108874

(3) The portion of any assessment consisting of wireless	108875
9-1-1 charges due and not paid within sixty days after the date of	108876
~~service by the tax commissioner of~~that the assessment ~~notice~~was	108877
made under division (E)(2) of this section shall bear interest	108878
from that date until paid at the rate per annum prescribed by	108879
section 5703.47 of the Revised Code. That interest may be	108880
collected by making an assessment under division (E)(2) of this	108881
section. ~~An assessment under this division and any interest due~~	108882
~~shall be remitted in the same manner as the wireless 9-1-1 charges~~	108883
~~imposed under section 5507.42 of the Revised Code.~~	108884

(4) ~~The portion of the assessment not paid within sixty days~~	108885
~~after the day the assessment was issued shall bear interest at the~~	108886
~~rate per annum prescribed by section 5703.47 of the Revised Code~~	108887
~~from the day the commissioner issues the assessment until it is~~	108888
~~paid. Interest shall be remitted in the same manner as the 9-1-1~~	108889
~~charges and may be collected by the issuance of an assessment~~	108890
~~under division (E) of this section.~~	108891

~~(5)~~ Unless the provider, reseller, or seller assessed files	108892
with the tax commissioner within sixty days after service of the	108893
notice of assessment, either personally or by certified mail, a	108894
written petition for reassessment, signed by the party assessed or	108895
that party's authorized agent having knowledge of the facts, the	108896
assessment shall become final and the amount of the assessment	108897
shall be due and payable from the party assessed to the treasurer	108898
of state, for deposit to the next generation 9-1-1 fund, which is	108899
created under section 5507.54 of the Revised Code. The petition	108900
shall indicate the objections of the party assessed, but	108901
additional objections may be raised in writing if received by the	108902
commissioner prior to the date shown on the final determination.	108903
If the petition has been properly filed, the commissioner shall	108904
proceed under section 5703.60 of the Revised Code.	108905

~~(6)~~(5) After an assessment becomes final, if any portion of	108906
the assessment remains unpaid, including accrued interest, a	108907
certified copy of the final assessment may be filed in the office	108908
of the clerk of the court of common pleas in the county in which	108909
the business of the assessed party is conducted. If the party	108910
assessed maintains no place of business in this state, the	108911
certified copy of the final assessment may be filed in the office	108912
of the clerk of the court of common pleas of Franklin county.	108913
Immediately upon the filing, the clerk shall enter a judgment for	108914
the state against the assessed party in the amount shown on the	108915
final assessment. The judgment may be filed by the clerk in a	108916
loose-leaf book entitled "special judgments for wireless 9-1-1	108917
charges" and shall have the same effect as other judgments. The	108918
judgment shall be executed upon the request of the tax	108919
commissioner.	108920

~~(7)~~(6) If the commissioner determines that the commissioner	108921
erroneously has refunded a wireless 9-1-1 charge to any person,	108922
the commissioner may make an assessment against that person for	108923
recovery of the erroneously refunded charge.	108924

~~(8)~~(7) An assessment under division (E) of this section does	108925
not discharge a subscriber's or consumer's liability to reimburse	108926
the provider, reseller, or seller for a wireless 9-1-1 charge. If,	108927
after the date of service of the audit notice under division	108928
(E)(1) of this section, a subscriber or consumer pays a wireless	108929
9-1-1 charge for the period covered by the assessment, the payment	108930
shall be credited against the assessment.	108931

Sec. 5511.03. The director of transportation shall examine	108932
the existing highway facilities serving the several hospitals,	108933
educational institutions, and correctional and other similar	108934
institutions belonging to the state, and located outside municipal	108935
corporations. Where the director finds that any such state	108936
institution is not located on a state highway or connected with a	108937
highway by a suitable road, affording in its present condition	108938
adequate transportation facilities to those having occasion to	108939
visit such institution, the director may establish a state highway	108940
leading to such institution from a convenient point on an existing	108941
highway. Where the director finds that any such institution is not	108942
served by adequate highway facilities connecting it with the	108943
railroad delivery point from which it principally obtains fuel,	108944
provisions, and supplies, the director may establish a highway	108945
connecting such institution and railroad delivery point.	108946
Limitations imposed on the mileage of state highways shall not	108947
apply to highways established under this section.	108948

The director may construct at state expense all highways	108949
established under authority of this section and pay the entire	108950
cost thereof from the state highway operating fund. Such highways	108951
shall be maintained by the department of transportation and the	108952
cost shall be paid from the highway operating fund of the	108953
department.	108954

The directors of transportation, ~~mental health~~mental health	108955
and addiction services, developmental disabilities, and	108956
rehabilitation and correction may cooperate in the establishment,	108957
construction, reconstruction, maintenance, and repair of roads	108958
within the limits of state institutions. The cost shall be paid	108959
from funds appropriated for highway purposes and from the funds	108960
appropriated to the department of ~~mental health~~mental health and	108961
addiction services, department of developmental disabilities, or	108962
the department of rehabilitation and correction for capital	108963
improvements or maintenance in such proportion as may be agreed	108964
upon by the directors of transportation, ~~mental health~~mental	108965
health and addiction services, developmental disabilities, and	108966
rehabilitation and correction.	108967

Sec. 5701.13. (A) As used in this section:

108968

(1) "Nursing home" means a nursing home or a home for the	108969
aging, as those terms are defined in section 3721.01 of the	108970
Revised Code, that is issued a license pursuant to section 3721.02	108971
of the Revised Code.	108972

(2) "Residential care facility" means a residential care	108973
facility, as defined in section 3721.01 of the Revised Code, that	108974
is issued a license pursuant to section 3721.02 of the Revised	108975
Code.	108976

(3) "Residential facility" means a residential facility	108977
licensed under section ~~5119.22~~5119.34 of the Revised Code that	108978
provides accommodations, supervision, and personal care services	108979
for three to sixteen unrelated adults.	108980

(B) As used in Title LVII of the Revised Code, and for the	108981
purpose of other sections of the Revised Code that refer	108982
specifically to Chapter 5701. or section 5701.13 of the Revised	108983
Code, a "home for the aged" means either of the following:	108984

(1) A place of residence for aged and infirm persons that	108985
satisfies divisions (B)(1)(a) to (e) of this section:	108986

(a) It is a nursing home, residential care facility, or	108987
residential facility.	108988

(b) It is owned by a corporation, unincorporated nonprofit	108989
association, or trust of a charitable, religious, or fraternal	108990
nature, that is organized and operated not for profit, is not	108991
formed for the pecuniary gain or profit of, and whose net earnings	108992
or any part of whose net earnings is not distributable to, its	108993
members, trustees, officers, or other private persons, and is	108994
exempt from federal income taxation under section 501 of the	108995
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	108996

(c) It is open to the public without regard to race, color,	108997
or national origin.	108998

(d) It does not pay, directly or indirectly, compensation for	108999
services rendered, interest on debts incurred, or purchase price	109000
for land, building, equipment, supplies, or other goods or	109001
chattels, which compensation, interest, or purchase price is	109002
unreasonably high.	109003

(e) It provides services for the life of each resident	109004
without regard to the resident's ability to continue payment for	109005
the full cost of the services.	109006

(2) A place of residence that satisfies divisions (B)(1)(b),	109007
(d), and (e) of this section; that satisfies the definition of	109008
"nursing home" or "residential care facility" under section	109009
3721.01 of the Revised Code or the definition of "residential	109010
facility" under division (A)(3) of this section regardless of	109011
whether it is licensed as such a home or facility; and that is	109012
provided at no charge to individuals on account of their service	109013
without compensation to a charitable, religious, fraternal, or	109014
educational institution, which individuals are aged or infirm and	109015
are members of the corporation, association, or trust that owns	109016
the place of residence. For the purposes of division (B)(2) of	109017
this section, "compensation" does not include furnishing room and	109018
board, clothing, health care, or other necessities, or stipends or	109019
other de minimis payments to defray the cost thereof.	109020

Exemption from taxation shall be accorded, on proper	109021
application, only to those homes or parts of homes that meet the	109022
standards and provide the services specified in this section.	109023

Nothing in this section shall be construed as preventing a	109024
home from requiring a resident with financial need to apply for	109025
any applicable financial assistance or requiring a home to retain	109026
a resident who willfully refuses to pay for services for which the	109027
resident has contracted even though the resident has sufficient	109028
resources to do so.	109029

(C)(1) If a corporation, unincorporated nonprofit	109030
association, or trust described in division (B)(1)(b) of this	109031
section is granted a certificate of need pursuant to section	109032
3702.52 of the Revised Code to construct, add to, or otherwise	109033
modify a nursing home, or is given approval pursuant to section	109034
3791.04 of the Revised Code to construct, add to, or otherwise	109035
modify a residential care facility or residential facility and if	109036
the corporation, association, or trust submits an affidavit to the	109037
tax commissioner stating that, commencing on the date of licensure	109038
and continuing thereafter, the home or facility will be operated	109039
in accordance with the requirements of divisions (B)(1)(a) to (e)	109040
of this section, the corporation, association, or trust shall be	109041
considered to be operating a "home for the aged" within the	109042
meaning of division (B)(1) of this section, beginning on the first	109043
day of January of the year in which such certificate is granted or	109044
approval is given.	109045

(2) If a corporation, association, or trust is considered to	109046
be operating a "home for the aged" pursuant to division (C)(1) of	109047
this section, the corporation, association, or trust shall notify	109048
the tax commissioner in writing upon the occurrence of any of the	109049
following events:	109050

(a) The corporation, association, or trust no longer intends	109051
to complete the construction of, addition to, or modification of	109052
the home or facility, to obtain the appropriate license for the	109053
home or facility, or to commence operation of the home or facility	109054
in accordance with the requirements of divisions (B)(1)(a) to (e)	109055
of this section;	109056

(b) The certificate of approval referred to in division	109057
(C)(1) of this section expires, is revoked, or is otherwise	109058
terminated prior to the completion of the construction of,	109059
addition to, or modification of the home or facility;	109060

(c) The license to operate the home or facility is not	109061
granted by the director of health within one year following	109062
completion of the construction of, addition to, or modification of	109063
the home or facility;	109064

(d) The license to operate the home or facility is not	109065
granted by the director of health within four years following the	109066
date upon which the certificate or approval referred to in	109067
division (C)(1) of this section was granted or given;	109068

(e) The home or facility is granted a license to operate as a	109069
nursing home, residential care facility, or residential facility.	109070

(3) Upon the occurrence of any of the events referred to in	109071
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	109072
corporation, association, or trust shall no longer be considered	109073
to be operating a "home for the aged" pursuant to division (C)(1)	109074
of this section, except that the tax commissioner, for good cause	109075
shown and to the extent the commissioner considers appropriate,	109076
may extend the time period specified in division (C)(2)(c) or (d)	109077
of this section, or both. Nothing in division (C)(3) of this	109078
section shall be construed to prevent a nursing home, residential	109079
care facility, or residential facility from qualifying as a "home	109080
for the aged" if, upon proper application made pursuant to	109081
division (B) of this section, it is found to meet the requirements	109082
of divisions (A) and (B) of this section.	109083

Sec. 5703.052. (A) There is hereby created in the state	109084
treasury the tax refund fund, from which refunds shall be paid for	109085
taxes illegally or erroneously assessed or collected, or for any	109086
other reason overpaid, that are levied by Chapter 4301., 4305.,	109087
5726., 5728., 5729., 5731., 5733., 5735., 5739., 5741., 5743.,	109088
5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	109089
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	109090
5727.81, and 5727.811 of the Revised Code. Refunds for fees	109091
illegally or erroneously assessed or collected, or for any other	109092
reason overpaid, that are levied by sections 3734.90 to 3734.9014	109093
of the Revised Code also shall be paid from the fund. Refunds for	109094
amounts illegally or erroneously assessed or collected by the tax	109095
commissioner, or for any other reason overpaid, that are due under	109096
section 1509.50 of the Revised Code shall be paid from the fund.	109097
However, refunds for taxes levied under section 5739.101 of the	109098
Revised Code shall not be paid from the tax refund fund, but shall	109099
be paid as provided in section 5739.104 of the Revised Code.	109100

(B)(1) Upon certification by the tax commissioner to the	109101
treasurer of state of a tax refund~~, a fee refund,~~ or ~~an other~~	109102
another amount refunded, or by the superintendent of insurance of	109103
a domestic or foreign insurance tax refund, the treasurer of state	109104
shall place the amount certified to the credit of the fund. The	109105
certified amount transferred shall be derived from ~~current~~the	109106
receipts of the same tax, fee, or other amount from which the	109107
refund arose. ~~If current receipts from the tax, fee, or other~~	109108
~~amount from which the refund arose are inadequate to make the~~	109109
~~transfer of the amount so certified, the treasurer of state shall~~	109110
~~transfer such certified amount from current receipts of the sales~~	109111
~~tax levied by section 5739.02 of the Revised Code.~~	109112

(2) When ~~the treasurer of state provides for the payment of a~~	109113
~~refund of a tax, fee, or other amount from the current receipts of~~	109114
~~the sales tax, and the~~a refund is for a tax, fee, or other amount	109115
that is not levied by the state, the tax commissioner shall	109116
recover the amount of that refund from the next distribution of	109117
that tax, fee, or other amount that otherwise would be made to the	109118
taxing jurisdiction. If the amount to be recovered would exceed	109119
twenty-five per cent of the next distribution of that tax, fee, or	109120
other amount, the commissioner may spread the recovery over more	109121
than one future distribution, taking into account the amount to be	109122
recovered and the amount of the anticipated future distributions.	109123
In no event may the commissioner spread the recovery over a period	109124
to exceed twenty-four months.	109125

Sec. 5703.059. (A) The tax commissioner may adopt rules	109126
requiring returns, including any accompanying schedule or	109127
statement, for any of the following taxes to be filed	109128
electronically using the Ohio business gateway as defined in	109129
section 718.051 of the Revised Code, filed telephonically using	109130
the system known as the Ohio telefile system, or filed by any	109131
other electronic means prescribed by the commissioner:	109132

(1) Employer income tax withholding under Chapter 5747. of	109133
the Revised Code;	109134

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

109135

(3) Cigarette and tobacco product tax under Chapter 5743. of	109136
the Revised Code;	109137

(4) Severance tax under Chapter 5749. of the Revised Code;

109138

(5) Use tax under Chapter 5741. of the Revised Code;

109139

(6) Commercial activity tax under Chapter 5751. of the	109140
Revised Code;	109141

(7) Financial institutions tax under Chapter 5726. of the	109142
Revised Code.	109143

(B) The tax commissioner may adopt rules requiring any	109144
payment of tax shown on such a return to be due to be made	109145
electronically in a manner approved by the commissioner.	109146

(C) A rule adopted under this section does not apply to	109147
returns or reports filed or payments made before six months after	109148
the effective date of the rule. The commissioner shall publicize	109149
any new electronic filing requirement on the department's web	109150
site. The commissioner shall educate the public of the requirement	109151
through seminars, workshops, conferences, or other outreach	109152
activities.	109153

(D) Any person required to file returns and make payments	109154
electronically under rules adopted under this section may apply to	109155
the commissioner, on a form prescribed by the commissioner, to be	109156
excused from that requirement. For good cause shown, the	109157
commissioner may excuse the applicant from the requirement and	109158
permit the applicant to file the returns or reports or make the	109159
payments required under this section by nonelectronic means.	109160

(E) Beginning July 1, 2014, and thereafter for each year that	109161
the department of taxation has published at least one method	109162
acceptable to the tax commissioner for filing returns required	109163
under section 5747.08 of the Revised Code electronically, the	109164
department shall publish on the department's official web site a	109165
method for any individual, trust, or pass-through entity,	109166
including individuals, trusts, and pass-through entities filing an	109167
income tax return in this state for the first time, to register	109168
electronically for that method of filing.	109169

Sec. 5703.21. (A) Except as provided in divisions (B) and	109170
(C) of this section, no agent of the department of taxation,	109171
except in the agent's report to the department or when called on	109172
to testify in any court or proceeding, shall divulge any	109173
information acquired by the agent as to the transactions,	109174
property, or business of any person while acting or claiming to	109175
act under orders of the department. Whoever violates this	109176
provision shall thereafter be disqualified from acting as an	109177
officer or employee or in any other capacity under appointment or	109178
employment of the department.	109179

(B)(1) For purposes of an audit pursuant to section 117.15 of	109180
the Revised Code, or an audit of the department pursuant to	109181
Chapter 117. of the Revised Code, or an audit, pursuant to that	109182
chapter, the objective of which is to express an opinion on a	109183
financial report or statement prepared or issued pursuant to	109184
division (A)(7) or (9) of section 126.21 of the Revised Code, the	109185
officers and employees of the auditor of state charged with	109186
conducting the audit shall have access to and the right to examine	109187
any state tax returns and state tax return information in the	109188
possession of the department to the extent that the access and	109189
examination are necessary for purposes of the audit. Any	109190
information acquired as the result of that access and examination	109191
shall not be divulged for any purpose other than as required for	109192
the audit or unless the officers and employees are required to	109193
testify in a court or proceeding under compulsion of legal	109194
process. Whoever violates this provision shall thereafter be	109195
disqualified from acting as an officer or employee or in any other	109196
capacity under appointment or employment of the auditor of state.	109197

(2) For purposes of an internal audit pursuant to section	109198
126.45 of the Revised Code, the officers and employees of the	109199
office of internal ~~auditing~~audit in the office of budget and	109200
management charged with ~~conducting~~directing the internal audit	109201
shall have access to and the right to examine any state tax	109202
returns and state tax return information in the possession of the	109203
department to the extent that the access and examination are	109204
necessary for purposes of the internal audit. Any information	109205
acquired as the result of that access and examination shall not be	109206
divulged for any purpose other than as required for the internal	109207
audit or unless the officers and employees are required to testify	109208
in a court or proceeding under compulsion of legal process.	109209
Whoever violates this provision shall thereafter be disqualified	109210
from acting as an officer or employee or in any other capacity	109211
under appointment or employment of the office of internal ~~auditing~~	109212
audit.	109213

(3) As provided by section 6103(d)(2) of the Internal Revenue	109214
Code, any federal tax returns or federal tax information that the	109215
department has acquired from the internal revenue service, through	109216
federal and state statutory authority, may be disclosed to the	109217
auditor of state or the office of internal ~~auditing~~audit solely	109218
for purposes of an audit of the department.	109219

(4) For purposes of Chapter 3739. of the Revised Code, an	109220
agent of the department of taxation may share information with the	109221
division of state fire marshal that the agent finds during the	109222
course of an investigation.	109223

(C) Division (A) of this section does not prohibit any of the	109224
following:	109225

(1) Divulging information contained in applications,	109226
complaints, and related documents filed with the department under	109227
section 5715.27 of the Revised Code or in applications filed with	109228
the department under section 5715.39 of the Revised Code;	109229

(2) Providing information to the office of child support	109230
within the department of job and family services pursuant to	109231
section 3125.43 of the Revised Code;	109232

(3) Disclosing to the motor vehicle repair board any	109233
information in the possession of the department that is necessary	109234
for the board to verify the existence of an applicant's valid	109235
vendor's license and current state tax identification number under	109236
section 4775.07 of the Revised Code;	109237

(4) Providing information to the administrator of workers'	109238
compensation pursuant to sections 4123.271 and 4123.591 of the	109239
Revised Code;	109240

(5) Providing to the attorney general information the	109241
department obtains under division (J) of section 1346.01 of the	109242
Revised Code;	109243

(6) Permitting properly authorized officers, employees, or	109244
agents of a municipal corporation from inspecting reports or	109245
information pursuant to rules adopted under section 5745.16 of the	109246
Revised Code;	109247

(7) Providing information regarding the name, account number,	109248
or business address of a holder of a vendor's license issued	109249
pursuant to section 5739.17 of the Revised Code, a holder of a	109250
direct payment permit issued pursuant to section 5739.031 of the	109251
Revised Code, or a seller having a use tax account maintained	109252
pursuant to section 5741.17 of the Revised Code, or information	109253
regarding the active or inactive status of a vendor's license,	109254
direct payment permit, or seller's use tax account;	109255

(8) Releasing invoices or invoice information furnished under	109256
section 4301.433 of the Revised Code pursuant to that section;	109257

(9) Providing to a county auditor notices or documents	109258
concerning or affecting the taxable value of property in the	109259
county auditor's county. Unless authorized by law to disclose	109260
documents so provided, the county auditor shall not disclose such	109261
documents;	109262

(10) Providing to a county auditor sales or use tax return or	109263
audit information under section 333.06 of the Revised Code;	109264

(11) Subject to section 4301.441 of the Revised Code,	109265
disclosing to the appropriate state agency information in the	109266
possession of the department of taxation that is necessary to	109267
verify a permit holder's gallonage or noncompliance with taxes	109268
levied under Chapter 4301. or 4305. of the Revised Code;	109269

(12) Disclosing to the department of natural resources	109270
information in the possession of the department of taxation that	109271
is necessary for the department of taxation to verify the	109272
taxpayer's compliance with ~~division (A)(1), (5), (6), (8), or (9)~~	109273
of section 5749.02 of the Revised Code ~~and information received~~	109274
~~pursuant to section 1509.50 of the Revised Code concerning the~~	109275
~~amount due under that section~~or to allow the department of	109276
natural resources to enforce Chapter 1509. of the Revised Code;	109277

(13) Disclosing to the department of job and family services,	109278
industrial commission, and bureau of workers' compensation	109279
information in the possession of the department of taxation solely	109280
for the purpose of identifying employers that misclassify	109281
employees as independent contractors or that fail to properly	109282
report and pay employer tax liabilities. The department of	109283
taxation shall disclose only such information that is necessary to	109284
verify employer compliance with law administered by those	109285
agencies.	109286

(14) Disclosing to the Ohio casino control commission	109287
information in the possession of the department of taxation that	109288
is necessary to verify a casino operator's compliance with section	109289
5747.063 or 5753.02 of the Revised Code and sections related	109290
thereto;	109291

(15) Disclosing to the state lottery commission information	109292
in the possession of the department of taxation that is necessary	109293
to verify a lottery sales agent's compliance with section 5747.064	109294
of the Revised Code.	109295

Sec. 5703.37. (A)(1) Except as provided in division (B) of	109296
this section, whenever service of a notice or order is required in	109297
the manner provided in this section, a copy of the notice or order	109298
shall be served upon the person affected thereby either by	109299
personal service, by certified mail, or by a delivery service	109300
authorized under section 5703.056 of the Revised Code that	109301
notifies the tax commissioner of the date of delivery.	109302

(2) In lieu of serving a copy of a notice or order through	109303
one of the means provided in division (A)(1) of this section, the	109304
commissioner may serve a notice or order upon the person affected	109305
thereby through alternative means as provided in this section,	109306
including, but not limited to, delivery by secure electronic mail	109307
as provided in division (F) of this section. Delivery by such	109308
means satisfies the requirements for delivery under this section.	109309

(B)(1)(a) If certified mail is returned because of an	109310
undeliverable address, the commissioner shall first utilize	109311
reasonable means to ascertain a new last known address, including	109312
the use of a change of address service offered by the United	109313
States postal service or an authorized delivery service under	109314
section 5703.056 of the Revised Code. If, after using reasonable	109315
means, the commissioner is unable to ascertain a new last known	109316
address, the assessment is final for purposes of section 131.02 of	109317
the Revised Code sixty days after the notice or order sent by	109318
certified mail is first returned to the commissioner, and the	109319
commissioner shall certify the notice or order, if applicable, to	109320
the attorney general for collection under section 131.02 of the	109321
Revised Code.	109322

(b) Notwithstanding certification to the attorney general	109323
under division (B)(1)(a) of this section, once the commissioner or	109324
attorney general, or the designee of either, makes an initial	109325
contact with the person to whom the notice or order is directed,	109326
the person may protest an assessment by filing a petition for	109327
reassessment within sixty days after the initial contact. The	109328
certification of an assessment under division (B)(1)(a) of this	109329
section is prima-facie evidence that delivery is complete and that	109330
the notice or order is served.	109331

(2) If mailing of a notice or order by certified mail is	109332
returned for some cause other than an undeliverable address or if	109333
a person does not access an electronic notice or order within the	109334
time provided in division (F) of this section, the commissioner	109335
shall resend the notice or order by ordinary mail. The notice or	109336
order shall show the date the commissioner sends the notice or	109337
order and include the following statement:	109338

"This notice or order is deemed to be served on the addressee	109339
under applicable law ten days from the date this notice or order	109340
was mailed by the commissioner as shown on the notice or order,	109341
and all periods within which an appeal may be filed apply from and	109342
after that date."	109343

Unless the mailing is returned because of an undeliverable	109344
address, the mailing of that information is prima-facie evidence	109345
that delivery of the notice or order was completed ten days after	109346
the commissioner sent the notice or order by ordinary mail and	109347
that the notice or order was served.	109348

If the ordinary mail is subsequently returned because of an	109349
undeliverable address, the commissioner shall proceed under	109350
division (B)(1)(a) of this section. A person may challenge the	109351
presumption of delivery and service under this division in	109352
accordance with division (C) of this section.	109353

(C)(1) A person disputing the presumption of delivery and	109354
service under division (B) of this section bears the burden of	109355
proving by a preponderance of the evidence that the address to	109356
which the notice or order was sent was not an address with which	109357
the person was associated at the time the commissioner originally	109358
mailed the notice or order by certified mail. For the purposes of	109359
this section, a person is associated with an address at the time	109360
the commissioner originally mailed the notice or order if, at that	109361
time, the person was residing, receiving legal documents, or	109362
conducting business at the address; or if, before that time, the	109363
person had conducted business at the address and, when the notice	109364
or order was mailed, the person's agent or the person's affiliate	109365
was conducting business at the address. For the purposes of this	109366
section, a person's affiliate is any other person that, at the	109367
time the notice or order was mailed, owned or controlled at least	109368
twenty per cent, as determined by voting rights, of the	109369
addressee's business.	109370

(2) If the person elects to protest an assessment certified	109371
to the attorney general for collection, the person must do so	109372
within sixty days after the attorney general's initial contact	109373
with the person. The attorney general may enter into a compromise	109374
with the person under sections 131.02 and 5703.06 of the Revised	109375
Code if the person does not file a petition for reassessment with	109376
the commissioner.	109377

(D) Nothing in this section prohibits the commissioner or the	109378
commissioner's designee from delivering a notice or order by	109379
personal service.	109380

(E) Collection actions taken pursuant to section 131.02 of	109381
the Revised Code upon any assessment being challenged under	109382
division (B)(1)(b) of this section shall be stayed upon the	109383
pendency of an appeal under this section. If a petition for	109384
reassessment is filed pursuant to this section on a claim that has	109385
been certified to the attorney general for collection, the claim	109386
shall be uncertified.	109387

(F) The commissioner may serve a notice or order upon the	109388
person affected by the notice or order through secure electronic	109389
means only with the person's consent. The commissioner must inform	109390
the recipient, electronically or by mail, that a notice or order	109391
is available for electronic review and provide instructions to	109392
access and print the notice or order. The recipient's electronic	109393
access of the notice or order satisfies the requirements for	109394
delivery under this section. If the recipient fails to access the	109395
notice or order electronically within ten business days, then the	109396
commissioner shall inform the recipient a second time,	109397
electronically or by mail, that a notice or order is available for	109398
electronic review and provide instructions to access and print the	109399
notice or order. If the recipient fails to access the notice or	109400
order electronically within ten business days of the second	109401
notification, the notice or order shall be served upon the person	109402
through ~~one of~~ the means provided in division ~~(A)(1)~~(B)(2) of this	109403
section.	109404

(G) As used in this section:

109405

(1) "Last known address" means the address the department has	109406
at the time the document is originally sent by certified mail, or	109407
any address the department can ascertain using reasonable means	109408
such as the use of a change of address service offered by the	109409
United States postal service or an authorized delivery service	109410
under section 5703.056 of the Revised Code.	109411

(2) "Undeliverable address" means an address to which the	109412
United States postal service or an authorized delivery service	109413
under section 5703.056 of the Revised Code is not able to deliver	109414
a notice or order, except when the reason for nondelivery is	109415
because the addressee fails to acknowledge or accept the notice or	109416
order.	109417

Sec. 5703.75. This section applies to any tax payable to the	109418
state and administered by the tax commissioner. If the total	109419
amount of any such tax shown to be due on a return, amended	109420
return, or notice does not exceed one dollar, the taxpayer shall	109421
not be required to remit the amount due. If the total amount of a	109422
taxpayer's overpayment of any such tax does not exceed one dollar,	109423
the tax commissioner shall not be required to refund the	109424
overpayment.	109425

Sec. 5703.76. Any payment or distribution of money that the	109426
tax commissioner is required by law to make to a political	109427
subdivision of this state, an officer thereof, or a political	109428
party shall be made by electronic funds transfer. The commissioner	109429
shall promulgate any rules necessary to administer this section.	109430

Sec. 5703.82. ~~(A)~~ Not later than April 1, 2009, the	109431
department of taxation shall acquire the necessary hardware,	109432
software, and services to establish and implement a tax discovery	109433
data system to increase the efficiency of tax collections in the	109434
state. The system must be fully integrated and pre-staged for the	109435
purposes of assisting in revenue analysis, discovering	109436
noncompliant taxpayers, and collecting taxes from those taxpayers.	109437
The system shall consolidate tax data from various mainframe	109438
systems and operate as a single tax discovery data system. The	109439
department shall contract, pursuant to a competitive bidding	109440
process, for the necessary hardware, software, and services to	109441
implement the tax discovery data system.	109442

~~(B) There is hereby created in the state treasury the~~	109443
~~discovery project fund. All money to the credit of the fund shall~~	109444
~~be used to pay the costs of implementing and operating the tax~~	109445
~~discovery data system and to defray the costs incurred by the~~	109446
~~department of taxation in administering the system.~~	109447

~~(C) Beginning July 1, 2009, on or before the first day of~~	109448
~~January, April, July, and October of each calendar year, the tax~~	109449
~~commissioner shall determine and certify to the director of budget~~	109450
~~and management the amount needed to pay the costs of operating the~~	109451
~~tax discovery data system in the previous calendar quarter and the~~	109452
~~costs incurred in the previous calendar quarter by the department~~	109453
~~of taxation in administering the system. The director shall~~	109454
~~provide for payment from the general revenue fund to the discovery~~	109455
~~project fund of the amount so certified.~~	109456

Sec. 5703.90. If any tax administered by the tax	109457
commissioner remains unpaid after the date the tax is due, the	109458
commissioner may issue an assessment for the unpaid tax, and for	109459
any related penalties and interest, against any person liable for	109460
the amount due, including, but not limited to, a person that is	109461
jointly and severally liable for the amount under Chapter 5726.,	109462
5748., 5749., or 5751. of the Revised Code, a partner liable for	109463
the tax liability of a partnership, a director, shareholder, or	109464
officer of a corporation that has dissolved or had its articles of	109465
incorporation canceled by the secretary of state, or any other	109466
person liable for the tax liability of another person under the	109467
Revised Code. The commissioner shall issue the assessment in	109468
accordance with any other provision of the Revised Code applicable	109469
to assessments for the tax for which the person to be assessed is	109470
liable.	109471

Sec. 5705.01. As used in this chapter:

109472

(A) "Subdivision" means any county; municipal corporation;	109473
township; township police district; joint police district;	109474
township fire district; joint fire district; joint ambulance	109475
district; joint emergency medical services district; fire and	109476
ambulance district; joint recreation district; township waste	109477
disposal district; township road district; community college	109478
district; technical college district; detention facility district;	109479
a district organized under section 2151.65 of the Revised Code; a	109480
combined district organized under sections 2152.41 and 2151.65 of	109481
the Revised Code; a joint-county alcohol, drug addiction, and	109482
mental health service district; a drainage improvement district	109483
created under section 6131.52 of the Revised Code; a lake	109484
facilities authority created under Chapter 353. of the Revised	109485
Code; a union cemetery district; a county school financing	109486
district; a city, local, exempted village, cooperative education,	109487
or joint vocational school district; or a regional student	109488
education district created under section 3313.83 of the Revised	109489
Code.	109490

(B) "Municipal corporation" means all municipal corporations,	109491
including those that have adopted a charter under Article XVIII,	109492
Ohio Constitution.	109493

(C) "Taxing authority" or "bond issuing authority" means, in	109494
the case of any county, the board of county commissioners; in the	109495
case of a municipal corporation, the council or other legislative	109496
authority of the municipal corporation; in the case of a city,	109497
local, exempted village, cooperative education, or joint	109498
vocational school district, the board of education; in the case of	109499
a community college district, the board of trustees of the	109500
district; in the case of a technical college district, the board	109501
of trustees of the district; in the case of a detention facility	109502
district, a district organized under section 2151.65 of the	109503
Revised Code, or a combined district organized under sections	109504
2152.41 and 2151.65 of the Revised Code, the joint board of county	109505
commissioners of the district; in the case of a township, the	109506
board of township trustees; in the case of a joint police	109507
district, the joint police district board; in the case of a joint	109508
fire district, the board of fire district trustees; in the case of	109509
a joint recreation district, the joint recreation district board	109510
of trustees; in the case of a joint-county alcohol, drug	109511
addiction, and mental health service district, the district's	109512
board of alcohol, drug addiction, and mental health services; in	109513
the case of a joint ambulance district or a fire and ambulance	109514
district, the board of trustees of the district; in the case of a	109515
union cemetery district, the legislative authority of the	109516
municipal corporation and the board of township trustees, acting	109517
jointly as described in section 759.341 of the Revised Code; in	109518
the case of a drainage improvement district, the board of county	109519
commissioners of the county in which the drainage district is	109520
located; in the case of a lake facilities authority, the board of	109521
directors; in the case of a joint emergency medical services	109522
district, the joint board of county commissioners of all counties	109523
in which all or any part of the district lies; and in the case of	109524
a township police district, a township fire district, a township	109525
road district, or a township waste disposal district, the board of	109526
township trustees of the township in which the district is	109527
located. "Taxing authority" also means the educational service	109528
center governing board that serves as the taxing authority of a	109529
county school financing district as provided in section 3311.50 of	109530
the Revised Code, and the board of directors of a regional student	109531
education district created under section 3313.83 of the Revised	109532
Code.	109533

(D) "Fiscal officer" in the case of a county, means the	109534
county auditor; in the case of a municipal corporation, the city	109535
auditor or village clerk, or an officer who, by virtue of the	109536
charter, has the duties and functions of the city auditor or	109537
village clerk, except that in the case of a municipal university	109538
the board of directors of which have assumed, in the manner	109539
provided by law, the custody and control of the funds of the	109540
university, the chief accounting officer of the university shall	109541
perform, with respect to the funds, the duties vested in the	109542
fiscal officer of the subdivision by sections 5705.41 and 5705.44	109543
of the Revised Code; in the case of a school district, the	109544
treasurer of the board of education; in the case of a county	109545
school financing district, the treasurer of the educational	109546
service center governing board that serves as the taxing	109547
authority; in the case of a township, the township fiscal officer;	109548
in the case of a joint police district, the treasurer of the	109549
district; in the case of a joint fire district, the clerk of the	109550
board of fire district trustees; in the case of a joint ambulance	109551
district, the clerk of the board of trustees of the district; in	109552
the case of a joint emergency medical services district, the	109553
person appointed as fiscal officer pursuant to division (D) of	109554
section 307.053 of the Revised Code; in the case of a fire and	109555
ambulance district, the person appointed as fiscal officer	109556
pursuant to division (B) of section 505.375 of the Revised Code;	109557
in the case of a joint recreation district, the person designated	109558
pursuant to section 755.15 of the Revised Code; in the case of a	109559
union cemetery district, the clerk of the municipal corporation	109560
designated in section 759.34 of the Revised Code; in the case of a	109561
children's home district, educational service center, general	109562
health district, joint-county alcohol, drug addiction, and mental	109563
health service district, county library district, detention	109564
facility district, district organized under section 2151.65 of the	109565
Revised Code, a combined district organized under sections 2152.41	109566
and 2151.65 of the Revised Code, or a metropolitan park district	109567
for which no treasurer has been appointed pursuant to section	109568
1545.07 of the Revised Code, the county auditor of the county	109569
designated by law to act as the auditor of the district; in the	109570
case of a metropolitan park district which has appointed a	109571
treasurer pursuant to section 1545.07 of the Revised Code, that	109572
treasurer; in the case of a drainage improvement district, the	109573
auditor of the county in which the drainage improvement district	109574
is located; in the case of a lake facilities authority, the fiscal	109575
officer designated under section 353.02 of the Revised Code; in	109576
the case of a regional student education district, the fiscal	109577
officer appointed pursuant to section 3313.83 of the Revised Code;	109578
and in all other cases, the officer responsible for keeping the	109579
appropriation accounts and drawing warrants for the expenditure of	109580
the moneys of the district or taxing unit.	109581

(E) "Permanent improvement" or "improvement" means any	109582
property, asset, or improvement with an estimated life or	109583
usefulness of five years or more, including land and interests	109584
therein, and reconstructions, enlargements, and extensions thereof	109585
having an estimated life or usefulness of five years or more.	109586

(F) "Current operating expenses" and "current expenses" mean	109587
the lawful expenditures of a subdivision, except those for	109588
permanent improvements, and except payments for interest, sinking	109589
fund, and retirement of bonds, notes, and certificates of	109590
indebtedness of the subdivision.	109591

(G) "Debt charges" means interest, sinking fund, and	109592
retirement charges on bonds, notes, or certificates of	109593
indebtedness.	109594

(H) "Taxing unit" means any subdivision or other governmental	109595
district having authority to levy taxes on the property in the	109596
district or issue bonds that constitute a charge against the	109597
property of the district, including conservancy districts,	109598
metropolitan park districts, sanitary districts, road districts,	109599
and other districts.	109600

(I) "District authority" means any board of directors,	109601
trustees, commissioners, or other officers controlling a district	109602
institution or activity that derives its income or funds from two	109603
or more subdivisions, such as the educational service center, the	109604
trustees of district children's homes, the district board of	109605
health, a joint-county alcohol, drug addiction, and mental health	109606
service district's board of alcohol, drug addiction, and mental	109607
health services, detention facility districts, a joint recreation	109608
district board of trustees, districts organized under section	109609
2151.65 of the Revised Code, combined districts organized under	109610
sections 2152.41 and 2151.65 of the Revised Code, and other such	109611
boards.	109612

(J) "Tax list" and "tax duplicate" mean the general tax lists	109613
and duplicates prescribed by sections 319.28 and 319.29 of the	109614
Revised Code.	109615

(K) "Property" as applied to a tax levy means taxable	109616
property listed on general tax lists and duplicates.	109617

(L) "Association library district" means a territory, the	109618
boundaries of which are defined by the state library board	109619
pursuant to division (I) of section 3375.01 of the Revised Code,	109620
in which a library association or private corporation maintains a	109621
free public library.	109622

(M) "Library district" means a territory, the boundaries of	109623
which are defined by the state library board pursuant to section	109624
3375.01 of the Revised Code, in which the board of trustees of a	109625
county, municipal corporation, school district, or township public	109626
library maintains a free public library.	109627

(N) "Qualifying library levy" means either of the following:

109628

(1) A levy for the support of a library association or	109629
private corporation that has an association library district with	109630
boundaries that are not identical to those of a subdivision;	109631

(2) A levy proposed under section 5705.23 of the Revised Code	109632
for the support of the board of trustees of a public library that	109633
has a library district with boundaries that are not identical to	109634
those of a subdivision.	109635

(O) "School library district" means a school district in	109636
which a free public library has been established that is under the	109637
control and management of a board of library trustees as provided	109638
in section 3375.15 of the Revised Code.	109639

Sec. 5705.19. This section does not apply to school	109640
districts or, county school financing districts, or lake	109641
facilities authorities.	109642

The taxing authority of any subdivision at any time and in	109643
any year, by vote of two-thirds of all the members of the taxing	109644
authority, may declare by resolution and certify the resolution to	109645
the board of elections not less than ninety days before the	109646
election upon which it will be voted that the amount of taxes that	109647
may be raised within the ten-mill limitation will be insufficient	109648
to provide for the necessary requirements of the subdivision and	109649
that it is necessary to levy a tax in excess of that limitation	109650
for any of the following purposes:	109651

(A) For current expenses of the subdivision, except that the	109652
total levy for current expenses of a detention facility district	109653
or district organized under section 2151.65 of the Revised Code	109654
shall not exceed two mills and that the total levy for current	109655
expenses of a combined district organized under sections 2151.65	109656
and 2152.41 of the Revised Code shall not exceed four mills;	109657

(B) For the payment of debt charges on certain described	109658
bonds, notes, or certificates of indebtedness of the subdivision	109659
issued subsequent to January 1, 1925;	109660

(C) For the debt charges on all bonds, notes, and	109661
certificates of indebtedness issued and authorized to be issued	109662
prior to January 1, 1925;	109663

(D) For a public library of, or supported by, the subdivision	109664
under whatever law organized or authorized to be supported;	109665

(E) For a municipal university, not to exceed two mills over	109666
the limitation of one mill prescribed in section 3349.13 of the	109667
Revised Code;	109668

(F) For the construction or acquisition of any specific	109669
permanent improvement or class of improvements that the taxing	109670
authority of the subdivision may include in a single bond issue;	109671

(G) For the general construction, reconstruction,	109672
resurfacing, and repair of streets, roads, and bridges in	109673
municipal corporations, counties, or townships;	109674

(H) For parks and recreational purposes;

109675

(I) For the purpose of providing and maintaining fire	109676
apparatus, appliances, buildings, or sites therefor, or sources of	109677
water supply and materials therefor, or the establishment and	109678
maintenance of lines of fire alarm telegraph, or the payment of	109679
firefighting companies or permanent, part-time, or volunteer	109680
firefighting, emergency medical service, administrative, or	109681
communications personnel to operate the same, including the	109682
payment of any employer contributions required for such personnel	109683
under section 145.48 or 742.34 of the Revised Code, or the	109684
purchase of ambulance equipment, or the provision of ambulance,	109685
paramedic, or other emergency medical services operated by a fire	109686
department or firefighting company;	109687

(J) For the purpose of providing and maintaining motor	109688
vehicles, communications, other equipment, buildings, and sites	109689
for such buildings used directly in the operation of a police	109690
department, or the payment of salaries of permanent or part-time	109691
police, communications, or administrative personnel to operate the	109692
same, including the payment of any employer contributions required	109693
for such personnel under section 145.48 or 742.33 of the Revised	109694
Code, or the payment of the costs incurred by townships as a	109695
result of contracts made with other political subdivisions in	109696
order to obtain police protection, or the provision of ambulance	109697
or emergency medical services operated by a police department;	109698

(K) For the maintenance and operation of a county home or	109699
detention facility;	109700

(L) For community mental retardation and developmental	109701
disabilities programs and services pursuant to Chapter 5126. of	109702
the Revised Code, except that the procedure for such levies shall	109703
be as provided in section 5705.222 of the Revised Code;	109704

(M) For regional planning;

109705

(N) For a county's share of the cost of maintaining and	109706
operating schools, district detention facilities, forestry camps,	109707
or other facilities, or any combination thereof, established under	109708
section 2151.65 or 2152.41 of the Revised Code or both of those	109709
sections;	109710

(O) For providing for flood defense, providing and	109711
maintaining a flood wall or pumps, and other purposes to prevent	109712
floods;	109713

(P) For maintaining and operating sewage disposal plants and	109714
facilities;	109715

(Q) For the purpose of purchasing, acquiring, constructing,	109716
enlarging, improving, equipping, repairing, maintaining, or	109717
operating, or any combination of the foregoing, a county transit	109718
system pursuant to sections 306.01 to 306.13 of the Revised Code,	109719
or of making any payment to a board of county commissioners	109720
operating a transit system or a county transit board pursuant to	109721
section 306.06 of the Revised Code;	109722

(R) For the subdivision's share of the cost of acquiring or	109723
constructing any schools, forestry camps, detention facilities, or	109724
other facilities, or any combination thereof, under section	109725
2151.65 or 2152.41 of the Revised Code or both of those sections;	109726

(S) For the prevention, control, and abatement of air	109727
pollution;	109728

(T) For maintaining and operating cemeteries;

109729

(U) For providing ambulance service, emergency medical	109730
service, or both;	109731

(V) For providing for the collection and disposal of garbage	109732
or refuse, including yard waste;	109733

(W) For the payment of the police officer employers'	109734
contribution or the firefighter employers' contribution required	109735
under sections 742.33 and 742.34 of the Revised Code;	109736

(X) For the construction and maintenance of a drainage	109737
improvement pursuant to section 6131.52 of the Revised Code;	109738

(Y) For providing or maintaining senior citizens services or	109739
facilities as authorized by section 307.694, 307.85, 505.70, or	109740
505.706 or division (EE) of section 717.01 of the Revised Code;	109741

(Z) For the provision and maintenance of zoological park	109742
services and facilities as authorized under section 307.76 of the	109743
Revised Code;	109744

(AA) For the maintenance and operation of a free public	109745
museum of art, science, or history;	109746

(BB) For the establishment and operation of a 9-1-1 system,	109747
as defined in section 5507.01 of the Revised Code;	109748

(CC) For the purpose of acquiring, rehabilitating, or	109749
developing rail property or rail service. As used in this	109750
division, "rail property" and "rail service" have the same	109751
meanings as in section 4981.01 of the Revised Code. This division	109752
applies only to a county, township, or municipal corporation.	109753

(DD) For the purpose of acquiring property for, constructing,	109754
operating, and maintaining community centers as provided for in	109755
section 755.16 of the Revised Code;	109756

(EE) For the creation and operation of an office or joint	109757
office of economic development, for any economic development	109758
purpose of the office, and to otherwise provide for the	109759
establishment and operation of a program of economic development	109760
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	109761
the extent that the expenses of a county land reutilization	109762
corporation organized under Chapter 1724. of the Revised Code are	109763
found by the board of county commissioners to constitute the	109764
promotion of economic development, for the payment of such	109765
operations and expenses;	109766

(FF) For the purpose of acquiring, establishing,	109767
constructing, improving, equipping, maintaining, or operating, or	109768
any combination of the foregoing, a township airport, landing	109769
field, or other air navigation facility pursuant to section 505.15	109770
of the Revised Code;	109771

(GG) For the payment of costs incurred by a township as a	109772
result of a contract made with a county pursuant to section	109773
505.263 of the Revised Code in order to pay all or any part of the	109774
cost of constructing, maintaining, repairing, or operating a water	109775
supply improvement;	109776

(HH) For a board of township trustees to acquire, other than	109777
by appropriation, an ownership interest in land, water, or	109778
wetlands, or to restore or maintain land, water, or wetlands in	109779
which the board has an ownership interest, not for purposes of	109780
recreation, but for the purposes of protecting and preserving the	109781
natural, scenic, open, or wooded condition of the land, water, or	109782
wetlands against modification or encroachment resulting from	109783
occupation, development, or other use, which may be styled as	109784
protecting or preserving "greenspace" in the resolution, notice of	109785
election, or ballot form. Except as otherwise provided in this	109786
division, land is not acquired for purposes of recreation, even if	109787
the land is used for recreational purposes, so long as no	109788
building, structure, or fixture used for recreational purposes is	109789
permanently attached or affixed to the land. Except as otherwise	109790
provided in this division, land that previously has been acquired	109791
in a township for these greenspace purposes may subsequently be	109792
used for recreational purposes if the board of township trustees	109793
adopts a resolution approving that use and no building, structure,	109794
or fixture used for recreational purposes is permanently attached	109795
or affixed to the land. The authorization to use greenspace land	109796
for recreational use does not apply to land located in a township	109797
that had a population, at the time it passed its first greenspace	109798
levy, of more than thirty-eight thousand within a county that had	109799
a population, at that time, of at least eight hundred sixty	109800
thousand.	109801

(II) For the support by a county of a crime victim assistance	109802
program that is provided and maintained by a county agency or a	109803
private, nonprofit corporation or association under section 307.62	109804
of the Revised Code;	109805

(JJ) For any or all of the purposes set forth in divisions	109806
(I) and (J) of this section. This division applies only to a	109807
township.	109808

(KK) For a countywide public safety communications system	109809
under section 307.63 of the Revised Code. This division applies	109810
only to counties.	109811

(LL) For the support by a county of criminal justice services	109812
under section 307.45 of the Revised Code;	109813

(MM) For the purpose of maintaining and operating a jail or	109814
other detention facility as defined in section 2921.01 of the	109815
Revised Code;	109816

(NN) For purchasing, maintaining, or improving, or any	109817
combination of the foregoing, real estate on which to hold, and	109818
the operating expenses of, agricultural fairs operated by a county	109819
agricultural society or independent agricultural society under	109820
Chapter 1711. of the Revised Code. This division applies only to a	109821
county.	109822

(OO) For constructing, rehabilitating, repairing, or	109823
maintaining sidewalks, walkways, trails, bicycle pathways, or	109824
similar improvements, or acquiring ownership interests in land	109825
necessary for the foregoing improvements;	109826

(PP) For both of the purposes set forth in divisions (G) and	109827
(OO) of this section.	109828

(QQ) For both of the purposes set forth in divisions (H) and	109829
(HH) of this section. This division applies only to a township.	109830

(RR) For the legislative authority of a municipal	109831
corporation, board of county commissioners of a county, or board	109832
of township trustees of a township to acquire agricultural	109833
easements, as defined in section 5301.67 of the Revised Code, and	109834
to supervise and enforce the easements.	109835

(SS) For both of the purposes set forth in divisions (BB) and	109836
(KK) of this section. This division applies only to a county.	109837

(TT) For the maintenance and operation of a facility that is	109838
organized in whole or in part to promote the sciences and natural	109839
history under section 307.761 of the Revised Code.	109840

(UU) For the creation and operation of a county land	109841
reutilization corporation and for any programs or activities of	109842
the corporation found by the board of directors of the corporation	109843
to be consistent with the purposes for which the corporation is	109844
organized;	109845

(VV) For construction and maintenance of improvements and	109846
expenses of soil and water conservation district programs under	109847
Chapter 1515. of the Revised Code;	109848

(WW) For the ~~Ohio cooperative~~OSU extension ~~service~~ fund	109849
created under section 3335.35 of the Revised Code for the purposes	109850
prescribed under section 3335.36 of the Revised Code for the	109851
benefit of the citizens of a county. This division applies only to	109852
a county.	109853

(XX) For a municipal corporation that withdraws or proposes	109854
by resolution to withdraw from a regional transit authority under	109855
section 306.55 of the Revised Code to provide transportation	109856
services for the movement of persons within, from, or to the	109857
municipal corporation;	109858

(YY) For any combination of the purposes specified in	109859
divisions (NN), (VV), and (WW) of this section. This division	109860
applies only to a county.	109861

The resolution shall be confined to the purpose or purposes	109862
described in one division of this section, to which the revenue	109863
derived therefrom shall be applied. The existence in any other	109864
division of this section of authority to levy a tax for any part	109865
or all of the same purpose or purposes does not preclude the use	109866
of such revenues for any part of the purpose or purposes of the	109867
division under which the resolution is adopted.	109868

The resolution shall specify the amount of the increase in	109869
rate that it is necessary to levy, the purpose of that increase in	109870
rate, and the number of years during which the increase in rate	109871
shall be in effect, which may or may not include a levy upon the	109872
duplicate of the current year. The number of years may be any	109873
number not exceeding five, except as follows:	109874

(1) When the additional rate is for the payment of debt	109875
charges, the increased rate shall be for the life of the	109876
indebtedness.	109877

(2) When the additional rate is for any of the following, the	109878
increased rate shall be for a continuing period of time:	109879

(a) For the current expenses for a detention facility	109880
district, a district organized under section 2151.65 of the	109881
Revised Code, or a combined district organized under sections	109882
2151.65 and 2152.41 of the Revised Code;	109883

(b) For providing a county's share of the cost of maintaining	109884
and operating schools, district detention facilities, forestry	109885
camps, or other facilities, or any combination thereof,	109886
established under section 2151.65 or 2152.41 of the Revised Code	109887
or under both of those sections.	109888

(3) When the additional rate is for either of the following,	109889
the increased rate may be for a continuing period of time:	109890

(a) For the purposes set forth in division (I), (J), (U), or	109891
(KK) of this section;	109892

(b) For the maintenance and operation of a joint recreation	109893
district.	109894

(4) When the increase is for the purpose or purposes set	109895
forth in division (D), (G), (H), (CC), or (PP) of this section,	109896
the tax levy may be for any specified number of years or for a	109897
continuing period of time, as set forth in the resolution.	109898

(5) When the additional rate is for the purpose described in	109899
division (Z) of this section, the increased rate shall be for any	109900
number of years not exceeding ten.	109901

A levy for one of the purposes set forth in division (G),	109902
(I), (J), or (U) of this section may be reduced pursuant to	109903
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	109904
the purposes set forth in division (G), (I), (J), or (U) of this	109905
section may also be terminated or permanently reduced by the	109906
taxing authority if it adopts a resolution stating that the	109907
continuance of the levy is unnecessary and the levy shall be	109908
terminated or that the millage is excessive and the levy shall be	109909
decreased by a designated amount.	109910

A resolution of a detention facility district, a district	109911
organized under section 2151.65 of the Revised Code, or a combined	109912
district organized under both sections 2151.65 and 2152.41 of the	109913
Revised Code may include both current expenses and other purposes,	109914
provided that the resolution shall apportion the annual rate of	109915
levy between the current expenses and the other purpose or	109916
purposes. The apportionment need not be the same for each year of	109917
the levy, but the respective portions of the rate actually levied	109918
each year for the current expenses and the other purpose or	109919
purposes shall be limited by the apportionment.	109920

Whenever a board of county commissioners, acting either as	109921
the taxing authority of its county or as the taxing authority of a	109922
sewer district or subdistrict created under Chapter 6117. of the	109923
Revised Code, by resolution declares it necessary to levy a tax in	109924
excess of the ten-mill limitation for the purpose of constructing,	109925
improving, or extending sewage disposal plants or sewage systems,	109926
the tax may be in effect for any number of years not exceeding	109927
twenty, and the proceeds of the tax, notwithstanding the general	109928
provisions of this section, may be used to pay debt charges on any	109929
obligations issued and outstanding on behalf of the subdivision	109930
for the purposes enumerated in this paragraph, provided that any	109931
such obligations have been specifically described in the	109932
resolution.	109933

A resolution adopted by the legislative authority of a	109934
municipal corporation that is for the purpose in division (XX) of	109935
this section may be combined with the purpose provided in section	109936
306.55 of the Revised Code, by vote of two-thirds of all members	109937
of the legislative authority. The legislative authority may	109938
certify the resolution to the board of elections as a combined	109939
question. The question appearing on the ballot shall be as	109940
provided in section 5705.252 of the Revised Code.	109941

The resolution shall go into immediate effect upon its	109942
passage, and no publication of the resolution is necessary other	109943
than that provided for in the notice of election.	109944

When the electors of a subdivision or, in the case of a	109945
qualifying library levy for the support of a library association	109946
or private corporation, the electors of the association library	109947
district, have approved a tax levy under this section, the taxing	109948
authority of the subdivision may anticipate a fraction of the	109949
proceeds of the levy and issue anticipation notes in accordance	109950
with section 5705.191 or 5705.193 of the Revised Code.	109951

Sec. 5705.192. (A) For the purposes of this section only,	109952
"taxing authority" includes a township board of park commissioners	109953
appointed under section 511.18 of the Revised Code.	109954

(B) A taxing authority may propose to replace an existing	109955
levy that the taxing authority is authorized to levy, regardless	109956
of the section of the Revised Code under which the authority is	109957
granted, except a school district emergency levy proposed pursuant	109958
to sections 5705.194 to 5705.197 of the Revised Code. The taxing	109959
authority may propose to replace the existing levy in its entirety	109960
at the rate at which it is authorized to be levied; may propose to	109961
replace a portion of the existing levy at a lesser rate; or may	109962
propose to replace the existing levy in its entirety and increase	109963
the rate at which it is levied. If the taxing authority proposes	109964
to replace an existing levy, the proposed levy shall be called a	109965
replacement levy and shall be so designated on the ballot. Except	109966
as otherwise provided in this division, a replacement levy shall	109967
be limited to the purpose of the existing levy, and shall appear	109968
separately on the ballot from, and shall not be conjoined with,	109969
the renewal of any other existing levy. In the case of an existing	109970
school district levy imposed under section 5705.21 of the Revised	109971
Code for the purpose specified in division (F) of section 5705.19	109972
of the Revised Code, or in the case of an existing school district	109973
levy imposed under section 5705.217 of the Revised Code for the	109974
acquisition, construction, enlargement, renovation, and financing	109975
of permanent improvements, the replacement for that existing levy	109976
may be for the same purpose or for the purpose of general	109977
permanent improvements as defined in section 5705.21 of the	109978
Revised Code.	109979

The resolution proposing a replacement levy shall specify the	109980
purpose of the levy; its proposed rate expressed in mills; whether	109981
the proposed rate is the same as the rate of the existing levy, a	109982
reduction, or an increase; the extent of any reduction or increase	109983
expressed in mills; the first calendar year in which the levy will	109984
be due; and the term of the levy, expressed in years or, if	109985
applicable, that it will be levied for a continuing period of	109986
time.	109987

The sections of the Revised Code governing the maximum rate	109988
and term of the existing levy, the contents of the resolution that	109989
proposed the levy, the adoption of the resolution, the	109990
arrangements for the submission of the question of the levy, and	109991
notice of the election also govern the respective provisions of	109992
the proposal to replace the existing levy, except as provided in	109993
divisions (B)(1) to (3) of this section:	109994

(1) In the case of an existing school district levy that is	109995
imposed under section 5705.21 of the Revised Code for the purpose	109996
specified in division (F) of section 5705.19 of the Revised Code	109997
or under section 5705.17 of the Revised Code for the acquistion,	109998
construction, enlargement, renovation, and financing of permanent	109999
improvements, and that is to be replaced by a levy for general	110000
permanent improvements, the maximum term of the replacement levy	110001
is not limited to the term of the existing levy and may be for a	110002
continuing period of time.	110003

(2) The date on which the election is held shall be as	110004
follows:	110005

(a) For the replacement of a levy with a fixed term of years,	110006
the date of the general election held during the last year the	110007
existing levy may be extended on the real and public utility	110008
property tax list and duplicate, or the date of any election held	110009
in the ensuing year;	110010

(b) For the replacement of a levy imposed for a continuing	110011
period of time, the date of any election held in any year after	110012
the year the levy to be replaced is first approved by the	110013
electors, except that only one election on the question of	110014
replacing the levy may be held during any calendar year.	110015

The failure by the electors to approve a proposal to replace	110016
a levy imposed for a continuing period of time does not terminate	110017
the existing continuing levy.	110018

(3) In the case of an existing school district levy imposed	110019
under division (B) of section 5705.21, division (C) of section	110020
5705.212, or division (J) of section 5705.218 of the Revised Code,	110021
the rates allocated to the municipal school district and to	110022
partnering community schools each may be increased or decreased or	110023
remain the same, and the total rate may be increased, decreased,	110024
or remain the same.	110025

(C) The form of the ballot at the election on the question of	110026
a replacement levy shall be as follows:	110027

"A replacement of a tax for the benefit of .......... (name	110028
of subdivision or public library) for the purpose of ..........	110029
(the purpose stated in the resolution) at a rate not exceeding	110030
.......... mills for each one dollar of valuation, which amounts	110031
to .......... (rate expressed in dollars and cents) for each one	110032
hundred dollars in valuation, for .......... (number of years levy	110033
is to run, or that it will be levied for a continuous period of	110034
time)	110035

110036

		FOR THE TAX LEVY			110037
		AGAINST THE TAX LEVY	"		110038

110039

If the replacement levy is proposed by a municipal school	110040
district to replace an existing tax levied under division (B) of	110041
section 5705.21, division (C)(1) of section 5705.212, or division	110042
(J) of section 5705.218 of the Revised Code, the form of the	110043
ballot shall be modified by adding, after the phrase "each one	110044
dollar of valuation," the following: "(of which ...... mills is to	110045
be allocated to partnering community schools)."	110046

If the proposal is to replace an existing levy and increase	110047
the rate of the existing levy, the form of the ballot shall be	110048
changed by adding the words ".......... mills of an existing levy	110049
and an increase of .......... mills, to constitute" after the	110050
words "a replacement of." If the proposal is to replace only a	110051
portion of an existing levy, the form of the ballot shall be	110052
changed by adding the words "a portion of an existing levy, being	110053
a reduction of .......... mills, to constitute" after the words "a	110054
replacement of." If the existing levy is imposed under division	110055
(B) of section 5705.21, division (C)(1) of section 5705.212, or	110056
division (J) of section 5705.218 of the Revised Code, the form of	110057
the ballot also shall state the portion of the total increased	110058
rate or of the total rate as reduced that is to be allocated to	110059
partnering community schools.	110060

If the tax is to be placed on the tax list of the current tax	110061
year, the form of the ballot shall be modified by adding at the	110062
end of the form the phrase ", commencing in .......... (first year	110063
the replacement tax is to be levied), first due in calendar year	110064
.......... (first calendar year in which the tax shall be due)."	110065

The question covered by the resolution shall be submitted as	110066
a separate proposition, but may be printed on the same ballot with	110067
any other proposition submitted at the same election, other than	110068
the election of officers. More than one such question may be	110069
submitted at the same election.	110070

(D) Two existing levies, or any portion of those levies, may	110071
be combined into one replacement levy, so long as both of the	110072
existing levies are for the same purpose and either both are due	110073
to expire the same year or both are for a continuing period of	110074
time. The question of combining all or portions of the two	110075
existing levies into the replacement levy shall appear as one	110076
ballot proposition before the electors. If the electors approve	110077
the ballot proposition, all or the stated portions of the two	110078
existing levies are replaced by one replacement levy.	110079

(E) A levy approved in excess of the ten-mill limitation	110080
under this section shall be certified to the tax commissioner. In	110081
the first year of a levy approved under this section, the levy	110082
shall be extended on the tax lists after the February settlement	110083
succeeding the election at which the levy was approved. If the	110084
levy is to be placed on the tax lists of the current year, as	110085
specified in the resolution providing for its submission, the	110086
result of the election shall be certified immediately after the	110087
canvass by the board of elections to the taxing authority, which	110088
shall forthwith make the necessary levy and certify it to the	110089
county auditor, who shall extend it on the tax lists for	110090
collection. After the first year, the levy shall be included in	110091
the annual tax budget that is certified to the county budget	110092
commission.	110093

If notes are authorized to be issued in anticipation of the	110094
proceeds of the existing levy, notes may be issued in anticipation	110095
of the proceeds of the replacement levy, and such issuance is	110096
subject to the terms and limitations governing the issuance of	110097
notes in anticipation of the proceeds of the existing levy.	110098

(F) This section does not authorize a tax to be levied in any	110099
year after the year in which revenue is not needed for the purpose	110100
for which the tax is levied.	110101

Sec. 5705.217. (A) The board of education of a city, local,	110102
or exempted village school district, at any time by a vote of	110103
two-thirds of all its members, may declare by resolution that the	110104
amount of taxes that can be raised within the ten-mill limitation	110105
will be insufficient to provide an adequate amount for the present	110106
and future requirements of the school district; that it is	110107
necessary to levy an additional tax in excess of that limitation	110108
for the purposes of providing funds for current operating expenses	110109
and for ~~the acquisition, construction, enlargement, renovation,~~	110110
~~and financing of~~general permanent improvements as defined in	110111
section 5705.21 of the Revised Code; and that the question of the	110112
tax shall be submitted to the electors of the district at a	110113
special election. The tax may be levied for a specified number of	110114
years not exceeding five or~~, if the tax is for current operating~~	110115
~~expenses or for general, on-going permanent improvements,~~ for a	110116
continuing period of time. The resolution shall specify the	110117
proposed tax rate, the first year the tax will be levied, and the	110118
number of years it will be levied, or that it will be levied for a	110119
continuing period of time. The resolution shall apportion the	110120
annual rate of the tax between current operating expenses and	110121
permanent improvements. The apportionment may but need not be the	110122
same for each year of the tax, but the respective portions of the	110123
rate actually levied each year for current operating expenses and	110124
permanent improvements shall be limited by the apportionment.	110125

The resolution shall specify the date of holding the special	110126
election, which shall not be earlier than ninety days after	110127
certification of the resolution to the board of elections and	110128
shall be consistent with the requirements of section 3501.01 of	110129
the Revised Code. The resolution shall go into immediate effect	110130
upon its passage, and no publication of it is necessary other than	110131
that provided in the notice of election. The board of education	110132
shall certify a copy of the resolution to the board of elections	110133
immediately after its adoption. Section 5705.25 of the Revised	110134
Code governs the arrangements and form of the ballot for the	110135
submission of the question to the electors.	110136

If a majority of the electors voting on the question vote in	110137
favor of the tax, the board of education may make the levy at the	110138
additional rate, or at any lesser rate in excess of the ten-mill	110139
limitation. If the tax is for a continuing period of time, it may	110140
be decreased in accordance with section 5705.261 of the Revised	110141
Code.	110142

A board of education may adopt a resolution to renew one or	110143
more existing levies imposed under this section, or to increase or	110144
decrease the rate of a tax levied under this section, for the	110145
purpose of providing funds for either current expenses and general	110146
permanent improvements or solely for general permanent	110147
improvements.	110148

(B)(1) After the approval of a tax for current operating	110149
expenses under this section and prior to the time the first	110150
collection and distribution from the levy can be made, the board	110151
of education may anticipate a fraction of the proceeds of such	110152
levy and issue anticipation notes in a principal amount not	110153
exceeding fifty per cent of the total estimated proceeds of the	110154
tax to be collected during the first year of the levy.	110155

(2) After the approval of a tax ~~under this section~~ for	110156
general permanent improvements ~~having a specific purpose~~levied	110157
under this section for a specified number of years, the board of	110158
education may anticipate a fraction of the proceeds of such tax	110159
and issue anticipation notes in a principal amount not exceeding	110160
fifty per cent of the total estimated proceeds of the tax	110161
remaining to be collected in each year over a specified period of	110162
~~five~~ years, not exceeding the number of years for which the tax	110163
was levied, after issuance of the notes.	110164

(3) After the approval of a tax for general~~, on-going~~	110165
permanent improvements levied under this section for a continuing	110166
period of time, the board of education may anticipate a fraction	110167
of the proceeds of such tax and issue anticipation notes in a	110168
principal amount not exceeding fifty per cent of the total	110169
estimated proceeds of the tax to be collected in each year over a	110170
specified period of years, not exceeding ten, after issuance of	110171
the notes.	110172

Anticipation notes under this section shall be issued as	110173
provided in section 133.24 of the Revised Code. Notes issued under	110174
division (B)(1) or (2) of this section shall have principal	110175
payments during each year after the year of their issuance over a	110176
period not to exceed five years, and may have a principal payment	110177
in the year of their issuance. Notes issued under division (B)(3)	110178
of this section shall have principal payments during each year	110179
after the year of their issuance over a period not to exceed ten	110180
years, and may have a principal payment in the year of their	110181
issuance.	110182

(C) The submission of a question to the electors under this	110183
section is subject to the limitation on the number of elections	110184
that can be held in a year under section 5705.214 of the Revised	110185
Code.	110186

Sec. 5705.218. (A) The board of education of a city, local,	110187
or exempted village school district, at any time by a vote of	110188
two-thirds of all its members, may declare by resolution that it	110189
may be necessary for the school district to issue general	110190
obligation bonds for permanent improvements. The resolution shall	110191
state all of the following:	110192

(1) The necessity and purpose of the bond issue;

110193

(2) The date of the special election at which the question	110194
shall be submitted to the electors;	110195

(3) The amount, approximate date, estimated rate of interest,	110196
and maximum number of years over which the principal of the bonds	110197
may be paid;	110198

(4) The necessity of levying a tax outside the ten-mill	110199
limitation to pay debt charges on the bonds and any anticipatory	110200
securities.	110201

On adoption of the resolution, the board shall certify a copy	110202
of it to the county auditor. The county auditor promptly shall	110203
estimate and certify to the board the average annual property tax	110204
rate required throughout the stated maturity of the bonds to pay	110205
debt charges on the bonds, in the same manner as under division	110206
(C) of section 133.18 of the Revised Code.	110207

(B) After receiving the county auditor's certification under	110208
division (A) of this section, the board of education of the city,	110209
local, or exempted village school district, by a vote of	110210
two-thirds of all its members, may declare by resolution that the	110211
amount of taxes that can be raised within the ten-mill limitation	110212
will be insufficient to provide an adequate amount for the present	110213
and future requirements of the school district; that it is	110214
necessary to issue general obligation bonds of the school district	110215
for permanent improvements and to levy an additional tax in excess	110216
of the ten-mill limitation to pay debt charges on the bonds and	110217
any anticipatory securities; that it is necessary for a specified	110218
number of years or for a continuing period of time to levy	110219
additional taxes in excess of the ten-mill limitation to provide	110220
funds for the acquisition, construction, enlargement, renovation,	110221
and financing of permanent improvements or to pay for current	110222
operating expenses, or both; and that the question of the bonds	110223
and taxes shall be submitted to the electors of the school	110224
district at a special election, which shall not be earlier than	110225
ninety days after certification of the resolution to the board of	110226
elections, and the date of which shall be consistent with section	110227
3501.01 of the Revised Code. The resolution shall specify all of	110228
the following:	110229

(1) The county auditor's estimate of the average annual	110230
property tax rate required throughout the stated maturity of the	110231
bonds to pay debt charges on the bonds;	110232

(2) The proposed rate of the tax, if any, for current	110233
operating expenses, the first year the tax will be levied, and the	110234
number of years it will be levied, or that it will be levied for a	110235
continuing period of time;	110236

(3) The proposed rate of the tax, if any, for permanent	110237
improvements, the first year the tax will be levied, and the	110238
number of years it will be levied, or that it will be levied for a	110239
continuing period of time.	110240

The resolution shall apportion the annual rate of the tax	110241
between current operating expenses and permanent improvements, if	110242
both taxes are proposed. The apportionment may but need not be the	110243
same for each year of the tax, but the respective portions of the	110244
rate actually levied each year for current operating expenses and	110245
permanent improvements shall be limited by the apportionment. The	110246
resolution shall go into immediate effect upon its passage, and no	110247
publication of it is necessary other than that provided in the	110248
notice of election. The board of education shall certify a copy of	110249
the resolution, along with copies of the auditor's estimate and	110250
its resolution under division (A) of this section, to the board of	110251
elections immediately after its adoption.	110252

(C) The board of elections shall make the arrangements for	110253
the submission to the electors of the school district of the	110254
question proposed under division (B) or (J) of this section, and	110255
the election shall be conducted, canvassed, and certified in the	110256
same manner as regular elections in the district for the election	110257
of county officers. The resolution shall be put before the	110258
electors as one ballot question, with a favorable vote indicating	110259
approval of the bond issue, the levy to pay debt charges on the	110260
bonds and any anticipatory securities, the current operating	110261
expenses levy, the permanent improvements levy, and the levy for	110262
the current expenses of a municipal school district and of	110263
partnering community schools, as those levies may be proposed. The	110264
board of elections shall publish notice of the election in a	110265
newspaper of general circulation in the school district once a	110266
week for two consecutive weeks, or as provided in section 7.16 of	110267
the Revised Code, prior to the election. If a board of elections	110268
operates and maintains a web site, that board also shall post	110269
notice of the election on its web site for thirty days prior to	110270
the election. The notice of election shall state all of the	110271
following:	110272

(1) The principal amount of the proposed bond issue;

110273

(2) The permanent improvements for which the bonds are to be	110274
issued;	110275

(3) The maximum number of years over which the principal of	110276
the bonds may be paid;	110277

(4) The estimated additional average annual property tax rate	110278
to pay the debt charges on the bonds, as certified by the county	110279
auditor;	110280

(5) The proposed rate of the additional tax, if any, for	110281
current operating expenses and, if the question is proposed under	110282
division (J) of this section, the portion of the rate to be	110283
allocated to the school district and the portion to be allocated	110284
to partnering community schools;	110285

(6) The number of years the current operating expenses tax	110286
will be in effect, or that it will be in effect for a continuing	110287
period of time;	110288

(7) The proposed rate of the additional tax, if any, for	110289
permanent improvements;	110290

(8) The number of years the permanent improvements tax will	110291
be in effect, or that it will be in effect for a continuing period	110292
of time;	110293

(9) The time and place of the special election.

110294

(D) The form of the ballot for an election under this section	110295
is as follows:	110296

"Shall the .......... school district be authorized to do the	110297
following:	110298

(1) Issue bonds for the purpose of .......... in the	110299
principal amount of $......, to be repaid annually over a maximum	110300
period of ...... years, and levy a property tax outside the	110301
ten-mill limitation, estimated by the county auditor to average	110302
over the bond repayment period ...... mills for each one dollar of	110303
tax valuation, which amounts to ...... (rate expressed in cents or	110304
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	110305
tax valuation, to pay the annual debt charges on the bonds, and to	110306
pay debt charges on any notes issued in anticipation of those	110307
bonds?"	110308

If either a levy for permanent improvements or a levy for	110309
current operating expenses is proposed, or both are proposed, the	110310
ballot also shall contain the following language, as appropriate:	110311

"(2) Levy an additional property tax to provide funds for the	110312
acquisition, construction, enlargement, renovation, and financing	110313
of permanent improvements at a rate not exceeding ....... mills	110314
for each one dollar of tax valuation, which amounts to .......	110315
(rate expressed in cents or dollars and cents) for each $100 of	110316
tax valuation, for ...... (number of years of the levy, or a	110317
continuing period of time)?	110318

(3) Levy an additional property tax to pay current operating	110319
expenses at a rate not exceeding ....... mills for each one dollar	110320
of tax valuation, which amounts to ....... (rate expressed in	110321
cents or dollars and cents) for each $100 of tax valuation, for	110322
....... (number of years of the levy, or a continuing period of	110323
time)?	110324

110325

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			110326
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		110327

110328

If the question is proposed under division (J) of this	110329
section, the form of the ballot shall be modified as prescribed by	110330
division (J)(4) of this section.	110331

(E) The board of elections promptly shall certify the results	110332
of the election to the tax commissioner and the county auditor of	110333
the county in which the school district is located. If a majority	110334
of the electors voting on the question vote for it, the board of	110335
education may proceed with issuance of the bonds and with the levy	110336
and collection of the property tax or taxes at the additional rate	110337
or any lesser rate in excess of the ten-mill limitation. Any	110338
securities issued by the board of education under this section are	110339
Chapter 133. securities, as that term is defined in section 133.01	110340
of the Revised Code.	110341

(F)(1) After the approval of a tax for current operating	110342
expenses under this section and prior to the time the first	110343
collection and distribution from the levy can be made, the board	110344
of education may anticipate a fraction of the proceeds of such	110345
levy and issue anticipation notes in a principal amount not	110346
exceeding fifty per cent of the total estimated proceeds of the	110347
tax to be collected during the first year of the levy.	110348

(2) After the approval of a tax under this section for	110349
permanent improvements having a specific purpose, the board of	110350
education may anticipate a fraction of the proceeds of such tax	110351
and issue anticipation notes in a principal amount not exceeding	110352
fifty per cent of the total estimated proceeds of the tax	110353
remaining to be collected in each year over a period of five years	110354
after issuance of the notes.	110355

(3) After the approval of a tax under this section for	110356
general~~, on-going~~ permanent improvements as defined under ~~this~~	110357
section 5705.21 of the Revised Code, the board of education may	110358
anticipate a fraction of the proceeds of such tax and issue	110359
anticipation notes in a principal amount not exceeding fifty per	110360
cent of the total estimated proceeds of the tax to be collected in	110361
each year over a specified period of years, not exceeding ten,	110362
after issuance of the notes.	110363

Anticipation notes under this section shall be issued as	110364
provided in section 133.24 of the Revised Code. Notes issued under	110365
division (F)(1) or (2) of this section shall have principal	110366
payments during each year after the year of their issuance over a	110367
period not to exceed five years, and may have a principal payment	110368
in the year of their issuance. Notes issued under division (F)(3)	110369
of this section shall have principal payments during each year	110370
after the year of their issuance over a period not to exceed ten	110371
years, and may have a principal payment in the year of their	110372
issuance.	110373

(G) A tax for current operating expenses or for permanent	110374
improvements levied under this section for a specified number of	110375
years may be renewed or replaced in the same manner as a tax for	110376
current operating expenses or for permanent improvements levied	110377
under section 5705.21 of the Revised Code. A tax for current	110378
operating expenses or for permanent improvements levied under this	110379
section for a continuing period of time may be decreased in	110380
accordance with section 5705.261 of the Revised Code.	110381

(H) The submission of a question to the electors under this	110382
section is subject to the limitation on the number of elections	110383
that can be held in a year under section 5705.214 of the Revised	110384
Code.	110385

(I) A school district board of education proposing a ballot	110386
measure under this section to generate local resources for a	110387
project under the school building assistance expedited local	110388
partnership program under section 3318.36 of the Revised Code may	110389
combine the questions under division (D) of this section with a	110390
question for the levy of a property tax to generate moneys for	110391
maintenance of the classroom facilities acquired under that	110392
project as prescribed in section 3318.361 of the Revised Code.	110393

(J)(1) After receiving the county auditor's certification	110394
under division (A) of this section, the board of education of a	110395
municipal school district, by a vote of two-thirds of all its	110396
members, may declare by resolution that it is necessary to levy a	110397
tax in excess of the ten-mill limitation for the purpose of paying	110398
the current expenses of the school district and of partnering	110399
community schools, as defined in section 5705.21 of the Revised	110400
Code; that it is necessary to issue general obligation bonds of	110401
the school district for permanent improvements of the district and	110402
to levy an additional tax in excess of the ten-mill limitation to	110403
pay debt charges on the bonds and any anticipatory securities; and	110404
that the question of the bonds and taxes shall be submitted to the	110405
electors of the school district at a special election, which shall	110406
not be earlier than ninety days after certification of the	110407
resolution to the board of elections, and the date of which shall	110408
be consistent with section 3505.01 of the Revised Code.	110409

The levy of taxes for the current expenses of a partnering	110410
community school under division (J) of this section and the	110411
distribution of proceeds from the tax by a municipal school	110412
district to partnering community schools is hereby determined to	110413
be a proper public purpose.	110414

(2) The tax for the current expenses of the school district	110415
and of partnering community schools is subject to the requirements	110416
of divisions (B)(3), (4), and (5) of section 5705.21 of the	110417
Revised Code.	110418

(3) In addition to the required specifications of the	110419
resolution under division (B) of this section, the resolution	110420
shall express the rate of the tax in mills per dollar of taxable	110421
value, state the number of the mills to be levied for the current	110422
expenses of the partnering community schools and the number of the	110423
mills to be levied for the current expenses of the school	110424
district, specify the number of years (not exceeding ten) the tax	110425
will be levied or that it will be levied for a continuing period	110426
of time, and state the first year the tax will be levied.	110427

The resolution shall go into immediate effect upon its	110428
passage, and no publication of it is necessary other than that	110429
provided in the notice of election. The board of education shall	110430
certify a copy of the resolution, along with copies of the	110431
auditor's estimate and its resolution under division (A) of this	110432
section, to the board of elections immediately after its adoption.	110433

(4) The form of the ballot shall be modified by replacing the	110434
ballot form set forth in division (D)(3) of this section with the	110435
following:	110436

"Levy an additional property tax for the purpose of the	110437
current expenses of the school district and of partnering	110438
community schools at a rate not exceeding ...... (insert the	110439
number of mills) mills for each one dollar of valuation (of which	110440
...... (insert the number of mills to be allocated to partnering	110441
community schools) mills is to be allocated to partnering	110442
community schools), which amounts to ...... (insert the rate	110443
expressed in dollars and cents) for each one hundred dollars of	110444
valuation, for ...... (insert the number of years the levy is to	110445
be imposed, or that it will be levied for a continuing period of	110446
time)?	110447

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			110448
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		110449

(5) After the approval of a tax for the current expenses of	110450
the school district and of partnering community schools under	110451
division (J) of this section, and prior to the time the first	110452
collection and distribution from the levy can be made, the board	110453
of education may anticipate a fraction of the proceeds of the levy	110454
for the current expenses of the school district and issue	110455
anticipation notes in a principal amount not exceeding fifty per	110456
cent of the estimated proceeds of the levy to be collected during	110457
the first year of the levy and allocated to the school district.	110458
The portion of levy proceeds to be allocated to partnering	110459
community schools shall not be included in the estimated proceeds	110460
anticipated under this division and shall not be used to pay debt	110461
charges on any anticipation notes.	110462

The notes shall be issued as provided in section 133.24 of	110463
the Revised Code, shall have principal payments during each year	110464
after the year of their issuance over a period not to exceed five	110465
years, and may have a principal payment in the year of their	110466
issuance.	110467

(6) A tax for the current expenses of the school district and	110468
of partnering community schools levied under division (J) of this	110469
section for a specified number of years may be renewed or replaced	110470
in the same manner as a tax for the current expenses of a school	110471
district and of partnering community schools levied under division	110472
(B) of section 5705.21 of the Revised Code. A tax for the current	110473
expenses of the school district and of partnering community	110474
schools levied under this division for a continuing period of time	110475
may be decreased in accordance with section 5705.261 of the	110476
Revised Code.	110477

(7) The proceeds from the issuance of the general obligation	110478
bonds under division (J) of this section shall be used solely to	110479
pay for permanent improvements of the school district and not for	110480
permanent improvements of partnering community schools.	110481

Sec. 5705.221. (A) At any time, the board of county	110482
commissioners of any county by a majority vote of the full	110483
membership may declare by resolution and certify to the board of	110484
elections of the county that the amount of taxes which may be	110485
raised within the ten-mill limitation by levies on the current tax	110486
duplicate will be insufficient to provide the necessary	110487
requirements of the county's alcohol, drug addiction, and mental	110488
health service district established pursuant to Chapter 340. of	110489
the Revised Code, or the county's contribution to a joint-county	110490
district of which the county is a part, and that it is necessary	110491
to levy a tax in excess of such limitation for the operation of	110492
~~alcohol and drug~~community addiction ~~programs~~services providers	110493
and community mental health ~~programs~~services providers and the	110494
acquisition, construction, renovation, financing, maintenance, and	110495
operation of alcohol and drug addiction facilities and mental	110496
health facilities.	110497

Such resolution shall conform to section 5705.19 of the	110498
Revised Code, except that the increased rate may be in effect for	110499
any number of years not exceeding ten.	110500

The resolution shall be certified and submitted in the manner	110501
provided in section 5705.25 of the Revised Code, except that it	110502
may be placed on the ballot in any election, and shall be	110503
certified to the board of elections not less than ninety days	110504
before the election at which it will be voted upon.	110505

If the majority of the electors voting on a levy to	110506
supplement general fund appropriations for the support of the	110507
comprehensive ~~alcohol and drug~~community addiction and mental	110508
health ~~program~~services providers vote in favor of the levy, the	110509
board may levy a tax within the county at the additional rate	110510
outside the ten-mill limitation during the specified or continuing	110511
period, for the purpose stated in the resolution.	110512

(B) When electors have approved a tax levy under this	110513
section, the board of county commissioners may anticipate a	110514
fraction of the proceeds of the levy and, from time to time, issue	110515
anticipation notes in accordance with section 5705.191 or 5705.193	110516
of the Revised Code.	110517

(C) The county auditor who is the fiscal officer of the	110518
alcohol, drug addiction, and mental health service district, upon	110519
receipt of a resolution from the board of alcohol, drug addiction,	110520
and mental health services, shall establish for the district a	110521
capital improvements account or a reserve balance account, or	110522
both, as specified in the resolution. The capital improvements	110523
account shall be a contingency fund for the necessary acquisition,	110524
replacement, renovation, or construction of facilities and movable	110525
and fixed equipment. Upon the request of the board, funds not	110526
needed to pay for current expenses may be appropriated to the	110527
capital improvements account, in amounts such that the account	110528
does not exceed twenty-five per cent of the replacement value of	110529
all capital facilities and equipment currently used by the board	110530
for programs and services. Other funds which are available for	110531
current capital expenses from federal, state, or local sources may	110532
also be appropriated to this account.	110533

The reserve balance account shall contain those funds that	110534
are not needed to pay for current operating expenses and not	110535
deposited in the capital improvements account but that will be	110536
needed to pay for operating expenses in the future. Upon the	110537
request of a board, such funds shall be appropriated to the	110538
reserve balance account. Payments from the capital improvements	110539
account and the reserve balance account shall be made by the	110540
county treasurer who is the custodian of funds for the district	110541
upon warrants issued by the county auditor who is the fiscal	110542
officer of the district pursuant to orders of the board.	110543

Sec. 5705.25. (A) A copy of any resolution adopted as	110544
provided in section 5705.19 or 5705.2111 of the Revised Code shall	110545
be certified by the taxing authority to the board of elections of	110546
the proper county not less than ninety days before the general	110547
election in any year, and the board shall submit the proposal to	110548
the electors of the subdivision at the succeeding November	110549
election. In the case of a qualifying library levy, the board	110550
shall submit the question to the electors of the library district	110551
or association library district. Except as otherwise provided in	110552
this division, a resolution to renew an existing levy, regardless	110553
of the section of the Revised Code under which the tax was	110554
imposed, shall not be placed on the ballot unless the question is	110555
submitted at the general election held during the last year the	110556
tax to be renewed or replaced may be extended on the real and	110557
public utility property tax list and duplicate, or at any election	110558
held in the ensuing year. The limitation of the foregoing sentence	110559
does not apply to a resolution to renew and increase or to renew	110560
part of an existing levy that was imposed under section 5705.191	110561
of the Revised Code to supplement the general fund for the purpose	110562
of making appropriations for one or more of the following	110563
purposes: for public assistance, human or social services, relief,	110564
welfare, hospitalization, health, and support of general	110565
hospitals. The limitation of the second preceding sentence also	110566
does not apply to a resolution that proposes to renew two or more	110567
existing levies imposed under section 5705.21 or 5705.217 of the	110568
Revised Code, in which case the question shall be submitted on the	110569
date of the general or primary election held during the last year	110570
at least one of the levies to be renewed may be extended on the	110571
real and public utility property tax list and duplicate, or at any	110572
election held during the ensuing year. For purposes of this	110573
section, a levy shall be considered to be an "existing levy"	110574
through the year following the last year it can be placed on that	110575
tax list and duplicate.	110576

The board shall make the necessary arrangements for the	110577
submission of such questions to the electors of such subdivision,	110578
library district, or association library district, and the	110579
election shall be conducted, canvassed, and certified in the same	110580
manner as regular elections in such subdivision, library district,	110581
or association library district for the election of county	110582
officers. Notice of the election shall be published in a newspaper	110583
of general circulation in the subdivision, library district, or	110584
association library district once a week for two consecutive	110585
weeks, or as provided in section 7.16 of the Revised Code, prior	110586
to the election. If the board of elections operates and maintains	110587
a web site, the board of elections shall post notice of the	110588
election on its web site for thirty days prior to the election.	110589
The notice shall state the purpose, the proposed increase in rate	110590
expressed in dollars and cents for each one hundred dollars of	110591
valuation as well as in mills for each one dollar of valuation,	110592
the number of years during which the increase will be in effect,	110593
the first month and year in which the tax will be levied, and the	110594
time and place of the election.	110595

(B) The form of the ballots cast at an election held pursuant	110596
to division (A) of this section shall be as follows:	110597

"An additional tax for the benefit of (name of subdivision or	110598
public library) .......... for the purpose of (purpose stated in	110599
the resolution) .......... at a rate not exceeding ...... mills	110600
for each one dollar of valuation, which amounts to (rate expressed	110601
in dollars and cents) ............ for each one hundred dollars of	110602
valuation, for ...... (life of indebtedness or number of years the	110603
levy is to run).	110604

110605

		For the Tax Levy			110606
		Against the Tax Levy	"		110607

110608

(C) If the levy is to be in effect for a continuing period of	110609
time, the notice of election and the form of ballot shall so state	110610
instead of setting forth a specified number of years for the levy.	110611

If the tax is to be placed on the current tax list, the form	110612
of the ballot shall be modified by adding, after the statement of	110613
the number of years the levy is to run, the phrase ", commencing	110614
in .......... (first year the tax is to be levied), first due in	110615
calendar year .......... (first calendar year in which the tax	110616
shall be due)."	110617

If the levy submitted is a proposal to renew, increase, or	110618
decrease an existing levy, the form of the ballot specified in	110619
division (B) of this section may be changed by substituting for	110620
the words "An additional" at the beginning of the form, the words	110621
"A renewal of a" in case of a proposal to renew an existing levy	110622
in the same amount; the words "A renewal of ........ mills and an	110623
increase of ...... mills to constitute a" in the case of an	110624
increase; or the words "A renewal of part of an existing levy,	110625
being a reduction of ...... mills, to constitute a" in the case of	110626
a decrease in the proposed levy.	110627

If the levy submitted is a proposal to renew two or more	110628
existing levies imposed under section 5705.21 or 5705.217 of the	110629
Revised Code, the form of the ballot specified in division (B) of	110630
this section shall be modified by substituting for the words "an	110631
additional tax" the words "a renewal of ....(insert the number of	110632
levies to be renewed) existing taxes."	110633

If the levy submitted is a levy under section 5705.72 of the	110634
Revised Code or a proposal to renew, increase, or decrease an	110635
existing levy imposed under that section, the name of the	110636
subdivision shall be "the unincorporated area of .......... (name	110637
of township)."	110638

The question covered by such resolution shall be submitted as	110639
a separate proposition but may be printed on the same ballot with	110640
any other proposition submitted at the same election, other than	110641
the election of officers. More than one such question may be	110642
submitted at the same election.	110643

(D) A levy voted in excess of the ten-mill limitation under	110644
this section shall be certified to the tax commissioner. In the	110645
first year of the levy, it shall be extended on the tax lists	110646
after the February settlement succeeding the election. If the	110647
additional tax is to be placed upon the tax list of the current	110648
year, as specified in the resolution providing for its submission,	110649
the result of the election shall be certified immediately after	110650
the canvass by the board of elections to the taxing authority, who	110651
shall make the necessary levy and certify it to the county	110652
auditor, who shall extend it on the tax lists for collection.	110653
After the first year, the tax levy shall be included in the annual	110654
tax budget that is certified to the county budget commission.	110655

Sec. 5705.412. (A) As used in this section, "qualifying	110656
contract" means any agreement for the expenditure of money under	110657
which aggregate payments from the funds included in the school	110658
district's five-year forecast under section 5705.391 of the	110659
Revised Code will exceed the lesser of the following amounts:	110660

(1) Five hundred thousand dollars;

110661

(2) One per cent of the total revenue to be credited in the	110662
current fiscal year to the district's general fund, as specified	110663
in the district's most recent certificate of estimated resources	110664
certified under section 5705.36 of the Revised Code.	110665

(B)(1) Notwithstanding section 5705.41 of the Revised Code,	110666
no school district shall adopt any appropriation measure, make any	110667
qualifying contract, or increase during any school year any wage	110668
or salary schedule unless there is attached thereto a certificate,	110669
signed as required by this section, that the school district has	110670
in effect the authorization to levy taxes including the renewal or	110671
replacement of existing levies which, when combined with the	110672
estimated revenue from all other sources available to the district	110673
at the time of certification, are sufficient to provide the	110674
operating revenues necessary to enable the district to maintain	110675
all personnel and programs for all the days set forth in its	110676
adopted school calendars for the current fiscal year and for a	110677
number of days in succeeding fiscal years equal to the number of	110678
days instruction was held or is scheduled for the current fiscal	110679
year, as follows:	110680

(a) A certificate attached to an appropriation measure under	110681
this section shall cover only the fiscal year in which the	110682
appropriation measure is effective and shall not consider the	110683
renewal or replacement of an existing levy as the authority to	110684
levy taxes that are subject to appropriation in the current fiscal	110685
year unless the renewal or replacement levy has been approved by	110686
the electors and is subject to appropriation in the current fiscal	110687
year.	110688

(b) A certificate attached, in accordance with this section,	110689
to any qualifying contract shall cover the term of the contract.	110690

(c) A certificate attached under this section to a wage or	110691
salary schedule shall cover the term of the schedule.	110692

If the board of education has not adopted a school calendar	110693
for the school year beginning on the first day of the fiscal year	110694
in which a certificate is required, the certificate attached to an	110695
appropriation measure shall include the number of days on which	110696
instruction was held in the preceding fiscal year and other	110697
certificates required under this section shall include that number	110698
of days for the fiscal year in which the certificate is required	110699
and any succeeding fiscal years that the certificate must cover.	110700

The certificate shall be signed by the treasurer and	110701
president of the board of education and the superintendent of the	110702
school district, unless the district is in a state of fiscal	110703
emergency declared under Chapter 3316. of the Revised Code. In	110704
that case, the certificate shall be signed by a member of the	110705
district's financial planning and supervision commission who is	110706
designated by the commission for this purpose.	110707

(2) In lieu of the certificate required under division (B) of	110708
this section, an alternative certificate stating the following may	110709
be attached:	110710

(a) The contract is a multi-year contract for materials,	110711
equipment, or nonpayroll services essential to the education	110712
program of the district;	110713

(b) The multi-year contract demonstrates savings over the	110714
duration of the contract as compared to costs that otherwise would	110715
have been demonstrated in a single year contract, and the terms	110716
will allow the district to reduce the deficit it is currently	110717
facing in future years as demonstrated in its five-year forecast	110718
adopted in accordance with section 5705.391 of the Revised Code.	110719

The certificate shall be signed by the treasurer and	110720
president of the board of education and the superintendent of the	110721
school district, unless the district is in a state of fiscal	110722
emergency declared under Chapter 3316. of the Revised Code. In	110723
that case, the certificate shall be signed by a member of the	110724
district's financial planning and supervision commission who is	110725
designated by the commission for this purpose.	110726

(C) Every qualifying contract made or wage or salary schedule	110727
adopted or put into effect without such a certificate shall be	110728
void, and no payment of any amount due thereon shall be made.	110729

(D) The department of education and the auditor of state	110730
jointly shall adopt rules governing the methods by which	110731
treasurers, presidents of boards of education, superintendents,	110732
and members of financial planning and supervision commissions	110733
shall estimate revenue and determine whether such revenue is	110734
sufficient to provide necessary operating revenue for the purpose	110735
of making certifications required by this section.	110736

(E) The auditor of state shall be responsible for determining	110737
whether school districts are in compliance with this section. At	110738
the time a school district is audited pursuant to section 117.11	110739
of the Revised Code, the auditor of state shall review each	110740
certificate issued under this section since the district's last	110741
audit, and the appropriation measure, contract, or wage and salary	110742
schedule to which such certificate was attached. If the auditor of	110743
state determines that a school district has not complied with this	110744
section with respect to any qualifying contract or wage or salary	110745
schedule, the auditor of state shall notify the prosecuting	110746
attorney for the county, the city director of law, or other chief	110747
law officer of the school district. That officer may file a civil	110748
action in any court of appropriate jurisdiction to seek a	110749
declaration that the contract or wage or salary schedule is void,	110750
to recover for the school district from the payee the amount of	110751
payments already made under it, or both, except that the officer	110752
shall not seek to recover payments made under any collective	110753
bargaining agreement entered into under Chapter 4117. of the	110754
Revised Code. If the officer does not file such an action within	110755
one hundred twenty days after receiving notice of noncompliance	110756
from the auditor of state, any taxpayer may institute the action	110757
in the taxpayer's own name on behalf of the school district.	110758

(F) ~~This section does not apply to any contract or increase~~	110759
~~in any wage or salary schedule that is necessary in order to~~	110760
~~enable a board of education to comply with division (B) of section~~	110761
~~3317.13 of the Revised Code, provided the contract or increase~~	110762
~~does not exceed the amount required to be paid to be in compliance~~	110763
~~with such division.~~	110764

~~(G)~~ Any officer, employee, or other person who expends or	110765
authorizes the expenditure of any public funds or authorizes or	110766
executes any contract or schedule contrary to this section,	110767
expends or authorizes the expenditure of any public funds on the	110768
void contract or schedule, or issues a certificate under this	110769
section which contains any false statements is liable to the	110770
school district for the full amount paid from the district's funds	110771
on the contract or schedule. The officer, employee, or other	110772
person is jointly and severally liable in person and upon any	110773
official bond that the officer, employee, or other person has	110774
given to the school district to the extent of any payments on the	110775
void claim, not to exceed ten thousand dollars. However, no	110776
officer, employee, or other person shall be liable for a mistaken	110777
estimate of available resources made in good faith and based upon	110778
reasonable grounds. If an officer, employee, or other person is	110779
found to have complied with rules jointly adopted by the	110780
department of education and the auditor of state under this	110781
section governing methods by which revenue shall be estimated and	110782
determined sufficient to provide necessary operating revenue for	110783
the purpose of making certifications required by this section, the	110784
officer, employee, or other person shall not be liable under this	110785
section if the estimates and determinations made according to	110786
those rules do not, in fact, conform with actual revenue. The	110787
prosecuting attorney of the county, the city director of law, or	110788
other chief law officer of the district shall enforce this	110789
liability by civil action brought in any court of appropriate	110790
jurisdiction in the name of and on behalf of the school district.	110791
If the prosecuting attorney, city director of law, or other chief	110792
law officer of the district fails, upon the written request of any	110793
taxpayer, to institute action for the enforcement of the	110794
liability, the attorney general, or the taxpayer in the taxpayer's	110795
own name, may institute the action on behalf of the subdivision.	110796

~~(H)~~(G) This section does not require the attachment of an	110797
additional certificate beyond that required by section 5705.41 of	110798
the Revised Code for current payrolls of, or contracts of	110799
employment with, any employees or officers of the school district.	110800

This section does not require the attachment of a certificate	110801
to a temporary appropriation measure if all of the following	110802
apply:	110803

(1) The amount appropriated does not exceed twenty-five per	110804
cent of the total amount from all sources available for	110805
expenditure from any fund during the preceding fiscal year;	110806

(2) The measure will not be in effect on or after the	110807
thirtieth day following the earliest date on which the district	110808
may pass an annual appropriation measure;	110809

(3) An amended official certificate of estimated resources	110810
for the current year, if required, has not been certified to the	110811
board of education under division (B) of section 5705.36 of the	110812
Revised Code.	110813

Sec. 5705.55. (A) The board of directors of a lake	110814
facilities authority, by a vote of two-thirds of all its members,	110815
may at any time declare by resolution that the amount of taxes	110816
which may be raised within the ten-mill limitation by levies on	110817
the current tax duplicate will be insufficient to provide an	110818
adequate amount for the necessary requirements of the authority,	110819
that it is necessary to levy a tax in excess of such limitation	110820
for any of the purposes specified in divisions (A), (B), (F), and	110821
(H) of section 5705.19 of the Revised Code, and that the question	110822
of such additional tax levy shall be submitted by the board to the	110823
electors residing within the boundaries of the impacted lake	110824
district on the day of a primary or general election. The	110825
resolution shall conform to section 5705.19 of the Revised Code,	110826
except that the tax levy may be in effect for no more than five	110827
years, as set forth in the resolution, unless the levy is for the	110828
payment of debt charges, and the total number of mills levied for	110829
each dollar of taxable valuation that may be levied under this	110830
section for any tax year shall not exceed one mill. If the levy is	110831
for the payment of debt charges, the levy shall be for the life of	110832
the bond indebtedness.	110833

The resolution shall specify the date of holding the	110834
election, which shall not be earlier than ninety days after the	110835
adoption and certification of the resolution to the board of	110836
elections. The resolution shall not include a levy on the current	110837
tax list and duplicate unless the election is to be held at or	110838
prior to the first Tuesday after the first Monday in November of	110839
the current tax year.	110840

The resolution shall be certified to the board of elections	110841
of the proper county or counties not less than ninety days before	110842
the date of the election. The resolution shall go into immediate	110843
effect upon its passage, and no publication of the resolution	110844
shall be necessary other than that provided in the notice of	110845
election. Section 5705.25 of the Revised Code shall govern the	110846
arrangements for the submission of such question and other matters	110847
concerning the election, to which that section refers, except that	110848
the election shall be held on the date specified in the	110849
resolution. If a majority of the electors voting on the question	110850
so submitted in an election vote in favor of the levy, the board	110851
of directors may forthwith make the necessary levy within the	110852
boundaries of the impacted lake district at the additional rate in	110853
excess of the ten-mill limitation on the tax list, for the purpose	110854
stated in the resolution. The tax levy shall be included in the	110855
next annual tax budget that is certified to the county budget	110856
commission.	110857

(B) The form of the ballot in an election held on the	110858
question of levying a tax proposed pursuant to this section shall	110859
be as follows or in any other form acceptable to the secretary of	110860
state:	110861

"A tax for the benefit of (name of lake facilities authority)	110862
.......... for the purpose of .......... at a rate not exceeding	110863
......... mills for each one dollar of valuation, which amounts to	110864
(rate expressed in dollars and cents) ............ for each one	110865
hundred dollars of valuation, for ............ (life of	110866
indebtedness or number of years the levy is to run).	110867

110868

		For the Tax Levy			110869
		Against the Tax Levy	"		110870

110871

(C) On approval of the levy, notes may be issued in	110872
anticipation of the collection of the proceeds of the tax levy,	110873
other than the proceeds to be received for the payment of bond	110874
debt charges, in the amount and manner and at the times as are	110875
provided in section 5705.193 of the Revised Code, for the issuance	110876
of notes by a county in anticipation of the proceeds of a tax	110877
levy. The lake facilities authority may borrow money in	110878
anticipation of the collection of current revenues as provided in	110879
section 133.10 of the Revised Code.	110880

(D) If a tax is levied under this section in a tax year, no	110881
other taxing authority of a subdivision or taxing unit, including	110882
a port authority, may levy a tax on property in the impacted lake	110883
district in the same tax year if the purpose of the levy is	110884
substantially the same as the purpose for which the lake	110885
facilities authority of the impacted lake district was created.	110886

Sec. 5709.17. The following property shall be exempted from	110887
taxation:	110888

(A) Real estate held or occupied by an association or	110889
corporation, organized or incorporated under the laws of this	110890
state relative to soldiers' memorial associations, monumental	110891
building associations, or cemetery associations or corporations,	110892
which in the opinion of the trustees, directors, or managers	110893
thereof is necessary and proper to carry out the object intended	110894
for such association or corporation;	110895

(B) Real estate and tangible personal property held or	110896
occupied by a veterans' organization that qualifies for exemption	110897
from taxation under section 501(c)(19) or 501(c)(23) of the	110898
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	110899
amended, and is incorporated under the laws of this state or the	110900
United States, except real estate held by such organization for	110901
the production of rental or other income in excess of the	110902
designated amount, before accounting for any cost or expense	110903
incurred in the production of such income. For the purposes of	110904
this division, the designated amount equals seven thousand five	110905
hundred dollars in tax year 2002, and shall be increased by two	110906
hundred fifty dollars each year thereafter until tax year 2012,	110907
when it shall equal ten thousand dollars. For tax years 2013 and	110908
thereafter, the designated amount shall equal ten thousand	110909
dollars.	110910

(C) Tangible personal property held by a corporation	110911
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	110912
section 501(c)(3) of the Internal Revenue Code, and exempt from	110913
taxation under section 501(a) of the Internal Revenue Code shall	110914
be exempt from taxation if it is property obtained as described in	110915
112 Stat. 1335-1341, 36 U.S.C.A. Chapter 407.	110916

(D) Real estate held or occupied by a fraternal organization	110917
and used primarily for meetings of and the administration of the	110918
fraternal organization. As used in this division, "fraternal	110919
organization" means a domestic fraternal society, order, or	110920
association operating under the lodge, council, or grange system	110921
that qualifies for exemption from taxation under section	110922
501(c)(5), 501(c)(8), or 501(c)(10) of the "Internal Revenue Code	110923
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended; that provides	110924
financial support for charitable purposes, as defined in division	110925
(B)(12) of section 5739.02 of the Revised Code; and that has been	110926
operating in this state with a state governing body for at least	110927
one hundred years.	110928

Sec. 5709.212. (A) With every application for an exempt	110929
facility certificate filed pursuant to section 5709.21 of the	110930
Revised Code, the applicant shall pay a fee equal to one-half of	110931
one per cent of the total exempt facility project cost, not to	110932
exceed two thousand dollars. One-half of the fee received with	110933
applications for exempt facility certificates shall be credited to	110934
the exempt facility administrative fund, which is hereby created	110935
in the state treasury, for appropriation to the department of	110936
taxation for use in administering sections 5709.20 to 5709.27 of	110937
the Revised Code. If the director of environmental protection is	110938
required to provide the opinion for an application, one-half of	110939
the fee shall be credited to the non-Title V clean air fund	110940
created in section 3704.035 of the Revised Code for use in	110941
administering section 5709.211 of the Revised Code, unless the	110942
application is for an industrial water pollution control facility.	110943
If the application is for an industrial water pollution control	110944
facility, one-half of the fee shall be credited to the surface	110945
water protection fund created in section 6111.038 of the Revised	110946
Code for use in administering section 5709.211 of the Revised	110947
Code. ~~If the director of development is required to provide the~~	110948
~~opinion for an application, one-half of the fee for each exempt~~	110949
~~facility application shall be credited to the exempt facility~~	110950
~~inspection fund, which is hereby created in the state treasury,~~	110951
~~for appropriation to the department of development for use in~~	110952
~~administering section 5709.211 of the Revised Code.~~	110953

An applicant is not entitled to any tax exemption under	110954
section 5709.25 of the Revised Code until the fee required by this	110955
section is paid. The fee required by this section is not	110956
refundable, and is due with the application for an exempt facility	110957
certificate even if an exempt facility certificate ultimately is	110958
not issued or is withdrawn. Any application submitted without	110959
payment of the fee shall be deemed incomplete until the fee is	110960
paid.	110961

(B) The application fee imposed under division (A) of this	110962
section for a jointly owned facility shall be equal to one-half of	110963
one per cent of the total exempt facility project cost, not to	110964
exceed two thousand dollars for each facility that is the subject	110965
of the application.	110966

Sec. 5709.75. (A) Any township that receives service payments	110967
in lieu of taxes under section 5709.74 of the Revised Code shall	110968
establish a township public improvement tax increment equivalent	110969
fund into which those payments shall be deposited. If the board of	110970
township trustees has adopted a resolution under division (C) of	110971
section 5709.73 of the Revised Code, the township shall establish	110972
at least one account in that fund with respect to resolutions	110973
adopted under division (B) of that section, and one account with	110974
respect to each incentive district created by a resolution adopted	110975
under division (C) of that section. If a resolution adopted under	110976
division (C) of section 5709.73 of the Revised Code also	110977
authorizes the use of service payments for housing renovations	110978
within the incentive district, the township shall establish	110979
separate accounts for the service payments designated for public	110980
infrastructure improvements and for the service payments	110981
authorized for the purpose of housing renovations.	110982

(B) Except as otherwise provided in division (C) or (D) of	110983
this section, money deposited in an account of the township public	110984
improvement tax increment equivalent fund shall be used by the	110985
township to pay the costs of public infrastructure improvements	110986
designated in or the housing renovations authorized by the	110987
resolution with respect to which the account is established,	110988
including any interest on and principal of the notes; in the case	110989
of an account established with respect to a resolution adopted	110990
under division (C) of that section, money in the account shall be	110991
used to finance the public infrastructure improvements designated,	110992
or the housing renovations authorized, for each incentive district	110993
created in the resolution. Money in an account shall not be used	110994
to finance or support housing renovations that take place after	110995
the incentive district has expired.	110996

(C)(1)(a) A township may distribute money in such an account	110997
to any school district in which the exempt property is located in	110998
an amount not to exceed the amount of real property taxes that	110999
such school district would have received from the improvement if	111000
it were not exempt from taxation. The resolution establishing the	111001
fund shall set forth the percentage of such maximum amount that	111002
will be distributed to any affected school district.	111003

(b) A township also may distribute money in such an account	111004
as follows:	111005

(i) To a board of county commissioners, in the amount that is	111006
owed to the board pursuant to division (E) of section 5709.73 of	111007
the Revised Code;	111008

(ii) To a county in accordance with section 5709.913 of the	111009
Revised Code.	111010

(2) Money from an account in a township public improvement	111011
tax increment equivalent fund may be distributed under division	111012
(C)(1)(b) of this section, regardless of the date a resolution was	111013
adopted under section 5709.73 of the Revised Code that prompted	111014
the establishment of the account, even if the resolution was	111015
adopted prior to March 30, 2006.	111016

(D) A board of township trustees that adopted a resolution	111017
under ~~division (B) of~~ section 5709.73 of the Revised Code ~~before~~	111018
~~January 1, 1995,~~ and that, with respect to property exempted under	111019
such a resolution, is party to a hold-harmless or service	111020
agreement, may appropriate and expend unencumbered money in the	111021
fund to pay current public safety expenses of the township. A	111022
township appropriating and expending money under this division	111023
shall reimburse the fund for the sum so appropriated and expended	111024
not later than the day the exemption granted under the resolution	111025
expires. For the purposes of this division, a "hold-harmless	111026
agreement" is an agreement with the board of education of a city,	111027
local, or exempted village school district under which the board	111028
of township trustees agrees to compensate the school district for	111029
one hundred per cent of the tax revenue the school district would	111030
have received from improvements to parcels designated in the	111031
resolution were it not for the exemption granted by the	111032
resolution.	111033

(E) Any ~~incidental surplus~~unencumbered money remaining in	111034
the township public improvement tax increment equivalent fund or	111035
an account of that fund upon dissolution of the account or fund	111036
shall be transferred to the general fund of the township.	111037

Sec. 5725.18. (A) An annual franchise tax on the privilege	111038
of being an insurance company is hereby levied on each domestic	111039
insurance company. In the month of May, annually, the treasurer of	111040
state shall charge for collection from each domestic insurance	111041
company a franchise tax in the amount computed in accordance with	111042
the following, as applicable:	111043

(1) With respect to a domestic insurance company that is a	111044
health insuring corporation, one per cent of all premium rate	111045
payments received, exclusive of payments received under the	111046
medicare program ~~established under Title XVIII of the "Social~~	111047
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	111048
and exclusive of payments received pursuant to the ~~medical~~	111049
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	111050
~~Revised Code~~ for the period ending September 30, 2009, as	111051
reflected in its annual report for the preceding calendar year;	111052

(2) With respect to a domestic insurance company that is not	111053
a health insuring corporation, one and four-tenths per cent of the	111054
gross amount of premiums received from policies covering risks	111055
within this state, exclusive of premiums received under the	111056
medicare program ~~established under Title XVIII of the "Social~~	111057
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	111058
and exclusive of payments received pursuant to the ~~medical~~	111059
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	111060
~~Revised Code~~ for the period ending September 30, 2009, as	111061
reflected in its annual statement for the preceding calendar year,	111062
and, if the company operates a health insuring corporation as a	111063
line of business, one per cent of all premium rate payments	111064
received from that line of business, exclusive of payments	111065
received under the medicare program ~~established under Title XVIII~~	111066
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	111067
~~301, as amended,~~ and exclusive of payments received pursuant to	111068
the ~~medical assistance~~medicaid program ~~established under Chapter~~	111069
~~5111. of the Revised Code~~ for the period ending September 30,	111070
2009, as reflected in its annual statement for the preceding	111071
calendar year.	111072

Domestic insurance companies, including health insuring	111073
corporations, receiving payments pursuant to the ~~medical~~	111074
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	111075
~~Revised Code~~ during the period beginning October 1, 2009, and	111076
ending December 31, 2009, shall file with the 2009 annual	111077
statement to the superintendent a schedule that reflects those	111078
payments received pursuant to the ~~medical assistance~~medicaid	111079
program for that period. The payments reflected in the schedule,	111080
plus all other taxable premiums, are subject to the annual	111081
franchise tax due to be paid in 2010.	111082

(B) The gross amount of premium rate payments or premiums	111083
used to compute the applicable tax in accordance with division (A)	111084
of this section is subject to the deductions prescribed by section	111085
5729.03 of the Revised Code for foreign insurance companies. The	111086
objects of such tax are those declared in section 5725.24 of the	111087
Revised Code, to which only such tax shall be applied.	111088

(C) In no case shall such tax be less than two hundred fifty	111089
dollars.	111090

Sec. 5725.34. (A) As used in this section, "certificate	111091
owner" has the same meaning as in section 149.311 of the Revised	111092
Code.	111093

(B) There is allowed a credit against the tax imposed by	111094
section 5725.18 of the Revised Code for an insurance company	111095
subject to that tax that is a certificate owner of a	111096
rehabilitation tax credit certificate issued under section 149.311	111097
of the Revised Code. The credit shall equal twenty-five per cent	111098
of the dollar amount indicated on the certificate, but the amount	111099
of the credit allowed for any company for any year shall not	111100
exceed ~~five~~ten million dollars. The credit shall be claimed in	111101
the calendar year specified in the certificate and in the order	111102
required under section 5725.98 of the Revised Code. If the credit	111103
exceeds the amount of tax otherwise due in that year, the excess	111104
shall be refunded to the company but, if any amount of the credit	111105
is refunded, the sum of the amount refunded and the amount applied	111106
to reduce the tax otherwise due in that year shall not exceed	111107
three million dollars. The company may carry forward any balance	111108
of the credit in excess of the amount claimed in that year for not	111109
more than five ensuing years, and shall deduct any amount claimed	111110
in any such year from the amount claimed in an ensuing year.	111111

(C) An insurance company claiming a credit under this section	111112
shall retain the rehabilitation tax credit certificate for four	111113
years following the end of the year in which the credit was	111114
claimed, and shall make the certificate available for inspection	111115
by the tax commissioner upon the request of the tax commissioner	111116
during that period.	111117

Sec. 5726.20. (A) The tax commissioner may make an	111118
assessment, based on any information in the commissioner's	111119
possession, against any person that fails to file a return or	111120
report or pay any tax as required by this chapter. The reporting	111121
person for a taxpayer shall file the annual report required under	111122
section 5726.02 of the Revised Code and remit the tax imposed by	111123
this chapter. Each person included in the annual report of the	111124
taxpayer is jointly and severally liable for the tax imposed by	111125
this chapter and any penalties and interest thereon. If the	111126
reporting person fails, for any reason, to file and remit any tax,	111127
the amount due may be collected by assessment against the	111128
reporting person and against any or all other persons required to	111129
be included in the annual report of the taxpayer ~~in the manner~~	111130
~~provided by this section~~as provided in section 5703.90 of the	111131
Revised Code. The commissioner shall make the assessment in the	111132
manner provided in this section. The commissioner shall give the	111133
person assessed written notice of the assessment as provided in	111134
section 5703.37 of the Revised Code. With the notice, the	111135
commissioner shall provide instructions on the manner in which to	111136
petition for reassessment and request a hearing with respect to	111137
the petition.	111138

(B) No assessment shall be made or issued against a person	111139
under this section more than four years after the later of the	111140
final date the report subject to assessment was required to be	111141
filed or the date such report was filed. Such time limit may be	111142
extended if both the person and the commissioner consent in	111143
writing to the extension or if an agreement waiving or extending	111144
the time limit has been entered into pursuant to section 122.171	111145
of the Revised Code. Any such extension shall extend the four-year	111146
time limit prescribed in division (A) of section 5726.30 of the	111147
Revised Code for the same period of time. There shall be no bar or	111148
limit to an assessment against a person that fails to file a	111149
report subject to assessment as required by this chapter, or that	111150
files a fraudulent report.	111151

(C) Unless the person assessed, within sixty days after	111152
service of the notice of assessment, files with the tax	111153
commissioner, either in person or by certified mail, a written	111154
petition for reassessment signed by the person or the person's	111155
authorized agent having knowledge of the facts, the assessment	111156
shall become final, and the amount of the assessment is due and	111157
payable from the person assessed to the treasurer of state. A	111158
petition shall indicate the objections of the person assessed, but	111159
additional objections may be raised in writing if received by the	111160
commissioner prior to the date shown on the final determination.	111161
If a petition for reassessment has been properly filed, the	111162
commissioner shall proceed under section 5703.60 of the Revised	111163
Code.	111164

(D)(1) After an assessment becomes final, if any portion of	111165
the assessment, including any accrued interest, remains unpaid, a	111166
certified copy of the tax commissioner's entry making the	111167
assessment final may be filed in the office of the clerk of the	111168
court of common pleas in the county in which the person resides or	111169
has its principal place of business in this state, or in the	111170
office of the clerk of court of common pleas of Franklin county.	111171

(2) Immediately upon the filing of the entry, the clerk shall	111172
enter judgment for the state against the person assessed in the	111173
amount shown on the entry. The judgment may be filed by the clerk	111174
in a loose-leaf book entitled, "special judgments for the	111175
financial institution tax" and shall have the same effect as other	111176
judgments. Execution shall issue upon the judgment at the request	111177
of the tax commissioner, and all laws applicable to sales on	111178
execution shall apply to sales made under the judgment.	111179

(3) ~~The portion of~~If the assessment is not paid in its	111180
entirety within sixty days after the day the assessment was	111181
issued, the portion of the assessment consisting of tax due shall	111182
bear interest at the rate per annum prescribed by section 5703.47	111183
of the Revised Code from the date the tax commissioner issues the	111184
assessment until the date the assessment is paid or until it is	111185
certified to the attorney general for collection under section	111186
131.02 of the Revised Code, whichever comes first. If the unpaid	111187
portion of the assessment is certified to the attorney general for	111188
collection, the entire unpaid portion of the assessment shall bear	111189
interest at the rate per annum prescribed by section 5703.47 of	111190
the Revised Code from the date of certification until the date it	111191
is paid in its entirety. Interest shall be paid in the same manner	111192
as the tax and may be collected by the issuance of an assessment	111193
under this section.	111194

(E) If the tax commissioner believes that collection of the	111195
tax imposed by this chapter will be jeopardized unless proceedings	111196
to collect or secure collection of the tax are instituted without	111197
delay, the commissioner may issue a jeopardy assessment against	111198
the person liable for the tax. Immediately upon the issuance of	111199
the jeopardy assessment, the commissioner shall file an entry with	111200
the clerk of the court of common pleas in the manner prescribed by	111201
division (D) of this section. Notice of the jeopardy assessment	111202
shall be served on the person assessed or the person's authorized	111203
agent in the manner provided in section 5703.37 of the Revised	111204
Code within five days of the filing of the entry with the clerk.	111205
The total amount assessed shall be immediately due and payable,	111206
unless the person assessed files a petition for reassessment in	111207
accordance with division (C) of this section and provides security	111208
in a form satisfactory to the commissioner and in an amount	111209
sufficient to satisfy the unpaid balance of the assessment. Full	111210
or partial payment of the assessment shall not prejudice the	111211
commissioner's consideration of the petition for reassessment.	111212

(F) The tax commissioner shall immediately forward to the	111213
treasurer of state all amounts the commissioner receives under	111214
this section. Such amounts shall be considered as revenue arising	111215
from the tax imposed by this chapter.	111216

(G) If the tax commissioner possesses information indicating	111217
that the amount of tax a taxpayer is required to pay under this	111218
chapter exceeds the amount the reporting person for the taxpayer	111219
paid, the tax commissioner may audit a sample of the taxpayer's	111220
gross receipts over a representative period of time to ascertain	111221
the amount of tax due, and may issue an assessment based on the	111222
audit. The tax commissioner shall make a good faith effort to	111223
reach agreement with the taxpayer in selecting a representative	111224
sample. The tax commissioner may apply a sampling method only if	111225
the commissioner has prescribed the method by rule.	111226

(H) If the whereabouts of a person subject to this chapter is	111227
not known to the tax commissioner, the secretary of state is	111228
hereby deemed to be that person's agent for purposes of service of	111229
process or notice of any assessment, action, or proceedings	111230
instituted in this state against the person under this chapter.	111231
Such process or notice shall be served on such person by the	111232
commissioner or by an agent of the commissioner by leaving a true	111233
and attested copy of the process or notice at the office of the	111234
secretary of state at least fifteen days before the return day of	111235
such process or notice, and by sending a copy of the process or	111236
notice to such person by ordinary mail, with an endorsement	111237
thereon of the service upon the secretary of state, addressed to	111238
such person at the person's last known address.	111239

Sec. 5726.52. (A) As used in this section, "certificate	111240
owner" has the same meaning as in section 149.311 of the Revised	111241
Code.	111242

(B) A taxpayer may claim a refundable credit against the tax	111243
imposed by this chapter for each person included in the annual	111244
report of a taxpayer that is a certificate owner of a	111245
rehabilitation tax credit certificate issued under section 149.311	111246
of the Revised Code. The credit shall equal twenty-five per cent	111247
of the dollar amount indicated on each certificate, but shall not	111248
exceed ~~five~~ten million dollars for each certificate.	111249

The credit shall be claimed for the calendar year specified	111250
in the certificate and in the order required under section 5726.98	111251
of the Revised Code. If the credit exceeds the amount of tax	111252
otherwise due in that year, the excess shall be refunded to the	111253
taxpayer, provided that, if any amount of the credit is refunded,	111254
the sum of the amount refunded and the amount applied to reduce	111255
the tax otherwise due in that year shall not exceed three million	111256
dollars. The taxpayer may carry forward any balance of the credit	111257
in excess of the amount claimed in that year for not more than	111258
five ensuing years, and shall deduct any amount claimed in any	111259
such year from the amount claimed in an ensuing year. A taxpayer	111260
may claim against the tax imposed by this chapter any unused	111261
portion of the credit authorized under section 5725.151 of the	111262
Revised Code, but only to the extent of the five-year carry	111263
forward period authorized by that section.	111264

(C) A taxpayer claiming a credit under this section shall	111265
retain the rehabilitation tax credit certificate for four years	111266
following the end of the year to which the credit was applied, and	111267
shall make the certificate available for inspection by the tax	111268
commissioner upon the request of the commissioner during that	111269
period.	111270

Sec. 5727.26. (A) The tax commissioner may make an	111271
assessment, based on any information in the commissioner's	111272
possession, against any natural gas company or combined company	111273
that fails to file a return or pay any tax, interest, or	111274
additional charge as required by sections 5727.24 to 5727.29 of	111275
the Revised Code. The commissioner shall give the company assessed	111276
written notice of the assessment as provided in section 5703.37 of	111277
the Revised Code. With the notice, the commissioner shall provide	111278
instructions on how to petition for reassessment and request a	111279
hearing on the petition. A penalty of up to fifteen per cent may	111280
be added to all amounts assessed under this section. The tax	111281
commissioner may adopt rules providing for the imposition and	111282
remission of the penalty.	111283

(B) Unless the company assessed, within sixty days after	111284
service of the notice of assessment, files with the tax	111285
commissioner, either personally or by certified mail, a written	111286
petition signed by the company's authorized agent having knowledge	111287
of the facts, the assessment becomes final, and the amount of the	111288
assessment is due and payable from the company assessed to the	111289
treasurer of state. The petition shall indicate the objections of	111290
the company assessed, but additional objections may be raised in	111291
writing if received by the commissioner prior to the date shown on	111292
the final determination.	111293

If a petition for reassessment has been properly filed, the	111294
commissioner shall proceed under section 5703.60 of the Revised	111295
Code.	111296

(C) After an assessment becomes final, if any portion of the	111297
assessment, including accrued interest, remains unpaid, a	111298
certified copy of the tax commissioner's entry making the	111299
assessment final may be filed in the office of the clerk of the	111300
court of common pleas in the county in which the natural gas	111301
company's or combined company's principal place of business is	111302
located, or in the office of the clerk of court of common pleas of	111303
Franklin county.	111304

Immediately on the filing of the entry, the clerk shall enter	111305
judgment for the state against the company assessed in the amount	111306
shown on the entry. The judgment may be filed by the clerk in a	111307
loose-leaf book entitled, "special judgments for the public	111308
utility excise tax on natural gas and combined companies," and	111309
shall have the same effect as other judgments. Execution shall	111310
issue upon the judgment at the request of the tax commissioner,	111311
and all laws applicable to sales on execution shall apply to sales	111312
made under the judgment.	111313

~~The portion of~~If the assessment is not paid in its entirety	111314
within sixty days after the day the assessment was issued, the	111315
portion of the assessment consisting of tax due shall bear	111316
interest at the rate per annum prescribed by section 5703.47 of	111317
the Revised Code from the day the tax commissioner issues the	111318
assessment until it is paid or until it is certified to the	111319
attorney general for collection under section 131.02 of the	111320
Revised Code, whichever comes first. If the unpaid portion of the	111321
assessment is certified to the attorney general for collection,	111322
the entire unpaid portion of the assessment shall bear interest at	111323
the rate per annum prescribed by section 5703.47 of the Revised	111324
Code from the date of certification until the date it is paid in	111325
its entirety. Interest shall be paid in the same manner as the tax	111326
and may be collected by the issuance of an assessment under this	111327
section.	111328

(D) If the tax commissioner believes that collection of the	111329
tax will be jeopardized unless proceedings to collect or secure	111330
collection of the tax are instituted without delay, the	111331
commissioner may issue a jeopardy assessment against the company	111332
liable for the tax. Immediately upon the issuance of the jeopardy	111333
assessment, the commissioner shall file an entry with the clerk of	111334
the court of common pleas in the manner prescribed by division (C)	111335
of this section. Notice of the jeopardy assessment shall be served	111336
on the company assessed or the company's authorized agent in the	111337
manner provided in section 5703.37 of the Revised Code within five	111338
days of the filing of the entry with the clerk. The total amount	111339
assessed is immediately due and payable, unless the company	111340
assessed files a petition for reassessment in accordance with	111341
division (B) of this section and provides security in a form	111342
satisfactory to the commissioner and in an amount sufficient to	111343
satisfy the unpaid balance of the assessment. Full or partial	111344
payment of the assessment does not prejudice the commissioner's	111345
consideration of the petition for reassessment.	111346

(E) The tax commissioner shall immediately forward to the	111347
treasurer of state all amounts that the tax commissioner receives	111348
under this section, and such amounts shall be considered revenue	111349
arising from the tax imposed by section 5727.24 of the Revised	111350
Code.	111351

(F) No assessment shall be made or issued against a natural	111352
gas company or combined company for the tax imposed by section	111353
5727.24 of the Revised Code more than four years after the return	111354
date for the period in which the tax was reported, or more than	111355
four years after the return for the period was filed, whichever is	111356
later.	111357

Sec. 5727.75. (A) For purposes of this section:

111358

(1) "Qualified energy project" means an energy project	111359
certified by the director of development services pursuant to this	111360
section.	111361

(2) "Energy project" means a project to provide electric	111362
power through the construction, installation, and use of an energy	111363
facility.	111364

(3) "Alternative energy zone" means a county declared as such	111365
by the board of county commissioners under division (E)(1)(b) or	111366
(c) of this section.	111367

(4) "Full-time equivalent employee" means the total number of	111368
employee-hours for which compensation was paid to individuals	111369
employed at a qualified energy project for services performed at	111370
the project during the calendar year divided by two thousand	111371
eighty hours.	111372

(5) "Solar energy project" means an energy project composed	111373
of an energy facility using solar panels to generate electricity.	111374

(B)(1) Tangible personal property of a qualified energy	111375
project using renewable energy resources is exempt from taxation	111376
for tax years 2011~~, 2012, 2013, and 2014~~through 2019 if all of	111377
the following conditions are satisfied:	111378

(a) On or before December 31, ~~2013~~2018, the owner or a	111379
lessee pursuant to a sale and leaseback transaction of the project	111380
submits an application to the power siting board for a certificate	111381
under section 4906.20 of the Revised Code, or if that section does	111382
not apply, submits an application for any approval, consent,	111383
permit, or certificate or satisfies any condition required by a	111384
public agency or political subdivision of this state for the	111385
construction or initial operation of an energy project.	111386

(b) Construction or installation of the energy facility	111387
begins on or after January 1, 2009, and before January 1, ~~2014~~	111388
2019. For the purposes of this division, construction begins on	111389
the earlier of the date of application for a certificate or other	111390
approval or permit described in division (B)(1)(a) of this	111391
section, or the date the contract for the construction or	111392
installation of the energy facility is entered into.	111393

(c) For a qualified energy project with a nameplate capacity	111394
of five megawatts or greater, a board of county commissioners of a	111395
county in which property of the project is located has adopted a	111396
resolution under division (E)(1)(b) or (c) of this section to	111397
approve the application submitted under division (E) of this	111398
section to exempt the property located in that county from	111399
taxation. A board's adoption of a resolution rejecting an	111400
application or its failure to adopt a resolution approving the	111401
application does not affect the tax-exempt status of the qualified	111402
energy project's property that is located in another county.	111403

(2) If tangible personal property of a qualified energy	111404
project using renewable energy resources was exempt from taxation	111405
under this section beginning in any of tax years 2011, 2012, 2013,	111406
or 2014, 2015, 2016, 2017, 2018, or 2019, and the certification	111407
under division (E)(2) of this section has not been revoked, the	111408
tangible personal property of the qualified energy project is	111409
exempt from taxation for tax year ~~2015~~2020 and all ensuing tax	111410
years if the property was placed into service before January 1,	111411
~~2015~~2020, as certified in the construction progress report	111412
required under division (F)(2) of this section. Tangible personal	111413
property that has not been placed into service before that date is	111414
taxable property subject to taxation. An energy project for which	111415
certification has been revoked is ineligible for further exemption	111416
under this section. Revocation does not affect the tax-exempt	111417
status of the project's tangible personal property for the tax	111418
year in which revocation occurs or any prior tax year.	111419

(C) Tangible personal property of a qualified energy project	111420
using clean coal technology, advanced nuclear technology, or	111421
cogeneration technology is exempt from taxation for the first tax	111422
year that the property would be listed for taxation and all	111423
subsequent years if all of the following circumstances are met:	111424

(1) The property was placed into service before January 1,	111425
~~2019~~2024. Tangible personal property that has not been placed	111426
into service before that date is taxable property subject to	111427
taxation.	111428

(2) For such a qualified energy project with a nameplate	111429
capacity of five megawatts or greater, a board of county	111430
commissioners of a county in which property of the qualified	111431
energy project is located has adopted a resolution under division	111432
(E)(1)(b) or (c) of this section to approve the application	111433
submitted under division (E) of this section to exempt the	111434
property located in that county from taxation. A board's adoption	111435
of a resolution rejecting the application or its failure to adopt	111436
a resolution approving the application does not affect the	111437
tax-exempt status of the qualified energy project's property that	111438
is located in another county.	111439

(3) The certification for the qualified energy project issued	111440
under division (E)(2) of this section has not been revoked. An	111441
energy project for which certification has been revoked is	111442
ineligible for exemption under this section. Revocation does not	111443
affect the tax-exempt status of the project's tangible personal	111444
property for the tax year in which revocation occurs or any prior	111445
tax year.	111446

(D) Except as otherwise provided in this section, real	111447
property of a qualified energy project is exempt from taxation for	111448
any tax year for which the tangible personal property of the	111449
qualified energy project is exempted under this section.	111450

(E)(1)(a) A person may apply to the director of development	111451
services for certification of an energy project as a qualified	111452
energy project on or before the following dates:	111453

(i) December 31, ~~2013~~2018, for an energy project using	111454
renewable energy resources;	111455

(ii) December 31, ~~2015~~2020, for an energy project using	111456
clean coal technology, advanced nuclear technology, or	111457
cogeneration technology.	111458

(b) The director shall forward a copy of each application for	111459
certification of an energy project with a nameplate capacity of	111460
five megawatts or greater to the board of county commissioners of	111461
each county in which the project is located and to each taxing	111462
unit with territory located in each of the affected counties. Any	111463
board that receives from the director a copy of an application	111464
submitted under this division shall adopt a resolution approving	111465
or rejecting the application unless it has adopted a resolution	111466
under division (E)(1)(c) of this section. A resolution adopted	111467
under division (E)(1)(b) or (c) of this section may require an	111468
annual service payment to be made in addition to the service	111469
payment required under division (G) of this section. The sum of	111470
the service payment required in the resolution and the service	111471
payment required under division (G) of this section shall not	111472
exceed nine thousand dollars per megawatt of nameplate capacity	111473
located in the county. The resolution shall specify the time and	111474
manner in which the payments required by the resolution shall be	111475
paid to the county treasurer. The county treasurer shall deposit	111476
the payment to the credit of the county's general fund to be used	111477
for any purpose for which money credited to that fund may be used.	111478

The board shall send copies of the resolution by certified	111479
mail to the owner of the facility and the director within thirty	111480
days after receipt of the application, or a longer period of time	111481
if authorized by the director.	111482

(c) A board of county commissioners may adopt a resolution	111483
declaring the county to be an alternative energy zone and	111484
declaring all applications submitted to the director of	111485
development services under this division after the adoption of the	111486
resolution, and prior to its repeal, to be approved by the board.	111487

All tangible personal property and real property of an energy	111488
project with a nameplate capacity of five megawatts or greater is	111489
taxable if it is located in a county in which the board of county	111490
commissioners adopted a resolution rejecting the application	111491
submitted under this division or failed to adopt a resolution	111492
approving the application under division (E)(1)(b) or (c) of this	111493
section.	111494

(2) The director shall certify an energy project if all of	111495
the following circumstances exist:	111496

(a) The application was timely submitted.

111497

(b) For an energy project with a nameplate capacity of five	111498
megawatts or greater, a board of county commissioners of at least	111499
one county in which the project is located has adopted a	111500
resolution approving the application under division (E)(1)(b) or	111501
(c) of this section.	111502

(c) No portion of the project's facility was used to supply	111503
electricity before December 31, 2009.	111504

(3) The director shall deny a certification application if	111505
the director determines the person has failed to comply with any	111506
requirement under this section. The director may revoke a	111507
certification if the director determines the person, or subsequent	111508
owner or lessee pursuant to a sale and leaseback transaction of	111509
the qualified energy project, has failed to comply with any	111510
requirement under this section. Upon certification or revocation,	111511
the director shall notify the person, owner, or lessee, the tax	111512
commissioner, and the county auditor of a county in which the	111513
project is located of the certification or revocation. Notice	111514
shall be provided in a manner convenient to the director.	111515

(F) The owner or a lessee pursuant to a sale and leaseback	111516
transaction of a qualified energy project shall do each of the	111517
following:	111518

(1) Comply with all applicable regulations;

111519

(2) File with the director of development services a	111520
certified construction progress report before the first day of	111521
March of each year during the energy facility's construction or	111522
installation indicating the percentage of the project completed,	111523
and the project's nameplate capacity, as of the preceding	111524
thirty-first day of December. Unless otherwise instructed by the	111525
director of development services, the owner or lessee of an energy	111526
project shall file a report with the director on or before the	111527
first day of March each year after completion of the energy	111528
facility's construction or installation indicating the project's	111529
nameplate capacity as of the preceding thirty-first day of	111530
December. Not later than sixty days after June 17, 2010, the owner	111531
or lessee of an energy project, the construction of which was	111532
completed before June 17, 2010, shall file a certificate	111533
indicating the project's nameplate capacity.	111534

(3) File with the director of development services, in a	111535
manner prescribed by the director, a report of the total number of	111536
full-time equivalent employees, and the total number of full-time	111537
equivalent employees domiciled in Ohio, who are employed in the	111538
construction or installation of the energy facility;	111539

(4) For energy projects with a nameplate capacity of five	111540
megawatts or greater, repair all roads, bridges, and culverts	111541
affected by construction as reasonably required to restore them to	111542
their preconstruction condition, as determined by the county	111543
engineer in consultation with the local jurisdiction responsible	111544
for the roads, bridges, and culverts. In the event that the county	111545
engineer deems any road, bridge, or culvert to be inadequate to	111546
support the construction or decommissioning of the energy	111547
facility, the road, bridge, or culvert shall be rebuilt or	111548
reinforced to the specifications established by the county	111549
engineer prior to the construction or decommissioning of the	111550
facility. The owner or lessee of the facility shall post a bond in	111551
an amount established by the county engineer and to be held by the	111552
board of county commissioners to ensure funding for repairs of	111553
roads, bridges, and culverts affected during the construction. The	111554
bond shall be released by the board not later than one year after	111555
the date the repairs are completed. The energy facility owner or	111556
lessee pursuant to a sale and leaseback transaction shall post a	111557
bond, as may be required by the Ohio power siting board in the	111558
certificate authorizing commencement of construction issued	111559
pursuant to section 4906.10 of the Revised Code, to ensure funding	111560
for repairs to roads, bridges, and culverts resulting from	111561
decommissioning of the facility. The energy facility owner or	111562
lessee and the county engineer may enter into an agreement	111563
regarding specific transportation plans, reinforcements,	111564
modifications, use and repair of roads, financial security to be	111565
provided, and any other relevant issue.	111566

(5) Provide or facilitate training for fire and emergency	111567
responders for response to emergency situations related to the	111568
energy project and, for energy projects with a nameplate capacity	111569
of five megawatts or greater, at the person's expense, equip the	111570
fire and emergency responders with proper equipment as reasonably	111571
required to enable them to respond to such emergency situations;	111572

(6) Maintain a ratio of Ohio-domiciled full-time equivalent	111573
employees employed in the construction or installation of the	111574
energy project to total full-time equivalent employees employed in	111575
the construction or installation of the energy project of not less	111576
than eighty per cent in the case of a solar energy project, and	111577
not less than fifty per cent in the case of any other energy	111578
project. In the case of an energy project for which certification	111579
from the power siting board is required under section 4906.20 of	111580
the Revised Code, the number of full-time equivalent employees	111581
employed in the construction or installation of the energy project	111582
equals the number actually employed or the number projected to be	111583
employed in the certificate application, if such projection is	111584
required under regulations adopted pursuant to section 4906.03 of	111585
the Revised Code, whichever is greater. For all other energy	111586
projects, the number of full-time equivalent employees employed in	111587
the construction or installation of the energy project equals the	111588
number actually employed or the number projected to be employed by	111589
the director of development services, whichever is greater. To	111590
estimate the number of employees to be employed in the	111591
construction or installation of an energy project, the director	111592
shall use a generally accepted job-estimating model in use for	111593
renewable energy projects, including but not limited to the job	111594
and economic development impact model. The director may adjust an	111595
estimate produced by a model to account for variables not	111596
accounted for by the model.	111597

(7) For energy projects with a nameplate capacity in excess	111598
of two megawatts, establish a relationship with a member of the	111599
university system of Ohio as defined in section 3345.011 of the	111600
Revised Code or with a person offering an apprenticeship program	111601
registered with the employment and training administration within	111602
the United States department of labor or with the apprenticeship	111603
council created by section 4139.02 of the Revised Code, to educate	111604
and train individuals for careers in the wind or solar energy	111605
industry. The relationship may include endowments, cooperative	111606
programs, internships, apprenticeships, research and development	111607
projects, and curriculum development.	111608

(8) Offer to sell power or renewable energy credits from the	111609
energy project to electric distribution utilities or electric	111610
service companies subject to renewable energy resource	111611
requirements under section 4928.64 of the Revised Code that have	111612
issued requests for proposal for such power or renewable energy	111613
credits. If no electric distribution utility or electric service	111614
company issues a request for proposal on or before December 31,	111615
2010, or accepts an offer for power or renewable energy credits	111616
within forty-five days after the offer is submitted, power or	111617
renewable energy credits from the energy project may be sold to	111618
other persons. Division (F)(8) of this section does not apply if:	111619

(a) The owner or lessee is a rural electric company or a	111620
municipal power agency as defined in section 3734.058 of the	111621
Revised Code.	111622

(b) The owner or lessee is a person that, before completion	111623
of the energy project, contracted for the sale of power or	111624
renewable energy credits with a rural electric company or a	111625
municipal power agency.	111626

(c) The owner or lessee contracts for the sale of power or	111627
renewable energy credits from the energy project before June 17,	111628
2010.	111629

(9) Make annual service payments as required by division (G)	111630
of this section and as may be required in a resolution adopted by	111631
a board of county commissioners under division (E) of this	111632
section.	111633

(G) The owner or a lessee pursuant to a sale and leaseback	111634
transaction of a qualified energy project shall make annual	111635
service payments in lieu of taxes to the county treasurer on or	111636
before the final dates for payments of taxes on public utility	111637
personal property on the real and public utility personal property	111638
tax list for each tax year for which property of the energy	111639
project is exempt from taxation under this section. The county	111640
treasurer shall allocate the payment on the basis of the project's	111641
physical location. Upon receipt of a payment, or if timely payment	111642
has not been received, the county treasurer shall certify such	111643
receipt or non-receipt to the director of development services and	111644
tax commissioner in a form determined by the director and	111645
commissioner, respectively. Each payment shall be in the following	111646
amount:	111647

(1) In the case of a solar energy project, seven thousand	111648
dollars per megawatt of nameplate capacity located in the county	111649
as of December 31, 2010, for tax year 2011, as of December 31,	111650
2011, for tax year 2012, as of December 31, 2012, for tax year	111651
2013, as of December 31, 2013, for tax year 2014, ~~and~~ as of	111652
December 31, 2014, for tax year 2015, as of December 31, 2015, for	111653
tax year 2016, as of December 31, 2016, for tax year 2017, as of	111654
December 31, 2017, for tax year 2018, as of December 31, 2018, for	111655
tax year 2019, and as of December 31, 2019, for tax year 2020 and	111656
each tax year thereafter;	111657

(2) In the case of any other energy project using renewable	111658
energy resources, the following:	111659

(a) If the project maintains during the construction or	111660
installation of the energy facility a ratio of Ohio-domiciled	111661
full-time equivalent employees to total full-time equivalent	111662
employees of not less than seventy-five per cent, six thousand	111663
dollars per megawatt of nameplate capacity located in the county	111664
as of the thirty-first day of December of the preceding tax year;	111665

(b) If the project maintains during the construction or	111666
installation of the energy facility a ratio of Ohio-domiciled	111667
full-time equivalent employees to total full-time equivalent	111668
employees of less than seventy-five per cent but not less than	111669
sixty per cent, seven thousand dollars per megawatt of nameplate	111670
capacity located in the county as of the thirty-first day of	111671
December of the preceding tax year;	111672

(c) If the project maintains during the construction or	111673
installation of the energy facility a ratio of Ohio-domiciled	111674
full-time equivalent employees to total full-time equivalent	111675
employees of less than sixty per cent but not less than fifty per	111676
cent, eight thousand dollars per megawatt of nameplate capacity	111677
located in the county as of the thirty-first day of December of	111678
the preceding tax year.	111679

(3) In the case of an energy project using clean coal	111680
technology, advanced nuclear technology, or cogeneration	111681
technology, the following:	111682

(a) If the project maintains during the construction or	111683
installation of the energy facility a ratio of Ohio-domiciled	111684
full-time equivalent employees to total full-time equivalent	111685
employees of not less than seventy-five per cent, six thousand	111686
dollars per megawatt of nameplate capacity located in the county	111687
as of the thirty-first day of December of the preceding tax year;	111688

(b) If the project maintains during the construction or	111689
installation of the energy facility a ratio of Ohio-domiciled	111690
full-time equivalent employees to total full-time equivalent	111691
employees of less than seventy-five per cent but not less than	111692
sixty per cent, seven thousand dollars per megawatt of nameplate	111693
capacity located in the county as of the thirty-first day of	111694
December of the preceding tax year;	111695

(c) If the project maintains during the construction or	111696
installation of the energy facility a ratio of Ohio-domiciled	111697
full-time equivalent employees to total full-time equivalent	111698
employees of less than sixty per cent but not less than fifty per	111699
cent, eight thousand dollars per megawatt of nameplate capacity	111700
located in the county as of the thirty-first day of December of	111701
the preceding tax year.	111702

(H) The director of development services in consultation with	111703
the tax commissioner shall adopt rules pursuant to Chapter 119. of	111704
the Revised Code to implement and enforce this section.	111705

Sec. 5727.84. (A) As used in this section and sections	111706
5727.85, 5727.86, and 5727.87 of the Revised Code:	111707

(1) "School district" means a city, local, or exempted	111708
village school district.	111709

(2) "Joint vocational school district" means a joint	111710
vocational school district created under section 3311.16 of the	111711
Revised Code, and includes a cooperative education school district	111712
created under section 3311.52 or 3311.521 of the Revised Code and	111713
a county school financing district created under section 3311.50	111714
of the Revised Code.	111715

(3) "Local taxing unit" means a subdivision or taxing unit,	111716
as defined in section 5705.01 of the Revised Code, a park district	111717
created under Chapter 1545. of the Revised Code, or a township	111718
park district established under section 511.23 of the Revised	111719
Code, but excludes school districts and joint vocational school	111720
districts.	111721

(4) "State education aid," for a school district, means the	111722
following:	111723

(a) For fiscal years prior to fiscal year 2010, the sum of	111724
state aid amounts computed for the district under former sections	111725
3317.029, 3317.052, and 3317.053 of the Revised Code and the	111726
following provisions, as they existed for the applicable fiscal	111727
year: divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	111728
3317.022; divisions (B), (C), and (D) of section 3317.023;	111729
divisions (G), (L), and (N) of section 3317.024; and sections	111730
~~3317.029,~~ 3317.0216, 3317.0217, 3317.04, and 3317.05~~, 3317.052,~~	111731
~~and 3317.053~~ of the Revised Code; and the adjustments required by:	111732
division (C) of section 3310.08; division (C)(2) of section	111733
3310.41; division (C) of section 3314.08; division (D)(2) of	111734
section 3314.091; division (D) of former section 3314.13;	111735
divisions (E), (K), (L), (M), and (N) of section 3317.023;	111736
division (C) of section 3317.20; and sections 3313.979 and	111737
3313.981 of the Revised Code. However, when calculating state	111738
education aid for a school district for fiscal years 2008 and	111739
2009, include the amount computed for the district under Section	111740
269.20.80 of H.B. 119 of the 127th general assembly, as	111741
subsequently amended, instead of division (D) of section 3317.022	111742
of the Revised Code; and include amounts calculated under Section	111743
269.30.80 of H.B. 119 of the 127th general assembly, as	111744
subsequently amended.	111745

(b) For fiscal years 2010 and 2011, the sum of the amounts	111746
computed for the district under former sections 3306.052, 3306.12,	111747
3306.13, 3306.19, 3306.191, ~~and~~ 3306.192, 3317.052, and 3317.053	111748
of the Revised Code and the following provisions, as they existed	111749
for the applicable fiscal year: division (G) of section 3317.024;	111750
~~sections~~section 3317.05~~, 3317.052, and 3317.053~~ of the Revised	111751
Code; and the adjustments required by division (C) of section	111752
3310.08; division (C)(2) of section 3310.41; division (C) of	111753
section 3314.08; division (D)(2) of section 3314.091; division (D)	111754
of former section 3314.13; divisions (E), (K), (L), (M), and (N)	111755
of section 3317.023; division (C) of section 3317.20; and sections	111756
3313.979, 3313.981, and 3326.33 of the Revised Code.	111757

(c) For fiscal years 2012 and 2013, the amount paid in	111758
accordance with the section of H.B. 153 of the 129th general	111759
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	111760
SCHOOL DISTRICTS" and the adjustments required by division (C) of	111761
section 3310.08; division (C)(2) of section 3310.41; section	111762
3310.55; division (C) of section 3314.08; division (D)(2) of	111763
section 3314.091; division (D) of former section 3314.13;	111764
divisions (B), (H), (I), (J), and (K) of section 3317.023;	111765
division (C) of section 3317.20; and sections 3313.979 and	111766
3313.981 of the Revised Code;	111767

(d) For fiscal year 2014 and each fiscal year thereafter, the	111768
sum of amounts computed for and paid to the district under section	111769
3317.022 of the Revised Code; and the adjustments required by	111770
division (C) of section 3310.08, division (C)(2) of section	111771
3310.41, section 3310.55, division (C) of section 3314.08,	111772
division (D)(2) of section 3314.091, divisions (B), (H), (J), and	111773
(K) of section 3317.023, and sections 3313.978, 3313.981,	111774
3317.0212, 3317.0213, 3317.0214, and 3326.33 of the Revised Code.	111775
However, for fiscal years 2014 and 2015, the amount computed for	111776
the district under the section of this act entitled "TRANSITIONAL	111777
AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" also	111778
shall be included.	111779

(5) "State education aid," for a joint vocational school	111780
district, means the following:	111781

(a) For fiscal years prior to fiscal year 2010, the sum of	111782
the state aid amounts computed for the district under division (N)	111783
of section 3317.024 and section 3317.16 of the Revised Code.	111784
However, when calculating state education aid for a joint	111785
vocational school district for fiscal years 2008 and 2009, include	111786
the amount computed for the district under Section 269.30.90 of	111787
H.B. 119 of the 127th general assembly, as subsequently amended.	111788

(b) For fiscal years 2010 and 2011, the amount computed for	111789
the district in accordance with the section of H.B. 1 of the 128th	111790
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	111791
DISTRICTS"."	111792

(c) For fiscal years 2012 and 2013, the amount paid in	111793
accordance with the section of H.B. 153 of the 129th general	111794
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	111795

(d) For fiscal year 2014 and each fiscal year thereafter, the	111796
amount computed for the district under section 3317.16 of the	111797
Revised Code; except that, for fiscal years 2014 and 2015, the	111798
amount computed for the district under the section of this act	111799
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	111800
shall be included.	111801

(6) "State education aid offset" means the amount determined	111802
for each school district or joint vocational school district under	111803
division (A)(1) of section 5727.85 of the Revised Code.	111804

(7) "Recognized valuation" ~~has the same meaning as in~~means	111805
the amount computed for a school district pursuant to section	111806
~~3317.02~~3317.015 of the Revised Code.	111807

(8) "Electric company tax value loss" means the amount	111808
determined under division (D) of this section.	111809

(9) "Natural gas company tax value loss" means the amount	111810
determined under division (E) of this section.	111811

(10) "Tax value loss" means the sum of the electric company	111812
tax value loss and the natural gas company tax value loss.	111813

(11) "Fixed-rate levy" means any tax levied on property other	111814
than a fixed-sum levy.	111815

(12) "Fixed-rate levy loss" means the amount determined under	111816
division (G) of this section.	111817

(13) "Fixed-sum levy" means a tax levied on property at	111818
whatever rate is required to produce a specified amount of tax	111819
money or levied in excess of the ten-mill limitation to pay debt	111820
charges, and includes school district emergency levies charged and	111821
payable pursuant to section 5705.194 of the Revised Code.	111822

(14) "Fixed-sum levy loss" means the amount determined under	111823
division (H) of this section.	111824

(15) "Consumer price index" means the consumer price index	111825
(all items, all urban consumers) prepared by the bureau of labor	111826
statistics of the United States department of labor.	111827

(16) "Total resources" and "total library resources" have the	111828
same meanings as in section 5751.20 of the Revised Code.	111829

(17) "2011 current expense S.B. 3 allocation" means the sum	111830
of payments received by a school district or joint vocational	111831
school district in fiscal year 2011 for current expense levy	111832
losses pursuant to division (C)(2) of section 5727.85 of the	111833
Revised Code. If a fixed-rate levy eligible for reimbursement is	111834
not charged and payable in any year after tax year 2010, "2011	111835
current expense S.B. 3 allocation" used to compute payments to be	111836
made under division (C)(3) of section 5727.85 of the Revised Code	111837
in the tax years following the last year the levy is charged and	111838
payable shall be reduced to the extent that those payments are	111839
attributable to the fixed-rate levy loss of that levy.	111840

(18) "2010 current expense S.B. 3 allocation" means the sum	111841
of payments received by a municipal corporation in calendar year	111842
2010 for current expense levy losses pursuant to division (A)(1)	111843
of section 5727.86 of the Revised Code, excluding any such	111844
payments received for current expense levy losses attributable to	111845
a tax levied under section 5705.23 of the Revised Code. If a	111846
fixed-rate levy eligible for reimbursement is not charged and	111847
payable in any year after tax year 2010, "2010 current expense	111848
S.B. 3 allocation" used to compute payments to be made under	111849
division (A)(1)(d) or (e) of section 5727.86 of the Revised Code	111850
in the tax years following the last year the levy is charged and	111851
payable shall be reduced to the extent that those payments are	111852
attributable to the fixed-rate levy loss of that levy.	111853

(19) "2010 S.B. 3 allocation" means the sum of payments	111854
received by a local taxing unit during calendar year 2010 pursuant	111855
to division (A)(1) of section 5727.86 of the Revised Code,	111856
excluding any such payments received for fixed-rate levy losses	111857
attributable to a tax levied under section 5705.23 of the Revised	111858
Code. If a fixed-rate levy eligible for reimbursement is not	111859
charged and payable in any year after tax year 2010, "2010 S.B. 3	111860
allocation" used to compute payments to be made under division	111861
(A)(1)(d) or (e) of section 5727.86 of the Revised Code in the tax	111862
years following the last year the levy is charged and payable	111863
shall be reduced to the extent that those payments are	111864
attributable to the fixed-rate levy loss of that levy.	111865

(20) "Total S.B. 3 allocation" means, in the case of a school	111866
district or joint vocational school district, the sum of the	111867
payments received in fiscal year 2011 pursuant to divisions (C)(2)	111868
and (D) of section 5727.85 of the Revised Code. In the case of a	111869
local taxing unit, "total S.B. 3 allocation" means the sum of	111870
payments received by the unit in calendar year 2010 pursuant to	111871
divisions (A)(1) and (4) of section 5727.86 of the Revised Code,	111872
excluding any such payments received for fixed-rate levy losses	111873
attributable to a tax levied under section 5705.23 of the Revised	111874
Code. If a fixed-rate levy eligible for reimbursement is not	111875
charged and payable in any year after tax year 2010, "total S.B. 3	111876
allocation" used to compute payments to be made under division	111877
(C)(3) of section 5727.85 or division (A)(1)(d) or (e) of section	111878
5727.86 of the Revised Code in the tax years following the last	111879
year the levy is charged and payable shall be reduced to the	111880
extent that those payments are attributable to the fixed-rate levy	111881
loss of that levy as would be computed under division (C)(2) of	111882
section 5727.85 or division (A)(1)(b) of section 5727.86 of the	111883
Revised Code.	111884

(21) "2011 non-current expense S.B. 3 allocation" means the	111885
difference of a school district's or joint vocational school	111886
district's total S.B. 3 allocation minus the sum of the school	111887
district's 2011 current expense S.B. 3 allocation and the portion	111888
of the school district's total S.B. 3 allocation constituting	111889
reimbursement for debt levies pursuant to division (D) of section	111890
5727.85 of the Revised Code.	111891

(22) "2010 non-current expense S.B. 3 allocation" means the	111892
difference of a municipal corporation's total S.B. 3 allocation	111893
minus the sum of its 2010 current expense S.B. 3 allocation and	111894
the portion of its total S.B. 3 allocation constituting	111895
reimbursement for debt levies pursuant to division (A)(4) of	111896
section 5727.86 of the Revised Code.	111897

(23) "S.B. 3 allocation for library purposes" means, in the	111898
case of a county, municipal corporation, school district, or	111899
township public library that receives the proceeds of a tax levied	111900
under section 5705.23 of the Revised Code, the sum of the payments	111901
received by the public library in calendar year 2010 pursuant to	111902
section 5727.86 of the Revised Code for fixed-rate levy losses	111903
attributable to a tax levied under section 5705.23 of the Revised	111904
Code. If a fixed-rate levy authorized under section 5705.23 of the	111905
Revised Code that is eligible for reimbursement is not charged and	111906
payable in any year after tax year 2010, "S.B. 3 allocation for	111907
library purposes" used to compute payments to be made under	111908
division (A)(1)(f) of section 5727.86 of the Revised Code in the	111909
tax years following the last year the levy is charged and payable	111910
shall be reduced to the extent that those payments are	111911
attributable to the fixed-rate levy loss of that levy as would be	111912
computed under division (A)(1)(b) of section 5727.86 of the	111913
Revised Code.	111914

(24) "Threshold per cent" means, in the case of a school	111915
district or joint vocational school district, two per cent for	111916
fiscal year 2012 and four per cent for fiscal years 2013 and	111917
thereafter. In the case of a local taxing unit or public library	111918
that receives the proceeds of a tax levied under section 5705.23	111919
of the Revised Code, "threshold per cent" means two per cent for	111920
calendar year 2011, four per cent for calendar year 2012, and six	111921
per cent for calendar years 2013 and thereafter.	111922

(B) The kilowatt-hour tax receipts fund is hereby created in	111923
the state treasury and shall consist of money arising from the tax	111924
imposed by section 5727.81 of the Revised Code. All money in the	111925
kilowatt-hour tax receipts fund shall be credited as follows:	111926

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	111927
2001-2011	63.0%	25.4%	11.6%	111928
2012 and thereafter	88.0%	9.0%	3.0%	111929

(C) The natural gas tax receipts fund is hereby created in	111930
the state treasury and shall consist of money arising from the tax	111931
imposed by section 5727.811 of the Revised Code. All money in the	111932
fund shall be credited as follows:	111933

(1) For fiscal years before fiscal year 2012:

111934

(a) Sixty-eight and seven-tenths per cent shall be credited	111935
to the school district property tax replacement fund for the	111936
purpose of making the payments described in section 5727.85 of the	111937
Revised Code.	111938

(b) Thirty-one and three-tenths per cent shall be credited to	111939
the local government property tax replacement fund for the purpose	111940
of making the payments described in section 5727.86 of the Revised	111941
Code.	111942

(2) For fiscal years 2012 and thereafter, one hundred per	111943
cent to the general revenue fund.	111944

(D) Not later than January 1, 2002, the tax commissioner	111945
shall determine for each taxing district its electric company tax	111946
value loss, which is the sum of the applicable amounts described	111947
in divisions (D)(1) to (4) of this section:	111948

(1) The difference obtained by subtracting the amount	111949
described in division (D)(1)(b) from the amount described in	111950
division (D)(1)(a) of this section.	111951

(a) The value of electric company and rural electric company	111952
tangible personal property as assessed by the tax commissioner for	111953
tax year 1998 on a preliminary assessment, or an amended	111954
preliminary assessment if issued prior to March 1, 1999, and as	111955
apportioned to the taxing district for tax year 1998;	111956

(b) The value of electric company and rural electric company	111957
tangible personal property as assessed by the tax commissioner for	111958
tax year 1998 had the property been apportioned to the taxing	111959
district for tax year 2001, and assessed at the rates in effect	111960
for tax year 2001.	111961

(2) The difference obtained by subtracting the amount	111962
described in division (D)(2)(b) from the amount described in	111963
division (D)(2)(a) of this section.	111964

(a) The three-year average for tax years 1996, 1997, and 1998	111965
of the assessed value from nuclear fuel materials and assemblies	111966
assessed against a person under Chapter 5711. of the Revised Code	111967
from the leasing of them to an electric company for those	111968
respective tax years, as reflected in the preliminary assessments;	111969

(b) The three-year average assessed value from nuclear fuel	111970
materials and assemblies assessed under division (D)(2)(a) of this	111971
section for tax years 1996, 1997, and 1998, as reflected in the	111972
preliminary assessments, using an assessment rate of twenty-five	111973
per cent.	111974

(3) In the case of a taxing district having a nuclear power	111975
plant within its territory, any amount, resulting in an electric	111976
company tax value loss, obtained by subtracting the amount	111977
described in division (D)(1) of this section from the difference	111978
obtained by subtracting the amount described in division (D)(3)(b)	111979
of this section from the amount described in division (D)(3)(a) of	111980
this section.	111981

(a) The value of electric company tangible personal property	111982
as assessed by the tax commissioner for tax year 2000 on a	111983
preliminary assessment, or an amended preliminary assessment if	111984
issued prior to March 1, 2001, and as apportioned to the taxing	111985
district for tax year 2000;	111986

(b) The value of electric company tangible personal property	111987
as assessed by the tax commissioner for tax year 2001 on a	111988
preliminary assessment, or an amended preliminary assessment if	111989
issued prior to March 1, 2002, and as apportioned to the taxing	111990
district for tax year 2001.	111991

(4) In the case of a taxing district having a nuclear power	111992
plant within its territory, the difference obtained by subtracting	111993
the amount described in division (D)(4)(b) of this section from	111994
the amount described in division (D)(4)(a) of this section,	111995
provided that such difference is greater than ten per cent of the	111996
amount described in division (D)(4)(a) of this section.	111997

(a) The value of electric company tangible personal property	111998
as assessed by the tax commissioner for tax year 2005 on a	111999
preliminary assessment, or an amended preliminary assessment if	112000
issued prior to March 1, 2006, and as apportioned to the taxing	112001
district for tax year 2005;	112002

(b) The value of electric company tangible personal property	112003
as assessed by the tax commissioner for tax year 2006 on a	112004
preliminary assessment, or an amended preliminary assessment if	112005
issued prior to March 1, 2007, and as apportioned to the taxing	112006
district for tax year 2006.	112007

(E) Not later than January 1, 2002, the tax commissioner	112008
shall determine for each taxing district its natural gas company	112009
tax value loss, which is the sum of the amounts described in	112010
divisions (E)(1) and (2) of this section:	112011

(1) The difference obtained by subtracting the amount	112012
described in division (E)(1)(b) from the amount described in	112013
division (E)(1)(a) of this section.	112014

(a) The value of all natural gas company tangible personal	112015
property, other than property described in division (E)(2) of this	112016
section, as assessed by the tax commissioner for tax year 1999 on	112017
a preliminary assessment, or an amended preliminary assessment if	112018
issued prior to March 1, 2000, and apportioned to the taxing	112019
district for tax year 1999;	112020

(b) The value of all natural gas company tangible personal	112021
property, other than property described in division (E)(2) of this	112022
section, as assessed by the tax commissioner for tax year 1999 had	112023
the property been apportioned to the taxing district for tax year	112024
2001, and assessed at the rates in effect for tax year 2001.	112025

(2) The difference in the value of current gas obtained by	112026
subtracting the amount described in division (E)(2)(b) from the	112027
amount described in division (E)(2)(a) of this section.	112028

(a) The three-year average assessed value of current gas as	112029
assessed by the tax commissioner for tax years 1997, 1998, and	112030
1999 on a preliminary assessment, or an amended preliminary	112031
assessment if issued prior to March 1, 2001, and as apportioned in	112032
the taxing district for those respective years;	112033

(b) The three-year average assessed value from current gas	112034
under division (E)(2)(a) of this section for tax years 1997, 1998,	112035
and 1999, as reflected in the preliminary assessment, using an	112036
assessment rate of twenty-five per cent.	112037

(F) The tax commissioner may request that natural gas	112038
companies, electric companies, and rural electric companies file a	112039
report to help determine the tax value loss under divisions (D)	112040
and (E) of this section. The report shall be filed within thirty	112041
days of the commissioner's request. A company that fails to file	112042
the report or does not timely file the report is subject to the	112043
penalty in section 5727.60 of the Revised Code.	112044

(G) Not later than January 1, 2002, the tax commissioner	112045
shall determine for each school district, joint vocational school	112046
district, and local taxing unit its fixed-rate levy loss, which is	112047
the sum of its electric company tax value loss multiplied by the	112048
tax rate in effect in tax year 1998 for fixed-rate levies and its	112049
natural gas company tax value loss multiplied by the tax rate in	112050
effect in tax year 1999 for fixed-rate levies.	112051

(H) Not later than January 1, 2002, the tax commissioner	112052
shall determine for each school district, joint vocational school	112053
district, and local taxing unit its fixed-sum levy loss, which is	112054
the amount obtained by subtracting the amount described in	112055
division (H)(2) of this section from the amount described in	112056
division (H)(1) of this section:	112057

(1) The sum of the electric company tax value loss multiplied	112058
by the tax rate in effect in tax year 1998, and the natural gas	112059
company tax value loss multiplied by the tax rate in effect in tax	112060
year 1999, for fixed-sum levies for all taxing districts within	112061
each school district, joint vocational school district, and local	112062
taxing unit. For the years 2002 through 2006, this computation	112063
shall include school district emergency levies that existed in	112064
1998 in the case of the electric company tax value loss, and 1999	112065
in the case of the natural gas company tax value loss, and all	112066
other fixed-sum levies that existed in 1998 in the case of the	112067
electric company tax value loss and 1999 in the case of the	112068
natural gas company tax value loss and continue to be charged in	112069
the tax year preceding the distribution year. For the years 2007	112070
through 2016 in the case of school district emergency levies, and	112071
for all years after 2006 in the case of all other fixed-sum	112072
levies, this computation shall exclude all fixed-sum levies that	112073
existed in 1998 in the case of the electric company tax value loss	112074
and 1999 in the case of the natural gas company tax value loss,	112075
but are no longer in effect in the tax year preceding the	112076
distribution year. For the purposes of this section, an emergency	112077
levy that existed in 1998 in the case of the electric company tax	112078
value loss, and 1999 in the case of the natural gas company tax	112079
value loss, continues to exist in a year beginning on or after	112080
January 1, 2007, but before January 1, 2017, if, in that year, the	112081
board of education levies a school district emergency levy for an	112082
annual sum at least equal to the annual sum levied by the board in	112083
tax year 1998 or 1999, respectively, less the amount of the	112084
payment certified under this division for 2002.	112085

(2) The total taxable value in tax year 1999 less the tax	112086
value loss in each school district, joint vocational school	112087
district, and local taxing unit multiplied by one-fourth of one	112088
mill.	112089

If the amount computed under division (H) of this section for	112090
any school district, joint vocational school district, or local	112091
taxing unit is greater than zero, that amount shall equal the	112092
fixed-sum levy loss reimbursed pursuant to division (F) of section	112093
5727.85 of the Revised Code or division (A)(2) of section 5727.86	112094
of the Revised Code, and the one-fourth of one mill that is	112095
subtracted under division (H)(2) of this section shall be	112096
apportioned among all contributing fixed-sum levies in the	112097
proportion of each levy to the sum of all fixed-sum levies within	112098
each school district, joint vocational school district, or local	112099
taxing unit.	112100

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	112101
section, in computing the tax value loss, fixed-rate levy loss,	112102
and fixed-sum levy loss, the tax commissioner shall use the	112103
greater of the 1998 tax rate or the 1999 tax rate in the case of	112104
levy losses associated with the electric company tax value loss,	112105
but the 1999 tax rate shall not include for this purpose any tax	112106
levy approved by the voters after June 30, 1999, and the tax	112107
commissioner shall use the greater of the 1999 or the 2000 tax	112108
rate in the case of levy losses associated with the natural gas	112109
company tax value loss.	112110

(J) Not later than January 1, 2002, the tax commissioner	112111
shall certify to the department of education the tax value loss	112112
determined under divisions (D) and (E) of this section for each	112113
taxing district, the fixed-rate levy loss calculated under	112114
division (G) of this section, and the fixed-sum levy loss	112115
calculated under division (H) of this section. The calculations	112116
under divisions (G) and (H) of this section shall separately	112117
display the levy loss for each levy eligible for reimbursement.	112118

(K) Not later than September 1, 2001, the tax commissioner	112119
shall certify the amount of the fixed-sum levy loss to the county	112120
auditor of each county in which a school district with a fixed-sum	112121
levy loss has territory.	112122

Sec. 5727.89. (A) The tax commissioner may make an	112123
assessment, based on any information in the commissioner's	112124
possession, against any natural gas distribution company, electric	112125
distribution company, self-assessing purchaser, or qualified end	112126
user that fails to file a return or pay any tax, interest, or	112127
additional charge as required by sections 5727.80 to 5727.95 of	112128
the Revised Code.	112129

When information in the possession of the tax commissioner	112130
indicates that a person liable for the tax imposed by section	112131
5727.81 or 5727.811 of the Revised Code has not paid the full	112132
amount of tax due, the commissioner may audit a representative	112133
sample of the person's business and may issue an assessment based	112134
on the audit. The commissioner shall give the person assessed	112135
written notice of the assessment in the manner provided in section	112136
5703.37 of the Revised Code. With the notice, the commissioner	112137
shall provide instructions on how to petition for reassessment and	112138
request a hearing on the petition.	112139

The tax commissioner may issue an assessment for which the	112140
tax imposed by section 5727.81 or 5727.811 of the Revised Code was	112141
due and unpaid on the date the person was informed by an agent of	112142
the tax commissioner of an investigation or audit of the person.	112143
Any payment of the tax for the period covered by the assessment,	112144
after the person is so informed, shall be credited against the	112145
assessment.	112146

A penalty of up to fifteen per cent may be added to all	112147
amounts assessed under this section. The commissioner may adopt	112148
rules providing for the imposition and remission of penalties.	112149

(B) Unless the party assessed files with the tax commissioner	112150
within sixty days after service of the notice of assessment,	112151
either personally or by certified mail, a written petition for	112152
reassessment signed by the party assessed or that party's	112153
authorized agent having knowledge of the facts, the assessment	112154
becomes final and the amount of the assessment is due and payable	112155
from the party assessed to the treasurer of state. The petition	112156
shall indicate the objections of the party assessed, but	112157
additional objections may be raised in writing if received by the	112158
commissioner prior to the date shown on the final determination.	112159
If the petition has been properly filed, the commissioner shall	112160
proceed under section 5703.60 of the Revised Code.	112161

(C) After an assessment becomes final, if any portion of the	112162
assessment, including accrued interest, remains unpaid, a	112163
certified copy of the tax commissioner's entry making the	112164
assessment final may be filed in the office of the clerk of the	112165
court of common pleas in the county in which the party assessed	112166
resides or in which the party's business is conducted. If the	112167
party assessed maintains no place of business in this state and is	112168
not a resident of this state, the certified copy of the entry may	112169
be filed in the office of the clerk of the court of common pleas	112170
of Franklin county.	112171

Immediately upon the filing of the entry, the clerk shall	112172
enter a judgment for the state against the person assessed in the	112173
amount shown on the entry. The judgment may be filed by the clerk	112174
in a loose-leaf book entitled "special judgments for the	112175
distribution excise taxes," and shall have the same effect as	112176
other judgments. Execution shall issue upon the judgment at the	112177
request of the tax commissioner, and all laws applicable to sales	112178
on execution shall apply to sales made under the judgment.	112179

~~The portion of~~If the assessment is not paid in its entirety	112180
within sixty days after the day the assessment was issued, the	112181
portion of the assessment consisting of tax due shall bear	112182
interest at the rate per annum prescribed by section 5703.47 of	112183
the Revised Code from the day the tax commissioner issues the	112184
assessment until the day the assessment is paid or until it is	112185
certified to the attorney general for collection under section	112186
131.02 of the Revised Code, whichever comes first. If the unpaid	112187
portion of the assessment is certified to the attorney general for	112188
collection, the entire unpaid portion of the assessment shall bear	112189
interest at the rate per annum prescribed by section 5703.47 of	112190
the Revised Code from the date of certification until the date it	112191
is paid in its entirety. Interest shall be paid in the same manner	112192
as the tax and may be collected by the issuance of an assessment	112193
under this section.	112194

(D) If the tax commissioner believes that collection of the	112195
tax imposed by section 5727.81 or 5727.811 of the Revised Code	112196
will be jeopardized unless proceedings to collect or secure	112197
collection of the tax are instituted without delay, the	112198
commissioner may issue a jeopardy assessment against the person	112199
liable for the tax. Immediately upon the issuance of the jeopardy	112200
assessment, the commissioner shall file an entry with the clerk of	112201
the court of common pleas in the manner prescribed by division (C)	112202
of this section. Notice of the jeopardy assessment shall be served	112203
on the party assessed or the party's legal representative within	112204
five days of the filing of the entry with the clerk. The total	112205
amount assessed is immediately due and payable, unless the party	112206
assessed files a petition for reassessment in accordance with	112207
division (B) of this section and provides security in a form	112208
satisfactory to the commissioner and in an amount sufficient to	112209
satisfy the unpaid balance of the assessment. Full or partial	112210
payment of the assessment does not prejudice the commissioner's	112211
consideration of the petition for reassessment.	112212

(E) All money collected by the tax commissioner under this	112213
section shall be paid to the treasurer of state, and when paid	112214
shall be considered as revenue arising from the taxes imposed by	112215
sections 5727.81 and 5727.811 of the Revised Code.	112216

Sec. 5728.10. (A) If any person required to file a fuel use	112217
tax return by sections 5728.01 to 5728.14 of the Revised Code,	112218
fails to file the return within the time prescribed by those	112219
sections, files an incomplete return, files an incorrect return,	112220
or fails to remit the full amount of the tax due for the period	112221
covered by the return, the tax commissioner may make an assessment	112222
against the person, based upon any information in the	112223
commissioner's possession, for the period for which the tax was	112224
due.	112225

No assessment shall be made against any person for any tax	112226
imposed by this chapter more than four years after the return date	112227
for the period for which the tax was due or more than four years	112228
after the return for the period was filed, whichever is later.	112229
This section does not bar an assessment against any person who	112230
fails to file a fuel use tax return as required by this chapter,	112231
or who files a fraudulent fuel use tax return.	112232

A penalty of up to fifteen per cent may be added to the	112233
amount of every assessment made pursuant to this section. The	112234
commissioner may adopt rules providing for the imposition and	112235
remission of penalties added to assessments made under this	112236
section.	112237

The commissioner shall give the party assessed written notice	112238
of the assessment in the manner provided in section 5703.37 of the	112239
Revised Code. With the notice, the commissioner shall provide	112240
instructions on how to petition for reassessment and request a	112241
hearing on the petition.	112242

(B) Unless the party assessed files with the tax commissioner	112243
within sixty days after service of the notice of assessment,	112244
either personally or by certified mail, a written petition for	112245
reassessment, signed by the party assessed, or by the party's	112246
authorized agent having knowledge of the facts, the assessment	112247
becomes final and the amount of the assessment is due and payable	112248
from the party assessed to the treasurer of state. The petition	112249
shall indicate the objections of the party assessed, but	112250
additional objections may be raised in writing if received by the	112251
commissioner prior to the date shown on the final determination.	112252
If the petition has been properly filed, the commissioner shall	112253
proceed under section 5703.60 of the Revised Code.	112254

(C) After an assessment becomes final, if any portion of the	112255
assessment remains unpaid, including accrued interest, a certified	112256
copy of the tax commissioner's entry making the assessment final	112257
may be filed in the office of the clerk of the court of common	112258
pleas in the county in which the party's place of business is	112259
located or the county in which the party assessed resides. If the	112260
party maintains no office in this state and is not a resident of	112261
this state, the certified copy of the entry may be filed in the	112262
office of the clerk of the court of common pleas of Franklin	112263
county.	112264

Immediately upon the filing of the entry, the clerk shall	112265
enter a judgment for the state of Ohio against the party assessed	112266
in the amount shown on the entry. The judgment may be filed by the	112267
clerk in a loose-leaf book entitled "special judgments for state	112268
fuel use tax," and shall have the same effect as other judgments.	112269
Execution shall issue upon the judgment upon the request of the	112270
commissioner, and all laws applicable to sales on execution shall	112271
apply to sales made under the judgment.	112272

~~The portion of~~If the assessment is not paid within sixty	112273
days after the day the assessment was issued, the portion of the	112274
assessment consisting of tax due shall bear interest at the rate	112275
per annum prescribed by section 5703.47 of the Revised Code from	112276
the day the commissioner issues the assessment until it is paid or	112277
until it is certified to the attorney general for collection under	112278
section 131.02 of the Revised Code, whichever comes first. If the	112279
unpaid portion of the assessment is certified to the attorney	112280
general for collection, the entire unpaid portion of the	112281
assessment shall bear interest at the rate per annum prescribed by	112282
section 5703.47 of the Revised Code from the date of certification	112283
until the date it is paid in its entirety. Interest shall be paid	112284
in the same manner as the tax and may be collected by the issuance	112285
of an assessment under this section.	112286

(D) All money collected by the tax commissioner under this	112287
section shall be paid into the state treasury in the same manner	112288
as the revenues deriving from the taxes imposed by section 5728.06	112289
of the Revised Code.	112290

Sec. 5729.03. (A) If the superintendent of insurance finds	112291
the annual statement required by section 5729.02 of the Revised	112292
Code to be correct, the superintendent shall compute the following	112293
amount, as applicable, of the balance of such gross amount, after	112294
deducting such return premiums and considerations received for	112295
reinsurance, and charge such amount to such company as a tax upon	112296
the business done by it in this state for the period covered by	112297
such annual statement:	112298

(1) If the company is a health insuring corporation, one per	112299
cent of the balance of premium rate payments received, exclusive	112300
of payments received under the medicare program ~~established under~~	112301
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	112302
~~U.S.C.A. 301, as amended,~~ and exclusive of payments received	112303
pursuant to the ~~medical assistance~~medicaid program ~~established~~	112304
~~under Chapter 5111. of the Revised Code~~ for the period ending	112305
September 30, 2009, as reflected in its annual report;	112306

(2) If the company is not a health insuring corporation, one	112307
and four-tenths per cent of the balance of premiums received,	112308
exclusive of premiums received under the medicare program	112309
~~established under Title XVIII of the "Social Security Act," 49~~	112310
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	112311
payments received pursuant to the ~~medical assistance~~medicaid	112312
program ~~established under Chapter 5111. of the Revised Code~~ for	112313
the period ending September 30, 2009, as reflected in its annual	112314
statement, and, if the company operates a health insuring	112315
corporation as a line of business, one per cent of the balance of	112316
premium rate payments received from that line of business,	112317
exclusive of payments received under the medicare program	112318
~~established under Title XVIII of the "Social Security Act," 49~~	112319
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ and exclusive of	112320
payments received pursuant to the ~~medical assistance~~medicaid	112321
program ~~established under Chapter 5111. of the Revised Code~~ for	112322
the period ending September 30, 2009, as reflected in its annual	112323
statement.	112324

Each foreign insurance company, including health insuring	112325
corporations, receiving payments pursuant to the ~~medical~~	112326
~~assistance~~medicaid program ~~established under Chapter 5111. of the~~	112327
~~Revised Code~~ during the period beginning October 1, 2009, and	112328
ending December 31, 2009, shall file with the 2009 annual	112329
statement to the superintendent a schedule that reflects those	112330
payments received pursuant to the ~~medical assistance~~medicaid	112331
program for that period. The payments reflected in the schedule,	112332
plus all other taxable premiums, are subject to the annual	112333
franchise tax due to be paid in 2010.	112334

(B) Any insurance policies that were not issued in violation	112335
of Title XXXIX of the Revised Code and that were issued prior to	112336
April 15, 1967, by a life insurance company organized and operated	112337
without profit to any private shareholder or individual,	112338
exclusively for the purpose of aiding educational or scientific	112339
institutions organized and operated without profit to any private	112340
shareholder or individual, are not subject to the tax imposed by	112341
this section. All taxes collected pursuant to this section shall	112342
be credited to the general revenue fund.	112343

(C) In no case shall the tax imposed under this section be	112344
less than two hundred fifty dollars.	112345

Sec. 5729.17. (A) As used in this section, "certificate	112346
owner" has the same meaning as in section 149.311 of the Revised	112347
Code.	112348

(B) There is allowed a credit against the tax imposed by	112349
section 5729.03 of the Revised Code for an insurance company	112350
subject to that tax that is a certificate owner of a	112351
rehabilitation tax credit certificate issued under section 149.311	112352
of the Revised Code. The credit shall equal twenty-five per cent	112353
of the dollar amount indicated on the certificate, but the amount	112354
of the credit allowed for any company for any year shall not	112355
exceed ~~five~~ten million dollars. The credit shall be claimed in	112356
the calendar year specified in the certificate and in the order	112357
required under section 5729.98 of the Revised Code. If the credit	112358
exceeds the amount of tax otherwise due in that year, the excess	112359
shall be refunded to the company but, if any amount of the credit	112360
is refunded, the sum of the amount refunded and the amount applied	112361
to reduce the tax otherwise due in that year shall not exceed	112362
three million dollars. The company may carry forward any balance	112363
of the credit in excess of the amount claimed in that year for not	112364
more than five ensuing years, and shall deduct any amount claimed	112365
in any such year from the amount claimed in an ensuing year.	112366

(C) An insurance company claiming a credit under this section	112367
shall retain the rehabilitation tax credit certificate for four	112368
years following the end of the year in which the credit was	112369
claimed, and shall make the certificate available for inspection	112370
by the tax commissioner upon the request of the tax commissioner	112371
during that period.	112372

Sec. 5731.39. This section does not apply to, and the	112373
written permission of the tax commissioner is not required for	112374
asset transfers with respect to, decedents dying on or after	112375
January 1, 2013.	112376

(A) No corporation organized or existing under the laws of	112377
this state shall transfer on its books or issue a new certificate	112378
for any share of its capital stock registered in the name of a	112379
decedent, or in trust for a decedent, or in the name of a decedent	112380
and another person or persons, without the written consent of the	112381
tax commissioner.	112382

(B) No safe deposit company, trust company, financial	112383
institution as defined in division (A) of section 5725.01 of the	112384
Revised Code, or other corporation or person, having in	112385
possession, control, or custody a deposit standing in the name of	112386
a decedent, or in trust for a decedent, or in the name of a	112387
decedent and another person or persons, shall deliver or transfer	112388
an amount in excess of three-fourths of the total value of such	112389
deposit, including accrued interest and dividends, as of the date	112390
of decedent's death, without the written consent of the tax	112391
commissioner. The written consent of the tax commissioner need not	112392
be obtained prior to the delivery or transfer of amounts having a	112393
value of three-fourths or less of said total value.	112394

(C) No life insurance company shall pay the proceeds of an	112395
annuity or matured endowment contract, or of a life insurance	112396
contract payable to the estate of a decedent, or of any other	112397
insurance contract taxable under Chapter 5731. of the Revised	112398
Code, without the written consent of the tax commissioner. Any	112399
life insurance company may pay the proceeds of any insurance	112400
contract not specified in this division (C) without the written	112401
consent of the tax commissioner.	112402

(D) No trust company or other corporation or person shall pay	112403
the proceeds of any death benefit, retirement, pension, or	112404
profit-sharing plan in excess of two thousand dollars, without the	112405
written consent of the tax commissioner. Such trust company or	112406
other corporation or person, however, may pay the proceeds of any	112407
death benefit, retirement, pension, or profit-sharing plan which	112408
consists of insurance on the life of the decedent payable to a	112409
beneficiary other than the estate of the insured without the	112410
written consent of the tax commissioner.	112411

(E) No safe deposit company, trust company, financial	112412
institution as defined in division (A) of section 5725.01 of the	112413
Revised Code, or other corporation or person, having in	112414
possession, control, or custody securities, assets, or other	112415
property (including the shares of the capital stock of, or other	112416
interest in, such safe deposit company, trust company, financial	112417
institution as defined in division (A) of section 5725.01 of the	112418
Revised Code, or other corporation), standing in the name of a	112419
decedent, or in trust for a decedent, or in the name of a decedent	112420
and another person or persons, and the transfer of which is	112421
taxable under Chapter 5731. of the Revised Code, shall deliver or	112422
transfer any such securities, assets, or other property which have	112423
a value as of the date of decedent's death in excess of	112424
three-fourths of the total value thereof, without the written	112425
consent of the tax commissioner. The written consent of the tax	112426
commissioner need not be obtained prior to the delivery or	112427
transfer of any such securities, assets, or other property having	112428
a value of three-fourths or less of said total value.	112429

(F) No safe deposit company, financial institution as defined	112430
in division (A) of section 5725.01 of the Revised Code, or other	112431
corporation or person having possession or control of a safe	112432
deposit box or similar receptacle standing in the name of a	112433
decedent or in the name of the decedent and another person or	112434
persons, or to which the decedent had a right of access, except	112435
when such safe deposit box or other receptacle stands in the name	112436
of a corporation or partnership, or in the name of the decedent as	112437
guardian or executor, shall deliver any of the contents thereof	112438
unless the safe deposit box or similar receptacle has been opened	112439
and inventoried in the presence of the tax commissioner or the	112440
commissioner's agent, and a written consent to transfer issued;	112441
provided, however, that a safe deposit company, financial	112442
institution, or other corporation or person having possession or	112443
control of a safe deposit box may deliver wills, deeds to burial	112444
lots, and insurance policies to a representative of the decedent,	112445
but that a representative of the safe deposit company, financial	112446
institution, or other corporation or person must supervise the	112447
opening of the box and make a written record of the wills, deeds,	112448
and policies removed. Such written record shall be included in the	112449
tax commissioner's inventory records.	112450

(G) Notwithstanding any provision of this section:

112451

(1) The tax commissioner may authorize any delivery or	112452
transfer or waive any of the foregoing requirements under such	112453
terms and conditions as the commissioner may prescribe;	112454

(2) A home, as defined in section 3721.10 of the Revised	112455
Code, or a residential facility licensed under section ~~5119.22~~	112456
5119.34 of the Revised Code that provides accommodations,	112457
supervision, and personal care services for three to sixteen	112458
unrelated adults, may transfer or use the money in a personal	112459
needs allowance account in accordance with section ~~5111.113~~	112460
5162.22 of the Revised Code without the written consent of the tax	112461
commissioner, and without the account having been opened and	112462
inventoried in the presence of the commissioner or the	112463
commissioner's agent.	112464

Failure to comply with this section shall render such safe	112465
deposit company, trust company, life insurance company, financial	112466
institution as defined in division (A) of section 5725.01 of the	112467
Revised Code, or other corporation or person liable for the amount	112468
of the taxes and interest due under the provisions of Chapter	112469
5731. of the Revised Code on the transfer of such stock, deposit,	112470
proceeds of an annuity or matured endowment contract or of a life	112471
insurance contract payable to the estate of a decedent, or other	112472
insurance contract taxable under Chapter 5731. of the Revised	112473
Code, proceeds of any death benefit, retirement, pension, or	112474
profit-sharing plan in excess of two thousand dollars, or	112475
securities, assets, or other property of any resident decedent,	112476
and in addition thereto, to a penalty of not less than five	112477
hundred or more than five thousand dollars.	112478

Sec. 5733.01. (A) The tax provided by this chapter for	112479
domestic corporations shall be the amount charged against each	112480
corporation organized for profit under the laws of this state and	112481
each nonprofit corporation organized pursuant to Chapter 1729. of	112482
the Revised Code, except as provided in sections 5733.09 and	112483
5733.10 of the Revised Code, for the privilege of exercising its	112484
franchise during the calendar year in which that amount is	112485
payable, and the tax provided by this chapter for foreign	112486
corporations shall be the amount charged against each corporation	112487
organized for profit and each nonprofit corporation organized or	112488
operating in the same or similar manner as nonprofit corporations	112489
organized under Chapter 1729. of the Revised Code, under the laws	112490
of any state or country other than this state, except as provided	112491
in sections 5733.09 and 5733.10 of the Revised Code, for the	112492
privilege of doing business in this state, owning or using a part	112493
or all of its capital or property in this state, holding a	112494
certificate of compliance with the laws of this state authorizing	112495
it to do business in this state, or otherwise having nexus in or	112496
with this state under the Constitution of the United States,	112497
during the calendar year in which that amount is payable.	112498

(B) A corporation is subject to the tax imposed by section	112499
5733.06 of the Revised Code for each calendar year prior to 2014	112500
that it is so organized, doing business, owning or using a part or	112501
all of its capital or property, holding a certificate of	112502
compliance, or otherwise having nexus in or with this state under	112503
the Constitution of the United States, on the first day of January	112504
of that calendar year. No credit authorized by this chapter may be	112505
claimed for tax year 2014 or any tax year thereafter.	112506

(C) Any corporation subject to this chapter that is not	112507
subject to the federal income tax shall file its returns and	112508
compute its tax liability as required by this chapter in the same	112509
manner as if that corporation were subject to the federal income	112510
tax.	112511

(D) For purposes of this chapter, a federally chartered	112512
financial institution shall be deemed to be organized under the	112513
laws of the state within which its principal office is located.	112514

(E) For purposes of this chapter, any person, as defined in	112515
section 5701.01 of the Revised Code, shall be treated as a	112516
corporation if the person is classified for federal income tax	112517
purposes as an association taxable as a corporation, and an equity	112518
interest in the person shall be treated as capital stock of the	112519
person.	112520

(F) For the purposes of this chapter, "disregarded entity"	112521
has the same meaning as in division (D) of section 5745.01 of the	112522
Revised Code.	112523

(1) A person's interest in a disregarded entity, whether held	112524
directly or indirectly, shall be treated as the person's ownership	112525
of the assets and liabilities of the disregarded entity, and the	112526
income, including gain or loss, shall be included in the person's	112527
net income under this chapter.	112528

(2) Any sale, exchange, or other disposition of the person's	112529
interest in the disregarded entity, whether held directly or	112530
indirectly, shall be treated as a sale, exchange, or other	112531
disposition of the person's share of the disregarded entity's	112532
underlying assets or liabilities, and the gain or loss from such	112533
sale, exchange, or disposition shall be included in the person's	112534
net income under this chapter.	112535

(3) The disregarded entity's payroll, property, and sales	112536
factors shall be included in the person's factors.	112537

(G) The tax a corporation is required to pay under this	112538
chapter shall be as follows:	112539

(1)(a) For financial institutions, the greater of the minimum	112540
payment required under division (E) of section 5733.06 of the	112541
Revised Code or the difference between all taxes charged the	112542
financial institution under this chapter, without regard to	112543
division (G)(2) of this section, less any credits allowable	112544
against such tax.	112545

(b) A corporation satisfying the description in division	112546
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	112547
Code, as that section existed before its amendment by H.B. 510 of	112548
the 129th general assembly, that is not a financial institution,	112549
insurance company, or dealer in intangibles is subject to the	112550
taxes imposed under this chapter as a corporation and not subject	112551
to tax as a financial institution, and shall pay the greater of	112552
the minimum payment required under division (E) of section 5733.06	112553
of the Revised Code or the difference between all the taxes	112554
charged under this chapter, without regard to division (G)(2) of	112555
this section, less any credits allowable against such tax.	112556

(2) For all corporations other than those persons described	112557
in division (G)(1)(a) or (b) of this section, the amount under	112558
division (G)(2)(a) of this section applicable to the tax year	112559
specified less the amount under division (G)(2)(b) of this	112560
section:	112561

(a)(i) For tax year 2005, the greater of the minimum payment	112562
required under division (E) of section 5733.06 of the Revised Code	112563
or the difference between all taxes charged the corporation under	112564
this chapter and any credits allowable against such tax;	112565

(ii) For tax year 2006, the greater of the minimum payment	112566
required under division (E) of section 5733.06 of the Revised Code	112567
or four-fifths of the difference between all taxes charged the	112568
corporation under this chapter and any credits allowable against	112569
such tax, except the qualifying pass-through entity tax credit	112570
described in division (A)(30) and the refundable credits described	112571
in divisions (A)(31) to (35) of section 5733.98 of the Revised	112572
Code;	112573

(iii) For tax year 2007, the greater of the minimum payment	112574
required under division (E) of section 5733.06 of the Revised Code	112575
or three-fifths of the difference between all taxes charged the	112576
corporation under this chapter and any credits allowable against	112577
such tax, except the qualifying pass-through entity tax credit	112578
described in division (A)(30) and the refundable credits described	112579
in divisions (A)(31) to (35) of section 5733.98 of the Revised	112580
Code;	112581

(iv) For tax year 2008, the greater of the minimum payment	112582
required under division (E) of section 5733.06 of the Revised Code	112583
or two-fifths of the difference between all taxes charged the	112584
corporation under this chapter and any credits allowable against	112585
such tax, except the qualifying pass-through entity tax credit	112586
described in division (A)(30) and the refundable credits described	112587
in divisions (A)(31) to (35) of section 5733.98 of the Revised	112588
Code;	112589

(v) For tax year 2009, the greater of the minimum payment	112590
required under division (E) of section 5733.06 of the Revised Code	112591
or one-fifth of the difference between all taxes charged the	112592
corporation under this chapter and any credits allowable against	112593
such tax, except the qualifying pass-through entity tax credit	112594
described in division (A)(30) and the refundable credits described	112595
in divisions (A)(31), (32), (33), and (34) of section 5733.98 of	112596
the Revised Code;	112597

(vi) For tax year 2010 and each tax year thereafter, no tax.

112598

(b) A corporation shall subtract from the amount calculated	112599
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	112600
any qualifying pass-through entity tax credit described in	112601
division (A)(30) and any refundable credits described in divisions	112602
(A)(31) to (35) of section 5733.98 of the Revised Code to which	112603
the corporation is entitled. Any unused qualifying pass-through	112604
entity tax credit is not refundable.	112605

(c) For the purposes of computing the amount of a credit that	112606
may be carried forward to a subsequent tax year under division	112607
(G)(2) of this section, a credit is utilized against the tax for a	112608
tax year to the extent the credit applies against the tax for that	112609
tax year, even if the difference is then multiplied by the	112610
applicable fraction under division (G)(2)(a) of this section.	112611

(d) References in division (G)(2) of this section to section	112612
5733.98 of the Revised Code is to that section before its	112613
amendment by H.B. 59 of the 130th general assembly.	112614

(3) Nothing in division (G) of this section eliminates or	112615
reduces the tax imposed by section 5733.41 of the Revised Code on	112616
a qualifying pass-through entity.	112617

Sec. 5733.06. For tax years prior to tax year 2014, the tax	112618
hereby charged each corporation subject to this chapter shall be	112619
the greater of the sum of divisions (A) and (B) of this section,	112620
after the reduction, if any, provided by division (J) of this	112621
section, or division (C) of this section, after the reduction, if	112622
any, provided by division (J) of this section, except that the tax	112623
hereby charged each financial institution subject to this chapter	112624
shall be the amount computed under division (D) of this section:	112625

(A) Except as set forth in division (F) of this section, five	112626
and one-tenth per cent upon the first fifty thousand dollars of	112627
the value of the taxpayer's issued and outstanding shares of stock	112628
as determined under division (B) of section 5733.05 of the Revised	112629
Code;	112630

(B) Except as set forth in division (F) of this section,	112631
eight and one-half per cent upon the value so determined in excess	112632
of fifty thousand dollars; or	112633

(C)(1) Except as otherwise provided under division (G) of	112634
this section, four mills times that portion of the value of the	112635
issued and outstanding shares of stock as determined under	112636
division (C) of section 5733.05 of the Revised Code. For the	112637
purposes of division (C) of this section, division (C)(2) of	112638
section 5733.065, and division (C) of section 5733.066 of the	112639
Revised Code, the value of the issued and outstanding shares of	112640
stock of an eligible corporation for tax year 2003 through tax	112641
year 2007, or of a qualifying holding company, is zero.	112642

(2) As used in division (C) of this section, "eligible	112643
corporation" means a person treated as a corporation for federal	112644
income tax purposes that meets all of the following criteria:	112645

(a) The corporation conducts business for an entire taxable	112646
year as a qualified trade or business as defined by division (C)	112647
of section 122.15 of the Revised Code, as that section existed	112648
before its repeal by H.B. 59 of the 130th general assembly.	112649

(b) The corporation uses more than fifty per cent of the	112650
corporation's assets, based on net book value, that are located in	112651
Ohio solely to conduct activities that constitute a qualified	112652
trade or business as defined by section 122.15 of the Revised	112653
Code, as that section existed before its repeal by H.B. 59 of the	112654
130th general assembly.	112655

(c) The corporation has been formed or organized not more	112656
than three years before the report required to be filed by section	112657
5733.02 of the Revised Code is due, without regard to any	112658
extensions.	112659

(d) The corporation is not a related member, as defined in	112660
section 5733.042 of the Revised Code, at any time during the	112661
taxable year with respect to another person treated as a	112662
corporation for federal income tax purposes. A corporation is not	112663
a related member if during the entire taxable year at least	112664
seventy-five per cent of the corporation's stock is owned directly	112665
or through a pass-through entity by individuals, estates, and	112666
grantor trusts, and the individuals, estates, and grantor trusts	112667
do not directly or indirectly own more than twenty per cent of the	112668
value of another person treated as a corporation for federal	112669
income tax purposes that is conducting a qualified trade or	112670
business.	112671

(D) The tax charged each financial institution subject to	112672
this chapter shall be that portion of the value of the issued and	112673
outstanding shares of stock as determined under division (A) of	112674
section 5733.05 of the Revised Code, multiplied by the following	112675
amounts:	112676

(1) For tax years prior to the 1999 tax year, fifteen mills;

112677

(2) For the 1999 tax year, fourteen mills;

112678

(3) For tax year 2000 and thereafter, thirteen mills.

112679

(E) No tax shall be charged from any corporation that has	112680
been adjudicated bankrupt, or for which a receiver has been	112681
appointed, or that has made a general assignment for the benefit	112682
of creditors, except for the portion of the then current tax year	112683
during which the tax commissioner finds such corporation had the	112684
power to exercise its corporate franchise unimpaired by such	112685
proceedings or act. The minimum payment for each corporation shall	112686
be as follows:	112687

(1) One thousand dollars in the case of a corporation having	112688
gross receipts for the taxable year equal to at least five million	112689
dollars from activities within or outside this state or in the	112690
case of a corporation employing at least three hundred employees	112691
at some time during the taxable year within or outside this state;	112692

(2) Fifty dollars in the case of any other corporation.

112693

The tax charged to corporations under this chapter for the	112694
privilege of engaging in business in this state, which is an	112695
excise tax levied on the value of the issued and outstanding	112696
shares of stock, shall in no manner be construed as prohibiting or	112697
otherwise limiting the powers of municipal corporations, joint	112698
economic development zones created under section 715.691 of the	112699
Revised Code, and joint economic development districts created	112700
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	112701
Revised Code in this state to impose an income tax on the income	112702
of such corporations.	112703

(F) If two or more taxpayers satisfy the ownership or control	112704
requirements of division (A) of section 5733.052 of the Revised	112705
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	112706
amount" for "fifty thousand dollars" in divisions (A) and (B) of	112707
this section. For purposes of this division, "the taxpayer's	112708
pro-rata amount" is an amount that, when added to the other such	112709
taxpayers' pro-rata amounts, does not exceed fifty thousand	112710
dollars. For the purpose of making that computation, the	112711
taxpayer's pro-rata amount shall not be less than zero. Nothing in	112712
this division derogates from or eliminates the requirement to make	112713
the alternative computation of tax under division (C) of this	112714
section.	112715

(G) The tax liability of any corporation under division (C)	112716
of this section shall not exceed one hundred fifty thousand	112717
dollars.	112718

(H)(1) For the purposes of division (H) of this section,	112719
"exiting corporation" means a corporation that satisfies all of	112720
the following conditions:	112721

(a) The corporation had nexus with or in this state under the	112722
Constitution of the United States during any portion of a calendar	112723
year;	112724

(b) The corporation was not a corporation described in	112725
division (A) of section 5733.01 of the Revised Code on the first	112726
day of January immediately following that calendar year;	112727

(c) The corporation was not a financial institution on the	112728
first day of January immediately following that calendar year;	112729

(d) If the corporation was a transferor as defined in section	112730
5733.053 of the Revised Code, the corporation's transferee was not	112731
required to add to the transferee's net income the income of the	112732
transferor pursuant to division (B) of that section;	112733

(e) During any portion of that calendar year, or any portion	112734
of the immediately preceding calendar year, the corporation had	112735
net income that was not included in a report filed by the	112736
corporation or its transferee pursuant to section 5733.02,	112737
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	112738

(f) The corporation would have been subject to the tax	112739
computed under divisions (A), (B), (C), (F), and (G) of this	112740
section if the corporation is assumed to be a corporation	112741
described in division (A) of section 5733.01 of the Revised Code	112742
on the first day of January immediately following the calendar	112743
year to which division (H)(1)(a) of this section refers.	112744

(2) For the purposes of division (H) of this section,	112745
"unreported net income" means net income that was not previously	112746
included in a report filed pursuant to section 5733.02, 5733.021,	112747
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	112748
realized or recognized during the calendar year to which division	112749
(H)(1) of this section refers or the immediately preceding	112750
calendar year.	112751

(3) Each exiting corporation shall pay a tax computed by	112752
first allocating and apportioning the unreported net income	112753
pursuant to division (B) of section 5733.05 and section 5733.051	112754
and, if applicable, section 5733.052 of the Revised Code. The	112755
exiting corporation then shall compute the tax due on its	112756
unreported net income allocated and apportioned to this state by	112757
applying divisions (A), (B), and (F) of this section to that	112758
income.	112759

(4) Divisions (C) and (G) of this section, division (D)(2) of	112760
section 5733.065, and division (C) of section 5733.066 of the	112761
Revised Code do not apply to an exiting corporation, but exiting	112762
corporations are subject to every other provision of this chapter.	112763

(5) Notwithstanding division (B) of section 5733.01 or	112764
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	112765
contrary, each exiting corporation shall report and pay the tax	112766
due under division (H) of this section on or before the	112767
thirty-first day of May immediately following the calendar year to	112768
which division (H)(1)(a) of this section refers. The exiting	112769
corporation shall file that report on the form most recently	112770
prescribed by the tax commissioner for the purposes of complying	112771
with sections 5733.02 and 5733.03 of the Revised Code. Upon	112772
request by the corporation, the tax commissioner may extend the	112773
date for filing the report.	112774

(6) If, on account of the application of section 5733.053 of	112775
the Revised Code, net income is subject to the tax imposed by	112776
divisions (A) and (B) of this section, such income shall not be	112777
subject to the tax imposed by division (H)(3) of this section.	112778

(7) The amendments made to division (H) of this section by	112779
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	112780
any transfer, as defined in section 5733.053 of the Revised Code,	112781
for which negotiations began prior to January 1, 2001, and that	112782
was commenced in and completed during calendar year 2001, unless	112783
the taxpayer makes an election prior to December 31, 2001, to	112784
apply those amendments.	112785

(8) The tax commissioner may adopt rules governing division	112786
(H) of this section.	112787

(I) Any reference in the Revised Code to "the tax imposed by	112788
section 5733.06 of the Revised Code" or "the tax due under section	112789
5733.06 of the Revised Code" includes the taxes imposed under	112790
sections 5733.065 and 5733.066 of the Revised Code.	112791

(J)(1) Division (J) of this section applies solely to a	112792
combined company. Section 5733.057 of the Revised Code shall apply	112793
when calculating the adjustments required by division (J) of this	112794
section.	112795

(2) Subject to division (J)(4) of this section, the total tax	112796
calculated in divisions (A) and (B) of this section shall be	112797
reduced by an amount calculated by multiplying such tax by a	112798
fraction, the numerator of which is the total taxable gross	112799
receipts attributed to providing public utility activity other	112800
than as an electric company under section 5727.03 of the Revised	112801
Code for the year upon which the taxable gross receipts are	112802
measured immediately preceding the tax year, and the denominator	112803
of which is the total gross receipts from all sources for the year	112804
upon which the taxable gross receipts are measured immediately	112805
preceding the tax year. Nothing herein shall be construed to	112806
exclude from the denominator any item of income described in	112807
section 5733.051 of the Revised Code.	112808

(3) Subject to division (J)(4) of this section, the total tax	112809
calculated in division (C) of this section shall be reduced by an	112810
amount calculated by multiplying such tax by the fraction	112811
described in division (J)(2) of this section.	112812

(4) In no event shall the reduction provided by division	112813
(J)(2) or (J)(3) of this section exceed the amount of the excise	112814
tax paid in accordance with section 5727.38 of the Revised Code,	112815
for the year upon which the taxable gross receipts are measured	112816
immediately preceding the tax year.	112817

Sec. 5733.11. (A) If any corporation required to file a	112818
report under this chapter fails to file the report within the time	112819
prescribed, files an incorrect report, or fails to remit the full	112820
amount of the tax due for the period covered by the report, the	112821
tax commissioner may make an assessment against the corporation	112822
for any deficiency for the period for which the report or tax is	112823
due, based upon any information in the commissioner's possession.	112824

No assessment shall be made or issued against a corporation	112825
more than three years after the later of the final date the report	112826
subject to assessment was required to be filed or the date the	112827
report was filed. Such time limit may be extended if both the	112828
corporation and the commissioner consent in writing to the	112829
extension or if an agreement waiving or extending the time limit	112830
has been entered into pursuant to section 122.171 of the Revised	112831
Code. Any such extension shall extend the three-year time limit in	112832
division (B) of section 5733.12 of the Revised Code for the same	112833
period of time. There shall be no bar or limit to an assessment	112834
against a corporation that fails to file a report subject to	112835
assessment as required by this chapter, or that files a fraudulent	112836
report.	112837

The commissioner shall give the corporation assessed written	112838
notice of the assessment in the manner provided in section 5703.37	112839
of the Revised Code. With the notice, the commissioner shall	112840
provide instructions on how to petition for reassessment and	112841
request a hearing on the petition.	112842

(B) Unless the corporation assessed files with the tax	112843
commissioner within sixty days after service of the notice of	112844
assessment, either personally or by certified mail, a written	112845
petition for reassessment, signed by the ~~corporations~~	112846
corporation's authorized agent having knowledge of the facts,, the	112847
assessment becomes final, and the amount of the assessment is due	112848
and payable from the corporation assessed to the treasurer of	112849
state. The petition shall indicate the corporation's objections,	112850
but additional objections may be raised in writing if received by	112851
the commissioner prior to the date shown on the final	112852
determination. If the petition has been properly filed, the	112853
commissioner shall proceed under section 5703.60 of the Revised	112854
Code.	112855

(C) After an assessment becomes final, if any portion of the	112856
assessment remains unpaid, including accrued interest, a certified	112857
copy of the tax commissioner's entry making the assessment final	112858
may be filed in the office of the clerk of the court of common	112859
pleas in the county in which the corporation has an office or	112860
place of business in this state, the county in which the	112861
corporation's statutory agent is located, or Franklin county.	112862

Immediately upon the filing of the entry, the clerk shall	112863
enter a judgment against the corporation assessed in the amount	112864
shown on the entry. The judgment may be filed by the clerk in a	112865
loose-leaf book entitled "special judgments for state corporate	112866
franchise and litter taxes," and shall have the same effect as	112867
other judgments. Execution shall issue upon the judgment upon the	112868
request of the tax commissioner, and all laws applicable to sales	112869
on execution shall apply to sales made under the judgment.	112870

~~The portion of an~~If the assessment is not paid within sixty	112871
days after the day the assessment was issued, the portion of the	112872
assessment consisting of tax due shall bear interest at the rate	112873
per annum prescribed by section 5703.47 of the Revised Code from	112874
the day the tax commissioner issues the assessment until the	112875
assessment is paid or until it is certified to the attorney	112876
general for collection under section 131.02 of the Revised Code,	112877
whichever comes first. If the unpaid portion of the assessment is	112878
certified to the attorney general for collection, the entire	112879
unpaid portion of the assessment shall bear interest at the rate	112880
per annum prescribed by section 5703.47 of the Revised Code from	112881
the date of certification until the date it is paid in its	112882
entirety. Interest shall be paid in the same manner as the tax and	112883
may be collected by issuing an assessment under this section.	112884

(D) All money collected under this section shall be	112885
considered as revenue arising from the taxes imposed by this	112886
chapter.	112887

(E) The portion of an assessment that must be paid upon the	112888
filing of a petition for reassessment shall be as follows:	112889

(1) If the sole item objected to is the assessed penalty or	112890
interest, payment of the assessment, including interest but not	112891
penalty, is required;	112892

(2) If the corporation assessed failed to file, prior to the	112893
date of issuance of the assessment, the annual report required by	112894
section 5733.02 of the Revised Code, any amended report required	112895
by division (C) of section 5733.031 of the Revised Code for the	112896
tax year at issue, or any amended report required by division (D)	112897
of section 5733.067 of the Revised Code to indicate a reduction in	112898
the amount of the credit provided under that section, payment of	112899
the assessment, including interest but not penalty, is required;	112900

(3) If the corporation assessed filed, prior to the date of	112901
issuance of the assessment, the annual report required by section	112902
5733.02 of the Revised Code, all amended reports required by	112903
division (C) of section 5733.031 of the Revised Code for the tax	112904
year at issue, and all amended reports required by division (D) of	112905
section 5733.067 of the Revised Code to indicate a reduction in	112906
the amount of the credit provided under that section, and a	112907
balance of the taxes shown due on the reports as computed on the	112908
reports remains unpaid, payment of only that portion of the	112909
assessment representing the unpaid balance of tax and interest is	112910
required;	112911

(4) If the corporation assessed does not dispute that it is a	112912
taxpayer but claims the protections of section 101 of Public Law	112913
86-272, 73 Stat. 555, 15 U.S.C.A. 381, as amended, payment of only	112914
that portion of the assessment representing any balance of taxes	112915
shown due on the corporation's annual report required by section	112916
5733.02 of the Revised Code, as computed on the report, that	112917
remains unpaid, and that represents taxes imposed by division (C)	112918
of section 5733.06, division (C)(2) of section 5733.065, and	112919
division (C) of section 5733.066 of the Revised Code, together	112920
with all related interest, is required;	112921

(5) If none of the conditions specified in divisions (E)(1)	112922
to (4) of this section apply, or if the corporation assessed	112923
disputes that it is a taxpayer, no payment is required.	112924

(F) Notwithstanding the fact that a petition for reassessment	112925
is pending, the corporation may pay all or a portion of the	112926
assessment that is the subject of the petition. The acceptance of	112927
a payment by the treasurer of state does not prejudice any claim	112928
for refund upon final determination of the petition.	112929

If upon final determination of the petition an error in the	112930
assessment is corrected by the tax commissioner, upon petition so	112931
filed or pursuant to a decision of the board of tax appeals or any	112932
court to which the determination or decision has been appealed, so	112933
that the amount due from the corporation under the corrected	112934
assessment is less than the portion paid, there shall be issued to	112935
the corporation, its assigns, or legal representative a refund in	112936
the amount of the overpayment as provided by section 5733.12 of	112937
the Revised Code, with interest on that amount as provided by	112938
section 5733.26 of the Revised Code, subject to section 5733.121	112939
of the Revised Code.	112940

Sec. 5733.98. (A) To provide a uniform procedure for	112941
calculating the amount of tax imposed by section 5733.06 of the	112942
Revised Code that is due under this chapter, a taxpayer shall	112943
claim any credits to which it is entitled in the following order,	112944
except as otherwise provided in section 5733.058 of the Revised	112945
Code:	112946

(1) For tax year 2005, the credit for taxes paid by a	112947
qualifying pass-through entity allowed under section 5733.0611 of	112948
the Revised Code;	112949

(2) The credit allowed for financial institutions under	112950
section 5733.45 of the Revised Code;	112951

(3) The credit for qualifying affiliated groups under section	112952
5733.068 of the Revised Code;	112953

(4) The subsidiary corporation credit under section 5733.067	112954
of the Revised Code;	112955

(5) The savings and loan assessment credit under section	112956
5733.063 of the Revised Code;	112957

(6) The credit for recycling and litter prevention donations	112958
under section 5733.064 of the Revised Code;	112959

(7) The credit for employers that enter into agreements with	112960
child day-care centers under section 5733.36 of the Revised Code;	112961

(8) The credit for employers that reimburse employee child	112962
care expenses under section 5733.38 of the Revised Code;	112963

(9) The credit for maintaining railroad active grade crossing	112964
warning devices under section 5733.43 of the Revised Code;	112965

(10) The credit for purchases of lights and reflectors under	112966
section 5733.44 of the Revised Code;	112967

(11) The nonrefundable job retention credit under division	112968
(B) of section 5733.0610 of the Revised Code;	112969

(12) The credit for tax years 2008 and 2009 for selling	112970
alternative fuel under section 5733.48 of the Revised Code;	112971

(13) The second credit for purchases of new manufacturing	112972
machinery and equipment under section 5733.33 of the Revised Code;	112973

(14) The job training credit under section 5733.42 of the	112974
Revised Code;	112975

(15) The credit for qualified research expenses under section	112976
5733.351 of the Revised Code;	112977

(16) The enterprise zone credit under section 5709.66 of the	112978
Revised Code;	112979

(17) The credit for the eligible costs associated with a	112980
voluntary action under section 5733.34 of the Revised Code;	112981

(18) The credit for employers that establish on-site child	112982
day-care centers under section 5733.37 of the Revised Code;	112983

(19) The ethanol plant investment credit under section	112984
5733.46 of the Revised Code;	112985

(20) The credit for purchases of qualifying grape production	112986
property under section 5733.32 of the Revised Code;	112987

(21) The export sales credit under section 5733.069 of the	112988
Revised Code;	112989

(22) ~~The credit for research and development and technology~~	112990
~~transfer investors under section 5733.35 of the Revised Code;~~	112991

~~(23)~~ The enterprise zone credits under section 5709.65 of the	112992
Revised Code;	112993

~~(24)~~(23) The credit for using Ohio coal under section 5733.39	112994
of the Revised Code;	112995

~~(25)~~(24) The credit for purchases of qualified low-income	112996
community investments under section 5733.58 of the Revised Code;	112997

~~(26)~~(25) The credit for small telephone companies under	112998
section 5733.57 of the Revised Code;	112999

~~(27)~~(26) The credit for eligible nonrecurring 9-1-1 charges	113000
under section 5733.55 of the Revised Code;	113001

~~(28)~~(27) For tax year 2005, the credit for providing programs	113002
to aid the communicatively impaired under division (A) of section	113003
5733.56 of the Revised Code;	113004

~~(29)~~(28) The research and development credit under section	113005
5733.352 of the Revised Code;	113006

~~(30)~~(29) For tax years 2006 and subsequent tax years, the	113007
credit for taxes paid by a qualifying pass-through entity allowed	113008
under section 5733.0611 of the Revised Code;	113009

~~(31)~~(30) The refundable credit for rehabilitating a historic	113010
building under section 5733.47 of the Revised Code;	113011

~~(32)~~(31) The refundable jobs creation credit or job retention	113012
credit under division (A) of section 5733.0610 of the Revised	113013
Code;	113014

~~(33)~~(32) The refundable credit for tax withheld under	113015
division (B)(2) of section 5747.062 of the Revised Code;	113016

~~(34)~~(33) The refundable credit under section 5733.49 of the	113017
Revised Code for losses on loans made to the Ohio venture capital	113018
program under sections 150.01 to 150.10 of the Revised Code;	113019

~~(35)~~(34) For tax years 2006, 2007, and 2008, the refundable	113020
credit allowable under division (B) of section 5733.56 of the	113021
Revised Code;	113022

~~(36)~~(35) The refundable motion picture production credit	113023
under section 5733.59 of the Revised Code.	113024

(B) For any credit except the refundable credits enumerated	113025
in this section, the amount of the credit for a tax year shall not	113026
exceed the tax due after allowing for any other credit that	113027
precedes it in the order required under this section. Any excess	113028
amount of a particular credit may be carried forward if authorized	113029
under the section creating that credit.	113030

Sec. 5735.012. ~~Amounts~~With respect to liquid motor fuel	113031
other than liquid natural gas, amounts of motor fuel reported	113032
under this chapter shall be measured in gross gallons, except that	113033
amounts reported for terminal to terminal transactions shall be	113034
measured in net gallons and amounts reported for terminal to Ohio	113035
licensed dealer transactions shall be measured in both net gallons	113036
and gross gallons. Amounts of liquid natural gas shall be measured	113037
in gallon equivalents as described in section 5735.013 of the	113038
Revised Code.	113039

Sec. 5735.013. For the purposes of this chapter, if the	113040
national conference on weights and measures has adopted a diesel	113041
gallon equivalent standard for liquid natural gas, that standard	113042
shall be the equivalent of one gallon of motor fuel. If the	113043
national conference on weights and measures has not adopted such a	113044
standard, six and six one-hundredths pounds of liquid natural gas	113045
shall be the equivalent of one gallon of motor fuel.	113046

Sec. 5735.12. (A) Any motor fuel dealer required by this	113047
chapter to file reports and pay the tax levied by this chapter who	113048
fails to file the report within the time prescribed, may be liable	113049
for an additional charge not exceeding the greater of ten per cent	113050
of the motor fuel dealer's tax liability for that month or fifty	113051
dollars. The tax commissioner may remit all or a portion of the	113052
additional charge and may adopt rules relating to the remission of	113053
all or a portion of the charge.	113054

If any person required by this chapter to file reports and	113055
pay the taxes, interest, or additional charge levied by this	113056
chapter fails to file the report, files an incomplete or incorrect	113057
report, or fails to remit the full amount of the tax, interest, or	113058
additional charge due for the period covered by the report, the	113059
commissioner may make an assessment against the person based upon	113060
any information in the commissioner's possession.	113061

No assessment shall be made against any motor fuel dealer for	113062
taxes imposed by this chapter more than four years after the date	113063
on which the report on which the assessment was based was due or	113064
was filed, whichever is later. This section does not bar an	113065
assessment against any motor fuel dealer who fails to file a	113066
report required by section 5735.06 of the Revised Code, or who	113067
files a fraudulent motor fuel tax report.	113068

A penalty of up to fifteen per cent may be added to the	113069
amount of every assessment made under this section. The	113070
commissioner may adopt rules providing for the imposition and	113071
remission of penalties added to assessments made under this	113072
section.	113073

The commissioner shall give the party assessed written notice	113074
of the assessment in the manner provided in section 5703.37 of the	113075
Revised Code. With the notice, the commissioner shall provide	113076
instructions on how to petition for reassessment and request a	113077
hearing on the petition.	113078

(B) Unless the party assessed files with the tax commissioner	113079
within sixty days after service of the notice of assessment,	113080
either personally or by certified mail, a written petition for	113081
reassessment in writing, signed by the party assessed or that	113082
party's authorized agent having knowledge of the facts, the	113083
assessment becomes final and the amount of the assessment is due	113084
and payable from the party assessed to the treasurer of state. The	113085
petition shall indicate the objections of the party assessed, but	113086
additional objections may be raised in writing if received by the	113087
commissioner prior to the date shown on the final determination.	113088
If the petition has been properly filed, the commissioner shall	113089
proceed under section 5703.60 of the Revised Code.	113090

(C) After an assessment becomes final, if any portion of the	113091
assessment remains unpaid, including accrued interest, a certified	113092
copy of the tax commissioner's entry making the assessment final	113093
may be filed in the office of the clerk of the court of common	113094
pleas in the county in which the party assessed resides or in	113095
which the business of the party assessed is conducted. If the	113096
party assessed maintains no place of business in this state and is	113097
not a resident of this state, the certified copy of the entry may	113098
be filed in the office of the clerk of the court of common pleas	113099
of Franklin county.	113100

Immediately upon the filing of the entry, the clerk shall	113101
enter a judgment for the state against the party assessed in the	113102
amount shown on the entry. The judgment may be filed by the clerk	113103
in a loose-leaf book entitled "special judgments for state motor	113104
fuel tax," and shall have the same effect as other judgments.	113105
Execution shall issue upon the judgment upon the request of the	113106
tax commissioner, and all laws applicable to sales on execution	113107
shall apply to sales made under the judgment.	113108

~~The portion of~~If the assessment is not paid in its entirety	113109
within sixty days after the day the assessment was issued, the	113110
portion of the assessment consisting of tax due shall bear	113111
interest at the rate per annum prescribed by section 5703.47 of	113112
the Revised Code from the day the commissioner issues the	113113
assessment until it is paid or until it is certified to the	113114
attorney general for collection under section 131.02 of the	113115
Revised Code, whichever comes first. If the unpaid portion of the	113116
assessment is certified to the attorney general for collection,	113117
the entire unpaid portion of the assessment shall bear interest at	113118
the rate per annum prescribed by section 5703.47 of the Revised	113119
Code from the date of certification until the date it is paid in	113120
its entirety. Interest shall be paid in the same manner as the tax	113121
and may be collected by the issuance of an assessment under this	113122
section.	113123

(D) All money collected by the tax commissioner under this	113124
section shall be paid to the treasurer of state, and when paid	113125
shall be considered as revenue arising from the tax imposed by	113126
this chapter.	113127

(E) If the tax commissioner determines that the commissioner	113128
has erroneously refunded motor fuel tax to any person, the	113129
commissioner may make an assessment against the person for	113130
recovery of the erroneously refunded tax.	113131

Sec. 5735.34. (A) If any motor fuel dealer sells that motor	113132
fuel dealer's entire business or discontinues operating that	113133
business, the taxes and any interest and penalties imposed under	113134
this chapter that arose prior to the date of sale or	113135
discontinuation become due and payable immediately. ~~The~~Within	113136
fifteen days after the date of the sale or discontinuation of the	113137
business, the motor fuel dealer shall make a final return ~~within~~	113138
~~fifteen days after the date of the sale or discontinuation of the~~	113139
~~business~~and provide written notification to the tax commissioner	113140
of the sale or discontinuation and the name and contact	113141
information of the purchaser, if applicable. The purchaser of the	113142
business shall withhold a sufficient amount of the purchase money	113143
to cover the amount of such taxes, interest, and penalties due and	113144
unpaid until the seller produces a receipt from the tax	113145
commissioner showing that the taxes, interest, and penalties have	113146
been paid, or until the seller produces a certificate indicating	113147
that no taxes, interest, and penalties are due.	113148

(B) If the purchaser of the business fails to withhold the	113149
purchase money required to be withheld under this section, the	113150
purchaser of the business is personally liable for the payment of	113151
the taxes, interest, and penalties accrued and unpaid during the	113152
operation of the business by the seller, but only to the extent of	113153
the consideration offered for the entire business.	113154

(C) For purposes of this section, "entire business" means	113155
substantially all of the seller's assets determined without regard	113156
to any then existing mortgages, liens, security interests or other	113157
encumbrances attaching to those assets. A person is considered to	113158
have sold the entire business only if the person ceases to qualify	113159
as a motor fuel dealer and has relinquished or the tax	113160
commissioner has canceled the person's motor fuel dealer's	113161
license.	113162

Sec. 5739.01. As used in this chapter:

113163

(A) "Person" includes individuals, receivers, assignees,	113164
trustees in bankruptcy, estates, firms, partnerships,	113165
associations, joint-stock companies, joint ventures, clubs,	113166
societies, corporations, the state and its political subdivisions,	113167
and combinations of individuals of any form.	113168

(B) "Sale" and "selling" include all of the following	113169
transactions for a consideration in any manner, whether absolutely	113170
or conditionally, whether for a price or rental, in money or by	113171
exchange, and by any means whatsoever:	113172

(1) All transactions by which title or possession, or both,	113173
of tangible personal property, is or is to be transferred, or a	113174
license to use or consume tangible personal property is or is to	113175
be granted;	113176

(2) All transactions by which lodging by a hotel is or is to	113177
be furnished to transient guests;	113178

(3) All transactions by which:

113179

(a) An item of tangible personal property is or is to be	113180
repaired, except property, the purchase of which would not be	113181
subject to the tax imposed by section 5739.02 of the Revised Code;	113182

(b) An item of tangible personal property is or is to be	113183
installed, except property, the purchase of which would not be	113184
subject to the tax imposed by section 5739.02 of the Revised Code	113185
or property that is or is to be incorporated into and will become	113186
a part of a production, transmission, transportation, or	113187
distribution system for the delivery of a public utility service;	113188

(c) The service of washing, cleaning, waxing, polishing, or	113189
painting a motor vehicle is or is to be furnished;	113190

(d) Until August 1, 2003, industrial laundry cleaning	113191
services are or are to be provided and, on and after August 1,	113192
2003, laundry and dry cleaning services are or are to be provided;	113193

(e) Automatic data processing, computer services, or	113194
electronic information services are or are to be provided for use	113195
in business when the true object of the transaction is the receipt	113196
by the consumer of automatic data processing, computer services,	113197
or electronic information services rather than the receipt of	113198
personal or professional services to which automatic data	113199
processing, computer services, or electronic information services	113200
are incidental or supplemental. Notwithstanding any other	113201
provision of this chapter, such transactions that occur between	113202
members of an affiliated group are not sales. An "affiliated	113203
group" means two or more persons related in such a way that one	113204
person owns or controls the business operation of another member	113205
of the group. In the case of corporations with stock, one	113206
corporation owns or controls another if it owns more than fifty	113207
per cent of the other corporation's common stock with voting	113208
rights.	113209

(f) Telecommunications service, including prepaid calling	113210
service, prepaid wireless calling service, or ancillary service,	113211
is or is to be provided, but not including coin-operated telephone	113212
service;	113213

(g) Landscaping and lawn care service is or is to be	113214
provided;	113215

(h) Private investigation and security service is or is to be	113216
provided;	113217

(i) Information services or tangible personal property is	113218
provided or ordered by means of a nine hundred telephone call;	113219

(j) Building maintenance and janitorial service is or is to	113220
be provided;	113221

(k) Employment service is or is to be provided;

113222

(l) Employment placement service is or is to be provided;

113223

(m) Exterminating service is or is to be provided;

113224

(n) Physical fitness facility service is or is to be	113225
provided;	113226

(o) Recreation and sports club service is or is to be	113227
provided;	113228

(p) On and after August 1, 2003, satellite broadcasting	113229
service is or is to be provided;	113230

(q) On and after August 1, 2003, personal care service is or	113231
is to be provided to an individual. As used in this division,	113232
"personal care service" includes skin care, the application of	113233
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	113234
piercing, tanning, massage, and other similar services. "Personal	113235
care service" does not include a service provided by or on the	113236
order of a licensed physician or licensed chiropractor, or the	113237
cutting, coloring, or styling of an individual's hair.	113238

(r) On and after August 1, 2003, the transportation of	113239
persons by motor vehicle or aircraft is or is to be provided, when	113240
the transportation is entirely within this state, except for	113241
transportation provided by an ambulance service, by a transit bus,	113242
as defined in section 5735.01 of the Revised Code, and	113243
transportation provided by a citizen of the United States holding	113244
a certificate of public convenience and necessity issued under 49	113245
U.S.C. 41102;	113246

(s) On and after August 1, 2003, motor vehicle towing service	113247
is or is to be provided. As used in this division, "motor vehicle	113248
towing service" means the towing or conveyance of a wrecked,	113249
disabled, or illegally parked motor vehicle.	113250

(t) On and after August 1, 2003, snow removal service is or	113251
is to be provided. As used in this division, "snow removal	113252
service" means the removal of snow by any mechanized means, but	113253
does not include the providing of such service by a person that	113254
has less than five thousand dollars in sales of such service	113255
during the calendar year.	113256

(u) Electronic publishing service is or is to be provided to	113257
a consumer for use in business, except that such transactions	113258
occurring between members of an affiliated group, as defined in	113259
division (B)(3)(e) of this section, are not sales.	113260

(4) All transactions by which printed, imprinted,	113261
overprinted, lithographic, multilithic, blueprinted, photostatic,	113262
or other productions or reproductions of written or graphic matter	113263
are or are to be furnished or transferred;	113264

(5) The production or fabrication of tangible personal	113265
property for a consideration for consumers who furnish either	113266
directly or indirectly the materials used in the production of	113267
fabrication work; and include the furnishing, preparing, or	113268
serving for a consideration of any tangible personal property	113269
consumed on the premises of the person furnishing, preparing, or	113270
serving such tangible personal property. Except as provided in	113271
section 5739.03 of the Revised Code, a construction contract	113272
pursuant to which tangible personal property is or is to be	113273
incorporated into a structure or improvement on and becoming a	113274
part of real property is not a sale of such tangible personal	113275
property. The construction contractor is the consumer of such	113276
tangible personal property, provided that the sale and	113277
installation of carpeting, the sale and installation of	113278
agricultural land tile, the sale and erection or installation of	113279
portable grain bins, or the provision of landscaping and lawn care	113280
service and the transfer of property as part of such service is	113281
never a construction contract.	113282

As used in division (B)(5) of this section:

113283

(a) "Agricultural land tile" means fired clay or concrete	113284
tile, or flexible or rigid perforated plastic pipe or tubing,	113285
incorporated or to be incorporated into a subsurface drainage	113286
system appurtenant to land used or to be used primarily in	113287
production by farming, agriculture, horticulture, or floriculture.	113288
The term does not include such materials when they are or are to	113289
be incorporated into a drainage system appurtenant to a building	113290
or structure even if the building or structure is used or to be	113291
used in such production.	113292

(b) "Portable grain bin" means a structure that is used or to	113293
be used by a person engaged in farming or agriculture to shelter	113294
the person's grain and that is designed to be disassembled without	113295
significant damage to its component parts.	113296

(6) All transactions in which all of the shares of stock of a	113297
closely held corporation are transferred, or an ownership interest	113298
in a pass-through entity, as defined in section 5733.04 of the	113299
Revised Code, is transferred, if the corporation or pass-through	113300
entity is not engaging in business and its entire assets consist	113301
of boats, planes, motor vehicles, or other tangible personal	113302
property operated primarily for the use and enjoyment of the	113303
shareholders or owners;	113304

(7) All transactions in which a warranty, maintenance or	113305
service contract, or similar agreement by which the vendor of the	113306
warranty, contract, or agreement agrees to repair or maintain the	113307
tangible personal property of the consumer is or is to be	113308
provided;	113309

(8) The transfer of copyrighted motion picture films used	113310
solely for advertising purposes, except that the transfer of such	113311
films for exhibition purposes is not a sale;	113312

(9) On and after August 1, 2003, all transactions by which	113313
tangible personal property is or is to be stored, except such	113314
property that the consumer of the storage holds for sale in the	113315
regular course of business;	113316

(10) All transactions in which "guaranteed auto protection"	113317
is provided whereby a person promises to pay to the consumer the	113318
difference between the amount the consumer receives from motor	113319
vehicle insurance and the amount the consumer owes to a person	113320
holding title to or a lien on the consumer's motor vehicle in the	113321
event the consumer's motor vehicle suffers a total loss under the	113322
terms of the motor vehicle insurance policy or is stolen and not	113323
recovered, if the protection and its price are included in the	113324
purchase or lease agreement;	113325

(11)(a) Except as provided in division (B)(11)(b) of this	113326
section, on and after October 1, 2009, all transactions by which	113327
health care services are paid for, reimbursed, provided,	113328
delivered, arranged for, or otherwise made available by a medicaid	113329
health insuring corporation pursuant to the corporation's contract	113330
with the state.	113331

(b) If the centers for medicare and medicaid services of the	113332
United States department of health and human services determines	113333
that the taxation of transactions described in division (B)(11)(a)	113334
of this section constitutes an impermissible health care-related	113335
tax under ~~section 1903(w) of~~ the "Social Security Act," ~~49 Stat.~~	113336
~~620 (1935)~~section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ and	113337
regulations adopted thereunder, the medicaid director ~~of job and~~	113338
~~family services~~ shall notify the tax commissioner of that	113339
determination. Beginning with the first day of the month following	113340
that notification, the transactions described in division	113341
(B)(11)(a) of this section are not sales for the purposes of this	113342
chapter or Chapter 5741. of the Revised Code. The tax commissioner	113343
shall order that the collection of taxes under sections 5739.02,	113344
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	113345
5741.023 of the Revised Code shall cease for transactions	113346
occurring on or after that date.	113347

Except as provided in this section, "sale" and "selling" do	113348
not include transfers of interest in leased property where the	113349
original lessee and the terms of the original lease agreement	113350
remain unchanged, or professional, insurance, or personal service	113351
transactions that involve the transfer of tangible personal	113352
property as an inconsequential element, for which no separate	113353
charges are made.	113354

(C) "Vendor" means the person providing the service or by	113355
whom the transfer effected or license given by a sale is or is to	113356
be made or given and, for sales described in division (B)(3)(i) of	113357
this section, the telecommunications service vendor that provides	113358
the nine hundred telephone service; if two or more persons are	113359
engaged in business at the same place of business under a single	113360
trade name in which all collections on account of sales by each	113361
are made, such persons shall constitute a single vendor.	113362

Physicians, dentists, hospitals, and veterinarians who are	113363
engaged in selling tangible personal property as received from	113364
others, such as eyeglasses, mouthwashes, dentifrices, or similar	113365
articles, are vendors. Veterinarians who are engaged in	113366
transferring to others for a consideration drugs, the dispensing	113367
of which does not require an order of a licensed veterinarian or	113368
physician under federal law, are vendors.	113369

(D)(1) "Consumer" means the person for whom the service is	113370
provided, to whom the transfer effected or license given by a sale	113371
is or is to be made or given, to whom the service described in	113372
division (B)(3)(f) or (i) of this section is charged, or to whom	113373
the admission is granted.	113374

(2) Physicians, dentists, hospitals, and blood banks operated	113375
by nonprofit institutions and persons licensed to practice	113376
veterinary medicine, surgery, and dentistry are consumers of all	113377
tangible personal property and services purchased by them in	113378
connection with the practice of medicine, dentistry, the rendition	113379
of hospital or blood bank service, or the practice of veterinary	113380
medicine, surgery, and dentistry. In addition to being consumers	113381
of drugs administered by them or by their assistants according to	113382
their direction, veterinarians also are consumers of drugs that	113383
under federal law may be dispensed only by or upon the order of a	113384
licensed veterinarian or physician, when transferred by them to	113385
others for a consideration to provide treatment to animals as	113386
directed by the veterinarian.	113387

(3) A person who performs a facility management, or similar	113388
service contract for a contractee is a consumer of all tangible	113389
personal property and services purchased for use in connection	113390
with the performance of such contract, regardless of whether title	113391
to any such property vests in the contractee. The purchase of such	113392
property and services is not subject to the exception for resale	113393
under division (E)(1) of this section.	113394

(4)(a) In the case of a person who purchases printed matter	113395
for the purpose of distributing it or having it distributed to the	113396
public or to a designated segment of the public, free of charge,	113397
that person is the consumer of that printed matter, and the	113398
purchase of that printed matter for that purpose is a sale.	113399

(b) In the case of a person who produces, rather than	113400
purchases, printed matter for the purpose of distributing it or	113401
having it distributed to the public or to a designated segment of	113402
the public, free of charge, that person is the consumer of all	113403
tangible personal property and services purchased for use or	113404
consumption in the production of that printed matter. That person	113405
is not entitled to claim exemption under division (B)(42)(f) of	113406
section 5739.02 of the Revised Code for any material incorporated	113407
into the printed matter or any equipment, supplies, or services	113408
primarily used to produce the printed matter.	113409

(c) The distribution of printed matter to the public or to a	113410
designated segment of the public, free of charge, is not a sale to	113411
the members of the public to whom the printed matter is	113412
distributed or to any persons who purchase space in the printed	113413
matter for advertising or other purposes.	113414

(5) A person who makes sales of any of the services listed in	113415
division (B)(3) of this section is the consumer of any tangible	113416
personal property used in performing the service. The purchase of	113417
that property is not subject to the resale exception under	113418
division (E)(1) of this section.	113419

(6) A person who engages in highway transportation for hire	113420
is the consumer of all packaging materials purchased by that	113421
person and used in performing the service, except for packaging	113422
materials sold by such person in a transaction separate from the	113423
service.	113424

(7) In the case of a transaction for health care services	113425
under division (B)(11) of this section, a medicaid health insuring	113426
corporation is the consumer of such services. The purchase of such	113427
services by a medicaid health insuring corporation is not subject	113428
to the exception for resale under division (E)(1) of this section	113429
or to the exemptions provided under divisions (B)(12), (18), (19),	113430
and (22) of section 5739.02 of the Revised Code.	113431

(E) "Retail sale" and "sales at retail" include all sales,	113432
except those in which the purpose of the consumer is to resell the	113433
thing transferred or benefit of the service provided, by a person	113434
engaging in business, in the form in which the same is, or is to	113435
be, received by the person.	113436

(F) "Business" includes any activity engaged in by any person	113437
with the object of gain, benefit, or advantage, either direct or	113438
indirect. "Business" does not include the activity of a person in	113439
managing and investing the person's own funds.	113440

(G) "Engaging in business" means commencing, conducting, or	113441
continuing in business, and liquidating a business when the	113442
liquidator thereof holds itself out to the public as conducting	113443
such business. Making a casual sale is not engaging in business.	113444

(H)(1)(a) "Price," except as provided in divisions (H)(2),	113445
(3), and (4) of this section, means the total amount of	113446
consideration, including cash, credit, property, and services, for	113447
which tangible personal property or services are sold, leased, or	113448
rented, valued in money, whether received in money or otherwise,	113449
without any deduction for any of the following:	113450

(i) The vendor's cost of the property sold;

113451

(ii) The cost of materials used, labor or service costs,	113452
interest, losses, all costs of transportation to the vendor, all	113453
taxes imposed on the vendor, including the tax imposed under	113454
Chapter 5751. of the Revised Code, and any other expense of the	113455
vendor;	113456

(iii) Charges by the vendor for any services necessary to	113457
complete the sale;	113458

(iv) On and after August 1, 2003, delivery charges. As used	113459
in this division, "delivery charges" means charges by the vendor	113460
for preparation and delivery to a location designated by the	113461
consumer of tangible personal property or a service, including	113462
transportation, shipping, postage, handling, crating, and packing.	113463

(v) Installation charges;

113464

(vi) Credit for any trade-in.

113465

(b) "Price" includes consideration received by the vendor	113466
from a third party, if the vendor actually receives the	113467
consideration from a party other than the consumer, and the	113468
consideration is directly related to a price reduction or discount	113469
on the sale; the vendor has an obligation to pass the price	113470
reduction or discount through to the consumer; the amount of the	113471
consideration attributable to the sale is fixed and determinable	113472
by the vendor at the time of the sale of the item to the consumer;	113473
and one of the following criteria is met:	113474

(i) The consumer presents a coupon, certificate, or other	113475
document to the vendor to claim a price reduction or discount	113476
where the coupon, certificate, or document is authorized,	113477
distributed, or granted by a third party with the understanding	113478
that the third party will reimburse any vendor to whom the coupon,	113479
certificate, or document is presented;	113480

(ii) The consumer identifies the consumer's self to the	113481
seller as a member of a group or organization entitled to a price	113482
reduction or discount. A preferred customer card that is available	113483
to any patron does not constitute membership in such a group or	113484
organization.	113485

(iii) The price reduction or discount is identified as a	113486
third party price reduction or discount on the invoice received by	113487
the consumer, or on a coupon, certificate, or other document	113488
presented by the consumer.	113489

113490

(i) Discounts, including cash, term, or coupons that are not	113491
reimbursed by a third party that are allowed by a vendor and taken	113492
by a consumer on a sale;	113493

(ii) Interest, financing, and carrying charges from credit	113494
extended on the sale of tangible personal property or services, if	113495
the amount is separately stated on the invoice, bill of sale, or	113496
similar document given to the purchaser;	113497

(iii) Any taxes legally imposed directly on the consumer that	113498
are separately stated on the invoice, bill of sale, or similar	113499
document given to the consumer. For the purpose of this division,	113500
the tax imposed under Chapter 5751. of the Revised Code is not a	113501
tax directly on the consumer, even if the tax or a portion thereof	113502
is separately stated.	113503

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	113504
section, any discount allowed by an automobile manufacturer to its	113505
employee, or to the employee of a supplier, on the purchase of a	113506
new motor vehicle from a new motor vehicle dealer in this state.	113507

(v) The dollar value of a gift card that is not sold by a	113508
vendor or purchased by a consumer and that is redeemed by the	113509
consumer in purchasing tangible personal property or services if	113510
the vendor is not reimbursed and does not receive compensation	113511
from a third party to cover all or part of the gift card value.	113512
For the purposes of this division, a gift card is not sold by a	113513
vendor or purchased by a consumer if it is distributed pursuant to	113514
an awards, loyalty, or promotional program. Past and present	113515
purchases of tangible personal property or services by the	113516
consumer shall not be treated as consideration exchanged for a	113517
gift card.	113518

(2) In the case of a sale of any new motor vehicle by a new	113519
motor vehicle dealer, as defined in section 4517.01 of the Revised	113520
Code, in which another motor vehicle is accepted by the dealer as	113521
part of the consideration received, "price" has the same meaning	113522
as in division (H)(1) of this section, reduced by the credit	113523
afforded the consumer by the dealer for the motor vehicle received	113524
in trade.	113525

(3) In the case of a sale of any watercraft or outboard motor	113526
by a watercraft dealer licensed in accordance with section	113527
1547.543 of the Revised Code, in which another watercraft,	113528
watercraft and trailer, or outboard motor is accepted by the	113529
dealer as part of the consideration received, "price" has the same	113530
meaning as in division (H)(1) of this section, reduced by the	113531
credit afforded the consumer by the dealer for the watercraft,	113532
watercraft and trailer, or outboard motor received in trade. As	113533
used in this division, "watercraft" includes an outdrive unit	113534
attached to the watercraft.	113535

(4) In the case of transactions for health care services	113536
under division (B)(11) of this section, "price" means the amount	113537
of managed care premiums received each month by a medicaid health	113538
insuring corporation.	113539

(I) "Receipts" means the total amount of the prices of the	113540
sales of vendors, provided that the dollar value of gift cards	113541
distributed pursuant to an awards, loyalty, or promotional	113542
program, and cash discounts allowed and taken on sales at the time	113543
they are consummated are not included, minus any amount deducted	113544
as a bad debt pursuant to section 5739.121 of the Revised Code.	113545
"Receipts" does not include the sale price of property returned or	113546
services rejected by consumers when the full sale price and tax	113547
are refunded either in cash or by credit.	113548

(J) "Place of business" means any location at which a person	113549
engages in business.	113550

(K) "Premises" includes any real property or portion thereof	113551
upon which any person engages in selling tangible personal	113552
property at retail or making retail sales and also includes any	113553
real property or portion thereof designated for, or devoted to,	113554
use in conjunction with the business engaged in by such person.	113555

(L) "Casual sale" means a sale of an item of tangible	113556
personal property that was obtained by the person making the sale,	113557
through purchase or otherwise, for the person's own use and was	113558
previously subject to any state's taxing jurisdiction on its sale	113559
or use, and includes such items acquired for the seller's use that	113560
are sold by an auctioneer employed directly by the person for such	113561
purpose, provided the location of such sales is not the	113562
auctioneer's permanent place of business. As used in this	113563
division, "permanent place of business" includes any location	113564
where such auctioneer has conducted more than two auctions during	113565
the year.	113566

(M) "Hotel" means every establishment kept, used, maintained,	113567
advertised, or held out to the public to be a place where sleeping	113568
accommodations are offered to guests, in which five or more rooms	113569
are used for the accommodation of such guests, whether the rooms	113570
are in one or several structures, except as otherwise provided in	113571
division (G) of section 5739.09 of the Revised Code.	113572

(N) "Transient guests" means persons occupying a room or	113573
rooms for sleeping accommodations for less than thirty consecutive	113574
days.	113575

(O) "Making retail sales" means the effecting of transactions	113576
wherein one party is obligated to pay the price and the other	113577
party is obligated to provide a service or to transfer title to or	113578
possession of the item sold. "Making retail sales" does not	113579
include the preliminary acts of promoting or soliciting the retail	113580
sales, other than the distribution of printed matter which	113581
displays or describes and prices the item offered for sale, nor	113582
does it include delivery of a predetermined quantity of tangible	113583
personal property or transportation of property or personnel to or	113584
from a place where a service is performed.	113585

(P) "Used directly in the rendition of a public utility	113586
service" means that property that is to be incorporated into and	113587
will become a part of the consumer's production, transmission,	113588
transportation, or distribution system and that retains its	113589
classification as tangible personal property after such	113590
incorporation; fuel or power used in the production, transmission,	113591
transportation, or distribution system; and tangible personal	113592
property used in the repair and maintenance of the production,	113593
transmission, transportation, or distribution system, including	113594
only such motor vehicles as are specially designed and equipped	113595
for such use. Tangible personal property and services used	113596
primarily in providing highway transportation for hire are not	113597
used directly in the rendition of a public utility service. In	113598
this definition, "public utility" includes a citizen of the United	113599
States holding, and required to hold, a certificate of public	113600
convenience and necessity issued under 49 U.S.C. 41102.	113601

(Q) "Refining" means removing or separating a desirable	113602
product from raw or contaminated materials by distillation or	113603
physical, mechanical, or chemical processes.	113604

(R) "Assembly" and "assembling" mean attaching or fitting	113605
together parts to form a product, but do not include packaging a	113606
product.	113607

(S) "Manufacturing operation" means a process in which	113608
materials are changed, converted, or transformed into a different	113609
state or form from which they previously existed and includes	113610
refining materials, assembling parts, and preparing raw materials	113611
and parts by mixing, measuring, blending, or otherwise committing	113612
such materials or parts to the manufacturing process.	113613
"Manufacturing operation" does not include packaging.	113614

(T) "Fiscal officer" means, with respect to a regional	113615
transit authority, the secretary-treasurer thereof, and with	113616
respect to a county that is a transit authority, the fiscal	113617
officer of the county transit board if one is appointed pursuant	113618
to section 306.03 of the Revised Code or the county auditor if the	113619
board of county commissioners operates the county transit system.	113620

(U) "Transit authority" means a regional transit authority	113621
created pursuant to section 306.31 of the Revised Code or a county	113622
in which a county transit system is created pursuant to section	113623
306.01 of the Revised Code. For the purposes of this chapter, a	113624
transit authority must extend to at least the entire area of a	113625
single county. A transit authority that includes territory in more	113626
than one county must include all the area of the most populous	113627
county that is a part of such transit authority. County population	113628
shall be measured by the most recent census taken by the United	113629
States census bureau.	113630

(V) "Legislative authority" means, with respect to a regional	113631
transit authority, the board of trustees thereof, and with respect	113632
to a county that is a transit authority, the board of county	113633
commissioners.	113634

(W) "Territory of the transit authority" means all of the	113635
area included within the territorial boundaries of a transit	113636
authority as they from time to time exist. Such territorial	113637
boundaries must at all times include all the area of a single	113638
county or all the area of the most populous county that is a part	113639
of such transit authority. County population shall be measured by	113640
the most recent census taken by the United States census bureau.	113641

(X) "Providing a service" means providing or furnishing	113642
anything described in division (B)(3) of this section for	113643
consideration.	113644

(Y)(1)(a) "Automatic data processing" means processing of	113645
others' data, including keypunching or similar data entry services	113646
together with verification thereof, or providing access to	113647
computer equipment for the purpose of processing data.	113648

(b) "Computer services" means providing services consisting	113649
of specifying computer hardware configurations and evaluating	113650
technical processing characteristics, computer programming, and	113651
training of computer programmers and operators, provided in	113652
conjunction with and to support the sale, lease, or operation of	113653
taxable computer equipment or systems.	113654

(c) "Electronic information services" means providing access	113655
to computer equipment by means of telecommunications equipment for	113656
the purpose of either of the following:	113657

(i) Examining or acquiring data stored in or accessible to	113658
the computer equipment;	113659

(ii) Placing data into the computer equipment to be retrieved	113660
by designated recipients with access to the computer equipment.	113661

For transactions occurring on or after the effective date of	113662
the amendment of this section by H.B. 157 of the 127th general	113663
assembly, December 21, 2007, "electronic information services"	113664
does not include electronic publishing as defined in division	113665
(LLL) of this section.	113666

(d) "Automatic data processing, computer services, or	113667
electronic information services" shall not include personal or	113668
professional services.	113669

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	113670
section, "personal and professional services" means all services	113671
other than automatic data processing, computer services, or	113672
electronic information services, including but not limited to:	113673

(a) Accounting and legal services such as advice on tax	113674
matters, asset management, budgetary matters, quality control,	113675
information security, and auditing and any other situation where	113676
the service provider receives data or information and studies,	113677
alters, analyzes, interprets, or adjusts such material;	113678

(b) Analyzing business policies and procedures;

113679

113680

(d) Feasibility studies, including economic and technical	113681
analysis of existing or potential computer hardware or software	113682
needs and alternatives;	113683

(e) Designing policies, procedures, and custom software for	113684
collecting business information, and determining how data should	113685
be summarized, sequenced, formatted, processed, controlled, and	113686
reported so that it will be meaningful to management;	113687

(f) Developing policies and procedures that document how	113688
business events and transactions are to be authorized, executed,	113689
and controlled;	113690

(g) Testing of business procedures;

113691

(h) Training personnel in business procedure applications;

113692

(i) Providing credit information to users of such information	113693
by a consumer reporting agency, as defined in the "Fair Credit	113694
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	113695
as hereafter amended, including but not limited to gathering,	113696
organizing, analyzing, recording, and furnishing such information	113697
by any oral, written, graphic, or electronic medium;	113698

(j) Providing debt collection services by any oral, written,	113699
graphic, or electronic means.	113700

The services listed in divisions (Y)(2)(a) to (j) of this	113701
section are not automatic data processing or computer services.	113702

(Z) "Highway transportation for hire" means the	113703
transportation of personal property belonging to others for	113704
consideration by any of the following:	113705

(1) The holder of a permit or certificate issued by this	113706
state or the United States authorizing the holder to engage in	113707
transportation of personal property belonging to others for	113708
consideration over or on highways, roadways, streets, or any	113709
similar public thoroughfare;	113710

(2) A person who engages in the transportation of personal	113711
property belonging to others for consideration over or on	113712
highways, roadways, streets, or any similar public thoroughfare	113713
but who could not have engaged in such transportation on December	113714
11, 1985, unless the person was the holder of a permit or	113715
certificate of the types described in division (Z)(1) of this	113716
section;	113717

(3) A person who leases a motor vehicle to and operates it	113718
for a person described by division (Z)(1) or (2) of this section.	113719

(AA)(1) "Telecommunications service" means the electronic	113720
transmission, conveyance, or routing of voice, data, audio, video,	113721
or any other information or signals to a point, or between or	113722
among points. "Telecommunications service" includes such	113723
transmission, conveyance, or routing in which computer processing	113724
applications are used to act on the form, code, or protocol of the	113725
content for purposes of transmission, conveyance, or routing	113726
without regard to whether the service is referred to as voice-over	113727
internet protocol service or is classified by the federal	113728
communications commission as enhanced or value-added.	113729
"Telecommunications service" does not include any of the	113730
following:	113731

(a) Data processing and information services that allow data	113732
to be generated, acquired, stored, processed, or retrieved and	113733
delivered by an electronic transmission to a consumer where the	113734
consumer's primary purpose for the underlying transaction is the	113735
processed data or information;	113736

(b) Installation or maintenance of wiring or equipment on a	113737
customer's premises;	113738

113739

(d) Advertising, including directory advertising;

113740

(e) Billing and collection services provided to third	113741
parties;	113742

(f) Internet access service;

113743

(g) Radio and television audio and video programming	113744
services, regardless of the medium, including the furnishing of	113745
transmission, conveyance, and routing of such services by the	113746
programming service provider. Radio and television audio and video	113747
programming services include, but are not limited to, cable	113748
service, as defined in 47 U.S.C. 522(6), and audio and video	113749
programming services delivered by commercial mobile radio service	113750
providers, as defined in 47 C.F.R. 20.3;	113751

(h) Ancillary service;

113752

(i) Digital products delivered electronically, including	113753
software, music, video, reading materials, or ring tones.	113754

(2) "Ancillary service" means a service that is associated	113755
with or incidental to the provision of telecommunications service,	113756
including conference bridging service, detailed telecommunications	113757
billing service, directory assistance, vertical service, and voice	113758
mail service. As used in this division:	113759

(a) "Conference bridging service" means an ancillary service	113760
that links two or more participants of an audio or video	113761
conference call, including providing a telephone number.	113762
"Conference bridging service" does not include telecommunications	113763
services used to reach the conference bridge.	113764

(b) "Detailed telecommunications billing service" means an	113765
ancillary service of separately stating information pertaining to	113766
individual calls on a customer's billing statement.	113767

(c) "Directory assistance" means an ancillary service of	113768
providing telephone number or address information.	113769

(d) "Vertical service" means an ancillary service that is	113770
offered in connection with one or more telecommunications	113771
services, which offers advanced calling features that allow	113772
customers to identify callers and manage multiple calls and call	113773
connections, including conference bridging service.	113774

(e) "Voice mail service" means an ancillary service that	113775
enables the customer to store, send, or receive recorded messages.	113776
"Voice mail service" does not include any vertical services that	113777
the customer may be required to have in order to utilize the voice	113778
mail service.	113779

(3) "900 service" means an inbound toll telecommunications	113780
service purchased by a subscriber that allows the subscriber's	113781
customers to call in to the subscriber's prerecorded announcement	113782
or live service, and which is typically marketed under the name	113783
"900" service" and any subsequent numbers designated by the	113784
federal communications commission. "900 service" does not include	113785
the charge for collection services provided by the seller of the	113786
telecommunications service to the subscriber, or services or	113787
products sold by the subscriber to the subscriber's customer.	113788

(4) "Prepaid calling service" means the right to access	113789
exclusively telecommunications services, which must be paid for in	113790
advance and which enables the origination of calls using an access	113791
number or authorization code, whether manually or electronically	113792
dialed, and that is sold in predetermined units or dollars of	113793
which the number declines with use in a known amount.	113794

(5) "Prepaid wireless calling service" means a	113795
telecommunications service that provides the right to utilize	113796
mobile telecommunications service as well as other	113797
non-telecommunications services, including the download of digital	113798
products delivered electronically, and content and ancillary	113799
services, that must be paid for in advance and that is sold in	113800
predetermined units or dollars of which the number declines with	113801
use in a known amount.	113802

(6) "Value-added non-voice data service" means a	113803
telecommunications service in which computer processing	113804
applications are used to act on the form, content, code, or	113805
protocol of the information or data primarily for a purpose other	113806
than transmission, conveyance, or routing.	113807

(7) "Coin-operated telephone service" means a	113808
telecommunications service paid for by inserting money into a	113809
telephone accepting direct deposits of money to operate.	113810

(8) "Customer" has the same meaning as in section 5739.034 of	113811
the Revised Code.	113812

(BB) "Laundry and dry cleaning services" means removing soil	113813
or dirt from towels, linens, articles of clothing, or other fabric	113814
items that belong to others and supplying towels, linens, articles	113815
of clothing, or other fabric items. "Laundry and dry cleaning	113816
services" does not include the provision of self-service	113817
facilities for use by consumers to remove soil or dirt from	113818
towels, linens, articles of clothing, or other fabric items.	113819

(CC) "Magazines distributed as controlled circulation	113820
publications" means magazines containing at least twenty-four	113821
pages, at least twenty-five per cent editorial content, issued at	113822
regular intervals four or more times a year, and circulated	113823
without charge to the recipient, provided that such magazines are	113824
not owned or controlled by individuals or business concerns which	113825
conduct such publications as an auxiliary to, and essentially for	113826
the advancement of the main business or calling of, those who own	113827
or control them.	113828

(DD) "Landscaping and lawn care service" means the services	113829
of planting, seeding, sodding, removing, cutting, trimming,	113830
pruning, mulching, aerating, applying chemicals, watering,	113831
fertilizing, and providing similar services to establish, promote,	113832
or control the growth of trees, shrubs, flowers, grass, ground	113833
cover, and other flora, or otherwise maintaining a lawn or	113834
landscape grown or maintained by the owner for ornamentation or	113835
other nonagricultural purpose. However, "landscaping and lawn care	113836
service" does not include the providing of such services by a	113837
person who has less than five thousand dollars in sales of such	113838
services during the calendar year.	113839

(EE) "Private investigation and security service" means the	113840
performance of any activity for which the provider of such service	113841
is required to be licensed pursuant to Chapter 4749. of the	113842
Revised Code, or would be required to be so licensed in performing	113843
such services in this state, and also includes the services of	113844
conducting polygraph examinations and of monitoring or overseeing	113845
the activities on or in, or the condition of, the consumer's home,	113846
business, or other facility by means of electronic or similar	113847
monitoring devices. "Private investigation and security service"	113848
does not include special duty services provided by off-duty police	113849
officers, deputy sheriffs, and other peace officers regularly	113850
employed by the state or a political subdivision.	113851

(FF) "Information services" means providing conversation,	113852
giving consultation or advice, playing or making a voice or other	113853
recording, making or keeping a record of the number of callers,	113854
and any other service provided to a consumer by means of a nine	113855
hundred telephone call, except when the nine hundred telephone	113856
call is the means by which the consumer makes a contribution to a	113857
recognized charity.	113858

(GG) "Research and development" means designing, creating, or	113859
formulating new or enhanced products, equipment, or manufacturing	113860
processes, and also means conducting scientific or technological	113861
inquiry and experimentation in the physical sciences with the goal	113862
of increasing scientific knowledge which may reveal the bases for	113863
new or enhanced products, equipment, or manufacturing processes.	113864

(HH) "Qualified research and development equipment" means	113865
capitalized tangible personal property, and leased personal	113866
property that would be capitalized if purchased, used by a person	113867
primarily to perform research and development. Tangible personal	113868
property primarily used in testing, as defined in division (A)(4)	113869
of section 5739.011 of the Revised Code, or used for recording or	113870
storing test results, is not qualified research and development	113871
equipment unless such property is primarily used by the consumer	113872
in testing the product, equipment, or manufacturing process being	113873
created, designed, or formulated by the consumer in the research	113874
and development activity or in recording or storing such test	113875
results.	113876

(II) "Building maintenance and janitorial service" means	113877
cleaning the interior or exterior of a building and any tangible	113878
personal property located therein or thereon, including any	113879
services incidental to such cleaning for which no separate charge	113880
is made. However, "building maintenance and janitorial service"	113881
does not include the providing of such service by a person who has	113882
less than five thousand dollars in sales of such service during	113883
the calendar year.	113884

(JJ) "Employment service" means providing or supplying	113885
personnel, on a temporary or long-term basis, to perform work or	113886
labor under the supervision or control of another, when the	113887
personnel so provided or supplied receive their wages, salary, or	113888
other compensation from the provider or supplier of the employment	113889
service or from a third party that provided or supplied the	113890
personnel to the provider or supplier. "Employment service" does	113891
not include:	113892

(1) Acting as a contractor or subcontractor, where the	113893
personnel performing the work are not under the direct control of	113894
the purchaser.	113895

(2) Medical and health care services.

113896

(3) Supplying personnel to a purchaser pursuant to a contract	113897
of at least one year between the service provider and the	113898
purchaser that specifies that each employee covered under the	113899
contract is assigned to the purchaser on a permanent basis.	113900

(4) Transactions between members of an affiliated group, as	113901
defined in division (B)(3)(e) of this section.	113902

(5) Transactions where the personnel so provided or supplied	113903
by a provider or supplier to a purchaser of an employment service	113904
are then provided or supplied by that purchaser to a third party	113905
as an employment service, except "employment service" does include	113906
the transaction between that purchaser and the third party.	113907

(KK) "Employment placement service" means locating or finding	113908
employment for a person or finding or locating an employee to fill	113909
an available position.	113910

(LL) "Exterminating service" means eradicating or attempting	113911
to eradicate vermin infestations from a building or structure, or	113912
the area surrounding a building or structure, and includes	113913
activities to inspect, detect, or prevent vermin infestation of a	113914
building or structure.	113915

(MM) "Physical fitness facility service" means all	113916
transactions by which a membership is granted, maintained, or	113917
renewed, including initiation fees, membership dues, renewal fees,	113918
monthly minimum fees, and other similar fees and dues, by a	113919
physical fitness facility such as an athletic club, health spa, or	113920
gymnasium, which entitles the member to use the facility for	113921
physical exercise.	113922

(NN) "Recreation and sports club service" means all	113923
transactions by which a membership is granted, maintained, or	113924
renewed, including initiation fees, membership dues, renewal fees,	113925
monthly minimum fees, and other similar fees and dues, by a	113926
recreation and sports club, which entitles the member to use the	113927
facilities of the organization. "Recreation and sports club" means	113928
an organization that has ownership of, or controls or leases on a	113929
continuing, long-term basis, the facilities used by its members	113930
and includes an aviation club, gun or shooting club, yacht club,	113931
card club, swimming club, tennis club, golf club, country club,	113932
riding club, amateur sports club, or similar organization.	113933

(OO) "Livestock" means farm animals commonly raised for food,	113934
food production, or other agricultural purposes, including, but	113935
not limited to, cattle, sheep, goats, swine, poultry, and captive	113936
deer. "Livestock" does not include invertebrates, amphibians,	113937
reptiles, domestic pets, animals for use in laboratories or for	113938
exhibition, or other animals not commonly raised for food or food	113939
production.	113940

(PP) "Livestock structure" means a building or structure used	113941
exclusively for the housing, raising, feeding, or sheltering of	113942
livestock, and includes feed storage or handling structures and	113943
structures for livestock waste handling.	113944

(QQ) "Horticulture" means the growing, cultivation, and	113945
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	113946
and nursery stock. As used in this division, "nursery stock" has	113947
the same meaning as in section 927.51 of the Revised Code.	113948

(RR) "Horticulture structure" means a building or structure	113949
used exclusively for the commercial growing, raising, or	113950
overwintering of horticultural products, and includes the area	113951
used for stocking, storing, and packing horticultural products	113952
when done in conjunction with the production of those products.	113953

(SS) "Newspaper" means an unbound publication bearing a title	113954
or name that is regularly published, at least as frequently as	113955
biweekly, and distributed from a fixed place of business to the	113956
public in a specific geographic area, and that contains a	113957
substantial amount of news matter of international, national, or	113958
local events of interest to the general public.	113959

(TT) "Professional racing team" means a person that employs	113960
at least twenty full-time employees for the purpose of conducting	113961
a motor vehicle racing business for profit. The person must	113962
conduct the business with the purpose of racing one or more motor	113963
racing vehicles in at least ten competitive professional racing	113964
events each year that comprise all or part of a motor racing	113965
series sanctioned by one or more motor racing sanctioning	113966
organizations. A "motor racing vehicle" means a vehicle for which	113967
the chassis, engine, and parts are designed exclusively for motor	113968
racing, and does not include a stock or production model vehicle	113969
that may be modified for use in racing. For the purposes of this	113970
division:	113971

(1) A "competitive professional racing event" is a motor	113972
vehicle racing event sanctioned by one or more motor racing	113973
sanctioning organizations, at which aggregate cash prizes in	113974
excess of eight hundred thousand dollars are awarded to the	113975
competitors.	113976

(2) "Full-time employee" means an individual who is employed	113977
for consideration for thirty-five or more hours a week, or who	113978
renders any other standard of service generally accepted by custom	113979
or specified by contract as full-time employment.	113980

(UU)(1) "Lease" or "rental" means any transfer of the	113981
possession or control of tangible personal property for a fixed or	113982
indefinite term, for consideration. "Lease" or "rental" includes	113983
future options to purchase or extend, and agreements described in	113984
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	113985
the amount of consideration may be increased or decreased by	113986
reference to the amount realized upon the sale or disposition of	113987
the property. "Lease" or "rental" does not include:	113988

(a) A transfer of possession or control of tangible personal	113989
property under a security agreement or a deferred payment plan	113990
that requires the transfer of title upon completion of the	113991
required payments;	113992

(b) A transfer of possession or control of tangible personal	113993
property under an agreement that requires the transfer of title	113994
upon completion of required payments and payment of an option	113995
price that does not exceed the greater of one hundred dollars or	113996
one per cent of the total required payments;	113997

(c) Providing tangible personal property along with an	113998
operator for a fixed or indefinite period of time, if the operator	113999
is necessary for the property to perform as designed. For purposes	114000
of this division, the operator must do more than maintain,	114001
inspect, or ~~set-up~~set up the tangible personal property.	114002

(2) "Lease" and "rental," as defined in division (UU) of this	114003
section, shall not apply to leases or rentals that exist before	114004
June 26, 2003.	114005

(3) "Lease" and "rental" have the same meaning as in division	114006
(UU)(1) of this section regardless of whether a transaction is	114007
characterized as a lease or rental under generally accepted	114008
accounting principles, the Internal Revenue Code, Title XIII of	114009
the Revised Code, or other federal, state, or local laws.	114010

(VV) "Mobile telecommunications service" has the same meaning	114011
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	114012
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	114013
on and after August 1, 2003, includes related fees and ancillary	114014
services, including universal service fees, detailed billing	114015
service, directory assistance, service initiation, voice mail	114016
service, and vertical services, such as caller ID and three-way	114017
calling.	114018

(WW) "Certified service provider" has the same meaning as in	114019
section 5740.01 of the Revised Code.	114020

(XX) "Satellite broadcasting service" means the distribution	114021
or broadcasting of programming or services by satellite directly	114022
to the subscriber's receiving equipment without the use of ground	114023
receiving or distribution equipment, except the subscriber's	114024
receiving equipment or equipment used in the uplink process to the	114025
satellite, and includes all service and rental charges, premium	114026
channels or other special services, installation and repair	114027
service charges, and any other charges having any connection with	114028
the provision of the satellite broadcasting service.	114029

(YY) "Tangible personal property" means personal property	114030
that can be seen, weighed, measured, felt, or touched, or that is	114031
in any other manner perceptible to the senses. For purposes of	114032
this chapter and Chapter 5741. of the Revised Code, "tangible	114033
personal property" includes motor vehicles, electricity, water,	114034
gas, steam, and prewritten computer software.	114035

(ZZ) "Direct mail" means printed material delivered or	114036
distributed by United States mail or other delivery service to a	114037
mass audience or to addressees on a mailing list provided by the	114038
consumer or at the direction of the consumer when the cost of the	114039
items are not billed directly to the recipients. "Direct mail"	114040
includes tangible personal property supplied directly or	114041
indirectly by the consumer to the direct mail vendor for inclusion	114042
in the package containing the printed material. "Direct mail" does	114043
not include multiple items of printed material delivered to a	114044
single address.	114045

(AAA) "Computer" means an electronic device that accepts	114046
information in digital or similar form and manipulates it for a	114047
result based on a sequence of instructions.	114048

(BBB) "Computer software" means a set of coded instructions	114049
designed to cause a computer or automatic data processing	114050
equipment to perform a task.	114051

(CCC) "Delivered electronically" means delivery of computer	114052
software from the seller to the purchaser by means other than	114053
tangible storage media.	114054

(DDD) "Prewritten computer software" means computer software,	114055
including prewritten upgrades, that is not designed and developed	114056
by the author or other creator to the specifications of a specific	114057
purchaser. The combining of two or more prewritten computer	114058
software programs or prewritten portions thereof does not cause	114059
the combination to be other than prewritten computer software.	114060
"Prewritten computer software" includes software designed and	114061
developed by the author or other creator to the specifications of	114062
a specific purchaser when it is sold to a person other than the	114063
purchaser. If a person modifies or enhances computer software of	114064
which the person is not the author or creator, the person shall be	114065
deemed to be the author or creator only of such person's	114066
modifications or enhancements. Prewritten computer software or a	114067
prewritten portion thereof that is modified or enhanced to any	114068
degree, where such modification or enhancement is designed and	114069
developed to the specifications of a specific purchaser, remains	114070
prewritten computer software; provided, however, that where there	114071
is a reasonable, separately stated charge or an invoice or other	114072
statement of the price given to the purchaser for the modification	114073
or enhancement, the modification or enhancement shall not	114074
constitute prewritten computer software.	114075

(EEE)(1) "Food" means substances, whether in liquid,	114076
concentrated, solid, frozen, dried, or dehydrated form, that are	114077
sold for ingestion or chewing by humans and are consumed for their	114078
taste or nutritional value. "Food" does not include alcoholic	114079
beverages, dietary supplements, soft drinks, or tobacco.	114080

(2) As used in division (EEE)(1) of this section:

114081

(a) "Alcoholic beverages" means beverages that are suitable	114082
for human consumption and contain one-half of one per cent or more	114083
of alcohol by volume.	114084

(b) "Dietary supplements" means any product, other than	114085
tobacco, that is intended to supplement the diet and that is	114086
intended for ingestion in tablet, capsule, powder, softgel,	114087
gelcap, or liquid form, or, if not intended for ingestion in such	114088
a form, is not represented as conventional food for use as a sole	114089
item of a meal or of the diet; that is required to be labeled as a	114090
dietary supplement, identifiable by the "supplement facts" box	114091
found on the label, as required by 21 C.F.R. 101.36; and that	114092
contains one or more of the following dietary ingredients:	114093

(i) A vitamin;

114094

(ii) A mineral;

114095

(iii) An herb or other botanical;

114096

(iv) An amino acid;

114097

(v) A dietary substance for use by humans to supplement the	114098
diet by increasing the total dietary intake;	114099

(vi) A concentrate, metabolite, constituent, extract, or	114100
combination of any ingredient described in divisions	114101
(EEE)(2)(b)(i) to (v) of this section.	114102

(c) "Soft drinks" means nonalcoholic beverages that contain	114103
natural or artificial sweeteners. "Soft drinks" does not include	114104
beverages that contain milk or milk products, soy, rice, or	114105
similar milk substitutes, or that contains greater than fifty per	114106
cent vegetable or fruit juice by volume.	114107

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	114108
tobacco, or any other item that contains tobacco.	114109

(FFF) "Drug" means a compound, substance, or preparation, and	114110
any component of a compound, substance, or preparation, other than	114111
food, dietary supplements, or alcoholic beverages that is	114112
recognized in the official United States pharmacopoeia, official	114113
homeopathic pharmacopoeia of the United States, or official	114114
national formulary, and supplements to them; is intended for use	114115
in the diagnosis, cure, mitigation, treatment, or prevention of	114116
disease; or is intended to affect the structure or any function of	114117
the body.	114118

(GGG) "Prescription" means an order, formula, or recipe	114119
issued in any form of oral, written, electronic, or other means of	114120
transmission by a duly licensed practitioner authorized by the	114121
laws of this state to issue a prescription.	114122

(HHH) "Durable medical equipment" means equipment, including	114123
repair and replacement parts for such equipment, that can	114124
withstand repeated use, is primarily and customarily used to serve	114125
a medical purpose, generally is not useful to a person in the	114126
absence of illness or injury, and is not worn in or on the body.	114127
"Durable medical equipment" does not include mobility enhancing	114128
equipment.	114129

(III) "Mobility enhancing equipment" means equipment,	114130
including repair and replacement parts for such equipment, that is	114131
primarily and customarily used to provide or increase the ability	114132
to move from one place to another and is appropriate for use	114133
either in a home or a motor vehicle, that is not generally used by	114134
persons with normal mobility, and that does not include any motor	114135
vehicle or equipment on a motor vehicle normally provided by a	114136
motor vehicle manufacturer. "Mobility enhancing equipment" does	114137
not include durable medical equipment.	114138

(JJJ) "Prosthetic device" means a replacement, corrective, or	114139
supportive device, including repair and replacement parts for the	114140
device, worn on or in the human body to artificially replace a	114141
missing portion of the body, prevent or correct physical deformity	114142
or malfunction, or support a weak or deformed portion of the body.	114143
As used in this division, "prosthetic device" does not include	114144
corrective eyeglasses, contact lenses, or dental prosthesis.	114145

(KKK)(1) "Fractional aircraft ownership program" means a	114146
program in which persons within an affiliated group sell and	114147
manage fractional ownership program aircraft, provided that at	114148
least one hundred airworthy aircraft are operated in the program	114149
and the program meets all of the following criteria:	114150

(a) Management services are provided by at least one program	114151
manager within an affiliated group on behalf of the fractional	114152
owners.	114153

(b) Each program aircraft is owned or possessed by at least	114154
one fractional owner.	114155

(c) Each fractional owner owns or possesses at least a	114156
one-sixteenth interest in at least one fixed-wing program	114157
aircraft.	114158

(d) A dry-lease aircraft interchange arrangement is in effect	114159
among all of the fractional owners.	114160

(e) Multi-year program agreements are in effect regarding the	114161
fractional ownership, management services, and dry-lease aircraft	114162
interchange arrangement aspects of the program.	114163

(2) As used in division (KKK)(1) of this section:

114164

(a) "Affiliated group" has the same meaning as in division	114165
(B)(3)(e) of this section.	114166

(b) "Fractional owner" means a person that owns or possesses	114167
at least a one-sixteenth interest in a program aircraft and has	114168
entered into the agreements described in division (KKK)(1)(e) of	114169
this section.	114170

(c) "Fractional ownership program aircraft" or "program	114171
aircraft" means a turbojet aircraft that is owned or possessed by	114172
a fractional owner and that has been included in a dry-lease	114173
aircraft interchange arrangement and agreement under divisions	114174
(KKK)(1)(d) and (e) of this section, or an aircraft a program	114175
manager owns or possesses primarily for use in a fractional	114176
aircraft ownership program.	114177

(d) "Management services" means administrative and aviation	114178
support services furnished under a fractional aircraft ownership	114179
program in accordance with a management services agreement under	114180
division (KKK)(1)(e) of this section, and offered by the program	114181
manager to the fractional owners, including, at a minimum, the	114182
establishment and implementation of safety guidelines; the	114183
coordination of the scheduling of the program aircraft and crews;	114184
program aircraft maintenance; program aircraft insurance; crew	114185
training for crews employed, furnished, or contracted by the	114186
program manager or the fractional owner; the satisfaction of	114187
record-keeping requirements; and the development and use of an	114188
operations manual and a maintenance manual for the fractional	114189
aircraft ownership program.	114190

(e) "Program manager" means the person that offers management	114191
services to fractional owners pursuant to a management services	114192
agreement under division (KKK)(1)(e) of this section.	114193

(LLL) "Electronic publishing" means providing access to one	114194
or more of the following primarily for business customers,	114195
including the federal government or a state government or a	114196
political subdivision thereof, to conduct research: news;	114197
business, financial, legal, consumer, or credit materials;	114198
editorials, columns, reader commentary, or features; photos or	114199
images; archival or research material; legal notices, identity	114200
verification, or public records; scientific, educational,	114201
instructional, technical, professional, trade, or other literary	114202
materials; or other similar information which has been gathered	114203
and made available by the provider to the consumer in an	114204
electronic format. Providing electronic publishing includes the	114205
functions necessary for the acquisition, formatting, editing,	114206
storage, and dissemination of data or information that is the	114207
subject of a sale.	114208

(MMM) "Medicaid health insuring corporation" means a health	114209
insuring corporation that holds a certificate of authority under	114210
Chapter 1751. of the Revised Code and is under contract with the	114211
department of job and family services pursuant to section 5111.17	114212
of the Revised Code.	114213

(NNN) "Managed care premium" means any premium, capitation,	114214
or other payment a medicaid health insuring corporation receives	114215
for providing or arranging for the provision of health care	114216
services to its members or enrollees residing in this state.	114217

(OOO) "Captive deer" means deer and other cervidae that have	114218
been legally acquired, or their offspring, that are privately	114219
owned for agricultural or farming purposes.	114220

(PPP) "Gift card" means a document, card, certificate, or	114221
other record, whether tangible or intangible, that may be redeemed	114222
by a consumer for a dollar value when making a purchase of	114223
tangible personal property or services.	114224

(QQQ) "Hotel intermediary" means a person, other than a	114225
hotel, that contracts with hotels to sell reservations for lodging	114226
at such hotels to transient guests.	114227

Sec. 5739.02. For the purpose of providing revenue with	114228
which to meet the needs of the state, for the use of the general	114229
revenue fund of the state, for the purpose of securing a thorough	114230
and efficient system of common schools throughout the state, for	114231
the purpose of affording revenues, in addition to those from	114232
general property taxes, permitted under constitutional	114233
limitations, and from other sources, for the support of local	114234
governmental functions, and for the purpose of reimbursing the	114235
state for the expense of administering this chapter, an excise tax	114236
is hereby levied on each retail sale made in this state.	114237

(A)(1) The tax shall be collected as provided in section	114238
5739.025 of the Revised Code. The rate of the tax shall be five	114239
and one-half per cent. The tax applies and is collectible when the	114240
sale is made, regardless of the time when the price is paid or	114241
delivered.	114242

(2) In the case of the lease or rental, with a fixed term of	114243
more than thirty days or an indefinite term with a minimum period	114244
of more than thirty days, of any motor vehicles designed by the	114245
manufacturer to carry a load of not more than one ton, watercraft,	114246
outboard motor, or aircraft, or of any tangible personal property,	114247
other than motor vehicles designed by the manufacturer to carry a	114248
load of more than one ton, to be used by the lessee or renter	114249
primarily for business purposes, the tax shall be collected by the	114250
vendor at the time the lease or rental is consummated and shall be	114251
calculated by the vendor on the basis of the total amount to be	114252
paid by the lessee or renter under the lease agreement. If the	114253
total amount of the consideration for the lease or rental includes	114254
amounts that are not calculated at the time the lease or rental is	114255
executed, the tax shall be calculated and collected by the vendor	114256
at the time such amounts are billed to the lessee or renter. In	114257
the case of an open-end lease or rental, the tax shall be	114258
calculated by the vendor on the basis of the total amount to be	114259
paid during the initial fixed term of the lease or rental, and for	114260
each subsequent renewal period as it comes due. As used in this	114261
division, "motor vehicle" has the same meaning as in section	114262
4501.01 of the Revised Code, and "watercraft" includes an outdrive	114263
unit attached to the watercraft.	114264

A lease with a renewal clause and a termination penalty or	114265
similar provision that applies if the renewal clause is not	114266
exercised is presumed to be a sham transaction. In such a case,	114267
the tax shall be calculated and paid on the basis of the entire	114268
length of the lease period, including any renewal periods, until	114269
the termination penalty or similar provision no longer applies.	114270
The taxpayer shall bear the burden, by a preponderance of the	114271
evidence, that the transaction or series of transactions is not a	114272
sham transaction.	114273

(3) Except as provided in division (A)(2) of this section, in	114274
the case of a sale, the price of which consists in whole or in	114275
part of the lease or rental of tangible personal property, the tax	114276
shall be measured by the installments of that lease or rental.	114277

(4) In the case of a sale of a physical fitness facility	114278
service or recreation and sports club service, the price of which	114279
consists in whole or in part of a membership for the receipt of	114280
the benefit of the service, the tax applicable to the sale shall	114281
be measured by the installments thereof.	114282

(B) The tax does not apply to the following:

114283

(1) Sales to the state or any of its political subdivisions,	114284
or to any other state or its political subdivisions if the laws of	114285
that state exempt from taxation sales made to this state and its	114286
political subdivisions;	114287

(2) Sales of food for human consumption off the premises	114288
where sold;	114289

(3) Sales of food sold to students only in a cafeteria,	114290
dormitory, fraternity, or sorority maintained in a private,	114291
public, or parochial school, college, or university;	114292

(4) Sales of newspapers and of magazine subscriptions and	114293
sales or transfers of magazines distributed as controlled	114294
circulation publications;	114295

(5) The furnishing, preparing, or serving of meals without	114296
charge by an employer to an employee provided the employer records	114297
the meals as part compensation for services performed or work	114298
done;	114299

(6) Sales of motor fuel upon receipt, use, distribution, or	114300
sale of which in this state a tax is imposed by the law of this	114301
state, but this exemption shall not apply to the sale of motor	114302
fuel on which a refund of the tax is allowable under division (A)	114303
of section 5735.14 of the Revised Code; and the tax commissioner	114304
may deduct the amount of tax levied by this section applicable to	114305
the price of motor fuel when granting a refund of motor fuel tax	114306
pursuant to division (A) of section 5735.14 of the Revised Code	114307
and shall cause the amount deducted to be paid into the general	114308
revenue fund of this state;	114309

(7) Sales of natural gas by a natural gas company, of water	114310
by a water-works company, or of steam by a heating company, if in	114311
each case the thing sold is delivered to consumers through pipes	114312
or conduits, and all sales of communications services by a	114313
telegraph company, all terms as defined in section 5727.01 of the	114314
Revised Code, and sales of electricity delivered through wires;	114315

(8) Casual sales by a person, or auctioneer employed directly	114316
by the person to conduct such sales, except as to such sales of	114317
motor vehicles, watercraft or outboard motors required to be	114318
titled under section 1548.06 of the Revised Code, watercraft	114319
documented with the United States coast guard, snowmobiles, and	114320
all-purpose vehicles as defined in section 4519.01 of the Revised	114321
Code;	114322

(9)(a) Sales of services or tangible personal property, other	114323
than motor vehicles, mobile homes, and manufactured homes, by	114324
churches, organizations exempt from taxation under section	114325
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	114326
organizations operated exclusively for charitable purposes as	114327
defined in division (B)(12) of this section, provided that the	114328
number of days on which such tangible personal property or	114329
services, other than items never subject to the tax, are sold does	114330
not exceed six in any calendar year, except as otherwise provided	114331
in division (B)(9)(b) of this section. If the number of days on	114332
which such sales are made exceeds six in any calendar year, the	114333
church or organization shall be considered to be engaged in	114334
business and all subsequent sales by it shall be subject to the	114335
tax. In counting the number of days, all sales by groups within a	114336
church or within an organization shall be considered to be sales	114337
of that church or organization.	114338

(b) The limitation on the number of days on which tax-exempt	114339
sales may be made by a church or organization under division	114340
(B)(9)(a) of this section does not apply to sales made by student	114341
clubs and other groups of students of a primary or secondary	114342
school, or a parent-teacher association, booster group, or similar	114343
organization that raises money to support or fund curricular or	114344
extracurricular activities of a primary or secondary school.	114345

(c) Divisions (B)(9)(a) and (b) of this section do not apply	114346
to sales by a noncommercial educational radio or television	114347
broadcasting station.	114348

(10) Sales not within the taxing power of this state under	114349
the Constitution or laws of the United States or the Constitution	114350
of this state;	114351

(11) Except for transactions that are sales under division	114352
(B)(3)(r) of section 5739.01 of the Revised Code, the	114353
transportation of persons or property, unless the transportation	114354
is by a private investigation and security service;	114355

(12) Sales of tangible personal property or services to	114356
churches, to organizations exempt from taxation under section	114357
501(c)(3) of the Internal Revenue Code of 1986, and to any other	114358
nonprofit organizations operated exclusively for charitable	114359
purposes in this state, no part of the net income of which inures	114360
to the benefit of any private shareholder or individual, and no	114361
substantial part of the activities of which consists of carrying	114362
on propaganda or otherwise attempting to influence legislation;	114363
sales to offices administering one or more homes for the aged or	114364
one or more hospital facilities exempt under section 140.08 of the	114365
Revised Code; and sales to organizations described in division (D)	114366
of section 5709.12 of the Revised Code.	114367

"Charitable purposes" means the relief of poverty; the	114368
improvement of health through the alleviation of illness, disease,	114369
or injury; the operation of an organization exclusively for the	114370
provision of professional, laundry, printing, and purchasing	114371
services to hospitals or charitable institutions; the operation of	114372
a home for the aged, as defined in section 5701.13 of the Revised	114373
Code; the operation of a radio or television broadcasting station	114374
that is licensed by the federal communications commission as a	114375
noncommercial educational radio or television station; the	114376
operation of a nonprofit animal adoption service or a county	114377
humane society; the promotion of education by an institution of	114378
learning that maintains a faculty of qualified instructors,	114379
teaches regular continuous courses of study, and confers a	114380
recognized diploma upon completion of a specific curriculum; the	114381
operation of a parent-teacher association, booster group, or	114382
similar organization primarily engaged in the promotion and	114383
support of the curricular or extracurricular activities of a	114384
primary or secondary school; the operation of a community or area	114385
center in which presentations in music, dramatics, the arts, and	114386
related fields are made in order to foster public interest and	114387
education therein; the production of performances in music,	114388
dramatics, and the arts; or the promotion of education by an	114389
organization engaged in carrying on research in, or the	114390
dissemination of, scientific and technological knowledge and	114391
information primarily for the public.	114392

Nothing in this division shall be deemed to exempt sales to	114393
any organization for use in the operation or carrying on of a	114394
trade or business, or sales to a home for the aged for use in the	114395
operation of independent living facilities as defined in division	114396
(A) of section 5709.12 of the Revised Code.	114397

(13) Building and construction materials and services sold to	114398
construction contractors for incorporation into a structure or	114399
improvement to real property under a construction contract with	114400
this state or a political subdivision of this state, or with the	114401
United States government or any of its agencies; building and	114402
construction materials and services sold to construction	114403
contractors for incorporation into a structure or improvement to	114404
real property that are accepted for ownership by this state or any	114405
of its political subdivisions, or by the United States government	114406
or any of its agencies at the time of completion of the structures	114407
or improvements; building and construction materials sold to	114408
construction contractors for incorporation into a horticulture	114409
structure or livestock structure for a person engaged in the	114410
business of horticulture or producing livestock; building	114411
materials and services sold to a construction contractor for	114412
incorporation into a house of public worship or religious	114413
education, or a building used exclusively for charitable purposes	114414
under a construction contract with an organization whose purpose	114415
is as described in division (B)(12) of this section; building	114416
materials and services sold to a construction contractor for	114417
incorporation into a building under a construction contract with	114418
an organization exempt from taxation under section 501(c)(3) of	114419
the Internal Revenue Code of 1986 when the building is to be used	114420
exclusively for the organization's exempt purposes; building and	114421
construction materials sold for incorporation into the original	114422
construction of a sports facility under section 307.696 of the	114423
Revised Code; building and construction materials and services	114424
sold to a construction contractor for incorporation into real	114425
property outside this state if such materials and services, when	114426
sold to a construction contractor in the state in which the real	114427
property is located for incorporation into real property in that	114428
state, would be exempt from a tax on sales levied by that state;	114429
and, until one calendar year after the construction of a	114430
convention center that qualifies for property tax exemption under	114431
section 5709.084 of the Revised Code is completed, building and	114432
construction materials and services sold to a construction	114433
contractor for incorporation into the real property comprising	114434
that convention center;	114435

(14) Sales of ships or vessels or rail rolling stock used or	114436
to be used principally in interstate or foreign commerce, and	114437
repairs, alterations, fuel, and lubricants for such ships or	114438
vessels or rail rolling stock;	114439

(15) Sales to persons primarily engaged in any of the	114440
activities mentioned in division (B)(42)(a), (g), or (h) of this	114441
section, to persons engaged in making retail sales, or to persons	114442
who purchase for sale from a manufacturer tangible personal	114443
property that was produced by the manufacturer in accordance with	114444
specific designs provided by the purchaser, of packages, including	114445
material, labels, and parts for packages, and of machinery,	114446
equipment, and material for use primarily in packaging tangible	114447
personal property produced for sale, including any machinery,	114448
equipment, and supplies used to make labels or packages, to	114449
prepare packages or products for labeling, or to label packages or	114450
products, by or on the order of the person doing the packaging, or	114451
sold at retail. "Packages" includes bags, baskets, cartons,	114452
crates, boxes, cans, bottles, bindings, wrappings, and other	114453
similar devices and containers, but does not include motor	114454
vehicles or bulk tanks, trailers, or similar devices attached to	114455
motor vehicles. "Packaging" means placing in a package. Division	114456
(B)(15) of this section does not apply to persons engaged in	114457
highway transportation for hire.	114458

(16) Sales of food to persons using supplemental nutrition	114459
assistance program benefits to purchase the food. As used in this	114460
division, "food" has the same meaning as in 7 U.S.C. 2012 and	114461
federal regulations adopted pursuant to the Food and Nutrition Act	114462
of 2008.	114463

(17) Sales to persons engaged in farming, agriculture,	114464
horticulture, or floriculture, of tangible personal property for	114465
use or consumption primarily in the production by farming,	114466
agriculture, horticulture, or floriculture of other tangible	114467
personal property for use or consumption primarily in the	114468
production of tangible personal property for sale by farming,	114469
agriculture, horticulture, or floriculture; or material and parts	114470
for incorporation into any such tangible personal property for use	114471
or consumption in production; and of tangible personal property	114472
for such use or consumption in the conditioning or holding of	114473
products produced by and for such use, consumption, or sale by	114474
persons engaged in farming, agriculture, horticulture, or	114475
floriculture, except where such property is incorporated into real	114476
property;	114477

(18) Sales of drugs for a human being that may be dispensed	114478
only pursuant to a prescription; insulin as recognized in the	114479
official United States pharmacopoeia; urine and blood testing	114480
materials when used by diabetics or persons with hypoglycemia to	114481
test for glucose or acetone; hypodermic syringes and needles when	114482
used by diabetics for insulin injections; epoetin alfa when	114483
purchased for use in the treatment of persons with medical	114484
disease; hospital beds when purchased by hospitals, nursing homes,	114485
or other medical facilities; and medical oxygen and medical	114486
oxygen-dispensing equipment when purchased by hospitals, nursing	114487
homes, or other medical facilities;	114488

(19) Sales of prosthetic devices, durable medical equipment	114489
for home use, or mobility enhancing equipment, when made pursuant	114490
to a prescription and when such devices or equipment are for use	114491
by a human being.	114492

(20) Sales of emergency and fire protection vehicles and	114493
equipment to nonprofit organizations for use solely in providing	114494
fire protection and emergency services, including trauma care and	114495
emergency medical services, for political subdivisions of the	114496
state;	114497

(21) Sales of tangible personal property manufactured in this	114498
state, if sold by the manufacturer in this state to a retailer for	114499
use in the retail business of the retailer outside of this state	114500
and if possession is taken from the manufacturer by the purchaser	114501
within this state for the sole purpose of immediately removing the	114502
same from this state in a vehicle owned by the purchaser;	114503

(22) Sales of services provided by the state or any of its	114504
political subdivisions, agencies, instrumentalities, institutions,	114505
or authorities, or by governmental entities of the state or any of	114506
its political subdivisions, agencies, instrumentalities,	114507
institutions, or authorities;	114508

(23) Sales of motor vehicles to nonresidents of this state	114509
under the circumstances described in division (B) of section	114510
5739.029 of the Revised Code;	114511

(24) Sales to persons engaged in the preparation of eggs for	114512
sale of tangible personal property used or consumed directly in	114513
such preparation, including such tangible personal property used	114514
for cleaning, sanitizing, preserving, grading, sorting, and	114515
classifying by size; packages, including material and parts for	114516
packages, and machinery, equipment, and material for use in	114517
packaging eggs for sale; and handling and transportation equipment	114518
and parts therefor, except motor vehicles licensed to operate on	114519
public highways, used in intraplant or interplant transfers or	114520
shipment of eggs in the process of preparation for sale, when the	114521
plant or plants within or between which such transfers or	114522
shipments occur are operated by the same person. "Packages"	114523
includes containers, cases, baskets, flats, fillers, filler flats,	114524
cartons, closure materials, labels, and labeling materials, and	114525
"packaging" means placing therein.	114526

(25)(a) Sales of water to a consumer for residential use;

114527

(b) Sales of water by a nonprofit corporation engaged	114528
exclusively in the treatment, distribution, and sale of water to	114529
consumers, if such water is delivered to consumers through pipes	114530
or tubing.	114531

(26) Fees charged for inspection or reinspection of motor	114532
vehicles under section 3704.14 of the Revised Code;	114533

(27) Sales to persons licensed to conduct a food service	114534
operation pursuant to section 3717.43 of the Revised Code, of	114535
tangible personal property primarily used directly for the	114536
following:	114537

(a) To prepare food for human consumption for sale;

114538

(b) To preserve food that has been or will be prepared for	114539
human consumption for sale by the food service operator, not	114540
including tangible personal property used to display food for	114541
selection by the consumer;	114542

(c) To clean tangible personal property used to prepare or	114543
serve food for human consumption for sale.	114544

(28) Sales of animals by nonprofit animal adoption services	114545
or county humane societies;	114546

(29) Sales of services to a corporation described in division	114547
(A) of section 5709.72 of the Revised Code, and sales of tangible	114548
personal property that qualifies for exemption from taxation under	114549
section 5709.72 of the Revised Code;	114550

(30) Sales and installation of agricultural land tile, as	114551
defined in division (B)(5)(a) of section 5739.01 of the Revised	114552
Code;	114553

(31) Sales and erection or installation of portable grain	114554
bins, as defined in division (B)(5)(b) of section 5739.01 of the	114555
Revised Code;	114556

(32) The sale, lease, repair, and maintenance of, parts for,	114557
or items attached to or incorporated in, motor vehicles that are	114558
primarily used for transporting tangible personal property	114559
belonging to others by a person engaged in highway transportation	114560
for hire, except for packages and packaging used for the	114561
transportation of tangible personal property;	114562

(33) Sales to the state headquarters of any veterans'	114563
organization in this state that is either incorporated and issued	114564
a charter by the congress of the United States or is recognized by	114565
the United States veterans administration, for use by the	114566
headquarters;	114567

(34) Sales to a telecommunications service vendor, mobile	114568
telecommunications service vendor, or satellite broadcasting	114569
service vendor of tangible personal property and services used	114570
directly and primarily in transmitting, receiving, switching, or	114571
recording any interactive, one- or two-way electromagnetic	114572
communications, including voice, image, data, and information,	114573
through the use of any medium, including, but not limited to,	114574
poles, wires, cables, switching equipment, computers, and record	114575
storage devices and media, and component parts for the tangible	114576
personal property. The exemption provided in this division shall	114577
be in lieu of all other exemptions under division (B)(42)(a) or	114578
(n) of this section to which the vendor may otherwise be entitled,	114579
based upon the use of the thing purchased in providing the	114580
telecommunications, mobile telecommunications, or satellite	114581
broadcasting service.	114582

(35)(a) Sales where the purpose of the consumer is to use or	114583
consume the things transferred in making retail sales and	114584
consisting of newspaper inserts, catalogues, coupons, flyers, gift	114585
certificates, or other advertising material that prices and	114586
describes tangible personal property offered for retail sale.	114587

(b) Sales to direct marketing vendors of preliminary	114588
materials such as photographs, artwork, and typesetting that will	114589
be used in printing advertising material; and of printed matter	114590
that offers free merchandise or chances to win sweepstake prizes	114591
and that is mailed to potential customers with advertising	114592
material described in division (B)(35)(a) of this section;	114593

(c) Sales of equipment such as telephones, computers,	114594
facsimile machines, and similar tangible personal property	114595
primarily used to accept orders for direct marketing retail sales.	114596

(d) Sales of automatic food vending machines that preserve	114597
food with a shelf life of forty-five days or less by refrigeration	114598
and dispense it to the consumer.	114599

For purposes of division (B)(35) of this section, "direct	114600
marketing" means the method of selling where consumers order	114601
tangible personal property by United States mail, delivery	114602
service, or telecommunication and the vendor delivers or ships the	114603
tangible personal property sold to the consumer from a warehouse,	114604
catalogue distribution center, or similar fulfillment facility by	114605
means of the United States mail, delivery service, or common	114606
carrier.	114607

(36) Sales to a person engaged in the business of	114608
horticulture or producing livestock of materials to be	114609
incorporated into a horticulture structure or livestock structure;	114610

(37) Sales of personal computers, computer monitors, computer	114611
keyboards, modems, and other peripheral computer equipment to an	114612
individual who is licensed or certified to teach in an elementary	114613
or a secondary school in this state for use by that individual in	114614
preparation for teaching elementary or secondary school students;	114615

(38) Sales to a professional racing team of any of the	114616
following:	114617

(a) Motor racing vehicles;

114618

(b) Repair services for motor racing vehicles;

114619

(c) Items of property that are attached to or incorporated in	114620
motor racing vehicles, including engines, chassis, and all other	114621
components of the vehicles, and all spare, replacement, and	114622
rebuilt parts or components of the vehicles; except not including	114623
tires, consumable fluids, paint, and accessories consisting of	114624
instrumentation sensors and related items added to the vehicle to	114625
collect and transmit data by means of telemetry and other forms of	114626
communication.	114627

(39) Sales of used manufactured homes and used mobile homes,	114628
as defined in section 5739.0210 of the Revised Code, made on or	114629
after January 1, 2000;	114630

(40) Sales of tangible personal property and services to a	114631
provider of electricity used or consumed directly and primarily in	114632
generating, transmitting, or distributing electricity for use by	114633
others, including property that is or is to be incorporated into	114634
and will become a part of the consumer's production, transmission,	114635
or distribution system and that retains its classification as	114636
tangible personal property after incorporation; fuel or power used	114637
in the production, transmission, or distribution of electricity;	114638
energy conversion equipment as defined in section 5727.01 of the	114639
Revised Code; and tangible personal property and services used in	114640
the repair and maintenance of the production, transmission, or	114641
distribution system, including only those motor vehicles as are	114642
specially designed and equipped for such use. The exemption	114643
provided in this division shall be in lieu of all other exemptions	114644
in division (B)(42)(a) or (n) of this section to which a provider	114645
of electricity may otherwise be entitled based on the use of the	114646
tangible personal property or service purchased in generating,	114647
transmitting, or distributing electricity.	114648

(41) Sales to a person providing services under division	114649
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	114650
personal property and services used directly and primarily in	114651
providing taxable services under that section.	114652

(42) Sales where the purpose of the purchaser is to do any of	114653
the following:	114654

(a) To incorporate the thing transferred as a material or a	114655
part into tangible personal property to be produced for sale by	114656
manufacturing, assembling, processing, or refining; or to use or	114657
consume the thing transferred directly in producing tangible	114658
personal property for sale by mining, including, without	114659
limitation, the extraction from the earth of all substances that	114660
are classed geologically as minerals, production of crude oil and	114661
natural gas, or directly in the rendition of a public utility	114662
service, except that the sales tax levied by this section shall be	114663
collected upon all meals, drinks, and food for human consumption	114664
sold when transporting persons. Persons engaged in rendering	114665
services in the exploration for, and production of, crude oil and	114666
natural gas for others are deemed engaged directly in the	114667
exploration for, and production of, crude oil and natural gas.	114668
This paragraph does not exempt from "retail sale" or "sales at	114669
retail" the sale of tangible personal property that is to be	114670
incorporated into a structure or improvement to real property.	114671

(b) To hold the thing transferred as security for the	114672
performance of an obligation of the vendor;	114673

(c) To resell, hold, use, or consume the thing transferred as	114674
evidence of a contract of insurance;	114675

(d) To use or consume the thing directly in commercial	114676
fishing;	114677

(e) To incorporate the thing transferred as a material or a	114678
part into, or to use or consume the thing transferred directly in	114679
the production of, magazines distributed as controlled circulation	114680
publications;	114681

(f) To use or consume the thing transferred in the production	114682
and preparation in suitable condition for market and sale of	114683
printed, imprinted, overprinted, lithographic, multilithic,	114684
blueprinted, photostatic, or other productions or reproductions of	114685
written or graphic matter;	114686

(g) To use the thing transferred, as described in section	114687
5739.011 of the Revised Code, primarily in a manufacturing	114688
operation to produce tangible personal property for sale;	114689

(h) To use the benefit of a warranty, maintenance or service	114690
contract, or similar agreement, as described in division (B)(7) of	114691
section 5739.01 of the Revised Code, to repair or maintain	114692
tangible personal property, if all of the property that is the	114693
subject of the warranty, contract, or agreement would not be	114694
subject to the tax imposed by this section;	114695

(i) To use the thing transferred as qualified research and	114696
development equipment;	114697

(j) To use or consume the thing transferred primarily in	114698
storing, transporting, mailing, or otherwise handling purchased	114699
sales inventory in a warehouse, distribution center, or similar	114700
facility when the inventory is primarily distributed outside this	114701
state to retail stores of the person who owns or controls the	114702
warehouse, distribution center, or similar facility, to retail	114703
stores of an affiliated group of which that person is a member, or	114704
by means of direct marketing. This division does not apply to	114705
motor vehicles registered for operation on the public highways. As	114706
used in this division, "affiliated group" has the same meaning as	114707
in division (B)(3)(e) of section 5739.01 of the Revised Code and	114708
"direct marketing" has the same meaning as in division (B)(35) of	114709
this section.	114710

(k) To use or consume the thing transferred to fulfill a	114711
contractual obligation incurred by a warrantor pursuant to a	114712
warranty provided as a part of the price of the tangible personal	114713
property sold or by a vendor of a warranty, maintenance or service	114714
contract, or similar agreement the provision of which is defined	114715
as a sale under division (B)(7) of section 5739.01 of the Revised	114716
Code;	114717

(l) To use or consume the thing transferred in the production	114718
of a newspaper for distribution to the public;	114719

(m) To use tangible personal property to perform a service	114720
listed in division (B)(3) of section 5739.01 of the Revised Code,	114721
if the property is or is to be permanently transferred to the	114722
consumer of the service as an integral part of the performance of	114723
the service;	114724

(n) To use or consume the thing transferred primarily in	114725
producing tangible personal property for sale by farming,	114726
agriculture, horticulture, or floriculture. Persons engaged in	114727
rendering farming, agriculture, horticulture, or floriculture	114728
services for others are deemed engaged primarily in farming,	114729
agriculture, horticulture, or floriculture. This paragraph does	114730
not exempt from "retail sale" or "sales at retail" the sale of	114731
tangible personal property that is to be incorporated into a	114732
structure or improvement to real property.	114733

(o) To use or consume the thing transferred in acquiring,	114734
formatting, editing, storing, and disseminating data or	114735
information by electronic publishing.	114736

As used in division (B)(42) of this section, "thing" includes	114737
all transactions included in divisions (B)(3)(a), (b), and (e) of	114738
section 5739.01 of the Revised Code.	114739

(43) Sales conducted through a coin operated device that	114740
activates vacuum equipment or equipment that dispenses water,	114741
whether or not in combination with soap or other cleaning agents	114742
or wax, to the consumer for the consumer's use on the premises in	114743
washing, cleaning, or waxing a motor vehicle, provided no other	114744
personal property or personal service is provided as part of the	114745
transaction.	114746

(44) Sales of replacement and modification parts for engines,	114747
airframes, instruments, and interiors in, and paint for, aircraft	114748
used primarily in a fractional aircraft ownership program, and	114749
sales of services for the repair, modification, and maintenance of	114750
such aircraft, and machinery, equipment, and supplies primarily	114751
used to provide those services.	114752

(45) Sales of telecommunications service that is used	114753
directly and primarily to perform the functions of a call center.	114754
As used in this division, "call center" means any physical	114755
location where telephone calls are placed or received in high	114756
volume for the purpose of making sales, marketing, customer	114757
service, technical support, or other specialized business	114758
activity, and that employs at least fifty individuals that engage	114759
in call center activities on a full-time basis, or sufficient	114760
individuals to fill fifty full-time equivalent positions.	114761

(46) Sales by a telecommunications service vendor of 900	114762
service to a subscriber. This division does not apply to	114763
information services, as defined in division (FF) of section	114764
5739.01 of the Revised Code.	114765

(47) Sales of value-added non-voice data service. This	114766
division does not apply to any similar service that is not	114767
otherwise a telecommunications service.	114768

(48)(a) Sales of machinery, equipment, and software to a	114769
qualified direct selling entity for use in a warehouse or	114770
distribution center primarily for storing, transporting, or	114771
otherwise handling inventory that is held for sale to independent	114772
salespersons who operate as direct sellers and that is held	114773
primarily for distribution outside this state;	114774

(b) As used in division (B)(48)(a) of this section:

114775

(i) "Direct seller" means a person selling consumer products	114776
to individuals for personal or household use and not from a fixed	114777
retail location, including selling such product at in-home product	114778
demonstrations, parties, and other one-on-one selling.	114779

(ii) "Qualified direct selling entity" means an entity	114780
selling to direct sellers at the time the entity enters into a tax	114781
credit agreement with the tax credit authority pursuant to section	114782
122.17 of the Revised Code, provided that the agreement was	114783
entered into on or after January 1, 2007. Neither contingencies	114784
relevant to the granting of, nor later developments with respect	114785
to, the tax credit shall impair the status of the qualified direct	114786
selling entity under division (B)(48) of this section after	114787
execution of the tax credit agreement by the tax credit authority.	114788

(c) Division (B)(48) of this section is limited to machinery,	114789
equipment, and software first stored, used, or consumed in this	114790
state within the period commencing June 24, 2008, and ending on	114791
the date that is five years after that date.	114792

(49) Sales of materials, parts, equipment, or engines used in	114793
the repair or maintenance of aircraft or avionics systems of such	114794
aircraft, and sales of repair, remodeling, replacement, or	114795
maintenance services in this state performed on aircraft or on an	114796
aircraft's avionics, engine, or component materials or parts. As	114797
used in division (B)(49) of this section, "aircraft" means	114798
aircraft of more than six thousand pounds maximum certified	114799
takeoff weight or used exclusively in general aviation.	114800

(50) Sales of full flight simulators that are used for pilot	114801
or flight-crew training, sales of repair or replacement parts or	114802
components, and sales of repair or maintenance services for such	114803
full flight simulators. "Full flight simulator" means a replica of	114804
a specific type, or make, model, and series of aircraft cockpit.	114805
It includes the assemblage of equipment and computer programs	114806
necessary to represent aircraft operations in ground and flight	114807
conditions, a visual system providing an out-of-the-cockpit view,	114808
and a system that provides cues at least equivalent to those of a	114809
three-degree-of-freedom motion system, and has the full range of	114810
capabilities of the systems installed in the device as described	114811
in appendices A and B of part 60 of chapter 1 of title 14 of the	114812
Code of Federal Regulations.	114813

(51) Any transfer or lease of tangible personal property	114814
between the state and a successful proposer in accordance with	114815
sections 126.60 to 126.605 of the Revised Code, provided the	114816
property is part of a project as defined in section 126.60 of the	114817
Revised Code and the state retains ownership of the project or	114818
part thereof that is being transferred or leased, between the	114819
state and JobsOhio in accordance with section 4313.02 of the	114820
Revised Code.	114821

(C) For the purpose of the proper administration of this	114822
chapter, and to prevent the evasion of the tax, it is presumed	114823
that all sales made in this state are subject to the tax until the	114824
contrary is established.	114825

(D) The levy of this tax on retail sales of recreation and	114826
sports club service shall not prevent a municipal corporation from	114827
levying any tax on recreation and sports club dues or on any	114828
income generated by recreation and sports club dues.	114829

(E) The tax collected by the vendor from the consumer under	114830
this chapter is not part of the price, but is a tax collection for	114831
the benefit of the state, and of counties levying an additional	114832
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	114833
Code and of transit authorities levying an additional sales tax	114834
pursuant to section 5739.023 of the Revised Code. Except for the	114835
discount authorized under section 5739.12 of the Revised Code and	114836
the effects of any rounding pursuant to section 5703.055 of the	114837
Revised Code, no person other than the state or such a county or	114838
transit authority shall derive any benefit from the collection or	114839
payment of the tax levied by this section or section 5739.021,	114840
5739.023, or 5739.026 of the Revised Code.	114841

Sec. 5739.026. (A) A board of county commissioners may levy	114842
a tax of one-fourth or one-half of one per cent on every retail	114843
sale in the county, except sales of watercraft and outboard motors	114844
required to be titled pursuant to Chapter 1548. of the Revised	114845
Code and sales of motor vehicles, and may increase an existing	114846
rate of one-fourth of one per cent to one-half of one per cent, to	114847
pay the expenses of administering the tax and, except as provided	114848
in division (A)(6) of this section, for any one or more of the	114849
following purposes provided that the aggregate levy for all such	114850
purposes does not exceed one-half of one per cent:	114851

(1) To provide additional revenues for the payment of bonds	114852
or notes issued in anticipation of bonds issued by a convention	114853
facilities authority established by the board of county	114854
commissioners under Chapter 351. of the Revised Code and to	114855
provide additional operating revenues for the convention	114856
facilities authority;	114857

(2) To provide additional revenues for a transit authority	114858
operating in the county;	114859

(3) To provide additional revenue for the county's general	114860
fund;	114861

(4) To provide additional revenue for permanent improvements	114862
within the county to be distributed by the community improvements	114863
board in accordance with section 307.283 and to pay principal,	114864
interest, and premium on bonds issued under section 307.284 of the	114865
Revised Code;	114866

(5) To provide additional revenue for the acquisition,	114867
construction, equipping, or repair of any specific permanent	114868
improvement or any class or group of permanent improvements, which	114869
improvement or class or group of improvements shall be enumerated	114870
in the resolution required by division (D) of this section, and to	114871
pay principal, interest, premium, and other costs associated with	114872
the issuance of bonds or notes in anticipation of bonds issued	114873
pursuant to Chapter 133. of the Revised Code for the acquisition,	114874
construction, equipping, or repair of the specific permanent	114875
improvement or class or group of permanent improvements;	114876

(6) To provide revenue for the implementation and operation	114877
of a 9-1-1 system in the county. If the tax is levied or the rate	114878
increased exclusively for such purpose, the tax shall not be	114879
levied or the rate increased for more than five years. At the end	114880
of the last year the tax is levied or the rate increased, any	114881
balance remaining in the special fund established for such purpose	114882
shall remain in that fund and be used exclusively for such purpose	114883
until the fund is completely expended, and, notwithstanding	114884
section 5705.16 of the Revised Code, the board of county	114885
commissioners shall not petition for the transfer of money from	114886
such special fund, and the tax commissioner shall not approve such	114887
a petition.	114888

If the tax is levied or the rate increased for such purpose	114889
for more than five years, the board of county commissioners also	114890
shall levy the tax or increase the rate of the tax for one or more	114891
of the purposes described in divisions (A)(1) to (5) of this	114892
section and shall prescribe the method for allocating the revenues	114893
from the tax each year in the manner required by division (C) of	114894
this section.	114895

(7) To provide additional revenue for the operation or	114896
maintenance of a detention facility, as that term is defined under	114897
division (F) of section 2921.01 of the Revised Code;	114898

(8) To provide revenue to finance the construction or	114899
renovation of a sports facility, but only if the tax is levied for	114900
that purpose in the manner prescribed by section 5739.028 of the	114901
Revised Code.	114902

As used in division (A)(8) of this section:

114903

(a) "Sports facility" means a facility intended to house	114904
major league professional athletic teams.	114905

(b) "Constructing" or "construction" includes providing	114906
fixtures, furnishings, and equipment.	114907

(9) To provide additional revenue for the acquisition of	114908
agricultural easements, as defined in section 5301.67 of the	114909
Revised Code; to pay principal, interest, and premium on bonds	114910
issued under section 133.60 of the Revised Code; and for the	114911
supervision and enforcement of agricultural easements held by the	114912
county;	114913

(10) To provide revenue for the provision of ambulance,	114914
paramedic, or other emergency medical services;	114915

(11) To provide revenue for the operation of a lake	114916
facilities authority and the remediation of an impacted watershed	114917
by a lake facilities authority, as provided in Chapter 353. of the	114918
Revised Code.	114919

Pursuant to section 755.171 of the Revised Code, a board of	114920
county commissioners may pledge and contribute revenue from a tax	114921
levied for the purpose of division (A)(5) of this section to the	114922
payment of debt charges on bonds issued under section 755.17 of	114923
the Revised Code.	114924

The rate of tax shall be a multiple of one-fourth of one per	114925
cent, unless a portion of the rate of an existing tax levied under	114926
section 5739.023 of the Revised Code has been reduced, and the	114927
rate of tax levied under this section has been increased, pursuant	114928
to section 5739.028 of the Revised Code, in which case the	114929
aggregate of the rates of tax levied under this section and	114930
section 5739.023 of the Revised Code shall be a multiple of	114931
one-fourth of one per cent. The tax shall be levied and the rate	114932
increased pursuant to a resolution adopted by a majority of the	114933
members of the board. The board shall deliver a certified copy of	114934
the resolution to the tax commissioner, not later than the	114935
sixty-fifth day prior to the date on which the tax is to become	114936
effective, which shall be the first day of a calendar quarter.	114937

Prior to the adoption of any resolution to levy the tax or to	114938
increase the rate of tax exclusively for the purpose set forth in	114939
division (A)(3) of this section, the board of county commissioners	114940
shall conduct two public hearings on the resolution, the second	114941
hearing to be no fewer than three nor more than ten days after the	114942
first. Notice of the date, time, and place of the hearings shall	114943
be given by publication in a newspaper of general circulation in	114944
the county, or as provided in section 7.16 of the Revised Code,	114945
once a week on the same day of the week for two consecutive weeks.	114946
The second publication shall be no fewer than ten nor more than	114947
thirty days prior to the first hearing. Except as provided in	114948
division (E) of this section, the resolution shall be subject to a	114949
referendum as provided in sections 305.31 to 305.41 of the Revised	114950
Code. If the resolution is adopted as an emergency measure	114951
necessary for the immediate preservation of the public peace,	114952
health, or safety, it must receive an affirmative vote of all of	114953
the members of the board of county commissioners and shall state	114954
the reasons for the necessity.	114955

If the tax is for more than one of the purposes set forth in	114956
divisions (A)(1) to (7), (9), and (10) of this section, or is	114957
exclusively for one of the purposes set forth in division (A)(1),	114958
(2), (4), (5), (6), (7), (9), or (10) of this section, the	114959
resolution shall not go into effect unless it is approved by a	114960
majority of the electors voting on the question of the tax.	114961

(B) The board of county commissioners shall adopt a	114962
resolution under section 351.02 of the Revised Code creating the	114963
convention facilities authority, or under section 307.283 of the	114964
Revised Code creating the community improvements board, before	114965
adopting a resolution levying a tax for the purpose of a	114966
convention facilities authority under division (A)(1) of this	114967
section or for the purpose of a community improvements board under	114968
division (A)(4) of this section.	114969

(C)(1) If the tax is to be used for more than one of the	114970
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	114971
this section, the board of county commissioners shall establish	114972
the method that will be used to determine the amount or proportion	114973
of the tax revenue received by the county during each year that	114974
will be distributed for each of those purposes, including, if	114975
applicable, provisions governing the reallocation of a convention	114976
facilities authority's allocation if the authority is dissolved	114977
while the tax is in effect. The allocation method may provide that	114978
different proportions or amounts of the tax shall be distributed	114979
among the purposes in different years, but it shall clearly	114980
describe the method that will be used for each year. Except as	114981
otherwise provided in division (C)(2) of this section, the	114982
allocation method established by the board is not subject to	114983
amendment during the life of the tax.	114984

(2) Subsequent to holding a public hearing on the proposed	114985
amendment, the board of county commissioners may amend the	114986
allocation method established under division (C)(1) of this	114987
section for any year, if the amendment is approved by the	114988
governing board of each entity whose allocation for the year would	114989
be reduced by the proposed amendment. In the case of a tax that is	114990
levied for a continuing period of time, the board may not so amend	114991
the allocation method for any year before the sixth year that the	114992
tax is in effect.	114993

(a) If the additional revenues provided to the convention	114994
facilities authority are pledged by the authority for the payment	114995
of convention facilities authority revenue bonds for as long as	114996
such bonds are outstanding, no reduction of the authority's	114997
allocation of the tax shall be made for any year except to the	114998
extent that the reduced authority allocation, when combined with	114999
the authority's other revenues pledged for that purpose, is	115000
sufficient to meet the debt service requirements for that year on	115001
such bonds.	115002

(b) If the additional revenues provided to the county are	115003
pledged by the county for the payment of bonds or notes described	115004
in division (A)(4) or (5) of this section, for as long as such	115005
bonds or notes are outstanding, no reduction of the county's or	115006
the community improvements board's allocation of the tax shall be	115007
made for any year, except to the extent that the reduced county or	115008
community improvements board allocation is sufficient to meet the	115009
debt service requirements for that year on such bonds or notes.	115010

(c) If the additional revenues provided to the transit	115011
authority are pledged by the authority for the payment of revenue	115012
bonds issued under section 306.37 of the Revised Code, for as long	115013
as such bonds are outstanding, no reduction of the authority's	115014
allocation of tax shall be made for any year, except to the extent	115015
that the authority's reduced allocation, when combined with the	115016
authority's other revenues pledged for that purpose, is sufficient	115017
to meet the debt service requirements for that year on such bonds.	115018

(d) If the additional revenues provided to the county are	115019
pledged by the county for the payment of bonds or notes issued	115020
under section 133.60 of the Revised Code, for so long as the bonds	115021
or notes are outstanding, no reduction of the county's allocation	115022
of the tax shall be made for any year, except to the extent that	115023
the reduced county allocation is sufficient to meet the debt	115024
service requirements for that year on the bonds or notes.	115025

(D)(1) The resolution levying the tax or increasing the rate	115026
of tax shall state the rate of the tax or the rate of the	115027
increase; the purpose or purposes for which it is to be levied;	115028
the number of years for which it is to be levied or that it is for	115029
a continuing period of time; the allocation method required by	115030
division (C) of this section; and if required to be submitted to	115031
the electors of the county under division (A) of this section, the	115032
date of the election at which the proposal shall be submitted to	115033
the electors of the county, which shall be not less than ninety	115034
days after the certification of a copy of the resolution to the	115035
board of elections and, if the tax is to be levied exclusively for	115036
the purpose set forth in division (A)(3) of this section, shall	115037
not occur in February or August of any year. Upon certification of	115038
the resolution to the board of elections, the board of county	115039
commissioners shall notify the tax commissioner in writing of the	115040
levy question to be submitted to the electors. If approved by a	115041
majority of the electors, the tax shall become effective on the	115042
first day of a calendar quarter next following the sixty-fifth day	115043
following the date the board of county commissioners and tax	115044
commissioner receive from the board of elections the certification	115045
of the results of the election, except as provided in division (E)	115046
of this section.	115047

(2)(a) A resolution specifying that the tax is to be used	115048
exclusively for the purpose set forth in division (A)(3) of this	115049
section that is not adopted as an emergency measure may direct the	115050
board of elections to submit the question of levying the tax or	115051
increasing the rate of the tax to the electors of the county at a	115052
special election held on the date specified by the board of county	115053
commissioners in the resolution, provided that the election occurs	115054
not less than ninety days after the resolution is certified to the	115055
board of elections and the election is not held in February or	115056
August of any year. Upon certification of the resolution to the	115057
board of elections, the board of county commissioners shall notify	115058
the tax commissioner in writing of the levy question to be	115059
submitted to the electors. No resolution adopted under division	115060
(D)(2)(a) of this section shall go into effect unless approved by	115061
a majority of those voting upon it and, except as provided in	115062
division (E) of this section, not until the first day of a	115063
calendar quarter following the expiration of sixty-five days from	115064
the date the tax commissioner receives notice from the board of	115065
elections of the affirmative vote.	115066

(b) A resolution specifying that the tax is to be used	115067
exclusively for the purpose set forth in division (A)(3) of this	115068
section that is adopted as an emergency measure shall become	115069
effective as provided in division (A) of this section, but may	115070
direct the board of elections to submit the question of repealing	115071
the tax or increase in the rate of the tax to the electors of the	115072
county at the next general election in the county occurring not	115073
less than ninety days after the resolution is certified to the	115074
board of elections. Upon certification of the resolution to the	115075
board of elections, the board of county commissioners shall notify	115076
the tax commissioner in writing of the levy question to be	115077
submitted to the electors. The ballot question shall be the same	115078
as that prescribed in section 5739.022 of the Revised Code. The	115079
board of elections shall notify the board of county commissioners	115080
and the tax commissioner of the result of the election immediately	115081
after the result has been declared. If a majority of the qualified	115082
electors voting on the question of repealing the tax or increase	115083
in the rate of the tax vote for repeal of the tax or repeal of the	115084
increase, the board of county commissioners, on the first day of a	115085
calendar quarter following the expiration of sixty-five days after	115086
the date the board and tax commissioner received notice of the	115087
result of the election, shall, in the case of a repeal of the tax,	115088
cease to levy the tax, or, in the case of a repeal of an increase	115089
in the rate of the tax, cease to levy the increased rate and levy	115090
the tax at the rate at which it was imposed immediately prior to	115091
the increase in rate.	115092

(c) A board of county commissioners, by resolution, may	115093
reduce the rate of a tax levied exclusively for the purpose set	115094
forth in division (A)(3) of this section to a lower rate	115095
authorized by this section. Any such reduction shall be made	115096
effective on the first day of the calendar quarter next following	115097
the sixty-fifth day after the tax commissioner receives a	115098
certified copy of the resolution from the board.	115099

(E) If a vendor makes a sale in this state by printed catalog	115100
and the consumer computed the tax on the sale based on local rates	115101
published in the catalog, any tax levied or repealed or rate	115102
changed under this section shall not apply to such a sale until	115103
the first day of a calendar quarter following the expiration of	115104
one hundred twenty days from the date of notice by the tax	115105
commissioner pursuant to division (G) of this section.	115106

(F) The tax levied pursuant to this section shall be in	115107
addition to the tax levied by section 5739.02 of the Revised Code	115108
and any tax levied pursuant to section 5739.021 or 5739.023 of the	115109
Revised Code.	115110

A county that levies a tax pursuant to this section shall	115111
levy a tax at the same rate pursuant to section 5741.023 of the	115112
Revised Code.	115113

The additional tax levied by the county shall be collected	115114
pursuant to section 5739.025 of the Revised Code.	115115

Any tax levied pursuant to this section is subject to the	115116
exemptions provided in section 5739.02 of the Revised Code and in	115117
addition shall not be applicable to sales not within the taxing	115118
power of a county under the Constitution of the United States or	115119
the Ohio Constitution.	115120

(G) Upon receipt from a board of county commissioners of a	115121
certified copy of a resolution required by division (A) of this	115122
section, or from the board of elections a notice of the results of	115123
an election required by division (D)(1), (2)(a), (b), or (c) of	115124
this section, the tax commissioner shall provide notice of a tax	115125
rate change in a manner that is reasonably accessible to all	115126
affected vendors. The commissioner shall provide this notice at	115127
least sixty days prior to the effective date of the rate change.	115128
The commissioner, by rule, may establish the method by which	115129
notice will be provided.	115130

Sec. 5739.081. A legislative authority of a municipal	115131
corporation may not adopt or amend a resolution or ordinance	115132
levying a tax on transactions by which lodging by a hotel is or is	115133
to be furnished to transient guests pursuant to section 5739.08 of	115134
the Revised Code on or after October 1, 2013, unless the	115135
legislative authority levies the tax on any transaction by which a	115136
transient guest obtains or will obtain lodging in a hotel using a	115137
hotel intermediary. The legislative authority shall levy the tax	115138
on any amount the purchaser pays to the hotel intermediary for the	115139
intermediary's services plus any amount paid for the furnishing of	115140
lodging in a hotel to the transient guest.	115141

The hotel intermediary shall collect and remit all tax paid	115142
by the purchaser to the municipal corporation that levies the tax	115143
pursuant to section 5739.08 of the Revised Code. If the hotel	115144
intermediary does not collect or remit the full amount of tax, the	115145
hotel in which the transient guest will lodge shall collect and	115146
remit to the municipal corporation the uncollected or unremitted	115147
tax.	115148

Sec. 5739.09. (A)(1) A board of county commissioners may, by	115149
resolution adopted by a majority of the members of the board, levy	115150
an excise tax not to exceed three per cent on transactions by	115151
which lodging by a hotel is or is to be furnished to transient	115152
guests. The board shall establish all regulations necessary to	115153
provide for the administration and allocation of the tax. The	115154
regulations may prescribe the time for payment of the tax, and may	115155
provide for the imposition of a penalty or interest, or both, for	115156
late payments, provided that the penalty does not exceed ten per	115157
cent of the amount of tax due, and the rate at which interest	115158
accrues does not exceed the rate per annum prescribed pursuant to	115159
section 5703.47 of the Revised Code. Except as provided in	115160
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	115161
regulations shall provide, after deducting the real and actual	115162
costs of administering the tax, for the return to each municipal	115163
corporation or township that does not levy an excise tax on the	115164
transactions, a uniform percentage of the tax collected in the	115165
municipal corporation or in the unincorporated portion of the	115166
township from each transaction, not to exceed thirty-three and	115167
one-third per cent. The remainder of the revenue arising from the	115168
tax shall be deposited in a separate fund and shall be spent	115169
solely to make contributions to the convention and visitors'	115170
bureau operating within the county, including a pledge and	115171
contribution of any portion of the remainder pursuant to an	115172
agreement authorized by section 307.695 of the Revised Code,	115173
provided that if the board of county commissioners of an eligible	115174
county as defined in section 307.695 of the Revised Code adopts a	115175
resolution amending a resolution levying a tax under this division	115176
to provide that the revenue from the tax shall be used by the	115177
board as described in division (H) of section 307.695 of the	115178
Revised Code, the remainder of the revenue shall be used as	115179
described in the resolution making that amendment. Except as	115180
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	115181
this section, on and after May 10, 1994, a board of county	115182
commissioners may not levy an excise tax pursuant to this division	115183
in any municipal corporation or township located wholly or partly	115184
within the county that has in effect an ordinance or resolution	115185
levying an excise tax pursuant to division (B) of this section.	115186
The board of a county that has levied a tax under division (C) of	115187
this section may, by resolution adopted within ninety days after	115188
July 15, 1985, by a majority of the members of the board, amend	115189
the resolution levying a tax under this division to provide for a	115190
portion of that tax to be pledged and contributed in accordance	115191
with an agreement entered into under section 307.695 of the	115192
Revised Code. A tax, any revenue from which is pledged pursuant to	115193
such an agreement, shall remain in effect at the rate at which it	115194
is imposed for the duration of the period for which the revenue	115195
from the tax has been so pledged.	115196

The board of county commissioners of an eligible county as	115197
defined in section 307.695 of the Revised Code may, by resolution	115198
adopted by a majority of the members of the board, amend a	115199
resolution levying a tax under this division to provide that the	115200
revenue from the tax shall be used by the board as described in	115201
division (H) of section 307.695 of the Revised Code, in which case	115202
the tax shall remain in effect at the rate at which it was imposed	115203
for the duration of any agreement entered into by the board under	115204
section 307.695 of the Revised Code, the duration during which any	115205
securities issued by the board under that section are outstanding,	115206
or the duration of the period during which the board owns a	115207
project as defined in section 307.695 of the Revised Code,	115208
whichever duration is longest.	115209

(2) A board of county commissioners that levies an excise tax	115210
under division (A)(1) of this section on June 30, 1997, at a rate	115211
of three per cent, and that has pledged revenue from the tax to an	115212
agreement entered into under section 307.695 of the Revised Code	115213
or, in the case of the board of county commissioners of an	115214
eligible county as defined in section 307.695 of the Revised Code,	115215
has amended a resolution levying a tax under division (C) of this	115216
section to provide that proceeds from the tax shall be used by the	115217
board as described in division (H) of section 307.695 of the	115218
Revised Code, may, at any time by a resolution adopted by a	115219
majority of the members of the board, amend the resolution levying	115220
a tax under division (A)(1) of this section to provide for an	115221
increase in the rate of that tax up to seven per cent on each	115222
transaction; to provide that revenue from the increase in the rate	115223
shall be used as described in division (H) of section 307.695 of	115224
the Revised Code or be spent solely to make contributions to the	115225
convention and visitors' bureau operating within the county to be	115226
used specifically for promotion, advertising, and marketing of the	115227
region in which the county is located; and to provide that the	115228
rate in excess of the three per cent levied under division (A)(1)	115229
of this section shall remain in effect at the rate at which it is	115230
imposed for the duration of the period during which any agreement	115231
is in effect that was entered into under section 307.695 of the	115232
Revised Code by the board of county commissioners levying a tax	115233
under division (A)(1) of this section, the duration of the period	115234
during which any securities issued by the board under division (I)	115235
of section 307.695 of the Revised Code are outstanding, or the	115236
duration of the period during which the board owns a project as	115237
defined in section 307.695 of the Revised Code, whichever duration	115238
is longest. The amendment also shall provide that no portion of	115239
that revenue need be returned to townships or municipal	115240
corporations as would otherwise be required under division (A)(1)	115241
of this section.	115242

(3) A board of county commissioners that levies a tax under	115243
division (A)(1) of this section on March 18, 1999, at a rate of	115244
three per cent may, by resolution adopted not later than	115245
forty-five days after March 18, 1999, amend the resolution levying	115246
the tax to provide for all of the following:	115247

(a) That the rate of the tax shall be increased by not more	115248
than an additional four per cent on each transaction;	115249

(b) That all of the revenue from the increase in the rate	115250
shall be pledged and contributed to a convention facilities	115251
authority established by the board of county commissioners under	115252
Chapter 351. of the Revised Code on or before November 15, 1998,	115253
and used to pay costs of constructing, maintaining, operating, and	115254
promoting a facility in the county, including paying bonds, or	115255
notes issued in anticipation of bonds, as provided by that	115256
chapter;	115257

(c) That no portion of the revenue arising from the increase	115258
in rate need be returned to municipal corporations or townships as	115259
otherwise required under division (A)(1) of this section;	115260

(d) That the increase in rate shall not be subject to	115261
diminution by initiative or referendum or by law while any bonds,	115262
or notes in anticipation of bonds, issued by the authority under	115263
Chapter 351. of the Revised Code to which the revenue is pledged,	115264
remain outstanding in accordance with their terms, unless	115265
provision is made by law or by the board of county commissioners	115266
for an adequate substitute therefor that is satisfactory to the	115267
trustee if a trust agreement secures the bonds.	115268

Division (A)(3) of this section does not apply to the board	115269
of county commissioners of any county in which a convention center	115270
or facility exists or is being constructed on November 15, 1998,	115271
or of any county in which a convention facilities authority levies	115272
a tax pursuant to section 351.021 of the Revised Code on that	115273
date.	115274

As used in division (A)(3) of this section, "cost" and	115275
"facility" have the same meanings as in section 351.01 of the	115276
Revised Code, and "convention center" has the same meaning as in	115277
section 307.695 of the Revised Code.	115278

(4)(a) A board of county commissioners that levies a tax	115279
under division (A)(1) of this section on June 30, 2002, at a rate	115280
of three per cent may, by resolution adopted not later than	115281
September 30, 2002, amend the resolution levying the tax to	115282
provide for all of the following:	115283

(i) That the rate of the tax shall be increased by not more	115284
than an additional three and one-half per cent on each	115285
transaction;	115286

(ii) That all of the revenue from the increase in rate shall	115287
be pledged and contributed to a convention facilities authority	115288
established by the board of county commissioners under Chapter	115289
351. of the Revised Code on or before May 15, 2002, and be used to	115290
pay costs of constructing, expanding, maintaining, operating, or	115291
promoting a convention center in the county, including paying	115292
bonds, or notes issued in anticipation of bonds, as provided by	115293
that chapter;	115294

(iii) That no portion of the revenue arising from the	115295
increase in rate need be returned to municipal corporations or	115296
townships as otherwise required under division (A)(1) of this	115297
section;	115298

(iv) That the increase in rate shall not be subject to	115299
diminution by initiative or referendum or by law while any bonds,	115300
or notes in anticipation of bonds, issued by the authority under	115301
Chapter 351. of the Revised Code to which the revenue is pledged,	115302
remain outstanding in accordance with their terms, unless	115303
provision is made by law or by the board of county commissioners	115304
for an adequate substitute therefor that is satisfactory to the	115305
trustee if a trust agreement secures the bonds.	115306

(b) Any board of county commissioners that, pursuant to	115307
division (A)(4)(a) of this section, has amended a resolution	115308
levying the tax authorized by division (A)(1) of this section may	115309
further amend the resolution to provide that the revenue referred	115310
to in division (A)(4)(a)(ii) of this section shall be pledged and	115311
contributed both to a convention facilities authority to pay the	115312
costs of constructing, expanding, maintaining, or operating one or	115313
more convention centers in the county, including paying bonds, or	115314
notes issued in anticipation of bonds, as provided in Chapter 351.	115315
of the Revised Code, and to a convention and visitors' bureau to	115316
pay the costs of promoting one or more convention centers in the	115317
county.	115318

As used in division (A)(4) of this section, "cost" has the	115319
same meaning as in section 351.01 of the Revised Code, and	115320
"convention center" has the same meaning as in section 307.695 of	115321
the Revised Code.	115322

(5)(a) As used in division (A)(5) of this section:

115323

(i) "Port authority" means a port authority created under	115324
Chapter 4582. of the Revised Code.	115325

(ii) "Port authority military-use facility" means port	115326
authority facilities on which or adjacent to which is located an	115327
installation of the armed forces of the United States, a reserve	115328
component thereof, or the national guard and at least part of	115329
which is made available for use, for consideration, by the armed	115330
forces of the United States, a reserve component thereof, or the	115331
national guard.	115332

(b) For the purpose of contributing revenue to pay operating	115333
expenses of a port authority that operates a port authority	115334
military-use facility, the board of county commissioners of a	115335
county that created, participated in the creation of, or has	115336
joined such a port authority may do one or both of the following:	115337

(i) Amend a resolution previously adopted under division	115338
(A)(1) of this section to designate some or all of the revenue	115339
from the tax levied under the resolution to be used for that	115340
purpose, notwithstanding that division;	115341

(ii) Amend a resolution previously adopted under division	115342
(A)(1) of this section to increase the rate of the tax by not more	115343
than an additional two per cent and use the revenue from the	115344
increase exclusively for that purpose.	115345

(c) If a board of county commissioners amends a resolution to	115346
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	115347
of this section, the board also may amend the resolution to	115348
specify that the increase in rate of the tax does not apply to	115349
"hotels," as otherwise defined in section 5739.01 of the Revised	115350
Code, having fewer rooms used for the accommodation of guests than	115351
a number of rooms specified by the board.	115352

(6) A board of county commissioners of a county organized	115353
under a county charter adopted pursuant to Article X, Section 3,	115354
Ohio Constitution, and that levies an excise tax under division	115355
(A)(1) of this section at a rate of three per cent and levies an	115356
additional excise tax under division (E) of this section at a rate	115357
of one and one-half per cent may, by resolution adopted not later	115358
than January 1, 2008, by a majority of the members of the board,	115359
amend the resolution levying a tax under division (A)(1) of this	115360
section to provide for an increase in the rate of that tax by not	115361
more than an additional one per cent on transactions by which	115362
lodging by a hotel is or is to be furnished to transient guests.	115363
Notwithstanding divisions (A)(1) and (E) of this section, the	115364
resolution shall provide that all of the revenue from the increase	115365
in rate, after deducting the real and actual costs of	115366
administering the tax, shall be used to pay the costs of	115367
improving, expanding, equipping, financing, or operating a	115368
convention center by a convention and visitors' bureau in the	115369
county. The increase in rate shall remain in effect for the period	115370
specified in the resolution, not to exceed ten years. The increase	115371
in rate shall be subject to the regulations adopted under division	115372
(A)(1) of this section, except that the resolution may provide	115373
that no portion of the revenue from the increase in the rate shall	115374
be returned to townships or municipal corporations as would	115375
otherwise be required under that division.	115376

(7) Division (A)(7) of this section applies only to a county	115377
with a population greater than sixty-five thousand and less than	115378
seventy thousand according to the most recent federal decennial	115379
census and in which, on December 31, 2006, an excise tax is levied	115380
under division (A)(1) of this section at a rate not less than and	115381
not greater than three per cent, and in which the most recent	115382
increase in the rate of that tax was enacted or took effect in	115383
November 1984.	115384

The board of county commissioners of a county to which this	115385
division applies, by resolution adopted by a majority of the	115386
members of the board, may increase the rate of the tax by not more	115387
than one per cent on transactions by which lodging by a hotel is	115388
or is to be furnished to transient guests. The increase in rate	115389
shall be for the purpose of paying expenses deemed necessary by	115390
the convention and visitors' bureau operating in the county to	115391
promote travel and tourism. The increase in rate shall remain in	115392
effect for the period specified in the resolution, not to exceed	115393
twenty years, provided that the increase in rate may not continue	115394
beyond the time when the purpose for which the increase is levied	115395
ceases to exist. If revenue from the increase in rate is pledged	115396
to the payment of debt charges on securities, the increase in rate	115397
is not subject to diminution by initiative or referendum or by law	115398
for so long as the securities are outstanding, unless provision is	115399
made by law or by the board of county commissioners for an	115400
adequate substitute for that revenue that is satisfactory to the	115401
trustee if a trust agreement secures payment of the debt charges.	115402
The increase in rate shall be subject to the regulations adopted	115403
under division (A)(1) of this section, except that the resolution	115404
may provide that no portion of the revenue from the increase in	115405
the rate shall be returned to townships or municipal corporations	115406
as would otherwise be required under division (A)(1) of this	115407
section. A resolution adopted under division (A)(7) of this	115408
section is subject to referendum under sections 305.31 to 305.99	115409
of the Revised Code.	115410

(B)(1) The legislative authority of a municipal corporation	115411
or the board of trustees of a township that is not wholly or	115412
partly located in a county that has in effect a resolution levying	115413
an excise tax pursuant to division (A)(1) of this section may, by	115414
ordinance or resolution, levy an excise tax not to exceed three	115415
per cent on transactions by which lodging by a hotel is or is to	115416
be furnished to transient guests. The legislative authority of the	115417
municipal corporation or the board of trustees of the township	115418
shall deposit at least fifty per cent of the revenue from the tax	115419
levied pursuant to this division into a separate fund, which shall	115420
be spent solely to make contributions to convention and visitors'	115421
bureaus operating within the county in which the municipal	115422
corporation or township is wholly or partly located, and the	115423
balance of that revenue shall be deposited in the general fund.	115424
The municipal corporation or township shall establish all	115425
regulations necessary to provide for the administration and	115426
allocation of the tax. The regulations may prescribe the time for	115427
payment of the tax, and may provide for the imposition of a	115428
penalty or interest, or both, for late payments, provided that the	115429
penalty does not exceed ten per cent of the amount of tax due, and	115430
the rate at which interest accrues does not exceed the rate per	115431
annum prescribed pursuant to section 5703.47 of the Revised Code.	115432
The levy of a tax under this division is in addition to any tax	115433
imposed on the same transaction by a municipal corporation or a	115434
township as authorized by division (A) of section 5739.08 of the	115435
Revised Code.	115436

(2)(a) The legislative authority of the most populous	115437
municipal corporation located wholly or partly in a county in	115438
which the board of county commissioners has levied a tax under	115439
division (A)(4) of this section may amend, on or before September	115440
30, 2002, that municipal corporation's ordinance or resolution	115441
that levies an excise tax on transactions by which lodging by a	115442
hotel is or is to be furnished to transient guests, to provide for	115443
all of the following:	115444

(i) That the rate of the tax shall be increased by not more	115445
than an additional one per cent on each transaction;	115446

(ii) That all of the revenue from the increase in rate shall	115447
be pledged and contributed to a convention facilities authority	115448
established by the board of county commissioners under Chapter	115449
351. of the Revised Code on or before May 15, 2002, and be used to	115450
pay costs of constructing, expanding, maintaining, operating, or	115451
promoting a convention center in the county, including paying	115452
bonds, or notes issued in anticipation of bonds, as provided by	115453
that chapter;	115454

(iii) That the increase in rate shall not be subject to	115455
diminution by initiative or referendum or by law while any bonds,	115456
or notes in anticipation of bonds, issued by the authority under	115457
Chapter 351. of the Revised Code to which the revenue is pledged,	115458
remain outstanding in accordance with their terms, unless	115459
provision is made by law, by the board of county commissioners, or	115460
by the legislative authority, for an adequate substitute therefor	115461
that is satisfactory to the trustee if a trust agreement secures	115462
the bonds.	115463

(b) The legislative authority of a municipal corporation	115464
that, pursuant to division (B)(2)(a) of this section, has amended	115465
its ordinance or resolution to increase the rate of the tax	115466
authorized by division (B)(1) of this section may further amend	115467
the ordinance or resolution to provide that the revenue referred	115468
to in division (B)(2)(a)(ii) of this section shall be pledged and	115469
contributed both to a convention facilities authority to pay the	115470
costs of constructing, expanding, maintaining, or operating one or	115471
more convention centers in the county, including paying bonds, or	115472
notes issued in anticipation of bonds, as provided in Chapter 351.	115473
of the Revised Code, and to a convention and visitors' bureau to	115474
pay the costs of promoting one or more convention centers in the	115475
county.	115476

As used in division (B)(2) of this section, "cost" has the	115477
same meaning as in section 351.01 of the Revised Code, and	115478
"convention center" has the same meaning as in section 307.695 of	115479
the Revised Code.	115480

(C) For the purposes described in section 307.695 of the	115481
Revised Code and to cover the costs of administering the tax, a	115482
board of county commissioners of a county where a tax imposed	115483
under division (A)(1) of this section is in effect may, by	115484
resolution adopted within ninety days after July 15, 1985, by a	115485
majority of the members of the board, levy an additional excise	115486
tax not to exceed three per cent on transactions by which lodging	115487
by a hotel is or is to be furnished to transient guests. The tax	115488
authorized by this division shall be in addition to any tax that	115489
is levied pursuant to division (A) of this section, but it shall	115490
not apply to transactions subject to a tax levied by a municipal	115491
corporation or township pursuant to the authorization granted by	115492
division (A) of section 5739.08 of the Revised Code. The board	115493
shall establish all regulations necessary to provide for the	115494
administration and allocation of the tax. The regulations may	115495
prescribe the time for payment of the tax, and may provide for the	115496
imposition of a penalty or interest, or both, for late payments,	115497
provided that the penalty does not exceed ten per cent of the	115498
amount of tax due, and the rate at which interest accrues does not	115499
exceed the rate per annum prescribed pursuant to section 5703.47	115500
of the Revised Code. All revenues arising from the tax shall be	115501
expended in accordance with section 307.695 of the Revised Code.	115502
The board of county commissioners of an eligible county as defined	115503
in section 307.695 of the Revised Code may, by resolution adopted	115504
by a majority of the members of the board, amend the resolution	115505
levying a tax under this division to provide that the revenue from	115506
the tax shall be used by the board as described in division (H) of	115507
section 307.695 of the Revised Code. A tax imposed under this	115508
division shall remain in effect at the rate at which it is imposed	115509
for the duration of the period during which any agreement entered	115510
into by the board under section 307.695 of the Revised Code is in	115511
effect, the duration of the period during which any securities	115512
issued by the board under division (I) of section 307.695 of the	115513
Revised Code are outstanding, or the duration of the period during	115514
which the board owns a project as defined in section 307.695 of	115515
the Revised Code, whichever duration is longest.	115516

(D) For the purpose of providing contributions under division	115517
(B)(1) of section 307.671 of the Revised Code to enable the	115518
acquisition, construction, and equipping of a port authority	115519
educational and cultural facility in the county and, to the extent	115520
provided for in the cooperative agreement authorized by that	115521
section, for the purpose of paying debt service charges on bonds,	115522
or notes in anticipation of bonds, described in division (B)(1)(b)	115523
of that section, a board of county commissioners, by resolution	115524
adopted within ninety days after December 22, 1992, by a majority	115525
of the members of the board, may levy an additional excise tax not	115526
to exceed one and one-half per cent on transactions by which	115527
lodging by a hotel is or is to be furnished to transient guests.	115528
The excise tax authorized by this division shall be in addition to	115529
any tax that is levied pursuant to divisions (A), (B), and (C) of	115530
this section, to any excise tax levied pursuant to section 5739.08	115531
of the Revised Code, and to any excise tax levied pursuant to	115532
section 351.021 of the Revised Code. The board of county	115533
commissioners shall establish all regulations necessary to provide	115534
for the administration and allocation of the tax that are not	115535
inconsistent with this section or section 307.671 of the Revised	115536
Code. The regulations may prescribe the time for payment of the	115537
tax, and may provide for the imposition of a penalty or interest,	115538
or both, for late payments, provided that the penalty does not	115539
exceed ten per cent of the amount of tax due, and the rate at	115540
which interest accrues does not exceed the rate per annum	115541
prescribed pursuant to section 5703.47 of the Revised Code. All	115542
revenues arising from the tax shall be expended in accordance with	115543
section 307.671 of the Revised Code and division (D) of this	115544
section. The levy of a tax imposed under this division may not	115545
commence prior to the first day of the month next following the	115546
execution of the cooperative agreement authorized by section	115547
307.671 of the Revised Code by all parties to that agreement. The	115548
tax shall remain in effect at the rate at which it is imposed for	115549
the period of time described in division (C) of section 307.671 of	115550
the Revised Code for which the revenue from the tax has been	115551
pledged by the county to the corporation pursuant to that section,	115552
but, to any extent provided for in the cooperative agreement, for	115553
no lesser period than the period of time required for payment of	115554
the debt service charges on bonds, or notes in anticipation of	115555
bonds, described in division (B)(1)(b) of that section.	115556

(E) For the purpose of paying the costs of acquiring,	115557
constructing, equipping, and improving a municipal educational and	115558
cultural facility, including debt service charges on bonds	115559
provided for in division (B) of section 307.672 of the Revised	115560
Code, and for any additional purposes determined by the county in	115561
the resolution levying the tax or amendments to the resolution,	115562
including subsequent amendments providing for paying costs of	115563
acquiring, constructing, renovating, rehabilitating, equipping,	115564
and improving a port authority educational and cultural performing	115565
arts facility, as defined in section 307.674 of the Revised Code,	115566
and including debt service charges on bonds provided for in	115567
division (B) of section 307.674 of the Revised Code, the	115568
legislative authority of a county, by resolution adopted within	115569
ninety days after June 30, 1993, by a majority of the members of	115570
the legislative authority, may levy an additional excise tax not	115571
to exceed one and one-half per cent on transactions by which	115572
lodging by a hotel is or is to be furnished to transient guests.	115573
The excise tax authorized by this division shall be in addition to	115574
any tax that is levied pursuant to divisions (A), (B), (C), and	115575
(D) of this section, to any excise tax levied pursuant to section	115576
5739.08 of the Revised Code, and to any excise tax levied pursuant	115577
to section 351.021 of the Revised Code. The legislative authority	115578
of the county shall establish all regulations necessary to provide	115579
for the administration and allocation of the tax. The regulations	115580
may prescribe the time for payment of the tax, and may provide for	115581
the imposition of a penalty or interest, or both, for late	115582
payments, provided that the penalty does not exceed ten per cent	115583
of the amount of tax due, and the rate at which interest accrues	115584
does not exceed the rate per annum prescribed pursuant to section	115585
5703.47 of the Revised Code. All revenues arising from the tax	115586
shall be expended in accordance with section 307.672 of the	115587
Revised Code and this division. The levy of a tax imposed under	115588
this division shall not commence prior to the first day of the	115589
month next following the execution of the cooperative agreement	115590
authorized by section 307.672 of the Revised Code by all parties	115591
to that agreement. The tax shall remain in effect at the rate at	115592
which it is imposed for the period of time determined by the	115593
legislative authority of the county. That period of time shall not	115594
exceed fifteen years, except that the legislative authority of a	115595
county with a population of less than two hundred fifty thousand	115596
according to the most recent federal decennial census, by	115597
resolution adopted by a majority of its members before the	115598
original tax expires, may extend the duration of the tax for an	115599
additional period of time. The additional period of time by which	115600
a legislative authority extends a tax levied under this division	115601
shall not exceed fifteen years.	115602

(F) The legislative authority of a county that has levied a	115603
tax under division (E) of this section may, by resolution adopted	115604
within one hundred eighty days after January 4, 2001, by a	115605
majority of the members of the legislative authority, amend the	115606
resolution levying a tax under that division to provide for the	115607
use of the proceeds of that tax, to the extent that it is no	115608
longer needed for its original purpose as determined by the	115609
parties to a cooperative agreement amendment pursuant to division	115610
(D) of section 307.672 of the Revised Code, to pay costs of	115611
acquiring, constructing, renovating, rehabilitating, equipping,	115612
and improving a port authority educational and cultural performing	115613
arts facility, including debt service charges on bonds provided	115614
for in division (B) of section 307.674 of the Revised Code, and to	115615
pay all obligations under any guaranty agreements, reimbursement	115616
agreements, or other credit enhancement agreements described in	115617
division (C) of section 307.674 of the Revised Code. The	115618
resolution may also provide for the extension of the tax at the	115619
same rate for the longer of the period of time determined by the	115620
legislative authority of the county, but not to exceed an	115621
additional twenty-five years, or the period of time required to	115622
pay all debt service charges on bonds provided for in division (B)	115623
of section 307.672 of the Revised Code and on port authority	115624
revenue bonds provided for in division (B) of section 307.674 of	115625
the Revised Code. All revenues arising from the amendment and	115626
extension of the tax shall be expended in accordance with section	115627
307.674 of the Revised Code, this division, and division (E) of	115628
this section.	115629

(G) For purposes of a tax levied by a county, township, or	115630
municipal corporation under this section or section 5739.08 of the	115631
Revised Code, a board of county commissioners, board of township	115632
trustees, or the legislative authority of a municipal corporation	115633
may adopt a resolution or ordinance at any time specifying that	115634
"hotel," as otherwise defined in section 5739.01 of the Revised	115635
Code, includes the following:	115636

(1) Establishments in which fewer than five rooms are used	115637
for the accommodation of guests.	115638

(2) Establishments at which rooms are used for the	115639
accommodation of guests regardless of whether each room is	115640
accessible through its own keyed entry or several rooms are	115641
accessible through the same keyed entry; and, in determining the	115642
number of rooms, all rooms are included regardless of the number	115643
of structures in which the rooms are situated or the number of	115644
parcels of land on which the structures are located if the	115645
structures are under the same ownership and the structures are not	115646
identified in advertisements of the accommodations as distinct	115647
establishments. For the purposes of division (G)(2) of this	115648
section, two or more structures are under the same ownership if	115649
they are owned by the same person, or if they are owned by two or	115650
more persons the majority of the ownership interests of which are	115651
owned by the same person.	115652

The resolution or ordinance may apply to a tax imposed	115653
pursuant to this section prior to the adoption of the resolution	115654
or ordinance if the resolution or ordinance so states, but the tax	115655
shall not apply to transactions by which lodging by such an	115656
establishment is provided to transient guests prior to the	115657
adoption of the resolution or ordinance.	115658

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

115659

(a) "Convention facilities authority" has the same meaning as	115660
in section 351.01 of the Revised Code.	115661

(b) "Convention center" has the same meaning as in section	115662
307.695 of the Revised Code.	115663

(2) Notwithstanding any contrary provision of division (D) of	115664
this section, the legislative authority of a county with a	115665
population of one million or more according to the most recent	115666
federal decennial census that has levied a tax under division (D)	115667
of this section may, by resolution adopted by a majority of the	115668
members of the legislative authority, provide for the extension of	115669
such levy and may provide that the proceeds of that tax, to the	115670
extent that they are no longer needed for their original purpose	115671
as defined by a cooperative agreement entered into under section	115672
307.671 of the Revised Code, shall be deposited into the county	115673
general revenue fund. The resolution shall provide for the	115674
extension of the tax at a rate not to exceed the rate specified in	115675
division (D) of this section for a period of time determined by	115676
the legislative authority of the county, but not to exceed an	115677
additional forty years.	115678

(3) The legislative authority of a county with a population	115679
of one million or more that has levied a tax under division (A)(1)	115680
of this section may, by resolution adopted by a majority of the	115681
members of the legislative authority, increase the rate of the tax	115682
levied by such county under division (A)(1) of this section to a	115683
rate not to exceed five per cent on transactions by which lodging	115684
by a hotel is or is to be furnished to transient guests.	115685
Notwithstanding any contrary provision of division (A)(1) of this	115686
section, the resolution may provide that all collections resulting	115687
from the rate levied in excess of three per cent, after deducting	115688
the real and actual costs of administering the tax, shall be	115689
deposited in the county general fund.	115690

(4) The legislative authority of a county with a population	115691
of one million or more that has levied a tax under division (A)(1)	115692
of this section may, by resolution adopted on or before August 30,	115693
2004, by a majority of the members of the legislative authority,	115694
provide that all or a portion of the proceeds of the tax levied	115695
under division (A)(1) of this section, after deducting the real	115696
and actual costs of administering the tax and the amounts required	115697
to be returned to townships and municipal corporations with	115698
respect to the first three per cent levied under division (A)(1)	115699
of this section, shall be deposited in the county general fund,	115700
provided that such proceeds shall be used to satisfy any pledges	115701
made in connection with an agreement entered into under section	115702
307.695 of the Revised Code.	115703

(5) No amount collected from a tax levied, extended, or	115704
required to be deposited in the county general fund under division	115705
(H) of this section shall be contributed to a convention	115706
facilities authority, corporation, or other entity created after	115707
July 1, 2003, for the principal purpose of constructing,	115708
improving, expanding, equipping, financing, or operating a	115709
convention center unless the mayor of the municipal corporation in	115710
which the convention center is to be operated by that convention	115711
facilities authority, corporation, or other entity has consented	115712
to the creation of that convention facilities authority,	115713
corporation, or entity. Notwithstanding any contrary provision of	115714
section 351.04 of the Revised Code, if a tax is levied by a county	115715
under division (H) of this section, the board of county	115716
commissioners of that county may determine the manner of	115717
selection, the qualifications, the number, and terms of office of	115718
the members of the board of directors of any convention facilities	115719
authority, corporation, or other entity described in division	115720
(H)(5) of this section.	115721

(6)(a) No amount collected from a tax levied, extended, or	115722
required to be deposited in the county general fund under division	115723
(H) of this section may be used for any purpose other than paying	115724
the direct and indirect costs of constructing, improving,	115725
expanding, equipping, financing, or operating a convention center	115726
and for the real and actual costs of administering the tax,	115727
unless, prior to the adoption of the resolution of the legislative	115728
authority of the county authorizing the levy, extension, increase,	115729
or deposit, the county and the mayor of the most populous	115730
municipal corporation in that county have entered into an	115731
agreement as to the use of such amounts, provided that such	115732
agreement has been approved by a majority of the mayors of the	115733
other municipal corporations in that county. The agreement shall	115734
provide that the amounts to be used for purposes other than paying	115735
the convention center or administrative costs described in	115736
division (H)(6)(a) of this section be used only for the direct and	115737
indirect costs of capital improvements, including the financing of	115738
capital improvements.	115739

(b) If the county in which the tax is levied has an	115740
association of mayors and city managers, the approval of that	115741
association of an agreement described in division (H)(6)(a) of	115742
this section shall be considered to be the approval of the	115743
majority of the mayors of the other municipal corporations for	115744
purposes of that division.	115745

(7) Each year, the auditor of state shall conduct an audit of	115746
the uses of any amounts collected from taxes levied, extended, or	115747
deposited under division (H) of this section and shall prepare a	115748
report of the auditor of state's findings. The auditor of state	115749
shall submit the report to the legislative authority of the county	115750
that has levied, extended, or deposited the tax, the speaker of	115751
the house of representatives, the president of the senate, and the	115752
leaders of the minority parties of the house of representatives	115753
and the senate.	115754

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

115755

(a) "Convention facilities authority" has the same meaning as	115756
in section 351.01 of the Revised Code.	115757

(b) "Convention center" has the same meaning as in section	115758
307.695 of the Revised Code.	115759

(2) Notwithstanding any contrary provision of division (D) of	115760
this section, the legislative authority of a county with a	115761
population of one million two hundred thousand or more according	115762
to the most recent federal decennial census or the most recent	115763
annual population estimate published or released by the United	115764
States census bureau at the time the resolution is adopted placing	115765
the levy on the ballot, that has levied a tax under division (D)	115766
of this section may, by resolution adopted by a majority of the	115767
members of the legislative authority, provide for the extension of	115768
such levy and may provide that the proceeds of that tax, to the	115769
extent that the proceeds are no longer needed for their original	115770
purpose as defined by a cooperative agreement entered into under	115771
section 307.671 of the Revised Code and after deducting the real	115772
and actual costs of administering the tax, shall be used for	115773
paying the direct and indirect costs of constructing, improving,	115774
expanding, equipping, financing, or operating a convention center.	115775
The resolution shall provide for the extension of the tax at a	115776
rate not to exceed the rate specified in division (D) of this	115777
section for a period of time determined by the legislative	115778
authority of the county, but not to exceed an additional forty	115779
years.	115780

(3) The legislative authority of a county with a population	115781
of one million two hundred thousand or more that has levied a tax	115782
under division (A)(1) of this section may, by resolution adopted	115783
by a majority of the members of the legislative authority,	115784
increase the rate of the tax levied by such county under division	115785
(A)(1) of this section to a rate not to exceed five per cent on	115786
transactions by which lodging by a hotel is or is to be furnished	115787
to transient guests. Notwithstanding any contrary provision of	115788
division (A)(1) of this section, the resolution shall provide that	115789
all collections resulting from the rate levied in excess of three	115790
per cent, after deducting the real and actual costs of	115791
administering the tax, shall be used for paying the direct and	115792
indirect costs of constructing, improving, expanding, equipping,	115793
financing, or operating a convention center.	115794

(4) The legislative authority of a county with a population	115795
of one million two hundred thousand or more that has levied a tax	115796
under division (A)(1) of this section may, by resolution adopted	115797
on or before July 1, 2008, by a majority of the members of the	115798
legislative authority, provide that all or a portion of the	115799
proceeds of the tax levied under division (A)(1) of this section,	115800
after deducting the real and actual costs of administering the tax	115801
and the amounts required to be returned to townships and municipal	115802
corporations with respect to the first three per cent levied under	115803
division (A)(1) of this section, shall be used to satisfy any	115804
pledges made in connection with an agreement entered into under	115805
section 307.695 of the Revised Code or shall otherwise be used for	115806
paying the direct and indirect costs of constructing, improving,	115807
expanding, equipping, financing, or operating a convention center.	115808

(5) Any amount collected from a tax levied or extended under	115809
division (I) of this section may be contributed to a convention	115810
facilities authority created before July 1, 2005, but no amount	115811
collected from a tax levied or extended under division (I) of this	115812
section may be contributed to a convention facilities authority,	115813
corporation, or other entity created after July 1, 2005, unless	115814
the mayor of the municipal corporation in which the convention	115815
center is to be operated by that convention facilities authority,	115816
corporation, or other entity has consented to the creation of that	115817
convention facilities authority, corporation, or entity.	115818

(J) A board of commissioners of a county or board of trustees	115819
of a township may not adopt or amend a resolution levying a tax on	115820
transactions by which lodging by a hotel is or is to be furnished	115821
to transient guests pursuant to this section on or after October	115822
1, 2013, unless the board levies the tax on any transaction by	115823
which a transient guest obtains or will obtain lodging in a hotel	115824
using a hotel intermediary. The board shall levy the tax on any	115825
amount the purchaser pays to the hotel intermediary for the	115826
intermediary's services plus any amount paid for the furnishing of	115827
lodging in a hotel to the transient guest.	115828

The hotel intermediary shall collect and remit all tax paid	115829
by the purchaser to the county or township, as applicable, that	115830
levies the tax pursuant to this section. If the hotel intermediary	115831
does not collect or remit the full amount of tax, the hotel in	115832
which the transient guest will lodge shall attempt to collect and	115833
remit to the county or township, as applicable, the uncollected or	115834
unremitted tax.	115835

Sec. 5739.12. (A)(1) Each person who has or is required to	115836
have a vendor's license, on or before the twenty-third day of each	115837
month, shall make and file a return for the preceding month in the	115838
form prescribed by the tax commissioner, and shall pay the tax	115839
shown on the return to be due. The return shall be filed	115840
electronically using the Ohio business gateway, as defined in	115841
section 718.051 of the Revised Code, the Ohio telefile system, or	115842
any other electronic means prescribed by the commissioner. Payment	115843
of the tax shown on the return to be due shall be made	115844
electronically in a manner approved by the commissioner. The	115845
commissioner may require a vendor that operates from multiple	115846
locations or has multiple vendor's licenses to report all tax	115847
liabilities on one consolidated return. The return shall show the	115848
amount of tax due from the vendor to the state for the period	115849
covered by the return and such other information as the	115850
commissioner deems necessary for the proper administration of this	115851
chapter. The commissioner may extend the time for making and	115852
filing returns and paying the tax, and may require that the return	115853
for the last month of any annual or semiannual period, as	115854
determined by the commissioner, be a reconciliation return	115855
detailing the vendor's sales activity for the preceding annual or	115856
semiannual period. The reconciliation return shall be filed by the	115857
last day of the month following the last month of the annual or	115858
semiannual period. The commissioner may remit all or any part of	115859
amounts or penalties that may become due under this chapter and	115860
may adopt rules relating thereto. Such return shall be filed	115861
electronically as directed by the tax commissioner, and payment of	115862
the amount of tax shown to be due thereon, after deduction of any	115863
discount provided for under this section, shall be made	115864
electronically in a manner approved by the tax commissioner.	115865

(2) Any person required to file returns and make payments	115866
electronically under division (A)(1) of this section may apply to	115867
the tax commissioner on a form prescribed by the commissioner to	115868
be excused from that requirement. For good cause shown, the	115869
commissioner may excuse the person from that requirement and may	115870
permit the person to file the returns and make the payments	115871
required by this section by nonelectronic means.	115872

(B)(1) If the return is filed and the amount of tax shown	115873
thereon to be due is paid on or before the date such return is	115874
required to be filed, the vendor shall be entitled to a discount	115875
of three-fourths of one per cent of the amount shown to be due on	115876
the return.	115877

(2) A vendor that has selected a certified service provider	115878
as its agent shall not be entitled to the discount if the	115879
certified service provider receives a monetary allowance pursuant	115880
to section 5739.06 of the Revised Code for performing the vendor's	115881
sales and use tax functions in this state. Amounts paid to the	115882
clerk of courts pursuant to section 4505.06 of the Revised Code	115883
shall be subject to the applicable discount. The discount shall be	115884
in consideration for prompt payment to the clerk of courts and for	115885
other services performed by the vendor in the collection of the	115886
tax.	115887

(C)(1) Upon application to the tax commissioner, a vendor who	115888
is required to file monthly returns may be relieved of the	115889
requirement to report and pay the actual tax due, provided that	115890
the vendor agrees to remit to the commissioner payment of not less	115891
than an amount determined by the commissioner to be the average	115892
monthly tax liability of the vendor, based upon a review of the	115893
returns or other information pertaining to such vendor for a	115894
period of not less than six months nor more than two years	115895
immediately preceding the filing of the application. Vendors who	115896
agree to the above conditions shall make and file an annual or	115897
semiannual reconciliation return, as prescribed by the	115898
commissioner. The reconciliation return shall be filed	115899
electronically as directed by the tax commissioner, and payment of	115900
the amount of tax shown to be due thereon, after deduction of any	115901
discount provided in this section, shall be made electronically in	115902
a manner approved by the commissioner. Failure of a vendor to	115903
comply with any of the above conditions may result in immediate	115904
reinstatement of the requirement of reporting and paying the	115905
actual tax liability on each monthly return, and the commissioner	115906
may at the commissioner's discretion deny the vendor the right to	115907
report and pay based upon the average monthly liability for a	115908
period not to exceed two years. The amount ascertained by the	115909
commissioner to be the average monthly tax liability of a vendor	115910
may be adjusted, based upon a review of the returns or other	115911
information pertaining to the vendor for a period of not less than	115912
six months nor more than two years preceding such adjustment.	115913

(2) The commissioner may authorize vendors whose tax	115914
liability is not such as to merit monthly returns, as ascertained	115915
by the commissioner upon the basis of administrative costs to the	115916
state, to make and file returns at less frequent intervals. When	115917
returns are filed at less frequent intervals in accordance with	115918
such authorization, the vendor shall be allowed the discount	115919
provided in this section in consideration for prompt payment with	115920
the return, provided the return is filed and payment is made of	115921
the amount of tax shown to be due thereon, at the time specified	115922
by the commissioner, but a vendor that has selected a certified	115923
service provider as its agent shall not be entitled to the	115924
discount.	115925

(D) Any vendor who fails to file a return or to pay the full	115926
amount of the tax shown on the return to be due in the manner	115927
prescribed under this section and the rules of the commissioner	115928
may, for each such return, be required to forfeit and pay into the	115929
state treasury an additional charge not exceeding fifty dollars or	115930
ten per cent of the tax required to be paid for the reporting	115931
period, whichever is greater, as revenue arising from the tax	115932
imposed by this chapter, and such sum may be collected by	115933
assessment in the manner provided in section 5739.13 of the	115934
Revised Code. The commissioner may remit all or a portion of the	115935
additional charge and may adopt rules relating to the imposition	115936
and remission of the additional charge.	115937

(E) If the amount required to be collected by a vendor from	115938
consumers is in excess of the applicable percentage of the	115939
vendor's receipts from sales that are taxable under section	115940
5739.02 of the Revised Code, or in the case of sales subject to a	115941
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	115942
the Revised Code, in excess of the percentage equal to the	115943
aggregate rate of such taxes and the tax levied by section 5739.02	115944
of the Revised Code, such excess shall be remitted along with the	115945
remittance of the amount of tax due under section 5739.10 of the	115946
Revised Code.	115947

(F) The commissioner, if the commissioner deems it necessary	115948
in order to insure the payment of the tax imposed by this chapter,	115949
may require returns and payments to be made for other than monthly	115950
periods.	115951

(G) Any vendor required to file a return and pay the tax	115952
under this section whose total payment for a year equals or	115953
exceeds the amount shown in division (A) of section 5739.122 of	115954
the Revised Code is subject to the accelerated tax payment	115955
requirements in divisions (B) and (C) of that section. For a	115956
vendor that operates from multiple locations or has multiple	115957
vendor's licenses, in determining whether the vendor's total	115958
payment equals or exceeds the amount shown in division (A) of that	115959
section, the vendor's total payment amount shall be the amount of	115960
the vendor's total tax liability for the previous calendar year	115961
for all of the vendor's locations or licenses.	115962

(H) If a vendor that is a hotel intermediary does not collect	115963
and remit the full amount of tax due, the hotel in which the	115964
transient guest will lodge shall attempt to collect and remit any	115965
remaining amount of tax from the transient guest.	115966

Sec. 5739.13. (A) If any vendor collects the tax imposed by	115967
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	115968
the Revised Code, and fails to remit the tax to the state as	115969
prescribed, or on the sale of a motor vehicle, watercraft, or	115970
outboard motor required to be titled, fails to remit payment to a	115971
clerk of a court of common pleas as provided in section 1548.06 or	115972
4505.06 of the Revised Code, the vendor shall be personally liable	115973
for any tax collected and not remitted. The tax commissioner may	115974
make an assessment against such vendor based upon any information	115975
in the commissioner's possession.	115976

If any vendor fails to collect the tax or any consumer fails	115977
to pay the tax imposed by or pursuant to section 5739.02,	115978
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	115979
transaction subject to the tax, the vendor or consumer shall be	115980
personally liable for the amount of the tax applicable to the	115981
transaction. The commissioner may make an assessment against	115982
either the vendor or consumer, as the facts may require, based	115983
upon any information in the commissioner's possession.	115984

An assessment against a vendor when the tax imposed by or	115985
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	115986
the Revised Code has not been collected or paid, shall not	115987
discharge the purchaser's or consumer's liability to reimburse the	115988
vendor for the tax applicable to such transaction.	115989

An assessment issued against either, pursuant to this	115990
section, shall not be considered an election of remedies, nor a	115991
bar to an assessment against the other for the tax applicable to	115992
the same transaction, provided that no assessment shall be issued	115993
against any person for the tax due on a particular transaction if	115994
the tax on that transaction actually has been paid by another.	115995

The commissioner may make an assessment against any vendor	115996
who fails to file a return or remit the proper amount of tax	115997
required by this chapter, or against any consumer who fails to pay	115998
the proper amount of tax required by this chapter. When	115999
information in the possession of the commissioner indicates that	116000
the amount required to be collected or paid under this chapter is	116001
greater than the amount remitted by the vendor or paid by the	116002
consumer, the commissioner may audit a sample of the vendor's	116003
sales or the consumer's purchases for a representative period, to	116004
ascertain the per cent of exempt or taxable transactions or the	116005
effective tax rate and may issue an assessment based on the audit.	116006
The commissioner shall make a good faith effort to reach agreement	116007
with the vendor or consumer in selecting a representative sample.	116008

The commissioner may make an assessment, based on any	116009
information in ~~his~~the commissioner's possession, against any	116010
person who fails to file a return or remit the proper amount of	116011
tax required by section 5739.102 of the Revised Code.	116012

The commissioner may issue an assessment on any transaction	116013
for which any tax imposed under this chapter or Chapter 5741. of	116014
the Revised Code was due and unpaid on the date the vendor or	116015
consumer was informed by an agent of the tax commissioner of an	116016
investigation or audit. If the vendor or consumer remits any	116017
payment of the tax for the period covered by the assessment after	116018
the vendor or consumer was informed of the investigation or audit,	116019
the payment shall be credited against the amount of the	116020
assessment.	116021

The commissioner shall give the party assessed written notice	116022
of the assessment in the manner provided in section 5703.37 of the	116023
Revised Code. With the notice, the commissioner shall provide	116024
instructions on how to petition for reassessment and request a	116025
hearing on the petition.	116026

(B) Unless the party assessed files with the commissioner	116027
within sixty days after service of the notice of assessment,	116028
either personally or by certified mail, a written petition for	116029
reassessment, signed by the party assessed or that party's	116030
authorized agent having knowledge of the facts, the assessment	116031
becomes final and the amount of the assessment is due from the	116032
party assessed and payable to the treasurer of state and remitted	116033
to the tax commissioner. The petition shall indicate the	116034
objections of the party assessed, but additional objections may be	116035
raised in writing if received by the commissioner prior to the	116036
date shown on the final determination. If the petition has been	116037
properly filed, the commissioner shall proceed under section	116038
5703.60 of the Revised Code.	116039

(C) After an assessment becomes final, if any portion of the	116040
assessment remains unpaid, including accrued interest, a certified	116041
copy of the commissioner's entry making the assessment final may	116042
be filed in the office of the clerk of the court of common pleas	116043
in the county in which the place of business of the party assessed	116044
is located or the county in which the party assessed resides. If	116045
the party assessed maintains no place of business in this state	116046
and is not a resident of this state, the certified copy of the	116047
entry may be filed in the office of the clerk of the court of	116048
common pleas of Franklin county.	116049

Immediately upon the filing of the entry, the clerk shall	116050
enter a judgment for the state against the party assessed in the	116051
amount shown on the entry. The judgment may be filed by the clerk	116052
in a loose-leaf book entitled "special judgments for state,	116053
county, and transit authority retail sales tax" or, if	116054
appropriate, "special judgments for resort area excise tax," and	116055
shall have the same effect as other judgments. Execution shall	116056
issue upon the judgment upon the request of the tax commissioner,	116057
and all laws applicable to sales on execution shall apply to sales	116058
made under the judgment except as otherwise provided in this	116059
chapter.	116060

~~The portion of~~If the assessment is not paid in its entirety	116061
within sixty days after the date the assessment was issued, the	116062
portion of the assessment consisting of tax due shall bear	116063
interest at the rate per annum prescribed by section 5703.47 of	116064
the Revised Code from the day the tax commissioner issues the	116065
assessment until the assessment is paid or until it is certified	116066
to the attorney general for collection under section 131.02 of the	116067
Revised Code, whichever comes first. If the unpaid portion of the	116068
assessment is certified to the attorney general for collection,	116069
the entire unpaid portion of the assessment shall bear interest at	116070
the rate per annum prescribed by section 5703.47 of the Revised	116071
Code from the date of certification until the date it is paid in	116072
its entirety. Interest shall be paid in the same manner as the tax	116073
and may be collected by issuing an assessment under this section.	116074

(D) All money collected by the tax commissioner under this	116075
section shall be paid to the treasurer of state, and when paid	116076
shall be considered as revenue arising from the taxes imposed by	116077
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	116078

Sec. 5741.01. As used in this chapter:

116079

(A) "Person" includes individuals, receivers, assignees,	116080
trustees in bankruptcy, estates, firms, partnerships,	116081
associations, joint-stock companies, joint ventures, clubs,	116082
societies, corporations, business trusts, governments, and	116083
combinations of individuals of any form.	116084

(B) "Storage" means and includes any keeping or retention in	116085
this state for use or other consumption in this state.	116086

(C) "Use" means and includes the exercise of any right or	116087
power incidental to the ownership of the thing used. A thing is	116088
also "used" in this state if its consumer gives or otherwise	116089
distributes it, without charge, to recipients in this state.	116090

(D) "Purchase" means acquired or received for a	116091
consideration, whether such acquisition or receipt was effected by	116092
a transfer of title, or of possession, or of both, or a license to	116093
use or consume; whether such transfer was absolute or conditional,	116094
and by whatever means the transfer was effected; and whether the	116095
consideration was money, credit, barter, or exchange. Purchase	116096
includes production, even though the article produced was used,	116097
stored, or consumed by the producer. The transfer of copyrighted	116098
motion picture films for exhibition purposes is not a purchase,	116099
except such films as are used solely for advertising purposes.	116100

(E) "Seller" means the person from whom a purchase is made,	116101
and includes every person engaged in this state or elsewhere in	116102
the business of selling tangible personal property or providing a	116103
service for storage, use, or other consumption or benefit in this	116104
state; and when, in the opinion of the tax commissioner, it is	116105
necessary for the efficient administration of this chapter, to	116106
regard any ~~salesman~~salesperson, representative, peddler, or	116107
canvasser as the agent of a dealer, distributor, supervisor, or	116108
employer under whom the person operates, or from whom the person	116109
obtains tangible personal property, sold by the person for	116110
storage, use, or other consumption in this state, irrespective of	116111
whether or not the person is making such sales on the person's own	116112
behalf, or on behalf of such dealer, distributor, supervisor, or	116113
employer, the commissioner may regard the person as such agent,	116114
and may regard such dealer, distributor, supervisor, or employer	116115
as the seller. "Seller" does not include any person to the extent	116116
the person provides a communications medium, such as, but not	116117
limited to, newspapers, magazines, radio, television, or cable	116118
television, by means of which sellers solicit purchases of their	116119
goods or services.	116120

(F) "Consumer" means any person who has purchased tangible	116121
personal property or has been provided a service for storage, use,	116122
or other consumption or benefit in this state. "Consumer" does not	116123
include a person who receives, without charge, tangible personal	116124
property or a service.	116125

A person who performs a facility management or similar	116126
service contract for a contractee is a consumer of all tangible	116127
personal property and services purchased for use in connection	116128
with the performance of such contract, regardless of whether title	116129
to any such property vests in the contractee. The purchase of such	116130
property and services is not subject to the exception for resale	116131
under division (E) of section 5739.01 of the Revised Code.	116132

(G)(1) "Price," except as provided in divisions (G)(2) to (6)	116133
of this section, has the same meaning as in division (H)(1) of	116134
section 5739.01 of the Revised Code.	116135

(2) In the case of watercraft, outboard motors, or new motor	116136
vehicles, "price" has the same meaning as in divisions (H)(2) and	116137
(3) of section 5739.01 of the Revised Code.	116138

(3) In the case of a nonresident business consumer that	116139
purchases and uses tangible personal property outside this state	116140
and subsequently temporarily stores, uses, or otherwise consumes	116141
such tangible personal property in the conduct of business in this	116142
state, the consumer or the tax commissioner may determine the	116143
price based on the value of the temporary storage, use, or other	116144
consumption, in lieu of determining the price pursuant to division	116145
(G)(1) of this section. A price determination made by the consumer	116146
is subject to review and redetermination by the commissioner.	116147

(4) In the case of tangible personal property held in this	116148
state as inventory for sale or lease, and that is temporarily	116149
stored, used, or otherwise consumed in a taxable manner, the price	116150
is the value of the temporary use. A price determination made by	116151
the consumer is subject to review and redetermination by the	116152
commissioner.	116153

(5) In the case of tangible personal property originally	116154
purchased and used by the consumer outside this state, and that	116155
becomes permanently stored, used, or otherwise consumed in this	116156
state more than six months after its acquisition by the consumer,	116157
the consumer or the commissioner may determine the price based on	116158
the current value of such tangible personal property, in lieu of	116159
determining the price pursuant to division (G)(1) of this section.	116160
A price determination made by the consumer is subject to review	116161
and redetermination by the commissioner.	116162

(6) If a consumer produces tangible personal property for	116163
sale and removes that property from inventory for the consumer's	116164
own use, the price is the produced cost of that tangible personal	116165
property.	116166

(H) "Nexus with this state" means that the seller engages in	116167
continuous and widespread solicitation of purchases from residents	116168
of this state or otherwise purposefully directs its business	116169
activities at residents of this state.	116170

(I)(1) "Substantial nexus with this state" means that the	116171
seller has sufficient contact with this state, in accordance with	116172
Section 8 of Article I of the Constitution of the United States,	116173
to allow the state to require the seller to collect and remit use	116174
tax on sales of tangible personal property or services made to	116175
consumers in this state. ~~"Substantial~~	116176

(2) "Substantial nexus with this state" ~~exists~~is presumed to	116177
exist when the seller does any of the following:	116178

~~(1) Maintains a~~(a) Uses an office, distribution facility,	116179
warehouse, storage facility, or similar place of business within	116180
this state, whether operated by ~~employees or agents of~~ the seller,	116181
~~by a member of an affiliated group, as defined in division~~	116182
~~(B)(3)(e) of section 5739.01 of the Revised Code, of which the~~	116183
~~seller is a member, or by a franchisee using a trade name of the~~	116184
~~seller;~~or any other person, other than a common carrier acting in	116185
its capacity as a common carrier.	116186

~~(2)~~(b) Regularly ~~has~~uses employees, agents, representatives,	116187
solicitors, installers, ~~repairmen~~repairers, ~~salesmen~~	116188
salespersons, or other ~~individuals~~persons in this state (i) for	116189
the purpose of conducting the business of the seller;, or that	116190
(ii) engage in a business with the same or a similar industry	116191
classification as the seller selling a similar product or line of	116192
products as the seller, or (iii) use trademarks, service marks, or	116193
trade names in this state that are the same or substantially	116194
similar to those used by the seller.	116195

~~(3)~~(c) Uses aany person, other than a common carrier acting	116196
in its capacity as a common carrier, in this state for any of the	116197
~~purpose of receiving~~following purposes:	116198

(i) Receiving or processing orders of the seller's goods or	116199
services;	116200

(ii) Using that person's employees or facilities in this	116201
state to advertise, promote, or facilitate sales by the seller to	116202
customers;	116203

(iii) Delivering, installing, assembling, or performing	116204
maintenance services for the seller's customers;	116205

(iv) Facilitating the seller's delivery of tangible personal	116206
property to customers in this state by allowing the seller's	116207
customers to pick up property sold by the seller at an office,	116208
distribution facility, warehouse, storage facility, or similar	116209
place of business.	116210

~~(4)~~(d) Makes regular deliveries of tangible personal property	116211
into this state by means other than common carrier;.	116212

~~(5) Has membership in an affiliated group, as described in~~	116213
~~division (B)(3)(e) of section 5739.01 of the Revised Code, at~~	116214
~~least one other member of which has substantial nexus with this~~	116215
~~state;~~	116216

~~(6)~~(e) Owns tangible personal property that is rented or	116217
leased to a consumer in this state, or offers tangible personal	116218
property, on approval, to consumers in this state;.	116219

~~(7) Except as provided in section 5703.65 of the Revised~~	116220
~~Code, is registered with the secretary of state to do business in~~	116221
~~this state or is registered or licensed by any state agency,~~	116222
~~board, or commission to transact business in this state or to make~~	116223
~~sales to persons in this state;~~	116224

~~(8) Has any other contact with this state that would allow~~	116225
~~this state to require the seller to collect and remit use tax~~	116226
~~under Section 8 of Article I of the Constitution of the United~~	116227
~~States~~(f) Is a hotel intermediary that furnishes lodging in	116228
hotels located in this state to transient guests.	116229

(g) Enters into an agreement with one or more residents of	116230
this state under which the resident, for a commission or other	116231
consideration, directly or indirectly refers potential customers	116232
to the seller, whether by a link on a web site, an in-person oral	116233
presentation, telemarketing, or otherwise, provided the cumulative	116234
gross receipts from sales to consumers referred to the seller by	116235
all such residents exceeded ten thousand dollars during the	116236
preceding twelve months.	116237

(3) A seller presumed to have substantial nexus with this	116238
state under divisions (I)(2)(a) to (f) of this section may rebut	116239
that presumption by demonstrating that activities described in any	116240
of those divisions that are conducted by a person in this state on	116241
the seller's behalf are not significantly associated with the	116242
seller's ability to establish or maintain a market in this state	116243
for the seller's sales.	116244

(4) A seller presumed to have substantial nexus with this	116245
state under division (I)(2)(g) of this section may rebut that	116246
presumption by submitting proof that each resident engaged by the	116247
seller as described in that division did not engage in any	116248
activity within this state during the preceding twelve months that	116249
was significantly associated with the seller's ability to	116250
establish or maintain the seller's market in this state during the	116251
preceding twelve months. Such proof may consist of sworn written	116252
statements from all the residents with whom the seller has an	116253
agreement stating that the resident did not engage in any	116254
solicitation in this state on behalf of the seller during the	116255
preceding twelve months if such statements are provided and	116256
obtained in good faith.	116257

(5) A seller that does not have substantial nexus with this	116258
state, and any affiliated person of the seller, before selling or	116259
leasing tangible personal property or services to a state agency,	116260
shall register with the tax commissioner in the same manner as a	116261
seller described in division (A)(1) of section 5741.17 of the	116262
Revised Code.	116263

(6) As used in division (I) of this section:

116264

(a) "Affiliated person" means any person that is a member of	116265
the same controlled group of corporations as the seller or any	116266
other person that, notwithstanding the form of organization, bears	116267
the same ownership relationship to the seller as a corporation	116268
that is a member of the same controlled group of corporations.	116269

(b) "Controlled group of corporations" has the same meaning	116270
as in section 1536(a) of the Internal Revenue Code.	116271

(c) "State agency" has the same meaning as in section 1.60 of	116272
the Revised Code.	116273

(J) "Fiscal officer" means, with respect to a regional	116274
transit authority, the secretary-treasurer thereof, and with	116275
respect to a county which is a transit authority, the fiscal	116276
officer of the county transit board appointed pursuant to section	116277
306.03 of the Revised Code or, if the board of county	116278
commissioners operates the county transit system, the county	116279
auditor.	116280

(K) "Territory of the transit authority" means all of the	116281
area included within the territorial boundaries of a transit	116282
authority as they from time to time exist. Such territorial	116283
boundaries must at all times include all the area of a single	116284
county or all the area of the most populous county which is a part	116285
of such transit authority. County population shall be measured by	116286
the most recent census taken by the United States census bureau.	116287

(L) "Transit authority" means a regional transit authority	116288
created pursuant to section 306.31 of the Revised Code or a county	116289
in which a county transit system is created pursuant to section	116290
306.01 of the Revised Code. For the purposes of this chapter, a	116291
transit authority must extend to at least the entire area of a	116292
single county. A transit authority which includes territory in	116293
more than one county must include all the area of the most	116294
populous county which is a part of such transit authority. County	116295
population shall be measured by the most recent census taken by	116296
the United States census bureau.	116297

(M) "Providing a service" has the same meaning as in ~~division~~	116298
~~(X) of~~ section 5739.01 of the Revised Code.	116299

(N) "Other consumption" includes receiving the benefits of a	116300
service.	116301

(O) "Lease" or "rental" has the same meaning as in ~~division~~	116302
~~(UU) of~~ section 5739.01 of the Revised Code.	116303

(P) "Certified service provider" has the same meaning as in	116304
section 5740.01 of the Revised Code.	116305

(Q) "Hotel intermediary," "hotel," and "transient guest" have	116306
the same meanings as in section 5739.01 of the Revised Code.	116307

(R) "Remote sale" means a sale for which the seller could not	116308
be legally required to pay, collect, or remit a tax imposed under	116309
this chapter or Chapter 5739. of the Revised Code, unless	116310
otherwise provided by the laws of the United States.	116311

(S) "Remote seller" means a seller that makes remote sales to	116312
one or more consumers.	116313

(T) "Remote small seller" means a remote seller that has	116314
gross annual receipts from remote sales in the United States not	116315
exceeding one million dollars for the preceding calendar year. For	116316
the purposes of determining whether a person is a small remote	116317
seller, the sales of all persons related within the meaning of	116318
subsection (b) or (c) of section 267 or section 707(b)(1) of the	116319
Internal Revenue Code shall be aggregated, and persons with one or	116320
more ownership relationships shall be aggregated if those	116321
relationships were designed with the principal purpose to qualify	116322
as a remote small seller.	116323

Sec. 5741.03. (A) One hundred per cent of all money	116324
deposited into the state treasury under sections 5741.01 to	116325
5741.22 of the Revised Code that is not required to be distributed	116326
as provided in division (B) of this section shall be credited to	116327
the general revenue fund.	116328

(B) In any case where any county or transit authority has	116329
levied a tax or taxes pursuant to section 5741.021, 5741.022, or	116330
5741.023 of the Revised Code, the tax commissioner shall, within	116331
forty-five days after the end of each month, determine and certify	116332
to the director of budget and management the amount of the	116333
proceeds of such tax or taxes from billings and assessments	116334
received during that month, or shown on tax returns or reports	116335
filed during that month, to be returned to the county or transit	116336
authority levying the tax or taxes, which amounts shall be	116337
determined in the manner provided in section 5739.21 of the	116338
Revised Code. The director of budget and management shall	116339
transfer, from the general revenue fund, to the permissive tax	116340
distribution fund created by division (B)(1) of section 4301.423	116341
of the Revised Code and to the local sales tax administrative fund	116342
created by division (C) of section 5739.21 of the Revised Code,	116343
the amounts certified by the tax commissioner. The tax	116344
commissioner shall then, on or before the twentieth day of the	116345
month in which such certification is made, provide for payment of	116346
such respective amounts to the county treasurer or to the fiscal	116347
officer of the transit authority levying the tax or taxes. The	116348
amount transferred to the local sales tax administrative fund is	116349
for use by the tax commissioner in defraying costs the	116350
commissioner incurs in administering such taxes levied by a county	116351
or transit authority.	116352

(C) Within forty-five days after the end of each month, the	116353
tax commissioner shall determine and certify to the director of	116354
budget and management the amount of tax collected under this	116355
chapter from remote sellers during the preceding month, reduced by	116356
any refunds issued to remote sellers from the tax refund fund	116357
created by section 5703.052 of the Revised Code, and the director	116358
of budget and management shall transfer the amount so certified	116359
from the general revenue fund to the income tax reduction fund.	116360
Amounts transferred to the income tax reduction fund under this	116361
section shall be included in the determination of the percentage	116362
under division (B)(2) of section 131.44 of the Revised Code.	116363

Sec. 5741.032. There is hereby created in the state treasury	116364
the remote seller administration fund for the purpose of paying	116365
the expenses incurred by the department of taxation in the	116366
administration of this chapter with respect to remote sellers.	116367
Annually, before the thirty-first day of July, the treasurer of	116368
state shall transfer to the remote seller administration fund	116369
one-half of one per cent of the taxes collected from remote	116370
sellers under this chapter during the preceding fiscal year.	116371

Sec. 5741.12. (A) Each seller required by section 5741.17 of	116372
the Revised Code to register with the tax commissioner, and any	116373
seller authorized by the commissioner to collect the tax imposed	116374
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	116375
of the Revised Code is subject to the same requirements and	116376
entitled to the same deductions and discount for prompt payments	116377
as are vendors under section 5739.12 of the Revised Code, and the	116378
same monetary allowances as are vendors under section 5739.06 of	116379
the Revised Code. The powers and duties of the commissioner with	116380
respect to returns and tax remittances under this section shall be	116381
identical with those prescribed in section 5739.12 of the Revised	116382
Code.	116383

(B) Every person storing, using, or consuming tangible	116384
personal property or receiving the benefit of a service, the	116385
storage, use, consumption, or receipt of which is subject to the	116386
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	116387
or 5741.023 of the Revised Code, when such tax was not paid to a	116388
seller, shall, on or before the twenty-third day of each month,	116389
file with the tax commissioner a return for the preceding month in	116390
such form as is prescribed by the commissioner, showing such	116391
information as the commissioner deems necessary, and shall pay the	116392
tax shown on the return to be due. Remittance shall be made	116393
payable to the treasurer of state. The commissioner may require	116394
consumers to file returns and pay the tax at other than monthly	116395
intervals, if the commissioner determines that such filing is	116396
necessary for the efficient administration of the tax. If the	116397
commissioner determines that a consumer's tax liability is not	116398
such as to merit monthly filing, the commissioner may authorize	116399
the consumer to file returns and pay tax at less frequent	116400
intervals.	116401

Any consumer required to file a return and pay the tax under	116402
this section whose payment for any year equals or exceeds the	116403
amount shown in division (A) of section 5741.121 of the Revised	116404
Code is subject to the accelerated tax payment requirements in	116405
divisions (B) and (C) of that section.	116406

(C) Every person storing, using, or consuming a motor	116407
vehicle, watercraft, or outboard motor, the ownership of which	116408
must be evidenced by certificate of title, shall file the return	116409
required by this section and pay the tax due at or prior to the	116410
time of filing an application for certificate of title.	116411

(D) If a seller that is a hotel intermediary does not collect	116412
and remit the full amount of tax due, the hotel in which the	116413
transient guest will lodge shall attempt to collect and remit any	116414
remaining amount of tax from the transient guest.	116415

Sec. 5741.17. (A)(1) Except as otherwise provided in	116416
divisions (A)(2), (3), and (4) of this section, every seller of	116417
tangible personal property or services who has substantial nexus	116418
with this state shall register with the tax commissioner and	116419
supply any information concerning ~~his~~the seller's contacts with	116420
this state that may be required by the commissioner.	116421

(2) A seller who is licensed as a vendor pursuant to section	116422
5739.17 of the Revised Code shall not be required to register with	116423
the commissioner pursuant to this section if all sales to	116424
consumers in this state are made under the authority of ~~his~~the	116425
seller's vendor's license.	116426

(3) AUnless the seller has substantial nexus with this state	116427
pursuant to division (I)(2)(g) of section 5741.01 of the Revised	116428
Code, a seller is not required to register under this section if	116429
the seller has no contact with this state other than an agency	116430
relationship with a person engaged in the business of	116431
telemarketing in this state and engaged by the seller exclusively	116432
for the purpose of solicitation of customers in other states.	116433

(4) A seller is not required to register under this section	116434
if the seller has no contact with this state other than the	116435
ownership of property that is located at the facility of a printer	116436
with which the seller has contracted for printing and that	116437
consists of the final printed product, property that becomes a	116438
part of the final printed product, or copy from which the final	116439
printed product is produced.	116440

(B) A seller who does not have substantial nexus with this	116441
state may voluntarily register with the commissioner. A seller who	116442
voluntarily registers with the commissioner under this section is	116443
entitled to the same benefits and is subject to the same duties	116444
and requirements as a seller required to be registered with the	116445
commissioner under this chapter.	116446

The commissioner shall maintain an alphabetical index of all	116447
sellers registered under this chapter and records of the use tax	116448
reported and paid. Upon request, this information shall be made	116449
available to the treasurer of state.	116450

(C) A remote small seller is not required to register under	116451
this section.	116452

Sec. 5743.081. (A) If any wholesale dealer or retail dealer	116453
fails to pay the tax levied under section 5743.02, 5743.021,	116454
5743.024, or 5743.026 of the Revised Code as required by sections	116455
5743.01 to 5743.20 of the Revised Code, and by the rules of the	116456
tax commissioner, or fails to collect the tax from the purchaser	116457
or consumer, the commissioner may make an assessment against the	116458
wholesale or retail dealer based upon any information in the	116459
commissioner's possession.	116460

The commissioner may make an assessment against any wholesale	116461
or retail dealer who fails to file a return required by section	116462
5743.03 or 5743.025 of the Revised Code.	116463

No assessment shall be made against any wholesale or retail	116464
dealer for any taxes imposed under section 5743.02, 5743.021,	116465
5743.024, or 5743.026 of the Revised Code more than three years	116466
after the last day of the calendar month that immediately follows	116467
the semiannual period prescribed in section 5743.03 of the Revised	116468
Code in which the sale was made, or more than three years after	116469
the semiannual return for such period is filed, whichever is	116470
later. This section does not bar an assessment against any	116471
wholesale or retail dealer who fails to file a return as required	116472
by section 5743.025 or 5743.03 of the Revised Code, or who files a	116473
fraudulent return.	116474

A penalty of up to thirty per cent may be added to the amount	116475
of every assessment made under this section. The commissioner may	116476
adopt rules providing for the imposition and remission of	116477
penalties added to assessments made under this section.	116478

The commissioner shall give the party assessed written notice	116479
of the assessment in the manner provided in section 5703.37 of the	116480
Revised Code. The notice shall specify separately any portion of	116481
the assessment that represents a county tax. With the notice, the	116482
commissioner shall provide instructions on how to petition for	116483
reassessment and request a hearing on the petition.	116484

(B) Unless the party assessed files with the tax commissioner	116485
within sixty days after service of the notice of assessment,	116486
either personally or by certified mail, a written petition for	116487
reassessment signed by the party assessed or that party's	116488
authorized agent having knowledge of the facts, the assessment	116489
becomes final and the amount of the assessment is due and payable	116490
from the party assessed to the treasurer of state. The petition	116491
shall indicate the objections of the party assessed, but	116492
additional objections may be raised in writing if received by the	116493
commissioner prior to the date shown on the final determination.	116494
If the petition has been properly filed, the commissioner shall	116495
proceed under section 5703.60 of the Revised Code.	116496

(C) After an assessment becomes final, if any portion of the	116497
assessment remains unpaid, including accrued interest, a certified	116498
copy of the tax commissioner's entry making the assessment final	116499
may be filed in the office of the clerk of the court of common	116500
pleas in the county in which the wholesale or retail dealer's	116501
place of business is located or the county in which the party	116502
assessed resides. If the party assessed maintains no place of	116503
business in this state and is not a resident of this state, the	116504
certified copy of the entry may be filed in the office of the	116505
clerk of the court of common pleas of Franklin county.	116506

Immediately upon the filing of the commissioner's entry, the	116507
clerk shall enter a judgment for the state against the party	116508
assessed in the amount shown on the entry. The judgment may be	116509
filed by the clerk in a loose-leaf book entitled "special	116510
judgments for state cigarette sales tax," and shall have the same	116511
effect as other judgments. Execution shall issue upon the judgment	116512
upon the request of the tax commissioner, and all laws applicable	116513
to sales on execution shall apply to sales made under the	116514
judgment, except as otherwise provided in sections 5743.01 to	116515
5743.20 of the Revised Code.	116516

~~The portion of~~If the assessment is not paid in its entirety	116517
within sixty days after the assessment was issued, the portion of	116518
the assessment consisting of tax due shall bear interest at the	116519
rate per annum prescribed by section 5703.47 of the Revised Code	116520
from the day the commissioner issues the assessment until it is	116521
paid or until it is certified to the attorney general for	116522
collection under section 131.02 of the Revised Code, whichever	116523
comes first. If the unpaid portion of the assessment is certified	116524
to the attorney general for collection, the entire unpaid portion	116525
of the assessment shall bear interest at the rate per annum	116526
prescribed by section 5703.47 of the Revised Code from the date of	116527
certification until the date it is paid in its entirety. Interest	116528
shall be paid in the same manner as the tax and may be collected	116529
by the issuance of an assessment under this section.	116530

(D) All money collected by the tax commissioner under this	116531
section shall be paid to the treasurer of state, and when paid	116532
shall be considered as revenue arising from the taxes imposed by	116533
sections 5743.01 to 5743.20 of the Revised Code.	116534

Sec. 5743.15. (A) Except as otherwise provided in this	116535
division, no person shall engage in this state in the wholesale or	116536
retail business of trafficking in cigarettes or in the business of	116537
a manufacturer or importer of cigarettes without having a license	116538
to conduct each such activity issued by a county auditor under	116539
division (B) of this section or the tax commissioner under	116540
divisions (C) and (F) of this section. On dissolution of a	116541
partnership by death, the surviving partner may operate under the	116542
license of the partnership until expiration of the license, and	116543
the heirs or legal representatives of deceased persons, and	116544
receivers and trustees in bankruptcy appointed by any competent	116545
authority, may operate under the license of the person succeeded	116546
in possession by such heir, representative, receiver, or trustee	116547
in bankruptcy if the partner or successor notifies the issuer of	116548
the license of the dissolution or succession within thirty days	116549
after the dissolution or succession.	116550

(B)(1) Each applicant for a license to engage in the retail	116551
business of trafficking in cigarettes under this section,	116552
annually, on or before the fourth Monday of May, shall make and	116553
deliver to the county auditor of the county in which the applicant	116554
desires to engage in the retail business of trafficking in	116555
cigarettes, upon a blank form furnished by such auditor for that	116556
purpose, a statement showing the name of the applicant, each	116557
physical place in the county where the applicant's business is	116558
conducted, the nature of the business, and any other information	116559
the tax commissioner requires in the form of statement prescribed	116560
by the commissioner. If the applicant is a firm, partnership, or	116561
association other than a corporation, the application shall state	116562
the name and address of each of its members. If the applicant is a	116563
corporation, the application shall state the name and address of	116564
each of its officers. At the time of making the application	116565
required by this section, every person desiring to engage in the	116566
retail business of trafficking in cigarettes shall pay an	116567
application fee in the sum of one hundred twenty-five dollars for	116568
each physical place where the person proposes to carry on such	116569
business. Each place of business shall be deemed such space, under	116570
lease or license to, or under the control of, or under the	116571
supervision of the applicant, as is contained in one or more	116572
contiguous, adjacent, or adjoining buildings constituting an	116573
industrial plant or a place of business operated by, or under the	116574
control of, one person, or under one roof and connected by doors,	116575
halls, stairways, or elevators, which space may contain any number	116576
of points at which cigarettes are offered for sale, provided that	116577
each additional point at which cigarettes are offered for sale	116578
shall be listed in the application.	116579

(2) Upon receipt of the application and exhibition of the	116580
county treasurer's receipt showing the payment of the application	116581
fee, the county auditor shall issue to the applicant a license for	116582
each place of business designated in the application, authorizing	116583
the applicant to engage in such business at such place for one	116584
year commencing on the fourth Monday of May. The form of the	116585
license shall be prescribed by the commissioner. A duplicate	116586
license may be obtained from the county auditor upon payment of a	116587
five-dollar fee if the original license is lost, destroyed, or	116588
defaced. When an application is filed after the fourth Monday of	116589
May, the application fee required to be paid shall be proportioned	116590
in amount to the remainder of the license year, except that it	116591
shall not be less than twenty-five dollars in any one year.	116592

(3) The holder of a retail dealer's cigarette license may	116593
transfer the license to a place of business within the same county	116594
other than that designated on the license on condition that the	116595
licensee's ownership interest and business structure remain	116596
unchanged, and that the licensee applies to the county auditor	116597
therefor, upon forms approved by the commissioner and the payment	116598
of a fee of five dollars into the county treasury.	116599

(C)(1) Each applicant for a license to engage in the	116600
wholesale business of trafficking in cigarettes under this	116601
section, annually, on or before the fourth Monday in May, shall	116602
make and deliver to the tax commissioner, upon a blank form	116603
furnished by the commissioner for that purpose, a statement	116604
showing the name of the applicant, physical street address where	116605
the applicant's business is conducted, the nature of the business,	116606
and any other information required by the commissioner. If the	116607
applicant is a firm, partnership, or association other than a	116608
corporation, the applicant shall state the name and address of	116609
each of its members. If the applicant is a corporation, the	116610
applicant shall state the name and address of each of its	116611
officers. At the time of making the application required by this	116612
section, every person desiring to engage in the wholesale business	116613
of trafficking in cigarettes shall pay an application fee of one	116614
thousand dollars for each physical place where the person proposes	116615
to carry on such business. Each place of business shall be deemed	116616
such space, under lease or license to, or under the control of, or	116617
under the supervision of the applicant, as is contained in one or	116618
more contiguous, adjacent, or adjoining buildings constituting an	116619
industrial plant or a place of business operated by, or under the	116620
control of, one person, or under one roof and connected by doors,	116621
halls, stairways, or elevators. A duplicate license may be	116622
obtained from the commissioner upon payment of a	116623
twenty-five-dollar fee if the original license is lost, destroyed,	116624
or defaced.	116625

(2) Upon receipt of the application and payment of any	116626
application fee required by this section, the commissioner shall	116627
verify that the applicant is ~~in good standing under~~not in	116628
violation of any provision of Chapter 1346. ~~and~~or Title LVII of	116629
the Revised Code. The commissioner shall also verify that the	116630
applicant has filed any returns, submitted any information, and	116631
paid any outstanding taxes or fees as required by the	116632
commissioner, to the extent that the commissioner is aware of the	116633
returns, information, taxes, or fees at the time of the	116634
application. Upon approval, the commissioner shall issue to the	116635
applicant a license for each physical place of business designated	116636
in the application authorizing the applicant to engage in business	116637
at that location for one year commencing on the fourth Monday in	116638
May. For licenses issued after the fourth Monday in May, the	116639
application fee shall be reduced proportionately by the remainder	116640
of the twelve-month period for which the license is issued, except	116641
that the application fee required to be paid under this section	116642
shall be not less than two hundred dollars in any one year.	116643

(3) The holder of a wholesale dealer cigarette license may	116644
transfer the license to a place of business other than that	116645
designated on the license on condition that the licensee's	116646
ownership or business structure remains unchanged, and that the	116647
licensee applies to the commissioner for such a transfer upon a	116648
form promulgated by the commissioner and pays a fee of twenty-five	116649
dollars, which shall be deposited into the cigarette tax	116650
enforcement fund created in division (E) of this section.	116651

(D)(1) The wholesale cigarette license application fees	116652
collected under this section shall be paid into the cigarette tax	116653
enforcement fund.	116654

(2) The retail cigarette license application fees collected	116655
under this section shall be distributed as follows:	116656

(a) Thirty per cent shall be paid upon the warrant of the	116657
county auditor into the treasury of the municipal corporation or	116658
township in which the places of business for which the tax revenue	116659
was received are located;	116660

(b) Ten per cent shall be credited to the general fund of the	116661
county;	116662

(c) Sixty per cent shall be paid into the cigarette tax	116663
enforcement fund.	116664

(3) The remainder of the revenues and fines collected under	116665
this section and the penal laws relating to cigarettes shall be	116666
distributed as follows:	116667

(a) Three-fourths shall be paid upon the warrant of the	116668
county auditor into the treasury of the municipal corporation or	116669
township in which the place of business, on account of which the	116670
revenues and fines were received, is located;	116671

(b) One-fourth shall be credited to the general fund of the	116672
county.	116673

(E) There is hereby created within the state treasury the	116674
cigarette tax enforcement fund for the purpose of providing funds	116675
to assist in paying the costs of enforcing sections 1333.11 to	116676
1333.21 and Chapter 5743. of the Revised Code.	116677

The portion of cigarette license application fees received by	116678
a county auditor during the annual application period that ends on	116679
the fourth Monday in May and that is required to be deposited in	116680
the cigarette tax enforcement fund shall be sent to the treasurer	116681
of state by the thirtieth day of June each year accompanied by the	116682
form prescribed by the tax commissioner. The portion of cigarette	116683
license application fees received by each county auditor after the	116684
fourth Monday in May and that is required to be deposited in the	116685
cigarette tax enforcement fund shall be sent to the treasurer of	116686
state by the last day of the month following the month in which	116687
such fees were collected.	116688

(F)(1) Every person who desires to engage in the business of	116689
a manufacturer or importer of cigarettes shall, annually, on or	116690
before the fourth Monday of May, make and deliver to the tax	116691
commissioner, upon a blank form furnished by the commissioner for	116692
that purpose, a statement showing the name of the applicant, the	116693
nature of the applicant's business, and any other information	116694
required by the commissioner. If the applicant is a firm,	116695
partnership, or association other than a corporation, the	116696
applicant shall state the name and address of each of its members.	116697
If the applicant is a corporation, the applicant shall state the	116698
name and address of each of its officers.	116699

(2) Upon receipt of the application required under this	116700
section, the commissioner shall verify that the applicant is in	116701
~~good standing under~~not in violation of any provision of Chapter	116702
1346. ~~and~~or Title LVII of the Revised Code. The commissioner	116703
shall also verify that the applicant has filed any returns,	116704
submitted any information, and paid any outstanding taxes or fees	116705
as required by the commissioner, to the extent that the	116706
commissioner is aware of the returns, information, taxes, or fees	116707
at the time of the application. Upon approval, the commissioner	116708
shall issue to the applicant a license authorizing the applicant	116709
to engage in the business of manufacturer or importer, whichever	116710
the case may be, for one year commencing on the fourth Monday of	116711
May.	116712

(3) The issuing of a license under division (F)(1) of this	116713
section to a manufacturer does not excuse a manufacturer from the	116714
certification process required under section 1346.05 of the	116715
Revised Code. A manufacturer who is issued a license under	116716
division (F)(1) of this section and who is not listed on the	116717
directory required under section 1346.05 of the Revised Code shall	116718
not be permitted to sell cigarettes in this state other than to a	116719
licensed cigarette wholesaler for sale outside this state. Such a	116720
manufacturer shall provide documentation to the commissioner	116721
evidencing that the cigarettes are legal for sale in another	116722
state.	116723

(G) The tax commissioner may adopt rules necessary to	116724
administer this section.	116725

Sec. 5743.56. (A) Any person required to pay the tax imposed	116726
by section 5743.51, 5743.62, or 5743.63 of the Revised Code is	116727
personally liable for the tax. The tax commissioner may make an	116728
assessment, based upon any information in the commissioner's	116729
possession, against any person who fails to file a return or pay	116730
any tax, interest, or additional charge as required by this	116731
chapter. The commissioner shall give the person assessed written	116732
notice of such assessment in the manner provided in section	116733
5703.37 of the Revised Code. With the notice, the commissioner	116734
shall provide instructions on how to petition for reassessment and	116735
request a hearing on the petition.	116736

(B) When the information in the possession of the tax	116737
commissioner indicates that a person liable for the tax imposed by	116738
section 5743.51, 5743.62, or 5743.63 of the Revised Code has not	116739
paid the full amount of tax due, the commissioner may audit a	116740
representative sample of the person's business and may issue an	116741
assessment based on such audit.	116742

(C) A penalty of up to fifteen per cent may be added to all	116743
amounts assessed under this section. The tax commissioner may	116744
adopt rules providing for the imposition and remission of such	116745
penalties.	116746

(D) Unless the person assessed files with the tax	116747
commissioner within sixty days after service of the notice of	116748
assessment, either personally or by certified mail, a written	116749
petition for reassessment signed by the person assessed or that	116750
person's authorized agent having knowledge of the facts, the	116751
assessment becomes final and the amount of the assessment is due	116752
and payable from the person assessed to the treasurer of state. A	116753
petition shall indicate the objections of the person assessed, but	116754
additional objections may be raised in writing if received by the	116755
commissioner prior to the date shown on the final determination.	116756
If the petition has been properly filed, the commissioner shall	116757
proceed under section 5703.60 of the Revised Code.	116758

(E) After an assessment becomes final, if any portion of the	116759
assessment, including accrued interest, remains unpaid, a	116760
certified copy of the tax commissioner's entry making the	116761
assessment final may be filed in the office of the clerk of the	116762
court of common pleas in the county in which the person assessed	116763
resides or in which the person assessed conducts business. If the	116764
person assessed maintains no place of business in this state and	116765
is not a resident of this state, the certified copy of the entry	116766
may be filed in the office of the clerk of the court of common	116767
pleas of Franklin county.	116768

Immediately upon the filing of the entry, the clerk shall	116769
enter a judgment for the state against the person assessed in the	116770
amount shown on the entry. The judgment may be filed by the clerk	116771
in a loose-leaf book entitled "special judgments for state tobacco	116772
products tax," and shall have the same effect as other judgments.	116773
Execution shall issue upon the judgment upon the request of the	116774
commissioner, and all laws applicable to sales on execution shall	116775
apply to sales made under the judgment.	116776

~~The portion of~~If the assessment is not paid in its entirety	116777
within sixty days after the day the assessment is issued, the	116778
portion of the assessment consisting of tax due shall bear	116779
interest at the rate per annum prescribed by section 5703.47 of	116780
the Revised Code from the day the commissioner issues the	116781
assessment until the assessment is paid or until it is certified	116782
to the attorney general for collection under section 131.02 of the	116783
Revised Code, whichever comes first. If the unpaid portion of the	116784
assessment is certified to the attorney general for collection,	116785
the entire unpaid portion of the assessment shall bear interest at	116786
the rate per annum prescribed by section 5703.47 of the Revised	116787
Code from the date of certification until the date it is paid in	116788
its entirety. Interest shall be paid in the same manner as the tax	116789
and may be collected by issuing an assessment under this section.	116790

(F) If the tax commissioner believes that collection of the	116791
tax will be jeopardized unless proceedings to collect or secure	116792
collection of the tax are instituted without delay, the	116793
commissioner may issue a jeopardy assessment against the person	116794
liable for the tax. Immediately upon the issuance of the jeopardy	116795
assessment, the commissioner shall file an entry with the clerk of	116796
the court of common pleas in the manner prescribed by division (E)	116797
of this section. Notice of the jeopardy assessment shall be served	116798
on the person assessed or the legal representative of the person	116799
assessed, as provided in section 5703.37 of the Revised Code,	116800
within five days of the filing of the entry with the clerk. The	116801
total amount assessed is immediately due and payable, unless the	116802
person assessed files a petition for reassessment in accordance	116803
with division (D) of this section and provides security in a form	116804
satisfactory to the commissioner and in an amount sufficient to	116805
satisfy the unpaid balance of the assessment. Full or partial	116806
payment of the assessment does not prejudice the commissioner's	116807
consideration of the petition for reassessment.	116808

(G) All money collected by the tax commissioner under this	116809
section shall be paid to the treasurer of state as revenue arising	116810
from the tax imposed by sections 5743.51, 5743.62, and 5743.63 of	116811
the Revised Code.	116812

Sec. 5745.12. (A) If any taxpayer required to file a report	116813
under this chapter fails to file the report within the time	116814
prescribed, files an incorrect report, or fails to remit the full	116815
amount of the tax due for the period covered by the report, the	116816
tax commissioner may make an assessment against the taxpayer for	116817
any deficiency for the period for which the report or tax is due,	116818
based upon any information in the commissioner's possession.	116819

The tax commissioner shall not make or issue an assessment	116820
against a taxpayer more than three years after the later of the	116821
final date the report subject to assessment was required to be	116822
filed or the date the report was filed. Such time limit may be	116823
extended if both the taxpayer and the commissioner consent in	116824
writing to the extension. Any such extension shall extend the	116825
three-year time limit in section 5745.11 of the Revised Code for	116826
the same period of time. There shall be no bar or limit to an	116827
assessment against a taxpayer that fails to file a report subject	116828
to assessment as required by this chapter, or that files a	116829
fraudulent report. The commissioner shall give the taxpayer	116830
assessed written notice of the assessment as provided in section	116831
5703.37 of the Revised Code. With the notice, the commissioner	116832
shall provide instructions on how to petition for reassessment and	116833
request a hearing on the petition.	116834

(B) Unless the taxpayer assessed files with the tax	116835
commissioner within sixty days after service of the notice of	116836
assessment, either personally or by certified mail, a written	116837
petition for reassessment signed by the authorized agent of the	116838
taxpayer assessed having knowledge of the facts, the assessment	116839
becomes final, and the amount of the assessment is due and payable	116840
from the taxpayer to the treasurer of state. The petition shall	116841
indicate the taxpayer's objections, but additional objections may	116842
be raised in writing if received by the commissioner prior to the	116843
date shown on the final determination. If the petition has been	116844
properly filed, the commissioner shall proceed under section	116845
5703.60 of the Revised Code.	116846

(C) After an assessment becomes final, if any portion of the	116847
assessment remains unpaid, including accrued interest, a certified	116848
copy of the tax commissioner's entry making the assessment final	116849
may be filed in the office of the clerk of the court of common	116850
pleas in the county in which the taxpayer has an office or place	116851
of business in this state, the county in which the taxpayer's	116852
statutory agent is located, or Franklin county.	116853

Immediately upon the filing of the entry, the clerk shall	116854
enter a judgment against the taxpayer assessed in the amount shown	116855
on the entry. The judgment may be filed by the clerk in a	116856
loose-leaf book entitled "special judgments for municipal income	116857
taxes," and shall have the same effect as other judgments.	116858
Execution shall issue upon the judgment upon the request of the	116859
tax commissioner, and all laws applicable to sales on execution	116860
shall apply to sales made under the judgment.	116861

~~The portion of an~~If the assessment is not paid in its	116862
entirety within sixty days after the day the assessment was	116863
issued, the portion of the assessment consisting of tax due shall	116864
bear interest at the rate per annum prescribed by section 5703.47	116865
of the Revised Code from the day the commissioner issues the	116866
assessment until the assessment is paid or until it is certified	116867
to the attorney general for collection under section 131.02 of the	116868
Revised Code, whichever comes first. If the unpaid portion of the	116869
assessment is certified to the attorney general for collection,	116870
the entire unpaid portion of the assessment shall bear interest at	116871
the rate per annum prescribed by section 5703.47 of the Revised	116872
Code from the date of certification until the date it is paid in	116873
its entirety. Interest shall be paid in the same manner as the tax	116874
and may be collected by issuing an assessment under this section.	116875

(D) All money collected under this section shall be credited	116876
and distributed to the municipal corporation to which the money is	116877
owed based on the assessment issued under this section.	116878

(E) If the tax commissioner believes that collection of the	116879
tax imposed by this chapter will be jeopardized unless proceedings	116880
to collect or secure collection of the tax are instituted without	116881
delay, the commissioner may issue a jeopardy assessment against	116882
the taxpayer liable for the tax. Immediately upon the issuance of	116883
the jeopardy assessment, the commissioner shall file an entry with	116884
the clerk of the court of common pleas in the manner prescribed by	116885
division (C) of this section. Notice of the jeopardy assessment	116886
shall be served on the taxpayer assessed or the taxpayer's legal	116887
representative in the manner provided in section 5703.37 of the	116888
Revised Code within five days of the filing of the entry with the	116889
clerk. The total amount assessed is immediately due and payable,	116890
unless the taxpayer assessed files a petition for reassessment in	116891
accordance with division (B) of this section and provides security	116892
in a form satisfactory to the commissioner and in an amount	116893
sufficient to satisfy the unpaid balance of the assessment. Full	116894
or partial payment of the assessment does not prejudice the	116895
commissioner's consideration of the petition for reassessment.	116896

(F) Notwithstanding the fact that a petition for reassessment	116897
is pending, the taxpayer may pay all or a portion of the	116898
assessment that is the subject of the petition. The acceptance of	116899
a payment by the treasurer of state does not prejudice any claim	116900
for refund upon final determination of the petition.	116901

If upon final determination of the petition an error in the	116902
assessment is corrected by the tax commissioner, upon petition so	116903
filed or pursuant to a decision of the board of tax appeals or any	116904
court to which the determination or decision has been appealed, so	116905
that the amount due from the taxpayer under the corrected	116906
assessment is less than the portion paid, there shall be issued to	116907
the taxpayer, its assigns, or legal representative a refund in the	116908
amount of the overpayment as provided by section 5745.11 of the	116909
Revised Code, with interest on that amount as provided by section	116910
5745.11 of the Revised Code.	116911

Sec. 5747.01. Except as otherwise expressly provided or	116912
clearly appearing from the context, any term used in this chapter	116913
that is not otherwise defined in this section has the same meaning	116914
as when used in a comparable context in the laws of the United	116915
States relating to federal income taxes or if not used in a	116916
comparable context in those laws, has the same meaning as in	116917
section 5733.40 of the Revised Code. Any reference in this chapter	116918
to the Internal Revenue Code includes other laws of the United	116919
States relating to federal income taxes.	116920

As used in this chapter:

116921

(A) "Adjusted gross income" or "Ohio adjusted gross income"	116922
means federal adjusted gross income, as defined and used in the	116923
Internal Revenue Code, adjusted as provided in this section:	116924

(1) Add interest or dividends on obligations or securities of	116925
any state or of any political subdivision or authority of any	116926
state, other than this state and its subdivisions and authorities.	116927

(2) Add interest or dividends on obligations of any	116928
authority, commission, instrumentality, territory, or possession	116929
of the United States to the extent that the interest or dividends	116930
are exempt from federal income taxes but not from state income	116931
taxes.	116932

(3) Deduct interest or dividends on obligations of the United	116933
States and its territories and possessions or of any authority,	116934
commission, or instrumentality of the United States to the extent	116935
that the interest or dividends are included in federal adjusted	116936
gross income but exempt from state income taxes under the laws of	116937
the United States.	116938

(4) Deduct disability and survivor's benefits to the extent	116939
included in federal adjusted gross income.	116940

(5) Deduct benefits under Title II of the Social Security Act	116941
and tier 1 railroad retirement benefits to the extent included in	116942
federal adjusted gross income under section 86 of the Internal	116943
Revenue Code.	116944

(6) In the case of a taxpayer who is a beneficiary of a trust	116945
that makes an accumulation distribution as defined in section 665	116946
of the Internal Revenue Code, add, for the beneficiary's taxable	116947
years beginning before 2002, the portion, if any, of such	116948
distribution that does not exceed the undistributed net income of	116949
the trust for the three taxable years preceding the taxable year	116950
in which the distribution is made to the extent that the portion	116951
was not included in the trust's taxable income for any of the	116952
trust's taxable years beginning in 2002 or thereafter.	116953
"Undistributed net income of a trust" means the taxable income of	116954
the trust increased by (a)(i) the additions to adjusted gross	116955
income required under division (A) of this section and (ii) the	116956
personal exemptions allowed to the trust pursuant to section	116957
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	116958
deductions to adjusted gross income required under division (A) of	116959
this section, (ii) the amount of federal income taxes attributable	116960
to such income, and (iii) the amount of taxable income that has	116961
been included in the adjusted gross income of a beneficiary by	116962
reason of a prior accumulation distribution. Any undistributed net	116963
income included in the adjusted gross income of a beneficiary	116964
shall reduce the undistributed net income of the trust commencing	116965
with the earliest years of the accumulation period.	116966

(7) Deduct the amount of wages and salaries, if any, not	116967
otherwise allowable as a deduction but that would have been	116968
allowable as a deduction in computing federal adjusted gross	116969
income for the taxable year, had the targeted jobs credit allowed	116970
and determined under sections 38, 51, and 52 of the Internal	116971
Revenue Code not been in effect.	116972

(8) Deduct any interest or interest equivalent on public	116973
obligations and purchase obligations to the extent that the	116974
interest or interest equivalent is included in federal adjusted	116975
gross income.	116976

(9) Add any loss or deduct any gain resulting from the sale,	116977
exchange, or other disposition of public obligations to the extent	116978
that the loss has been deducted or the gain has been included in	116979
computing federal adjusted gross income.	116980

(10) Deduct or add amounts, as provided under section 5747.70	116981
of the Revised Code, related to contributions to variable college	116982
savings program accounts made or tuition units purchased pursuant	116983
to Chapter 3334. of the Revised Code.	116984

(11)(a) Deduct, to the extent not otherwise allowable as a	116985
deduction or exclusion in computing federal or Ohio adjusted gross	116986
income for the taxable year, the amount the taxpayer paid during	116987
the taxable year for medical care insurance and qualified	116988
long-term care insurance for the taxpayer, the taxpayer's spouse,	116989
and dependents. No deduction for medical care insurance under	116990
division (A)(11) of this section shall be allowed either to any	116991
taxpayer who is eligible to participate in any subsidized health	116992
plan maintained by any employer of the taxpayer or of the	116993
taxpayer's spouse, or to any taxpayer who is entitled to, or on	116994
application would be entitled to, benefits under part A of Title	116995
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	116996
301, as amended. For the purposes of division (A)(11)(a) of this	116997
section, "subsidized health plan" means a health plan for which	116998
the employer pays any portion of the plan's cost. The deduction	116999
allowed under division (A)(11)(a) of this section shall be the net	117000
of any related premium refunds, related premium reimbursements, or	117001
related insurance premium dividends received during the taxable	117002
year.	117003

(b) Deduct, to the extent not otherwise deducted or excluded	117004
in computing federal or Ohio adjusted gross income during the	117005
taxable year, the amount the taxpayer paid during the taxable	117006
year, not compensated for by any insurance or otherwise, for	117007
medical care of the taxpayer, the taxpayer's spouse, and	117008
dependents, to the extent the expenses exceed seven and one-half	117009
per cent of the taxpayer's federal adjusted gross income.	117010

(c) Deduct, to the extent not otherwise deducted or excluded	117011
in computing federal or Ohio adjusted gross income, any amount	117012
included in federal adjusted gross income under section 105 or not	117013
excluded under section 106 of the Internal Revenue Code solely	117014
because it relates to an accident and health plan for a person who	117015
otherwise would be a "qualifying relative" and thus a "dependent"	117016
under section 152 of the Internal Revenue Code but for the fact	117017
that the person fails to meet the income and support limitations	117018
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	117019

(d) For purposes of division (A)(11) of this section,	117020
"medical care" has the meaning given in section 213 of the	117021
Internal Revenue Code, subject to the special rules, limitations,	117022
and exclusions set forth therein, and "qualified long-term care"	117023
has the same meaning given in section 7702B(c) of the Internal	117024
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	117025
of this section, "dependent" includes a person who otherwise would	117026
be a "qualifying relative" and thus a "dependent" under section	117027
152 of the Internal Revenue Code but for the fact that the person	117028
fails to meet the income and support limitations under section	117029
152(d)(1)(B) and (C) of the Internal Revenue Code.	117030

(12)(a) Deduct any amount included in federal adjusted gross	117031
income solely because the amount represents a reimbursement or	117032
refund of expenses that in any year the taxpayer had deducted as	117033
an itemized deduction pursuant to section 63 of the Internal	117034
Revenue Code and applicable United States department of the	117035
treasury regulations. The deduction otherwise allowed under	117036
division (A)(12)(a) of this section shall be reduced to the extent	117037
the reimbursement is attributable to an amount the taxpayer	117038
deducted under this section in any taxable year.	117039

(b) Add any amount not otherwise included in Ohio adjusted	117040
gross income for any taxable year to the extent that the amount is	117041
attributable to the recovery during the taxable year of any amount	117042
deducted or excluded in computing federal or Ohio adjusted gross	117043
income in any taxable year.	117044

(13) Deduct any portion of the deduction described in section	117045
1341(a)(2) of the Internal Revenue Code, for repaying previously	117046
reported income received under a claim of right, that meets both	117047
of the following requirements:	117048

(a) It is allowable for repayment of an item that was	117049
included in the taxpayer's adjusted gross income for a prior	117050
taxable year and did not qualify for a credit under division (A)	117051
or (B) of section 5747.05 of the Revised Code for that year;	117052

(b) It does not otherwise reduce the taxpayer's adjusted	117053
gross income for the current or any other taxable year.	117054

(14) Deduct an amount equal to the deposits made to, and net	117055
investment earnings of, a medical savings account during the	117056
taxable year, in accordance with section 3924.66 of the Revised	117057
Code. The deduction allowed by division (A)(14) of this section	117058
does not apply to medical savings account deposits and earnings	117059
otherwise deducted or excluded for the current or any other	117060
taxable year from the taxpayer's federal adjusted gross income.	117061

(15)(a) Add an amount equal to the funds withdrawn from a	117062
medical savings account during the taxable year, and the net	117063
investment earnings on those funds, when the funds withdrawn were	117064
used for any purpose other than to reimburse an account holder	117065
for, or to pay, eligible medical expenses, in accordance with	117066
section 3924.66 of the Revised Code;	117067

(b) Add the amounts distributed from a medical savings	117068
account under division (A)(2) of section 3924.68 of the Revised	117069
Code during the taxable year.	117070

(16) Add any amount claimed as a credit under section	117071
5747.059 or 5747.65 of the Revised Code to the extent that such	117072
amount satisfies either of the following:	117073

(a) The amount was deducted or excluded from the computation	117074
of the taxpayer's federal adjusted gross income as required to be	117075
reported for the taxpayer's taxable year under the Internal	117076
Revenue Code;	117077

(b) The amount resulted in a reduction of the taxpayer's	117078
federal adjusted gross income as required to be reported for any	117079
of the taxpayer's taxable years under the Internal Revenue Code.	117080

(17) Deduct the amount contributed by the taxpayer to an	117081
individual development account program established by a county	117082
department of job and family services pursuant to sections 329.11	117083
to 329.14 of the Revised Code for the purpose of matching funds	117084
deposited by program participants. On request of the tax	117085
commissioner, the taxpayer shall provide any information that, in	117086
the tax commissioner's opinion, is necessary to establish the	117087
amount deducted under division (A)(17) of this section.	117088

(18) Beginning in taxable year 2001 but not for any taxable	117089
year beginning after December 31, 2005, if the taxpayer is married	117090
and files a joint return and the combined federal adjusted gross	117091
income of the taxpayer and the taxpayer's spouse for the taxable	117092
year does not exceed one hundred thousand dollars, or if the	117093
taxpayer is single and has a federal adjusted gross income for the	117094
taxable year not exceeding fifty thousand dollars, deduct amounts	117095
paid during the taxable year for qualified tuition and fees paid	117096
to an eligible institution for the taxpayer, the taxpayer's	117097
spouse, or any dependent of the taxpayer, who is a resident of	117098
this state and is enrolled in or attending a program that	117099
culminates in a degree or diploma at an eligible institution. The	117100
deduction may be claimed only to the extent that qualified tuition	117101
and fees are not otherwise deducted or excluded for any taxable	117102
year from federal or Ohio adjusted gross income. The deduction may	117103
not be claimed for educational expenses for which the taxpayer	117104
claims a credit under section 5747.27 of the Revised Code.	117105

(19) Add any reimbursement received during the taxable year	117106
of any amount the taxpayer deducted under division (A)(18) of this	117107
section in any previous taxable year to the extent the amount is	117108
not otherwise included in Ohio adjusted gross income.	117109

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	117110
(v) of this section, add five-sixths of the amount of depreciation	117111
expense allowed by subsection (k) of section 168 of the Internal	117112
Revenue Code, including the taxpayer's proportionate or	117113
distributive share of the amount of depreciation expense allowed	117114
by that subsection to a pass-through entity in which the taxpayer	117115
has a direct or indirect ownership interest.	117116

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	117117
this section, add five-sixths of the amount of qualifying section	117118
179 depreciation expense, including the taxpayer's proportionate	117119
or distributive share of the amount of qualifying section 179	117120
depreciation expense allowed to any pass-through entity in which	117121
the taxpayer has a direct or indirect ownership interest.	117122

(iii) Subject to division (A)(20)(a)(v) of this section, for	117123
taxable years beginning in 2012 or thereafter, if the increase in	117124
income taxes withheld by the taxpayer is equal to or greater than	117125
ten per cent of income taxes withheld by the taxpayer during the	117126
taxpayer's immediately preceding taxable year, "two-thirds" shall	117127
be substituted for "five-sixths" for the purpose of divisions	117128
(A)(20)(a)(i) and (ii) of this section.	117129

(iv) Subject to division (A)(20)(a)(v) of this section, for	117130
taxable years beginning in 2012 or thereafter, a taxpayer is not	117131
required to add an amount under division (A)(20) of this section	117132
if the increase in income taxes withheld by the taxpayer and by	117133
any pass-through entity in which the taxpayer has a direct or	117134
indirect ownership interest is equal to or greater than the sum of	117135
(I) the amount of qualifying section 179 depreciation expense and	117136
(II) the amount of depreciation expense allowed to the taxpayer by	117137
subsection (k) of section 168 of the Internal Revenue Code, and	117138
including the taxpayer's proportionate or distributive shares of	117139
such amounts allowed to any such pass-through entities.	117140

(v) If a taxpayer directly or indirectly incurs a net	117141
operating loss for the taxable year for federal income tax	117142
purposes, to the extent such loss resulted from depreciation	117143
expense allowed by subsection (k) of section 168 of the Internal	117144
Revenue Code and by qualifying section 179 depreciation expense,	117145
"the entire" shall be substituted for "five-sixths of the" for the	117146
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	117147

The tax commissioner, under procedures established by the	117148
commissioner, may waive the add-backs related to a pass-through	117149
entity if the taxpayer owns, directly or indirectly, less than	117150
five per cent of the pass-through entity.	117151

(b) Nothing in division (A)(20) of this section shall be	117152
construed to adjust or modify the adjusted basis of any asset.	117153

(c) To the extent the add-back required under division	117154
(A)(20)(a) of this section is attributable to property generating	117155
nonbusiness income or loss allocated under section 5747.20 of the	117156
Revised Code, the add-back shall be sitused to the same location	117157
as the nonbusiness income or loss generated by the property for	117158
the purpose of determining the credit under division (A) of	117159
section 5747.05 of the Revised Code. Otherwise, the add-back shall	117160
be apportioned, subject to one or more of the four alternative	117161
methods of apportionment enumerated in section 5747.21 of the	117162
Revised Code.	117163

(d) For the purposes of division (A)(20)(a)(v) of this	117164
section, net operating loss carryback and carryforward shall not	117165
include the allowance of any net operating loss deduction	117166
carryback or carryforward to the taxable year to the extent such	117167
loss resulted from depreciation allowed by section 168(k) of the	117168
Internal Revenue Code and by the qualifying section 179	117169
depreciation expense amount.	117170

(e) For the purposes of divisions (A)(20) and (21) of this	117171
section:	117172

(i) "Income taxes withheld" means the total amount withheld	117173
and remitted under sections 5747.06 and 5747.07 of the Revised	117174
Code by an employer during the employer's taxable year.	117175

(ii) "Increase in income taxes withheld" means the amount by	117176
which the amount of income taxes withheld by an employer during	117177
the employer's current taxable year exceeds the amount of income	117178
taxes withheld by that employer during the employer's immediately	117179
preceding taxable year.	117180

(iii) "Qualifying section 179 depreciation expense" means the	117181
difference between (I) the amount of depreciation expense directly	117182
or indirectly allowed to a taxpayer under section 179 of the	117183
Internal Revised Code, and (II) the amount of depreciation expense	117184
directly or indirectly allowed to the taxpayer under section 179	117185
of the Internal Revenue Code as that section existed on December	117186
31, 2002.	117187

(21)(a) If the taxpayer was required to add an amount under	117188
division (A)(20)(a) of this section for a taxable year, deduct one	117189
of the following:	117190

(i) One-fifth of the amount so added for each of the five	117191
succeeding taxable years if the amount so added was five-sixths of	117192
qualifying section 179 depreciation expense or depreciation	117193
expense allowed by subsection (k) of section 168 of the Internal	117194
Revenue Code;	117195

(ii) One-half of the amount so added for each of the two	117196
succeeding taxable years if the amount so added was two-thirds of	117197
such depreciation expense;	117198

(iii) One-sixth of the amount so added for each of the six	117199
succeeding taxable years if the entire amount of such depreciation	117200
expense was so added.	117201

(b) If the amount deducted under division (A)(21)(a) of this	117202
section is attributable to an add-back allocated under division	117203
(A)(20)(c) of this section, the amount deducted shall be sitused	117204
to the same location. Otherwise, the add-back shall be apportioned	117205
using the apportionment factors for the taxable year in which the	117206
deduction is taken, subject to one or more of the four alternative	117207
methods of apportionment enumerated in section 5747.21 of the	117208
Revised Code.	117209

(c) No deduction is available under division (A)(21)(a) of	117210
this section with regard to any depreciation allowed by section	117211
168(k) of the Internal Revenue Code and by the qualifying section	117212
179 depreciation expense amount to the extent that such	117213
depreciation results in or increases a federal net operating loss	117214
carryback or carryforward. If no such deduction is available for a	117215
taxable year, the taxpayer may carry forward the amount not	117216
deducted in such taxable year to the next taxable year and add	117217
that amount to any deduction otherwise available under division	117218
(A)(21)(a) of this section for that next taxable year. The	117219
carryforward of amounts not so deducted shall continue until the	117220
entire addition required by division (A)(20)(a) of this section	117221
has been deducted.	117222

(d) No refund shall be allowed as a result of adjustments	117223
made by division (A)(21) of this section.	117224

(22) Deduct, to the extent not otherwise deducted or excluded	117225
in computing federal or Ohio adjusted gross income for the taxable	117226
year, the amount the taxpayer received during the taxable year as	117227
reimbursement for life insurance premiums under section 5919.31 of	117228
the Revised Code.	117229

(23) Deduct, to the extent not otherwise deducted or excluded	117230
in computing federal or Ohio adjusted gross income for the taxable	117231
year, the amount the taxpayer received during the taxable year as	117232
a death benefit paid by the adjutant general under section 5919.33	117233
of the Revised Code.	117234

(24) Deduct, to the extent included in federal adjusted gross	117235
income and not otherwise allowable as a deduction or exclusion in	117236
computing federal or Ohio adjusted gross income for the taxable	117237
year, military pay and allowances received by the taxpayer during	117238
the taxable year for active duty service in the United States	117239
army, air force, navy, marine corps, or coast guard or reserve	117240
components thereof or the national guard. The deduction may not be	117241
claimed for military pay and allowances received by the taxpayer	117242
while the taxpayer is stationed in this state.	117243

(25) Deduct, to the extent not otherwise allowable as a	117244
deduction or exclusion in computing federal or Ohio adjusted gross	117245
income for the taxable year and not otherwise compensated for by	117246
any other source, the amount of qualified organ donation expenses	117247
incurred by the taxpayer during the taxable year, not to exceed	117248
ten thousand dollars. A taxpayer may deduct qualified organ	117249
donation expenses only once for all taxable years beginning with	117250
taxable years beginning in 2007.	117251

For the purposes of division (A)(25) of this section:

117252

(a) "Human organ" means all or any portion of a human liver,	117253
pancreas, kidney, intestine, or lung, and any portion of human	117254
bone marrow.	117255

(b) "Qualified organ donation expenses" means travel	117256
expenses, lodging expenses, and wages and salary forgone by a	117257
taxpayer in connection with the taxpayer's donation, while living,	117258
of one or more of the taxpayer's human organs to another human	117259
being.	117260

(26) Deduct, to the extent not otherwise deducted or excluded	117261
in computing federal or Ohio adjusted gross income for the taxable	117262
year, amounts received by the taxpayer as retired ~~military~~	117263
personnel pay for service in the ~~United States army, navy, air~~	117264
~~force, coast guard, or marine corps~~uniformed services or reserve	117265
components thereof, or the national guard, or received by the	117266
surviving spouse or former spouse of such a taxpayer under the	117267
survivor benefit plan on account of such a taxpayer's death. If	117268
the taxpayer receives income on account of retirement paid under	117269
the federal civil service retirement system or federal employees	117270
retirement system, or under any successor retirement program	117271
enacted by the congress of the United States that is established	117272
and maintained for retired employees of the United States	117273
government, and such retirement income is based, in whole or in	117274
part, on credit for the taxpayer's ~~military~~uniformed service, the	117275
deduction allowed under this division shall include only that	117276
portion of such retirement income that is attributable to the	117277
taxpayer's ~~military~~uniformed service, to the extent that portion	117278
of such retirement income is otherwise included in federal	117279
adjusted gross income and is not otherwise deducted under this	117280
section. Any amount deducted under division (A)(26) of this	117281
section is not included in a taxpayer's adjusted gross income for	117282
the purposes of section 5747.055 of the Revised Code. No amount	117283
may be deducted under division (A)(26) of this section on the	117284
basis of which a credit was claimed under section 5747.055 of the	117285
Revised Code.	117286

(27) Deduct, to the extent not otherwise deducted or excluded	117287
in computing federal or Ohio adjusted gross income for the taxable	117288
year, the amount the taxpayer received during the taxable year	117289
from the military injury relief fund created in section 5101.98 of	117290
the Revised Code.	117291

(28) Deduct, to the extent not otherwise deducted or excluded	117292
in computing federal or Ohio adjusted gross income for the taxable	117293
year, the amount the taxpayer received as a veterans bonus during	117294
the taxable year from the Ohio department of veterans services as	117295
authorized by Section 2r of Article VIII, Ohio Constitution.	117296

(29) Deduct, to the extent not otherwise deducted or excluded	117297
in computing federal or Ohio adjusted gross income for the taxable	117298
year, any loss from wagering transactions that is allowed as an	117299
itemized deduction under section 165 of the Internal Revenue Code	117300
and that the taxpayer deducted in computing federal taxable	117301
income.	117302

(30) Deduct, to the extent not otherwise deducted or excluded	117303
in computing federal or Ohio adjusted gross income for the taxable	117304
year, any income derived from a transfer agreement or from the	117305
enterprise transferred under that agreement under section 4313.02	117306
of the Revised Code.	117307

(31) Deduct, to the extent not otherwise deducted or excluded	117308
in computing federal or Ohio adjusted gross income for the taxable	117309
year, Ohio college opportunity or federal Pell grant amounts	117310
received by the taxpayer or the taxpayer's spouse or dependent	117311
pursuant to section 3333.122 of the Revised Code or 20 U.S.C.	117312
1070a, et seq., and used to pay room or board furnished by the	117313
educational institution for which the grant was awarded at the	117314
institution's facilities, including meal plans administered by the	117315
institution. For the purposes of this division, receipt of a grant	117316
includes the distribution of a grant directly to an educational	117317
institution and the crediting of the grant to the enrollee's	117318
account with the institution.	117319

(B) "Business income" means income, including gain or loss,	117320
arising from transactions, activities, and sources in the regular	117321
course of a trade or business and includes income, gain, or loss	117322
from real property, tangible property, and intangible property if	117323
the acquisition, rental, management, and disposition of the	117324
property constitute integral parts of the regular course of a	117325
trade or business operation. "Business income" includes income,	117326
including gain or loss, from a partial or complete liquidation of	117327
a business, including, but not limited to, gain or loss from the	117328
sale or other disposition of goodwill.	117329

(C) "Nonbusiness income" means all income other than business	117330
income and may include, but is not limited to, compensation, rents	117331
and royalties from real or tangible personal property, capital	117332
gains, interest, dividends and distributions, patent or copyright	117333
royalties, or lottery winnings, prizes, and awards.	117334

(D) "Compensation" means any form of remuneration paid to an	117335
employee for personal services.	117336

(E) "Fiduciary" means a guardian, trustee, executor,	117337
administrator, receiver, conservator, or any other person acting	117338
in any fiduciary capacity for any individual, trust, or estate.	117339

(F) "Fiscal year" means an accounting period of twelve months	117340
ending on the last day of any month other than December.	117341

(G) "Individual" means any natural person.

117342

(H) "Internal Revenue Code" means the "Internal Revenue Code	117343
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	117344

(I) "Resident" means any of the following, provided that	117345
division (I)(3) of this section applies only to taxable years of a	117346
trust beginning in 2002 or thereafter:	117347

(1) An individual who is domiciled in this state, subject to	117348
section 5747.24 of the Revised Code;	117349

(2) The estate of a decedent who at the time of death was	117350
domiciled in this state. The domicile tests of section 5747.24 of	117351
the Revised Code are not controlling for purposes of division	117352
(I)(2) of this section.	117353

(3) A trust that, in whole or part, resides in this state. If	117354
only part of a trust resides in this state, the trust is a	117355
resident only with respect to that part.	117356

For the purposes of division (I)(3) of this section:

117357

(a) A trust resides in this state for the trust's current	117358
taxable year to the extent, as described in division (I)(3)(d) of	117359
this section, that the trust consists directly or indirectly, in	117360
whole or in part, of assets, net of any related liabilities, that	117361
were transferred, or caused to be transferred, directly or	117362
indirectly, to the trust by any of the following:	117363

(i) A person, a court, or a governmental entity or	117364
instrumentality on account of the death of a decedent, but only if	117365
the trust is described in division (I)(3)(e)(i) or (ii) of this	117366
section;	117367

(ii) A person who was domiciled in this state for the	117368
purposes of this chapter when the person directly or indirectly	117369
transferred assets to an irrevocable trust, but only if at least	117370
one of the trust's qualifying beneficiaries is domiciled in this	117371
state for the purposes of this chapter during all or some portion	117372
of the trust's current taxable year;	117373

(iii) A person who was domiciled in this state for the	117374
purposes of this chapter when the trust document or instrument or	117375
part of the trust document or instrument became irrevocable, but	117376
only if at least one of the trust's qualifying beneficiaries is a	117377
resident domiciled in this state for the purposes of this chapter	117378
during all or some portion of the trust's current taxable year. If	117379
a trust document or instrument became irrevocable upon the death	117380
of a person who at the time of death was domiciled in this state	117381
for purposes of this chapter, that person is a person described in	117382
division (I)(3)(a)(iii) of this section.	117383

(b) A trust is irrevocable to the extent that the transferor	117384
is not considered to be the owner of the net assets of the trust	117385
under sections 671 to 678 of the Internal Revenue Code.	117386

(c) With respect to a trust other than a charitable lead	117387
trust, "qualifying beneficiary" has the same meaning as "potential	117388
current beneficiary" as defined in section 1361(e)(2) of the	117389
Internal Revenue Code, and with respect to a charitable lead trust	117390
"qualifying beneficiary" is any current, future, or contingent	117391
beneficiary, but with respect to any trust "qualifying	117392
beneficiary" excludes a person or a governmental entity or	117393
instrumentality to any of which a contribution would qualify for	117394
the charitable deduction under section 170 of the Internal Revenue	117395
Code.	117396

(d) For the purposes of division (I)(3)(a) of this section,	117397
the extent to which a trust consists directly or indirectly, in	117398
whole or in part, of assets, net of any related liabilities, that	117399
were transferred directly or indirectly, in whole or part, to the	117400
trust by any of the sources enumerated in that division shall be	117401
ascertained by multiplying the fair market value of the trust's	117402
assets, net of related liabilities, by the qualifying ratio, which	117403
shall be computed as follows:	117404

(i) The first time the trust receives assets, the numerator	117405
of the qualifying ratio is the fair market value of those assets	117406
at that time, net of any related liabilities, from sources	117407
enumerated in division (I)(3)(a) of this section. The denominator	117408
of the qualifying ratio is the fair market value of all the	117409
trust's assets at that time, net of any related liabilities.	117410

(ii) Each subsequent time the trust receives assets, a	117411
revised qualifying ratio shall be computed. The numerator of the	117412
revised qualifying ratio is the sum of (1) the fair market value	117413
of the trust's assets immediately prior to the subsequent	117414
transfer, net of any related liabilities, multiplied by the	117415
qualifying ratio last computed without regard to the subsequent	117416
transfer, and (2) the fair market value of the subsequently	117417
transferred assets at the time transferred, net of any related	117418
liabilities, from sources enumerated in division (I)(3)(a) of this	117419
section. The denominator of the revised qualifying ratio is the	117420
fair market value of all the trust's assets immediately after the	117421
subsequent transfer, net of any related liabilities.	117422

(iii) Whether a transfer to the trust is by or from any of	117423
the sources enumerated in division (I)(3)(a) of this section shall	117424
be ascertained without regard to the domicile of the trust's	117425
beneficiaries.	117426

(e) For the purposes of division (I)(3)(a)(i) of this	117427
section:	117428

(i) A trust is described in division (I)(3)(e)(i) of this	117429
section if the trust is a testamentary trust and the testator of	117430
that testamentary trust was domiciled in this state at the time of	117431
the testator's death for purposes of the taxes levied under	117432
Chapter 5731. of the Revised Code.	117433

(ii) A trust is described in division (I)(3)(e)(ii) of this	117434
section if the transfer is a qualifying transfer described in any	117435
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	117436
irrevocable inter vivos trust, and at least one of the trust's	117437
qualifying beneficiaries is domiciled in this state for purposes	117438
of this chapter during all or some portion of the trust's current	117439
taxable year.	117440

(f) For the purposes of division (I)(3)(e)(ii) of this	117441
section, a "qualifying transfer" is a transfer of assets, net of	117442
any related liabilities, directly or indirectly to a trust, if the	117443
transfer is described in any of the following:	117444

(i) The transfer is made to a trust, created by the decedent	117445
before the decedent's death and while the decedent was domiciled	117446
in this state for the purposes of this chapter, and, prior to the	117447
death of the decedent, the trust became irrevocable while the	117448
decedent was domiciled in this state for the purposes of this	117449
chapter.	117450

(ii) The transfer is made to a trust to which the decedent,	117451
prior to the decedent's death, had directly or indirectly	117452
transferred assets, net of any related liabilities, while the	117453
decedent was domiciled in this state for the purposes of this	117454
chapter, and prior to the death of the decedent the trust became	117455
irrevocable while the decedent was domiciled in this state for the	117456
purposes of this chapter.	117457

(iii) The transfer is made on account of a contractual	117458
relationship existing directly or indirectly between the	117459
transferor and either the decedent or the estate of the decedent	117460
at any time prior to the date of the decedent's death, and the	117461
decedent was domiciled in this state at the time of death for	117462
purposes of the taxes levied under Chapter 5731. of the Revised	117463
Code.	117464

(iv) The transfer is made to a trust on account of a	117465
contractual relationship existing directly or indirectly between	117466
the transferor and another person who at the time of the	117467
decedent's death was domiciled in this state for purposes of this	117468
chapter.	117469

(v) The transfer is made to a trust on account of the will of	117470
a testator who was domiciled in this state at the time of the	117471
testator's death for purposes of the taxes levied under Chapter	117472
5731. of the Revised Code.	117473

(vi) The transfer is made to a trust created by or caused to	117474
be created by a court, and the trust was directly or indirectly	117475
created in connection with or as a result of the death of an	117476
individual who, for purposes of the taxes levied under Chapter	117477
5731. of the Revised Code, was domiciled in this state at the time	117478
of the individual's death.	117479

(g) The tax commissioner may adopt rules to ascertain the	117480
part of a trust residing in this state.	117481

(J) "Nonresident" means an individual or estate that is not a	117482
resident. An individual who is a resident for only part of a	117483
taxable year is a nonresident for the remainder of that taxable	117484
year.	117485

(K) "Pass-through entity" has the same meaning as in section	117486
5733.04 of the Revised Code.	117487

(L) "Return" means the notifications and reports required to	117488
be filed pursuant to this chapter for the purpose of reporting the	117489
tax due and includes declarations of estimated tax when so	117490
required.	117491

(M) "Taxable year" means the calendar year or the taxpayer's	117492
fiscal year ending during the calendar year, or fractional part	117493
thereof, upon which the adjusted gross income is calculated	117494
pursuant to this chapter.	117495

(N) "Taxpayer" means any person subject to the tax imposed by	117496
section 5747.02 of the Revised Code or any pass-through entity	117497
that makes the election under division (D) of section 5747.08 of	117498
the Revised Code.	117499

(O) "Dependents" means dependents as defined in the Internal	117500
Revenue Code and as claimed in the taxpayer's federal income tax	117501
return for the taxable year or which the taxpayer would have been	117502
permitted to claim had the taxpayer filed a federal income tax	117503
return.	117504

(P) "Principal county of employment" means, in the case of a	117505
nonresident, the county within the state in which a taxpayer	117506
performs services for an employer or, if those services are	117507
performed in more than one county, the county in which the major	117508
portion of the services are performed.	117509

(Q) As used in sections 5747.50 to 5747.55 of the Revised	117510
Code:	117511

(1) "Subdivision" means any county, municipal corporation,	117512
park district, or township.	117513

(2) "Essential local government purposes" includes all	117514
functions that any subdivision is required by general law to	117515
exercise, including like functions that are exercised under a	117516
charter adopted pursuant to the Ohio Constitution.	117517

(R) "Overpayment" means any amount already paid that exceeds	117518
the figure determined to be the correct amount of the tax.	117519

(S) "Taxable income" or "Ohio taxable income" applies only to	117520
estates and trusts, and means federal taxable income, as defined	117521
and used in the Internal Revenue Code, adjusted as follows:	117522

(1) Add interest or dividends, net of ordinary, necessary,	117523
and reasonable expenses not deducted in computing federal taxable	117524
income, on obligations or securities of any state or of any	117525
political subdivision or authority of any state, other than this	117526
state and its subdivisions and authorities, but only to the extent	117527
that such net amount is not otherwise includible in Ohio taxable	117528
income and is described in either division (S)(1)(a) or (b) of	117529
this section:	117530

(a) The net amount is not attributable to the S portion of an	117531
electing small business trust and has not been distributed to	117532
beneficiaries for the taxable year;	117533

(b) The net amount is attributable to the S portion of an	117534
electing small business trust for the taxable year.	117535

(2) Add interest or dividends, net of ordinary, necessary,	117536
and reasonable expenses not deducted in computing federal taxable	117537
income, on obligations of any authority, commission,	117538
instrumentality, territory, or possession of the United States to	117539
the extent that the interest or dividends are exempt from federal	117540
income taxes but not from state income taxes, but only to the	117541
extent that such net amount is not otherwise includible in Ohio	117542
taxable income and is described in either division (S)(1)(a) or	117543
(b) of this section;	117544

(3) Add the amount of personal exemption allowed to the	117545
estate pursuant to section 642(b) of the Internal Revenue Code;	117546

(4) Deduct interest or dividends, net of related expenses	117547
deducted in computing federal taxable income, on obligations of	117548
the United States and its territories and possessions or of any	117549
authority, commission, or instrumentality of the United States to	117550
the extent that the interest or dividends are exempt from state	117551
taxes under the laws of the United States, but only to the extent	117552
that such amount is included in federal taxable income and is	117553
described in either division (S)(1)(a) or (b) of this section;	117554

(5) Deduct the amount of wages and salaries, if any, not	117555
otherwise allowable as a deduction but that would have been	117556
allowable as a deduction in computing federal taxable income for	117557
the taxable year, had the targeted jobs credit allowed under	117558
sections 38, 51, and 52 of the Internal Revenue Code not been in	117559
effect, but only to the extent such amount relates either to	117560
income included in federal taxable income for the taxable year or	117561
to income of the S portion of an electing small business trust for	117562
the taxable year;	117563

(6) Deduct any interest or interest equivalent, net of	117564
related expenses deducted in computing federal taxable income, on	117565
public obligations and purchase obligations, but only to the	117566
extent that such net amount relates either to income included in	117567
federal taxable income for the taxable year or to income of the S	117568
portion of an electing small business trust for the taxable year;	117569

(7) Add any loss or deduct any gain resulting from sale,	117570
exchange, or other disposition of public obligations to the extent	117571
that such loss has been deducted or such gain has been included in	117572
computing either federal taxable income or income of the S portion	117573
of an electing small business trust for the taxable year;	117574

(8) Except in the case of the final return of an estate, add	117575
any amount deducted by the taxpayer on both its Ohio estate tax	117576
return pursuant to section 5731.14 of the Revised Code, and on its	117577
federal income tax return in determining federal taxable income;	117578

(9)(a) Deduct any amount included in federal taxable income	117579
solely because the amount represents a reimbursement or refund of	117580
expenses that in a previous year the decedent had deducted as an	117581
itemized deduction pursuant to section 63 of the Internal Revenue	117582
Code and applicable treasury regulations. The deduction otherwise	117583
allowed under division (S)(9)(a) of this section shall be reduced	117584
to the extent the reimbursement is attributable to an amount the	117585
taxpayer or decedent deducted under this section in any taxable	117586
year.	117587

(b) Add any amount not otherwise included in Ohio taxable	117588
income for any taxable year to the extent that the amount is	117589
attributable to the recovery during the taxable year of any amount	117590
deducted or excluded in computing federal or Ohio taxable income	117591
in any taxable year, but only to the extent such amount has not	117592
been distributed to beneficiaries for the taxable year.	117593

(10) Deduct any portion of the deduction described in section	117594
1341(a)(2) of the Internal Revenue Code, for repaying previously	117595
reported income received under a claim of right, that meets both	117596
of the following requirements:	117597

(a) It is allowable for repayment of an item that was	117598
included in the taxpayer's taxable income or the decedent's	117599
adjusted gross income for a prior taxable year and did not qualify	117600
for a credit under division (A) or (B) of section 5747.05 of the	117601
Revised Code for that year.	117602

(b) It does not otherwise reduce the taxpayer's taxable	117603
income or the decedent's adjusted gross income for the current or	117604
any other taxable year.	117605

(11) Add any amount claimed as a credit under section	117606
5747.059 or 5747.65 of the Revised Code to the extent that the	117607
amount satisfies either of the following:	117608

(a) The amount was deducted or excluded from the computation	117609
of the taxpayer's federal taxable income as required to be	117610
reported for the taxpayer's taxable year under the Internal	117611
Revenue Code;	117612

(b) The amount resulted in a reduction in the taxpayer's	117613
federal taxable income as required to be reported for any of the	117614
taxpayer's taxable years under the Internal Revenue Code.	117615

(12) Deduct any amount, net of related expenses deducted in	117616
computing federal taxable income, that a trust is required to	117617
report as farm income on its federal income tax return, but only	117618
if the assets of the trust include at least ten acres of land	117619
satisfying the definition of "land devoted exclusively to	117620
agricultural use" under section 5713.30 of the Revised Code,	117621
regardless of whether the land is valued for tax purposes as such	117622
land under sections 5713.30 to 5713.38 of the Revised Code. If the	117623
trust is a pass-through entity investor, section 5747.231 of the	117624
Revised Code applies in ascertaining if the trust is eligible to	117625
claim the deduction provided by division (S)(12) of this section	117626
in connection with the pass-through entity's farm income.	117627

Except for farm income attributable to the S portion of an	117628
electing small business trust, the deduction provided by division	117629
(S)(12) of this section is allowed only to the extent that the	117630
trust has not distributed such farm income. Division (S)(12) of	117631
this section applies only to taxable years of a trust beginning in	117632
2002 or thereafter.	117633

(13) Add the net amount of income described in section 641(c)	117634
of the Internal Revenue Code to the extent that amount is not	117635
included in federal taxable income.	117636

(14) Add or deduct the amount the taxpayer would be required	117637
to add or deduct under division (A)(20) or (21) of this section if	117638
the taxpayer's Ohio taxable income were computed in the same	117639
manner as an individual's Ohio adjusted gross income is computed	117640
under this section. In the case of a trust, division (S)(14) of	117641
this section applies only to any of the trust's taxable years	117642
beginning in 2002 or thereafter.	117643

(T) "School district income" and "school district income tax"	117644
have the same meanings as in section 5748.01 of the Revised Code.	117645

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	117646
of this section, "public obligations," "purchase obligations," and	117647
"interest or interest equivalent" have the same meanings as in	117648
section 5709.76 of the Revised Code.	117649

(V) "Limited liability company" means any limited liability	117650
company formed under Chapter 1705. of the Revised Code or under	117651
the laws of any other state.	117652

(W) "Pass-through entity investor" means any person who,	117653
during any portion of a taxable year of a pass-through entity, is	117654
a partner, member, shareholder, or equity investor in that	117655
pass-through entity.	117656

(X) "Banking day" has the same meaning as in section 1304.01	117657
of the Revised Code.	117658

(Y) "Month" means a calendar month.

117659

(Z) "Quarter" means the first three months, the second three	117660
months, the third three months, or the last three months of the	117661
taxpayer's taxable year.	117662

(AA)(1) "Eligible institution" means a state university or	117663
state institution of higher education as defined in section	117664
3345.011 of the Revised Code, or a private, nonprofit college,	117665
university, or other post-secondary institution located in this	117666
state that possesses a certificate of authorization issued by the	117667
Ohio board of regents pursuant to Chapter 1713. of the Revised	117668
Code or a certificate of registration issued by the state board of	117669
career colleges and schools under Chapter 3332. of the Revised	117670
Code.	117671

(2) "Qualified tuition and fees" means tuition and fees	117672
imposed by an eligible institution as a condition of enrollment or	117673
attendance, not exceeding two thousand five hundred dollars in	117674
each of the individual's first two years of post-secondary	117675
education. If the individual is a part-time student, "qualified	117676
tuition and fees" includes tuition and fees paid for the academic	117677
equivalent of the first two years of post-secondary education	117678
during a maximum of five taxable years, not exceeding a total of	117679
five thousand dollars. "Qualified tuition and fees" does not	117680
include:	117681

(a) Expenses for any course or activity involving sports,	117682
games, or hobbies unless the course or activity is part of the	117683
individual's degree or diploma program;	117684

(b) The cost of books, room and board, student activity fees,	117685
athletic fees, insurance expenses, or other expenses unrelated to	117686
the individual's academic course of instruction;	117687

(c) Tuition, fees, or other expenses paid or reimbursed	117688
through an employer, scholarship, grant in aid, or other	117689
educational benefit program.	117690

(BB)(1) "Modified business income" means the business income	117691
included in a trust's Ohio taxable income after such taxable	117692
income is first reduced by the qualifying trust amount, if any.	117693

(2) "Qualifying trust amount" of a trust means capital gains	117694
and losses from the sale, exchange, or other disposition of equity	117695
or ownership interests in, or debt obligations of, a qualifying	117696
investee to the extent included in the trust's Ohio taxable	117697
income, but only if the following requirements are satisfied:	117698

(a) The book value of the qualifying investee's physical	117699
assets in this state and everywhere, as of the last day of the	117700
qualifying investee's fiscal or calendar year ending immediately	117701
prior to the date on which the trust recognizes the gain or loss,	117702
is available to the trust.	117703

(b) The requirements of section 5747.011 of the Revised Code	117704
are satisfied for the trust's taxable year in which the trust	117705
recognizes the gain or loss.	117706

Any gain or loss that is not a qualifying trust amount is	117707
modified business income, qualifying investment income, or	117708
modified nonbusiness income, as the case may be.	117709

(3) "Modified nonbusiness income" means a trust's Ohio	117710
taxable income other than modified business income, other than the	117711
qualifying trust amount, and other than qualifying investment	117712
income, as defined in section 5747.012 of the Revised Code, to the	117713
extent such qualifying investment income is not otherwise part of	117714
modified business income.	117715

(4) "Modified Ohio taxable income" applies only to trusts,	117716
and means the sum of the amounts described in divisions (BB)(4)(a)	117717
to (c) of this section:	117718

(a) The fraction, calculated under section 5747.013, and	117719
applying section 5747.231 of the Revised Code, multiplied by the	117720
sum of the following amounts:	117721

(i) The trust's modified business income;

117722

(ii) The trust's qualifying investment income, as defined in	117723
section 5747.012 of the Revised Code, but only to the extent the	117724
qualifying investment income does not otherwise constitute	117725
modified business income and does not otherwise constitute a	117726
qualifying trust amount.	117727

(b) The qualifying trust amount multiplied by a fraction, the	117728
numerator of which is the sum of the book value of the qualifying	117729
investee's physical assets in this state on the last day of the	117730
qualifying investee's fiscal or calendar year ending immediately	117731
prior to the day on which the trust recognizes the qualifying	117732
trust amount, and the denominator of which is the sum of the book	117733
value of the qualifying investee's total physical assets	117734
everywhere on the last day of the qualifying investee's fiscal or	117735
calendar year ending immediately prior to the day on which the	117736
trust recognizes the qualifying trust amount. If, for a taxable	117737
year, the trust recognizes a qualifying trust amount with respect	117738
to more than one qualifying investee, the amount described in	117739
division (BB)(4)(b) of this section shall equal the sum of the	117740
products so computed for each such qualifying investee.	117741

(c)(i) With respect to a trust or portion of a trust that is	117742
a resident as ascertained in accordance with division (I)(3)(d) of	117743
this section, its modified nonbusiness income.	117744

(ii) With respect to a trust or portion of a trust that is	117745
not a resident as ascertained in accordance with division	117746
(I)(3)(d) of this section, the amount of its modified nonbusiness	117747
income satisfying the descriptions in divisions (B)(2) to (5) of	117748
section 5747.20 of the Revised Code, except as otherwise provided	117749
in division (BB)(4)(c)(ii) of this section. With respect to a	117750
trust or portion of a trust that is not a resident as ascertained	117751
in accordance with division (I)(3)(d) of this section, the trust's	117752
portion of modified nonbusiness income recognized from the sale,	117753
exchange, or other disposition of a debt interest in or equity	117754
interest in a section 5747.212 entity, as defined in section	117755
5747.212 of the Revised Code, without regard to division (A) of	117756
that section, shall not be allocated to this state in accordance	117757
with section 5747.20 of the Revised Code but shall be apportioned	117758
to this state in accordance with division (B) of section 5747.212	117759
of the Revised Code without regard to division (A) of that	117760
section.	117761

If the allocation and apportionment of a trust's income under	117762
divisions (BB)(4)(a) and (c) of this section do not fairly	117763
represent the modified Ohio taxable income of the trust in this	117764
state, the alternative methods described in division (C) of	117765
section 5747.21 of the Revised Code may be applied in the manner	117766
and to the same extent provided in that section.	117767

(5)(a) Except as set forth in division (BB)(5)(b) of this	117768
section, "qualifying investee" means a person in which a trust has	117769
an equity or ownership interest, or a person or unit of government	117770
the debt obligations of either of which are owned by a trust. For	117771
the purposes of division (BB)(2)(a) of this section and for the	117772
purpose of computing the fraction described in division (BB)(4)(b)	117773
of this section, all of the following apply:	117774

(i) If the qualifying investee is a member of a qualifying	117775
controlled group on the last day of the qualifying investee's	117776
fiscal or calendar year ending immediately prior to the date on	117777
which the trust recognizes the gain or loss, then "qualifying	117778
investee" includes all persons in the qualifying controlled group	117779
on such last day.	117780

(ii) If the qualifying investee, or if the qualifying	117781
investee and any members of the qualifying controlled group of	117782
which the qualifying investee is a member on the last day of the	117783
qualifying investee's fiscal or calendar year ending immediately	117784
prior to the date on which the trust recognizes the gain or loss,	117785
separately or cumulatively own, directly or indirectly, on the	117786
last day of the qualifying investee's fiscal or calendar year	117787
ending immediately prior to the date on which the trust recognizes	117788
the qualifying trust amount, more than fifty per cent of the	117789
equity of a pass-through entity, then the qualifying investee and	117790
the other members are deemed to own the proportionate share of the	117791
pass-through entity's physical assets which the pass-through	117792
entity directly or indirectly owns on the last day of the	117793
pass-through entity's calendar or fiscal year ending within or	117794
with the last day of the qualifying investee's fiscal or calendar	117795
year ending immediately prior to the date on which the trust	117796
recognizes the qualifying trust amount.	117797

(iii) For the purposes of division (BB)(5)(a)(iii) of this	117798
section, "upper level pass-through entity" means a pass-through	117799
entity directly or indirectly owning any equity of another	117800
pass-through entity, and "lower level pass-through entity" means	117801
that other pass-through entity.	117802

An upper level pass-through entity, whether or not it is also	117803
a qualifying investee, is deemed to own, on the last day of the	117804
upper level pass-through entity's calendar or fiscal year, the	117805
proportionate share of the lower level pass-through entity's	117806
physical assets that the lower level pass-through entity directly	117807
or indirectly owns on the last day of the lower level pass-through	117808
entity's calendar or fiscal year ending within or with the last	117809
day of the upper level pass-through entity's fiscal or calendar	117810
year. If the upper level pass-through entity directly and	117811
indirectly owns less than fifty per cent of the equity of the	117812
lower level pass-through entity on each day of the upper level	117813
pass-through entity's calendar or fiscal year in which or with	117814
which ends the calendar or fiscal year of the lower level	117815
pass-through entity and if, based upon clear and convincing	117816
evidence, complete information about the location and cost of the	117817
physical assets of the lower pass-through entity is not available	117818
to the upper level pass-through entity, then solely for purposes	117819
of ascertaining if a gain or loss constitutes a qualifying trust	117820
amount, the upper level pass-through entity shall be deemed as	117821
owning no equity of the lower level pass-through entity for each	117822
day during the upper level pass-through entity's calendar or	117823
fiscal year in which or with which ends the lower level	117824
pass-through entity's calendar or fiscal year. Nothing in division	117825
(BB)(5)(a)(iii) of this section shall be construed to provide for	117826
any deduction or exclusion in computing any trust's Ohio taxable	117827
income.	117828

(b) With respect to a trust that is not a resident for the	117829
taxable year and with respect to a part of a trust that is not a	117830
resident for the taxable year, "qualifying investee" for that	117831
taxable year does not include a C corporation if both of the	117832
following apply:	117833

(i) During the taxable year the trust or part of the trust	117834
recognizes a gain or loss from the sale, exchange, or other	117835
disposition of equity or ownership interests in, or debt	117836
obligations of, the C corporation.	117837

(ii) Such gain or loss constitutes nonbusiness income.

117838

(6) "Available" means information is such that a person is	117839
able to learn of the information by the due date plus extensions,	117840
if any, for filing the return for the taxable year in which the	117841
trust recognizes the gain or loss.	117842

(CC) "Qualifying controlled group" has the same meaning as in	117843
section 5733.04 of the Revised Code.	117844

(DD) "Related member" has the same meaning as in section	117845
5733.042 of the Revised Code.	117846

(EE)(1) For the purposes of division (EE) of this section:

117847

(a) "Qualifying person" means any person other than a	117848
qualifying corporation.	117849

(b) "Qualifying corporation" means any person classified for	117850
federal income tax purposes as an association taxable as a	117851
corporation, except either of the following:	117852

(i) A corporation that has made an election under subchapter	117853
S, chapter one, subtitle A, of the Internal Revenue Code for its	117854
taxable year ending within, or on the last day of, the investor's	117855
taxable year;	117856

(ii) A subsidiary that is wholly owned by any corporation	117857
that has made an election under subchapter S, chapter one,	117858
subtitle A of the Internal Revenue Code for its taxable year	117859
ending within, or on the last day of, the investor's taxable year.	117860

(2) For the purposes of this chapter, unless expressly stated	117861
otherwise, no qualifying person indirectly owns any asset directly	117862
or indirectly owned by any qualifying corporation.	117863

(FF) For purposes of this chapter and Chapter 5751. of the	117864
Revised Code:	117865

(1) "Trust" does not include a qualified pre-income tax	117866
trust.	117867

(2) A "qualified pre-income tax trust" is any pre-income tax	117868
trust that makes a qualifying pre-income tax trust election as	117869
described in division (FF)(3) of this section.	117870

(3) A "qualifying pre-income tax trust election" is an	117871
election by a pre-income tax trust to subject to the tax imposed	117872
by section 5751.02 of the Revised Code the pre-income tax trust	117873
and all pass-through entities of which the trust owns or controls,	117874
directly, indirectly, or constructively through related interests,	117875
five per cent or more of the ownership or equity interests. The	117876
trustee shall notify the tax commissioner in writing of the	117877
election on or before April 15, 2006. The election, if timely	117878
made, shall be effective on and after January 1, 2006, and shall	117879
apply for all tax periods and tax years until revoked by the	117880
trustee of the trust.	117881

(4) A "pre-income tax trust" is a trust that satisfies all of	117882
the following requirements:	117883

(a) The document or instrument creating the trust was	117884
executed by the grantor before January 1, 1972;	117885

(b) The trust became irrevocable upon the creation of the	117886
trust; and	117887

(c) The grantor was domiciled in this state at the time the	117888
trust was created.	117889

(GG) "Uniformed services" has the same meaning as in 10	117890
U.S.C. 101.	117891

Sec. 5747.02. (A) For the purpose of providing revenue for	117892
the support of schools and local government functions, to provide	117893
relief to property taxpayers, to provide revenue for the general	117894
revenue fund, and to meet the expenses of administering the tax	117895
levied by this chapter, there is hereby levied on every	117896
individual, trust, and estate residing in or earning or receiving	117897
income in this state, on every individual, trust, and estate	117898
earning or receiving lottery winnings, prizes, or awards pursuant	117899
to Chapter 3770. of the Revised Code, on every individual, trust,	117900
and estate earning or receiving winnings on casino gaming, and on	117901
every individual, trust, and estate otherwise having nexus with or	117902
in this state under the Constitution of the United States, an	117903
annual tax measured in the case of individuals by Ohio adjusted	117904
gross income less an exemption for the taxpayer, the taxpayer's	117905
spouse, and each dependent as provided in section 5747.025 of the	117906
Revised Code; measured in the case of trusts by modified Ohio	117907
taxable income under division (D) of this section; and measured in	117908
the case of estates by Ohio taxable income. The tax imposed by	117909
this section on the balance thus obtained is hereby levied as	117910
follows:	117911

(1) For taxable years beginning in 2004:

117912

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117913
OR		117914
MODIFIED OHIO		117915
TAXABLE INCOME (TRUSTS)		117916
OR		117917
OHIO TAXABLE INCOME (ESTATES)	TAX	117918

$5,000 or less	.743%	117919
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	117920
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	117921
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	117922
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	117923
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	117924
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	117925
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	117926
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	117927

(2) For taxable years beginning in 2005:

117928

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117929
OR		117930
MODIFIED OHIO		117931
TAXABLE INCOME (TRUSTS)		117932
OR		117933
OHIO TAXABLE INCOME (ESTATES)	TAX	117934

$5,000 or less	.712%	117935
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	117936
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	117937
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	117938
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	117939
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	117940
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	117941
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	117942
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	117943

(3) For taxable years beginning in 2006:

117944

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117945
OR		117946
MODIFIED OHIO		117947
TAXABLE INCOME (TRUSTS)		117948
OR		117949
OHIO TAXABLE INCOME (ESTATES)	TAX	117950

$5,000 or less	.681%	117951
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	117952
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	117953
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	117954
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	117955
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	117956
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	117957
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	117958
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	117959

(4) For taxable years beginning in 2007:

117960

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117961
OR		117962
MODIFIED OHIO		117963
TAXABLE INCOME (TRUSTS)		117964
OR		117965
OHIO TAXABLE INCOME (ESTATES)	TAX	117966

$5,000 or less	.649%	117967
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	117968
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	117969
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	117970
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	117971
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	117972
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	117973
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	117974
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	117975

(5) For taxable years beginning in 2008, 2009, or 2010:

117976

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117977
OR		117978
MODIFIED OHIO		117979
TAXABLE INCOME (TRUSTS)		117980
OR		117981
OHIO TAXABLE INCOME (ESTATES)	TAX	117982

$5,000 or less	.618%	117983
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	117984
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	117985
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	117986
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	117987
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	117988
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	117989
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	117990
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	117991

(6) For taxable years beginning in 2011 or ~~thereafter~~2012:

117992

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		117993
OR		117994
MODIFIED OHIO		117995
TAXABLE INCOME (TRUSTS)		117996
OR		117997
OHIO TAXABLE INCOME (ESTATES)	TAX	117998

$5,000 or less	.587%	117999
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	118000
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	118001
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	118002
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	118003
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	118004
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	118005
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	118006
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	118007

(7) For taxable years beginning in 2013 or thereafter:

118008

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		118009
OR		118010
MODIFIED OHIO		118011
TAXABLE INCOME (TRUSTS)		118012
OR		118013
OHIO TAXABLE INCOME (ESTATES)	TAX	118014

$5,000 or less	.546%	118015
More than $5,000 but not more than $10,000	$27.30 plus 1.092% of the amount in excess of $5,000	118016
More than $10,000 but not more than $15,000	$81.89 plus 2.184% of the amount in excess of $10,000	118017
More than $15,000 but not more than $20,000	$191.07 plus 2.730% of the amount in excess of $15,000	118018
More than $20,000 but not more than $40,000	$327.55 plus 3.275% of the amount in excess of $20,000	118019
More than $40,000 but not more than $80,000	$982.45 plus 3.821% of the amount in excess of $40,000	118020
More than $80,000 but not more than $100,000	$2,511.00 plus 4.366% of the amount in excess of $80,000	118021
More than $100,000 but not more than $200,000	$3,384.27 plus 5.069% of the amount in excess of $100,000	118022
More than $200,000	$8,453.70 plus 5.510% of the amount in excess of $200,000	118023

In ~~July~~August of each year, ~~beginning in 2010,~~ the tax	118024
commissioner shall adjust the income amounts prescribed in this	118025
division by multiplying the percentage increase in the gross	118026
domestic product deflator computed that year under section	118027
5747.025 of the Revised Code by each of the income amounts	118028
resulting from the adjustment under this division in the preceding	118029
year, adding the resulting product to the corresponding income	118030
amount resulting from the adjustment in the preceding year, and	118031
rounding the resulting sum to the nearest multiple of fifty	118032
dollars. The tax commissioner also shall recompute each of the tax	118033
dollar amounts to the extent necessary to reflect the adjustment	118034
of the income amounts. The rates of taxation shall not be	118035
adjusted.	118036

The adjusted amounts apply to taxable years beginning in the	118037
calendar year in which the adjustments are made. The tax	118038
commissioner shall not make such adjustments in any year in which	118039
the amount resulting from the adjustment would be less than the	118040
amount resulting from the adjustment in the preceding year.	118041

(B) If the director of budget and management makes a	118042
certification to the tax commissioner under division (B) of	118043
section 131.44 of the Revised Code, the amount of tax as	118044
determined under division (A) of this section shall be reduced by	118045
the percentage prescribed in that certification for taxable years	118046
beginning in the calendar year in which that certification is	118047
made.	118048

(C) The levy of this tax on income does not prevent a	118049
municipal corporation, a joint economic development zone created	118050
under section 715.691, or a joint economic development district	118051
created under section 715.70 or 715.71 or sections 715.72 to	118052
715.81 of the Revised Code from levying a tax on income.	118053

(D) This division applies only to taxable years of a trust	118054
beginning in 2002 or thereafter.	118055

(1) The tax imposed by this section on a trust shall be	118056
computed by multiplying the Ohio modified taxable income of the	118057
trust by the rates prescribed by division (A) of this section.	118058

(2) A resident trust may claim a credit against the tax	118059
computed under division (D) of this section equal to the lesser of	118060
(1) the tax paid to another state or the District of Columbia on	118061
the resident trust's modified nonbusiness income, other than the	118062
portion of the resident trust's nonbusiness income that is	118063
qualifying investment income as defined in section 5747.012 of the	118064
Revised Code, or (2) the effective tax rate, based on modified	118065
Ohio taxable income, multiplied by the resident trust's modified	118066
nonbusiness income other than the portion of the resident trust's	118067
nonbusiness income that is qualifying investment income. The	118068
credit applies before any other applicable credits.	118069

(3) The credits enumerated in divisions (A)(1) to (13) of	118070
section 5747.98 of the Revised Code do not apply to a trust	118071
subject to division (D) of this section. Any credits enumerated in	118072
other divisions of section 5747.98 of the Revised Code apply to a	118073
trust subject to division (D) of this section. To the extent that	118074
the trust distributes income for the taxable year for which a	118075
credit is available to the trust, the credit shall be shared by	118076
the trust and its beneficiaries. The tax commissioner and the	118077
trust shall be guided by applicable regulations of the United	118078
States treasury regarding the sharing of credits.	118079

(E) For the purposes of this section, "trust" means any trust	118080
described in Subchapter J of Chapter 1 of the Internal Revenue	118081
Code, excluding trusts that are not irrevocable as defined in	118082
division (I)(3)(b) of section 5747.01 of the Revised Code and that	118083
have no modified Ohio taxable income for the taxable year,	118084
charitable remainder trusts, qualified funeral trusts and preneed	118085
funeral contract trusts established pursuant to sections 4717.31	118086
to 4717.38 of the Revised Code that are not qualified funeral	118087
trusts, endowment and perpetual care trusts, qualified settlement	118088
trusts and funds, designated settlement trusts and funds, and	118089
trusts exempted from taxation under section 501(a) of the Internal	118090
Revenue Code.	118091

Sec. 5747.022. An individual subject to the tax imposed by	118092
section 5747.02 of the Revised Code may claim a credit equal to	118093
twenty dollars times the number of exemptions allowed for the	118094
taxpayer, ~~his~~the taxpayer's spouse, and each dependent under	118095
section 5747.02 of the Revised Code. The credit shall be claimed	118096
in the order required under section 5747.98 of the Revised Code.	118097
The credit shall not be considered in determining the taxes	118098
required to be withheld under section 5747.06 of the Revised Code	118099
or the estimated taxes required to be paid under section 5747.09	118100
of the Revised Code. In the case of an individual with respect to	118101
whom an exemption under section 5747.02 of the Revised Code is	118102
allowable to another taxpayer for a taxable year beginning in the	118103
calendar year in which the individual's taxable year begins, the	118104
"number of exemptions allowed" for purposes of calculating the	118105
credit allowed under this section to such individual for the	118106
individual's taxable year shall not include an exemption for the	118107
individual.	118108

Sec. 5747.025. (A) ~~The~~Except as otherwise provided in this	118109
division, the personal exemption for the taxpayer and the	118110
taxpayer's spouse shall be seven hundred fifty dollars each for	118111
the taxable year beginning in 1996, eight hundred fifty dollars	118112
each for the taxable year beginning in 1997, nine hundred fifty	118113
dollars each for the taxable year beginning in 1998, and one	118114
thousand fifty dollars each for the taxable year beginning in 1999	118115
and taxable years beginning after 1999. The personal exemption	118116
amount prescribed in this division for taxable years beginning	118117
after 1999 shall be adjusted each year in the manner prescribed in	118118
division (C) of this section. In the case of an individual with	118119
respect to whom an exemption under section 5747.02 of the Revised	118120
Code is allowable to another taxpayer for a taxable year beginning	118121
in the calendar year in which the individual's taxable year	118122
begins, the exemption amount applicable to such individual for	118123
such individual's taxable year shall be zero.	118124

(B) The personal exemption for each dependent shall be eight	118125
hundred fifty dollars for the taxable year beginning in 1996, and	118126
one thousand fifty dollars for the taxable year beginning in 1997	118127
and taxable years beginning after 1997. The personal exemption	118128
amount prescribed in this division for taxable years beginning	118129
after 1999 shall be adjusted each year in the manner prescribed in	118130
division (C) of this section.	118131

(C) In ~~September~~August of each year~~, beginning in 2000~~, the	118132
tax commissioner shall determine the percentage increase in the	118133
gross domestic product deflator determined by the bureau of	118134
economic analysis of the United States department of commerce from	118135
the first day of January of the preceding calendar year to the	118136
last day of December of the preceding year, and adjust the	118137
personal exemption amount for taxable years beginning in the	118138
current calendar year by multiplying that amount by the percentage	118139
increase in the gross domestic product deflator for that period;	118140
adding the resulting product to the personal exemption amount for	118141
taxable years beginning in the preceding calendar year; and	118142
rounding the resulting sum upward to the nearest multiple of fifty	118143
dollars. The commissioner shall not make such an adjustment in any	118144
calendar year in which the amount resulting from the adjustment	118145
would be less than the amount resulting from the adjustment in the	118146
preceding calendar year.	118147

Sec. 5747.08. An annual return with respect to the tax	118148
imposed by section 5747.02 of the Revised Code and each tax	118149
imposed under Chapter 5748. of the Revised Code shall be made by	118150
every taxpayer for any taxable year for which the taxpayer is	118151
liable for the tax imposed by that section or under that chapter,	118152
unless the total credits allowed under divisions (E), (F), and (G)	118153
of section 5747.05 of the Revised Code for the year are equal to	118154
or exceed the tax imposed by section 5747.02 of the Revised Code,	118155
in which case no return shall be required unless the taxpayer is	118156
liable for a tax imposed pursuant to Chapter 5748. of the Revised	118157
Code.	118158

(A) If an individual is deceased, any return or notice	118159
required of that individual under this chapter shall be made and	118160
filed by that decedent's executor, administrator, or other person	118161
charged with the property of that decedent.	118162

(B) If an individual is unable to make a return or notice	118163
required by this chapter, the return or notice required of that	118164
individual shall be made and filed by the individual's duly	118165
authorized agent, guardian, conservator, fiduciary, or other	118166
person charged with the care of the person or property of that	118167
individual.	118168

(C) Returns or notices required of an estate or a trust shall	118169
be made and filed by the fiduciary of the estate or trust.	118170

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	118171
of this section, any pass-through entity may file a single return	118172
on behalf of one or more of the entity's investors other than an	118173
investor that is a person subject to the tax imposed under section	118174
5733.06 of the Revised Code. The single return shall set forth the	118175
name, address, and social security number or other identifying	118176
number of each of those pass-through entity investors and shall	118177
indicate the distributive share of each of those pass-through	118178
entity investor's income taxable in this state in accordance with	118179
sections 5747.20 to 5747.231 of the Revised Code. Such	118180
pass-through entity investors for whom the pass-through entity	118181
elects to file a single return are not entitled to the exemption	118182
or credit provided for by sections 5747.02 and 5747.022 of the	118183
Revised Code; shall calculate the tax before business credits at	118184
the highest rate of tax set forth in section 5747.02 of the	118185
Revised Code for the taxable year for which the return is filed;	118186
and are entitled to only their distributive share of the business	118187
credits as defined in division (D)(2) of this section. A single	118188
check drawn by the pass-through entity shall accompany the return	118189
in full payment of the tax due, as shown on the single return, for	118190
such investors, other than investors who are persons subject to	118191
the tax imposed under section 5733.06 of the Revised Code.	118192

(b)(i) A pass-through entity shall not include in such a	118193
single return any investor that is a trust to the extent that any	118194
direct or indirect current, future, or contingent beneficiary of	118195
the trust is a person subject to the tax imposed under section	118196
5733.06 of the Revised Code.	118197

(ii) A pass-through entity shall not include in such a single	118198
return any investor that is itself a pass-through entity to the	118199
extent that any direct or indirect investor in the second	118200
pass-through entity is a person subject to the tax imposed under	118201
section 5733.06 of the Revised Code.	118202

(c) Nothing in division (D) of this section precludes the tax	118203
commissioner from requiring such investors to file the return and	118204
make the payment of taxes and related interest, penalty, and	118205
interest penalty required by this section or section 5747.02,	118206
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	118207
of this section precludes such an investor from filing the annual	118208
return under this section, utilizing the refundable credit equal	118209
to the investor's proportionate share of the tax paid by the	118210
pass-through entity on behalf of the investor under division (J)	118211
of this section, and making the payment of taxes imposed under	118212
section 5747.02 of the Revised Code. Nothing in division (D) of	118213
this section shall be construed to provide to such an investor or	118214
pass-through entity any additional deduction or credit, other than	118215
the credit provided by division (J) of this section, solely on	118216
account of the entity's filing a return in accordance with this	118217
section. Such a pass-through entity also shall make the filing and	118218
payment of estimated taxes on behalf of the pass-through entity	118219
investors other than an investor that is a person subject to the	118220
tax imposed under section 5733.06 of the Revised Code.	118221

(2) For the purposes of this section, "business credits"	118222
means the credits listed in section 5747.98 of the Revised Code	118223
excluding the following credits:	118224

(a) The retirement credit under division (B) of section	118225
5747.055 of the Revised Code;	118226

(b) The senior citizen credit under division (C) of section	118227
5747.05 of the Revised Code;	118228

(c) The lump sum distribution credit under division (D) of	118229
section 5747.05 of the Revised Code;	118230

(d) The dependent care credit under section 5747.054 of the	118231
Revised Code;	118232

(e) The lump sum retirement income credit under division (C)	118233
of section 5747.055 of the Revised Code;	118234

(f) The lump sum retirement income credit under division (D)	118235
of section 5747.055 of the Revised Code;	118236

(g) The lump sum retirement income credit under division (E)	118237
of section 5747.055 of the Revised Code;	118238

(h) The credit for displaced workers who pay for job training	118239
under section 5747.27 of the Revised Code;	118240

(i) The twenty-dollar personal exemption credit under section	118241
5747.022 of the Revised Code;	118242

(j) The joint filing credit under division (G) of section	118243
5747.05 of the Revised Code;	118244

(k) The nonresident credit under division (A) of section	118245
5747.05 of the Revised Code;	118246

(l) The credit for a resident's out-of-state income under	118247
division (B) of section 5747.05 of the Revised Code;	118248

(m) The low-income credit under section 5747.056 of the	118249
Revised Code.	118250

(3) The election provided for under division (D) of this	118251
section applies only to the taxable year for which the election is	118252
made by the pass-through entity. Unless the tax commissioner	118253
provides otherwise, this election, once made, is binding and	118254
irrevocable for the taxable year for which the election is made.	118255
Nothing in this division shall be construed to provide for any	118256
deduction or credit that would not be allowable if a nonresident	118257
pass-through entity investor were to file an annual return.	118258

(4) If a pass-through entity makes the election provided for	118259
under division (D) of this section, the pass-through entity shall	118260
be liable for any additional taxes, interest, interest penalty, or	118261
penalties imposed by this chapter if the tax commissioner finds	118262
that the single return does not reflect the correct tax due by the	118263
pass-through entity investors covered by that return. Nothing in	118264
this division shall be construed to limit or alter the liability,	118265
if any, imposed on pass-through entity investors for unpaid or	118266
underpaid taxes, interest, interest penalty, or penalties as a	118267
result of the pass-through entity's making the election provided	118268
for under division (D) of this section. For the purposes of	118269
division (D) of this section, "correct tax due" means the tax that	118270
would have been paid by the pass-through entity had the single	118271
return been filed in a manner reflecting the commissioner's	118272
findings. Nothing in division (D) of this section shall be	118273
construed to make or hold a pass-through entity liable for tax	118274
attributable to a pass-through entity investor's income from a	118275
source other than the pass-through entity electing to file the	118276
single return.	118277

(E) If a husband and wife file a joint federal income tax	118278
return for a taxable year, they shall file a joint return under	118279
this section for that taxable year, and their liabilities are	118280
joint and several, but, if the federal income tax liability of	118281
either spouse is determined on a separate federal income tax	118282
return, they shall file separate returns under this section.	118283

If either spouse is not required to file a federal income tax	118284
return and either or both are required to file a return pursuant	118285
to this chapter, they may elect to file separate or joint returns,	118286
and, pursuant to that election, their liabilities are separate or	118287
joint and several. If a husband and wife file separate returns	118288
pursuant to this chapter, each must claim the taxpayer's own	118289
exemption, but not both, as authorized under section 5747.02 of	118290
the Revised Code on the taxpayer's own return.	118291

(F) Each return or notice required to be filed under this	118292
section shall contain the signature of the taxpayer or the	118293
taxpayer's duly authorized agent and of the person who prepared	118294
the return for the taxpayer, and shall include the taxpayer's	118295
social security number. Each return shall be verified by a	118296
declaration under the penalties of perjury. The tax commissioner	118297
shall prescribe the form that the signature and declaration shall	118298
take.	118299

(G) Each return or notice required to be filed under this	118300
section shall be made and filed as required by section 5747.04 of	118301
the Revised Code, on or before the fifteenth day of April of each	118302
year, on forms that the tax commissioner shall prescribe, together	118303
with remittance made payable to the treasurer of state in the	118304
combined amount of the state and all school district income taxes	118305
shown to be due on the form~~, unless the combined amount shown to~~	118306
~~be due is one dollar or less, in which case that amount need not~~	118307
~~be remitted~~.	118308

Upon good cause shown, the commissioner may extend the period	118309
for filing any notice or return required to be filed under this	118310
section and may adopt rules relating to extensions. If the	118311
extension results in an extension of time for the payment of any	118312
state or school district income tax liability with respect to	118313
which the return is filed, the taxpayer shall pay at the time the	118314
tax liability is paid an amount of interest computed at the rate	118315
per annum prescribed by section 5703.47 of the Revised Code on	118316
that liability from the time that payment is due without extension	118317
to the time of actual payment. Except as provided in section	118318
5747.132 of the Revised Code, in addition to all other interest	118319
charges and penalties, all taxes imposed under this chapter or	118320
Chapter 5748. of the Revised Code and remaining unpaid after they	118321
become due, except combined amounts due of one dollar or less,	118322
bear interest at the rate per annum prescribed by section 5703.47	118323
of the Revised Code until paid or until the day an assessment is	118324
issued under section 5747.13 of the Revised Code, whichever occurs	118325
first.	118326

If the commissioner considers it necessary in order to ensure	118327
the payment of the tax imposed by section 5747.02 of the Revised	118328
Code or any tax imposed under Chapter 5748. of the Revised Code,	118329
the commissioner may require returns and payments to be made	118330
otherwise than as provided in this section.	118331

To the extent that any provision in this division conflicts	118332
with any provision in section 5747.026 of the Revised Code, the	118333
provision in that section prevails.	118334

(H) If any report, claim, statement, or other document	118335
required to be filed, or any payment required to be made, within a	118336
prescribed period or on or before a prescribed date under this	118337
chapter is delivered after that period or that date by United	118338
States mail to the agency, officer, or office with which the	118339
report, claim, statement, or other document is required to be	118340
filed, or to which the payment is required to be made, the date of	118341
the postmark stamped on the cover in which the report, claim,	118342
statement, or other document, or payment is mailed shall be deemed	118343
to be the date of delivery or the date of payment.	118344

If a payment is required to be made by electronic funds	118345
transfer pursuant to section 5747.072 of the Revised Code, the	118346
payment is considered to be made when the payment is received by	118347
the treasurer of state or credited to an account designated by the	118348
treasurer of state for the receipt of tax payments.	118349

"The date of the postmark" means, in the event there is more	118350
than one date on the cover, the earliest date imprinted on the	118351
cover by the United States postal service.	118352

(I) The amounts withheld by an employer pursuant to section	118353
5747.06 of the Revised Code, a casino operator pursuant to section	118354
5747.063 of the Revised Code, or a lottery sales agent pursuant to	118355
section 5747.064 of the Revised Code shall be allowed to the	118356
recipient of the compensation casino winnings, or lottery prize	118357
award as credits against payment of the appropriate taxes imposed	118358
on the recipient by section 5747.02 and under Chapter 5748. of the	118359
Revised Code.	118360

(J) If~~, in accordance with division (D) of this section,~~ a	118361
pass-through entity elects to file a single return under division	118362
(D) of this section and if any investor is required to file the	118363
annual return and make the payment of taxes required by this	118364
chapter on account of the investor's other income that is not	118365
included in a single return filed by a pass-through entity or any	118366
other investor elects to file the annual return, the investor is	118367
entitled to a refundable credit equal to the investor's	118368
proportionate share of the tax paid by the pass-through entity on	118369
behalf of the investor. The investor shall claim the credit for	118370
the investor's taxable year in which or with which ends the	118371
taxable year of the pass-through entity. Nothing in this chapter	118372
shall be construed to allow any credit provided in this chapter to	118373
be claimed more than once. For the ~~purposes~~purpose of computing	118374
any interest, penalty, or interest penalty, the investor shall be	118375
deemed to have paid the refundable credit provided by this	118376
division on the day that the pass-through entity paid the	118377
estimated tax or the tax giving rise to the credit.	118378

(K) The tax commissioner shall ensure that each return	118379
required to be filed under this section includes a box that the	118380
taxpayer may check to authorize a paid tax preparer who prepared	118381
the return to communicate with the department of taxation about	118382
matters pertaining to the return. The return or instructions	118383
accompanying the return shall indicate that by checking the box	118384
the taxpayer authorizes the department of taxation to contact the	118385
preparer concerning questions that arise during the processing of	118386
the return and authorizes the preparer only to provide the	118387
department with information that is missing from the return, to	118388
contact the department for information about the processing of the	118389
return or the status of the taxpayer's refund or payments, and to	118390
respond to notices about mathematical errors, offsets, or return	118391
preparation that the taxpayer has received from the department and	118392
has shown to the preparer.	118393

(L) The tax commissioner shall permit individual taxpayers to	118394
instruct the department of taxation to cause any refund of	118395
overpaid taxes to be deposited directly into a checking account,	118396
savings account, or an individual retirement account or individual	118397
retirement annuity, or preexisting college savings plan or program	118398
account offered by the Ohio tuition trust authority under Chapter	118399
3334. of the Revised Code, as designated by the taxpayer, when the	118400
taxpayer files the annual return required by this section	118401
electronically.	118402

(M) The tax commissioner may adopt rules to administer this	118403
section.	118404

Sec. 5747.10. If any of the facts, figures, computations, or	118405
attachments required in a taxpayer's annual return to determine	118406
the tax charged by this chapter or Chapter 5748. of the Revised	118407
Code must be altered as the result of an adjustment to the	118408
taxpayer's federal income tax return, whether initiated by the	118409
taxpayer or the internal revenue service, and such alteration	118410
affects the taxpayer's tax liability under this chapter or Chapter	118411
5748. of the Revised Code, the taxpayer shall file an amended	118412
return with the tax commissioner in such form as the commissioner	118413
requires. The amended return shall be filed not later than sixty	118414
days after the adjustment has been agreed to or finally determined	118415
for federal income tax purposes or any federal income tax	118416
deficiency or refund, or the abatement or credit resulting	118417
therefrom, has been assessed or paid, whichever occurs first.	118418

(A) In the case of an underpayment, the amended return shall	118419
be accompanied by payment of any combined additional tax due	118420
together with interest thereon. ~~If the combined tax shown to be~~	118421
~~due is one dollar or less, such amount need not accompany the~~	118422
~~amended return.~~ An amended return required by this section is a	118423
return subject to assessment under section 5747.13 of the Revised	118424
Code for the purpose of assessing any additional tax due under	118425
this section, together with any applicable penalty and interest.	118426
It shall not reopen those facts, figures, computations, or	118427
attachments from a previously filed return no longer subject to	118428
assessment that are not affected, either directly or indirectly,	118429
by the adjustment to the taxpayer's federal income tax return.	118430

(B) In the case of an overpayment, an application for refund	118431
may be filed under this division within the sixty-day period	118432
prescribed for filing the amended return even if it is filed	118433
beyond the period prescribed in section 5747.11 of the Revised	118434
Code if it otherwise conforms to the requirements of such section.	118435
An application filed under this division shall claim refund of	118436
overpayments resulting from alterations to only those facts,	118437
figures, computations, or attachments required in the taxpayer's	118438
annual return that are affected, either directly or indirectly, by	118439
the adjustment to the taxpayer's federal income tax return unless	118440
it is also filed within the time prescribed in section 5747.11 of	118441
the Revised Code. It shall not reopen those facts, figures,	118442
computations, or attachments that are not affected, either	118443
directly or indirectly, by the adjustment to the taxpayer's	118444
federal income tax return.	118445

Sec. 5747.11. (A) The tax commissioner shall refund to	118446
employers, qualifying entities, or taxpayers~~, with respect to any~~	118447
subject to a tax imposed under section 5733.41, 5747.02, or	118448
5747.41, or Chapter 5748. of the Revised Code:	118449

~~(1) Overpayments of more than one dollar;~~

118450

~~(2) Amounts in excess of one dollar paid illegally or~~	118451
~~erroneously;~~	118452

~~(3) Amounts in excess of one dollar paid on an illegal,~~	118453
~~erroneous, or excessive assessment~~the amount of any overpayment	118454
of such tax.	118455

(B) Except as otherwise provided under divisions (D) and (E)	118456
of this section, applications for refund shall be filed with the	118457
tax commissioner, on the form prescribed by the commissioner,	118458
within four years from the date of the illegal, erroneous, or	118459
excessive payment of the tax, or within any additional period	118460
allowed by division (B)(3)(b) of section 5747.05, division (B) of	118461
section 5747.10, division (A) of section 5747.13, or division (C)	118462
of section 5747.45 of the Revised Code.	118463

On filing of the refund application, the commissioner shall	118464
determine the amount of refund due and, if that amount exceeds one	118465
dollar, certify such amount to the director of budget and	118466
management and treasurer of state for payment from the tax refund	118467
fund created by section 5703.052 of the Revised Code. Payment	118468
shall be made as provided in division (C) of section 126.35 of the	118469
Revised Code.	118470

(C)(1) ~~Interest shall be allowed and paid upon any illegal or~~	118471
~~erroneous assessment in excess of one dollar in respect of the tax~~	118472
~~imposed under section 5747.02 or Chapter 5748. of the Revised Code~~	118473
~~at the rate per annum prescribed by section 5703.47 of the Revised~~	118474
~~Code from the date of the payment of the illegal or erroneous~~	118475
~~assessment until the date the refund of such amount is paid. If~~	118476
~~such refund results from the filing of a return or report, or the~~	118477
~~payment accompanying such return or report, by an employer or~~	118478
~~taxpayer, rather than from an assessment by the commissioner, such~~	118479
~~interest shall run from a period ninety days after the final~~	118480
~~filing date of the annual return until the date the refund is~~	118481
~~paid.~~	118482

~~(2)~~ Interest shall be allowed and paid at the rate per annum	118483
prescribed by section 5703.47 of the Revised Code ~~upon any~~	118484
~~overpayment in excess of one dollar in respect of~~on amounts	118485
refunded with respect to the tax imposed under section 5747.02 or	118486
Chapter 5748. of the Revised Code from the date of the overpayment	118487
until the date of the refund of the overpayment, except that if	118488
any overpayment is refunded within ninety days after the final	118489
filing date of the annual return or ninety days after the return	118490
is filed, whichever is later, no interest shall be allowed on such	118491
overpayment. If the overpayment results from the carryback of a	118492
net operating loss or net capital loss to a previous taxable year,	118493
the overpayment is deemed not to have been made prior to the	118494
filing date, including any extension thereof, for the taxable year	118495
in which the net operating loss or net capital loss arises. For	118496
purposes of the payment of interest on overpayments, no amount of	118497
tax, for any taxable year, shall be treated as having been paid	118498
before the date on which the tax return for that year was due	118499
without regard to any extension of time for filing such return.	118500

~~(3)~~(2) Interest shall be allowed at the rate per annum	118501
prescribed by section 5703.47 of the Revised Code on amounts	118502
refunded with respect to the taxes imposed under sections 5733.41	118503
and 5747.41 of the Revised Code. The interest shall run from	118504
whichever of the following days is the latest until the day the	118505
refund is paid: the day the illegal, erroneous, or excessive	118506
payment was made; the ninetieth day after the final day the annual	118507
report was required to be filed under section 5747.42 of the	118508
Revised Code; or the ninetieth day after the day that report was	118509
filed.	118510

(D) "Ninety days" shall be substituted for "four years" in	118511
division (B) of this section if the taxpayer satisfies both of the	118512
following conditions:	118513

(1) The taxpayer has applied for a refund based in whole or	118514
in part upon section 5747.059 of the Revised Code;	118515

(2) The taxpayer asserts that either the imposition or	118516
collection of the tax imposed or charged by this chapter or any	118517
portion of such tax violates the Constitution of the United States	118518
or the Constitution of Ohio.	118519

(E)(1) Division (E)(2) of this section applies only if all of	118520
the following conditions are satisfied:	118521

(a) A qualifying entity pays an amount of the tax imposed by	118522
section 5733.41 or 5747.41 of the Revised Code;	118523

(b) The taxpayer is a qualifying investor as to that	118524
qualifying entity;	118525

(c) The taxpayer did not claim the credit provided for in	118526
section 5747.059 of the Revised Code as to the tax described in	118527
division (E)(1)(a) of this section;	118528

(d) The four-year period described in division (B) of this	118529
section has ended as to the taxable year for which the taxpayer	118530
otherwise would have claimed that credit.	118531

(2) A taxpayer shall file an application for refund pursuant	118532
to division (E) of this section within one year after the date the	118533
payment described in division (E)(1)(a) of this section is made.	118534
An application filed under division (E)(2) of this section shall	118535
claim refund only of overpayments resulting from the taxpayer's	118536
failure to claim the credit described in division (E)(1)(c) of	118537
this section. Nothing in division (E) of this section shall be	118538
construed to relieve a taxpayer from complying with division	118539
(A)(16) of section 5747.01 of the Revised Code.	118540

Sec. 5747.113. (A) Any taxpayer claiming a refund under	118541
section 5747.11 of the Revised Code who wishes to contribute any	118542
part of the taxpayer's refund to the natural areas and preserves	118543
fund created in section 1517.11 of the Revised Code, the nongame	118544
and endangered wildlife fund created in section 1531.26 of the	118545
Revised Code, the military injury relief fund created in section	118546
5101.98 of the Revised Code, the Ohio historical society income	118547
tax contribution fund created in section 149.308 of the Revised	118548
Code, or all of those funds may designate on the taxpayer's income	118549
tax return the amount that the taxpayer wishes to contribute to	118550
the fund or funds. A designated contribution is irrevocable upon	118551
the filing of the return and shall be made in the full amount	118552
designated if the refund found due the taxpayer upon the initial	118553
processing of the taxpayer's return, after any deductions	118554
including those required by section 5747.12 of the Revised Code,	118555
is greater than or equal to the designated contribution. If the	118556
refund due as initially determined is less than the designated	118557
contribution, the contribution shall be made in the full amount of	118558
the refund. The tax commissioner shall subtract the amount of the	118559
contribution from the amount of the refund initially found due the	118560
taxpayer and shall certify the difference to the director of	118561
budget and management and treasurer of state for payment to the	118562
taxpayer in accordance with section 5747.11 of the Revised Code.	118563
For the purpose of any subsequent determination of the taxpayer's	118564
net tax payment, the contribution shall be considered a part of	118565
the refund paid to the taxpayer.	118566

(B) The tax commissioner shall provide a space on the income	118567
tax return form in which a taxpayer may indicate that the taxpayer	118568
wishes to make a donation in accordance with this section. The tax	118569
commissioner shall also print in the instructions accompanying the	118570
income tax return form a description of the purposes for which the	118571
natural areas and preserves fund, the nongame and endangered	118572
wildlife fund, the military injury relief fund, and the Ohio	118573
historical society income tax contribution fund were created and	118574
the use of moneys from the income tax refund contribution system	118575
established in this section. No person shall designate on the	118576
person's income tax return any part of a refund claimed under	118577
section 5747.11 of the Revised Code as a contribution to any fund	118578
other than the natural areas and preserves fund, the nongame and	118579
endangered wildlife fund, the military injury relief fund, or the	118580
Ohio historical society income tax contribution fund.	118581

(C) The money collected under the income tax refund	118582
contribution system established in this section shall be deposited	118583
by the tax commissioner into the natural areas and preserves fund,	118584
the nongame and endangered wildlife fund, the military injury	118585
relief fund, and the Ohio historical society income tax	118586
contribution fund in the amounts designated on the tax returns.	118587

(D) No later than the thirtieth day of September each year,	118588
the tax commissioner shall determine the total amount contributed	118589
to each fund under this section during the preceding eight months,	118590
any adjustments to prior months, and the cost to the department of	118591
taxation of administering the income tax refund contribution	118592
system during that eight-month period. The commissioner shall make	118593
an additional determination no later than the thirty-first day of	118594
January of each year of the total amount contributed to each fund	118595
under this section during the preceding four calendar months, any	118596
adjustments to prior years made during that four-month period, and	118597
the cost to the department of taxation of administering the income	118598
tax contribution system during that period. The cost of	118599
administering the income tax contribution system shall be	118600
certified by the tax commissioner to the director of budget and	118601
management, who shall transfer an amount equal to one-fourth of	118602
such administrative costs from the natural areas and preserves	118603
fund, one-fourth of such costs from the nongame and endangered	118604
wildlife fund, one-fourth of such costs from the military injury	118605
relief fund, and one-fourth of such costs from the Ohio historical	118606
society income tax contribution fund to the ~~litter control and~~	118607
~~natural resource~~income tax ~~administration~~contribution fund,	118608
which is hereby created, provided that the moneys that the	118609
department receives to pay the cost of administering the income	118610
tax refund contribution system in any year shall not exceed two	118611
and one-half per cent of the total amount contributed under that	118612
system during that year.	118613

(E)(1) The director of natural resources, in January of every	118614
odd-numbered year, shall report to the general assembly on the	118615
effectiveness of the income tax refund contribution system as it	118616
pertains to the natural areas and preserves fund and the nongame	118617
and endangered wildlife fund. The report shall include the amount	118618
of money contributed to each fund in each of the previous five	118619
years, the amount of money contributed directly to each fund in	118620
addition to or independently of the income tax refund contribution	118621
system in each of the previous five years, and the purposes for	118622
which the money was expended.	118623

(2) The director of job and family services and the director	118624
of the Ohio historical society, in January of every odd-numbered	118625
year, each shall report to the general assembly on the	118626
effectiveness of the income tax refund contribution system as it	118627
pertains to the military injury relief fund and the Ohio	118628
historical society income tax contribution fund, respectively. The	118629
report shall include the amount of money contributed to the fund	118630
in each of the previous five years, the amount of money	118631
contributed directly to the fund in addition to or independently	118632
of the income tax refund contribution system in each of the	118633
previous five years, and the purposes for which the money was	118634
expended.	118635

Sec. 5747.122. (A) The tax commissioner, in accordance with	118636
section 5101.184 of the Revised Code, shall cooperate with the	118637
director of job and family services to collect overpayments of	118638
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	118639
5113., or section 5101.54 of the Revised Code from refunds of	118640
state income taxes for taxable year 1992 and thereafter that are	118641
payable to the recipients of such overpayments.	118642

(B) At the request of the department of job and family	118643
services in connection with the collection of an overpayment of	118644
assistance from a refund of state income taxes pursuant to this	118645
section and section 5101.184 of the Revised Code, the tax	118646
commissioner shall release to the department the home address and	118647
social security number of any recipient of assistance whose	118648
overpayment may be collected from a refund of state income taxes	118649
under those sections.	118650

(C) In the case of a joint income tax return for two people	118651
who were not married to each other at the time one of them	118652
received an overpayment of assistance, only the portion of a	118653
refund that is due to the recipient of the overpayment shall be	118654
available for collection of the overpayment under this section and	118655
section 5101.184 of the Revised Code. The tax commissioner shall	118656
determine such portion. A recipient's spouse who objects to the	118657
portion as determined by the commissioner may file a complaint	118658
with the commissioner within twenty-one days after receiving	118659
notice of the collection, and the commissioner shall afford the	118660
spouse an opportunity to be heard on the complaint. The	118661
commissioner shall waive or extend the twenty-one-day period if	118662
the recipient's spouse establishes that such action is necessary	118663
to avoid unjust, unfair, or unreasonable results. After the	118664
hearing, the commissioner shall make a final determination of the	118665
portion of the refund available for collection of the overpayment.	118666

(D) The welfare overpayment intercept fund is hereby created	118667
in the state treasury. The tax commissioner shall deposit amounts	118668
collected from income tax refunds under this section to the credit	118669
of the welfare overpayment intercept fund. The director of job and	118670
family services shall distribute money in the fund in accordance	118671
with appropriate federal or state laws and procedures regarding	118672
collection of welfare overpayments.	118673

Sec. 5747.13. (A) If any employer collects the tax imposed	118674
by section 5747.02 or under Chapter 5748. of the Revised Code and	118675
fails to remit the tax as required by law, or fails to collect the	118676
tax, the employer is personally liable for any amount collected	118677
that the employer fails to remit, or any amount that the employer	118678
fails to collect. If any taxpayer fails to file a return or fails	118679
to pay the tax imposed by section 5747.02 or under Chapter 5748.	118680
of the Revised Code, the taxpayer is personally liable for the	118681
amount of the tax.	118682

If any employer, taxpayer, or qualifying entity required to	118683
file a return under this chapter fails to file the return within	118684
the time prescribed, files an incorrect return, fails to remit the	118685
full amount of the taxes due for the period covered by the return,	118686
or fails to remit any additional tax due as a result of a	118687
reduction in the amount of the credit allowed under division (B)	118688
of section 5747.05 of the Revised Code together with interest on	118689
the additional tax within the time prescribed by that division,	118690
the tax commissioner may make an assessment against any person	118691
liable for any deficiency for the period for which the return is	118692
or taxes are due, based upon any information in the commissioner's	118693
possession.	118694

An assessment issued against either the employer or the	118695
taxpayer pursuant to this section shall not be considered an	118696
election of remedies or a bar to an assessment against the other	118697
for failure to report or pay the same tax. No assessment shall be	118698
issued against any person if the tax actually has been paid by	118699
another.	118700

No assessment shall be made or issued against an employer,	118701
taxpayer, or qualifying entity more than four years after the	118702
final date the return subject to assessment was required to be	118703
filed or the date the return was filed, whichever is later.	118704
However, the commissioner may assess any balance due as the result	118705
of a reduction in the credit allowed under division (B) of section	118706
5747.05 of the Revised Code, including applicable penalty and	118707
interest, within four years of the date on which the taxpayer	118708
reports a change in either the portion of the taxpayer's adjusted	118709
gross income subjected to an income tax or tax measured by income	118710
in another state or the District of Columbia, or the amount of	118711
liability for an income tax or tax measured by income to another	118712
state or the District of Columbia, as required by division (B)(3)	118713
of section 5747.05 of the Revised Code. Such time limits may be	118714
extended if both the employer, taxpayer, or qualifying entity and	118715
the commissioner consent in writing to the extension or if an	118716
agreement waiving or extending the time limits has been entered	118717
into pursuant to section 122.171 of the Revised Code. Any such	118718
extension shall extend the four-year time limit in division (B) of	118719
section 5747.11 of the Revised Code for the same period of time.	118720
There shall be no bar or limit to an assessment against an	118721
employer for taxes withheld from employees and not remitted to the	118722
state, against an employer, taxpayer, or qualifying entity that	118723
fails to file a return subject to assessment as required by this	118724
chapter, or against an employer, taxpayer, or qualifying entity	118725
that files a fraudulent return.	118726

The commissioner shall give the party assessed written notice	118727
of the assessment in the manner provided in section 5703.37 of the	118728
Revised Code. With the notice, the commissioner shall provide	118729
instructions on how to petition for reassessment and request a	118730
hearing on the petition.	118731

(B) Unless the party assessed files with the tax commissioner	118732
within sixty days after service of the notice of assessment,	118733
either personally or by certified mail, a written petition for	118734
reassessment, signed by the party assessed or that party's	118735
authorized agent having knowledge of the facts, the assessment	118736
becomes final, and the amount of the assessment is due and payable	118737
from the party assessed to the commissioner with remittance made	118738
payable to the treasurer of state. The petition shall indicate the	118739
objections of the party assessed, but additional objections may be	118740
raised in writing if received by the commissioner prior to the	118741
date shown on the final determination. If the petition has been	118742
properly filed, the commissioner shall proceed under section	118743
5703.60 of the Revised Code.	118744

(C) After an assessment becomes final, if any portion of the	118745
assessment remains unpaid, including accrued interest, a certified	118746
copy of the tax commissioner's entry making the assessment final	118747
may be filed in the office of the clerk of the court of common	118748
pleas in the county in which the employer's, taxpayer's, or	118749
qualifying entity's place of business is located or the county in	118750
which the party assessed resides. If the party assessed is not a	118751
resident of this state, the certified copy of the entry may be	118752
filed in the office of the clerk of the court of common pleas of	118753
Franklin county.	118754

Immediately upon the filing of the entry, the clerk shall	118755
enter a judgment against the party assessed in the amount shown on	118756
the entry. The judgment shall be filed by the clerk in one of two	118757
loose-leaf books, one entitled "special judgments for state and	118758
school district income taxes," and the other entitled "special	118759
judgments for qualifying entity taxes." The judgment shall have	118760
the same effect as other judgments. Execution shall issue upon the	118761
judgment upon the request of the tax commissioner, and all laws	118762
applicable to sales on execution shall apply to sales made under	118763
the judgment.	118764

~~The portion of~~If the assessment is not paid in its entirety	118765
within sixty days after the assessment was issued, the portion of	118766
the assessment consisting of tax due shall bear interest at the	118767
rate per annum prescribed by section 5703.47 of the Revised Code	118768
from the day the tax commissioner issues the assessment until it	118769
is paid or until it is certified to the attorney general for	118770
collection under section 131.02 of the Revised Code, whichever	118771
comes first. If the unpaid portion of the assessment is certified	118772
to the attorney general for collection, the entire unpaid portion	118773
of the assessment shall bear interest at the rate per annum	118774
prescribed by section 5703.47 of the Revised Code from the date of	118775
certification until the date it is paid in its entirety. Interest	118776
shall be paid in the same manner as the tax and may be collected	118777
by the issuance of an assessment under this section.	118778

(D) All money collected under this section shall be	118779
considered as revenue arising from the taxes imposed by this	118780
chapter or Chapter 5733. or 5748. of the Revised Code, as	118781
appropriate.	118782

(E) If the party assessed files a petition for reassessment	118783
under division (B) of this section, the person, on or before the	118784
last day the petition may be filed, shall pay the assessed amount,	118785
including assessed interest and assessed penalties, if any of the	118786
following conditions exists:	118787

(1) The person files a tax return reporting Ohio adjusted	118788
gross income, less the exemptions allowed by section 5747.025 of	118789
the Revised Code, in an amount less than one cent, and the	118790
reported amount is not based on the computations required under	118791
division (A) of section 5747.01 or section 5747.025 of the Revised	118792
Code.	118793

(2) The person files a tax return that the tax commissioner	118794
determines to be incomplete, false, fraudulent, or frivolous.	118795

(3) The person fails to file a tax return, and the basis for	118796
this failure is not either of the following:	118797

(a) An assertion that the person has no nexus with this	118798
state;	118799

(b) The computations required under division (A) of section	118800
5747.01 of the Revised Code or the application of credits allowed	118801
under this chapter has the result that the person's tax liability	118802
is less than one dollar and one cent.	118803

(F) Notwithstanding the fact that a petition for reassessment	118804
is pending, the petitioner may pay all or a portion of the	118805
assessment that is the subject of the petition. The acceptance of	118806
a payment by the treasurer of state does not prejudice any claim	118807
for refund upon final determination of the petition.	118808

If upon final determination of the petition an error in the	118809
assessment is corrected by the tax commissioner, upon petition so	118810
filed or pursuant to a decision of the board of tax appeals or any	118811
court to which the determination or decision has been appealed, so	118812
that the amount due from the party assessed under the corrected	118813
assessment is less than the portion paid, there shall be issued to	118814
the petitioner or to the petitioner's assigns or legal	118815
representative a refund in the amount of the overpayment as	118816
provided by section 5747.11 of the Revised Code, with interest on	118817
that amount as provided by such section, subject to section	118818
5747.12 of the Revised Code.	118819

Sec. 5747.21. (A) This section applies solely for the	118820
purposes of computing the credit allowed under division (A) of	118821
section 5747.05 of the Revised Code, computing income taxable in	118822
this state under division (D) of section 5747.08 of the Revised	118823
Code, and computing the credit allowed under section 5747.057 of	118824
the Revised Code.	118825

(B) Except as otherwise provided under ~~sections 5747.211 and~~	118826
section 5747.212 of the Revised Code, all items of business income	118827
and business deduction shall be apportioned to this state by	118828
multiplying the adjusted gross income by the fraction calculated	118829
under division (B)(2) of section 5733.05 and section 5733.057 of	118830
the Revised Code as if the taxpayer's business were a corporation	118831
subject to the tax imposed by section 5733.06 of the Revised Code.	118832

(C) If the allocation and apportionment provisions of	118833
sections 5747.20 to 5747.23 of the Revised Code or of any rule	118834
adopted by the tax commissioner, do not fairly represent the	118835
extent of business activity in this state of a taxpayer or	118836
pass-through entity, the taxpayer or pass-through entity may	118837
request, which request must be in writing accompanying ~~the~~a	118838
timely filed return or timely filed amended return, or the tax	118839
commissioner may require, in respect of all or any part of the	118840
business activity, if reasonable, any one or more of the	118841
following:	118842

(1) Separate accounting;

118843

(2) The exclusion of one or more factors;

118844

(3) The inclusion of one or more additional factors which	118845
will fairly represent the business activity in this state;	118846

(4) The employment of any other method to effectuate an	118847
equitable allocation and apportionment of such business in this	118848
state. An alternative method will be effective only with approval	118849
of the tax commissioner.	118850

The tax commissioner may adopt rules in the manner provided	118851
by sections 5703.14 and 5747.18 of the Revised Code providing for	118852
alternative methods of calculating business income and nonbusiness	118853
income applicable to all taxpayers and pass-through entities, to	118854
classes of taxpayers and pass-through entities, or only to	118855
taxpayers and pass-through entities within a certain industry.	118856

Sec. 5747.47. (A)(1) By the ~~twentieth~~twenty-fifth day of	118857
July of each year, the tax commissioner shall estimate and certify	118858
the following for each county to its county auditor:	118859

(a) Its guaranteed share of the ensuing year's fund balance;

118860

(b) Its share of the excess of the ensuing year's fund	118861
balance;	118862

118863

(2) In December and in June following such estimations and	118864
certifications, the commissioner shall revise such estimates and	118865
certify such revised estimates to the respective county auditors.	118866

(B) By the tenth day of each month the commissioner shall	118867
distribute the amount credited to the public library fund in the	118868
current month under section 131.51 of the Revised Code. The	118869
distributions shall be made as follows:	118870

(1) During the first six months of each year, each county	118871
shall be paid a percentage of the balance that is the same per	118872
cent that the revised estimate of the county's total entitlement	118873
certified in December under division (A)(2) of this section is of	118874
the sum of such revised estimates of the total entitlements for	118875
all counties.	118876

(2) During the last six months, each county shall be paid a	118877
percentage of the balance that is the same per cent that the	118878
revised estimate of the county's total entitlement certified in	118879
June under division (A)(2) of this section is of the sum of such	118880
revised estimates of the total entitlements for all counties.	118881

(3) During each of the first six months of each year, the	118882
payments made to each county shall be adjusted as follows:	118883

(a) If the county received an overpayment during the	118884
preceding distribution year, reduce the sum of the payments by the	118885
amount of such overpayment. The reduction shall be apportioned	118886
over the six months.	118887

(b) If the county received an underpayment during the	118888
preceding distribution year, increase the sum of the payments by	118889
the amount of such underpayment. The increase shall be apportioned	118890
over the six months.	118891

(C) By the twentieth day of December of each year, the tax	118892
commissioner shall determine and certify to the auditor of each	118893
county each of the following with respect to the current	118894
distribution year:	118895

(1) The year's fund balance;

118896

(2) Each county's guaranteed share;

118897

(3) Each county's share of the excess;

118898

(4) Each county's total entitlement;

118899

(5) Each county's net distribution;

118900

(6) The amount by which each county's net distribution	118901
exceeded or was less than its total entitlement, which amount	118902
shall constitute the county's overpayment or underpayment for	118903
purposes of division (B)(3) of this section in the ensuing	118904
distribution year.	118905

Sec. 5747.501. (A) On or before the twenty-fifth day of July	118906
of each year, the tax commissioner shall estimate and certify to	118907
each county auditor the amount to be distributed from the local	118908
government fund to each undivided local government fund during the	118909
following calendar year under section 5747.50 of the Revised Code.	118910
The estimate shall equal the sum of the separate amounts computed	118911
under divisions (B)(1) and (2) of this section.	118912

(B)(1) The product obtained by multiplying the percentage	118913
described in division (B)(1)(a) of this section by the amount	118914
described in division (B)(1)(b) of this section.	118915

(a) Each county's proportionate share of the total amount	118916
distributed to the counties from the local government fund and the	118917
local government revenue assistance fund during calendar year	118918
2007. In fiscal year 2014 and thereafter, the amount distributed	118919
to any county undivided local government fund shall be an amount	118920
not less than seven hundred fifty thousand dollars or the amount	118921
distributed to such fund in fiscal year 2013, whichever amount is	118922
smaller. To the extent necessary to implement this minimum	118923
distribution requirement, the proportionate shares computed under	118924
this division shall be adjusted accordingly.	118925

(b) The total amount distributed to counties from the local	118926
government fund and the local government revenue assistance fund	118927
during calendar year 2007 adjusted downward if, and to the extent	118928
that, total local government fund distributions to counties for	118929
the following year are projected to be less than what was	118930
distributed to counties from the local government fund and local	118931
government revenue assistance fund during calendar year 2007.	118932

(2) The product obtained by multiplying the percentage	118933
described in division (B)(2)(a) of this section by the amount	118934
described in division (B)(2)(b) of this section.	118935

(a) Each county's proportionate share of the state's	118936
population as reflected in the most recent federal decennial	118937
census or the federal government's most recent census estimates,	118938
whichever represents the most recent year.	118939

(b) The amount by which total estimated distributions from	118940
the local government fund during the immediately succeeding	118941
calendar year, less the total estimated amount to be distributed	118942
from the fund to municipal corporations under division (C) of	118943
section 5747.50 of the Revised Code during the immediately	118944
succeeding calendar year, exceed the total amount distributed to	118945
counties from the local government fund and local government	118946
revenue assistance fund during calendar year 2007.	118947

Sec. 5747.76. (A) As used in this section, "certificate	118948
owner" has the same meaning as in section 149.311 of the Revised	118949
Code.	118950

(B) There is allowed a credit against the tax imposed under	118951
section 5747.02 of the Revised Code for a taxpayer that is the	118952
certificate owner of a rehabilitation tax credit certificate	118953
issued under section 149.311 of the Revised Code. The credit shall	118954
equal twenty-five per cent of the dollar amount indicated on the	118955
certificate, but the amount of credit allowed for any taxpayer	118956
shall not exceed ~~five~~ten million dollars. The credit shall be	118957
claimed for the taxable year specified in the certificate and in	118958
the order required under section 5747.98 of the Revised Code.	118959

(C) Nothing in this section limits or disallows pass-through	118960
treatment of the credit if the certificate owner is a pass-through	118961
entity. If the certificate owner is a pass-through entity, the	118962
amount of the credit allowed for the pass-through entity shall not	118963
exceed five million dollars. If the certificate owner is a	118964
pass-through entity, the credit may be allocated among the	118965
entity's equity owners in proportion to their ownership interests	118966
or in such proportions or amounts as the equity owners mutually	118967
agree.	118968

(D) If the credit allowed for any taxable year exceeds the	118969
tax otherwise due under section 5747.02 of the Revised Code, after	118970
allowing for any other credits preceding the credit in the order	118971
prescribed by section 5747.98 of the Revised Code, the excess	118972
shall be refunded to the taxpayer but, if any amount of the credit	118973
is refunded, the sum of the amount refunded and the amount applied	118974
to reduce the tax otherwise due for that year shall not exceed	118975
three million dollars or, if the certificate owner is a	118976
pass-through entity, shall not exceed the taxpayer's distributive	118977
or proportionate share, as allocated under division (C) of this	118978
section, of three million dollars. The taxpayer may carry forward	118979
any balance of the credit in excess of the amount claimed for that	118980
year for not more than five ensuing taxable years, and shall	118981
deduct any amount claimed for any such year from the amount	118982
claimed in an ensuing year.	118983

(E) A taxpayer claiming a credit under this section shall	118984
retain the rehabilitation tax credit certificate for four years	118985
following the end of the taxable year to which the credit was	118986
applied, and shall make the certificate available for inspection	118987
by the tax commissioner upon the request of the tax commissioner	118988
during that period.	118989

Sec. 5747.98. (A) To provide a uniform procedure for	118990
calculating the amount of tax due under section 5747.02 of the	118991
Revised Code, a taxpayer shall claim any credits to which the	118992
taxpayer is entitled in the following order:	118993

(1) The retirement income credit under division (B) of	118994
section 5747.055 of the Revised Code;	118995

(2) The senior citizen credit under division (C) of section	118996
5747.05 of the Revised Code;	118997

(3) The lump sum distribution credit under division (D) of	118998
section 5747.05 of the Revised Code;	118999

(4) The dependent care credit under section 5747.054 of the	119000
Revised Code;	119001

(5) The lump sum retirement income credit under division (C)	119002
of section 5747.055 of the Revised Code;	119003

(6) The lump sum retirement income credit under division (D)	119004
of section 5747.055 of the Revised Code;	119005

(7) The lump sum retirement income credit under division (E)	119006
of section 5747.055 of the Revised Code;	119007

(8) The low-income credit under section 5747.056 of the	119008
Revised Code;	119009

(9) The credit for displaced workers who pay for job training	119010
under section 5747.27 of the Revised Code;	119011

(10) The campaign contribution credit under section 5747.29	119012
of the Revised Code;	119013

(11) The twenty-dollar personal exemption credit under	119014
section 5747.022 of the Revised Code;	119015

(12) The joint filing credit under division (G) of section	119016
5747.05 of the Revised Code;	119017

(13) The nonresident credit under division (A) of section	119018
5747.05 of the Revised Code;	119019

(14) The credit for a resident's out-of-state income under	119020
division (B) of section 5747.05 of the Revised Code;	119021

(15) The credit for employers that enter into agreements with	119022
child day-care centers under section 5747.34 of the Revised Code;	119023

(16) The credit for employers that reimburse employee child	119024
care expenses under section 5747.36 of the Revised Code;	119025

(17) The credit for adoption of a minor child under section	119026
5747.37 of the Revised Code;	119027

(18) The credit for purchases of lights and reflectors under	119028
section 5747.38 of the Revised Code;	119029

(19) The nonrefundable job retention credit under division	119030
(B) of section 5747.058 of the Revised Code;	119031

(20) The credit for selling alternative fuel under section	119032
5747.77 of the Revised Code;	119033

(21) The second credit for purchases of new manufacturing	119034
machinery and equipment and the credit for using Ohio coal under	119035
section 5747.31 of the Revised Code;	119036

(22) The job training credit under section 5747.39 of the	119037
Revised Code;	119038

(23) The enterprise zone credit under section 5709.66 of the	119039
Revised Code;	119040

(24) The credit for the eligible costs associated with a	119041
voluntary action under section 5747.32 of the Revised Code;	119042

(25) The credit for employers that establish on-site child	119043
day-care centers under section 5747.35 of the Revised Code;	119044

(26) The ethanol plant investment credit under section	119045
5747.75 of the Revised Code;	119046

(27) The credit for purchases of qualifying grape production	119047
property under section 5747.28 of the Revised Code;	119048

(28) The small business investment credit under section	119049
5747.81 of the Revised Code;	119050

(29) ~~The credit for research and development and technology~~	119051
~~transfer investors under section 5747.33 of the Revised Code;~~	119052

~~(30)~~ The enterprise zone credits under section 5709.65 of the	119053
Revised Code;	119054

~~(31)~~(30) The research and development credit under section	119055
5747.331 of the Revised Code;	119056

~~(32)~~(31) The credit for rehabilitating a historic building	119057
under section 5747.76 of the Revised Code;	119058

~~(33)~~(32) The refundable credit for rehabilitating a historic	119059
building under section 5747.76 of the Revised Code;	119060

~~(34)~~(33) The refundable jobs creation credit or job retention	119061
credit under division (A) of section 5747.058 of the Revised Code;	119062

~~(35)~~(34) The refundable credit for taxes paid by a qualifying	119063
entity granted under section 5747.059 of the Revised Code;	119064

~~(36)~~(35) The refundable credits for taxes paid by a	119065
qualifying pass-through entity granted under division (J) of	119066
section 5747.08 of the Revised Code;	119067

~~(37)~~(36) The refundable credit under section 5747.80 of the	119068
Revised Code for losses on loans made to the Ohio venture capital	119069
program under sections 150.01 to 150.10 of the Revised Code;	119070

~~(38)~~(37) The refundable motion picture production credit	119071
under section 5747.66 of the Revised Code.	119072

~~(39)~~(38) The refundable credit for financial institution	119073
taxes paid by a pass-through entity granted under section 5747.65	119074
of the Revised Code.	119075

(B) For any credit, except the refundable credits enumerated	119076
in this section and the credit granted under division (I) of	119077
section 5747.08 of the Revised Code, the amount of the credit for	119078
a taxable year shall not exceed the tax due after allowing for any	119079
other credit that precedes it in the order required under this	119080
section. Any excess amount of a particular credit may be carried	119081
forward if authorized under the section creating that credit.	119082
Nothing in this chapter shall be construed to allow a taxpayer to	119083
claim, directly or indirectly, a credit more than once for a	119084
taxable year.	119085

Sec. 5749.02. (A) For the purpose of providing revenue to	119086
administer the state's coal mining and reclamation regulatory	119087
program, to meet the environmental and resource management needs	119088
of this state, and to reclaim land affected by mining, an excise	119089
tax is hereby levied on the privilege of engaging in the severance	119090
of natural resources from the soil or water of this state. The tax	119091
shall be imposed upon the severer ~~and shall be~~at the rates	119092
prescribed by divisions (A)(1) to (9) of this section:	119093

(1) Ten cents per ton of coal;

119094

(2) Four cents per ton of salt;

119095

(3) Two cents per ton of limestone or dolomite;

119096

(4) Two cents per ton of sand and gravel;

119097

(5) Ten cents per barrel of oil;

119098

(6) Two and one-half cents per thousand cubic feet of natural	119099
gas;	119100

(7) One cent per ton of clay, sandstone or conglomerate,	119101
shale, gypsum, or quartzite;	119102

(8) Except as otherwise provided in this division or in rules	119103
adopted by the reclamation forfeiture fund advisory board under	119104
section 1513.182 of the Revised Code, an additional fourteen cents	119105
per ton of coal produced from an area under a coal mining and	119106
reclamation permit issued under Chapter 1513. of the Revised Code	119107
for which the performance security is provided under division	119108
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	119109
2007, if at the end of a fiscal biennium the balance of the	119110
reclamation forfeiture fund created in section 1513.18 of the	119111
Revised Code is equal to or greater than ten million dollars, the	119112
rate levied shall be twelve cents per ton. Beginning July 1, 2007,	119113
if at the end of a fiscal biennium the balance of the fund is at	119114
least five million dollars, but less than ten million dollars, the	119115
rate levied shall be fourteen cents per ton. Beginning July 1,	119116
2007, if at the end of a fiscal biennium the balance of the fund	119117
is less than five million dollars, the rate levied shall be	119118
sixteen cents per ton. Beginning July 1, 2009, not later than	119119
thirty days after the close of a fiscal biennium, the chief of the	119120
division of mineral resources management shall certify to the tax	119121
commissioner the amount of the balance of the reclamation	119122
forfeiture fund as of the close of the fiscal biennium. Any	119123
necessary adjustment of the rate levied shall take effect on the	119124
first day of the following January and shall remain in effect	119125
during the calendar biennium that begins on that date.	119126

(9) An additional one and two-tenths cents per ton of coal	119127
mined by surface mining methods.	119128

(B) OfAfter the director of budget and management transfers	119129
money from the severance tax receipts fund as required in division	119130
(H) of section 5749.06 of the Revised Code, money remaining in the	119131
severance tax receipts fund, except for money in the fund from the	119132
amounts due under section 1509.50 of the Revised Code, shall be	119133
credited as follows:	119134

(1) Of the moneys ~~received by the treasurer of state~~in the	119135
fund from the tax levied in division (A)(1) of this section, four	119136
and seventy-six-hundredths per cent shall be credited to the	119137
geological mapping fund created in section 1505.09 of the Revised	119138
Code, eighty and ninety-five-hundredths per cent shall be credited	119139
to the coal mining administration and reclamation reserve fund	119140
created in section 1513.181 of the Revised Code, and fourteen and	119141
twenty-nine-hundredths per cent shall be credited to the	119142
unreclaimed lands fund created in section 1513.30 of the Revised	119143
Code.	119144

(2) The money ~~received by the treasurer of state~~in the fund	119145
from the tax levied in division (A)(2) of this section shall be	119146
credited to the geological mapping fund.	119147

(3) Of the moneys ~~received by the treasurer of state~~in the	119148
fund from the tax levied in divisions (A)(3) and (4) of this	119149
section, seven and five-tenths per cent shall be credited to the	119150
geological mapping fund, forty-two and five-tenths per cent shall	119151
be credited to the unreclaimed lands fund, and the remainder shall	119152
be credited to the surface mining fund created in section 1514.06	119153
of the Revised Code.	119154

(4) Of the moneys ~~received by the treasurer of state~~in the	119155
fund from the tax levied in divisions (A)(5) and (6) of this	119156
section, ninety per cent shall be credited to the oil and gas well	119157
fund created in section 1509.02 of the Revised Code and ten per	119158
cent shall be credited to the geological mapping fund. All of the	119159
moneys ~~received by the treasurer of state~~in the fund from the	119160
tax levied in division (A)(7) of this section shall be credited to	119161
the surface mining fund.	119162

(5) All of the moneys ~~received by the treasurer of state~~in	119163
the fund from the tax levied in division (A)(8) of this section	119164
shall be credited to the reclamation forfeiture fund.	119165

(6) All of the moneys ~~received by the treasurer of state~~in	119166
the fund from the tax levied in division (A)(9) of this section	119167
shall be credited to the unreclaimed lands fund.	119168

(C) When, at the close of any fiscal year, the chief finds	119169
that the balance of the reclamation forfeiture fund, plus	119170
estimated transfers to it from the coal mining administration and	119171
reclamation reserve fund under section 1513.181 of the Revised	119172
Code, plus the estimated revenues from the tax levied by division	119173
(A)(8) of this section for the remainder of the calendar year that	119174
includes the close of the fiscal year, are sufficient to complete	119175
the reclamation of all lands for which the performance security	119176
has been provided under division (C)(2) of section 1513.08 of the	119177
Revised Code, the purposes for which the tax under division (A)(8)	119178
of this section is levied shall be deemed accomplished at the end	119179
of that calendar year. The chief, within thirty days after the	119180
close of the fiscal year, shall certify those findings to the tax	119181
commissioner, and the tax levied under division (A)(8) of this	119182
section shall cease to be imposed for the subsequent calendar year	119183
after the last day of that calendar year on coal produced under a	119184
coal mining and reclamation permit issued under Chapter 1513. of	119185
the Revised Code if the permittee has made tax payments under	119186
division (A)(8) of this section during each of the preceding five	119187
full calendar years. Not later than thirty days after the close of	119188
a fiscal year, the chief shall certify to the tax commissioner the	119189
identity of any permittees who accordingly no longer are required	119190
to pay the tax levied under division (A)(8) of this section for	119191
the subsequent calendar year.	119192

Sec. 5749.06. (A)(1) Each severer liable for the tax imposed	119193
by section 5749.02 of the Revised Code and each severer or owner	119194
liable for the amounts due under section 1509.50 of the Revised	119195
Code shall make and file returns with the tax commissioner in the	119196
prescribed form and as of the prescribed times, computing and	119197
reflecting therein the tax as required by this chapter and amounts	119198
due under section 1509.50 of the Revised Code.	119199

(2) The returns shall be filed for every quarterly period,	119200
which periods shall end on the thirty-first day of March, the	119201
thirtieth day of June, the thirtieth day of September, and the	119202
thirty-first day of December of each year, as required by this	119203
section, unless a different return period is prescribed for a	119204
taxpayer by the commissioner.	119205

(B)(1) A separate return shall be filed for each calendar	119206
quarterly period, or other period, or any part thereof, during	119207
which the severer holds a license as provided by section 5749.04	119208
of the Revised Code, or is required to hold the license, or during	119209
which an owner is required to file a return~~, and the~~. The return	119210
shall be filed within forty-five days after the last day of each	119211
such calendar month, or other period, or any part thereof, for	119212
which the return is required ~~and shall include remittance payable~~	119213
~~to the treasurer of state of the amount of~~. The tax due is payable	119214
along with the return. All such returns shall contain such	119215
information as the commissioner may require to fairly administer	119216
the tax.	119217

(2) All returns shall be signed by the severer or owner, as	119218
applicable, shall contain the full and complete information	119219
requested, and shall be made under penalty of perjury.	119220

(C) If the commissioner believes that quarterly payments of	119221
tax would result in a delay that might jeopardize the collection	119222
of such tax payments, the commissioner may order that such	119223
payments be made weekly, or more frequently if necessary, such	119224
payments to be made not later than seven days following the close	119225
of the period for which the jeopardy payment is required. Such an	119226
order shall be delivered to the taxpayer personally or by	119227
certified mail and shall remain in effect until the commissioner	119228
notifies the taxpayer to the contrary.	119229

(D) Upon good cause the commissioner may extend for thirty	119230
days the period for filing any notice or return required to be	119231
filed under this section, and may remit all or a part of penalties	119232
that may become due under this chapter.	119233

(E) Any tax and any amount due under section 1509.50 of the	119234
Revised Code not paid by the day the tax or amount is due shall	119235
bear interest computed at the rate per annum prescribed by section	119236
5703.47 of the Revised Code on that amount due from the day that	119237
the amount was originally required to be paid to the day of actual	119238
payment or to the day an assessment was issued under section	119239
5749.07 or 5749.10 of the Revised Code, whichever occurs first.	119240

(F) ~~The severer shall make all payments payable to the~~	119241
~~treasurer of state. Except for the amounts due under section~~	119242
~~1509.50 of the Revised Code, all~~A severer or owner, as	119243
applicable, that fails to file a complete return or pay the full	119244
amount due under this chapter within the time prescribed,	119245
including any extensions of time granted by the commissioner,	119246
shall be subject to a penalty not to exceed the greater of fifty	119247
dollars or ten per cent of the amount due for the period.	119248

(G)(1) A severer or owner, as applicable, shall remit	119249
payments electronically and, if required by the commissioner, file	119250
each return electronically. The commissioner may require that the	119251
severer or owner use the Ohio business gateway, as defined in	119252
section 718.051 of the Revised Code, or another electronic means	119253
to file returns and remit payments electronically.	119254

(2) A severer or owner that is required to remit payments	119255
electronically under this section may apply to the commissioner,	119256
in the manner prescribed by the commissioner, to be excused from	119257
that requirement. The commissioner may excuse a severer or owner	119258
from the requirements of division (G) of this section for good	119259
cause.	119260

(3) If a severer or owner that is required to remit payments	119261
or file returns electronically under this section fails to do so,	119262
the commissioner may impose a penalty on the severer or owner not	119263
to exceed the following:	119264

(a) For the first or second payment or return the severer or	119265
owner fails to remit or file electronically, the greater of five	119266
per cent of the amount of the payment that was required to be	119267
remitted or twenty-five dollars;	119268

(b) For every payment or return after the second that the	119269
severer or owner fails to remit or file electronically, the	119270
greater of ten per cent of the amount of the payment that was	119271
required to be remitted or fifty dollars.	119272

(H)(1) All amounts that the ~~tax~~ commissioner receives under	119273
this section shall be deemed to be revenue from taxes imposed	119274
under this chapter~~. The commissioner shall immediately forward to~~	119275
~~the treasurer of state all amounts received under this section~~or	119276
from the amount due under section 1509.50 of the Revised Code, as	119277
applicable, and shall be deposited in the severance tax receipts	119278
fund, which is hereby created in the state treasury.	119279

(2) The director of budget and management shall transfer from	119280
the severance tax receipts fund to the tax refund fund amounts	119281
equal to the refunds certified by the commissioner under section	119282
5749.08 of the Revised Code. Any amount transferred under division	119283
(H)(2) of this section shall be derived from receipts of the same	119284
tax or other amount from which the refund arose.	119285

(3) After the director of budget and management makes any	119286
transfer required by division (H)(2) of this section, but not	119287
later than the fifteenth day of the month following the end of	119288
each calendar quarter, the commissioner shall certify to the	119289
director the total amount remaining in the severance tax receipts	119290
fund organized according to the amount attributable to each	119291
natural resource and according to the amount attributable to a tax	119292
imposed by this chapter and the amounts due under section 1509.50	119293
of the Revised Code.	119294

(I) Penalties imposed under this section are in addition to	119295
any other penalty imposed under this chapter and shall be	119296
considered as revenue arising from the tax levied under this	119297
chapter or the amount due under section 1509.50 of the Revised	119298
Code, as applicable. The commissioner may collect any penalty or	119299
interest imposed under this section in the same manner as provided	119300
for the making of an assessment in section 5749.07 of the Revised	119301
Code. The commissioner may abate all or a portion of such interest	119302
or penalties and may adopt rules governing such abatements.	119303

Sec. 5749.07. (A) If any severer required by this chapter to	119304
make and file returns and pay the tax levied by section 5749.02 of	119305
the Revised Code, or any severer or owner liable for the amounts	119306
due under section 1509.50 of the Revised Code, fails to make such	119307
return or pay such tax or amounts, the tax commissioner may make	119308
an assessment against the severer or owner based upon any	119309
information in the commissioner's possession.	119310

No assessment shall be made or issued against any severer for	119311
any tax imposed by section 5749.02 of the Revised Code or against	119312
any severer or owner for any amount due under section 1509.50 of	119313
the Revised Code more than four years after the return was due or	119314
was filed, whichever is later. This section does not bar an	119315
assessment against a severer or owner who fails to file a return	119316
as required by this chapter, or who files a fraudulent return.	119317

The commissioner shall give the party assessed written notice	119318
of such assessment in the manner provided in section 5703.37 of	119319
the Revised Code. With the notice, the commissioner shall provide	119320
instructions on how to petition for reassessment and request a	119321
hearing on the petition.	119322

(B) Unless the party assessed files with the commissioner	119323
within sixty days after service of the notice of assessment,	119324
either personally or by certified mail, a written petition for	119325
reassessment signed by the party assessed or that party's	119326
authorized agent having knowledge of the facts, the assessment	119327
becomes final and the amount of the assessment is due and payable	119328
from the party assessed to the treasurer of state. The petition	119329
shall indicate the objections of the party assessed, but	119330
additional objections may be raised in writing if received by the	119331
commissioner prior to the date shown on the final determination.	119332
If the petition has been properly filed, the commissioner shall	119333
proceed under section 5703.60 of the Revised Code.	119334

(C) After an assessment becomes final, if any portion of the	119335
assessment remains unpaid, including accrued interest, a certified	119336
copy of the commissioner's entry making the assessment final may	119337
be filed in the office of the clerk of the court of common pleas	119338
in the county in which the party assessed resides or in which the	119339
party's business is conducted. If the party assessed maintains no	119340
place of business in this state and is not a resident of this	119341
state, the certified copy of the entry may be filed in the office	119342
of the clerk of the court of common pleas of Franklin county.	119343

Immediately upon the filing of such entry, the clerk shall	119344
enter a judgment for the state against the party assessed in the	119345
amount shown on the entry. The judgment may be filed by the clerk	119346
in a loose-leaf book entitled "special judgments for state	119347
severance tax," and shall have the same effect as other judgments.	119348
Execution shall issue upon the judgment upon the request of the	119349
commissioner, and all laws applicable to sales on execution shall	119350
apply to sales made under the judgment.	119351

~~The portion of~~If the assessment is not paid in its entirety	119352
within sixty days after the day the assessment is issued, the	119353
portion of the assessment consisting of tax due or amounts due	119354
under section 1509.50 of the Revised Code shall bear interest at	119355
the rate per annum prescribed by section 5703.47 of the Revised	119356
Code from the day the commissioner issues the assessment until it	119357
is paid or until it is certified to the attorney general for	119358
collection under section 131.02 of the Revised Code, whichever	119359
comes first. If the unpaid portion of the assessment is certified	119360
to the attorney general for collection, the entire unpaid portion	119361
of the assessment shall bear interest at the rate per annum	119362
prescribed by section 5703.47 of the Revised Code from the date of	119363
certification until the date it is paid in its entirety. Interest	119364
shall be paid in the same manner as the tax and may be collected	119365
by the issuance of an assessment under this section.	119366

(D) All money collected by the commissioner under this	119367
section shall be paid to the treasurer of state, and when paid	119368
shall be considered as revenue arising from the tax imposed by	119369
section 5749.02 of the Revised Code and the amount due under	119370
section 1509.50 of the Revised Code, as applicable.	119371

Sec. 5749.17. ~~Any~~Except for purposes of enforcing Chapter	119372
1509. of the Revised Code, any information provided to the	119373
department of natural resources by the department of taxation in	119374
accordance with division (C)(12) of section 5703.21 of the Revised	119375
Code shall not be disclosed publicly by the department of natural	119376
resources~~, but~~. However the department of natural resources may	119377
provide such information to the attorney general for purposes of	119378
enforcement of ~~the law~~Chapter 1509. of the Revised Code.	119379

Sec. 5751.01. As used in this chapter:

119380

(A) "Person" means, but is not limited to, individuals,	119381
combinations of individuals of any form, receivers, assignees,	119382
trustees in bankruptcy, firms, companies, joint-stock companies,	119383
business trusts, estates, partnerships, limited liability	119384
partnerships, limited liability companies, associations, joint	119385
ventures, clubs, societies, for-profit corporations, S	119386
corporations, qualified subchapter S subsidiaries, qualified	119387
subchapter S trusts, trusts, entities that are disregarded for	119388
federal income tax purposes, and any other entities.	119389

(B) "Consolidated elected taxpayer" means a group of two or	119390
more persons treated as a single taxpayer for purposes of this	119391
chapter as the result of an election made under section 5751.011	119392
of the Revised Code.	119393

(C) "Combined taxpayer" means a group of two or more persons	119394
treated as a single taxpayer for purposes of this chapter under	119395
section 5751.012 of the Revised Code.	119396

(D) "Taxpayer" means any person, or any group of persons in	119397
the case of a consolidated elected taxpayer or combined taxpayer	119398
treated as one taxpayer, required to register or pay tax under	119399
this chapter. "Taxpayer" does not include excluded persons.	119400

(E) "Excluded person" means any of the following:

119401

(1) Any person with not more than one hundred fifty thousand	119402
dollars of taxable gross receipts during the calendar year.	119403
Division (E)(1) of this section does not apply to a person that is	119404
a member of a consolidated elected taxpayer;	119405

(2) A public utility that paid the excise tax imposed by	119406
section 5727.24 or 5727.30 of the Revised Code based on one or	119407
more measurement periods that include the entire tax period under	119408
this chapter, except that a public utility that is a combined	119409
company is a taxpayer with regard to the following gross receipts:	119410

(a) Taxable gross receipts directly attributed to a public	119411
utility activity, but not directly attributed to an activity that	119412
is subject to the excise tax imposed by section 5727.24 or 5727.30	119413
of the Revised Code;	119414

(b) Taxable gross receipts that cannot be directly attributed	119415
to any activity, multiplied by a fraction whose numerator is the	119416
taxable gross receipts described in division (E)(2)(a) of this	119417
section and whose denominator is the total taxable gross receipts	119418
that can be directly attributed to any activity;	119419

(c) Except for any differences resulting from the use of an	119420
accrual basis method of accounting for purposes of determining	119421
gross receipts under this chapter and the use of the cash basis	119422
method of accounting for purposes of determining gross receipts	119423
under section 5727.24 of the Revised Code, the gross receipts	119424
directly attributed to the activity of a natural gas company shall	119425
be determined in a manner consistent with division (D) of section	119426
5727.03 of the Revised Code.	119427

As used in division (E)(2) of this section, "combined	119428
company" and "public utility" have the same meanings as in section	119429
5727.01 of the Revised Code.	119430

(3) A financial institution, as defined in section 5726.01 of	119431
the Revised Code, that paid the tax imposed by section 5726.02 of	119432
the Revised Code based on one or more taxable years that include	119433
the entire tax period under this chapter;	119434

(4) A person directly or indirectly owned by one or more	119435
financial institutions, as defined in section 5726.01 of the	119436
Revised Code, that paid the tax imposed by section 5726.02 of the	119437
Revised Code based on one or more taxable years that include the	119438
entire tax period under this chapter.	119439

For the purposes of division (E)(4) of this section, a person	119440
owns another person under the following circumstances:	119441

(a) In the case of corporations issuing capital stock, one	119442
corporation owns another corporation if it owns fifty per cent or	119443
more of the other corporation's capital stock with current voting	119444
rights;	119445

(b) In the case of a limited liability company, one person	119446
owns the company if that person's membership interest, as defined	119447
in section 1705.01 of the Revised Code, is fifty per cent or more	119448
of the combined membership interests of all persons owning such	119449
interests in the company;	119450

(c) In the case of a partnership, trust, or other	119451
unincorporated business organization other than a limited	119452
liability company, one person owns the organization if, under the	119453
articles of organization or other instrument governing the affairs	119454
of the organization, that person has a beneficial interest in the	119455
organization's profits, surpluses, losses, or distributions of	119456
fifty per cent or more of the combined beneficial interests of all	119457
persons having such an interest in the organization.	119458

(5) A domestic insurance company or foreign insurance	119459
company, as defined in section 5725.01 of the Revised Code, that	119460
paid the insurance company premiums tax imposed by section 5725.18	119461
or Chapter 5729. of the Revised Code, or an unauthorized insurance	119462
company whose gross premiums are subject to tax under section	119463
3905.36 of the Revised Code based on one or more measurement	119464
periods that include the entire tax period under this chapter;	119465

(6) A person that solely facilitates or services one or more	119466
securitizations of phase-in-recovery property pursuant to a final	119467
financing order as those terms are defined in section 4928.23 of	119468
the Revised Code. For purposes of this division, "securitization"	119469
means transferring one or more assets to one or more persons and	119470
then issuing securities backed by the right to receive payment	119471
from the asset or assets so transferred.	119472

(7) Except as otherwise provided in this division, a	119473
pre-income tax trust as defined in division (FF)(4) of section	119474
5747.01 of the Revised Code and any pass-through entity of which	119475
such pre-income tax trust owns or controls, directly, indirectly,	119476
or constructively through related interests, more than five per	119477
cent of the ownership or equity interests. If the pre-income tax	119478
trust has made a qualifying pre-income tax trust election under	119479
division (FF)(3) of section 5747.01 of the Revised Code, then the	119480
trust and the pass-through entities of which it owns or controls,	119481
directly, indirectly, or constructively through related interests,	119482
more than five per cent of the ownership or equity interests,	119483
shall not be excluded persons for purposes of the tax imposed	119484
under section 5751.02 of the Revised Code.	119485

(8) Nonprofit organizations or the state and its agencies,	119486
instrumentalities, or political subdivisions.	119487

(F) Except as otherwise provided in divisions (F)(2), (3),	119488
and (4) of this section, "gross receipts" means the total amount	119489
realized by a person, without deduction for the cost of goods sold	119490
or other expenses incurred, that contributes to the production of	119491
gross income of the person, including the fair market value of any	119492
property and any services received, and any debt transferred or	119493
forgiven as consideration.	119494

(1) The following are examples of gross receipts:

119495

(a) Amounts realized from the sale, exchange, or other	119496
disposition of the taxpayer's property to or with another;	119497

(b) Amounts realized from the taxpayer's performance of	119498
services for another;	119499

(c) Amounts realized from another's use or possession of the	119500
taxpayer's property or capital;	119501

(d) Any combination of the foregoing amounts.

119502

(2) "Gross receipts" excludes the following amounts:

119503

(a) Interest income except interest on credit sales;

119504

(b) Dividends and distributions from corporations, and	119505
distributive or proportionate shares of receipts and income from a	119506
pass-through entity as defined under section 5733.04 of the	119507
Revised Code;	119508

(c) Receipts from the sale, exchange, or other disposition of	119509
an asset described in section 1221 or 1231 of the Internal Revenue	119510
Code, without regard to the length of time the person held the	119511
asset. Notwithstanding section 1221 of the Internal Revenue Code,	119512
receipts from hedging transactions also are excluded to the extent	119513
the transactions are entered into primarily to protect a financial	119514
position, such as managing the risk of exposure to (i) foreign	119515
currency fluctuations that affect assets, liabilities, profits,	119516
losses, equity, or investments in foreign operations; (ii)	119517
interest rate fluctuations; or (iii) commodity price fluctuations.	119518
As used in division (F)(2)(c) of this section, "hedging	119519
transaction" has the same meaning as used in section 1221 of the	119520
Internal Revenue Code and also includes transactions accorded	119521
hedge accounting treatment under statement of financial accounting	119522
standards number 133 of the financial accounting standards board.	119523
For the purposes of division (F)(2)(c) of this section, the actual	119524
transfer of title of real or tangible personal property to another	119525
entity is not a hedging transaction.	119526

(d) Proceeds received attributable to the repayment,	119527
maturity, or redemption of the principal of a loan, bond, mutual	119528
fund, certificate of deposit, or marketable instrument;	119529

(e) The principal amount received under a repurchase	119530
agreement or on account of any transaction properly characterized	119531
as a loan to the person;	119532

(f) Contributions received by a trust, plan, or other	119533
arrangement, any of which is described in section 501(a) of the	119534
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	119535
1, Subchapter (D) of the Internal Revenue Code applies;	119536

(g) Compensation, whether current or deferred, and whether in	119537
cash or in kind, received or to be received by an employee, former	119538
employee, or the employee's legal successor for services rendered	119539
to or for an employer, including reimbursements received by or for	119540
an individual for medical or education expenses, health insurance	119541
premiums, or employee expenses, or on account of a dependent care	119542
spending account, legal services plan, any cafeteria plan	119543
described in section 125 of the Internal Revenue Code, or any	119544
similar employee reimbursement;	119545

(h) Proceeds received from the issuance of the taxpayer's own	119546
stock, options, warrants, puts, or calls, or from the sale of the	119547
taxpayer's treasury stock;	119548

(i) Proceeds received on the account of payments from	119549
insurance policies, except those proceeds received for the loss of	119550
business revenue;	119551

(j) Gifts or charitable contributions received; membership	119552
dues received by trade, professional, homeowners', or condominium	119553
associations; and payments received for educational courses,	119554
meetings, meals, or similar payments to a trade, professional, or	119555
other similar association; and fundraising receipts received by	119556
any person when any excess receipts are donated or used	119557
exclusively for charitable purposes;	119558

(k) Damages received as the result of litigation in excess of	119559
amounts that, if received without litigation, would be gross	119560
receipts;	119561

(l) Property, money, and other amounts received or acquired	119562
by an agent on behalf of another in excess of the agent's	119563
commission, fee, or other remuneration;	119564

(m) Tax refunds, other tax benefit recoveries, and	119565
reimbursements for the tax imposed under this chapter made by	119566
entities that are part of the same combined taxpayer or	119567
consolidated elected taxpayer group, and reimbursements made by	119568
entities that are not members of a combined taxpayer or	119569
consolidated elected taxpayer group that are required to be made	119570
for economic parity among multiple owners of an entity whose tax	119571
obligation under this chapter is required to be reported and paid	119572
entirely by one owner, pursuant to the requirements of sections	119573
5751.011 and 5751.012 of the Revised Code;	119574

(n) Pension reversions;

119575

(o) Contributions to capital;

119576

(p) Sales or use taxes collected as a vendor or an	119577
out-of-state seller on behalf of the taxing jurisdiction from a	119578
consumer or other taxes the taxpayer is required by law to collect	119579
directly from a purchaser and remit to a local, state, or federal	119580
tax authority;	119581

(q) In the case of receipts from the sale of cigarettes or	119582
tobacco products by a wholesale dealer, retail dealer,	119583
distributor, manufacturer, or seller, all as defined in section	119584
5743.01 of the Revised Code, an amount equal to the federal and	119585
state excise taxes paid by any person on or for such cigarettes or	119586
tobacco products under subtitle E of the Internal Revenue Code or	119587
Chapter 5743. of the Revised Code;	119588

(r) In the case of receipts from the sale of motor fuel by a	119589
licensed motor fuel dealer, licensed retail dealer, or licensed	119590
permissive motor fuel dealer, all as defined in section 5735.01 of	119591
the Revised Code, an amount equal to federal and state excise	119592
taxes paid by any person on such motor fuel under section 4081 of	119593
the Internal Revenue Code or Chapter 5735. of the Revised Code;	119594

(s) In the case of receipts from the sale of beer or	119595
intoxicating liquor, as defined in section 4301.01 of the Revised	119596
Code, by a person holding a permit issued under Chapter 4301. or	119597
4303. of the Revised Code, an amount equal to federal and state	119598
excise taxes paid by any person on or for such beer or	119599
intoxicating liquor under subtitle E of the Internal Revenue Code	119600
or Chapter 4301. or 4305. of the Revised Code;	119601

(t) Receipts realized by a new motor vehicle dealer or used	119602
motor vehicle dealer, as defined in section 4517.01 of the Revised	119603
Code, from the sale or other transfer of a motor vehicle, as	119604
defined in that section, to another motor vehicle dealer for the	119605
purpose of resale by the transferee motor vehicle dealer, but only	119606
if the sale or other transfer was based upon the transferee's need	119607
to meet a specific customer's preference for a motor vehicle;	119608

(u) Receipts from a financial institution described in	119609
division (E)(3) of this section for services provided to the	119610
financial institution in connection with the issuance, processing,	119611
servicing, and management of loans or credit accounts, if such	119612
financial institution and the recipient of such receipts have at	119613
least fifty per cent of their ownership interests owned or	119614
controlled, directly or constructively through related interests,	119615
by common owners;	119616

(v) Receipts realized from administering anti-neoplastic	119617
drugs and other cancer chemotherapy, biologicals, therapeutic	119618
agents, and supportive drugs in a physician's office to patients	119619
with cancer;	119620

(w) Funds received or used by a mortgage broker that is not a	119621
dealer in intangibles, other than fees or other consideration,	119622
pursuant to a table-funding mortgage loan or warehouse-lending	119623
mortgage loan. Terms used in division (F)(2)(w) of this section	119624
have the same meanings as in section 1322.01 of the Revised Code,	119625
except "mortgage broker" means a person assisting a buyer in	119626
obtaining a mortgage loan for a fee or other consideration paid by	119627
the buyer or a lender, or a person engaged in table-funding or	119628
warehouse-lending mortgage loans that are first lien mortgage	119629
loans.	119630

(x) Property, money, and other amounts received by a	119631
professional employer organization, as defined in section 4125.01	119632
of the Revised Code, from a client employer, as defined in that	119633
section, in excess of the administrative fee charged by the	119634
professional employer organization to the client employer;	119635

(y) In the case of amounts retained as commissions by a	119636
permit holder under Chapter 3769. of the Revised Code, an amount	119637
equal to the amounts specified under that chapter that must be	119638
paid to or collected by the tax commissioner as a tax and the	119639
amounts specified under that chapter to be used as purse money;	119640

(z) Qualifying distribution center receipts.

119641

(i) For purposes of division (F)(2)(z) of this section:

119642

(I) "Qualifying distribution center receipts" means receipts	119643
of a supplier from qualified property that is delivered to a	119644
qualified distribution center, multiplied by a quantity that	119645
equals one minus the Ohio delivery percentage. If the qualified	119646
distribution center is a refining facility, "supplier" includes	119647
all dealers, brokers, processors, sellers, vendors, cosigners, and	119648
distributors of qualified property.	119649

(II) "Qualified property" means tangible personal property	119650
delivered to a qualified distribution center that is shipped to	119651
that qualified distribution center solely for further shipping by	119652
the qualified distribution center to another location in this	119653
state or elsewhere or, in the case of gold, silver, platinum, or	119654
palladium delivered to a refining facility solely for refining to	119655
a grade and fineness acceptable for delivery to a registered	119656
commodities exchange. "Further shipping" includes storing and	119657
repackaging property into smaller or larger bundles, so long as	119658
the property is not subject to further manufacturing or	119659
processing. "Refining" is limited to extracting impurities from	119660
gold, silver, platinum, or palladium through smelting or some	119661
other process at a refining facility.	119662

(III) "Qualified distribution center" means a warehouse, a	119663
facility similar to a warehouse, or a refining facility in this	119664
state that, for the qualifying year, is operated by a person that	119665
is not part of a combined taxpayer group and that has a qualifying	119666
certificate. All warehouses or facilities similar to warehouses	119667
that are operated by persons in the same taxpayer group and that	119668
are located within one mile of each other shall be treated as one	119669
qualified distribution center. All refining facilities that are	119670
operated by persons in the same taxpayer group and that are	119671
located in the same or adjacent counties may be treated as one	119672
qualified distribution center.	119673

(IV) "Qualifying year" means the calendar year to which the	119674
qualifying certificate applies.	119675

(V) "Qualifying period" means the period of the first day of	119676
July of the second year preceding the qualifying year through the	119677
thirtieth day of June of the year preceding the qualifying year.	119678

(VI) "Qualifying certificate" means the certificate issued by	119679
the tax commissioner after the operator of a distribution center	119680
files an annual application with the commissioner. The application	119681
and annual fee shall be filed and paid for each qualified	119682
distribution center on or before the first day of September before	119683
the qualifying year or within forty-five days after the	119684
distribution center opens, whichever is later.	119685

The applicant must substantiate to the commissioner's	119686
satisfaction that, for the qualifying period, all persons	119687
operating the distribution center have more than fifty per cent of	119688
the cost of the qualified property shipped to a location such that	119689
it would be sitused outside this state under the provisions of	119690
division (E) of section 5751.033 of the Revised Code. The	119691
applicant must also substantiate that the distribution center	119692
cumulatively had costs from its suppliers equal to or exceeding	119693
five hundred million dollars during the qualifying period. (For	119694
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	119695
excludes any person that is part of the consolidated elected	119696
taxpayer group, if applicable, of the operator of the qualified	119697
distribution center.) The commissioner may require the applicant	119698
to have an independent certified public accountant certify that	119699
the calculation of the minimum thresholds required for a qualified	119700
distribution center by the operator of a distribution center has	119701
been made in accordance with generally accepted accounting	119702
principles. The commissioner shall issue or deny the issuance of a	119703
certificate within sixty days after the receipt of the	119704
application. A denial is subject to appeal under section 5717.02	119705
of the Revised Code. If the operator files a timely appeal under	119706
section 5717.02 of the Revised Code, the operator shall be granted	119707
a qualifying certificate~~, provided that~~effective for the	119708
remainder of the qualifying year or until the appeal is finalized,	119709
whichever is earlier. If the operator ~~is liable for any tax,~~	119710
~~interest, or penalty upon amounts claimed as qualifying~~	119711
~~distribution center receipts, other than those receipts exempt~~	119712
~~under division (C)(1) of section 5751.011 of the Revised Code,~~	119713
~~that would have otherwise not been owed by its suppliers if the~~	119714
~~qualifying certificate was valid~~does not prevail in the appeal,	119715
the operator shall pay the operator's supplier tax liability.	119716

(VII) "Ohio delivery percentage" means the proportion of the	119717
total property delivered to a destination inside Ohio from the	119718
qualified distribution center during the qualifying period	119719
compared with total deliveries from such distribution center	119720
everywhere during the qualifying period.	119721

(VIII) "Refining facility" means one or more buildings	119722
located in a county in the Appalachian region of this state as	119723
defined by section 107.21 of the Revised Code and utilized for	119724
refining or smelting gold, silver, platinum, or palladium to a	119725
grade and fineness acceptable for delivery to a registered	119726
commodities exchange.	119727

(IX) "Registered commodities exchange" means a board of	119728
trade, such as New York mercantile exchange, inc. or commodity	119729
exchange, inc., designated as a contract market by the commodity	119730
futures trading commission under the "Commodity Exchange Act," 7	119731
U.S.C. 1 et seq., as amended.	119732

(X) "Supplier tax liability" means an amount equal to the tax	119733
liability of all suppliers of a distribution center had the	119734
distribution center not been issued a qualifying certificate for	119735
the qualifying year, less the amount actually paid by the	119736
suppliers for the qualifying year. Supplier tax liability shall	119737
not include interest or penalties. The tax commissioner shall	119738
determine an operator's supplier tax liability based on	119739
information that the commissioner may request from the operator of	119740
the distribution center. An operator shall provide a list of all	119741
suppliers of the distribution center and the corresponding costs	119742
of qualified property for the qualifying year at issue within	119743
sixty days of a request by the commissioner under this division.	119744

(ii)(I) If the distribution center is new and was not open	119745
for the entire qualifying period, the operator of the distribution	119746
center may request that the commissioner grant a qualifying	119747
certificate. If the certificate is granted and it is later	119748
determined that more than fifty per cent of the qualified property	119749
during that year was not shipped to a location such that it would	119750
be sitused outside of this state under the provisions of division	119751
(E) of section 5751.033 of the Revised Code or if it is later	119752
determined that the person that operates the distribution center	119753
had average monthly costs from its suppliers of less than forty	119754
million dollars during that year, then the operator of the	119755
distribution center shall pay ~~a penalty for that year equal to~~	119756
~~five hundred thousand dollars~~the operator's supplier tax	119757
liability. (For purposes of division (F)(2)(z)(ii) of this	119758
section, "supplier" excludes any person that is part of the	119759
consolidated elected taxpayer group, if applicable, of the	119760
operator of the qualified distribution center.)	119761

(II) The commissioner may grant a qualifying certificate to a	119762
distribution center that does not qualify as a qualified	119763
distribution center for an entire qualifying period if the	119764
operator of the distribution center demonstrates that the business	119765
operations of the distribution center have changed or will change	119766
such that the distribution center will qualify as a qualified	119767
distribution center within thirty-six months after the date the	119768
operator first applies for a certificate. If, at the end of that	119769
thirty-six-month period, the business operations of the	119770
distribution center have not changed such that the distribution	119771
center qualifies as a qualified distribution center, the operator	119772
of the distribution center shall pay ~~a penalty equal to five~~	119773
~~hundred thousand dollars~~the operator's supplier tax liability for	119774
each year that the distribution center received a certificate but	119775
did not qualify as a qualified distribution center. For each year	119776
the distribution center receives a certificate under division	119777
(F)(2)(z)(ii)(II) of this section, the distribution center shall	119778
pay all applicable fees required under division (F)(2)(z) of this	119779
section and shall submit an updated business plan showing the	119780
progress the distribution center made toward qualifying as a	119781
qualified distribution center during the preceding year.	119782

(III) An operator may appeal ~~the imposition of~~ a ~~penalty~~	119783
~~imposed~~determination under division (F)(2)(z)(ii)(I) or (II) of	119784
this section that the operator is liable for the operator's	119785
supplier tax liability as a result of not qualifying as a	119786
qualified distribution center, as provided in section 5717.02 of	119787
the Revised Code.	119788

(iii) When filing an application for a qualifying certificate	119789
under division (F)(2)(z)(i)(VI) of this section, the operator of a	119790
qualified distribution center also shall provide documentation, as	119791
the commissioner requires, for the commissioner to ascertain the	119792
Ohio delivery percentage. The commissioner, upon issuing the	119793
qualifying certificate, also shall certify the Ohio delivery	119794
percentage. The operator of the qualified distribution center may	119795
appeal the commissioner's certification of the Ohio delivery	119796
percentage in the same manner as an appeal is taken from the	119797
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	119798
of this section.	119799

~~Within thirty days after all appeals have been exhausted, the~~	119800
~~operator of the qualified distribution center shall provide the~~	119801
~~commissioner with a list of all affected suppliers of qualified~~	119802
~~property. The commissioner shall notify all such suppliers that~~	119803
~~the suppliers are required to file, within sixty days after~~	119804
~~receiving the notice, amended reports for the affected calendar~~	119805
~~quarter or quarters or calendar year, whichever the case may be.~~	119806
~~Any additional tax liability or tax overpayment shall be subject~~	119807
~~to interest but shall not be subject to the imposition of any~~	119808
~~penalty so long as the amended returns are timely filed. The~~	119809
~~supplier of tangible personal property delivered to the qualified~~	119810
~~distribution center shall include in its report of taxable gross~~	119811
~~receipts the receipts from the total sales of property delivered~~	119812
~~to the qualified distribution center for the calendar quarter or~~	119813
~~calendar year, whichever the case may be, multiplied by the Ohio~~	119814
~~delivery percentage for the qualifying year. Nothing in division~~	119815
~~(F)(2)(z)(iii) of this section shall be construed as imposing~~	119816
~~liability on the operator of a qualified distribution center for~~	119817
~~the tax imposed by this chapter arising from any change to the~~	119818
~~Ohio delivery percentage.~~	119819

(iv)(I) In the case where the distribution center is new and	119820
not open for the entire qualifying period, the operator shall make	119821
a good faith estimate of an Ohio delivery percentage for use by	119822
suppliers in their reports of taxable gross receipts for the	119823
remainder of the qualifying period. The operator of the facility	119824
shall disclose to the suppliers that such Ohio delivery percentage	119825
is an estimate and is subject to recalculation. By the due date of	119826
the next application for a qualifying certificate, the operator	119827
shall determine the actual Ohio delivery percentage for the	119828
estimated qualifying period and proceed as provided in division	119829
(F)(2)(z)(iii) of this section with respect to the calculation and	119830
recalculation of the Ohio delivery percentage. The supplier is	119831
required to file, within sixty days after receiving notice from	119832
the operator of the qualified distribution center, amended reports	119833
for the impacted calendar quarter or quarters or calendar year,	119834
whichever the case may be. Any additional tax liability or tax	119835
overpayment shall be subject to interest but shall not be subject	119836
to the imposition of any penalty so long as the amended returns	119837
are timely filed.	119838

(II) The operator of a distribution center that receives a	119839
qualifying certificate under division (F)(2)(z)(ii)(II) of this	119840
section shall make a good faith estimate of the Ohio delivery	119841
percentage that the operator estimates will apply to the	119842
distribution center at the end of the thirty-six-month period	119843
after the operator first applied for a qualifying certificate	119844
under that division. The result of the estimate shall be	119845
multiplied by a factor of one and seventy-five one-hundredths. The	119846
product of that calculation shall be the Ohio delivery percentage	119847
used by suppliers in their reports of taxable gross receipts for	119848
each qualifying year that the distribution center receives a	119849
qualifying certificate under division (F)(2)(z)(ii)(II) of this	119850
section, except that, if the product is less than five per cent,	119851
the Ohio delivery percentage used shall be five per cent and that,	119852
if the product exceeds forty-nine per cent, the Ohio delivery	119853
percentage used shall be forty-nine per cent.	119854

(v) Qualifying certificates and Ohio delivery percentages	119855
issued by the commissioner shall be open to public inspection and	119856
shall be timely published by the commissioner. A supplier relying	119857
in good faith on a certificate issued under this division shall	119858
not be subject to tax on the qualifying distribution center	119859
receipts under division (F)(2)(z) of this section. A person	119860
receiving a qualifying certificate is liable for ~~a penalty equal~~	119861
~~to five hundred thousand dollars~~the person's supplier tax	119862
liability for each year the person received a certificate ~~that~~	119863
~~should not have been issued because the statutory requirements~~	119864
~~were in fact not met~~but did not qualify as a qualified	119865
distribution center.	119866

(vi) The annual fee for a qualifying certificate shall be one	119867
hundred thousand dollars for each qualified distribution center.	119868
If a qualifying certificate is not issued, the annual fee is	119869
subject to refund after the exhaustion of all appeals provided for	119870
in division (F)(2)(z)(i)(VI) of this section. ~~The fee imposed~~	119871
~~under this division may be assessed in the same manner as the tax~~	119872
~~imposed under this chapter.~~ The first one hundred thousand dollars	119873
of the annual application fees collected each calendar year shall	119874
be credited to the revenue enhancement fund. The remainder of the	119875
annual application fees collected shall be distributed in the same	119876
manner required under section 5751.20 of the Revised Code.	119877

(vii) The tax commissioner may require that adequate security	119878
be posted by the operator of the distribution center on appeal	119879
when the commissioner disagrees that the applicant has met the	119880
minimum thresholds for a qualified distribution center as set	119881
forth in ~~divisions (F)(2)(z)(i)(VI) and~~division (F)(2)(z)~~(ii)~~ of	119882
this section.	119883

(aa) Receipts of an employer from payroll deductions relating	119884
to the reimbursement of the employer for advancing moneys to an	119885
unrelated third party on an employee's behalf;	119886

(bb) Cash discounts allowed and taken;

119887

(cc) Returns and allowances;

119888

(dd) Bad debts from receipts on the basis of which the tax	119889
imposed by this chapter was paid in a prior quarterly tax payment	119890
period. For the purpose of this division, "bad debts" means any	119891
debts that have become worthless or uncollectible between the	119892
preceding and current quarterly tax payment periods, have been	119893
uncollected for at least six months, and that may be claimed as a	119894
deduction under section 166 of the Internal Revenue Code and the	119895
regulations adopted under that section, or that could be claimed	119896
as such if the taxpayer kept its accounts on the accrual basis.	119897
"Bad debts" does not include repossessed property, uncollectible	119898
amounts on property that remains in the possession of the taxpayer	119899
until the full purchase price is paid, or expenses in attempting	119900
to collect any account receivable or for any portion of the debt	119901
recovered;	119902

(ee) Any amount realized from the sale of an account	119903
receivable to the extent the receipts from the underlying	119904
transaction giving rise to the account receivable were included in	119905
the gross receipts of the taxpayer;	119906

(ff) Any receipts directly attributed to a transfer agreement	119907
or to the enterprise transferred under that agreement under	119908
section 4313.02 of the Revised Code.	119909

(gg)(i) As used in this division:

119910

(I) "Qualified uranium receipts" means receipts from the	119911
sale, exchange, lease, loan, production, processing, or other	119912
disposition of uranium within a uranium enrichment zone certified	119913
by the tax commissioner under division (F)(2)(gg)(ii) of this	119914
section. "Qualified uranium receipts" does not include any	119915
receipts with a situs in this state outside a uranium enrichment	119916
zone certified by the tax commissioner under division	119917
(F)(2)(gg)(ii) of this section.	119918

(II) "Uranium enrichment zone" means all real property that	119919
is part of a uranium enrichment facility licensed by the United	119920
States nuclear regulatory commission and that was or is owned or	119921
controlled by the United States department of energy or its	119922
successor.	119923

(ii) Any person that owns, leases, or operates real or	119924
tangible personal property constituting or located within a	119925
uranium enrichment zone may apply to the tax commissioner to have	119926
the uranium enrichment zone certified for the purpose of excluding	119927
qualified uranium receipts under division (F)(2)(gg) of this	119928
section. The application shall include such information that the	119929
tax commissioner prescribes. Within sixty days after receiving the	119930
application, the tax commissioner shall certify the zone for that	119931
purpose if the commissioner determines that the property qualifies	119932
as a uranium enrichment zone as defined in division (F)(2)(gg) of	119933
this section, or, if the tax commissioner determines that the	119934
property does not qualify, the commissioner shall deny the	119935
application or request additional information from the applicant.	119936
If the tax commissioner denies an application, the commissioner	119937
shall state the reasons for the denial. The applicant may appeal	119938
the denial of an application to the board of tax appeals pursuant	119939
to section 5717.02 of the Revised Code. If the applicant files a	119940
timely appeal, the tax commissioner shall conditionally certify	119941
the applicant's property. The conditional certification shall	119942
expire when all of the applicant's appeals are exhausted. Until	119943
final resolution of the appeal, the applicant shall retain the	119944
applicant's records in accordance with section 5751.12 of the	119945
Revised Code, notwithstanding any time limit on the preservation	119946
of records under that section.	119947

(hh) Amounts realized by licensed motor fuel dealers or	119948
licensed permissive motor fuel dealers from the exchange of	119949
petroleum products, including motor fuel, between such dealers,	119950
provided that delivery of the petroleum products occurs at a	119951
refinery, terminal, pipeline, or marine vessel and that the	119952
exchanging dealers agree neither dealer shall require monetary	119953
compensation from the other for the value of the exchanged	119954
petroleum products other than such compensation for differences in	119955
product location or grade. Division (F)(2)(hh) of this section	119956
does not apply to amounts realized as a result of differences in	119957
location or grade of exchanged petroleum products or from	119958
handling, lubricity, dye, or other additive injections fees,	119959
pipeline security fees, or similar fees. As used in this division,	119960
"motor fuel," "licensed motor fuel dealer," "licensed permissive	119961
motor fuel dealer," and "terminal" have the same meanings as in	119962
section 5735.01 of the Revised Code.	119963

(ii) In the case of amounts collected by a licensed casino	119964
operator from casino gaming, amounts in excess of the casino	119965
operator's gross casino revenue. In this division, "casino	119966
operator" and "casino gaming" have the meanings defined in section	119967
3772.01 of the Revised Code, and "gross casino revenue" has the	119968
meaning defined in section 5753.01 of the Revised Code.	119969

(jj) Receipts realized from the sale of agricultural	119970
commodities by an agricultural commodity handler, both as defined	119971
in section 926.01 of the Revised Code, that is licensed by the	119972
director of agriculture to handle agricultural commodities in this	119973
state.	119974

(kk) Any receipts for which the tax imposed by this chapter	119975
is prohibited by the constitution or laws of the United States or	119976
the constitution of this state.	119977

(3) In the case of a taxpayer when acting as a real estate	119978
broker, "gross receipts" includes only the portion of any fee for	119979
the service of a real estate broker, or service of a real estate	119980
salesperson associated with that broker, that is retained by the	119981
broker and not paid to an associated real estate salesperson or	119982
another real estate broker. For the purposes of this division,	119983
"real estate broker" and "real estate salesperson" have the same	119984
meanings as in section 4735.01 of the Revised Code.	119985

(4) A taxpayer's method of accounting for gross receipts for	119986
a tax period shall be the same as the taxpayer's method of	119987
accounting for federal income tax purposes for the taxpayer's	119988
federal taxable year that includes the tax period. If a taxpayer's	119989
method of accounting for federal income tax purposes changes, its	119990
method of accounting for gross receipts under this chapter shall	119991
be changed accordingly.	119992

(G) "Taxable gross receipts" means gross receipts sitused to	119993
this state under section 5751.033 of the Revised Code.	119994

(H) A person has "substantial nexus with this state" if any	119995
of the following applies. The person:	119996

(1) Owns or uses a part or all of its capital in this state;

119997

(2) Holds a certificate of compliance with the laws of this	119998
state authorizing the person to do business in this state;	119999

(3) Has bright-line presence in this state;

120000

(4) Otherwise has nexus with this state to an extent that the	120001
person can be required to remit the tax imposed under this chapter	120002
under the Constitution of the United States.	120003

(I) A person has "bright-line presence" in this state for a	120004
reporting period and for the remaining portion of the calendar	120005
year if any of the following applies. The person:	120006

(1) Has at any time during the calendar year property in this	120007
state with an aggregate value of at least fifty thousand dollars.	120008
For the purpose of division (I)(1) of this section, owned property	120009
is valued at original cost and rented property is valued at eight	120010
times the net annual rental charge.	120011

(2) Has during the calendar year payroll in this state of at	120012
least fifty thousand dollars. Payroll in this state includes all	120013
of the following:	120014

(a) Any amount subject to withholding by the person under	120015
section 5747.06 of the Revised Code;	120016

(b) Any other amount the person pays as compensation to an	120017
individual under the supervision or control of the person for work	120018
done in this state; and	120019

(c) Any amount the person pays for services performed in this	120020
state on its behalf by another.	120021

(3) Has during the calendar year taxable gross receipts of at	120022
least five hundred thousand dollars.	120023

(4) Has at any time during the calendar year within this	120024
state at least twenty-five per cent of the person's total	120025
property, total payroll, or total gross receipts.	120026

(5) Is domiciled in this state as an individual or for	120027
corporate, commercial, or other business purposes.	120028

(J) "Tangible personal property" has the same meaning as in	120029
section 5739.01 of the Revised Code.	120030

(K) "Internal Revenue Code" means the Internal Revenue Code	120031
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	120032
this chapter that is not otherwise defined has the same meaning as	120033
when used in a comparable context in the laws of the United States	120034
relating to federal income taxes unless a different meaning is	120035
clearly required. Any reference in this chapter to the Internal	120036
Revenue Code includes other laws of the United States relating to	120037
federal income taxes.	120038

(L) "Calendar quarter" means a three-month period ending on	120039
the thirty-first day of March, the thirtieth day of June, the	120040
thirtieth day of September, or the thirty-first day of December.	120041

(M) "Tax period" means the calendar quarter or calendar year	120042
on the basis of which a taxpayer is required to pay the tax	120043
imposed under this chapter.	120044

(N) "Calendar year taxpayer" means a taxpayer for which the	120045
tax period is a calendar year.	120046

(O) "Calendar quarter taxpayer" means a taxpayer for which	120047
the tax period is a calendar quarter.	120048

(P) "Agent" means a person authorized by another person to	120049
act on its behalf to undertake a transaction for the other,	120050
including any of the following:	120051

(1) A person receiving a fee to sell financial instruments;

120052

(2) A person retaining only a commission from a transaction	120053
with the other proceeds from the transaction being remitted to	120054
another person;	120055

(3) A person issuing licenses and permits under section	120056
1533.13 of the Revised Code;	120057

(4) A lottery sales agent holding a valid license issued	120058
under section 3770.05 of the Revised Code;	120059

(5) A person acting as an agent of the division of liquor	120060
control under section 4301.17 of the Revised Code.	120061

(Q) "Received" includes amounts accrued under the accrual	120062
method of accounting.	120063

(R) "Reporting person" means a person in a consolidated	120064
elected taxpayer or combined taxpayer group that is designated by	120065
that group to legally bind the group for all filings and tax	120066
liabilities and to receive all legal notices with respect to	120067
matters under this chapter, or, for the purposes of section	120068
5751.04 of the Revised Code, a separate taxpayer that is not a	120069
member of such a group.	120070

Sec. 5751.014. All members of a consolidated elected	120071
taxpayer or combined taxpayer group during the tax period or	120072
periods for which additional tax, penalty, or interest is owed are	120073
jointly and severally liable for such amounts. Although the	120074
reporting person will be assessed for the liability, such amounts	120075
due may be collected by assessment against any member of the group	120076
as provided in section 5703.90 of the Revised Code or pursued	120077
against any member of the group when a liability is certified to	120078
the attorney general under section 131.02 of the Revised Code.	120079

Sec. 5751.07. (A) Any person required to file returns ~~for a~~	120080
~~calendar quarter~~under this chapter shall remit each tax payment,	120081
and, if required by the tax commissioner, file the tax return or	120082
the annual report, electronically. The commissioner may require	120083
taxpayers to use the Ohio business gateway as defined in section	120084
718.051 of the Revised Code to file returns and remit the tax, or	120085
may provide another means for taxpayers to file and remit the tax	120086
electronically.	120087

(B) A person required by this section to remit taxes or file	120088
returns electronically may apply to the tax commissioner, on the	120089
form prescribed by the commissioner, to be excused from that	120090
requirement. The commissioner may excuse a person from the	120091
requirements of this division for good cause.	120092

(C)(1) If a person required to remit taxes or file a return	120093
electronically under this section fails to do so, the commissioner	120094
may impose a penalty not to exceed the following:	120095

(a) For either of the first two ~~calendar quarters~~tax periods	120096
the person so fails, the greater of twenty-five dollars or five	120097
per cent of the amount of the payment that was required to be	120098
remitted;	120099

(b) For the third and any subsequent ~~calendar quarters~~tax	120100
periods the person so fails, the greater of fifty dollars or ten	120101
per cent of the amount of the payment that was required to be	120102
remitted.	120103

(2) The penalty imposed under division (C)(1) of this section	120104
is in addition to any other penalty imposed under this chapter and	120105
shall be considered as revenue arising from the tax imposed under	120106
this chapter. A penalty may be collected by assessment in the	120107
manner prescribed by section 5751.09 of the Revised Code. The tax	120108
commissioner may abate all or a portion of such a penalty.	120109

(D) The tax commissioner may adopt rules necessary to	120110
administer this section.	120111

Sec. 5751.081. As used in this section, "debt to this state"	120112
means unpaid taxes due the state, unpaid workers' compensation	120113
premiums due under section 4123.35 of the Revised Code, unpaid	120114
unemployment compensation contributions due under section 4141.25	120115
of the Revised Code, unpaid unemployment compensation payment in	120116
lieu of contribution under section 4141.241 of the Revised Code,	120117
unpaid fee payable to the state or to the clerk of courts pursuant	120118
to section 4505.06 of the Revised Code, incorrect ~~medical~~	120119
~~assistance~~ payments for medicaid services under ~~section 5111.02 of~~	120120
~~the Revised Code~~the medicaid program, or any unpaid charge,	120121
penalty, or interest arising from any of the foregoing.	120122

If a taxpayer entitled to a refund under section 5751.08 of	120123
the Revised Code owes any debt to this state, the amount	120124
refundable may be applied in satisfaction of the debt. If the	120125
amount refundable is less than the amount of the debt, it may be	120126
applied in partial satisfaction of the debt. If the amount	120127
refundable is greater than the amount of the debt, the amount	120128
remaining after satisfaction of the debt shall be refunded. This	120129
section applies only to debts that have become final. For the	120130
purposes of this section, a debt becomes final when, under the	120131
applicable law, any time provided for petition for reassessment,	120132
request for reconsideration, or other appeal of the legality or	120133
validity of the amount giving rise to the debt expires without an	120134
appeal having been filed in the manner provided by law.	120135

Sec. 5751.09. (A) The tax commissioner may make an	120136
assessment, based on any information in the commissioner's	120137
possession, against any person that fails to file a return or pay	120138
any tax as required by this chapter. The commissioner shall give	120139
the person assessed written notice of the assessment as provided	120140
in section 5703.37 of the Revised Code. With the notice, the	120141
commissioner shall provide instructions on the manner in which to	120142
petition for reassessment and request a hearing with respect to	120143
the petition. The commissioner shall send any assessments against	120144
consolidated elected taxpayer and combined taxpayer groups under	120145
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	120146
"reporting person" as defined under division (R) of section	120147
5751.01 of the Revised Code. The reporting person shall notify all	120148
members of the group of the assessment and all outstanding taxes,	120149
interest, and penalties for which the assessment is issued.	120150

(B) Unless the person assessed, within sixty days after	120151
service of the notice of assessment, files with the tax	120152
commissioner, either personally or by certified mail, a written	120153
petition signed by the person or the person's authorized agent	120154
having knowledge of the facts, the assessment becomes final, and	120155
the amount of the assessment is due and payable from the person	120156
assessed to the treasurer of state. The petition shall indicate	120157
the objections of the person assessed, but additional objections	120158
may be raised in writing if received by the commissioner prior to	120159
the date shown on the final determination.	120160

If a petition for reassessment has been properly filed, the	120161
commissioner shall proceed under section 5703.60 of the Revised	120162
Code.	120163

(C)(1) After an assessment becomes final, if any portion of	120164
the assessment, including accrued interest, remains unpaid, a	120165
certified copy of the tax commissioner's entry making the	120166
assessment final may be filed in the office of the clerk of the	120167
court of common pleas in the county in which the person resides or	120168
has its principal place of business in this state, or in the	120169
office of the clerk of court of common pleas of Franklin county.	120170

(2) Immediately upon the filing of the entry, the clerk shall	120171
enter judgment for the state against the person assessed in the	120172
amount shown on the entry. The judgment may be filed by the clerk	120173
in a loose-leaf book entitled, "special judgments for the	120174
commercial activity tax" and shall have the same effect as other	120175
judgments. Execution shall issue upon the judgment at the request	120176
of the tax commissioner, and all laws applicable to sales on	120177
execution shall apply to sales made under the judgment.	120178

(3) ~~The portion of~~If the assessment is not paid in its	120179
entirety within sixty days after the day the assessment was	120180
issued, the portion of the assessment consisting of tax due shall	120181
bear interest at the rate per annum prescribed by section 5703.47	120182
of the Revised Code from the day the tax commissioner issues the	120183
assessment until it is paid or until it is certified to the	120184
attorney general for collection under section 131.02 of the	120185
Revised Code, whichever comes first. If the unpaid portion of the	120186
assessment is certified to the attorney general for collection,	120187
the entire unpaid portion of the assessment shall bear interest at	120188
the rate per annum prescribed by section 5703.47 of the Revised	120189
Code from the date of certification until the date it is paid in	120190
its entirety. Interest shall be paid in the same manner as the tax	120191
and may be collected by the issuance of an assessment under this	120192
section.	120193

(D) If the tax commissioner believes that collection of the	120194
tax will be jeopardized unless proceedings to collect or secure	120195
collection of the tax are instituted without delay, the	120196
commissioner may issue a jeopardy assessment against the person	120197
liable for the tax. Immediately upon the issuance of the jeopardy	120198
assessment, the commissioner shall file an entry with the clerk of	120199
the court of common pleas in the manner prescribed by division (C)	120200
of this section. Notice of the jeopardy assessment shall be served	120201
on the person assessed or the person's authorized agent in the	120202
manner provided in section 5703.37 of the Revised Code within five	120203
days of the filing of the entry with the clerk. The total amount	120204
assessed is immediately due and payable, unless the person	120205
assessed files a petition for reassessment in accordance with	120206
division (B) of this section and provides security in a form	120207
satisfactory to the commissioner and in an amount sufficient to	120208
satisfy the unpaid balance of the assessment. Full or partial	120209
payment of the assessment does not prejudice the commissioner's	120210
consideration of the petition for reassessment.	120211

(E) The tax commissioner shall immediately forward to the	120212
treasurer of state all amounts the commissioner receives under	120213
this section, and such amounts shall be considered as revenue	120214
arising from the tax imposed under this chapter.	120215

(F) Except as otherwise provided in this division, no	120216
assessment shall be made or issued against a taxpayer for the tax	120217
imposed under this chapter more than four years after the due date	120218
for the filing of the return for the tax period for which the tax	120219
was reported, or more than four years after the return for the tax	120220
period was filed, whichever is later. The time limit may be	120221
extended if both the taxpayer and the commissioner consent in	120222
writing to the extension or enter into an agreement waiving or	120223
extending the time limit. Any such extension shall extend the	120224
four-year time limit in division (B) of section 5751.08 of the	120225
Revised Code for the same period of time. Nothing in this division	120226
bars an assessment against a taxpayer that fails to file a return	120227
required by this chapter or that files a fraudulent return.	120228

(G) If the tax commissioner possesses information that	120229
indicates that the amount of tax a taxpayer is required to pay	120230
under this chapter exceeds the amount the taxpayer paid, the tax	120231
commissioner may audit a sample of the taxpayer's gross receipts	120232
over a representative period of time to ascertain the amount of	120233
tax due, and may issue an assessment based on the audit. The tax	120234
commissioner shall make a good faith effort to reach agreement	120235
with the taxpayer in selecting a representative sample. The tax	120236
commissioner may apply a sampling method only if the commissioner	120237
has prescribed the method by rule.	120238

(H) If the whereabouts of a person subject to this chapter is	120239
not known to the tax commissioner, the commissioner shall follow	120240
the procedures under section 5703.37 of the Revised Code.	120241

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	120242
the Revised Code:	120243

(1) "School district," "joint vocational school district,"	120244
"local taxing unit," "recognized valuation," "fixed-rate levy,"	120245
and "fixed-sum levy" have the same meanings as used in section	120246
5727.84 of the Revised Code.	120247

(2) "State education aid" for a school district means the	120248
following:	120249

(a) For fiscal years prior to fiscal year 2010, the sum of	120250
state aid amounts computed for the district under the following	120251
provisions, as they existed for the applicable fiscal year:	120252
division (A) of section 3317.022 of the Revised Code, including	120253
the amounts calculated under ~~sections~~former section 3317.029 and	120254
section 3317.0217 of the Revised Code; divisions (C)(1), (C)(4),	120255
(D), (E), and (F) of section 3317.022; divisions (B), (C), and (D)	120256
of section 3317.023; divisions (L) and (N) of section 3317.024;	120257
section 3317.0216; and any unit payments for gifted student	120258
services paid under ~~sections~~section 3317.05,and former sections	120259
3317.052, and 3317.053 of the Revised Code; except that, for	120260
fiscal years 2008 and 2009, the amount computed for the district	120261
under Section 269.20.80 of H.B. 119 of the 127th general assembly	120262
and as that section subsequently may be amended shall be	120263
substituted for the amount computed under division (D) of section	120264
3317.022 of the Revised Code, and the amount computed under	120265
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	120266
that section subsequently may be amended shall be included.	120267

(b) For fiscal years 2010 and 2011, the sum of the amounts	120268
computed under former sections 3306.052, 3306.12, 3306.13,	120269
3306.19, 3306.191, and 3306.192 of the Revised Code;	120270

(c) For fiscal years 2012 and 2013, the sum of the amounts	120271
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	120272
153 of the 129th general assembly;	120273

(d) For fiscal year 2014 and each fiscal year thereafter, the	120274
sum of state amounts computed for the district under section	120275
3317.022 of the Revised Code; except that, for fiscal years 2014	120276
and 2015, the amount computed for the district under the section	120277
of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND	120278
EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included.	120279

(3) "State education aid" for a joint vocational school	120280
district means the following:	120281

(a) For fiscal years prior to fiscal year 2010, the sum of	120282
the state aid computed for the district under division (N) of	120283
section 3317.024 and former section 3317.16 of the Revised Code,	120284
except that, for fiscal years 2008 and 2009, the amount computed	120285
under Section 269.30.80 of H.B. 119 of the 127th general assembly	120286
and as that section subsequently may be amended shall be included.	120287

(b) For fiscal years 2010 and 2011, the amount paid in	120288
accordance with Section 265.30.50 of H.B. 1 of the 128th general	120289
assembly.	120290

(c) For fiscal years 2012 and 2013, the amount paid in	120291
accordance with Section 267.30.60 of H.B. 153 of the 129th general	120292
assembly.	120293

(d) For fiscal year 2014 and each fiscal year thereafter, the	120294
amount computed for the district under section 3317.16 of the	120295
Revised Code; except that, for fiscal years 2014 and 2015, the	120296
amount computed for the district under the section of this act	120297
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	120298
shall be included.	120299

(4) "State education aid offset" means the amount determined	120300
for each school district or joint vocational school district under	120301
division (A)(1) of section 5751.21 of the Revised Code.	120302

(5) "Machinery and equipment property tax value loss" means	120303
the amount determined under division (C)(1) of this section.	120304

(6) "Inventory property tax value loss" means the amount	120305
determined under division (C)(2) of this section.	120306

(7) "Furniture and fixtures property tax value loss" means	120307
the amount determined under division (C)(3) of this section.	120308

(8) "Machinery and equipment fixed-rate levy loss" means the	120309
amount determined under division (D)(1) of this section.	120310

(9) "Inventory fixed-rate levy loss" means the amount	120311
determined under division (D)(2) of this section.	120312

(10) "Furniture and fixtures fixed-rate levy loss" means the	120313
amount determined under division (D)(3) of this section.	120314

(11) "Total fixed-rate levy loss" means the sum of the	120315
machinery and equipment fixed-rate levy loss, the inventory	120316
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	120317
loss, and the telephone company fixed-rate levy loss.	120318

(12) "Fixed-sum levy loss" means the amount determined under	120319
division (E) of this section.	120320

(13) "Machinery and equipment" means personal property	120321
subject to the assessment rate specified in division (F) of	120322
section 5711.22 of the Revised Code.	120323

(14) "Inventory" means personal property subject to the	120324
assessment rate specified in division (E) of section 5711.22 of	120325
the Revised Code.	120326

(15) "Furniture and fixtures" means personal property subject	120327
to the assessment rate specified in division (G) of section	120328
5711.22 of the Revised Code.	120329

(16) "Qualifying levies" are levies in effect for tax year	120330
2004 or applicable to tax year 2005 or approved at an election	120331
conducted before September 1, 2005. For the purpose of determining	120332
the rate of a qualifying levy authorized by section 5705.212 or	120333
5705.213 of the Revised Code, the rate shall be the rate that	120334
would be in effect for tax year 2010.	120335

(17) "Telephone property" means tangible personal property of	120336
a telephone, telegraph, or interexchange telecommunications	120337
company subject to an assessment rate specified in section	120338
5727.111 of the Revised Code in tax year 2004.	120339

(18) "Telephone property tax value loss" means the amount	120340
determined under division (C)(4) of this section.	120341

(19) "Telephone property fixed-rate levy loss" means the	120342
amount determined under division (D)(4) of this section.	120343

(20) "Taxes charged and payable" means taxes charged and	120344
payable after the reduction required by section 319.301 of the	120345
Revised Code but before the reductions required by sections	120346
319.302 and 323.152 of the Revised Code.	120347

(21) "Median estate tax collections" means, in the case of a	120348
municipal corporation to which revenue from the taxes levied in	120349
Chapter 5731. of the Revised Code was distributed in each of	120350
calendar years 2006, 2007, 2008, and 2009, the median of those	120351
distributions. In the case of a municipal corporation to which no	120352
distributions were made in one or more of those years, "median	120353
estate tax collections" means zero.	120354

(22) "Total resources," in the case of a school district,	120355
means the sum of the amounts in divisions (A)(22)(a) to (h) of	120356
this section less any reduction required under division (A)(32) or	120357
(33) of this section.	120358

(a) The state education aid for fiscal year 2010;

120359

(b) The sum of the payments received by the school district	120360
in fiscal year 2010 for current expense levy losses pursuant to	120361
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	120362
section 5751.21 of the Revised Code, excluding the portion of such	120363
payments attributable to levies for joint vocational school	120364
district purposes;	120365

(c) The sum of fixed-sum levy loss payments received by the	120366
school district in fiscal year 2010 pursuant to division (E)(1) of	120367
section 5727.85 and division (E)(1) of section 5751.21 of the	120368
Revised Code for fixed-sum levies charged and payable for a	120369
purpose other than paying debt charges;	120370

(d) Fifty per cent of the school district's taxes charged and	120371
payable against all property on the tax list of real and public	120372
utility property for current expense purposes for tax year 2008,	120373
including taxes charged and payable from emergency levies charged	120374
and payable under section 5709.194 of the Revised Code and	120375
excluding taxes levied for joint vocational school district	120376
purposes;	120377

(e) Fifty per cent of the school district's taxes charged and	120378
payable against all property on the tax list of real and public	120379
utility property for current expenses for tax year 2009, including	120380
taxes charged and payable from emergency levies and excluding	120381
taxes levied for joint vocational school district purposes;	120382

(f) The school district's taxes charged and payable against	120383
all property on the general tax list of personal property for	120384
current expenses for tax year 2009, including taxes charged and	120385
payable from emergency levies;	120386

(g) The amount certified for fiscal year 2010 under division	120387
(A)(2) of section 3317.08 of the Revised Code;	120388

(h) Distributions received during calendar year 2009 from	120389
taxes levied under section 718.09 of the Revised Code.	120390

(23) "Total resources," in the case of a joint vocational	120391
school district, means the sum of amounts in divisions (A)(23)(a)	120392
to (g) of this section less any reduction required under division	120393
(A)(32) of this section.	120394

(a) The state education aid for fiscal year 2010;

120395

(b) The sum of the payments received by the joint vocational	120396
school district in fiscal year 2010 for current expense levy	120397
losses pursuant to division (C)(2) of section 5727.85 and	120398
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	120399

(c) Fifty per cent of the joint vocational school district's	120400
taxes charged and payable against all property on the tax list of	120401
real and public utility property for current expense purposes for	120402
tax year 2008;	120403

(d) Fifty per cent of the joint vocational school district's	120404
taxes charged and payable against all property on the tax list of	120405
real and public utility property for current expenses for tax year	120406
2009;	120407

(e) Fifty per cent of a city, local, or exempted village	120408
school district's taxes charged and payable against all property	120409
on the tax list of real and public utility property for current	120410
expenses of the joint vocational school district for tax year	120411
2008;	120412

(f) Fifty per cent of a city, local, or exempted village	120413
school district's taxes charged and payable against all property	120414
on the tax list of real and public utility property for current	120415
expenses of the joint vocational school district for tax year	120416
2009;	120417

(g) The joint vocational school district's taxes charged and	120418
payable against all property on the general tax list of personal	120419
property for current expenses for tax year 2009.	120420

(24) "Total resources," in the case of county mental health	120421
and disability related functions, means the sum of the amounts in	120422
divisions (A)(24)(a) and (b) of this section less any reduction	120423
required under division (A)(32) of this section.	120424

(a) The sum of the payments received by the county for mental	120425
health and developmental disability related functions in calendar	120426
year 2010 under division (A)(1) of section 5727.86 and divisions	120427
(A)(1) and (2) of section 5751.22 of the Revised Code as they	120428
existed at that time;	120429

(b) With respect to taxes levied by the county for mental	120430
health and developmental disability related purposes, the taxes	120431
charged and payable for such purposes against all property on the	120432
tax list of real and public utility property for tax year 2009.	120433

(25) "Total resources," in the case of county senior services	120434
related functions, means the sum of the amounts in divisions	120435
(A)(25)(a) and (b) of this section less any reduction required	120436
under division (A)(32) of this section.	120437

(a) The sum of the payments received by the county for senior	120438
services related functions in calendar year 2010 under division	120439
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	120440
5751.22 of the Revised Code as they existed at that time;	120441

(b) With respect to taxes levied by the county for senior	120442
services related purposes, the taxes charged and payable for such	120443
purposes against all property on the tax list of real and public	120444
utility property for tax year 2009.	120445

(26) "Total resources," in the case of county children's	120446
services related functions, means the sum of the amounts in	120447
divisions (A)(26)(a) and (b) of this section less any reduction	120448
required under division (A)(32) of this section.	120449

(a) The sum of the payments received by the county for	120450
children's services related functions in calendar year 2010 under	120451
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	120452
section 5751.22 of the Revised Code as they existed at that time;	120453

(b) With respect to taxes levied by the county for children's	120454
services related purposes, the taxes charged and payable for such	120455
purposes against all property on the tax list of real and public	120456
utility property for tax year 2009.	120457

(27) "Total resources," in the case of county public health	120458
related functions, means the sum of the amounts in divisions	120459
(A)(27)(a) and (b) of this section less any reduction required	120460
under division (A)(32) of this section.	120461

(a) The sum of the payments received by the county for public	120462
health related functions in calendar year 2010 under division	120463
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	120464
5751.22 of the Revised Code as they existed at that time;	120465

(b) With respect to taxes levied by the county for public	120466
health related purposes, the taxes charged and payable for such	120467
purposes against all property on the tax list of real and public	120468
utility property for tax year 2009.	120469

(28) "Total resources," in the case of all county functions	120470
not included in divisions (A)(24) to (27) of this section, means	120471
the sum of the amounts in divisions (A)(28)(a) to (d) of this	120472
section less any reduction required under division (A)(32) or (33)	120473
of this section.	120474

(a) The sum of the payments received by the county for all	120475
other purposes in calendar year 2010 under division (A)(1) of	120476
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	120477
the Revised Code as they existed at that time;	120478

(b) The county's percentage share of county undivided local	120479
government fund allocations as certified to the tax commissioner	120480
for calendar year 2010 by the county auditor under division (J) of	120481
section 5747.51 of the Revised Code or division (F) of section	120482
5747.53 of the Revised Code multiplied by the total amount	120483
actually distributed in calendar year 2010 from the county	120484
undivided local government fund;	120485

(c) With respect to taxes levied by the county for all other	120486
purposes, the taxes charged and payable for such purposes against	120487
all property on the tax list of real and public utility property	120488
for tax year 2009, excluding taxes charged and payable for the	120489
purpose of paying debt charges;	120490

(d) The sum of the amounts distributed to the county in	120491
calendar year 2010 for the taxes levied pursuant to sections	120492
5739.021 and 5741.021 of the Revised Code.	120493

(29) "Total resources," in the case of a municipal	120494
corporation, means the sum of the amounts in divisions (A)(29)(a)	120495
to (g) of this section less any reduction required under division	120496
(A)(32) or (33) of this section.	120497

(a) The sum of the payments received by the municipal	120498
corporation in calendar year 2010 for current expense levy losses	120499
under division (A)(1) of section 5727.86 and divisions (A)(1) and	120500
(2) of section 5751.22 of the Revised Code as they existed at that	120501
time;	120502

(b) The municipal corporation's percentage share of county	120503
undivided local government fund allocations as certified to the	120504
tax commissioner for calendar year 2010 by the county auditor	120505
under division (J) of section 5747.51 of the Revised Code or	120506
division (F) of section 5747.53 of the Revised Code multiplied by	120507
the total amount actually distributed in calendar year 2010 from	120508
the county undivided local government fund;	120509

(c) The sum of the amounts distributed to the municipal	120510
corporation in calendar year 2010 pursuant to section 5747.50 of	120511
the Revised Code;	120512

(d) With respect to taxes levied by the municipal	120513
corporation, the taxes charged and payable against all property on	120514
the tax list of real and public utility property for current	120515
expenses, defined in division (A)(35) of this section, for tax	120516
year 2009;	120517

(e) The amount of admissions tax collected by the municipal	120518
corporation in calendar year 2008, or if such information has not	120519
yet been reported to the tax commissioner, in the most recent year	120520
before 2008 for which the municipal corporation has reported data	120521
to the commissioner;	120522

(f) The amount of income taxes collected by the municipal	120523
corporation in calendar year 2008, or if such information has not	120524
yet been reported to the tax commissioner, in the most recent year	120525
before 2008 for which the municipal corporation has reported data	120526
to the commissioner;	120527

(g) The municipal corporation's median estate tax	120528
collections.	120529

(30) "Total resources," in the case of a township, means the	120530
sum of the amounts in divisions (A)(30)(a) to (c) of this section	120531
less any reduction required under division (A)(32) or (33) of this	120532
section.	120533

(a) The sum of the payments received by the township in	120534
calendar year 2010 pursuant to division (A)(1) of section 5727.86	120535
of the Revised Code and divisions (A)(1) and (2) of section	120536
5751.22 of the Revised Code as they existed at that time,	120537
excluding payments received for debt purposes;	120538

(b) The township's percentage share of county undivided local	120539
government fund allocations as certified to the tax commissioner	120540
for calendar year 2010 by the county auditor under division (J) of	120541
section 5747.51 of the Revised Code or division (F) of section	120542
5747.53 of the Revised Code multiplied by the total amount	120543
actually distributed in calendar year 2010 from the county	120544
undivided local government fund;	120545

(c) With respect to taxes levied by the township, the taxes	120546
charged and payable against all property on the tax list of real	120547
and public utility property for tax year 2009 excluding taxes	120548
charged and payable for the purpose of paying debt charges.	120549

(31) "Total resources," in the case of a local taxing unit	120550
that is not a county, municipal corporation, or township, means	120551
the sum of the amounts in divisions (A)(31)(a) to (e) of this	120552
section less any reduction required under division (A)(32) of this	120553
section.	120554

(a) The sum of the payments received by the local taxing unit	120555
in calendar year 2010 pursuant to division (A)(1) of section	120556
5727.86 of the Revised Code and divisions (A)(1) and (2) of	120557
section 5751.22 of the Revised Code as they existed at that time;	120558

(b) The local taxing unit's percentage share of county	120559
undivided local government fund allocations as certified to the	120560
tax commissioner for calendar year 2010 by the county auditor	120561
under division (J) of section 5747.51 of the Revised Code or	120562
division (F) of section 5747.53 of the Revised Code multiplied by	120563
the total amount actually distributed in calendar year 2010 from	120564
the county undivided local government fund;	120565

(c) With respect to taxes levied by the local taxing unit,	120566
the taxes charged and payable against all property on the tax list	120567
of real and public utility property for tax year 2009 excluding	120568
taxes charged and payable for the purpose of paying debt charges;	120569

(d) The amount received from the tax commissioner during	120570
calendar year 2010 for sales or use taxes authorized under	120571
sections 5739.023 and 5741.022 of the Revised Code;	120572

(e) For institutions of higher education receiving tax	120573
revenue from a local levy, as identified in section 3358.02 of the	120574
Revised Code, the final state share of instruction allocation for	120575
fiscal year 2010 as calculated by the board of regents and	120576
reported to the state controlling board.	120577

(32) If a fixed-rate levy that is a qualifying levy is not	120578
charged and payable in any year after tax year 2010, "total	120579
resources" used to compute payments to be made under division	120580
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	120581
5751.22 of the Revised Code in the tax years following the last	120582
year the levy is charged and payable shall be reduced to the	120583
extent that the payments are attributable to the fixed-rate levy	120584
loss of that levy as would be computed under division (C)(2) of	120585
section 5727.85, division (A)(1) of section 5727.85, divisions	120586
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	120587
5751.22 of the Revised Code.	120588

(33) In the case of a county, municipal corporation, school	120589
district, or township with fixed-rate levy losses attributable to	120590
a tax levied under section 5705.23 of the Revised Code, "total	120591
resources" used to compute payments to be made under division	120592
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	120593
division (C)(12) of section 5751.21, or division (A)(1)(c) of	120594
section 5751.22 of the Revised Code shall be reduced by the	120595
amounts described in divisions (A)(34)(a) to (c) of this section	120596
to the extent that those amounts were included in calculating the	120597
"total resources" of the school district or local taxing unit	120598
under division (A)(22), (28), (29), or (30) of this section.	120599

(34) "Total library resources," in the case of a county,	120600
municipal corporation, school district, or township public library	120601
that receives the proceeds of a tax levied under section 5705.23	120602
of the Revised Code, means the sum of the amounts in divisions	120603
(A)(34)(a) to (c) of this section less any reduction required	120604
under division (A)(32) of this section.	120605

(a) The sum of the payments received by the county, municipal	120606
corporation, school district, or township public library in	120607
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	120608
Revised Code, as they existed at that time, for fixed-rate levy	120609
losses attributable to a tax levied under section 5705.23 of the	120610
Revised Code for the benefit of the public library;	120611

(b) The public library's percentage share of county undivided	120612
local government fund allocations as certified to the tax	120613
commissioner for calendar year 2010 by the county auditor under	120614
division (J) of section 5747.51 of the Revised Code or division	120615
(F) of section 5747.53 of the Revised Code multiplied by the total	120616
amount actually distributed in calendar year 2010 from the county	120617
undivided local government fund;	120618

(c) With respect to a tax levied pursuant to section 5705.23	120619
of the Revised Code for the benefit of the public library, the	120620
amount of such tax that is charged and payable against all	120621
property on the tax list of real and public utility property for	120622
tax year 2009 excluding any tax that is charged and payable for	120623
the purpose of paying debt charges.	120624

(35) "Municipal current expense property tax levies" means	120625
all property tax levies of a municipality, except those with the	120626
following levy names: airport resurfacing; bond or any levy name	120627
including the word "bond"; capital improvement or any levy name	120628
including the word "capital"; debt or any levy name including the	120629
word "debt"; equipment or any levy name including the word	120630
"equipment," unless the levy is for combined operating and	120631
equipment; employee termination fund; fire pension or any levy	120632
containing the word "pension," including police pensions;	120633
fireman's fund or any practically similar name; sinking fund; road	120634
improvements or any levy containing the word "road"; fire truck or	120635
apparatus; flood or any levy containing the word "flood";	120636
conservancy district; county health; note retirement; sewage, or	120637
any levy containing the words "sewage" or "sewer"; park	120638
improvement; parkland acquisition; storm drain; street or any levy	120639
name containing the word "street"; lighting, or any levy name	120640
containing the word "lighting"; and water.	120641

(36) "Current expense TPP allocation" means, in the case of a	120642
school district or joint vocational school district, the sum of	120643
the payments received by the school district in fiscal year 2011	120644
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	120645
Revised Code to the extent paid for current expense levies. In the	120646
case of a municipal corporation, "current expense TPP allocation"	120647
means the sum of the payments received by the municipal	120648
corporation in calendar year 2010 pursuant to divisions (A)(1) and	120649
(2) of section 5751.22 of the Revised Code to the extent paid for	120650
municipal current expense property tax levies as defined in	120651
division (A)(35) of this section, excluding any such payments	120652
received for current expense levy losses attributable to a tax	120653
levied under section 5705.23 of the Revised Code. If a fixed-rate	120654
levy that is a qualifying levy is not charged and payable in any	120655
year after tax year 2010, "current expense TPP allocation" used to	120656
compute payments to be made under division (C)(12) of section	120657
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	120658
Revised Code in the tax years following the last year the levy is	120659
charged and payable shall be reduced to the extent that the	120660
payments are attributable to the fixed-rate levy loss of that levy	120661
as would be computed under divisions (C)(10) and (11) of section	120662
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	120663

(37) "TPP allocation" means the sum of payments received by a	120664
local taxing unit in calendar year 2010 pursuant to divisions	120665
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	120666
any such payments received for fixed-rate levy losses attributable	120667
to a tax levied under section 5705.23 of the Revised Code. If a	120668
fixed-rate levy that is a qualifying levy is not charged and	120669
payable in any year after tax year 2010, "TPP allocation" used to	120670
compute payments to be made under division (A)(1)(b) or (c) of	120671
section 5751.22 of the Revised Code in the tax years following the	120672
last year the levy is charged and payable shall be reduced to the	120673
extent that the payments are attributable to the fixed-rate levy	120674
loss of that levy as would be computed under division (A)(1) of	120675
that section.	120676

(38) "Total TPP allocation" means, in the case of a school	120677
district or joint vocational school district, the sum of the	120678
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	120679
and (11) and (D) of section 5751.21 of the Revised Code. In the	120680
case of a local taxing unit, "total TPP allocation" means the sum	120681
of payments received by the unit in calendar year 2010 pursuant to	120682
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	120683
Code. If a fixed-rate levy that is a qualifying levy is not	120684
charged and payable in any year after tax year 2010, "total TPP	120685
allocation" used to compute payments to be made under division	120686
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	120687
5751.22 of the Revised Code in the tax years following the last	120688
year the levy is charged and payable shall be reduced to the	120689
extent that the payments are attributable to the fixed-rate levy	120690
loss of that levy as would be computed under divisions (C)(10) and	120691
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	120692
the Revised Code.	120693

(39) "Non-current expense TPP allocation" means the	120694
difference of total TPP allocation minus the sum of current	120695
expense TPP allocation and the portion of total TPP allocation	120696
constituting reimbursement for debt levies, pursuant to division	120697
(D) of section 5751.21 of the Revised Code in the case of a school	120698
district or joint vocational school district and pursuant to	120699
division (A)(3) of section 5751.22 of the Revised Code in the case	120700
of a municipal corporation.	120701

(40) "TPP allocation for library purposes" means the sum of	120702
payments received by a county, municipal corporation, school	120703
district, or township public library in calendar year 2010	120704
pursuant to section 5751.22 of the Revised Code for fixed-rate	120705
levy losses attributable to a tax levied under section 5705.23 of	120706
the Revised Code. If a fixed-rate levy authorized under section	120707
5705.23 of the Revised Code that is a qualifying levy is not	120708
charged and payable in any year after tax year 2010, "TPP	120709
allocation for library purposes" used to compute payments to be	120710
made under division (A)(1)(d) of section 5751.22 of the Revised	120711
Code in the tax years following the last year the levy is charged	120712
and payable shall be reduced to the extent that the payments are	120713
attributable to the fixed-rate levy loss of that levy as would be	120714
computed under division (A)(1) of section 5751.22 of the Revised	120715
Code.	120716

(41) "Threshold per cent" means, in the case of a school	120717
district or joint vocational school district, two per cent for	120718
fiscal year 2012 and four per cent for fiscal years 2013 and	120719
thereafter. In the case of a local taxing unit or public library	120720
that receives the proceeds of a tax levied under section 5705.23	120721
of the Revised Code, "threshold per cent" means two per cent for	120722
tax year 2011, four per cent for tax year 2012, and six per cent	120723
for tax years 2013 and thereafter.	120724

(B)(1) The commercial activities tax receipts fund is hereby	120725
created in the state treasury and shall consist of money arising	120726
from the tax imposed under this chapter. Eighty-five	120727
one-hundredths of one per cent of the money credited to that fund	120728
shall be credited to the revenue enhancement fund and shall be	120729
used to defray the costs incurred by the department of taxation in	120730
administering the tax imposed by this chapter and in implementing	120731
tax reform measures. The remainder of the money in the commercial	120732
activities tax receipts fund shall first be credited to the	120733
commercial activity tax motor fuel receipts fund, pursuant to	120734
division (B)(2) of this section, and the remainder shall be	120735
credited in the following percentages each fiscal year to the	120736
general revenue fund, to the school district tangible property tax	120737
replacement fund, which is hereby created in the state treasury	120738
for the purpose of making the payments described in section	120739
5751.21 of the Revised Code, and to the local government tangible	120740
property tax replacement fund, which is hereby created in the	120741
state treasury for the purpose of making the payments described in	120742
section 5751.22 of the Revised Code, in the following percentages:	120743

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	120744
2006	67.7%	22.6%	9.7%	120745
2007	0%	70.0%	30.0%	120746
2008	0%	70.0%	30.0%	120747
2009	0%	70.0%	30.0%	120748
2010	0%	70.0%	30.0%	120749
2011	0%	70.0%	30.0%	120750
2012	25.0%	52.5%	22.5%	120751
2013 and thereafter	50.0%	35.0%	15.0%	120752

(2) Not later than the twentieth day of February, May,	120753
August, and November of each year, the commissioner shall provide	120754
for payment from the commercial activities tax receipts fund to	120755
the commercial activity tax motor fuel receipts fund an amount	120756
that bears the same ratio to the balance in the commercial	120757
activities tax receipts fund that (a) the taxable gross receipts	120758
attributed to motor fuel used for propelling vehicles on public	120759
highways as indicated by returns filed by the tenth day of that	120760
month for a liability that is due and payable on or after July 1,	120761
2013, bears to (b) all taxable gross receipts as indicated by	120762
those returns for such liabilities.	120763

(C) Not later than September 15, 2005, the tax commissioner	120764
shall determine for each school district, joint vocational school	120765
district, and local taxing unit its machinery and equipment,	120766
inventory property, furniture and fixtures property, and telephone	120767
property tax value losses, which are the applicable amounts	120768
described in divisions (C)(1), (2), (3), and (4) of this section,	120769
except as provided in division (C)(5) of this section:	120770

(1) Machinery and equipment property tax value loss is the	120771
taxable value of machinery and equipment property as reported by	120772
taxpayers for tax year 2004 multiplied by:	120773

(a) For tax year 2006, thirty-three and eight-tenths per	120774
cent;	120775

(b) For tax year 2007, sixty-one and three-tenths per cent;

120776

120777

(d) For tax year 2009 and thereafter, one hundred per cent.

120778

(2) Inventory property tax value loss is the taxable value of	120779
inventory property as reported by taxpayers for tax year 2004	120780
multiplied by:	120781

(a) For tax year 2006, a fraction, the numerator of which is	120782
five and three-fourths and the denominator of which is	120783
twenty-three;	120784

(b) For tax year 2007, a fraction, the numerator of which is	120785
nine and one-half and the denominator of which is twenty-three;	120786

(c) For tax year 2008, a fraction, the numerator of which is	120787
thirteen and one-fourth and the denominator of which is	120788
twenty-three;	120789

(d) For tax year 2009 and thereafter a fraction, the	120790
numerator of which is seventeen and the denominator of which is	120791
twenty-three.	120792

(3) Furniture and fixtures property tax value loss is the	120793
taxable value of furniture and fixture property as reported by	120794
taxpayers for tax year 2004 multiplied by:	120795

(a) For tax year 2006, twenty-five per cent;

120796

(b) For tax year 2007, fifty per cent;

120797

120798

(d) For tax year 2009 and thereafter, one hundred per cent.

120799

The taxable value of property reported by taxpayers used in	120800
divisions (C)(1), (2), and (3) of this section shall be such	120801
values as determined to be final by the tax commissioner as of	120802
August 31, 2005. Such determinations shall be final except for any	120803
correction of a clerical error that was made prior to August 31,	120804
2005, by the tax commissioner.	120805

(4) Telephone property tax value loss is the taxable value of	120806
telephone property as taxpayers would have reported that property	120807
for tax year 2004 if the assessment rate for all telephone	120808
property for that year were twenty-five per cent, multiplied by:	120809

(a) For tax year 2006, zero per cent;

120810

(b) For tax year 2007, zero per cent;

120811

120812

(d) For tax year 2009, sixty per cent;

120813

(e) For tax year 2010, eighty per cent;

120814

(f) For tax year 2011 and thereafter, one hundred per cent.

120815

(5) Division (C)(5) of this section applies to any school	120816
district, joint vocational school district, or local taxing unit	120817
in a county in which is located a facility currently or formerly	120818
devoted to the enrichment or commercialization of uranium or	120819
uranium products, and for which the total taxable value of	120820
property listed on the general tax list of personal property for	120821
any tax year from tax year 2001 to tax year 2004 was fifty per	120822
cent or less of the taxable value of such property listed on the	120823
general tax list of personal property for the next preceding tax	120824
year.	120825

In computing the fixed-rate levy losses under divisions	120826
(D)(1), (2), and (3) of this section for any school district,	120827
joint vocational school district, or local taxing unit to which	120828
division (C)(5) of this section applies, the taxable value of such	120829
property as listed on the general tax list of personal property	120830
for tax year 2000 shall be substituted for the taxable value of	120831
such property as reported by taxpayers for tax year 2004, in the	120832
taxing district containing the uranium facility, if the taxable	120833
value listed for tax year 2000 is greater than the taxable value	120834
reported by taxpayers for tax year 2004. For the purpose of making	120835
the computations under divisions (D)(1), (2), and (3) of this	120836
section, the tax year 2000 valuation is to be allocated to	120837
machinery and equipment, inventory, and furniture and fixtures	120838
property in the same proportions as the tax year 2004 values. For	120839
the purpose of the calculations in division (A) of section 5751.21	120840
of the Revised Code, the tax year 2004 taxable values shall be	120841
used.	120842

To facilitate the calculations required under division (C) of	120843
this section, the county auditor, upon request from the tax	120844
commissioner, shall provide by August 1, 2005, the values of	120845
machinery and equipment, inventory, and furniture and fixtures for	120846
all single-county personal property taxpayers for tax year 2004.	120847

(D) Not later than September 15, 2005, the tax commissioner	120848
shall determine for each tax year from 2006 through 2009 for each	120849
school district, joint vocational school district, and local	120850
taxing unit its machinery and equipment, inventory, and furniture	120851
and fixtures fixed-rate levy losses, and for each tax year from	120852
2006 through 2011 its telephone property fixed-rate levy loss.	120853
Except as provided in division (F) of this section, such losses	120854
are the applicable amounts described in divisions (D)(1), (2),	120855
(3), and (4) of this section:	120856

(1) The machinery and equipment fixed-rate levy loss is the	120857
machinery and equipment property tax value loss multiplied by the	120858
sum of the tax rates of fixed-rate qualifying levies.	120859

(2) The inventory fixed-rate loss is the inventory property	120860
tax value loss multiplied by the sum of the tax rates of	120861
fixed-rate qualifying levies.	120862

(3) The furniture and fixtures fixed-rate levy loss is the	120863
furniture and fixture property tax value loss multiplied by the	120864
sum of the tax rates of fixed-rate qualifying levies.	120865

(4) The telephone property fixed-rate levy loss is the	120866
telephone property tax value loss multiplied by the sum of the tax	120867
rates of fixed-rate qualifying levies.	120868

(E) Not later than September 15, 2005, the tax commissioner	120869
shall determine for each school district, joint vocational school	120870
district, and local taxing unit its fixed-sum levy loss. The	120871
fixed-sum levy loss is the amount obtained by subtracting the	120872
amount described in division (E)(2) of this section from the	120873
amount described in division (E)(1) of this section:	120874

(1) The sum of the machinery and equipment property tax value	120875
loss, the inventory property tax value loss, and the furniture and	120876
fixtures property tax value loss, and, for 2008 through 2010, the	120877
telephone property tax value loss of the district or unit	120878
multiplied by the sum of the fixed-sum tax rates of qualifying	120879
levies. For 2006 through 2010, this computation shall include all	120880
qualifying levies remaining in effect for the current tax year and	120881
any school district levies charged and payable under section	120882
5705.194 or 5705.213 of the Revised Code that are qualifying	120883
levies not remaining in effect for the current year. For 2011	120884
through 2017 in the case of school district levies charged and	120885
payable under section 5705.194 or 5705.213 of the Revised Code and	120886
for all years after 2010 in the case of other fixed-sum levies,	120887
this computation shall include only qualifying levies remaining in	120888
effect for the current year. For purposes of this computation, a	120889
qualifying school district levy charged and payable under section	120890
5705.194 or 5705.213 of the Revised Code remains in effect in a	120891
year after 2010 only if, for that year, the board of education	120892
levies a school district levy charged and payable under section	120893
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	120894
an annual sum at least equal to the annual sum levied by the board	120895
in tax year 2004 less the amount of the payment certified under	120896
this division for 2006.	120897

(2) The total taxable value in tax year 2004 less the sum of	120898
the machinery and equipment, inventory, furniture and fixtures,	120899
and telephone property tax value losses in each school district,	120900
joint vocational school district, and local taxing unit multiplied	120901
by one-half of one mill per dollar.	120902

(3) For the calculations in divisions (E)(1) and (2) of this	120903
section, the tax value losses are those that would be calculated	120904
for tax year 2009 under divisions (C)(1), (2), and (3) of this	120905
section and for tax year 2011 under division (C)(4) of this	120906
section.	120907

(4) To facilitate the calculation under divisions (D) and (E)	120908
of this section, not later than September 1, 2005, any school	120909
district, joint vocational school district, or local taxing unit	120910
that has a qualifying levy that was approved at an election	120911
conducted during 2005 before September 1, 2005, shall certify to	120912
the tax commissioner a copy of the county auditor's certificate of	120913
estimated property tax millage for such levy as required under	120914
division (B) of section 5705.03 of the Revised Code, which is the	120915
rate that shall be used in the calculations under such divisions.	120916

If the amount determined under division (E) of this section	120917
for any school district, joint vocational school district, or	120918
local taxing unit is greater than zero, that amount shall equal	120919
the reimbursement to be paid pursuant to division (E) of section	120920
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	120921
and the one-half of one mill that is subtracted under division	120922
(E)(2) of this section shall be apportioned among all contributing	120923
fixed-sum levies in the proportion that each levy bears to the sum	120924
of all fixed-sum levies within each school district, joint	120925
vocational school district, or local taxing unit.	120926

(F) If a school district levies a tax under section 5705.219	120927
of the Revised Code, the fixed-rate levy loss for qualifying	120928
levies, to the extent repealed under that section, shall equal the	120929
sum of the following amounts in lieu of the amounts computed for	120930
such levies under division (D) of this section:	120931

(1) The sum of the rates of qualifying levies to the extent	120932
so repealed multiplied by the sum of the machinery and equipment,	120933
inventory, and furniture and fixtures tax value losses for 2009 as	120934
determined under that division;	120935

(2) The sum of the rates of qualifying levies to the extent	120936
so repealed multiplied by the telephone property tax value loss	120937
for 2011 as determined under that division.	120938

The fixed-rate levy losses for qualifying levies to the	120939
extent not repealed under section 5705.219 of the Revised Code	120940
shall be as determined under division (D) of this section. The	120941
revised fixed-rate levy losses determined under this division and	120942
division (D) of this section first apply in the year following the	120943
first year the district levies the tax under section 5705.219 of	120944
the Revised Code.	120945

(G) Not later than October 1, 2005, the tax commissioner	120946
shall certify to the department of education for every school	120947
district and joint vocational school district the machinery and	120948
equipment, inventory, furniture and fixtures, and telephone	120949
property tax value losses determined under division (C) of this	120950
section, the machinery and equipment, inventory, furniture and	120951
fixtures, and telephone fixed-rate levy losses determined under	120952
division (D) of this section, and the fixed-sum levy losses	120953
calculated under division (E) of this section. The calculations	120954
under divisions (D) and (E) of this section shall separately	120955
display the levy loss for each levy eligible for reimbursement.	120956

(H) Not later than October 1, 2005, the tax commissioner	120957
shall certify the amount of the fixed-sum levy losses to the	120958
county auditor of each county in which a school district, joint	120959
vocational school district, or local taxing unit with a fixed-sum	120960
levy loss reimbursement has territory.	120961

(I) Not later than the twenty-eighth day of February each	120962
year beginning in 2011 and ending in 2014, the tax commissioner	120963
shall certify to the department of education for each school	120964
district first levying a tax under section 5705.219 of the Revised	120965
Code in the preceding year the revised fixed-rate levy losses	120966
determined under divisions (D) and (F) of this section.	120967

(J) There is hereby created in the state treasury the	120968
commercial activity tax motor fuel receipts fund.	120969

Sec. 5751.21. (A) Not later than the thirtieth day of July	120970
of 2007 through 2010, the department of education shall consult	120971
with the director of budget and management and determine the	120972
following for each school district and each joint vocational	120973
school district eligible for payment under division (B) of this	120974
section:	120975

(1) The state education aid offset, which, except as provided	120976
in division (A)(1)(c) of this section, is the difference obtained	120977
by subtracting the amount described in division (A)(1)(b) of this	120978
section from the amount described in division (A)(1)(a) of this	120979
section:	120980

(a) The state education aid computed for the school district	120981
or joint vocational school district for the current fiscal year as	120982
of the thirtieth day of July;	120983

(b) The state education aid that would be computed for the	120984
school district or joint vocational school district for the	120985
current fiscal year as of the thirtieth day of July if the	120986
valuation used in the calculation in division (B)(1) of section	120987
3306.13 of the Revised Code as that division existed for fiscal	120988
years 2010 and 2011 included the machinery and equipment,	120989
inventory, furniture and fixtures, and telephone property tax	120990
value losses for the school district or joint vocational school	120991
district for the second preceding tax year, and if taxes charged	120992
and payable associated with the tax value losses are accounted for	120993
in any state education aid computation dependent on taxes charged	120994
and payable.	120995

(c) The state education aid offset for fiscal year 2010 and	120996
fiscal year 2011 equals the greater of the state education aid	120997
offset calculated for that fiscal year under divisions (A)(1)(a)	120998
and (b) of this section and the state education aid offset	120999
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	121000
the state education aid offset equals the state education aid	121001
offset for fiscal year 2011.	121002

(2) For fiscal years 2008 through 2011, the greater of zero	121003
or the difference obtained by subtracting the state education aid	121004
offset determined under division (A)(1) of this section from the	121005
sum of the machinery and equipment fixed-rate levy loss, the	121006
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	121007
levy loss, and telephone property fixed-rate levy loss certified	121008
under divisions (G) and (I) of section 5751.20 of the Revised Code	121009
for all taxing districts in each school district and joint	121010
vocational school district for the second preceding tax year.	121011

By the thirtieth day of July of each such year, the	121012
department of education and the director of budget and management	121013
shall agree upon the amount to be determined under division (A)(1)	121014
of this section.	121015

(B) On or before the thirty-first day of August of 2008,	121016
2009, and 2010, the department of education shall recalculate the	121017
offset described under division (A) of this section for the	121018
previous fiscal year and recalculate the payments made under	121019
division (C) of this section in the preceding fiscal year using	121020
the offset calculated under this division. If the payments	121021
calculated under this division differ from the payments made under	121022
division (C) of this section in the preceding fiscal year, the	121023
difference shall either be paid to a school district or recaptured	121024
from a school district through an adjustment at the same times	121025
during the current fiscal year that the payments under division	121026
(C) of this section are made. In August and October of the current	121027
fiscal year, the amount of each adjustment shall be three-sevenths	121028
of the amount calculated under this division. In May of the	121029
current fiscal year, the adjustment shall be one-seventh of the	121030
amount calculated under this division.	121031

(C) The department of education shall pay from the school	121032
district tangible property tax replacement fund to each school	121033
district and joint vocational school district all of the following	121034
for fixed-rate levy losses certified under divisions (G) and (I)	121035
of section 5751.20 of the Revised Code:	121036

(1) On or before May 31, 2006, one-seventh of the total	121037
fixed-rate levy loss for tax year 2006;	121038

(2) On or before August 31, 2006, and October 31, 2006,	121039
one-half of six-sevenths of the total fixed-rate levy loss for tax	121040
year 2006;	121041

(3) On or before May 31, 2007, one-seventh of the total	121042
fixed-rate levy loss for tax year 2007;	121043

(4) On or before August 31, 2007, and October 31, 2007,	121044
forty-three per cent of the amount determined under division	121045
(A)(2) of this section for fiscal year 2008, but not less than	121046
zero, plus one-half of six-sevenths of the difference between the	121047
total fixed-rate levy loss for tax year 2007 and the total	121048
fixed-rate levy loss for tax year 2006.	121049

(5) On or before May 31, 2008, fourteen per cent of the	121050
amount determined under division (A)(2) of this section for fiscal	121051
year 2008, but not less than zero, plus one-seventh of the	121052
difference between the total fixed-rate levy loss for tax year	121053
2008 and the total fixed-rate levy loss for tax year 2006.	121054

(6) On or before August 31, 2008, and October 31, 2008,	121055
forty-three per cent of the amount determined under division	121056
(A)(2) of this section for fiscal year 2009, but not less than	121057
zero, plus one-half of six-sevenths of the difference between the	121058
total fixed-rate levy loss in tax year 2008 and the total	121059
fixed-rate levy loss in tax year 2007.	121060

(7) On or before May 31, 2009, fourteen per cent of the	121061
amount determined under division (A)(2) of this section for fiscal	121062
year 2009, but not less than zero, plus one-seventh of the	121063
difference between the total fixed-rate levy loss for tax year	121064
2009 and the total fixed-rate levy loss for tax year 2007.	121065

(8) On or before August 31, 2009, and October 31, 2009,	121066
forty-three per cent of the amount determined under division	121067
(A)(2) of this section for fiscal year 2010, but not less than	121068
zero, plus one-half of six-sevenths of the difference between the	121069
total fixed-rate levy loss in tax year 2009 and the total	121070
fixed-rate levy loss in tax year 2008.	121071

(9) On or before May 31, 2010, fourteen per cent of the	121072
amount determined under division (A)(2) of this section for fiscal	121073
year 2010, but not less than zero, plus one-seventh of the	121074
difference between the total fixed-rate levy loss in tax year 2010	121075
and the total fixed-rate levy loss in tax year 2008.	121076

(10) On or before August 31, 2010, and October 31, 2010,	121077
forty-three per cent of the amount determined under division	121078
(A)(2) of this section for fiscal year 2011, but not less than	121079
zero, plus one-half of six-sevenths of the difference between the	121080
telephone property fixed-rate levy loss for tax year 2010 and the	121081
telephone property fixed-rate levy loss for tax year 2009.	121082

(11) On or before May 31, 2011, fourteen per cent of the	121083
amount determined under division (A)(2) of this section for fiscal	121084
year 2011, but not less than zero, plus one-seventh of the	121085
difference between the telephone property fixed-rate levy loss for	121086
tax year 2011 and the telephone property fixed-rate levy loss for	121087
tax year 2009.	121088

(12) For fiscal years 2012 and thereafter, the sum of the	121089
amounts in divisions (C)(12)(a) or (b) and (c) of this section	121090
shall be paid on or before the ~~twentieth~~last day of November and	121091
the last day of May:	121092

(a) If the ratio of current expense TPP allocation to total	121093
resources is equal to or less than the threshold per cent, zero;	121094

(b) If the ratio of current expense TPP allocation to total	121095
resources is greater than the threshold per cent, fifty per cent	121096
of the difference of current expense TPP allocation minus the	121097
product of total resources multiplied by the threshold per cent;	121098

(c) Fifty per cent of the product of non-current expense TPP	121099
allocation multiplied by seventy-five per cent for fiscal year	121100
2012 and fifty per cent for fiscal years 2013 and thereafter.	121101

The department of education shall report to each school	121102
district and joint vocational school district the apportionment of	121103
the payments among the school district's or joint vocational	121104
school district's funds based on the certifications under	121105
divisions (G) and (I) of section 5751.20 of the Revised Code.	121106

(D) For taxes levied within the ten-mill limitation for debt	121107
purposes in tax year 2005, payments shall be made equal to one	121108
hundred per cent of the loss computed as if the tax were a	121109
fixed-rate levy, but those payments shall extend from fiscal year	121110
2006 through fiscal year 2018, as long as the qualifying levy	121111
continues to be used for debt purposes. If the purpose of such a	121112
qualifying levy is changed, that levy becomes subject to the	121113
payments determined in division (C) of this section.	121114

(E)(1) Not later than January 1, 2006, for each fixed-sum	121115
levy of each school district or joint vocational school district	121116
and for each year for which a determination is made under division	121117
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	121118
loss is to be reimbursed, the tax commissioner shall certify to	121119
the department of education the fixed-sum levy loss determined	121120
under that division. The certification shall cover a time period	121121
sufficient to include all fixed-sum levies for which the	121122
commissioner made such a determination. On or before the last day	121123
of May of the current year, the department shall pay from the	121124
school district property tax replacement fund to the school	121125
district or joint vocational school district one-third of the	121126
fixed-sum levy loss so certified, plus one-third of the amount	121127
certified under division (I) of section 5751.20 of the Revised	121128
Code, and on or before the ~~twentieth~~last day of November,	121129
two-thirds of the fixed-sum levy loss so certified, plus	121130
two-thirds of the amount certified under division (I) of section	121131
5751.20 of the Revised Code. Payments under this division of the	121132
amounts certified under division (I) of section 5751.20 of the	121133
Revised Code shall continue until the levy adopted under section	121134
5705.219 of the Revised Code expires.	121135

(2) Beginning in 2006, by the first day of January of each	121136
year, the tax commissioner shall review the certification	121137
originally made under division (E)(1) of this section. If the	121138
commissioner determines that a debt levy that had been scheduled	121139
to be reimbursed in the current year has expired, a revised	121140
certification for that and all subsequent years shall be made to	121141
the department of education.	121142

(F) Beginning in September 2007 and through June 2013, the	121143
director of budget and management shall transfer from the school	121144
district tangible property tax replacement fund to the general	121145
revenue fund each of the following:	121146

(1) On the first day of September, one-fourth of the amount	121147
determined for that fiscal year under division (A)(1) of this	121148
section;	121149

(2) On the first day of December, one-fourth of the amount	121150
determined for that fiscal year under division (A)(1) of this	121151
section;	121152

(3) On the first day of March, one-fourth of the amount	121153
determined for that fiscal year under division (A)(1) of this	121154
section;	121155

(4) On the first day of June, one-fourth of the amount	121156
determined for that fiscal year under division (A)(1) of this	121157
section.	121158

If, when a transfer is required under division (F)(1), (2),	121159
(3), or (4) of this section, there is not sufficient money in the	121160
school district tangible property tax replacement fund to make the	121161
transfer in the required amount, the director shall transfer the	121162
balance in the fund to the general revenue fund and may make	121163
additional transfers on later dates as determined by the director	121164
in a total amount that does not exceed one-fourth of the amount	121165
determined for the fiscal year.	121166

(G) If the total amount in the school district tangible	121167
property tax replacement fund is insufficient to make all payments	121168
under divisions (C), (D), and (E) of this section at the times the	121169
payments are to be made, the director of budget and management	121170
shall transfer from the general revenue fund to the school	121171
district tangible property tax replacement fund the difference	121172
between the total amount to be paid and the amount in the school	121173
district tangible property tax replacement fund.	121174

(H) On the fifteenth day of June of each year, the director	121175
of budget and management may transfer any balance in the school	121176
district tangible property tax replacement fund to the general	121177
revenue fund.	121178

(I) If all of the territory of a school district or joint	121179
vocational school district is merged with another district, or if	121180
a part of the territory of a school district or joint vocational	121181
school district is transferred to an existing or newly created	121182
district, the department of education, in consultation with the	121183
tax commissioner, shall adjust the payments made under this	121184
section as follows:	121185

(1) For a merger of two or more districts, the fixed-sum levy	121186
losses, total resources, current expense TPP allocation, total TPP	121187
allocation, and non-current expense TPP allocation of the	121188
successor district shall be the sum of such items for each of the	121189
districts involved in the merger.	121190

(2) If property is transferred from one district to a	121191
previously existing district, the amount of total resources,	121192
current expense TPP allocation, total TPP allocation, and	121193
non-current expense TPP allocation that shall be transferred to	121194
the recipient district shall be an amount equal to total	121195
resources, current expense TPP allocation, total TPP allocation,	121196
and non-current expense TPP allocation of the transferor district	121197
times a fraction, the numerator of which is the number of pupils	121198
being transferred to the recipient district, measured, in the case	121199
of a school district, by average daily membership as reported	121200
under division (A) of section 3317.03 of the Revised Code or, in	121201
the case of a joint vocational school district, by formula ADM as	121202
reported in division (D) of that section, and the denominator of	121203
which is the average daily membership or formula ADM of the	121204
transferor district.	121205

(3) After December 31, 2010, if property is transferred from	121206
one or more districts to a district that is newly created out of	121207
the transferred property, the newly created district shall be	121208
deemed not to have any total resources, current expense TPP	121209
allocation, total TPP allocation, or non-current expense TPP	121210
allocation.	121211

(4) If the recipient district under division (I)(2) of this	121212
section or the newly created district under division (I)(3) of	121213
this section is assuming debt from one or more of the districts	121214
from which the property was transferred and any of the districts	121215
losing the property had fixed-sum levy losses, the department of	121216
education, in consultation with the tax commissioner, shall make	121217
an equitable division of the fixed-sum levy loss reimbursements.	121218

Sec. 5753.01. As used in Chapter 5753. of the Revised Code	121219
and for no other purpose under Title LVII of the Revised Code:	121220

(A) "Casino facility" has the same meaning as in section	121221
3772.01 of the Revised Code.	121222

(B) "Casino gaming" has the same meaning as in section	121223
3772.01 of the Revised Code.	121224

(C) "Casino operator" has the same meaning as in section	121225
3772.01 of the Revised Code.	121226

(D) "Gross casino revenue" means the total amount of money	121227
exchanged for the purchase of chips, tokens, tickets, electronic	121228
cards, or similar objects by casino patrons, less winnings paid to	121229
wagerers. "Gross casino revenue" does not include ~~the~~:	121230

(1) The issuance to casino patrons or wagering by casino	121231
patrons of any promotional gaming credit as defined in section	121232
3772.01 of the Revised Code. When issuance of the promotional	121233
gaming credit requires money exchanged as a match from the patron,	121234
the excludible portion of the promotional gaming credit does not	121235
include the portion of the wager purchased by the patron.	121236

(2) Bad debts from receipts on the basis of which the tax	121237
imposed by this chapter was paid in a prior tax period to the	121238
extent not previously excluded. For the purposes of this division,	121239
"bad debts" means any debts that have become worthless or	121240
uncollectible in a prior tax period, have been uncollected for at	121241
least six months, and that may be claimed as a deduction under	121242
section 166 of the Internal Revenue Code and the regulations	121243
adopted under that section, or that could be claimed as such if	121244
the taxpayer kept its accounts on the accrual basis. "Bad debts"	121245
does not include repossessed property, uncollectible amounts on	121246
property that remains in the possession of the casino operator	121247
until the full purchase price is paid, or expenses in attempting	121248
to collect any account receivable or for any portion of the debt	121249
recovered.	121250

(E) "Person" has the same meaning as in section 3772.01 of	121251
the Revised Code.	121252

(F) "Slot machine" has the same meaning as in section 3772.01	121253
of the Revised Code.	121254

(G) "Table game" has the same meaning as in section 3772.01	121255
of the Revised Code.	121256

(H) "Tax period" means one twenty-four-hour period with	121257
regard to which a casino operator is required to pay the tax	121258
levied by this chapter.	121259

Sec. 5753.03. (A) For the purpose of receiving and	121260
distributing, and accounting for, revenue received from the tax	121261
levied by section 5753.02 of the Revised Code, the following funds	121262
are created in the state treasury:	121263

(1) The casino tax revenue fund;

121264

(2) The gross casino revenue county fund;

121265

(3) The gross casino revenue county student fund;

121266

(4) The gross casino revenue host city fund;

121267

(5) The Ohio state racing commission fund;

121268

(6) The Ohio law enforcement training fund;

121269

(7) The problem casino gambling and addictions fund;

121270

(8) The casino control commission fund;

121271

(9) The casino tax administration fund;

121272

(10) The peace officer training academy fund;

121273

(11) The criminal justice services casino tax revenue fund.

121274

(B) All moneys collected from the tax levied under this	121275
chapter shall be deposited into the casino tax revenue fund.	121276

(C) From the casino tax revenue fund the director of budget	121277
and management shall transfer as needed to the tax refund fund	121278
amounts equal to the refunds certified by the tax commissioner	121279
under section 5753.06 of the Revised Code.	121280

(D) After making any transfers required by division (C) of	121281
this section, but not later than the fifteenth day of the month	121282
following the end of each calendar quarter, the director of budget	121283
and management shall transfer amounts to each fund as follows:	121284

(1) Fifty-one per cent to the gross casino revenue county	121285
fund to make payments as required by Section 6(C)(3)(a) of Article	121286
XV, Ohio Constitution;	121287

(2) Thirty-four per cent to the gross casino revenue county	121288
student fund to make payments as required by Section 6(C)(3)(b) of	121289
Article XV, Ohio Constitution and as provided in section 5753.11	121290
of the Revised Code;	121291

(3) Five per cent to the gross casino revenue host city fund	121292
for the benefit of the cities in which casino facilities are	121293
located;	121294

(4) Three per cent to the Ohio state racing commission fund	121295
to support the efforts and activities of the Ohio state racing	121296
commission to promote horse racing in this state at which the	121297
pari-mutuel system of wagering is conducted;	121298

(5) Two per cent to the Ohio law enforcement training fund to	121299
support law enforcement functions in the state;	121300

(6) Two per cent to the problem casino gambling and	121301
addictions fund to support efforts of the department of ~~alcohol~~	121302
~~and drug addiction services~~mental health and addiction services	121303
to alleviate problem gambling and substance abuse and related	121304
research in the state under section ~~3793.032~~5119.47 of the	121305
Revised Code;	121306

(7) Three per cent to the casino control commission fund to	121307
support the operations of the Ohio casino control commission and	121308
to defray the cost of administering the tax levied under section	121309
5753.02 of the Revised Code.	121310

Payments under divisions (D)(1) and (3) of this section shall	121311
be made by the end of the month following the end of the quarterly	121312
period. The tax commissioner shall make the data available to the	121313
director of budget and management for this purpose.	121314

Money in the Ohio state racing commission fund shall be	121315
distributed at the discretion of the Ohio state racing commission	121316
for the purpose stated in division (D)(4) of this section by the	121317
end of the month following the end of the quarterly period. The	121318
commission may retain up to five per cent of the amount	121319
transferred to the fund under division (D)(4) of this section for	121320
operating expenses necessary for the administration of the fund.	121321

Payments from the gross casino revenue county student fund as	121322
required under section 5753.11 of the Revised Code shall be made	121323
by the last day of January and by the last day of August of each	121324
year, beginning in 2013. The tax commissioner shall make the data	121325
available to the director of budget and management for this	121326
purpose.	121327

Of the money credited to the Ohio law enforcement training	121328
fund, the director of budget and management shall distribute	121329
eighty-five per cent of the money to the police officer training	121330
academy fund for the purpose of supporting the law enforcement	121331
training efforts of the Ohio peace officer training academy and	121332
fifteen per cent of the money to the criminal justice services	121333
casino tax revenue fund for the purpose of supporting the law	121334
enforcement training efforts of the division of criminal justice	121335
services.	121336

(E)(1) The tax commissioner shall serve as an agent of the	121337
counties of this state only for the purposes of this division and	121338
solely to make payments directly to municipal corporations and	121339
school districts, as applicable, on the counties' behalf.	121340

(2) On or before the last day of the month following the end	121341
of each calendar quarter, the tax commissioner shall provide for	121342
payment from the funds referenced in divisions (D)(1) and (3) of	121343
this section to each county and municipal corporation as	121344
prescribed in those divisions.	121345

(3) On or before the last day of January and the last day of	121346
August each year, the commissioner shall provide for payments from	121347
the fund referenced in division (D)(2) of this section to each	121348
school district as prescribed in that division.	121349

(F) The director of budget and management shall transfer one	121350
per cent of the money credited to the casino control commission	121351
fund to the casino tax administration fund. The tax commissioner	121352
shall use the casino tax administration fund to defray the costs	121353
incurred in administering the tax levied by this chapter.	121354

(G) All investment earnings of the gross casino revenue	121355
county student fund shall be credited to the fund.	121356

Sec. 5753.07. (A)(1) The tax commissioner may issue an	121357
assessment, based on any information in the tax commissioner's	121358
possession, against a casino operator who fails to pay the tax	121359
levied under section 5753.02 of the Revised Code or to file a	121360
return under section 5753.04 of the Revised Code. The tax	121361
commissioner shall give the casino operator written notice of the	121362
assessment under section 5703.37 of the Revised Code. With the	121363
notice, the tax commissioner shall include instructions on how to	121364
petition for reassessment and on how to request a hearing with	121365
respect to the petition.	121366

(2) Unless the casino operator, within sixty days after	121367
service of the notice of assessment, files with the tax	121368
commissioner, either personally or by certified mail, a written	121369
petition signed by the casino operator, or by the casino	121370
operator's authorized agent who has knowledge of the facts, the	121371
assessment becomes final, and the amount of the assessment is due	121372
and payable from the casino operator to the treasurer of state.	121373
The petition shall indicate the casino operator's objections to	121374
the assessment. Additional objections may be raised in writing if	121375
they are received by the tax commissioner before the date shown on	121376
the final determination.	121377

(3) If a petition for reassessment has been properly filed,	121378
the tax commissioner shall proceed under section 5703.60 of the	121379
Revised Code.	121380

(4) After an assessment becomes final, if any portion of the	121381
assessment, including penalties and accrued interest, remains	121382
unpaid, the tax commissioner may file a certified copy of the	121383
entry making the assessment final in the office of the clerk of	121384
the court of common pleas of Franklin county or in the office of	121385
the clerk of the court of common pleas of the county in which the	121386
casino operator resides, the casino operator's casino facility is	121387
located, or the casino operator's principal place of business in	121388
this state is located. Immediately upon the filing of the entry,	121389
the clerk shall enter a judgment for the state against the	121390
taxpayer assessed in the amount shown on the entry. The judgment	121391
may be filed by the clerk in a loose-leaf book entitled, "special	121392
judgments for the gross casino revenue tax." The judgment has the	121393
same effect as other judgments. Execution shall issue upon the	121394
judgment at the request of the tax commissioner, and all laws	121395
applicable to sales on execution apply to sales made under the	121396
judgment.	121397

(5) ~~The portion of an~~If the assessment is not paid in its	121398
entirety within sixty days after the day the assessment was issued	121399
~~bears~~, the portion of the assessment consisting of tax due shall	121400
bear interest at the rate per annum prescribed by section 5703.47	121401
of the Revised Code from the day the tax commissioner issued the	121402
assessment until the assessment is paid or until it is certified	121403
to the attorney general for collection under section 131.02 of the	121404
Revised Code, whichever comes first. If the unpaid portion of the	121405
assessment is certified to the attorney general for collection,	121406
the entire unpaid portion of the assessment shall bear interest at	121407
the rate per annum prescribed by section 5703.47 of the Revised	121408
Code from the date of certification until the date it is paid in	121409
its entirety. Interest shall be paid in the same manner as the tax	121410
levied under section 5753.02 of the Revised Code and may be	121411
collected by the issuance of an assessment under this section.	121412

(B) If the tax commissioner believes that collection of the	121413
tax levied under section 5753.02 of the Revised Code will be	121414
jeopardized unless proceedings to collect or secure collection of	121415
the tax are instituted without delay, the commissioner may issue a	121416
jeopardy assessment against the casino operator who is liable for	121417
the tax. Immediately upon the issuance of a jeopardy assessment,	121418
the tax commissioner shall file an entry with the clerk of the	121419
court of common pleas in the manner prescribed by division (A)(4)	121420
of this section, and the clerk shall proceed as directed in that	121421
division. Notice of the jeopardy assessment shall be served on the	121422
casino operator or the casino operator's authorized agent under	121423
section 5703.37 of the Revised Code within five days after the	121424
filing of the entry with the clerk. The total amount assessed is	121425
immediately due and payable, unless the casino operator assessed	121426
files a petition for reassessment under division (A)(2) of this	121427
section and provides security in a form satisfactory to the tax	121428
commissioner that is in an amount sufficient to satisfy the unpaid	121429
balance of the assessment. If a petition for reassessment has been	121430
filed, and if satisfactory security has been provided, the tax	121431
commissioner shall proceed under division (A)(3) of this section.	121432
Full or partial payment of the assessment does not prejudice the	121433
tax commissioner's consideration of the petition for reassessment.	121434

(C) The tax commissioner shall immediately forward to the	121435
treasurer of state all amounts the tax commissioner receives under	121436
this section, and the amounts forwarded shall be treated as if	121437
they were revenue arising from the tax levied under section	121438
5753.02 of the Revised Code.	121439

(D) Except as otherwise provided in this division, no	121440
assessment shall be issued against a casino operator for the tax	121441
levied under section 5753.02 of the Revised Code more than four	121442
years after the due date for filing the return for the tax period	121443
for which the tax was reported, or more than four years after the	121444
return for the tax period was filed, whichever is later. This	121445
division does not bar an assessment against a casino operator who	121446
fails to file a return as required by section 5753.04 of the	121447
Revised Code or who files a fraudulent return, or when the casino	121448
operator and the tax commissioner waive in writing the time	121449
limitation.	121450

(E) If the tax commissioner possesses information that	121451
indicates that the amount of tax a casino operator is liable to	121452
pay under section 5753.02 of the Revised Code exceeds the amount	121453
the casino operator paid, the tax commissioner may audit a sample	121454
of the casino operator's gross casino revenue over a	121455
representative period of time to ascertain the amount of tax due,	121456
and may issue an assessment based on the audit. The tax	121457
commissioner shall make a good faith effort to reach agreement	121458
with the casino operator in selecting a representative sample. The	121459
tax commissioner may apply a sampling method only if the tax	121460
commissioner has prescribed the method by rule.	121461

(F) If the whereabouts of a casino operator who is liable for	121462
the tax levied under section 5753.02 of the Revised Code are	121463
unknown to the tax commissioner, the tax commissioner shall	121464
proceed under section 5703.37 of the Revised Code.	121465

(G) If a casino operator fails to pay the tax levied under	121466
section 5753.02 of the Revised Code within a period of one year	121467
after the due date for remitting the tax, the Ohio casino control	121468
commission may suspend the casino operator's license.	121469

Sec. 5815.28. (A) As used in this section:

121470

(1) "Ascertainable standard" includes a standard in a trust	121471
instrument requiring the trustee to provide for the care, comfort,	121472
maintenance, welfare, education, or general well-being of the	121473
beneficiary.	121474

(2) "Disability" means any substantial, medically	121475
determinable impairment that can be expected to result in death or	121476
that has lasted or can be expected to last for a continuous period	121477
of at least twelve months, except that "disability" does not	121478
include an impairment that is the result of abuse of alcohol or	121479
drugs.	121480

(3) "Political subdivision" and "state" have the same	121481
meanings as in section 2744.01 of the Revised Code.	121482

(4) "Supplemental services" means services specified by rule	121483
of the department of ~~mental health~~mental health and addiction	121484
services under section ~~5119.01~~5119.10 of the Revised Code or the	121485
department of developmental disabilities under section 5123.04 of	121486
the Revised Code that are provided to an individual with a	121487
disability in addition to services the individual is eligible to	121488
receive under programs authorized by federal or state law.	121489

(B) Any person may create a trust under this section to	121490
provide funding for supplemental services for the benefit of	121491
another individual who meets either of the following conditions:	121492

(1) The individual has a physical or mental disability and is	121493
eligible to receive services through the department of	121494
developmental disabilities or a county board of developmental	121495
disabilities;	121496

(2) The individual has a mental disability and is eligible to	121497
receive services through the department of ~~mental health~~mental	121498
health and addiction services or a board of alcohol, drug	121499
addiction, and mental health services.	121500

The trust may confer discretion upon the trustee and may	121501
contain specific instructions or conditions governing the exercise	121502
of the discretion.	121503

(C) The general division of the court of common pleas and the	121504
probate court of the county in which the beneficiary of a trust	121505
authorized by division (B) of this section resides or is confined	121506
have concurrent original jurisdiction to hear and determine	121507
actions pertaining to the trust. In any action pertaining to the	121508
trust in a court of common pleas or probate court and in any	121509
appeal of the action, all of the following apply to the trial or	121510
appellate court:	121511

(1) The court shall render determinations consistent with the	121512
testator's or other settlor's intent in creating the trust, as	121513
evidenced by the terms of the trust instrument.	121514

(2) The court may order the trustee to exercise discretion	121515
that the trust instrument confers upon the trustee only if the	121516
instrument contains specific instructions or conditions governing	121517
the exercise of that discretion and the trustee has failed to	121518
comply with the instructions or conditions. In issuing an order	121519
pursuant to this division, the court shall require the trustee to	121520
exercise the trustee's discretion only in accordance with the	121521
instructions or conditions.	121522

(3) The court may order the trustee to maintain the trust and	121523
distribute assets in accordance with rules adopted by the director	121524
of ~~mental health~~mental health and addiction services under	121525
section ~~5119.01~~5119.10 of the Revised Code or the director of	121526
developmental disabilities under section 5123.04 of the Revised	121527
Code if the trustee has failed to comply with such rules.	121528

(D) To the extent permitted by federal law and subject to the	121529
provisions of division (C)(2) of this section pertaining to the	121530
enforcement of specific instructions or conditions governing a	121531
trustee's discretion, a trust authorized by division (B) of this	121532
section that confers discretion upon the trustee shall not be	121533
considered an asset or resource of the beneficiary, the	121534
beneficiary's estate, the settlor, or the settlor's estate and	121535
shall be exempt from the claims of creditors, political	121536
subdivisions, the state, other governmental entities, and other	121537
claimants against the beneficiary, the beneficiary's estate, the	121538
settlor, or the settlor's estate, including claims regarding the	121539
medicaid program or based on provisions of Chapters ~~5111.,~~ 5121.,	121540
or 5123. of the Revised Code and claims sought to be satisfied by	121541
way of a civil action, subrogation, execution, garnishment,	121542
attachment, judicial sale, or other legal process, if all of the	121543
following apply:	121544

(1) At the time the trust is created, the trust principal	121545
does not exceed the maximum amount determined under division (E)	121546
of this section;	121547

(2) The trust instrument contains a statement of the	121548
settlor's intent, or otherwise clearly evidences the settlor's	121549
intent, that the beneficiary does not have authority to compel the	121550
trustee under any circumstances to furnish the beneficiary with	121551
minimal or other maintenance or support, to make payments from the	121552
principal of the trust or from the income derived from the	121553
principal, or to convert any portion of the principal into cash,	121554
whether pursuant to an ascertainable standard specified in the	121555
instrument or otherwise;	121556

(3) The trust instrument provides that trust assets can be	121557
used only to provide supplemental services, as defined by rule of	121558
the director of ~~mental health~~mental health and addiction services	121559
under section ~~5119.01~~5119.10 of the Revised Code or the director	121560
of developmental disabilities under section 5123.04 of the Revised	121561
Code, to the beneficiary;	121562

(4) The trust is maintained and assets are distributed in	121563
accordance with rules adopted by the director of ~~mental health~~	121564
mental health and addiction services under section ~~5119.01~~5119.10	121565
of the Revised Code or the director of developmental disabilities	121566
under section 5123.04 of the Revised Code;	121567

(5) The trust instrument provides that on the death of the	121568
beneficiary, a portion of the remaining assets of the trust, which	121569
shall be not less than fifty per cent of such assets, will be	121570
deposited to the credit of the services fund for individuals with	121571
mental illness created by section ~~5119.17~~5119.51 of the Revised	121572
Code or the services fund for individuals with mental retardation	121573
and developmental disabilities created by section 5123.40 of the	121574
Revised Code.	121575

(E) In 1994, the trust principal maximum amount for a trust	121576
created under this section shall be two hundred thousand dollars.	121577
The maximum amount for a trust created under this section prior to	121578
November 11, 1994, may be increased to two hundred thousand	121579
dollars.	121580

In 1995, the maximum amount for a trust created under this	121581
section shall be two hundred two thousand dollars. Each year	121582
thereafter, the maximum amount shall be the prior year's amount	121583
plus two thousand dollars.	121584

(F) This section does not limit or otherwise affect the	121585
creation, validity, interpretation, or effect of any trust that is	121586
not created under this section.	121587

(G) Once a trustee takes action on a trust created by a	121588
settlor under this section and disburses trust funds on behalf of	121589
the beneficiary of the trust, then the trust may not be terminated	121590
or otherwise revoked by a particular event or otherwise without	121591
payment into the services fund created pursuant to section ~~5119.17~~	121592
5119.51 or 5123.40 of the Revised Code of an amount that is equal	121593
to the disbursements made on behalf of the beneficiary for medical	121594
care by the state from the date the trust vests but that is not	121595
more than fifty per cent of the trust corpus.	121596

Sec. 5905.02. Whenever it appears that a person is eligible	121597
for care or treatment by the veterans' administration or other	121598
agency of the United States, and hospitalization is necessary for	121599
the proper care or treatment of such person, the probate court,	121600
upon receipt of a certificate from the veterans' administration or	121601
such other agency showing that facilities are available and such	121602
person is eligible for care or treatment therein, may order such	121603
person to said veterans' administration or other agency for care	121604
and treatment.	121605

Upon admission, such person shall be subject to the	121606
applicable regulations of the veterans' administration or other	121607
agency of the United States. The chief officer of any hospital to	121608
which any person is admitted pursuant to hospitalization as	121609
provided in sections 5905.01 to 5905.19 of the Revised Code, or	121610
under the law in effect at the time of such admission, shall have	121611
the same powers as are exercised by heads of hospitals for mental	121612
diseases and the department of ~~mental health~~mental health and	121613
addiction services with respect to the retention, transfer,	121614
parole, or discharge of the person hospitalized; provided no	121615
person shall be transferred to a hospital operated by the state or	121616
any political subdivision thereof without the consent of such	121617
department.	121618

The right of such person to appear and defend shall not be	121619
denied.	121620

The judgment or order of hospitalization by a court of	121621
competent jurisdiction of another state ordering a person to the	121622
veterans' administration or other agency of the United States, or	121623
any hospital operated by any such agency, for care or treatment	121624
shall have the same effect as to such person while in this state	121625
as in the state in which the court entering such judgment or	121626
making such order is situated, provided that no nonresident	121627
ordered to a veterans' administration facility located in Ohio	121628
shall thereby acquire a legal settlement in Ohio.	121629

Upon receipt of a certificate that facilities are available	121630
in any such hospital operated by the United States for the care or	121631
treatment of any person ordered to any hospital for the mentally	121632
ill or other hospital in this state for the care of persons	121633
similarly afflicted, and that such person is eligible for such	121634
care or treatment, such department may transfer any such person to	121635
the veterans' administration or other agency of the United States	121636
in the state. Upon effecting any such transfer, the ordering court	121637
shall be notified thereof by the transferring agency; provided	121638
that no such person shall be transferred if hethe person is	121639
confined pursuant to conviction of any crime or misdemeanor, or if	121640
hethe person has been acquitted of any such charge solely on the	121641
ground of insanity, unless prior to such transfer the court	121642
originally ordering such person enters an order for such transfer	121643
after appropriate motion and hearing.	121644

Any person transferred as provided in this section is ordered	121645
to the veterans' administration or other agency of the United	121646
States pursuant to the original order as though hethe person had	121647
been originally so ordered.	121648

Sec. 5910.02. There is hereby created an Ohio war orphans	121649
scholarship board as part of the department of veterans services.	121650
The board consists of eight members as follows: the chancellor of	121651
the Ohio board of regents or the chancellor's designee; the	121652
director of veterans services or the director's designee; one	121653
member of the house of representatives, appointed by the speaker;	121654
one member of the senate, appointed by the president of the	121655
senate; and four members appointed by the governor, one of whom	121656
shall be a representative of the American Legion, one of whom	121657
shall be a representative of the Veterans of Foreign Wars, one of	121658
whom shall be a representative of the Disabled American Veterans,	121659
and one of whom shall be a representative of the AMVETS. At least	121660
ninety days prior to the expiration of the term of office of the	121661
representative of a veterans organization appointed by the	121662
governor, the governor shall notify the state headquarters of the	121663
affected organization of the need for an appointment and request	121664
the organization to make at least three nominations. Within sixty	121665
days after making the request for nominations, the governor may	121666
make the appointment from the nominations received, or may reject	121667
all the nominations and request at least three new nominations,	121668
from which the governor shall make an appointment within thirty	121669
days after making the request for the new nominations. If the	121670
governor receives no nominations during this thirty-day period,	121671
the governor may appoint any veteran.	121672

Terms of office for the four members appointed by the	121673
governor shall be for four years, commencing on the first day of	121674
January and ending on the thirty-first day of December, except	121675
that the term of the AMVETS representative shall expire December	121676
31, 1998, and the new term that succeeds it shall commence on	121677
January 1, 1999, and end on December 31, 2002. Each member shall	121678
hold office from the date of the member's appointment until the	121679
end of the term for which the member was appointed. The other	121680
members shall serve during their terms of office. Any vacancy	121681
shall be filled by appointment in the same manner as by original	121682
appointment. Any member appointed to fill a vacancy occurring	121683
prior to the expiration of the term for which the member's	121684
predecessor was appointed shall hold office for the remainder of	121685
such term. Any appointed member shall continue in office	121686
subsequent to the expiration date of the member's term until the	121687
member's successor takes office, or until a period of sixty days	121688
has elapsed, whichever occurs first. The members of the board	121689
shall serve without pay but shall be reimbursed for travel	121690
expenses and for other actual and necessary expenses incurred in	121691
the performance of their duties, not to exceed ten dollars per day	121692
for ten days in any one year to be appropriated out of any moneys	121693
in the state treasury to the credit of the general revenue fund.	121694

The chancellor of the board of regents shall act as secretary	121695
to the board and shall furnish such clerical and other assistance	121696
as may be necessary to the performance of the duties of the board.	121697

The board shall determine the number of scholarships to be	121698
made available, receive applications for scholarships, pass upon	121699
the eligibility of applicants, decide which applicants are to	121700
receive scholarships, and do all other things necessary for the	121701
proper administration of this chapter.	121702

The board may apply for, and may receive and accept, grants,	121703
and may receive and accept gifts, bequests, and contributions,	121704
from public and private sources, including agencies and	121705
instrumentalities of the United States and this state, and shall	121706
deposit the grants, gifts, bequests, or contributions into the	121707
Ohio war orphans scholarship donation fund.	121708

Sec. 5910.07. The Ohio war orphans scholarship donation fund	121709
is created in the state treasury. The fund shall consist of gifts,	121710
bequests, grants, and contributions made to the fund under section	121711
5910.02 of the Revised Code. Investment earnings of the fund shall	121712
be deposited into the fund. The fund shall be used to operate the	121713
war orphans scholarship program and to provide grants under	121714
sections 5910.01 to 5910.06 of the Revised Code.	121715

Sec. 5910.08. There is hereby created in the state treasury	121716
the war orphans scholarship reserve fund. Not later than the first	121717
day of July of each fiscal year, the chancellor of the Ohio board	121718
of regents shall certify to the director of budget and management	121719
the unencumbered balance of the general revenue fund	121720
appropriations made in the immediately preceding fiscal year for	121721
purposes of the war orphans scholarship program created in Chapter	121722
5910. of the Revised Code. Upon receipt of the certification, the	121723
director may transfer an amount not exceeding the certified amount	121724
from the general revenue fund to the war orphans scholarship	121725
reserve fund. Moneys in the war orphans scholarship reserve fund	121726
shall be used to pay scholarship obligations in excess of the	121727
general revenue fund appropriations made for that purpose.	121728

The director may transfer any unencumbered balance from the	121729
war orphans scholarship reserve fund to the general revenue fund.	121730

Sec. 5919.34. (A) As used in this section:

121731

(1) "Academic term" means any one of the following:

121732

(a) Fall term, which consists of fall semester or fall	121733
quarter, as appropriate;	121734

(b) Winter term, which consists of winter semester, winter	121735
quarter, or spring semester, as appropriate;	121736

121737

(d) Summer term, which consists of summer semester or summer	121738
quarter, as appropriate.	121739

(2) "Eligible applicant" means any individual to whom all of	121740
the following apply:	121741

(a) The individual does not possess a baccalaureate degree.

121742

(b) The individual has enlisted, re-enlisted, or extended	121743
current enlistment in the Ohio national guard or is an individual	121744
to which division (F) of this section applies.	121745

(c) The individual is actively enrolled as a full-time or	121746
part-time student for at least three credit hours of course work	121747
in a semester or quarter in a two-year or four-year	121748
degree-granting program at a state institution of higher education	121749
or a private institution of higher education, or in a	121750
diploma-granting program at a state or private institution of	121751
higher education that is a school of nursing.	121752

(d) The individual has not accumulated ninety-six eligibility	121753
units under division (E) of this section.	121754

(3) "State institution of higher education" means any state	121755
university or college as defined in division (A)(1) of section	121756
3345.12 of the Revised Code, community college established under	121757
Chapter 3354. of the Revised Code, state community college	121758
established under Chapter 3358. of the Revised Code, university	121759
branch established under Chapter 3355. of the Revised Code, or	121760
technical college established under Chapter 3357. of the Revised	121761
Code.	121762

(4) "Private institution of higher education" means an Ohio	121763
institution of higher education that is nonprofit and has received	121764
a certificate of authorization pursuant to Chapter 1713. of the	121765
Revised Code, that is a private institution exempt from regulation	121766
under Chapter 3332. of the Revised Code as prescribed in section	121767
3333.046 of the Revised Code, or that holds a certificate of	121768
registration and program authorization issued by the state board	121769
of career colleges and schools pursuant to section 3332.05 of the	121770
Revised Code.	121771

(5) "Tuition" means the charges imposed to attend an	121772
institution of higher education and includes general and	121773
instructional fees. "Tuition" does not include laboratory fees,	121774
room and board, or other similar fees and charges.	121775

(B) There is hereby created a scholarship program to be known	121776
as the Ohio national guard scholarship program.	121777

(C) The adjutant general shall approve scholarships for all	121778
eligible applicants. The adjutant general shall process all	121779
applications for scholarships for each academic term in the order	121780
in which they are received. The scholarships shall be made without	121781
regard to financial need. At no time shall one person be placed in	121782
priority over another because of sex, race, or religion.	121783

(D)(1) Except as provided in divisions (I) and (J) of this	121784
section, for each academic term that an eligible applicant is	121785
approved for a scholarship under this section and either remains a	121786
current member in good standing of the Ohio national guard or is	121787
eligible for a scholarship under division (F)(1) of this section,	121788
the institution of higher education in which the applicant is	121789
enrolled shall, if the applicant's enlistment obligation extends	121790
beyond the end of that academic term or if division (F)(1) of this	121791
section applies, be paid on the applicant's behalf the applicable	121792
one of the following amounts:	121793

(a) If the institution is a state institution of higher	121794
education, an amount equal to one hundred per cent of the	121795
institution's tuition charges;	121796

(b) If the institution is a nonprofit private institution or	121797
a private institution exempt from regulation under Chapter 3332.	121798
of the Revised Code as prescribed in section 3333.046 of the	121799
Revised Code, an amount equal to one hundred per cent of the	121800
average tuition charges of all state universities;	121801

(c) If the institution is an institution that holds a	121802
certificate of registration from the state board of career	121803
colleges and schools, the lesser of the following:	121804

(i) An amount equal to one hundred per cent of the	121805
institution's tuition;	121806

(ii) An amount equal to one hundred per cent of the average	121807
tuition charges of all state universities, as that term is defined	121808
in section 3345.011 of the Revised Code.	121809

(2) An eligible applicant's scholarship shall not be reduced	121810
by the amount of that applicant's benefits under "the Montgomery	121811
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	121812

(E) A scholarship recipient under this section shall be	121813
entitled to receive scholarships under this section for the number	121814
of quarters or semesters it takes the recipient to accumulate	121815
ninety-six eligibility units as determined under divisions (E)(1)	121816
to (3) of this section.	121817

(1) To determine the maximum number of semesters or quarters	121818
for which a recipient is entitled to a scholarship under this	121819
section, the adjutant general shall convert a recipient's credit	121820
hours of enrollment for each academic term into eligibility units	121821
in accordance with the following table:	121822

		The			121823
Number of		following		The following	121824
credit hours		number of		number of	121825
of enrollment		eligibility		eligibility	121826
in an academic		units if a		units if a	121827
term	equals	semester	or	quarter	121828
					121829
12 or more hours		12 units		8 units	121830
9 but less than 12		9 units		6 units	121831
6 but less than 9		6 units		4 units	121832
3 but less than 6		3 units		2 units	121833

(2) A scholarship recipient under this section may continue	121834
to apply for scholarships under this section until the recipient	121835
has accumulated ninety-six eligibility units.	121836

(3) If a scholarship recipient withdraws from courses prior	121837
to the end of an academic term so that the recipient's enrollment	121838
for that academic term is less than three credit hours, no	121839
scholarship shall be paid on behalf of that person for that	121840
academic term. Except as provided in division (F)(3) of this	121841
section, if a scholarship has already been paid on behalf of the	121842
person for that academic term, the adjutant general shall add to	121843
that person's accumulated eligibility units the number of	121844
eligibility units for which the scholarship was paid.	121845

(F) This division applies to any eligible applicant called	121846
into active duty on or after September 11, 2001. As used in this	121847
division, "active duty" means active duty pursuant to an executive	121848
order of the president of the United States, an act of the	121849
congress of the United States, or section 5919.29 or 5923.21 of	121850
the Revised Code.	121851

(1) For a period of up to five years from when an	121852
individual's enlistment obligation in the Ohio national guard	121853
ends, an individual to whom this division applies is eligible for	121854
scholarships under this section for those academic terms that were	121855
missed or could have been missed as a result of the individual's	121856
call into active duty. Scholarships shall not be paid for the	121857
academic term in which an eligible applicant's enlistment	121858
obligation ends unless an applicant is eligible under this	121859
division for a scholarship for such academic term due to previous	121860
active duty.	121861

(2) When an individual to whom this division applies	121862
withdraws or otherwise fails to complete courses, for which	121863
scholarships have been awarded under this section, because the	121864
individual was called into active duty, the institution of higher	121865
education shall grant the individual a leave of absence from the	121866
individual's education program and shall not impose any academic	121867
penalty for such withdrawal or failure to complete courses.	121868
Division (F)(2) of this section applies regardless of whether or	121869
not the scholarship amount was paid to the institution of higher	121870
education.	121871

(3) If an individual to whom this division applies withdraws	121872
or otherwise fails to complete courses because the individual was	121873
called into active duty, and if scholarships for those courses	121874
have already been paid, either:	121875

(a) The adjutant general shall not add to that person's	121876
accumulated eligibility units calculated under division (E) of	121877
this section the number of eligibility units for the academic	121878
courses or term for which the scholarship was paid and the	121879
institution of higher education shall repay the scholarship amount	121880
to the state.	121881

(b) The adjutant general shall add to that individual's	121882
accumulated eligibility units calculated under division (E) of	121883
this section the number of eligibility units for the academic	121884
courses or term for which the scholarship was paid if the	121885
institution of higher education agrees to permit the individual to	121886
complete the remainder of the academic courses in which the	121887
individual was enrolled at the time the individual was called into	121888
active duty.	121889

(4) No individual who is discharged from the Ohio national	121890
guard under other than honorable conditions shall be eligible for	121891
scholarships under this division.	121892

(G) A scholarship recipient under this section who fails to	121893
complete the term of enlistment, re-enlistment, or extension of	121894
current enlistment the recipient was serving at the time a	121895
scholarship was paid on behalf of the recipient under this section	121896
is liable to the state for repayment of a percentage of all Ohio	121897
national guard scholarships paid on behalf of the recipient under	121898
this section, plus interest at the rate of ten per cent per annum	121899
calculated from the dates the scholarships were paid. This	121900
percentage shall equal the percentage of the current term of	121901
enlistment, re-enlistment, or extension of enlistment a recipient	121902
has not completed as of the date the recipient is discharged from	121903
the Ohio national guard.	121904

The attorney general may commence a civil action on behalf of	121905
the chancellor of the Ohio board of regents to recover the amount	121906
of the scholarships and the interest provided for in this division	121907
and the expenses incurred in prosecuting the action, including	121908
court costs and reasonable attorney's fees. A scholarship	121909
recipient is not liable under this division if the recipient's	121910
failure to complete the term of enlistment being served at the	121911
time a scholarship was paid on behalf of the recipient under this	121912
section is due to the recipient's death or discharge from the	121913
national guard due to disability.	121914

(H) On or before the first day of each academic term, the	121915
adjutant general shall provide an eligibility roster to the	121916
chancellor and to each institution of higher education at which	121917
one or more scholarship recipients have applied for enrollment.	121918
The institution shall use the roster to certify the actual	121919
full-time or part-time enrollment of each scholarship recipient	121920
listed as enrolled at the institution and return the roster to the	121921
adjutant general and the chancellor. Except as provided in	121922
division (J) of this section, the chancellor shall provide for	121923
payment of the appropriate number and amount of scholarships to	121924
each institution of higher education pursuant to division (D) of	121925
this section. If an institution of higher education fails to	121926
certify the actual enrollment of a scholarship recipient listed as	121927
enrolled at the institution within thirty days of the end of an	121928
academic term, the institution shall not be eligible to receive	121929
payment from the Ohio national guard scholarship program or from	121930
the individual enrollee. The adjutant general shall report on a	121931
semiannual basis to the director of budget and management, the	121932
speaker of the house of representatives, the president of the	121933
senate, and the chancellor the number of Ohio national guard	121934
scholarship recipients, the size of the scholarship-eligible	121935
population, and a projection of the cost of the program for the	121936
remainder of the biennium.	121937

(I) The chancellor and the adjutant general may adopt rules	121938
pursuant to Chapter 119. of the Revised Code governing the	121939
administration and fiscal management of the Ohio national guard	121940
scholarship program and the procedure by which the chancellor and	121941
the department of the adjutant general may modify the amount of	121942
scholarships a member receives based on the amount of other state	121943
financial aid a member receives.	121944

(J) The adjutant general, the chancellor, and the director,	121945
or their designees, shall jointly estimate the costs of the Ohio	121946
national guard scholarship program for each upcoming fiscal	121947
biennium, and shall report that estimate prior to the beginning of	121948
the fiscal biennium to the chairpersons of the finance committees	121949
in the general assembly. During each fiscal year of the biennium,	121950
the adjutant general, the chancellor, and the director, or their	121951
designees, shall meet regularly to monitor the actual costs of the	121952
Ohio national guard scholarship program and update cost	121953
projections for the remainder of the biennium as necessary. If the	121954
amounts appropriated for the Ohio national guard scholarship	121955
program and any funds in the Ohio national guard scholarship	121956
reserve fund and the Ohio national guard scholarship donation fund	121957
are not adequate to provide scholarships in the amounts specified	121958
in division (D)(1) of this section for all eligible applicants,	121959
the chancellor shall do all of the following:	121960

(1) Notify each private institution of higher education,	121961
where a scholarship recipient is enrolled, that, by accepting the	121962
Ohio national guard scholarship program as payment for all or part	121963
of the institution's tuition, the institution agrees that if the	121964
chancellor reduces the amount of each scholarship, the institution	121965
shall provide each scholarship recipient a grant or tuition waiver	121966
in an amount equal to the amount the recipient's scholarship was	121967
reduced by the chancellor.	121968

(2) Reduce the amount of each scholarship under division	121969
(D)(1)(a) of this section proportionally based on the amount of	121970
remaining available funds. Each state institution of higher	121971
education shall provide each scholarship recipient under division	121972
(D)(1)(a) of this section a grant or tuition waiver in an amount	121973
equal to the amount the recipient's scholarship was reduced by the	121974
chancellor.	121975

(K) Notwithstanding division (A) of section 127.14 of the	121976
Revised Code, the controlling board shall not transfer all or part	121977
of any appropriation for the Ohio national guard scholarship	121978
program.	121979

(L) The chancellor and the adjutant general may apply for,	121980
and may receive and accept grants, and may receive and accept	121981
gifts, bequests, and contributions, from public and private	121982
sources, including agencies and instrumentalities of the United	121983
States and this state, and shall deposit the grants, gifts,	121984
bequests, or contributions into the national guard scholarship	121985
~~reserve~~donation fund.	121986

Sec. 5919.342. The national guard scholarship donation fund	121987
is created in the state treasury. The fund shall consist of gifts,	121988
bequests, grants, and contributions made to the fund under	121989
division (L) of section 5919.34 of the Revised Code. Investment	121990
earnings of the fund shall be deposited into the fund. The fund	121991
shall be used to operate the Ohio national guard scholarship	121992
program created under section 5919.34 of the Revised Code.	121993

Sec. 5924.502. (A) If the issue of an accused's competence	121994
to stand trial is raised or if an accused enters a plea of not	121995
guilty by reason of insanity, the court may order one or more	121996
evaluations of the accused's present mental condition or, in the	121997
case of a plea of not guilty by reason of insanity, of the	121998
accused's mental condition at the time of the offense charged. An	121999
examiner shall conduct the evaluation.	122000

(B) If the court orders more than one evaluation under	122001
division (A) of this section, the trial counsel and the defense	122002
counsel may recommend to the court an examiner whom each prefers	122003
to perform one of the evaluations. If an accused enters a plea of	122004
not guilty by reason of insanity and if the court does not	122005
designate an examiner recommended by the defense counsel, the	122006
court shall inform the accused that the accused may have	122007
independent expert evaluation and that it will be obtained for the	122008
accused at public expense.	122009

(C) If the court orders an evaluation under division (A) of	122010
this section, the accused shall be available at the times and	122011
places established by the examiners who are to conduct the	122012
evaluation. The court may order an accused who is not being held	122013
in pretrial confinement to submit to an evaluation under this	122014
section. If an accused who is not being held in pretrial	122015
confinement refuses to submit to a complete evaluation, the court	122016
may order the sheriff to take the accused into custody and deliver	122017
the accused to a center, program, or facility operated or	122018
certified by the department of ~~mental health~~mental health and	122019
addiction services where the accused may be held for evaluation	122020
for a reasonable period of time not to exceed twenty days.	122021

(D) An accused who is being held in pretrial confinement may	122022
be evaluated at the accused's place of detention. Upon the request	122023
of the examiner, the court may order the sheriff to transport the	122024
accused to a program or facility operated or certified by the	122025
department of ~~mental health~~mental health and addiction services,	122026
where the accused may be held for evaluation for a reasonable	122027
period of time not to exceed twenty days, and to return the	122028
accused to the place of detention after the evaluation.	122029

(E) If a court orders the evaluation to determine an	122030
accused's mental condition at the time of the offense charged, the	122031
court shall inform the examiner of the offense with which the	122032
accused is charged.	122033

(F) In conducting an evaluation of an accused's mental	122034
condition at the time of the offense charged, the examiner shall	122035
consider all relevant evidence. If the offense charged involves	122036
the use of force against another person, the relevant evidence to	122037
be considered includes, but is not limited to, any evidence that	122038
the accused suffered at the time of the commission of the offense	122039
from the "battered woman syndrome."	122040

(G) The examiner shall file a written report with the court	122041
within thirty days after entry of a court order for evaluation,	122042
and the court shall provide copies of the report to the trial	122043
counsel and defense counsel. The report shall include all of the	122044
following:	122045

(1) The examiner's findings;

122046

(2) The facts in reasonable detail on which the findings are	122047
based;	122048

(3) If the evaluation was ordered to determine the accused's	122049
competence to stand trial, all of the following findings or	122050
recommendations that are applicable:	122051

(a) Whether the accused is capable of understanding the	122052
nature and objective of the proceedings against the accused or of	122053
assisting in the accused's defense;	122054

(b) If the examiner's opinion is that the accused is	122055
incapable of understanding the nature and objective of the	122056
proceedings against the accused or of assisting in the accused's	122057
defense, whether the accused presently is mentally ill;	122058

(c) If the examiner's opinion is that the accused is	122059
incapable of understanding the nature and objective of the	122060
proceedings against the accused or of assisting in the accused's	122061
defense, the examiner's opinion as to the likelihood of the	122062
accused becoming capable of understanding the nature and objective	122063
of the proceedings against the accused and of assisting in the	122064
accused's defense within one year if the accused is provided with	122065
a course of treatment;	122066

(d) If the examiner's opinion is that the accused is	122067
incapable of understanding the nature and objective of the	122068
proceedings against the accused or of assisting in the accused's	122069
defense and that the accused presently is mentally ill, the	122070
examiner's recommendation as to the least restrictive placement or	122071
commitment alternative, consistent with the accused's treatment	122072
needs for restoration to competency and with the safety of the	122073
community;	122074

(e) If the accused is charged before a special or summary	122075
court-martial with an offense that is not a violation of section	122076
5924.120, 5924.127, or 5924.128 of the Revised Code and the	122077
examiner's opinion is that the accused is incapable of	122078
understanding the nature and objective of the proceedings against	122079
the accused or of assisting in the accused's defense and that the	122080
accused is presently mentally ill, the examiner's recommendation	122081
as to whether the accused is amenable to engagement in mental	122082
health treatment.	122083

(4) If the evaluation was ordered to determine the accused's	122084
mental condition at the time of the offense charged, the	122085
examiner's findings as to whether the accused at the time of the	122086
offense charged did not know, as a result of a severe mental	122087
disease or defect, the wrongfulness of the accused's acts charged.	122088

(H) An examiner appointed under divisions (A) and (B) of this	122089
section to evaluate an accused to determine the accused's	122090
competence to stand trial also may be appointed to evaluate an	122091
accused who has entered a plea of not guilty by reason of	122092
insanity, but an examiner of that nature shall prepare separate	122093
reports on the issue of competence to stand trial and the defense	122094
of not guilty by reason of insanity.	122095

(I) No statement that an accused makes in an evaluation or	122096
hearing under divisions (A) to (H) of this section relating to the	122097
accused's competence to stand trial or to the accused's mental	122098
condition at the time of the offense charged may be used against	122099
the accused on the issue of guilt in any criminal action or	122100
proceeding, but, in a criminal action or proceeding, the trial	122101
counsel or defense counsel may call as a witness any person who	122102
evaluated the accused or prepared a report pursuant to a referral	122103
under this section. Neither the appointment nor the testimony of	122104
an examiner appointed under this section precludes the trial	122105
counsel or defense counsel from calling other witnesses or	122106
presenting other evidence on competency or insanity issues.	122107

(J) Persons appointed as examiners under divisions (A) and	122108
(B) of this section or under division (H) of this section shall be	122109
paid a reasonable amount for their services and expenses, as	122110
certified by the court.	122111

Sec. 5924.503. (A) If the issue of an accused's competence	122112
to stand trial is raised and if the court, upon conducting the	122113
hearing provided for in section 5924.502 of the Revised Code,	122114
finds that the accused is competent to stand trial, the accused	122115
shall be proceeded against as provided by law. If the court finds	122116
the accused competent to stand trial and the accused is receiving	122117
psychotropic drugs or other medication, the court may authorize	122118
the continued administration of the drugs or medication or other	122119
appropriate treatment in order to maintain the accused's	122120
competence to stand trial unless the accused's attending physician	122121
advises the court against continuation of the drugs, other	122122
medication, or treatment.	122123

(B)(1)(a) If, after taking into consideration all relevant	122124
reports, information, and other evidence, the court finds that the	122125
accused is incompetent to stand trial and that there is a	122126
substantial probability that the accused will become competent to	122127
stand trial within one year if the accused is provided with a	122128
course of treatment, the court shall order the accused to undergo	122129
treatment. If the accused is being tried by a general	122130
court-martial and if, after taking into consideration all relevant	122131
reports, information, and other evidence, the court finds that the	122132
accused is incompetent to stand trial, but the court is unable at	122133
that time to determine whether there is a substantial probability	122134
that the accused will become competent to stand trial within one	122135
year if the accused is provided with a course of treatment, the	122136
court shall order continuing evaluation and treatment of the	122137
accused for a period not to exceed four months to determine	122138
whether there is a substantial probability that the accused will	122139
become competent to stand trial within one year if the accused is	122140
provided with a course of treatment.	122141

(b) The court order for the accused to undergo treatment or	122142
continuing evaluation and treatment under division (B)(1)(a) of	122143
this section shall specify that the accused, if determined to	122144
require mental health treatment or continuing evaluation and	122145
treatment, shall be committed to the department of ~~mental health~~	122146
mental health and addiction services for treatment or continuing	122147
evaluation and treatment at a hospital, facility, or agency	122148
determined to be clinically appropriate by the department of	122149
~~mental health~~mental health and addiction services. The order may	122150
restrict the accused's freedom of movement as the court considers	122151
necessary. The trial counsel in the accused's case shall send to	122152
the chief clinical officer of the hospital, facility, or ~~agency~~	122153
services provider where the accused is placed by the department of	122154
~~mental health~~mental health and addiction services or to the	122155
managing officer of the institution, the director of the facility,	122156
or the person to which the accused is committed copies of relevant	122157
investigative reports and other background information that	122158
pertains to the accused and is available to the trial counsel	122159
unless the trial counsel determines that the release of any of the	122160
information in the investigative reports or any of the other	122161
background information to unauthorized persons would interfere	122162
with the effective prosecution of any person or would create a	122163
substantial risk of harm to any person.	122164

In committing the accused to the department of ~~mental health~~	122165
mental health and addiction services, the court shall consider the	122166
extent to which the person is a danger to the person and to	122167
others, the need for security, and the type of crime involved and,	122168
if the court finds that restrictions on the accused's freedom of	122169
movement are necessary, shall specify the least restrictive	122170
limitations on the person's freedom of movement determined to be	122171
necessary to protect public safety. In weighing these factors, the	122172
court shall give preference to protecting public safety.	122173

(c) If the accused is found incompetent to stand trial, if	122174
the chief clinical officer of the hospital, facility, or ~~agency~~	122175
services provider where the accused is placed, or the managing	122176
officer of the institution, the director of the facility, or the	122177
person to which the accused is committed for treatment or	122178
continuing evaluation and treatment under division (B)(1)(b) of	122179
this section determines that medication is necessary to restore	122180
the accused's competency to stand trial, and if the accused lacks	122181
the capacity to give informed consent or refuses medication, the	122182
chief clinical officer of the hospital, facility, or ~~agency~~	122183
services provider where the accused is placed or the managing	122184
officer of the institution, the director of the facility, or the	122185
person to which the accused is committed for treatment or	122186
continuing evaluation and treatment may petition the court for	122187
authorization for the involuntary administration of medication.	122188
The court shall hold a hearing on the petition within five days of	122189
the filing of the petition. Following the hearing, the court may	122190
authorize the involuntary administration of medication or may	122191
dismiss the petition.	122192

(d) If the accused is charged before a special or summary	122193
court-martial with an offense that is not a violation of section	122194
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	122195
counsel may hold the charges in abeyance while the accused engages	122196
in mental health treatment.	122197

(2) If the court finds that the accused is incompetent to	122198
stand trial and that, even if the accused is provided with a	122199
course of treatment, there is not a substantial probability that	122200
the accused will become competent to stand trial within one year,	122201
the court shall order the discharge of the accused, unless upon	122202
motion of the trial counsel or on its own motion, the court either	122203
seeks to retain jurisdiction over the accused pursuant to division	122204
(A)(2) of section 5924.504 of the Revised Code or files an	122205
affidavit in the probate court for the civil commitment of the	122206
accused pursuant to Chapter 5122. of the Revised Code alleging	122207
that the accused is a mentally ill person subject to	122208
hospitalization by court order. If an affidavit is filed in the	122209
probate court, the trial court shall send to the probate court	122210
copies of all written reports of the accused's mental condition	122211
that were prepared pursuant to section 5924.502 of the Revised	122212
Code.	122213

The trial court may issue the temporary order of detention	122214
that a probate court may issue under section 5122.11 of the	122215
Revised Code, to remain in effect until the probable cause or	122216
initial hearing in the probate court. Further proceedings in the	122217
probate court are civil proceedings governed by Chapter 5122. of	122218
the Revised Code.	122219

(C) No accused shall be required to undergo treatment,	122220
including any continuing evaluation and treatment, under division	122221
(B)(1) of this section for longer than whichever of the following	122222
periods is applicable:	122223

(1) One year, if the accused is being tried by a general	122224
court-martial;	122225

(2) Six months, if the accused is being tried before a	122226
special court-martial;	122227

(3) Sixty days, if the accused is being tried before a	122228
summary court-martial.	122229

(D) Any accused who is committed pursuant to this section	122230
shall not voluntarily admit the accused or be voluntarily admitted	122231
to a hospital or institution pursuant to section 5122.02 or	122232
5122.15 of the Revised Code.	122233

(E) Except as otherwise provided in this division, an accused	122234
who is charged with an offense and is committed by the court under	122235
this section to the department of ~~mental health~~mental health and	122236
addiction services with restrictions on the accused's freedom of	122237
movement shall not be granted unsupervised on-grounds movement,	122238
supervised off-grounds movement, or nonsecured status except in	122239
accordance with the court order. The court may grant an accused	122240
supervised off-grounds movement to obtain medical treatment or	122241
specialized habilitation treatment services if the person who	122242
supervises the treatment or the continuing evaluation and	122243
treatment of the accused ordered under division (B)(1)(a) of this	122244
section informs the court that the treatment or continuing	122245
evaluation and treatment cannot be provided at the hospital or	122246
facility where the accused is placed by the department of ~~mental~~	122247
~~health~~mental health and addiction services. The chief clinical	122248
officer of the hospital or facility where the accused is placed by	122249
the department of ~~mental health~~mental health and addiction	122250
services or the managing officer of the institution or director of	122251
the facility to which the accused is committed or a designee of	122252
any of those persons may grant an accused movement to a medical	122253
facility for an emergency medical situation with appropriate	122254
supervision to ensure the safety of the accused, staff, and	122255
community during that emergency medical situation. The chief	122256
clinical officer of the hospital or facility where the accused is	122257
placed by the department of ~~mental health~~mental health and	122258
addiction services or the managing officer of the institution or	122259
director of the facility to which the accused is committed shall	122260
notify the court within twenty-four hours of the accused's	122261
movement to the medical facility for an emergency medical	122262
situation under this division.	122263

(F) The person who supervises the treatment or continuing	122264
evaluation and treatment of an accused ordered to undergo	122265
treatment or continuing evaluation and treatment under division	122266
(B)(1)(a) of this section shall file a written report with the	122267
court at the following times:	122268

(1) Whenever the person believes the accused is capable of	122269
understanding the nature and objective of the proceedings against	122270
the accused and of assisting in the accused's defense;	122271

(2) Fourteen days before expiration of the maximum time for	122272
treatment as specified in division (C) of this section and	122273
fourteen days before the expiration of the maximum time for	122274
continuing evaluation and treatment as specified in division	122275
(B)(1)(a) of this section;	122276

(3) At a minimum, after each six months of treatment;

122277

(4) Whenever the person who supervises the treatment or	122278
continuing evaluation and treatment of an accused ordered under	122279
division (B)(1)(a) of this section believes that there is not a	122280
substantial probability that the accused will become capable of	122281
understanding the nature and objective of the proceedings against	122282
the accused or of assisting in the accused's defense even if the	122283
accused is provided with a course of treatment.	122284

(G) A report under division (F) of this section shall contain	122285
the examiner's findings, the facts in reasonable detail on which	122286
the findings are based, and the examiner's opinion as to the	122287
accused's capability of understanding the nature and objective of	122288
the proceedings against the accused and of assisting in the	122289
accused's defense. If, in the examiner's opinion, the accused	122290
remains incapable of understanding the nature and objective of the	122291
proceedings against the accused and of assisting in the accused's	122292
defense and there is a substantial probability that the accused	122293
will become capable of understanding the nature and objective of	122294
the proceedings against the accused and of assisting in the	122295
accused's defense if the accused is provided with a course of	122296
treatment, if in the examiner's opinion the accused remains	122297
mentally ill, and if the maximum time for treatment as specified	122298
in division (C) of this section has not expired, the report also	122299
shall contain the examiner's recommendation as to the least	122300
restrictive placement or commitment alternative that is consistent	122301
with the accused's treatment needs for restoration to competency	122302
and with the safety of the community. The court shall provide	122303
copies of the report to the trial counsel and defense counsel.	122304

(H) If an accused is committed pursuant to division (B)(1) of	122305
this section, within ten days after the treating physician of the	122306
accused or the examiner of the accused who is employed or retained	122307
by the treating facility advises that there is not a substantial	122308
probability that the accused will become capable of understanding	122309
the nature and objective of the proceedings against the accused or	122310
of assisting in the accused's defense even if the accused is	122311
provided with a course of treatment, within ten days after the	122312
expiration of the maximum time for treatment as specified in	122313
division (C) of this section, within ten days after the expiration	122314
of the maximum time for continuing evaluation and treatment as	122315
specified in division (B)(1)(a) of this section, within thirty	122316
days after an accused's request for a hearing that is made after	122317
six months of treatment, or within thirty days after being advised	122318
by the treating physician or examiner that the accused is	122319
competent to stand trial, whichever is the earliest, the court	122320
shall conduct another hearing to determine if the accused is	122321
competent to stand trial and shall do whichever of the following	122322
is applicable:	122323

(1) If the court finds that the accused is competent to stand	122324
trial, the accused shall be proceeded against as provided by law.	122325

(2) If the court finds that the accused is incompetent to	122326
stand trial, but that there is a substantial probability that the	122327
accused will become competent to stand trial if the accused is	122328
provided with a course of treatment, and the maximum time for	122329
treatment as specified in division (C) of this section has not	122330
expired, the court, after consideration of the examiner's	122331
recommendation, shall order that treatment be continued, may	122332
change least restrictive limitations on the accused's freedom of	122333
movement.	122334

(3) If the court finds that the accused is incompetent to	122335
stand trial, if the accused is being tried by a general	122336
court-martial, and if the court finds that there is not a	122337
substantial probability that the accused will become competent to	122338
stand trial even if the accused is provided with a course of	122339
treatment, or if the maximum time for treatment as specified in	122340
division (C) of this section has expired, further proceedings	122341
shall be as provided in sections 5924.504 to 5924.506 of the	122342
Revised Code.	122343

(4) If the court finds that the accused is incompetent to	122344
stand trial, if the accused is being tried before a special	122345
court-martial, and if the court finds that there is not a	122346
substantial probability that the accused will become competent to	122347
stand trial even if the accused is provided with a course of	122348
treatment, or if the maximum time for treatment as specified in	122349
division (C) of this section has expired, the court shall dismiss	122350
the charge against the accused. A dismissal under this division is	122351
not a bar to further prosecution based on the same conduct. The	122352
court shall discharge the accused unless the court or trial	122353
counsel files an affidavit in probate court for civil commitment	122354
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	122355
civil commitment is filed, the court may detain the accused for	122356
ten days pending civil commitment. All of the following provisions	122357
apply to persons being tried by a special court-martial who are	122358
committed by the probate court subsequent to the court's or trial	122359
counsel's filing of an affidavit for civil commitment under	122360
authority of this division:	122361

(a) The chief clinical officer of the entity, hospital, or	122362
facility, the managing officer of the institution, or the person	122363
to which the accused is committed or admitted shall do all of the	122364
following:	122365

(i) Notify the trial counsel in writing of the discharge of	122366
the accused, send the notice at least ten days prior to the	122367
discharge unless the discharge is by the probate court, and state	122368
in the notice the date on which the accused will be discharged;	122369

(ii) Notify the trial counsel in writing when the accused is	122370
absent without leave or is granted unsupervised, off-grounds	122371
movement and send this notice promptly after the discovery of the	122372
absence without leave or prior to the granting of the	122373
unsupervised, off-grounds movement, whichever is applicable;	122374

(iii) Notify the trial counsel in writing of the change of	122375
the accused's commitment or admission to voluntary status, send	122376
the notice promptly upon learning of the change to voluntary	122377
status, and state in the notice the date on which the accused was	122378
committed or admitted on a voluntary status.	122379

(b) The trial counsel shall promptly inform the convening	122380
authority of any notification received under division (H)(4)(a) of	122381
this section. Upon receiving notice that the accused will be	122382
granted unsupervised, off-grounds movement, the convening	122383
authority either shall refer the charges against the accused to an	122384
investigating officer again or promptly notify the court that the	122385
convening authority does not intend to refer the charges against	122386
the accused again.	122387

(I) If an accused is convicted of a crime and sentenced to	122388
confinement, the accused's sentence shall be reduced by the total	122389
number of days the accused is confined for evaluation to determine	122390
the accused's competence to stand trial or treatment under this	122391
section and sections 5924.502 and 5924.504 of the Revised Code or	122392
by the total number of days the accused is confined for evaluation	122393
to determine the accused's mental condition at the time of the	122394
offense charged.	122395

Sec. 5924.504. (A) If an accused being tried by a general	122396
court-martial is found incompetent to stand trial, after the	122397
expiration of the maximum time for treatment as specified in	122398
division (C) of section 5924.503 of the Revised Code or after the	122399
court finds that there is not a substantial probability that the	122400
accused will become competent to stand trial even if the accused	122401
is provided with a course of treatment, one of the following	122402
applies:	122403

(1) The court or the trial counsel may file an affidavit in	122404
probate court for civil commitment of the accused in the manner	122405
provided in Chapter 5122. of the Revised Code. If the court or	122406
trial counsel files an affidavit for civil commitment, the court	122407
may detain the accused for ten days pending civil commitment. If	122408
the probate court commits the accused subsequent to the court's or	122409
trial counsel's filing of an affidavit for civil commitment, the	122410
chief clinical officer of the entity, hospital, or facility, the	122411
managing officer of the institution, or the person to which the	122412
accused is committed or admitted shall send to the trial counsel	122413
the notices described in divisions (H)(4)(a)(i) to (iii) of	122414
section 5924.503 of the Revised Code within the periods of time	122415
and under the circumstances specified in those divisions.	122416

(2) On the motion of the trial counsel or on its own motion,	122417
the court may retain jurisdiction over the accused if at a hearing	122418
the court finds both of the following by clear and convincing	122419
evidence:	122420

(a) The accused committed the offense with which the accused	122421
is charged.	122422

(b) The accused is a mentally ill person subject to	122423
hospitalization by court order.	122424

(B) In making its determination under division (A)(2) of this	122425
section as to whether to retain jurisdiction over the accused, the	122426
court may consider all relevant evidence, including, but not	122427
limited to, any relevant psychiatric, psychological, or medical	122428
testimony or reports, the acts constituting the offense charged,	122429
and any history of the accused that is relevant to the accused's	122430
ability to conform to the law.	122431

(C) If the court conducts a hearing as described in division	122432
(A)(2) of this section and if the court does not make both	122433
findings described in divisions (A)(2)(a) and (b) of this section	122434
by clear and convincing evidence, the court shall dismiss the	122435
charges against the accused. Upon the dismissal, the court shall	122436
discharge the accused unless the court or trial counsel files an	122437
affidavit in probate court for civil commitment of the accused	122438
pursuant to Chapter 5122. of the Revised Code. If the court or	122439
trial counsel files an affidavit for civil commitment, the court	122440
may order that the accused be detained for up to ten days pending	122441
the civil commitment. If the probate court commits the accused	122442
subsequent to the court's or trial counsel's filing of an	122443
affidavit for civil commitment, the chief clinical officer of the	122444
entity, hospital, or facility, the managing officer of the	122445
institution, or the person to which the accused is committed or	122446
admitted shall send to the trial counsel the notices described in	122447
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	122448
Code within the periods of time and under the circumstances	122449
specified in those divisions. A dismissal of charges under this	122450
division is not a bar to further criminal proceedings based on the	122451
same conduct.	122452

(D)(1) If the court conducts a hearing as described in	122453
division (A)(2) of this section and if the court makes the	122454
findings described in divisions (A)(2)(a) and (b) of this section	122455
by clear and convincing evidence, the court shall commit the	122456
accused, if determined to require mental health treatment, to the	122457
department of ~~mental health~~mental health and addiction services	122458
for treatment at a hospital, facility, or ~~agency~~services provider	122459
as determined clinically appropriate by the department of ~~mental~~	122460
~~health~~mental health and addiction services. In committing the	122461
accused to the department of ~~mental health~~mental health and	122462
addiction services, the court shall specify the least restrictive	122463
limitations on the accused's freedom of movement determined to be	122464
necessary to protect public safety.	122465

(2) If a court makes a commitment of an accused under	122466
division (D)(1) of this section, the trial counsel shall send to	122467
the hospital, facility, or ~~agency~~services provider where the	122468
accused is placed by the department of ~~mental health~~mental health	122469
and addiction services or to the accused's place of commitment all	122470
reports of the accused's current mental condition and, except as	122471
otherwise provided in this division, any other relevant	122472
information, including, but not limited to, a transcript of the	122473
hearing held pursuant to division (A)(2) of this section, copies	122474
of relevant investigative reports, and copies of any prior arrest	122475
and conviction records that pertain to the accused and that the	122476
trial counsel possesses. The trial counsel shall send the reports	122477
of the accused's current mental condition in every case of	122478
commitment, and, unless the trial counsel determines that the	122479
release of any of the other relevant information to unauthorized	122480
persons would interfere with the effective prosecution of any	122481
person or would create a substantial risk of harm to any person,	122482
the trial counsel also shall send the other relevant information.	122483

(3) If a court makes a commitment under division (D)(1) of	122484
this section, all further proceedings shall be in accordance with	122485
Chapter 5122. of the Revised Code.	122486

Sec. 5924.506. (A) If an accused person is found not guilty	122487
by reason of insanity, the verdict shall state that finding, and	122488
the trial court shall conduct a full hearing to determine whether	122489
the person is a mentally ill person subject to hospitalization by	122490
court order. Prior to the hearing, if the military judge believes	122491
that there is probable cause that the person found not guilty by	122492
reason of insanity is a mentally ill person subject to	122493
hospitalization by court order, the military judge may issue a	122494
temporary order of detention for that person to remain in effect	122495
for ten court days or until the hearing, whichever occurs first.	122496

Any person detained pursuant to a temporary order of	122497
detention issued under this division shall be held in a suitable	122498
facility, taking into consideration the place and type of	122499
confinement prior to and during trial.	122500

(B) The court shall hold the hearing under division (A) of	122501
this section to determine whether the person found not guilty by	122502
reason of insanity is a mentally ill person subject to	122503
hospitalization by court order within ten court days after the	122504
finding of not guilty by reason of insanity. Failure to conduct	122505
the hearing within the ten-day period shall cause the immediate	122506
discharge of the respondent, unless the judge grants a continuance	122507
for not longer than ten court days for good cause shown or for any	122508
period of time upon motion of the respondent.	122509

(C) If a person is found not guilty by reason of insanity,	122510
the person has the right to attend a hearing conducted pursuant to	122511
this section. At the hearing, the court shall inform the person	122512
that the person has all of the following rights:	122513

(1) The right to be represented by defense counsel or to	122514
retain civilian counsel, if the person so chooses;	122515

(2) The right to have independent expert evaluation;

122516

(3) The right to subpoena witnesses and documents, to present	122517
evidence on the person's behalf, and to cross-examine witnesses	122518
against the person;	122519

(4) The right to testify in the person's own behalf and to	122520
not be compelled to testify;	122521

(5) The right to have copies of any relevant medical or	122522
mental health document in the custody of the state or of any place	122523
of commitment other than a document for which the court finds that	122524
the release to the person of information contained in the document	122525
would create a substantial risk of harm to any person.	122526

(D) The hearing under division (A) of this section shall be	122527
open to the public, and the court shall conduct the hearing in	122528
accordance with regulations prescribed by the adjutant general.	122529
The court shall make and maintain a full transcript and record of	122530
the hearing proceedings. The court may consider all relevant	122531
evidence, including, but not limited to, any relevant psychiatric,	122532
psychological, or medical testimony or reports, the acts	122533
constituting the offense in relation to which the person was found	122534
not guilty by reason of insanity, and any history of the person	122535
that is relevant to the person's ability to conform to the law.	122536

(E) Upon completion of the hearing under division (A) of this	122537
section, if the court finds there is not clear and convincing	122538
evidence that the person is a mentally ill person subject to	122539
hospitalization by court order, the court shall discharge the	122540
person, unless a detainer has been placed upon the person by the	122541
department of rehabilitation and correction, in which case the	122542
person shall be returned to that department.	122543

(F) If, at the hearing under division (A) of this section,	122544
the court finds by clear and convincing evidence that the person	122545
is a mentally ill person subject to hospitalization by court	122546
order, it shall commit the person to the department of ~~mental~~	122547
~~health~~mental health and addiction services for placement in a	122548
hospital, facility, or ~~agency~~services provider as determined	122549
clinically appropriate by the department of ~~mental health~~mental	122550
health and addiction services. Further proceedings shall be in	122551
accordance with Chapter 5122. or 5123. of the Revised Code. In	122552
committing the accused to the department of ~~mental health~~mental	122553
health and addiction services, the court shall specify the least	122554
restrictive limitations on the accused's freedom of movement	122555
determined to be necessary to protect public safety.	122556

(G) If a court makes a commitment of a person under division	122557
(F) of this section, the trial counsel shall send to the hospital,	122558
facility, or ~~agency~~services provider where the defendant is	122559
placed by the department of ~~mental health~~mental health and	122560
addiction services or to the accused's place of commitment all	122561
reports of the person's current mental condition, and, except as	122562
otherwise provided in this division, any other relevant	122563
information, including, but not limited to, a transcript of the	122564
hearing held pursuant to division (A) of this section, copies of	122565
relevant investigative reports, and copies of any prior arrest and	122566
conviction records that pertain to the person and that the trial	122567
counsel possesses. The trial counsel shall send the reports of the	122568
person's current mental condition in every case of commitment,	122569
and, unless the trial counsel determines that the release of any	122570
of the other relevant information to unauthorized persons would	122571
interfere with the effective prosecution of any person or would	122572
create a substantial risk of harm to any person, the trial counsel	122573
also shall send the other relevant information.	122574

(H) A person who is committed pursuant to this section shall	122575
not voluntarily admit the person or be voluntarily admitted to a	122576
hospital or institution pursuant to sections 5122.02 and 5122.15	122577
of the Revised Code.	122578

Sec. 6109.21. (A) Except as provided in divisions (I) and	122579
(J) of this section, no person shall operate a public water system	122580
in this state without a license issued by the director of	122581
environmental protection.	122582

(B)~~(1)~~ A person who proposes to operate a new public water	122583
system, in addition to complying with section 6109.07 of the	122584
Revised Code and rules adopted under it, shall obtain an initial	122585
license from the director. The person shall submit an application	122586
for the initial license at least forty-five days prior to	122587
commencing the operation of the system.	122588

(C) A license shall expire on the thirtieth day of January in	122589
the year following its issuance.	122590

(D) A license shall be renewed annually. A person proposing	122591
to continue operating a public water system shall apply for a	122592
license renewal at least thirty days prior to the expiration date	122593
of the license.	122594

(E) ~~Through June 30, 2014, each~~Each application for a	122595
license or license renewal shall be accompanied by the appropriate	122596
fee established under division (M) of section 3745.11 of the	122597
Revised Code. However, an applicant for an initial license who is	122598
proposing to operate a new public water system shall submit a fee	122599
that equals a prorated amount of the appropriate fee established	122600
under that division for the remainder of the licensing year.	122601

(F) Not later than thirty days after receiving a completed	122602
application and the appropriate license fee for a license or	122603
license renewal for a public water system, the director shall do	122604
one of the following:	122605

(1) Issue the license or license renewal for the public water	122606
system;	122607

(2) Issue the license or license renewal subject to terms and	122608
conditions that the director determines are necessary to ensure	122609
compliance with this chapter and rules adopted under it;	122610

(3) Deny the license or license renewal if the director finds	122611
that the public water system cannot be operated in substantial	122612
compliance with this chapter and rules adopted under it.	122613

(G) The director may condition, suspend, or revoke a license	122614
or license renewal issued under this section at any time if the	122615
director finds that the public water system was not or will not be	122616
operated in substantial compliance with this chapter and rules	122617
adopted under it.	122618

(H) The director shall adopt rules in accordance with Chapter	122619
119. of the Revised Code establishing procedures and requirements	122620
governing both of the following:	122621

(1) Information to be included on applications for licenses	122622
and license renewals issued under this section;	122623

(2) The issuance, conditioning, suspension, revocation, and	122624
denial of licenses and license renewals under this section.	122625

(I)(1) As used in division (I) of this section, "church"	122626
means a fellowship of believers, congregation, society,	122627
corporation, convention, or association that is formed primarily	122628
or exclusively for religious purposes and that is not formed or	122629
operated for the private profit of any person.	122630

(2) This section does not apply to a church that operates or	122631
maintains a public water system solely to provide water for that	122632
church or for a campground that is owned by the church and	122633
operated primarily or exclusively for members of the church and	122634
their families.	122635

(J) This section does not apply to any public or nonpublic	122636
school that meets minimum standards of the state board of	122637
education that operates or maintains a public water system solely	122638
to provide water for that school.	122639

(K) The environmental protection agency shall collect well	122640
log filing fees on behalf of the division of soil and water	122641
resources in the department of natural resources in accordance	122642
with section 1521.05 of the Revised Code and rules adopted under	122643
it. The fees shall be submitted to the division quarterly as	122644
provided in those rules.	122645

Sec. 6111.037. (A) ~~There is hereby created in the state~~	122646
~~treasury the nonpoint source pollution management fund. The fund~~	122647
~~shall consist of grant moneys received under~~For purposes of state	122648
nonpoint source pollution management and pursuant to section 319	122649
of the "Federal Water Pollution Control Act," ~~for purposes of~~	122650
~~assisting with the development and implementation of a~~	122651
~~comprehensive nonpoint source pollution management program~~	122652
~~pursuant to that section of the act. Moneys credited to the fund~~	122653
~~may be used for purposes of research, planning, water quality~~	122654
~~assessments, demonstration projects, enforcement, technical~~	122655
~~assistance, education, and training regarding management of~~	122656
~~nonpoint sources of water pollution. The~~the director of	122657
environmental protection may enter into agreements to receive	122658
grant moneys for ~~the~~ nonpoint source pollution management ~~fund and~~	122659
for deposit into the state treasury to the credit of the water	122660
quality protection fund created in section 6111.0381 of the	122661
Revised Code. The director may enter into agreements to make	122662
grants of moneys credited to the fund under this section,	122663
including, without limitation, passthrough grants to other state	122664
departments or agencies.	122665

(B) The director shall periodically prepare and, by rules	122666
adopted under division (O) of section 6111.036 of the Revised	122667
Code, establish a priority system for identifying activities	122668
eligible for assistance under this section. The priority system	122669
shall ensure that financial assistance available under this	122670
section is first provided to:	122671

(1) Control particularly difficult or serious nonpoint source	122672
pollution problems, including, without limitation, problems	122673
resulting from mining activities;	122674

(2) Implement innovative methods or practices for controlling	122675
nonpoint sources of pollution, including, without limitation,	122676
regulatory programs that the director determines are appropriate;	122677

(3) Control interstate nonpoint source pollution problems;

122678

(4) Implement ground and surface water quality protection	122679
activities that the director determines are part of a	122680
comprehensive nonpoint source pollution control program, which	122681
activities include research, planning, ~~ground~~ water quality	122682
assessments, demonstration programs, enforcement, technical	122683
assistance, education, and training to protect ~~ground~~ water	122684
quality from nonpoint sources of pollution.	122685

Section 101.02. That existing sections 9.03, 9.15, 9.231,	122686
9.239, 9.24, 9.833, 9.90, 9.901, 101.39, 101.391, 103.144, 105.41,	122687
107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746,	122688
109.77, 109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02,	122689
113.061, 117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03,	122690
121.11, 121.22, 121.35, 121.37, 121.372, 122.075, 122.083, 122.17,	122691
122.28, 122.30, 122.31, 122.32, 122.33, 122.34, 122.35, 122.36,	122692
122.657, 122.658, 122.66, 122.67, 122.68, 122.69, 122.70, 122.701,	122693
122.76, 122.861, 123.01, 123.10, 123.11, 123.201, 123.21, 123.27,	122694
124.11, 124.14, 124.18, 124.30, 124.341, 124.381, 124.57, 125.05,	122695
125.21, 125.212, 125.28, 125.602, 125.603, 125.832, 125.836,	122696
126.07, 126.14, 126.32, 126.35, 126.45, 126.46, 126.47, 126.48,	122697
127.14, 127.16, 133.01, 133.06, 135.80, 140.01, 140.03, 140.05,	122698
145.01, 145.012, 145.22, 149.01, 149.311, 149.43, 151.11, 152.09,	122699
153.692, 154.01, 154.17, 154.20, 154.22, 154.23, 154.25, 156.02,	122700
156.03, 156.04, 156.05, 164.27, 166.02, 166.03, 166.04, 166.08,	122701
166.25, 169.02, 173.03, 173.14, 173.17, 173.19, 173.20, 173.21,	122702
173.23, 173.25, 173.26, 173.27, 173.28, 173.39, 173.391, 173.392,	122703
173.394, 173.40, 173.401, 173.402, 173.403, 173.404, 173.42,	122704
173.43, 173.431, 173.432, 173.434, 173.45, 173.47, 173.48, 173.50,	122705
173.501, 173.99, 189.04, 189.06, 191.01, 191.02, 191.04, 191.06,	122706
301.28, 305.23, 307.07, 307.673, 307.674, 307.86, 309.09, 317.08,	122707
317.32, 317.321, 317.36, 321.35, 321.44, 329.04, 329.051, 329.06,	122708
329.14, 339.02, 339.05, 339.06, 339.07, 340.01, 340.011, 340.02,	122709
340.021, 340.03, 340.031, 340.032, 340.04, 340.05, 340.07, 340.09,	122710
340.091, 340.10, 340.11, 340.12, 340.13, 340.15, 340.16, 341.192,	122711
351.021, 715.691, 718.01, 718.03, 721.01, 721.03, 731.091, 737.41,	122712
742.14, 755.06, 901.21, 901.22, 901.23, 903.11, 903.99, 905.06,	122713
909.15, 924.06, 927.54, 955.201, 956.07, 956.18, 991.03, 991.04,	122714
991.06, 1332.26, 1337.11, 1347.08, 1501.011, 1501.45, 1509.01,	122715
1509.02, 1509.062, 1509.10, 1509.11, 1509.50, 1509.73, 1511.02,	122716
1511.022, 1519.05, 1531.06, 1531.17, 1545.071, 1547.99, 1548.02,	122717
1551.33, 1551.35, 1555.15, 1711.07, 1724.03, 1739.061, 1751.01,	122718
1751.11, 1751.12, 1751.14, 1751.271, 1751.31, 1751.60, 1923.14,	122719
2101.24, 2108.05, 2113.041, 2113.06, 2117.061, 2117.25, 2133.01,	122720
2133.25, 2151.011, 2151.3514, 2151.362, 2151.86, 2152.54, 2152.59,	122721
2301.02, 2301.03, 2303.201, 2305.234, 2307.65, 2317.02, 2317.422,	122722
2505.02, 2743.02, 2744.05, 2901.13, 2901.30, 2903.13, 2903.33,	122723
2907.22, 2913.40, 2913.401, 2919.271, 2921.01, 2921.13, 2921.22,	122724
2921.36, 2921.38, 2923.125, 2923.126, 2925.03, 2929.13, 2929.15,	122725
2930.01, 2935.03, 2935.33, 2945.37, 2945.371, 2945.38, 2945.39,	122726
2945.40, 2945.401, 2951.041, 2967.22, 2981.01, 2981.12, 2981.13,	122727
3101.051, 3107.083, 3109.15, 3111.04, 3111.72, 3119.29, 3119.54,	122728
3121.441, 3121.89, 3121.891, 3121.892, 3121.893, 3121.898,	122729
3123.958, 3125.18, 3125.36, 3301.07, 3301.0714, 3301.0715,	122730
3301.0723, 3301.15, 3302.01, 3302.03, 3302.22, 3304.231, 3305.03,	122731
3307.51, 3309.21, 3310.01, 3310.02, 3310.03, 3310.05, 3310.06,	122732
3310.08, 3310.56, 3311.0510, 3311.22, 3311.231, 3311.38, 3311.78,	122733
3312.08, 3313.372, 3313.376, 3313.42, 3313.48, 3313.483, 3313.484,	122734
3313.488, 3313.4810, 3313.533, 3313.539, 3313.603, 3313.6011,	122735
3313.6013, 3313.62, 3313.64, 3313.646, 3313.65, 3313.714,	122736
3313.715, 3313.83, 3313.841, 3313.843, 3313.845, 3313.847,	122737
3313.88, 3313.978, 3313.98, 3313.981, 3314.015, 3314.017,	122738
3314.029, 3314.03, 3314.05, 3314.06, 3314.072, 3314.074, 3314.08,	122739
3314.083, 3314.084, 3314.087, 3314.09, 3314.091, 3314.11, 3314.26,	122740
3315.40, 3315.42, 3316.041, 3316.06, 3317.01, 3317.013, 3317.021,	122741
3317.023, 3317.0212, 3317.03, 3317.032, 3317.05, 3317.06, 3317.08,	122742
3317.10, 3317.12, 3317.14, 3317.141, 3317.18, 3317.19, 3317.20,	122743
3317.50, 3317.51, 3318.011, 3318.031, 3318.08, 3318.31, 3318.36,	122744
3318.363, 3319.07, 3319.073, 3319.17, 3319.22, 3319.235, 3319.57,	122745
3321.01, 3321.05, 3323.021, 3323.03, 3323.04, 3323.07, 3323.08,	122746
3323.09, 3323.091, 3323.13, 3323.14, 3323.141, 3323.142, 3326.11,	122747
3326.20, 3326.31, 3326.32, 3326.33, 3326.34, 3326.38, 3326.45,	122748
3327.01, 3333.041, 3333.31, 3333.82, 3335.35, 3335.36, 3335.37,	122749
3335.38, 3345.05, 3345.12, 3353.01, 3353.02, 3353.03, 3353.04,	122750
3353.06, 3353.07, 3365.01, 3365.02, 3365.07, 3365.12, 3383.01,	122751
3383.07, 3501.01, 3599.45, 3701.023, 3701.024, 3701.027, 3701.13,	122752
3701.132, 3701.243, 3701.261, 3701.262, 3701.264, 3701.342,	122753
3701.344, 3701.507, 3701.74, 3701.741, 3701.742, 3701.78, 3701.83,	122754
3701.881, 3701.921, 3701.922, 3701.99, 3702.30, 3702.51, 3702.521,	122755
3702.55, 3702.62, 3702.74, 3702.91, 3704.144, 3706.01, 3707.511,	122756
3709.01, 3709.051, 3709.10, 3712.051, 3712.07, 3712.09, 3713.06,	122757
3714.07, 3717.08, 3718.06, 3719.61, 3721.01, 3721.011, 3721.02,	122758
3721.022, 3721.024, 3721.027, 3721.042, 3721.071, 3721.08,	122759
3721.10, 3721.12, 3721.121, 3721.13, 3721.14, 3721.15, 3721.16,	122760
3721.17, 3721.19, 3721.50, 3721.51, 3721.511, 3721.512, 3721.513,	122761
3721.52, 3721.53, 3721.531, 3721.532, 3721.533, 3721.54, 3721.541,	122762
3721.55, 3721.56, 3721.57, 3721.58, 3727.01, 3734.28, 3734.57,	122763
3734.901, 3734.907, 3735.58, 3737.02, 3737.83, 3737.841, 3737.88,	122764
3742.30, 3742.31, 3742.32, 3742.51, 3745.11, 3745.113, 3769.08,	122765
3769.088, 3770.02, 3770.03, 3770.06, 3772.03, 3772.062, 3772.091,	122766
3781.112, 3793.01, 3793.031, 3793.032, 3793.051, 3793.10, 3793.11,	122767
3793.12, 3793.13, 3793.14, 3793.15, 3793.16, 3793.18, 3793.22,	122768
3793.31, 3793.32, 3793.33, 3793.34, 3793.35, 3793.36, 3793.37,	122769
3793.38, 3793.39, 3798.01, 3901.3814, 3903.14, 3905.40, 3905.483,	122770
3905.862, 3916.06, 3923.24, 3923.241, 3923.281, 3923.443, 3923.49,	122771
3923.50, 3923.601, 3923.83, 3924.41, 3924.42, 3963.01, 3963.04,	122772
4104.33, 4112.01, 4112.02, 4112.12, 4112.31, 4115.034, 4115.32,	122773
4117.06, 4117.14, 4117.15, 4121.50, 4123.32, 4131.03, 4141.162,	122774
4301.10, 4301.30, 4301.43, 4305.131, 4501.01, 4501.21, 4503.62,	122775
4505.02, 4505.09, 4505.101, 4506.07, 4507.03, 4507.06, 4507.51,	122776
4510.038, 4510.45, 4511.19, 4511.191, 4511.69, 4513.60, 4513.61,	122777
4513.62, 4701.03, 4707.02, 4707.073, 4707.10, 4709.11, 4715.36,	122778
4715.372, 4717.03, 4717.06, 4717.07, 4717.10, 4717.14, 4717.15,	122779
4719.01, 4723.18, 4723.35, 4723.481, 4725.03, 4725.16, 4729.51,	122780
4729.54, 4729.69, 4729.80, 4729.81, 4729.99, 4730.411, 4731.151,	122781
4731.23, 4731.65, 4731.71, 4734.41, 4745.01, 4751.01, 4751.02,	122782
4751.03, 4751.04, 4751.041, 4751.05, 4751.06, 4751.07, 4751.08,	122783
4751.10, 4751.11, 4751.12, 4751.13, 4753.071, 4755.481, 4758.10,	122784
4758.11, 4761.01, 4906.20, 5101.01, 5101.11, 5101.141, 5101.16,	122785
5101.162, 5101.18, 5101.181, 5101.183, 5101.184, 5101.26,	122786
5101.271, 5101.272, 5101.273, 5101.30, 5101.31, 5101.34, 5101.35,	122787
5101.36, 5101.46, 5101.461, 5101.47, 5101.49, 5101.50, 5101.501,	122788
5101.502, 5101.51, 5101.511, 5101.512, 5101.513, 5101.516,	122789
5101.517, 5101.519, 5101.5110, 5101.52, 5101.521, 5101.522,	122790
5101.524, 5101.527, 5101.571, 5101.572, 5101.573, 5101.574,	122791
5101.575, 5101.58, 5101.59, 5101.591, 5101.60, 5101.61, 5101.80,	122792
5101.801, 5101.803, 5103.02, 5103.0323, 5103.13, 5103.42,	122793
5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08, 5104.11,	122794
5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20, 5107.24,	122795
5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013, 5111.016,	122796
5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117, 5111.0118,	122797
5111.0119, 5111.02, 5111.021, 5111.022, 5111.023, 5111.024,	122798
5111.025, 5111.027, 5111.028, 5111.029, 5111.0210, 5111.0211,	122799
5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.03, 5111.031,	122800
5111.032, 5111.033, 5111.034, 5111.035, 5111.04, 5111.042,	122801
5111.05, 5111.051, 5111.052, 5111.053, 5111.054, 5111.06,	122802
5111.061, 5111.062, 5111.063, 5111.07, 5111.071, 5111.08,	122803
5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.086,	122804
5111.09, 5111.091, 5111.092, 5111.10, 5111.101, 5111.102, 5111.11,	122805
5111.111, 5111.112, 5111.113, 5111.114, 5111.12, 5111.121,	122806
5111.13, 5111.14, 5111.141, 5111.15, 5111.151, 5111.16, 5111.161,	122807
5111.162, 5111.163, 5111.17, 5111.171, 5111.172, 5111.173,	122808
5111.174, 5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,	122809
5111.1711, 5111.18, 5111.181, 5111.19, 5111.191, 5111.20,	122810
5111.201, 5111.202, 5111.203, 5111.204, 5111.21, 5111.212,	122811
5111.22, 5111.221, 5111.222, 5111.223, 5111.224, 5111.225,	122812
5111.226, 5111.23, 5111.231, 5111.232, 5111.233, 5111.235,	122813
5111.24, 5111.241, 5111.242, 5111.244, 5111.245, 5111.246,	122814
5111.25, 5111.251, 5111.254, 5111.255, 5111.257, 5111.258,	122815
5111.259, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264,	122816
5111.265, 5111.266, 5111.27, 5111.271, 5111.28, 5111.29, 5111.291,	122817
5111.30, 5111.31, 5111.32, 5111.33, 5111.331, 5111.35, 5111.36,	122818
5111.37, 5111.38, 5111.39, 5111.40, 5111.41, 5111.411, 5111.42,	122819
5111.43, 5111.44, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49,	122820
5111.50, 5111.51, 5111.511, 5111.52, 5111.53, 5111.54, 5111.55,	122821
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62,	122822
5111.63, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	122823
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	122824
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	122825
5111.688, 5111.689, 5111.71, 5111.711, 5111.712, 5111.713,	122826
5111.714, 5111.715, 5111.84, 5111.85, 5111.851, 5111.852,	122827
5111.853, 5111.854, 5111.855, 5111.856, 5111.86, 5111.861,	122828
5111.862, 5111.863, 5111.864, 5111.865, 5111.87, 5111.871,	122829
5111.872, 5111.873, 5111.874, 5111.875, 5111.876, 5111.877,	122830
5111.878, 5111.879, 5111.88, 5111.881, 5111.882, 5111.883,	122831
5111.884, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889,	122832
5111.8810, 5111.89, 5111.891, 5111.892, 5111.893, 5111.894,	122833
5111.90, 5111.91, 5111.911, 5111.912, 5111.914, 5111.915, 5111.92,	122834
5111.93, 5111.94, 5111.941, 5111.943, 5111.944, 5111.945, 5111.96,	122835
5111.97, 5111.98, 5111.981, 5111.982, 5111.99, 5112.01, 5112.03,	122836
5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10,	122837
5112.11, 5112.17, 5112.18, 5112.19, 5112.21, 5112.30, 5112.31,	122838
5112.32, 5112.33, 5112.331, 5112.34, 5112.341, 5112.35, 5112.37,	122839
5112.371, 5112.38, 5112.39, 5112.40, 5112.41, 5112.42, 5112.43,	122840
5112.44, 5112.45, 5112.46, 5112.47, 5112.48, 5112.99, 5112.991,	122841
5115.20, 5117.10, 5119.01, 5119.012, 5119.02, 5119.04, 5119.06,	122842
5119.061, 5119.07, 5119.071, 5119.072, 5119.08, 5119.10, 5119.101,	122843
5119.11, 5119.12, 5119.14, 5119.16, 5119.161, 5119.17, 5119.18,	122844
5119.20, 5119.201, 5119.202, 5119.21, 5119.22, 5119.221, 5119.23,	122845
5119.24, 5119.27, 5119.30, 5119.33, 5119.34, 5119.35, 5119.351,	122846
5119.36, 5119.42, 5119.43, 5119.44, 5119.46, 5119.51, 5119.52,	122847
5119.53, 5119.57, 5119.60, 5119.61, 5119.611, 5119.612, 5119.613,	122848
5119.62, 5119.621, 5119.622, 5119.63, 5119.631, 5119.69, 5119.691,	122849
5119.99, 5120.07, 5120.09, 5120.135, 5120.17, 5120.171, 5120.652,	122850
5120.654, 5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35,	122851
5121.36, 5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44,	122852
5121.45, 5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52,	122853
5121.55, 5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13,	122854
5122.15, 5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23,	122855
5122.25, 5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32,	122856
5122.33, 5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45,	122857
5122.46, 5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	122858
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	122859
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.026, 5126.05,	122860
5126.051, 5126.054, 5126.055, 5126.24, 5139.03, 5139.04, 5139.08,	122861
5139.34, 5145.162, 5145.18, 5153.16, 5302.221, 5309.082, 5505.12,	122862
5507.46, 5511.03, 5701.13, 5703.052, 5703.059, 5703.21, 5703.37,	122863
5703.82, 5705.01, 5705.19, 5705.192, 5705.217, 5705.218, 5705.221,	122864
5705.25, 5705.412, 5709.17, 5709.212, 5709.75, 5725.18, 5725.34,	122865
5726.20, 5726.52, 5727.26, 5727.75, 5727.84, 5727.89, 5728.10,	122866
5729.03, 5729.17, 5731.39, 5733.01, 5733.06, 5733.11, 5733.98,	122867
5735.012, 5735.12, 5735.34, 5739.01, 5739.02, 5739.026, 5739.09,	122868
5739.12, 5739.13, 5741.01, 5741.03, 5741.12, 5741.17, 5743.081,	122869
5743.15, 5743.56, 5745.12, 5747.01, 5747.02, 5747.022, 5747.025,	122870
5747.08, 5747.10, 5747.11, 5747.113, 5747.122, 5747.13, 5747.21,	122871
5747.47, 5747.501, 5747.76, 5747.98, 5749.02, 5749.06, 5749.07,	122872
5749.17, 5751.01, 5751.014, 5751.07, 5751.081, 5751.09, 5751.20,	122873
5751.21, 5753.01, 5753.03, 5753.07, 5815.28, 5905.02, 5910.02,	122874
5910.07, 5919.34, 5924.502, 5924.503, 5924.504, 5924.506, 6109.21,	122875
and 6111.037 of the Revised Code are hereby repealed.	122876

Section 105.01. That sections 122.076, 122.15, 122.151,	122877
122.152, 122.153, 122.154, 122.29, 122.97, 123.23, 125.837,	122878
125.838, 166.22, 166.28, 173.425, 173.433, 183.28, 184.04,	122879
340.022, 340.033, 340.06, 340.14, 1513.371, 1531.34, 1547.721,	122880
1547.722, 1547.723, 1547.724, 1547.725, 1547.726, 3302.043,	122881
3313.481, 3313.482, 3313.4811, 3314.088, 3314.13, 3317.012,	122882
3317.014, 3317.018, 3317.02, 3317.022, 3317.029, 3317.0217,	122883
3317.051, 3317.052, 3317.053, 3317.11, 3317.13, 3317.16,	122884
3317.62, 3317.63, 3317.64, 3318.023, 3323.16, 3326.39, 3327.02,	122885
3345.81, 3353.09, 3353.15, 3353.20, 3383.02, 3383.03, 3383.04,	122886
3383.05, 3383.06, 3383.08, 3383.09, 3701.072, 3701.263,	122887
3701.343, 3701.90, 3701.901, 3701.902, 3701.903, 3701.904,	122888
3701.905, 3701.906, 3701.907, 3721.026, 3793.02, 3793.03,	122889
3793.04, 3793.041, 3793.05, 3793.06, 3793.061, 3793.08, 3793.09,	122890
3793.19, 3793.20, 3793.21, 3793.99, 5101.503, 5101.514,	122891
5101.515, 5101.518, 5101.523, 5101.525, 5101.526, 5101.528,	122892
5101.529, 5111.012, 5111.014, 5111.015, 5111.0110, 5111.0111,	122893
5111.0113, 5111.0115, 5111.0120, 5111.0121, 5111.0122,	122894
5111.0123, 5111.0124, 5111.0125, 5111.176, 5111.211, 5111.236,	122895
5111.65, 5111.70, 5111.701, 5111.702, 5111.703, 5111.704,	122896
5111.705, 5111.706, 5111.707, 5111.708, 5111.709, 5111.7011,	122897
5111.83, 5111.8710, 5111.8811, 5111.913, 5111.942, 5111.946,	122898
5119.011, 5119.013, 5119.03, 5119.05, 5119.47, 5119.623, 5119.64,	122899
5119.65, 5119.66, 5119.67, 5119.68, 5707.05, 5727.41, 5733.35,	122900
5747.211, 5747.33, 6101.451, and 6111.029 of the Revised Code are	122901
hereby repealed.	122902

Section 110.10. That section 3313.88 of the Revised Code as	122903
it results from Section 101.01 of this act be amended and	122904
recodified as section 3313.482 of the Revised Code to read as	122905
follows:	122906

~~Sec. 3313.88.~~ Sec. 3313.482. (A)(1) Prior to the first day of	122907
August of each school year, the board of education of any school	122908
district or the governing authority of any chartered nonpublic	122909
school may submit to the department of education a plan to require	122910
students to access and complete classroom lessons posted on the	122911
district's or nonpublic school's web portal or web site in order	122912
to make up ~~days~~hours in that school year on which it is	122913
necessary to close schools for ~~any of the reasons specified in~~	122914
~~division (B) of section 3317.01 of the Revised Code in excess of~~	122915
~~the number of days permitted under sections 3313.48, 3313.481, and~~	122916
~~3317.01 of the Revised Code~~disease epidemic, hazardous weather	122917
conditions, law enforcement emergencies, inoperability of school	122918
buses or other equipment necessary to the school's operation,	122919
damage to a school building, or other temporary circumstances due	122920
to utility failure rendering the school building unfit for school	122921
use.	122922

Prior to the first day of August of each school year, the	122923
governing authority of any community school established under	122924
Chapter 3314. that is not an internet- or computer-based community	122925
school, as defined in section 3314.02 of the Revised Code, may	122926
submit to the department a plan to require students to access and	122927
complete classroom lessons posted on the school's web portal or	122928
web site in order to make up ~~days or~~ hours in that school year on	122929
which it is necessary to close the school for any of the reasons	122930
specified in division (H)(4) of section 3314.08 of the Revised	122931
Code so that the school is in compliance with the minimum number	122932
of hours required under Chapter 3314. of the Revised Code.	122933

A plan submitted by a school district board or, chartered	122934
nonpublic school governing authority ~~shall provide for making up~~	122935
~~any number of days, up to a maximum of three days. A plan~~	122936
~~submitted by a~~, or community school governing authority shall	122937
provide for making up any number of hours, up to a maximum of the	122938
number of hours that are the equivalent of three school days.	122939
Provided the plan meets all requirements of this section, the	122940
department shall permit the board or governing authority to	122941
implement the plan for the applicable school year.	122942

(2) Each plan submitted under this section by a school	122943
district board of education shall include the written consent of	122944
the teachers' employee representative designated under division	122945
(B) of section 4117.04 of the Revised Code.	122946

(3) Each plan submitted under this section shall provide for	122947
the following:	122948

(a) Not later than the first day of November of the school	122949
year, each classroom teacher shall develop a sufficient number of	122950
lessons for each course taught by the teacher that school year to	122951
cover the number of make-up ~~days or~~ hours specified in the plan.	122952
The teacher shall designate the order in which the lessons are to	122953
be posted on the district's, community school's, or nonpublic	122954
school's web portal or web site in the event of a school closure.	122955
Teachers may be granted up to one professional development day to	122956
create lesson plans for those lessons.	122957

(b) To the extent possible and necessary, a classroom teacher	122958
shall update or replace, based on current instructional progress,	122959
one or more of the lesson plans developed under division (A)(3)(a)	122960
of this section before they are posted on the web portal or web	122961
site under division (A)(3)(c) of this section or distributed under	122962
division (B) of this section.	122963

(c) As soon as practicable after a school closure, a district	122964
or school employee responsible for web portal or web site	122965
operations shall make the designated lessons available to students	122966
on the district's, community school's, or nonpublic school's	122967
portal or site. A lesson shall be posted for each course that was	122968
scheduled to meet on the day or hours of the closure.	122969

(d) Each student enrolled in a course for which a lesson is	122970
posted on the portal or site shall be granted a two-week period	122971
from the date of posting to complete the lesson. The student's	122972
classroom teacher shall grade the lesson in the same manner as	122973
other lessons. The student may receive an incomplete or failing	122974
grade if the lesson is not completed on time.	122975

(e) If a student does not have access to a computer at the	122976
student's residence and the plan does not include blizzard bags	122977
under division (B) of this section, the student shall be permitted	122978
to work on the posted lessons at school after the student's school	122979
reopens. If the lessons were posted prior to the reopening, the	122980
student shall be granted a two-week period from the date of the	122981
reopening, rather than from the date of posting as otherwise	122982
required under division (A)(3)(d) of this section, to complete the	122983
lessons. The district board or community school or nonpublic	122984
school governing authority may provide the student access to a	122985
computer before, during, or after the regularly scheduled school	122986
day or may provide a substantially similar paper lesson in order	122987
to complete the lessons.	122988

(B)(1) In addition to posting classroom lessons online under	122989
division (A) of this section, the board of education of any school	122990
district or governing authority of any community or chartered	122991
nonpublic school may include in the plan distribution of "blizzard	122992
bags," which are paper copies of the lessons posted online.	122993

(2) If a school opts to use blizzard bags, teachers shall	122994
prepare paper copies in conjunction with the lessons to be posted	122995
online and update the paper copies whenever the teacher updates	122996
the online lesson plans.	122997

(3) The board of education of any school district or	122998
governing authority of any community or chartered nonpublic school	122999
that opts to use blizzard bags shall specify in the plan the	123000
method of distribution of blizzard bag lessons, which may include,	123001
but not be limited to, requiring distribution by a specific	123002
deadline or requiring distribution prior to anticipated school	123003
closure as directed by the superintendent of a school district or	123004
the principal, director, chief administrative officer, or the	123005
equivalent, of a school.	123006

(4) Students shall turn in completed lessons in accordance	123007
with division (A)(3)(d) of this section.	123008

(C)(1) No school district that implements a plan in	123009
accordance with this section shall be considered to have failed to	123010
comply with division (B) of section 3317.01 of the Revised Code	123011
with respect to the number of make-up ~~days~~hours specified in the	123012
plan.	123013

(2) No community school that implements a plan in accordance	123014
with this section shall be considered to have failed to comply	123015
with the minimum number of hours required under Chapter 3314. of	123016
the Revised Code with respect to the number of make-up hours	123017
specified in the plan.	123018

Section 110.11. That existing section 3313.88 of the Revised	123019
Code is hereby repealed.	123020

Section 110.12. Sections 110.10 and 110.11 of this act shall	123021
take effect July 1, 2014.	123022

Section 110.20. That the versions of sections 109.57,	123023
2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08, and	123024
5104.32 of the Revised Code that are scheduled to take effect	123025
January 1, 2014, be amended to read as follows:	123026

Sec. 109.57. (A)(1) The superintendent of the bureau of	123027
criminal identification and investigation shall procure from	123028
wherever procurable and file for record photographs, pictures,	123029
descriptions, fingerprints, measurements, and other information	123030
that may be pertinent of all persons who have been convicted of	123031
committing within this state a felony, any crime constituting a	123032
misdemeanor on the first offense and a felony on subsequent	123033
offenses, or any misdemeanor described in division (A)(1)(a),	123034
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	123035
all children under eighteen years of age who have been adjudicated	123036
delinquent children for committing within this state an act that	123037
would be a felony or an offense of violence if committed by an	123038
adult or who have been convicted of or pleaded guilty to	123039
committing within this state a felony or an offense of violence,	123040
and of all well-known and habitual criminals. The person in charge	123041
of any county, multicounty, municipal, municipal-county, or	123042
multicounty-municipal jail or workhouse, community-based	123043
correctional facility, halfway house, alternative residential	123044
facility, or state correctional institution and the person in	123045
charge of any state institution having custody of a person	123046
suspected of having committed a felony, any crime constituting a	123047
misdemeanor on the first offense and a felony on subsequent	123048
offenses, or any misdemeanor described in division (A)(1)(a),	123049
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	123050
having custody of a child under eighteen years of age with respect	123051
to whom there is probable cause to believe that the child may have	123052
committed an act that would be a felony or an offense of violence	123053
if committed by an adult shall furnish such material to the	123054
superintendent of the bureau. Fingerprints, photographs, or other	123055
descriptive information of a child who is under eighteen years of	123056
age, has not been arrested or otherwise taken into custody for	123057
committing an act that would be a felony or an offense of violence	123058
who is not in any other category of child specified in this	123059
division, if committed by an adult, has not been adjudicated a	123060
delinquent child for committing an act that would be a felony or	123061
an offense of violence if committed by an adult, has not been	123062
convicted of or pleaded guilty to committing a felony or an	123063
offense of violence, and is not a child with respect to whom there	123064
is probable cause to believe that the child may have committed an	123065
act that would be a felony or an offense of violence if committed	123066
by an adult shall not be procured by the superintendent or	123067
furnished by any person in charge of any county, multicounty,	123068
municipal, municipal-county, or multicounty-municipal jail or	123069
workhouse, community-based correctional facility, halfway house,	123070
alternative residential facility, or state correctional	123071
institution, except as authorized in section 2151.313 of the	123072
Revised Code.	123073

(2) Every clerk of a court of record in this state, other	123074
than the supreme court or a court of appeals, shall send to the	123075
superintendent of the bureau a weekly report containing a summary	123076
of each case involving a felony, involving any crime constituting	123077
a misdemeanor on the first offense and a felony on subsequent	123078
offenses, involving a misdemeanor described in division (A)(1)(a),	123079
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	123080
involving an adjudication in a case in which a child under	123081
eighteen years of age was alleged to be a delinquent child for	123082
committing an act that would be a felony or an offense of violence	123083
if committed by an adult. The clerk of the court of common pleas	123084
shall include in the report and summary the clerk sends under this	123085
division all information described in divisions (A)(2)(a) to (f)	123086
of this section regarding a case before the court of appeals that	123087
is served by that clerk. The summary shall be written on the	123088
standard forms furnished by the superintendent pursuant to	123089
division (B) of this section and shall include the following	123090
information:	123091

(a) The incident tracking number contained on the standard	123092
forms furnished by the superintendent pursuant to division (B) of	123093
this section;	123094

(b) The style and number of the case;

123095

123096

(d) The date that the person was convicted of or pleaded	123097
guilty to the offense, adjudicated a delinquent child for	123098
committing the act that would be a felony or an offense of	123099
violence if committed by an adult, found not guilty of the	123100
offense, or found not to be a delinquent child for committing an	123101
act that would be a felony or an offense of violence if committed	123102
by an adult, the date of an entry dismissing the charge, an entry	123103
declaring a mistrial of the offense in which the person is	123104
discharged, an entry finding that the person or child is not	123105
competent to stand trial, or an entry of a nolle prosequi, or the	123106
date of any other determination that constitutes final resolution	123107
of the case;	123108

(e) A statement of the original charge with the section of	123109
the Revised Code that was alleged to be violated;	123110

(f) If the person or child was convicted, pleaded guilty, or	123111
was adjudicated a delinquent child, the sentence or terms of	123112
probation imposed or any other disposition of the offender or the	123113
delinquent child.	123114

If the offense involved the disarming of a law enforcement	123115
officer or an attempt to disarm a law enforcement officer, the	123116
clerk shall clearly state that fact in the summary, and the	123117
superintendent shall ensure that a clear statement of that fact is	123118
placed in the bureau's records.	123119

(3) The superintendent shall cooperate with and assist	123120
sheriffs, chiefs of police, and other law enforcement officers in	123121
the establishment of a complete system of criminal identification	123122
and in obtaining fingerprints and other means of identification of	123123
all persons arrested on a charge of a felony, any crime	123124
constituting a misdemeanor on the first offense and a felony on	123125
subsequent offenses, or a misdemeanor described in division	123126
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	123127
Revised Code and of all children under eighteen years of age	123128
arrested or otherwise taken into custody for committing an act	123129
that would be a felony or an offense of violence if committed by	123130
an adult. The superintendent also shall file for record the	123131
fingerprint impressions of all persons confined in a county,	123132
multicounty, municipal, municipal-county, or multicounty-municipal	123133
jail or workhouse, community-based correctional facility, halfway	123134
house, alternative residential facility, or state correctional	123135
institution for the violation of state laws and of all children	123136
under eighteen years of age who are confined in a county,	123137
multicounty, municipal, municipal-county, or multicounty-municipal	123138
jail or workhouse, community-based correctional facility, halfway	123139
house, alternative residential facility, or state correctional	123140
institution or in any facility for delinquent children for	123141
committing an act that would be a felony or an offense of violence	123142
if committed by an adult, and any other information that the	123143
superintendent may receive from law enforcement officials of the	123144
state and its political subdivisions.	123145

(4) The superintendent shall carry out Chapter 2950. of the	123146
Revised Code with respect to the registration of persons who are	123147
convicted of or plead guilty to a sexually oriented offense or a	123148
child-victim oriented offense and with respect to all other duties	123149
imposed on the bureau under that chapter.	123150

(5) The bureau shall perform centralized recordkeeping	123151
functions for criminal history records and services in this state	123152
for purposes of the national crime prevention and privacy compact	123153
set forth in section 109.571 of the Revised Code and is the	123154
criminal history record repository as defined in that section for	123155
purposes of that compact. The superintendent or the	123156
superintendent's designee is the compact officer for purposes of	123157
that compact and shall carry out the responsibilities of the	123158
compact officer specified in that compact.	123159

(B) The superintendent shall prepare and furnish to every	123160
county, multicounty, municipal, municipal-county, or	123161
multicounty-municipal jail or workhouse, community-based	123162
correctional facility, halfway house, alternative residential	123163
facility, or state correctional institution and to every clerk of	123164
a court in this state specified in division (A)(2) of this section	123165
standard forms for reporting the information required under	123166
division (A) of this section. The standard forms that the	123167
superintendent prepares pursuant to this division may be in a	123168
tangible format, in an electronic format, or in both tangible	123169
formats and electronic formats.	123170

(C)(1) The superintendent may operate a center for	123171
electronic, automated, or other data processing for the storage	123172
and retrieval of information, data, and statistics pertaining to	123173
criminals and to children under eighteen years of age who are	123174
adjudicated delinquent children for committing an act that would	123175
be a felony or an offense of violence if committed by an adult,	123176
criminal activity, crime prevention, law enforcement, and criminal	123177
justice, and may establish and operate a statewide communications	123178
network to be known as the Ohio law enforcement gateway to gather	123179
and disseminate information, data, and statistics for the use of	123180
law enforcement agencies and for other uses specified in this	123181
division. The superintendent may gather, store, retrieve, and	123182
disseminate information, data, and statistics that pertain to	123183
children who are under eighteen years of age and that are gathered	123184
pursuant to sections 109.57 to 109.61 of the Revised Code together	123185
with information, data, and statistics that pertain to adults and	123186
that are gathered pursuant to those sections.	123187

(2) The superintendent or the superintendent's designee shall	123188
gather information of the nature described in division (C)(1) of	123189
this section that pertains to the offense and delinquency history	123190
of a person who has been convicted of, pleaded guilty to, or been	123191
adjudicated a delinquent child for committing a sexually oriented	123192
offense or a child-victim oriented offense for inclusion in the	123193
state registry of sex offenders and child-victim offenders	123194
maintained pursuant to division (A)(1) of section 2950.13 of the	123195
Revised Code and in the internet database operated pursuant to	123196
division (A)(13) of that section and for possible inclusion in the	123197
internet database operated pursuant to division (A)(11) of that	123198
section.	123199

(3) In addition to any other authorized use of information,	123200
data, and statistics of the nature described in division (C)(1) of	123201
this section, the superintendent or the superintendent's designee	123202
may provide and exchange the information, data, and statistics	123203
pursuant to the national crime prevention and privacy compact as	123204
described in division (A)(5) of this section.	123205

(4) The attorney general may adopt rules under Chapter 119.	123206
of the Revised Code establishing guidelines for the operation of	123207
and participation in the Ohio law enforcement gateway. The rules	123208
may include criteria for granting and restricting access to	123209
information gathered and disseminated through the Ohio law	123210
enforcement gateway. The attorney general shall permit the state	123211
medical board and board of nursing to access and view, but not	123212
alter, information gathered and disseminated through the Ohio law	123213
enforcement gateway.	123214

The attorney general may appoint a steering committee to	123215
advise the attorney general in the operation of the Ohio law	123216
enforcement gateway that is comprised of persons who are	123217
representatives of the criminal justice agencies in this state	123218
that use the Ohio law enforcement gateway and is chaired by the	123219
superintendent or the superintendent's designee.	123220

(D)(1) The following are not public records under section	123221
149.43 of the Revised Code:	123222

(a) Information and materials furnished to the superintendent	123223
pursuant to division (A) of this section;	123224

(b) Information, data, and statistics gathered or	123225
disseminated through the Ohio law enforcement gateway pursuant to	123226
division (C)(1) of this section;	123227

(c) Information and materials furnished to any board or	123228
person under division (F) or (G) of this section.	123229

(2) The superintendent or the superintendent's designee shall	123230
gather and retain information so furnished under division (A) of	123231
this section that pertains to the offense and delinquency history	123232
of a person who has been convicted of, pleaded guilty to, or been	123233
adjudicated a delinquent child for committing a sexually oriented	123234
offense or a child-victim oriented offense for the purposes	123235
described in division (C)(2) of this section.	123236

(E)(1) The attorney general shall adopt rules, in accordance	123237
with Chapter 119. of the Revised Code and subject to division	123238
(E)(2) of this section, setting forth the procedure by which a	123239
person may receive or release information gathered by the	123240
superintendent pursuant to division (A) of this section. A	123241
reasonable fee may be charged for this service. If a temporary	123242
employment service submits a request for a determination of	123243
whether a person the service plans to refer to an employment	123244
position has been convicted of or pleaded guilty to an offense	123245
listed or described in division (A)(1), (2), or (3) of section	123246
109.572 of the Revised Code, the request shall be treated as a	123247
single request and only one fee shall be charged.	123248

(2) Except as otherwise provided in this division, a rule	123249
adopted under division (E)(1) of this section may provide only for	123250
the release of information gathered pursuant to division (A) of	123251
this section that relates to the conviction of a person, or a	123252
person's plea of guilty to, a criminal offense. The superintendent	123253
shall not release, and the attorney general shall not adopt any	123254
rule under division (E)(1) of this section that permits the	123255
release of, any information gathered pursuant to division (A) of	123256
this section that relates to an adjudication of a child as a	123257
delinquent child, or that relates to a criminal conviction of a	123258
person under eighteen years of age if the person's case was	123259
transferred back to a juvenile court under division (B)(2) or (3)	123260
of section 2152.121 of the Revised Code and the juvenile court	123261
imposed a disposition or serious youthful offender disposition	123262
upon the person under either division, unless either of the	123263
following applies with respect to the adjudication or conviction:	123264

(a) The adjudication or conviction was for a violation of	123265
section 2903.01 or 2903.02 of the Revised Code.	123266

(b) The adjudication or conviction was for a sexually	123267
oriented offense, the juvenile court was required to classify the	123268
child a juvenile offender registrant for that offense under	123269
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	123270
classification has not been removed.	123271

(F)(1) As used in division (F)(2) of this section, "head	123272
start agency" means an entity in this state that has been approved	123273
to be an agency for purposes of subchapter II of the "Community	123274
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	123275
as amended.	123276

(2)(a) In addition to or in conjunction with any request that	123277
is required to be made under section 109.572, 2151.86, 3301.32,	123278
3301.541, division (C) of section 3310.58, or section 3319.39,	123279
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	123280
5153.111 of the Revised Code or that is made under section	123281
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	123282
board of education of any school district; the director of	123283
developmental disabilities; any county board of developmental	123284
disabilities; any provider or subcontractor as defined in section	123285
5123.081 of the Revised Code; the chief administrator of any	123286
chartered nonpublic school; the chief administrator of a	123287
registered private provider that is not also a chartered nonpublic	123288
school; the chief administrator of any home health agency; the	123289
chief administrator of or person operating any child day-care	123290
center, type A family day-care home, or type B family day-care	123291
home licensed under Chapter 5104. of the Revised Code; the chief	123292
administrator of any head start agency; the executive director of	123293
a public children services agency; a private company described in	123294
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	123295
Code; or an employer described in division (J)(2) of section	123296
3327.10 of the Revised Code may request that the superintendent of	123297
the bureau investigate and determine, with respect to any	123298
individual who has applied for employment in any position after	123299
October 2, 1989, or any individual wishing to apply for employment	123300
with a board of education may request, with regard to the	123301
individual, whether the bureau has any information gathered under	123302
division (A) of this section that pertains to that individual. On	123303
receipt of the request, subject to division (E)(2) of this	123304
section, the superintendent shall determine whether that	123305
information exists and, upon request of the person, board, or	123306
entity requesting information, also shall request from the federal	123307
bureau of investigation any criminal records it has pertaining to	123308
that individual. The superintendent or the superintendent's	123309
designee also may request criminal history records from other	123310
states or the federal government pursuant to the national crime	123311
prevention and privacy compact set forth in section 109.571 of the	123312
Revised Code. Within thirty days of the date that the	123313
superintendent receives a request, subject to division (E)(2) of	123314
this section, the superintendent shall send to the board, entity,	123315
or person a report of any information that the superintendent	123316
determines exists, including information contained in records that	123317
have been sealed under section 2953.32 of the Revised Code, and,	123318
within thirty days of its receipt, subject to division (E)(2) of	123319
this section, shall send the board, entity, or person a report of	123320
any information received from the federal bureau of investigation,	123321
other than information the dissemination of which is prohibited by	123322
federal law.	123323

(b) When a board of education or a registered private	123324
provider is required to receive information under this section as	123325
a prerequisite to employment of an individual pursuant to division	123326
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	123327
may accept a certified copy of records that were issued by the	123328
bureau of criminal identification and investigation and that are	123329
presented by an individual applying for employment with the	123330
district in lieu of requesting that information itself. In such a	123331
case, the board shall accept the certified copy issued by the	123332
bureau in order to make a photocopy of it for that individual's	123333
employment application documents and shall return the certified	123334
copy to the individual. In a case of that nature, a district or	123335
provider only shall accept a certified copy of records of that	123336
nature within one year after the date of their issuance by the	123337
bureau.	123338

(c) Notwithstanding division (F)(2)(a) of this section, in	123339
the case of a request under section 3319.39, 3319.391, or 3327.10	123340
of the Revised Code only for criminal records maintained by the	123341
federal bureau of investigation, the superintendent shall not	123342
determine whether any information gathered under division (A) of	123343
this section exists on the person for whom the request is made.	123344

(3) The state board of education may request, with respect to	123345
any individual who has applied for employment after October 2,	123346
1989, in any position with the state board or the department of	123347
education, any information that a school district board of	123348
education is authorized to request under division (F)(2) of this	123349
section, and the superintendent of the bureau shall proceed as if	123350
the request has been received from a school district board of	123351
education under division (F)(2) of this section.	123352

(4) When the superintendent of the bureau receives a request	123353
for information under section 3319.291 of the Revised Code, the	123354
superintendent shall proceed as if the request has been received	123355
from a school district board of education and shall comply with	123356
divisions (F)(2)(a) and (c) of this section.	123357

(5) When a recipient of a classroom reading improvement grant	123358
paid under section 3301.86 of the Revised Code requests, with	123359
respect to any individual who applies to participate in providing	123360
any program or service funded in whole or in part by the grant,	123361
the information that a school district board of education is	123362
authorized to request under division (F)(2)(a) of this section,	123363
the superintendent of the bureau shall proceed as if the request	123364
has been received from a school district board of education under	123365
division (F)(2)(a) of this section.	123366

(G) In addition to or in conjunction with any request that is	123367
required to be made under section 3701.881, 3712.09, or 3721.121	123368
of the Revised Code with respect to an individual who has applied	123369
for employment in a position that involves providing direct care	123370
to an older adult or adult resident, the chief administrator of a	123371
home health agency, hospice care program, home licensed under	123372
Chapter 3721. of the Revised Code, or adult day-care program	123373
operated pursuant to rules adopted under section 3721.04 of the	123374
Revised Code may request that the superintendent of the bureau	123375
investigate and determine, with respect to any individual who has	123376
applied after January 27, 1997, for employment in a position that	123377
does not involve providing direct care to an older adult or adult	123378
resident, whether the bureau has any information gathered under	123379
division (A) of this section that pertains to that individual.	123380

In addition to or in conjunction with any request that is	123381
required to be made under section 173.27 of the Revised Code with	123382
respect to an individual who has applied for employment in a	123383
position that involves providing ~~ombudsperson~~ombudsman services	123384
to residents of long-term care facilities or recipients of	123385
community-based long-term care services, the state long-term care	123386
~~ombudsperson~~ombudsman, ~~ombudsperson's designee, or~~the director	123387
of ~~health~~aging, a regional long-term care ombudsman program, or	123388
the designee of the ombudsman, director, or program may request	123389
that the superintendent investigate and determine, with respect to	123390
any individual who has applied for employment in a position that	123391
does not involve providing such ~~ombudsperson~~ombudsman services,	123392
whether the bureau has any information gathered under division (A)	123393
of this section that pertains to that applicant.	123394

In addition to or in conjunction with any request that is	123395
required to be made under section ~~173.394~~173.38 of the Revised	123396
Code with respect to an individual who has applied for employment	123397
in a direct-care position ~~that involves providing direct care to~~	123398
~~an individual~~, the chief administrator of a ~~community-based~~	123399
~~long-term care agency~~provider, as defined in section 173.39 of	123400
the Revised Code, may request that the superintendent investigate	123401
and determine, with respect to any individual who has applied for	123402
employment in a position that ~~does~~is not ~~involve providing direct~~	123403
~~care~~a direct-care position, whether the bureau has any	123404
information gathered under division (A) of this section that	123405
pertains to that applicant.	123406

In addition to or in conjunction with any request that is	123407
required to be made under section 3712.09 of the Revised Code with	123408
respect to an individual who has applied for employment in a	123409
position that involves providing direct care to a pediatric	123410
respite care patient, the chief administrator of a pediatric	123411
respite care program may request that the superintendent of the	123412
bureau investigate and determine, with respect to any individual	123413
who has applied for employment in a position that does not involve	123414
providing direct care to a pediatric respite care patient, whether	123415
the bureau has any information gathered under division (A) of this	123416
section that pertains to that individual.	123417

On receipt of a request under this division, the	123418
superintendent shall determine whether that information exists	123419
and, on request of the individual requesting information, shall	123420
also request from the federal bureau of investigation any criminal	123421
records it has pertaining to the applicant. The superintendent or	123422
the superintendent's designee also may request criminal history	123423
records from other states or the federal government pursuant to	123424
the national crime prevention and privacy compact set forth in	123425
section 109.571 of the Revised Code. Within thirty days of the	123426
date a request is received, subject to division (E)(2) of this	123427
section, the superintendent shall send to the requester a report	123428
of any information determined to exist, including information	123429
contained in records that have been sealed under section 2953.32	123430
of the Revised Code, and, within thirty days of its receipt, shall	123431
send the requester a report of any information received from the	123432
federal bureau of investigation, other than information the	123433
dissemination of which is prohibited by federal law.	123434

(H) Information obtained by a government entity or person	123435
under this section is confidential and shall not be released or	123436
disseminated.	123437

(I) The superintendent may charge a reasonable fee for	123438
providing information or criminal records under division (F)(2) or	123439
(G) of this section.	123440

(J) As used in this section:

123441

(1) "Pediatric respite care program" and "pediatric care	123442
patient" have the same meanings as in section 3712.01 of the	123443
Revised Code.	123444

(2) "Sexually oriented offense" and "child-victim oriented	123445
offense" have the same meanings as in section 2950.01 of the	123446
Revised Code.	123447

(3) "Registered private provider" means a nonpublic school or	123448
entity registered with the superintendent of public instruction	123449
under section 3310.41 of the Revised Code to participate in the	123450
autism scholarship program or section 3310.58 of the Revised Code	123451
to participate in the Jon Peterson special needs scholarship	123452
program.	123453

Sec. 2151.011. (A) As used in the Revised Code:

123454

(1) "Juvenile court" means whichever of the following is	123455
applicable that has jurisdiction under this chapter and Chapter	123456
2152. of the Revised Code:	123457

(a) The division of the court of common pleas specified in	123458
section 2101.022 or 2301.03 of the Revised Code as having	123459
jurisdiction under this chapter and Chapter 2152. of the Revised	123460
Code or as being the juvenile division or the juvenile division	123461
combined with one or more other divisions;	123462

(b) The juvenile court of Cuyahoga county or Hamilton county	123463
that is separately and independently created by section 2151.08 or	123464
Chapter 2153. of the Revised Code and that has jurisdiction under	123465
this chapter and Chapter 2152. of the Revised Code;	123466

(c) If division (A)(1)(a) or (b) of this section does not	123467
apply, the probate division of the court of common pleas.	123468

(2) "Juvenile judge" means a judge of a court having	123469
jurisdiction under this chapter.	123470

(3) "Private child placing agency" means any association, as	123471
defined in section 5103.02 of the Revised Code, that is certified	123472
under section 5103.03 of the Revised Code to accept temporary,	123473
permanent, or legal custody of children and place the children for	123474
either foster care or adoption.	123475

(4) "Private noncustodial agency" means any person,	123476
organization, association, or society certified by the department	123477
of job and family services that does not accept temporary or	123478
permanent legal custody of children, that is privately operated in	123479
this state, and that does one or more of the following:	123480

(a) Receives and cares for children for two or more	123481
consecutive weeks;	123482

(b) Participates in the placement of children in certified	123483
foster homes;	123484

(c) Provides adoption services in conjunction with a public	123485
children services agency or private child placing agency.	123486

(B) As used in this chapter:

123487

(1) "Adequate parental care" means the provision by a child's	123488
parent or parents, guardian, or custodian of adequate food,	123489
clothing, and shelter to ensure the child's health and physical	123490
safety and the provision by a child's parent or parents of	123491
specialized services warranted by the child's physical or mental	123492
needs.	123493

(2) "Adult" means an individual who is eighteen years of age	123494
or older.	123495

(3) "Agreement for temporary custody" means a voluntary	123496
agreement authorized by section 5103.15 of the Revised Code that	123497
transfers the temporary custody of a child to a public children	123498
services agency or a private child placing agency.	123499

(4) "Alternative response" means the public children services	123500
agency's response to a report of child abuse or neglect that	123501
engages the family in a comprehensive evaluation of child safety,	123502
risk of subsequent harm, and family strengths and needs and that	123503
does not include a determination as to whether child abuse or	123504
neglect occurred.	123505

(5) "Certified foster home" means a foster home, as defined	123506
in section 5103.02 of the Revised Code, certified under section	123507
5103.03 of the Revised Code.	123508

(6) "Child" means a person who is under eighteen years of	123509
age, except that the juvenile court has jurisdiction over any	123510
person who is adjudicated an unruly child prior to attaining	123511
eighteen years of age until the person attains twenty-one years of	123512
age, and, for purposes of that jurisdiction related to that	123513
adjudication, a person who is so adjudicated an unruly child shall	123514
be deemed a "child" until the person attains twenty-one years of	123515
age.	123516

(7) "Child day camp," "child care," "child day-care center,"	123517
"part-time child day-care center," "type A family day-care home,"	123518
"licensed type B family day-care home," "type B family day-care	123519
home," "administrator of a child day-care center," "administrator	123520
of a type A family day-care home," and "in-home aide" have the	123521
same meanings as in section 5104.01 of the Revised Code.	123522

(8) "Child care provider" means an individual who is a	123523
child-care staff member or administrator of a child day-care	123524
center, a type A family day-care home, or a type B family day-care	123525
home, or an in-home aide or an individual who is licensed, is	123526
regulated, is approved, operates under the direction of, or	123527
otherwise is certified by the department of job and family	123528
services, department of developmental disabilities, or the early	123529
childhood programs of the department of education.	123530

(9) "Chronic truant" has the same meaning as in section	123531
2152.02 of the Revised Code.	123532

(10) "Commit" means to vest custody as ordered by the court.

123533

(11) "Counseling" includes both of the following:

123534

(a) General counseling services performed by a public	123535
children services agency or shelter for victims of domestic	123536
violence to assist a child, a child's parents, and a child's	123537
siblings in alleviating identified problems that may cause or have	123538
caused the child to be an abused, neglected, or dependent child.	123539

(b) Psychiatric or psychological therapeutic counseling	123540
services provided to correct or alleviate any mental or emotional	123541
illness or disorder and performed by a licensed psychiatrist,	123542
licensed psychologist, or a person licensed under Chapter 4757. of	123543
the Revised Code to engage in social work or professional	123544
counseling.	123545

(12) "Custodian" means a person who has legal custody of a	123546
child or a public children services agency or private child	123547
placing agency that has permanent, temporary, or legal custody of	123548
a child.	123549

(13) "Delinquent child" has the same meaning as in section	123550
2152.02 of the Revised Code.	123551

(14) "Detention" means the temporary care of children pending	123552
court adjudication or disposition, or execution of a court order,	123553
in a public or private facility designed to physically restrict	123554
the movement and activities of children.	123555

(15) "Developmental disability" has the same meaning as in	123556
section 5123.01 of the Revised Code.	123557

(16) "Differential response approach" means an approach that	123558
a public children services agency may use to respond to accepted	123559
reports of child abuse or neglect with either an alternative	123560
response or a traditional response.	123561

(17) "Foster caregiver" has the same meaning as in section	123562
5103.02 of the Revised Code.	123563

(18) "Guardian" means a person, association, or corporation	123564
that is granted authority by a probate court pursuant to Chapter	123565
2111. of the Revised Code to exercise parental rights over a child	123566
to the extent provided in the court's order and subject to the	123567
residual parental rights of the child's parents.	123568

(19) "Habitual truant" means any child of compulsory school	123569
age who is absent without legitimate excuse for absence from the	123570
public school the child is supposed to attend for five or more	123571
consecutive school days, seven or more school days in one school	123572
month, or twelve or more school days in a school year.	123573

(20) "Juvenile traffic offender" has the same meaning as in	123574
section 2152.02 of the Revised Code.	123575

(21) "Legal custody" means a legal status that vests in the	123576
custodian the right to have physical care and control of the child	123577
and to determine where and with whom the child shall live, and the	123578
right and duty to protect, train, and discipline the child and to	123579
provide the child with food, shelter, education, and medical care,	123580
all subject to any residual parental rights, privileges, and	123581
responsibilities. An individual granted legal custody shall	123582
exercise the rights and responsibilities personally unless	123583
otherwise authorized by any section of the Revised Code or by the	123584
court.	123585

(22) A "legitimate excuse for absence from the public school	123586
the child is supposed to attend" includes, but is not limited to,	123587
any of the following:	123588

(a) The fact that the child in question has enrolled in and	123589
is attending another public or nonpublic school in this or another	123590
state;	123591

(b) The fact that the child in question is excused from	123592
attendance at school for any of the reasons specified in section	123593
3321.04 of the Revised Code;	123594

(c) The fact that the child in question has received an age	123595
and schooling certificate in accordance with section 3331.01 of	123596
the Revised Code.	123597

(23) "Mental illness" and "mentally ill person subject to	123598
hospitalization by court order" have the same meanings as in	123599
section 5122.01 of the Revised Code.	123600

(24) "Mental injury" means any behavioral, cognitive,	123601
emotional, or mental disorder in a child caused by an act or	123602
omission that is described in section 2919.22 of the Revised Code	123603
and is committed by the parent or other person responsible for the	123604
child's care.	123605

(25) "Mentally retarded person" has the same meaning as in	123606
section 5123.01 of the Revised Code.	123607

(26) "Nonsecure care, supervision, or training" means care,	123608
supervision, or training of a child in a facility that does not	123609
confine or prevent movement of the child within the facility or	123610
from the facility.	123611

(27) "Of compulsory school age" has the same meaning as in	123612
section 3321.01 of the Revised Code.	123613

(28) "Organization" means any institution, public,	123614
semipublic, or private, and any private association, society, or	123615
agency located or operating in the state, incorporated or	123616
unincorporated, having among its functions the furnishing of	123617
protective services or care for children, or the placement of	123618
children in certified foster homes or elsewhere.	123619

(29) "Out-of-home care" means detention facilities, shelter	123620
facilities, certified children's crisis care facilities, certified	123621
foster homes, placement in a prospective adoptive home prior to	123622
the issuance of a final decree of adoption, organizations,	123623
certified organizations, child day-care centers, type A family	123624
day-care homes, type B family day-care homes, child care provided	123625
by in-home aides, group home providers, group homes, institutions,	123626
state institutions, residential facilities, residential care	123627
facilities, residential camps, day camps, public schools,	123628
chartered nonpublic schools, educational service centers,	123629
hospitals, and medical clinics that are responsible for the care,	123630
physical custody, or control of children.	123631

(30) "Out-of-home care child abuse" means any of the	123632
following when committed by a person responsible for the care of a	123633
child in out-of-home care:	123634

(a) Engaging in sexual activity with a child in the person's	123635
care;	123636

(b) Denial to a child, as a means of punishment, of proper or	123637
necessary subsistence, education, medical care, or other care	123638
necessary for a child's health;	123639

(c) Use of restraint procedures on a child that cause injury	123640
or pain;	123641

(d) Administration of prescription drugs or psychotropic	123642
medication to the child without the written approval and ongoing	123643
supervision of a licensed physician;	123644

(e) Commission of any act, other than by accidental means,	123645
that results in any injury to or death of the child in out-of-home	123646
care or commission of any act by accidental means that results in	123647
an injury to or death of a child in out-of-home care and that is	123648
at variance with the history given of the injury or death.	123649

(31) "Out-of-home care child neglect" means any of the	123650
following when committed by a person responsible for the care of a	123651
child in out-of-home care:	123652

(a) Failure to provide reasonable supervision according to	123653
the standards of care appropriate to the age, mental and physical	123654
condition, or other special needs of the child;	123655

(b) Failure to provide reasonable supervision according to	123656
the standards of care appropriate to the age, mental and physical	123657
condition, or other special needs of the child, that results in	123658
sexual or physical abuse of the child by any person;	123659

123660

(i) Administration of prescription drugs or psychotropic	123661
drugs for the child;	123662

(ii) Assuring that the instructions of the licensed physician	123663
who prescribed a drug for the child are followed;	123664

(iii) Reporting to the licensed physician who prescribed the	123665
drug all unfavorable or dangerous side effects from the use of the	123666
drug.	123667

(d) Failure to provide proper or necessary subsistence,	123668
education, medical care, or other individualized care necessary	123669
for the health or well-being of the child;	123670

(e) Confinement of the child to a locked room without	123671
monitoring by staff;	123672

(f) Failure to provide ongoing security for all prescription	123673
and nonprescription medication;	123674

(g) Isolation of a child for a period of time when there is	123675
substantial risk that the isolation, if continued, will impair or	123676
retard the mental health or physical well-being of the child.	123677

(32) "Permanent custody" means a legal status that vests in a	123678
public children services agency or a private child placing agency,	123679
all parental rights, duties, and obligations, including the right	123680
to consent to adoption, and divests the natural parents or	123681
adoptive parents of all parental rights, privileges, and	123682
obligations, including all residual rights and obligations.	123683

(33) "Permanent surrender" means the act of the parents or,	123684
if a child has only one parent, of the parent of a child, by a	123685
voluntary agreement authorized by section 5103.15 of the Revised	123686
Code, to transfer the permanent custody of the child to a public	123687
children services agency or a private child placing agency.	123688

(34) "Person" means an individual, association, corporation,	123689
or partnership and the state or any of its political subdivisions,	123690
departments, or agencies.	123691

(35) "Person responsible for a child's care in out-of-home	123692
care" means any of the following:	123693

(a) Any foster caregiver, in-home aide, or provider;

123694

(b) Any administrator, employee, or agent of any of the	123695
following: a public or private detention facility; shelter	123696
facility; certified children's crisis care facility; organization;	123697
certified organization; child day-care center; type A family	123698
day-care home; licensed type B family day-care home; group home;	123699
institution; state institution; residential facility; residential	123700
care facility; residential camp; day camp; school district;	123701
community school; chartered nonpublic school; educational service	123702
center; hospital; or medical clinic;	123703

(c) Any person who supervises or coaches children as part of	123704
an extracurricular activity sponsored by a school district, public	123705
school, or chartered nonpublic school;	123706

(d) Any other person who performs a similar function with	123707
respect to, or has a similar relationship to, children.	123708

(36) "Physically impaired" means having one or more of the	123709
following conditions that substantially limit one or more of an	123710
individual's major life activities, including self-care, receptive	123711
and expressive language, learning, mobility, and self-direction:	123712

(a) A substantial impairment of vision, speech, or hearing;

123713

(b) A congenital orthopedic impairment;

123714

(c) An orthopedic impairment caused by disease, rheumatic	123715
fever or any other similar chronic or acute health problem, or	123716
amputation or another similar cause.	123717

(37) "Placement for adoption" means the arrangement by a	123718
public children services agency or a private child placing agency	123719
with a person for the care and adoption by that person of a child	123720
of whom the agency has permanent custody.	123721

(38) "Placement in foster care" means the arrangement by a	123722
public children services agency or a private child placing agency	123723
for the out-of-home care of a child of whom the agency has	123724
temporary custody or permanent custody.	123725

(39) "Planned permanent living arrangement" means an order of	123726
a juvenile court pursuant to which both of the following apply:	123727

(a) The court gives legal custody of a child to a public	123728
children services agency or a private child placing agency without	123729
the termination of parental rights.	123730

(b) The order permits the agency to make an appropriate	123731
placement of the child and to enter into a written agreement with	123732
a foster care provider or with another person or agency with whom	123733
the child is placed.	123734

(40) "Practice of social work" and "practice of professional	123735
counseling" have the same meanings as in section 4757.01 of the	123736
Revised Code.	123737

(41) "Sanction, service, or condition" means a sanction,	123738
service, or condition created by court order following an	123739
adjudication that a child is an unruly child that is described in	123740
division (A)(4) of section 2152.19 of the Revised Code.	123741

(42) "Protective supervision" means an order of disposition	123742
pursuant to which the court permits an abused, neglected,	123743
dependent, or unruly child to remain in the custody of the child's	123744
parents, guardian, or custodian and stay in the child's home,	123745
subject to any conditions and limitations upon the child, the	123746
child's parents, guardian, or custodian, or any other person that	123747
the court prescribes, including supervision as directed by the	123748
court for the protection of the child.	123749

(43) "Psychiatrist" has the same meaning as in section	123750
5122.01 of the Revised Code.	123751

(44) "Psychologist" has the same meaning as in section	123752
4732.01 of the Revised Code.	123753

(45) "Residential camp" means a program in which the care,	123754
physical custody, or control of children is accepted overnight for	123755
recreational or recreational and educational purposes.	123756

(46) "Residential care facility" means an institution,	123757
residence, or facility that is licensed by the department of	123758
~~mental health~~mental health and addiction services under section	123759
~~5119.22~~5119.34 of the Revised Code and that provides care for a	123760
child.	123761

(47) "Residential facility" means a home or facility that is	123762
licensed by the department of developmental disabilities under	123763
section 5123.19 of the Revised Code and in which a child with a	123764
developmental disability resides.	123765

(48) "Residual parental rights, privileges, and	123766
responsibilities" means those rights, privileges, and	123767
responsibilities remaining with the natural parent after the	123768
transfer of legal custody of the child, including, but not	123769
necessarily limited to, the privilege of reasonable visitation,	123770
consent to adoption, the privilege to determine the child's	123771
religious affiliation, and the responsibility for support.	123772

(49) "School day" means the school day established by the	123773
~~state~~ board of education of the applicable school district	123774
pursuant to section ~~3313.48~~3313.481 of the Revised Code.	123775

(50) "School ~~month" and "school~~ year" ~~have~~has the same	123776
~~meanings~~meaning as in section 3313.62 of the Revised Code.	123777

(51) "Secure correctional facility" means a facility under	123778
the direction of the department of youth services that is designed	123779
to physically restrict the movement and activities of children and	123780
used for the placement of children after adjudication and	123781
disposition.	123782

(52) "Sexual activity" has the same meaning as in section	123783
2907.01 of the Revised Code.	123784

(53) "Shelter" means the temporary care of children in	123785
physically unrestricted facilities pending court adjudication or	123786
disposition.	123787

(54) "Shelter for victims of domestic violence" has the same	123788
meaning as in section 3113.33 of the Revised Code.	123789

(55) "Temporary custody" means legal custody of a child who	123790
is removed from the child's home, which custody may be terminated	123791
at any time at the discretion of the court or, if the legal	123792
custody is granted in an agreement for temporary custody, by the	123793
person who executed the agreement.	123794

(56) "Traditional response" means a public children services	123795
agency's response to a report of child abuse or neglect that	123796
encourages engagement of the family in a comprehensive evaluation	123797
of the child's current and future safety needs and a fact-finding	123798
process to determine whether child abuse or neglect occurred and	123799
the circumstances surrounding the alleged harm or risk of harm.	123800

(C) For the purposes of this chapter, a child shall be	123801
presumed abandoned when the parents of the child have failed to	123802
visit or maintain contact with the child for more than ninety	123803
days, regardless of whether the parents resume contact with the	123804
child after that period of ninety days.	123805

Sec. 2923.126. (A) A concealed handgun license that is	123806
issued under section 2923.125 of the Revised Code shall expire	123807
five years after the date of issuance. A licensee who has been	123808
issued a license under that section shall be granted a grace	123809
period of thirty days after the licensee's license expires during	123810
which the licensee's license remains valid. Except as provided in	123811
divisions (B) and (C) of this section, a licensee who has been	123812
issued a concealed handgun license under section 2923.125 or	123813
2923.1213 of the Revised Code may carry a concealed handgun	123814
anywhere in this state if the licensee also carries a valid	123815
license and valid identification when the licensee is in actual	123816
possession of a concealed handgun. The licensee shall give notice	123817
of any change in the licensee's residence address to the sheriff	123818
who issued the license within forty-five days after that change.	123819

If a licensee is the driver or an occupant of a motor vehicle	123820
that is stopped as the result of a traffic stop or a stop for	123821
another law enforcement purpose and if the licensee is	123822
transporting or has a loaded handgun in the motor vehicle at that	123823
time, the licensee shall promptly inform any law enforcement	123824
officer who approaches the vehicle while stopped that the licensee	123825
has been issued a concealed handgun license and that the licensee	123826
currently possesses or has a loaded handgun; the licensee shall	123827
not knowingly disregard or fail to comply with lawful orders of a	123828
law enforcement officer given while the motor vehicle is stopped,	123829
knowingly fail to remain in the motor vehicle while stopped, or	123830
knowingly fail to keep the licensee's hands in plain sight after	123831
any law enforcement officer begins approaching the licensee while	123832
stopped and before the officer leaves, unless directed otherwise	123833
by a law enforcement officer; and the licensee shall not knowingly	123834
have contact with the loaded handgun by touching it with the	123835
licensee's hands or fingers, in any manner in violation of	123836
division (E) of section 2923.16 of the Revised Code, after any law	123837
enforcement officer begins approaching the licensee while stopped	123838
and before the officer leaves. Additionally, if a licensee is the	123839
driver or an occupant of a commercial motor vehicle that is	123840
stopped by an employee of the motor carrier enforcement unit for	123841
the purposes defined in section 5503.04 of the Revised Code and if	123842
the licensee is transporting or has a loaded handgun in the	123843
commercial motor vehicle at that time, the licensee shall promptly	123844
inform the employee of the unit who approaches the vehicle while	123845
stopped that the licensee has been issued a concealed handgun	123846
license and that the licensee currently possesses or has a loaded	123847
handgun.	123848

If a licensee is stopped for a law enforcement purpose and if	123849
the licensee is carrying a concealed handgun at the time the	123850
officer approaches, the licensee shall promptly inform any law	123851
enforcement officer who approaches the licensee while stopped that	123852
the licensee has been issued a concealed handgun license and that	123853
the licensee currently is carrying a concealed handgun; the	123854
licensee shall not knowingly disregard or fail to comply with	123855
lawful orders of a law enforcement officer given while the	123856
licensee is stopped or knowingly fail to keep the licensee's hands	123857
in plain sight after any law enforcement officer begins	123858
approaching the licensee while stopped and before the officer	123859
leaves, unless directed otherwise by a law enforcement officer;	123860
and the licensee shall not knowingly remove, attempt to remove,	123861
grasp, or hold the loaded handgun or knowingly have contact with	123862
the loaded handgun by touching it with the licensee's hands or	123863
fingers, in any manner in violation of division (B) of section	123864
2923.12 of the Revised Code, after any law enforcement officer	123865
begins approaching the licensee while stopped and before the	123866
officer leaves.	123867

(B) A valid concealed handgun license does not authorize the	123868
licensee to carry a concealed handgun in any manner prohibited	123869
under division (B) of section 2923.12 of the Revised Code or in	123870
any manner prohibited under section 2923.16 of the Revised Code. A	123871
valid license does not authorize the licensee to carry a concealed	123872
handgun into any of the following places:	123873

(1) A police station, sheriff's office, or state highway	123874
patrol station, premises controlled by the bureau of criminal	123875
identification and investigation, a state correctional	123876
institution, jail, workhouse, or other detention facility, an	123877
airport passenger terminal, or an institution that is maintained,	123878
operated, managed, and governed pursuant to division (A) of	123879
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	123880
section 5123.03 of the Revised Code;	123881

(2) A school safety zone if the licensee's carrying the	123882
concealed handgun is in violation of section 2923.122 of the	123883
Revised Code;	123884

(3) A courthouse or another building or structure in which a	123885
courtroom is located, in violation of section 2923.123 of the	123886
Revised Code;	123887

(4) Any premises or open air arena for which a D permit has	123888
been issued under Chapter 4303. of the Revised Code if the	123889
licensee's carrying the concealed handgun is in violation of	123890
section 2923.121 of the Revised Code;	123891

(5) Any premises owned or leased by any public or private	123892
college, university, or other institution of higher education,	123893
unless the handgun is in a locked motor vehicle or the licensee is	123894
in the immediate process of placing the handgun in a locked motor	123895
vehicle;	123896

(6) Any church, synagogue, mosque, or other place of worship,	123897
unless the church, synagogue, mosque, or other place of worship	123898
posts or permits otherwise;	123899

(7) A child day-care center, a type A family day-care home,	123900
or a type B family day-care home, except that this division does	123901
not prohibit a licensee who resides in a type A family day-care	123902
home or a type B family day-care home from carrying a concealed	123903
handgun at any time in any part of the home that is not dedicated	123904
or used for day-care purposes, or from carrying a concealed	123905
handgun in a part of the home that is dedicated or used for	123906
day-care purposes at any time during which no children, other than	123907
children of that licensee, are in the home;	123908

(8) An aircraft that is in, or intended for operation in,	123909
foreign air transportation, interstate air transportation,	123910
intrastate air transportation, or the transportation of mail by	123911
aircraft;	123912

(9) Any building that is a government facility of this state	123913
or a political subdivision of this state and that is not a	123914
building that is used primarily as a shelter, restroom, parking	123915
facility for motor vehicles, or rest facility and is not a	123916
courthouse or other building or structure in which a courtroom is	123917
located that is subject to division (B)(3) of this section;	123918

(10) A place in which federal law prohibits the carrying of	123919
handguns.	123920

(C)(1) Nothing in this section shall negate or restrict a	123921
rule, policy, or practice of a private employer that is not a	123922
private college, university, or other institution of higher	123923
education concerning or prohibiting the presence of firearms on	123924
the private employer's premises or property, including motor	123925
vehicles owned by the private employer. Nothing in this section	123926
shall require a private employer of that nature to adopt a rule,	123927
policy, or practice concerning or prohibiting the presence of	123928
firearms on the private employer's premises or property, including	123929
motor vehicles owned by the private employer.	123930

(2)(a) A private employer shall be immune from liability in a	123931
civil action for any injury, death, or loss to person or property	123932
that allegedly was caused by or related to a licensee bringing a	123933
handgun onto the premises or property of the private employer,	123934
including motor vehicles owned by the private employer, unless the	123935
private employer acted with malicious purpose. A private employer	123936
is immune from liability in a civil action for any injury, death,	123937
or loss to person or property that allegedly was caused by or	123938
related to the private employer's decision to permit a licensee to	123939
bring, or prohibit a licensee from bringing, a handgun onto the	123940
premises or property of the private employer. As used in this	123941
division, "private employer" includes a private college,	123942
university, or other institution of higher education.	123943

(b) A political subdivision shall be immune from liability in	123944
a civil action, to the extent and in the manner provided in	123945
Chapter 2744. of the Revised Code, for any injury, death, or loss	123946
to person or property that allegedly was caused by or related to a	123947
licensee bringing a handgun onto any premises or property owned,	123948
leased, or otherwise under the control of the political	123949
subdivision. As used in this division, "political subdivision" has	123950
the same meaning as in section 2744.01 of the Revised Code.	123951

(3)(a) Except as provided in division (C)(3)(b) of this	123952
section, the owner or person in control of private land or	123953
premises, and a private person or entity leasing land or premises	123954
owned by the state, the United States, or a political subdivision	123955
of the state or the United States, may post a sign in a	123956
conspicuous location on that land or on those premises prohibiting	123957
persons from carrying firearms or concealed firearms on or onto	123958
that land or those premises. Except as otherwise provided in this	123959
division, a person who knowingly violates a posted prohibition of	123960
that nature is guilty of criminal trespass in violation of	123961
division (A)(4) of section 2911.21 of the Revised Code and is	123962
guilty of a misdemeanor of the fourth degree. If a person	123963
knowingly violates a posted prohibition of that nature and the	123964
posted land or premises primarily was a parking lot or other	123965
parking facility, the person is not guilty of criminal trespass in	123966
violation of division (A)(4) of section 2911.21 of the Revised	123967
Code and instead is subject only to a civil cause of action for	123968
trespass based on the violation.	123969

(b) A landlord may not prohibit or restrict a tenant who is a	123970
licensee and who on or after September 9, 2008, enters into a	123971
rental agreement with the landlord for the use of residential	123972
premises, and the tenant's guest while the tenant is present, from	123973
lawfully carrying or possessing a handgun on those residential	123974
premises.	123975

123976

(i) "Residential premises" has the same meaning as in section	123977
5321.01 of the Revised Code, except "residential premises" does	123978
not include a dwelling unit that is owned or operated by a college	123979
or university.	123980

(ii) "Landlord," "tenant," and "rental agreement" have the	123981
same meanings as in section 5321.01 of the Revised Code.	123982

(D) A person who holds a concealed handgun license issued by	123983
another state that is recognized by the attorney general pursuant	123984
to a reciprocity agreement entered into pursuant to section 109.69	123985
of the Revised Code has the same right to carry a concealed	123986
handgun in this state as a person who was issued a concealed	123987
handgun license under section 2923.125 of the Revised Code and is	123988
subject to the same restrictions that apply to a person who	123989
carries a license issued under that section.	123990

(E) A peace officer has the same right to carry a concealed	123991
handgun in this state as a person who was issued a concealed	123992
handgun license under section 2923.125 of the Revised Code. For	123993
purposes of reciprocity with other states, a peace officer shall	123994
be considered to be a licensee in this state.	123995

(F)(1) A qualified retired peace officer who possesses a	123996
retired peace officer identification card issued pursuant to	123997
division (F)(2) of this section and a valid firearms	123998
requalification certification issued pursuant to division (F)(3)	123999
of this section has the same right to carry a concealed handgun in	124000
this state as a person who was issued a concealed handgun license	124001
under section 2923.125 of the Revised Code and is subject to the	124002
same restrictions that apply to a person who carries a license	124003
issued under that section. For purposes of reciprocity with other	124004
states, a qualified retired peace officer who possesses a retired	124005
peace officer identification card issued pursuant to division	124006
(F)(2) of this section and a valid firearms requalification	124007
certification issued pursuant to division (F)(3) of this section	124008
shall be considered to be a licensee in this state.	124009

(2)(a) Each public agency of this state or of a political	124010
subdivision of this state that is served by one or more peace	124011
officers shall issue a retired peace officer identification card	124012
to any person who retired from service as a peace officer with	124013
that agency, if the issuance is in accordance with the agency's	124014
policies and procedures and if the person, with respect to the	124015
person's service with that agency, satisfies all of the following:	124016

(i) The person retired in good standing from service as a	124017
peace officer with the public agency, and the retirement was not	124018
for reasons of mental instability.	124019

(ii) Before retiring from service as a peace officer with	124020
that agency, the person was authorized to engage in or supervise	124021
the prevention, detection, investigation, or prosecution of, or	124022
the incarceration of any person for, any violation of law and the	124023
person had statutory powers of arrest.	124024

(iii) At the time of the person's retirement as a peace	124025
officer with that agency, the person was trained and qualified to	124026
carry firearms in the performance of the peace officer's duties.	124027

(iv) Before retiring from service as a peace officer with	124028
that agency, the person was regularly employed as a peace officer	124029
for an aggregate of fifteen years or more, or, in the alternative,	124030
the person retired from service as a peace officer with that	124031
agency, after completing any applicable probationary period of	124032
that service, due to a service-connected disability, as determined	124033
by the agency.	124034

(b) A retired peace officer identification card issued to a	124035
person under division (F)(2)(a) of this section shall identify the	124036
person by name, contain a photograph of the person, identify the	124037
public agency of this state or of the political subdivision of	124038
this state from which the person retired as a peace officer and	124039
that is issuing the identification card, and specify that the	124040
person retired in good standing from service as a peace officer	124041
with the issuing public agency and satisfies the criteria set	124042
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	124043
addition to the required content specified in this division, a	124044
retired peace officer identification card issued to a person under	124045
division (F)(2)(a) of this section may include the firearms	124046
requalification certification described in division (F)(3) of this	124047
section, and if the identification card includes that	124048
certification, the identification card shall serve as the firearms	124049
requalification certification for the retired peace officer. If	124050
the issuing public agency issues credentials to active law	124051
enforcement officers who serve the agency, the agency may comply	124052
with division (F)(2)(a) of this section by issuing the same	124053
credentials to persons who retired from service as a peace officer	124054
with the agency and who satisfy the criteria set forth in	124055
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	124056
credentials so issued to retired peace officers are stamped with	124057
the word "RETIRED."	124058

(c) A public agency of this state or of a political	124059
subdivision of this state may charge persons who retired from	124060
service as a peace officer with the agency a reasonable fee for	124061
issuing to the person a retired peace officer identification card	124062
pursuant to division (F)(2)(a) of this section.	124063

(3) If a person retired from service as a peace officer with	124064
a public agency of this state or of a political subdivision of	124065
this state and the person satisfies the criteria set forth in	124066
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	124067
may provide the retired peace officer with the opportunity to	124068
attend a firearms requalification program that is approved for	124069
purposes of firearms requalification required under section	124070
109.801 of the Revised Code. The retired peace officer may be	124071
required to pay the cost of the course.	124072

If a retired peace officer who satisfies the criteria set	124073
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	124074
firearms requalification program that is approved for purposes of	124075
firearms requalification required under section 109.801 of the	124076
Revised Code, the retired peace officer's successful completion of	124077
the firearms requalification program requalifies the retired peace	124078
officer for purposes of division (F) of this section for five	124079
years from the date on which the program was successfully	124080
completed, and the requalification is valid during that five-year	124081
period. If a retired peace officer who satisfies the criteria set	124082
forth in divisions (F)(2)(a)(i) to (iv) of this section	124083
satisfactorily completes such a firearms requalification program,	124084
the retired peace officer shall be issued a firearms	124085
requalification certification that identifies the retired peace	124086
officer by name, identifies the entity that taught the program,	124087
specifies that the retired peace officer successfully completed	124088
the program, specifies the date on which the course was	124089
successfully completed, and specifies that the requalification is	124090
valid for five years from that date of successful completion. The	124091
firearms requalification certification for a retired peace officer	124092
may be included in the retired peace officer identification card	124093
issued to the retired peace officer under division (F)(2) of this	124094
section.	124095

A retired peace officer who attends a firearms	124096
requalification program that is approved for purposes of firearms	124097
requalification required under section 109.801 of the Revised Code	124098
may be required to pay the cost of the program.	124099

(G) As used in this section:

124100

(1) "Qualified retired peace officer" means a person who	124101
satisfies all of the following:	124102

(a) The person satisfies the criteria set forth in divisions	124103
(F)(2)(a)(i) to (v) of this section.	124104

(b) The person is not under the influence of alcohol or	124105
another intoxicating or hallucinatory drug or substance.	124106

(c) The person is not prohibited by federal law from	124107
receiving firearms.	124108

(2) "Retired peace officer identification card" means an	124109
identification card that is issued pursuant to division (F)(2) of	124110
this section to a person who is a retired peace officer.	124111

(3) "Government facility of this state or a political	124112
subdivision of this state" means any of the following:	124113

(a) A building or part of a building that is owned or leased	124114
by the government of this state or a political subdivision of this	124115
state and where employees of the government of this state or the	124116
political subdivision regularly are present for the purpose of	124117
performing their official duties as employees of the state or	124118
political subdivision;	124119

(b) The office of a deputy registrar serving pursuant to	124120
Chapter 4503. of the Revised Code that is used to perform deputy	124121
registrar functions.	124122

Sec. 5104.012. (A)(1) At the times specified in this	124123
division, the administrator of a child day-care center or a type A	124124
family day-care home shall request the superintendent of the	124125
bureau of criminal identification and investigation to conduct a	124126
criminal records check with respect to any applicant who has	124127
applied to the center or type A home for employment as a person	124128
responsible for the care, custody, or control of a child.	124129

The administrator shall request a criminal records check	124130
pursuant to this division at the time of the applicant's initial	124131
application for employment and every ~~four~~five years thereafter.	124132
When the administrator requests pursuant to this division a	124133
criminal records check for an applicant at the time of the	124134
applicant's initial application for employment, the administrator	124135
shall request that the superintendent obtain information from the	124136
federal bureau of investigation as a part of the criminal records	124137
check for the applicant, including fingerprint-based checks of	124138
national crime information databases as described in 42 U.S.C.	124139
671, for the person subject to the criminal records check. In all	124140
other cases in which the administrator requests a criminal records	124141
check for an applicant pursuant to this division, the	124142
administrator may request that the superintendent include	124143
information from the federal bureau of investigation in the	124144
criminal records check, including fingerprint-based checks of	124145
national crime information databases as described in 42 U.S.C.	124146
671.	124147

(2) A person required by division (A)(1) of this section to	124148
request a criminal records check shall provide to each applicant a	124149
copy of the form prescribed pursuant to division (C)(1) of section	124150
109.572 of the Revised Code, provide to each applicant a standard	124151
impression sheet to obtain fingerprint impressions prescribed	124152
pursuant to division (C)(2) of section 109.572 of the Revised	124153
Code, obtain the completed form and impression sheet from each	124154
applicant, and forward the completed form and impression sheet to	124155
the superintendent of the bureau of criminal identification and	124156
investigation at the time the person requests a criminal records	124157
check pursuant to division (A)(1) of this section. On and after	124158
August 14, 2008, the administrator of a child day-care center or a	124159
type A family day-care home shall review the results of the	124160
criminal records check before the applicant has sole	124161
responsibility for the care, custody, or control of any child.	124162

(3) An applicant who receives pursuant to division (A)(2) of	124163
this section a copy of the form prescribed pursuant to division	124164
(C)(1) of section 109.572 of the Revised Code and a copy of an	124165
impression sheet prescribed pursuant to division (C)(2) of that	124166
section and who is requested to complete the form and provide a	124167
set of fingerprint impressions shall complete the form or provide	124168
all the information necessary to complete the form and shall	124169
provide the impression sheet with the impressions of the	124170
applicant's fingerprints. If an applicant, upon request, fails to	124171
provide the information necessary to complete the form or fails to	124172
provide impressions of the applicant's fingerprints, the center or	124173
type A home shall not employ that applicant for any position for	124174
which a criminal records check is required by division (A)(1) of	124175
this section.	124176

(B)(1) Except as provided in rules adopted under division (E)	124177
of this section, no child day-care center or type A family	124178
day-care home shall employ or contract with another entity for the	124179
services of a person as a person responsible for the care,	124180
custody, or control of a child if the person previously has been	124181
convicted of or pleaded guilty to any of the violations described	124182
in division (A)(5) of section 109.572 of the Revised Code.	124183

(2) A child day-care center or type A family day-care home	124184
may employ an applicant conditionally until the criminal records	124185
check required by this section is completed and the center or home	124186
receives the results of the criminal records check. If the results	124187
of the criminal records check indicate that, pursuant to division	124188
(B)(1) of this section, the applicant does not qualify for	124189
employment, the center or home shall release the applicant from	124190
employment.	124191

(C)(1) Each child day-care center and type A family day-care	124192
home shall pay to the bureau of criminal identification and	124193
investigation the fee prescribed pursuant to division (C)(3) of	124194
section 109.572 of the Revised Code for each criminal records	124195
check conducted in accordance with that section upon the request	124196
pursuant to division (A)(1) of this section of the administrator	124197
or provider of the center or home.	124198

(2) A child day-care center and type A family day-care home	124199
may charge an applicant a fee for the costs it incurs in obtaining	124200
a criminal records check under this section. A fee charged under	124201
this division shall not exceed the amount of fees the center or	124202
home pays under division (C)(1) of this section. If a fee is	124203
charged under this division, the center or home shall notify the	124204
applicant at the time of the applicant's initial application for	124205
employment of the amount of the fee and that, unless the fee is	124206
paid, the center or type A home will not consider the applicant	124207
for employment.	124208

(D) The report of any criminal records check conducted by the	124209
bureau of criminal identification and investigation in accordance	124210
with section 109.572 of the Revised Code and pursuant to a request	124211
under division (A)(1) of this section is not a public record for	124212
the purposes of section 149.43 of the Revised Code and shall not	124213
be made available to any person other than the applicant who is	124214
the subject of the criminal records check or the applicant's	124215
representative; the center or type A home requesting the criminal	124216
records check or its representative; the department of job and	124217
family services or a county department of job and family services;	124218
and any court, hearing officer, or other necessary individual	124219
involved in a case dealing with the denial of employment to the	124220
applicant.	124221

(E) The director of job and family services shall adopt rules	124222
pursuant to Chapter 119. of the Revised Code to implement this	124223
section, including rules specifying circumstances under which a	124224
center or home may hire a person who has been convicted of an	124225
offense listed in division (B)(1) of this section but who meets	124226
standards in regard to rehabilitation set by the department.	124227

(F) Any person required by division (A)(1) of this section to	124228
request a criminal records check shall inform each person, at the	124229
time of the person's initial application for employment, that the	124230
person is required to provide a set of impressions of the person's	124231
fingerprints and that a criminal records check is required to be	124232
conducted and satisfactorily completed in accordance with section	124233
109.572 of the Revised Code if the person comes under final	124234
consideration for appointment or employment as a precondition to	124235
employment for that position.	124236

(G) As used in this section:

124237

(1) "Applicant" means a person who is under final	124238
consideration for appointment to or employment in a position with	124239
a child day-care center or a type A family day-care home as a	124240
person responsible for the care, custody, or control of a child or	124241
any person who would serve in any position with a child day-care	124242
center or a type A family day-care home as a person responsible	124243
for the care, custody, or control of a child pursuant to a	124244
contract with another entity.	124245

(2) "Criminal records check" has the same meaning as in	124246
section 109.572 of the Revised Code.	124247

Sec. 5104.013. (A)(1) At the times specified in division	124248
(A)(3) of this section, the director of job and family services,	124249
as part of the process of licensure of child day-care centers,	124250
type A family day-care homes, and licensed type B family day-care	124251
homes shall request the superintendent of the bureau of criminal	124252
identification and investigation to conduct a criminal records	124253
check with respect to the following persons:	124254

(a) Any owner, licensee, or administrator of a child day-care	124255
center;	124256

(b) Any owner, licensee, or administrator of a type A family	124257
day-care home and any person eighteen years of age or older who	124258
resides in a type A family day-care home;	124259

(c) Any administrator of a licensed type B family day-care	124260
home and any person eighteen years of age or older who resides in	124261
a licensed type B family day-care home.	124262

(2) At the time specified in division (A)(3) of this section,	124263
the director of a county department of job and family services, as	124264
part of the process of certification of in-home aides, shall	124265
request the superintendent of the bureau of criminal	124266
identification and investigation to conduct a criminal records	124267
check with respect to any in-home aide.	124268

(3) The director of job and family services shall request a	124269
criminal records check pursuant to division (A)(1) of this section	124270
at the time of the initial application for licensure and every	124271
~~four~~five years thereafter. The director of a county department of	124272
job and family services shall request a criminal records check	124273
pursuant to division (A)(2) of this section at the time of the	124274
initial application for certification and every ~~four~~five years	124275
thereafter. When the director of job and family services or the	124276
director of a county department of job and family services	124277
requests pursuant to division (A)(1) or (2) of this section a	124278
criminal records check for a person at the time of the person's	124279
initial application for licensure or certification, the director	124280
shall request that the superintendent of the bureau of criminal	124281
identification and investigation obtain information from the	124282
federal bureau of investigation as a part of the criminal records	124283
check for the person, including fingerprint-based checks of	124284
national crime information databases as described in 42 U.S.C. 671	124285
for the person subject to the criminal records check. In all other	124286
cases in which the director of job and family services or the	124287
director of a county department of job and family services	124288
requests a criminal records check for an applicant pursuant to	124289
division (A)(1) or (2) of this section, the director may request	124290
that the superintendent include information from the federal	124291
bureau of investigation in the criminal records check, including	124292
fingerprint-based checks of national crime information databases	124293
as described in 42 U.S.C. 671.	124294

(4) The director of job and family services shall review the	124295
results of a criminal records check subsequent to a request made	124296
pursuant to divisions (A)(1) and (3) of this section prior to	124297
approval of a license. The director of a county department of job	124298
and family services shall review the results of a criminal records	124299
check subsequent to a request made pursuant to divisions (A)(2)	124300
and (3) of this section prior to approval of certification.	124301

(B) The director of job and family services or the director	124302
of a county department of job and family services shall provide to	124303
each person for whom a criminal records check is required under	124304
this section a copy of the form prescribed pursuant to division	124305
(C)(1) of section 109.572 of the Revised Code and a standard	124306
impression sheet to obtain fingerprint impressions prescribed	124307
pursuant to division (C)(2) of that section, obtain the completed	124308
form and impression sheet from that person, and forward the	124309
completed form and impression sheet to the superintendent of the	124310
bureau of criminal identification and investigation.	124311

(C) A person who receives pursuant to division (B) of this	124312
section a copy of the form and standard impression sheet described	124313
in that division and who is requested to complete the form and	124314
provide a set of fingerprint impressions shall complete the form	124315
or provide all the information necessary to complete the form and	124316
shall provide the impression sheet with the impressions of the	124317
person's fingerprints. If the person, upon request, fails to	124318
provide the information necessary to complete the form or fails to	124319
provide impressions of the person's fingerprints, the director may	124320
consider the failure as a reason to deny licensure or	124321
certification.	124322

(D) Except as provided in rules adopted under division (G) of	124323
this section, the director of job and family services shall not	124324
grant a license to a child day-care center, type A family day-care	124325
home, or type B family day-care home and a county director of job	124326
and family services shall not certify an in-home aide if a person	124327
for whom a criminal records check was required in connection with	124328
the center or home previously has been convicted of or pleaded	124329
guilty to any of the violations described in division (A)(5) of	124330
section 109.572 of the Revised Code.	124331

(E) Each child day-care center, type A family day-care home,	124332
and type B family day-care home shall pay to the bureau of	124333
criminal identification and investigation the fee prescribed	124334
pursuant to division (C)(3) of section 109.572 of the Revised Code	124335
for each criminal records check conducted in accordance with that	124336
section upon a request made pursuant to division (A) of this	124337
section.	124338

(F) The report of any criminal records check conducted by the	124339
bureau of criminal identification and investigation in accordance	124340
with section 109.572 of the Revised Code and pursuant to a request	124341
made under division (A) of this section is not a public record for	124342
the purposes of section 149.43 of the Revised Code and shall not	124343
be made available to any person other than the person who is the	124344
subject of the criminal records check or the person's	124345
representative, the director of job and family services, the	124346
director of a county department of job and family services, the	124347
center, type A home, or type B home involved, and any court,	124348
hearing officer, or other necessary individual involved in a case	124349
dealing with a denial of licensure or certification related to the	124350
criminal records check.	124351

(G) The director of job and family services shall adopt rules	124352
in accordance with Chapter 119. of the Revised Code to implement	124353
this section, including rules specifying exceptions to the	124354
prohibition in division (D) of this section for persons who have	124355
been convicted of an offense listed in that division but who meet	124356
standards in regard to rehabilitation set by the director.	124357

(H) As used in this section, "criminal records check" has the	124358
same meaning as in section 109.572 of the Revised Code.	124359

Sec. 5104.03. (A) Any person, firm, organization,	124360
institution, or agency seeking to establish a child day-care	124361
center, type A family day-care home, or licensed type B family	124362
day-care home shall apply for a license to the director of job and	124363
family services on such form as the director prescribes. The	124364
director shall provide at no charge to each applicant for	124365
licensure a copy of the child care license requirements in this	124366
chapter and a copy of the rules adopted pursuant to this chapter.	124367
The copies may be provided in paper or electronic form.	124368

Fees shall be set by the director pursuant to sections	124369
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	124370
paid at the time of application for a license to operate a center,	124371
type A home, or type B home. Fees collected under this section	124372
shall be paid into the state treasury to the credit of the general	124373
revenue fund.	124374

(B)(1) Upon filing of the application for a license, the	124375
director shall investigate and inspect the center, type A home, or	124376
type B home to determine the license capacity for each age	124377
category of children of the center, type A home, or type B home	124378
and to determine whether the center, type A home, or type B home	124379
complies with this chapter and rules adopted pursuant to this	124380
chapter. When, after investigation and inspection, the director is	124381
satisfied that this chapter and rules adopted pursuant to it are	124382
complied with, subject to division (H) of this section, a license	124383
shall be issued as soon as practicable in such form and manner as	124384
prescribed by the director. The license shall be designated as	124385
provisional and shall be valid for twelve months from the date of	124386
issuance unless revoked.	124387

(2) The director may contract with a government entity or a	124388
private nonprofit entity for the entity to inspect and license	124389
type B family day-care homes pursuant to this section. The	124390
department, government entity, or nonprofit entity shall conduct	124391
the inspection prior to the issuance of a license for the type B	124392
home and, as part of that inspection, ensure that the type B home	124393
is safe and sanitary.	124394

(C)(1) On receipt of an application for licensure as a type B	124395
family day-care home to provide publicly funded child care, the	124396
department shall search the uniform statewide automated child	124397
welfare information system for information concerning any abuse or	124398
neglect report made pursuant to section 2151.421 of the Revised	124399
Code of which the applicant, any other adult residing in the	124400
applicant's home, or a person designated by the applicant to be an	124401
emergency or substitute caregiver for the applicant is the	124402
subject.	124403

(2) The department shall consider any information it	124404
discovers pursuant to division (C)(1) of this section or that is	124405
provided by a public children services agency pursuant to section	124406
5153.175 of the Revised Code. If the department determines that	124407
the information, when viewed within the totality of the	124408
circumstances, reasonably leads to the conclusion that the	124409
applicant may directly or indirectly endanger the health, safety,	124410
or welfare of children, the department shall deny the application	124411
for licensure or revoke the license of a type B family day-care	124412
home.	124413

(D) The director shall investigate and inspect the center,	124414
type A home, or type B home at least once during operation under a	124415
license designated as provisional. If after the investigation and	124416
inspection the director determines that the requirements of this	124417
chapter and rules adopted pursuant to this chapter are met,	124418
subject to division (H) of this section, the director shall issue	124419
a new license to the center or home.	124420

(E) Each license shall state the name of the licensee, the	124421
name of the administrator, the address of the center, type A home,	124422
or licensed type B home, and the license capacity for each age	124423
category of children. The license shall include thereon, in	124424
accordance with sections 5104.015, 5104.017, and 5104.018 of the	124425
Revised Code, the toll-free telephone number to be used by persons	124426
suspecting that the center, type A home, or licensed type B home	124427
has violated a provision of this chapter or rules adopted pursuant	124428
to this chapter. A license is valid only for the licensee,	124429
administrator, address, and license capacity for each age category	124430
of children designated on the license. The license capacity	124431
specified on the license is the maximum number of children in each	124432
age category that may be cared for in the center, type A home, or	124433
licensed type B home at one time.	124434

The center or type A home licensee shall notify the director	124435
when the administrator of the center or home changes. The director	124436
shall amend the current license to reflect a change in an	124437
administrator, if the administrator meets the requirements of this	124438
chapter and rules adopted pursuant to this chapter, or a change in	124439
license capacity for any age category of children as determined by	124440
the director of job and family services.	124441

(F) If the director revokes the license of a center, a type A	124442
home, or a type B home, the director shall not issue another	124443
license to the owner of the center, type A home, or type B home	124444
until five years have elapsed from the date the license is	124445
revoked.	124446

If the director denies an application for a license, the	124447
director shall not accept another application from the applicant	124448
until five years have elapsed from the date the application is	124449
denied.	124450

(G) If during the application for licensure process the	124451
director determines that the license of the owner has been	124452
revoked, the investigation of the center, type A home, or type B	124453
home shall cease. This action does not constitute denial of the	124454
application and may not be appealed under division (H) of this	124455
section.	124456

(H) All actions of the director with respect to licensing	124457
centers, type A homes, or type B homes, refusal to license, and	124458
revocation of a license shall be in accordance with Chapter 119.	124459
of the Revised Code. Any applicant who is denied a license or any	124460
owner whose license is revoked may appeal in accordance with	124461
section 119.12 of the Revised Code.	124462

(I) In no case shall the director issue a license under this	124463
section for a center, type A home, or type B home if the director,	124464
based on documentation provided by the appropriate county	124465
department of job and family services, determines that the	124466
applicant had been certified as a type B family day-care home when	124467
such certifications were issued by county departments prior to ~~the~~	124468
~~effective date of this amendment~~January 1, 2014, that the county	124469
department revoked that certification within the immediately	124470
preceding five years, that the revocation was based on the	124471
applicant's refusal or inability to comply with the criteria for	124472
certification, and that the refusal or inability resulted in a	124473
risk to the health or safety of children.	124474

(J)(1) Except as provided in division (J)(2) of this section,	124475
an administrator of a type B family day-care home that receives a	124476
license pursuant to this section to provide publicly funded child	124477
care is an independent contractor and is not an employee of the	124478
department of job and family services.	124479

(2) For purposes of Chapter 4141. of the Revised Code,	124480
determinations concerning the employment of an administrator of a	124481
type B family day-care home that receives a license pursuant to	124482
this section shall be determined under Chapter 4141. of the	124483
Revised Code.	124484

Sec. 5104.08. (A) There is hereby created in the department	124485
of job and family services a child care advisory council to advise	124486
and assist the department in the administration of this chapter	124487
and in the development of child care. The council shall consist of	124488
twenty-two voting members appointed by the director of job and	124489
family services with the approval of the governor. The director of	124490
job and family services, the director of developmental	124491
disabilities, the director of ~~mental health~~mental health and	124492
addiction services, the superintendent of public instruction, the	124493
director of health, the director of commerce, and the state fire	124494
marshal shall serve as nonvoting members of the council.	124495

Six members shall be representatives of child care centers	124496
subject to licensing, the members to represent a variety of	124497
centers, including nonprofit and proprietary, from different	124498
geographical areas of the state. At least three members shall be	124499
parents, guardians, or custodians of children receiving child care	124500
or publicly funded child care in the child's own home, a center, a	124501
type A home, a head start program, a licensed type B home, or a	124502
type B home at the time of appointment. Three members shall be	124503
representatives of in-home aides, type A homes, licensed type B	124504
homes, or type B homes or head start programs. At least six	124505
members shall represent county departments of job and family	124506
services. The remaining members shall be representatives of the	124507
teaching, child development, and health professions, and other	124508
individuals interested in the welfare of children. At least six	124509
members of the council shall not be employees or licensees of a	124510
child day-care center, head start program, or type A home, or	124511
providers operating a licensed type B home or type B home, or	124512
in-home aides.	124513

Appointments shall be for three-year terms. Vacancies shall	124514
be filled for the unexpired terms. A member of the council is	124515
subject to removal by the director of job and family services for	124516
a willful and flagrant exercise of authority or power that is not	124517
authorized by law, for a refusal or willful neglect to perform any	124518
official duty as a member of the council imposed by law, or for	124519
being guilty of misfeasance, malfeasance, nonfeasance, or gross	124520
neglect of duty as a member of the council.	124521

There shall be two co-chairpersons of the council. One	124522
co-chairperson shall be the director of job and family services or	124523
the director's designee, and one co-chairperson shall be elected	124524
by the members of the council. The council shall meet as often as	124525
is necessary to perform its duties, provided that it shall meet at	124526
least once in each quarter of each calendar year and at the call	124527
of the co-chairpersons. The co-chairpersons or their designee	124528
shall send to each member a written notice of the date, time, and	124529
place of each meeting.	124530

Members of the council shall serve without compensation, but	124531
shall be reimbursed for necessary expenses.	124532

(B) The child care advisory council shall advise the director	124533
on matters affecting the licensing of centers, type A homes, and	124534
type B homes and the certification of in-home aides. The council	124535
shall make an annual report to the director of job and family	124536
services that addresses the availability, affordability,	124537
accessibility, and quality of child care and that summarizes the	124538
recommendations and plans of action that the council has proposed	124539
to the director during the preceding fiscal year. The director of	124540
job and family services shall provide copies of the report to the	124541
governor, speaker and minority leader of the house of	124542
representatives, and the president and minority leader of the	124543
senate and, on request, shall make copies available to the public.	124544

(C) The director of job and family services shall adopt rules	124545
in accordance with Chapter 119. of the Revised Code to implement	124546
this section.	124547

Sec. 5104.32. (A) Except as provided in division (C) of this	124548
section, all purchases of publicly funded child care shall be made	124549
under a contract entered into by a licensed child day-care center,	124550
licensed type A family day-care home, licensed type B family	124551
day-care home, certified in-home aide, approved child day camp,	124552
licensed preschool program, licensed school child program, or	124553
border state child care provider and the department of job and	124554
family services. All contracts for publicly funded child care	124555
shall be contingent upon the availability of state and federal	124556
funds. The department shall prescribe a standard form to be used	124557
for all contracts for the purchase of publicly funded child care,	124558
regardless of the source of public funds used to purchase the	124559
child care. To the extent permitted by federal law and	124560
notwithstanding any other provision of the Revised Code that	124561
regulates state contracts or contracts involving the expenditure	124562
of state or federal funds, all contracts for publicly funded child	124563
care shall be entered into in accordance with the provisions of	124564
this chapter and are exempt from any other provision of the	124565
Revised Code that regulates state contracts or contracts involving	124566
the expenditure of state or federal funds.	124567

(B) Each contract for publicly funded child care shall	124568
specify at least the following:	124569

(1) That the provider of publicly funded child care agrees to	124570
be paid for rendering services at the lower of the rate	124571
customarily charged by the provider for children enrolled for	124572
child care or the reimbursement ceiling or rate of payment	124573
established pursuant to section 5104.30 of the Revised Code;	124574

(2) That, if a provider provides child care to an individual	124575
potentially eligible for publicly funded child care who is	124576
subsequently determined to be eligible, the department agrees to	124577
pay for all child care provided between the date the county	124578
department of job and family services receives the individual's	124579
completed application and the date the individual's eligibility is	124580
determined;	124581

(3) Whether the county department of job and family services,	124582
the provider, or a child care resource and referral service	124583
organization will make eligibility determinations, whether the	124584
provider or a child care resource and referral service	124585
organization will be required to collect information to be used by	124586
the county department to make eligibility determinations, and the	124587
time period within which the provider or child care resource and	124588
referral service organization is required to complete required	124589
eligibility determinations or to transmit to the county department	124590
any information collected for the purpose of making eligibility	124591
determinations;	124592

(4) That the provider, other than a border state child care	124593
provider, shall continue to be licensed, approved, or certified	124594
pursuant to this chapter and shall comply with all standards and	124595
other requirements in this chapter and in rules adopted pursuant	124596
to this chapter for maintaining the provider's license, approval,	124597
or certification;	124598

(5) That, in the case of a border state child care provider,	124599
the provider shall continue to be licensed, certified, or	124600
otherwise approved by the state in which the provider is located	124601
and shall comply with all standards and other requirements	124602
established by that state for maintaining the provider's license,	124603
certificate, or other approval;	124604

(6) Whether the provider will be paid by the state department	124605
of job and family services or in some other manner as prescribed	124606
by rules adopted under section 5104.42 of the Revised Code;	124607

(7) That the contract is subject to the availability of state	124608
and federal funds.	124609

(C) Unless specifically prohibited by federal law or by rules	124610
adopted under section 5104.42 of the Revised Code, the county	124611
department of job and family services shall give individuals	124612
eligible for publicly funded child care the option of obtaining	124613
certificates that the individual may use to purchase services from	124614
any provider qualified to provide publicly funded child care under	124615
section 5104.31 of the Revised Code. Providers of publicly funded	124616
child care may present these certificates for payment in	124617
accordance with rules that the director of job and family services	124618
shall adopt. Only providers may receive payment for certificates.	124619
The value of the certificate shall be based on the lower of the	124620
rate customarily charged by the provider or the rate of payment	124621
established pursuant to section 5104.30 of the Revised Code. The	124622
county department may provide the certificates to the individuals	124623
or may contract with child care providers or child care resource	124624
and referral service organizations that make determinations of	124625
eligibility for publicly funded child care pursuant to contracts	124626
entered into under section 5104.34 of the Revised Code for the	124627
providers or resource and referral service organizations to	124628
provide the certificates to individuals whom they determine are	124629
eligible for publicly funded child care.	124630

For each six-month period a provider of publicly funded child	124631
care provides publicly funded child care to the child of an	124632
individual given certificates, the individual shall provide the	124633
provider certificates for days the provider would have provided	124634
publicly funded child care to the child had the child been	124635
present. The maximum number of days providers shall be provided	124636
certificates shall not exceed ten days in a six-month period	124637
during which publicly funded child care is provided to the child	124638
regardless of the number of providers that provide publicly funded	124639
child care to the child during that period.	124640

(D)(1) The department shall establish the Ohio electronic	124641
child care system to track attendance and calculate payments for	124642
publicly funded child care. The system shall include issuing an	124643
electronic child care card to each caretaker parent to swipe	124644
through a point of service device issued to an eligible provider,	124645
as described in section 5104.31 of the Revised Code.	124646

(2) Each eligible provider that provides publicly funded	124647
child care shall participate in the Ohio electronic child care	124648
system. A provider participating in the system shall not do any of	124649
the following:	124650

(a) Use or have possession of an electronic child care card	124651
issued to a caretaker parent;	124652

(b) Falsify attendance records;

124653

(c) Knowingly seek payment for publicly funded child care	124654
that was not provided;	124655

(d) Knowingly accept reimbursement for publicly funded child	124656
care that was not provided.	124657

Section 110.21. That the existing versions of sections	124658
109.57, 2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08,	124659
and 5104.32 of the Revised Code that are scheduled to take effect	124660
January 1, 2014, are hereby repealed.	124661

Section 110.22. Sections 110.20 and 110.21 of this act shall	124662
take effect January 1, 2014, except that the amendments by	124663
Sections 110.20 and 110.21 of this act to divisions (B)(49) and	124664
(50) of section 2151.011 of the Revised Code shall take effect	124665
July 1, 2014.	124666

Section 110.30. That the versions of sections 4501.01 and	124667
4507.06 of the Revised Code that are scheduled to take effect	124668
January 1, 2017, be amended to read as follows:	124669

Sec. 4501.01. As used in this chapter and Chapters 4503.,	124670
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	124671
Revised Code, and in the penal laws, except as otherwise provided:	124672

(A) "Vehicles" means everything on wheels or runners,	124673
including motorized bicycles, but does not mean electric personal	124674
assistive mobility devices, vehicles that are operated exclusively	124675
on rails or tracks or from overhead electric trolley wires, and	124676
vehicles that belong to any police department, municipal fire	124677
department, or volunteer fire department, or that are used by such	124678
a department in the discharge of its functions.	124679

(B) "Motor vehicle" means any vehicle, including mobile homes	124680
and recreational vehicles, that is propelled or drawn by power	124681
other than muscular power or power collected from overhead	124682
electric trolley wires. "Motor vehicle" does not include utility	124683
vehicles as defined in division (VV) of this section, under-speed	124684
vehicles as defined in division (XX) of this section, mini-trucks	124685
as defined in division (BBB) of this section, motorized bicycles,	124686
road rollers, traction engines, power shovels, power cranes, and	124687
other equipment used in construction work and not designed for or	124688
employed in general highway transportation, well-drilling	124689
machinery, ditch-digging machinery, farm machinery, and trailers	124690
that are designed and used exclusively to transport a boat between	124691
a place of storage and a marina, or in and around a marina, when	124692
drawn or towed on a public road or highway for a distance of no	124693
more than ten miles and at a speed of twenty-five miles per hour	124694
or less.	124695

(C) "Agricultural tractor" and "traction engine" mean any	124696
self-propelling vehicle that is designed or used for drawing other	124697
vehicles or wheeled machinery, but has no provisions for carrying	124698
loads independently of such other vehicles, and that is used	124699
principally for agricultural purposes.	124700

(D) "Commercial tractor," except as defined in division (C)	124701
of this section, means any motor vehicle that has motive power and	124702
either is designed or used for drawing other motor vehicles, or is	124703
designed or used for drawing another motor vehicle while carrying	124704
a portion of the other motor vehicle or its load, or both.	124705

(E) "Passenger car" means any motor vehicle that is designed	124706
and used for carrying not more than nine persons and includes any	124707
motor vehicle that is designed and used for carrying not more than	124708
fifteen persons in a ridesharing arrangement.	124709

(F) "Collector's vehicle" means any motor vehicle or	124710
agricultural tractor or traction engine that is of special	124711
interest, that has a fair market value of one hundred dollars or	124712
more, whether operable or not, and that is owned, operated,	124713
collected, preserved, restored, maintained, or used essentially as	124714
a collector's item, leisure pursuit, or investment, but not as the	124715
owner's principal means of transportation. "Licensed collector's	124716
vehicle" means a collector's vehicle, other than an agricultural	124717
tractor or traction engine, that displays current, valid license	124718
tags issued under section 4503.45 of the Revised Code, or a	124719
similar type of motor vehicle that displays current, valid license	124720
tags issued under substantially equivalent provisions in the laws	124721
of other states.	124722

(G) "Historical motor vehicle" means any motor vehicle that	124723
is over twenty-five years old and is owned solely as a collector's	124724
item and for participation in club activities, exhibitions, tours,	124725
parades, and similar uses, but that in no event is used for	124726
general transportation.	124727

(H) "Noncommercial motor vehicle" means any motor vehicle,	124728
including a farm truck as defined in section 4503.04 of the	124729
Revised Code, that is designed by the manufacturer to carry a load	124730
of no more than one ton and is used exclusively for purposes other	124731
than engaging in business for profit.	124732

(I) "Bus" means any motor vehicle that has motor power and is	124733
designed and used for carrying more than nine passengers, except	124734
any motor vehicle that is designed and used for carrying not more	124735
than fifteen passengers in a ridesharing arrangement.	124736

(J) "Commercial car" or "truck" means any motor vehicle that	124737
has motor power and is designed and used for carrying merchandise	124738
or freight, or that is used as a commercial tractor.	124739

(K) "Bicycle" means every device, other than a tricycle that	124740
is designed solely for use as a play vehicle by a child, that is	124741
propelled solely by human power upon which any person may ride,	124742
and that has two tandem wheels, or one wheel in front and two	124743
wheels in the rear, or two wheels in the front and one wheel in	124744
the rear, any of which is more than fourteen inches in diameter.	124745

(L) "Motorized bicycle" or "moped" means any vehicle that	124746
either has two tandem wheels or one wheel in the front and two	124747
wheels in the rear, that may be pedaled, and that is equipped with	124748
a helper motor of not more than fifty cubic centimeters piston	124749
displacement that produces no more than one brake horsepower and	124750
is capable of propelling the vehicle at a speed of no greater than	124751
twenty miles per hour on a level surface.	124752

(M) "Trailer" means any vehicle without motive power that is	124753
designed or used for carrying property or persons wholly on its	124754
own structure and for being drawn by a motor vehicle, and includes	124755
any such vehicle that is formed by or operated as a combination of	124756
a semitrailer and a vehicle of the dolly type such as that	124757
commonly known as a trailer dolly, a vehicle used to transport	124758
agricultural produce or agricultural production materials between	124759
a local place of storage or supply and the farm when drawn or	124760
towed on a public road or highway at a speed greater than	124761
twenty-five miles per hour, and a vehicle that is designed and	124762
used exclusively to transport a boat between a place of storage	124763
and a marina, or in and around a marina, when drawn or towed on a	124764
public road or highway for a distance of more than ten miles or at	124765
a speed of more than twenty-five miles per hour. "Trailer" does	124766
not include a manufactured home or travel trailer.	124767

(N) "Noncommercial trailer" means any trailer, except a	124768
travel trailer or trailer that is used to transport a boat as	124769
described in division (B) of this section, but, where applicable,	124770
includes a vehicle that is used to transport a boat as described	124771
in division (M) of this section, that has a gross weight of no	124772
more than ten thousand pounds, and that is used exclusively for	124773
purposes other than engaging in business for a profit, such as the	124774
transportation of personal items for personal or recreational	124775
purposes.	124776

(O) "Mobile home" means a building unit or assembly of closed	124777
construction that is fabricated in an off-site facility, is more	124778
than thirty-five body feet in length or, when erected on site, is	124779
three hundred twenty or more square feet, is built on a permanent	124780
chassis, is transportable in one or more sections, and does not	124781
qualify as a manufactured home as defined in division (C)(4) of	124782
section 3781.06 of the Revised Code or as an industrialized unit	124783
as defined in division (C)(3) of section 3781.06 of the Revised	124784
Code.	124785

(P) "Semitrailer" means any vehicle of the trailer type that	124786
does not have motive power and is so designed or used with another	124787
and separate motor vehicle that in operation a part of its own	124788
weight or that of its load, or both, rests upon and is carried by	124789
the other vehicle furnishing the motive power for propelling	124790
itself and the vehicle referred to in this division, and includes,	124791
for the purpose only of registration and taxation under those	124792
chapters, any vehicle of the dolly type, such as a trailer dolly,	124793
that is designed or used for the conversion of a semitrailer into	124794
a trailer.	124795

(Q) "Recreational vehicle" means a vehicular portable	124796
structure that meets all of the following conditions:	124797

(1) It is designed for the sole purpose of recreational	124798
travel.	124799

(2) It is not used for the purpose of engaging in business	124800
for profit.	124801

(3) It is not used for the purpose of engaging in intrastate	124802
commerce.	124803

(4) It is not used for the purpose of commerce as defined in	124804
49 C.F.R. 383.5, as amended.	124805

(5) It is not regulated by the public utilities commission	124806
pursuant to Chapter 4905., 4921., or 4923. of the Revised Code.	124807

(6) It is classed as one of the following:

124808

(a) "Travel trailer" or "house vehicle" means a	124809
nonself-propelled recreational vehicle that does not exceed an	124810
overall length of forty feet, exclusive of bumper and tongue or	124811
coupling. "Travel trailer" includes a tent-type fold-out camping	124812
trailer as defined in section 4517.01 of the Revised Code.	124813

(b) "Motor home" means a self-propelled recreational vehicle	124814
that has no fifth wheel and is constructed with permanently	124815
installed facilities for cold storage, cooking and consuming of	124816
food, and for sleeping.	124817

(c) "Truck camper" means a nonself-propelled recreational	124818
vehicle that does not have wheels for road use and is designed to	124819
be placed upon and attached to a motor vehicle. "Truck camper"	124820
does not include truck covers that consist of walls and a roof,	124821
but do not have floors and facilities enabling them to be used as	124822
a dwelling.	124823

(d) "Fifth wheel trailer" means a vehicle that is of such	124824
size and weight as to be movable without a special highway permit,	124825
that is constructed with a raised forward section that allows a	124826
bi-level floor plan, and that is designed to be towed by a vehicle	124827
equipped with a fifth-wheel hitch ordinarily installed in the bed	124828
of a truck.	124829

(e) "Park trailer" means a vehicle that is commonly known as	124830
a park model recreational vehicle, meets the American national	124831
standard institute standard A119.5 (1988) for park trailers, is	124832
built on a single chassis, has a gross trailer area of four	124833
hundred square feet or less when set up, is designed for seasonal	124834
or temporary living quarters, and may be connected to utilities	124835
necessary for the operation of installed features and appliances.	124836

(R) "Pneumatic tires" means tires of rubber and fabric or	124837
tires of similar material, that are inflated with air.	124838

(S) "Solid tires" means tires of rubber or similar elastic	124839
material that are not dependent upon confined air for support of	124840
the load.	124841

(T) "Solid tire vehicle" means any vehicle that is equipped	124842
with two or more solid tires.	124843

(U) "Farm machinery" means all machines and tools that are	124844
used in the production, harvesting, and care of farm products, and	124845
includes trailers that are used to transport agricultural produce	124846
or agricultural production materials between a local place of	124847
storage or supply and the farm, agricultural tractors, threshing	124848
machinery, hay-baling machinery, corn shellers, hammermills, and	124849
machinery used in the production of horticultural, agricultural,	124850
and vegetable products.	124851

(V) "Owner" includes any person or firm, other than a	124852
manufacturer or dealer, that has title to a motor vehicle, except	124853
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	124854
includes in addition manufacturers and dealers.	124855

(W) "Manufacturer" and "dealer" include all persons and firms	124856
that are regularly engaged in the business of manufacturing,	124857
selling, displaying, offering for sale, or dealing in motor	124858
vehicles, at an established place of business that is used	124859
exclusively for the purpose of manufacturing, selling, displaying,	124860
offering for sale, or dealing in motor vehicles. A place of	124861
business that is used for manufacturing, selling, displaying,	124862
offering for sale, or dealing in motor vehicles shall be deemed to	124863
be used exclusively for those purposes even though snowmobiles or	124864
all-purpose vehicles are sold or displayed for sale thereat, even	124865
though farm machinery is sold or displayed for sale thereat, or	124866
even though repair, accessory, gasoline and oil, storage, parts,	124867
service, or paint departments are maintained thereat, or, in any	124868
county having a population of less than seventy-five thousand at	124869
the last federal census, even though a department in a place of	124870
business is used to dismantle, salvage, or rebuild motor vehicles	124871
by means of used parts, if such departments are operated for the	124872
purpose of furthering and assisting in the business of	124873
manufacturing, selling, displaying, offering for sale, or dealing	124874
in motor vehicles. Places of business or departments in a place of	124875
business used to dismantle, salvage, or rebuild motor vehicles by	124876
means of using used parts are not considered as being maintained	124877
for the purpose of assisting or furthering the manufacturing,	124878
selling, displaying, and offering for sale or dealing in motor	124879
vehicles.	124880

(X) "Operator" includes any person who drives or operates a	124881
motor vehicle upon the public highways.	124882

(Y) "Chauffeur" means any operator who operates a motor	124883
vehicle, other than a taxicab, as an employee for hire; or any	124884
operator whether or not the owner of a motor vehicle, other than a	124885
taxicab, who operates such vehicle for transporting, for gain,	124886
compensation, or profit, either persons or property owned by	124887
another. Any operator of a motor vehicle who is voluntarily	124888
involved in a ridesharing arrangement is not considered an	124889
employee for hire or operating such vehicle for gain,	124890
compensation, or profit.	124891

(Z) "State" includes the territories and federal districts of	124892
the United States, and the provinces of Canada.	124893

(AA) "Public roads and highways" for vehicles includes all	124894
public thoroughfares, bridges, and culverts.	124895

(BB) "Manufacturer's number" means the manufacturer's	124896
original serial number that is affixed to or imprinted upon the	124897
chassis or other part of the motor vehicle.	124898

(CC) "Motor number" means the manufacturer's original number	124899
that is affixed to or imprinted upon the engine or motor of the	124900
vehicle.	124901

(DD) "Distributor" means any person who is authorized by a	124902
motor vehicle manufacturer to distribute new motor vehicles to	124903
licensed motor vehicle dealers at an established place of business	124904
that is used exclusively for the purpose of distributing new motor	124905
vehicles to licensed motor vehicle dealers, except when the	124906
distributor also is a new motor vehicle dealer, in which case the	124907
distributor may distribute at the location of the distributor's	124908
licensed dealership.	124909

(EE) "Ridesharing arrangement" means the transportation of	124910
persons in a motor vehicle where the transportation is incidental	124911
to another purpose of a volunteer driver and includes ridesharing	124912
arrangements known as carpools, vanpools, and buspools.	124913

(FF) "Apportionable vehicle" means any vehicle that is used	124914
or intended for use in two or more international registration plan	124915
member jurisdictions that allocate or proportionally register	124916
vehicles, that is used for the transportation of persons for hire	124917
or designed, used, or maintained primarily for the transportation	124918
of property, and that meets any of the following qualifications:	124919

(1) Is a power unit having a gross vehicle weight in excess	124920
of twenty-six thousand pounds;	124921

(2) Is a power unit having three or more axles, regardless of	124922
the gross vehicle weight;	124923

(3) Is a combination vehicle with a gross vehicle weight in	124924
excess of twenty-six thousand pounds.	124925

"Apportionable vehicle" does not include recreational	124926
vehicles, vehicles displaying restricted plates, city pick-up and	124927
delivery vehicles, buses used for the transportation of chartered	124928
parties, or vehicles owned and operated by the United States, this	124929
state, or any political subdivisions thereof.	124930

(GG) "Chartered party" means a group of persons who contract	124931
as a group to acquire the exclusive use of a passenger-carrying	124932
motor vehicle at a fixed charge for the vehicle in accordance with	124933
the carrier's tariff, lawfully on file with the United States	124934
department of transportation, for the purpose of group travel to a	124935
specified destination or for a particular itinerary, either agreed	124936
upon in advance or modified by the chartered group after having	124937
left the place of origin.	124938

(HH) "International registration plan" means a reciprocal	124939
agreement of member jurisdictions that is endorsed by the American	124940
association of motor vehicle administrators, and that promotes and	124941
encourages the fullest possible use of the highway system by	124942
authorizing apportioned registration of fleets of vehicles and	124943
recognizing registration of vehicles apportioned in member	124944
jurisdictions.	124945

(II) "Restricted plate" means a license plate that has a	124946
restriction of time, geographic area, mileage, or commodity, and	124947
includes license plates issued to farm trucks under division (J)	124948
of section 4503.04 of the Revised Code.	124949

(JJ) "Gross vehicle weight," with regard to any commercial	124950
car, trailer, semitrailer, or bus that is taxed at the rates	124951
established under section 4503.042 or 4503.65 of the Revised Code,	124952
means the unladen weight of the vehicle fully equipped plus the	124953
maximum weight of the load to be carried on the vehicle.	124954

(KK) "Combined gross vehicle weight" with regard to any	124955
combination of a commercial car, trailer, and semitrailer, that is	124956
taxed at the rates established under section 4503.042 or 4503.65	124957
of the Revised Code, means the total unladen weight of the	124958
combination of vehicles fully equipped plus the maximum weight of	124959
the load to be carried on that combination of vehicles.	124960

(LL) "Chauffeured limousine" means a motor vehicle that is	124961
designed to carry nine or fewer passengers and is operated for	124962
hire ~~on an hourly basis~~ pursuant to a prearranged contract for the	124963
transportation of passengers on public roads and highways along a	124964
route under the control of the person hiring the vehicle and not	124965
over a defined and regular route. "Prearranged contract" means an	124966
agreement, made in advance of boarding, to provide transportation	124967
from a specific location in a chauffeured limousine ~~at a fixed~~	124968
~~rate per hour or trip~~. "Chauffeured limousine" does not include	124969
any vehicle that is used exclusively in the business of funeral	124970
directing.	124971

(MM) "Manufactured home" has the same meaning as in division	124972
(C)(4) of section 3781.06 of the Revised Code.	124973

(NN) "Acquired situs," with respect to a manufactured home or	124974
a mobile home, means to become located in this state by the	124975
placement of the home on real property, but does not include the	124976
placement of a manufactured home or a mobile home in the inventory	124977
of a new motor vehicle dealer or the inventory of a manufacturer,	124978
remanufacturer, or distributor of manufactured or mobile homes.	124979

(OO) "Electronic" includes electrical, digital, magnetic,	124980
optical, electromagnetic, or any other form of technology that	124981
entails capabilities similar to these technologies.	124982

(PP) "Electronic record" means a record generated,	124983
communicated, received, or stored by electronic means for use in	124984
an information system or for transmission from one information	124985
system to another.	124986

(QQ) "Electronic signature" means a signature in electronic	124987
form attached to or logically associated with an electronic	124988
record.	124989

(RR) "Financial transaction device" has the same meaning as	124990
in division (A) of section 113.40 of the Revised Code.	124991

(SS) "Electronic motor vehicle dealer" means a motor vehicle	124992
dealer licensed under Chapter 4517. of the Revised Code whom the	124993
registrar of motor vehicles determines meets the criteria	124994
designated in section 4503.035 of the Revised Code for electronic	124995
motor vehicle dealers and designates as an electronic motor	124996
vehicle dealer under that section.	124997

(TT) "Electric personal assistive mobility device" means a	124998
self-balancing two non-tandem wheeled device that is designed to	124999
transport only one person, has an electric propulsion system of an	125000
average of seven hundred fifty watts, and when ridden on a paved	125001
level surface by an operator who weighs one hundred seventy pounds	125002
has a maximum speed of less than twenty miles per hour.	125003

(UU) "Limited driving privileges" means the privilege to	125004
operate a motor vehicle that a court grants under section 4510.021	125005
of the Revised Code to a person whose driver's or commercial	125006
driver's license or permit or nonresident operating privilege has	125007
been suspended.	125008

(VV) "Utility vehicle" means a self-propelled vehicle	125009
designed with a bed, principally for the purpose of transporting	125010
material or cargo in connection with construction, agricultural,	125011
forestry, grounds maintenance, lawn and garden, materials	125012
handling, or similar activities.	125013

(WW) "Low-speed vehicle" means a three- or four-wheeled motor	125014
vehicle with an attainable speed in one mile on a paved level	125015
surface of more than twenty miles per hour but not more than	125016
twenty-five miles per hour and with a gross vehicle weight rating	125017
less than three thousand pounds.	125018

(XX) "Under-speed vehicle" means a three- or four-wheeled	125019
vehicle, including a vehicle commonly known as a golf cart, with	125020
an attainable speed on a paved level surface of not more than	125021
twenty miles per hour and with a gross vehicle weight rating less	125022
than three thousand pounds.	125023

(YY) "Motor-driven cycle or motor scooter" means any vehicle	125024
designed to travel on not more than three wheels in contact with	125025
the ground, with a seat for the driver and floor pad for the	125026
driver's feet, and is equipped with a motor with a piston	125027
displacement between fifty and one hundred fifty cubic centimeters	125028
piston displacement that produces not more than five brake	125029
horsepower and is capable of propelling the vehicle at a speed	125030
greater than twenty miles per hour on a level surface.	125031

(ZZ) "Motorcycle" means a motor vehicle with motive power	125032
having a seat or saddle for the use of the operator, designed to	125033
travel on not more than three wheels in contact with the ground,	125034
and having no occupant compartment top or occupant compartment top	125035
that can be installed or removed by the user.	125036

(AAA) "Cab-enclosed motorcycle" means a motor vehicle with	125037
motive power having a seat or saddle for the use of the operator,	125038
designed to travel on not more than three wheels in contact with	125039
the ground, and having an occupant compartment top or an occupant	125040
compartment top that can be installed or removed by the user.	125041

(BBB) "Mini-truck" means a vehicle that has four wheels, is	125042
propelled by an electric motor with a rated power of seven	125043
thousand five hundred watts or less or an internal combustion	125044
engine with a piston displacement capacity of six hundred sixty	125045
cubic centimeters or less, has a total dry weight of nine hundred	125046
to two thousand two hundred pounds, contains an enclosed cabin and	125047
a seat for the vehicle operator, resembles a pickup truck or van	125048
with a cargo area or bed located at the rear of the vehicle, and	125049
was not originally manufactured to meet federal motor vehicle	125050
safety standards.	125051

Sec. 4507.06. (A)(1) Every application for a driver's	125052
license, motorcycle operator's license or endorsement, or	125053
motor-driven cycle or motor scooter license or endorsement, or	125054
duplicate of any such license or endorsement, shall be made upon	125055
the approved form furnished by the registrar of motor vehicles and	125056
shall be signed by the applicant.	125057

Every application shall state the following:

125058

(a) The applicant's name, date of birth, social security	125059
number if such has been assigned, sex, general description,	125060
including height, weight, color of hair, and eyes, residence	125061
address, including county of residence, duration of residence in	125062
this state, and country of citizenship;	125063

(b) Whether the applicant previously has been licensed as an	125064
operator, chauffeur, driver, commercial driver, or motorcycle	125065
operator and, if so, when, by what state, and whether such license	125066
is suspended or canceled at the present time and, if so, the date	125067
of and reason for the suspension or cancellation;	125068

(c) Whether the applicant is now or ever has been afflicted	125069
with epilepsy, or whether the applicant now is suffering from any	125070
physical or mental disability or disease and, if so, the nature	125071
and extent of the disability or disease, giving the names and	125072
addresses of physicians then or previously in attendance upon the	125073
applicant;	125074

(d) Whether an applicant for a duplicate driver's license,	125075
duplicate license containing a motorcycle operator endorsement, or	125076
duplicate license containing a motor-driven cycle or motor scooter	125077
endorsement has pending a citation for violation of any motor	125078
vehicle law or ordinance, a description of any such citation	125079
pending, and the date of the citation;	125080

(e) ~~Whether~~If an applicant has not certified the	125081
applicant's willingness to make an anatomical gift under section	125082
2108.05 of the Revised Code, whether the applicant wishes to	125083
certify willingness to make such an anatomical gift ~~under section~~	125084
~~2108.05 of the Revised Code~~, which shall be given no consideration	125085
in the issuance of a license or endorsement;	125086

(f) Whether the applicant has executed a valid durable power	125087
of attorney for health care pursuant to sections 1337.11 to	125088
1337.17 of the Revised Code or has executed a declaration	125089
governing the use or continuation, or the withholding or	125090
withdrawal, of life-sustaining treatment pursuant to sections	125091
2133.01 to 2133.15 of the Revised Code and, if the applicant has	125092
executed either type of instrument, whether the applicant wishes	125093
the applicant's license to indicate that the applicant has	125094
executed the instrument;	125095

(g) On and after October 7, 2009, whether the applicant is a	125096
veteran, active duty, or reservist of the armed forces of the	125097
United States and, if the applicant is such, whether the applicant	125098
wishes the applicant's license to indicate that the applicant is a	125099
veteran, active duty, or reservist of the armed forces of the	125100
United States by a military designation on the license.	125101

(2) Every applicant for a driver's license shall be	125102
photographed in color at the time the application for the license	125103
is made. The application shall state any additional information	125104
that the registrar requires.	125105

(B) The registrar or a deputy registrar, in accordance with	125106
section 3503.11 of the Revised Code, shall register as an elector	125107
any person who applies for a license or endorsement under division	125108
(A) of this section, or for a renewal or duplicate of the license	125109
or endorsement, if the applicant is eligible and wishes to be	125110
registered as an elector. The decision of an applicant whether to	125111
register as an elector shall be given no consideration in the	125112
decision of whether to issue the applicant a license or	125113
endorsement, or a renewal or duplicate.	125114

(C) The registrar or a deputy registrar, in accordance with	125115
section 3503.11 of the Revised Code, shall offer the opportunity	125116
of completing a notice of change of residence or change of name to	125117
any applicant for a driver's license or endorsement under division	125118
(A) of this section, or for a renewal or duplicate of the license	125119
or endorsement, if the applicant is a registered elector who has	125120
changed the applicant's residence or name and has not filed such a	125121
notice.	125122

(D) In addition to any other information it contains, on and	125123
after October 7, 2009, the approved form furnished by the	125124
registrar of motor vehicles for an application for a license or	125125
endorsement or an application for a duplicate of any such license	125126
or endorsement shall inform applicants that the applicant must	125127
present a copy of the applicant's DD-214 or an equivalent document	125128
in order to qualify to have the license or duplicate indicate that	125129
the applicant is a veteran, active duty, or reservist of the armed	125130
forces of the United States based on a request made pursuant to	125131
division (A)(1)(g) of this section.	125132

Section 110.31. That the existing versions of sections	125133
4501.01 and 4507.06 of the Revised Code that are scheduled to take	125134
effect January 1, 2017, are hereby repealed.	125135

Section 110.32. Sections 110.30 and 110.31 of this act shall	125136
take effect January 1, 2017.	125137

Section 125.10. (A) Sections 5168.01, 5168.02, 5168.03,	125138
5168.04, 5168.05, 5168.06, 5168.07, 5168.08, 5168.09, 5168.10,	125139
5168.11, 5168.12, 5168.13, 5168.99, and 5168.991 of the Revised	125140
Code are hereby repealed, effective October 16, 2015.	125141

(B) Any money remaining in the Legislative Budget Services	125142
Fund on October 16, 2015, the date that section 5168.12 of the	125143
Revised Code is repealed by division (A) of this section, shall be	125144
used solely for the purposes stated in then former section 5168.12	125145
of the Revised Code. When all money in the Legislative Budget	125146
Services Fund has been spent after then former section 5168.12 of	125147
the Revised Code is repealed under division (A) of this section,	125148
the fund shall cease to exist.	125149

Section 125.11. Sections 5168.20, 5168.21, 5168.22, 5168.23,	125150
5168.24, 5168.25, 5168.26, 5168.27, and 5168.28 of the Revised	125151
Code are hereby repealed, effective October 1, 2015.	125152

Section 125.11.10. That Section 267.60.31 of Am. Sub. H.B.	125153
153 of the 129th General Assembly is hereby repealed.	125154

Section 125.12. That Section 153 of Am. Sub. H.B. 117 of the	125155
121st General Assembly, as most recently amended by Am. Sub. H.B.	125156
153 of the 129th General Assembly, is hereby repealed.	125157

Section 125.13. That Section 125.10 of Am. Sub. H.B. 1 of the	125158
128th General Assembly, as most recently amended by Am. Sub. H.B.	125159
153 of the 129th General Assembly, is hereby repealed.	125160

Section 201.10. Except as otherwise provided in this act,	125161
all appropriation items in this act are appropriated out of any	125162
moneys in the state treasury to the credit of the designated fund	125163
that are not otherwise appropriated. For all appropriations made	125164
in this act, the amounts in the first column are for fiscal year	125165
2014 and the amounts in the second column are for fiscal year	125166
2015.	125167

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

125168

General Services Fund Group	125169

4J80	889601	CPA Education Assistance	$	325,000	$	325,000	125170
4K90	889609	Operating Expenses	$	977,500	$	977,500	125171
TOTAL GSF General Services Fund							125172
Group			$	1,302,500	$	1,302,500	125173
TOTAL ALL BUDGET FUND GROUPS			$	1,302,500	$	1,302,500	125174

Section 205.10. ADJ ADJUTANT GENERAL

125176

General Revenue Fund	125177

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	125178
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	125179
GRF	745407	National Guard Benefits	$	400,000	$	400,000	125180
GRF	745409	Central Administration	$	2,682,098	$	2,682,098	125181
GRF	745499	Army National Guard	$	3,689,871	$	3,689,871	125182
TOTAL GRF General Revenue Fund			$	8,594,883	$	8,594,883	125183

General Services Fund Group	125184

5340	745612	Property Operations Management	$	534,304	$	534,304	125185
5360	745605	Marksmanship Activities	$	128,600	$	128,600	125186
5360	745620	Camp Perry and Buckeye Inn Operations	$	978,846	$	978,846	125187
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	125188
TOTAL GSF General Services Fund Group			$	1,703,750	$	1,703,750	125189

Federal Special Revenue Fund Group	125190

3410	745615	Air National Guard Base Security	$	2,919,000	$	2,919,000	125191
3420	745616	Army National Guard Service Agreement	$	15,063,000	$	15,063,000	125192
3E80	745628	Air National Guard Operations and Maintenance	$	16,850,000	$	16,850,000	125193
3R80	745603	Counter Drug Operations	$	15,000	$	15,000	125194
TOTAL FED Federal Special Revenue Fund Group			$	34,847,000	$	34,847,000	125195

State Special Revenue Fund Group	125196

5U80	745613		Community Match Armories		$	350,000		$	350,000		125197
TOTAL SSR State Special Revenue Fund Group					$	350,000		$	350,000		125198

TOTAL ALL BUDGET FUND GROUPS

45,495,633

125199

NATIONAL GUARD BENEFITS

125200

The foregoing appropriation item 745407, National Guard	125201
Benefits, shall be used for purposes of sections 5919.31 and	125202
5919.33 of the Revised Code, and for administrative costs of the	125203
associated programs.	125204

If necessary, in order to pay benefits in a timely manner	125205
pursuant to sections 5919.31 and 5919.33 of the Revised Code, the	125206
Adjutant General may request the Director of Budget and Management	125207
transfer appropriation from any appropriation item used by the	125208
Adjutant General to appropriation item 745407, National Guard	125209
Benefits. The Adjutant General may subsequently seek Controlling	125210
Board approval to restore the appropriation in the appropriation	125211
item from which such a transfer was made.	125212

For active duty members of the Ohio National Guard who died	125213
after October 7, 2001, while performing active duty, the death	125214
benefit, pursuant to section 5919.33 of the Revised Code, shall be	125215
paid to the beneficiary or beneficiaries designated on the	125216
member's Servicemembers' Group Life Insurance Policy.	125217

STATE ACTIVE DUTY COSTS

125218

Of the foregoing appropriation item 745409, Central	125219
Administration, $50,000 in each fiscal year shall be used for the	125220
purpose of paying expenses related to state active duty of members	125221
of the Ohio organized militia, in accordance with a proclamation	125222
of the Governor. Expenses include, but are not limited to, the	125223
cost of equipment, supplies, and services, as determined by the	125224
Adjutant General's Department.	125225

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

125226

General Revenue Fund	125227

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	125228
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	125229
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	125230
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	125231
GRF	100447	Administrative Building Lease Rental Payments	$	85,847,800	$	91,059,600	125232
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	125233
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	125234
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	125235
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	125236
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	125237
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	125238
GRF	100460	Local Government Information Exchange Grants	$	3,500,000	$	0	125239
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	125240
TOTAL GRF General Revenue Fund			$	161,552,951	$	163,247,551	125241

General Services Fund Group	125242

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	125243
1150	100632	Central Service Agency	$	911,580	$	927,699	125244
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	125245
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	125246
1250	100622	Human Resources Division - Operating	$	16,649,839	$	16,649,839	125247
1250	100657	Benefits Communication	$	712,316	$	712,316	125248
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	125249
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	125250
1320	100631	DAS Building Management	$	19,743,170	$	19,743,170	125251
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	125252
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	125253
2100	100612	State Printing	$	20,459,526	$	20,459,526	125254
2290	100630	IT Governance	$	16,446,474	$	16,446,474	125255
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	125256
4270	100602	Investment Recovery	$	3,885,000	$	2,900,000	125257
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	125258
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	125259
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	125260
5C30	100608	Minor Construction Project Management	$	204,375	$	204,375	125261
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	125262
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	125263
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	125264
5KZ0	100659	Building Improvement	$	500,000	$	500,000	125265
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	125266
5LA0	100660	Building Operation	$	27,000,767	$	27,214,648	125267
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	125268
5V60	100619	Employee Educational Development	$	800,000	$	800,000	125269
TOTAL GSF General Services Fund							125270
Group			$	334,781,795	$	321,016,227	125271

Federal Special Revenue Fund Group	125272

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	125273
TOTAL FED Federal Special Revenue							125274
Fund Group			$	1,723,009	$	1,723,009	125275

State Special Revenue Fund Group	125276

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	125277
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	125278
TOTAL SSR State Special Revenue							125279
Fund Group			$	3,109,257	$	1,070,891	125280
TOTAL ALL BUDGET FUND GROUPS			$	501,167,012	$	487,057,678	125281

Section 207.20. OAKS LEASE RENTAL PAYMENTS

125283

The foregoing appropriation item 100415, OAKS Lease Rental	125284
Payments, shall be used for payments at the times they are	125285
required to be made for the period from July 1, 2013, through June	125286
30, 2015, pursuant to leases and agreements entered into under	125287
Chapter 125. of the Revised Code, as supplemented by Section	125288
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	125289
other prior acts of the General Assembly, with respect to	125290
financing the costs associated with the acquisition, development,	125291
installation, and implementation of the Ohio Administrative	125292
Knowledge System. If it is determined that additional	125293
appropriations are necessary for this purpose, the amounts are	125294
hereby appropriated.	125295

Section 207.30. STARS LEASE RENTAL PAYMENTS

125296

The foregoing appropriation item 100416, STARS Lease Rental	125297
Payments, shall be used for payments at the times they are	125298
required to be made for the period from July 1, 2013, through June	125299
30, 2015, pursuant to leases and agreements entered into under	125300
Chapter 125. of the Revised Code, as supplemented by Section	125301
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	125302
other prior acts of the General Assembly, with respect to	125303
financing the cost for the acquisition, development, installation,	125304
and implementation of the State Taxation Accounting and Revenue	125305
System (STARS). If it is determined that additional appropriations	125306
are necessary for this purpose, the amounts are appropriated.	125307

The State Taxation Accounting and Revenue System (STARS) is	125308
an integrated tax collection and audit system that will replace	125309
all of the state's existing separate tax software and	125310
administration systems for the various taxes collected by the	125311
state. The Department of Administrative Services, in conjunction	125312
with the Department of Taxation, may acquire STARS, including, but	125313
not limited to, the application hardware and software and	125314
installation and implementation thereof, for the use of the	125315
Department of Taxation. Any lease-purchase agreement used under	125316
Chapter 125. of the Revised Code to acquire STARS, including any	125317
fractionalized interests as defined in division (N) of section	125318
133.01 of the Revised Code in the lease payments under that	125319
agreement, shall provide at the end of the lease period that the	125320
financed asset becomes the property of the state. The principal	125321
amount of any new such financing is limited, excluding the	125322
principal amounts of any lease-purchase financing heretofore	125323
completed for STARS, to the amount of $20,000,000.	125324

Section 207.40. MARCS LEASE RENTAL PAYMENTS

125325

The foregoing appropriation item 100414, MARCS Lease Rental	125326
Payments, shall be used for payments at the times they are	125327
required to be made for the period from July 1, 2013, through June	125328
30, 2015, pursuant to leases and agreements entered into under	125329
Chapter 125. of the Revised Code, as supplemented by Section	125330
701.20 of Sub. H.B. 482 of the 129th General Assembly, with	125331
respect to financing the cost for the acquisition, development,	125332
installation, and implementation of the Multi-Agency Radio	125333
Communication System (MARCS) upgrade. If it is determined that	125334
additional appropriations are necessary for this purpose, the	125335
amounts are hereby appropriated.	125336

Section 207.50. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	125337
UPGRADE	125338

The Multi-Agency Radio Communications System (MARCS) is a	125339
statewide computer and communications network designed to provide	125340
instant voice and data communication and supply a communications	125341
backbone to public safety and emergency management. The Department	125342
of Administrative Services may update or add functionality to	125343
MARCS to upgrade the existing system to a 700/800 megahertz voice	125344
and data system specifically designed to support interoperable	125345
communications for public safety law enforcement and first	125346
responders. The improvements may include, but are not limited to,	125347
hardware and software and the installation and implementation	125348
thereof. Any lease-purchase agreement utilized under Chapter 125.	125349
of the Revised Code to acquire MARCS and the enhancements	125350
described above, including any fractionalized interest as defined	125351
in division (N) of section 133.01 of the Revised Code in the lease	125352
payments under that agreement, shall provide at the end of the	125353
lease period that the financed asset becomes the property of the	125354
state. The principal amount of any new such financing is limited,	125355
in addition to the principal amounts of lease-purchase financing	125356
heretofore completed for MARCS, to the amount of $27,000,000.	125357

Section 207.60. ADMINISTRATIVE BUILDING LEASE RENTAL PAYMENTS

125358

The foregoing appropriation item 100447, Administrative	125359
Building Lease Rental Payments, shall be used to meet all payments	125360
at the times they are required to be made during the period from	125361
July 1, 2013, through June 30, 2015, by the Department of	125362
Administrative Services pursuant to leases and agreements under	125363
Chapters 152. and 154. of the Revised Code. These appropriations	125364
are the source of funds pledged for bond service charges on	125365
related obligations issued under Chapters 152. and 154. of the	125366
Revised Code.	125367

The foregoing appropriation item 100448, Office Building	125368
Operating Payments, shall be used to pay the expenses of vacant	125369
space, space undergoing renovation, agencies funded by the General	125370
Revenue Fund, and the rent expenses of tenants that have been	125371
relocated because of building renovations that occupy space in the	125372
James A. Rhodes State Office Tower, the Vern Riffe Center for	125373
Government and the Arts, the Frank J. Lausche State Office	125374
Building, the Michael V. DiSalle Government Center, and the Oliver	125375
R. Ocasek Government Office Building.	125376

At least once per year, the portion of appropriation item	125377
100448, Office Building Operating Payments, that is not used for	125378
expenses of agencies funded by the General Revenue Fund, vacant	125379
space, space undergoing renovation, and the rent expenses of	125380
tenants that are relocated because of building renovations shall	125381
be processed by the Department of Administrative Services through	125382
intrastate voucher and placed in the Building Improvements Fund	125383
(Fund 5KZ0).	125384

Section 207.70. DAS - BUILDING OPERATING PAYMENTS

125385

The foregoing appropriation item 100449, DAS - Building	125386
Operating Payments, shall be used to pay the rent expenses of	125387
veterans organizations pursuant to section 123.024 of the Revised	125388
Code in fiscal years 2014 and 2015.	125389

The foregoing appropriation item, 100449, DAS - Building	125390
Operating Payments, also may be used to provide funding for the	125391
cost of property appraisals or building studies that the	125392
Department of Administrative Services may be required to obtain	125393
for property that is being sold by the state or property under	125394
consideration to be renovated or purchased by the state.	125395

Notwithstanding section 125.28 of the Revised Code, the	125396
remaining portion of the appropriation may be used to pay the	125397
operating expenses of state facilities maintained by the	125398
Department of Administrative Services that are not billed to	125399
building tenants, or other costs associated with the Voinovich	125400
Center in Youngstown, Ohio. These expenses may include, but are	125401
not limited to, the costs for vacant space and space undergoing	125402
renovation, and the rent expenses of tenants that are relocated	125403
because of building renovations. These payments may be processed	125404
by the Department of Administrative Services through intrastate	125405
transfer vouchers and placed in the Building Management Fund (Fund	125406
1320) or the Information Technology Services Fund (Fund 1330).	125407

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	125408
HUMAN RESOURCES SERVICES FUND	125409

Upon request of the Director of Administrative Services,	125410
during the FY 2014 - FY 2015 biennium, the Director of Budget and	125411
Management shall transfer up to $975,000 from the Workforce	125412
Development Fund (Fund 5D70) to the Human Resources Services Fund	125413
(Fund 1250) to support one-time human resources administration	125414
activities for state agencies.	125415

Section 207.73. LOCAL GOVERNMENT INFORMATION GRANTS

125416

Of the foregoing appropriation item 100460, Local Government	125417
Information Exchange Grants, up to $100,000 in fiscal year 2014	125418
shall be used by the Director of Administrative Services for	125419
administration and maintenance of the Ohio Local Government	125420
Information Exchange Grant Program and for administration of Local	125421
Government Information Exchange grants. The remainder of the	125422
foregoing appropriation item 100460, Local Government Information	125423
Exchange Grants, shall be used by the Director of Administrative	125424
Services to disburse grant awards to eligible local governments	125425
under section 149.60 of the Revised Code.	125426

On July 1, 2014, or as soon as possible thereafter, the Chief	125427
Information Officer may request that the Director of Budget and	125428
Management approve the reappropriation of the unexpended,	125429
unencumbered balance at the end of fiscal year 2014 of the	125430
foregoing appropriation item 100460, Local Government Information	125431
Exchange Grants, for fiscal year 2015. The Director of Budget and	125432
Management may request additional information necessary for	125433
evaluating the request, and the Director of Administrative	125434
Services shall provide the requested information to the Director	125435
of Budget and Management. Based on the information provided by the	125436
Director of Administrative Services, the Director of Budget and	125437
Management shall determine the amounts to be reappropriated, and	125438
those amounts are hereby reappropriated for fiscal year 2015.	125439

Section 207.80. CENTRAL SERVICE AGENCY FUND

125440

Appropriation item 100632, Central Service Agency, shall be	125441
used to purchase the equipment, products, and services that are	125442
needed to maintain existing automated applications for the	125443
professional licensing boards and the Casino Control Commission to	125444
support board licensing functions in fiscal years 2014 and 2015	125445
until these functions are replaced by the Ohio Professionals	125446
Licensing System. The Department of Administrative Services shall	125447
establish charges for recovering the costs of carrying out these	125448
functions. The charges shall be billed to the professional	125449
licensing boards and the Casino Control Commission, and deposited	125450
via intrastate transfer vouchers to the credit of the Central	125451
Service Agency Fund (Fund 1150).	125452

Upon implementation of the replacement Ohio Professionals	125453
Licensing System and the decommissioning of the existing automated	125454
applications, the Director of Budget and Management may transfer	125455
any cash balances that remain in the Central Service Agency Fund	125456
(Fund 1150) and that are attributable to the operation of the	125457
existing automated applications to the Professions Licensing	125458
System Fund (Fund 5JQ0).	125459

Section 207.90. GENERAL SERVICE CHARGES

125460

The Department of Administrative Services, with the approval	125461
of the Director of Budget and Management, shall establish charges	125462
for recovering the costs of administering the programs funded by	125463
the General Services Fund (Fund 1170) and the State Printing Fund	125464
(Fund 2100). Such charges within Fund 1170 may be used to recover	125465
the cost of paying a vendor to establish reduced pricing for	125466
contracted supplies or services.	125467

If the Director of Administrative Services determines that	125468
additional amounts are necessary to pay for consulting and	125469
administrative costs related to securing lower pricing, the	125470
Director of Administrative Services may request that the Director	125471
of Budget and Management approve additional expenditures. Such	125472
approved additional amounts are appropriated to appropriation item	125473
100644, General Services Division-Operating.	125474

Section 207.100. COLLECTIVE BARGAINING ARBITRATION EXPENSES

125475

With approval of the Director of Budget and Management, the	125476
Department of Administrative Services may seek reimbursement from	125477
state agencies for the actual costs and expenses the Department	125478
incurs in the collective bargaining arbitration process. The	125479
reimbursements shall be processed through intrastate transfer	125480
vouchers and credited to the Collective Bargaining Fund (Fund	125481
1280).	125482

Section 207.110. EQUAL OPPORTUNITY PROGRAM

125483

The Department of Administrative Services, with the approval	125484
of the Director of Budget and Management, shall establish charges	125485
for recovering the costs of administering the activities supported	125486
by the State EEO Fund (Fund 1880). These charges shall be	125487
deposited to the credit of the State EEO Fund (Fund 1880) upon	125488
payment made by state agencies, state-supported or state-assisted	125489
institutions of higher education, and tax-supported agencies,	125490
municipal corporations, and other political subdivisions of the	125491
state, for services rendered.	125492

Section 207.113. LEVERAGED ENTERPRISE PURCHASES

125493

The foregoing appropriation item 100640, Leveraged Enterprise	125494
Purchases, shall be used by the Department of Administrative	125495
Services to make information technology purchases for the benefit	125496
of one or more government entities as authorized under division	125497
(G) of section 125.18 of the Revised Code. If the Director of	125498
Administrative Services determines that additional amounts are	125499
necessary to pay for pass-through information technology purchases	125500
that will be billed to one or more state agencies, the Director of	125501
Administrative Services shall seek Controlling Board approval for	125502
an increase in appropriation to make the requested purchases.	125503

Section 207.120. INVESTMENT RECOVERY FUND

125504

Notwithstanding division (B) of section 125.14 of the Revised	125505
Code, cash balances in the Investment Recovery Fund (Fund 4270)	125506
may be used to support the operating expenses of the Federal	125507
Surplus Operating Program created in sections 125.84 to 125.90 of	125508
the Revised Code.	125509

Of the foregoing appropriation item 100602, Investment	125510
Recovery, up to $1,618,062 in fiscal year 2014 and up to	125511
$1,638,515 in fiscal year 2015 may be used to pay the operating	125512
expenses of the State Surplus Property Program and the Surplus	125513
Federal Property Program, under Chapter 125. of the Revised Code	125514
and this section. If additional appropriations are necessary for	125515
the operations of these programs, the Director of Administrative	125516
Services shall seek increased appropriations from the Controlling	125517
Board under section 131.35 of the Revised Code.	125518

Of the foregoing appropriation item 100602, Investment	125519
Recovery, up to $2,266,938 in fiscal year 2014 and up to	125520
$1,261,485 in fiscal year 2015 shall be used to transfer proceeds	125521
from the sale of surplus property from the Investment Recovery	125522
Fund to non-General Revenue Funds under division (A)(2) of section	125523
125.14 of the Revised Code. If it is determined by the Director of	125524
Administrative Services that additional amounts are necessary for	125525
the transfer of such sale proceeds, the Director of Administrative	125526
Services may request the Director of Budget and Management to	125527
authorize additional amounts. Such authorized additional amounts	125528
are hereby appropriated.	125529

Section 207.130. MAJOR IT PURCHASES CHARGES

125530

The Department of Administrative Services may bill agencies	125531
for actual expenditures made for major IT purchases if those	125532
expenditures are not recovered as part of the information	125533
technology services rates the Department charges and deposits into	125534
the Information Technology Fund (Fund 1330) created in section	125535
125.15 of the Revised Code. These charges shall be deposited to	125536
the credit of the Major IT Purchases Fund (Fund 4N60).	125537

Section 207.140. DAS INFORMATION SERVICES

125538

There is hereby established in the State Treasury the DAS	125539
Information Services Fund. The foregoing appropriation item	125540
100603, DAS Information Services, shall be used to pay the costs	125541
of providing information systems and services in the Department of	125542
Administrative Services. Any state agency, board, or commission	125543
may use DAS Information Services by paying for the services	125544
rendered.	125545

The Department of Administrative Services shall establish	125546
user charges for all information systems and services that are	125547
allowable in the statewide indirect cost allocation plan submitted	125548
annually to the United States Department of Health and Human	125549
Services. These charges shall comply with federal regulations and	125550
shall be deposited to the credit of the DAS Information Services	125551
Fund (Fund 4P30).	125552

Section 207.150. CASH TRANSFER FROM THE MARCS ADMINISTRATION	125553
FUND TO GRF	125554

Upon the request of the Director of Administrative Services,	125555
the Director of Budget and Management may transfer unobligated	125556
cash in the MARCS Administration Fund (Fund 5C20) to the General	125557
Revenue Fund to reimburse the General Revenue Fund for lease	125558
rental payments made on behalf of the MARCS upgrade.	125559

Section 207.160. PROFESSIONS LICENSING SYSTEM

125560

There is hereby created in the state treasury the Professions	125561
Licensing System Fund (Fund 5JQ0). Appropriation item 100658, Ohio	125562
Professionals Licensing System, shall be used to make payments	125563
from the fund. The fund shall be used to purchase the equipment,	125564
products, and services necessary to develop and maintain a	125565
replacement automated licensing system for the professional	125566
licensing boards. The Director of Budget and Management may	125567
transfer up to a total of $990,000 in cash from the Occupational	125568
Licensing and Regulatory Fund (4K90), the State Medical Board	125569
Operating Fund (Fund 5C60), and the Casino Control Commission –	125570
Operating Fund (Fund 5HS0) to the Professions Licensing System	125571
Fund during the FY 2014 - FY 2015 biennium. These transfers shall	125572
be in proportion to the number of current licensees issued by the	125573
professional licensing boards and current and anticipated licenses	125574
in the case of the Casino Control Commission. The purpose of these	125575
cash transfers is to fund the initial acquisition and development	125576
of the system. Any cash balances not expended in fiscal year 2014	125577
are hereby reappropriated in fiscal year 2015.	125578

Effective with the implementation of the replacement	125579
licensing system, the Department of Administrative Services shall	125580
establish charges for recovering the costs of ongoing maintenance	125581
of the system. The charges shall be billed to the professional	125582
licensing boards and the Casino Control Commission, and deposited	125583
via intrastate transfer vouchers to the credit of the Professions	125584
Licensing System Fund.	125585

Section 207.170. BUILDING IMPROVEMENT FUND

125586

The foregoing appropriation item 100659, Building	125587
Improvement, shall be used to make payments from the Building	125588
Improvement Fund (Fund 5KZ0) for major maintenance or improvements	125589
required in the James A. Rhodes State Office Tower, the Vern Riffe	125590
Center for Government and the Arts, the Frank J. Lausche State	125591
Office Building, the Michael V. DiSalle Government Center, and the	125592
Oliver R. Ocasek Government Office. The Department of	125593
Administrative Services shall conduct or contract for regular	125594
assessments of these buildings and shall maintain a cash balance	125595
in the Building Improvement Fund equal to the cost of the repairs	125596
and improvements that are recommended to occur within the next	125597
five years, with the following exception described below.	125598

Upon request of the Director of Administrative Services, the	125599
Director of Budget and Management may permit a cash transfer from	125600
the Building Improvement Fund (Fund 5KZ0) to the Building	125601
Operating Fund (Fund 5LA0) to pay costs of operating and	125602
maintaining the James A. Rhodes State Office Tower, the Vern Riffe	125603
Center for Government and the Arts, the Frank J. Lausche State	125604
Office Building, the Michael V. DiSalle Government Center, and the	125605
Oliver R. Ocasek Government Office that are not charged to tenants	125606
during the same fiscal year.	125607

Should the cash balance in the Building Operating Fund (Fund	125608
5LA0) be determined to be sufficient, the Director of	125609
Administrative Services may request that the Director of Budget	125610
and Management transfer cash from the Building Operating Fund	125611
(Fund 5LA0) to the Building Improvement Fund (Fund 5KZ0) in an	125612
amount equal to the initial cash transfer made under this section	125613
plus applicable interest.	125614

Section 207.180. PROFESSIONAL DEVELOPMENT FUND

125615

The foregoing appropriation item 100610, Professional	125616
Development, shall be used to make payments from the Professional	125617
Development Fund (Fund 5L70) under section 124.182 of the Revised	125618
Code. If it is determined by the Director of Administrative	125619
Services that additional amounts are necessary, the Director of	125620
Administrative Services may request that the Director of Budget	125621
and Management approve additional amounts. Such approved	125622
additional amounts are hereby appropriated.	125623

Section 207.190. BUILDING OPERATING FUND

125624

The foregoing appropriation item 100660, Building Operation,	125625
shall be used to make payments from the Building Operating Fund	125626
(Fund 5LA0) to pay costs of operating and maintaining the James A.	125627
Rhodes State Office Tower, the Vern Riffe Center for Government	125628
and the Arts, the Frank J. Lausche State Office Building, the	125629
Michael V. DiSalle Government Center, and the Oliver R. Ocasek	125630
Government Office.	125631

The Department of Administrative Services, with the approval	125632
of the Director of Budget and Management, shall establish charges	125633
to be reimbursed for the cost of operating these buildings. These	125634
charges shall include the cost of applicable depreciation on the	125635
buildings and the resulting revenue shall be deposited in the	125636
Building Operating Fund (Fund 5LA0).	125637

Section 207.200. INFORMATION TECHNOLOGY DEVELOPMENT

125638

The foregoing appropriation item 100661, IT Development,	125639
shall be used by the Department of Administrative Services to pay	125640
the costs of modernizing the state's information technology	125641
management and investment practices away from a limited,	125642
agency-specific focus in favor of a statewide methodology	125643
supporting development of enterprise solutions.	125644

The Department of Administrative Services, with the approval	125645
of the Director of Budget and Management, may charge state	125646
agencies an information technology development assessment based on	125647
state agencies' information technology expenditures or other	125648
methodology. The revenue from this assessment shall be deposited	125649
in the Information Technology Development Fund (Fund 5LJ0), which	125650
is hereby created.	125651

Section 207.210. EMPLOYEE EDUCATIONAL DEVELOPMENT

125652

The foregoing appropriation item 100619, Employee Educational	125653
Development, shall be used to make payments from the Employee	125654
Educational Development Fund (Fund 5V60) under section 124.86 of	125655
the Revised Code. The fund shall be used to pay the costs of	125656
administering educational programs under existing collective	125657
bargaining agreements with District 1199, the Health Care and	125658
Social Service Union; State Council of Professional Educators;	125659
Ohio Education Association and National Education Association; the	125660
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	125661
State Troopers Association, Units 1 and 15.	125662

If it is determined by the Director of Administrative	125663
Services that additional amounts are necessary, the Director of	125664
Administrative Services may request that the Director of Budget	125665
and Management approve additional amounts. Such approved	125666
additional amounts are hereby appropriated.	125667

Section 207.220. CASH TRANSFERS TO THE MAJOR IT PURCHASES	125668
FUND	125669

Upon request of the Director of Administrative Services, the	125670
Director of Budget and Management may transfer up to $4,000,000	125671
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	125672
IT Purchases Fund (Fund 4N60). This amount represents cash	125673
transferred from Fund 4N60 during fiscal year 2010 pursuant to	125674
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	125675
Assembly. Any portion of appropriation item 100617, Major IT	125676
Purchases, that is unencumbered and unexpended at the end of	125677
fiscal year 2014 is hereby reappropriated for fiscal year 2015.	125678

Section 207.230. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	125679
SERVICE PAYMENTS	125680

The Director of Administrative Services, in consultation with	125681
the Multi-Agency Radio Communication System (MARCS) Steering	125682
Committee and the Director of Budget and Management, shall	125683
determine the share of debt service payments attributable to	125684
spending for MARCS components that are not specific to any one	125685
agency and that shall be charged to agencies supported by the	125686
motor fuel tax. Such share of debt service payments shall be	125687
calculated for MARCS capital disbursements made beginning July 1,	125688
1997. Within thirty days of any payment made from appropriation	125689
item 100447, Administrative Building Lease Payments, the Director	125690
of Administrative Services shall certify to the Director of Budget	125691
and Management the amount of this share. The Director of Budget	125692
and Management shall transfer such amounts to the General Revenue	125693
Fund from the State Highway Safety Fund (Fund 7036) established in	125694
section 4501.06 of the Revised Code.	125695

The Director of Administrative Services shall consider	125696
renting or leasing existing tower sites at reasonable or current	125697
market rates, so long as these existing sites are equipped with	125698
the technical capabilities to support the MARCS project.	125699

Section 207.240. ENTERPRISE IT STRATEGY IMPLEMENTATION

125700

The Director of Administrative Services shall determine and	125701
implement strategies that benefit the enterprise by improving	125702
efficiency, reducing costs or enhancing capacity of information	125703
technology (IT) services. Such improvements and efficiencies may	125704
result in the consolidation and transfer of such services. As	125705
determined to be necessary for successful implementation of this	125706
section and notwithstanding any provision of law to the contrary,	125707
the Director of Administrative Services may request the Director	125708
of Budget and Management to consolidate or transfer IT-specific	125709
budget authority between agencies as necessary to implement	125710
enterprise IT cost containment strategies and related	125711
efficiencies. Once the Director of Budget and Management is	125712
satisfied that the proposed initiative is cost advantageous to the	125713
enterprise, the Director of Budget and Management may transfer	125714
appropriations, funds and cash as needed to implement the proposed	125715
initiative. The establishment of any new fund or total increased	125716
appropriation as a result of this section will be subject to	125717
approval by the Controlling Board.	125718

The Director of Budget and Management and the Director of	125719
Administrative Services may transfer any employees, assets, and	125720
liabilities, including, but not limited to, records, contracts,	125721
and agreements in order to facilitate the improvements determined	125722
in accordance with this section.	125723

Section 209.10. AGE DEPARTMENT OF AGING

125724

General Revenue Fund	125725

GRF	490321	Operating Expenses	$	1,487,418	$	1,487,418	125726
GRF	490410	Long-Term Care Ombudsman	$	477,448	$	477,448	125727
GRF	490411	Senior Community Services	$	7,060,844	$	7,060,844	125728
GRF	490414	Alzheimer's Respite	$	1,995,245	$	1,995,245	125729
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	125730
GRF	656423	Long-Term Care Program Support - State	$	3,385,057	$	3,385,057	125731
TOTAL GRF General Revenue Fund			$	14,647,425	$	14,647,425	125732

General Services Fund Group	125733

4800	490606	Senior Community Outreach and Education	$	372,523	$	372,523	125734
TOTAL GSF General Services Fund							125735
Group			$	372,523	$	372,523	125736

Federal Special Revenue Fund Group	125737

3220	490618	Federal Aging Grants	$	12,000,000	$	12,000,000	125738
3C40	656623	Long-Term Care Program Support - Federal	$	3,385,057	$	3,385,057	125739
3M40	490612	Federal Independence Services	$	58,655,080	$	58,655,080	125740
TOTAL FED Federal Special Revenue							125741
Fund Group			$	74,040,137	$	74,040,137	125742

State Special Revenue Fund Group	125743

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	125744
5BA0	490620	Ombudsman Support	$	1,250,000	$	1,250,000	125745
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	125746
5MT0	490627	Board of Executives of LTSS	$	600,000	$	600,000	125747
5W10	490616	Resident Services Coordinator Program	$	344,700	$	344,700	125748
TOTAL SSR State Special Revenue							125749
Fund Group			$	4,189,100	$	4,189,100	125750
TOTAL ALL BUDGET FUND GROUPS			$	93,249,185	$	93,249,185	125751

Section 209.20. LONG-TERM CARE

125753

Pursuant to an interagency agreement, the Department of	125754
Medicaid may designate the Department of Aging to perform	125755
assessments under section 5165.04 of the Revised Code. The	125756
Department of Aging shall provide long-term care consultations	125757
under section 173.42 of the Revised Code to assist individuals in	125758
planning for their long-term health care needs.	125759

The Department of Aging shall administer the Medicaid	125760
waiver-funded PASSPORT Home Care Program, the Choices Program, the	125761
Assisted Living Program, and PACE as delegated by the Department	125762
of Medicaid in an interagency agreement. The foregoing	125763
appropriation items 656423, Long-Term Care Program Support -	125764
State, and 656623, Long-Term Care Program Support - Federal, may	125765
be used to support the Department of Aging's administrative costs	125766
associated with operating the PASSPORT, Choices, Assisted Living,	125767
and PACE programs.	125768

PERFORMANCE-BASED REIMBURSEMENT

125769

The Department of Aging may design and utilize a payment	125770
method for PASSPORT administrative agency operations that includes	125771
a pay-for-performance incentive component that is earned by a	125772
PASSPORT administrative agency when defined consumer and policy	125773
outcomes are achieved.	125774

Section 209.30. LONG-TERM CARE OMBUDSMAN

125775

The foregoing appropriation item 490410, Long-Term Care	125776
Ombudsman, shall be used to fund ombudsman program activities as	125777
authorized in sections 173.14 to 173.27 and section 173.99 of the	125778
Revised Code.	125779

The State Ombudsman may explore the design of a payment	125780
method for the Ombudsman Program that includes a	125781
pay-for-performance incentive component that is earned by	125782
designated regional long-term care ombudsman programs.	125783

SENIOR COMMUNITY SERVICES

125784

The foregoing appropriation item 490411, Senior Community	125785
Services, shall be used for services designated by the Department	125786
of Aging, including, but not limited to, home-delivered and	125787
congregate meals, transportation services, personal care services,	125788
respite services, adult day services, home repair, care	125789
coordination, prevention and disease self-management, and decision	125790
support systems. Service priority shall be given to low income,	125791
frail, and cognitively impaired persons 60 years of age and over.	125792
The department shall promote cost sharing by service recipients	125793
for those services funded with senior community services funds,	125794
including, when possible, sliding-fee scale payment systems based	125795
on the income of service recipients.	125796

ALZHEIMER'S RESPITE

125797

The foregoing appropriation item 490414, Alzheimer's Respite,	125798
shall be used to fund only Alzheimer's disease services under	125799
section 173.04 of the Revised Code.	125800

NATIONAL SENIOR SERVICE CORPS

125801

The foregoing appropriation item 490506, National Senior	125802
Service Corps, shall be used by the Department of Aging to fund	125803
grants for three Corporation for National and Community	125804
Service/Senior Corps programs: the Foster Grandparents Program,	125805
the Senior Companion Program, and the Retired Senior Volunteer	125806
Program. A recipient of these grant funds shall use the funds to	125807
support priorities established by the Department and the Ohio	125808
State Office of the Corporation for National and Community	125809
Service. The expenditure of these funds by any grant recipient	125810
shall be in accordance with Senior Corps policies and procedures,	125811
as stated in the Domestic Volunteer Service Act of 1973, as	125812
amended. Neither the Department nor any area agencies on aging	125813
that are involved in the distribution of these funds to	125814
lower-tiered grant recipients may use any portion of these funds	125815
to cover administrative costs.	125816

SENIOR COMMUNITY OUTREACH AND EDUCATION

125817

The foregoing appropriation item 490606, Senior Community	125818
Outreach and Education, may be used to provide training to workers	125819
in the field of aging pursuant to division (G) of section 173.02	125820
of the Revised Code.	125821

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	125822
AND FEDERAL AGING GRANTS	125823

At the request of the Director of Aging, the Director of	125824
Budget and Management may transfer appropriation between	125825
appropriation items 490612, Federal Independence Services, and	125826
490618, Federal Aging Grants. The amounts transferred shall not	125827
exceed 30 per cent of the appropriation from which the transfer is	125828
made. Any transfers shall be reported by the Department of Aging	125829
to the Controlling Board at the next scheduled meeting of the	125830
board.	125831

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

125832

The foregoing appropriation item 490609, Regional Long-Term	125833
Care Ombudsman Program, shall be used to pay the costs of	125834
operating the regional long-term care ombudsman programs	125835
designated by the State Long-Term Care Ombudsman.	125836

TRANSFER OF RESIDENT PROTECTION FUNDS

125837

In each fiscal year, the Director of Budget and Management	125838
may transfer up to $1,250,000 cash from the Resident Protection	125839
Fund (Fund 4E30), which is used by the Department of Medicaid, to	125840
the Ombudsman Support Fund (Fund 5BA0), which is used by the	125841
Department of Aging.	125842

The Director of Aging and the Office of the State Long-Term	125843
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	125844
5BA0) to implement a nursing home quality initiative as specified	125845
in section 173.60 of the Revised Code.	125846

LONG-TERM CARE CONSUMERS GUIDE

125847

The foregoing appropriation item 490613, Long-Term Care	125848
Consumers Guide, shall be used to conduct annual consumer	125849
satisfaction surveys and to pay for other administrative expenses	125850
related to the publication of the Ohio Long-Term Care Consumer	125851
Guide.	125852

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	125853
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	125854

On July 1, 2013, or as soon as possible thereafter, the	125855
Director of Health shall certify to the Director of Budget and	125856
Management the cash balance relating to the Board of Examiners of	125857
Nursing Home Administrators in the General Operations Fund (Fund	125858
4700), used by the Department of Health. Upon receiving this	125859
certification, the Director of Budget and Management may transfer	125860
this cash from the General Operations Fund (Fund 4700) to the	125861
Board of Executives of Long-Term Services and Supports Fund (Fund	125862
5MT0), used by the Department of Aging. If this transfer occurs,	125863
the Director of Budget and Management shall cancel any existing	125864
encumbrances pertaining to the Board of Examiners of Nursing Home	125865
Administrators against appropriation item 440647, Fee Supported	125866
Programs, and re-establish them against appropriation item 490627,	125867
Board of Executives of LTSS. The re-established encumbrance	125868
amounts are hereby appropriated.	125869

Section 209.40. DEPARTMENT OF AGING'S APPROPRIATION ITEM	125870
STRUCTURE	125871

Upon request from the Director of Aging, the Director of	125872
Budget and Management may establish new funds, new appropriation	125873
items, and appropriations in order to support the transition to a	125874
new appropriation item structure in the Department of Aging's	125875
budget. Also, upon request of the Director of Aging, the Director	125876
of Budget and Management may transfer appropriations between GRF	125877
appropriation items, transfer cash between any funds used by the	125878
Department of Aging, abolish existing funds used by the Department	125879
of Aging, and cancel and reestablish encumbrances. Any	125880
establishment of new funds or appropriation items, any transfers	125881
of appropriations or cash, and any increases in appropriation	125882
under this section are subject to Controlling Board approval.	125883

Section 209.50. UPDATING AUTHORIZING STATUTE CITATIONS

125884

As used in this section, "authorizing statute" means a	125885
Revised Code section or provision of a Revised Code section that	125886
is cited in the Ohio Administrative Code as the statute that	125887
authorizes the adoption of a rule.	125888

The Director of Aging is not required to amend any rule for	125889
the sole purpose of updating the citation in the Ohio	125890
Administrative Code to the rule's authorizing statute to reflect	125891
that this act renumbers the authorizing statute or relocates it to	125892
another Revised Code section. Such citations shall be updated as	125893
the Director amends the rules for other purposes.	125894

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

125895

General Revenue Fund	125896

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	125897
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	125898
GRF	700404	Ohio Proud	$	50,000	$	50,000	125899
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	125900
GRF	700407	Food Safety	$	848,792	$	848,792	125901
GRF	700409	Farmland Preservation	$	72,750	$	72,750	125902
GRF	700412	Weights and Measures	$	600,000	$	600,000	125903
GRF	700415	Poultry Inspection	$	542,978	$	542,978	125904
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	125905
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	125906
GRF	700426	Dangerous and Restricted Animals	$	800,000	$	800,000	125907
GRF	700427	High Volume Breeder Kennel Control	$	400,000	$	200,000	125908
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	125909
GRF	700501	County Agricultural Societies	$	391,415	$	391,415	125910
TOTAL GRF General Revenue Fund			$	15,404,231	$	15,204,231	125911

General Services Fund Group	125912

5DA0	700644	Laboratory Administration Support	$	1,115,000	$	1,115,000	125913
5GH0	700655	Central Support Indirect Cost	$	4,368,013	$	4,404,073	125914
TOTAL GSF General Services Fund Group			$	5,483,013	$	5,519,073	125915

Federal Special Revenue Fund Group	125916

3260	700618	Meat Inspection Program - Federal Share	$	4,450,000	$	4,450,000	125917
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	125918
3820	700601	Cooperative Contracts	$	4,500,000	$	4,500,000	125919
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	125920
3J40	700607	Indirect Cost	$	1,100,000	$	1,100,000	125921
3R20	700614	Federal Plant Industry	$	1,606,000	$	1,606,000	125922
TOTAL FED Federal Special Revenue							125923
Fund Group			$	12,806,000	$	12,806,000	125924

State Special Revenue Fund Group	125925

4900	700651	License Plates - Sustainable Agriculture	$	10,000	$	10,000	125926
4940	700612	Agricultural Commodity Marketing Program	$	218,000	$	213,000	125927
4960	700626	Ohio Grape Industries	$	970,000	$	970,000	125928
4970	700627	Commodity Handlers Regulatory Program	$	482,672	$	482,672	125929
4C90	700605	Commercial Feed and Seed	$	1,760,000	$	1,760,000	125930
4D20	700609	Auction Education	$	35,000	$	35,000	125931
4E40	700606	Utility Radiological Safety	$	130,000	$	130,000	125932
4P70	700610	Food Safety Inspection	$	1,017,328	$	1,017,328	125933
4R00	700636	Ohio Proud Marketing	$	45,500	$	45,500	125934
4R20	700637	Dairy Industry Inspection	$	1,738,247	$	1,738,247	125935
4T60	700611	Poultry and Meat Inspection	$	120,000	$	120,000	125936
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	125937
5880	700633	Brand Registration	$	5,000	$	5,000	125938
5B80	700629	Auctioneers	$	340,000	$	340,000	125939
5CP0	700652	License Plate Scholarships	$	10,000	$	10,000	125940
5FC0	700648	Plant Pest Program	$	1,190,000	$	1,190,000	125941
5H20	700608	Metrology Lab and Scale Certification	$	552,000	$	552,000	125942
5L80	700604	Livestock Management Program	$	145,000	$	145,000	125943
5MA0	700657	Dangerous and Restricted Animals	$	195,000	$	195,000	125944
6520	700634	Animal and Consumer Analytical Laboratory	$	4,966,383	$	4,966,383	125945
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	125946
TOTAL SSR State Special Revenue							125947
Fund Group			$	18,523,313	$	18,518,313	125948

Clean Ohio Conservation Fund Group	125949

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		125950
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		125951

TOTAL ALL BUDGET FUND GROUPS

52,526,557

52,357,617

125952

DANGEROUS AND RESTRICTED WILD ANIMALS

125953

The foregoing GRF appropriation item 700426, Dangerous and	125954
Restricted Animals, shall be used to administer the Dangerous and	125955
Restricted Wild Animal Permitting Program.	125956

COUNTY AGRICULTURAL SOCIETIES

125957

The foregoing appropriation item 700501, County Agricultural	125958
Societies, shall be used to reimburse county and independent	125959
agricultural societies for expenses related to Junior Fair	125960
activities.	125961

CLEAN OHIO AGRICULTURAL EASEMENT

125962

The foregoing appropriation item 700632, Clean Ohio	125963
Agricultural Easement, shall be used by the Department of	125964
Agriculture in administering Ohio Agricultural Easement Fund (Fund	125965
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	125966
5301.70 of the Revised Code.	125967

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

125968

General Services Fund Group	125969

5EG0	898608		Energy Strategy Development		$	240,681		$	240,681		125970
TOTAL GSF General Services Fund					$	240,681		$	240,681		125971

State Special Revenue Fund Group	125972

4Z90	898602	Small Business Ombudsman	$	288,232	$	288,232	125973
5700	898601	Operating Expenses	$	323,980	$	323,980	125974
5A00	898603	Small Business Assistance	$	900,000	$	1,125,000	125975
TOTAL SSR State Special Revenue Fund Group			$	1,512,212	$	1,737,212	125976
TOTAL ALL BUDGET FUND GROUPS			$	1,752,893	$	1,977,893	125977

Section 213.20. ENERGY STRATEGY DEVELOPMENT

125979

The Energy Strategy Development Program shall develop energy	125980
initiatives, projects, and policy that align with the energy	125981
policy for the state. Issues addressed by such initiatives,	125982
projects, and policy shall not be limited to those governed by	125983
Chapter 3706. of the Revised Code. The Ohio Air Quality	125984
Development Authority shall be responsible for the monitoring of	125985
the program.	125986

There is hereby created in the state treasury the Energy	125987
Strategy Development Fund (Fund 5EG0). The fund shall consist of	125988
money credited to it and money obtained for advanced energy	125989
projects from federal or private grants, loans, or other sources.	125990
Money in the fund shall be used to carry out the purposes of the	125991
program. Interest earned on the money in the fund shall be	125992
credited to the General Revenue Fund.	125993

On July 1 of each fiscal year, or as soon as possible	125994
thereafter, the Director of Budget and Management may transfer	125995
cash from the funds specified below, up to the amounts specified	125996
below, to the Energy Strategy Development Fund. Fund 5EG0 may	125997
accept contributions and transfers made to the fund. On July 1,	125998
2015, or as soon as possible thereafter, the Director shall	125999
transfer to the General Revenue Fund all cash credited to Fund	126000
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	126001

Fund	Fund Name	User	FY 2014	FY 2015	126002
1310	State Agency Construction Project Service	Ohio Facilities Construction Commission	$27,405	$27,439	126003
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	126004
1350	Supportive Services	Development Services Agency	$27,405	$27,439	126005
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	126006
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	126007
7002	Highway Operating	Department of Transportation	$39,150	$39,199	126008

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	126009
AUTHORITY TRUST ACCOUNT	126010

Notwithstanding any other provision of law to the contrary,	126011
the Air Quality Development Authority may reimburse the Air	126012
Quality Development Authority trust account established under	126013
section 3706.10 of the Revised Code from all operating funds of	126014
the agency for expenses pertaining to the administration and	126015
shared costs incurred by the Air Quality Development Authority in	126016
the execution of responsibilities as prescribed in Chapter 3706.	126017
of the Revised Code. Reimbursement shall be made by voucher and	126018
completed in accordance with the administrative indirect costs	126019
allocation plan approved by the Office of Budget and Management.	126020

Section 215.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

126021

General Services Fund Group	126022

4K90	891609	Operating	$	481,379	$	485,954	126023
TOTAL GSF General Services Fund							126024
Group			$	481,379	$	485,954	126025
TOTAL ALL BUDGET FUND GROUPS			$	481,379	$	485,954	126026

Section 217.10. ART OHIO ARTS COUNCIL

126028

General Revenue Fund	126029

GRF	370321	Operating Expenses	$	1,599,204	$	1,599,204	126030
GRF	370502	State Program Subsidies	$	8,850,000	$	8,850,000	126031
TOTAL GRF General Revenue Fund			$	10,449,204	$	10,449,204	126032

General Services Fund Group	126033

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	126034
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	126035
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	126036

Federal Special Revenue Fund Group	126037

3140	370601	Federal Support	$	1,000,000	$	1,000,000	126038
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	126039
TOTAL ALL BUDGET FUND GROUPS			$	11,943,204	$	11,943,204	126040

FEDERAL SUPPORT

126041

Notwithstanding any provision of law to the contrary, the	126042
foregoing appropriation item 370601, Federal Support, shall be	126043
used by the Ohio Arts Council for subsidies only, and not for its	126044
administrative costs, unless the Council is required to use a	126045
portion of the funds for administrative costs under conditions of	126046
the federal grant.	126047

Section 219.10. ATH ATHLETIC COMMISSION

126048

General Services Fund Group	126049

4K90	175609	Operating Expenses	$	312,000	$	320,000	126050
TOTAL GSF General Services Fund Group			$	312,000	$	320,000	126051
TOTAL ALL BUDGET FUND GROUPS			$	312,000	$	320,000	126052

Section 221.10. AGO ATTORNEY GENERAL

126054

General Revenue Fund	126055

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	126056
GRF	055405	Law-Related Education	$	100,000	$	100,000	126057
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	1,500,000	126058
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	126059
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	126060
TOTAL GRF General Revenue Fund			$	45,703,589	$	45,703,589	126061

General Services Fund Group	126062

1060	055612	General Reimbursement	$	54,806,192	$	55,820,716	126063
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	126064
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	126065
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	126066
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	126067
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	126068
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	126069
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	126070
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	126071
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	126072
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	126073
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	126074
TOTAL GSF General Services Fund							126075
Group			$	86,700,872	$	87,642,655	126076

Federal Special Revenue Fund Group	126077

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	126078
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	126079
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	126080
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	126081
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	126082
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	126083
TOTAL FED Federal Special Revenue							126084
Fund Group			$	28,212,406	$	28,263,728	126085

State Special Revenue Fund Group	126086

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	126087
4190	055623	Claims Section	$	55,920,716	$	56,937,131	126088
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	126089
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	126090
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	126091
TOTAL SSR State Special Revenue							126092
Fund Group			$	76,867,116	$	77,790,839	126093

Holding Account Redistribution Fund Group	126094

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	126095
R005	055632	Antitrust Settlements	$	1,000	$	1,000	126096
R018	055630	Consumer Frauds	$	750,000	$	750,000	126097
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	126098
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	126099
TOTAL 090 Holding Account							126100
Redistribution Fund Group			$	6,276,025	$	6,276,025	126101

Tobacco Master Settlement Agreement Fund Group	126102

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	500,000	126103
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	500,000	126104
TOTAL ALL BUDGET FUND GROUPS			$	244,260,008	$	246,176,836	126105

COUNTY SHERIFFS' PAY SUPPLEMENT

126106

The foregoing appropriation item 055411, County Sheriffs' Pay	126107
Supplement, shall be used for the purpose of supplementing the	126108
annual compensation of county sheriffs as required by section	126109
325.06 of the Revised Code.	126110

At the request of the Attorney General, the Director of	126111
Budget and Management may transfer appropriation from	126112
appropriation item 055321, Operating Expenses, to appropriation	126113
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	126114
transferred shall be used to supplement the annual compensation of	126115
county sheriffs as required by section 325.06 of the Revised Code.	126116

COUNTY PROSECUTORS' PAY SUPPLEMENT

126117

The foregoing appropriation item 055415, County Prosecutors'	126118
Pay Supplement, shall be used for the purpose of supplementing the	126119
annual compensation of certain county prosecutors as required by	126120
section 325.111 of the Revised Code.	126121

At the request of the Attorney General, the Director of	126122
Budget and Management may transfer appropriation from	126123
appropriation item 055321, Operating Expenses, to appropriation	126124
item 055415, County Prosecutors' Pay Supplement. Any appropriation	126125
so transferred shall be used to supplement the annual compensation	126126
of county prosecutors as required by section 325.111 of the	126127
Revised Code.	126128

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	126129
REIMBURSEMENT FUND	126130

Notwithstanding any other provision of law to the contrary,	126131
on July 1, 2013, or as soon as possible thereafter, the Director	126132
of Budget and Management shall transfer $80,000 cash from the	126133
General Revenue Fund to the General Reimbursement Fund (Fund	126134
1060).	126135

WORKERS' COMPENSATION SECTION

126136

The Workers' Compensation Fund (Fund 1950) is entitled to	126137
receive payments from the Bureau of Workers' Compensation and the	126138
Ohio Industrial Commission at the beginning of each quarter of	126139
each fiscal year to fund legal services to be provided to the	126140
Bureau of Workers' Compensation and the Ohio Industrial Commission	126141
during the ensuing quarter. The advance payment shall be subject	126142
to adjustment.	126143

In addition, the Bureau of Workers' Compensation shall	126144
transfer payments at the beginning of each quarter for the support	126145
of the Workers' Compensation Fraud Unit.	126146

All amounts shall be mutually agreed upon by the Attorney	126147
General, the Bureau of Workers' Compensation, and the Ohio	126148
Industrial Commission.	126149

ATTORNEY GENERAL PASS-THROUGH FUNDS

126150

The foregoing appropriation item 055638, Attorney General	126151
Pass-Through Funds, shall be used to receive federal grant funds	126152
provided to the Attorney General by other state agencies,	126153
including, but not limited to, the Department of Youth Services	126154
and the Department of Public Safety.	126155

GENERAL HOLDING ACCOUNT

126156

The foregoing appropriation item 055631, General Holding	126157
Account, shall be used to distribute moneys under the terms of	126158
relevant court orders or other settlements received in a variety	126159
of cases involving the Office of the Attorney General. If it is	126160
determined that additional amounts are necessary for this purpose,	126161
the amounts are hereby appropriated.	126162

ANTITRUST SETTLEMENTS

126163

The foregoing appropriation item 055632, Antitrust	126164
Settlements, shall be used to distribute moneys under the terms of	126165
relevant court orders or other out of court settlements in	126166
antitrust cases or antitrust matters involving the Office of the	126167
Attorney General. If it is determined that additional amounts are	126168
necessary for this purpose, the amounts are hereby appropriated.	126169

CONSUMER FRAUDS

126170

The foregoing appropriation item 055630, Consumer Frauds,	126171
shall be used for distribution of moneys from court-ordered	126172
judgments against sellers in actions brought by the Office of	126173
Attorney General under sections 1334.08 and 4549.48 and division	126174
(B) of section 1345.07 of the Revised Code. These moneys shall be	126175
used to provide restitution to consumers victimized by the fraud	126176
that generated the court-ordered judgments. If it is determined	126177
that additional amounts are necessary for this purpose, the	126178
amounts are hereby appropriated.	126179

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

126180

The foregoing appropriation item 055601, Organized Crime	126181
Commission Distributions, shall be used by the Organized Crime	126182
Investigations Commission, as provided by section 177.011 of the	126183
Revised Code, to reimburse political subdivisions for the expenses	126184
the political subdivisions incur when their law enforcement	126185
officers participate in an organized crime task force. If it is	126186
determined that additional amounts are necessary for this purpose,	126187
the amounts are hereby appropriated.	126188

COLLECTION PAYMENT REDISTRIBUTION

126189

The foregoing appropriation item 055650, Collection Payment	126190
Redistribution, shall be used for the purpose of allocating the	126191
revenue where debtors mistakenly paid the client agencies instead	126192
of the Attorney General's Collections Enforcement Section. If it	126193
is determined that additional amounts are necessary for this	126194
purpose, the amounts are hereby appropriated.	126195

Section 223.10. AUD AUDITOR OF STATE

126196

General Revenue Fund	126197

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	126198
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	126199
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	126200

Auditor of State Fund Group	126201

1090	070601	Public Audit Expense - Intra-State	$	9,069,804	$	9,196,081	126202
4220	070602	Public Audit Expense - Local Government	$	31,052,999	$	31,031,044	126203
5840	070603	Training Program	$	181,730	$	181,250	126204
5JZ0	070606	LEAP Revolving Loans	$	650,000	$	650,000	126205
6750	070605	Uniform Accounting Network	$	3,241,533	$	3,160,637	126206
TOTAL AUD Auditor of State Fund							126207
Group			$	44,196,066	$	44,219,012	126208
TOTAL ALL BUDGET FUND GROUPS			$	72,430,518	$	72,453,464	126209

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

126210

The foregoing appropriation item 070403, Fiscal	126211
Watch/Emergency Technical Assistance, shall be used for expenses	126212
incurred by the Office of the Auditor of State in its role	126213
relating to fiscal watch or fiscal emergency activities under	126214
Chapters 118. and 3316. of the Revised Code. Expenses include, but	126215
are not limited to, the following: duties related to the	126216
determination or termination of fiscal watch or fiscal emergency	126217
of municipal corporations, counties, townships, or school	126218
districts; development of preliminary accounting reports;	126219
performance of annual forecasts; provision of performance audits;	126220
and supervisory, accounting, or auditing services for the	126221
municipal corporations, counties, townships, or school districts.	126222

Section 225.10. BRB BOARD OF BARBER EXAMINERS

126223

General Services Fund Group	126224

4K90	877609	Operating Expenses	$	670,882	$	674,272	126225
TOTAL GSF General Services Fund							126226
Group			$	670,882	$	674,272	126227
TOTAL ALL BUDGET FUND GROUPS			$	670,882	$	674,272	126228

Section 227.10. OBM OFFICE OF BUDGET AND MANAGEMENT

126230

General Revenue Fund	126231

GRF	042321	Budget Development and Implementation	$	2,703,189	$	2,697,483	126232
GRF	042409	Commission Closures	$	304,000	$	155,000	126233
GRF	042416	Office of Health Transformation	$	484,486	$	498,571	126234
GRF	042425	Shared Services Development	$	1,250,000	$	1,250,000	126235
TOTAL GRF General Revenue Fund			$	4,741,675	$	4,601,054	126236

General Services Fund Group	126237

1050	042603	Financial Management	$	14,060,275	$	14,451,086	126238
1050	042620	Shared Services Operating	$	8,837,518	$	8,924,830	126239
TOTAL GSF General Services Fund Group			$	22,897,793	$	23,375,916	126240

Federal Special Revenue Fund Group	126241

3CM0	042606		Office of Health Transformation - Federal		$	438,723		$	438,723		126242
TOTAL FED Federal Special Revenue Fund Group					$	438,723		$	438,723		126243

Agency Fund Group	126244

5EH0	042604	Forgery Recovery	$	40,000	$	40,000	126245
TOTAL AGY Agency Fund Group			$	40,000	$	40,000	126246
TOTAL ALL BUDGET FUND GROUPS			$	28,118,191	$	28,455,693	126247

COMMISSION CLOSURES

126248

The foregoing appropriation item 042409, Commission Closures,	126249
may be used to pay obligations associated with the closure of any	126250
state agency, whether in the executive, legislative, or judicial	126251
branch of government. Notwithstanding any provision of law to the	126252
contrary, this appropriation item may also be used to pay final	126253
payroll expenses occurring after the closure of any state agency,	126254
whether in the executive, legislative, or judicial branch of	126255
government in the event that appropriations or cash in the closing	126256
agency are insufficient to do so.	126257

The Director of Budget and Management may request Controlling	126258
Board approval for funds to be transferred to appropriation item	126259
042409, Commission Closures, from appropriation item 911614, CB	126260
Emergency Purposes, for anticipated expenses associated with	126261
agency closures.	126262

AUDIT COSTS AND DUES

126263

All centralized audit costs associated with either Single	126264
Audit Schedules or financial statements prepared in conformance	126265
with generally accepted accounting principles for the state shall	126266
be paid from the foregoing appropriation item 042603, Financial	126267
Management.	126268

Costs associated with the audit of the Auditor of State and	126269
national association dues shall be paid from the foregoing	126270
appropriation item 042321, Budget Development and Implementation.	126271

SHARED SERVICES CENTER

126272

The foregoing appropriation items 042425, Shared Services	126273
Development, and 042620, Shared Services Operating, shall be used	126274
by the Director of Budget and Management to support a Shared	126275
Services Center within the Office of Budget and Management for the	126276
purpose of consolidating statewide business functions and common	126277
transactional processes.	126278

The Director of Budget and Management shall include the	126279
recovery of costs to operate the Shared Services Center in the	126280
accounting and budgeting services payroll rate and through a	126281
direct charges using intrastate transfer vouchers to agencies for	126282
services rendered. The Director of Budget and Management shall	126283
determine the cost recovery methodology. Such cost recovery	126284
revenues shall be deposited to the credit of Fund 1050.	126285

INTERNAL AUDIT

126286

The Director of Budget and Management shall include the	126287
recovery of costs to operate the Internal Audit Program in the	126288
accounting and budgeting services payroll rate and through a	126289
direct charge using intrastate transfer vouchers to agencies	126290
reviewed by the program. The Director of Budget and Management,	126291
with advice from the Internal Audit Advisory Council, shall	126292
determine the cost recovery methodology. Such cost recovery	126293
revenues shall be deposited to the credit of the Accounting and	126294
Budgeting Fund (Fund 1050).	126295

FORGERY RECOVERY

126296

The foregoing appropriation item 042604, Forgery Recovery,	126297
shall be used to reissue warrants that have been certified as	126298
forgeries by the rightful recipient as determined by the Bureau of	126299
Criminal Identification and Investigation and the Treasurer of	126300
State. Upon receipt of funds to cover the reissuance of the	126301
warrant, the Director of Budget and Management shall reissue a	126302
state warrant of the same amount. Any additional amounts needed to	126303
reissue warrants backed by the receipt of funds are hereby	126304
appropriated.	126305

ABOLISHMENT OF FUND 5N40 AND FUND 5Z80

126306

On or before December 31, 2013, the Director of Budget and	126307
Management shall transfer the cash balances of the OAKS Project	126308
Implementation Fund (Fund 5N40) and the Office of Health	126309
Transformation Administration Fund (Fund 5Z80) to the General	126310
Revenue Fund. Upon completion of the transfers, Fund 5N40 and Fund	126311
5Z80 are abolished.	126312

Section 229.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

126313

General Revenue Fund	126314

GRF	874100	Personal Services	$	2,417,467	$	2,417,467	126315
GRF	874320	Maintenance and Equipment	$	1,161,098	$	1,161,098	126316
TOTAL GRF General Revenue Fund			$	3,578,565	$	3,578,565	126317

General Services Fund Group	126318

4G50	874603	Capitol Square Education Center and Arts	$	5,882	$	5,882	126319
4S70	874602	Statehouse Gift Shop/Events	$	629,409	$	629,409	126320
TOTAL GSF General Services							126321
Fund Group			$	635,291	$	635,291	126322

Underground Parking Garage	126323

2080	874601	Underground Parking Garage Operations	$	3,039,740	$	2,981,740	126324
TOTAL UPG Underground Parking							126325
Garage			$	3,039,740	$	2,981,740	126326
TOTAL ALL BUDGET FUND GROUPS			$	7,253,596	$	7,195,596	126327

WAREHOUSE PAYMENTS

126328

Of the foregoing appropriation item 874601, Underground	126329
Parking Garage Operations, $48,000 in each fiscal year shall be	126330
used to meet all payments at the times they are required to be	126331
made during the period from July 1, 2013, through June 30, 2015,	126332
to the Department of Administrative Services for bond service	126333
charges relating to the purchase and improvement of a warehouse	126334
acquired pursuant to section 105.41 of the Revised Code, in which	126335
to store items of the Capitol Collection Trust and, whenever	126336
necessary, equipment or other property of the Board.	126337

UNDERGROUND PARKING GARAGE FUND

126338

Notwithstanding division (G) of section 105.41 of the Revised	126339
Code and any other provision to the contrary, moneys in the	126340
Underground Parking Garage Fund (Fund 2080) may be used for	126341
personnel and operating costs related to the operations of the	126342
Statehouse and the Statehouse Underground Parking Garage.	126343

Section 231.10. SCR STATE BOARD OF CAREER COLLEGES AND	126344
SCHOOLS	126345

General Services Fund Group	126346

4K90	233601	Operating Expenses	$	579,328	$	579,328	126347
TOTAL GSF General Services Fund Group			$	579,328	$	579,328	126348
TOTAL ALL BUDGET FUND GROUPS			$	579,328	$	579,328	126349

Section 233.10. CAC CASINO CONTROL COMMISSION

126351

State Special Revenue Fund Group	126352

5HS0	955321	Casino Control - Operating	$	13,121,283	$	13,542,674	126353
TOTAL SSR State Special Revenue Fund Group			$	13,121,283	$	13,542,674	126354
TOTAL ALL BUDGET FUND GROUPS			$	13,121,283	$	13,542,674	126355

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

126357

General Services Fund Group	126358

4K90	930609	Operating Expenses	$	476,642	$	469,349	126359
TOTAL GSF General Services Fund Group			$	476,642	$	469,349	126360
TOTAL ALL BUDGET FUND GROUPS			$	476,642	$	469,349	126361

Section 237.10. CHR STATE CHIROPRACTIC BOARD

126363

General Services Fund Group	126364

4K90	878609	Operating Expenses	$	617,829	$	630,775	126365
TOTAL GSF General Services Fund Group			$	617,829	$	630,775	126366
TOTAL ALL BUDGET FUND GROUPS			$	617,829	$	630,775	126367

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

126369

General Revenue Fund	126370

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		126371
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		126372

General Services Fund Group	126373

2170	876604	Operations Support	$	4,000	$	4,000	126374
TOTAL GSF General Services							126375
Fund Group			$	4,000	$	4,000	126376

Federal Special Revenue Fund Group	126377

3340	876601	Federal Programs	$	2,820,670	$	2,947,983	126378
TOTAL FED Federal Special Revenue							126379
Fund Group			$	2,820,670	$	2,947,983	126380

TOTAL ALL BUDGET FUND GROUPS

7,550,454

7,677,767

126381

Section 241.10. COM DEPARTMENT OF COMMERCE

126383

General Services Fund Group	126384

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	126385
1630	800637	Information Technology	$	6,011,977	$	6,011,977	126386
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	126387
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	126388
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	126389
TOTAL GSF General Services Fund							126390
Group			$	84,249,523	$	84,249,523	126391

Federal Special Revenue Fund Group	126392

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	126393
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	126394
TOTAL FED Federal Special Revenue							126395
Fund Group			$	2,685,729	$	2,685,729	126396

State Special Revenue Fund Group	126397

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	126398
4H90	800608	Cemeteries	$	266,688	$	266,688	126399
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	126400
5440	800612	Banks	$	6,836,589	$	6,836,589	126401
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	126402
5460	800610	Fire Marshal	$	15,315,738	$	15,324,574	126403
5460	800639	Fire Department Grants	$	2,198,802	$	2,198,802	126404
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	126405
5480	800611	Real Estate Recovery	$	50,000	$	50,000	126406
5490	800614	Real Estate	$	3,310,412	$	3,310,412	126407
5500	800617	Securities	$	4,238,814	$	4,238,814	126408
5520	800604	Credit Union	$	3,297,888	$	3,297,888	126409
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	126410
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	126411
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	126412
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	126413
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	126414
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	126415
5X60	800623	Video Service	$	337,224	$	337,224	126416
6530	800629	UST Registration/Permit Fee	$	3,831,888	$	3,612,588	126417
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	126418
TOTAL SSR State Special Revenue							126419
Fund Group			$	83,409,588	$	83,546,425	126420

Liquor Control Fund Group	126421

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	209,279	$	198,097	126422
5LN0	800645	Liquor Operating Services	$	5,231,967	$	4,952,417	126423
TOTAL LCF Liquor Control							126424
Fund Group			$	5,441,246	$	5,150,514	126425
TOTAL ALL BUDGET FUND GROUPS			$	175,786,086	$	175,632,191	126426

ADMINISTRATIVE ASSESSMENTS

126427

Notwithstanding any other provision of law to the contrary,	126428
the Division of Administration Fund (Fund 1630) is entitled to	126429
receive assessments from all operating funds of the Department in	126430
accordance with procedures prescribed by the Director of Commerce	126431
and approved by the Director of Budget and Management.	126432

UNCLAIMED FUNDS PAYMENTS

126433

The foregoing appropriation item 800625, Unclaimed	126434
Funds-Claims, shall be used to pay claims under section 169.08 of	126435
the Revised Code. If it is determined that additional amounts are	126436
necessary, the amounts are appropriated.	126437

FIRE DEPARTMENT GRANTS

126438

Of the foregoing appropriation item 800639, Fire Department	126439
Grants, up to $2,198,802 in each fiscal year shall be used to make	126440
annual grants to the following eligible recipients: volunteer fire	126441
departments, fire departments that serve one or more small	126442
municipalities or small townships, joint fire districts comprised	126443
of fire departments that primarily serve small municipalities or	126444
small townships, local units of government responsible for such	126445
fire departments, and local units of government responsible for	126446
the provision of fire protection services for small municipalities	126447
or small townships. For the purposes of these grants, a private	126448
fire company, as that phrase is defined in section 9.60 of the	126449
Revised Code, that is providing fire protection services under a	126450
contract to a political subdivision of the state, is an additional	126451
eligible recipient for a training grant.	126452

Eligible recipients that consist of small municipalities or	126453
small townships that all intend to contract with the same fire	126454
department or private fire company for fire protection services	126455
may jointly apply and be considered for a grant. If a joint	126456
applicant is awarded a grant, the State Fire Marshal shall, if	126457
feasible, proportionately award the grant and any equipment	126458
purchased with grant funds to each of the joint applicants based	126459
upon each applicant's contribution to and demonstrated need for	126460
fire protection services.	126461

If the grant awarded to joint applicants is an equipment	126462
grant and the equipment to be purchased cannot be readily	126463
distributed or possessed by multiple recipients, each of the joint	126464
applicants shall be awarded by the State Fire Marshal an ownership	126465
interest in the equipment so purchased in proportion to each	126466
applicant's contribution to and demonstrated need for fire	126467
protection services. The joint applicants shall then mutually	126468
agree on how the equipment is to be maintained, operated, stored,	126469
or disposed of. If, for any reason, the joint applicants cannot	126470
agree as to how jointly owned equipment is to be maintained,	126471
operated, stored, or disposed of or any of the joint applicants no	126472
longer maintain a contract with the same fire protection service	126473
provider as the other applicants, then the joint applicants shall,	126474
with the assistance of the State Fire Marshal, mutually agree as	126475
to how the jointly owned equipment is to be maintained, operated,	126476
stored, disposed of, or owned. If the joint applicants cannot	126477
agree how the grant equipment is to be maintained, operated,	126478
stored, disposed of, or owned, the State Fire Marshal may, in its	126479
discretion, require all of the equipment acquired by the joint	126480
applicants with grant funds to be returned to the State Fire	126481
Marshal. The State Fire Marshal may then award the returned	126482
equipment to any eligible recipients.	126483

Except as otherwise provided in this section, the grants	126484
shall be used by recipients to purchase firefighting or rescue	126485
equipment or gear or similar items, to provide full or partial	126486
reimbursement for the documented costs of firefighter training,	126487
or, at the discretion of the State Fire Marshal, to cover fire	126488
department costs for providing fire protection services in that	126489
grant recipient's jurisdiction.	126490

Of the foregoing appropriation item 800639, up to $500,000	126491
per fiscal year may be used to pay for the State Fire Marshal's	126492
costs of providing firefighter I certification classes or other	126493
firefighter classes approved by the Department of Public Safety in	126494
accordance with section 4765.55 of the Revised Code at no cost to	126495
selected students attending the Ohio Fire Academy or other class	126496
providers approved by the State Fire Marshal. The State Fire	126497
Marshal may establish the qualifications and selection processes	126498
for students to attend such classes by written policy, and such	126499
students shall be considered eligible recipients of fire	126500
department grants for the purposes of this portion of the grant	126501
program.	126502

Grant awards for firefighting or rescue equipment or gear or	126503
for fire department costs of providing fire protection services	126504
shall be up to $15,000 per fiscal year, or up to $25,000 per	126505
fiscal year if an eligible entity serves a jurisdiction in which	126506
the Governor declared a natural disaster during the preceding or	126507
current fiscal year in which the grant was awarded. In addition to	126508
any grant funds awarded for rescue equipment or gear, or for fire	126509
department costs associated with the provision of fire protection	126510
services, an eligible entity may receive a grant for up to $15,000	126511
per fiscal year for full or partial reimbursement of the	126512
documented costs of firefighter training. For each fiscal year,	126513
the State Fire Marshal shall determine the total amounts to be	126514
allocated for each eligible purpose.	126515

The grant program shall be administered by the State Fire	126516
Marshal in accordance with rules the State Fire Marshal adopts as	126517
part of the state fire code adopted pursuant to section 3737.82 of	126518
the Revised Code that are necessary for the administration and	126519
operation of the grant program. The rules may further define the	126520
entities eligible to receive grants and establish criteria for the	126521
awarding and expenditure of grant funds, including methods the	126522
State Fire Marshal may use to verify the proper use of grant funds	126523
or to obtain reimbursement for or the return of equipment for	126524
improperly used grant funds. Any amounts in appropriation item	126525
800639, Fire Department Grants, in excess of the amount allocated	126526
for these grants may be used for the administration of the grant	126527
program.	126528

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

126529

The Director of Budget and Management, upon the request of	126530
the Director of Commerce, may transfer up to $500,000 in cash from	126531
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	126532
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	126533
the Division of Real Estate Operating Fund (Fund 5490) during the	126534
biennium ending June 30, 2015.	126535

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

126536

General Services Fund Group	126537

5F50	053601	Operating Expenses	$	5,641,093	$	5,641,093	126538
TOTAL GSF General Services Fund Group			$	5,641,093	$	5,641,093	126539
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	5,641,093	126540

Section 245.10. CEB CONTROLLING BOARD

126542

General Revenue Fund	126543

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		126544
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		126545

General Services Fund Group	126546

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	126547
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	126548
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	126549

FEDERAL SHARE

126550

In transferring appropriations to or from appropriation items	126551
that have federal shares identified in this act, the Controlling	126552
Board shall add or subtract corresponding amounts of federal	126553
matching funds at the percentages indicated by the state and	126554
federal division of the appropriations in this act. Such changes	126555
are hereby appropriated.	126556

DISASTER SERVICES

126557

Pursuant to requests submitted by the Department of Public	126558
Safety, the Controlling Board may approve transfers from the	126559
Disaster Services Fund (5E20) to a fund and appropriation item	126560
used by the Department of Public Safety to provide for assistance	126561
to political subdivisions made necessary by natural disasters or	126562
emergencies. These transfers may be requested and approved prior	126563
to the occurrence of any specific natural disasters or emergencies	126564
in order to facilitate the provision of timely assistance. The	126565
Emergency Management Agency of the Department of Public Safety	126566
shall use the funding to fund the State Disaster Relief Program	126567
for disasters that have a written Governor's authorization, and	126568
the State Individual Assistance Program for disasters that have a	126569
written Governor's authorization and is declared by the federal	126570
Small Business Administration. The Ohio Emergency Management	126571
Agency shall publish and make available application packets	126572
outlining procedures for the State Disaster Relief Program and the	126573
State Individual Assistance Program.	126574

Fund 5E20 shall be used by the Controlling Board, pursuant to	126575
requests submitted by state agencies, to transfer cash and	126576
appropriations to any fund and appropriation item for the payment	126577
of state agency disaster relief program expenses for disasters	126578
that have a written Governor's authorization, if the Director of	126579
Budget and Management determines that sufficient funds exist.	126580

Upon the request of the Department of Public Safety, the	126581
Controlling Board may release up to $3,000,000 for Blanchard River	126582
flood mitigation projects.	126583

BALLOT ADVERTISING COSTS

126584

Pursuant to section 3501.17 of the Revised Code, and upon	126585
requests submitted by the Secretary of State, the Controlling	126586
Board shall approve transfers from the foregoing appropriation	126587
item 911441, Ballot Advertising Costs, to appropriation item	126588
050621, Statewide Ballot Advertising, in order to pay for the cost	126589
of public notices associated with statewide ballot initiatives.	126590

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	126591
ELIGIBILITY	126592

A state agency director shall request that the Controlling	126593
Board increase the amount of the agency's capital appropriations	126594
if the director determines such an increase is necessary for the	126595
agency to receive and use funds under the federal American	126596
Recovery and Reinvestment Act of 2009. The Controlling Board may	126597
increase the capital appropriations pursuant to the request up to	126598
the exact amount necessary under the federal act if the Board	126599
determines it is necessary for the agency to receive and use those	126600
federal funds.	126601

Section 247.10. COS STATE BOARD OF COSMETOLOGY

126602

General Services Fund Group	126603

4K90	879609	Operating Expenses	$	3,474,030	$	3,474,030	126604
TOTAL GSF General Services Fund							126605
Group			$	3,474,030	$	3,474,030	126606
TOTAL ALL BUDGET FUND GROUPS			$	3,474,030	$	3,474,030	126607

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	126609
AND FAMILY THERAPIST BOARD	126610

General Services Fund Group	126611

4K90	899609	Operating Expenses	$	1,265,856	$	1,281,478	126612
TOTAL GSF General Services Fund							126613
Group			$	1,265,856	$	1,281,478	126614
TOTAL ALL BUDGET FUND GROUPS			$	1,265,856	$	1,281,478	126615

Section 251.10. CLA COURT OF CLAIMS

126617

General Revenue Fund	126618

GRF	015321		Operating Expenses		$	2,501,052		$	2,501,052		126619
TOTAL GRF General Revenue Fund					$	2,501,052		$	2,501,052		126620

State Special Revenue Fund Group	126621

5K20	015603	CLA Victims of Crime	$	415,556	$	415,953	126622
TOTAL SSR State Special Revenue							126623
Fund Group			$	415,556	$	415,953	126624
TOTAL ALL BUDGET FUND GROUPS			$	2,916,608	$	2,917,005	126625

Section 253.10. DEN STATE DENTAL BOARD

126627

General Services Fund Group	126628

4K90	880609	Operating Expenses	$	1,566,484	$	1,566,484	126629
TOTAL GSF General Services Fund							126630
Group			$	1,566,484	$	1,566,484	126631
TOTAL ALL BUDGET FUND GROUPS			$	1,566,484	$	1,566,484	126632

Section 255.10. BDP BOARD OF DEPOSIT

126634

General Services Fund Group	126635

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	126636
TOTAL GSF General Services Fund							126637
Group			$	1,876,000	$	1,876,000	126638
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	126639

BOARD OF DEPOSIT EXPENSE FUND

126640

Upon receiving certification of expenses from the Treasurer	126641
of State, the Director of Budget and Management shall transfer	126642
cash from the Investment Earnings Redistribution Fund (Fund 6080)	126643
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	126644
shall be used pursuant to section 135.02 of the Revised Code to	126645
pay for any and all necessary expenses of the Board of Deposit or	126646
for banking charges and fees required for the operation of the	126647
State of Ohio Regular Account.	126648

Section 257.10. DEV DEVELOPMENT SERVICES AGENCY

126649

General Revenue Fund	126650

GRF	195402	Coal Research Operating	$	261,205	$	261,405	126651
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	126652
GRF	195407	Travel and Tourism	$	1,300,000	$	0	126653
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	126654
GRF	195426	Redevelopment Assistance	$	468,365	$	468,365	126655
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	126656
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	126657
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	126658
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	126659
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	126660
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	126661
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	126662
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	66,511,600	$	83,783,000	126663
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	15,498,400	$	19,124,500	126664
TOTAL GRF General Revenue Fund			$	114,210,145	$	135,276,145	126665

General Services Fund Group	126666

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	126667
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	126668
5KN0	195640	Local Government Innovation	$	19,130,986	$	20,000,000	126669
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	126670
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	126671
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	126672
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	126673
TOTAL GSF General Services Fund							126674
Group			$	49,280,986	$	35,150,000	126675

Federal Special Revenue Fund Group	126676

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	126677
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	126678
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	126679
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	126680
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	126681
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	126682
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	126683
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	126684
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	126685
3350	195610	Energy Programs	$	200,000	$	200,000	126686
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	126687
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	126688
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	126689
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	126690
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	126691
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	126692
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	126693
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	126694
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	126695
TOTAL FED Federal Special Revenue							126696
Fund Group			$	417,389,090	$	375,260,494	126697

State Special Revenue Fund Group	126698

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	126699
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	126700
4F20	195639	State Special Projects	$	102,145	$	102,104	126701
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	126702
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	126703
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	126704
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	126705
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	126706
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	126707
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	126708
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	126709
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	126710
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	126711
5MJ0	195683	TourismOhio Administration	$	7,000,000	$	8,000,000	126712
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	126713
6170	195654	Volume Cap Administration	$	32,562	$	32,562	126714
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	126715
TOTAL SSR State Special Revenue							126716
Fund Group			$	473,628,375	$	463,028,371	126717

Facilities Establishment Fund Group	126718

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	126719
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	126720
7010	195665	Research and Development	$	22,000,000	$	22,000,000	126721
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	126722
TOTAL 037 Facilities							126723
Establishment Fund Group			$	90,000,000	$	90,000,000	126724

Clean Ohio Revitalization Fund	126725

7003	195663		Clean Ohio Program		$	950,000		$	950,000		126726
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		126727

Third Frontier Research & Development Fund Group	126728

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	126729
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	126730
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	126731
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	126732
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	126733

Job Ready Site Development Fund Group	126734

7012	195688		Job Ready Site Development		$	800,000		$	800,000		126735
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		126736

Tobacco Master Settlement Agreement Fund Group	126737

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	126738
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	126739
TOTAL ALL BUDGET FUND GROUPS			$	1,280,155,191	$	1,234,371,035	126740

Section 257.20. COAL RESEARCH OPERATING

126742

The foregoing appropriation item 195402, Coal Research	126743
Operating, shall be used for the operating expenses of the	126744
Community Services Division in support of the Ohio Coal	126745
Development Office.	126746

TRAVEL AND TOURISM

126747

The foregoing appropriation item 195407, Travel and Tourism,	126748
shall be used for marketing the state of Ohio as a tourism	126749
destination and to support administrative expenses and contracts	126750
necessary to market Ohio.	126751

BUSINESS DEVELOPMENT SERVICES

126752

The foregoing appropriation item 195415, Business Development	126753
Services, shall be used for the operating expenses of the Business	126754
Services Division and the regional economic development offices	126755
and for grants for cooperative economic development ventures.	126756

REDEVELOPMENT ASSISTANCE

126757

The foregoing appropriation item 195426, Redevelopment	126758
Assistance, shall be used to fund the costs of administering the	126759
Clean Ohio Revitalization program and other urban revitalization	126760
programs that may be implemented by the Development Services	126761
Agency.	126762

CDBG OPERATING MATCH

126763

The foregoing appropriation item 195497, CDBG Operating	126764
Match, shall be used as matching funds for grants from the United	126765
States Department of Housing and Urban Development pursuant to the	126766
Housing and Community Development Act of 1974 and regulations and	126767
policy guidelines for the programs pursuant thereto.	126768

APPALACHIAN LOCAL DEVELOPMENT DISTRICTS

126769

The foregoing appropriation item 195501, Appalachian Local	126770
Development Districts, shall be used to support four local	126771
development districts. Of the foregoing appropriation amount in	126772
each fiscal year, up to $135,000 shall be allocated to the Ohio	126773
Valley Regional Development Commission, up to $135,000 shall be	126774
allocated to the Ohio Mid-Eastern Government Association, up to	126775
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley	126776
Regional Development District, and up to $35,000 shall be	126777
allocated to the Eastgate Regional Council of Governments. Local	126778
development districts receiving funding under this section shall	126779
use the funds for the implementation and administration of	126780
programs and duties under section 107.21 of the Revised Code.	126781

TECHNOLOGY PROGRAMS AND GRANTS

126782

Of the foregoing appropriation item 195532, Technology	126783
Programs and Grants, up to $547,341 in each fiscal year shall be	126784
used for operating expenses incurred in administering the Ohio	126785
Third Frontier pursuant to sections 184.10 to 184.20 of the	126786
Revised Code; and up to $13,000,000 in each fiscal year shall be	126787
used for the Thomas Edison Program pursuant to sections 122.28 to	126788
122.38 of the Revised Code, of which not less than $8,700,000	126789
shall be allocated for the Edison Center Network entities defined	126790
in division (C) of section 122.33 of the Revised Code, and not	126791
more than ten per cent shall be used for operating expenses	126792
incurred in administering the program.	126793

BUSINESS ASSISTANCE

126794

The foregoing appropriation item 195533, Business Assistance,	126795
may be used to provide a range of business assistance, including	126796
grants to local organizations to support economic development	126797
activities that promote minority business development, small	126798
business development, entrepreneurship, and exports of Ohio's	126799
goods and services. This appropriation item shall also be used as	126800
matching funds for grants from the United States Small Business	126801
Administration and other federal agencies, pursuant to Public Law	126802
No. 96-302 as amended by Public Law No. 98-395, and regulations	126803
and policy guidelines for the programs pursuant thereto.	126804

APPALACHIA ASSISTANCE

126805

The foregoing appropriation item 195535, Appalachia	126806
Assistance, may be used for the administrative costs of planning	126807
and liaison activities for the Governor's Office of Appalachia, to	126808
provide financial assistance to projects in Ohio's Appalachian	126809
counties, and to pay dues for the Appalachian Regional Commission.	126810
These funds may be used to match federal funds from the	126811
Appalachian Regional Commission.	126812

OHIO-ISRAEL AGRICULTURE INITIATIVE

126813

The foregoing appropriation item 195537, Ohio-Israel	126814
Agricultural Initiative, shall be used for the Ohio-Israel	126815
Agricultural Initiative.	126816

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

126817

The foregoing appropriation line item 195901, Coal Research	126818
and Development General Obligation Debt Service, shall be used to	126819
pay all debt service and related financing costs during the period	126820
July 1, 2013, through June 30, 2015 for obligations issued under	126821
sections 151.01 and 151.07 of the Revised Code.	126822

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	126823
SERVICE	126824

The foregoing appropriation item 195905, Third Frontier	126825
Research & Development General Obligation Debt Service, shall be	126826
used to pay all debt service and related financing costs during	126827
the period from July 1, 2013, through June 30, 2015, on	126828
obligations issued for research and development purposes under	126829
sections 151.01 and 151.10 of the Revised Code.	126830

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

126831

The foregoing appropriation item 195912, Job Ready Site	126832
Development General Obligation Debt Service, shall be used to pay	126833
all debt service and related financing costs during the period	126834
from July 1, 2013, through June 30, 2015, on obligations issued	126835
for job ready site development purposes under sections 151.01 and	126836
151.11 of the Revised Code.	126837

Section 257.30. DEVELOPMENT SERVICES OPERATIONS

126838

The Director of Development Services may assess offices of	126839
the agency for the cost of central service operations. An	126840
assessment shall contain the characteristics of administrative	126841
ease and uniform application. A division's payments shall be	126842
credited to the Supportive Services Fund (Fund 1350) using an	126843
intrastate transfer voucher.	126844

LOCAL GOVERNMENT INNOVATION FUND

126845

On July 1, 2013, or as soon as possible thereafter, the	126846
Director of Budget and Management shall transfer $3,000,000 in	126847
cash from the General Revenue Fund to the Local Government	126848
Innovation Fund (Fund 5KN0). On July 1, 2014, or as soon as	126849
possible thereafter, the Director of Budget and Management shall	126850
transfer $4,000,000 in cash from the General Revenue Fund to the	126851
Local Government Innovation Fund (5KN0).	126852

The foregoing appropriation item 195640, Local Government	126853
Innovation, shall be used for the purposes of making loans and	126854
grants to political subdivisions under the Local Government	126855
Innovation Program in accordance with sections 189.01 to 189.10 of	126856
the Revised Code. Notwithstanding section 189.04 of the Revised	126857
Code, of the foregoing appropriation item 195640, Local Government	126858
Innovation, up to $3,000,000 in fiscal year 2014 and $4,000,000 in	126859
fiscal year 2015 shall be used for grants under the Local	126860
Government Innovation Program established in section 189.02 of the	126861
Revised Code, and up to $175,000 in each fiscal year shall be used	126862
for administrative costs incurred by the Development Services	126863
Agency.	126864

TRAVEL AND TOURISM COOPERATIVE PROJECTS

126865

The foregoing appropriation item 195690, Travel and Tourism	126866
Cooperative Projects, shall consist solely of leveraged private	126867
sector paid advertising dollars received in tourism marketing	126868
assistance and co-op programs. These funds are to be used for the	126869
marketing and promotion of travel and tourism in Ohio.	126870

DEVELOPMENT SERVICES REIMBURSABLE EXPENDITURES

126871

The foregoing appropriation item 195636, Development Services	126872
Reimbursable Expenditures, shall be used for reimbursable costs	126873
incurred by the agency. Revenues to the General Reimbursement Fund	126874
(Fund 6850) shall consist of moneys charged for administrative	126875
costs that are not central service costs.	126876

Section 257.40. WORKFORCE DEVELOPMENT INITIATIVES

126877

Of the foregoing appropriation item 195643, Workforce	126878
Development Initiatives, $500,000 in fiscal year 2014 shall be	126879
used to fund the Heavy Machinery Pilot Program at Central Ohio	126880
Technical College for tuition support and reimbursement to train	126881
approximately 30 students for careers in construction and the oil	126882
and gas industries in Eastern Ohio and statewide.	126883

HEAP WEATHERIZATION

126884

Not less than fifteen per cent of the federal funds deposited	126885
to the credit of the Home Energy Assistance Block Grant Fund (Fund	126886
3K90) shall be expended from appropriation item 195614, HEAP	126887
Weatherization, to provide home weatherization services in the	126888
state as determined by the Director of Development Services. Any	126889
transfers or increases in appropriation for the foregoing	126890
appropriation items 195614, HEAP Weatherization, or 195611, Home	126891
Energy Assistance Block Grant, shall be subject to approval by the	126892
Controlling Board.	126893

Section 257.50. BUSINESS ASSISTANCE PROGRAMS

126894

The foregoing appropriation item 195649, Business Assistance	126895
Programs, shall be used for administrative expenses associated	126896
with the operation of tax credit programs, loan servicing, the	126897
Ohio Film Office, workforce initiatives, and the Office of	126898
Strategic Business Investments, and for payments to the JobsOhio	126899
corporation established in Chapter 187. of the Revised Code for	126900
services provided for the administration of the 166 Direct Loan	126901
Program, Ohio Enterprise Bond Fund, Research and Development Loan	126902
Program, and Innovation Ohio Loan Program.	126903

STATE SPECIAL PROJECTS

126904

The State Special Projects Fund (Fund 4F20), may be used for	126905
the deposit of private-sector funds from utility companies and for	126906
the deposit of other miscellaneous state funds. State moneys so	126907
deposited may also be used to match federal housing grants for the	126908
homeless.	126909

MINORITY BUSINESS ENTERPRISE LOAN

126910

All repayments from the Minority Development Financing	126911
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	126912
Program shall be deposited in the State Treasury to the credit of	126913
the Minority Business Enterprise Loan Fund (Fund 4W10).	126914

MINORITY BUSINESS BONDING FUND

126915

Notwithstanding Chapters 122., 169., and 175. of the Revised	126916
Code, the Director of Development Services may, upon the	126917
recommendation of the Minority Development Financing Advisory	126918
Board, pledge up to $10,000,000 in the fiscal year 2014-fiscal	126919
year 2015 biennium of unclaimed funds administered by the Director	126920
of Commerce and allocated to the Minority Business Bonding Program	126921
under section 169.05 of the Revised Code.	126922

If needed for the payment of losses arising from the Minority	126923
Business Bonding Program, the Director of Budget and Management	126924
may, at the request of the Director of Development Services,	126925
request that the Director of Commerce transfer unclaimed funds	126926
that have been reported by holders of unclaimed funds under	126927
section 169.05 of the Revised Code to the Minority Bonding Fund	126928
(Fund 4490). The transfer of unclaimed funds shall only occur	126929
after proceeds of the initial transfer of $2,700,000 by the	126930
Controlling Board to the Minority Business Bonding Program have	126931
been used for that purpose. If expenditures are required for	126932
payment of losses arising from the Minority Business Bonding	126933
Program, such expenditures shall be made from appropriation item	126934
195658, Minority Business Bonding Contingency in the Minority	126935
Business Bonding Fund, and such amounts are hereby appropriated.	126936

INCUMBENT WORKFORCE TRAINING VOUCHERS

126937

(A) The Director of Budget and Management may transfer up to	126938
$30,000,000 cash in each fiscal year from the Economic Development	126939
Programs Fund (Fund 5JC0) used by the Board of Regents to the Ohio	126940
Incumbent Workforce Job Training Fund (Fund 5HR0) used by the	126941
Development Services Agency.	126942

(B) Of the foregoing appropriation item 195526, Incumbent	126943
Workforce Training Vouchers, up to $30,000,000 in each fiscal year	126944
shall be used to support the Ohio Incumbent Workforce Training	126945
Voucher Program.	126946

(C) The Ohio Incumbent Workforce Training Voucher Program	126947
shall conform to guidelines for the operation of the program,	126948
including, but not limited to, the following:	126949

(1) A requirement that a training voucher under the program	126950
shall not exceed $6,000 per worker per year;	126951

(2) A provision for an employer of an eligible employee to	126952
apply for a voucher on behalf of the eligible employee;	126953

(3) A provision for an eligible employee to apply directly	126954
for a training voucher with the pre-approval of the employee's	126955
employer; and	126956

(4) A requirement that an employee participating in the	126957
program, or the employee's employer, shall pay for not less than	126958
thirty-three per cent of the training costs under the program.	126959

On July 1, 2014, or as soon as possible thereafter, the	126960
Director of Development Services may request that the Director of	126961
Budget and Management reappropriate any unexpended, unencumbered	126962
balance of the prior fiscal year's appropriation to the foregoing	126963
appropriation item 195526, Incumbent Workforce Training Vouchers,	126964
for fiscal year 2015. The Director of Budget and Management may	126965
request additional information necessary for evaluating the	126966
request, and the Director of Development Services shall provide	126967
the requested information to the Director of Budget and	126968
Management. Based on the information provided by the Director of	126969
Development Services, the Director of Budget and Management shall	126970
determine the amount to be reappropriated, and those amounts are	126971
hereby reappropriated for fiscal year 2015.	126972

DEFENSE DEVELOPMENT ASSISTANCE

126973

The Director of Budget and Management may transfer up to	126974
$5,000,000 in cash in each fiscal year from the Economic	126975
Development Programs Fund (Fund 5JC0) used by the Board of Regents	126976
to the Ohio Incumbent Workforce Job Training Fund (Fund 5HR0) used	126977
by the Development Services Agency. The transferred funds shall be	126978
used for appropriation item 195622, Defense Development	126979
Assistance, for economic development programs and the creation of	126980
new jobs to leverage and support mission gains at Department of	126981
Defense facilities in Ohio by working with future base realignment	126982
and closure activities and ongoing Department of Defense	126983
efficiency initiatives, assisting efforts to secure Department of	126984
Defense support contracts for Ohio companies, assessing and	126985
supporting regional job training and workforce development needs	126986
generated by the Department of Defense and the Ohio aerospace	126987
industry, and for expanding job training and economic development	126988
programs in human performance related initiatives. A portion of	126989
these funds shall be matched by private industry partners or the	126990
Department of Defense.	126991

On July 1, 2014, or as soon as possible thereafter, the	126992
Director of Development Services may request that the Director of	126993
Budget and Management reappropriate any unexpended, unencumbered	126994
balance of the prior fiscal year's appropriation to the foregoing	126995
appropriation item 195622, Defense Development Assistance, for	126996
fiscal year 2015. The Director of Budget and Management may	126997
request additional information necessary for evaluating the	126998
request, and the Director of Development Services shall provide	126999
the requested information to the Director of Budget and	127000
Management. Based on the information provided by the Director of	127001
Development Services, the Director of Budget and Management shall	127002
determine the amount to be reappropriated, and those amounts are	127003
hereby reappropriated for fiscal year 2015.	127004

ADVANCED ENERGY LOAN PROGRAMS

127005

The foregoing appropriation item 195660, Advanced Energy Loan	127006
Programs, shall be used to provide financial assistance to	127007
customers for eligible advanced energy projects for residential,	127008
commercial, and industrial business, local government, educational	127009
institution, nonprofit, and agriculture customers, and to pay for	127010
the program's administrative costs as provided in sections 4928.61	127011
to 4928.63 of the Revised Code and rules adopted by the Director	127012
of Development Services.	127013

VOLUME CAP ADMINISTRATION

127014

The foregoing appropriation item 195654, Volume Cap	127015
Administration, shall be used for expenses related to the	127016
administration of the Volume Cap Program. Revenues received by the	127017
Volume Cap Administration Fund (Fund 6170) shall consist of	127018
application fees, forfeited deposits, and interest earned from the	127019
custodial account held by the Treasurer of State.	127020

Section 257.60. CAPITAL ACCESS LOAN PROGRAM

127021

The foregoing appropriation item 195628, Capital Access Loan	127022
Program, shall be used for operating, program, and administrative	127023
expenses of the program. Funds of the Capital Access Loan Program	127024
shall be used to assist participating financial institutions in	127025
making program loans to eligible businesses that face barriers in	127026
accessing working capital and obtaining fixed-asset financing.	127027

INNOVATION OHIO LOAN FUND

127028

The foregoing appropriation item 195664, Innovation Ohio,	127029
shall be used to provide for Innovation Ohio purposes, including	127030
loan guarantees and loans under Chapter 166. and particularly	127031
sections 166.12 to 166.16 of the Revised Code.	127032

RESEARCH AND DEVELOPMENT

127033

The foregoing appropriation item 195665, Research and	127034
Development, shall be used to provide for research and development	127035
purposes, including loans, under Chapter 166. and particularly	127036
sections 166.17 to 166.21 of the Revised Code.	127037

FACILITIES ESTABLISHMENT

127038

The foregoing appropriation item 195615, Facilities	127039
Establishment, shall be used for the purposes of the Facilities	127040
Establishment Fund (Fund 7037) under Chapter 166. of the Revised	127041
Code.	127042

Notwithstanding Chapter 166. of the Revised Code, an amount	127043
not to exceed $3,000,000 in cash in each fiscal year may be	127044
transferred from the Facilities Establishment Fund (Fund 7037) to	127045
the Business Assistance Fund (Fund 4510). The transfer is subject	127046
to Controlling Board approval under division (B) of section 166.03	127047
of the Revised Code.	127048

Notwithstanding Chapter 166. of the Revised Code, the	127049
Director of Budget and Management may transfer an amount not to	127050
exceed $1,000,000 in cash in each fiscal year from the Facilities	127051
Establishment Fund (Fund 7037) to the Minority Business Enterprise	127052
Loan Fund (Fund 4W10).	127053

Notwithstanding Chapter 166. of the Revised Code, the	127054
Director of Budget and Management may transfer an amount not to	127055
exceed $2,000,000 in cash in each fiscal year from the Facilities	127056
Establishment Fund (Fund 7037) to the Capital Access Loan Fund	127057
(Fund 5S90).	127058

Section 257.70. CLEAN OHIO OPERATING EXPENSES

127059

The foregoing appropriation item 195663, Clean Ohio Program,	127060
shall be used by the Development Services Agency in administering	127061
Clean Ohio Revitalization Fund (Fund 7003) projects pursuant to	127062
sections 122.65 to 122.658 of the Revised Code.	127063

Section 257.80. THIRD FRONTIER OPERATING

127064

The foregoing appropriation items 195686, Third Frontier	127065
Operating, and 195620, Third Frontier Operating - Tax, shall be	127066
used for operating expenses incurred by the Development Services	127067
Agency in administering projects pursuant to sections 184.10 to	127068
184.20 of the Revised Code. Operating expenses paid from item	127069
195686 shall be limited to the administration of projects funded	127070
from the Third Frontier Research & Development Fund (Fund 7011)	127071
and operating expenses paid from item 195620 shall be limited to	127072
the administration of projects funded from the Third Frontier	127073
Research & Development Taxable Bond Project Fund (Fund 7014).	127074

THIRD FRONTIER RESEARCH AND DEVELOPMENT PROJECTS AND RESEARCH	127075
AND DEVELOPMENT TAXABLE BOND PROJECTS	127076

The foregoing appropriation items 195687, Third Frontier	127077
Research & Development Projects, 195692, Research & Development	127078
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	127079
shall be used by the Development Services Agency to fund selected	127080
projects. Eligible costs are those costs of research and	127081
development projects to which the proceeds of the Third Frontier	127082
Research & Development Fund (Fund 7011) and the Research &	127083
Development Taxable Bond Project Fund (Fund 7014) are to be	127084
applied.	127085

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

127086

The Director of Budget and Management may approve written	127087
requests from the Director of Development Services for the	127088
transfer of appropriations between appropriation items 195687,	127089
Third Frontier Research & Development Projects, and 195692,	127090
Research & Development Taxable Bond Projects, based upon awards	127091
recommended by the Third Frontier Commission. The transfers are	127092
subject to approval by the Controlling Board.	127093

In fiscal year 2015, the Director of Development Services may	127094
request that the Director of Budget and Management reappropriate	127095
any unexpended, unencumbered balances of the prior fiscal year's	127096
appropriation to the foregoing appropriation items 195687, Third	127097
Frontier Research & Development Projects, and 195692, Research &	127098
Development Taxable Bond Projects, for fiscal year 2015. The	127099
Director of Budget and Management may request additional	127100
information necessary for evaluating these requests, and the	127101
Director of Development Services shall provide the requested	127102
information to the Director of Budget and Management. Based on the	127103
information provided by the Director of Development Services, the	127104
Director of Budget and Management shall determine the amounts to	127105
be reappropriated, and those amounts are hereby reappropriated for	127106
fiscal year 2015.	127107

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

127108

The Ohio Public Facilities Commission is hereby authorized to	127109
issue and sell, in accordance with Section 2p of Article VIII,	127110
Ohio Constitution, and particularly sections 151.01 and 151.10 of	127111
the Revised Code, original obligations of the State of Ohio in an	127112
aggregate amount not to exceed $350,000,000 in addition to the	127113
original issuance of obligations authorized by prior acts of the	127114
General Assembly. The authorized obligations shall be issued and	127115
sold from time to time and in amounts necessary to ensure	127116
sufficient moneys to the credit of the Third Frontier Research and	127117
Development Fund (Fund 7011) and the Third Frontier Research and	127118
Development Taxable Bond Fund (Fund 7014) to pay costs of research	127119
and development projects.	127120

Section 257.90. JOB READY SITE PROGRAM

127121

The foregoing appropriation item 195688, Job Ready Site	127122
Development, shall be used for operating expenses incurred by the	127123
Development Services Agency in administering Job Ready Site	127124
Development Fund (Fund 7012) projects pursuant to sections 122.085	127125
to 122.0820 of the Revised Code. Operating expenses include, but	127126
are not limited to, certain qualified expenses of the District	127127
Public Works Integrating Committees, as applicable, engineering	127128
review of submitted applications by the State Architect or a	127129
third-party engineering firm, audit and accountability activities,	127130
and costs associated with formal certifications verifying that	127131
site infrastructure is in place and is functional.	127132

Section 257.110. (A) ASSORTED TRANSFERS FOR RESTRUCTURING

127133

On July 1, 2013, or as soon as possible thereafter, the	127134
Director of Budget and Management may transfer up to the cash	127135
balances in the Tax Incentive Program Operating Fund (Fund 4S00)	127136
and the Tax Credit Operating Fund (Fund 4S10) to the Business	127137
Assistance Fund (Fund 4510).	127138

On July 1, 2013, or as soon as possible thereafter, the	127139
Director of Budget and Management may transfer up to the cash	127140
balances in the Family Farm Loan Fund (Fund 5H10) and the First	127141
Frontier Fund (Fund 4H40) to the Facility Establishment Fund (Fund	127142
7037).	127143

On July 1, 2013, or as soon as possible thereafter, the	127144
Director of Budget and Management may transfer up to the cash	127145
balance in the Brownfield Stormwater Loan Fund (Fund 5KD0) to the	127146
New Markets Tax Credit Program Fund (Fund 5JR0).	127147

On July 1, 2013, or as soon as possible thereafter, the	127148
Director of Budget and Management may transfer up to the cash	127149
balances in the Water and Sewer Fund (Fund 4440) and the Water and	127150
Sewer Administrative Fund (Fund 6110) to the General	127151
Reimbursements Fund (Fund 6850).	127152

On July 1, 2013, or as soon as possible thereafter, the	127153
Director of Budget and Management may transfer up to the cash	127154
balance in the Local Government Services Collaboration Grant Fund	127155
(Fund 7088) to the Local Government Innovation Fund (Fund 5KN0).	127156

(B) ABOLISHMENT OF FUNDS

127157

On July 1, 2013, or as soon as possible thereafter, upon	127158
completion of a transfer of the cash balance in a fund as	127159
described in division (A) of this section by the Director of	127160
Budget and Management, notwithstanding the establishment authority	127161
of the fund, the fund is hereby abolished.	127162

On July 1, 2013, or as soon as possible thereafter, the	127163
Director of Budget and Management shall transfer the cash balance	127164
in the Exempt Facility Inspection Fund (Fund 5X10) to the Advanced	127165
Energy Fund (Fund 5M50). After completion of the transfer and on	127166
the effective date of its repeal by this act, Fund 5X10 shall be	127167
abolished.	127168

On July 1, 2013, or as soon as possible thereafter, the	127169
Director of Budget and Management shall transfer the cash balance	127170
in the Rapid Outreach Loan Fund (Fund 7022) to the Facilities	127171
Establishment Fund (Fund 7037). After completion of the transfer	127172
and on the effective date of its repeal by this act, Fund 7022	127173
shall be abolished.	127174

The following funds, which, like Funds 5HJ0, 5X10, and 7022,	127175
were created in the Revised Code, are determined to be dormant and	127176
shall be abolished on the effective date of their repeal by this	127177
act: Diesel Emissions Grant Fund (Fund 3BD0), Shovel Ready Sites	127178
Fund (Fund 5CA0), Energy Projects Fund (Fund 5DU0), Business	127179
Development and Assistance Fund (Fund 5LK0), Clean Ohio	127180
Revitalization Revolving Loan Fund (Fund 7007), and Logistics &	127181
Distribution Infrastructure Taxable Bond Fund (Fund 7048).	127182

127183

On July 1, 2013, or as soon as possible thereafter, the	127184
Director of Budget and Management may determine whether the	127185
following funds are dormant. If the Director of Budget and	127186
Management determines a fund to be dormant, notwithstanding the	127187
establishment authority of the fund, the fund is hereby abolished.	127188
The funds are:	127189

Fund Number	Fund Name	127190
1360	International Trade	127191
3800	Ohio Housing Agency	127192
3BJ0	TANF Heating Assistance	127193
3X30	TANF Housing	127194
4450	OHFA Administration	127195
4480	Ohio Coal Development	127196
4D00	Public & Private Assistance	127197
5CV0	Defense Conversion Assistance	127198
5D10	Port Authority Bond Reserves	127199
5D20	Urban Redevelopment Loan	127200
5F70	Local Government Y2K Loan Program	127201
5X50	Family Homelessness Prevention Pilot	127202
5Y60	Economic Development Contingency	127203
5Z30	Jobs	127204
QA70	Electric Revenue Development	127205

Section 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

127206

General Revenue Fund	127207

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	127208
GRF	320415	Lease-Rental Payments	$	15,843,300	$	16,076,700	127209
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	127210
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	127211
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	127212
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	127213
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	127214
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	127215
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	127216
GRF	653407	Medicaid Services	$	430,056,111	$	435,574,237	127217
TOTAL GRF General Revenue Fund			$	524,186,339	$	529,937,865	127218

General Services Fund Group	127219

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		127220
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		127221

Federal Special Revenue Fund Group	127222

3A50	320613	DD Council	$	3,297,656	$	3,324,187	127223
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	127224
3A40	653604	DC & ICF/MR Program Support	$	8,013,611	$	8,013,611	127225
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	127226
3A40	653653	ICF/MR	$	354,712,840	$	353,895,717	127227
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,022,485,423	127228
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	127229
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	127230
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,597,043,271	127231

State Special Revenue Fund Group	127232

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	127233
2210	322620	Supplement Service Trust	$	150,000	$	150,000	127234
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	127235
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	127236
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	127237
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	127238
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	127239
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	127240
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	127241
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	127242
5GE0	653606	ICF/MR and Waiver Match	$	40,353,139	$	39,106,638	127243
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	127244
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	127245
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	127246
TOTAL ALL BUDGET FUND GROUPS			$	2,530,404,582	$	2,689,878,711	127247

Section 259.20. LEASE-RENTAL PAYMENTS

127249

The foregoing appropriation item 320415, Lease-Rental	127250
Payments, shall be used to meet all payments at the times they are	127251
required to be made during the period from July 1, 2013, through	127252
June 30, 2015, by the Department of Developmental Disabilities	127253
under leases and agreements made under section 154.20 of the	127254
Revised Code. These appropriations are the source of funds pledged	127255
for bond service charges on related obligations issued under	127256
Chapter 154. of the Revised Code.	127257

Section 259.30. SCREENING AND EARLY INTERVENTION

127258

The foregoing appropriation item 322420, Screening and Early	127259
Intervention, shall be used for screening and early intervention	127260
programs for children with autism selected by the Director of	127261
Developmental Disabilities.	127262

Section 259.40. FAMILY SUPPORT SERVICES SUBSIDY

127263

The foregoing appropriation item 322451, Family Support	127264
Services, may be used as follows in fiscal year 2014 and fiscal	127265
year 2015:	127266

(A) The appropriation item may be used to provide a subsidy	127267
to county boards of developmental disabilities for family support	127268
services provided under section 5126.11 of the Revised Code. The	127269
subsidy shall be paid in quarterly installments and allocated to	127270
county boards according to a formula the Director of Developmental	127271
Disabilities shall develop in consultation with representatives of	127272
county boards. A county board shall use not more than seven per	127273
cent of its subsidy for administrative costs.	127274

(B) The appropriation item may be used to distribute funds to	127275
county boards for the purpose of addressing economic hardships and	127276
to promote efficiency of operations. In consultation with	127277
representatives of county boards, the Director shall determine the	127278
amount of funds to distribute for these purposes and the criteria	127279
for distributing the funds.	127280

Section 259.50. STATE SUBSIDY TO COUNTY DD BOARDS

127281

(A) Except as provided in the section of this act titled	127282
"NONFEDERAL SHARE OF ICF/MR SERVICES," the foregoing appropriation	127283
item 322501, County Boards Subsidies, shall be used for the	127284
following purposes:	127285

(1) To provide a subsidy to county boards of developmental	127286
disabilities in quarterly installments and allocated according to	127287
a formula developed by the Director of Developmental Disabilities	127288
in consultation with representatives of county boards. Except as	127289
provided in section 5126.0511 of the Revised Code or in division	127290
(B) of this section, county boards shall use the subsidy for early	127291
childhood services and adult services provided under section	127292
5126.05 of the Revised Code, service and support administration	127293
provided under section 5126.15 of the Revised Code, or supported	127294
living as defined in section 5126.01 of the Revised Code.	127295

(2) To provide funding, as determined necessary by the	127296
Director, for residential services, including room and board, and	127297
support service programs that enable individuals with	127298
developmental disabilities to live in the community.	127299

(3) To distribute funds to county boards of developmental	127300
disabilities to address economic hardships and promote efficiency	127301
of operations. The Director shall determine, in consultation with	127302
representatives of county boards, the amount of funds to	127303
distribute for these purposes and the criteria for distributing	127304
the funds.	127305

(B) In collaboration with the county's family and children	127306
first council, a county board of developmental disabilities may	127307
transfer portions of funds received under this section, to a	127308
flexible funding pool in accordance with the section of this act	127309
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	127310

Section 259.60. COUNTY BOARD SHARE OF WAIVER SERVICES

127311

As used in this section, "home and community-based services"	127312
has the same meaning as in section 5123.01 of the Revised Code.	127313

The Director of Developmental Disabilities shall establish a	127314
methodology to be used in fiscal year 2014 and fiscal year 2015 to	127315
estimate the quarterly amount each county board of developmental	127316
disabilities is to pay of the nonfederal share of home and	127317
community-based services that section 5126.0510 of the Revised	127318
Code requires county boards to pay. Each quarter, the Director	127319
shall submit to a county board written notice of the amount the	127320
county board is to pay for that quarter. The notice shall specify	127321
when the payment is due.	127322

Section 259.70. TAX EQUITY

127323

Notwithstanding section 5126.18 of the Revised Code, the	127324
foregoing appropriation item 322503, Tax Equity, may be used to	127325
distribute funds to county boards of developmental disabilities to	127326
address economic hardships and promote efficiency of operations.	127327
The Director of Developmental Disabilities shall determine, in	127328
consultation with representatives of county boards, the amount of	127329
funds to distribute for these purposes and the criteria for	127330
distributing the funds.	127331

Section 259.80. MEDICAID SERVICES

127332

Except as provided in section 5123.0416 of the Revised Code,	127333
the purposes for which the foregoing appropriation item 653407,	127334
Medicaid Services, shall be used include the following:	127335

(A) Home and community-based services, as defined in section	127336
5123.01 of the Revised Code;	127337

(B) Implementation of the requirements of the agreement	127338
settling the consent decree in Sermak v. Manuel, Case No.	127339
C-2-80-220, United States District Court for the Southern District	127340
of Ohio, Eastern Division;	127341

(C) Implementation of the requirements of the agreement	127342
settling the consent decree in the Martin v. Strickland, Case No.	127343
89-CV-00362, United States District Court for the Southern	127344
District of Ohio, Eastern Division;	127345

(D) ICF/MR services, as defined in section 5124.01 of the	127346
Revised Code;	127347

(E) Other programs as identified by the Director of	127348
Developmental Disabilities.	127349

Section 259.90. EMPLOYMENT FIRST PILOT PROGRAM

127350

The foregoing appropriation item 322508, Employment First	127351
Pilot Program, shall be used to increase employment opportunities	127352
for individuals with developmental disabilities through the	127353
Employment First Initiative in accordance with section 5123.022 of	127354
the Revised Code.	127355

Of the foregoing appropriation item, 322508, Employment First	127356
Pilot Program, the Director of Developmental Disabilities shall	127357
transfer, in each fiscal year, to the Rehabilitation Services	127358
Commission an amount agreed upon by the Director of Developmental	127359
Disabilities and the Administrator of the Rehabilitation Services	127360
Commission. The transfer shall be made via an intrastate transfer	127361
voucher. The transferred funds shall be used to support the	127362
Employment First Pilot Program. The Rehabilitation Services	127363
Commission shall use the funds transferred as state matching funds	127364
to obtain available federal grant dollars for vocational	127365
rehabilitation services. Any federal match dollars received by the	127366
Rehabilitation Services Commission shall be used for the pilot	127367
program. The Director of Developmental Disabilities and the	127368
Administrator of the Rehabilitation Services Commission shall	127369
enter into an interagency agreement in accordance with section	127370
3304.181 of the Revised Code that will specify the	127371
responsibilities of each agency under the pilot program. Under the	127372
interagency agreement, the Rehabilitation Services Commission	127373
shall retain responsibility for eligibility determination, order	127374
of selection, plan approval, plan amendment, and release of vendor	127375
payments.	127376

The remainder of appropriation item 322508, Employment First	127377
Pilot Program, shall be used to develop a long term, sustainable	127378
system that places individuals with developmental disabilities in	127379
community employment, as defined in section 5126.01 of the Revised	127380
Code.	127381

Section 259.100. EMPLOYMENT FIRST TASKFORCE FUND

127382

If an employment first task force is established by the	127383
Director of Developmental Disabilities in accordance with section	127384
5123.023 of the Revised Code, the Director of Budget and	127385
Management shall establish an appropriation item from the	127386
Employment First Taskforce Fund for use by the Department of	127387
Developmental Disabilities to support the work of the task force.	127388
In fiscal year 2014 and fiscal year 2015, if an employment first	127389
task force is established, the Director of Developmental	127390
Disabilities shall certify to the Director of Budget and	127391
Management the appropriation amounts necessary for the Department	127392
of Developmental Disabilities to fulfill its obligation to support	127393
the work of the task force. Once the certification required under	127394
this section has been submitted and approved by the Director of	127395
Budget and Management, the appropriations established under this	127396
section are hereby appropriated in the amounts approved by the	127397
Director of Budget and Management.	127398

Section 259.110. TRANSFER TO OPERATING AND SERVICES FUND

127399

On July 1, 2013, or as soon as possible thereafter, the	127400
Director of Developmental Disabilities shall request the Director	127401
of Budget and Management to transfer the cash balance in the Home	127402
and Community-Based Services Fund (Fund 4K80) to the Operating and	127403
Services Fund (Fund 5GE0). Upon completion of the transfer, Fund	127404
4K80 is hereby abolished. The Director of Budget and Management	127405
shall cancel any existing encumbrances against appropriation item	127406
322604, Medicaid Waiver – State Match, and reestablish them	127407
against appropriation item 653606, ICF/MR and Waiver Match. The	127408
reestablished encumbrance amounts are hereby appropriated.	127409

Section 259.120. OPERATING AND SERVICES

127410

Of the foregoing appropriation item 320606, Operating and	127411
Services, $100,000 in each fiscal year shall be provided to the	127412
Ohio Center for Autism and Low Incidence to establish a lifespan	127413
autism hub to support families and professionals.	127414

Section 259.130. TARGETED CASE MANAGEMENT SERVICES

127415

County boards of developmental disabilities shall pay the	127416
nonfederal portion of targeted case management costs to the	127417
Department of Developmental Disabilities.	127418

The Director of Developmental Disabilities and the Medicaid	127419
Director may enter into an interagency agreement under which the	127420
Department of Developmental Disabilities shall transfer cash from	127421
the Targeted Case Management Fund (Fund 5DJ0) to the Health	127422
Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used by the	127423
Department of Medicaid in an amount equal to the nonfederal	127424
portion of the cost of targeted case management services paid by	127425
county boards. Under the agreement, the Department of Medicaid	127426
shall pay the total cost of targeted case management claims. The	127427
transfer shall be made using an intrastate transfer voucher.	127428

Section 259.140. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

127429

If a county board of developmental disabilities does not	127430
fully pay any amount owed to the Department of Developmental	127431
Disabilities by the due date established by the Department, the	127432
Director of Developmental Disabilities may withhold the amount the	127433
county board did not pay from any amounts due to the county board.	127434
The Director may use any appropriation item or fund used by the	127435
Department to transfer cash to any other fund used by the	127436
Department in an amount equal to the amount owed the Department	127437
that the county board did not pay. Transfers under this section	127438
shall be made using an intrastate transfer voucher.	127439

Section 259.150. DEVELOPMENTAL CENTER BILLING FOR SERVICES

127440

Developmental centers of the Department of Developmental	127441
Disabilities may provide services to persons with mental	127442
retardation or developmental disabilities living in the community	127443
or to providers of services to these persons. The Department may	127444
develop a method for recovery of all costs associated with the	127445
provision of these services.	127446

Section 259.160. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	127447
PHARMACY PROGRAMS	127448

The Director of Developmental Disabilities shall quarterly	127449
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	127450
Health Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used	127451
by the Department of Medicaid, in an amount equal to the	127452
nonfederal share of Medicaid prescription drug claim costs for all	127453
developmental centers paid by the Department of Medicaid. The	127454
quarterly transfer shall be made using an intrastate transfer	127455
voucher.	127456

Section 259.170. NONFEDERAL MATCH FOR ACTIVE TREATMENT	127457
SERVICES	127458

Any county funds received by the Department of Developmental	127459
Disabilities from county boards of developmental disabilities for	127460
active treatment shall be deposited in the Developmental	127461
Disabilities Operating Fund (Fund 4890).	127462

Section 259.180. ODODD INNOVATIVE PILOT PROJECTS

127463

(A) In fiscal year 2014 and fiscal year 2015, the Director of	127464
Developmental Disabilities may authorize the continuation or	127465
implementation of one or more innovative pilot projects that, in	127466
the judgment of the Director, are likely to assist in promoting	127467
the objectives of Chapter 5123. or 5126. of the Revised Code.	127468
Subject to division (B) of this section and notwithstanding any	127469
provision of Chapters 5123. and 5126. of the Revised Code and any	127470
rule adopted under either chapter, a pilot project authorized by	127471
the Director may be continued or implemented in a manner	127472
inconsistent with one or more provisions of either chapter or one	127473
or more rules adopted under either chapter. Before authorizing a	127474
pilot program, the Director shall consult with entities interested	127475
in the issue of developmental disabilities, including the Ohio	127476
Provider Resource Association, Ohio Association of County Boards	127477
of Developmental Disabilities, Ohio Health Care Association/Ohio	127478
Centers for Intellectual Disabilities, and ARC of Ohio.	127479

(B) The Director may not authorize a pilot project to be	127480
implemented in a manner that would cause the state to be out of	127481
compliance with any requirements for a program funded in whole or	127482
in part with federal funds.	127483

Section 259.190. DEPARTMENT OF DEVELOPMENTAL DISABILITIES'	127484
APPROPRIATION ITEM STRUCTURE	127485

Upon request from the Director of Developmental Disabilities,	127486
the Director of Budget and Management may establish new funds, new	127487
appropriation items, and appropriations in order to support the	127488
transition to a new appropriation item structure in the Department	127489
of Developmental Disabilities' budget. Also, upon request of the	127490
Director of Developmental Disabilities, the Director of Budget and	127491
Management may transfer appropriations between GRF appropriation	127492
items, transfer cash between any funds used by the Department of	127493
Developmental Disabilities, abolish existing funds used by the	127494
Department of Developmental Disabilities, and cancel and	127495
reestablish encumbrances. Any establishment of new funds or	127496
appropriation items, any transfers of appropriations or cash, and	127497
any increases in appropriation under this section are subject to	127498
Controlling Board approval.	127499

Section 259.200. FISCAL YEAR 2014 MEDICAID PAYMENT RATES FOR	127500
ICFs/MR	127501

(A) As used in this section:

127502

"Capped per diem rate" means the per Medicaid day payment	127503
rate calculated for an ICF/MR under division (D) of this section.	127504

"Change of operator," "entering operator," "exiting	127505
operator," "ICF/MR," "ICF/MR services," "Medicaid days,"	127506
"provider," and "provider agreement" have the same meanings as in	127507
section 5124.01 of the Revised Code.	127508

"Franchise permit fee" means the fee imposed by sections	127509
5168.60 to 5168.71 of the Revised Code.	127510

"Modified per diem rate" means the per Medicaid day payment	127511
rate calculated for an ICF/MR under division (C) of this section.	127512

"Unmodified per diem rate" means the per Medicaid day payment	127513
rate calculated for an ICF/MR under Chapter 5124. of the Revised	127514
Code.	127515

(B) This section applies to each ICF/MR provider to which	127516
either of the following applies:	127517

(1) The provider has a valid Medicaid provider agreement for	127518
the ICF/MR on June 30, 2013, and a valid Medicaid provider	127519
agreement for the ICF/MR during fiscal year 2014.	127520

(2) The ICF/MR undergoes a change of operator that takes	127521
effect during fiscal year 2014, the exiting operator has a valid	127522
Medicaid provider agreement for the ICF/MR on the day immediately	127523
preceding the effective date of the change of operator, and the	127524
entering operator has a valid Medicaid provider agreement for the	127525
ICF/MR during fiscal year 2014.	127526

(C) An ICF/MR's total modified per diem rate for fiscal year	127527
2014 shall be the ICF/MR's total unmodified per diem rate for that	127528
fiscal year with the following modifications:	127529

(1) In place of the inflation adjustment otherwise made under	127530
section 5124.23 of the Revised Code, the ICF/MR's desk-reviewed,	127531
actual, allowable, per diem other protected costs, excluding the	127532
franchise permit fee, from calendar year 2012 shall be multiplied	127533
by 1.0123.	127534

(2) In place of the maximum cost per case-mix unit	127535
established for the ICF/MR's peer group under division (C) of	127536
section 5124.23 of the Revised Code, the ICF/MR's maximum costs	127537
per case-mix unit shall be the following:	127538

(a) In the case of an ICF/MR with more than eight beds,	127539
$108.21;	127540

(b) In the case of an ICF/MR with eight or fewer beds,	127541
$102.21.	127542

(3) In place of the inflation adjustment otherwise calculated	127543
under division (D) of section 5124.19 of the Revised Code for the	127544
purpose of division (A)(1)(b) of that section, an inflation	127545
adjustment of 1.0123 shall be used.	127546

(4) In place of the maximum rate for indirect care costs	127547
established for the ICF/MR's peer group under division (C) of	127548
section 5124.21 of the Revised Code, the maximum rate for indirect	127549
care costs for the ICF/MR's peer group shall be the following:	127550

(a) In the case of an ICF/MR with more than eight beds,	127551
$68.98;	127552

(b) In the case of an ICF/MR with eight or fewer beds,	127553
$59.60.	127554

(5) In place of the inflation adjustment otherwise calculated	127555
under division (D)(1) of section 5124.21 of the Revised Code for	127556
the purpose of division (B)(1) of that section only, an inflation	127557
adjustment of 1.0123 shall be used.	127558

(6) In place of the efficiency incentive otherwise calculated	127559
under division (B)(2) of section 5124.21 of the Revised Code, the	127560
ICF/MR's efficiency incentive for indirect care costs shall be the	127561
following:	127562

(a) In the case of an ICF/MR with more than eight beds,	127563
$3.69;	127564

(b) In the case of an ICF/MR with eight or fewer beds, $3.19.

127565

(7) The ICF/MR's efficiency incentive for capital costs, as	127566
determined under division (E) of section 5124.17 of the Revised	127567
Code, shall be reduced by 50%.	127568

(D) An ICF/MR's total capped per diem rate for fiscal year	127569
2014 shall be the ICF/MR's total unmodified per diem rate for that	127570
fiscal year reduced by the percentage by which the mean total	127571
unmodified per diem rates for all ICFs/MR in this state for fiscal	127572
year 2014, weighted by May 2013 Medicaid days and calculated as of	127573
July 1, 2013, exceeds $282.84.	127574

(E) Except as otherwise provided by this section, an ICF/MR	127575
provider to which this section applies shall be paid, for ICF/MR	127576
services the ICF/MR provides during fiscal year 2014, a total per	127577
diem rate determined as follows:	127578

(1) Add the ICF/MR's total modified per diem rate to the	127579
ICF/MR's total capped per diem rate;	127580

(2) Divide the amount determined under division (E)(1) of	127581
this section by two.	127582

(F) If the mean total per diem rate for all ICFs/MR to which	127583
this section applies, weighted by May 2013 Medicaid days and	127584
determined under division (E) of this section as of July 1, 2013,	127585
is other than $282.84, the Department of Developmental	127586
Disabilities shall adjust, for fiscal year 2014, the total per	127587
diem rate for each ICF/MR to which this section applies by a	127588
percentage that is equal to the percentage by which the mean total	127589
per diem rate is greater or less than $282.84.	127590

(G) If the United States Centers for Medicare and Medicaid	127591
Services requires that the franchise permit fee be reduced or	127592
eliminated, the Department of Developmental Disabilities shall	127593
reduce the amount it pays ICF/MR providers under this section as	127594
necessary to reflect the loss to the state of the revenue and	127595
federal financial participation generated from the franchise	127596
permit fee.	127597

(H) The Department of Developmental Disabilities shall follow	127598
this section in determining the rate to be paid ICF/MR providers	127599
subject to this section notwithstanding anything to the contrary	127600
in Chapter 5124. of the Revised Code.	127601

Of the foregoing appropriation items 653407, Medicaid	127602
Services, 653606, ICF/MR and Waiver Match, and 653653, ICF/MR,	127603
portions shall be used to pay the Medicaid payment rates	127604
determined in accordance with this section for ICF/MR services	127605
provided during fiscal year 2014.	127606

Section 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	127607
ICFs/MR	127608

(A) As used in this section:

127609

"Capped per diem rate" means the per Medicaid day payment	127610
rate calculated for an ICF/MR under division (D) of this section.	127611

"Change of operator," "entering operator," "exiting	127612
operator," "ICF/MR," "ICF/MR services," "Medicaid days,"	127613
"provider," and "provider agreement" have the same meanings as in	127614
section 5124.01 of the Revised Code.	127615

"Franchise permit fee" means the fee imposed by sections	127616
5168.60 to 5168.71 of the Revised Code.	127617

"Modified per diem rate" means the per Medicaid day payment	127618
rate calculated for an ICF/MR under division (C) of this section.	127619

"Unmodified per diem rate" means the per Medicaid day payment	127620
rate calculated for an ICF/MR under Chapter 5124. of the Revised	127621
Code.	127622

(B) This section applies to each ICF/MR provider to which	127623
either of the following applies:	127624

(1) The provider has a valid Medicaid provider agreement for	127625
the ICF/MR on June 30, 2014, and a valid Medicaid provider	127626
agreement for the ICF/MR during fiscal year 2015.	127627

(2) The ICF/MR undergoes a change of operator that takes	127628
effect during fiscal year 2015, the exiting operator has a valid	127629
Medicaid provider agreement for the ICF/MR on the day immediately	127630
preceding the effective date of the change of operator, and the	127631
entering operator has a valid Medicaid provider agreement for the	127632
ICF/MR during fiscal year 2015.	127633

(C) An ICF/MR's total modified per diem rate for fiscal year	127634
2015 shall be the ICF/MR's total unmodified per diem rate for that	127635
fiscal year with the following modifications:	127636

(1) In place of the inflation adjustment otherwise made under	127637
section 5124.23 of the Revised Code, the ICF/MR's desk-reviewed,	127638
actual, allowable, per diem other protected costs, excluding the	127639
franchise permit fee, from calendar year 2013 shall be multiplied	127640
by 1.0123.	127641

(2) In place of the maximum cost per case-mix unit	127642
established for the ICF/MR's peer group under division (C) of	127643
section 5124.19 of the Revised Code, the ICF/MR's maximum costs	127644
per case-mix unit shall be the following:	127645

(a) In the case of an ICF/MR with more than eight beds,	127646
$108.21;	127647

(b) In the case of an ICF/MR with eight or fewer beds,	127648
$102.21.	127649

(3) In place of the inflation adjustment otherwise calculated	127650
under division (D) of section 5124.19 of the Revised Code for the	127651
purpose of division (A)(1)(b) of that section, an inflation	127652
adjustment of 1.0123 shall be used.	127653

(4) In place of the maximum rate for indirect care costs	127654
established for the ICF/MR's peer group under division (C) of	127655
section 5124.21 of the Revised Code, the maximum rate for indirect	127656
care costs for the ICF/MR's peer group shall be the following:	127657

(a) In the case of an ICF/MR with more than eight beds,	127658
$68.98;	127659

(b) In the case of an ICF/MR with eight or fewer beds,	127660
$59.60.	127661

(5) In place of the inflation adjustment otherwise calculated	127662
under divisions (D)(1) and (2) of section 5124.21 of the Revised	127663
Code for the purpose of division (B)(1) of that section only, an	127664
inflation adjustment of 1.0123 shall be used.	127665

(6) In place of the efficiency incentive otherwise calculated	127666
under division (B)(2) of section 5124.21 of the Revised Code, the	127667
ICF/MR's efficiency incentive for indirect care costs shall be the	127668
following:	127669

(a) In the case of an ICF/MR with more than eight beds,	127670
$3.69;	127671

(b) In the case of an ICF/MR with eight or fewer beds, $3.19.

127672

(7) The ICF/MR's efficiency incentive for capital costs, as	127673
determined under division (E) of section 5124.17 of the Revised	127674
Code, shall be reduced by 50%.	127675

(D) An ICF/MR's total capped per diem rate for fiscal year	127676
2015 shall be the ICF/MR's total unmodified per diem rate for that	127677
fiscal year reduced by the percentage by which the mean total	127678
unmodified per diem rates for all ICFs/MR in this state for fiscal	127679
year 2015, weighted by May 2014 Medicaid days and calculated as of	127680
July 1, 2014, exceeds $282.77.	127681

(E) Except as otherwise provided by this section, an ICF/MR	127682
provider to which this section applies shall be paid, for ICF/MR	127683
services the ICF/MR provides during fiscal year 2015, a total per	127684
diem rate determined as follows:	127685

(1) Add the ICF/MR's total modified per diem rate to the	127686
ICF/MR's total capped per diem rate;	127687

(2) Divide the amount determined under division (E)(1) of	127688
this section by two.	127689

(F) If the mean total per diem rate for all ICFs/MR to which	127690
this section applies, weighted by May 2014 Medicaid days and	127691
determined under division (E) of this section as of July 1, 2014,	127692
is other than $282.77, the Department of Developmental	127693
Disabilities shall adjust, for fiscal year 2015, the total per	127694
diem rate for each ICF/MR to which this section applies by a	127695
percentage that is equal to the percentage by which the mean total	127696
per diem rate is greater or less than $282.77.	127697

(G) If the United States Centers for Medicare and Medicaid	127698
Services requires that the franchise permit fee be reduced or	127699
eliminated, the Department of Developmental Disabilities shall	127700
reduce the amount it pays ICF/MR providers under this section as	127701
necessary to reflect the loss to the state of the revenue and	127702
federal financial participation generated from the franchise	127703
permit fee.	127704

(H) The Department of Developmental Disabilities shall follow	127705
this section in determining the rate to be paid ICF/MR providers	127706
subject to this section notwithstanding anything to the contrary	127707
in Chapter 5124. of the Revised Code.	127708

Of the foregoing appropriation items 653407, Medicaid	127709
Services, 653606, ICF/MR and Waiver Match, and 653653, ICF/MR,	127710
portions shall be used to pay the Medicaid payment rates	127711
determined in accordance with this section for ICF/MR services	127712
provided during fiscal year 2015.	127713

Section 259.220. TRANSFER OF FUNDS FOR OUTLIER SERVICES	127714
PROVIDED TO PEDIATRIC VENTILATOR-DEPENDENT ICF/MR RESIDENTS	127715

As used in this section, "ICF/MR" and "ICF/MR services" have	127716
the same meanings as in section 5124.01 of the Revised Code.	127717

Each quarter during fiscal year 2015, the Director of	127718
Developmental Disabilities shall certify to the Director of Budget	127719
and Management the amount needed to pay the nonfederal share of	127720
the costs of the Medicaid rate add-on paid to ICFs/MR pursuant to	127721
section 5124.25 of the Revised Code for providing outlier ICF/MR	127722
services to residents who qualify for the services and are	127723
transferred to ICFs/MR from hospitals at which they receive	127724
ventilator services at the time of their transfer to the ICFs/MR.	127725

On receipt of a certification, the Director of Budget and	127726
Management shall transfer appropriations equaling the certified	127727
amount from appropriation item 651525, Medicaid/Health Care	127728
Services, to appropriation item 653407, Medicaid Services, and, in	127729
addition, shall reduce the appropriation in 651525,	127730
Medicaid/Health Care Services, by the corresponding federal share.	127731

If receipts credited to the Developmental Center and	127732
Residential Facility Services and Support Fund (Fund 3A40), used	127733
by the Department of Developmental Disabilities, exceed the	127734
amounts appropriated in appropriation item 653653, ICF/MR, the	127735
Director of Developmental Disabilities may request the Director of	127736
Budget and Management to authorize expenditures from the fund in	127737
excess of the amounts appropriated. Upon approval of the Director	127738
of Budget and Management, the additional amounts are hereby	127739
appropriated.	127740

Section 259.230. ICF/MR MEDICAID RATE WORKGROUP

127741

As used in this section, "ICF/MR," "ICF/MR services," and	127742
"Medicaid-certified capacity" have the same meanings as in section	127743
5124.01 of the Revised Code.	127744

For the purpose of assisting the Department of Developmental	127745
Disabilities during fiscal year 2014 and fiscal year 2015 with an	127746
evaluation of revisions to the formula used to determine Medicaid	127747
payment rates for ICF/MR services, the Department shall retain the	127748
workgroup that was created to assist with the study required by	127749
Section 309.30.80 of Am. Sub. H.B. 153 of the 129th General	127750
Assembly. In conducting the evaluation, the Department and	127751
workgroup shall do both of the following:	127752

(A) Focus primarily on the service needs of individuals with	127753
complex challenges that ICFs/MR are able to meet;	127754

(B) Pursue the goal of reducing the Medicaid-certified	127755
capacity of individual ICFs/MR and the total number of ICF/MR beds	127756
in the state for the purpose of increasing the service choices and	127757
community integration of individuals eligible for ICF/MR services.	127758

Section 259.240. NONFEDERAL SHARE OF ICF/MR SERVICES

127759

(A) As used in this section, "ICF/MR," "ICF/MR services," and	127760
"Medicaid-certified capacity" have the same meanings as in section	127761
5124.01 of the Revised Code.	127762

(B) The Director of Developmental Disabilities shall pay the	127763
nonfederal share of a claim for ICF/MR services using funds	127764
specified in division (C) of this section if all of the following	127765
apply:	127766

(1) Medicaid covers the ICF/MR services.

127767

(2) The ICF/MR services are provided to a Medicaid recipient	127768
to whom both of the following apply:	127769

(a) The Medicaid recipient is eligible for the ICF/MR	127770
services;	127771

(b) The Medicaid recipient does not occupy a bed in the	127772
ICF/MR that used to be included in the Medicaid-certified capacity	127773
of another ICF/MR certified by the Director of Health before June	127774
1, 2003.	127775

(3) The ICF/MR services are provided by an ICF/MR whose	127776
Medicaid certification by the Director of Health was initiated or	127777
supported by a county board of developmental disabilities.	127778

(4) The provider of the ICF/MR services has a valid Medicaid	127779
provider agreement for the services for the time that the services	127780
are provided.	127781

(C) When required by division (B) of this section to pay the	127782
nonfederal share of a claim, the Director of Developmental	127783
Disabilities shall use the following funds to pay the claim:	127784

(1) Funds available from appropriation item 322501, County	127785
Boards Subsidies, that the Director allocates to the county board	127786
that initiated or supported the Medicaid certification of the	127787
ICF/MR that provided the ICF/MR services for which the claim is	127788
made;	127789

(2) If the amount of funds used pursuant to division (C)(1)	127790
of this section is insufficient to pay the claim in full, an	127791
amount of funds that are needed to make up the difference and	127792
available from amounts the Director allocates to other county	127793
boards from appropriation item 322501, County Boards Subsidies.	127794

Section 259.250. FY 2014 AND FY 2015 RATES FOR CERTAIN	127795
HOMEMAKER/PERSONAL CARE SERVICES UNDER IO WAIVER	127796

(A) As used in this section:

127797

"Converted facility" means an ICF/MR, or former ICF/MR, that	127798
converted some or all of its beds to providing home and	127799
community-based services under the IO Waiver pursuant to section	127800
5124.60 of the Revised Code.	127801

"Developmental center" and "ICF/MR" have the same meanings as	127802
in section 5124.01 of the Revised Code.	127803

"H.B. 153 increased Medicaid payment rate" means the total	127804
Medicaid payment rate for each fifteen minutes of routine	127805
homemaker/personal care services that was set by Section 263.20.70	127806
of Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	127807
Am. Sub. H.B. 487 of the 129th General Assembly.	127808

"IO Waiver" means the Medicaid waiver component, as defined	127809
in section 5166.01 of the Revised Code, known as Individual	127810
Options.	127811

"Public hospital" has the same meaning as in section 5122.01	127812
of the Revised Code.	127813

"Regular Medicaid payment rate" means the total Medicaid	127814
payment rate for each fifteen minutes of routine	127815
homemaker/personal care services that are available under the IO	127816
Waiver and to which this section does not apply.	127817

(B) This section applies to routine homemaker/personal care	127818
services to which both of the following apply:	127819

(1) The services are provided to an IO Waiver enrollee to	127820
whom all of the following apply:	127821

(a) The enrollee began to receive the services from the	127822
provider on or after July 1, 2011.	127823

(b) The enrollee resided in a developmental center, converted	127824
facility, or public hospital immediately before enrolling in the	127825
IO Wavier.	127826

(c) The Director of Developmental Disabilities has determined	127827
that the enrollee's special circumstances (including the	127828
enrollee's diagnosis, service needs, or length of stay at the	127829
developmental center, converted facility, or public hospital)	127830
warrants paying the Medicaid payment rate authorized by this	127831
section.	127832

(2) The provider of the services has a valid Medicaid	127833
provider agreement for the services for the period during which	127834
the enrollee receives the services from the provider.	127835

(C) The total Medicaid payment rate for each fifteen minutes	127836
of routine homemaker/personal care services to which this section	127837
applies and that are provided during the period beginning July 1,	127838
2013, and ending June 30, 2015, shall be the greater of the	127839
following:	127840

(1) The H.B. 153 increased Medicaid payment rate;

127841

(2) The regular Medicaid payment rate in effect at the time	127842
the services are provided.	127843

(D) Of the foregoing appropriation items 653407, Medicaid	127844
Services, and 653639, Medicaid Waiver Services, portions shall be	127845
used to pay the Medicaid payment rates determined in accordance	127846
with this section for certain homemaker/personal care services	127847
under the IO Waiver.	127848

Section 259.260. UPDATING AUTHORIZING STATUTE CITATIONS

127849

As used in this section, "authorizing statute" means a	127850
Revised Code section or provision of a Revised Code section that	127851
is cited in the Ohio Administrative Code as the statute that	127852
authorizes the adoption of a rule.	127853

The Director of Developmental Disabilities is not required to	127854
amend any rule for the sole purpose of updating the citation in	127855
the Ohio Administrative Code to the rule's authorizing statute to	127856
reflect that this act renumbers the authorizing statute or	127857
relocates it to another Revised Code section. Such citations shall	127858
be updated as the Director amends the rules for other purposes.	127859

Section 259.270. REASON FOR THE REPEAL OF R.C. 5111.236

127860

This act repeals section 5111.236 of the Revised Code to	127861
carry out the intent of the Governor as indicated in the veto	127862
message regarding Am. Sub. H.B. 1 of the 128th General Assembly	127863
transmitted to the Clerk of the House of Representatives on July	127864
17, 2009. The actual veto removed the section from the title and	127865
enacting clause of H.B. 1 and an earmark related to the section.	127866
However, the actual veto inadvertently showed only division (C) of	127867
the section, rather than the entire section, as being vetoed.	127868

Section 261.10. OBD OHIO BOARD OF DIETETICS

127869

General Services Fund Group	127870

4K90	860609	Operating Expenses	$	330,592	$	342,592	127871
TOTAL GSF General Services Fund							127872
Group			$	330,592	$	342,592	127873
TOTAL ALL BUDGET FUND GROUPS			$	330,592	$	342,592	127874

Section 263.10. EDU DEPARTMENT OF EDUCATION

127876

General Revenue Fund	127877

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	127878
GRF	200408	Early Childhood Education	$	23,268,341	$	25,268,341	127879
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	127880
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	127881
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	127882
GRF	200424	Policy Analysis	$	328,558	$	328,558	127883
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	127884
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	127885
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	127886
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	127887
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	127888
GRF	200442	Child Care Licensing	$	827,140	$	827,140	127889
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	127890
GRF	200447	GED Testing	$	879,551	$	879,551	127891
GRF	200448	Educator Preparation	$	850,000	$	850,000	127892
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	127893
GRF	200464	General Technology Operations	$	192,097	$	192,097	127894
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	127895
GRF	200468	Ready to Learn	$	5,000,000	$	5,000,000	127896
GRF	200502	Pupil Transportation	$	505,013,527	$	518,513,527	127897
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	127898
GRF	200511	Auxiliary Services	$	130,547,795	$	134,881,982	127899
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,973,586	$	60,931,509	127900
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	127901
GRF	200545	Career-Technical Education Enhancements	$	9,072,999	$	9,072,999	127902
GRF	200550	Foundation Funding	$	5,810,807,929	$	6,004,142,692	127903
GRF	200901	Property Tax Allocation - Education	$	1,138,800,000	$	1,184,352,000	127904
TOTAL GRF General Revenue Fund			$	7,982,452,634	$	8,254,434,217	127905

General Services Fund Group	127906

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	127907
4520	200638	Fees and Refunds	$	500,000	$	500,000	127908
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	127909
5960	200656	Ohio Career Information System	$	529,761	$	529,761	127910
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	127911
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	127912
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	127913
TOTAL GSF General Services							127914
Fund Group			$	41,764,032	$	47,108,544	127915

Federal Special Revenue Fund Group	127916

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	127917
3670	200607	School Food Services	$	8,200,664	$	8,700,149	127918
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	127919
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	127920
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	127921
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	127922
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	127923
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	127924
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	127925
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	127926
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	127927
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	127928
3EK0	200637	Advanced Placement	$	450,000	$	450,000	127929
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	127930
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	127931
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	127932
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	127933
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	127934
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	127935
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	127936
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	127937
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	127938
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	127939
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	127940
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	127941
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	127942
3T40	200613	Public Charter Schools	$	500,000	$	0	127943
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	127944
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	127945
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	127946
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	127947
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	127948
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	127949
TOTAL FED Federal Special							127950
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	127951

State Special Revenue Fund Group	127952

4540	200610	GED Testing	$	1,050,000	$	250,000	127953
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	127954
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	127955
4V70	200633	Interagency Program Support	$	717,725	$	717,725	127956
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	127957
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	127958
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	127959
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	127960
5U20	200685	National Education Statistics	$	300,000	$	300,000	127961
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	127962
TOTAL SSR State Special Revenue							127963
Fund Group			$	53,996,635	$	54,149,635	127964

Lottery Profits Education Fund Group	127965

7017	200612	Foundation Funding	$	775,000,000	$	850,000,000	127966
7017	200648	Straight A Fund	$	50,000,000	$	100,000,000	127967
7017	200666	EdChoice Expansion	$	8,500,000	$	17,000,000	127968
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	127969
TOTAL LPE Lottery Profits							127970
Education Fund Group			$	841,000,000	$	974,500,000	127971

Revenue Distribution Fund Group	127972

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	127973
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	127974
TOTAL RDF Revenue Distribution							127975
Fund Group			$	510,000,000	$	510,000,000	127976
TOTAL ALL BUDGET FUND GROUPS			$	11,467,258,299	$	11,817,595,851	127977

Section 263.20. OPERATING EXPENSES

127979

A portion of the foregoing appropriation item 200321,	127980
Operating Expenses, shall be used by the Department of Education	127981
to provide matching funds under 20 U.S.C. 2321.	127982

EARLY CHILDHOOD EDUCATION

127983

The Department of Education shall distribute the foregoing	127984
appropriation item 200408, Early Childhood Education, to pay the	127985
costs of early childhood education programs.	127986

(A) As used in this section:

127987

(1) "Provider" means a city, local, exempted village, or	127988
joint vocational school district, or an educational service	127989
center.	127990

(2) In the case of a city, local, or exempted village school	127991
district, "new eligible provider" means a district that did not	127992
receive state funding for Early Childhood Education in the	127993
previous fiscal year or demonstrates a need for early childhood	127994
programs as defined in division (D) of this section.	127995

(3) "Eligible child" means a child who is at least three	127996
years of age as of the district entry date for kindergarten, is	127997
not of the age to be eligible for kindergarten, and whose family	127998
earns not more than two hundred per cent of the federal poverty	127999
guidelines as defined in division (A)(3) of section 5101.46 of the	128000
Revised Code. Children with an Individualized Education Program	128001
and where the Early Childhood Education program is the least	128002
restrictive environment may be enrolled on their third birthday.	128003

(4) "Early learning program standards" means early learning	128004
program standards for school readiness developed by the Department	128005
to assess the operation of early learning programs.	128006

(B) In each fiscal year, up to two per cent of the total	128007
appropriation may be used by the Department for program support	128008
and technical assistance. The Department shall distribute the	128009
remainder of the appropriation in each fiscal year to serve	128010
eligible children.	128011

(C) The Department shall provide an annual report to the	128012
Governor, the Speaker of the House of Representatives, and the	128013
President of the Senate and post the report to the Department's	128014
web site, regarding early childhood education programs operated	128015
under this section and the early learning program standards.	128016

(D) After setting aside the amounts to make payments due from	128017
the previous fiscal year, in fiscal year 2014, the Department	128018
shall distribute funds first to recipients of funds for early	128019
childhood education programs under Section 267.10.10 of Am. Sub.	128020
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	128021
H.B. 487 of the 129th General Assembly, in the previous fiscal	128022
year and the balance to new eligible providers of early childhood	128023
education programs under this section or to existing providers to	128024
serve more eligible children or for purposes of program expansion,	128025
improvement, or special projects to promote quality and	128026
innovation.	128027

After setting aside the amounts to make payments due from the	128028
previous fiscal year, in fiscal year 2015, the Department shall	128029
distribute funds first to providers of early childhood education	128030
programs under this section in the previous fiscal year and the	128031
balance to new eligible providers or to existing providers to	128032
serve more eligible children as outlined under division (E) of	128033
this section or for purposes of program expansion, improvement, or	128034
special projects to promote quality and innovation.	128035

(E) The Department shall distribute any new or remaining	128036
funding to existing providers of early childhood education	128037
programs or any new eligible providers in an effort to invest in	128038
high quality early childhood programs where there is a need as	128039
determined by the Department. The Department shall distribute the	128040
new or remaining funds to existing providers of early childhood	128041
education programs or any new eligible providers to serve	128042
additional eligible children based on community economic	128043
disadvantage, limited access to high quality preschool or	128044
childcare services, and demonstration of high quality preschool	128045
services as determined by the Department using new metrics	128046
developed pursuant to Ohio's Race to the Top—Early Learning	128047
Challenge Grant, awarded to the Department in December 2011.	128048

Awards under divisions (D) and (E) of this section shall be	128049
distributed on a per-pupil basis, and in accordance with division	128050
(I) of this section. The Department may adjust the per-pupil	128051
amount so that the per-pupil amount multiplied by the number of	128052
eligible children enrolled and receiving services on the first day	128053
of December or the business day closest to that date equals the	128054
amount allocated under this section.	128055

(F) Costs for developing and administering an early childhood	128056
education program may not exceed fifteen per cent of the total	128057
approved costs of the program.	128058

All providers shall maintain such fiscal control and	128059
accounting procedures as may be necessary to ensure the	128060
disbursement of, and accounting for, these funds. The control of	128061
funds provided in this program, and title to property obtained,	128062
shall be under the authority of the approved provider for purposes	128063
provided in the program unless, as described in division (K) of	128064
this section, the program waives its right for funding or a	128065
program's funding is eliminated or reduced due to its inability to	128066
meet financial or early learning program standards. The approved	128067
provider shall administer and use such property and funds for the	128068
purposes specified.	128069

(G) The Department may examine a provider's financial and	128070
program records. If the financial practices of the program are not	128071
in accordance with standard accounting principles or do not meet	128072
financial standards outlined under division (F) of this section,	128073
or if the program fails to substantially meet the early learning	128074
program standards, meet a quality rating level in the tiered	128075
quality rating and improvement system developed under section	128076
5104.30 of the Revised Code as prescribed by the Department, or	128077
exhibits below average performance as measured against the	128078
standards, the early childhood education program shall propose and	128079
implement a corrective action plan that has been approved by the	128080
Department. The approved corrective action plan shall be signed by	128081
the chief executive officer and the executive of the official	128082
governing body of the provider. The corrective action plan shall	128083
include a schedule for monitoring by the Department. Such	128084
monitoring may include monthly reports, inspections, a timeline	128085
for correction of deficiencies, and technical assistance to be	128086
provided by the Department or obtained by the early childhood	128087
education program. The Department may withhold funding pending	128088
corrective action. If an early childhood education program fails	128089
to satisfactorily complete a corrective action plan, the	128090
Department may deny expansion funding to the program or withdraw	128091
all or part of the funding to the program and establish a new	128092
eligible provider through a selection process established by the	128093
Department.	128094

(H) Each early childhood education program shall do all of	128095
the following:	128096

(1) Meet teacher qualification requirements prescribed by	128097
section 3301.311 of the Revised Code;	128098

(2) Align curriculum to the early learning content standards	128099
developed by the Department;	128100

(3) Meet any child or program assessment requirements	128101
prescribed by the Department;	128102

(4) Require teachers, except teachers enrolled and working to	128103
obtain a degree pursuant to section 3301.311 of the Revised Code,	128104
to attend a minimum of twenty hours every two years of	128105
professional development as prescribed by the Department;	128106

(5) Document and report child progress as prescribed by the	128107
Department;	128108

(6) Meet and report compliance with the early learning	128109
program standards as prescribed by the Department;	128110

(7) Participate in the tiered quality rating and improvement	128111
system developed under section 5104.30 of the Revised Code.	128112
Effective July 1, 2016, all programs shall be rated through the	128113
system.	128114

(I) Per-pupil funding for programs subject to this section	128115
shall be sufficient to provide eligible children with services for	128116
a standard early childhood schedule which shall be defined in this	128117
section as a minimum of twelve and one-half hours per school week	128118
as defined in section 3313.62 of the Revised Code for the minimum	128119
school year as defined in sections 3313.48, 3313.481, and 3313.482	128120
of the Revised Code. Nothing in this section shall be construed to	128121
prohibit program providers from utilizing other funds to serve	128122
eligible children in programs that exceed the twelve and one-half	128123
hours per week or that exceed the minimum school year. For any	128124
provider for which a standard early childhood education schedule	128125
creates a hardship or for which the provider shows evidence that	128126
the provider is working in collaboration with a preschool special	128127
education program, the provider may submit a waiver to the	128128
Department requesting an alternate schedule. If the Department	128129
approves a waiver for an alternate schedule that provides services	128130
for less time than the standard early childhood education	128131
schedule, the Department may reduce the provider's annual	128132
allocation proportionately. Under no circumstances shall an annual	128133
allocation be increased because of the approval of an alternate	128134
schedule.	128135

(J) Each provider shall develop a sliding fee scale based on	128136
family incomes and shall charge families who earn more than two	128137
hundred per cent of the federal poverty guidelines, as defined in	128138
division (A)(3) of section 5101.46 of the Revised Code, for the	128139
early childhood education program.	128140

The Department shall conduct an annual survey of each	128141
provider to determine whether the provider charges families	128142
tuition or fees, the amount families are charged relative to	128143
family income levels, and the number of families and students	128144
charged tuition and fees for the early childhood program.	128145

(K) If an early childhood education program voluntarily	128146
waives its right for funding, or has its funding eliminated for	128147
not meeting financial standards or the early learning program	128148
standards, the provider shall transfer control of title to	128149
property, equipment, and remaining supplies obtained through the	128150
program to providers designated by the Department and return any	128151
unexpended funds to the Department along with any reports	128152
prescribed by the Department. The funding made available from a	128153
program that waives its right for funding or has its funding	128154
eliminated or reduced may be used by the Department for new grant	128155
awards or expansion grants. The Department may award new grants or	128156
expansion grants to eligible providers who apply. The eligible	128157
providers who apply must do so in accordance with the selection	128158
process established by the Department.	128159

(L) Eligible expenditures for the Early Childhood Education	128160
Program shall be claimed each fiscal year to help meet the state's	128161
TANF maintenance of effort requirement. The Superintendent of	128162
Public Instruction and the Director of Job and Family Services	128163
shall enter into an interagency agreement to carry out the	128164
requirements under this division, which shall include developing	128165
reporting guidelines for these expenditures.	128166

Section 263.30. INFORMATION TECHNOLOGY DEVELOPMENT AND	128167
SUPPORT	128168

The foregoing appropriation item 200420, Information	128169
Technology Development and Support, shall be used to support the	128170
development and implementation of information technology solutions	128171
designed to improve the performance and services of the Department	128172
of Education. Funds may be used for personnel, maintenance, and	128173
equipment costs related to the development and implementation of	128174
these technical system projects. Implementation of these systems	128175
shall allow the Department to provide greater levels of assistance	128176
to school districts and to provide more timely information to the	128177
public, including school districts, administrators, and	128178
legislators. Funds may also be used to support data-driven	128179
decision-making and differentiated instruction, as well as to	128180
communicate academic content standards and curriculum models to	128181
schools through web-based applications.	128182

Section 263.40. ALTERNATIVE EDUCATION PROGRAMS

128183

The foregoing appropriation item 200421, Alternative	128184
Education Programs, shall be used for the renewal of successful	128185
implementation grants and for competitive matching grants to	128186
school districts for alternative educational programs for existing	128187
and new at-risk and delinquent youth. Programs shall be focused on	128188
youth in one or more of the following categories: those who have	128189
been expelled or suspended, those who have dropped out of school	128190
or who are at risk of dropping out of school, those who are	128191
habitually truant or disruptive, or those on probation or on	128192
parole from a Department of Youth Services facility. Grants shall	128193
be awarded only to programs in which the grant will not serve as	128194
the program's primary source of funding. These grants shall be	128195
administered by the Department of Education.	128196

The Department of Education may waive compliance with any	128197
minimum education standard established under section 3301.07 of	128198
the Revised Code for any alternative school that receives a grant	128199
under this section on the grounds that the waiver will enable the	128200
program to more effectively educate students enrolled in the	128201
alternative school.	128202

Of the foregoing appropriation item 200421, Alternative	128203
Education Programs, a portion may be used for program	128204
administration, monitoring, technical assistance, support,	128205
research, and evaluation.	128206

Section 263.50. SCHOOL MANAGEMENT ASSISTANCE

128207

Of the foregoing appropriation item 200422, School Management	128208
Assistance, $1,000,000 in each fiscal year shall be used by the	128209
Auditor of State in consultation with the Department of Education	128210
for expenses incurred in the Auditor of State's role relating to	128211
fiscal caution, fiscal watch, and fiscal emergency activities as	128212
defined in Chapter 3316. of the Revised Code, unless an amount	128213
less than $1,000,000 is needed and mutually agreed to by the	128214
Department and the Auditor of State. This set-aside may also be	128215
used by the Auditor of State to conduct performance audits of	128216
other school districts with priority given to districts in fiscal	128217
distress. Districts in fiscal distress shall be determined by the	128218
Auditor of State and shall include districts that the Auditor of	128219
State, in consultation with the Department of Education,	128220
determines are employing fiscal practices or experiencing	128221
budgetary conditions that could produce a state of fiscal watch or	128222
fiscal emergency.	128223

The remainder of appropriation item 200422, School Management	128224
Assistance, shall be used by the Department of Education to	128225
provide fiscal technical assistance and inservice education for	128226
school district management personnel and to administer, monitor,	128227
and implement the fiscal caution, fiscal watch, and fiscal	128228
emergency provisions under Chapter 3316. of the Revised Code.	128229

Section 263.60. POLICY ANALYSIS

128230

The foregoing appropriation item 200424, Policy Analysis,	128231
shall be used by the Department of Education to support a system	128232
of administrative, statistical, and legislative education	128233
information to be used for policy analysis. Staff supported by	128234
this appropriation shall administer the development of reports,	128235
analyses, and briefings to inform education policymakers of	128236
current trends in education practice, efficient and effective use	128237
of resources, and evaluation of programs to improve education	128238
results. The database shall be kept current at all times. These	128239
research efforts shall be used to supply information and analysis	128240
of data to the General Assembly and other state policymakers,	128241
including the Office of Budget and Management, the Governor's	128242
Office of 21st Century Education, and the Legislative Service	128243
Commission.	128244

The Department of Education may use funding from this	128245
appropriation item to purchase or contract for the development of	128246
software systems or contract for policy studies that will assist	128247
in the provision and analysis of policy-related information.	128248
Funding from this appropriation item also may be used to monitor	128249
and enhance quality assurance for research-based policy analysis	128250
and program evaluation to enhance the effective use of education	128251
information to inform education policymakers.	128252

TECH PREP CONSORTIA SUPPORT

128253

The foregoing appropriation item 200425, Tech Prep Consortia	128254
Support, shall be used by the Department of Education to support	128255
state-level activities designed to support, promote, and expand	128256
tech prep programs. Use of these funds shall include, but not be	128257
limited to, administration of grants, program evaluation,	128258
professional development, curriculum development, assessment	128259
development, program promotion, communications, and statewide	128260
coordination of tech prep consortia.	128261

Section 263.70. OHIO EDUCATIONAL COMPUTER NETWORK

128262

The foregoing appropriation item 200426, Ohio Educational	128263
Computer Network, shall be used by the Department of Education to	128264
maintain a system of information technology throughout Ohio and to	128265
provide technical assistance for such a system in support of the	128266
P-16 State Education Technology Plan developed under section	128267
3353.09 of the Revised Code.	128268

Of the foregoing appropriation item 200426, Ohio Educational	128269
Computer Network, up to $10,705,569 in each fiscal year shall be	128270
used by the Department of Education to support connection of all	128271
public school buildings and participating chartered nonpublic	128272
schools to the state's education network, to each other, and to	128273
the Internet. In each fiscal year the Department of Education	128274
shall use these funds to assist information technology centers or	128275
school districts with the operational costs associated with this	128276
connectivity. The Department of Education shall develop a formula	128277
and guidelines for the distribution of these funds to information	128278
technology centers or individual school districts. As used in this	128279
section, "public school building" means a school building of any	128280
city, local, exempted village, or joint vocational school	128281
district, any community school established under Chapter 3314. of	128282
the Revised Code, any college preparatory boarding school	128283
established under Chapter 3328. of the Revised Code, any STEM	128284
school established under Chapter 3326. of the Revised Code, any	128285
educational service center building used for instructional	128286
purposes, the Ohio School for the Deaf and the Ohio School for the	128287
Blind, high schools chartered by the Ohio Department of Youth	128288
Services, or high schools operated by Ohio Department of	128289
Rehabilitation and Corrections' Ohio Central School System.	128290

Of the foregoing appropriation item 200426, Ohio Educational	128291
Computer Network, up to $2,500,000 in each fiscal year shall be	128292
used for the Union Catalog and InfOhio Network and to support the	128293
provision of electronic resources with priority given to resources	128294
that support the teaching of state academic content standards in	128295
all public schools. Consideration shall be given by the Department	128296
of Education to coordinating the allocation of these moneys with	128297
the efforts of Libraries Connect Ohio, whose members include	128298
OhioLINK, the Ohio Public Information Network, and the State	128299
Library of Ohio.	128300

Of the foregoing appropriation item 200426, Ohio Educational	128301
Computer Network, up to $5,220,000 in each fiscal year shall be	128302
used, through a formula and guidelines devised by the Department,	128303
to subsidize the activities of designated information technology	128304
centers, as defined by State Board of Education rules, to provide	128305
school districts and chartered nonpublic schools with	128306
computer-based student and teacher instructional and	128307
administrative information services, including approved	128308
computerized financial accounting, and to ensure the effective	128309
operation of local automated administrative and instructional	128310
systems.	128311

Of the foregoing appropriation item 200426, Ohio Educational	128312
Computer Network, up to $10,000,000 in fiscal year 2014 shall be	128313
used for middle mile connections for the information technology	128314
centers established under section 3301.075 of the Revised Code and	128315
select large urban districts to connect to the state broadband	128316
backbone managed by the Ohio Technology Consortium and for other	128317
connectivity upgrades necessary for K-12 school buildings with	128318
severely restricted broadband connections. The Department of	128319
Education shall develop an expenditure plan aligned with the	128320
capacity and timeline requirements of the achievement assessments	128321
developed by the Partnership for Assessment of Readiness for	128322
College and Careers and other instructional technology/blended	128323
learning initiatives. The State Chief Information Officer and the	128324
Education Technology Division of the Ohio Board of Regents shall	128325
review the plan to ensure it coincides with State of Ohio and	128326
higher education network strategies and shall either approve or	128327
reject the plan. If the plan is rejected, the State Chief	128328
Information Officer and the Education Technology Division of the	128329
Ohio Board of Regents shall identify deficiencies in the plan and	128330
work with the Department to complete an acceptable plan. "Select	128331
large urban districts" are those districts that connect to the	128332
state broadband backbone directly rather than through an	128333
information technology center. At the request of the	128334
Superintendent of Public Instruction, the Director of Budget and	128335
Management may authorize the expenditure in fiscal year 2015 of	128336
any unexpended and unencumbered portion of this set-aside at the	128337
end of fiscal year 2014. The authorized expenditure is hereby	128338
reappropriated to the Department for the same purpose for fiscal	128339
year 2015.	128340

The remainder of appropriation item 200426, Ohio Educational	128341
Computer Network, shall be used to support the work of the	128342
development, maintenance, and operation of a network of uniform	128343
and compatible computer-based information and instructional	128344
systems as well as the teacher student linkage/roster verification	128345
process and the eTranscript/student records exchange initiative.	128346
This technical assistance shall include, but not be restricted to,	128347
development and maintenance of adequate computer software systems	128348
to support network activities. In order to improve the efficiency	128349
of network activities, the Department and information technology	128350
centers may jointly purchase equipment, materials, and services	128351
from funds provided under this appropriation for use by the	128352
network and, when considered practical by the Department, may	128353
utilize the services of appropriate state purchasing agencies.	128354

Section 263.80. ACADEMIC STANDARDS

128355

The foregoing appropriation item 200427, Academic Standards,	128356
shall be used by the Department of Education to develop, revise,	128357
and communicate to school districts academic content standards and	128358
curriculum models and to develop professional development programs	128359
and other tools on the new content standards and model curriculum.	128360

Section 263.90. STUDENT ASSESSMENT

128361

Of the foregoing appropriation item 200437, Student	128362
Assessment, up to $95,000 in each fiscal year may be used to	128363
support the assessments required under section 3301.0715 of the	128364
Revised Code.	128365

The remainder of appropriation item 200437, Student	128366
Assessment, shall be used to develop, field test, print,	128367
distribute, score, report results, and support other associated	128368
costs for the tests required under sections 3301.0710, 3301.0711,	128369
and 3301.0712 of the Revised Code and for similar purposes as	128370
required by section 3301.27 of the Revised Code. The funds may	128371
also be used to update and develop diagnostic assessments required	128372
under sections 3301.079, 3301.0715, and 3313.608 of the Revised	128373
Code.	128374

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	128375
ASSESSMENT	128376

In fiscal year 2014 and fiscal year 2015, if the	128377
Superintendent of Public Instruction determines that additional	128378
funds are needed to fully fund the requirements of sections	128379
3301.0710, 3301.0711, 3301.0712, and 3301.27 of the Revised Code	128380
and this act for assessments of student performance, the	128381
Superintendent of Public Instruction may recommend the	128382
reallocation of unexpended and unencumbered General Revenue Fund	128383
appropriations within the Department of Education to appropriation	128384
item 200437, Student Assessment, to the Director of Budget and	128385
Management. If the Director of Budget and Management determines	128386
that such a reallocation is required, the Director of Budget and	128387
Management may transfer unexpended and unencumbered appropriations	128388
within the Department of Education as necessary to appropriation	128389
item 200437, Student Assessment. If these transferred	128390
appropriations are not sufficient to fully fund the assessment	128391
requirements in fiscal year 2014 or fiscal year 2015, the	128392
Superintendent of Public Instruction may request that the	128393
Controlling Board transfer up to $9,000,000 cash from the Lottery	128394
Profits Education Reserve Fund (Fund 7018) to the General Revenue	128395
Fund. Upon approval of the Controlling Board, the Director of	128396
Budget and Management shall transfer the cash. These transferred	128397
funds are hereby appropriated for the same purpose as	128398
appropriation item 200437, Student Assessment.	128399

Section 263.100. Notwithstanding anything to the contrary in	128400
sections 3301.0710 and 3301.0711 of the Revised Code, in the	128401
2013-2014 school year, the Department of Education shall not	128402
furnish, and school districts and schools shall not administer,	128403
the elementary writing and social studies achievement assessments	128404
prescribed by section 3301.0710 of the Revised Code, unless the	128405
Superintendent of Public Instruction determines the Department has	128406
sufficient funds to pay the costs of furnishing and scoring those	128407
assessments.	128408

Section 263.110. ACCOUNTABILITY/REPORT CARDS

128409

Of the foregoing appropriation item 200439,	128410
Accountability/Report Cards, a portion in each fiscal year may be	128411
used to train district and regional specialists and district	128412
educators in the use of the value-added progress dimension and in	128413
the use of data as it relates to improving student achievement.	128414
This training may include teacher and administrator professional	128415
development in the use of data to improve instruction and student	128416
learning, and teacher and administrator training in understanding	128417
teacher value-added reports and how they can be used as a	128418
component in measuring teacher and administrator effectiveness. A	128419
portion of this funding may be provided to a credible nonprofit	128420
organization with expertise in value-added progress dimensions.	128421

The remainder of appropriation item 200439,	128422
Accountability/Report Cards, shall be used by the Department to	128423
incorporate a statewide value-added progress dimension into	128424
performance ratings for school districts and for the development	128425
of an accountability system that includes the preparation and	128426
distribution of school report cards, funding and expenditure	128427
accountability reports under sections 3302.03 and 3302.031 of the	128428
Revised Code, and the development and maintenance of teacher	128429
value-added reports.	128430

CHILD CARE LICENSING

128431

The foregoing appropriation item 200442, Child Care	128432
Licensing, shall be used by the Department of Education to license	128433
and to inspect preschool and school-age child care programs under	128434
sections 3301.52 to 3301.59 of the Revised Code.	128435

Section 263.120. EDUCATION MANAGEMENT INFORMATION SYSTEM

128436

The foregoing appropriation item 200446, Education Management	128437
Information System, shall be used by the Department of Education	128438
to improve the Education Management Information System (EMIS).	128439

Of the foregoing appropriation item 200446, Education	128440
Management Information System, up to $729,000 in each fiscal year	128441
shall be distributed to designated information technology centers	128442
for costs relating to processing, storing, and transferring data	128443
for the effective operation of the EMIS. These costs may include,	128444
but are not limited to, personnel, hardware, software development,	128445
communications connectivity, professional development, and support	128446
services, and to provide services to participate in the State	128447
Education Technology Plan developed under section 3353.09 of the	128448
Revised Code.	128449

The remainder of appropriation item 200446, Education	128450
Management Information System, shall be used to develop and	128451
support a common core of data definitions and standards as adopted	128452
by the Education Management Information System Advisory Board,	128453
including the ongoing development and maintenance of the data	128454
dictionary and data warehouse. In addition, such funds shall be	128455
used to support the development and implementation of data	128456
standards; the design, development, and implementation of a new	128457
data exchange system; and responsibilities related to the school	128458
report cards prescribed by section 3302.03 of the Revised Code and	128459
value-added progress dimension calculations.	128460

Any provider of software meeting the standards approved by	128461
the Education Management Information System Advisory Board shall	128462
be designated as an approved vendor and may enter into contracts	128463
with local school districts, community schools, STEMS schools,	128464
information technology centers, or other educational entities for	128465
the purpose of collecting and managing data required under Ohio's	128466
education management information system (EMIS) laws. On an annual	128467
basis, the Department of Education shall convene an advisory group	128468
of school districts, community schools, and other	128469
education-related entities to review the Education Management	128470
Information System data definitions and data format standards. The	128471
advisory group shall recommend changes and enhancements based upon	128472
surveys of its members, education agencies in other states, and	128473
current industry practices, to reflect best practices, align with	128474
federal initiatives, and meet the needs of school districts.	128475

School districts, STEM schools, and community schools not	128476
implementing a common and uniform set of data definitions and data	128477
format standards for Education Management Information System	128478
purposes shall have all EMIS funding withheld until they are in	128479
compliance.	128480

Section 263.130. GED TESTING

128481

The foregoing appropriation item 200447, GED Testing, shall	128482
be used to provide General Educational Development (GED) testing	128483
under rules adopted by the State Board of Education.	128484

Section 263.140. EDUCATOR PREPARATION

128485

Of the foregoing appropriation item 200448, Educator	128486
Preparation, up to $500,000 in each fiscal year may be used by the	128487
Department of Education to monitor and support Ohio's State System	128488
of Support in accordance with the "No Child Left Behind Act of	128489
2011," 20 U.S.C. 6317, as administered pursuant to the Elementary	128490
and Secondary Education Act flexibility waivers approved for Ohio	128491
by the United States Department of Education.	128492

Of the foregoing appropriation item 200448, Educator	128493
Preparation, up to $100,000 in each fiscal year may be used by the	128494
Department to support the Educator Standards Board under section	128495
3319.61 of the Revised Code and reforms under sections 3302.042,	128496
3302.06 through 3302.068, 3302.12, 3302.20 through 3302.22, and	128497
3319.58 of the Revised Code.	128498

The remainder of the foregoing appropriation item 200448,	128499
Educator Preparation, in fiscal year 2015 may be used for	128500
implementation of teacher and principal evaluation systems,	128501
including incorporation of student growth as a metric in those	128502
systems, and teacher value-added reports.	128503

Section 263.150. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

128504

The foregoing appropriation item 200455, Community Schools	128505
and Choice Programs, may be used by the Department of Education	128506
for additional services and responsibilities under section 3314.11	128507
of the Revised Code and for operation of the school choice	128508
programs.	128509

Of the foregoing appropriation item 200455, Community Schools	128510
and Choice Programs, a portion in each fiscal year may be used by	128511
the Department of Education for developing and conducting training	128512
sessions for community schools and sponsors and prospective	128513
sponsors of community schools as prescribed in division (A)(1) of	128514
section 3314.015 of the Revised Code, and other schools	128515
participating in school choice programs.	128516

Section 263.160. TECHNOLOGY INTEGRATION AND PROFESSIONAL	128517
DEVELOPMENT	128518

The foregoing appropriation item 200465, Technology	128519
Integration and Professional Development, shall be used by the	128520
Department of Education to contract with educational television	128521
stations and education technology centers to provide Ohio public	128522
schools with instructional resources and services, with priority	128523
given to resources and services aligned with state academic	128524
content standards. Such resources and services shall be based upon	128525
the advice and approval of the Department, based on a formula used	128526
by the former eTech Ohio Commission unless and until a substitute	128527
formula is developed in consultation with the Ohio Board of	128528
Regents.	128529

Section 263.163. READY TO LEARN

128530

The Department of Education shall distribute the foregoing	128531
appropriation item 200468, Ready to Learn, to contract with	128532
eligible providers of early childhood education programs under	128533
this section.	128534

(A) As used in this section:

128535

(1) "Eligible provider" means a private early childhood	128536
education program provider that meets at least the third highest	128537
rating level in the tiered quality rating and improvement system	128538
developed under section 5104.30 of the Revised Code or a public	128539
early childhood education provider.	128540

(2) "Eligible child" means a child who is at least three	128541
years of age as of the district entry date for kindergarten, is	128542
not enrolled in kindergarten, and whose family earns not more than	128543
two hundred per cent of the federal poverty guidelines as defined	128544
in division (A)(3) of section 5101.46 of the Revised Code.	128545

(3) "Early learning program standards" means early learning	128546
program standards for school readiness developed by the Department	128547
to assess the operation of early learning programs.	128548

(B) The Department shall distribute funding to eligible	128549
providers on a per-pupil basis. The per-pupil amount shall be such	128550
that funding is provided for 2,200 eligible children in each	128551
fiscal year. The Department shall distribute funding so that at	128552
least three eligible children are funded in each county.	128553

(C) Each early childhood education program receiving funding	128554
under this section shall do all of the following:	128555

(1) Meet teacher qualification requirements prescribed by	128556
section 3301.311 of the Revised Code;	128557

(2) Align curriculum to the early learning content standards	128558
developed by the Department;	128559

(3) Meet any child or program assessment requirements	128560
prescribed by the Department;	128561

(4) Require teachers, except teachers enrolled and working to	128562
obtain a degree pursuant to section 3301.311 of the Revised Code,	128563
to attend a minimum of twenty hours every two years of	128564
professional development as prescribed by the Department;	128565

(5) Document and report child progress as prescribed by the	128566
Department;	128567

(6) Meet and report compliance with the early learning	128568
program standards as prescribed by the Department;	128569

(7) Participate in the tiered quality rating and improvement	128570
system developed under section 5104.30 of the Revised Code.	128571

Section 263.170. PUPIL TRANSPORTATION

128572

Of the foregoing appropriation item 200502, Pupil	128573
Transportation, up to $838,930 in each fiscal year may be used by	128574
the Department of Education for training prospective and	128575
experienced school bus drivers in accordance with training	128576
programs prescribed by the Department. Up to $60,469,220 in each	128577
fiscal year may be used by the Department of Education for special	128578
education transportation reimbursements to school districts and	128579
county DD boards for transportation operating costs as provided in	128580
divisions (C) and (F) of section 3317.024 of the Revised Code. Up	128581
to $5,000,000 in fiscal year 2014 may be used by the Department of	128582
Education to reimburse school districts that make payments to	128583
parents in lieu of transportation under section 3327.02 of the	128584
Revised Code and whose transportation is not funded under division	128585
(C) of section 3317.024 of the Revised Code.	128586

Of the foregoing appropriation item 200502, Pupil	128587
Transportation, up to $25,300,000 in fiscal year 2014 and up to	128588
$23,100,000 in fiscal year 2015 shall be used for additional	128589
transportation aid for school districts as provided by division	128590
(G)(2) of section 3317.0212 of the Revised Code, as amended by	128591
this act. The Department shall pay each school district a pro rata	128592
portion of the amounts calculated so that the amount appropriated	128593
is not exceeded.	128594

The remainder of appropriation item 200502, Pupil	128595
Transportation, shall be used to distribute the amounts calculated	128596
for transportation aid under division (G)(1) of section 3317.0212	128597
of the Revised Code, as amended by this act.	128598

Section 263.180. SCHOOL LUNCH MATCH

128599

The foregoing appropriation item 200505, School Lunch Match,	128600
shall be used to provide matching funds to obtain federal funds	128601
for the school lunch program.	128602

Any remaining appropriation after providing matching funds	128603
for the school lunch program may be used to partially reimburse	128604
school buildings within school districts that are required to have	128605
a school breakfast program under section 3313.813 of the Revised	128606
Code, at a rate decided by the Department.	128607

Section 263.190. AUXILIARY SERVICES

128608

The foregoing appropriation item 200511, Auxiliary Services,	128609
shall be used by the Department of Education for the purpose of	128610
implementing section 3317.06 of the Revised Code. Of the	128611
appropriation, up to $1,888,106 in fiscal year 2014 and up to	128612
$1,944,949 in fiscal year 2015 may be used for payment of the	128613
Post-Secondary Enrollment Program for nonpublic students, except	128614
that in fiscal year 2014 the Department may spend above the	128615
set-aside to pay for outstanding obligations for the	128616
Post-Secondary Enrollment Options Program in fiscal year 2013.	128617

Section 263.200. NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

128618

The foregoing appropriation item 200532, Nonpublic	128619
Administrative Cost Reimbursement, shall be used by the Department	128620
of Education for the purpose of implementing section 3317.063 of	128621
the Revised Code.	128622

Section 263.210. SPECIAL EDUCATION ENHANCEMENTS

128623

Of the foregoing appropriation item 200540, Special Education	128624
Enhancements, up to $50,000,000 in each fiscal year shall be used	128625
to fund special education and related services at county boards of	128626
developmental disabilities for eligible students under section	128627
3317.20 of the Revised Code and at institutions for eligible	128628
students under section 3317.201 of the Revised Code. If necessary,	128629
the Department shall proportionately reduce the amount calculated	128630
for each county board of developmental disabilities and	128631
institution so as not to exceed the amount appropriated in each	128632
fiscal year.	128633

Of the foregoing appropriation item 200540, Special Education	128634
Enhancements, up to $1,333,468 in each fiscal year shall be used	128635
for parent mentoring programs.	128636

Of the foregoing appropriation item 200540, Special Education	128637
Enhancements, up to $2,537,824 in each fiscal year may be used for	128638
school psychology interns.	128639

The remainder of appropriation item 200540, Special Education	128640
Enhancements, shall be distributed by the Department of Education	128641
to school districts and institutions, as defined in section	128642
3323.091 of the Revised Code, for preschool special education	128643
funding under section 3317.0213 of the Revised Code. If necessary,	128644
the Department shall proportionately reduce the amount calculated	128645
for each school district and institution so as not to exceed the	128646
amount appropriated in each fiscal year.	128647

The Department may reimburse school districts and	128648
institutions for services provided by instructional assistants,	128649
related services as defined in rule 3301-51-11 of the	128650
Administrative Code, physical therapy services provided by a	128651
licensed physical therapist or physical therapist assistant under	128652
the supervision of a licensed physical therapist as required under	128653
Chapter 4755. of the Revised Code and Chapter 4755-27 of the	128654
Administrative Code and occupational therapy services provided by	128655
a licensed occupational therapist or occupational therapy	128656
assistant under the supervision of a licensed occupational	128657
therapist as required under Chapter 4755. of the Revised Code and	128658
Chapter 4755-7 of the Administrative Code. Nothing in this section	128659
authorizes occupational therapy assistants or physical therapist	128660
assistants to generate or manage their own caseloads.	128661

The Department of Education shall require school districts,	128662
educational service centers, county DD boards, and institutions	128663
serving preschool children with disabilities to adhere to Ohio's	128664
early learning program standards, participate in the tiered	128665
quality rating and improvement system developed under section	128666
5104.30 of the Revised Code, and document child progress using	128667
research-based indicators prescribed by the Department and report	128668
results annually. The reporting dates and method shall be	128669
determined by the Department. Effective July 1, 2018, all programs	128670
shall be rated through the tiered quality rating and improvement	128671
system.	128672

Section 263.220. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

128673

Of the foregoing appropriation item 200545, Career-Technical	128674
Education Enhancements, up to $2,563,568 in each fiscal year shall	128675
be used to fund secondary career-technical education at	128676
institutions using a grant-based methodology, notwithstanding	128677
section 3317.05 of the Revised Code.	128678

Of the foregoing appropriation item 200545, Career-Technical	128679
Education Enhancements, up to $2,838,281 in each fiscal year shall	128680
be used by the Department of Education to fund competitive grants	128681
to tech prep consortia that expand the number of students enrolled	128682
in tech prep programs. These grant funds shall be used to directly	128683
support expanded tech prep programs provided to students enrolled	128684
in school districts, including joint vocational school districts,	128685
and affiliated higher education institutions. This support may	128686
include the purchase of equipment.	128687

Of the foregoing appropriation item 200545, Career-Technical	128688
Education Enhancements, up to $3,100,850 in each fiscal year shall	128689
be used by the Department of Education to support existing High	128690
Schools That Work (HSTW) sites, develop and support new sites,	128691
fund technical assistance, and support regional centers and middle	128692
school programs. The purpose of HSTW is to combine challenging	128693
academic courses and modern career-technical studies to raise the	128694
academic achievement of students. HSTW provides intensive	128695
technical assistance, focused staff development, targeted	128696
assessment services, and ongoing communications and networking	128697
opportunities.	128698

Of the foregoing appropriation item 200545, Career-Technical	128699
Education Enhancements, up to $300,000 in each fiscal year shall	128700
be used by the Department of Education to enable students in	128701
agricultural programs to enroll in a fifth quarter of instruction	128702
based on the agricultural education model of delivering work-based	128703
learning through supervised agricultural experience. The	128704
Department of Education shall determine eligibility criteria and	128705
the reporting process for the Agriculture 5th Quarter Project and	128706
shall fund as many programs as possible given the set aside.	128707

Of the foregoing appropriation item, 200545, Career-Technical	128708
Education Enhancements, up to $162,200 in each fiscal year shall	128709
be distributed to the Cleveland Municipal School District and the	128710
Cincinnati City School District to be used for a VoAg Program in	128711
one at-risk nonvocational school in each district. The amount	128712
distributed to the Cleveland Municipal School District shall be	128713
equal to $78,600 minus the funding allocated to the district under	128714
division (A)(8) of section 3317.022 of the Revised Code for the	128715
students participating in the program. The amount distributed to	128716
the Cincinnati City School District shall be equal to $83,600	128717
minus the funding allocated to the district under section 3317.162	128718
of the Revised Code for the students participating in the program.	128719

Of the foregoing appropriation item 200545, Career-Technical	128720
Education Enhancements, $108,100 in each fiscal year shall be used	128721
to prepare students for careers in culinary arts and restaurant	128722
management under the Ohio ProStart school restaurant program.	128723

Section 263.230. FOUNDATION FUNDING

128724

Of the foregoing appropriation item 200550, Foundation	128725
Funding, up to $675,000 in each fiscal year shall be used to	128726
support the work of the College of Education and Human Ecology at	128727
the Ohio State University in reviewing and assessing the alignment	128728
of courses offered through the distance learning clearinghouse	128729
established in sections 3333.81 to 3333.88 of the Revised Code	128730
with the academic content standards adopted under division (A) of	128731
section 3301.079 of the Revised Code.	128732

Of the foregoing appropriation item 200550, Foundation	128733
Funding, up to $40,000,000 in each fiscal year shall be used to	128734
provide additional state aid to school districts, joint vocational	128735
school districts, community schools, and STEM schools for special	128736
education students under division (C)(3) of section 3314.08,	128737
section 3317.0214, division (B) of section 3317.16, and section	128738
3326.34 of the Revised Code, except that the Controlling Board may	128739
increase these amounts if presented with such a request from the	128740
Department of Education at the final meeting of the fiscal year.	128741

Of the foregoing appropriation item 200550, Foundation	128742
Funding, up to $2,000,000 in each fiscal year shall be reserved	128743
for Youth Services tuition payments under section 3317.024 of the	128744
Revised Code.	128745

Of the foregoing appropriation item 200550, Foundation	128746
Funding, up to $3,800,000 in each fiscal year shall be used to	128747
fund gifted education at educational service centers. The	128748
Department shall distribute the funding through the unit-based	128749
funding methodology in place under division (L) of section	128750
3317.024, division (E) of section 3317.05, and divisions (A), (B),	128751
and (C) of section 3317.053 of the Revised Code as they existed	128752
prior to fiscal year 2010.	128753

Of the foregoing appropriation item 200550, Foundation	128754
Funding, up to $43,500,000 in fiscal year 2014 and up to	128755
$40,000,000 in fiscal year 2015 shall be reserved to fund the	128756
state reimbursement of educational service centers under the	128757
section of this act entitled "EDUCATIONAL SERVICE CENTERS	128758
FUNDING"; and up to $3,500,000 in each fiscal year shall be	128759
distributed to educational service centers for School Improvement	128760
Initiatives and, in consultation with the Governor's Director of	128761
21st Century Education, for the provision of technical assistance	128762
as required by the Elementary and Secondary Education Act	128763
Flexibility waivers approved for Ohio by the United States	128764
Department of Education. Educational service centers shall be	128765
required to support districts in the development and	128766
implementation of their continuous improvement plans as required	128767
in section 3302.04 of the Revised Code and to provide technical	128768
assistance and support in accordance with Title I of the "No Child	128769
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317, as	128770
administered pursuant to the Elementary and Secondary Education	128771
Act Flexibility waivers approved for Ohio by the United States	128772
Department of Education.	128773

Of the foregoing appropriation item 200550, Foundation	128774
Funding, up to $20,000,000 in each fiscal year shall be reserved	128775
for payments under sections 3317.026, 3317.027, and 3317.028 of	128776
the Revised Code. If this amount is not sufficient, the Department	128777
of Education shall prorate the payment amounts so that the	128778
aggregate amount allocated in this paragraph is not exceeded.	128779

Of the foregoing appropriation item 200550, Foundation	128780
Funding, up to $2,000,000 in each fiscal year shall be used to pay	128781
career-technical planning districts for the amounts reimbursed to	128782
students, as prescribed in this paragraph. Each career-technical	128783
planning district shall reimburse individuals taking the online	128784
General Educational Development (GED) test for the first time for	128785
application/test fees in excess of $40. Each career-technical	128786
planning district shall designate a site or sites where	128787
individuals may register and take the exam. For each individual	128788
that registers for the exam, the career-technical planning	128789
district shall make available and offer career counseling	128790
services, including information on adult education programs that	128791
are available.	128792

Of the foregoing appropriation item 200550, Foundation	128793
Funding, up to $410,000 in each fiscal year shall be used to pay	128794
career-technical planning districts $500 for each student that	128795
receives a journeyman certification, as recognized by the United	128796
States Department of Labor.	128797

Of the foregoing appropriation item 200550, Foundation	128798
Funding, up to $18,713,327 in each fiscal year shall be used to	128799
support school choice programs.	128800

Of the portion of the funds distributed to the Cleveland	128801
Municipal School District under this section, up to $11,901,887 in	128802
each fiscal year shall be used to operate the school choice	128803
program in the Cleveland Municipal School District under sections	128804
3313.974 to 3313.979 of the Revised Code. Notwithstanding	128805
divisions (B) and (C) of section 3313.978 and division (C) of	128806
section 3313.979 of the Revised Code, up to $1,000,000 in each	128807
fiscal year of this amount shall be used by the Cleveland	128808
Municipal School District to provide tutorial assistance as	128809
provided in division (H) of section 3313.974 of the Revised Code.	128810
The Cleveland Municipal School District shall report the use of	128811
these funds in the district's three-year continuous improvement	128812
plan as described in section 3302.04 of the Revised Code in a	128813
manner approved by the Department of Education.	128814

Of the foregoing appropriation item 200550, Foundation	128815
Funding, up to $2,000,000 in each fiscal year shall be used to pay	128816
college-preparatory boarding schools the per pupil boarding amount	128817
pursuant to section 3328.34 of the Revised Code.	128818

Of the foregoing appropriation item 200550, Foundation	128819
Funding, up to $500,000 in each fiscal year shall be used to	128820
support Jobs for Ohio's Graduates.	128821

Of the foregoing appropriation item 200550, Foundation	128822
Funding, up to $250,000 in fiscal year 2015 may be used for	128823
payment of the Post-Secondary Enrollment Options Program for	128824
students instructed at home pursuant to section 3321.04 of the	128825
Revised Code.	128826

Of the foregoing appropriation item 200550, Foundation	128827
Funding, an amount shall be available in each fiscal year to be	128828
paid to joint vocational school districts in accordance with	128829
division (A) of section 3317.16 of the Revised Code and the	128830
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR JOINT	128831
VOCATIONAL SCHOOL DISTRICTS."	128832

Of the foregoing appropriation item 200550, Foundation	128833
Funding, up to $700,000 in each fiscal year shall be used by the	128834
Department of Education for a program to pay for educational	128835
services for youth who have been assigned by a juvenile court or	128836
other authorized agency to any of the facilities described in	128837
division (A) of the section of this act entitled "PRIVATE	128838
TREATMENT FACILITY PROJECT."	128839

The remainder of appropriation item 200550, Foundation	128840
Funding, shall be used to distribute the amounts calculated for	128841
formula aid under section 3317.022 of the Revised Code and the	128842
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR CITY,	128843
LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS."	128844

Appropriation items 200502, Pupil Transportation, 200540,	128845
Special Education Enhancements, and 200550, Foundation Funding,	128846
other than specific set-asides, are collectively used in each	128847
fiscal year to pay state formula aid obligations for school	128848
districts, community schools, STEM schools, college preparatory	128849
boarding schools, and joint vocational school districts under this	128850
act. The first priority of these appropriation items, with the	128851
exception of specific set-asides, is to fund state formula aid	128852
obligations. It may be necessary to reallocate funds among these	128853
appropriation items or use excess funds from other general revenue	128854
fund appropriation items in the Department of Education's budget	128855
in each fiscal year, in order to meet state formula aid	128856
obligations. If it is determined that it is necessary to transfer	128857
funds among these appropriation items or to transfer funds from	128858
other General Revenue Fund appropriations in the Department of	128859
Education's budget to meet state formula aid obligations, the	128860
Department of Education shall seek approval from the Controlling	128861
Board to transfer funds as needed.	128862

The Superintendent of Public Instruction shall make payments,	128863
transfers, and deductions, as authorized by Title XXXIII of the	128864
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	128865
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	128866
amounts substantially equal to those made in the prior year, or	128867
otherwise, at the discretion of the Superintendent, until at least	128868
the effective date of the amendments and enactments made to Title	128869
XXXIII by this act. If a new school district, community school, or	128870
STEM school opens prior to the effective date of this act, the	128871
Department of Education shall pay to the district or school an	128872
amount of $5,000 per pupil, based upon the estimated number of	128873
students that the district or school is expected to serve. Any	128874
funds paid to districts or schools under this section shall be	128875
credited toward the annual funds calculated for the district or	128876
school after the changes made to Title XXXIII in this act are	128877
effective. Upon the effective date of changes made to Title XXXIII	128878
in this act, funds shall be calculated as an annual amount.	128879

Section 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL,	128880
AND EXEMPTED VILLAGE SCHOOL DISTRICTS	128881

The Department of Education shall distribute funds within	128882
appropriation item 200550, Foundation Funding, for temporary	128883
transitional aid in each fiscal year to each qualifying city,	128884
local, and exempted village school district.	128885

(A) For fiscal years 2014 and 2015, the Department shall pay	128886
temporary transitional aid to each city, local, or exempted	128887
village school district that experiences any decrease in its state	128888
foundation funding for the current fiscal year from its	128889
transitional aid guarantee base. The amount of the temporary	128890
transitional aid payment shall equal the difference between its	128891
foundation funding for the current fiscal year and its	128892
transitional aid guarantee base. If the computation made under	128893
this division results in a negative number, the district's funding	128894
under this division shall be zero.	128895

(1) As used in this section, foundation funding for each	128896
city, local, and exempted village school district for a given	128897
fiscal year equals the sum of the amount calculated for the	128898
district under section 3317.022 of the Revised Code, as re-enacted	128899
by this act, and the amounts calculated for the district under	128900
divisions (G)(1) and (2) of section 3317.0212 of the Revised Code,	128901
as amended by this act, for that fiscal year.	128902

(2) The transitional aid guarantee base for each city, local,	128903
and exempted village school district equals the sum of the amounts	128904
computed for the district for fiscal year 2013, under Sections	128905
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	128906
129th General Assembly.	128907

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	128908
as re-enacted by this act, in fiscal year 2014, no city, local, or	128909
exempted village school district shall be allocated foundation	128910
funding that is greater than 1.06 times the district's	128911
transitional aid guarantee base.	128912

(2) Notwithstanding section 3317.022 of the Revised Code, as	128913
re-enacted by this act, in fiscal year 2015, no city, local, or	128914
exempted village school district shall be allocated foundation	128915
funding that is greater than 1.06 times the amount computed for	128916
foundation funding for the district for fiscal year 2014 plus any	128917
amount calculated for temporary transitional aid for fiscal year	128918
2014 under division (A) of this section and after any reductions	128919
made for fiscal year 2014 under division (B)(1) of this section.	128920

(3) The Department shall reduce a district's payments under	128921
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	128922
of the Revised Code, as re-enacted by this act, and divisions	128923
(G)(1) and (2) of section 3317.0212 of the Revised Code, as	128924
amended by this act, proportionately as necessary in order to	128925
comply with this division. If those amounts are insufficient, the	128926
Department shall proportionately reduce a district's payments	128927
under divisions (A)(3), (8), and (9) of section 3317.022 of the	128928
Revised Code, as re-enacted by this act.	128929

Section 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	128930
VOCATIONAL SCHOOL DISTRICTS	128931

The Department of Education shall distribute funds within	128932
appropriation item 200550, Foundation Funding, for temporary	128933
transitional aid in each fiscal year to each qualifying joint	128934
vocational school district.	128935

(A) For fiscal years 2014 and 2015, the Department shall pay	128936
temporary transitional aid to each joint vocational school	128937
district that experiences any decrease in its state core	128938
foundation funding under division (A) of section 3317.16 of the	128939
Revised Code, as re-enacted by this act, for the current fiscal	128940
year from its transitional aid guarantee base. The amount of the	128941
temporary transitional aid payment shall equal the difference	128942
between the district's funding under division (A) of section	128943
3317.16 of the Revised Code for the current fiscal year and its	128944
transitional aid guarantee base. If the computation made under	128945
this division results in a negative number, the district's funding	128946
under this division shall be zero.	128947

The transitional aid guarantee base for each joint vocational	128948
school district equals the amount computed for the district for	128949
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	128950
the 129th General Assembly.	128951

(B)(1) Notwithstanding division (A) of section 3317.16 of the	128952
Revised Code, as re-enacted by this act, in fiscal year 2014, no	128953
joint vocational school district shall be allocated state core	128954
foundation funding, as computed under division (A) of section	128955
3317.16 of the Revised Code, as re-enacted by this act, that is	128956
greater than 1.06 times the district's transitional aid guarantee	128957
base.	128958

(2) Notwithstanding division (A) of section 3317.16 of the	128959
Revised Code, as re-enacted by this act, in fiscal year 2015, no	128960
joint vocational school district shall be allocated state core	128961
foundation funding, under division (A) of section 3317.16 of the	128962
Revised Code, as re-enacted by this act, that is greater than 1.06	128963
times the amount computed for state core foundation funding for	128964
the district for fiscal year 2014 under division (A) of section	128965
3317.16 of the Revised Code, as re-enacted by this act, plus any	128966
amount calculated for temporary transitional aid for fiscal year	128967
2014 under division (A) of this section and after any reductions	128968
made for fiscal year 2014 under division (B)(1) of this section.	128969

(3) The Department shall reduce a district's payments under	128970
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	128971
Code, as re-enacted by this act, proportionately as necessary in	128972
order to comply with this division. If those amounts are	128973
insufficient, the Department shall proportionately reduce a	128974
district's payments under divisions (A)(2), (5), and (6) of	128975
section 3317.16 of the Revised Code, as re-enacted by this act.	128976

Section 263.260. PROPERTY TAX ALLOCATION - EDUCATION

128977

The Superintendent of Public Instruction shall not request,	128978
and the Controlling Board shall not approve, the transfer of	128979
appropriation from appropriation item 200901, Property Tax	128980
Allocation - Education, to any other appropriation item.	128981

The appropriation item 200901, Property Tax Allocation -	128982
Education, is appropriated to pay for the state's costs incurred	128983
because of the homestead exemption, the property tax rollback, and	128984
payments required under division (C) of section 5705.2110 of the	128985
Revised Code. In cooperation with the Department of Taxation, the	128986
Department of Education shall distribute these funds directly to	128987
the appropriate school districts of the state, notwithstanding	128988
sections 321.24 and 323.156 of the Revised Code, which provide for	128989
payment of the homestead exemption and property tax rollback by	128990
the Tax Commissioner to the appropriate county treasurer and the	128991
subsequent redistribution of these funds to the appropriate local	128992
taxing districts by the county auditor.	128993

Upon receipt of these amounts, each school district shall	128994
distribute the amount among the proper funds as if it had been	128995
paid as real or tangible personal property taxes. Payments for the	128996
costs of administration shall continue to be paid to the county	128997
treasurer and county auditor as provided for in sections 319.54,	128998
321.26, and 323.156 of the Revised Code.	128999

Any sums, in addition to the amount specifically appropriated	129000
in appropriation items 200901, Property Tax Allocation -	129001
Education, for the homestead exemption and the property tax	129002
rollback payments, and payments required under division (C) of	129003
section 5705.2110 of the Revised Code, which are determined to be	129004
necessary for these purposes, are hereby appropriated.	129005

Section 263.270. TEACHER CERTIFICATION AND LICENSURE

129006

The foregoing appropriation item 200681, Teacher	129007
Certification and Licensure, shall be used by the Department of	129008
Education in each year of the biennium to administer and support	129009
teacher certification and licensure activities.	129010

SCHOOL DISTRICT SOLVENCY ASSISTANCE

129011

(A) Of the foregoing appropriation item 200687, School	129012
District Solvency Assistance, $20,000,000 in each fiscal year	129013
shall be allocated to the School District Shared Resource Account	129014
and $5,000,000 in each fiscal year shall be allocated to the	129015
Catastrophic Expenditures Account. These funds shall be used to	129016
provide assistance and grants to school districts to enable them	129017
to remain solvent under section 3316.20 of the Revised Code.	129018
Assistance and grants shall be subject to approval by the	129019
Controlling Board. Except as provided under division (C) of this	129020
section, any required reimbursements from school districts for	129021
solvency assistance shall be made to the appropriate account in	129022
the School District Solvency Assistance Fund (Fund 5H30).	129023

(B) Notwithstanding any provision of law to the contrary,	129024
upon the request of the Superintendent of Public Instruction, the	129025
Director of Budget and Management may make transfers to the School	129026
District Solvency Assistance Fund (Fund 5H30) from any fund used	129027
by the Department of Education or the General Revenue Fund to	129028
maintain sufficient cash balances in Fund 5H30 in fiscal years	129029
2014 and 2015. Any cash transferred is hereby appropriated. The	129030
transferred cash may be used by the Department of Education to	129031
provide assistance and grants to school districts to enable them	129032
to remain solvent and to pay unforeseeable expenses of a temporary	129033
or emergency nature that the school district is unable to pay from	129034
existing resources. The Director of Budget and Management shall	129035
notify the members of the Controlling Board of any such transfers.	129036

(C) If the cash balance of the School District Solvency	129037
Assistance Fund (Fund 5H30) is insufficient to pay solvency	129038
assistance in fiscal years 2014 and 2015, at the request of the	129039
Superintendent of Public Instruction, and with the approval of the	129040
Controlling Board, the Director of Budget and Management may	129041
transfer cash from the Lottery Profits Education Reserve Fund	129042
(Fund 7018) to Fund 5H30 to provide assistance and grants to	129043
school districts to enable them to remain solvent and to pay	129044
unforeseeable expenses of a temporary nature that they are unable	129045
to pay from existing resources under section 3316.20 of the	129046
Revised Code. Such transfers are hereby appropriated to	129047
appropriation item 200670, School District Solvency Assistance –	129048
Lottery. Any required reimbursements from school districts for	129049
solvency assistance granted from appropriation item 200670, School	129050
District Solvency Assistance – Lottery, shall be made to Fund	129051
7018.	129052

Section 263.280. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

129053

Upon the request of the Superintendent of Public Instruction,	129054
the Director of Budget and Management may transfer up to $750,000	129055
cash in each fiscal year from the General Revenue Fund to the	129056
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	129057
transferred cash is to be used by the Department of Education to	129058
pay the expenses the Department incurs in administering the	129059
Medicaid School Component of the Medicaid program established	129060
under sections 5162.36 to 5162.364 of the Revised Code. On June 1	129061
of each fiscal year, or as soon as possible thereafter, the	129062
Director of Budget and Management shall transfer cash from Fund	129063
3AF0 back to the General Revenue Fund in an amount equal to the	129064
total amount transferred to Fund 3AF0 in that fiscal year.	129065

The money deposited into Fund 3AF0 under division (B) of	129066
section 5162.64 of the Revised Code is hereby appropriated for	129067
fiscal years 2014 and 2015 and shall be used in accordance with	129068
division (C) of section 5162.64 of the Revised Code.	129069

Section 263.290. HALF-MILL MAINTENANCE EQUALIZATION

129070

The foregoing appropriation item 200626, Half-Mill	129071
Maintenance Equalization, shall be used to make payments pursuant	129072
to section 3318.18 of the Revised Code.	129073

Section 263.300. GATES FOUNDATION GRANTS

129074

The foregoing appropriation item 200668, Gates Foundation	129075
Grants, shall be used by the Department of Education to provide	129076
professional development to school district principals,	129077
superintendents, and other administrative staff on the use of	129078
education technology.	129079

Section 263.310. AUXILIARY SERVICES REIMBURSEMENT

129080

Notwithstanding section 3317.064 of the Revised Code, if the	129081
unexpended, unencumbered cash balance is sufficient, the Treasurer	129082
of State shall transfer $1,500,000 in fiscal year 2014 within	129083
thirty days after the effective date of this section, and	129084
$1,500,000 in fiscal year 2015 by August 1, 2014, from the	129085
Auxiliary Services Personnel Unemployment Compensation Fund to the	129086
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	129087
Department of Education.	129088

Section 263.320. LOTTERY PROFITS EDUCATION FUND

129089

Appropriation item 200612, Foundation Funding (Fund 7017),	129090
shall be used in conjunction with appropriation item 200550,	129091
Foundation Funding (GRF), to provide state foundation payments to	129092
school districts.	129093

The Department of Education, with the approval of the	129094
Director of Budget and Management, shall determine the monthly	129095
distribution schedules of appropriation item 200550, Foundation	129096
Funding (GRF), and appropriation item 200612, Foundation Funding	129097
(Fund 7017). If adjustments to the monthly distribution schedule	129098
are necessary, the Department of Education shall make such	129099
adjustments with the approval of the Director of Budget and	129100
Management.	129101

STRAIGHT A FUND

129102

Of the foregoing appropriation item, 200648, Straight A Fund,	129103
up to $375,000 in each fiscal year shall be used to provide	129104
scholarships to parents of high needs children enrolled in the Get	129105
Ready for Kindergarten pilot program. These scholarships shall be	129106
administered as provided under the section of this act entitled	129107
"GET READY FOR KINDERGARTEN."	129108

Of the foregoing appropriation item 200648, Straight A Fund,	129109
up to $500,000 in fiscal year 2014 and up to $3,000,000 in fiscal	129110
year 2015 shall be used for the New Leaders for Ohio Schools Pilot	129111
Project in accordance with Section 733.40 of this act.	129112

The remainder of appropriation item 200648, Straight A Fund,	129113
shall be used to make competitive grants in accordance with	129114
Section 263.325 of this act.	129115

EDCHOICE EXPANSION

129116

The foregoing appropriation item 200666, EdChoice Expansion,	129117
shall be used as follows:	129118

(A) In fiscal year 2014, notwithstanding section 3310.032 of	129119
the Revised Code, the Department of Education shall administer an	129120
expansion of the Educational Choice Scholarship program as	129121
follows:	129122

(1) A student is an "eligible student" for purposes of the	129123
expansion of the Educational Choice Scholarship Pilot Program	129124
under division (A) of this section if the student's resident	129125
district is not a school district in which the pilot project	129126
scholarship program is operating under sections 3313.974 to	129127
3313.979 of the Revised Code and the student's family income is at	129128
or below two hundred per cent of the federal poverty guidelines,	129129
as defined in section 5101.46 of the Revised Code.	129130

(2) The Department shall pay scholarships to attend chartered	129131
nonpublic schools in accordance with section 3310.08 of the	129132
Revised Code. The number of scholarships awarded under division	129133
(A) of this section shall not exceed the number that can be funded	129134
with appropriations made by the general assembly for this purpose.	129135

(3) Scholarships under division (A) of this section shall be	129136
awarded for the 2013-2014 school year, to eligible students who	129137
are entering kindergarten in that school year for the first time.	129138

(4) If the number of eligible students who apply for a	129139
scholarship exceeds the scholarships available based on the	129140
appropriation for division (A) of this section, the department	129141
shall award scholarships in the following order of priority:	129142

(a) First, to eligible students with family incomes at or	129143
below one hundred per cent of the federal poverty guidelines.	129144

(b) Second, to other eligible students who qualify under	129145
division (A) of this section. If the number of students described	129146
in division (A)(4)(b) of this section exceeds the number of	129147
available scholarships after awards are made under division	129148
(A)(4)(a) of this section, the department shall select students	129149
described in division (A)(4)(b) of this section by lot to receive	129150
any remaining scholarships.	129151

(5) A student who receives a scholarship under division (A)	129152
of this section remains an eligible student and may continue to	129153
receive scholarships under section 3310.032 of the Revised Code in	129154
subsequent school years until the student completes grade twelve,	129155
so long as the student satisfies the conditions specified in	129156
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	129157

Once a scholarship is awarded under this section, the student	129158
shall remain eligible for that scholarship for the current and	129159
subsequent school years, even if the student's family income rises	129160
above the amount specified in division (A) of section 3310.032 of	129161
the Revised Code, provided the student remains enrolled in a	129162
chartered nonpublic school.	129163

(B) In fiscal year 2015, to provide for the scholarships	129164
awarded under the expansion of the educational choice program	129165
established under section 3310.032 of the Revised Code. The number	129166
of scholarships awarded under the expansion of the educational	129167
choice program shall not exceed the number that can be funded with	129168
the appropriations made by the General Assembly for this purpose.	129169

COMMUNITY SCHOOL FACILITIES

129170

The foregoing appropriation item 200684, Community School	129171
Facilities, shall be used to pay each community school established	129172
under Chapter 3314. of the Revised Code that is not an internet-	129173
or computer-based community school an amount equal to $100 for	129174
each full-time equivalent pupil for assistance with the cost	129175
associated with facilities. If the amount appropriated is not	129176
sufficient, the Department of Education shall prorate the amounts	129177
so that the aggregate amount appropriated is not exceeded.	129178

Section 263.323. GET READY FOR KINDERGARTEN

129179

(A) A preschool is an "eligible preschool" for the purposes	129180
of this section if the preschool has a quality rating in the top	129181
two tiers of the tiered rating improvement system developed under	129182
division (C)(3)(d) of section 5104.30 of the Revised Code.	129183

(B) The Department of Education shall provide scholarships to	129184
parents of high needs children to enroll in eligible preschools as	129185
defined in division (A) of this section.	129186

(C) Scholarships under this section shall be awarded to	129187
students who are at least age three but are not of compulsory	129188
school age, as defined in section 3321.01 of the Revised Code, and	129189
who are not currently enrolled in kindergarten. Students who	129190
receive scholarships under this section shall enroll in eligible	129191
preschools between July 1, 2013, and December 31, 2013.	129192

Section 263.325. (A) The Straight A Program is hereby created	129193
for fiscal years 2014 and 2015 to provide grants to city, local,	129194
exempted village, and joint vocational school districts,	129195
educational service centers, community schools established under	129196
Chapter 3314., STEM schools established under Chapter 3326.,	129197
college-preparatory boarding schools established under Chapter	129198
3328. of the Revised Code, individual school buildings, and	129199
education consortia (which may represent a partnership among	129200
school districts, school buildings, community schools, or STEM	129201
schools to partner with institutions of higher education and	129202
private entities) for projects that aim to achieve at least the	129203
following goals:	129204

(1) Increased student achievement and progress;

129205

(2) Improved productivity;

129206

(3) Sustainable cost reduction of operations.

129207

(B)(1) Grants shall be awarded by an eight-member governing	129208
board consisting of the Superintendent of Public Instruction, or	129209
the Superintendent's designee, three members appointed by the	129210
Governor, two members appointed by the Speaker of the House of	129211
Representatives, and two members appointed by the President of the	129212
Senate. The Department of Education shall provide administrative	129213
support to the board. No member shall be compensated for the	129214
member's service on the board.	129215

(2) The board may establish an advisory council consisting of	129216
grant advisors with fiscal expertise and education expertise.	129217
These advisors shall evaluate proposals from grant applicants,	129218
consult with the governing board regarding strategic planning, and	129219
advise the staff administering the program. No advisor shall be	129220
compensated for this service.	129221

(3) The board shall issue an annual report to the Governor,	129222
the Speaker of the House of Representatives, the President of the	129223
Senate, and the chairpersons of the House and Senate committees	129224
that primarily deal with education regarding the types of grants	129225
awarded, the grant recipients, and the effectiveness of the grant	129226
program.	129227

(4) The board shall create a grant application and publish on	129228
the Department's web site the application and timeline for the	129229
submission, review, notification, and awarding of grant proposals.	129230

(5) With the approval of the board, the Department shall	129231
establish a system for evaluating and scoring the grant	129232
applications received under this section. The system shall give	129233
priority to applicants whose goals demonstrate particular attempts	129234
in achieving the following:	129235

(a) Cost reduction in the delivery of services;

129236

(b) Progress in improving literacy in grades kindergarten to	129237
three;	129238

(c) Achievement and progress for each subgroup of students	129239
specified under division (A) of section 3317.40 of the Revised	129240
Code;	129241

(d) Improving the performance measures included in the	129242
Prepared for Success components specified under division (B)(2) of	129243
section 3302.03 of the Revised Code;	129244

(e) Utilizing programs recognized as innovative under the	129245
federal Race to the Top program.	129246

(C) Each grant applicant shall submit a proposal that	129247
includes all of the following:	129248

(1) A description of the project for which the applicant is	129249
seeking a grant, including a description of how the project will	129250
have substantial value and lasting impact;	129251

(2) An explanation of how the project will be	129252
self-sustaining. If the project will result in increased ongoing	129253
spending, the applicant shall show how the spending will be offset	129254
by verifiable, credible, permanent spending reductions.	129255

(3) A description of quantifiable results of the project that	129256
can be benchmarked.	129257

If an education consortia described in division (A) of this	129258
section applies for a grant, the lead applicant shall be the	129259
school district, school building, community school, or STEM school	129260
that is a member of the consortia and shall so indicate on the	129261
grant application.	129262

(D)(1) Within seventy-five days after receiving a grant	129263
application, the board shall issue a decision on the application	129264
of "yes," "no," "hold," or "edit." In making its decision, the	129265
board shall consider whether the project has the capability of	129266
being replicated in other school districts and schools or creates	129267
something that can be used in other districts and schools. A grant	129268
awarded under this section to a school district, educational	129269
service center, community school, STEM school, college-preparatory	129270
boarding school, or individual school building shall not exceed	129271
$500,000. A grant awarded to an education consortia shall not	129272
exceed $1,000,000.	129273

(2) If the board issues a "hold" or "edit" decision for an	129274
application, it shall, upon returning the application to the	129275
applicant, specify the process for reconsideration of the	129276
application. An applicant may work with the grant advisors and	129277
staff to modify or improve a grant application.	129278

(E) Upon deciding to award a grant to an applicant, the board	129279
shall enter into a grant agreement with the applicant that	129280
includes all of the following:	129281

(1) The content of the applicant's proposal as outlined under	129282
division (C) of this section;	129283

(2) The project's deliverables and a timetable for their	129284
completion;	129285

(3) Conditions for receiving grant funding;

129286

(4) Conditions for receiving funding in future years if the	129287
contract is a multi-year contract;	129288

(5) A provision specifying that funding will be returned to	129289
the board if the applicant fails to implement the agreement, as	129290
determined by the Auditor of State.	129291

(6) A provision specifying that the agreement may be amended	129292
by mutual agreement between the board and the applicant.	129293

(F) Each grant awarded under this section shall be subject to	129294
approval by the Controlling Board prior to execution of the grant	129295
agreement.	129296

Section 263.330. LOTTERY PROFITS EDUCATION RESERVE FUND

129297

(A) There is hereby created the Lottery Profits Education	129298
Reserve Fund (Fund 7018) in the State Treasury. Investment	129299
earnings of the Lottery Profits Education Reserve Fund shall be	129300
credited to the fund.	129301

(B) Notwithstanding any other provision of law to the	129302
contrary, the Director of Budget and Management may transfer cash	129303
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	129304
in fiscal year 2014 and fiscal year 2015.	129305

(C) On July 15, 2013, or as soon as possible thereafter, the	129306
Director of the Ohio Lottery Commission shall certify to the	129307
Director of Budget and Management the amount by which lottery	129308
profit transfers received by Fund 7017 exceeded $680,500,000 in	129309
fiscal year 2013.	129310

(D) On July 15, 2014, or as soon as possible thereafter, the	129311
Director of the Ohio Lottery Commission shall certify to the	129312
Director of Budget and Management the amount by which lottery	129313
profit transfers received by Fund 7017 exceeded $841,000,000 in	129314
fiscal year 2014.	129315

(E) Notwithstanding any provision of law to the contrary, in	129316
fiscal year 2014 and fiscal year 2015, the Director of Budget and	129317
Management may transfer cash in excess of the amounts necessary to	129318
support appropriations in Fund 7017 from that fund to Fund 7018.	129319

Section 263.340. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	129320
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	129321

Notwithstanding any provision of law to the contrary, in	129322
fiscal year 2014 and fiscal year 2015 the Director of Budget and	129323
Management may make temporary transfers between the General	129324
Revenue Fund and the School District Property Tax Replacement –	129325
Business Fund (Fund 7047), used by the Department of Education, to	129326
ensure sufficient balances in Fund 7047 and to replenish the	129327
General Revenue Fund for such transfers.	129328

Section 263.350. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	129329
BUSINESS	129330

The foregoing appropriation item 200909, School District	129331
Property Tax Replacement – Business, shall be used by the	129332
Department of Education, in consultation with the Department of	129333
Taxation, to make payments to school districts and joint	129334
vocational school districts under section 5751.21 of the Revised	129335
Code. If it is determined by the Director of Budget and Management	129336
that additional appropriations are necessary for this purpose,	129337
such amounts are hereby appropriated.	129338

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

129339

The foregoing appropriation item 200900, School District	129340
Property Tax Replacement-Utility, shall be used by the Department	129341
of Education, in consultation with the Department of Taxation, to	129342
make payments to school districts and joint vocational school	129343
districts under section 5727.85 of the Revised Code. If it is	129344
determined by the Director of Budget and Management that	129345
additional appropriations are necessary for this purpose, such	129346
amounts are hereby appropriated.	129347

DISTRIBUTION FORMULAS

129348

The Department of Education shall report the following to the	129349
Director of Budget and Management and the Legislative Service	129350
Commission:	129351

(A) Changes in formulas for distributing state	129352
appropriations, including administratively defined formula	129353
factors;	129354

(B) Discretionary changes in formulas for distributing	129355
federal appropriations;	129356

(C) Federally mandated changes in formulas for distributing	129357
federal appropriations.	129358

Any such changes shall be reported two weeks prior to the	129359
effective date of the change.	129360

Section 263.360. EDUCATIONAL SERVICE CENTERS FUNDING

129361

In fiscal year 2014, the Department of Education shall pay	129362
the governing board of each primary educational service center	129363
state funds equal to thirty-seven dollars times its student count,	129364
as calculated under division (G)(2) of section 3313.843 of the	129365
Revised Code.	129366

In fiscal year 2015, the Department of Education shall pay	129367
the governing board of each primary educational service center	129368
state funds equal to thirty-five dollars times its student count,	129369
as calculated under division (G)(2) of section 3313.843 of the	129370
Revised Code.	129371

If the amount earmarked for the state reimbursement of	129372
educational service centers in appropriation item 200550,	129373
Foundation Funding, is not sufficient, the Department of Education	129374
shall prorate the payment amounts so that the appropriation is not	129375
exceeded.	129376

Notwithstanding any provision of law to the contrary, the	129377
Department of Education shall modify the payments under this	129378
section as follows:	129379

(A) If an educational service center ceases operation, the	129380
Department shall redistribute that center's funding, as calculated	129381
under this section, to the remaining centers in proportion to each	129382
center's service center ADM as defined in former section 3317.11	129383
of the Revised Code, as that section existed prior to the date of	129384
its repeal.	129385

(B) If two or more educational service centers merge	129386
operations to create a single service center, the Department shall	129387
distribute the sum of the original service centers' funding, as	129388
calculated under this section, to the new service center.	129389

Section 263.370. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	129390
ASSESSMENT OF EDUCATION PROGRESS	129391

The General Assembly intends for the Superintendent of Public	129392
Instruction to provide for school district participation in the	129393
administration of the National Assessment of Education Progress in	129394
accordance with section 3301.27 of the Revised Code. Each school	129395
and school district selected for participation by the	129396
Superintendent of Public Instruction shall participate.	129397

Section 263.373. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	129398
STUDENTS	129399

(A) As used in this section:

129400

(1) "IEP" has the same meaning as in section 3323.01 of the	129401
Revised Code.	129402

(2) "SBH student" means a student receiving special education	129403
and related services for severe behavior disabilities pursuant to	129404
an IEP.	129405

(B) This section applies only to a community school	129406
established under Chapter 3314. of the Revised Code that in each	129407
of fiscal years 2014 and 2015 enrolls a number of SBH students	129408
equal to at least fifty per cent of the total number of students	129409
enrolled in the school in the applicable fiscal year.	129410

(C) In addition to any state foundation payments made, in	129411
each of fiscal years 2014 and 2015, the Department of Education	129412
shall pay to a community school to which this section applies a	129413
subsidy equal to the difference between the aggregate amount	129414
calculated and paid in that fiscal year to the community school	129415
for special education and related services additional weighted	129416
costs for the SBH students enrolled in the school and the	129417
aggregate amount that would have been calculated for the school	129418
for special education and related services additional weighted	129419
costs for those same students in fiscal year 2001. If the	129420
difference is a negative number, the amount of the subsidy shall	129421
be zero.	129422

(D) The amount of any subsidy paid to a community school	129423
under this section shall not be deducted from the school district	129424
in which any of the students enrolled in the community school are	129425
entitled to attend school under section 3313.64 or 3313.65 of the	129426
Revised Code. The amount of any subsidy paid to a community school	129427
under this section shall be paid from funds appropriated to the	129428
Department of Education in appropriation item 200550, Foundation	129429
Funding.	129430

Section 263.380. EARMARK ACCOUNTABILITY

129431

At the request of the Superintendent of Public Instruction,	129432
any entity that receives a budget earmark under the Department of	129433
Education shall submit annually to the chairpersons of the	129434
committees of the House of Representatives and the Senate	129435
primarily concerned with education and to the Department of	129436
Education a report that includes a description of the services	129437
supported by the funds, a description of the results achieved by	129438
those services, an analysis of the effectiveness of the program,	129439
and an opinion as to the program's applicability to other school	129440
districts. For an earmarked entity that received state funds from	129441
an earmark in the prior fiscal year, no funds shall be provided by	129442
the Department of Education to an earmarked entity for a fiscal	129443
year until its report for the prior fiscal year has been	129444
submitted.	129445

Section 263.390. COMMUNITY SCHOOL OPERATING FROM HOME

129446

A community school established under Chapter 3314. of the	129447
Revised Code that was open for operation as a community school as	129448
of May 1, 2005, may operate from or in any home, as defined in	129449
section 3313.64 of the Revised Code, located in the state,	129450
regardless of when the community school's operations from or in a	129451
particular home began.	129452

Section 263.400. USE OF VOLUNTEERS

129453

The Department of Education may utilize the services of	129454
volunteers to accomplish any of the purposes of the Department.	129455
The Superintendent of Public Instruction shall approve for what	129456
purposes volunteers may be used and for these purposes may	129457
recruit, train, and oversee the services of volunteers. The	129458
Superintendent may reimburse volunteers for necessary and	129459
appropriate expenses in accordance with state guidelines and may	129460
designate volunteers as state employees for the purpose of motor	129461
vehicle accident liability insurance under section 9.83 of the	129462
Revised Code, for immunity under section 9.86 of the Revised Code,	129463
and for indemnification from liability incurred in the performance	129464
of their duties under section 9.87 of the Revised Code.	129465

Section 263.410. RESTRICTION OF LIABILITY FOR CERTAIN	129466
REIMBURSEMENTS	129467

(A) Except as expressly required under a court judgment not	129468
subject to further appeals, or a settlement agreement with a	129469
school district executed on or before June 1, 2009, in the case of	129470
a school district for which the formula ADM for fiscal year 2005,	129471
as reported for that fiscal year under division (A) of section	129472
3317.03 of the Revised Code, was reduced based on enrollment	129473
reports for community schools, made under section 3314.08 of the	129474
Revised Code, regarding students entitled to attend school in the	129475
district, which reduction of formula ADM resulted in a reduction	129476
of foundation funding or transitional aid funding for fiscal year	129477
2005, 2006, or 2007, no school district, except a district named	129478
in the court's judgment or the settlement agreement, shall have a	129479
legal claim for reimbursement of the amount of such reduction in	129480
foundation funding or transitional aid funding, and the state	129481
shall not have liability for reimbursement of the amount of such	129482
reduction in foundation funding or transitional aid funding.	129483

(B) As used in this section:

129484

(1) "Community school" means a community school established	129485
under Chapter 3314. of the Revised Code.	129486

(2) "Entitled to attend school" means entitled to attend	129487
school in a school district under section 3313.64 or 3313.65 of	129488
the Revised Code.	129489

(3) "Foundation funding" means payments calculated for the	129490
respective fiscal year under Chapter 3317. of the Revised Code.	129491

(4) "Transitional aid funding" means payments calculated for	129492
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	129493
of the 125th General Assembly, as subsequently amended; Section	129494
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	129495
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	129496
of the 127th General Assembly.	129497

Section 263.420. UNAUDITABLE COMMUNITY SCHOOL

129498

(A) If the Auditor of State or a public accountant, pursuant	129499
to section 117.41 of the Revised Code, declares a community school	129500
established under Chapter 3314. of the Revised Code to be	129501
unauditable, the Auditor of State shall provide written	129502
notification of that declaration to the school, the school's	129503
sponsor, and the Department of Education. The Auditor of State	129504
also shall post the notification on the Auditor of State's web	129505
site.	129506

(B) Notwithstanding any provision to the contrary in Chapter	129507
3314. of the Revised Code or any other provision of law, a sponsor	129508
of a community school that is notified by the Auditor of State	129509
under division (A) of this section that a community school it	129510
sponsors is unauditable shall not enter into contracts with any	129511
additional community schools under section 3314.03 of the Revised	129512
Code until the Auditor of State or a public accountant has	129513
completed a financial audit of that school.	129514

(C) Not later than forty-five days after receiving	129515
notification by the Auditor of State under division (A) of this	129516
section that a community school is unauditable, the sponsor of the	129517
school shall provide a written response to the Auditor of State.	129518
The response shall include the following:	129519

(1) An overview of the process the sponsor will use to review	129520
and understand the circumstances that led to the community school	129521
becoming unauditable;	129522

(2) A plan for providing the Auditor of State with the	129523
documentation necessary to complete an audit of the community	129524
school and for ensuring that all financial documents are available	129525
in the future;	129526

(3) The actions the sponsor will take to ensure that the plan	129527
described in division (C)(2) of this section is implemented.	129528

(D) If a community school fails to make reasonable efforts	129529
and continuing progress to bring its accounts, records, files, or	129530
reports into an auditable condition within ninety days after being	129531
declared unauditable, the Auditor of State, in addition to	129532
requesting legal action under sections 117.41 and 117.42 of the	129533
Revised Code, shall notify the Department of the school's failure.	129534
If the Auditor of State or a public accountant subsequently is	129535
able to complete a financial audit of the school, the Auditor of	129536
State shall notify the Department that the audit has been	129537
completed.	129538

(E) Notwithstanding any provision to the contrary in Chapter	129539
3314. of the Revised Code or any other provision of law, upon	129540
notification by the Auditor of State under division (D) of this	129541
section that a community school has failed to make reasonable	129542
efforts and continuing progress to bring its accounts, records,	129543
files, or reports into an auditable condition following a	129544
declaration that the school is unauditable, the Department shall	129545
immediately cease all payments to the school under Chapter 3314.	129546
of the Revised Code and any other provision of law. Upon	129547
subsequent notification from the Auditor of State under that	129548
division that the Auditor of State or a public accountant was able	129549
to complete a financial audit of the community school, the	129550
Department shall release all funds withheld from the school under	129551
this section.	129552

Section 263.430. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

129553

In collaboration with the County Family and Children First	129554
Council, a city, local, or exempted village school district,	129555
community school, STEM school, joint vocational school district,	129556
educational service center, or county board of developmental	129557
disabilities that receives allocations from the Department of	129558
Education from appropriation item 200550, Foundation Funding, or	129559
appropriation item 200540, Special Education Enhancements, may	129560
transfer portions of those allocations to a flexible funding pool	129561
authorized by the Section of this act entitled "FAMILY AND	129562
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	129563
maintenance of effort or for federal or state funding matching	129564
requirements shall not be transferred unless the allocation may	129565
still be used to meet such requirements.	129566

Section 263.433. The Department of Education shall conduct a	129567
study to determine the appropriate amounts and methods of funding	129568
for each category and sub-category of students identified as	129569
gifted under Chapter 3324. of the Revised Code. Elements of the	129570
study shall include, but not be limited to, costs for effective	129571
and appropriate identification, staffing, professional	129572
development, technology, and materials and supplies at the	129573
district level. In addition, the Department shall determine the	129574
costs of statewide support needed for this population. Not later	129575
than March 31, 2014, the Department shall issue a report of its	129576
findings to the General Assembly in accordance with section 101.68	129577
of the Revised Code.	129578

Section 263.440. The Department of Education shall conduct a	129579
formative evaluation of the Jon Peterson Special Needs Scholarship	129580
Program established under sections 3310.51 to 3310.64 of the	129581
Revised Code and shall report its findings to the General	129582
Assembly, in accordance with section 101.68 of the Revised Code,	129583
not later than December 31, 2014.	129584

In conducting the evaluation, the Department shall to the	129585
extent possible gather comments from parents who have been awarded	129586
scholarships under the program, school district officials,	129587
representatives of registered private providers, educators, and	129588
representatives of educational organizations for inclusion in the	129589
report required under this section.	129590

Section 263.450. (A) The Ohio Open Enrollment Task Force is	129591
hereby established to review and make recommendations on open	129592
enrollment. The Superintendent of Public Instruction shall consult	129593
with the Governor's Office of 21st Century Education to convene a	129594
taskforce that consists of representatives from school districts	129595
that represent all sectors of Ohio's educational community.	129596

(B) The Superintendent shall designate the chairperson of the	129597
Task Force. All meetings of the Task Force shall be held at the	129598
call of the chairperson.	129599

(C) The Task Force shall review and make recommendations	129600
regarding the process by which students may enroll in other school	129601
districts under open enrollment and the funding mechanisms	129602
associated with open enrollment deductions and credits.	129603

(D) Not later than December 31, 2013, the Task Force shall	129604
issue a report of its findings and recommendations to the	129605
Governor, the President of the Senate, and the Speaker of the	129606
House of Representatives. Upon issuance of the report, the Task	129607
Force shall cease to exist.	129608

Section 263.463. (A) In order to implement the transportation	129609
subsidy prescribed by new section 3327.02 of the Revised Code, as	129610
enacted by this act, the Department of Education shall prescribe	129611
procedures and deadlines for parents or students to apply for that	129612
subsidy for the 2014-2015 school year. The application and notice	129613
procedures and deadlines prescribed by the Department shall allow	129614
sufficient time for school district boards of education to take	129615
the exercise of the parent's or student's option to receive the	129616
subsidy, in lieu of transportation, into account when planning	129617
transportation routes and schedules for the 2014-2015 school year.	129618

(B) The State Board of Education shall adopt rules under	129619
Chapter 119. of the Revised Code prescribing procedures necessary	129620
to implement this section and new section 3327.02 of the Revised	129621
Code, as enacted by this act.	129622

Section 263.470. (A) On July 1, 2013, or as soon as possible	129623
thereafter, notwithstanding any provision of law to the contrary,	129624
and if requested by the Department of Education, the Director of	129625
Budget and Management shall make budget changes made necessary by	129626
the transfer of the operations and related management functions of	129627
the eTech Ohio Commission to the Department of Education, if any,	129628
including administrative organization, program transfers, the	129629
creation of new funds, the transfer of state funds, and the	129630
consolidation of funds, as authorized by this section. The	129631
Director of Budget and Management may, if necessary, establish	129632
encumbrances or parts of encumbrances in the fiscal year 2014-2015	129633
biennium in the appropriate fund and appropriation item for the	129634
same purpose and for payment to the same vendor. The established	129635
encumbrances plus any additional amounts determined to be	129636
necessary for the Ohio Department of Education to perform the	129637
operations and related management functions of the eTech Ohio	129638
Commission are hereby appropriated.	129639

(B) Effective July 1, 2013, the Director of Budget and	129640
Management shall cancel any existing encumbrances against	129641
appropriation item 935607, Gates Foundation Grants, and	129642
re-establish them against appropriation item 200668, Gates	129643
Foundation Grants. The re-established encumbrance amounts are	129644
hereby appropriated. Any business commenced but not completed	129645
under appropriation item 935607 by July 1, 2013, shall be	129646
completed under appropriation item 200668 in the same manner and	129647
with the same effect as if it were completed with regard to	129648
appropriation item 935607.	129649

(C) Effective July 1, 2013, the Director of Budget and	129650
Management shall cancel existing encumbrances against	129651
appropriation item 935408, General Operations, and re-establish	129652
them, as determined to be appropriate by the Director of Budget	129653
and Management, against appropriation item 200464, General	129654
Technology Operations. The re-established encumbrance amounts are	129655
hereby appropriated. Any business commenced but not completed	129656
under appropriation item 935408 by July 1, 2013, shall be	129657
completed, as determined to be appropriate by the Director of	129658
Budget and Management, under appropriation item 200464 in the same	129659
manner and with the same effect as if it were completed with	129660
regard to appropriation item 935408.	129661

(D) Effective July 1, 2013, the Director of Budget and	129662
Management shall cancel existing encumbrances against	129663
appropriation item 935411, Technology Integration and Professional	129664
Development, and re-establish them, as determined to be	129665
appropriate by the Director of Budget and Management, against	129666
appropriation item 200465, Technology Integration and Professional	129667
Development. The re-established encumbrance amounts are hereby	129668
appropriated. Any business commenced but not completed under	129669
appropriation item 935411 by July 1, 2013, shall be completed, as	129670
determined to be appropriate by the Director of Budget and	129671
Management, under appropriation item 200465 in the same manner and	129672
with the same effect as if it were completed with regard to	129673
appropriation item 935411.	129674

(E) There is hereby created the Educational Technology	129675
Practice Office as a cross-functional office comprised of	129676
employees of the Ohio Board of Regents and the Department of	129677
Education, including former employees of the eTech Ohio Commission	129678
transferred to the Ohio Board of Regents and the Department of	129679
Education. The Office shall work with educational service centers	129680
and information technology centers to develop digital learning,	129681
blended learning, and professional development materials using	129682
shared infrastructure. The Office shall also evaluate new	129683
educational technology and methodologies of teaching and learning	129684
and work with educators to increase awareness of such new	129685
technology and methodologies shown to be helpful to Ohio students.	129686

Section 263.473. Notwithstanding section 3321.01 of the	129687
Revised Code, no student who has been admitted to and has	129688
successfully completed kindergarten in the 2012-2013 school year	129689
shall be required to repeat kindergarten based solely on the age	129690
of the student.	129691

Section 263.480. PRIVATE TREATMENT FACILITY PROJECT

129692

(A) As used in this section:

129693

(1) The following are "participating residential treatment	129694
centers":	129695

(a) Private residential treatment facilities that have	129696
entered into a contract with the Department of Youth Services to	129697
provide services to children placed at the facility by the	129698
Department and which, in fiscal year 2014 or fiscal year 2015 or	129699
both, the Department pays through appropriation item 470401,	129700
RECLAIM Ohio;	129701

(b) Abraxas, in Shelby;

129702

129703

(d) F.I.R.S.T., in Mansfield.

129704

(2) "Education program" means an elementary or secondary	129705
education program or a special education program and related	129706
services.	129707

(3) "Served child" means any child receiving an education	129708
program pursuant to division (B) of this section.	129709

(4) "School district responsible for tuition" means a city,	129710
exempted village, or local school district that, if tuition	129711
payment for a child by a school district is required under law	129712
that existed in fiscal year 1998, is the school district required	129713
to pay that tuition.	129714

(5) "Residential child" means a child who resides in a	129715
participating residential treatment center and who is receiving an	129716
educational program under division (B) of this section.	129717

(B) A youth who is a resident of the state and has been	129718
assigned by a juvenile court or other authorized agency to a	129719
residential treatment facility specified in division (A) of this	129720
section shall be enrolled in an approved educational program	129721
located in or near the facility. Approval of the educational	129722
program shall be contingent upon compliance with the criteria	129723
established for such programs by the Department of Education. The	129724
educational program shall be provided by a school district or	129725
educational service center, or by the residential facility itself.	129726
Maximum flexibility shall be given to the residential treatment	129727
facility to determine the provider. In the event that a voluntary	129728
agreement cannot be reached and the residential facility does not	129729
choose to provide the educational program, the educational service	129730
center in the county in which the facility is located shall	129731
provide the educational program at the treatment center to	129732
children under twenty-two years of age residing in the treatment	129733
center.	129734

(C) Any school district responsible for tuition for a	129735
residential child shall, notwithstanding any conflicting provision	129736
of the Revised Code regarding tuition payment, pay tuition for the	129737
child for fiscal year 2014 and fiscal year 2015 to the education	129738
program provider and in the amount specified in this division. If	129739
there is no school district responsible for tuition for a	129740
residential child and if the participating residential treatment	129741
center to which the child is assigned is located in the city,	129742
exempted village, or local school district that, if the child were	129743
not a resident of that treatment center, would be the school	129744
district where the child is entitled to attend school under	129745
sections 3313.64 and 3313.65 of the Revised Code, that school	129746
district, notwithstanding any conflicting provision of the Revised	129747
Code, shall pay tuition for the child for fiscal year 2014 and	129748
fiscal year 2015 under this division unless that school district	129749
is providing the educational program to the child under division	129750
(B) of this section.	129751

A tuition payment under this division shall be made to the	129752
school district, educational service center, or residential	129753
treatment facility providing the educational program to the child.	129754

The amount of tuition paid shall be:

129755

(1) The amount of tuition determined for the district under	129756
division (A) of section 3317.08 of the Revised Code;	129757

(2) In addition, for any student receiving special education	129758
pursuant to an individualized education program as defined in	129759
section 3323.01 of the Revised Code, a payment for excess costs.	129760
This payment shall equal the actual cost to the school district,	129761
educational service center, or residential treatment facility of	129762
providing special education and related services to the student	129763
pursuant to the student's individualized education program, minus	129764
the tuition paid for the child under division (C)(1) of this	129765
section.	129766

A school district paying tuition under this division shall	129767
not include the child for whom tuition is paid in the district's	129768
average daily membership certified under division (A) of section	129769
3317.03 of the Revised Code.	129770

(D) In each of fiscal years 2014 and 2015, the Department of	129771
Education shall reimburse, from appropriations made for the	129772
purpose, a school district, educational service center, or	129773
residential treatment facility, whichever is providing the	129774
service, that has demonstrated that it is in compliance with the	129775
funding criteria for each served child for whom a school district	129776
must pay tuition under division (C) of this section. The amount of	129777
the reimbursement shall be the amount appropriated for this	129778
purpose divided by the full-time equivalent number of children for	129779
whom reimbursement is to be made.	129780

(E) Funds provided to a school district, educational service	129781
center, or residential treatment facility under this section shall	129782
be used to supplement, not supplant, funds from other public	129783
sources for which the school district, service center, or	129784
residential treatment facility is entitled or eligible.	129785

(F) The Department of Education shall track the utilization	129786
of funds provided to school districts, educational service	129787
centers, and residential treatment facilities under this section	129788
and monitor the effect of the funding on the educational programs	129789
they provide in participating residential treatment facilities.	129790
The Department shall monitor the programs for educational	129791
accountability.	129792

Section 263.490. (A) The Superintendent of Public Instruction	129793
may establish an academic distress commission for any school	129794
district that is found by the Auditor of State to have knowingly	129795
manipulated student data with evidence of intent to deceive.	129796

Each commission established under this section shall assist	129797
the district for which it was established in improving the	129798
district's academic performance.	129799

Each commission is a body both corporate and politic,	129800
constituting an agency and instrumentality of the state and	129801
performing essential governmental functions of the state. A	129802
commission shall be known as the "academic distress commission for	129803
......... (name of school district)," and, in that name, may	129804
exercise all authority vested in such a commission by this	129805
section. A separate commission shall be established for each	129806
school district to which this section applies.	129807

(B) The academic distress commission shall consist of five	129808
voting members, three of whom shall be appointed by the	129809
Superintendent of Public Instruction and two of whom shall be	129810
residents of the applicable school district appointed by the mayor	129811
of the largest municipal corporation within the district. When a	129812
school district becomes subject to this section, the	129813
Superintendent of Public Instruction shall provide written	129814
notification of that fact to the mayor described in this division	129815
and shall request the mayor to submit to the Superintendent of	129816
Public Instruction, in writing, the names of the mayor's	129817
appointees to the commission. The Superintendent of Public	129818
Instruction and the mayor shall make appointments to the	129819
commission within thirty days after the district is notified that	129820
it is subject to this section.	129821

Members of the commission shall serve at the pleasure of	129822
their appointing authority during the life of the commission. In	129823
the event of the death, resignation, incapacity, removal, or	129824
ineligibility to serve of a member, the appointing authority shall	129825
appoint a successor within fifteen days after the vacancy occurs.	129826
Members shall serve without compensation, but shall be paid by the	129827
commission their necessary and actual expenses incurred while	129828
engaged in the business of the commission.	129829

(C) An academic distress commission established under this	129830
section shall comply with the requirements of divisions (C) to (K)	129831
of section 3302.10 of the Revised Code.	129832

(D) An academic distress commission established under this	129833
section shall cease to exist based on rules adopted by the State	129834
Board of Education. Upon termination of the commission, the	129835
Department of Education shall compile a final report of the	129836
commission's activities to assist other academic distress	129837
commissions in the conduct of their functions.	129838

(E) Not later than ninety days after the effective date of	129839
this section, the State Board shall adopt rules for the	129840
dissolution of an academic distress commission established under	129841
this section.	129842

Section 265.10. ELC OHIO ELECTIONS COMMISSION

129843

General Revenue Fund	129844

GRF	051321		Operating Expenses		$	333,117		$	333,117		129845
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		129846

General Services Fund Group	129847

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	129848
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	129849
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	129850

Section 267.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	129852
DIRECTORS	129853

General Services Fund Group	129854

4K90	881609	Operating Expenses	$	737,000	$	741,000	129855
TOTAL GSF General Services							129856
Fund Group			$	737,000	$	741,000	129857
TOTAL ALL BUDGET FUND GROUPS			$	737,000	$	741,000	129858

Section 269.10. PAY EMPLOYEE BENEFITS FUNDS

129860

Accrued Leave Liability Fund Group	129861

8060	995666	Accrued Leave Fund	$	73,494,242	$	74,964,127	129862
8070	995667	Disability Fund	$	26,593,747	$	27,345,147	129863
TOTAL ALF Accrued Leave Liability							129864
Fund Group			$	100,087,989	$	102,309,274	129865

Agency Fund Group	129866

1240	995673	Payroll Deductions	$	775,712,468		$	814,498,091	129867
8080	995668	State Employee Health Benefit Fund	$	689,654,314		$	758,608,963	129868
8090	995669	Dependent Care Spending Account	$	2,967,711		$	3,116,097	129869
8100	995670	Life Insurance Investment Fund	$	2,143,053		$	2,143,053	129870
8110	995671	Parental Leave Benefit Fund	$	3,668,471		$	3,741,840	129871
8130	995672	Health Care Spending Account	$	8,033,020		$	8,434,671	129872
TOTAL AGY Agency Fund Group			$	1,482,179,037		$	1,590,542,715	129873
					129874

TOTAL ALL BUDGET FUND GROUPS

1,582,267,026

1,692,851,989

129875

ACCRUED LEAVE LIABILITY FUND

129876

The foregoing appropriation item 995666, Accrued Leave Fund,	129877
shall be used to make payments from the Accrued Leave Liability	129878
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	129879
If it is determined by the Director of Budget and Management that	129880
additional amounts are necessary, the amounts are hereby	129881
appropriated.	129882

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

129883

The foregoing appropriation item 995667, Disability Fund,	129884
shall be used to make payments from the State Employee Disability	129885
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	129886
Revised Code. If it is determined by the Director of Budget and	129887
Management that additional amounts are necessary, the amounts are	129888
hereby appropriated.	129889

PAYROLL DEDUCTION FUND

129890

The foregoing appropriation item 995673, Payroll Deductions,	129891
shall be used to make payments from the Payroll Deduction Fund	129892
(Fund 1240) pursuant to section 125.21 of the Revised Code. If it	129893
is determined by the Director of Budget and Management that	129894
additional appropriation amounts are necessary, the amounts are	129895
hereby appropriated.	129896

STATE EMPLOYEE HEALTH BENEFIT FUND

129897

The foregoing appropriation item 995668, State Employee	129898
Health Benefit Fund, shall be used to make payments from the State	129899
Employee Health Benefit Fund (Fund 8080) pursuant to section	129900
124.87 of the Revised Code. If it is determined by the Director of	129901
Budget and Management that additional amounts are necessary, the	129902
amounts are hereby appropriated.	129903

DEPENDENT CARE SPENDING FUND

129904

The foregoing appropriation item 995669, Dependent Care	129905
Spending Account, shall be used to make payments from the	129906
Dependent Care Spending Fund (Fund 8090) to employees eligible for	129907
dependent care expenses pursuant to section 124.822 of the Revised	129908
Code. If it is determined by the Director of Budget and Management	129909
that additional amounts are necessary, the amounts are hereby	129910
appropriated.	129911

LIFE INSURANCE INVESTMENT FUND

129912

The foregoing appropriation item 995670, Life Insurance	129913
Investment Fund, shall be used to make payments from the Life	129914
Insurance Investment Fund (Fund 8100) for the costs and expenses	129915
of the state's life insurance benefit program pursuant to section	129916
125.212 of the Revised Code. If it is determined by the Director	129917
of Budget and Management that additional amounts are necessary,	129918
the amounts are hereby appropriated.	129919

PARENTAL LEAVE BENEFIT FUND

129920

The foregoing appropriation item 995671, Parental Leave	129921
Benefit Fund, shall be used to make payments from the Parental	129922
Leave Benefit Fund (Fund 8110) to employees eligible for parental	129923
leave benefits pursuant to section 124.137 of the Revised Code. If	129924
it is determined by the Director of Budget and Management that	129925
additional amounts are necessary, the amounts are hereby	129926
appropriated.	129927

HEALTH CARE SPENDING ACCOUNT FUND

129928

The foregoing appropriation item 995672, Health Care Spending	129929
Account, shall be used to make payments from the Health Care	129930
Spending Account Fund (Fund 8130) for payments pursuant to state	129931
employees' participation in a flexible spending account for	129932
non-reimbursed health care expenses and section 124.821 of the	129933
Revised Code. If it is determined by the Director of	129934
Administrative Services that additional appropriation amounts are	129935
necessary, the Director of Administrative Services may request	129936
that the Director of Budget and Management increase such amounts.	129937
Such amounts are hereby appropriated.	129938

Section 269.20. CASH TRANSFERS FROM THE COST SAVINGS FUND

129939

On July 1, 2013, or as soon as possible thereafter, the	129940
Director of Budget and Management shall transfer $735,000 cash	129941
from the Cost Savings Fund (Fund 8140) to the Investment Recovery	129942
Fund (Fund 4270) used by the Department of Administrative	129943
Services, and up to $5,200,000 cash from the Cost Savings Fund	129944
(Fund 8140) to the Accrued Leave Fund (Fund 8060) in order to	129945
support accrued leave payouts to state employees who are	129946
participating in an annual leave conversion or who are separating	129947
from state service.	129948

Section 271.10. ERB STATE EMPLOYMENT RELATIONS BOARD

129949

General Revenue Fund	129950

GRF	125321		Operating Expenses		$	3,761,457		$	3,761,457		129951
TOTAL GRF General Revenue Fund					$	3,761,457		$	3,761,457		129952

General Services Fund Group	129953

5720	125603	Training and Publications	$	85,000	$	85,000	129954
TOTAL GSF General Services							129955
Fund Group			$	85,000	$	85,000	129956
TOTAL ALL BUDGET FUND GROUPS			$	3,846,457	$	3,846,457	129957

Section 273.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

129959

General Services Fund Group	129960

4K90	892609	Operating	$	996,938	$	993,889	129961
TOTAL GSF General Services							129962
Fund Group			$	996,938	$	993,889	129963
TOTAL ALL BUDGET FUND GROUPS			$	996,938	$	993,889	129964

Section 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

129966

General Revenue Fund	129967

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		129968
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		129969

General Services Fund Group	129970

1990	715602	Laboratory Services	$	252,153	$	326,029	129971
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	129972
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	129973
4D50	715618	Recycled State Materials	$	50,000	$	50,000	129974
TOTAL GSF General Services							129975
Fund Group			$	13,157,833	$	13,233,709	129976

Federal Special Revenue Fund Group	129977

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	129978
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	129979
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	129980
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	129981
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	129982
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	129983
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	129984
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	129985
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	10,000,000	129986
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	129987
3V70	715606	Agencywide Grants	$	600,000	$	600,000	129988
TOTAL FED Federal Special Revenue							129989
Fund Group			$	46,531,800	$	46,016,675	129990

State Special Revenue Fund Group	129991

4J00	715638	Underground Injection Control	$	389,126	$	402,697	129992
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	129993
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	129994
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	129995
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	129996
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	129997
4P50	715654	Cozart Landfill	$	100,000	$	100,000	129998
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	129999
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	130000
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	130001
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	130002
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	130003
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	130004
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	130005
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	130006
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	130007
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	130008
5420	715671	Risk Management Reporting	$	208,936	$	214,826	130009
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	130010
5BC0	715617	Clean Ohio	$	611,455	$	611,455	130011
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	130012
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	130013
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	130014
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	130015
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	130016
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	130017
5BC0	715678	Corrective Actions	$	705,423	$	705,423	130018
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	130019
5BC0	715692	Administration	$	10,582,627	$	10,582,627	130020
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	130021
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	130022
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	130023
5H40	715664	Groundwater Support	$	128,212	$	223,212	130024
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	130025
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	130026
6600	715629	Infectious Waste Management	$	88,764	$	88,764	130027
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	130028
6780	715635	Air Toxic Release	$	133,636	$	133,636	130029
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	130030
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	130031
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	130032
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	130033
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	130034

Clean Ohio Conservation Fund Group	130035

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	130036
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	130037
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	205,756,723	130038

AREAWIDE PLANNING AGENCIES

130039

The Director of Environmental Protection Agency may award	130040
grants from appropriation item 715687, Areawide Planning Agencies,	130041
to areawide planning agencies engaged in areawide water quality	130042
management and planning activities in accordance with Section 208	130043
of the "Federal Clean Water Act," 33 U.S.C. 1288.	130044

CASH TRANSFERS

130045

On July 1, 2013, or as soon as possible thereafter, the	130046
Director of Budget and Management may transfer up to $11,400,000	130047
cash from the Hazardous Waste Management Fund (Fund 5030) to the	130048
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	130049
corrective action programs that were transferred to the Division	130050
of Environmental Response and Revitalization.	130051

On July 1, 2013, or as soon as possible thereafter, the	130052
Director of Environmental Protection shall certify to the Director	130053
of Budget and Management the cash balance in the Dredge and Fill	130054
Fund (Fund 5N20). The Director of Budget and Management shall	130055
transfer the certified amount from Fund 5N20 to the Surface Water	130056
Protection Fund (Fund 4K40). Any existing encumbrances against	130057
appropriation item 715613, Dredge and Fill, shall be canceled and	130058
reestablished against appropriation item 715650, Surface Water	130059
Protection. The reestablished encumbrance amounts are hereby	130060
appropriated and Fund 5N20 is abolished.	130061

Section 277.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

130062

General Revenue Fund	130063

GRF	172321	Operating Expenses	$	545,530	$	545,530	130064
TOTAL GRF General Revenue Fund			$	545,530	$	545,530	130065
TOTAL ALL BUDGET FUND GROUPS			$	545,530	$	545,530	130066

Section 278.10. ETC BROADCAST EDUCATIONAL MEDIA COMMISSION

130068

General Revenue Fund	130069

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	130070
GRF	935402	Ohio Government Telecommunications Services	$	1,002,089	$	1,002,089	130071
GRF	935408	General Operations	$	750,000	$	750,000	130072
GRF	935409	Technology Operations	$	2,500,000	$	2,500,000	130073
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	130074
GRF	935412	Information Technology	$	500,000	$	500,000	130075
TOTAL GRF General Revenue Fund			$	7,574,744	$	7,574,744	130076

General Services Fund Group	130077

4F30	935603	Affiliate Services	$	50,000	$	130078
4T20	935605	Government Television/Telecommunications Operating	$	30,000	$	130079
TOTAL GSF General Services Fund Group			$	80,000	$	130080

TOTAL ALL BUDGET FUND GROUPS

7,654,744

7,574,744

130081

Section 278.20. STATEHOUSE NEWS BUREAU

130083

The foregoing appropriation item 935401, Statehouse News	130084
Bureau, shall be used solely to support the operations of the Ohio	130085
Statehouse News Bureau.	130086

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

130087

The foregoing appropriation item 935402, Ohio Government	130088
Telecommunications Services, shall be used solely to support the	130089
operations of Ohio Government Telecommunications Services which	130090
include providing multimedia support to the state government and	130091
its affiliated organizations and broadcasting the activities of	130092
the legislative, judicial, and executive branches of state	130093
government, among its other functions.	130094

TECHNOLOGY OPERATIONS

130095

Of the foregoing appropriation item 935409, Technology	130096
Operations, the Broadcast Educational Media Commission shall	130097
provide up to $1,000,000 in each fiscal year to the Board of	130098
Regents in order for the Board of Regents to provide grants on a	130099
competitive basis to public and chartered nonpublic schools for	130100
their participation in the electronic textbook pilot project.	130101
These grants shall be administered as provided under the section	130102
of this act entitled ELECTRONIC TEXTBOOK PILOT PROJECT. On July 1,	130103
2014, or as soon as possible thereafter, the Chancellor of the	130104
Board of Regents may certify to the Director of Budget and	130105
Management the amount of the unexpended, unencumbered balance of	130106
this set aside at the end of fiscal year 2014 to be appropriated	130107
to fiscal year 2015. The amount certified is hereby reappropriated	130108
for the same purpose for fiscal year 2015.	130109

The remainder of the foregoing appropriation item 935409,	130110
Technology Operations, shall be used by the Broadcast Educational	130111
Media Commission to pay expenses of the network infrastructure,	130112
which includes the television and radio transmission	130113
infrastructure and infrastructure that shall link all public K-12	130114
classrooms to each other and to the Internet, and provide access	130115
to voice, video, other communication services, and data	130116
educational resources for students and teachers.	130117

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

130118

The foregoing appropriation item 935410, Content Development,	130119
Acquisition, and Distribution, shall be used for the development,	130120
acquisition, and distribution of information resources by public	130121
media and radio reading services and for educational use in the	130122
classroom and online.	130123

Of the foregoing appropriation item 935410, Content	130124
Development, Acquisition, and Distribution, up to $658,099 in each	130125
fiscal year shall be allocated equally among the 12 Ohio	130126
educational television stations. Funds shall be used for the	130127
production of interactive instructional programming series with	130128
priority given to resources aligned with state academic content	130129
standards. The programming shall be targeted to the needs of the	130130
poorest two hundred school districts as determined by the	130131
district's adjusted valuation per pupil as defined in former	130132
section 3317.0213 of the Revised Code as that section existed	130133
prior to June 30, 2005.	130134

Of the foregoing appropriation item 935410, Content	130135
Development, Acquisition, and Distribution, up to $1,749,283 in	130136
each fiscal year shall be distributed by the Broadcast Educational	130137
Media Commission to Ohio's qualified public educational television	130138
stations and educational radio stations to support their	130139
operations. The funds shall be distributed pursuant to an	130140
allocation formula used by the Ohio Educational Telecommunications	130141
Network Commission unless a substitute formula is developed by the	130142
Broadcast Educational Media Commission in consultation with Ohio's	130143
qualified public educational television stations and educational	130144
radio stations.	130145

Of the foregoing appropriation item 935410, Content	130146
Development, Acquisition, and Distribution, up to $199,712 in each	130147
fiscal year shall be distributed by the Broadcast Educational	130148
Media Commission to Ohio's qualified radio reading services to	130149
support their operations. The funds shall be distributed pursuant	130150
to an allocation formula used by the Ohio Educational	130151
Telecommunications Network Commission unless a substitute formula	130152
is developed by the Broadcast Educational Media Commission in	130153
consultation with Ohio's qualified radio reading services.	130154

Section 279.10. ETH OHIO ETHICS COMMISSION

130155

General Revenue Fund	130156

GRF	146321		Operating Expenses		$	1,409,751		$	1,381,556		130157
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,381,556		130158

General Services Fund Group	130159

4M60	146601	Operating Expenses	$	636,388	$	641,000	130160
TOTAL GSF General Services							130161
Fund Group			$	636,388	$	641,000	130162
TOTAL ALL BUDGET FUND GROUPS			$	2,046,139	$	2,022,556	130163

Section 281.10. EXP OHIO EXPOSITIONS COMMISSION

130165

General Revenue Fund	130166

GRF	723403		Junior Fair Subsidy		$	250,000		$	250,000		130167
TOTAL GRF General Revenue Fund					$	250,000		$	250,000		130168

State Special Revenue Fund Group	130169

4N20	723602	Ohio State Fair Harness Racing	$	235,000	$	235,000	130170
5060	723601	Operating Expenses	$	12,894,000	$	12,894,000	130171
TOTAL SSR State Special Revenue							130172
Fund Group			$	13,129,000	$	13,129,000	130173
TOTAL ALL BUDGET FUND GROUPS			$	13,379,000	$	13,379,000	130174

STATE FAIR RESERVE

130175

The General Manager of the Expositions Commission, in	130176
consultation with the Director of Budget and Management, may	130177
submit a request to the Controlling Board to use available amounts	130178
in the State Fair Reserve Fund (Fund 6400) if revenues for the	130179
Ohio State Fair for the 2013 or 2014 Ohio State Fair are	130180
unexpectedly low.	130181

Section 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

130182

General Revenue Fund	130183

GRF	230401	Lease Rental Payments - Cultural Facilities	$	33,106,400	$	29,854,500	130184
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	130185
GRF	230908	Common Schools General Obligation Debt Service	$	351,806,100	$	377,364,700	130186
TOTAL GRF General Revenue Fund			$	387,408,251	$	409,464,951	130187

General Services Fund Group	130188

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		130189
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		130190

State Special Revenue Fund Group	130191

4T80	230603	Community Project Administration	$	200,000	$	200,000	130192
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	130193
TOTAL SSR State Special Revenue							130194
Fund Group			$	8,750,000	$	8,750,000	130195
TOTAL ALL BUDGET FUND GROUPS			$	405,621,593	$	427,678,293	130196

Section 282.20. LEASE RENTAL PAYMENTS

130198

The foregoing appropriation item 230401, Lease Rental	130199
Payments - Cultural Facilities, shall be used to meet all payments	130200
at the times they are required to be made during the period from	130201
July 1, 2013 through June 30, 2015, from the Ohio Facilities	130202
Construction Commission under the primary leases and agreements	130203
for those arts and sports facilities made under Chapters 152. and	130204
154. of the Revised Code. These appropriations are the source of	130205
funds pledged for bond service charges on related obligations	130206
issued under Chapters 152. and 154. of the Revised Code.	130207

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

130208

The foregoing appropriation item 230908, Common Schools	130209
General Obligation Debt Service, shall be used to pay all debt	130210
service and related financing costs at the times they are required	130211
to be made during the period from July 1, 2013, through June 30,	130212
2015, for obligations issued under sections 151.01 and 151.03 of	130213
the Revised Code.	130214

Section 282.30. COMMUNITY PROJECT ADMINISTRATION

130215

The foregoing appropriation item 230603, Community Project	130216
Administration, shall be used by the Ohio Facilities Construction	130217
Commission in administering Cultural and Sports Facilities	130218
Building Fund (Fund 7030) projects pursuant to section 123.201 of	130219
the Revised Code.	130220

Section 282.40. OPERATING EXPENSES

130221

The foregoing appropriation item 230644, Operating Expenses,	130222
shall be used by the Ohio School Facilities Commission to carry	130223
out its responsibilities under this section and Chapter 3318. of	130224
the Revised Code.	130225

In both fiscal years 2014 and 2015, the Executive Director of	130226
the Ohio School Facilities Commission shall certify on a quarterly	130227
basis to the Director of Budget and Management the amount of cash	130228
from interest earnings to be transferred from the School Building	130229
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	130230
7021), and the Educational Facilities Trust Fund (Fund N087) to	130231
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	130232
transferred from the School Building Assistance Fund (Fund 7032)	130233
may not exceed investment earnings credited to the fund, less any	130234
amount required to be paid for federal arbitrage rebate purposes.	130235

If the Executive Director of the Ohio Facilities Construction	130236
Commission determines that transferring cash from interest	130237
earnings is insufficient to support operations and carry out its	130238
responsibilities under this section and Chapter 3318. of the	130239
Revised Code, the Commission may, with the approval of the	130240
Controlling Board, transfer cash not generated from interest from	130241
the Public School Building Fund (Fund 7021) and the Educational	130242
Trust Fund (Fund N087) to the Ohio School Facilities Commission	130243
Fund (Fund 5E30).	130244

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

130245

At the request of the Executive Director of the Ohio School	130246
Facilities Commission, the Director of Budget and Management may	130247
cancel encumbrances for school district projects from a previous	130248
biennium if the district has not raised its local share of project	130249
costs within thirteen months of receiving Controlling Board	130250
approval under section 3318.05 or 3318.41 of the Revised Code. The	130251
Executive Director of the Ohio School Facilities Commission shall	130252
certify the amounts of the canceled encumbrances to the Director	130253
of Budget and Management on a quarterly basis. The amounts of the	130254
canceled encumbrances are hereby appropriated.	130255

Section 282.50. CAPITAL DONATIONS FUND CERTIFICATIONS AND	130256
APPROPRIATIONS	130257

The Executive Director of the Facilities Construction	130258
Commission shall certify to the Director of Budget and Management	130259
the amount of cash receipts and related investment income,	130260
irrevocable letters of credit from a bank, or certification of the	130261
availability of funds that have been received from a county or a	130262
municipal corporation for deposit into the Capital Donations Fund	130263
(Fund 5A10) and that are related to an anticipated project. These	130264
amounts are hereby appropriated to appropriation item C37146,	130265
Capital Donations. Prior to certifying these amounts to the	130266
Director, the Executive Director shall make a written agreement	130267
with the participating entity on the necessary cash flows required	130268
for the anticipated construction or equipment acquisition project.	130269

Section 282.60. AMENDMENT TO PROJECT AGREEMENT FOR	130270
MAINTENANCE LEVY	130271

The Ohio School Facilities Commission shall amend the project	130272
agreement between the Commission and a school district that is	130273
participating in the Accelerated Urban School Building Assistance	130274
Program on the effective date of this section, if the Commission	130275
determines that it is necessary to do so in order to comply with	130276
division (B)(3)(c) of section 3318.38 of the Revised Code.	130277

Section 282.70. Notwithstanding any other provision of law to	130278
the contrary, the Ohio School Facilities Commission may determine	130279
the amount of funding available for disbursement in a given fiscal	130280
year for any project approved under sections 3318.01 to 3318.20 of	130281
the Revised Code in order to keep aggregate state capital spending	130282
within approved limits and may take actions including, but not	130283
limited to, determining the schedule for design or bidding of	130284
approved projects, to ensure appropriate and supportable cash	130285
flow.	130286

Section 282.80. Notwithstanding division (B) of section	130287
3318.40 of the Revised Code, the Ohio School Facilities Commission	130288
may provide assistance to at least one joint vocational school	130289
district each fiscal year for the acquisition of classroom	130290
facilities in accordance with sections 3318.40 to 3318.45 of the	130291
Revised Code.	130292

Section 282.90. The Ohio Cultural Facilities Commission is	130293
abolished. Except as otherwise provided in this section, all	130294
obligations of the Ohio Cultural Facilities Commission under	130295
agreements to which the Ohio Cultural Facilities Commission is a	130296
party, and all records and assets of the Ohio Cultural Facilities	130297
Commission, including, without limitation, equipment, inventory,	130298
contract rights, accounts, and general intangibles, are	130299
transferred to the Ohio Facilities Construction Commission.	130300

The Ohio Facilities Construction Commission shall designate	130301
the positions, if any, to be transferred to the Ohio Facilities	130302
Construction Commission, along with any equipment assigned to	130303
those positions. Any employee transferred to the Ohio Facilities	130304
Construction Commission retains the employee's respective	130305
classification, but the Ohio Facilities Construction Commission	130306
may reassign and reclassify the employee's position and	130307
compensation as the Ohio Facilities Construction Commission	130308
determines to be in the best interest of office administration.	130309

The Ohio Facilities Construction Commission shall complete	130310
any activities related to the design, planning, construction, and	130311
related management functions commenced but not completed by the	130312
Ohio Cultural Facilities Commission in the same manner and with	130313
the same effect as if the Ohio Cultural Facilities Commission had	130314
completed them. The consolidation of the commissions shall not	130315
cause the loss or impairment of any validation, cure, right,	130316
privilege, remedy, obligation, or liability, which the Ohio	130317
Facilities Construction Commission shall administer.	130318

All rules, orders, and determinations related to the design,	130319
planning, and construction and related management functions of the	130320
Ohio Cultural Facilities Commission continue in effect as rules,	130321
orders, and determinations of the Ohio Facilities Construction	130322
Commission until the Ohio Facilities Construction Commission	130323
modifies or rescinds them. The Director of the Legislative Service	130324
Commission shall renumber the rules of the Ohio Cultural	130325
Facilities Commission related to that commission's design,	130326
planning, and construction and related management functions to	130327
reflect their transfer to the Ohio Facilities Construction	130328
Commission.	130329

The transfer of functions from the Ohio Cultural Facilities	130330
Commission to the Ohio Facilities Construction Commission does not	130331
affect any pending judicial or administrative action or proceeding	130332
to which the Ohio Cultural Facilities Commission is a party and	130333
that is related to that commission's design, planning,	130334
construction, capital funding, or related management functions.	130335
Any such action or proceeding shall be prosecuted or defended in	130336
the name of the Ohio Facilities Construction Commission. On	130337
application to the court or agency, the Ohio Facilities	130338
Construction Commission shall be substituted for the Ohio Cultural	130339
Facilities Commission as a party to the action or proceeding.	130340

Effective July 1, 2013, the Director of Budget and Management	130341
shall cancel any existing encumbrances against appropriation item	130342
371603, Project Administration, and re-establish them against	130343
appropriation item 230603, Community Project Administration. The	130344
re-established encumbrance amounts are hereby appropriated. Any	130345
business commenced but not completed under appropriation item	130346
371603 by July 1, 2013, shall be completed under appropriation	130347
item 230603 in the same manner and with the same effect as if it	130348
were completed with regard to appropriation item 371603.	130349

Funds collected as part of a management contract for the	130350
Riffe Theatres, which previously were deposited in the Ohio	130351
Cultural Facilities Commission Administration Fund (Fund 4T80),	130352
shall be credited to the Theater Equipment Maintenance Fund (Fund	130353
5MV0), which is hereby created in the State Treasury. The Director	130354
of Budget and Management shall transfer from the Ohio Cultural	130355
Facilities Commission Administration Fund to the Theater Equipment	130356
Maintenance Fund any remaining cash balances from funds collected	130357
as part of a management contract for the Riffe Theatres. In order	130358
to facilitate this transfer, the Executive Director of the Ohio	130359
Facilities Construction Commission, by July 1, 2013, or as soon as	130360
possible thereafter, shall certify to the Director of Budget and	130361
Management an estimate of the amount to be transferred. The	130362
Department of Administrative Services shall use appropriation item	130363
100662, Theater Equipment Maintenance, to spend cash in the	130364
Theater Equipment Maintenance Fund (Fund 5MV0).	130365

The Ohio Facilities Construction Commission may enter into an	130366
interagency agreement with the Department of Administrative	130367
Services for the Department to perform any of the functions	130368
transferred to the Ohio Facilities Construction Commission under	130369
this section.	130370

Any reference to the Ohio Cultural Facilities Commission in	130371
any statute, rule, contract, grant, or other document is deemed to	130372
refer to the Ohio Facilities Construction Commission.	130373

The Ohio Facilities Construction Commission, the Ohio Public	130374
Facilities Commission, and the issuing authority of any	130375
obligations issued for the financing of capital facilities for	130376
Ohio cultural facilities and Ohio sports facilities may execute	130377
instruments, documents, and agreements and may take necessary or	130378
appropriate actions to effect the orderly transfer of those	130379
obligations from the Ohio Cultural Facilities Commission to the	130380
Ohio Facilities Construction Commission.	130381

This section takes effect July 1, 2013.

130382

Section 283.10. GOV OFFICE OF THE GOVERNOR

130383

General Revenue Fund	130384

GRF	040321		Operating Expenses		$	2,851,552		$	2,851,552		130385
TOTAL GRF General Revenue Fund					$	2,851,552		$	2,851,552		130386

General Services Fund Group	130387

5AK0	040607		Government Relations		$	365,149		$	365,149		130388
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		130389

TOTAL ALL BUDGET FUND GROUPS

3,216,701

130390

GOVERNMENT RELATIONS

130391

A portion of the foregoing appropriation item 040607,	130392
Government Relations, may be used to support Ohio's membership in	130393
national or regional associations.	130394

The Office of the Governor may charge any state agency of the	130395
executive branch using an intrastate transfer voucher such amounts	130396
necessary to defray the costs incurred for the conduct of	130397
governmental relations associated with issues that can be	130398
attributed to the agency. Amounts collected shall be deposited in	130399
the Government Relations Fund (Fund 5AK0).	130400

Section 285.10. DOH DEPARTMENT OF HEALTH

130401

General Revenue Fund	130402

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	130403
GRF	440413	Local Health Departments	$	823,061	$	823,061	130404
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	130405
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	130406
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	130407
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	130408
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	130409
GRF	440451	Public Health Laboratory	$	3,655,449	$	3,655,449	130410
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	130411
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	130412
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	130413
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	130414
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	130415
GRF	440467	Access to Dental Care	$	540,484	$	540,484	130416
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	130417
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	130418
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	130419
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	130420
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	130421
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	130422
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	130423
TOTAL GRF General Revenue Fund			$	88,607,614	$	88,607,614	130424

State Highway Safety Fund Group	130425

4T40	440603	Child Highway Safety	$	233,894	$	233,894	130426
TOTAL HSF State Highway Safety							130427
Fund Group			$	233,894	$	233,894	130428

General Services Fund Group	130429

1420	440646	Agency Health Services	$	820,998	$	820,998	130430
2110	440613	Central Support Indirect Costs	$	30,615,591	$	31,052,469	130431
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	130432
6830	440633	Employee Assistance Program	$	1,100,000	$	1,100,000	130433
6980	440634	Nurse Aide Training	$	99,265	$	99,265	130434
TOTAL GSF General Services							130435
Fund Group			$	37,635,854	$	38,072,732	130436

Federal Special Revenue Fund Group	130437

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	130438
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	130439
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	130440
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	130441
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	130442
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	130443
TOTAL FED Federal Special Revenue							130444
Fund Group			$	455,010,657	$	457,383,142	130445

State Special Revenue Fund Group	130446

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	130447
4710	440619	Certificate of Need	$	878,433	$	878,433	130448
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	130449
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	130450
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	130451
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	130452
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	130453
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	130454
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	130455
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	130456
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	130457
5CN0	440645	Choose Life	$	75,000	$	75,000	130458
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	130459
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	130460
5G40	440639	Adoption Services	$	20,000	$	20,000	130461
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	130462
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	130463
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	130464
TOTAL SSR State Special Revenue							130465
Fund Group			$	68,601,542	$	68,946,022	130466

Holding Account Redistribution Fund Group	130467

R014	440631	Vital Statistics	$	44,986	$	44,986	130468
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	130469
TOTAL 090 Holding Account							130470
Redistribution Fund Group			$	64,986	$	64,986	130471

Tobacco Master Settlement Agreement Fund Group	130472

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	1,450,000	130473
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	1,450,000	130474
TOTAL ALL BUDGET FUND GROUPS			$	651,604,547	$	654,758,390	130475

Section 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

130477

Of the foregoing appropriation item 440416, Mothers and	130478
Children Safety Net Services, $200,000 in each fiscal year shall	130479
be used to assist families with hearing impaired children under	130480
twenty-one years of age in purchasing hearing aids. The Director	130481
of Health shall adopt rules governing the distribution of these	130482
funds, including rules that do both of the following: (1)	130483
establish eligibility criteria to include families with incomes at	130484
or below four hundred per cent of the federal poverty guidelines	130485
as defined in section 5101.46 of the Revised Code, and (2) develop	130486
a sliding scale of disbursements under this section based on	130487
family income. The Director may adopt other rules as necessary to	130488
implement this section. Rules adopted under this section shall be	130489
adopted in accordance with Chapter 119. of the Revised Code.	130490

The Department shall disburse all of the funds appropriated	130491
under this section.	130492

HIV/AIDS PREVENTION/TREATMENT

130493

The foregoing appropriation item 440444, AIDS Prevention and	130494
Treatment, shall be used to assist persons with HIV/AIDS in	130495
acquiring HIV-related medications and to administer educational	130496
prevention initiatives.	130497

PUBLIC HEALTH LABORATORY

130498

A portion of the foregoing appropriation item 440451, Public	130499
Health Laboratory, shall be used for coordination and management	130500
of prevention program operations and the purchase of drugs for	130501
sexually transmitted diseases.	130502

HELP ME GROW

130503

The foregoing appropriation item 440459, Help Me Grow, shall	130504
be used by the Department of Health to implement the Help Me Grow	130505
Program. Funds shall be distributed to counties through	130506
agreements, contracts, grants, or subsidies in accordance with	130507
section 3701.61 of the Revised Code. Appropriation item 440459,	130508
Help Me Grow, may be used in conjunction with other early	130509
childhood funds and services to promote the optimal development of	130510
young children and family-centered programs and services that	130511
acknowledge and support the social, emotional, cognitive,	130512
intellectual, and physical development of children and the vital	130513
role of families in ensuring the well-being and success of	130514
children. The Department of Health shall enter into interagency	130515
agreements with the Department of Education, Department of	130516
Developmental Disabilities, Department of Job and Family Services,	130517
and Department of Mental Health and Addiction Services to ensure	130518
that all early childhood programs and initiatives are coordinated	130519
and school linked.	130520

The foregoing appropriation item 440459, Help Me Grow, may	130521
also be used for the Developmental Autism and Screening Program.	130522

INFANT VITALITY

130523

The foregoing appropriation item 440474, Infant Vitality,	130524
shall be used to fund the following projects, which are hereby	130525
created:	130526

(A) The Infant Safe Sleep Campaign to educate parents and	130527
caregivers with a uniform message regarding safe sleep	130528
environments;	130529

(B) The Progesterone Prematurity Prevention Project to enable	130530
prenatal care providers to identify, screen, treat, and track	130531
outcomes for women eligible for progesterone supplementation; and	130532

(C) The Prenatal Smoking Cessation Project to enable prenatal	130533
care providers who work with women of reproductive age, including	130534
pregnant women, to have the tools, training, and technical	130535
assistance needed to treat smokers effectively.	130536

TARGETED HEALTH CARE SERVICES OVER 21

130537

The foregoing appropriation item 440507, Targeted Health Care	130538
Services Over 21, shall be used to administer the Cystic Fibrosis	130539
Program and to implement the Hemophilia Insurance Premium Payment	130540
Program.	130541

The foregoing appropriation item 440507, Targeted Health Care	130542
Services Over 21, shall also be used to provide essential	130543
medications and to pay the copayments for drugs approved by the	130544
Department of Health and covered by Medicare Part D that are	130545
dispensed to Bureau for Children with Medical Handicaps (BCMH)	130546
participants for the Cystic Fibrosis Program.	130547

The Department shall expend all of these funds.

130548

GENETICS SERVICES

130549

The foregoing appropriation item 440608, Genetics Services	130550
(Fund 4D60), shall be used by the Department of Health to	130551
administer programs authorized by sections 3701.501 and 3701.502	130552
of the Revised Code. None of these funds shall be used to counsel	130553
or refer for abortion, except in the case of a medical emergency.	130554

MEDICALLY HANDICAPPED CHILDREN AUDIT

130555

The Medically Handicapped Children Audit Fund (Fund 4770)	130556
shall receive revenue from audits of hospitals and recoveries from	130557
third-party payers. Moneys may be expended for payment of audit	130558
settlements and for costs directly related to obtaining recoveries	130559
from third-party payers and for encouraging Medically Handicapped	130560
Children's Program recipients to apply for third-party benefits.	130561
Moneys also may be expended for payments for diagnostic and	130562
treatment services on behalf of medically handicapped children, as	130563
defined in division (A) of section 3701.022 of the Revised Code,	130564
and Ohio residents who are twenty-one or more years of age and who	130565
are suffering from cystic fibrosis or hemophilia. Moneys may also	130566
be expended for administrative expenses incurred in operating the	130567
Medically Handicapped Children's Program.	130568

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

130569

The foregoing appropriation item 440607, Medically	130570
Handicapped Children - County Assessments (Fund 6660), shall be	130571
used to make payments under division (E) of section 3701.023 of	130572
the Revised Code.	130573

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	130574
THE TOBACCO USE PREVENTION FUND	130575

On July 1, 2013, or as soon as possible thereafter, the	130576
Director of Budget and Management shall transfer $2,439,230 cash	130577
from the Public Health Priorities Trust Fund (Fund L087) to the	130578
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	130579
needs of the Department of Health's tobacco enforcement and	130580
cessation efforts.	130581

Section 285.30. DEPARTMENT OF HEALTH'S APPROPRIATION ITEM	130582
STRUCTURE	130583

Upon request from the Director of Health, the Director of	130584
Budget and Management may establish new funds, new appropriation	130585
items, and appropriations in order to support the transition to a	130586
new appropriation item structure in the Department of Health's	130587
budget. Also, upon request of the Director of Health, the Director	130588
of Budget and Management may transfer appropriations between GRF	130589
appropriation items, transfer cash between any funds used by the	130590
Department of Health, abolish existing funds used by the	130591
Department of Health, and cancel and reestablish encumbrances. Any	130592
establishment of new funds or appropriation items, any transfers	130593
of appropriations or cash, and any increases in appropriation	130594
under this section are subject to Controlling Board approval.	130595

Section 287.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

130596

Agency Fund Group	130597

4610	372601	Operating Expenses	$	12,500	$	12,500	130598
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	130599
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	130600

Section 289.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

130602

General Revenue Fund	130603

GRF	148100	Personal Services	$	279,998	$	279,998	130604
GRF	148402	Community Programs	$	44,924	$	44,924	130605
TOTAL GRF General Revenue Fund			$	324,922	$	324,922	130606

General Services Fund Group	130607

6010	148602	Special Initiatives	$	24,558	$	24,558	130608
TOTAL GSF General Services							130609
Fund Group			$	24,558	$	24,558	130610
TOTAL ALL BUDGET FUND GROUPS			$	349,480	$	349,480	130611

Section 291.10. OHS OHIO HISTORICAL SOCIETY

130613

General Revenue Fund	130614

GRF	360501	Education and Collections	$	3,618,997	$	3,618,997	130615
GRF	360502	Site and Museum Operations	$	4,426,288	$	4,926,288	130616
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	130617
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	130618
GRF	360506	Hayes Presidential Center	$	309,147	$	309,147	130619
GRF	360508	State Historical Grants	$	400,000	$	400,000	130620
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	130621
TOTAL GRF General Revenue Fund			$	9,549,625	$	10,049,625	130622

Agency Fund Group	130623

5KL0	360602	Ohio History Tax Check-off	$	250,000	$	250,000	130624
TOTAL AGY Agency Fund Group			$	250,000	$	250,000	130625
TOTAL ALL BUDGET FUND GROUPS			$	9,799,625	$	10,299,625	130626

SUBSIDY APPROPRIATION

130627

Upon approval by the Director of Budget and Management, the	130628
foregoing appropriation items shall be released to the Ohio	130629
Historical Society in quarterly amounts that in total do not	130630
exceed the annual appropriations. The funds and fiscal records of	130631
the society for fiscal year 2014 and fiscal year 2015 shall be	130632
examined by independent certified public accountants approved by	130633
the Auditor of State, and a copy of the audited financial	130634
statements shall be filed with the Office of Budget and	130635
Management. The society shall prepare and submit to the Office of	130636
Budget and Management the following:	130637

(A) An estimated operating budget for each fiscal year of the	130638
biennium. The operating budget shall be submitted at or near the	130639
beginning of each calendar year.	130640

(B) Financial reports, indicating actual receipts and	130641
expenditures for the fiscal year to date. These reports shall be	130642
filed at least semiannually during the fiscal biennium.	130643

The foregoing appropriations shall be considered to be the	130644
contractual consideration provided by the state to support the	130645
state's offer to contract with the Ohio Historical Society under	130646
section 149.30 of the Revised Code.	130647

STATE HISTORICAL GRANTS

130648

Of the foregoing appropriation item 360508, State Historical	130649
Grants, $200,000 in each fiscal year shall be used for the	130650
Cincinnati Museum Center, and $200,000 in each fiscal year shall	130651
be used for the Western Reserve Historical Society.	130652

Section 293.10. REP OHIO HOUSE OF REPRESENTATIVES

130654

General Revenue Fund	130655

GRF	025321		Operating Expenses		$	21,031,091		$	21,031,091		130656
TOTAL GRF General Revenue Fund					$	21,031,091		$	21,031,091		130657

General Services Fund Group	130658

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	130659
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	130660
TOTAL GSF General Services							130661
Fund Group			$	1,471,513	$	1,471,513	130662
TOTAL ALL BUDGET FUND GROUPS			$	22,502,604	$	22,502,604	130663

OPERATING EXPENSES

130664

On July 1, 2013, or as soon as possible thereafter, the Chief	130665
Administrative Officer of the House of Representatives may certify	130666
to the Director of Budget and Management the amount of the	130667
unexpended, unencumbered balance of the foregoing appropriation	130668
item 025321, Operating Expenses, at the end of fiscal year 2013 to	130669
be reappropriated to fiscal year 2014. The amount certified is	130670
hereby reappropriated to the same appropriation item for fiscal	130671
year 2014.	130672

On July 1, 2014, or as soon as possible thereafter, the Chief	130673
Administrative Officer of the House of Representatives may certify	130674
to the Director of Budget and Management the amount of the	130675
unexpended, unencumbered balance of the foregoing appropriation	130676
item 025321, Operating Expenses, at the end of fiscal year 2014 to	130677
be reappropriated to fiscal year 2015. The amount certified is	130678
hereby reappropriated to the same appropriation item for fiscal	130679
year 2015.	130680

HOUSE REIMBURSEMENT

130681

If it is determined by the Chief Administrative Officer of	130682
the House of Representatives that additional appropriations are	130683
necessary for the foregoing appropriation item 025601, House	130684
Reimbursement, the amounts are hereby appropriated.	130685

Section 295.10. HFA OHIO HOUSING FINANCE AGENCY

130686

State Special Revenue Fund Group	130687

5AZ0	997601	Housing Finance Agency Personal Services	$	12,156,982	$	12,156,982	130688
TOTAL SSR State Special Revenue Fund Group			$	12,156,982	$	12,156,982	130689
TOTAL ALL BUDGET FUND GROUPS			$	12,156,982	$	12,156,982	130690

Section 297.10. IGO OFFICE OF THE INSPECTOR GENERAL

130692

General Revenue Fund	130693

GRF	965321	Operating Expenses	$	1,175,598	$	1,175,598	130694
GRF	965404	Deputy Inspector General for ARRA	$	475,000	$	350,000	130695
TOTAL GRF General Revenue Fund			$	1,650,598	$	1,525,598	130696

General Services Fund Group	130697

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	130698
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	130699
5GI0	965605	Deputy Inspector General for ARRA	$	25,000	$	0	130700
TOTAL GSF General Services Fund Group			$	850,000	$	825,000	130701
TOTAL ALL BUDGET FUND GROUPS			$	2,500,598	$	2,350,598	130702

Section 299.10. INS DEPARTMENT OF INSURANCE

130704

Federal Special Revenue Fund Group	130705

3EV0	820610	Health Insurance Premium Review	$	1,300,000	$	1,300,000	130706
3U50	820602	OSHIIP Operating Grant	$	1,970,725	$	1,970,725	130707
TOTAL FED Federal Special							130708
Revenue Fund Group			$	3,270,725	$	3,270,725	130709

State Special Revenue Fund Group	130710

5540	820601	Operating Expenses - OSHIIP	$	180,000	$	180,000	130711
5540	820606	Operating Expenses	$	27,570,433	$	24,910,367	130712
5550	820605	Examination	$	8,184,065	$	8,184,065	130713
TOTAL SSR State Special Revenue							130714
Fund Group			$	35,934,498	$	33,274,432	130715
TOTAL ALL BUDGET FUND GROUPS			$	39,205,223	$	36,545,157	130716

MARKET CONDUCT EXAMINATION

130717

When conducting a market conduct examination of any insurer	130718
doing business in this state, the Superintendent of Insurance may	130719
assess the costs of the examination against the insurer. The	130720
superintendent may enter into consent agreements to impose	130721
administrative assessments or fines for conduct discovered that	130722
may be violations of statutes or rules administered by the	130723
Superintendent. All costs, assessments, or fines collected shall	130724
be deposited to the credit of the Department of Insurance	130725
Operating Fund (Fund 5540).	130726

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

130727

The Director of Budget and Management, at the request of the	130728
Superintendent of Insurance, may transfer funds from the	130729
Department of Insurance Operating Fund (Fund 5540), established by	130730
section 3901.021 of the Revised Code, to the Superintendent's	130731
Examination Fund (Fund 5550), established by section 3901.071 of	130732
the Revised Code, only for expenses incurred in examining domestic	130733
fraternal benefit societies as required by section 3921.28 of the	130734
Revised Code.	130735

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

130736

Not later than the thirty-first day of July each fiscal year,	130737
the Director of Budget and Management shall transfer $5,000,000	130738
from the Department of Insurance Operating Fund (Fund 5540) to the	130739
General Revenue Fund.	130740

Section 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

130741

General Revenue Fund	130742

GRF	600321	Program Support	$	31,320,964	$	31,109,751	130743
GRF	600410	TANF State/Maintenance of Effort	$	151,386,934	$	151,386,934	130744
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	130745
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	130746
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	130747
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	130748
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	130749
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	130750
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	130751
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	130752
GRF	600523	Family and Children Services	$	55,605,323	$	54,105,323	130753
GRF	600528	Adoption Services					130754
		State	$	28,623,389	$	28,623,389	130755
		Federal	$	38,202,557	$	38,202,557	130756
		Adoption Services Total	$	66,825,946	$	66,825,946	130757
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	130758
GRF	600534	Adult Protective Services	$	366,003	$	366,003	130759
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	130760
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	130761
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	130762
GRF	655522	Medicaid Program Support - Local	$	31,067,970	$	31,067,970	130763
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	130764
TOTAL GRF General Revenue Fund							130765
		State	$	717,596,118	$	716,096,118	130766
		Federal	$	38,202,557	$	38,202,557	130767
		GRF Total	$	755,798,675	$	754,298,675	130768

General Services Fund Group	130769

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	130770
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	130771
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	130772
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	130773
6130	600645	Training Activities	$	8,100,000	$	92,989	130774
TOTAL GSF General Services							130775
Fund Group			$	124,780,339	$	116,773,328	130776

Federal Special Revenue Fund Group	130777

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	130778
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	130779
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	130780
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	130781
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	130782
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	130783
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	130784
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	130785
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	130786
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	130787
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	130788
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	130789
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	130790
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	130791
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	130792
3S50	600622	Child Support Projects	$	534,050	$	534,050	130793
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	130794
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	130795
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	130796
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	130797
TOTAL FED Federal Special Revenue							130798
Fund Group			$	2,526,972,581	$	2,490,592,049	130799

State Special Revenue Fund Group	130800

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	130801
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	9,006,000	130802
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	130803
4F10	600609	Family and Children Activities	$	683,549	$	683,549	130804
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	130805
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	130806
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	130807
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	130808
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	130809
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	130810
TOTAL SSR State Special Revenue							130811
Fund Group			$	25,063,397	$	25,063,397	130812

Agency Fund Group	130813

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	130814
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	130815
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	130816
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	130817

Holding Account Redistribution Fund Group	130818

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	130819
R013	600644	Forgery Collections	$	10,000	$	10,000	130820
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	130821
TOTAL ALL BUDGET FUND GROUPS			$	3,579,074,992	$	3,533,187,449	130822

Section 301.20. TRANSFER TO STATE AND COUNTY SHARED SERVICES	130824
FUND	130825

Within thirty days of the effective date of this act, or as	130826
soon as possible thereafter, the Director of Budget and Management	130827
shall transfer the cash balance in the County Technologies Fund	130828
(Fund 5N10) to the State and County Shared Services Fund (Fund	130829
5HL0).	130830

Section 301.30. AGENCY AND HOLDING ACCOUNT REDISTRIBUTION	130831
FUND GROUPS	130832

The Agency Fund Group and Holding Account Redistribution Fund	130833
Group shall be used to hold revenues until the appropriate fund is	130834
determined or until the revenues are directed to the appropriate	130835
governmental agency other than the Department of Job and Family	130836
Services. If receipts credited to the Support Intercept – Federal	130837
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	130838
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	130839
Settlements Fund (Fund R012), or the Forgery Collections Fund	130840
(Fund R013) exceed the amounts appropriated from the fund, the	130841
Director of Job and Family Services may request the Director of	130842
Budget and Management to authorize expenditures from the fund in	130843
excess of the amounts appropriated. Upon the approval of the	130844
Director of Budget and Management, the additional amounts are	130845
hereby appropriated.	130846

Section 301.40. COUNTY ADMINISTRATIVE FUNDS

130847

The foregoing appropriation item 600521, Family Assistance -	130848
Local, may be provided to county departments of job and family	130849
services to administer food assistance and disability assistance	130850
programs.	130851

The foregoing appropriation item 655522, Medicaid Program	130852
Support - Local, may be provided to county departments of job and	130853
family services to administer the Medicaid program and the State	130854
Children's Health Insurance program.	130855

At the request of the Director of Job and Family Services,	130856
the Director of Budget and Management may transfer appropriations	130857
between appropriation item 600521, Family Assistance - Local, and	130858
appropriation item 655522, Medicaid Program Support - Local, in	130859
order to ensure county administrative funds are expended from the	130860
proper appropriation item.	130861

Section 301.43. FAMILY AND CHILDREN SERVICES

130862

Of the foregoing appropriation item 600523, Family and	130863
Children Services, $1,500,000 in fiscal year 2014 shall be used to	130864
support the Famicos Foundation.	130865

Section 301.50. FOOD STAMPS TRANSFER

130866

On July 1, 2013, or as soon as possible thereafter, the	130867
Director of Budget and Management may transfer up to $1,000,000	130868
cash from the Supplemental Nutrition Assistance Program Fund (Fund	130869
3840), to the Food Assistance Fund (Fund 5ES0).	130870

Section 301.60. NAME OF FOOD STAMP PROGRAM

130871

The Director of Job and Family Services is not required to	130872
amend rules regarding the Food Stamp Program to change the name of	130873
the program to the Supplemental Nutrition Assistance Program. The	130874
Director may refer to the program as the Food Stamp Program or the	130875
Food Assistance Program in rules and documents of the Department	130876
of Job and Family Services.	130877

Section 301.70. OHIO ASSOCIATION OF FOOD BANKS

130878

The foregoing appropriation item 600540, Food Banks, shall be	130879
used to provide funds to the Ohio Association of Food Banks to	130880
purchase and distribute food products.	130881

Notwithstanding section 5101.46 of the Revised Code and any	130882
other provision in this bill, in addition to funds designated for	130883
the Ohio Association of Food Banks in this section, in fiscal year	130884
2014 and fiscal year 2015, the Director of Job and Family Services	130885
shall provide assistance from eligible funds to the Ohio	130886
Association of Food Banks in an amount up to or equal to the	130887
assistance provided in state fiscal year 2013 from all funds used	130888
by the Department, except the General Revenue Fund.	130889

Eligible nonfederal expenditures made by member food banks of	130890
the Association shall be counted by the Department of Job and	130891
Family Services toward the TANF maintenance of effort requirements	130892
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	130893
shall enter into an agreement with the Ohio Association of Food	130894
Banks, in accordance with sections 5101.80 and 5101.801 of the	130895
Revised Code, to carry out the requirements under this section.	130896

Section 301.80. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

130897

The foregoing appropriation item 600658, Public Assistance	130898
Activities, shall be used by the Department of Job and Family	130899
Services to meet the TANF maintenance of effort requirements of 42	130900
U.S.C. 609(a)(7). When the state is assured that it will meet the	130901
maintenance of effort requirement, the Department of Job and	130902
Family Services may use funds from appropriation item 600658,	130903
Public Assistance Activities, to support public assistance	130904
activities.	130905

Section 301.90. GOVERNOR'S OFFICE OF FAITH-BASED AND	130906
COMMUNITY INITIATIVES	130907

Of the foregoing appropriation item 600689, TANF Block Grant,	130908
up to $6,540,000 in each fiscal year shall be used, in accordance	130909
with sections 5101.80 and 5101.801 of the Revised Code, to provide	130910
support to programs or organizations that provide services that	130911
align with the mission and goals of the Governor's Office of	130912
Faith-Based and Community Initiatives, as outlined in section	130913
107.12 of the Revised Code, and that further at least one of the	130914
four purposes of the TANF program, as specified in 42 U.S.C. 601.	130915

Section 301.100. INDEPENDENT LIVING INITIATIVE

130916

Of the foregoing appropriation item 600689, TANF Block Grant,	130917
up to $2,000,000 in each fiscal year shall be used, in accordance	130918
with sections 5101.80 and 5101.801 of the Revised Code, to support	130919
the Independent Living Initiative, including life skills training	130920
and work supports for older children in foster care and those who	130921
have recently aged out of foster care.	130922

Section 301.110. KINSHIP PERMANENCY INCENTIVE PROGRAM

130923

Of the foregoing appropriation item 600689, TANF Block Grant,	130924
$1,750,000 in each fiscal year shall be used to support the	130925
activities of the Kinship Permanency Incentive Program established	130926
in section 5101.802 of the Revised Code.	130927

Section 301.120. OHIO COMMISSION ON FATHERHOOD

130928

Of the foregoing appropriation item 600689, TANF Block Grant,	130929
$1,000,000 in each fiscal year shall be provided to the Ohio	130930
Commission on Fatherhood.	130931

Section 301.130. DIFFERENTIAL RESPONSE

130932

In accordance with an independent evaluation of the Ohio	130933
Alternative Response Pilot Program that recommended statewide	130934
implementation, the Department of Job and Family Services shall	130935
plan the statewide expansion of the Ohio Alternative Response	130936
Pilot Program on a county by county basis, through a schedule	130937
determined by the Department. The program shall be known as the	130938
"differential response" approach as defined in section 2151.011 of	130939
the Revised Code. Notwithstanding provisions of Chapter 2151. of	130940
the Revised Code that refer to "differential response,"	130941
"traditional response," and "alternative response," those	130942
provisions shall become effective on the scheduled date of	130943
expansion of the differential response approach to that county.	130944
Prior to statewide implementation, the Department may adopt rules	130945
in accordance with Chapter 119. of the Revised Code as necessary	130946
to carry out the purposes of this section.	130947

Section 301.140. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

130948

In collaboration with the county family and children first	130949
council, a county department of job and family services or public	130950
children services agency that receives an allocation from the	130951
Department of Job and Family Services from the foregoing	130952
appropriation item 600523, Children and Families Services, or	130953
600533, Child, Family, and Adult Community & Protective Services,	130954
may transfer a portion of either or both allocations to a flexible	130955
funding pool as authorized by the section of this act titled	130956
"FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	130957

Section 301.150. CHILD, FAMILY, AND ADULT COMMUNITY AND	130958
PROTECTIVE SERVICES	130959

(A) The foregoing appropriation item 600533, Child, Family,	130960
and Adult Community & Protective Services, shall be distributed to	130961
each county department of job and family services using the	130962
formula the Department of Job and Family Services uses when	130963
distributing Title XX funds to county departments of job and	130964
family services under section 5101.46 of the Revised Code. County	130965
departments shall use the funds distributed to them under this	130966
section as follows, in accordance with the written plan of	130967
cooperation entered into under section 307.983 of the Revised	130968
Code:	130969

(1) To assist individuals achieve or maintain	130970
self-sufficiency, including by reducing or preventing dependency	130971
among individuals with family income not exceeding two hundred per	130972
cent of the federal poverty guidelines;	130973

(2) Subject to division (B) of this section, to respond to	130974
reports of abuse, neglect, or exploitation of children and adults,	130975
including through the differential response approach program	130976
developed under Section 309.50.10 of this act;	130977

(3) To provide outreach and referral services regarding home	130978
and community-based services to individuals at risk of placement	130979
in a group home or institution, regardless of the individuals'	130980
family income and without need for a written application;	130981

(4) To provide outreach, referral, application assistance,	130982
and other services to assist individuals receive assistance,	130983
benefits, or services under Medicaid; Title IV-A programs, as	130984
defined in section 5101.80 of the Revised Code; the Supplemental	130985
Nutrition Assistance Program; and other public assistance	130986
programs.	130987

(B) Protective services may be provided to a child or adult	130988
as part of a response, under division (A)(2) of this section, to a	130989
report of abuse, neglect, or exploitation without regard to a	130990
child or adult's family income and without need for a written	130991
application. The protective services may be provided if the case	130992
record documents circumstances of actual or potential abuse,	130993
neglect, or exploitation.	130994

Section 301.160. CHILDREN AND FAMILY SERVICES ACTIVITIES

130995

The foregoing appropriation item 600609, Children and Family	130996
Services Activities, shall be used to expend miscellaneous	130997
foundation funds and grants to support children and family	130998
services activities.	130999

Section 301.170. ADOPTION ASSISTANCE LOAN

131000

Of the foregoing appropriation item 600634, Adoption	131001
Assistance Loan, the Department of Job and Family Services may use	131002
up to ten per cent for administration of adoption assistance loans	131003
pursuant to section 3107.018 of the Revised Code.	131004

Section 301.173. VICTIMS OF HUMAN TRAFFICKING

131005

The foregoing appropriation item 600660, Victims of Human	131006
Trafficking, shall be used to provide treatment, care,	131007
rehabilitation, education, housing, and assistance for victims of	131008
trafficking in persons as specified in section 5101.87 of the	131009
Revised Code. If receipts credited to the Victims of Human	131010
Trafficking Fund (Fund 5NG0) exceed the amounts appropriated to	131011
the fund, the Director of Job and Family Services may request the	131012
Director of Budget and Management to authorize expenditures from	131013
the fund in excess of the amounts appropriated. Upon the approval	131014
of the Director of Budget and Management, the additional amounts	131015
are hereby appropriated.	131016

Section 301.180. FEDERAL UNEMPLOYMENT PROGRAMS

131017

All unexpended funds remaining at the end of fiscal year 2013	131018
that were appropriated and made available to the state under	131019
section 903(d) of the Social Security Act, as amended, in the	131020
foregoing appropriation item 600678, Federal Unemployment Programs	131021
(Fund 3V40), are hereby appropriated to the Department of Job and	131022
Family Services. Upon the request of the Director of Job and	131023
Family Services, the Director of Budget and Management may	131024
increase the appropriation for fiscal year 2014 by the amount	131025
remaining unspent from the fiscal year 2013 appropriation and may	131026
increase the appropriation for fiscal year 2015 by the amount	131027
remaining unspent from the fiscal year 2014 appropriation. The	131028
appropriation shall be used under the direction of the Department	131029
of Job and Family Services to pay for administrative activities	131030
for the Unemployment Insurance Program, employment services, and	131031
other allowable expenditures under section 903(d) of the Social	131032
Security Act, as amended.	131033

The amounts obligated pursuant to this section shall not	131034
exceed at any time the amount by which the aggregate of the	131035
amounts transferred to the account of the state under section	131036
903(d) of the Social Security Act, as amended, exceeds the	131037
aggregate of the amounts obligated for administration and paid out	131038
for benefits and required by law to be charged against the amounts	131039
transferred to the account of the state.	131040

Section 301.190. UNEMPLOYMENT COMPENSATION INTEREST

131041

The foregoing appropriation item 600695, Unemployment	131042
Compensation Interest, shall be used for payment of interest costs	131043
paid to the United States Secretary of the Treasury for the	131044
repayment of accrued interest related to federal unemployment	131045
account borrowing.	131046

Section 301.200. TRAINING ACTIVITIES

131047

Of the foregoing appropriation item 600645, Training	131048
Activities, $8,000,000 shall be used in fiscal year 2014 for the	131049
Workforce Training Pilot Program for the Economically	131050
Disadvantaged established in Section 751.40 of this act. An amount	131051
equal to the unexpended, unencumbered portion of the foregoing	131052
appropriation item 600645, Training Activities, at the end of	131053
fiscal year 2014 is hereby reappropriated for the same purpose for	131054
fiscal year 2015.	131055

Section 303.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

131056

General Revenue Fund	131057

GRF	029321	Operating Expenses	$	455,858	$	456,376	131058
TOTAL GRF General Revenue Fund			$	455,858	$	456,376	131059
TOTAL ALL BUDGET FUND GROUPS			$	455,858	$	456,376	131060

OPERATING GUIDANCE

131061

The Chief Administrative Officer of the House of	131062
Representatives and the Clerk of the Senate shall determine, by	131063
mutual agreement, which of them shall act as fiscal agent for the	131064
Joint Committee on Agency Rule Review. Members of the Committee	131065
shall be paid in accordance with section 101.35 of the Revised	131066
Code.	131067

OPERATING EXPENSES

131068

On July 1, 2013, or as soon as possible thereafter, the	131069
Executive Director of the Joint Committee on Agency Rule Review	131070
may certify to the Director of Budget and Management the amount of	131071
the unexpended, unencumbered balance of the foregoing	131072
appropriation item 029321, Operating Expenses, at the end of	131073
fiscal year 2013 to be reappropriated to fiscal year 2014. The	131074
amount certified is hereby reappropriated to the same	131075
appropriation item for fiscal year 2014.	131076

On July 1, 2014, or as soon as possible thereafter, the	131077
Executive Director of the Joint Committee on Agency Rule Review	131078
may certify to the Director of Budget and Management the amount of	131079
the unexpended, unencumbered balance of the foregoing	131080
appropriation item 029321, Operating Expenses, at the end of	131081
fiscal year 2014 to be reappropriated to fiscal year 2015. The	131082
amount certified is hereby reappropriated to the same	131083
appropriation item for fiscal year 2015.	131084

Section 305.10. JCO JUDICIAL CONFERENCE OF OHIO

131085

General Revenue Fund	131086

GRF	018321		Operating Expenses		$	824,900		$	847,200		131087
TOTAL GRF General Revenue Fund					$	824,900		$	847,200		131088

General Services Fund Group	131089

4030	018601	Ohio Jury Instructions	$	385,000	$	385,000	131090
TOTAL GSF General Services Fund Group			$	385,000	$	385,000	131091
TOTAL ALL BUDGET FUND GROUPS			$	1,209,900	$	1,232,200	131092

STATE COUNCIL OF UNIFORM STATE LAWS

131093

Notwithstanding section 105.26 of the Revised Code, of the	131094
foregoing appropriation item 018321, Operating Expenses, up to	131095
$84,900 in fiscal year 2014 and up to $88,300 in fiscal year 2015	131096
shall be used to pay the expenses of the State Council of Uniform	131097
State Laws, including membership dues to the National Conference	131098
of Commissioners on Uniform State Laws.	131099

OHIO JURY INSTRUCTIONS FUND

131100

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	131101
grants, royalties, dues, conference fees, bequests, devises, and	131102
other gifts received for the purpose of supporting costs incurred	131103
by the Judicial Conference of Ohio in its activities as a part of	131104
the judicial system of the state as determined by the Judicial	131105
Conference Executive Committee. Fund 4030 shall be used by the	131106
Judicial Conference of Ohio to pay expenses incurred in its	131107
activities as a part of the judicial system of the state as	131108
determined by the Judicial Conference Executive Committee. All	131109
moneys accruing to Fund 4030 in excess of $385,000 in fiscal year	131110
2014 and in excess of $385,000 in fiscal year 2015 are hereby	131111
appropriated for the purposes authorized.	131112

No money in Fund 4030 shall be transferred to any other fund	131113
by the Director of Budget and Management or the Controlling Board.	131114

Section 307.10. JSC THE JUDICIARY/SUPREME COURT

131115

General Revenue Fund	131116

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	138,016,534	$	140,232,737	131117
GRF	005406	Law-Related Education	$	236,172	$	236,172	131118
GRF	005409	Ohio Courts Technology Initiative	$	3,350,000	$	3,350,000	131119
TOTAL GRF General Revenue Fund			$	141,602,706	$	143,818,909	131120

General Services Fund Group	131121

6720	005601		Continuing Judicial Education		$	101,392		$	93,563		131122
TOTAL GSF General Services Fund Group					$	101,392		$	93,563		131123

Federal Special Revenue Fund Group	131124

3J00	005603		Federal Grants		$	1,235,900		$	1,252,600		131125
TOTAL FED Federal Special Revenue Fund Group					$	1,235,900		$	1,252,600		131126

State Special Revenue Fund Group	131127

4C80	005605	Attorney Services	$	3,923,101	$	3,915,721	131128
5HT0	005617	Court Interpreter Certification	$	23,000	$	23,000	131129
5JY0	005620	County Law Library Resources Boards	$	258,000	$	258,000	131130
5T80	005609	Grants and Awards	$	25,000	$	25,000	131131
6A80	005606	Supreme Court Admissions	$	1,283,751	$	1,308,025	131132
TOTAL SSR State Special Revenue Fund Group			$	5,512,852	$	5,529,746	131133
TOTAL ALL BUDGET FUND GROUPS			$	148,452,850	$	150,694,818	131134

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

131135

Of the foregoing appropriation item 005321, Operating	131136
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	131137
year may be used to support the functions of the State Criminal	131138
Sentencing Council.	131139

LAW-RELATED EDUCATION

131140

The foregoing appropriation item 005406, Law-Related	131141
Education, shall be distributed directly to the Ohio Center for	131142
Law-Related Education for the purposes of providing continuing	131143
citizenship education activities to primary and secondary	131144
students, expanding delinquency prevention programs, increasing	131145
activities for at-risk youth, and accessing additional public and	131146
private money for new programs.	131147

OHIO COURTS TECHNOLOGY INITIATIVE

131148

The foregoing appropriation item 005409, Ohio Courts	131149
Technology Initiative, shall be used to fund an initiative by the	131150
Supreme Court to facilitate the exchange of information and	131151
warehousing of data by and between Ohio courts and other justice	131152
system partners through the creation of an Ohio Courts Network,	131153
the delivery of technology services to courts throughout the	131154
state, including the provision of hardware, software, and the	131155
development and implementation of educational and training	131156
programs for judges and court personnel, and operation of the	131157
Commission on Technology and the Courts by the Supreme Court for	131158
the promulgation of statewide rules, policies, and uniform	131159
standards, and to aid in the orderly adoption and comprehensive	131160
use of technology in Ohio courts.	131161

CONTINUING JUDICIAL EDUCATION

131162

The Continuing Judicial Education Fund (Fund 6720) shall	131163
consist of fees paid by judges and court personnel for attending	131164
continuing education courses and other gifts and grants received	131165
for the purpose of continuing judicial education. The foregoing	131166
appropriation item 005601, Continuing Judicial Education, shall be	131167
used to pay expenses for continuing education courses for judges	131168
and court personnel. If it is determined by the Administrative	131169
Director of the Supreme Court that additional appropriations are	131170
necessary, the amounts are hereby appropriated.	131171

No money in Fund 6720 shall be transferred to any other fund	131172
by the Director of Budget and Management or the Controlling Board.	131173
Interest earned on money in Fund 6720 shall be credited to the	131174
fund.	131175

FEDERAL GRANTS

131176

The Federal Grants Fund (Fund 3J00) shall consist of grants	131177
and other moneys awarded to the Supreme Court (The Judiciary) by	131178
the United States Government or other entities that receive the	131179
moneys directly from the United States Government and distribute	131180
those moneys to the Supreme Court (The Judiciary). The foregoing	131181
appropriation item 005603, Federal Grants, shall be used in a	131182
manner consistent with the purpose of the grant or award. If it is	131183
determined by the Administrative Director of the Supreme Court	131184
that additional appropriations are necessary, the amounts are	131185
hereby appropriated.	131186

No money in Fund 3J00 shall be transferred to any other fund	131187
by the Director of Budget and Management or the Controlling Board.	131188
However, interest earned on money in Fund 3J00 shall be credited	131189
or transferred to the General Revenue Fund.	131190

ATTORNEY SERVICES

131191

The Attorney Services Fund (Fund 4C80), formerly known as the	131192
Attorney Registration Fund, shall consist of money received by the	131193
Supreme Court (The Judiciary) pursuant to the Rules for the	131194
Government of the Bar of Ohio. In addition to funding other	131195
activities considered appropriate by the Supreme Court, the	131196
foregoing appropriation item 005605, Attorney Services, may be	131197
used to compensate employees and to fund appropriate activities of	131198
the following offices established by the Supreme Court: the Office	131199
of Disciplinary Counsel, the Board of Commissioners on Grievances	131200
and Discipline, the Clients' Security Fund, and the Attorney	131201
Services Division. If it is determined by the Administrative	131202
Director of the Supreme Court that additional appropriations are	131203
necessary, the amounts are hereby appropriated.	131204

No money in Fund 4C80 shall be transferred to any other fund	131205
by the Director of Budget and Management or the Controlling Board.	131206
Interest earned on money in Fund 4C80 shall be credited to the	131207
fund.	131208

COURT INTERPRETER CERTIFICATION

131209

The Court Interpreter Certification Fund (Fund 5HT0) shall	131210
consist of money received by the Supreme Court (The Judiciary)	131211
pursuant to Rules 80 through 87 of the Rules of Superintendence	131212
for the Courts of Ohio. The foregoing appropriation item 005617,	131213
Court Interpreter Certification, shall be used to provide	131214
training, to provide the written examination, and to pay language	131215
experts to rate, or grade, the oral examinations of those applying	131216
to become certified court interpreters. If it is determined by the	131217
Administrative Director that additional appropriations are	131218
necessary, the amounts are hereby appropriated.	131219

No money in Fund 5HT0 shall be transferred to any other fund	131220
by the Director of Budget and Management or the Controlling Board.	131221
Interest earned on money in Fund 5HT0 shall be credited to the	131222
fund.	131223

COUNTY LAW LIBRARY RESOURCES BOARD

131224

The Statewide Consortium of County Law Library Resources	131225
Boards Fund (Fund 5JY0) shall consist of moneys deposited pursuant	131226
to section 307.515 of the Revised Code into a county's law library	131227
resources fund and forwarded by that county's treasurer for	131228
deposit in the state treasury pursuant to division (E)(1) of	131229
section 3375.481 of the Revised Code. The foregoing appropriation	131230
item 005620, County Law Library Resources Board, shall be used for	131231
the operation of the Statewide Consortium of County Law Library	131232
Resources Boards. If it is determined by the Administrative	131233
Director of the Supreme Court that additional appropriations are	131234
necessary, the amounts are hereby appropriated.	131235

No money in Fund 5JY0 shall be transferred to any other fund	131236
by the Director of Budget and Management or the Controlling Board.	131237
Interest earned on money in Fund 5JY0 shall be credited to the	131238
fund.	131239

GRANTS AND AWARDS

131240

The Grants and Awards Fund (Fund 5T80) shall consist of	131241
grants and other money awarded to the Supreme Court (The	131242
Judiciary) by the State Justice Institute, the Division of	131243
Criminal Justice Services, or other entities. The foregoing	131244
appropriation item 005609, Grants and Awards, shall be used in a	131245
manner consistent with the purpose of the grant or award. If it is	131246
determined by the Administrative Director of the Supreme Court	131247
that additional appropriations are necessary, the amounts are	131248
hereby appropriated.	131249

No money in Fund 5T80 shall be transferred to any other fund	131250
by the Director of Budget and Management or the Controlling Board.	131251
However, interest earned on money in Fund 5T80 shall be credited	131252
or transferred to the General Revenue Fund.	131253

SUPREME COURT ADMISSIONS

131254

The foregoing appropriation item 005606, Supreme Court	131255
Admissions, shall be used to compensate Supreme Court employees	131256
who are primarily responsible for administering the attorney	131257
admissions program under the Rules for the Government of the Bar	131258
of Ohio, and to fund any other activities considered appropriate	131259
by the court. Moneys shall be deposited into the Supreme Court	131260
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	131261
Government of the Bar of Ohio. If it is determined by the	131262
Administrative Director of the Supreme Court that additional	131263
appropriations are necessary, the amounts are hereby appropriated.	131264

No money in Fund 6A80 shall be transferred to any other fund	131265
by the Director of Budget and Management or the Controlling Board.	131266
Interest earned on money in Fund 6A80 shall be credited to the	131267
fund.	131268

Section 309.10. LEC LAKE ERIE COMMISSION

131269

Federal Special Revenue Fund Group	131270

3EP0	780603		Lake Erie Federal Grants		$	25,000		$	0		131271
TOTAL FED Federal Special Revenue Fund Group					$	25,000		$	0		131272

State Special Revenue Fund Group	131273

4C00	780601	Lake Erie Protection Fund	$	200,000	$	200,000	131274
5D80	780602	Lake Erie Resources Fund	$	298,942	$	339,637	131275
TOTAL SSR State Special Revenue							131276
Fund Group			$	498,942	$	539,637	131277
TOTAL ALL BUDGET FUND GROUPS			$	523,942	$	539,637	131278

CASH TRANSFERS TO THE LAKE ERIE RESOURCES FUND

131279

On July 1 of each fiscal year, or as soon as possible	131280
thereafter, the Director of Budget and Management may transfer	131281
cash from the funds specified below, up to the amounts specified	131282
below, to the Lake Erie Resources Fund (Fund 5D80). Fund 5D80 may	131283
accept contributions and transfers made to the fund.	131284

Fund	Fund Name	User	FY 2014	FY 2015	131285
5BC0	Environmental Protection	Environmental Protection Agency	$23,500	$53,500	131286
6690	Pesticide, Fertilizer and Lime	Department of Agriculture	$23,500	$53,500	131287
4700	General Operations	Department of Health	$23,500	$53,500	131288
1570	Central Support Indirect	Department of Natural Resources	$23,500	$53,500	131289

On July 1, 2013, or as soon as possible thereafter, the	131290
Director of Budget and Management may transfer $23,500 cash from a	131291
fund used by the Development Services Agency, as specified by the	131292
Director of Development Services, to Fund 5D80.	131293

On July 1, 2014, or as soon as possible thereafter, the	131294
Director of Budget and Management may transfer $53,500 cash from a	131295
fund used by the Development Services Agency, as specified by the	131296
Director of Development Services, to Fund 5D80.	131297

Section 311.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

131298

General Revenue Fund	131299

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		131300
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		131301

General Services Fund Group	131302

4G70	028601	Joint Legislative Ethics Committee	$	150,000	$	150,000	131303
TOTAL GSF General Services Fund Group			$	150,000	$	150,000	131304
TOTAL ALL BUDGET FUND GROUPS			$	700,000	$	700,000	131305

Section 313.10. LSC LEGISLATIVE SERVICE COMMISSION

131306

General Revenue Fund	131307

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	131308
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	131309
GRF	035405	Correctional Institution Inspection Committee	$	460,845	$	460,845	131310
GRF	035407	Legislative Task Force on Redistricting	$	320,000	$	400,000	131311
GRF	035409	National Associations	$	460,560	$	460,560	131312
GRF	035410	Legislative Information Systems	$	3,861,250	$	3,861,250	131313
GRF	035411	Ohio Constitutional Modernization Commission	$	750,000	$	750,000	131314
TOTAL GRF General Revenue Fund			$	21,992,475	$	22,072,475	131315

General Services Fund Group	131316

4100	035601	Sale of Publications	$	10,000	$	10,000	131317
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	131318
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	131319
TOTAL GSF General Services							131320
Fund Group			$	240,000	$	240,000	131321
TOTAL ALL BUDGET FUND GROUPS			$	22,232,475	$	22,312,475	131322

OPERATING EXPENSES

131323

On July 1, 2013, or as soon as possible thereafter, the	131324
Director of the Legislative Service Commission may certify to the	131325
Director of Budget and Management the amount of the unexpended,	131326
unencumbered balance of the foregoing appropriation item 035321,	131327
Operating Expenses, at the end of fiscal year 2013 to be	131328
reappropriated to fiscal year 2014. The amount certified is hereby	131329
reappropriated to the same appropriation item for fiscal year	131330
2014.	131331

On July 1, 2014, or as soon as possible thereafter, the	131332
Director of the Legislative Service Commission may certify to the	131333
Director of Budget and Management the amount of the unexpended,	131334
unencumbered balance of the foregoing appropriation item 035321,	131335
Operating Expenses, at the end of fiscal year 2014 to be	131336
reappropriated to fiscal year 2015. The amount certified is hereby	131337
reappropriated to the same appropriation item for fiscal year	131338
2015.	131339

LEGISLATIVE TASK FORCE ON REDISTRICTING

131340

An amount equal to the unexpended, unencumbered portion of	131341
the foregoing appropriation item 035407, Legislative Task Force on	131342
Redistricting, at the end of fiscal year 2013 is hereby	131343
reappropriated to the Legislative Service Commission for the same	131344
purpose for fiscal year 2014.	131345

An amount equal to the unexpended, unencumbered portion of	131346
the foregoing appropriation item 035407, Legislative Task Force on	131347
Redistricting, at the end of fiscal year 2014 is hereby	131348
reappropriated to the Legislative Service Commission for the same	131349
purpose for fiscal year 2015.	131350

LEGISLATIVE INFORMATION SYSTEMS

131351

On July 1, 2013, or as soon as possible thereafter, the	131352
Director of the Legislative Service Commission may certify to the	131353
Director of Budget and Management the amount of the unexpended,	131354
unencumbered balance of the foregoing appropriation item 035410,	131355
Legislative Information Systems, at the end of fiscal year 2013 to	131356
be reappropriated to fiscal year 2014. The amount certified is	131357
hereby reappropriated to the same appropriation item for fiscal	131358
year 2014.	131359

On July 1, 2014, or as soon as possible thereafter, the	131360
Director of the Legislative Service Commission may certify to the	131361
Director of Budget and Management the amount of the unexpended,	131362
unencumbered balance of the foregoing appropriation item 035410,	131363
Legislative Information Systems, at the end of fiscal year 2014 to	131364
be reappropriated to fiscal year 2015. The amount certified is	131365
hereby reappropriated to the same appropriation item for fiscal	131366
year 2015.	131367

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

131368

The foregoing appropriation item 035411, Ohio Constitutional	131369
Modernization Commission, shall be used to support the operation	131370
and expenses of the Ohio Constitutional Modernization Commission	131371
under sections 103.61 to 103.67 of the Revised Code.	131372

An amount equal to the unexpended, unencumbered portion of	131373
the foregoing appropriation item 035411, Ohio Constitutional	131374
Modernization Commission, at the end of fiscal year 2013 is hereby	131375
reappropriated to the Legislative Service Commission for the same	131376
purpose for fiscal year 2014.	131377

An amount equal to the unexpended, unencumbered portion of	131378
the foregoing appropriation item 035411, Ohio Constitutional	131379
Modernization Commission, at the end of fiscal year 2014 is hereby	131380
reappropriated to the Legislative Service Commission for the same	131381
purpose for fiscal year 2015.	131382

Section 315.10. LIB STATE LIBRARY BOARD

131383

General Revenue Fund	131384

GRF	350321	Operating Expenses	$	5,057,364	$	5,057,364	131385
GRF	350401	Ohioana Rental Payments	$	120,114	$	120,114	131386
GRF	350502	Regional Library Systems	$	582,469	$	582,469	131387
TOTAL GRF General Revenue Fund			$	5,759,947	$	5,759,947	131388

General Services Fund Group	131389

1390	350602	Intra-Agency Service Charges	$	8,000	$	8,000	131390
4590	350603	Library Service Charges	$	3,237,430	$	3,526,368	131391
4S40	350604	Ohio Public Library Information Network	$	5,689,788	$	5,689,788	131392
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	131393
TOTAL GSF General Services							131394
Fund Group			$	10,209,412	$	10,498,350	131395

Federal Special Revenue Fund Group	131396

3130	350601	LSTA Federal	$	5,303,693	$	5,120,439	131397
TOTAL FED Federal Special Revenue							131398
Fund Group			$	5,303,693	$	5,120,439	131399
TOTAL ALL BUDGET FUND GROUPS			$	21,273,052	$	21,378,736	131400

OHIOANA RENTAL PAYMENTS

131401

The foregoing appropriation item 350401, Ohioana Rental	131402
Payments, shall be used to pay the rental expenses of the Martha	131403
Kinney Cooper Ohioana Library Association under section 3375.61 of	131404
the Revised Code.	131405

REGIONAL LIBRARY SYSTEMS

131406

The foregoing appropriation item 350502, Regional Library	131407
Systems, shall be used to support regional library systems	131408
eligible for funding under sections 3375.83 and 3375.90 of the	131409
Revised Code.	131410

OHIO PUBLIC LIBRARY INFORMATION NETWORK

131411

(A) The foregoing appropriation item 350604, Ohio Public	131412
Library Information Network, shall be used for an information	131413
telecommunications network linking public libraries in the state	131414
and such others as may participate in the Ohio Public Library	131415
Information Network (OPLIN).	131416

The Ohio Public Library Information Network Board of Trustees	131417
created under section 3375.65 of the Revised Code may make	131418
decisions regarding use of the foregoing appropriation item	131419
350604, Ohio Public Library Information Network.	131420

(B) The OPLIN Board shall research and assist or advise local	131421
libraries with regard to emerging technologies and methods that	131422
may be effective means to control access to obscene and illegal	131423
materials. The OPLIN Director shall provide written reports upon	131424
request within ten days to the Governor, the Speaker and Minority	131425
Leader of the House of Representatives, and the President and	131426
Minority Leader of the Senate on any steps being taken by OPLIN	131427
and public libraries in the state to limit and control such	131428
improper usage as well as information on technological, legal, and	131429
law enforcement trends nationally and internationally affecting	131430
this area of public access and service.	131431

(C) The Ohio Public Library Information Network, INFOhio, and	131432
OhioLINK shall, to the extent feasible, coordinate and cooperate	131433
in their purchase or other acquisition of the use of electronic	131434
databases for their respective users and shall contribute funds in	131435
an equitable manner to such effort.	131436

LIBRARY FOR THE BLIND

131437

The foregoing appropriation item 350605, Library for the	131438
Blind, shall be used for the statewide Talking Book Program to	131439
assist the blind and disabled.	131440

TRANSFER TO OPLIN TECHNOLOGY FUND

131441

Notwithstanding sections 5747.03 and 5747.47 of the Revised	131442
Code and any other provision of law to the contrary, in accordance	131443
with a schedule established by the Director of Budget and	131444
Management, the Director of Budget and Management shall transfer	131445
$5,689,788 cash in each fiscal year from the Public Library Fund	131446
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	131447

TRANSFER TO LIBRARY FOR THE BLIND FUND

131448

Notwithstanding sections 5747.03 and 5747.47 of the Revised	131449
Code and any other provision of law to the contrary, in accordance	131450
with a schedule established by the Director of Budget and	131451
Management, the Director of Budget and Management shall transfer	131452
$1,274,194 cash in each fiscal year from the Public Library Fund	131453
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	131454

Section 317.10. LCO LIQUOR CONTROL COMMISSION

131455

State Special Revenue Fund Group	131456

5LP0	970601	Commission Operating Expenses	$	784,376	$	796,368	131457
TOTAL SSR State Special Revenue Fund Group			$	784,376	$	796,368	131458
TOTAL ALL BUDGET FUND GROUPS			$	784,376	$	796,368	131459

Section 319.10. LOT STATE LOTTERY COMMISSION

131461

State Lottery Fund Group	131462

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	131463
7044	950321	Operating Expenses	$	49,778,677	$	51,173,293	131464
7044	950402	Advertising Contracts	$	23,024,080	$	23,024,080	131465
7044	950403	Gaming Contracts	$	63,405,851	$	59,356,988	131466
7044	950601	Direct Prize Payments	$	116,281,000	$	114,779,000	131467
7044	950605	Problem Gambling	$	2,000,000	$	3,000,000	131468
8710	950602	Annuity Prizes	$	79,039,985	$	80,299,167	131469
TOTAL SLF State Lottery Fund							131470
Group			$	335,475,593	$	333,578,528	131471
TOTAL ALL BUDGET FUND GROUPS			$	335,475,593	$	333,578,528	131472

OPERATING EXPENSES

131473

Notwithstanding sections 127.14 and 131.35 of the Revised	131474
Code, the Controlling Board may, at the request of the State	131475
Lottery Commission, authorize expenditures from the State Lottery	131476
Fund in excess of the amounts appropriated, up to a maximum of 10	131477
per cent of anticipated total revenue accruing from the sale of	131478
lottery products. Upon the approval of the Controlling Board, the	131479
additional amounts are hereby appropriated.	131480

DIRECT PRIZE PAYMENTS

131481

Any amounts, in addition to the amounts appropriated in	131482
appropriation item 950601, Direct Prize Payments, that the	131483
Director of the State Lottery Commission determines to be	131484
necessary to fund prizes are hereby appropriated.	131485

ANNUITY PRIZES

131486

Upon request of the State Lottery Commission, the Director of	131487
Budget and Management may transfer cash from the State Lottery	131488
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	131489
an amount sufficient to fund deferred prizes. The Treasurer of	131490
State, from time to time, shall credit the Deferred Prizes Trust	131491
Fund (Fund 8710) the pro rata share of interest earned by the	131492
Treasurer of State on invested balances.	131493

Any amounts, in addition to the amounts appropriated in	131494
appropriation item 950602, Annuity Prizes, that the Director of	131495
the State Lottery Commission determines to be necessary to fund	131496
deferred prizes and interest earnings are hereby appropriated.	131497

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

131498

Estimated transfers from the State Lottery Fund (Fund 7044)	131499
to the Lottery Profits Education Fund (Fund 7017) are to be	131500
$841,000,000 in fiscal year 2014 and $974,500,000 in fiscal year	131501
2015. The Director of Budget and Management shall transfer such	131502
amounts contingent upon the availability of resources. Transfers	131503
from the State Lottery Fund to the Lottery Profits Education Fund	131504
shall represent the estimated net income from operations for the	131505
Commission in fiscal year 2014 and fiscal year 2015. Transfers by	131506
the Director of Budget and Management to the Lottery Profits	131507
Education Fund shall be administered as the statutes direct.	131508

Section 321.10. MHC MANUFACTURED HOMES COMMISSION

131509

General Services Fund Group	131510

4K90	996609	Operating Expenses	$	459,134	$	459,134	131511
TOTAL GSF General Services							131512
Fund Group			$	459,134	$	459,134	131513

State Special Revenue Fund Group	131514

5MC0	996610	Manufactured Homes Regulation	$	747,825	$	747,825	131515
TOTAL SSR State Special Revenue Fund Group			$	747,825	$	747,825	131516
TOTAL ALL BUDGET FUND GROUPS			$	1,206,959	$	1,206,959	131517

Section 323.10. MCD DEPARTMENT OF MEDICAID

131519

General Revenue Fund	131520

GRF	651425	Medicaid Program Support - State	$	149,932,299	$	156,514,636	131521
GRF	651525	Medicaid/Health Care Services					131522
		State	$	4,746,891,777	$	4,990,922,135	131523
		Federal	$	8,999,112,239	$	9,313,588,718	131524
		Medicaid/Health Care Services Total	$	13,746,004,016	$	14,304,510,853	131525
GRF	651526	Medicare Part D	$	308,749,142	$	324,920,518	131526
TOTAL GRF General Revenue Fund							131527
		State	$	5,205,573,218	$	5,472,357,289	131528
		Federal	$	8,999,112,239	$	9,313,588,718	131529
		GRF Total	$	14,204,685,457	$	14,785,946,007	131530

General Services Fund Group	131531

5DL0	651639	Medicaid Services - Recoveries	$	462,900,000	$	514,700,000	131532
5FX0	561638	Medicaid Services - Payment Withholding	$	6,000,000	$	6,000,000	131533
TOTAL GSF General Services Fund Group			$	468,900,000	$	520,700,000	131534

Federal Special Revenue Fund Group	131535

3ER0	651603	Medicaid Health Information Technology	$	123,074,778	$	123,089,606	131536
3F00	651623	Medicaid Services - Federal	$	2,977,109,943	$	3,214,589,109	131537
3F00	651624	Medicaid Program Support - Federal	$	409,446,401	$	409,773,399	131538
3FA0	651680	Health Care Grants - Federal	$	20,000,000	$	20,000,000	131539
3G50	651655	Medicaid Interagency Pass-Through	$	1,712,881,658	$	1,895,403,348	131540
TOTAL FED Federal Special Revenue Fund Group			$	5,242,512,780	$	5,662,855,462	131541

State Special Revenue Fund Group	131542

4E30	651605	Resident Protection Fund	$	2,878,319	$	2,878,319	131543
5AJ0	651631	Money Follows the Person	$	5,555,000	$	4,517,500	131544
5GF0	651656	Medicaid Services - Hospitals/UPL	$	531,273,601	$	531,273,601	131545
5KC0	651682	Health Care Grants - State	$	10,000,000	$	10,000,000	131546
5R20	651608	Medicaid Services - Long Term Care	$	402,000,000	$	402,000,000	131547
5U30	651654	Medicaid Program Support	$	36,205,843	$	35,403,126	131548
6510	651649	Medicaid Services - HCAP	$	215,527,947	$	215,314,482	131549
TOTAL SSR State Special Revenue Fund Group			$	1,203,440,710	$	1,201,387,028	131550

Holding Account Redistribution Fund Group	131551

R055	651644	Refunds and Reconciliations	$	1,000,0000	$	1,000,000	131552
TOTAL 090 Holding Account Redistribution Fund Group			$	1,000,000	$	1,000,000	131553
TOTAL ALL BUDGET FUND GROUPS			$	21,120,538,947	$	22,171,888,497	131554

Section 323.10.10. CREATION OF THE DEPARTMENT OF MEDICAID

131556

(A) As used in this section, "medical assistance program"	131557
means all of the following:	131558

(1) The Medicaid program established by Title XIX of the	131559
"Social Security Act," 42 U.S.C. 1396 et seq.	131560

(2) The Children's Health Insurance Program authorized by	131561
Title XXI of the "Social Security Act," 42 U.S.C. 1397aa et seq.	131562

(3) The Refugee Medical Assistance program authorized by the	131563
"Immigration and Nationality Act," section 412(e), 42 U.S.C.	131564
1522(e).	131565

(B) On July 1, 2013, all of the following apply:

131566

(1) The Department of Medicaid is created.

131567

(2) The Department of Medicaid is to be administered by the	131568
Medicaid Director who is to be appointed by the Governor with the	131569
advice and consent of the Senate.	131570

(3) The Medicaid Director is to hold the Director's office	131571
during the term of the appointing Governor and is subject to	131572
removal at the pleasure of the Governor.	131573

(4) The Medicaid Director is the executive head of the	131574
Department of Medicaid and all duties conferred on the Department	131575
by law or order of the Director are under the Director's control	131576
and shall be performed in accordance with rules the Director	131577
adopts.	131578

(5) The Medicaid Director may appoint such employees as are	131579
necessary for the efficient operation of the Department of	131580
Medicaid and may prescribe the title and duties of the employees.	131581

(6) The Office of Medical Assistance shall cease to exist.

131582

(7) Each reference to the Department or Director of Public	131583
Welfare, Department or Director of Human Services, Department or	131584
Director of Job and Family Services, Office of Medical Assistance,	131585
or Medical Assistance Director in any statute, rule, contract,	131586
grant, or other document is deemed to refer to the Department of	131587
Medicaid or Medicaid Director, as the case may be, to the extent	131588
the reference is about a duty or authority of the Department of	131589
Medicaid or Medicaid Director regarding a medical assistance	131590
program.	131591

(8) Employees of the Office of Medical Assistance are hereby	131592
transferred to the Department of Medicaid. The vehicles and	131593
equipment assigned to the Office's employees are transferred to	131594
the Department.	131595

(9) The assets, liabilities, other equipment not provided	131596
for, and records, irrespective of form or medium, of the Office of	131597
Medical Assistance are transferred to the Department of Medicaid.	131598
The Department is the successor to, assumes the obligations of,	131599
and otherwise constitutes the continuation of, the Office.	131600

(10) Business commenced but not completed on July 1, 2013, by	131601
the Medical Assistance Director, the Office of Medical Assistance,	131602
Director of Job and Family Services, or Department of Job and	131603
Family Services regarding a medical assistance program shall be	131604
completed by the Medicaid Director or Department of Medicaid in	131605
the same manner, and with the same effect, as if completed by the	131606
Medical Assistance Director, Office of Medical Assistance,	131607
Director of Job and Family Services, or Department of Job and	131608
Family Services. No validation, cure, right, privilege, remedy,	131609
obligation, or liability is lost or impaired by reason of the	131610
transfer required by this section but shall be administered by the	131611
Medicaid Director or Department of Medicaid.	131612

(11) For the purpose of the "Social Security Act," section	131613
1902(a)(5), 42 U.S.C. 1396a(a)(5), the Department of Medicaid	131614
shall act as the single state agency to supervise the	131615
administration of the Medicaid program. As the single state	131616
agency, the Department shall comply with 42 C.F.R. 431.10(e) and	131617
all other federal requirements applicable to the single state	131618
agency.	131619

(D) The rules, orders, and determinations pertaining to the	131620
Office of Medical Assistance and Department of Job and Family	131621
Services regarding medical assistance programs continue in effect	131622
as rules, orders, and determinations of the Department of Medicaid	131623
until modified or rescinded by the Department of Medicaid.	131624

(E) No judicial or administrative action or proceeding	131625
pending on July 1, 2013, is affected by the transfer of functions	131626
from the Medical Assistance Director, Office of Medical	131627
Assistance, Director of Job and Family Services, or Department of	131628
Job and Family Services to the Medicaid Director or Department of	131629
Medicaid and shall be prosecuted or defended in the name of the	131630
Medicaid Director or Department of Medicaid. On application to the	131631
court or other tribunal, the Medicaid Director or Department of	131632
Medicaid shall be substituted as a party in such actions and	131633
proceedings.	131634

(F) When the Department of Medicaid created in section 121.02	131635
of the Revised Code comes into effect, it is a continuation of the	131636
Department of Medicaid created in this section.	131637

(G) A portion of the foregoing appropriation items 651425,	131638
Medicaid Program Support – State, 651525, Medicaid/Health Care	131639
Services, 651526, Medicare Part D, 651639, Medicaid Services –	131640
Recoveries, 651638, Medicaid Services - Payment Withholding,	131641
651603, Medicaid Health Information Technology, 651623, Medicaid	131642
Services – Federal, 651624, Medicaid Program Support – Federal,	131643
651680 Health Care Grants – Federal, 651655, Medicaid Interagency	131644
Pass-Through, 651605, Resident Protection Fund, 651631, Money	131645
Follows the Person, 651656, Medicaid Services – Hospitals/UPL,	131646
651682, Health Care Grants – State, 651608, Medicaid Services –	131647
Long Term Care, 651654, Medicaid Program Support, 651649, Medicaid	131648
Services – HCAP, 651644, Refunds and Reconciliations, and 651612,	131649
Managed Care Performance Payments, may be used to pay for Medicaid	131650
services and costs associated with the administration of the	131651
Medicaid program.	131652

Section 323.10.20. TRANSFER OF ENCUMBRANCES AND RECEIVABLES

131653

On July 1, 2013, or as soon as possible thereafter, the	131654
Medicaid Director shall certify to the Director of Budget and	131655
Management all medical assistance-related encumbrances held by the	131656
Department of Job and Family Services, and specify which of those	131657
encumbrances are requested to be transferred to the Department of	131658
Medicaid. The Director of Budget and Management may cancel any	131659
existing encumbrances, as certified by the Medicaid Director, and	131660
reestablish them in the Department of Medicaid. The reestablished	131661
encumbrance amounts are hereby appropriated. Any business	131662
commenced, but not completed, with regard to the encumbrances	131663
certified shall be completed by the Department of Medicaid in the	131664
same manner and with the same effect as if it were completed by	131665
the Department of Job and Family Services.	131666

On July 1, 2013, or as soon as possible thereafter, the	131667
Medicaid Director shall certify to the Director of Budget and	131668
Management all medical assistance-related receivables held by the	131669
Department of Job and Family Services, and specify which of those	131670
receivables are requested to be transferred to the Department of	131671
Medicaid. The Director of Budget and Management may cancel any	131672
existing receivables as certified by the Medicaid Director and	131673
reestablish them in the Department of Medicaid.	131674

A portion of the foregoing appropriation items 651425,	131675
Medicaid Program Support – State, 651525, Medicaid/Health Care	131676
Services, 651639, Medicaid Services – Recoveries, 651638, Medicaid	131677
Services-Payment Withholding, 651624, Medicaid Program Support –	131678
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	131679
Interagency Pass-Through, 651605, Resident Protection Fund,	131680
651631, Money Follows the Person, 651656, Medicaid Services –	131681
Hospitals/UPL, 651682, Health Care Grants – State, 651608,	131682
Medicaid Services – Long Term Care, 651654, Medicaid Program	131683
Support, and 651649, Medicaid Services – HCAP, may be used to pay	131684
for medical assistance services and costs associated with the	131685
administration of the Medicaid program.	131686

Section 323.10.30. TEMPORARY AUTHORITY REGARDING EMPLOYEES

131687

(A) As used in this section, "medical assistance program" has	131688
the same meaning as in the section of this act titled "CREATION OF	131689
THE DEPARTMENT OF MEDICAID."	131690

(B) During the period beginning July 1, 2013, and ending June	131691
30, 2015, all of the following apply:	131692

(1) The Medicaid Director has the authority to establish,	131693
change, and abolish positions for the Department of Medicaid, and	131694
to assign, reassign, classify, reclassify, transfer, reduce,	131695
promote, or demote all employees of the Department of Medicaid who	131696
are not subject to Chapter 4117. of the Revised Code.	131697

(2) As part of the transfer of medical assistance programs to	131698
the Department of Medicaid, the Director of Job and Family	131699
Services has the authority to establish, change, and abolish	131700
positions for the Department of Job and Family Services, and to	131701
assign, reassign, classify, reclassify, transfer, reduce, promote,	131702
or demote all employees of the Department of Job and Family	131703
Services who are not subject to Chapter 4117. of the Revised Code.	131704

(C) The authority granted under division (B) of this section	131705
includes assigning or reassigning an exempt employee, as defined	131706
in section 124.152 of the Revised Code, to a bargaining unit	131707
classification if the Medicaid Director or Director of Job and	131708
Family Services determines that the bargaining unit classification	131709
is the proper classification for that employee. The actions of the	131710
Medicaid Director or Director of Job and Family Services shall be	131711
consistent with the requirements of 5 C.F.R. 900.603 for those	131712
employees subject to such requirements. If an employee in the E-1	131713
pay range is to be assigned, reassigned, classified, reclassified,	131714
transferred, reduced, or demoted to a position in a lower	131715
classification during the period specified in this section, the	131716
Medicaid Director or Director of Job and Family Services, or in	131717
the case of a transfer outside the Department of Medicaid or	131718
Department of Job and Family Services, the Director of	131719
Administrative Services, shall assign the employee to the	131720
appropriate classification and place the employee in Step X. The	131721
employee shall not receive any increase in compensation until the	131722
maximum rate of pay for that classification exceeds the employee's	131723
compensation.	131724

(D) Actions taken by the Medicaid Director, Director of Job	131725
and Family Services, and Director of Administrative Services	131726
pursuant to this section are not subject to appeal to the State	131727
Personnel Board of Review.	131728

(E) A portion of the foregoing appropriation items 651425,	131729
Medicaid Program Support – State, 651603, Medicaid Health	131730
Information Technology, 651624, Medicaid Program Support –	131731
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	131732
Interagency Pass-Through, 651605, Resident Protection Fund,	131733
651631, Money Follows the Person, 651682, Health Care Grants –	131734
State, and 651654, Medicaid Program Support, may be used to pay	131735
for costs associated with the administration of the Medicaid	131736
program, including the assignment, reassignment, classification,	131737
reclassification, transfer, reduction, promotion, or demotion of	131738
employees authorized by this section.	131739

Section 323.10.40. STAFF TRAINING REGARDING TRANSFERS

131740

As used in this section, "medical assistance program" has the	131741
same meaning as in the section of this act titled "CREATION OF THE	131742
DEPARTMENT OF MEDICAID."	131743

The Medicaid Director and Director of Job and Family Services	131744
may jointly or separately enter into one or more contracts with	131745
public or private entities for staff training and development to	131746
facilitate the transfer of the staff and duties regarding medical	131747
assistance programs to the Department of Medicaid. Division (B) of	131748
section 127.16 of the Revised Code does not apply to contracts	131749
entered into under this section.	131750

A portion of the foregoing appropriation items 651425,	131751
Medicaid Program Support – State, 651624, Medicaid Program Support	131752
– Federal, 651680, Health Care Grants – Federal, 651605, Resident	131753
Protection Fund, 651631, Money Follows the Person, and 651654,	131754
Medicaid Program Support, may be used to pay for costs associated	131755
with the administration of the Medicaid program, including staff	131756
training authorized under this section.	131757

Section 323.10.50. CREATION OF THE DEPARTMENT OF MEDICAID NOT	131758
A COLLECTIVE BARGAINING SUBJECT	131759

As used in this section, "medical assistance program" has the	131760
same meaning as in the section of this act titled "CREATION OF THE	131761
DEPARTMENT OF MEDICAID."	131762

Notwithstanding sections 4117.08 and 4117.10 of the Revised	131763
Code, this act's creation of the Department of Medicaid and	131764
reassignment of the functions and duties of the Office of Medical	131765
Assistance regarding medical assistance programs are not	131766
appropriate subjects for collective bargaining under Chapter 4117.	131767
of the Revised Code.	131768

A portion of the foregoing appropriation items 651425,	131769
Medicaid Program Support – State, 651624, Medicaid Program Support	131770
– Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	131771
Interagency Pass-Through, 651605, Resident Protection Fund,	131772
651631, Money Follows the Person, 651682, Health Care Grants –	131773
State, and 651654, Medicaid Program Support, may be used to pay	131774
for costs associated with the administration of the Medicaid	131775
program, including the reassignment of functions and duties	131776
related to the transition of the Office of Medical Assistance into	131777
the Department of Medicaid.	131778

Section 323.10.60. NEW AND AMENDED GRANT AGREEMENTS

131779

(A) As used in this section:

131780

(1) "Grant agreement" has the same meaning as in section	131781
5101.21 of the Revised Code.	131782

(2) "Medical assistance program" has the same meaning as in	131783
the section of this act titled "CREATION OF THE DEPARTMENT OF	131784
MEDICAID."	131785

(B) The Director of Job and Family Services and boards of	131786
county commissioners may enter into negotiations to amend an	131787
existing grant agreement or to enter into a new grant agreement	131788
regarding the transfer of medical assistance programs to the	131789
Department of Medicaid. Any such amended or new grant agreement	131790
shall be drafted in the name of the Department of Job and Family	131791
Services. The amended or new grant agreement may be executed	131792
before July 1, 2013, if the amendment or agreement does not become	131793
effective sooner than that date.	131794

(C) A portion of the foregoing appropriation items 651525,	131795
Health Care/Medicaid Services, 651603, Medicaid Health Information	131796
Technology, 651623, Medicaid Services – Federal, 651624, Medicaid	131797
Program Support – Federal, 651680, Health Care Grants – Federal,	131798
and 651682, Health Care Grants - State, may be used to pay for	131799
Medicaid services and costs associated with the administration of	131800
the Medicaid program.	131801

Section 323.10.70. LSC TO RENUMBER ADMINISTRATIVE RULES

131802

On and after October 1, 2013, if necessary to ensure the	131803
integrity of the numbering of the Administrative Code, the	131804
Director of the Legislative Service Commission shall renumber the	131805
rules of the Office of Medical Assistance within the Department of	131806
Job and Family Services to reflect its transfer to the Department	131807
of Medicaid.	131808

Section 323.20. MEDICAID/HEALTH CARE SERVICES

131809

The foregoing appropriation item 651525, Medicaid/Health Care	131810
Services, shall not be limited by section 131.33 of the Revised	131811
Code.	131812

Section 323.30. QUALITY INCENTIVE PROGRAM TO REDUCE	131813
AVOIDABLE ADMISSIONS	131814

(A) The Department of Medicaid may implement, for fiscal year	131815
2014 and fiscal year 2015, a quality incentive program to do both	131816
of the following:	131817

(1) Reduce the number of times that the following persons are	131818
admitted to hospitals and nursing facilities or utilize emergency	131819
department services when the admissions or utilizations are	131820
avoidable:	131821

(a) Medicaid recipients enrolled in a home and	131822
community-based services Medicaid waiver component administered by	131823
the Office;	131824

(b) Medicaid recipients receiving nursing services available	131825
under the home health services benefit pursuant to 42 C.F.R.	131826
440.70(b)(1);	131827

(c) Medicaid recipients receiving home health aide services	131828
available under the home health services benefit pursuant to 42	131829
C.F.R. 440.70(b)(2);	131830

(d) Medicaid recipients receiving private duty nursing	131831
services as defined in 42 C.F.R. 440.80.	131832

(2) Reduce the number of times that Medicaid recipients	131833
receiving nursing facility services are admitted to hospitals or	131834
utilize emergency department services when the admissions or	131835
utilizations are avoidable.	131836

(B) If the quality incentive program is implemented, the	131837
Department shall include in the program methods by which the	131838
Department will determine the program's actual savings to the	131839
Medicaid program and shall distribute not more than fifty per cent	131840
of the savings to participating Medicaid providers.	131841

Section 323.40. CHILDREN'S HOSPITALS QUALITY OUTCOMES	131842
PROGRAM	131843

(A) As used in this section, "children's hospital" means a	131844
hospital, as defined in section 3727.01 of the Revised Code, that	131845
is located in this state, primarily serves patients eighteen years	131846
of age and younger, is subject to the Medicaid prospective payment	131847
system for hospitals established in rules adopted under section	131848
5164.02 of the Revised Code, and is excluded from Medicare	131849
prospective payments in accordance with 42 C.F.R. 412.23(d).	131850

(B) The Medicaid Director may implement, during fiscal year	131851
2014 and fiscal year 2015, a children's hospitals quality outcomes	131852
program that encourages children's hospitals to develop the	131853
following:	131854

(1) Infrastructures that are needed to care for patients in	131855
the least restrictive setting and promote the care of patients and	131856
their families;	131857

(2) Programs designed to improve birth outcomes and	131858
measurably reduce neonatal intensive care admissions;	131859

(3) Patient-centered methods to measurably reduce utilization	131860
of emergency department services for primary care needs and	131861
nonemergency health conditions;	131862

(4) Other quality-focused reforms the Director identifies.

131863

(C) Up to $6,000,000 state share plus the corresponding	131864
federal share in each fiscal year shall be used to support	131865
payments made to children's hospitals for developing programs that	131866
achieve the outcomes specified under division (B) of this section	131867
and any other measures the Medicaid Director deems appropriate.	131868

Section 323.43. HOSPITAL READMISSIONS PROGRAM ADVISORY	131869
WORKGROUP	131870

There is hereby created for fiscal year 2014 and fiscal year	131871
2015 the Hospital Readmissions Program Advisory Workgroup. The	131872
Workgroup shall serve in an advisory capacity in the state's	131873
development and implementation of a hospital readmissions program	131874
that improves patient outcomes and rewards providers' success in	131875
lowering hospital readmission rates.	131876

The Workgroup shall be convened by the Medicaid Director. It	131877
shall consist of individuals selected to serve as members by the	131878
Ohio Hospital Association, the Ohio Children's Hospital	131879
Association, and the Medicaid Director.	131880

The Medicaid Director or the Director's designee shall serve	131881
as chairperson of the Workgroup. The Department of Medicaid shall	131882
provide staff and other support services for the Workgroup.	131883

The Workgroup, with the assistance of the Department of	131884
Medicaid, shall submit two reports to the General Assembly	131885
regarding a hospital readmissions program. The first report shall	131886
be submitted not later than July 1, 2014. The second report shall	131887
be submitted not later than July 1, 2015. A report due before the	131888
hospital readmissions program is established shall discuss the	131889
progress being made in establishing the program. A report due	131890
after the program is established shall discuss the program's	131891
effectiveness.	131892

Section 323.50. UNIFIED LONG TERM CARE

131893

The foregoing appropriation item 651425, Medicaid Program	131894
Support - State, may be used to provide the preadmission screening	131895
and resident review (PASRR), which includes screening,	131896
assessments, and determinations made under sections 5119.061	131897
(renumbered section 5119.40 of the Revised Code in this act),	131898
5123.021, and 5165.04 of the Revised Code.	131899

The foregoing appropriation item 651425, Medicaid Program	131900
Support - State, may be used to assess and provide long-term care	131901
consultations under section 173.42 of the Revised Code to clients	131902
regardless of Medicaid eligibility.	131903

The foregoing appropriation item 651525, Medicaid/Health Care	131904
Services, may be used to provide nonwaiver funded PASSPORT and	131905
assisted living services to persons who the state department has	131906
determined to be eligible to participate in the nonwaiver funded	131907
PASSPORT and assisted living programs, who applied for but have	131908
not yet been determined to be financially eligible to participate	131909
in the Medicaid waiver component of the PASSPORT Home Care Program	131910
or the Assisted Living Program by a county department of job and	131911
family services, and to persons who are not eligible for Medicaid	131912
but were enrolled in the PASSPORT Program prior to July 1, 1990.	131913

The foregoing appropriation item 651425, Medicaid Program	131914
Support - State, shall be used to provide the required state match	131915
for federal Medicaid funds supporting the Medicaid waiver-funded	131916
PASSPORT Home Care Program, the Choices Program, the Assisted	131917
Living Program, and the PACE Program.	131918

The foregoing appropriation item 651525, Medicaid/Health Care	131919
Services, shall be used to provide the federal matching share of	131920
program costs determined by the Office of Medical Assistance to be	131921
eligible for Medicaid reimbursement for the Medicaid waiver-funded	131922
PASSPORT Home Care Program, the Choices Program, the Assisted	131923
Living Program, and the PACE Program.	131924

Section 323.53. PASSPORT ADMINISTRATIVE AGENCY SITE	131925
OPERATIONS	131926

For fiscal year 2014 and fiscal year 2015, spending for	131927
PASSPORT administrative agencies' site operating functions	131928
relating to screening, assessments, general administrative, and	131929
provider relations for the Medicaid waiver-funded PASSPORT Home	131930
Care Program, Choices Program, Assisted Living Program, and PACE	131931
Program shall be at one hundred five per cent of the level	131932
provided in fiscal year 2013.	131933

Section 323.60. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

131934

At the beginning of each quarter, or as soon as possible	131935
thereafter, the Medicaid Director shall certify to the Director of	131936
Budget and Management the amount withheld in accordance with	131937
section 5167.30 of the Revised Code for purposes of the Managed	131938
Care Performance Payment Program. Upon receiving certification,	131939
the Director of Budget and Management shall transfer cash in the	131940
amount certified from the General Revenue Fund to the Managed Care	131941
Performance Payment Fund. Appropriation item 651525,	131942
Medicaid/Health Care Services, is hereby reduced by the amount of	131943
the transfer. Upon request of the Medicaid Director and approval	131944
of the Director of Budget and Management, appropriation up to the	131945
cash balance in the Managed Care Performance Payment Fund is	131946
hereby appropriated.	131947

In addition to any other purpose authorized by law, the	131948
Department of Medicaid may use money in the Managed Care	131949
Performance Payment Fund for the following purposes for fiscal	131950
year 2014 and fiscal year 2015:	131951

(A) To meet obligations specified in provider agreements with	131952
Medicaid managed care organizations;	131953

(B) To pay for Medicaid services provided by a Medicaid	131954
managed care organization;	131955

(C) To reimburse a Medicaid managed care organization that	131956
has paid a fine for failure to meet performance standards or other	131957
requirements specified in provider agreements or rules adopted	131958
under section 5167.02 of the Revised Code if the organization	131959
comes into compliance with the standards or requirements.	131960

Section 323.70. MEDICAID MANAGED CARE EXEMPTIONS

131961

(A) As used in this section, "individual with disabilities"	131962
means any individual receiving services through the program for	131963
medically handicapped children established under section 3701.023	131964
of the Revised Code who has one or more of the following	131965
conditions:	131966

(1) Cystic fibrosis;

131967

(2) Hemophilia;

131968

(3) Cancer.

131969

(B) Notwithstanding section 5167.03 of the Revised Code, the	131970
Department of Medicaid shall not include in the care management	131971
system established under that section any individual with	131972
disabilities who was not receiving services through the care	131973
management system immediately before June 30, 2011, until the	131974
first day of the thirteenth month that occurs after the date that	131975
the Office first designates any individual who receives Medicaid	131976
on the basis of being aged, blind, or disabled who is under	131977
twenty-one years of age as an individual who is permitted or	131978
required to participate in the care management system.	131979

Section 323.80. PRIOR AUTHORIZATION FOR COMMUNITY MENTAL	131980
HEALTH SERVICES	131981

(A) As used in this section, "community mental health	131982
services" means mental health services included in the state	131983
Medicaid plan pursuant to section 5164.15 of the Revised Code.	131984

(B) For fiscal year 2014 and fiscal year 2015, a Medicaid	131985
recipient who is under twenty-one years of age automatically	131986
satisfies all requirements for any prior authorization process for	131987
community mental health services provided under a component of the	131988
Medicaid program administered by the Department of Mental Health	131989
and Addiction Services pursuant to an interagency agreement	131990
authorized by section 5162.35 of the Revised Code if any of the	131991
following apply to the recipient:	131992

(1) The recipient is in the temporary custody or permanent	131993
custody of a public children services agency or private child	131994
placing agency or is in a planned permanent living arrangement.	131995

(2) The recipient has been placed in protective supervision	131996
by a juvenile court.	131997

(3) The recipient has been committed to the Department of	131998
Youth Services.	131999

(4) The recipient is an alleged or adjudicated delinquent or	132000
unruly child receiving services under the Felony Delinquent Care	132001
and Custody Program operated under section 5139.43 of the Revised	132002
Code.	132003

Section 323.90. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	132004
LONG-TERM SERVICES AND SUPPORTS	132005

(A) The Joint Legislative Committee for Unified Long-Term	132006
Services and Supports created under section 309.30.73 of Am. Sub.	132007
H.B. 153 of the 129th General Assembly, as subsequently amended,	132008
shall continue to exist during fiscal year 2014 and fiscal year	132009
2015. The Committee shall consist of the following members:	132010

(1) Two members of the House of Representatives from the	132011
majority party, appointed by the Speaker of the House of	132012
Representatives;	132013

(2) One member of the House of Representatives from the	132014
minority party, appointed by the Speaker of the House of	132015
Representatives;	132016

(3) Two members of the Senate from the majority party,	132017
appointed by the President of the Senate;	132018

(4) One member of the Senate from the minority party,	132019
appointed by the President of the Senate.	132020

(B) The Speaker of the House of Representatives shall	132021
designate one of the members of the Committee appointed under	132022
division (A)(1) of this section to serve as co-chairperson of the	132023
Committee. The President of the Senate shall designate one of the	132024
members of the Committee appointed under division (A)(3) of this	132025
section to serve as the other co-chairperson of the Committee. The	132026
Committee shall meet at the call of the co-chairpersons. The	132027
co-chairpersons may request assistance for the Committee from the	132028
Legislative Service Commission.	132029

132030

(1) The implementation of the dual eligible integrated care	132031
demonstration project authorized by section 5164.91 of the Revised	132032
Code;	132033

(2) The implementation of a unified long-term services and	132034
support Medicaid waiver component under section 5166.14 of the	132035
Revised Code;	132036

(3) Providing consumers choices regarding a continuum of	132037
services that meet their health-care needs, promote autonomy and	132038
independence, and improve quality of life;	132039

(4) Ensuring that long-term care services and supports are	132040
delivered in a cost-effective and quality manner;	132041

(5) Subjecting county homes, county nursing homes, and	132042
district homes operated pursuant to Chapter 5155. of the Revised	132043
Code to the franchise permit fee under sections 5168.40 to 5168.56	132044
of the Revised Code;	132045

(6) Other issues of interest to the committee.

132046

(D) The co-chairpersons of the Committee shall provide for	132047
the Medicaid Director to testify before the Committee at least	132048
quarterly regarding the issues that the Committee examines.	132049

Section 323.100. HOSPITAL INPATIENT AND OUTPATIENT	132050
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	132051
HOSPITAL INCENTIVE PAYMENT PROGRAM	132052

(A) As used in this section:

132053

(1) "Hospital" has the same meaning as in section 5168.20 of	132054
the Revised Code.	132055

(2) "Hospital Assessment Fund" means the fund created under	132056
section 5168.25 of the Revised Code.	132057

(3) "Medicaid managed care organization" has the same meaning	132058
as in section 5167.01 of the Revised Code.	132059

(B) The Department of Medicaid shall do both of the	132060
following:	132061

(1) Continue the Hospital Inpatient and Outpatient	132062
Supplemental Upper Payment Limit Program that was established	132063
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	132064
General Assembly, with any modifications necessary to implement	132065
the program as described under division (D) of this section;	132066

(2) Continue the Medicaid Managed Care Hospital Incentive	132067
Payment Program, as described under division (E) of this section.	132068

(C) The Department shall use amounts deposited into the	132069
Hospital Assessment Fund in fiscal year 2014 and fiscal year 2015	132070
for the following purposes in each fiscal year:	132071

(1) To pay for costs associated with both of the following:

132072

(a) The Hospital Inpatient and Outpatient Supplemental Upper	132073
Payment Limit Program;	132074

(b) The Medicaid Managed Care Hospital Incentive Payment	132075
Program.	132076

(2) To reduce spending in appropriation item 651525,	132077
Medicaid/Health Care Services.	132078

(D)(1) Under the Hospital Inpatient and Outpatient	132079
Supplemental Upper Payment Limit Program, subject to division	132080
(D)(2) of this section, supplemental Medicaid payments shall be	132081
made to hospitals for Medicaid-covered inpatient and outpatient	132082
services. The Department shall make the payments through amounts	132083
available for the Program pursuant to division (C) of this section	132084
and any federal financial participation available for the Program.	132085

(2) The Department shall take all actions necessary to cease	132086
implementation of the Program if the United States Secretary	132087
determines that the assessment imposed under section 5168.21 of	132088
the Revised Code is an impermissible healthcare-related tax under	132089
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	132090

(E)(1) The purpose of the Medicaid Managed Care Hospital	132091
Incentive Payment Program is to increase access to hospital	132092
services for Medicaid recipients who are enrolled in Medicaid	132093
managed care organizations.	132094

Under the Program, subject to division (E)(2) of this	132095
section, funds shall be provided to Medicaid managed care	132096
organizations, which shall use the funds to increase payments to	132097
hospitals for providing services to Medicaid recipients who are	132098
enrolled in the organizations. The Department shall provide the	132099
funds through amounts available for the Program pursuant to	132100
division (C) of this section and any federal financial	132101
participation available for the Program.	132102

(2)(a) The Department shall not provide funds to Medicaid	132103
managed care organizations under the Program unless an actuary	132104
selected by the Department certifies that the Program would not	132105
violate the actuarial soundness of the capitation rates paid to	132106
Medicaid managed care organizations.	132107

(b) The Department shall not implement the Program in a	132108
manner that causes a hospital to receive less money from the	132109
Hospital Assessment Fund than the hospital would have received if	132110
the Program were not implemented.	132111

(c) The Department shall not implement the Program in a	132112
manner that causes a Medicaid managed care organization to receive	132113
a lower capitation payment rate solely because funds are made	132114
available to the organization under the Program.	132115

(d) The Department shall take all necessary actions to cease	132116
implementation of the Program if the United States Secretary	132117
determines that the assessment imposed under section 5168.21 of	132118
the Revised Code is an impermissible health care-related tax under	132119
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	132120

(F) The Director of Budget and Management may authorize	132121
additional expenditures from appropriation item 651623, Medicaid	132122
Services - Federal, appropriation item 651525, Medicaid/Health	132123
Care Services, and appropriation item 651656, Medicaid Services -	132124
Hospital/UPL, in order to implement the programs authorized by	132125
this section. Any amounts authorized are hereby appropriated.	132126

(G) The Medicaid Director shall adopt rules as necessary to	132127
implement this section. The rules shall provide for the applicable	132128
assessment percentage that is used for the purpose of section	132129
5168.21 of the Revised Code to be an amount that raises, from the	132130
assessments imposed on hospitals under that section, an amount the	132131
Director determines is appropriate to fund the purposes specified	132132
in division (C) of this section.	132133

Section 323.103. CONTINUATION OF MEDICAID RATES FOR HOSPITAL	132134
INPATIENT AND OUTPATIENT SERVICES	132135

The Medicaid payment rates for Medicaid-covered hospital	132136
inpatient services and hospital outpatient services that are paid	132137
under the prospective payment system established in rules adopted	132138
under section 5164.02 of the Revised Code and provided during the	132139
period beginning July 1, 2013, and ending June 30, 2015, shall be	132140
not less than the Medicaid payment rates for the services in	132141
effect on June 30, 2013.	132142

Section 323.110. ADMINISTRATIVE ISSUES RELATED TO TERMINATION	132143
OF MEDICAID WAIVER PROGRAMS	132144

(A) As used in this section, "MCD or ODA Medicaid waiver	132145
component" means the following:	132146

(1) The Medicaid waiver component of the PASSPORT program	132147
created under section 173.52 of the Revised Code;	132148

(2) The Choices program created under section 173.53 of the	132149
Revised Code;	132150

(3) The Medicaid waiver component of the Assisted Living	132151
program created under section 173.54 of the Revised Code.	132152

(4) The Ohio Home Care Waiver program as defined in section	132153
5166.01 of the Revised Code;	132154

(5) The Ohio Transitions II Aging Carve-Out program as	132155
defined in section 5166.01 of the Revised Code;	132156

(B) If an MCD or ODA Medicaid waiver component is terminated	132157
under section 173.52, 173.53, 173.54, 5166.12, or 5166.13 of the	132158
Revised Code, all of the following apply:	132159

(1) All applicable statutes, and all applicable rules,	132160
standards, guidelines, or orders issued by the Medicaid Director	132161
or Department of Medicaid or Director or Department of Aging	132162
before the component is terminated, shall remain in full force and	132163
effect on and after that date, but solely for purposes of	132164
concluding the component's operations, including fulfilling the	132165
Departments' legal obligations for claims arising from the	132166
component relating to eligibility determinations, covered medical	132167
assistance provided to eligible persons, and recovering erroneous	132168
overpayments.	132169

(2) Notwithstanding the termination of the component, the	132170
right of subrogation for the cost of medical assistance given	132171
under section 5160.37 of the Revised Code to the Department of	132172
Medicaid and an assignment of the right to medical assistance	132173
given under section 5160.38 of the Revised Code to the Department	132174
continue to apply with respect to the component and remain in	132175
force to the full extent provided under those sections.	132176

(3) The Department of Medicaid and Department of Aging may	132177
use appropriated funds to satisfy any claims or contingent claims	132178
for medical assistance provided under the component before the	132179
component's termination.	132180

(4) Neither the Department of Medicaid nor the Department of	132181
Aging has liability under the component to reimburse any provider	132182
or other person for claims for medical assistance rendered under	132183
the component after it is terminated.	132184

(C) The Medicaid Director and Director of Aging may adopt	132185
rules in accordance with Chapter 119. of the Revised Code to	132186
implement this section.	132187

Section 323.120. EXPANSION OF PACE PROGRAM

132188

(A) As used in this section, "PACE Program" means the Program	132189
of All-Inclusive Care for the Elderly.	132190

(B) To effectively administer and manage growth within the	132191
PACE Program, the Director of Aging, in consultation with the	132192
Medicaid Director, may expand the PACE Program to regions of the	132193
state that are not being served by the PACE Program if all of the	132194
following apply:	132195

(1) Funding is available for the expansion.

132196

(2) The Director of Aging and Medicaid Director mutually	132197
determine that the PACE Program is a cost-effective alternative to	132198
nursing home care.	132199

(3) The United States Centers for Medicare and Medicaid	132200
Services agrees to share with the state any savings to the	132201
Medicare program resulting from an expansion of the PACE Program.	132202

(C) If the PACE Program is expanded, the Director of Aging	132203
may not decrease the number of individuals in Cuyahoga and	132204
Hamilton counties and parts of Butler, Clermont, and Warren	132205
counties who are participants in the PACE Program below the number	132206
of individuals in those counties and parts of counties who were	132207
participants in the PACE Program on July 1, 2011.	132208

Section 323.130. DISPENSING FEE FOR NONCOMPOUNDED DRUGS

132209

The Medicaid dispensing fee for each noncompounded drug	132210
covered by the Medicaid program shall be $1.80 for the period	132211
beginning July 1, 2013, and ending on the effective date of a rule	132212
changing the amount of the fee that the Medicaid Director adopts	132213
under section 5164.02 of the Revised Code.	132214

Section 323.140. MONEY FOLLOWS THE PERSON ENHANCED	132215
REIMBURSEMENT FUND	132216

The federal payments made to the state under subsection (e)	132217
of section 6071 of the "Deficit Reduction Act of 2005," Pub. L.	132218
No. 109-171, as amended, shall be deposited into the Money Follows	132219
the Person Enhanced Reimbursement Fund. The Department of Medicaid	132220
shall continue to use money deposited into the fund for system	132221
reform activities related to the Money Follows the Person	132222
demonstration project.	132223

Section 323.150. MEDICARE PART D

132224

The foregoing appropriation item 651526, Medicare Part D, may	132225
be used by the Department of Medicaid for the implementation and	132226
operation of the Medicare Part D requirements contained in the	132227
"Medicare Prescription Drug, Improvement, and Modernization Act of	132228
2003," Pub. L. No. 108-173, as amended. Upon the request of the	132229
Department of Medicaid, the Director of Budget and Management may	132230
transfer the state share of appropriations between appropriation	132231
item 651525, Medicaid/Health Care Services, or appropriation item	132232
651526, Medicare Part D. If the state share of appropriation item	132233
651525, Medicaid/Health Care Services, is adjusted, the Director	132234
of Budget and Management shall adjust the federal share	132235
accordingly. The Department of Medicaid shall provide notification	132236
to the Controlling Board of any transfers at the next scheduled	132237
Controlling Board meeting.	132238

Section 323.160. REBALANCING LONG-TERM CARE

132239

(A) As used in this section:

132240

"Balancing Incentive Payments Program" means the program	132241
established under section 10202 of the Patient Protection and	132242
Affordable Care Act.	132243

"Long-term services and supports" has the same meaning as in	132244
section 10202(f)(1) of the Patient Protection and Affordable Care	132245
Act.	132246

"Non-institutionally-based long-term services and supports"	132247
has the same meaning as in section 10202(f)(1)(B) of the Patient	132248
Protection and Affordable Care Act.	132249

"Patient Protection and Affordable Care Act" means Public Law	132250
111-148.	132251

(B) The Departments of Aging, Developmental Disabilities, and	132252
Medicaid shall continue efforts to achieve a sustainable and	132253
balanced delivery system for long-term services and supports. In	132254
so doing, the Departments shall strive to realize the following	132255
goals by June 30, 2015:	132256

(1) Having at least fifty per cent of Medicaid recipients who	132257
are sixty years of age or older and need long-term services and	132258
supports utilize non-institutionally-based long-term services and	132259
supports;	132260

(2) Having at least sixty per cent of Medicaid recipients who	132261
are less than sixty years of age and have cognitive or physical	132262
disabilities for which long-term services and supports are needed	132263
utilize non-institutionally-based long-term services and supports.	132264

(C) If the Department of Medicaid determines that	132265
participating in the Balancing Incentive Payments Program will	132266
assist in achieving the goals specified in division (B) of this	132267
section, the Department may apply to the United States Secretary	132268
of Health and Human Services to participate in the program.	132269

Section 323.170. OHIO ACCESS SUCCESS PROJECT

132270

Of the foregoing appropriation item, 651525, Medicaid/Health	132271
Care Services, up to $450,000 in each fiscal year may be used to	132272
provide one-time transitional benefits under the Ohio Access	132273
Success Project that the Medicaid Director may establish under	132274
section 5166.35 of the Revised Code.	132275

Section 323.180. PROVIDER FRANCHISE FEE OFFSETS

132276

(A) At least quarterly, the Medicaid Director shall certify	132277
to the Director of Budget and Management the amount of offsets	132278
withheld under section 5168.52 of the Revised Code from payments	132279
made from the General Revenue Fund.	132280

(B) The Director of Budget and Management may transfer cash	132281
from the General Revenue Fund to the Nursing Home Franchise Permit	132282
Fee Fund (Fund 5R20), in accordance with section 5168.54 of the	132283
Revised Code.	132284

(C) Amounts transferred pursuant to this section are hereby	132285
appropriated.	132286

Section 323.190. HOSPITAL CARE ASSURANCE MATCH

132287

The foregoing appropriation item 651623, Medicaid Services -	132288
Federal, shall be used by the Department of Medicaid for	132289
distributing the federal share of Medicaid services required under	132290
the section of this act entitled "CREATION OF THE DEPARTMENT OF	132291
MEDICAID," including the federal share of all hospital care	132292
assurance program funds to hospitals under section 5168.09 of the	132293
Revised Code.	132294

If receipts credited to the Health Care Federal Fund (Fund	132295
3F00) exceed the amounts appropriated from the fund for making the	132296
hospital care assurance program distribution, the Medicaid	132297
Director may request the Director of Budget and Management to	132298
authorize expenditures from the fund in excess of the amounts	132299
appropriated. Upon the approval of the Director of Budget and	132300
Management, the additional amounts are hereby appropriated.	132301

The foregoing appropriation item 651649, Medicaid Services –	132302
HCAP, shall be used by the Department of Medicaid for distributing	132303
the state share of all hospital care assurance program funds to	132304
hospitals under section 5168.09 of the Revised Code. If receipts	132305
credited to the Hospital Care Assurance Program Fund (Fund 6510)	132306
exceed the amounts appropriated from the fund for making the	132307
hospital care assurance program distribution, the Medicaid	132308
Director may request the Director of Budget and Management to	132309
authorize expenditures from the fund in excess of the amounts	132310
appropriated. Upon the approval of the Director of Budget and	132311
Management, the additional amounts are hereby appropriated.	132312

Section 323.200. HEALTH CARE SERVICES ADMINISTRATION FUND

132313

Of the amount received by the Department of Medicaid during	132314
fiscal year 2014 and fiscal year 2015 from the first installment	132315
of assessments paid under section 5168.06 of the Revised Code and	132316
intergovernmental transfers made under section 5168.07 of the	132317
Revised Code, the Medicaid Director shall deposit $350,000 in each	132318
fiscal year into the state treasury to the credit of the Health	132319
Care Services Administration Fund (Fund 5U30).	132320

Section 323.210. TRANSFERS OF OFFSETS TO THE HEALTH CARE	132321
SERVICES ADMINISTRATION FUND	132322

(A) As used in this section:

132323

"Hospital offset" means an offset from a hospital's Medicaid	132324
payment authorized by section 5168.991 of the Revised Code.	132325

"Vendor offset" means a reduction of a Medicaid payment to a	132326
Medicaid provider to correct a previous, incorrect Medicaid	132327
payment.	132328

(B) During fiscal year 2014 and fiscal year 2015, at	132329
intervals selected by the Medicaid Director, the Director shall	132330
certify to the Director of Budget and Management the amount of	132331
hospital offsets and vendor offsets for the period covered by the	132332
certification and the particular funds that would have been used	132333
to make Medicaid payments to providers if not for the offsets.	132334
Each certification shall specify the amount that would have been	132335
taken from each of the funds if not for the hospital offsets and	132336
vendor offsets.	132337

(C) On receipt of a certification under division (B) of this	132338
section, the Director of Budget and Management shall transfer cash	132339
from the funds identified in the certification to the Health Care	132340
Services Administration Fund (Fund 5U30). The amount transferred	132341
from a fund shall equal the amount that would have been taken from	132342
the fund if not for the hospital offsets and vendor offsets as	132343
specified in the certification. The transferred cash is hereby	132344
appropriated.	132345

Section 323.220. MEDICAID INTERAGENCY PASS-THROUGH

132346

The Medicaid Director may request the Director of Budget and	132347
Management to increase appropriation item 651655, Medicaid	132348
Interagency Pass-Through. Upon the approval of the Director of	132349
Budget and Management, the additional amounts are hereby	132350
appropriated.	132351

Section 323.230. MEDICAID PAYMENTS FOR NONINSTITUTIONAL	132352
SERVICES PROVIDED TO DUAL ELIGIBLE INDIVIDUALS	132353

(A) As used in this section:

132354

"Dual eligible individual" has the same meaning as in the	132355
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	132356
1396n(h)(2)(B).	132357

"Medicare Part B" means the Supplementary Medical Insurance	132358
Program for the Aged and Disabled component of the Medicare	132359
program established by Part B of Title XVIII of the "Social	132360
Security Act," 42 U.S.C. 1395j et seq.	132361

"Noninstitutional services" means any services other than	132362
hospital services, nursing facility services, and intermediate	132363
care facilities for the mentally retarded.	132364

(B) Notwithstanding any conflicting state statute, a Medicaid	132365
payment for noninstitutional services, excluding physician	132366
services and including freestanding dialysis center services,	132367
provided during the period beginning January 1, 2014, and ending	132368
July 1, 2015, to a Medicaid recipient who is a dual eligible	132369
individual enrolled for benefits under Medicare Part B shall equal	132370
the lesser of the following:	132371

(1) The sum of the Medicare Part B deductible, coinsurance,	132372
and copayment for the services that are applicable to the	132373
individual;	132374

(2) The greater of the following:

132375

(a) The maximum allowable Medicaid payment for the services	132376
when the services are provided to other Medicaid recipients, less	132377
the total Medicaid payment (if any) most recently paid on the	132378
Medicaid recipient's behalf for such services;	132379

(b) Zero.

132380

Section 323.233. MEDICAID PAYMENTS FOR HOME HEALTH SERVICES	132381
AND PRIVATE DUTY NURSING	132382

(A) As used in this section, "responsible adult" means the	132383
spouse of a Medicaid recipient or, in the case of a Medicaid	132384
recipient who is a minor, the minor's parent, foster caregiver,	132385
stepparent, guardian, legal custodian, or any other person who	132386
stands in loco parentis for the minor.	132387

(B) Except as provided in division (C) of this section, for	132388
fiscal year 2014 and fiscal year 2015, Medicaid payments shall not	132389
be made for any of the following services that are provided to a	132390
Medicaid recipient by an individual who is a responsible adult for	132391
that recipient:	132392

(1) Nursing services available under the home health services	132393
benefit pursuant to 42 C.F.R. 440.70(b)(1);	132394

(2) Home health aide services available under the home health	132395
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	132396

(3) Private duty nursing services, as defined in 42 C.F.R.	132397
440.80.	132398

(C) For fiscal year 2014 and fiscal year 2015, the Medicaid	132399
Director shall establish the conditions under which Medicaid	132400
payments may be made for any of the services described in division	132401
(B) of this section that are provided to a Medicaid recipient by	132402
an individual who is a responsible adult for that recipient.	132403

(D) The Director shall adopt rules in accordance with Chapter	132404
119. of the Revised Code necessary to implement this section. The	132405
Director shall consult provider representatives, consumer	132406
representatives, and other stakeholders in developing the rules,	132407
which may include the following:	132408

(1) Qualification and training requirements necessary for	132409
responsible adults to receive Medicaid payments under division (C)	132410
of this section;	132411

(2) Oversight requirements necessary for responsible adults	132412
to receive Medicaid payments under division (C) of this section;	132413

(3) Procedures designed to protect against fraud, waste, and	132414
abuse that may occur as a result of payments made under division	132415
(C) of this section;	132416

(4) Any other procedures, standards, or requirements the	132417
Director considers appropriate.	132418

Section 323.236. PURCHASING STRATEGIES FOR WHEELCHAIRS

132419

For fiscal years 2014 and 2015, the Medicaid Director shall	132420
implement strategies for purchasing wheelchairs for Medicaid	132421
recipients residing in nursing facilities. In implementing the	132422
purchasing strategies, the Director shall seek to achieve a more	132423
efficient allocation of resources and price and quality	132424
competition among wheelchair providers. The Director shall	132425
consider one or more of the following when determining the	132426
purchasing strategies to implement:	132427

(A) Establishing selective contracting or competitive	132428
bidding;	132429

(B) Establishing a manufacturer's rebate program;

132430

(C) Another purchasing strategy that saves the Medicaid	132431
program an amount equivalent to the savings that would be realized	132432
from the purchasing strategies specified in division (A) or (B),	132433
or both, of this section.	132434

Section 323.250. REDUCED RATE FOR REPEAT RADIOLOGICAL	132435
SERVICES	132436

(A) The Medicaid Director shall reduce the Medicaid payment	132437
rate for radiological services to which both of the following	132438
apply:	132439

(1) They are provided in a physician's office or an	132440
independent diagnostic testing facility;	132441

(2) They are provided more than once by the same provider for	132442
the same Medicaid recipient during the same session.	132443

(B) The Director shall adopt rules under section 5164.02 of	132444
the Revised Code to implement the rate reduction required by this	132445
section. The rules shall not take effect before January 1, 2014.	132446

Section 323.260. VARYING MEDICAID PAYMENT RATES FOR PHYSICIAN	132447
SERVICES DEPENDING ON LOCATION OF SERVICE	132448

(A) The Medicaid Director shall do both of the following:

132449

(1) Identify physician services for which Medicaid payment	132450
rates should vary depending on where the services are provided;	132451

(2) Adopt rules under section 5164.02 of the Revised Code to	132452
establish the varying Medicaid payment rates.	132453

(B) The rules required by division (A)(2) of this section	132454
shall not take effect before January 1, 2014.	132455

Section 323.263. PAYMENT RATES FOR PASSPORT SERVICES

132456

The Medicaid payment rates for services provided under the	132457
PASSPORT program, other than adult day-care services, during the	132458
period beginning July 1, 2013, and ending June 30, 2015, shall be	132459
not less than ninety-eight and five-tenths per cent of the	132460
Medicaid payment rates for the services in effect on June 30,	132461
2011. The Medicaid payment rates for adult day-care services	132462
provided under the PASSPORT program during the period beginning	132463
July 1, 2013, and ending June 30, 2015, shall be twenty per cent	132464
higher than the amount of the Medicaid payment rates for the	132465
services in effect on June 30, 2013.	132466

Section 323.270. MEDICAID PAYMENT METHODOLOGIES ALIGNED WITH	132467
MEDICARE PAYMENT METHODOLOGIES	132468

(A) The Medicaid Director shall do both of the following:

132469

(1) Identify Medicaid services for which the Medicaid payment	132470
methodologies should be aligned, to the extent the Director	132471
considers appropriate, with Medicare payment methodologies for the	132472
services;	132473

(2) Adopt rules under section 5164.02 of the Revised Code to	132474
so align the payment methodologies for the services.	132475

(B) The rules required by division (A)(2) of this section	132476
shall not take effect before January 1, 2014.	132477

Section 323.280. ALTERNATIVE PURCHASING MODEL FOR NURSING	132478
FACILITY SERVICES	132479

As used in this section, "Medicaid waiver component" has the	132480
same meaning as in section 5166.01 of the Revised Code.	132481

The Medicaid Director may establish, as a Medicaid waiver	132482
component, an alternative purchasing model for nursing facility	132483
services provided, during the period beginning July 1, 2013, and	132484
ending July 1, 2015, to Medicaid recipients with specialized	132485
health care needs, including recipients dependent on ventilators,	132486
recipients who have severe traumatic brain injury, and recipients	132487
who would be admitted to long-term acute care hospitals or	132488
rehabilitation hospitals if they did not receive nursing facility	132489
services. If established, the alternative purchasing model shall	132490
do all of the following:	132491

(A) Recognize a connection between enhanced Medicaid payment	132492
rates and improved health outcomes capable of being measured;	132493

(B) Include criteria for identifying Medicaid recipients with	132494
specialized health care needs;	132495

(C) Include procedures for ensuring that Medicaid recipients	132496
identified pursuant to division (B) of this section receive	132497
nursing facility services under the alternative purchasing model.	132498

The total per Medicaid day payment rate for nursing facility	132499
services provided under the alternative purchasing model may	132500
differ from the rate that would otherwise be paid pursuant to	132501
Chapter 5165. of the Revised Code.	132502

Section 323.290. REVIEW OF LONG-TERM SERVICES TO IMPROVE	132503
EFFICIENCY AND INDIVIDUAL CARE	132504

(A) The Department of Medicaid may review the following	132505
services covered by the Medicaid program to identify opportunities	132506
to improve the efficiency of, and individual care provided by,	132507
long-term care services and supports:	132508

(1) Nursing services available under the home health services	132509
benefit pursuant to 42 C.F.R. 440.70(b)(1);	132510

(2) Home health aide services available under the home health	132511
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	132512

(3) Private duty nursing services as defined in 42 C.F.R.	132513
440.80.	132514

(B) The Department, in its review authorized by division (A)	132515
of this section, may consider establishing the following:	132516

(1) New methods for authorizing and coordinating long-term	132517
care services and supports, including such services and supports	132518
covered by the Medicaid state plan, using case managers or care	132519
coordinators;	132520

(2) Competency and training requirements for the case	132521
managers or care coordinators;	132522

(3) Other mechanisms for improving efficiency and individual	132523
care in the delivery of long-term care services and supports.	132524

Section 323.300. PERFORMANCE PAYMENTS FOR MEDICAID MANAGED	132525
CARE	132526

(A) As used in this section:

132527

(1) "Dual eligible individual" has the same meaning as in	132528
section 1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315,	132529
42 U.S.C. 1396n(h)(2)(B).	132530

(2) "Dual eligible integrated care demonstration project"	132531
means the demonstration project authorized by section 5164.91 of	132532
the Revised Code.	132533

(3) "Medicaid managed care organization" has the same meaning	132534
as in section 5167.01 of the Revised Code.	132535

(4) "Participant" means an individual participating in the	132536
dual eligible integrated care demonstration project.	132537

(B) For fiscal year 2014 and fiscal year 2015, the Department	132538
of Medicaid shall provide performance payments as provided under	132539
this section to Medicaid managed care organizations providing care	132540
under the Dual Eligible Integrated Care Demonstration Project.	132541

(C) If the Department implements the Dual Eligible Integrated	132542
Care Demonstration Project, and if participants receive care	132543
through Medicaid managed care organizations under the project, the	132544
Department shall, in consultation with the United States Centers	132545
for Medicare and Medicaid Services, do both of the following:	132546

(1) Develop quality measures designed specifically to	132547
determine the effectiveness of the health care and other services	132548
provided to participants by Medicaid managed care organizations;	132549

(2) Determine an amount to be withheld from the Medicaid	132550
premium payments paid to Medicaid managed care organizations for	132551
participants.	132552

(D)(1) For the purposes of division (C)(2) of this section,	132553
the Department shall establish an amount that is to be withheld	132554
each time a premium payment is made to a Medicaid managed care	132555
organization for a participant. The amount shall be established as	132556
a percentage of each premium payment. The percentage shall be the	132557
same for all Medicaid managed care organizations providing care to	132558
participants.	132559

(2) Each Medicaid managed care organization shall agree to	132560
the withholding as a condition of receiving or maintaining its	132561
Medicaid provider agreement with the Department.	132562

(3) When the amount is established and each time the amount	132563
is modified thereafter, the Department shall certify the amount to	132564
the Director of Budget and Management and begin withholding the	132565
amount from each premium the Department pays to a Medicaid managed	132566
care organization for a participant.	132567

(E) The Director of Budget and Management shall transfer the	132568
amounts certified in accordance with division (D) of this section	132569
into the Managed Care Performance Payment Fund created under	132570
section 5162.60 of the Revised Code. The amounts transferred may	132571
be used to make performance payments to Medicaid managed care	132572
organizations providing care to participants in accordance with	132573
rules that may be adopted by the Medicaid Director under Chapter	132574
119. of the Revised Code.	132575

(F) A Medicaid managed care organization subject to this	132576
section is not subject to section 5167.30 of the Revised Code for	132577
premium payments attributed to participants during fiscal year	132578
2014 and fiscal year 2015.	132579

Section 323.310. INTEGRATED CARE DELIVERY SYSTEM PERFORMANCE	132580
PAYMENT PROGRAM	132581

At the beginning of each quarter, or as soon as possible	132582
thereafter, the Medicaid Director may certify to the Director of	132583
Budget and Management the amount withheld in accordance with the	132584
section in this act titled "PERFORMANCE PAYMENTS FOR MEDICAID	132585
MANAGED CARE." On receipt of certification, the Director of Budget	132586
and Management shall transfer cash in the amount certified from	132587
the General Revenue Fund to the Managed Care Performance Payment	132588
Fund (Fund 5KW0). The transferred cash is hereby appropriated.	132589
Appropriation item 651525, Medicaid/Health Care Services, is	132590
hereby reduced by the amount of the transfer.	132591

Section 323.320. VENDOR COLLECTION OF PATIENT LIABILITY

132592

(A) As used in this section:

132593

"Medicaid waiver component" has the same meaning as in	132594
section 5166.01 of the Revised Code.	132595

"Patient liability" means the amount that 42 C.F.R. 435.735	132596
requires be reduced from a Medicaid payment for home and	132597
community-based services available under a Medicaid waiver	132598
component.	132599

(B) The Medicaid Director may contract with a person or	132600
government entity to collect patient liabilities for fiscal year	132601
2014 and fiscal year 2015. The Director may adopt rules under	132602
section 5166.02 of the Revised Code as necessary to implement this	132603
section.	132604

Section 323.330. STATE PLAN HOME AND COMMUNITY-BASED SERVICES

132605

(A) As used in this section:

132606

"Federal poverty line" means the official poverty line	132607
defined by the United States Office of Management and Budget based	132608
on the most recent data available from the United States Bureau of	132609
the Census and revised by the United States Secretary of Health	132610
and Human Services pursuant to the "Omnibus Budget Reconciliation	132611
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	132612

"State plan home and community-based services" means home and	132613
community-based services that may be included in the Medicaid	132614
state plan pursuant to the "Social Security Act," section 1915(i),	132615
42 U.S.C. 1396n(i).	132616

(B) During fiscal year 2014 and fiscal year 2015, the	132617
Medicaid program may cover state plan home and community-based	132618
services for Medicaid recipients of any age who have behavioral	132619
health issues and countable incomes not exceeding one hundred	132620
fifty per cent of the federal poverty line. A Medicaid recipient	132621
is not required to undergo a level of care determination to be	132622
eligible for the state plan home and community-based services.	132623

The Medicaid Director may adopt rules under section 5164.02	132624
of the Revised Code as necessary to implement this section.	132625

Section 323.340. INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR	132626
INDIVIDUALS UNDER AGE 21	132627

(A) As used in this section:

132628

"Inpatient psychiatric hospital services for individuals	132629
under age 21" has the same meaning as in the "Social Security	132630
Act," section 1905(h), 42 U.S.C. 1396d(h).	132631

"Psychiatric residential treatment facility" has the same	132632
meaning as in 42 C.F.R. 483.352.	132633

(B) During fiscal year 2014 and fiscal year 2015, the	132634
Medicaid program may cover inpatient psychiatric hospital services	132635
for individuals under age 21 that are provided by psychiatric	132636
residential treatment facilities to Medicaid recipients to whom	132637
both of the following apply:	132638

(1) They are in the custody of the Department of Youth	132639
Services.	132640

(2) They have been identified as meeting a clinical criterion	132641
of serious emotional disturbance specified pursuant to division	132642
(C) of this section.	132643

(C) The Department of Youth Services, in collaboration with	132644
the Department of Medicaid and Department of Mental Health and	132645
Addiction Services, shall specify the clinical criterion of	132646
serious emotional disturbance to be used for the purpose of	132647
division (B)(2) of this section.	132648

Section 323.350. MCD COLLABORATION WITH DVS

132649

The Department of Medicaid may collaborate with the	132650
Department of Veterans Services to determine ways to improve the	132651
coordination of the services that the Departments make available	132652
to veterans in a manner that enhances veterans' receipt of the	132653
services. The Departments may implement, during fiscal year 2014	132654
and fiscal year 2015, initiatives that they determine during the	132655
collaboration will maximize the efficiency of the services and	132656
ensure that veterans' needs are met.	132657

Section 323.360. IMPROVED BIRTH OUTCOMES INITIATIVES

132658

(A) The Medicaid Director may develop and implement, during	132659
fiscal year 2014 and fiscal year 2015, initiatives designed to	132660
improve birth outcomes for Medicaid recipients, including	132661
improvements designed to do the following:	132662

(1) Reduce the number of preterm births;

132663

(2) Reduce Medicaid costs;

132664

(3) Improve the quality of Medicaid services.

132665

(B) In developing the initiatives, the Director may consult	132666
with experts in practice improvement, Medicaid managed care	132667
organizations, hospitals, and other types of Medicaid providers.	132668
The Director, Medicaid managed care organizations, and other types	132669
of Medicaid providers involved in the initiatives shall make	132670
information about the initiatives available on their web sites.	132671

Section 323.370. ABOLISHMENT OF THE PRESCRIPTION DRUG REBATES	132672
FUND	132673

On July 1, 2013, or as soon as possible thereafter, the	132674
Director of Budget and Management shall transfer the cash balance	132675
in the Prescription Drug Rebates Fund (Fund 5P50) to the Health	132676
Care/Medicaid Support and Recoveries Fund (Fund 5DL0). Upon	132677
completion of the transfer, Fund 5P50 is abolished. The Director	132678
shall cancel any existing encumbrances against appropriation item	132679
600692, Health Care/Medicaid Support – Drug Rebates, and	132680
reestablish them against appropriation item 651639, Medicaid	132681
Services - Recoveries. The re-established encumbrance amounts are	132682
hereby appropriated.	132683

All money that would have been deposited into the	132684
Prescription Drug Rebates Fund shall be deposited into the Health	132685
Care/Medicaid Support and Recoveries Fund during fiscal year 2014	132686
and fiscal year 2015.	132687

Section 323.380. ABOLISHMENT OF THE HEALTHCARE COMPLIANCE	132688
FUND	132689

On July 1, 2013, or as soon as possible thereafter, the	132690
Medicaid Director shall certify to the Director of Budget and	132691
Management, the cash balance related to managed care obligations	132692
in the Healthcare Compliance Fund (Fund 4Z10). The Director of	132693
Budget and Management shall transfer the amount certified from	132694
Fund 4Z10 to the Managed Care Performance Payment Fund (Fund	132695
5KW0). The Director shall cancel any existing encumbrances related	132696
to managed care obligations against appropriation item 600625,	132697
Healthcare Compliance, and re-establish them against appropriation	132698
item 651612, Managed Care Performance Payment. The re-established	132699
encumbrance amounts are hereby appropriated.	132700

After the cash relating to managed care obligations has been	132701
transferred, the Director of Budget and Management shall transfer	132702
the remaining cash balance in the Healthcare Compliance Fund (Fund	132703
4Z10) to the Health Care Services Administration Fund (Fund 5U30).	132704
Upon completion of the transfer, Fund 4Z10 is abolished. The	132705
Director shall cancel any remaining encumbrances against	132706
appropriation item 600625, Healthcare Compliance, and re-establish	132707
them against appropriation item 651654, Medicaid Program Support.	132708
The re-established encumbrance amounts are hereby appropriated.	132709

All money that would have been deposited into the Health Care	132710
Compliance Fund pursuant to division (B)(2) of former section	132711
5111.946 of the Revised Code shall be deposited into the Health	132712
Care Services Administration Fund during fiscal year 2014 and	132713
fiscal year 2015.	132714

Section 323.390. ABOLISHMENT OF THE ODJFS ADMINISTRATION AND	132715
OVERSIGHT FUND	132716

On July 1, 2013, or as soon as possible thereafter, the	132717
Director of Budget and Management shall transfer the cash balance	132718
in the ODJFS Administration and Oversight Fund (Fund 5S30) to the	132719
Health Care Services Administration Fund (Fund 5U30). Upon	132720
completion of the transfer, Fund 5S30 is abolished. The Director	132721
shall cancel any existing encumbrances against appropriation item	132722
600629, Healthcare Program and DDD Support, and re-establish them	132723
against appropriation item 651654, Medicaid Program Support. The	132724
re-established encumbrance amounts are hereby appropriated.	132725

Section 323.400. REFUNDS AND RECONCILIATION FUND

132726

The Refunds and Reconciliation Fund (Fund R055) shall be used	132727
to hold refund and reconciliation revenues until the appropriate	132728
fund is determined or until the revenues are directed to the	132729
appropriate governmental agency other than the Department of	132730
Medicaid. Any Medicaid refunds or reconciliations received or held	132731
by the Department of Job and Family Services shall be transferred	132732
or credited to this fund. If receipts credited to the Refunds and	132733
Reconciliation Fund exceed the amounts appropriated from the fund,	132734
the Medicaid Director may request the Director of Budget and	132735
Management to authorize expenditures from the fund in excess of	132736
the amounts appropriated. Upon approval of the Director of Budget	132737
and Management, the additional amounts are hereby appropriated.	132738

Section 323.460. NO LOSS OF MEDICAID ELIGIBILITY BEFORE	132739
JANUARY 1, 2014	132740

Notwithstanding the amendments by this act to sections	132741
5101.18, 5111.01 (as renumbered as section 5162.03), and 5111.011	132742
(as renumbered as section 5163.02) and the repeal by this act of	132743
sections 5111.014, 5111.015, 5111.0110, 5111.0111, 5111.0113,	132744
5111.0115, 5111.0120, 5111.0121, 5111.0122, 5111.0123, 5111.0124,	132745
5111.0125, 5111.70, 5111.701, 5111.702, 5111.703, 5111.704,	132746
5111.705, 5111.706, 5111.707, 5111.708, 5111.709, and 5111.7011 of	132747
the Revised Code, no individual eligible for Medicaid pursuant to	132748
those sections shall lose Medicaid eligibility before January 1,	132749
2014, because of the amendments to, or repeal of, those sections.	132750
This section does not preclude an individual from losing Medicaid	132751
eligibility before January 1, 2014, if the individual would cease	132752
to be Medicaid eligible before that date for reasons unrelated to	132753
the amendments to, or repeal of, those sections. Unrelated reasons	132754
include acquiring income or assets exceeding eligibility limits	132755
and failure to comply with eligibility requirements.	132756

Section 323.470. ALTERATIONS TO AND ELIMINATION OF OPTIONAL	132757
MEDICAID ELIGIBILITY GROUPS	132758

The Medicaid Director may initiate, before January 1, 2014,	132759
the rule-making process to alter the eligibility requirements for,	132760
or to eliminate, one or more Medicaid optional eligibility groups	132761
or subgroups pursuant to section 5163.06 of the Revised Code.	132762
However, none of the rules may go into effect before that date.	132763

Section 323.480. UPDATING AUTHORIZING STATUTE CITATIONS

132764

As used in this section, "authorizing statute" means a	132765
Revised Code section or provision of a Revised Code section that	132766
is cited in the Ohio Administrative Code as the statute that	132767
authorizes the adoption of a rule.	132768

The Medicaid Director is not required to amend any rule for	132769
the sole purpose of updating the citation in the Ohio	132770
Administrative Code to the rule's authorizing statute to reflect	132771
that this act renumbers the authorizing statute or relocates it to	132772
another Revised Code section. Such citations shall be updated as	132773
the Director amends the rules for other purposes.	132774

Section 325.10. MED STATE MEDICAL BOARD

132775

General Services Fund Group	132776

5C60	883609	Operating Expenses	$	9,172,062	$	9,172,062	132777
TOTAL GSF General Services							132778
Fund Group			$	9,172,062	$	9,172,062	132779
TOTAL ALL BUDGET FUND GROUPS			$	9,172,062	$	9,172,062	132780

Section 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	132782
SERVICES	132783

General Revenue Fund	132784

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	132785
GRF	333402	Resident Trainees	$	450,000	$	450,000	132786
GRF	333415	Lease-Rental Payments	$	15,843,300	$	16,076,700	132787
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	132788
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	132789
GRF	334506	Court Costs	$	784,210	$	784,210	132790
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	132791
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	132792
GRF	335421	Continuum of Care Services	$	77,064,296	$	77,064,296	132793
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	132794
GRF	335504	Community Innovations	$	1,500,000	$	1,500,000	132795
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	132796
GRF	335507	Community Behavioral Health	$	50,000,000	$	50,000,000	132797
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	132798
TOTAL GRF General Revenue Fund			$	366,376,563	$	366,609,963	132799

General Services Fund Group	132800

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	132801
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	132802
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	132803
1500	334620	Special Education	$	150,000	$	150,000	132804
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	132805
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	132806
1510	336601	Office of Support Services	$	115,000,000	$	115,000,000	132807
TOTAL GSF General Services Fund Group			$	145,268,190	$	145,268,190	132808

Federal Special Revenue Fund Group	132809

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	132810
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	132811
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	132812
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	132813
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	132814
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	132815
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	3,237,574	132816
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	132817
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	132818
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	132819
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	132820
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	132821
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	132822
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	132823
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	132824
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	132825
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	132826
3H80	335606	Demonstration Grants	$	5,428,006	$	5,428,006	132827
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0	132828
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	132829
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0	132830
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	144,675,306	132831

State Special Revenue Fund Group	132832

2320	333621	Family and Children First Administration	$	400,000	$	400,000	132833
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	132834
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	132835
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	132836
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	132837
6890	333640	Education and Conferences	$	150,000	$	150,000	132838
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	132839
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	132840
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	132841
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	132842
6320	335616	Community Capital Replacement	$	350,000	$	350,000	132843
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	132844
TOTAL ALL BUDGET FUND GROUPS			$	695,602,192	$	687,851,556	132845

Section 327.20. TRANSITION RELATING TO CONSOLIDATION OF	132847
DEPARTMENTS	132848

Notwithstanding Chapters 340., 3793., 5119., and 5122. of the	132849
Revised Code, and any other provision of law to the contrary, on	132850
July 1, 2013, there is hereby created the Department of Mental	132851
Health and Addiction Services, which shall be administered by the	132852
Director of Mental Health and Addiction Services. The Director of	132853
Mental Health and Addiction Services shall be appointed by the	132854
Governor, with the advice and consent of the Senate, and shall	132855
hold office during the term of the appointing Governor, and is	132856
subject to removal at the pleasure of the Governor. The Director	132857
of Mental Health and Addiction Services is the executive head of	132858
the Department of Mental Health and Addiction Services. The	132859
Department of Alcohol and Drug Addiction Services and the	132860
Department of Mental Health shall be consolidated into the single	132861
Department of Mental Health and Addiction Services. All of the	132862
authority, functions, and assets and liabilities of the Department	132863
of Mental Health and the Department of Alcohol and Drug Addiction	132864
Services are transferred to the Department of Mental Health and	132865
Addiction Services. The Department of Mental Health and Addiction	132866
Services is thereupon and thereafter successor to, assumes the	132867
obligations of, and otherwise constitutes the continuation of the	132868
Department of Alcohol and Drug Addiction Services and the	132869
Department of Mental Health. The Director of Mental Health and	132870
Addiction Services assumes all of the duties, authorities, and	132871
responsibilities of the Director of Alcohol and Drug Addiction	132872
Services and the Director of Mental Health. Any action, license,	132873
or certification that was undertaken or issued by the Director of	132874
Alcohol and Drug Addiction Services or the Director of Mental	132875
Health that is current and valid on the effective date of the	132876
consolidation is deemed to be an action, license, or certification	132877
undertaken or issued by the Department of Mental Health and	132878
Addiction Services under the statute creating that Department.	132879

Any business commenced but not completed by July 1, 2013, by	132880
the Department of Mental Health or the Department of Alcohol and	132881
Drug Addiction Services shall be completed by the Department of	132882
Mental Health and Addiction Services. The business shall be	132883
completed in the same manner, and with the same effect, as if	132884
completed by the Department of Mental Health or by the Department	132885
of Alcohol and Drug Addiction Services prior to July 1, 2013.	132886

No validation, cure, right, privilege, remedy, obligation, or	132887
liability is lost or impaired by reason of this act's transfer of	132888
responsibility from the Department of Mental Health and the	132889
Department of Alcohol and Drug Addiction Services to the	132890
Department of Mental Health and Addiction Services. Each such	132891
validation, cure, right, remedy, obligation, or liability shall be	132892
administered by the Department of Mental Health and Addiction	132893
Services pursuant to the statute creating that department.	132894

All rules, orders, and determinations made or undertaken	132895
pursuant to the authority and responsibilities of the Department	132896
of Mental Health and the Department of Alcohol and Drug Addiction	132897
Services prior to July 1, 2013, shall continue in effect as rules,	132898
orders, and determinations of the Department of Mental Health and	132899
Addiction Services until modified or rescinded by the Department	132900
of Mental Health and Addiction Services. If necessary to ensure	132901
the integrity of the numbering system of the Administrative Code,	132902
the Director of the Legislative Service Commission shall renumber	132903
the rules to reflect the transfer of authority and responsibility	132904
to the Department of Mental Health and Addiction Services.	132905

Any action or proceeding that is related to the functions or	132906
duties of the Department of Mental Health or the Department of	132907
Alcohol and Drug Addiction Services pending on July 1, 2013, is	132908
not affected by the transfer of responsibility to the Department	132909
of Mental Health and Addiction Services and shall be prosecuted or	132910
defended in the name of the Department of Mental Health and	132911
Addiction Services. In all such actions and proceedings, the	132912
Department of Mental Health and Addiction Services, on application	132913
to the court, shall be substituted as a party.	132914

It is the intention of the Department of Mental Health and	132915
Addiction Services that community subsidies allocated or	132916
distributed by the department will be used to fund mental health	132917
and addiction services in largely the same proportion that such	132918
services were funded when allocated or distributed as separate	132919
funding streams through the separate Department of Mental Health	132920
or Department of Alcohol and Drug Addiction Services.	132921

All employees of the Department of Mental Health and the	132922
Department of Alcohol and Drug Addiction Services shall be	132923
employees of the Department of Mental Health and Addiction	132924
Services and shall serve in the positions previously held within	132925
their respective agencies unless the Department of Mental Health	132926
and Addiction Services determines otherwise. The merger of	132927
Department of Mental Health and Department of Alcohol and Drug	132928
Addiction Services shall not be deemed a transfer of employees	132929
pursuant to division (D)(3)(b) of section 124.11 of the Revised	132930
Code. Any unclassified employee of the Department of Mental Health	132931
and Addiction Services who held a right to resume a position	132932
within the classified service of his or her previous respective	132933
agency of the Department of Mental Health or the Department of	132934
Alcohol and Drug Addiction Services shall retain such a right	132935
subject to section 5119.18 of the Revised Code as may be amended.	132936

On July 1, 2013, or as soon as possible thereafter,	132937
notwithstanding any provision of law to the contrary, and if	132938
requested by the Department of Mental Health and Addiction	132939
Services, the Director of Budget and Management shall make budget	132940
changes made necessary by the consolidation, if any, including	132941
administrative organization, program transfers, the creation of	132942
new funds, the transfer of state funds, and the consolidation of	132943
funds, as authorized by this section. The Director of Budget and	132944
Management may make any transfer of cash balances between funds.	132945

On July 1, 2013, or as soon as possible thereafter, the	132946
Director of Mental Health and Addiction Services shall certify to	132947
the Director of Budget and Management all encumbrances held by the	132948
Department of Mental Health and the Department of Alcohol and Drug	132949
Addiction Services, and specify which of those encumbrances are	132950
requested to be transferred to the Department of Mental Health and	132951
Addiction Services. The Director of Budget and Management may	132952
cancel any existing encumbrances as certified by the Director of	132953
Mental Health and Addiction Services and re-establish them in the	132954
new agency. The re-established encumbrance amounts are hereby	132955
appropriated. Any business commenced but not completed with regard	132956
to the encumbrances certified shall be completed by the Department	132957
of Mental Health and Addiction Services in the same manner and	132958
with the same effect as if it were completed by the Department of	132959
Mental Health or the Department of Alcohol and Drug Addiction	132960
Services.	132961

Not later than 30 days after the transfer and consolidation	132962
of the operations and related management functions of the	132963
Department of Mental Health and the Department of Alcohol and Drug	132964
Addiction Services to the Department of Mental Health and	132965
Addiction Services, an authorized officer of the former Department	132966
of Mental Health and the former Department of Alcohol and Drug	132967
Addiction Services shall certify to the Director of Mental Health	132968
and Addiction Services the unexpended balance and location of any	132969
funds and accounts designated for building and facility operation	132970
and management functions, and the custody of such funds and	132971
accounts shall be transferred to the Department of Mental Health	132972
and Addiction Services.	132973

Effective July 1, 2013, the Director of Budget and Management	132974
shall cancel any existing encumbrances against appropriation item	132975
038616, Problem Gambling Services, and re-establish them against	132976
appropriation items 333641, Problem Gambling Services -	132977
Administration, and 335641, Problem Gambling Services. The	132978
re-established encumbrance amounts are hereby appropriated. Any	132979
business commenced but not completed under appropriation item	132980
038616 by July 1, 2013, shall be completed under appropriation	132981
items 333641 and 335641 in the same manner and with the same	132982
effect as if it were completed with regard to appropriation item	132983
038616.	132984

Effective July 1, 2013, the Director of Budget and Management	132985
shall cancel any existing encumbrances against appropriation item	132986
038614, Substance Abuse Block Grant, and re-establish them against	132987
appropriation items 333618, Substance Abuse Block Grant -	132988
Administration, and 335618, Substance Abuse Block Grant. The	132989
re-established encumbrance amounts are hereby appropriated. Any	132990
business commenced but not completed under appropriation item	132991
038614 by July 1, 2013, shall be completed under appropriation	132992
items 333618 and 335618 in the same manner and with the same	132993
effect as if it were completed with regard to appropriation item	132994
038614.	132995

Effective July 1, 2013, the Director of Budget and Management	132996
shall cancel any existing encumbrances against appropriation item	132997
038609, Demonstration Grants, and re-establish them against	132998
appropriation items 333606, Demonstration Grants - Administration,	132999
and 335606, Demonstration Grants. The re-established encumbrance	133000
amounts are hereby appropriated. Any business commenced but not	133001
completed under appropriation item 038609 by July 1, 2013, shall	133002
be completed under appropriation items 333606 and 335606 in the	133003
same manner and with the same effect as if it were completed with	133004
regard to appropriation item 038609.	133005

Effective July 1, 2013, the Director of Budget and Management	133006
shall cancel any existing encumbrances against appropriation item	133007
038621, Statewide Treatment and Prevention, and re-establish them	133008
against appropriation items 333623, Statewide Treatment and	133009
Prevention - Administration, and 335623, Statewide Treatment and	133010
Prevention. The re-established encumbrance amounts are hereby	133011
appropriated. Any business commenced but not completed under	133012
appropriation item 038621 by July 1, 2013, shall be completed	133013
under appropriation items 333623 and 335623 in the same manner and	133014
with the same effect as if it were completed with regard to	133015
appropriation item 038621.	133016

Effective July 1, 2013, the Director of Budget and Management	133017
shall cancel any existing encumbrances against appropriation item	133018
038629, Problem Gambling and Casino Addictions, and re-establish	133019
them against appropriation items 333629, Problem Gambling and	133020
Casino Addictions - Administration, and 335629, Problem Gambling	133021
and Casino Addictions. The re-established encumbrance amounts are	133022
hereby appropriated. Any business commenced but not completed	133023
under appropriation item 038629 by July 1, 2013, shall be	133024
completed under appropriation items 333629 and 335629 in the same	133025
manner and with the same effect as if it were completed with	133026
regard to appropriation item 038629.	133027

Effective July 1, 2013, the Director of Budget and Management	133028
shall cancel any existing encumbrances against appropriation item	133029
038611, Administrative Reimbursement, and re-establish them	133030
against appropriation item 333639, Administrative Reimbursement.	133031
The re-established encumbrance amounts are hereby appropriated.	133032
Any business commenced but not completed under appropriation item	133033
038611 by July 1, 2013, shall be completed under appropriation	133034
item 333639 in the same manner and with the same effect as if it	133035
were completed with regard to appropriation item 038611.	133036

Effective July 1, 2013, the Director of Budget and Management	133037
shall cancel any existing encumbrances against appropriation item	133038
335635, Community Medicaid Expansion, and re-establish them	133039
against appropriation item 652635, Community Medicaid Legacy	133040
Costs. The re-established encumbrance amounts are hereby	133041
appropriated. Any business commenced but not completed under	133042
appropriation item 335635 by July 1, 2013, shall be completed	133043
under appropriation item 652635 in the same manner and with the	133044
same effect as if it were completed with regard to appropriation	133045
item 335635.	133046

Effective July 1, 2013, the Director of Budget and Management	133047
shall cancel any existing encumbrances against appropriation item	133048
333635, Community Medicaid Expansion, and re-establish them	133049
against appropriation item 652636, Community Medicaid Legacy	133050
Support. The re-established encumbrance amounts are hereby	133051
appropriated. Any business commenced but not completed under	133052
appropriation item 333635 by July 1, 2013, shall be completed	133053
under appropriation item 652636 in the same manner and with the	133054
same effect as if it were completed with regard to appropriation	133055
item 333635.	133056

Effective July 1, 2013, the Director of Budget and Management	133057
shall cancel any existing encumbrances against appropriation item	133058
038610, Medicaid, and re-establish them against appropriation item	133059
652609, Medicaid Legacy Costs Support. The re-established	133060
encumbrance amounts are hereby appropriated. Any business	133061
commenced but not completed under appropriation item 038610 by	133062
July 1, 2013, shall be completed under appropriation item 652609	133063
in the same manner and with the same effect as if it were	133064
completed with regard to appropriation item 038610.	133065

Effective July 1, 2013, the Director of Budget and Management	133066
shall cancel any existing encumbrances against appropriation item	133067
038604, Education and Conferences, and re-establish them against	133068
appropriation item 333640, Education and Conferences. The	133069
re-established encumbrance amounts are hereby appropriated. Any	133070
business commenced but not completed under appropriation item	133071
038604 by July 1, 2013, shall be completed under appropriation	133072
item 333640 in the same manner and with the same effect as if it	133073
were completed with regard to appropriation item 038604.	133074

Effective July 1, 2013, the Director of Budget and Management	133075
shall cancel any existing encumbrances against appropriation item	133076
038401, Treatment Services, and re-establish them against	133077
appropriation items 335421, Continuum of Care Services, 335422,	133078
Criminal Justice Services, and 335406, Prevention and Wellness.	133079
The re-established encumbrance amounts are hereby appropriated.	133080
Any business commenced but not completed under appropriation item	133081
038401 by July 1, 2013, shall be completed under appropriation	133082
items 335421, 335422, and 335406 in the same manner and with the	133083
same effect as if it were completed with regard to appropriation	133084
item 038401.	133085

Effective July 1, 2013, the Director of Budget and Management	133086
shall cancel any existing encumbrances against appropriation item	133087
335419, Community Medication Subsidy, and re-establish them	133088
against appropriation item 335421, Continuum of Care Services. The	133089
re-established encumbrance amounts are hereby appropriated. Any	133090
business commenced but not completed under appropriation item	133091
335419 by July 1, 2013, shall be completed under appropriation	133092
item 335421 in the same manner and with the same effect as if it	133093
were completed with regard to appropriation item 335419.	133094

Effective July 1, 2013, the Director of Budget and Management	133095
shall cancel any existing encumbrances against appropriation item	133096
335505, Local Mental Health Systems of Care, and re-establish them	133097
against appropriation item 335421, Continuum of Care Services. The	133098
re-established encumbrance amounts are hereby appropriated. Any	133099
business commenced but not completed under appropriation item	133100
335505 by July 1, 2013, shall be completed under appropriation	133101
item 335421 in the same manner and with the same effect as if it	133102
were completed with regard to appropriation item 335505.	133103

Effective July 1, 2013, the Director of Budget and Management	133104
shall cancel any existing encumbrances against appropriation item	133105
332401, Forensic Services, and re-establish them against	133106
appropriation item 335422, Criminal Justice Services. The	133107
re-established encumbrance amounts are hereby appropriated. Any	133108
business commenced but not completed under appropriation item	133109
332401 by July 1, 2013, shall be completed under appropriation	133110
item 335422 in the same manner and with the same effect as if it	133111
were completed with regard to appropriation item 332401.	133112

Effective July 1, 2013, the Director of Budget and Management	133113
shall cancel any existing encumbrances against appropriation item	133114
333403, Pre-Admission Screening Expenses, and re-establish them	133115
against appropriation item 652507, Medicaid Support. The	133116
re-established encumbrance amounts are hereby appropriated. Any	133117
business commenced but not completed under appropriation item	133118
333403 by July 1, 2013, shall be completed under appropriation	133119
item 652507 in the same manner and with the same effect as if it	133120
were completed with regard to appropriation item 333403.	133121

Effective July 1, 2013, the Director of Budget and Management	133122
shall cancel any existing encumbrances against appropriation item	133123
038900, Indigent Drivers Alcohol Treatment, and re-establish them	133124
against appropriation item 335900, Indigent Drivers Alcohol	133125
Treatment. The re-established encumbrance amounts are hereby	133126
appropriated. Any business commenced but not completed under	133127
appropriation item 038900 by July 1, 2013, shall be completed	133128
under appropriation item 335900 in the same manner and with the	133129
same effect as if it were completed with regard to appropriation	133130
item 038900.	133131

Effective July 1, 2013, the Director of Budget and Management	133132
shall cancel any existing encumbrances against appropriation item	133133
038404, Prevention Services, and re-establish them against	133134
appropriation item 335406, Prevention and Wellness. The	133135
re-established encumbrance amounts are hereby appropriated. Any	133136
business commenced but not completed under appropriation item	133137
038404 by July 1, 2013, shall be completed under appropriation	133138
item 335406 in the same manner and with the same effect as if it	133139
were completed with regard to appropriation item 038404.	133140

Section 327.20.10. Effective July 1, 2013, the Director of	133141
Mental Health and Addiction Services, with respect to all mental	133142
health and addiction facilities and services established and	133143
operated or provided under Chapter 340. of the Revised Code shall	133144
do all of the following:	133145

(A) To the extent the Director determines necessary, and	133146
after consultation with the boards of alcohol, drug addiction, and	133147
mental health services, develop and operate, or contract for the	133148
operation of, a community behavioral health information system or	133149
systems, and shall specify the information that must be provided	133150
by boards of alcohol, drug addiction, and mental health services	133151
for inclusion in the system or systems, which may include	133152
information on services provided in whole or in part under	133153
contract with a board, financial information regarding	133154
expenditures of federal, state, or local funds by boards, and	133155
information about persons served under contract with a board.	133156

(B)(1) Receive and review each board's community mental	133157
health and addiction services plan, budget, and statement of	133158
services to be made available, and approve or disapprove the plan,	133159
budget, and statement of services in whole or in part.	133160

(2) The Department may withhold all or part of the funds	133161
allocated to a board if it disapproves all or part of a plan,	133162
budget, or statement of service.	133163

(3) Prior to a final decision to disapprove a plan, budget,	133164
or statement of services, or to withhold funds from a board, a	133165
representative of the Director shall meet with the board to	133166
discuss the reasons for the action and any corrective action that	133167
should be taken to make the plan, budget, or statement of services	133168
acceptable, and give the board a reasonable time in which to	133169
revise the plan, budget, or statement of services.	133170

(C) Establish procedures for the review of plans, budgets,	133171
and statements of services, and a timetable for submission and	133172
review. Boards of alcohol, drug addiction, and mental health	133173
services shall submit to the Department of Mental Health and	133174
Addiction Services the information, plans, budgets, and statements	133175
of services described above in accordance with the guidance or	133176
directives of the Department or Director. After notifying and	133177
consulting with relevant constituents, the Department of Mental	133178
Health and Addiction Services shall establish a methodology for	133179
allocating to boards of alcohol, drug addiction, and mental health	133180
services the funds appropriated by the General Assembly to the	133181
Department for the purpose of local mental health and addiction	133182
services continuums of care. Subject to existing provisions of law	133183
that permit the Director to withhold funds from boards of alcohol,	133184
drug addiction, and mental health services for failure to comply	133185
with applicable sections of law, or for discriminating in making	133186
services available, and subject to a board's submission and	133187
approval of the required plan, budget, and statement of services	133188
described above, the Department shall allocate the funds to the	133189
boards in a manner consistent with the methodology and state and	133190
federal laws, rules, and regulations.	133191

Portions of appropriation items 333609, Central Office	133192
Operating, 333606, Demonstration Grants - Administration, 333612,	133193
Social Services Block Grant - Administration, 333613, Federal	133194
Grants - Administration, 333614, Mental Health Block Grant -	133195
Administration, 333618, Substance Abuse Block Grant -	133196
Administration, 333623, Statewide Treatment and Prevention -	133197
Administration, 333629, Problem Gambling and Casino Addictions -	133198
Administration, 333608, Federal Miscellaneous - Administration,	133199
333641, Problem Gambling Services - Administration, 335406,	133200
Prevention and Wellness, 335421, Continuum of Care Services,	133201
335422, Criminal Justice Services, 335604, Community Mental Health	133202
Projects, 335606, Demonstration Grants, 335612, Social Services	133203
Block Grant, 335613, Federal Grant - Community Mental Health	133204
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	133205
Health Care, 335618, Substance Abuse Block Grant, 335623,	133206
Statewide Treatment and Prevention, 335629, Problem Gambling and	133207
Casino Addictions, 335638, Race to the Top - Early Learning	133208
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	133209
may be used to pay for the Department and board functions	133210
enumerated above.	133211

Section 327.20.20. (A) Effective July 1, 2013, all records	133212
and reports, other than court journal entries or court docket	133213
entries, identifying a person and pertaining to the person's	133214
mental health condition, assessment, provision of care or	133215
treatment, or payment for assessment, care, or treatment that are	133216
maintained in connection with any services certified by the	133217
Department of Mental Health and Addiction Services, or any	133218
hospitals or facilities licensed or operated by the Department,	133219
shall be kept confidential and shall not be disclosed by any	133220
person, with the following exceptions:	133221

(1) If the person identified, or the person's legal guardian,	133222
if any, or if the person is a minor, the person's parent or legal	133223
guardian, consents.	133224

(2) When disclosure is provided for in Chapters 340., 5119.,	133225
or 5122., or in Title 47 of the Revised Code.	133226

(3) Hospitals, boards of alcohol, drug addiction, and mental	133227
health services, licensed facilities, and community mental health	133228
services providers may release necessary information to insurers	133229
and other third-party payers, including government entities	133230
responsible for processing and authorizing payment, to obtain	133231
payment for goods and services furnished to the person.	133232

(4) Pursuant to a court order signed by a judge;

133233

(5) A person shall be granted access to the person's own	133234
psychiatric and medical records unless access specifically is	133235
restricted in a person's treatment plan for clear treatment	133236
reasons.	133237

(6) The Department of Mental Health and Addiction Services	133238
may exchange psychiatric records and other pertinent information	133239
with community mental health services providers and boards of	133240
alcohol, drug addiction, and mental health services relating to	133241
the person's care or services. Records and information that may be	133242
exchanged pursuant to this division shall be limited to medication	133243
history, physical health status and history, financial status,	133244
summary of course of treatment, summary of treatment needs, and a	133245
discharge summary, if any.	133246

(7) The Department of Mental Health and Addiction Services,	133247
hospitals, and community providers operated by the Department,	133248
hospitals licensed by the Department under section 5119.20	133249
(5119.33) of the Revised Code and community mental health services	133250
providers may exchange psychiatric records and other pertinent	133251
information with payers and other providers of treatment and	133252
health services if the purpose of the exchange is to facilitate	133253
continuity of care for the person or for the emergency treatment	133254
of the person.	133255

(8) The Department of Mental Health and Addiction Services	133256
and community mental health services providers may exchange	133257
psychiatric records and other pertinent information with boards of	133258
alcohol, drug addiction, and mental health services for purposes	133259
of any board function set forth in Chapter 340. of the Revised	133260
Code. Boards of alcohol, drug addiction, and mental health	133261
services shall not access or use any personal information from the	133262
Department or providers except as required or permitted by this	133263
section, or Chapters 340. and 5122. of the Revised Code for	133264
purposes related to payment, care coordination, health care	133265
operations, program and service evaluation, reporting activities,	133266
research, system administration, oversight, or other authorized	133267
purposes.	133268

(9) A person's family member who is involved in the	133269
provision, planning, and monitoring of services to the person may	133270
receive medication information, a summary of the person's	133271
diagnosis and prognosis, and a list of the services and personnel	133272
available to assist the person and the person's family, if the	133273
person's treatment provider determines that the disclosure would	133274
be in the best interests of the person. No such disclosure shall	133275
be made unless the person is notified first and receives the	133276
information and does not object to the disclosure.	133277

(10) Community mental health services providers may exchange	133278
psychiatric records and certain other information with the board	133279
of alcohol, drug addiction, and mental health services and other	133280
providers in order to provide services to a person involuntarily	133281
committed to a board. Release of records under this division shall	133282
be limited to medication history, physical health status and	133283
history, financial status, summary of course of treatment, summary	133284
of treatment needs, and discharge summary, if any.	133285

(11) Information may be disclosed to the executor or the	133286
administrator of an estate of a deceased person when the	133287
information is necessary to administer the estate.	133288

(12) Information may be disclosed to staff members of the	133289
appropriate board or to staff members designated by the Director	133290
of Mental Health and Addiction Services for the purpose of	133291
evaluating the quality, effectiveness, and efficiency of services	133292
and determining if the services meet minimum standards.	133293
Information obtained during such evaluations shall not be retained	133294
with the name of any person.	133295

(13) Records pertaining to the person's diagnosis, course of	133296
treatment, treatment needs, and prognosis shall be disclosed and	133297
released to the appropriate prosecuting attorney if the person was	133298
committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401,	133299
or 2945.402 of the Revised Code, or to the attorney designated by	133300
the board for proceedings pursuant to involuntary commitment under	133301
Chapter 5122. of the Revised Code.	133302

(14) The Department of Mental Health and Addiction Services	133303
may exchange psychiatric hospitalization records, other mental	133304
health treatment records, and other pertinent information with the	133305
Department of Rehabilitation and Correction and with the	133306
Department of Youth Services to ensure continuity of care for	133307
inmates and offenders who are receiving mental health services in	133308
an institution of the Department of Rehabilitation and Correction	133309
or the Department of Youth Services and may exchange psychiatric	133310
hospitalization records, other mental health treatment records,	133311
and other pertinent information with boards of alcohol, drug	133312
addiction, and mental health services and community mental health	133313
services providers to ensure continuity of care for inmates or	133314
offenders who are receiving mental health services in an	133315
institution and are scheduled for release within six months. The	133316
release of records under this division is limited to records	133317
regarding an inmate's or offender's medication history, physical	133318
health status and history, summary of course of treatment, summary	133319
of treatment needs, and a discharge summary, if any.	133320

(15) A community mental health services provider that ceases	133321
to operate may transfer to either a community mental health	133322
services provider that assumes its caseload or to the board of	133323
alcohol, drug addiction, and mental health services of the service	133324
district in which the person resided at the time services were	133325
most recently provided any treatment records that have not been	133326
transferred elsewhere at the person's request.	133327

(B) Before records are disclosed pursuant to divisions	133328
(A)(3), (6), or (10) of this section, the custodian of the records	133329
shall attempt to obtain the consent of the person in question for	133330
the disclosure.	133331

(C) No person shall reveal the content of a medical record of	133332
a person except as authorized by the law.	133333

(D) Portions of appropriation items 333321, Central	133334
Administration, 333416, Research Program Evaluation, 333605,	133335
Medicaid/Medicare - Refunds, 333606, Demonstration Grants -	133336
Administration, 333608, Federal Miscellaneous - Administration,	133337
333609, Central Office Opening, 333611, Non-Federal Miscellaneous,	133338
333612, Social Services Block Grant - Administration, 333613,	133339
Federal Grants - Administration, 333614, Mental Health Block Grant	133340
- Administration, 333618, Substance Abuse Block Grant -	133341
Administration, 333621, Family and Children First Administration,	133342
333623, Statewide Treatment and Prevention - Administration,	133343
333629, Problem Gambling and Casino Addictions - Administration,	133344
333632, Mental Health Operating - Refunds, 333608, Federal	133345
Miscellaneous - Administration, 333640, Education and Conferences,	133346
333641, Problem Gambling Services - Administration, 333639,	133347
Administrative Reimbursement, 334605, Medicaid/Medicare -	133348
Hospitals, 334608, Federal Miscellaneous - Hospitals, 334609,	133349
Hospital - Operating Expenses, 334613, Federal Letter of Credit,	133350
334620, Special Education, 334632, Mental Health Operating -	133351
Hospitals, 335405, Family and Children First, 335406, Prevention	133352
and Wellness, 335421, Continuum of Care Services, 335422, Criminal	133353
Justice Services, 335604, Community Mental Health Projects,	133354
335506, Residential State Supplement, 335608, Federal	133355
Miscellaneous, 335606, Demonstration Grants, 335612, Social	133356
Services Block Grant, 335613, Federal Grant - Community Mental	133357
Health Subsidy, 335614, Mental Health Block Grant, 335615,	133358
Behavioral Health Care, 335618, Substance Abuse Block Grant,	133359
335623, Statewide Treatment and Prevention, 335629, Problem	133360
Gambling and Casino Addictions, 335638, Race to the Top - Early	133361
Learning Challenge Grant, 335900, Indigent Drivers Alcohol	133362
Treatment, 336601, Office of Support Services, 652609, Medicaid	133363
Legacy Costs Support, 652635, Community Medicaid Legacy Costs, and	133364
652636, Community Medicaid Legacy Support, may be used to pay for	133365
the Department and community mental health system functions that	133366
operate under the confidentiality provisions enumerated above.	133367

Section 327.20.30. Effective July 1, 2013, the Director of	133368
Mental Health and Addiction Services may adopt rules pursuant to	133369
Chapter 119. of the Revised Code governing licensure and operation	133370
of residential facilities, that include procedures for conducting	133371
criminal records checks for operators, employees, and volunteers	133372
who have direct access to facility residents.	133373

Portions of appropriation items 334506, Court Costs, 335406,	133374
Prevention and Wellness, 335421, Continuum of Care Services,	133375
335614, Mental Health Block Grant, 335506, Residential State	133376
Supplement, 335615, Behavioral Health Care, 335618, Substance	133377
Abuse Block Grant, 335623, Statewide Treatment and Prevention, and	133378
335900, Indigent Drivers Alcohol Treatment, may be used to pay for	133379
these regulated activities.	133380

Section 327.20.40. Effective July 1, 2013, to the extent	133381
funds are available and on application of boards of alcohol, drug	133382
addiction, and mental health services, the Director of Mental	133383
Health and Addiction Services may approve state reimbursement of,	133384
or state grants for, community construction programs, including	133385
residential housing for severely mentally disabled persons and	133386
persons with substance use disorders. The Director may also	133387
approve an application for reimbursement or a grant for such	133388
programs submitted by other governmental entities or by private,	133389
nonprofit organizations after the board of alcohol, drug	133390
addiction, and mental health services has reviewed and approved	133391
the application and the application is consistent with the plan,	133392
budget, and statement of services submitted to and approved by the	133393
Department. The Director shall adopt rules in accordance with	133394
Chapter 119. of the Revised Code that specify procedures for	133395
applying for state reimbursement and for state grants for	133396
community construction programs, including residential housing for	133397
severely mentally disabled persons and persons with substance use	133398
disorders.	133399

Portions of appropriation item 335616, Community Capital	133400
Replacement, may be used to pay for the Department functions	133401
enumerated above.	133402

Section 327.20.50. Effective July 1, 2013, the Department of	133403
Mental Health and Addiction Services shall collect information	133404
about services delivered and persons served as required for	133405
reporting and evaluation relating to state and federal funds	133406
expended for such purposes. No alcohol, drug addiction, or mental	133407
health program, agency, or services provider shall fail to supply	133408
statistics or other information within its knowledge and with	133409
respect to its programs or services upon the request of the	133410
department.	133411

Portions of appropriation items 333321, Central	133412
Administration, 333609 Central Office Operating, 333606,	133413
Demonstration Grants - Administration, 333612, Social Services	133414
Block Grant - Administration, 333613, Federal Grants -	133415
Administration, 333614, Mental Health Block Grant -	133416
Administration, 333618, Substance Abuse Block Grant -	133417
Administration, 333623, Statewide Treatment and Prevention -	133418
Administration, 333629, Problem Gambling and Casino Addictions -	133419
Administration, 333608, Federal Miscellaneous - Administration,	133420
333641, Problem Gambling Services - Administration, 335406,	133421
Prevention and Wellness, 335421, Continuum of Care Services,	133422
335422, Criminal Justice Services, 335604, Community Mental Health	133423
Projects, 335606, Demonstration Grants, 335612, Social Services	133424
Block Grant, 335613, Federal Grant - Community Mental Health	133425
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	133426
Health Care, 335618, Substance Abuse Block Grant, 335623,	133427
Statewide Treatment and Prevention, 335629, Problem Gambling and	133428
Casino Addictions, 335638, Race to the Top - Early Learning	133429
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	133430
652609, Medicaid Legacy Costs Support, and 652636, Community	133431
Medicaid Legacy Support, may be used to pay for the Department	133432
information collection and reporting functions enumerated above.	133433

Section 327.20.60. The Department of Mental Health and	133434
Addiction Services shall administer specified Medicaid services as	133435
delegated by the State's single agency responsible for the	133436
Medicaid program. Effective July 1, 2013, the Department shall use	133437
appropriation item 652507, Medicaid Support, to fund the	133438
Medicaid-related services and supports performed by the	133439
Department.	133440

Section 327.30. RESIDENT TRAINEES

133441

The foregoing appropriation item 333402, Resident Trainees,	133442
shall be used to fund training agreements entered into by the	133443
Director of Mental Health and Addiction Services for the	133444
development of curricula and the provision of training programs to	133445
support public mental health services.	133446

Section 327.40. LEASE-RENTAL PAYMENTS

133447

The foregoing appropriation item 333415, Lease-Rental	133448
Payments, shall be used to meet all payments at the times they are	133449
required to be made during the period from July 1, 2013, through	133450
June 30, 2015, by the Department of Mental Health and Addiction	133451
Services under leases and agreements made under section 154.20 of	133452
the Revised Code. These appropriations are the source of funds	133453
pledged for bond service charges on obligations issued pursuant to	133454
Chapter 154. of the Revised Code.	133455

Section 327.50. HOSPITAL SERVICES

133456

The foregoing appropriation item 334412, Hospital Services,	133457
shall be used for the operation of the State Regional Psychiatric	133458
Hospitals, including, but not limited to, all aspects involving	133459
civil and forensic commitment, treatment, and discharge as	133460
determined by the Director of Mental Health and Addiction	133461
Services. A portion of this appropriation may be used by the	133462
Department of Mental Health and Addiction Services to create,	133463
purchase, or contract for the custody, supervision, control, and	133464
treatment of persons committed to the Department of Mental Health	133465
and Addiction Services in other clinically appropriate	133466
environments, consistent with public safety.	133467

Section 327.60. CONTINUUM OF CARE SERVICES

133468

The foregoing appropriation item 335421, Continuum of Care	133469
Services, shall be used as follows:	133470

(A) A portion of this appropriation may be allocated to	133471
community alcohol, drug addiction, and mental health services	133472
boards in accordance with a distribution methodology determined by	133473
the Director of Mental Health and Addiction Services:	133474

(1) For the boards to purchase mental health and addiction	133475
services permitted under Chapter 340. of the Revised Code;	133476

(2) To provide subsidized support for psychotropic medication	133477
needs of indigent citizens in the community to reduce unnecessary	133478
hospitalization due to lack of medication; and	133479

(3) To provide subsidized support for medication assisted	133480
treatment costs.	133481

(B) A portion of this appropriation may be distributed to	133482
community alcohol, drug addiction, and mental health services	133483
boards, community addiction and/or mental health services	133484
providers, courts, or other governmental entities to provide	133485
specific grants in support of mental health and addiction services	133486
initiatives.	133487

(C) $665,196 shall be allocated to The Ohio State University	133488
STAR House in each fiscal year.	133489

Section 327.70. CRIMINAL JUSTICE SERVICES

133490

The foregoing appropriation item 335422, Criminal Justice	133491
Services, shall be used to provide forensic psychiatric	133492
evaluations to courts of common pleas and to conduct evaluations	133493
of patients of forensic status in facilities operated or	133494
designated by the Department of Mental Health and Addiction	133495
Services prior to conditional release to the community. A portion	133496
of this appropriation may be allocated through community alcohol,	133497
drug addiction, and mental health services boards to community	133498
addiction and/or mental health services providers in accordance	133499
with a distribution methodology as determined by the Director of	133500
Mental Health and Addiction Services.	133501

Appropriation item 335422, Criminal Justice Services, may	133502
also be used to:	133503

(A) Provide forensic monitoring and tracking of individuals	133504
on conditional release;	133505

(B) Provide forensic training;

133506

(C) Support projects that assist courts and law enforcement	133507
to identify and develop appropriate alternative services to	133508
incarceration for nonviolent mentally ill offenders;	133509

(D) Provide specialized re-entry services to offenders	133510
leaving prisons and jails;	133511

(E) Provide specific grants in support of addiction services	133512
alternatives to incarceration;	133513

(F) Support specialty dockets; and

133514

(G) Support therapeutic communities.

133515

Section 327.80. COMMUNITY INNOVATIONS

133516

The foregoing appropriation item 335504, Community	133517
Innovations, may be used by the Department of Mental Health and	133518
Addiction Services to make targeted investments in programs,	133519
projects, or systems operated by or under the authority of other	133520
state agencies, governmental entities, or private not-for-profit	133521
agencies that impact, or are impacted by, the operations and	133522
functions of the Department, with the goal of achieving a net	133523
reduction in expenditure of state general revenue funds and/or	133524
improved outcomes for Ohio citizens without a net increase in	133525
state general revenue fund spending.	133526

The Director shall identify and evaluate programs, projects,	133527
or systems proposed or operated, in whole or in part, outside of	133528
the authority of the Department, where targeted investment of	133529
these funds in the program, project, or system is expected to	133530
decrease demand for the Department or other resources funded with	133531
state general revenue funds, and/or to measurably improve outcomes	133532
for Ohio citizens with mental illness or with alcohol, drug, or	133533
gambling addictions. The Director shall have discretion to	133534
transfer money from the appropriation item to other state	133535
agencies, governmental entities, or private not-for-profit	133536
agencies in amounts, and subject to conditions, that the Director	133537
determines most likely to achieve state savings and/or improved	133538
outcomes. Distribution of moneys from this appropriation item	133539
shall not be subject to sections 9.23 to 9.239 or Chapter 125. of	133540
the Revised Code.	133541

The Department shall enter into an agreement with each	133542
recipient of community innovation funds, identifying: allowable	133543
expenditure of the funds; other commitment of funds or other	133544
resources to the program, project, or system; expected state	133545
savings and/or improved outcomes and proposed mechanisms for	133546
measurement of such savings or outcomes; and required reporting	133547
regarding expenditure of funds and savings or outcomes achieved.	133548

The foregoing appropriation item 335504, Community	133549
Innovations, may also be used by the Department to make payments	133550
to the Rehabilitation Services Commission for vocational	133551
rehabilitation services to individuals receiving mental health or	133552
addiction services paid for with public dollars.	133553

Section 327.83. COMMUNITY BEHAVIORAL HEALTH

133554

Of the foregoing appropriation item 335507, Community	133555
Behavioral Health, $30,000,000 in each fiscal year shall be	133556
allocated to community alcohol, drug addiction, and mental health	133557
services boards to provide mental health services. The Department	133558
of Mental Health and Addiction Services shall allocate these funds	133559
to the boards using the same methodology used to allocate other	133560
mental health services subsidies.	133561

Of the foregoing appropriation item 335507, Community	133562
Behavioral Health, $20,000,000 in each fiscal year shall be	133563
allocated to community alcohol, drug addiction, and mental health	133564
services boards to be used for addiction services including	133565
medication, treatment programs, and counseling. Of this amount, at	133566
least fifty per cent shall be used for drug treatment using	133567
non-opiate drugs. The Department shall allocate these funds to the	133568
boards using the same methodology used to allocate other addiction	133569
services subsidies.	133570

Section 327.90. COMMUNITY OPERATING/PLANNING

133571

Appropriation item 335609, Community Operating/Planning, may	133572
be used by the Department of Mental Health and Addiction Services	133573
to make payments to the Rehabilitation Services Commission for	133574
vocational rehabilitation services to individuals receiving mental	133575
health or addiction services paid for with public dollars.	133576

In addition, appropriation item 335609, Community	133577
Operating/Planning, may be used by the Department to make	133578
incentive payments to operators of residential facilities that are	133579
licensed by the Department of Mental Health and Addiction Services	133580
and provide accommodations and personal care services for one or	133581
two unrelated adults or accommodations, supervision, and personal	133582
care services for three to sixteen unrelated adults. The incentive	133583
payments shall be granted based upon operators demonstrating	133584
linkage between their facilities' residents and community	133585
resources, based on the residents' needs including, but not	133586
limited to, aged, mental health, and physical health issues. The	133587
financial incentive shall be used to support community living for	133588
individuals with a disability or who are aged, and to assist with	133589
costs arising from facility operations.	133590

Appropriation item 335609, Community Operating/Planning, may	133591
also be used by the Department to support non-Medicaid program	133592
costs for individuals moving into community settings.	133593

Section 327.100. RESIDENTIAL STATE SUPPLEMENT

133594

(A) As used in this section:

133595

(1) "Residential facility" means a facility licensed by the	133596
Department of Mental Health and Addiction Services under section	133597
5119.34 of the Revised Code.	133598

(2) "Residential care facility" means a facility licensed by	133599
the Director of Health under Chapter 3721. of the Revised Code or	133600
by a political subdivision certified under section 3721.09 of the	133601
Revised Code.	133602

(B) The foregoing appropriation item 335506, Residential	133603
State Supplement, may be used by the Department of Mental Health	133604
and Addiction Services to provide training for residential	133605
facilities providing accommodations, supervision, and personal	133606
care services to three to sixteen unrelated adults with mental	133607
illness, to transfer cash to the Nursing Home Franchise Permit Fee	133608
Fund (Fund 5R20) used by the Department of Job and Family	133609
Services, and to make benefit payments to residential state	133610
supplement recipients.	133611

(C) Under the Residential State Supplement Program, the	133612
amount used to determine whether a resident is eligible for	133613
payment, and for determining the amount per month the eligible	133614
resident will receive, shall be as follows:	133615

(1) $927 for a residential care facility;

133616

(2) $927 for a residential facility that provides	133617
accommodations, supervision, and personal care services for six to	133618
sixteen unrelated adults as described in section 5119.34 of the	133619
Revised Code;	133620

(3) $824 for a residential facility that provides	133621
accommodations, supervision, and personal care services for one or	133622
two unrelated adults as described in division (A)(9)(b)(ii) of	133623
section 5119.34 of the Revised Code;	133624

(4) $824 for a residential facility providing accommodations,	133625
supervision, and personal care services to three to five unrelated	133626
adults, as described in section 5119.34 of the Revised Code;	133627

(5) $824 for a residential facility that provides	133628
accommodations, supervision, and personal care services for one or	133629
two unrelated persons with mental illness or persons with severe	133630
mental disabilities who are referred by or are receiving mental	133631
health services from a community mental health services provider	133632
or a hospital, as described in division (A)(9)(b)(i) of section	133633
5119.34 of the Revised Code;	133634

(6) $618 for community mental health housing services, as	133635
described in division (D)(1)(c) of section 5119.41 of the Revised	133636
Code.	133637

The Department of Mental Health and Addiction Services shall	133638
reflect these amounts in any applicable rules the Department	133639
adopts under section 5119.41 of the Revised Code.	133640

(D) The Department of Mental Health and Addiction Services	133641
shall, with the input of stakeholders and impacted state agencies,	133642
conduct a review of the state and federal rules and statutes	133643
governing the Residential State Supplement Program and report on	133644
potential improvements to be made in governing the program not	133645
later than January 1, 2014.	133646

Section 327.110. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	133647
POOL	133648

A county family and children first council may establish and	133649
operate a flexible funding pool in order to assure access to	133650
needed services by families, children, and older adults in need of	133651
protective services. The operation of the flexible funding pools	133652
shall be subject to the following restrictions:	133653

(A) The county council shall establish and operate the	133654
flexible funding pool in accordance with formal guidance issued by	133655
the Family and Children First Cabinet Council;	133656

(B) The county council shall produce an annual report on its	133657
use of the pooled funds. The annual report shall conform to a	133658
format prescribed in the formal guidance issued by the Family and	133659
Children First Cabinet Council;	133660

(C) Unless otherwise restricted, funds transferred to the	133661
flexible funding pool may include state general revenues allocated	133662
to local entities to support the provision of services to families	133663
and children;	133664

(D) The amounts transferred to the flexible funding pool	133665
shall be limited to amounts that can be redirected without	133666
impairing the achievement of the objectives for which the initial	133667
allocation is designated; and	133668

(E) Each amount transferred to the flexible funding pool from	133669
a specific allocation shall be approved for transfer by the	133670
director of the local agency that was the original recipient of	133671
the allocation.	133672

Section 329.10. MIH COMMISSION ON MINORITY HEALTH

133673

General Revenue Fund	133674

GRF	149321	Operating Expenses	$	581,490	$	591,615	133675
GRF	149501	Minority Health Grants	$	889,100	$	878,975	133676
GRF	149502	Lupus Program	$	110,047	$	110,047	133677
TOTAL GRF General Revenue Fund			$	1,580,637	$	1,580,637	133678

Federal Special Revenue Fund Group	133679

3J90	149602	Federal Grants	$	140,000	$	140,000	133680
TOTAL FED Federal Special Revenue							133681
Fund Group			$	140,000	$	140,000	133682

State Special Revenue Fund Group	133683

4C20	149601	Minority Health Conference	$	25,000	$	25,000	133684
TOTAL SSR State Special Revenue							133685
Fund Group			$	25,000	$	25,000	133686
TOTAL ALL BUDGET FUND GROUPS			$	1,745,637	$	1,745,637	133687

Section 331.10. CRB MOTOR VEHICLE REPAIR BOARD

133689

General Services Fund Group	133690

4K90	865601	Operating Expenses	$	487,592	$	484,292	133691
TOTAL GSF General Services							133692
Fund Group			$	487,592	$	484,292	133693
TOTAL ALL BUDGET FUND GROUPS			$	487,592	$	484,292	133694

Section 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

133696

General Revenue Fund	133697

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	133698
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	133699
GRF	725456	Canal Lands	$	135,000	$	135,000	133700
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	133701
GRF	725505	Healthy Lake Erie Fund	$	350,000	$	200,000	133702
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	133703
GRF	725508	Oil and Gas Program	$	7,200,000	$	7,350,000	133704
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	25,443,000	133705
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	133706
GRF	728321	Division of Geological Survey	$	800,000	$	800,000	133707
GRF	729321	Office of Information Technology	$	177,405	$	177,405	133708
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	133709
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	133710
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	133711
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	133712
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	133713
TOTAL GRF General Revenue Fund			$	105,180,489	$	108,618,536	133714

General Services Fund Group	133715

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	133716
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	133717
2040	725687	Information Services	$	5,179,097	$	5,288,168	133718
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	133719
2070	725690	Real Estate Services	$	50,000	$	50,000	133720
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	133721
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	133722
4300	725671	Canal Lands	$	883,879	$	883,879	133723
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	133724
4X80	725662	Water Resources Council	$	138,005	$	138,005	133725
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	133726
5160	725620	Water Management	$	2,559,292	$	2,559,292	133727
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	133728
6970	725670	Submerged Lands	$	852,982	$	869,145	133729
TOTAL GSF General Services							133730
Fund Group			$	25,457,857	$	25,451,293	133731

Federal Special Revenue Fund Group	133732

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	133733
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	133734
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	133735
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	133736
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	133737
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	133738
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	133739
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	133740
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	133741
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	133742
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	133743
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	133744
TOTAL FED Federal Special Revenue							133745
Fund Group			$	28,386,819	$	28,048,201	133746

State Special Revenue Fund Group	133747

4J20	725628	Injection Well Review	$	128,466	$	128,466	133748
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	133749
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	133750
5090	725602	State Forest	$	6,873,330	$	6,880,158	133751
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	133752
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	133753
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	133754
5180	725643	Oil and Gas Permit Fees	$	12,812,311	$	13,140,201	133755
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	133756
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	133757
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	133758
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	133759
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	133760
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	133761
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	133762
5B30	725674	Mining Regulation	$	28,135	$	28,135	133763
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	133764
5BV0	725683	Soil and Water Districts	$	8,250,000	$	8,250,000	133765
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	133766
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	133767
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	133768
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	133769
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	133770
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	133771
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	133772
5MW0	725604	Natural Resources Special Purposes	$	6,000,000	$	6,000,000	133773
6150	725661	Dam Safety	$	943,517	$	943,517	133774
TOTAL SSR State Special Revenue							133775
Fund Group			$	76,215,753	$	77,339,464	133776

Clean Ohio Conservation Fund Group	133777

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		133778
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		133779

Wildlife Fund Group	133780

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	133781
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	133782
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	133783
8160	725649	Wetlands Habitat	$	966,885	$	966,885	133784
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	133785
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	133786
8190	725685	Ohio River Management	$	203,584	$	203,584	133787
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	133788
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	133789

Waterways Safety Fund Group	133790

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	133791
7086	725418	Buoy Placement	$	52,182	$	52,182	133792
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	133793
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	133794
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	133795
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	133796
TOTAL WSF Waterways Safety Fund							133797
Group			$	26,276,019	$	26,106,019	133798

Accrued Leave Liability Fund Group	133799

4M80	725675	FOP Contract	$	20,219	$	20,219	133800
TOTAL ALF Accrued Leave							133801
Liability Fund Group			$	20,219	$	20,219	133802

Holding Account Redistribution Fund Group	133803

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	133804
R043	725624	Forestry	$	2,100,000	$	2,100,000	133805
TOTAL 090 Holding Account							133806
Redistribution Fund Group			$	2,596,263	$	2,596,263	133807
TOTAL ALL BUDGET FUND GROUPS			$	329,891,676	$	334,547,664	133808

Section 333.20. CENTRAL SUPPORT INDIRECT

133810

With the exception of the Division of Wildlife, whose direct	133811
and indirect central support charges shall be paid out of the	133812
General Revenue Fund from the foregoing appropriation item 725401,	133813
Wildlife-GRF Central Support, the Department of Natural Resources,	133814
with approval of the Director of Budget and Management, shall	133815
utilize a methodology for determining each division's payments	133816
into the Central Support Indirect Fund (Fund 1570). The	133817
methodology used shall contain the characteristics of	133818
administrative ease and uniform application in compliance with	133819
federal grant requirements. It may include direct cost charges for	133820
specific services provided. Payments to Fund 1570 shall be made	133821
using an intrastate transfer voucher.	133822

Section 333.30. LEASE RENTAL PAYMENTS

133823

The foregoing appropriation item 725413, Lease Rental	133824
Payments, shall be used to meet all payments at the times they are	133825
required to be made during the period from July 1, 2013, through	133826
June 30, 2015, by the Department of Natural Resources pursuant to	133827
leases and agreements made under section 154.22 of the Revised	133828
Code. These appropriations are the source of funds pledged for	133829
bond service charges on related obligations issued under Chapter	133830
154. of the Revised Code.	133831

CANAL LANDS

133832

The foregoing appropriation item 725456, Canal Lands, shall	133833
be used to provide operating expenses for the State Canal Lands	133834
Program.	133835

HEALTHY LAKE ERIE FUND

133836

Of the foregoing appropriation item 725505, Healthy Lake Erie	133837
Fund, up to $350,000 in fiscal year 2014 and up to $200,000 in	133838
fiscal year 2015 shall be used by the Director of Natural	133839
Resources, in consultation with the Director of Agriculture and	133840
the Director of Environmental Protection, to implement	133841
nonstatutory recommendations of the Agriculture Nutrients and	133842
Water Quality Working Group. The Director shall give priority to	133843
recommendations that encourage farmers to adopt agricultural	133844
production guidelines commonly known as 4R nutrient stewardship	133845
practices. Funds may also be used for enhanced soil testing in the	133846
Western Lake Erie Basin, monitoring the quality of Lake Erie and	133847
its tributaries, and conducting research and establishing pilot	133848
projects that have the goal of reducing algae blooms in Lake Erie.	133849

COAL AND MINE SAFETY PROGRAM

133850

The foregoing appropriation item 725507, Coal and Mine Safety	133851
Program, shall be used for the administration of the Mine Safety	133852
Program and the Coal Regulation Program.	133853

OIL AND GAS PROGRAM

133854

The foregoing appropriation item 725508, Oil and Gas Program,	133855
shall be used for the Oil and Gas Program.	133856

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

133857

The foregoing appropriation item 725903, Natural Resources	133858
General Obligation Debt Service, shall be used to pay all debt	133859
service and related financing costs during the period July 1,	133860
2013, through June 30, 2015, on obligations issued under sections	133861
151.01 and 151.05 of the Revised Code.	133862

Section 333.40. WELL LOG FILING FEES

133863

The Chief of the Division of Soil and Water Resources shall	133864
deposit fees forwarded to the Division pursuant to section 1521.05	133865
of the Revised Code into the Departmental Services – Intrastate	133866
Fund (Fund 1550) for the purposes described in that section.	133867

Section 333.50. HUMAN RESOURCES DIRECT SERVICE

133868

The foregoing appropriation item 725696, Human Resources	133869
Direct Service, shall be used to cover the cost of support,	133870
coordination, and oversight of the Department of Natural	133871
Resources' human resources functions. The Human Resources	133872
Chargeback Fund (Fund 2050) shall consist of cash transferred to	133873
it via intrastate transfer voucher from other funds as determined	133874
by the Director of Natural Resources and the Director of Budget	133875
and Management.	133876

Section 333.60. LAW ENFORCEMENT ADMINISTRATION

133877

The foregoing appropriation item 725665, Law Enforcement	133878
Administration, shall be used to cover the cost of support,	133879
coordination, and oversight of the Department of Natural	133880
Resources' law enforcement functions. The Law Enforcement	133881
Administration Fund (Fund 2230) shall consist of cash transferred	133882
to it via intrastate transfer voucher from other funds as	133883
determined by the Director of Natural Resources and the Director	133884
of Budget and Management.	133885

Section 333.70. FOUNTAIN SQUARE AND ODNR GROUNDS AT THE OHIO	133886
EXPO CENTER	133887

The foregoing appropriation item 725664, Fountain Square	133888
Facilities Management, shall be used for payment of repairs,	133889
renovation, utilities, property management, and building	133890
maintenance expenses for the Fountain Square complex and the	133891
Department of Natural Resources grounds at the Ohio Expo Center.	133892
Cash transferred by intrastate transfer vouchers from various	133893
department funds and rental income received by the Department of	133894
Natural Resources shall be deposited into the Fountain Square	133895
Facilities Management Fund (Fund 6350).	133896

Section 333.80. SOIL AND WATER DISTRICTS

133897

In addition to state payments to soil and water conservation	133898
districts authorized by section 1515.10 of the Revised Code, the	133899
Department of Natural Resources may use appropriation item 725683,	133900
Soil and Water Districts, to pay any soil and water conservation	133901
district an annual amount not to exceed $40,000, upon receipt of a	133902
request and justification from the district and approval by the	133903
Ohio Soil and Water Conservation Commission. The county auditor	133904
shall credit the payments to the special fund established under	133905
section 1515.10 of the Revised Code for the local soil and water	133906
conservation district. Moneys received by each district shall be	133907
expended for the purposes of the district.	133908

OIL AND GAS WELL PLUGGING

133909

The foregoing appropriation item 725677, Oil and Gas Well	133910
Plugging, shall be used exclusively for the purposes of plugging	133911
wells and to properly restore the land surface of idle and orphan	133912
oil and gas wells pursuant to section 1509.071 of the Revised	133913
Code. No funds from the appropriation item shall be used for	133914
salaries, maintenance, equipment, or other administrative	133915
purposes, except for those costs directly attributed to the	133916
plugging of an idle or orphan well. This appropriation item shall	133917
not be used to transfer cash to any other fund or appropriation	133918
item.	133919

Section 333.90. CLEAN OHIO OPERATING EXPENSES

133920

The foregoing appropriation item 725405, Clean Ohio	133921
Operating, shall be used by the Department of Natural Resources in	133922
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	133923
to section 1519.05 of the Revised Code.	133924

Section 333.100. WATERCRAFT MARINE PATROL

133925

Of the foregoing appropriation item 739401, Division of	133926
Watercraft, up to $200,000 in each fiscal year shall be expended	133927
for the purchase of equipment for marine patrols qualifying for	133928
funding from the Department of Natural Resources pursuant to	133929
section 1547.67 of the Revised Code. Proposals for equipment shall	133930
accompany the submission of documentation for receipt of a marine	133931
patrol subsidy pursuant to section 1547.67 of the Revised Code and	133932
shall be loaned to eligible marine patrols pursuant to a	133933
cooperative agreement between the Department of Natural Resources	133934
and the eligible marine patrol.	133935

Section 333.110. PARKS CAPITAL EXPENSES FUND

133936

The Director of Natural Resources shall submit to the	133937
Director of Budget and Management the estimated design,	133938
engineering, and planning costs of capital-related work to be done	133939
by Department of Natural Resources staff for parks projects within	133940
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	133941
Director of Budget and Management approves the estimated costs,	133942
the Director may release appropriations from appropriation item	133943
C725E6, Project Planning, Fund 7035, for those purposes. Upon	133944
release of the appropriations, the Department of Natural Resources	133945
shall pay for these expenses from the Parks Capital Expenses Fund	133946
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	133947
Fund 7035 using an intrastate transfer voucher.	133948

NATUREWORKS CAPITAL EXPENSES FUND

133949

The Department of Natural Resources shall periodically	133950
prepare and submit to the Director of Budget and Management the	133951
estimated design, planning, and engineering costs of	133952
capital-related work to be done by Department of Natural Resources	133953
staff for each capital improvement project within the Ohio Parks	133954
and Natural Resources Fund (Fund 7031). If the Director of Budget	133955
and Management approves the estimated costs, the Director may	133956
release appropriations from appropriation item C725E5, Project	133957
Planning, in Fund 7031, for those purposes. Upon release of the	133958
appropriations, the Department of Natural Resources shall pay for	133959
these expenses from the Capital Expenses Fund (Fund 4S90).	133960
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	133961
using an intrastate transfer voucher.	133962

Section 333.120. ELIMINATION OF DORMANT FUNDS

133963

The following funds are hereby abolished and the fund names	133964
and fund numbers shall be stricken from the list of funds falling	133965
within the jurisdiction of the Department of Natural Resources:	133966

Fund Number	Fund Name	133967
1580	Reprint and Replacement - Intrastate	133968
1610	Parks and Recreation Depreciation Reserve	133969
1620	Civilian Conservation Corps Earned Revenues	133970
2060	General Services	133971
5080	Natural Resources Publications and Promotions	133972
5190	Burr Oak Water Plant	133973
5250	Reclamation Forfeiture	133974
5300	Surface Mining Reclamation	133975
8800	Cooperative Boat Harbor Project	133976
4B80	Forestry Development	133977
5F90	Flood Reimbursement	133978
81A0	Wildlife Education	133979
R029	Reclamation Fee	133980
R030	Surface Mining Reclamation Fee	133981
R040	Wildlife Refunds	133982
3280	Federal Special Revenue	133983
3P00	Natural Areas and Preserves - Federal	133984
5K10	Urban Forestry Grant	133985
5150	Conservancy District Organization	133986
6300	Wild Animal	133987
3CH0	Mined Land Set Aside	133988

TRANSFER OF ELIMINATED DORMANT FUNDS

133989

The Watercraft Revolving Loan Fund (Fund 5AW0) is hereby	133990
abolished. Any balance remaining in the fund as of July 1, 2013,	133991
shall be transferred into the Waterways Safety Fund (Fund 7086)	133992
and appropriated to appropriation item 739401, Division of	133993
Watercraft.	133994

The Division of Forestry Law Enforcement Fund (Fund 5EJ0) and	133995
the Division of Natural Areas and Preserves Law Enforcement Fund	133996
(Fund 5EK0) are hereby abolished. Any balance remaining in these	133997
funds as of July 1, 2013, shall be transferred into the Park Law	133998
Enforcement Fund (Fund 5EM0) and appropriated to appropriation	133999
item 725613, Park Law Enforcement.	134000

Section 335.10. NUR STATE BOARD OF NURSING

134001

General Services Fund Group	134002

4K90	884609	Operating Expenses	$	7,181,743	$	7,273,978	134003
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	134004
5P80	884601	Nursing Special Issues	$	2,000	$	2,000	134005
TOTAL GSF General Services							134006
Fund Group			$	8,557,249	$	8,649,484	134007
TOTAL ALL BUDGET FUND GROUPS			$	8,557,249	$	8,649,484	134008

Section 337.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	134010
AND ATHLETIC TRAINERS BOARD	134011

General Services Fund Group	134012

4K90	890609	Operating Expenses	$	866,169	$	925,897	134013
TOTAL GSF General Services Fund Group			$	866,169	$	925,897	134014
TOTAL ALL BUDGET FUND GROUPS			$	866,169	$	925,897	134015

Section 339.10. OLA OHIOANA LIBRARY ASSOCIATION

134017

General Revenue Fund	134018

GRF	355501	Library Subsidy	$	135,000	$	140,000	134019
TOTAL GRF General Revenue Fund			$	135,000	$	140,000	134020
TOTAL ALL BUDGET FUND GROUPS			$	135,000	$	140,000	134021

Section 340.10. RSC REHABILITATION SERVICES COMMISSION

134023

General Revenue Fund	134024

GRF	415402	Independent Living Council	$	252,000	$	252,000	134025
GRF	415406	Assistive Technology	$	26,618	$	26,618	134026
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	134027
GRF	415506	Services for People with Disabilities	$	15,277,885	$	15,277,885	134028
GRF	415508	Services for the Deaf	$	28,000	$	28,000	134029
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	134030

General Services Fund Group	134031

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	134032
TOTAL GSF General Services							134033
Fund Group			$	962,538	$	965,481	134034

Federal Special Revenue Fund Group	134035

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	134036
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	134037
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	134038
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	134039
3L10	415608	Social Security Special Programs/Assistance	$	445,258	$	498,269	134040
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	134041
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	134042
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	134043
TOTAL FED Federal Special							134044
Revenue Fund Group			$	207,833,606	$	205,179,120	134045

State Special Revenue Fund Group	134046

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	134047
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	134048
4W50	415606	Program Management Expenses	$	12,369,751	$	12,594,758	134049
TOTAL SSR State Special							134050
Revenue Fund Group			$	26,871,919	$	27,096,926	134051
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	134052

INDEPENDENT LIVING COUNCIL

134053

The foregoing appropriation item 415402, Independent Living	134054
Council, shall be used to fund the operations of the State	134055
Independent Living Council and to support state independent living	134056
centers and independent living services under Title VII of the	134057
Independent Living Services and Centers for Independent Living of	134058
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	134059
U.S.C. 796d.	134060

Of the foregoing appropriation item 415402, Independent	134061
Living Council, $67,662 in each fiscal year shall be used as state	134062
matching funds for vocational rehabilitation innovation and	134063
expansion activities.	134064

ASSISTIVE TECHNOLOGY

134065

The total amount of the foregoing appropriation item 415406,	134066
Assistive Technology, shall be provided to Assistive Technology of	134067
Ohio to provide grants and assistive technology services for	134068
people with disabilities in the State of Ohio.	134069

OFFICE FOR PEOPLE WITH BRAIN INJURY

134070

The foregoing appropriation item 415431, Office for People	134071
with Brain Injury, shall be used to plan and coordinate	134072
head-injury-related services provided by state agencies and other	134073
government or private entities, to assess the needs for such	134074
services, and to set priorities in this area.	134075

Of the foregoing appropriation item 415431, Office for People	134076
with Brain Injury, $44,067 in each fiscal year shall be used as	134077
state matching funds to provide vocational rehabilitation services	134078
to eligible consumers.	134079

VOCATIONAL REHABILITATION SERVICES

134080

The foregoing appropriation item 415506, Services for People	134081
with Disabilities, shall be used as state matching funds to	134082
provide vocational rehabilitation services to eligible consumers.	134083

SERVICES FOR THE DEAF

134084

The foregoing appropriation item 415508, Services for the	134085
Deaf, shall be used to provide grants to community centers for the	134086
deaf.	134087

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

134088

The foregoing appropriation item 415617, Independent	134089
Living/Vocational Rehabilitation Programs, shall be used to	134090
support vocational rehabilitation programs.	134091

SOCIAL SECURITY REIMBURSEMENT FUNDS

134092

Reimbursement funds received from the Social Security	134093
Administration, United States Department of Health and Human	134094
Services, for the costs of providing services and training to	134095
return disability recipients to gainful employment shall be	134096
expended from the Social Security Reimbursement Fund (Fund 3L10),	134097
to the extent funds are available, as follows:	134098

(A) Appropriation item 415601, Social Security Personal Care	134099
Assistance, to provide personal care services in accordance with	134100
section 3304.41 of the Revised Code;	134101

(B) Appropriation item 415605, Social Security Community	134102
Centers for the Deaf, to provide grants to community centers for	134103
the deaf in Ohio for services to individuals with hearing	134104
impairments; and	134105

(C) Appropriation item 415608, Social Security Special	134106
Programs/Assistance, to provide vocational rehabilitation services	134107
to individuals with severe disabilities who are Social Security	134108
beneficiaries, to enable them to achieve competitive employment.	134109
This appropriation item shall also be used to pay a portion of	134110
indirect costs of the Personal Care Assistance Program and the	134111
Independent Living Programs as mandated by federal OMB Circular	134112
A-87.	134113

PROGRAM MANAGEMENT EXPENSES

134114

The foregoing appropriation item 415606, Program Management	134115
Expenses, shall be used to support the administrative functions of	134116
the commission related to the provision of vocational	134117
rehabilitation, disability determination services, and ancillary	134118
programs.	134119

Section 341.10. ODB OHIO OPTICAL DISPENSERS BOARD

134120

General Services Fund Group	134121

4K90	894609	Operating Expenses	$	366,000	$	365,000	134122
TOTAL GSF General Services							134123
Fund Group			$	366,000	$	365,000	134124
TOTAL ALL BUDGET FUND GROUPS			$	366,000	$	365,000	134125

Section 343.10. OPT STATE BOARD OF OPTOMETRY

134127

General Services Fund Group	134128

4K90	885609	Operating Expenses	$	347,278	$	347,278	134129
TOTAL GSF General Services							134130
Fund Group			$	347,278	$	347,278	134131
TOTAL ALL BUDGET FUND GROUPS			$	347,278	$	347,278	134132

Section 345.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	134134
AND PEDORTHICS	134135

General Services Fund Group	134136

4K90	973609	Operating Expenses	$	135,677	$	140,846	134137
TOTAL GSF General Services							134138
Fund Group			$	135,677	$	140,846	134139
TOTAL ALL BUDGET FUND GROUPS			$	135,677	$	140,846	134140

Section 347.10. UST PETROLEUM UNDERGROUND STORAGE TANK	134141
RELEASE COMPENSATION BOARD	134142

State Special Revenue Fund Group	134143

6910	810632	PUSTRCB Staff	$	1,233,249	$	1,252,202	134144
TOTAL SSR State Special Revenue							134145
Fund Group			$	1,233,249	$	1,252,202	134146
TOTAL ALL BUDGET FUND GROUPS			$	1,233,249	$	1,252,202	134147

Section 349.10. PRX STATE BOARD OF PHARMACY

134149

General Services Fund Group	134150

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	134151
4K90	887609	Operating Expenses	$	6,701,285	$	6,701,285	134152
TOTAL GSF General Services Fund Group			$	6,851,285	$	6,851,285	134153

Federal Special Revenue Fund Group	134154

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	134155
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	134156
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	134157
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	134158
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	134159
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	6,965,631	134160

Section 351.10. PSY STATE BOARD OF PSYCHOLOGY

134162

General Services Fund Group	134163

4K90	882609	Operating Expenses	$	548,000	$	571,000	134164
TOTAL GSF General Services							134165
Fund Group			$	548,000	$	571,000	134166
TOTAL ALL BUDGET FUND GROUPS			$	548,000	$	571,000	134167

Section 353.10. PUB OHIO PUBLIC DEFENDER COMMISSION

134169

General Revenue Fund	134170

GRF	019401	State Legal Defense Services	$	3,020,855	$	3,020,855	134171
GRF	019403	Multi-County: State Share	$	1,237,318	$	1,250,824	134172
GRF	019404	Trumbull County - State Share	$	354,743	$	359,631	134173
GRF	019405	Training Account	$	50,000	$	50,000	134174
GRF	019501	County Reimbursement	$	9,768,050	$	9,885,175	134175
TOTAL GRF General Revenue Fund			$	14,430,966	$	14,566,485	134176

General Services Fund Group	134177

4070	019604	County Representation	$	351,149	$	354,248	134178
4080	019605	Client Payments	$	725,144	$	722,931	134179
5CX0	019617	Civil Case Filing Fee	$	532,136	$	528,476	134180
TOTAL GSF General Services							134181
Fund Group			$	1,608,429	$	1,605,655	134182

Federal Special Revenue Fund Group	134183

3FX0	019621	Wrongful Conviction Program	$	103,950	$	103,950	134184
3S80	019608	Federal Representation	$	204,706	$	202,942	134185
TOTAL FED Federal Special Revenue							134186
Fund Group			$	308,656	$	306,892	134187

State Special Revenue Fund Group	134188

4C70	019601	Multi-County: County Share	$	2,297,876	$	2,322,959	134189
4X70	019610	Trumbull County - County Share	$	658,809	$	667,887	134190
5740	019606	Civil Legal Aid	$	20,000,000	$	20,000,000	134191
5DY0	019618	Indigent Defense Support - County Share	$	40,320,991	$	41,191,285	134192
5DY0	019619	Indigent Defense Support Fund - State Office	$	5,186,329	$	5,612,719	134193
TOTAL SSR State Special Revenue							134194
Fund Group			$	68,464,005	$	69,794,850	134195
TOTAL ALL BUDGET FUND GROUPS			$	84,812,056	$	86,273,882	134196

INDIGENT DEFENSE OFFICE

134197

The foregoing appropriation items 019404, Trumbull County -	134198
State Share, and 019610, Trumbull County - County Share, shall be	134199
used to support an indigent defense office for Trumbull County.	134200

MULTI-COUNTY OFFICE

134201

The foregoing appropriation items 019403, Multi-County: State	134202
Share, and 019601, Multi-County: County Share, shall be used to	134203
support the Office of the Ohio Public Defender's Multi-County	134204
Branch Office Program.	134205

TRAINING ACCOUNT

134206

The foregoing appropriation item 019405, Training Account,	134207
shall be used by the Ohio Public Defender to provide legal	134208
training programs at no cost for private appointed counsel who	134209
represent at least one indigent defendant at no cost and for state	134210
and county public defenders and attorneys who contract with the	134211
Ohio Public Defender to provide indigent defense services.	134212

FEDERAL REPRESENTATION

134213

The foregoing appropriation item 019608, Federal	134214
Representation, shall be used to receive reimbursements from the	134215
federal courts when the Ohio Public Defender provides	134216
representation in federal court cases and to support	134217
representation in such cases.	134218

Section 355.10. DPS DEPARTMENT OF PUBLIC SAFETY

134219

General Revenue Fund	134220

GRF	767420	Investigative Unit - Operating	$	10,500,000	$	10,500,000	134221
TOTAL GRF General Revenue Fund			$	10,500,000	$	10,500,000	134222
TOTAL ALL BUDGET FUND GROUPS			$	10,500,000	$	10,500,000	134223

Section 357.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

134225

General Services Fund Group	134226

5BP0	870623	Wireless 9-1-1 Administration	$	18,035,000	$	0	134227
5F60	870622	Utility and Railroad Regulation	$	30,619,708	$	30,619,708	134228
5F60	870624	NARUC/NRRI Subsidy	$	85,000	$	85,000	134229
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	134230
TOTAL GSF General Services							134231
Fund Group			$	53,739,708	$	35,704,708	134232

Federal Special Revenue Fund Group	134233

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	134234
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	134235
3EA0	870630	Energy Assurance Planning	$	192,001	$	0	134236
3ED0	870631	State Regulators Assistance	$	115,912	$	0	134237
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	134238
TOTAL FED Federal Special Revenue							134239
Fund Group			$	8,357,532	$	8,049,619	134240

State Special Revenue Fund Group	134241

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	134242
4L80	870617	Pipeline Safety-State	$	331,992	$	331,992	134243
5610	870606	Power Siting Board	$	581,618	$	581,618	134244
5LT0	870640	Intrastate Registration	$	180,000	$	180,000	134245
5LT0	870641	Unified Carrier Registration	$	420,000	$	420,000	134246
5LT0	870642	Hazardous Materials Registration	$	743,346	$	753,346	134247
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	277,496	$	277,496	134248
5LT0	870644	Hazardous Materials Civil Forfeiture	$	898,800	$	898,800	134249
5LT0	870645	Motor Carrier Enforcement	$	4,768,453	$	4,709,592	134250
TOTAL SSR State Special Revenue							134251
Fund Group			$	9,549,062	$	9,500,201	134252
TOTAL ALL BUDGET FUND GROUPS			$	71,646,302	$	53,254,528	134253

Section 359.10. PWC PUBLIC WORKS COMMISSION

134255

General Revenue Fund	134256

GRF	150904	Conservation General Obligation Debt Service	$	33,376,600	$	34,447,700	134257
GRF	150907	State Capital Improvements General Obligation Debt Service	$	227,810,300	$	228,948,900	134258
TOTAL GRF General Revenue Fund			$	261,186,900	$	263,396,600	134259

Clean Ohio Conservation Fund Group	134260

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		134261
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		134262

TOTAL ALL BUDGET FUND GROUPS

261,475,880

263,685,580

134263

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

134264

The foregoing appropriation item 150904, Conservation General	134265
Obligation Debt Service, shall be used to pay all debt service and	134266
related financing costs during the period from July 1, 2013,	134267
through June 30, 2015, at the times they are required to be made	134268
for obligations issued under sections 151.01 and 151.09 of the	134269
Revised Code.	134270

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

134271

The foregoing appropriation item 150907, State Capital	134272
Improvements General Obligation Debt Service, shall be used to pay	134273
all debt service and related financing costs during the period	134274
from July 1, 2013, through June 30, 2015, at the times they are	134275
required to be made for obligations issued under sections 151.01	134276
and 151.08 of the Revised Code.	134277

CLEAN OHIO OPERATING EXPENSES

134278

The foregoing appropriation item 150403, Clean Ohio Operating	134279
Expenses, shall be used by the Ohio Public Works Commission in	134280
administering Clean Ohio Conservation Fund (Fund 7056) projects	134281
pursuant to sections 164.20 to 164.27 of the Revised Code.	134282

Section 361.10. RAC STATE RACING COMMISSION

134283

State Special Revenue Fund Group	134284

5620	875601	Thoroughbred Race Fund	$	1,696,456	$	1,696,456	134285
5630	875602	Standardbred Development Fund	$	1,697,452	$	1,697,452	134286
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	134287
5650	875604	Racing Commission Operating	$	2,934,178	$	2,934,178	134288
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	134289
5JK0	875610	Racing Commission Fund	$	10,000,000	$	10,000,000	134290
TOTAL SSR State Special Revenue							134291
Fund Group			$	28,329,086	$	28,329,086	134292

Holding Account Redistribution Fund Group	134293

R021	875605	Bond Reimbursements	$	100,000	$	100,000	134294
TOTAL 090 Holding Account Redistribution							134295
Fund Group			$	100,000	$	100,000	134296
TOTAL ALL BUDGET FUND GROUPS			$	28,429,086	$	28,429,086	134297

Section 363.10. BOR BOARD OF REGENTS

134299

General Revenue Fund	134300

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	134301
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	134302
GRF	235402	Sea Grants	$	285,000	$	285,000	134303
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	134304
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	134305
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	134306
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	134307
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	134308
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	134309
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	134310
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	134311
GRF	235443	Adult Basic and Literacy Education - State	$	7,552,416	$	7,552,416	134312
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	134313
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	134314
GRF	235483	Technology Integration and Professional Development	$	2,378,598	$	2,378,598	134315
GRF	235501	State Share of Instruction	$	1,784,225,497	$	1,818,225,497	134316
GRF	235502	Student Support Services	$	632,974	$	632,974	134317
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	134318
GRF	235505	State Share of Instruction Bridge Funding	$	8,095,005	$	0	134319
GRF	235506	Ohio Strategic Training Center	$	950,000	$	0	134320
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	134321
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	134322
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	134323
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	134324
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	134325
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	134326
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	134327
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	134328
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	134329
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	134330
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	134331
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	134332
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,126,100	134333
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	134334
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	134335
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	134336
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	134337
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	134338
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	134339
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	134340
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	134341
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	134342
GRF	235558	Long-term Care Research	$	195,300	$	195,300	134343
GRF	235563	Ohio College Opportunity Grant	$	89,126,474	$	89,126,474	134344
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	134345
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	134346
GRF	235909	Higher Education General Obligation Debt Service	$	221,168,700	$	248,822,000	134347
TOTAL GRF General Revenue Fund			$	2,330,070,762	$	2,375,168,502	134348

General Services Fund Group	134349

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	134350
4560	235603	Sales and Services	$	199,250	$	199,250	134351
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	134352
TOTAL GSF General Services							134353
Fund Group			$	9,102,845	$	9,102,845	134354

Federal Special Revenue Fund Group	134355

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	134356
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	134357
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	134358
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	134359
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	134360
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	134361
TOTAL FED Federal Special Revenue							134362
Fund Group			$	21,535,671	$	21,535,671	134363

State Special Revenue Fund Group	134364

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	134365
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	134366
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	134367
5FK0	235676	Media Services	$	491,373	$	491,373	134368
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	134369
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	134370
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	134371
6820	235606	Nursing Loan Program	$	891,320	$	891,320	134372
TOTAL SSR State Special Revenue							134373
Fund Group			$	12,932,676	$	12,982,537	134374

Third Frontier Research & Development Fund Group	134375

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	134376
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	134377
TOTAL ALL BUDGET FUND GROUPS			$	2,381,641,954	$	2,426,789,555	134378

Section 363.20. LEASE RENTAL PAYMENTS

134380

The foregoing appropriation item 235401, Lease Rental	134381
Payments, shall be used to meet all payments at the times they are	134382
required to be made during the period from July 1, 2013, through	134383
June 30, 2015, by the Chancellor of the Board of Regents under	134384
leases and agreements made under section 154.21 of the Revised	134385
Code. These appropriations are the source of funds pledged for	134386
bond service charges on related obligations issued under Chapter	134387
154. of the Revised Code.	134388

Section 363.23. SEA GRANTS

134389

The foregoing appropriation item 235402, Sea Grants, shall be	134390
used to match federal dollars and leverage additional support by	134391
The Ohio State University's Sea Grant program, including Stone	134392
Laboratory, for research, education, and outreach to enhance the	134393
economic value, public utilization, and responsible management of	134394
Lake Erie and Ohio's coastal resources.	134395

Section 363.30. ARTICULATION AND TRANSFER

134396

The foregoing appropriation item 235406, Articulation and	134397
Transfer, shall be used by the Chancellor of the Board of Regents	134398
to maintain and expand the work of the Articulation and Transfer	134399
Council to develop a system of transfer policies to ensure that	134400
students at state institutions of higher education can transfer	134401
and have coursework apply to their majors and degrees at any other	134402
state institution of higher education without unnecessary	134403
duplication or institutional barriers under sections 3333.16,	134404
3333.161, and 3333.162 of the Revised Code.	134405

Section 363.40. MIDWEST HIGHER EDUCATION COMPACT

134406

The foregoing appropriation item 235408, Midwest Higher	134407
Education Compact, shall be distributed by the Chancellor of the	134408
Board of Regents under section 3333.40 of the Revised Code.	134409

Section 363.50. HEI INFORMATION SYSTEM

134410

The foregoing appropriation item 235409, HEI Information	134411
System, shall be used by the Chancellor of the Board of Regents to	134412
support the development and implementation of information	134413
technology solutions designed to improve the performance and	134414
services of the Chancellor of the Board of Regents and the	134415
University System of Ohio. Information technology solutions may be	134416
provided by the Ohio Academic Research Network (OARnet).	134417

Section 363.60. STATE GRANTS AND SCHOLARSHIP ADMINISTRATION

134418

The foregoing appropriation item 235414, State Grants and	134419
Scholarship Administration, shall be used by the Chancellor of the	134420
Board of Regents to administer the following student financial aid	134421
programs: Ohio College Opportunity Grant, Ohio War Orphans'	134422
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	134423
Officers College Memorial Fund, and any other student financial	134424
aid programs created by the General Assembly. The appropriation	134425
item also shall be used to support all state financial aid audits	134426
and student financial aid programs created by Congress, and to	134427
provide fiscal services for the Ohio National Guard Scholarship	134428
Program.	134429

Section 363.70. ESTUDENT SERVICES

134430

The foregoing appropriation item 235417, eStudent Services,	134431
shall be used by the Chancellor of the Board of Regents to support	134432
the continued implementation of eStudent Services, a consortium	134433
organized under division (T) of section 3333.04 of the Revised	134434
Code to expand access to dual enrollment opportunities for high	134435
school students, as well as adult and higher education	134436
opportunities through technology. The funds shall be used by	134437
eStudent Services to develop and promote learning and assessment	134438
through the use of technology, to test and provide advice on	134439
emerging learning-directed technologies, to support the distance	134440
learning clearinghouse and platform created under section 3333.82	134441
of the Revised Code, and to facilitate cost-effectiveness through	134442
shared educational technology investments.	134443

Section 363.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

134444

The foregoing appropriation item 235428, Appalachian New	134445
Economy Partnership, shall be distributed to Ohio University to	134446
continue a multi-campus and multi-agency coordinated effort to	134447
link Appalachia to the new economy. Ohio University shall use	134448
these funds to provide leadership in the development and	134449
implementation of initiatives in the areas of entrepreneurship,	134450
management, education, and technology.	134451

Section 363.90. ECONOMIC GROWTH CHALLENGE

134452

The foregoing appropriation item 235433, Economic Growth	134453
Challenge, shall be used for administrative expenses of the	134454
Research Incentive Program and other economic advancement	134455
initiatives undertaken by the Chancellor of the Board of Regents.	134456

The Chancellor of the Board of Regents shall use any	134457
appropriation transfer to the foregoing appropriation item 235433,	134458
Economic Growth Challenge, to enhance the basic research and	134459
commercialization capabilities of public colleges and universities	134460
and accredited Ohio institutions of higher education holding	134461
certificates of authorization issued under section 1713.02 of the	134462
Revised Code, in order to strengthen academic research and	134463
commercialization for pursuing Ohio's economic development goals.	134464

Section 363.100. CHOOSE OHIO FIRST SCHOLARSHIP

134465

The foregoing appropriation item 235438, Choose Ohio First	134466
Scholarship, shall be used to operate the program prescribed in	134467
sections 3333.60 to 3333.70 of the Revised Code.	134468

Section 363.110. ADULT BASIC AND LITERACY EDUCATION

134469

Of the foregoing appropriation item 235443, Adult Basic and	134470
Literacy Education – State, $125,000 in each fiscal year shall be	134471
used to provide a grant for an Ohio public library that provides	134472
remedial coursework instruction for postsecondary students.	134473

The remainder of foregoing appropriation item 235443, Adult	134474
Basic and Literacy Education - State, shall be used to support the	134475
adult basic and literacy education instructional grant program and	134476
state leadership program. The supported programs shall satisfy the	134477
state match and maintenance of effort requirements for the	134478
state-administered grant program.	134479

Section 363.120. POST-SECONDARY ADULT CAREER-TECHNICAL	134480
EDUCATION	134481

The foregoing appropriation item 235444, Post-Secondary Adult	134482
Career-Technical Education, shall be used by the Chancellor of the	134483
Board of Regents, in consultation with the Superintendent of	134484
Public Instruction and the Governor's Office of Workforce	134485
Transformation, to support post-secondary adult career-technical	134486
education. The Chancellor of the Board of Regents, the	134487
Superintendent of Public Instruction, and the Governor's Office of	134488
Workforce Transformation, or their designees, shall hold a series	134489
of consultations with the Ohio Technical Centers during fiscal	134490
year 2014 to develop an appropriate funding formula to distribute	134491
these funds based on student outcomes, beginning in fiscal year	134492
2015.	134493

The Chancellor of the Board of Regents shall establish a	134494
One-Year Option credit articulation system in which graduates of	134495
Ohio Technical Centers receive college technical credit. The	134496
system shall ensure that Ohio Technical Center students that	134497
complete a 900-hour program of study and obtain an	134498
industry-recognized credential shall receive 30 college technical	134499
credit hours, and students that complete a program of study	134500
between 600 and 899 hours and obtain an industry-recognized	134501
credential shall receive a proportional number of college	134502
technical credit hours.	134503

Section 363.130. AREA HEALTH EDUCATION CENTERS

134504

The foregoing appropriation item 235474, Area Health	134505
Education Centers Program Support, shall be used by the Chancellor	134506
of the Board of Regents to support the medical school regional	134507
area health education centers' educational programs for the	134508
continued support of medical and other health professions	134509
education and for support of the Area Health Education Center	134510
Program.	134511

Section 363.180. TECHNOLOGY INTEGRATION AND PROFESSIONAL	134512
DEVELOPMENT	134513

Of the foregoing appropriation item 235483, Technology	134514
Integration and Professional Development, up to $2,000,000 in each	134515
fiscal year shall be used to provide grants on a competitive basis	134516
to public and chartered nonpublic schools for their participation	134517
in the electronic textbook pilot project. These grants shall be	134518
administered as provided under the section of this act entitled	134519
ELECTRONIC TEXTBOOK PILOT PROJECT. On July 1, 2014, or as soon as	134520
possible thereafter, the Chancellor of the Board of Regents may	134521
certify to the Director of Budget and Management the amount of the	134522
unexpended, unencumbered balance of this set aside at the end of	134523
fiscal year 2014 to be appropriated to fiscal year 2015. The	134524
amount certified is hereby reappropriated for the same purpose for	134525
fiscal year 2015.	134526

The remainder of the foregoing appropriation item 235483,	134527
Technology Integration and Professional Development, shall be used	134528
by the Ohio Department of Education and the Chancellor of the	134529
Board of Regents for the provision of staff development, hardware,	134530
software, telecommunications services, and information resources	134531
to support educational uses of technology in the classroom and at	134532
a distance and for professional development for teachers,	134533
administrators, and technology staff on the use of educational	134534
technology in qualifying public schools, including the State	134535
School for the Blind, the School for the Deaf, and the Department	134536
of Youth Services.	134537

Section 363.190. STATE SHARE OF INSTRUCTION FORMULAS

134538

The Chancellor of the Board of Regents shall establish	134539
procedures to allocate the foregoing appropriation item 235501,	134540
State Share of Instruction, based on the formulas detailed in this	134541
section that utilize the enrollment, course completion, degree	134542
attainment, and student achievement factors reported annually by	134543
each state institution of higher education participating in the	134544
Higher Education Information (HEI) system.	134545

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS

134546

(1) As soon as possible during each fiscal year of the	134547
biennium ending June 30, 2015, in accordance with instructions of	134548
the Board of Regents, each state institution of higher education	134549
shall report its actual data, consistent with the definitions in	134550
the Higher Education Information (HEI) system's enrollment files,	134551
to the Chancellor of the Board of Regents.	134552

(2) In defining the number of full-time equivalent students	134553
for state subsidy instructional cost purposes, the Chancellor of	134554
the Board of Regents shall exclude all undergraduate students who	134555
are not residents of Ohio, except those charged in-state fees in	134556
accordance with reciprocity agreements made under section 3333.17	134557
of the Revised Code or employer contracts entered into under	134558
section 3333.32 of the Revised Code.	134559

(3) In calculating the core subsidy entitlements for	134560
university branch and main campuses, the Chancellor of the Board	134561
of Regents shall use the following count of FTE students:	134562

(a) The subsidy eligible enrollments by model shall equal	134563
only those FTE students who successfully complete the course as	134564
defined and reported through the Higher Education Information	134565
(HEI) system course enrollment file;	134566

(b) For those undergraduate FTE students with successful	134567
course completions, identified in division (A)(3)(a) of this	134568
section, that had an expected family contribution less than 2190	134569
or were determined to have been in need of remedial education	134570
shall be defined as at-risk students and shall have their eligible	134571
completions weighted by the following:	134572

(i) Campus-specific course completion indexes, where the	134573
indexes are calculated based upon the number of at-risk students	134574
enrolled during the 2010-2012 academic years; and	134575

(ii) A statewide average at-risk course completion weight	134576
determined for each subsidy model. The statewide average at-risk	134577
course completion weight shall be determined by calculating the	134578
difference between the percentage of traditional students who	134579
complete a course and the percentage of at-risk students who	134580
complete the same course.	134581

(4) In calculating the core subsidy entitlements for Medical	134582
II models only, students repeating terms may be no more than five	134583
per cent of current year enrollment.	134584

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

134585

For purposes of calculating state share of instruction	134586
allocations, the total instructional costs per full-time	134587
equivalent student shall be:	134588

Model	Fiscal Year 2014	Fiscal Year 2015	134589
ARTS AND HUMANITIES 1	$7,803	$7,940	134590
ARTS AND HUMANITIES 2	$10,828	$11,018	134591
ARTS AND HUMANITIES 3	$13,988	$14,234	134592
ARTS AND HUMANITIES 4	$20,242	$20,598	134593
ARTS AND HUMANITIES 5	$33,969	$34,567	134594
ARTS AND HUMANITIES 6	$38,280	$38,954	134595
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,109	$7,235	134596
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,106	$8,249	134597
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,640	$10,827	134598
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,647	$12,869	134599
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,657	$20,003	134600
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,006	$22,393	134601
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$30,558	$31,096	134602
MEDICAL 1	$53,424	$54,365	134603
MEDICAL 2	$45,873	$46,681	134604
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,190	$7,317	134605
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,091	$10,268	134606
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$11,928	$12,138	134607
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,186	$15,454	134608
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,043	$20,396	134609
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$21,633	$22,013	134610
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$26,471	$26,937	134611
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$36,766	$37,413	134612
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,170	$53,088	134613

Doctoral I and Doctoral II models shall be allocated in	134614
accordance with division (D)(3) of this section.	134615

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	134616
AND GRADUATE WEIGHTS	134617

For the purpose of implementing the recommendations of the	134618
2006 State Share of Instruction Consultation and the Higher	134619
Education Funding Study Council that priority be given to	134620
maintaining state support for science, technology, engineering,	134621
mathematics, medicine, and graduate programs, the costs in	134622
division (B) of this section shall be weighted by the amounts	134623
provided below:	134624

Model	Fiscal Year 2014	Fiscal Year 2015	134625
ARTS AND HUMANITIES 1	1.0000	1.0000	134626
ARTS AND HUMANITIES 2	1.0000	1.0000	134627
ARTS AND HUMANITIES 3	1.0000	1.0000	134628
ARTS AND HUMANITIES 4	1.0000	1.0000	134629
ARTS AND HUMANITIES 5	1.0425	1.0425	134630
ARTS AND HUMANITIES 6	1.0425	1.0425	134631
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	134632
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	134633
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	134634
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	134635
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	134636
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	134637
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	134638
MEDICAL 1	1.6456	1.6456	134639
MEDICAL 2	1.7462	1.7462	134640
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	134641
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	134642
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	134643
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	134644
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	134645
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	134646
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	134647
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	134648
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	134649

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	134650
ENTITLEMENTS AND ADJUSTMENTS	134651

(1) Of the foregoing appropriation item 235501, State Share	134652
of Instruction, 25 per cent of the fiscal year 2014 appropriation	134653
for state-supported community colleges, state community colleges,	134654
and technical colleges shall be allocated to colleges in	134655
proportion to their share of college student success factors as	134656
adopted by the Chancellor of the Board of Regents in formal	134657
communication to the Controlling Board on August 30, 2010.	134658

(2) Of the foregoing appropriation item 235501, State Share	134659
of Instruction, 25 per cent of the fiscal year 2014 appropriation	134660
for state-supported community colleges, state community colleges,	134661
and technical colleges shall be reserved for course completion	134662
FTEs as aggregated by the subsidy models defined in division (B)	134663
of this section.	134664

The course completion funding shall be allocated to colleges	134665
in proportion to each campuses' share of the total sector's course	134666
completions, weighted by the instructional cost of the subsidy	134667
models.	134668

To calculate the subsidy entitlements for course completions	134669
at community colleges, state community colleges, and technical	134670
colleges, the Chancellor of the Board of Regents shall use the	134671
following calculations:	134672

(a) In calculating each campus's count of FTE course	134673
completions, the Chancellor of the Board of Regents shall use the	134674
three-year average course completions for the three-year period	134675
ending in the prior year.	134676

(b) The model costs as used in the calculation shall be	134677
augmented by the model weights for science, technology,	134678
engineering, mathematics, and medicine models as established in	134679
division (C) of this section.	134680

(3) Of the foregoing appropriation item 235501, State Share	134681
of Instruction, up to 11.78 per cent of the appropriation for	134682
universities, as established in division (A)(2) of the section of	134683
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	134684
2014 and 2015," in each fiscal year shall be reserved for support	134685
of doctoral programs to implement the funding recommendations made	134686
by representatives of the universities. The amount so reserved	134687
shall be referred to as the doctoral set-aside.	134688

The doctoral set-aside shall be allocated to universities as	134689
follows:	134690

(a) 50 per cent of the doctoral set-aside in fiscal year 2014	134691
and 40 per cent of the doctoral set-aside in fiscal year 2015	134692
shall be allocated to universities in proportion to their share of	134693
the statewide total of each state institution's three-year average	134694
Doctoral I equivalent FTEs as calculated on an institutional basis	134695
using historical FTEs for the period fiscal year 1994 through	134696
fiscal year 1998 with annualized FTEs for fiscal years 1994	134697
through 1997 and all-term FTEs for fiscal year 1998 as adjusted to	134698
reflect the effects of doctoral review and subsequent changes in	134699
Doctoral I equivalent enrollments. For the purposes of this	134700
calculation, Doctoral I equivalent FTEs shall equal the sum of	134701
Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	134702

(b) 25 per cent of the doctoral set-aside in fiscal year 2014	134703
and 30 per cent of the doctoral set-aside in fiscal year 2015	134704
shall be allocated to universities in proportion to each campus's	134705
share of the total statewide doctoral degrees, weighted by the	134706
cost of the doctoral discipline. In calculating each campus's	134707
doctoral degrees the Chancellor of the Board of Regents shall use	134708
the three-year average doctoral degrees awarded for the three-year	134709
period ending in the prior year.	134710

(c) 12.5 per cent of the doctoral set-aside in fiscal year	134711
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	134712
shall be allocated to universities in proportion to their share of	134713
research grant activity, using a data collection method that is	134714
reviewed and approved by the presidents of Ohio's doctoral degree	134715
granting universities. In the event that the data collection	134716
method is not available, funding for this component shall be	134717
allocated to universities in proportion to their share of research	134718
grant activity published by the National Science Foundation. Grant	134719
awards from the Department of Health and Human Services shall be	134720
weighted at 50 per cent.	134721

(d) 12.5 per cent of the doctoral set-aside in fiscal year	134722
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	134723
shall be allocated to universities based on other quality measures	134724
that contribute to the advancement of quality doctoral programs.	134725
These other quality measures shall be identified by the Chancellor	134726
in consultation with universities. If for any reason metrics for	134727
distributing the quality component of the doctoral set-aside are	134728
not identified prior to the fiscal year allocation process, this	134729
portion of the doctoral set-aside funds shall be allocated to	134730
universities based on division (D)(3)(a) of this section.	134731

(4) Of the foregoing appropriation item 235501, State Share	134732
of Instruction, 6.41 per cent of the appropriation for	134733
universities, as established in division (A)(2) of the section of	134734
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	134735
2014 AND 2015," in each fiscal year shall be reserved for support	134736
of Medical II FTEs. The amount so reserved shall be referred to as	134737
the medical II set-aside.	134738

The medical II set-aside shall be allocated to universities	134739
in proportion to their share of the statewide total of each state	134740
institution's three-year average Medical II FTEs as calculated in	134741
division (A) of this section, weighted by model cost.	134742

(5) Of the foregoing appropriation item 235501, State Share	134743
of Instruction, 1.48 per cent of the appropriation for	134744
universities, as established in division (A)(2) of the section of	134745
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	134746
2014 AND 2015," in each fiscal year shall be reserved for support	134747
of Medical I FTEs. The amount so reserved shall be referred to as	134748
the medical I set-aside.	134749

The medical I set-aside shall be allocated to universities in	134750
proportion to their share of the statewide total of each state	134751
institution's three-year average Medical I FTEs as calculated in	134752
division (A) of this section.	134753

(6) Of the foregoing appropriation item 235501, State Share	134754
of Instruction, 50 per cent of the appropriation in each fiscal	134755
year for universities, net any earmarked funding for university	134756
regional campuses as detailed in division (B)(1) of the section of	134757
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	134758
2014 AND 2015," shall be reserved for support of associate,	134759
baccalaureate, master's, and professional level degree attainment.	134760

The degree attainment funding shall be allocated to	134761
universities in proportion to each campus's share of the total	134762
statewide degrees granted, weighted by the cost of the degree	134763
programs. The degree cost calculations shall include the model	134764
cost weights for the science, technology, engineering,	134765
mathematics, and medicine models as established in division (C) of	134766
this section.	134767

In calculating the subsidy entitlements for degree attainment	134768
at university main and regional campuses, the Chancellor of the	134769
Board of Regents shall use the following count of degrees and	134770
degree costs:	134771

(a) The subsidy eligible undergraduate degrees shall be	134772
defined as follows:	134773

(i) The subsidy eligible degrees conferred to students	134774
identified as residents of the state of Ohio in any term of their	134775
studies, as reported through the Higher Education Information	134776
(HEI) system student enrollment file, shall be weighted by a	134777
factor of 1.	134778

(ii) The subsidy eligible degrees conferred to students	134779
identified as out-of-state residents during all terms of their	134780
studies, as reported through the Higher Education Information	134781
(HEI) system student enrollment file, which remain in the state of	134782
Ohio at least one year after graduation shall be weighted by a	134783
factor of 50 per cent. For fiscal year 2014, subsidy eligible	134784
degrees conferred to all out-of-state students shall be weighted	134785
by a factor of 25 per cent.	134786

(b) In fiscal year 2014, for those associate degrees awarded	134787
by a state-supported university, the subsidy eligible degrees	134788
granted are defined as only those earned by students attending a	134789
university that received funding under GRF appropriation item	134790
235418, Access Challenge, in fiscal year 2009. In fiscal year	134791
2015, subsidy eligible associate degrees are defined as those	134792
earned by students attending any state-supported university main	134793
or regional campus.	134794

(c) In calculating each campus's count of degrees, the	134795
Chancellor of the Board of Regents shall use the three-year	134796
average associate, baccalaureate, master's, and professional	134797
degrees awarded for the three-year period ending in the prior	134798
year. In fiscal year 2014, university regional campuses are not	134799
eligible for degree completion funding. In fiscal year 2015, all	134800
university campuses are eligible for degree completion funding.	134801

(d) Eligible associate degrees defined in division (D)(6)(b)	134802
of this section and all bachelor's degrees earned by a student	134803
that either had an expected family contribution less than 2190,	134804
was determined to have been in need of remedial education, is	134805
Native American, African American, or Hispanic, or is at least age	134806
26 at the time of graduation, shall be defined as degrees earned	134807
by an at-risk student and shall be weighted by the following:	134808

(i) A campus-specific at-risk index, where the index is	134809
calculated based on the proportion of at-risk students enrolled	134810
during a four-year cohort beginning in fiscal year 2001, 2002,	134811
2003, or 2004; and	134812

(ii) A statewide average at-risk degree completion weight	134813
determined by calculating the difference between the percentage of	134814
non-at-risk students who earned a degree and the percentage of	134815
at-risk students who earned a degree in eight years or less.	134816

(7) State share of instruction base formula earnings shall be	134817
determined as follows:	134818

(a) The instructional costs shall be determined by	134819
multiplying the amounts listed above in divisions (B) and (C) of	134820
this section by the average subsidy-eligible FTEs for the	134821
three-year period ending in the prior year for all models except	134822
Doctoral I and Doctoral II.	134823

(b) The Chancellor of the Board of Regents shall compute a	134824
uniform state share of instructional costs for each sector.	134825

(i) For the state-supported community colleges, state	134826
community colleges, and technical colleges, in fiscal year 2014	134827
the Chancellor of the Board of Regents shall compute the uniform	134828
state share of instructional costs for enrollment by dividing the	134829
sector level appropriation total as determined by the Chancellor	134830
in division (A)(1) of the section of this act entitled "STATE	134831
SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	134832
pursuant to divisions (B) and (C) of that section, less the	134833
student college success allocation as described in division (D)(1)	134834
of this section and less the course completion allocation as	134835
detailed in division (D)(2) of this section, by the sum of all	134836
eligible campuses' instructional costs as calculated in division	134837
(D)(7)(b) of this section.	134838

(ii) For the state-supported university regional campuses, in	134839
fiscal year 2014 the Chancellor of the Board of Regents shall	134840
compute the uniform state share of instructional costs by dividing	134841
the sector level appropriation, as determined by the Chancellor in	134842
division (A)(2) of the section of this act entitled "STATE SHARE	134843
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	134844
pursuant to division (B) of that section by the sum of all	134845
campuses' instructional costs as calculated in division (D)(7)(b)	134846
of this section.	134847

(iii) For the state-supported university main campuses, in	134848
fiscal year 2014 the Chancellor of the Board of Regents shall	134849
compute the uniform state share of instructional costs by dividing	134850
the sector level appropriation, as determined by the Chancellor in	134851
division (A)(3) of the section of this act entitled "STATE SHARE	134852
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	134853
pursuant to division (B) of that section, less the degree	134854
attainment funding as calculated in divisions (D)(3) to (6) of	134855
this section, less the doctoral set-aside, less the medical I	134856
set-aside, and less the medical II set-aside, by the sum of all	134857
campuses' instructional costs as calculated in division (D)(7)(b)	134858
of this section.	134859

(iv) For the state university regional and main campuses, in	134860
fiscal year 2015 the Chancellor of the Board of Regents shall	134861
compute the uniform state share of instructional costs by dividing	134862
the university appropriation, as determined by the Chancellor in	134863
division (A)(3) of the section of this act entitled "STATE SHARE	134864
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	134865
pursuant to division (B) of that section, less the degree	134866
attainment funding as calculated in divisions (D)(3) to (6) of	134867
this section, less the doctoral set-aside, less the medical I	134868
set-aside, and less the medical II set-aside, by the sum of all	134869
campuses' instructional costs as calculated in division (D)(7)(b)	134870
of this section.	134871

(c) The formula entitlement shall be determined by	134872
multiplying the uniform state share of instructional costs	134873
calculated in division (D)(7)(c) of this section by the	134874
instructional cost determined in division (D)(7)(b) of this	134875
section.	134876

(8) In addition to the student success allocation, doctoral	134877
set-aside, medical I set-aside, medical II set-aside, and the	134878
degree attainment allocation determined in divisions (D)(1) to (6)	134879
of this section and the formula entitlement determined in division	134880
(D)(7) of this section, an allocation based on facility-based	134881
plant operations and maintenance (POM) subsidy shall be made. For	134882
each eligible university main campus, the amount of the POM	134883
allocation in each fiscal year shall be distributed based on what	134884
each campus received in the fiscal year 2009 POM allocation.	134885

Any POM allocations required by this division shall be funded	134886
by proportionately reducing formula entitlement earnings,	134887
including the POM allocations, for all campuses in that sector.	134888

(9) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING FOR	134889
COMMUNITY, STATE COMMUNITY, AND TECHNICAL COLLEGES	134890

In addition to and after the adjustments noted above, in	134891
fiscal year 2014, no community college, state community college,	134892
or technical college shall receive a state share of instruction	134893
allocation that is less than 97 per cent of the prior year's state	134894
share of instruction earnings. Funds shall be made available to	134895
support this allocation by proportionately reducing formula	134896
entitlement earnings from those campuses, within the community,	134897
state community, and technical college sector, that are not	134898
receiving stability funding.	134899

(10) CAPITAL COMPONENT DEDUCTION

134900

After all other adjustments have been made, state share of	134901
instruction earnings shall be reduced for each campus by the	134902
amount, if any, by which debt service charged in Am. H.B. 748 of	134903
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	134904
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	134905
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	134906
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	134907
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	134908
562 of the 127th General Assembly for that campus exceeds that	134909
campus's capital component earnings. The sum of the amounts	134910
deducted shall be transferred to appropriation item 235552,	134911
Capital Component, in each fiscal year.	134912

(E) EXCEPTIONAL CIRCUMSTANCES

134913

Adjustments may be made to the state share of instruction	134914
payments and other subsidies distributed by the Chancellor of the	134915
Board of Regents to state colleges and universities for	134916
exceptional circumstances. No adjustments for exceptional	134917
circumstances may be made without the recommendation of the	134918
Chancellor and the approval of the Controlling Board.	134919

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	134920
INSTRUCTION	134921

The standard provisions of the state share of instruction	134922
calculation as described in the preceding sections of temporary	134923
law shall apply to any reductions made to appropriation item	134924
235501, State Share of Instruction, before the Chancellor of the	134925
Board of Regents has formally approved the final allocation of the	134926
state share of instruction funds for any fiscal year.	134927

Any reductions made to appropriation item 235501, State Share	134928
of Instruction, after the Chancellor of the Board of Regents has	134929
formally approved the final allocation of the state share of	134930
instruction funds for any fiscal year, shall be uniformly applied	134931
to each campus in proportion to its share of the final allocation.	134932

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

134933

The state share of instruction payments to the institutions	134934
shall be in substantially equal monthly amounts during the fiscal	134935
year, unless otherwise determined by the Director of Budget and	134936
Management pursuant to section 126.09 of the Revised Code.	134937
Payments during the first six months of the fiscal year shall be	134938
based upon the state share of instruction appropriation estimates	134939
made for the various institutions of higher education according to	134940
the Chancellor of the Board of Regents enrollment, completion, and	134941
performance estimates. Payments during the last six months of the	134942
fiscal year shall be distributed after approval of the Controlling	134943
Board upon the request of the Chancellor.	134944

(H) STUDIES TO DETERMINE IMPROVEMENTS TO THE FISCAL YEAR 2015	134945
STATE SHARE OF INSTRUCTION FORMULAS	134946

(1) STUDY ON IDENTIFYING "AT-RISK" STUDENTS FOR COMMUNITY	134947
COLLEGES	134948

Community college presidents, or their designees, in	134949
consultation with the Chancellor of the Board of Regents, shall	134950
study the most appropriate formula weights for students who come	134951
from "at-risk" populations and recommend how they may be used to	134952
determine allocations of appropriations to community colleges from	134953
appropriation item 235501, State Share of Instruction, in fiscal	134954
year 2015. The study shall identify the socio-economic,	134955
demographic, academic, personal, and other factors that identify a	134956
student as being "at-risk" of academic failure, and recommend how	134957
these factors may be used to determine allocations of the State	134958
Share of Instruction for community colleges in fiscal year 2015.	134959
The study shall be completed by December 31, 2013. Notwithstanding	134960
any provision of law to the contrary, community college	134961
presidents, or their designees, in consultation with the	134962
Chancellor of the Board of Regents, shall use the results of the	134963
study to recommend changes in the determination of the	134964
distribution of the community college allocations beginning in	134965
fiscal year 2015 and shall report any such formula change	134966
recommendations to the Governor, the General Assembly, and the	134967
Office of Budget and Management not later than February 15, 2014.	134968

(2) STUDY ON THE USE OF SUCCESS POINTS AND COMPLETION	134969
MEASURES FOR COMMUNITY COLLEGES	134970

Community college presidents, or their designees, in	134971
consultation with the Chancellor of the Board of Regents, shall	134972
study the most appropriate formula weights for the "success	134973
points" and completion performance measures used in the allocation	134974
of appropriations to community colleges from appropriation item	134975
235501, State Share of Instruction, in fiscal year 2015. The study	134976
shall research the most appropriate success points and completion	134977
measures that occur during the academic career of community	134978
college students and recommend revisions to the current State	134979
Share of Instruction model to fund achievement of the success	134980
points beginning in fiscal year 2015. In addition, community	134981
college presidents, or their designees, in consultation with the	134982
Chancellor of the Board of Regents, shall determine how the	134983
community college's fiscal year 2015 share of State Share of	134984
Instruction funding shall be distributed among its success points,	134985
completion measures and course completion funding, or other	134986
performance and access measures. The study shall be completed by	134987
December 31, 2013. Notwithstanding any provision of law to the	134988
contrary, community college presidents, or their designees, in	134989
consultation with the Chancellor of the Board of Regents, shall	134990
use the results of the study to recommend changes in the	134991
determination of the distribution of the community college	134992
allocations beginning in fiscal year 2015 and shall report any	134993
such formula change recommendations to the Governor, the General	134994
Assembly, and the Office of Budget and Management not later than	134995
February 15, 2014.	134996

(3) STUDY ON THE USE OF STUDENT LEVEL "AT-RISK" WEIGHTS AND	134997
PROPORTIONAL DEGREE COUNTS FOR THE UNIVERSITIES DEGREE COMPLETION	134998
COMPONENT	134999

University presidents, or their designees, in consultation	135000
with the Chancellor of the Board of Regents, shall study the most	135001
appropriate formula weights for students who come from "at-risk"	135002
populations and recommend how they may be used to determine	135003
allocations of appropriations to universities from appropriation	135004
item 235501, State Share of Instruction, in fiscal year 2015. In	135005
addition to studying the "at-risk" student weights, university	135006
presidents, or their designees, in consultation with the	135007
Chancellor of the Board of Regents, shall recommend a methodology	135008
for merging the current main campus and regional campus funding	135009
formulas and distributing degree subsidies in cases where a	135010
student attended more than one institution of higher education.	135011
The study shall be completed by December 31, 2013. Notwithstanding	135012
any provision of law to the contrary, university presidents, or	135013
their designees, in consultation with the Chancellor of the Board	135014
of Regents, shall use the results of the study to recommend	135015
changes in the determination of the distribution of the university	135016
allocations beginning in fiscal year 2015 and shall report any	135017
such formula change recommendations to the Governor, the General	135018
Assembly and the Office of Budget and Management not later than	135019
February 15, 2014.	135020

Section 363.200. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	135021
2014 AND 2015	135022

(A) The foregoing appropriation item 235501, State Share of	135023
Instruction, shall be distributed according to the section of this	135024
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	135025

(1) Of the foregoing appropriation item 235501, State Share	135026
of Instruction, $411,257,477 in fiscal year 2014 and $419,101,428	135027
in fiscal year 2015 shall be distributed to state-supported	135028
community colleges, state community colleges, and technical	135029
colleges.	135030

(2) Of the foregoing appropriation item 235501, State Share	135031
of Instruction, $1,372,968,020 in fiscal year 2014 and	135032
$1,399,124,069 in fiscal year 2015 shall be distributed to	135033
state-supported university main and regional campuses.	135034

(B) Of the amounts earmarked in division (A)(2) of this	135035
section:	135036

(1) $116,181,104 in fiscal year 2014 shall be distributed to	135037
state university regional campuses.	135038

(2) $3,923,764 in each fiscal year shall be distributed to	135039
university main campuses based on each campus's share of the	135040
appropriation item 235418, Access Challenge, in fiscal year 2009.	135041

(C) The POM adjustment in division (D)(7) of the section of	135042
this act entitled "STATE SHARE OF INSTRUCTION FORMULAS" and the	135043
Access Challenge earmark in division (B) of this section shall	135044
expire on June 30, 2015.	135045

(D) The state share of instruction payments to the	135046
institutions shall be in substantially equal monthly amounts	135047
during the fiscal year, unless otherwise determined by the	135048
Director of Budget and Management pursuant to section 126.09 of	135049
the Revised Code. Payments during the last six months of the	135050
fiscal year shall be distributed after approval of the Controlling	135051
Board upon the request of the Chancellor of the Board of Regents.	135052

Section 363.210. TRANSFER OF INSTRUCTIONAL SUBSIDIES BETWEEN	135053
UNIVERSITIES	135054

Notwithstanding any provision of law to the contrary, in	135055
consultation with the Chancellor of the Board of Regents, a	135056
state-supported university may request to transfer its fiscal year	135057
2014 state share of instruction subsidy allocations of the	135058
foregoing appropriation item 235501, State Share of Instruction,	135059
between a university main campus and any university branch campus	135060
for which the university main campus is affiliated to best	135061
accomplish institutional goals and objectives. At the request of	135062
the Chancellor of the Board of Regents, the Director of Budget and	135063
Management may transfer the requested amounts of state share of	135064
instruction appropriation allocations between affiliated	135065
university branch campuses and university main campuses.	135066

Section 363.213. STATE SHARE OF INSTRUCTION BRIDGE FUNDING

135067

The foregoing appropriation item 235505, State Share of	135068
Instruction Bridge Funding, shall be used by the Chancellor to	135069
supplement each campus receiving a State Share of Instruction	135070
allocation in fiscal year 2014 that is lower than that campus's	135071
State Share of Instruction allocation in fiscal year 2013.	135072

(A) For fiscal year 2014, the Chancellor shall pay temporary	135073
allocations from the foregoing appropriation item 235505, State	135074
Share of Instruction Bridge Funding, to any campus that	135075
experiences any decrease in its State Share of Instruction	135076
funding.	135077

(1) The amount of the temporary allocation payments for all	135078
state institution campuses except Central State University and	135079
Shawnee State University shall be equal to the difference between	135080
the campus's State Share of Instruction funding allocation for	135081
fiscal year 2013, as determined under the formula detailed in	135082
sections 371.20.50 and 371.20.60 of Am. Sub. H.B. 153 of the 129th	135083
General Assembly, and the campus's State Share of Instruction	135084
funding allocation for fiscal year 2014, as determined under the	135085
formula detailed in sections 363.190 and 363.200 of this act. If	135086
the computation made under this division results in a negative	135087
number, the campus's payment under this division shall be zero.	135088

(2) The amount of the temporary allocation payments for	135089
Central State University shall be equal to the difference between	135090
(a) Central State University's State Share of Instruction funding	135091
allocation for fiscal year 2013, as determined under the State	135092
Share of Instruction formula detailed in sections 371.20.50 and	135093
371.20.60 of Am. Sub. H.B. 153 of the 129th General Assembly,	135094
combined with the fiscal year 2013 appropriation for appropriation	135095
item 235514, Central State Supplement, in section 371.10 of Am.	135096
Sub. H.B. 153 of the 129th General Assembly, and (b) Central State	135097
University's State Share of Instruction funding allocation for	135098
fiscal year 2014, as determined under the formula detailed in	135099
sections 363.190 and 363.200 of this act, combined with the fiscal	135100
year 2014 appropriation for the foregoing appropriation item	135101
235514, Central State Supplement. If the computation made under	135102
this division results in a negative number, Central State	135103
University's payment under this division shall be zero.	135104

(3) The amount of the temporary allocation payments for	135105
Shawnee State University shall be equal to the difference between	135106
(a) Shawnee State University's State Share of Instruction funding	135107
allocation for fiscal year 2013, as determined under the State	135108
Share of Instruction formula detailed in sections 371.20.50 and	135109
371.20.60 of Am. Sub. H.B. 153 of the 129th General Assembly,	135110
combined with the fiscal year 2013 appropriation for appropriation	135111
item 235520, Shawnee State Supplement, in section 371.10 of Am.	135112
Sub. H.B. 153 of the 129th General Assembly, and (b) Shawnee State	135113
University's State Share of Instruction funding allocation for	135114
fiscal year 2014, as determined under the formula detailed in	135115
sections 363.190 and 363.200 of this act, combined with the fiscal	135116
year 2014 appropriation for the foregoing appropriation item	135117
235514, Shawnee State Supplement. If the computation made under	135118
this division results in a negative number, Shawnee State	135119
University's payment under this division shall be zero.	135120

(B) In each fiscal year, the Chancellor shall not distribute	135121
an amount greater than what is appropriated under the foregoing	135122
appropriation item 235505, State Share of Instruction Bridge	135123
Funding. If the Chancellor determines that the amounts	135124
appropriated for support of the State Share of Instruction Bridge	135125
Funding program are inadequate to provide full temporary	135126
allocation payments to all eligible campuses, the Chancellor shall	135127
proportionally reduce payment amounts.	135128

Section 363.220. RESTRICTION ON FEE INCREASES

135129

The boards of trustees of state institutions of higher	135130
education shall restrain increases in in-state undergraduate	135131
instructional and general fees. Each state university and the	135132
Northeast Ohio Medical University shall not increase its in-state	135133
undergraduate instructional and general fees by more than 2.0 per	135134
cent or $188, whichever is higher, over what the institution	135135
charged for the preceding academic year.	135136

Each university regional campus shall not increase its	135137
in-state undergraduate instructional and general fees by more than	135138
2.0 per cent or $114, whichever is higher, over what the	135139
institution charged for the preceding academic year.	135140

Each community college, state community college, and	135141
technical college shall not increase its in-state undergraduate	135142
instructional and general fees by more than $100 over what the	135143
institution charged for the preceding academic year.	135144

These limitations shall not apply to increases required to	135145
comply with institutional covenants related to their obligations	135146
or to meet unfunded legal mandates or legally binding obligations	135147
incurred or commitments made prior to the effective date of this	135148
section with respect to which the institution had identified such	135149
fee increases as the source of funds. Any increase required by	135150
such covenants and any such mandates, obligations, or commitments	135151
shall be reported by the Chancellor of the Board of Regents to the	135152
Controlling Board. These limitations may also be modified by the	135153
Chancellor of the Board of Regents, with the approval of the	135154
Controlling Board, to respond to exceptional circumstances as	135155
identified by the Chancellor of the Board of Regents.	135156

These limitations shall not apply to institutions	135157
participating in an undergraduate tuition guarantee program	135158
pursuant to section 3345.48 of the Revised Code.	135159

Section 363.230. HIGHER EDUCATION - BOARD OF TRUSTEES

135160

(A) Funds appropriated for instructional subsidies at	135161
colleges and universities may be used to provide such branch or	135162
other off-campus undergraduate courses of study and such master's	135163
degree courses of study as may be approved by the Chancellor of	135164
the Board of Regents.	135165

(B) In providing instructional and other services to	135166
students, boards of trustees of state institutions of higher	135167
education shall supplement state subsidies with income from	135168
charges to students. Except as otherwise provided in this act,	135169
each board shall establish the fees to be charged to all students,	135170
including an instructional fee for educational and associated	135171
operational support of the institution and a general fee for	135172
noninstructional services, including locally financed student	135173
services facilities used for the benefit of enrolled students. The	135174
instructional fee and the general fee shall encompass all charges	135175
for services assessed uniformly to all enrolled students. Each	135176
board may also establish special purpose fees, service charges,	135177
and fines as required; such special purpose fees and service	135178
charges shall be for services or benefits furnished individual	135179
students or specific categories of students and shall not be	135180
applied uniformly to all enrolled students. A tuition surcharge	135181
shall be paid by all students who are not residents of Ohio.	135182

The board of trustees of a state institution of higher	135183
education shall not authorize a waiver or nonpayment of	135184
instructional fees or general fees for any particular student or	135185
any class of students other than waivers specifically authorized	135186
by law or approved by the Chancellor. This prohibition is not	135187
intended to limit the authority of boards of trustees to provide	135188
for payments to students for services rendered the institution,	135189
nor to prohibit the budgeting of income for staff benefits or for	135190
student assistance in the form of payment of such instructional	135191
and general fees.	135192

Each state institution of higher education in its statement	135193
of charges to students shall separately identify the instructional	135194
fee, the general fee, the tuition charge, and the tuition	135195
surcharge. Fee charges to students for instruction shall not be	135196
considered to be a price of service but shall be considered to be	135197
an integral part of the state government financing program in	135198
support of higher educational opportunity for students.	135199

(C) The boards of trustees of state institutions of higher	135200
education shall ensure that faculty members devote a proper and	135201
judicious part of their work week to the actual instruction of	135202
students. Total class credit hours of production per academic term	135203
per full-time faculty member is expected to meet the standards set	135204
forth in the budget data submitted by the Chancellor of the Board	135205
of Regents.	135206

(D) The authority of government vested by law in the boards	135207
of trustees of state institutions of higher education shall in	135208
fact be exercised by those boards. Boards of trustees may consult	135209
extensively with appropriate student and faculty groups.	135210
Administrative decisions about the utilization of available	135211
resources, about organizational structure, about disciplinary	135212
procedure, about the operation and staffing of all auxiliary	135213
facilities, and about administrative personnel shall be the	135214
exclusive prerogative of boards of trustees. Any delegation of	135215
authority by a board of trustees in other areas of responsibility	135216
shall be accompanied by appropriate standards of guidance	135217
concerning expected objectives in the exercise of such delegated	135218
authority and shall be accompanied by periodic review of the	135219
exercise of this delegated authority to the end that the public	135220
interest, in contrast to any institutional or special interest,	135221
shall be served.	135222

Section 363.240. STUDENT SUPPORT SERVICES

135223

The foregoing appropriation item 235502, Student Support	135224
Services, shall be distributed by the Chancellor of the Board of	135225
Regents to Ohio's state colleges and universities that incur	135226
disproportionate costs in the provision of support services to	135227
disabled students.	135228

Section 363.250. WAR ORPHANS SCHOLARSHIPS

135229

The foregoing appropriation item 235504, War Orphans	135230
Scholarships, shall be used to reimburse state institutions of	135231
higher education for waivers of instructional fees and general	135232
fees provided by them, to provide grants to institutions that have	135233
received a certificate of authorization from the Chancellor of the	135234
Board of Regents under Chapter 1713. of the Revised Code, in	135235
accordance with the provisions of section 5910.04 of the Revised	135236
Code, and to fund additional scholarship benefits provided by	135237
section 5910.032 of the Revised Code.	135238

Section 363.253. OHIO STRATEGIC TRAINING CENTER

135239

The foregoing appropriation item 235506, Ohio Strategic	135240
Training Center, shall be used for a demonstration project to	135241
purchase portable welding stations made from large shipping	135242
containers and high level advanced training equipment for use at	135243
the Point Industrial Park in South Point.	135244

Section 363.260. OHIOLINK

135245

The foregoing appropriation item 235507, OhioLINK, shall be	135246
used by the Chancellor of the Board of Regents to support	135247
OhioLINK, a consortium organized under division (T) of section	135248
3333.04 of the Revised Code to serve as the state's electronic	135249
library information and retrieval system, which provides access	135250
statewide to an extensive set of electronic databases and	135251
resources, the library holdings of Ohio's public and participating	135252
private nonprofit colleges and universities, and the State Library	135253
of Ohio.	135254

Section 363.270. AIR FORCE INSTITUTE OF TECHNOLOGY

135255

The foregoing appropriation item 235508, Air Force Institute	135256
of Technology, shall be used to: (A) strengthen the research and	135257
educational linkages between the Wright Patterson Air Force Base	135258
and institutions of higher education in Ohio; and (B) support the	135259
Dayton Area Graduate Studies Institute, an engineering graduate	135260
consortium of Wright State University, the University of Dayton,	135261
and the Air Force Institute of Technology, with the participation	135262
of the University of Cincinnati and The Ohio State University.	135263

Section 363.280. OHIO SUPERCOMPUTER CENTER

135264

The foregoing appropriation item 235510, Ohio Supercomputer	135265
Center, shall be used by the Chancellor of the Board of Regents to	135266
support the operation of the Ohio Supercomputer Center, a	135267
consortium organized under division (T) of section 3333.04 of the	135268
Revised Code, located at The Ohio State University. The Ohio	135269
Supercomputer Center is a statewide resource available to Ohio	135270
research universities both public and private. It is also intended	135271
that the center be made accessible to private industry as	135272
appropriate.	135273

Funds shall be used, in part, to support the Ohio	135274
Supercomputer Center's Computational Science Initiative, which	135275
includes its industrial outreach program, Blue Collar Computing,	135276
and its School of Computational Science. These collaborations	135277
between the Ohio Supercomputer Center and Ohio's colleges and	135278
universities shall be aimed at making Ohio a leader in using	135279
computer modeling to promote economic development.	135280

Section 363.290. COOPERATIVE EXTENSION SERVICE

135281

The foregoing appropriation item 235511, Cooperative	135282
Extension Service, shall be disbursed through the Chancellor of	135283
the Board of Regents to The Ohio State University in monthly	135284
payments, unless otherwise determined by the Director of Budget	135285
and Management under section 126.09 of the Revised Code.	135286

Of the foregoing appropriation item 235511, Cooperative	135287
Extension Service, up to $30,000 in fiscal year 2014 shall be used	135288
to develop an in-school agriculturally based curriculum for	135289
inclusion within the regular classroom curriculum of an elementary	135290
school in the Cleveland Municipal School District and the	135291
Cincinnati City School District.	135292

Of the foregoing appropriation item 235511, Cooperative	135293
Extension Service, up to $73,450 in each fiscal year shall be used	135294
to support a City of Cleveland Program Manager tasked with	135295
preparing regular classroom teachers in one elementary school to	135296
recruit and train volunteers for an after-school 4-H Club.	135297

Of the foregoing appropriation item 235511, Cooperative	135298
Extension Service, $73,450 in each fiscal year shall be used to	135299
support a City of Cincinnati Program Manager tasked with preparing	135300
regular classroom teachers in one elementary school to recruit and	135301
train volunteers for an after-school 4-H Club.	135302

Section 363.300. CENTRAL STATE SUPPLEMENT

135303

The foregoing appropriation item 235514, Central State	135304
Supplement, shall be disbursed by the Chancellor of the Board of	135305
Regents to Central State University in accordance with the plan	135306
developed by the Chancellor and submitted to the Governor and the	135307
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	135308
General Assembly. Funds shall be used in a manner consistent with	135309
the goals of increasing enrollment, improving course completion,	135310
and increasing the number of degrees conferred.	135311

The Chancellor shall monitor the implementation of the plan	135312
and the use of funds. Central State University shall provide any	135313
information requested by the Chancellor related to the	135314
implementation of the plan. If the Chancellor determines that	135315
Central State University's use of supplemental funds is not in	135316
accordance with the plan or if the plan is not having the desired	135317
effect, the Chancellor may notify Central State University that	135318
the plan is suspended. Upon receiving such notice, Central State	135319
University shall avoid all unnecessary expenditures under the	135320
plan. The Chancellor shall notify the Controlling Board of the	135321
suspension of the plan and within sixty days prepare a new plan	135322
for the use of any remaining funds.	135323

Section 363.310. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	135324
MEDICINE	135325

The foregoing appropriation item 235515, Case Western Reserve	135326
University School of Medicine, shall be disbursed to Case Western	135327
Reserve University through the Chancellor of the Board of Regents	135328
in accordance with agreements entered into under section 3333.10	135329
of the Revised Code, provided that the state support per full-time	135330
medical student shall not exceed that provided to full-time	135331
medical students at state universities.	135332

Section 363.320. FAMILY PRACTICE

135333

The Chancellor of the Ohio Board of Regents shall develop	135334
plans consistent with existing criteria and guidelines as may be	135335
required for the distribution of appropriation item 235519, Family	135336
Practice.	135337

Section 363.330. SHAWNEE STATE SUPPLEMENT

135338

The foregoing appropriation item 235520, Shawnee State	135339
Supplement, shall be disbursed by the Chancellor of the Board of	135340
Regents to Shawnee State University in accordance with the plan	135341
developed by the Chancellor and submitted to the Governor and the	135342
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	135343
General Assembly. Funds shall be used in a manner consistent with	135344
the goals of improving course completion, increasing the number of	135345
degrees conferred, and furthering the university's mission of	135346
service to the Appalachian region.	135347

The Chancellor shall monitor the implementation of the plan	135348
and the use of funds. Shawnee State University shall provide any	135349
information requested by the Chancellor related to the	135350
implementation of the plan. If the Chancellor determines that	135351
Shawnee State University's use of supplemental funds is not in	135352
accordance with the plan or if the plan is not having the desired	135353
effect, the Chancellor may notify Shawnee State University that	135354
the plan is suspended. Upon receiving such notice, Shawnee State	135355
University shall avoid all unnecessary expenditures under the	135356
plan. The Chancellor shall notify the Controlling Board of the	135357
suspension of the plan and within sixty days prepare a new plan	135358
for the use of any remaining funds.	135359

Section 363.333. YOUTH STEM COMMERCIALIZATION AND	135360
ENTREPRENEURSHIP PROGRAM	135361

The foregoing appropriation item 235523, Youth STEM	135362
Commercialization and Entrepreneurship Program, shall be used by	135363
the Chancellor of the Ohio Board of Regents to support the Youth	135364
STEM Commercialization and Entrepreneurship Program. The purpose	135365
of this program is to grow Ohio's next generation of	135366
entrepreneurs, to create jobs in Ohio by focusing on the practical	135367
application of science, technology, engineering, and mathematics	135368
(STEM), including medicine and health fields, and to innovate new	135369
products and services. The Youth STEM Commercialization and	135370
Entrepreneurship Program shall (1) conduct regional STEM forums	135371
for students and educators; (2) develop regional online high	135372
school and collegiate STEM commercialization and entrepreneurship	135373
content and courses; (3) create a statewide STEM commercialization	135374
and entrepreneurship mentoring network available to high school	135375
students anywhere in Ohio; and (4) conduct a statewide STEM	135376
Commercialization and Entrepreneurship Plan competition that	135377
includes incentive awards and scholarships for students and	135378
professional development and incentives for teacher participation.	135379
The competition and all aspects of the program shall be open to	135380
any Ohio high school student and shall include initiatives to	135381
engage minority, rural, and economically disadvantaged students	135382
anywhere in Ohio. The Youth STEM Commercialization and	135383
Entrepreneurship Program shall collaborate with Ohio's colleges	135384
and universities, existing STEM and entrepreneurship programs, and	135385
Ohio's STEM professional and trade associations to implement these	135386
provisions and to create the new products or services of the	135387
future, advance job creation in Ohio, and encourage enrollment at	135388
Ohio institutions of higher education.	135389

Section 363.340. POLICE AND FIRE PROTECTION

135390

The foregoing appropriation item 235524, Police and Fire	135391
Protection, shall be used for police and fire services in the	135392
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	135393
Portsmouth, Xenia Township (Greene County), Rootstown Township,	135394
and the City of Nelsonville that may be used to assist these local	135395
governments in providing police and fire protection for the	135396
central campus of the state-affiliated university located therein.	135397

Section 363.350. GERIATRIC MEDICINE

135398

The Chancellor of the Board of Regents shall develop plans	135399
consistent with existing criteria and guidelines as may be	135400
required for the distribution of appropriation item 235525,	135401
Geriatric Medicine.	135402

Section 363.360. PRIMARY CARE RESIDENCIES

135403

The Chancellor of the Board of Regents shall develop plans	135404
consistent with existing criteria and guidelines as may be	135405
required for the distribution of appropriation item 235526,	135406
Primary Care Residencies.	135407

The foregoing appropriation item 235526, Primary Care	135408
Residencies, shall be distributed in each fiscal year of the	135409
biennium, based on whether or not the institution has submitted	135410
and gained approval for a plan. If the institution does not have	135411
an approved plan, it shall receive five per cent less funding per	135412
student than it would have received from its annual allocation.	135413
The remaining funding shall be distributed among those	135414
institutions that meet or exceed their targets.	135415

Section 363.370. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	135416
CENTER	135417

The foregoing appropriation item 235535, Ohio Agricultural	135418
Research and Development Center, shall be disbursed through the	135419
Chancellor of the Board of Regents to The Ohio State University in	135420
monthly payments, unless otherwise determined by the Director of	135421
Budget and Management under section 126.09 of the Revised Code.	135422
The Ohio Agricultural Research and Development Center shall not be	135423
required to remit payment to The Ohio State University during the	135424
biennium ending June 30, 2015, for cost reallocation assessments.	135425
The cost reallocation assessments include, but are not limited to,	135426
any assessment on state appropriations to the Center.	135427

The Ohio Agricultural Research and Development Center, an	135428
entity of the College of Food, Agricultural, and Environmental	135429
Sciences of The Ohio State University, shall further its mission	135430
of enhancing Ohio's economic development and job creation by	135431
continuing to internally allocate on a competitive basis	135432
appropriated funding of programs based on demonstrated	135433
performance. Academic units, faculty, and faculty-driven programs	135434
shall be evaluated and rewarded consistent with agreed-upon	135435
performance expectations as called for in the College's	135436
Expectations and Criteria for Performance Assessment.	135437

Section 363.380. STATE UNIVERSITY CLINICAL TEACHING

135438

The foregoing appropriation items 235536, The Ohio State	135439
University Clinical Teaching; 235537, University of Cincinnati	135440
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	135441
235539, Wright State University Clinical Teaching; 235540, Ohio	135442
University Clinical Teaching; and 235541, Northeast Ohio Medical	135443
University Clinical Teaching, shall be distributed through the	135444
Chancellor of the Board of Regents.	135445

Section 363.390. CAPITAL COMPONENT

135446

The foregoing appropriation item 235552, Capital Component,	135447
shall be used by the Chancellor of the Board of Regents to provide	135448
funding for prior commitments made pursuant to the state's former	135449
capital funding policy for state colleges and universities that	135450
was originally established in Am. H.B. 748 of the 121st General	135451
Assembly. Appropriations from this item shall be distributed to	135452
all campuses for which the estimated campus debt service	135453
attributable to qualifying capital projects was less than the	135454
campus's formula-determined capital component allocation. Campus	135455
allocations shall be determined by subtracting the estimated	135456
campus debt service attributable to qualifying capital projects	135457
from the campus's formula-determined capital component allocation.	135458
Moneys distributed from this appropriation item shall be	135459
restricted to capital-related purposes.	135460

Any campus for which the estimated campus debt service	135461
attributable to qualifying capital projects is greater than the	135462
campus's formula-determined capital component allocation shall	135463
have the difference subtracted from its State Share of Instruction	135464
allocation in each fiscal year. Appropriation equal to the sum of	135465
all such amounts except that of the Ohio Agricultural Research and	135466
Development Center shall be transferred from appropriation item	135467
235501, State Share of Instruction, to appropriation item 235552,	135468
Capital Component. Appropriation equal to any estimated Ohio	135469
Agricultural Research and Development Center debt service	135470
attributable to qualifying capital projects that is greater than	135471
the Center's formula-determined capital component allocation shall	135472
be transferred from appropriation item 235535, Ohio Agricultural	135473
Research and Development Center, to appropriation item 235552,	135474
Capital Component.	135475

Section 363.400. LIBRARY DEPOSITORIES

135476

The foregoing appropriation item, 235555, Library	135477
Depositories, shall be distributed to the state's five regional	135478
depository libraries for the cost-effective storage of and access	135479
to lesser-used materials in university library collections. The	135480
depositories shall be administrated by the Chancellor of the Board	135481
of Regents, or by OhioLINK at the discretion of the Chancellor.	135482

Section 363.410. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

135483

The foregoing appropriation item 235556, Ohio Academic	135484
Resources Network, shall be used by the Chancellor of the Board of	135485
Regents to support the operations of the Ohio Academic Resources	135486
Network, a consortium organized under division (T) of section	135487
3333.04 of the Revised Code, which shall include support for	135488
Ohio's colleges and universities in maintaining and enhancing	135489
network connections, using new network technologies to improve	135490
research, education, and economic development programs, and	135491
sharing information technology services. To the extent network	135492
capacity is available, OARnet shall support allocating bandwidth	135493
to eligible programs directly supporting Ohio's economic	135494
development.	135495

Section 363.420. LONG-TERM CARE RESEARCH

135496

The foregoing appropriation item 235558, Long-term Care	135497
Research, shall be disbursed to Miami University for long-term	135498
care research.	135499

Section 363.430. OHIO COLLEGE OPPORTUNITY GRANT

135500

(A) Except as provided in division (C) of this section:

135501

Of the foregoing appropriation item 235563, Ohio College	135502
Opportunity Grant, $41,000,000 in each fiscal year shall be used	135503
by the Chancellor of the Board of Regents to award need-based	135504
financial aid to students enrolled in eligible four-year public	135505
institutions of higher education, excluding early college high	135506
school and post-secondary enrollment option participants.	135507

Of the foregoing appropriation item 235563, Ohio College	135508
Opportunity Grant, $41,000,000 in each fiscal year shall be used	135509
by the Chancellor of the Board of Regents to award need-based	135510
financial aid to students enrolled in eligible private nonprofit	135511
institutions of higher education, excluding early college high	135512
school and post-secondary enrollment option participants.	135513

The remainder of the foregoing appropriation item 235563,	135514
Ohio College Opportunity Grant, shall be used by the Chancellor of	135515
the Board of Regents to award needs-based financial aid to	135516
students enrolled in eligible private for-profit career colleges	135517
and schools.	135518

(B)(1) As used in this section:

135519

(a) "Eligible institution" means any institution described in	135520
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	135521
Code.	135522

(b) The three "sectors" of institutions of higher education	135523
consist of the following:	135524

(i) State colleges and universities, community colleges,	135525
state community colleges, university branches, and technical	135526
colleges;	135527

(ii) Eligible private nonprofit institutions of higher	135528
education;	135529

(iii) Eligible private for-profit career colleges and	135530
schools.	135531

(2) If the Chancellor determines that the amounts	135532
appropriated for support of the Ohio College Opportunity Grant	135533
program are inadequate to provide grants to all eligible students	135534
as calculated under division (D) of section 3333.122 of the	135535
Revised Code, the Chancellor may create a distribution formula for	135536
fiscal year 2014 and fiscal year 2015 based on the formula used in	135537
fiscal year 2013, or may follow methods established in division	135538
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	135539
Chancellor shall notify the Controlling Board of the distribution	135540
method. Any formula calculated under this division shall be	135541
complete and established to coincide with the start of the	135542
2013-2014 academic year.	135543

(C) Prior to determining the amount of funds available to	135544
award under this section and section 3333.122 of the Revised Code,	135545
the Chancellor shall use the foregoing appropriation item 235563,	135546
Ohio College Opportunity Grant, to pay for renewals or partial	135547
renewals of scholarships students receive under the Ohio Academic	135548
Scholarship Program under sections 3333.21 and 3333.22 of the	135549
Revised Code. In paying for scholarships under this division, the	135550
Chancellor shall deduct funds from the allocations made under	135551
division (A) of this section. Deductions shall be proportionate to	135552
the amounts allocated to each sector from the total amounts	135553
appropriated for each sector under the foregoing appropriation	135554
item 235563, Ohio College Opportunity Grant.	135555

In each fiscal year, the Chancellor shall not distribute or	135556
obligate or commit to be distributed an amount greater than what	135557
is appropriated under the foregoing appropriation item 235563,	135558
Ohio College Opportunity Grant.	135559

(D) The Chancellor shall establish, and post on the Ohio	135560
Board of Regents' web site, award tables based on any formulas	135561
created under division (B) of this section. The Chancellor shall	135562
notify students and institutions of any reductions in awards under	135563
this section.	135564

On or before August 31, 2013, the Chancellor of the Board of	135565
Regents shall submit award tables to the Controlling Board for the	135566
2013-2014 academic year and allocations of Ohio College	135567
Opportunity Grant awards not already specified in section 3333.122	135568
of the Revised Code.	135569

(E) Notwithstanding section 3333.122 of the Revised Code, no	135570
student shall be eligible to receive an Ohio College Opportunity	135571
Grant for more than ten semesters, fifteen quarters, or the	135572
equivalent of five academic years, less the number of semesters or	135573
quarters in which the student received an Ohio Instructional	135574
Grant.	135575

Section 363.440. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

135576

The foregoing appropriation item 235572, The Ohio State	135577
University Clinic Support, shall be distributed through the	135578
Chancellor of the Board of Regents to The Ohio State University	135579
for support of dental and veterinary medicine clinics.	135580

Section 363.450. NATIONAL GUARD SCHOLARSHIP PROGRAM

135581

The Chancellor of the Board of Regents shall disburse funds	135582
from appropriation item 235599, National Guard Scholarship	135583
Program. During each fiscal year, the Chancellor of the Board of	135584
Regents, within ten days of cancellation, may certify to the	135585
Director of Budget and Management the amount of canceled	135586
prior-year encumbrances in appropriation item 235599, National	135587
Guard Scholarship Program. Upon receipt of the certification, the	135588
Director of Budget and Management may transfer cash in an amount	135589
up to the amount certified from the General Revenue Fund to the	135590
National Guard Scholarship Reserve Fund (Fund 5BM0). The	135591
Chancellor of the Board of Regents shall seek Controlling Board	135592
approval to authorize additional expenditures for appropriation	135593
item 235623, National Guard Scholarship Reserve Fund. Upon	135594
approval of the Controlling Board, the additional amounts are	135595
hereby appropriated. The Chancellor of the Board of Regents shall	135596
disburse funds from appropriation item 235623, National Guard	135597
Scholarship Reserve Fund.	135598

Section 363.460. PLEDGE OF FEES

135599

Any new pledge of fees, or new agreement for adjustment of	135600
fees, made in the biennium ending June 30, 2015, to secure bonds	135601
or notes of a state institution of higher education for a project	135602
for which bonds or notes were not outstanding on the effective	135603
date of this section shall be effective only after approval by the	135604
Chancellor of the Board of Regents, unless approved in a previous	135605
biennium.	135606

Section 363.470. HIGHER EDUCATION GENERAL OBLIGATION DEBT	135607
SERVICE	135608

The foregoing appropriation item 235909, Higher Education	135609
General Obligation Debt Service, shall be used to pay all debt	135610
service and related financing costs at the times they are required	135611
to be made during the period from July 1, 2013, through June 30,	135612
2015, for obligations issued under sections 151.01 and 151.04 of	135613
the Revised Code.	135614

Section 363.480. SALES AND SERVICES

135615

The Chancellor of the Board of Regents is authorized to	135616
charge and accept payment for the provision of goods and services.	135617
Such charges shall be reasonably related to the cost of producing	135618
the goods and services. Except as otherwise provided by law, no	135619
charges may be levied for goods or services that are produced as	135620
part of the routine responsibilities or duties of the Chancellor.	135621
All revenues received by the Chancellor of the Board of Regents	135622
shall be deposited into Fund 4560, and may be used by the	135623
Chancellor of the Board of Regents to pay for the costs of	135624
producing the goods and services.	135625

Section 363.483. CO-OP INTERNSHIP PROGRAM

135626

Of the foregoing appropriation item 235649, Co-op Internship	135627
Program, $75,000 in each fiscal year shall be used by the	135628
Chancellor of the Board of Regents to support the operations of	135629
Ohio University's Voinovich School.	135630

Of the foregoing appropriation item 235649, Co-op Internship	135631
Program, $75,000 in each fiscal year, shall be used by the	135632
Chancellor of the Board of Regents to support the operations of	135633
The Ohio State University's John Glenn School of Public Affairs.	135634

Of the foregoing appropriation item 235649, Co-op Internship	135635
Program, $75,000 in each fiscal year shall be used to support the	135636
Bliss Institute of Applied Politics at the University of Akron.	135637

Of the foregoing appropriation item 235649, Co-op Internship	135638
Program, $75,000 in each fiscal year shall be used to support the	135639
Center for Public Management and Regional Affairs at Miami	135640
University.	135641

Of the foregoing appropriation item 235649, Co-op Internship	135642
Program, $75,000 in each fiscal year shall be used to support the	135643
Washington Center Internship Program.	135644

Of the foregoing appropriation item 235649, Co-op Internship	135645
Program, $75,000 in each fiscal year shall be used to support the	135646
Ohio Center for the Advancement of Women in Public Service at the	135647
Maxine Goodman Levin College of Urban Affairs at Cleveland State	135648
University.	135649

Of the foregoing appropriation item 235649, Co-op Internship	135650
Program, $75,000 in each fiscal year shall be used to support the	135651
University of Cincinnati Internship Program.	135652

Of the foregoing appropriation item 235649, Co-op Internship	135653
Program, $75,000 in each fiscal year shall be used by the	135654
Chancellor of the Board of Regents to support the operations of	135655
the Center for Regional Development at Bowling Green State	135656
University.	135657

Of the foregoing appropriation item 235649, Co-op Internship	135658
Program, $75,000 in each fiscal year shall be used by the	135659
Chancellor of the Board of Regents to support the operations of	135660
the Institute for Defense Studies at Wright State University.	135661

Of the foregoing appropriation item 235649, Co-op Internship	135662
Program, $75,000 in each fiscal year shall be used to support the	135663
Kent State University Columbus Program.	135664

Section 363.490. HIGHER EDUCATIONAL FACILITY COMMISSION	135665
ADMINISTRATION	135666

The foregoing appropriation item 235602, Higher Educational	135667
Facility Commission Administration, shall be used by the	135668
Chancellor of the Board of Regents for operating expenses related	135669
to the Chancellor of the Board of Regents' support of the	135670
activities of the Ohio Higher Educational Facility Commission.	135671
Upon the request of the Chancellor, the Director of Budget and	135672
Management may transfer up to $29,100 cash in each fiscal year	135673
from the HEFC Operating Expenses Fund (Fund 4610) to the HEFC	135674
Administration Fund (Fund 4E80).	135675

Section 363.500. NURSING LOAN PROGRAM

135676

The foregoing appropriation item 235606, Nursing Loan	135677
Program, shall be used to administer the nurse education	135678
assistance program. Up to $50,000 in each fiscal year may be used	135679
for operating expenses associated with the program. Any additional	135680
funds needed for the administration of the program are subject to	135681
Controlling Board approval.	135682

Section 363.510. TELECOMMUNITY AND DISTANCE LEARNING

135683

Of the foregoing appropriation item 235674, Telecommunity and	135684
Distance Learning, up to $25,000 in each fiscal year shall be	135685
distributed by the Chancellor of the Board of Regents on a grant	135686
basis to eligible school districts to establish "distance	135687
learning" through interactive video technologies in the school	135688
district. Per agreements with eight Ohio local telephone	135689
companies, ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe	135690
Telephone Company, Cincinnati Bell Telephone Company, Orwell	135691
Telephone Company, Sprint North Central Telephone, VERIZON, and	135692
Western Reserve Telephone Company, school districts are eligible	135693
for funds if they are within one of the listed telephone company	135694
service areas. Funds to administer the program shall be expended	135695
by the Chancellor of the Board of Regents up to the amount	135696
specified in the agreements with the listed telephone companies.	135697

Within thirty days after the effective date of this section,	135698
the Director of Budget and Management shall transfer to Fund 4X10	135699
in the State Special Revenue Fund Group any investment earnings	135700
from moneys paid by any telephone company as part of any	135701
settlement agreement between the listed companies and the Public	135702
Utilities Commission in fiscal years 1996 and beyond.	135703

Of the foregoing appropriation item 235674, Telecommunity and	135704
Distance Learning, up to $24,150 in each fiscal year shall be	135705
distributed by the Chancellor of the Board of Regents on a grant	135706
basis to eligible school districts to establish "distance	135707
learning" in the school district. Per an agreement with Ameritech,	135708
school districts are eligible for funds if they are within an	135709
Ameritech service area. Funds to administer the program shall be	135710
expended by the Chancellor of the Board of Regents up to the	135711
amount specified in the agreement with Ameritech.	135712

Within thirty days after the effective date of this section,	135713
the Director of Budget and Management shall transfer to Fund 4X10	135714
in the State Special Revenue Fund Group any investment earnings	135715
from moneys paid by any telephone company as part of a settlement	135716
agreement between the company and the Public Utilities Commission	135717
in fiscal year 1995.	135718

Section 363.520. VETERANS PREFERENCES

135719

The Chancellor of the Board of Regents shall work with the	135720
Department of Veterans Services to develop specific veterans	135721
preference guidelines for higher education institutions. These	135722
guidelines shall ensure that the institutions' hiring practices	135723
are in accordance with the intent of Ohio's veterans preference	135724
laws.	135725

Section 363.530. STATE NEED-BASED FINANCIAL AID	135726
RECONCILIATION	135727

By the first day of August in each fiscal year, or as soon as	135728
possible thereafter, the Chancellor of the Board of Regents shall	135729
certify to the Director of Budget and Management the amount	135730
necessary to pay any outstanding prior year obligations to higher	135731
education institutions for the state's need-based financial aid	135732
programs. The amounts certified are hereby appropriated to	135733
appropriation item 235618, State Need-based Financial Aid	135734
Reconciliation, from revenues received in the State Need-based	135735
Financial Aid Reconciliation Fund (Fund 5Y50).	135736

Section 363.540. (A) As used in this section:

135737

(1) "Board of trustees" includes the managing authority of a	135738
university branch district.	135739

(2) "State institution of higher education" has the same	135740
meaning as in section 3345.011 of the Revised Code.	135741

(B) The board of trustees of any state institution of higher	135742
education, notwithstanding any rule of the institution to the	135743
contrary, may adopt a policy providing for mandatory furloughs of	135744
employees, including faculty, to achieve spending reductions	135745
necessitated by institutional budget deficits.	135746

Section 363.550. EFFICIENCY ADVISORY COMMITTEE

135747

The Chancellor of the Board of Regents shall establish an	135748
efficiency advisory committee for the purpose of generating	135749
optimal efficiency plans for campuses, identifying shared services	135750
opportunities, and sharing best practices. The efficiency advisory	135751
committee shall also attempt to reduce the cost of textbooks and	135752
other education resource materials. The committee shall meet at	135753
the call of the Chancellor or the Chancellor's designee, but at	135754
least quarterly. Each state institution of higher education shall	135755
designate an employee to serve as its efficiency officer	135756
responsible for the evaluation and improvement of operational	135757
efficiencies on campus. Each efficiency officer shall serve on the	135758
efficiency advisory committee.	135759

By December 31 of each year, the Efficiency Advisory	135760
Committee shall provide a report to the Office of Budget and	135761
Management, the Governor, and the General Assembly compiling the	135762
operational efficiency plans for all institutions of higher	135763
education and benchmarking efficiency gains realized over the	135764
preceding year and progress in implementing the prior year's	135765
efficiency plan. The report shall also be made available to the	135766
public on the Ohio Board of Regents web site.	135767

Section 363.570. (A) FUND ABOLITION

135768

On July 1, 2013, or as soon as possible thereafter, the	135769
Director of Budget and Management shall transfer the cash balance	135770
in the eTech Ohio Telecommunity Education Fund (Fund 4W90) to the	135771
Distance Learning Fund (Fund 4X10). Upon completion of the	135772
transfer, the eTech Ohio Telecommunity Education Fund (Fund	135773
4W90)is hereby abolished.	135774

(B) ETECH OHIO COMMISSION ABOLISHMENT AND APPROPRIATION LINE	135775
ITEM TRANSFER	135776

Effective July 1, 2013, the Director of Budget and Management	135777
shall cancel any existing encumbrances against appropriation item	135778
935411, Technology Integration and Professional Development, and	135779
re-establish them, as determined to be appropriate by the Director	135780
of Budget and Management, against appropriation item 235483,	135781
Technology Integration and Professional Development. The	135782
re-established encumbrance amounts are hereby appropriated. Any	135783
business commenced but not completed under appropriation item	135784
935411, Technology Integration and Professional Development, by	135785
July 1, 2013, shall be completed, as determined to be appropriate	135786
by the Director of Budget and Management, under appropriation item	135787
235483, Technology Integration and Professional Development, in	135788
the same manner and with the same effect as if it were completed	135789
with regard to appropriation item 935411, Technology Integration	135790
and Professional Development.	135791

Effective July 1, 2013, the Director of Budget and Management	135792
shall cancel any existing encumbrances against appropriation item	135793
935608, Media Services, and re-establish them against	135794
appropriation item 235676, Media Services. The re-established	135795
encumbrance amounts are hereby appropriated. Any business	135796
commenced but not completed under appropriation item 935608, Media	135797
Services, by July 1, 2013, shall be completed under appropriation	135798
item 235676, Media Services, in the same manner and with the same	135799
effect as if it were completed with regard to appropriation item	135800
935608, Media Services.	135801

Effective July 1, 2013, the Director of Budget and Management	135802
shall cancel any existing encumbrances against appropriation item	135803
935640, Conference/Special Purposes, and re-establish them against	135804
appropriation item 235675, Conference/Special Purposes. The	135805
re-established encumbrance amounts are hereby appropriated. Any	135806
business commenced but not completed under appropriation item	135807
935640, Conference/Special Purposes, by July 1, 2013, shall be	135808
completed under appropriation item 235675, Conference/Special	135809
Purposes, in the same manner and with the same effect as if it	135810
were completed with regard to appropriation item 935640,	135811
Conference/Special Purposes.	135812

Effective July 1, 2013, the Director of Budget and Management	135813
shall cancel any existing encumbrances against appropriation item	135814
935630, Telecommunity, and cancel any existing encumbrances	135815
against appropriation item 935634, Distance Learning, and	135816
re-establish them against appropriation item 235674, Telecommunity	135817
and Distance Learning. The re-established encumbrance amounts are	135818
hereby appropriated. Any business commenced but not completed	135819
under appropriation items 935630, Telecommunity, and 935634,	135820
Distance Learning, by July 1, 2013, shall be completed under	135821
appropriation item 235674, Telecommunity and Distance Learning, in	135822
the same manner and with the same effect as if it were completed	135823
with regard to appropriation items 935630, Telecommunity, and	135824
935634, Distance Learning.	135825

On July 1, 2013, or as soon as possible thereafter, the	135826
Director of Budget and Management shall cancel any existing	135827
capital appropriations and capital encumbrances of the former	135828
eTech Ohio Commission in the Higher Education Improvement Fund	135829
(Fund 7034), and re-establish them with the Chancellor of the	135830
Board of Regents in the Higher Education Improvement Fund (Fund	135831
7034). The re-established amounts are hereby appropriated.	135832

Effective July 1, 2013, notwithstanding any provision of the	135833
law to the contrary, the Director of Budget and Management may	135834
make budget changes made necessary by the transfer of the former	135835
eTech Ohio Commission to the Chancellor of the Board of Regents,	135836
if any, including administrative organization, program transfers,	135837
the creation of new funds, the transfer of state funds, the	135838
consolidation of funds, and the transfer of capital	135839
appropriations, as authorized by this section. The Director of	135840
Budget and Management may, if necessary, establish prior year	135841
encumbrances or parts of prior year encumbrances of the former	135842
eTech Ohio Commission with the Chancellor of the Board of Regents	135843
in the appropriate fund and appropriation item for the same	135844
purpose and for payment to the same vendor in fiscal year 2014 or	135845
fiscal year 2015. The established encumbrances plus any additional	135846
amounts determined to be necessary for the Chancellor of the Board	135847
of Regents to perform the operations and related management	135848
functions of the former eTech Ohio Commission are hereby	135849
appropriated.	135850

135851

Beginning in fiscal year 2014, the annual eTech Ohio	135852
Conference will be overseen by a Conference Operation Office	135853
comprised of employees of the Chancellor of the Board of Regents	135854
and Department of Education, including former employees of the	135855
eTech Ohio Commission transferred to the Chancellor of the Board	135856
of Regents and the Department of Education. The Office shall be	135857
responsible for conferences that focus on professional development	135858
in the education field, educational technology, distance learning,	135859
and other education topics pertinent to the State of Ohio.	135860

(D) ETECH ABOLISHMENT

135861

On and after July 1, 2013, the eTech Ohio Commission is	135862
hereby abolished and its duties, personnel, assets, and	135863
liabilities are transferred as provided in divisions (F) and (G)	135864
of this section.	135865

(E) TRANSFER OF CAPITAL DUTIES

135866

As of July 1, 2013, the Chancellor of the Board of Regents	135867
shall succeed to and have and perform all fiduciary duties and	135868
responsibilities previously held by the Director of eTech Ohio for	135869
all outstanding capital appropriations designated for use by eTech	135870
Ohio.	135871

Section 363.580. ELECTRONIC TEXTBOOK PILOT PROJECT

135872

(A) The Electronic Textbook Pilot Project is hereby	135873
established to provide grants on a competitive basis to public and	135874
chartered nonpublic schools to purchase electronic textbooks	135875
through the learning clearinghouse established in section 3333.81	135876
to 3333.88. The Electronic Textbook Pilot Project shall be	135877
administered by the Chancellor of the Board of Regents.	135878

(B) The Chancellor shall have the authority to set the grant	135879
criteria and to select grant recipients. In awarding grants under	135880
this section, the Chancellor shall establish the criteria for	135881
determining which applicants will be considered a priority for	135882
receiving grant funds.	135883

(C) Not later than January 31, 2014, the Chancellor shall	135884
issue a request for proposals from eligible schools.	135885

(D) Not later than May 31, 2014, the Chancellor shall award	135886
grants for use during the 2014-2015 school year.	135887

(E) The Chancellor and Superintendent of Public Instruction	135888
jointly shall notify schools of and promote participation in the	135889
pilot project.	135890

(F) Not later than December 31, 2015, the Chancellor shall	135891
submit to the Governor and the General Assembly, in accordance	135892
with section 101.68 of the Revised Code, a formative evaluation of	135893
the implementation and results of the pilot project and	135894
legislative recommendations for any changes in the pilot project.	135895

(G) The number of grants awarded under this section shall not	135896
exceed the number that can be funded with appropriations made by	135897
the General Assembly for this purpose.	135898

Section 365.10. DRC DEPARTMENT OF REHABILITATION AND	135899
CORRECTION	135900

General Revenue Fund	135901

GRF	501321	Institutional Operations	$	883,768,015	$	873,724,802	135902
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	135903
GRF	501405	Halfway House	$	45,049,356	$	46,024,108	135904
GRF	501406	Lease Rental Payments	$	104,099,500	$	99,534,800	135905
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	135906
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	135907
GRF	501501	Community Residential Programs - CBCF	$	63,345,972	$	66,150,781	135908
GRF	503321	Parole and Community Operations	$	64,480,938	$	65,029,680	135909
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	135910
GRF	505321	Institution Medical Services	$	243,289,774	$	254,139,452	135911
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	135912
TOTAL GRF General Revenue Fund			$	1,496,839,928	$	1,497,794,707	135913

General Services Fund Group	135914

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	135915
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	135916
4830	501605	Property Receipts	$	582,086	$	582,086	135917
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	135918
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	135919
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	135920
4S50	501608	Education Services	$	4,114,782	$	4,114,782	135921
5710	501606	Training Academy Receipts	$	125,000	$	125,000	135922
5930	501618	Laboratory Services	$	3,750,000	$	0	135923
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	135924
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	135925
5L60	501611	Information Technology Services	$	250,000	$	250,000	135926
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	135927

Federal Special Revenue Fund Group	135928

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	135929
TOTAL FED Federal Special Revenue							135930
Fund Group			$	7,132,943	$	7,132,943	135931

TOTAL ALL BUDGET FUND GROUPS

1,581,403,588

1,577,868,556

135932

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	135933
SENTENCING REFORMS	135934

For the purposes of implementing criminal sentencing reforms,	135935
and notwithstanding any other provision of law to the contrary,	135936
the Director of Budget and Management, at the request of the	135937
Director of Rehabilitation and Correction, may transfer up to	135938
$14,000,000 in appropriations, in each of fiscal years 2014 and	135939
2015, from appropriation item 501321, Institutional Operations, to	135940
any combination of appropriation items 501405, Halfway House;	135941
501407, Community Residential Programs; 501408, Community	135942
Misdemeanor Programs; and 501501, Community Residential Programs -	135943
CBCF.	135944

LEASE RENTAL PAYMENTS

135945

The foregoing appropriation item 501406, Lease Rental	135946
Payments, shall be used to meet all payments at the times they are	135947
required to be made during the period from July 1, 2013, through	135948
June 30, 2015, by the Department of Rehabilitation and Correction	135949
under the primary leases and agreements for those buildings made	135950
under Chapters 152. and 154. of the Revised Code. These	135951
appropriations are the source of funds pledged for bond service	135952
charges on related obligations issued under Chapters 152. and 154.	135953
of the Revised Code.	135954

OSU MEDICAL CHARGES

135955

Notwithstanding section 341.192 of the Revised Code, at the	135956
request of the Department of Rehabilitation and Correction, The	135957
Ohio State University Medical Center, including the Arthur G.	135958
James Cancer Hospital and Richard J. Solove Research Institute and	135959
the Richard M. Ross Heart Hospital, shall provide necessary care	135960
to persons who are confined in state adult correctional	135961
facilities. The provision of necessary care shall be billed to the	135962
Department at a rate not to exceed the authorized reimbursement	135963
rate for the same service established by the Department of	135964
Medicaid under the Medicaid Program.	135965

CORRECTIVE CASH TRANSFER

135966

At the request of the Director of Rehabilitation and	135967
Correction, the Director of Budget and Management may transfer an	135968
amount not to exceed $2,391 in cash that was mistakenly deposited	135969
in the Federal Grants Fund (Fund 3230) to the General Revenue	135970
Fund.	135971

Section 369.10. RCB RESPIRATORY CARE BOARD

135972

General Services Fund Group	135973

4K90	872609	Operating Expenses	$	547,576	$	542,246	135974
TOTAL GSF General Services							135975
Fund Group			$	547,576	$	542,246	135976
TOTAL ALL BUDGET FUND GROUPS			$	547,576	$	542,246	135977

Section 371.10. RDF REVENUE DISTRIBUTION FUNDS

135979

Special State Revenue Fund Group	135980

5JG0	110633		Gross Casino Revenue County Fund		$	158,005,325		$	168,977,942		135981
TOTAL SSR State Special Revenue Fund Group					$	158,005,325		$	168,977,942		135982

Volunteer Firefighters' Dependents Fund	135983

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	135984
TOTAL 085 Volunteer Firefighters'							135985
Dependents Fund			$	300,000	$	300,000	135986

Agency Fund Group	135987

4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	135988
5JH0	110634	Gross Casino Revenue County Student Fund	$	105,336,883	$	112,651,961	135989
5JJ0	110636	Gross Casino Revenue Host City Fund	$	15,490,718	$	16,566,465	135990
6080	001699	Investment Earnings	$	30,000,000	$	30,000,000	135991
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	135992
7063	110963	Permissive Tax Distribution	$	2,066,331,400	$	2,151,135,100	135993
7067	110967	School District Income Tax	$	346,669,300	$	365,277,800	135994
7099	762902	Permissive Tax Distribution - Auto Registration	$	184,000,000	$	184,000,000	135995
TOTAL AGY Agency Fund Group			$	2,751,928,301	$	2,863,731,326	135996

Holding Account Redistribution	135997

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	135998
TOTAL 090 Holding Account Redistribution Fund			$	40,000,000	$	40,000,000	135999
Revenue Distribution Fund Group							136000
7049	335900	Indigent Drivers Alcohol Treatment	$	2,250,000	$	2,250,000	136001
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	136002
7051	762901	Auto Registration Distribution	$	360,000,000	$	360,000,000	136003
7054	110954	Local Government Property Tax Replacement - Utility	$	5,649,000	$	5,649,000	136004
7060	110960	Gasoline Excise Tax Fund	$	395,000,000	$	395,000,000	136005
7065	110965	Public Library Fund	$	359,300,000	$	369,000,000	136006
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	136007
7068	110968	State and Local Government Highway Distribution	$	196,000,000	$	196,000,000	136008
7069	110969	Local Government Fund	$	363,600,000	$	376,400,000	136009
7081	110981	Local Government Property Tax Replacement-Business	$	146,500,000	$	107,900,000	136010
7082	110982	Horse Racing Tax	$	100,000	$	100,000	136011
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	136012
TOTAL RDF Revenue Distribution							136013
Fund Group			$	1,873,899,000	$	1,857,799,000	136014
TOTAL ALL BUDGET FUND GROUPS			$	4,824,132,626	$	4,930,808,268	136015

ADDITIONAL APPROPRIATIONS

136016

Appropriation items in this section shall be used for the	136017
purpose of administering and distributing the designated revenue	136018
distribution funds according to the Revised Code. If it is	136019
determined that additional appropriations are necessary for this	136020
purpose, such amounts are hereby appropriated.	136021

GENERAL REVENUE FUND TRANSFERS

136022

Notwithstanding any provision of law to the contrary, in	136023
fiscal year 2014 and fiscal year 2015, the Director of Budget and	136024
Management may transfer from the General Revenue Fund to the Local	136025
Government Tangible Property Tax Replacement Fund (Fund 7081) in	136026
the Revenue Distribution Fund Group, those amounts necessary to	136027
reimburse local taxing units under section 5751.22 of the Revised	136028
Code. Also, in fiscal year 2014 and fiscal year 2015, the Director	136029
of Budget and Management may make temporary transfers from the	136030
General Revenue Fund to ensure sufficient balances in the Local	136031
Government Tangible Property Tax Replacement Fund (Fund 7081) and	136032
to replenish the General Revenue Fund for such transfers.	136033

Section 373.10. SAN BOARD OF SANITARIAN REGISTRATION

136034

General Services Fund Group	136035

4K90	893609	Operating Expenses	$	137,850	$	129,850	136036
TOTAL GSF General Services							136037
Fund Group			$	137,850	$	129,850	136038
TOTAL ALL BUDGET FUND GROUPS			$	137,850	$	129,850	136039

Section 375.10. OSB OHIO STATE SCHOOL FOR THE BLIND

136041

General Revenue Fund	136042

GRF	226321		Operations		$	7,278,579		$	7,278,579		136043
TOTAL GRF General Revenue Fund					$	7,278,579		$	7,278,579		136044

General Services Fund Group	136045

4H80	226602	Education Reform Grants	$	27,000	$	27,000	136046
TOTAL GSF General Services							136047
Fund Group			$	27,000	$	27,000	136048

Federal Special Revenue Fund Group	136049

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	136050
3DT0	226621	Ohio Transition Collaborative	$	650,000	$	650,000	136051
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	136052
TOTAL FED Federal Special							136053
Revenue Fund Group			$	3,227,104	$	3,227,104	136054

State Special Revenue Fund Group	136055

4M50	226601	Work Study and Technology Investment	$	461,521	$	461,521	136056
TOTAL SSR State Special Revenue							136057
Fund Group			$	461,521	$	461,521	136058
TOTAL ALL BUDGET FUND GROUPS			$	10,994,204	$	10,994,204	136059

Section 377.10. OSD OHIO SCHOOL FOR THE DEAF

136061

General Revenue Fund	136062

GRF	221321		Operations		$	8,727,657		$	8,727,657		136063
TOTAL GRF General Revenue Fund					$	8,727,657		$	8,727,657		136064

General Services Fund Group	136065

4M10	221602	Education Reform Grants	$	35,000	$	35,000	136066
TOTAL GSF General Services							136067
Fund Group			$	35,000	$	35,000	136068

Federal Special Revenue Fund Group	136069

3110	221625	Coordinating Unit	$	2,153,245	$	2,153,245	136070
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	136071
TOTAL FED Federal Special							136072
Revenue Fund Group			$	2,188,245	$	2,188,245	136073

State Special Revenue Fund Group	136074

4M00	221601	Educational Program Expenses	$	95,000	$	95,000	136075
5H60	221609	Even Start Fees and Gifts	$	35,000	$	35,000	136076
TOTAL SSR State Special Revenue							136077
Fund Group			$	130,000	$	130,000	136078
TOTAL ALL BUDGET FUND GROUPS			$	11,080,902	$	11,080,902	136079

Section 381.10. SOS SECRETARY OF STATE

136081

General Revenue Fund	136082

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	136083
GRF	050407	Pollworkers Training	$	234,196	$	234,196	136084
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	136085

General Services Fund Group	136086

4120	050609	Notary Commission	$	475,000	$	475,000	136087
4130	050601	Information Systems	$	49,000	$	49,000	136088
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	136089
5FG0	050620	BOE Reimbursement and Education	$	80,000	$	80,000	136090
TOTAL General Services Fund Group			$	611,200	$	611,200	136091

Federal Special Revenue Fund Group	136092

3AH0	050614	Election Reform/Health and Human Services	$	300,000	$	300,000	136093
3AS0	050616	Help America Vote Act (HAVA)	$	1,710,000	$	1,710,000	136094
TOTAL FED Federal Special Revenue							136095
Fund Group			$	2,010,000	$	2,010,000	136096

State Special Revenue Fund Group	136097

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	136098
TOTAL SSR State Special Revenue							136099
Fund Group			$	14,385,400	$	14,385,400	136100

Holding Account Redistribution Fund Group	136101

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	136102
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	136103
TOTAL 090 Holding Account							136104
Redistribution Fund Group			$	115,000	$	115,000	136105
TOTAL ALL BUDGET FUND GROUPS			$	19,499,826	$	19,499,826	136106

POLLWORKER TRAINING

136107

The foregoing appropriation item 050407, Pollworkers	136108
Training, shall be used to reimburse county boards of elections	136109
for pollworker training pursuant to section 3501.27 of the Revised	136110
Code. At the end of fiscal year 2014, an amount equal to the	136111
unexpended, unencumbered portion of appropriation item 050407,	136112
Pollworkers Training, is hereby reappropriated in fiscal year 2015	136113
for the same purpose.	136114

BOARD OF VOTING MACHINE EXAMINERS

136115

The foregoing appropriation item 050610, Board of Voting	136116
Machine Examiners, shall be used to pay for the services and	136117
expenses of the members of the Board of Voting Machine Examiners,	136118
and for other expenses that are authorized to be paid from the	136119
Board of Voting Machine Examiners Fund, which is created in	136120
section 3506.05 of the Revised Code. Moneys not used shall be	136121
returned to the person or entity submitting equipment for	136122
examination. If it is determined that additional appropriations	136123
are necessary, such amounts are hereby appropriated.	136124

HAVA FUNDS

136125

An amount equal to the unexpended, unencumbered portion of	136126
appropriation item 050614, Election Reform/Health and Human	136127
Services, at the end of fiscal year 2014 is reappropriated for the	136128
same purpose in fiscal year 2015.	136129

An amount equal to the unexpended, unencumbered portion of	136130
appropriation item 050616, Help America Vote Act (HAVA), at the	136131
end of fiscal year 2014 is reappropriated for the same purpose in	136132
fiscal year 2015.	136133

The Director of Budget and Management shall credit the	136134
ongoing interest earnings from the Election Reform/Health and	136135
Human Services Fund (Fund 3AH0) and the Help America Vote Act	136136
(HAVA) (Fund 3AS0) to the respective funds and distribute these	136137
earnings in accordance with the terms of the grant under which the	136138
money is received.	136139

MISCELLANEOUS FEDERAL GRANTS

136140

On July 1, 2013, or as soon as possible thereafter, the	136141
Director of Budget and Management shall transfer from the General	136142
Revenue Fund (GRF) all investment earnings and amounts equal to	136143
the interest earnings that were attributable to the Miscellaneous	136144
Federal Grants Fund (Fund 3FM0) in each quarter of fiscal year	136145
2013. The Director of Budget and Management shall credit the	136146
ongoing interest earnings from Fund 3FM0 to that fund and	136147
distribute these earnings in accordance with the terms of the	136148
grant under which the money was received.	136149

HOLDING ACCOUNT REDISTRIBUTION GROUP

136150

The foregoing appropriation items 050605, Uniform Commercial	136151
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	136152
be used to hold revenues until they are directed to the	136153
appropriate accounts or until they are refunded. If it is	136154
determined that additional appropriations are necessary, such	136155
amounts are hereby appropriated.	136156

Section 383.10. SEN THE OHIO SENATE

136157

General Revenue Fund	136158

GRF	020321		Operating Expenses		$	11,947,822		$	11,947,822		136159
TOTAL GRF General Revenue Fund					$	11,947,822		$	11,947,822		136160

General Services Fund Group	136161

1020	020602	Senate Reimbursement	$	852,001	$	852,001	136162
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	136163
TOTAL GSF General Services							136164
Fund Group			$	886,498	$	886,498	136165
TOTAL ALL BUDGET FUND GROUPS			$	12,834,320	$	12,834,320	136166

OPERATING EXPENSES

136167

On July 1, 2013, or as soon as possible thereafter, the Clerk	136168
of the Senate may certify to the Director of Budget and Management	136169
the amount of the unexpended, unencumbered balance of the	136170
foregoing appropriation item 020321, Operating Expenses, at the	136171
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	136172
The amount certified is hereby reappropriated to the same	136173
appropriation item for fiscal year 2014.	136174

On July 1, 2014, or as soon as possible thereafter, the Clerk	136175
of the Senate may certify to the Director of Budget and Management	136176
the amount of the unexpended, unencumbered balance of the	136177
foregoing appropriation item 020321, Operating Expenses, at the	136178
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	136179
The amount certified is hereby reappropriated to the same	136180
appropriation item for fiscal year 2015.	136181

Section 385.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

136182

General Revenue Fund	136183

GRF	866321		CSV Operations		$	286,661		$	294,072		136184
TOTAL GRF General Revenue Fund					$	286,661		$	294,072		136185

General Services Fund	136186

5GN0	866605		Serve Ohio Support		$	30,000		$	30,000		136187
TOTAL GSF General Services Fund					$	30,000		$	30,000		136188

Federal Special Revenue Fund Group	136189

3R70	866617	AmeriCorps Programs	$	7,447,000	$	7,447,000	136190
TOTAL FED Federal Special Revenue							136191
Fund Group			$	7,447,000	$	7,447,000	136192
TOTAL ALL BUDGET FUND GROUPS			$	7,763,661	$	7,771,072	136193

Section 387.10. CSF COMMISSIONERS OF THE SINKING FUND

136195

Debt Service Fund Group	136196

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	66,511,600	$	83,783,000	136197
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	132,647,900	$	127,171,800	136198
7073	155903	Natural Resources Bond Retirement Fund	$	24,325,400	$	25,443,000	136199
7074	155904	Conservation Projects Bond Retirement Fund	$	33,376,600	$	34,447,700	136200
7076	155906	Coal Research and Development Bond Retirement Fund	$	2,858,900	$	4,327,200	136201
7077	155907	State Capital Improvement Bond Retirement Fund	$	227,810,300	$	228,948,900	136202
7078	155908	Common Schools Bond Retirement Fund	$	351,806,100	$	377,364,700	136203
7079	155909	Higher Education Bond Retirement Fund	$	221,168,700	$	248,822,000	136204
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	7,542,600	$	9,914,800	136205
7090	155912	Job Ready Site Development Bond Retirement Fund	$	15,498,400	$	19,124,500	136206
TOTAL DSF Debt Service Fund Group			$	1,083,546,500	$	1,159,347,600	136207
TOTAL ALL BUDGET FUND GROUPS			$	1,083,546,500	$	1,159,347,600	136208

ADDITIONAL APPROPRIATIONS

136209

Appropriation items in this section are for the purpose of	136210
paying debt service and financing costs on bonds or notes of the	136211
state issued under the Ohio Constitution and acts of the General	136212
Assembly. If it is determined that additional amounts are	136213
necessary for this purpose, such amounts are hereby appropriated.	136214

Section 389.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	136215
DEVELOPMENT FOUNDATION	136216

Tobacco Master Settlement Agreement Fund Group	136217

5M90	945601	Operating Expenses	$	426,800	$	426,800	136218
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	426,800	$	426,800	136219
TOTAL ALL BUDGET FUND GROUPS			$	426,800	$	426,800	136220

Section 391.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	136222
AUDIOLOGY	136223

General Services Fund Group	136224

4K90	886609	Operating Expenses	$	472,260	$	508,660	136225
TOTAL GSF General Services							136226
Fund Group			$	472,260	$	508,660	136227
TOTAL ALL BUDGET FUND GROUPS			$	427,260	$	508,660	136228

Section 393.10. BTA BOARD OF TAX APPEALS

136230

General Revenue Fund	136231

GRF	116321	Operating Expenses	$	1,700,000	$	1,700,000	136232
TOTAL GRF General Revenue Fund			$	1,700,000	$	1,700,000	136233
TOTAL ALL BUDGET FUND GROUPS			$	1,700,000	$	1,700,000	136234

Section 395.10. TAX DEPARTMENT OF TAXATION

136236

General Revenue Fund	136237

GRF	110321	Operating Expenses	$	71,068,330	$	67,968,332	136238
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	136239
GRF	110901	Property Tax Allocation - Taxation	$	666,640,000	$	693,305,600	136240
TOTAL GRF General Revenue Fund			$	737,886,530	$	761,452,132	136241

General Services Fund Group	136242

2280	110628	Revenue Enhancement	$	15,500,000	$	17,500,000	136243
4330	110602	Tape File Account	$	175,000	$	175,000	136244
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	136245
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	136246
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	136247
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	136248
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	136249
5V80	110623	Property Tax Administration	$	11,978,310	$	11,978,310	136250
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	136251
TOTAL GSF General Services							136252
Fund Group			$	33,492,810	$	33,492,810	136253

State Special Revenue Fund Group	136254

4350	110607	Local Tax Administration	$	20,000,000	$	20,700,000	136255
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	136256
4370	110606	Income Tax Contribution	$	38,800	$	38,800	136257
4380	110609	School District Income Tax	$	5,802,044	$	5,802,044	136258
4C60	110616	International Registration Plan	$	682,415	$	682,415	136259
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	136260
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	136261
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	136262
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	136263
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	136264
TOTAL SSR State Special Revenue							136265
Fund Group			$	36,287,450	$	36,987,450	136266

Agency Fund Group	136267

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	136268
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	136269
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	136270

Holding Account Redistribution Fund Group	136271

R010	110611	Tax Distributions	$	50,000	$	50,000	136272
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	136273
TOTAL 090 Holding Account							136274
Redistribution Fund Group			$	100,000	$	100,000	136275
TOTAL ALL BUDGET FUND GROUPS			$	2,375,566,790	$	2,399,832,392	136276

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

136277

The foregoing appropriation item 110901, Property Tax	136278
Allocation - Taxation, is hereby appropriated to pay for the	136279
state's costs incurred due to the Homestead Exemption, the	136280
Manufactured Home Property Tax Rollback, and the Property Tax	136281
Rollback. The Tax Commissioner shall distribute these funds	136282
directly to the appropriate local taxing districts, except for	136283
school districts, notwithstanding the provisions in sections	136284
321.24 and 323.156 of the Revised Code, which provide for payment	136285
of the Homestead Exemption, the Manufactured Home Property Tax	136286
Rollback, and Property Tax Rollback by the Tax Commissioner to the	136287
appropriate county treasurer and the subsequent redistribution of	136288
these funds to the appropriate local taxing districts by the	136289
county auditor.	136290

Upon receipt of these amounts, each local taxing district	136291
shall distribute the amount among the proper funds as if it had	136292
been paid as real property taxes. Payments for the costs of	136293
administration shall continue to be paid to the county treasurer	136294
and county auditor as provided for in sections 319.54, 321.26, and	136295
323.156 of the Revised Code.	136296

Any sums, in addition to the amounts specifically	136297
appropriated in appropriation item 110901, Property Tax Allocation	136298
- Taxation, for the Homestead Exemption, the Manufactured Home	136299
Property Tax Rollback, and the Property Tax Rollback payments,	136300
which are determined to be necessary for these purposes, are	136301
hereby appropriated.	136302

MUNICIPAL INCOME TAX

136303

The foregoing appropriation item 110995, Municipal Income	136304
Tax, shall be used to make payments to municipal corporations	136305
under section 5745.05 of the Revised Code. If it is determined	136306
that additional appropriations are necessary to make such	136307
payments, such amounts are hereby appropriated.	136308

TAX REFUNDS

136309

The foregoing appropriation item 110635, Tax Refunds, shall	136310
be used to pay refunds under section 5703.052 of the Revised Code.	136311
If it is determined that additional appropriations are necessary	136312
for this purpose, such amounts are hereby appropriated.	136313

INTERNATIONAL REGISTRATION PLAN AUDIT

136314

The foregoing appropriation item 110616, International	136315
Registration Plan, shall be used under section 5703.12 of the	136316
Revised Code for audits of persons with vehicles registered under	136317
the International Registration Plan.	136318

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

136319

Of the foregoing appropriation item 110607, Local Tax	136320
Administration, the Tax Commissioner may disburse funds, if	136321
available, for the purposes of paying travel expenses incurred by	136322
members of Ohio's delegation to the Streamlined Sales Tax Project,	136323
as appointed under section 5740.02 of the Revised Code. Any travel	136324
expense reimbursement paid for by the Department of Taxation shall	136325
be done in accordance with applicable state laws and guidelines.	136326

TOBACCO SETTLEMENT ENFORCEMENT

136327

The foregoing appropriation item 110404, Tobacco Settlement	136328
Enforcement, shall be used by the Tax Commissioner to pay costs	136329
incurred in the enforcement of divisions (F) and (G) of section	136330
5743.03 of the Revised Code.	136331

STARS DEVELOPMENT AND IMPLEMENTATION FUND

136332

The foregoing appropriation item 110638, STARS Development	136333
and Implementation Fund, shall be used to pay costs incurred in	136334
the development and implementation of the department's State Tax	136335
Accounting and Revenue System. The Director of Budget and	136336
Management, under a plan submitted by the Tax Commissioner, or as	136337
otherwise determined by the Director of Budget and Management,	136338
shall set a schedule to transfer cash from the Tax Reform System	136339
Implementation Fund, Local Tax Administration Fund, School	136340
District Income Tax Fund, Discovery Project Fund, and the Motor	136341
Fuel Tax Administration Fund to the credit of the STARS	136342
Development and Implementation Fund (Fund 5MN0). The transfers of	136343
cash shall not exceed $8,000,000 in the biennium.	136344

Section 397.10. DOT DEPARTMENT OF TRANSPORTATION

136345

General Revenue Fund	136346

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	136347
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	136348
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	136349
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	136350
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	136351

Section 399.10. TOS TREASURER OF STATE

136353

General Revenue Fund	136354

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	136355
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	136356
GRF	090402	Continuing Education	$	377,702	$	377,702	136357
GRF	090524	Police and Fire Disability Pension Fund	$	6,000	$	6,000	136358
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	70,000	$	70,000	136359
GRF	090554	Police and Fire Survivor Benefits	$	507,000	$	507,000	136360
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	136361
TOTAL GRF General Revenue Fund			$	29,206,559	$	29,206,559	136362

General Services Fund Group	136363

4E90	090603	Securities Lending Income	$	3,765,000	$	3,765,000	136364
5770	090605	Investment Pool Reimbursement	$	850,000	$	850,000	136365
5C50	090602	County Treasurer Education	$	170,057	$	170,057	136366
6050	090609	Treasurer of State Administrative Fund	$	835,000	$	835,000	136367
TOTAL GSF General Services							136368
Fund Group			$	5,620,057	$	5,620,057	136369

Agency Fund Group	136370

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	136371
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	136372
TOTAL ALL BUDGET FUND GROUPS			$	40,826,616	$	40,826,616	136373

Section 399.20. OFFICE OF THE SINKING FUND

136375

The foregoing appropriation item 090401, Office of the	136376
Sinking Fund, shall be used for costs incurred by or on behalf of	136377
the Commissioners of the Sinking Fund and the Ohio Public	136378
Facilities Commission with respect to State of Ohio general	136379
obligation bonds or notes, and the Treasurer of State with respect	136380
to State of Ohio general obligation and special obligation bonds	136381
or notes, including, but not limited to, printing, advertising,	136382
delivery, rating fees and the procurement of ratings, professional	136383
publications, membership in professional organizations, and other	136384
services referred to in division (D) of section 151.01 of the	136385
Revised Code. The General Revenue Fund shall be reimbursed for	136386
such costs relating to the issuance and administration of Highway	136387
Capital Improvement bonds or notes authorized under Ohio	136388
Constitution, Article VIII, Section 2m and Chapter 151. of the	136389
Revised Code. That reimbursement shall be made from appropriation	136390
item 155902, Highway Capital Improvement Bond Retirement Fund, by	136391
intrastate transfer voucher pursuant to a certification by the	136392
Office of the Sinking Fund of the actual amounts used. The amounts	136393
necessary to make such a reimbursement are hereby appropriated	136394
from the Highway Capital Improvement Bond Retirement Fund created	136395
in section 151.06 of the Revised Code.	136396

POLICE AND FIRE DEATH BENEFIT FUND

136397

The foregoing appropriation item 090575, Police and Fire	136398
Death Benefits, shall be disbursed quarterly by the Treasurer of	136399
State at the beginning of each quarter of each fiscal year to the	136400
Board of Trustees of the Ohio Police and Fire Pension Fund. The	136401
Treasurer of State shall certify such amounts quarterly to the	136402
Director of Budget and Management. By the twentieth day of June of	136403
each fiscal year, the Board of Trustees of the Ohio Police and	136404
Fire Pension Fund shall certify to the Treasurer of State the	136405
amount disbursed in the current fiscal year to make the payments	136406
required by section 742.63 of the Revised Code and shall return to	136407
the Treasurer of State moneys received from this appropriation	136408
item but not disbursed.	136409

TAX REFUNDS

136410

The foregoing appropriation item 090635, Tax Refunds, shall	136411
be used to pay refunds under section 5703.052 of the Revised Code.	136412
If the Director of Budget and Management determines that	136413
additional amounts are necessary for this purpose, such amounts	136414
are hereby appropriated.	136415

Section 401.10. VTO VETERANS' ORGANIZATIONS

136416

General Revenue Fund	136417

VAP AMERICAN EX-PRISONERS OF WAR	136418

GRF

743501

State Support

28,910

136419

VAN ARMY AND NAVY UNION, USA, INC.	136420

GRF

746501

State Support

63,539

136421

VKW KOREAN WAR VETERANS	136422

GRF

747501

State Support

57,118

136423

VJW JEWISH WAR VETERANS	136424

GRF

748501

State Support

34,321

136425

VCW CATHOLIC WAR VETERANS	136426

GRF

749501

State Support

66,978

136427

VPH MILITARY ORDER OF THE PURPLE HEART	136428

GRF

750501

State Support

65,116

136429

VVV VIETNAM VETERANS OF AMERICA	136430

GRF

751501

State Support

214,776

136431

VAL AMERICAN LEGION OF OHIO	136432

GRF

752501

State Support

349,189

136433

VII AMVETS	136434

GRF

753501

State Support

332,547

136435

VAV DISABLED AMERICAN VETERANS	136436

GRF

754501

State Support

249,836

136437

VMC MARINE CORPS LEAGUE	136438

GRF

756501

State Support

133,947

136439

V37 37TH DIVISION VETERANS' ASSOCIATION	136440

GRF

757501

State Support

6,868

136441

VFW VETERANS OF FOREIGN WARS	136442

GRF

758501

State Support

284,841

136443

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		136444
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		136445

RELEASE OF FUNDS

136446

The Director of Budget and Management may release the	136447
foregoing appropriation items 743501, 746501, 747501, 748501,	136448
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	136449
and 758501, State Support.	136450

Section 403.10. DVS DEPARTMENT OF VETERANS SERVICES

136451

General Revenue Fund	136452

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	136453
GRF	900402	Hall of Fame	$	107,075	$	107,075	136454
GRF	900408	Department of Veterans Services	$	2,001,823	$	2,001,823	136455
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	136456
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	136457

General Services Fund Group	136458

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		136459
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		136460

Federal Special Revenue Fund Group	136461

3680	900614	Veterans Training	$	684,017	$	697,682	136462
3740	900606	Troops to Teachers	$	111,822	$	111,879	136463
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	136464
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	136465
TOTAL FED Federal Special Revenue							136466
Fund Group			$	27,933,629	$	28,693,984	136467

State Special Revenue Fund Group	136468

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	136469
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	136470
TOTAL SSR State Special Revenue							136471
Fund Group			$	11,018,315	$	11,296,794	136472

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	136473

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	136474
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	136475
TOTAL 041 Persian Gulf,							136476
Afghanistan, and Iraq							136477
Compensation Fund Group			$	15,238,703	$	10,029,709	136478
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	136479

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	136480
OBLIGATION DEBT SERVICE	136481

The foregoing appropriation item 900901, Persian Gulf,	136482
Afghanistan and Iraq Compensation Debt Service, shall be used to	136483
pay all debt service and related financing costs during the period	136484
from July 1, 2013, through June 30, 2015, on obligations issued	136485
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	136486
purposes under sections 151.01 and 151.12 of the Revised Code.	136487

Section 405.10. DVM STATE VETERINARY MEDICAL BOARD

136488

General Services Fund Group	136489

4K90	888609	Operating Expenses	$	337,432	$	331,695	136490
5BU0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	136491
TOTAL GSF General Services							136492
Fund Group			$	367,432	$	361,695	136493
TOTAL ALL BUDGET FUND GROUPS			$	367,432	$	361,695	136494

Section 407.10. DYS DEPARTMENT OF YOUTH SERVICES

136496

General Revenue Fund	136497

GRF	470401	RECLAIM Ohio	$	166,862,228	$	166,862,228	136498
GRF	470412	Lease Rental Payments	$	26,044,800	$	27,819,700	136499
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	136500
GRF	472321	Parole Operations	$	10,583,118	$	10,583,118	136501
GRF	477321	Administrative Operations	$	11,355,389	$	11,355,389	136502
TOTAL GRF General Revenue Fund			$	231,548,263	$	233,323,163	136503

General Services Fund Group	136504

1750	470613	Education Reimbursement	$	3,950,000	$	3,600,000	136505
4790	470609	Employee Food Service	$	125,000	$	125,000	136506
4A20	470602	Child Support	$	250,000	$	250,000	136507
4G60	470605	General Operational Funds	$	115,000	$	115,000	136508
5BN0	470629	E-Rate Program	$	525,000	$	525,000	136509
TOTAL GSF General Services							136510
Fund Group			$	4,965,000	$	4,615,000	136511

Federal Special Revenue Fund Group	136512

3210	470601	Education	$	1,480,740	$	1,203,272	136513
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	136514
3210	470606	Nutrition	$	1,033,947	$	1,033,947	136515
3210	470614	Title IV-E Reimbursements	$	5,755,620	$	3,714,548	136516
3CP0	470638	Federal Juvenile Programs FFY 09	$	20,000	$	5,000	136517
3CR0	470639	Federal Juvenile Programs FFY 10	$	479,900	$	126,000	136518
3FB0	470641	Federal Juvenile Programs FFY 11	$	500,000	$	105,000	136519
3FC0	470642	Federal Juvenile Programs FFY 12	$	600,000	$	50,000	136520
3GB0	470643	Federal Juvenile Programs FFY 13	$	135,000	$	600,000	136521
3GC0	470644	Federal Juvenile Programs FFY 14	$	0	$	135,000	136522
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,300,000	$	1,000,000	136523
TOTAL FED Federal Special Revenue							136524
Fund Group			$	11,605,207	$	8,272,767	136525

State Special Revenue Fund Group	136526

1470	470612	Vocational Education	$	1,795,000	$	1,795,000	136527
TOTAL SSR State Special Revenue							136528
Fund Group			$	1,795,000	$	1,795,000	136529
TOTAL ALL BUDGET FUND GROUPS			$	249,913,470	$	248,005,930	136530

COMMUNITY PROGRAMS

136531

For purposes of improving community programs, and	136532
notwithstanding any provision of law to the contrary, of the	136533
foregoing appropriation item 470401, RECLAIM Ohio, the Department	136534
of Youth Services shall use $8,813,811 in each fiscal year to	136535
expand Targeted RECLAIM, the Behavioral Health Juvenile Justice	136536
Initiative, and other evidence-based community programs.	136537

For purposes of implementing juvenile sentencing reforms, and	136538
notwithstanding any provision of law to the contrary, the	136539
Department of Youth Services may use up to forty-five per cent of	136540
the unexpended, unencumbered balance of the portion of	136541
appropriation item 470401, RECLAIM Ohio, that is allocated to	136542
juvenile correctional facilities in each fiscal year to expand	136543
Targeted RECLAIM, the Behavioral Health Juvenile Justice	136544
Initiative, and other evidence-based community programs.	136545

LEASE RENTAL PAYMENTS

136546

The foregoing appropriation item 470412, Lease Rental	136547
Payments, shall be used to meet all payments at the times they are	136548
required to be made for the period from July 1, 2013, through June	136549
30, 2015, by the Department of Youth Services under the leases and	136550
agreements for facilities made under Chapters 152. and 154. of the	136551
Revised Code. This appropriation is the source of funds pledged	136552
for bond service charges on related obligations issued under	136553
Chapters 152. and 154. of the Revised Code.	136554

EDUCATION REIMBURSEMENT

136555

The foregoing appropriation item 470613, Education	136556
Reimbursement, shall be used to fund the operating expenses of	136557
providing educational services to youth supervised by the	136558
Department of Youth Services. Operating expenses include, but are	136559
not limited to, teachers' salaries, maintenance costs, and	136560
educational equipment. This appropriation item may be used for	136561
capital expenses related to the education program.	136562

EMPLOYEE FOOD SERVICE AND EQUIPMENT

136563

Notwithstanding section 125.14 of the Revised Code, the	136564
foregoing appropriation item 470609, Employee Food Service, may be	136565
used to purchase any food operational items with funds received	136566
into the fund from reimbursements for state surplus property.	136567

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

136568

In collaboration with the county family and children first	136569
council, the juvenile court of that county that receives	136570
allocations from one or both of the foregoing appropriation items	136571
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	136572
portions of those allocations to a flexible funding pool as	136573
authorized by the section of Am. Sub. H.B. 153 of the 129th	136574
General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	136575
FUNDING POOL."	136576

Section 501.10. SCREENING TOOL FOR HIGH-RISK YOUTH TEAM	136577
EVALUATION	136578

The Office of Health Transformation shall convene a team	136579
comprised of the Department of Youth Services, the Department of	136580
Medicaid, the Department of Job and Family Services, the	136581
Department of Health, and the Department of Mental Health and	136582
Addiction Services. The team shall evaluate the feasibility of	136583
implementing a trauma screening tool for high-risk youth and	136584
create a report with the following information: (A) the	136585
recommended trauma screening tool to be used to evaluate high-risk	136586
youth; (B) training in the administration of the recommended tool;	136587
(C) screening protocols; (D) the persons to whom the recommended	136588
tool should apply; and (E) the implications for treatment. The	136589
report shall be completed by December 1, 2013, and shall be	136590
distributed to the Governor. The Department of Youth Services may	136591
receive funds for piloting the recommended tool in detention	136592
centers.	136593

Section 501.20. All items set forth in this section are	136594
hereby appropriated for the biennium ending on June 30, 2015, out	136595
of any moneys in the state treasury to the credit of the	136596
Administrative Building Fund (Fund 7026) that are not otherwise	136597
appropriated.	136598

Appropriations

TOS TREASURER OF STATE	136599

C09001	Treasury Management System	$	10,000,000	136600
TOTAL Treasurer of State		$	10,000,000	136601
TOTAL Administrative Building Fund		$	10,000,000	136602

The foregoing appropriation item C09001, Treasury Management	136603
System, shall be used to pay costs incurred in the implementation	136604
of the Treasury Management System pursuant to Chapter 125. of the	136605
Revised Code, including, but not limited to, the application	136606
hardware and software and the installation and implementation	136607
thereof, for the use of the Treasurer of State.	136608

The Treasurer of State may acquire and implement a Treasury	136609
Management System pursuant to Chapter 125. of the Revised Code,	136610
including, but not limited to, the application hardware and	136611
software and the installation and implementation thereof, for the	136612
use of the Treasurer of State. The Treasury Management System is	136613
an integrated treasury technology infrastructure system that will	136614
replace the Treasurer of State's existing separate cash, custody,	136615
investment, and accounting software and administration systems for	136616
the various treasury functions performed by the state. Any	136617
purchase agreement utilized under Chapter 125. of the Revised Code	136618
to finance the Treasury Management System, including any	136619
fractionalized interests therein as defined in division (N) of	136620
section 133.01 of the Revised Code, is limited in amount to not	136621
more than $10,000,000, and shall provide at the point of purchase	136622
that the financed asset becomes the property of the state.	136623

The Treasurer of State is hereby authorized to issue and	136624
sell, in accordance with Section 2i of Article VIII, Ohio	136625
Constitution, and Chapter 154. of the Revised Code, particularly	136626
section 154.22 of the Revised Code, original obligations in an	136627
aggregate principal amount not to exceed $10,000,000, in addition	136628
to the original issuance of obligations heretofore authorized by	136629
prior acts of the General Assembly. These authorized obligations	136630
shall be issued, subject to applicable constitutional and	136631
statutory limitations, to pay costs associated with previously	136632
authorized capital facilities and the capital facilities referred	136633
to in this section of the act.	136634

Section 503.10. PERSONAL SERVICE EXPENSES

136635

Unless otherwise prohibited by law, any appropriation from	136636
which personal service expenses are paid shall bear the employer's	136637
share of public employees' retirement, workers' compensation,	136638
disabled workers' relief, and insurance programs; and the costs of	136639
centralized financial services, centralized payroll processing,	136640
and related reports and services; centralized human resources	136641
services, including affirmative action and equal employment	136642
opportunity programs; the Office of Collective Bargaining; the	136643
Employee Assistance Program; centralized information technology	136644
management services; administering the enterprise resource	136645
planning system; and administering the state employee merit system	136646
as required by section 124.07 of the Revised Code. These costs	136647
shall be determined in conformity with the appropriate sections of	136648
law and paid in accordance with procedures specified by the Office	136649
of Budget and Management. Expenditures from appropriation item	136650
070601, Public Audit Expense - Intra-State, may be exempted from	136651
the requirements of this section.	136652

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	136653
AGAINST THE STATE	136654

Except as otherwise provided in this section, an	136655
appropriation in this act or any other act may be used for the	136656
purpose of satisfying judgments, settlements, or administrative	136657
awards ordered or approved by the Court of Claims or by any other	136658
court of competent jurisdiction in connection with civil actions	136659
against the state. This authorization does not apply to	136660
appropriations to be applied to or used for payment of guarantees	136661
by or on behalf of the state, or for payments under lease	136662
agreements relating to, or debt service on, bonds, notes, or other	136663
obligations of the state. Notwithstanding any other statute to the	136664
contrary, this authorization includes appropriations from funds	136665
into which proceeds of direct obligations of the state are	136666
deposited only to the extent that the judgment, settlement, or	136667
administrative award is for, or represents, capital costs for	136668
which the appropriation may otherwise be used and is consistent	136669
with the purpose for which any related obligations were issued or	136670
entered into. Nothing contained in this section is intended to	136671
subject the state to suit in any forum in which it is not	136672
otherwise subject to suit, and is not intended to waive or	136673
compromise any defense or right available to the state in any suit	136674
against it.	136675

Section 503.30. CAPITAL PROJECT SETTLEMENTS

136676

This section specifies an additional and supplemental	136677
procedure to provide for payments of judgments and settlements if	136678
the Director of Budget and Management determines, pursuant to	136679
division (C)(4) of section 2743.19 of the Revised Code, that	136680
sufficient unencumbered moneys do not exist in the fund to support	136681
a particular appropriation to pay the amount of a final judgment	136682
rendered against the state or a state agency, including the	136683
settlement of a claim approved by a court, in an action upon and	136684
arising out of a contractual obligation for the construction or	136685
improvement of a capital facility if the costs under the contract	136686
were payable in whole or in part from a state capital projects	136687
appropriation. In such a case, the Director may either proceed	136688
pursuant to division (C)(4) of section 2743.19 of the Revised Code	136689
or apply to the Controlling Board to increase an appropriation or	136690
create an appropriation out of any unencumbered moneys in the	136691
state treasury to the credit of the capital projects fund from	136692
which the initial state appropriation was made. The amount of an	136693
increase in appropriation or new appropriation approved by the	136694
Controlling Board is hereby appropriated from the applicable	136695
capital projects fund and made available for the payment of the	136696
judgment or settlement.	136697

If the Director does not make the application authorized by	136698
this section or the Controlling Board disapproves the application,	136699
and the Director does not make application under division (C)(4)	136700
of section 2743.19 of the Revised Code, the Director shall for the	136701
purpose of making that payment make a request to the General	136702
Assembly as provided for in division (C)(5) of that section.	136703

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

136704

In order to provide funds for the reissuance of voided	136705
warrants under section 126.37 of the Revised Code, there is hereby	136706
appropriated, out of moneys in the state treasury from the fund	136707
credited as provided in section 126.37 of the Revised Code, that	136708
amount sufficient to pay such warrants when approved by the Office	136709
of Budget and Management.	136710

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	136711
BALANCES OF OPERATING APPROPRIATIONS	136712

(A) An unexpended balance of an operating appropriation or	136713
reappropriation that a state agency lawfully encumbered prior to	136714
the close of a fiscal year is hereby reappropriated on the first	136715
day of July of the following fiscal year from the fund from which	136716
it was originally appropriated or reappropriated for the following	136717
period and shall remain available only for the purpose of	136718
discharging the encumbrance:	136719

(1) For an encumbrance for personal services, maintenance,	136720
equipment, or items for resale, other than an encumbrance for an	136721
item of special order manufacture not available on term contract	136722
or in the open market or for reclamation of land or oil and gas	136723
wells, for a period of not more than five months from the end of	136724
the fiscal year;	136725

(2) For an encumbrance for an item of special order	136726
manufacture not available on term contract or in the open market,	136727
for a period of not more than five months from the end of the	136728
fiscal year or, with the written approval of the Director of	136729
Budget and Management, for a period of not more than twelve months	136730
from the end of the fiscal year;	136731

(3) For an encumbrance for reclamation of land or oil and gas	136732
wells, for a period ending when the encumbered appropriation is	136733
expended or for a period of two years, whichever is less;	136734

(4) For an encumbrance for any other expense, for such period	136735
as the Director approves, provided such period does not exceed two	136736
years.	136737

(B) Any operating appropriations for which unexpended	136738
balances are reappropriated beyond a five-month period from the	136739
end of the fiscal year by division (A)(2) of this section shall be	136740
reported to the Controlling Board by the Director of Budget and	136741
Management by the thirty-first day of December of each year. The	136742
report on each such item shall include the item, the cost of the	136743
item, and the name of the vendor. The report shall be updated on a	136744
quarterly basis for encumbrances remaining open.	136745

(C) Upon the expiration of the reappropriation period set out	136746
in division (A) of this section, a reappropriation made by this	136747
section lapses, and the Director of Budget and Management shall	136748
cancel the encumbrance of the unexpended reappropriation not later	136749
than the end of the weekend following the expiration of the	136750
reappropriation period.	136751

(D) Notwithstanding division (C) of this section, with the	136752
approval of the Director of Budget and Management, an unexpended	136753
balance of an encumbrance that was reappropriated on the first day	136754
of July by this section for a period specified in division (A)(3)	136755
or (4) of this section and that remains encumbered at the close of	136756
the fiscal biennium is hereby reappropriated on the first day of	136757
July of the following fiscal biennium from the fund from which it	136758
was originally appropriated or reappropriated for the applicable	136759
period specified in division (A)(3) or (4) of this section and	136760
shall remain available only for the purpose of discharging the	136761
encumbrance.	136762

(E) The Director of Budget and Management may correct	136763
accounting errors committed by the staff of the Office of Budget	136764
and Management, such as reestablishing encumbrances or	136765
appropriations cancelled in error, during the cancellation of	136766
operating encumbrances in November and of nonoperating	136767
encumbrances in December.	136768

(F) The Director of Budget and Management may at any time	136769
correct accounting errors committed by the staff of a state agency	136770
or state institution of higher education, as defined in section	136771
3345.011 of the Revised Code, such as reestablishing prior year	136772
nonoperating encumbrances canceled or modified in error. The	136773
reestablished encumbrance amounts are hereby appropriated.	136774

(G) If the Controlling Board approved a purchase, that	136775
approval remains in effect so long as the appropriation used to	136776
make that purchase remains encumbered.	136777

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	136778
RE-ESTABLISHMENT OF ENCUMBRANCES	136779

Any cash transferred by the Director of Budget and Management	136780
under section 126.15 of the Revised Code is hereby appropriated.	136781
Any amounts necessary to re-establish appropriations or	136782
encumbrances under section 126.15 of the Revised Code are hereby	136783
appropriated.	136784

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

136785

There are hereby appropriated out of any moneys in the state	136786
treasury to the credit of the General Revenue Fund, which are not	136787
otherwise appropriated, funds sufficient to make any payment	136788
required by division (B)(2) of section 5747.03 of the Revised	136789
Code.	136790

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	136791
APPROVED BY THE CONTROLLING BOARD	136792

Any money that the Controlling Board approves for expenditure	136793
or any increase in appropriation that the Controlling Board	136794
approves under sections 127.14, 131.35, and 131.39 of the Revised	136795
Code or any other provision of law is hereby appropriated for the	136796
period ending June 30, 2015.	136797

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	136798
RESIDENCE	136799

If the Governor's Residence Fund (Fund 4H20) receives payment	136800
for use of the residence pursuant to section 107.40 of the Revised	136801
Code, the amounts so received are hereby appropriated to	136802
appropriation item 100604, Governor's Residence Gift.	136803

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

136804

Unless the agency and nuclear electric utility mutually agree	136805
to a higher amount by contract, the maximum amounts that may be	136806
assessed against nuclear electric utilities under division (B)(2)	136807
of section 4937.05 of the Revised Code and deposited into the	136808
specified funds are as follows:	136809

Fund	User		FY 2014		FY 2015	136810
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	130,000	$	130,000	136811
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	1,049,954	$	1,086,098	136812
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	284,266	$	290,674	136813
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	136814

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	136815
INTEREST EARNED	136816

Notwithstanding any provision of law to the contrary, the	136817
Director of Budget and Management, through June 30, 2015, may	136818
transfer interest earned by any state fund to the General Revenue	136819
Fund. This section does not apply to funds whose source of revenue	136820
is restricted or protected by the Ohio Constitution, federal tax	136821
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	136822
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	136823

Section 512.20. CASH TRANSFERS TO THE GENERAL REVENUE FUND	136824
FROM NON-GRF FUNDS	136825

Notwithstanding any provision of law to the contrary, the	136826
Director of Budget and Management may transfer up to $60,000,000	136827
in each fiscal year in cash from non-General Revenue Funds that	136828
are not constitutionally restricted to the General Revenue Fund in	136829
order to ensure that available General Revenue Fund receipts and	136830
balances are sufficient to support General Revenue Fund	136831
appropriations in each fiscal year.	136832

Section 512.30. FISCAL YEAR 2013 GENERAL REVENUE FUND ENDING	136833
BALANCE	136834

Notwithstanding divisions (B) and (C) of section 131.44 of	136835
the Revised Code, the Director of Budget and Management shall	136836
determine the surplus General Revenue Fund revenue that existed on	136837
June 30, 2013, in excess of the amount required under division	136838
(A)(3) of section 131.44 of the Revised Code, and transfer from	136839
the General Revenue Fund, to the extent of the amount so	136840
determined, the following:	136841

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	136842
of up to $15,000,000;	136843

(B) To the Controlling Board Emergency Purposes Fund (Fund	136844
5KM0), a cash amount of up to $20,000,000;	136845

(C) To the Natural Resources Special Purposes Fund (Fund	136846
5MW0), which is hereby created in the state treasury, a cash	136847
amount of up to $12,000,000;	136848

(D) To the Unemployment Compensation Interest Contingency	136849
Fund (Fund 5HC0), a cash amount of up to $120,000,000 for payment	136850
to the United States Secretary of the Treasury of accrued interest	136851
costs related to federal unemployment account borrowing.	136852

Section 512.40. ACCESS SUCCESS II PROGRAM

136853

To the extent cash is available, the Director of Budget and	136854
Management may transfer cash from the Money Follows the Person	136855
Enhanced Reimbursement Fund (Fund 5AJ0), used by the Department of	136856
Medicaid, to the Sale of Goods and Services Fund (Fund 1490), used	136857
by the Department of Mental Health and Addiction Services. The	136858
transferred cash is hereby appropriated.	136859

The Department of Mental Health and Addiction Services shall	136860
use the transferred funds to administer the Access Success II	136861
Program to help non-Medicaid patients in any hospital established,	136862
controlled, or supervised by the Department under Chapter 5119. of	136863
the Revised Code to transition from inpatient status to a	136864
community setting.	136865

Section 512.50. Not later than the first day of September	136866
2013, the Director of Mental Health and the Director of Alcohol	136867
and Drug Addiction Services shall certify to the Director of	136868
Budget and Management the amount of all of the unexpended,	136869
unencumbered balances of general revenue fund appropriations made	136870
to the Department of Mental Health and to the Department of	136871
Alcohol and Drug Addiction Services for FY 2012, excluding funds	136872
appropriated for rental payments to the Ohio Public Facilities	136873
Commission. On receipt of the certification, the Director of	136874
Budget and Management shall transfer cash to the Department of	136875
Mental Health and Addiction Services Trust Fund created in section	136876
5119.46 of the Revised Code (renumbered section 5119.60 of the	136877
Revised Code in this act) in an amount up to, but not exceeding,	136878
the total amounts certified by the Director of Mental Health and	136879
the Director of Alcohol and Drug Addiction Services.	136880

Section 512.70. PROHIBITION ON TRANSFERS

136881

Notwithstanding section 131.44 of the Revised Code, cash	136882
shall not be transferred to the Income Tax Reduction Fund prior to	136883
July 1, 2015.	136884

Section 515.40. The Department of Aging shall use	136885
appropriation item 490627, Board of Executives of LTSS, to spend	136886
cash in the Board of Executives of Long-Term Services and Supports	136887
Fund (Fund 5MT0), which is hereby established in the State	136888
Treasury. On the effective date of this section, the Board of	136889
Examiners of Nursing Home Administrators is renamed the Board of	136890
Executives of Long-Term Services and Supports. The Board of	136891
Examiners of Nursing Home Administrators' functions and its assets	136892
and liabilities, are transferred to the Board of Executives of	136893
Long-Term Services and Supports. The Board of Executives of	136894
Long-Term Services and Supports is successor to, assumes the	136895
obligations and authority of, and otherwise continues the Board of	136896
Examiners of Nursing Home Administrators. No right, privilege, or	136897
remedy, and no duty, liability, or obligation, accrued under the	136898
Board of Examiners of Nursing Home Administrators is impaired or	136899
lost by reason of the renaming and shall be recognized,	136900
administered, performed, or enforced by the Board of Executives of	136901
Long-Term Services and Supports.	136902

Business commenced but not completed by the Board of	136903
Examiners of Nursing Home Administrators or by the Secretary of	136904
the Board of Examiners of Nursing Home Administrators shall be	136905
completed by the Board of Executives of Long-Term Services and	136906
Supports or the Secretary of the Board of Executives of Long-Term	136907
Services and Supports in the same manner, and with the same	136908
effect, as if completed by the Board of Examiners of Nursing Home	136909
Administrators or by the Secretary of the Board of Examiners of	136910
Nursing Home Administrators.	136911

All of the Board of Examiners of Nursing Home Administrators'	136912
rules, orders, and determinations continue in effect as rules,	136913
orders, and determinations of the Board of Executives of Long-Term	136914
Services and Supports.	136915

Subject to the layoff provisions of sections 124.321 to	136916
124.328 of the Revised Code, all employees of the Board of	136917
Examiners of Nursing Home Administrators who provide	136918
administrative, technical, or other services to the Board of	136919
Examiners of Nursing Home Administrators on a full-time, permanent	136920
basis shall continue with the Board of Executives of Long-Term	136921
Services and Supports and retain their positions and benefits	136922
accruing thereto, except that those employees in the classified	136923
service shall be reclassified into the unclassified service and	136924
shall serve at the pleasure of the Board.	136925

Notwithstanding section 4751.03 of the Revised Code, as	136926
amended by this act, those board members currently serving as	136927
members of the Board of Examiners of Nursing Home Administrators	136928
on the effective date of this act shall continue to serve as	136929
members of the Board of Executives of Long-Term Services and	136930
Supports for the remainder of their appointment period, at which	136931
time new members shall be appointed in a manner consistent with	136932
section 4751.03 of the Revised Code, as amended by this act.	136933

Within ninety days after the effective date of this act, the	136934
Governor shall appoint to the Board of Executives of Long-Term	136935
Services and Supports those new members who are required to be	136936
appointed under divisions (A)(3) and (6) of section 4751.03 of the	136937
Revised Code, as amended by this act, for terms ending on May 27,	136938
2014. Thereafter, appointment for those members shall be as	136939
provided in section 4751.03 of the Revised Code, as amended by	136940
this act.	136941

Whenever the Board of Examiners of Nursing Home	136942
Administrators is referred to in statute, contract, or other	136943
instrument, the reference is deemed to refer to the Board of	136944
Executives of Long-Term Services and Supports.	136945

No pending action or proceeding being prosecuted or defended	136946
in court or before an agency by the Board of Examiners of Nursing	136947
Home Administrators or the Secretary of the Board of Examiners of	136948
Nursing Home Administrators is affected by the renaming and shall	136949
be prosecuted or defended in the name of the Board of Executives	136950
of Long-Term Services and Supports or the Secretary of the Board	136951
of Executives of Long-Term Services and Supports. Upon application	136952
to the court or agency, the Board of Executives of Long-Term	136953
Services and Supports or the Secretary of the Board of Executives	136954
of Long-Term Services and Supports shall be substituted.	136955

Section 515.50. (A) On July 1, 2013, the eTech Ohio	136956
Commission is renamed and reconstituted as the Broadcast	136957
Educational Media Commission, as described in section 3353.02 of	136958
the Revised Code as amended by this act. The Broadcast Educational	136959
Media Commission is thereupon and thereafter successor to, assumes	136960
the obligations of, and otherwise constitutes the continuation of	136961
the eTech Ohio Commission, for all obligations related to the	136962
state's educational broadcasting services, including educational	136963
television, radio, and radio reading services.	136964

(B) Any business related to the state's educational	136965
television, radio, or radio reading services commenced but not	136966
completed by the eTech Ohio Commission shall be completed by the	136967
Broadcast Educational Media Commission in the same manner, and	136968
with the same effect, as if completed by the eTech Ohio	136969
Commission. No validation, cure, right, privilege, remedy,	136970
obligation, or liability is lost or impaired by reason of the	136971
renaming, and shall be recognized, administered, performed, or	136972
enforced by the Broadcast Educational Media Commission.	136973

(C) All of the rules of the eTech Ohio Commission related to	136974
the state's educational broadcasting services, including	136975
educational television, radio, or radio reading services, continue	136976
in effect as rules of the Broadcast Educational Media Commission,	136977
until amended or rescinded by the Broadcast Educational Media	136978
Commission.	136979

(D) No judicial or administrative action or proceeding	136980
related to the state's educational broadcasting services,	136981
including educational television, radio, or radio reading	136982
services, in which the eTech Ohio Commission is a party, that is	136983
pending on the effective date of this section is affected by the	136984
renaming. Such action or proceeding shall be prosecuted or	136985
defended in the name of the Broadcast Educational Media	136986
Commission. On application to the court or other tribunal, the	136987
Broadcast Educational Media Commission shall be substituted for	136988
the eTech Ohio Commission as a party to such action or proceeding.	136989

(E) Subject to the layoff provisions of sections 124.321 to	136990
124.328 and division (D) of section 3353.03 of the Revised Code,	136991
as amended by this act, all employees of the former eTech Ohio	136992
Commission assigned to activities related to the state's	136993
educational broadcasting services, including educational	136994
television, radio, or radio reading services, continue with the	136995
Broadcast Educational Media Commission and retain their positions	136996
and all benefits accruing thereto.	136997

(F) All books, records, documents, files, transcripts,	136998
equipment, furniture, supplies, and other materials related to the	136999
state's educational broadcasting services, including educational	137000
television, radio, or radio reading services, assigned to or in	137001
the possession of the former eTech Ohio Commission shall be	137002
transferred to the Broadcast Educational Media Commission.	137003

(G) Each current member of the eTech Ohio Commission shall	137004
serve until June 30, 2013. On July 1, 2013, or as soon after July	137005
1, 2013, as possible, each member shall either be reappointed or	137006
replaced by another member to serve on the Educational Media	137007
Commission pursuant to section 3353.02 of the Revised Code, as	137008
amended by this act.	137009

Section 515.51. (A) On July 1, 2013, all responsibilities	137010
related to the administration of the Telecommunity Fund and the	137011
Distance Learning Fund, as well as for technology-related teacher	137012
professional development programs, are transferred from the former	137013
eTech Ohio Commission to the Chancellor of the Board of Regents as	137014
described in sections 3319.235, 3317.50, and 3317.51 of the	137015
Revised Code, as amended by this act. The Chancellor is thereupon	137016
and thereafter successor to, assumes the obligations of, and	137017
otherwise constitutes the continuation of the eTech Ohio	137018
Commission relating to the functions, assets, records, and	137019
obligations relating to these responsibilities.	137020

(B) Any business related to these responsibilities commenced	137021
but not completed by the former eTech Ohio Commission shall be	137022
completed by the Chancellor in the same manner, and with the same	137023
effect, as if completed by the eTech Ohio Commission. No	137024
validation, cure, right, privilege, remedy, obligation, or	137025
liability is lost or impaired by reason of the transfer, and shall	137026
be recognized, administered, performed, or enforced by the	137027
Chancellor.	137028

(C) All of the rules of the former eTech Ohio Commission	137029
related to these responsibilities continue in effect as rules of	137030
the Chancellor, until amended or rescinded by the Chancellor.	137031

(D) Any judicial or administrative action or proceeding	137032
related to these responsibilities, in which the eTech Ohio	137033
Commission is a party, that is pending on the effective date of	137034
this section is affected by the transfer. Such action or	137035
proceeding shall be prosecuted or defended in the name of the	137036
Chancellor. On application to the court or other tribunal, the	137037
Chancellor of the Board of Regents shall be substituted for the	137038
eTech Ohio Commission as a party to such action or proceeding.	137039

(E) Subject to the layoff provisions of sections 124.321 to	137040
124.328 and division (D) of section 3353.03 of the Revised Code,	137041
as amended by this act, all employees of the former eTech Ohio	137042
Commission assigned to these responsibilities continue with the	137043
Chancellor and retain their positions and all benefits accruing	137044
thereto.	137045

(F) All books, records, documents, files, transcripts,	137046
equipment, furniture, supplies, and other materials related to	137047
these responsibilities assigned to or in the possession of the	137048
former eTech Ohio Commission shall be transferred to the	137049
Chancellor.	137050

(G) All employees of the former eTech Ohio Commission who	137051
transferred to the Chancellor of the Board of Regents upon the	137052
reconstitution of the Commission as prescribed by Section 515.50	137053
of H.B. 59 of the 130th General Assembly and who when employed by	137054
that Commission or a predecessor agency were included in a	137055
bargaining unit established under Chapter 4117. of the Revised	137056
Code, shall continue to be included in that bargaining unit, are	137057
public employees as defined in section 4117.01 of the Revised	137058
Code, and may collectively bargain with the Chancellor in	137059
accordance with that chapter. Otherwise, any employee hired by the	137060
Chancellor after the reconstitution of the Commission, either to	137061
fill vacancies or to fill new positions related to the transferred	137062
employees' duties, shall be exempt from Chapter 4117. of the	137063
Revised Code and shall not be public employees as defined in	137064
section 4117.01 of the Revised Code.	137065

Section 515.52. (A) On July 1, 2013, all responsibilities of	137066
the former eTech Ohio Commission related to the purchase of	137067
software services and supplies, the redistribution of hardware and	137068
software from closed community schools, and technology-related	137069
teacher professional development programs are transferred from the	137070
former eTech Ohio Commission to the Department of Education as	137071
described in sections 125.05, 3314.074, and 3319.235 of the	137072
Revised Code, as amended by this act. The Department is thereupon	137073
and thereafter successor to, assumes the obligations of, and	137074
otherwise constitutes the continuation of the eTech Ohio	137075
Commission relating to these responsibilities.	137076

(B) Any business related to these responsibilities commenced	137077
but not completed by the former eTech Ohio Commission shall be	137078
completed by the Department in the same manner, and with the same	137079
effect, as if completed by the eTech Ohio Commission. No	137080
validation, cure, right, privilege, remedy, obligation, or	137081
liability is lost or impaired by reason of the transfer, and shall	137082
be recognized, administered, performed, or enforced by the	137083
Department.	137084

(C) All of the rules of the eTech Ohio Commission related to	137085
these responsibilities continue in effect as rules of the	137086
Department, until amended or rescinded by the Department.	137087

(D) Any judicial or administrative action or proceeding	137088
related to these responsibilities, in which the eTech Ohio	137089
Commission is a party, that is pending on the effective date of	137090
this section is affected by the transfer. Such action or	137091
proceeding shall be prosecuted or defended in the name of the	137092
Department. On application to the court or other tribunal, the	137093
Department of Education shall be substituted for the eTech Ohio	137094
Commission as a party to such action or proceeding.	137095

(E) Subject to the layoff provisions of sections 124.321 to	137096
124.328 and division (D) of section 3353.03 of the Revised Code,	137097
as amended by this act, all employees of the former eTech Ohio	137098
Commission assigned to these responsibilities continue with the	137099
Department and retain their positions and all benefits accruing	137100
thereto.	137101

(F) All books, records, documents, files, transcripts,	137102
equipment, furniture, supplies, and other materials related to	137103
these responsibilities assigned to or in the possession of the	137104
former eTech Ohio Commission shall be transferred to the	137105
Department.	137106

(G) All employees of the former eTech Ohio Commission who	137107
transferred to the Department of Education upon the reconstitution	137108
of the Commission as prescribed by Section 515.50 of H.B. 59 of	137109
the 130th General Assembly and who when employed by that	137110
Commission or a predecessor agency were included in a bargaining	137111
unit established under Chapter 4117. of the Revised Code, shall	137112
continue to be included in that bargaining unit, are public	137113
employees as defined in section 4117.01 of the Revised Code, and	137114
may collectively bargain with the state Board of Education in	137115
accordance with that chapter. Otherwise, any employee hired by the	137116
Department after the reconstitution of the Commission, either to	137117
fill vacancies or to fill new positions related to the transferred	137118
employees' duties, shall be exempt from Chapter 4117. of the	137119
Revised Code and shall not be public employees as defined in	137120
section 4117.01 of the Revised Code.	137121

Section 515.53. Any duties and responsibilities of the	137122
former eTech Ohio Commission not transferred in accordance with	137123
Sections 515.50, 515.51, and 515.52 of this act are eliminated on	137124
July 1, 2013.	137125

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

137126

Certain appropriations are in this act for the purpose of	137127
paying debt service and financing costs on general obligation	137128
bonds or notes of the state issued pursuant to the Ohio	137129
Constitution and acts of the General Assembly. If it is determined	137130
that additional appropriations are necessary for this purpose,	137131
such amounts are hereby appropriated.	137132

Section 518.20. LEASE RENTAL PAYMENTS FOR DEBT SERVICE

137133

Certain appropriations are in this act for the purpose of	137134
making lease rental payments pursuant to leases and agreements	137135
relating to bonds or notes issued by the Treasurer of State, or	137136
previously by the Ohio Public Facilities Commission or the Ohio	137137
Building Authority, pursuant to the Ohio Constitution and acts of	137138
the General Assembly. If it is determined that additional	137139
appropriations are necessary for this purpose, such amounts are	137140
hereby appropriated.	137141

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	137142
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	137143

The Office of Budget and Management shall process payments	137144
from general obligation and lease rental payment appropriation	137145
items during the period from July 1, 2013, through June 30, 2015,	137146
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	137147
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	137148
Chapters 151., 152., and 154. of the Revised Code. Payments shall	137149
be made upon certification by the Treasurer of State of the dates	137150
and the amounts due on those dates.	137151

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

137152

Whenever the Director of Budget and Management determines	137153
that an appropriation made to a state agency from a fund of the	137154
state is insufficient to provide for the recovery of statewide	137155
indirect costs under section 126.12 of the Revised Code, the	137156
amount required for such purpose is hereby appropriated from the	137157
available receipts of such fund.	137158

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	137159
INDIRECT COST ALLOCATION PLAN	137160

The total transfers made from the General Revenue Fund by the	137161
Director of Budget and Management under this section shall not	137162
exceed the amounts transferred into the General Revenue Fund under	137163
section 126.12 of the Revised Code.	137164

The director of an agency may certify to the Director of	137165
Budget and Management the amount of expenses not allowed to be	137166
included in the Statewide Indirect Cost Allocation Plan under	137167
federal regulations, from any fund included in the Statewide	137168
Indirect Cost Allocation Plan, prepared as required by section	137169
126.12 of the Revised Code.	137170

Upon determining that no alternative source of funding is	137171
available to pay for such expenses, the Director of Budget and	137172
Management may transfer cash from the General Revenue Fund into	137173
the fund for which the certification is made, up to the amount of	137174
the certification. The director of the agency receiving such funds	137175
shall include, as part of the next budget submission prepared	137176
under section 126.02 of the Revised Code, a request for funding	137177
for such activities from an alternative source such that further	137178
federal disallowances would not be required.	137179

The director of an agency may certify to the Director of	137180
Budget and Management the amount of expenses paid in error from a	137181
fund included in the Statewide Indirect Cost Allocation Plan. The	137182
Director of Budget and Management may transfer cash from the fund	137183
from which the expenditure should have been made into the fund	137184
from which the expenses were erroneously paid, up to the amount of	137185
the certification.	137186

The director of an agency may certify to the Director of	137187
Budget and Management the amount of expenses or revenues not	137188
allowed to be included in the Statewide Indirect Cost Allocation	137189
Plan under federal regulations, for any fund included in the	137190
Statewide Indirect Cost Allocation Plan, for which the federal	137191
government requires payment. If the Director of Budget and	137192
Management determines that an appropriation made to a state agency	137193
from a fund of the state is insufficient to pay the amount	137194
required by the federal government, the amount required for such	137195
purpose is hereby appropriated from the available receipts of such	137196
fund, up to the amount of the certification.	137197

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

137198

Notwithstanding any provision of law to the contrary, on or	137199
before the first day of September of each fiscal year, the	137200
Director of Budget and Management, in order to reduce the payment	137201
of adjustments to the federal government, as determined by the	137202
plan prepared under division (A) of section 126.12 of the Revised	137203
Code, may designate such funds as the Director considers necessary	137204
to retain their own interest earnings.	137205

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

137206

Pursuant to the plan for compliance with the Federal Cash	137207
Management Improvement Act required by section 131.36 of the	137208
Revised Code, the Director of Budget and Management may cancel and	137209
re-establish all or part of encumbrances in like amounts within	137210
the funds identified by the plan. The amounts necessary to	137211
re-establish all or part of encumbrances are hereby appropriated.	137212

Section 521.60. FISCAL STABILIZATION AND RECOVERY

137213

To ensure the level of accountability and transparency	137214
required by federal law, the Director of Budget and Management may	137215
issue guidelines to any agency applying for federal money made	137216
available to this state for fiscal stabilization and recovery	137217
purposes, and may prescribe the process by which agencies are to	137218
comply with any reporting requirements established by the federal	137219
government.	137220

Section 605.10. That Section 205.10 of Am. Sub. H.B. 51 of	137221
the 130th General Assembly be amended to read as follows:	137222

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

137223

State Highway Safety Fund Group	137224

4W40	762321	Operating Expense - BMV	$	130,559,268	$	130,418,957	137225
5V10	762682	License Plate Contribution	$	2,100,000	$	2,100,000	137226
7036	761321	Operating Expense - Information and Education	$	7,055,066	$	6,999,331	137227
7036	761401	Lease Rental Payments	$	2,472,300	$	2,473,100	137228
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	137229
7036	764321	Operating Expense - Highway Patrol	$	268,232,602	$	270,232,602	137230
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	137231
8300	761603	Salvage and Exchange - Administration	$	20,053	$	20,053	137232
8310	761610	Information and Education - Federal	$	300,000	$	300,000	137233
8310	764608	FARS Grant Federal	$	175,000	$	175,000	137234
8310	764610	Patrol - Federal	$	2,250,000	$	2,250,000	137235
8310	764659	Transportation Enforcement - Federal	$	5,200,000	$	5,200,000	137236
8310	765610	EMS - Federal	$	225,000	$	225,000	137237
8310	769610	Investigative Unit Federal Reimbursement	$	1,400,000	$	1,400,000	137238
8310	769631	Homeland Security - Federal	$	750,000	$	400,000	137239
8320	761612	Traffic Safety - Federal	$	22,000,000	$	22,000,000	137240
8350	762616	Financial Responsibility Compliance	$	5,274,068	$	5,274,068	137241
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	137242
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	137243
83F0	764657	Law Enforcement Automated Data System	$	8,500,000	$	8,500,000	137244
83G0	764633	OMVI Enforcement/Education	$	641,927	$	641,927	137245
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	137246
83M0	765624	Operating - EMS	$	3,056,069	$	3,056,069	137247
83M0	765640	EMS - Grants	$	3,300,000	$	3,300,000	137248
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	137249
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	137250
8400	764607	State Fair Security	$	1,294,354	$	1,294,354	137251
8400	764617	Security and Investigations	$	8,793,865	$	9,514,236	137252
8400	764626	State Fairgrounds Police Force	$	1,047,560	$	1,084,559	137253
8400	769632	Homeland Security - Operating	$	650,000	$	630,000	137254
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	137255
8460	761625	Motorcycle Safety Education	$	3,280,563	$	3,280,563	137256
8490	762627	Automated Title Processing Board	$	16,675,513	$	16,467,293	137257
TOTAL HSF State Highway Safety Fund Group			$	515,450,460	$	517,434,364	137258

General Services Fund Group	137259

4P60	768601	Justice Program Services	$	900,000	$	875,000	137260
5ET0	768625	Drug Law Enforcement	$	4,250,000	$	4,250,000	137261
5LM0	768698	Criminal Justice Services Law Enforcement Support	$	850,946	$	850,946	137262
TOTAL GSF General Services Fund Group			$	6,290,946	$	6,265,946	137263

Federal Special Revenue Fund Group	137264

3290	763645	Federal Mitigation Program	$	10,413,642	$	10,413,642	137265
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	137266
3390	763647	Emergency Management Assistance and Training	$	70,934,765	$	70,934,765	137267
3CE0	768611	Justice Assistance Grants – FFY09	$	400,000	$	100,000	137268
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,000,000	$	300,000	137269
3DU0	762628	BMV Grants	$	1,350,000	$	1,325,000	137270
3EU0	768614	Justice Assistance Grants – FFY10	$	830,000	$	500,000	137271
3FK0	768615	Justice Assistance Grants – FFY11	$	900,000	$	900,000	137272
3FP0	767620	Ohio Investigative Unit Justice Contraband	$	55,000	$	55,000	137273
3FY0	768616	Justice Assistance Grants – FFY12	$	2,200,000	$	1,500,000	137274
3FZ0	768617	Justice Assistance Grants – FFY13	$	7,000,000	$	2,000,000	137275
3GA0	768618	Justice Assistance Grants – FFY14	$	0	$	7,500,000	137276
3L50	768604	Justice Program	$	10,500,000	$	10,500,000	137277
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	137278
TOTAL FED Federal Special Revenue Fund Group			$	133,322,715	$	133,767,715	137279

State Special Revenue Fund Group	137280

4V30	763662	Storms/NOAA Maintenance	$	4,950,000	$	4,950,000	137281
5390	762614	Motor Vehicle Dealers Board	$	150,000	$	140,000	137282
5B90	766632	Private Investigator and Security Guard Provider	$	1,400,000	$	1,400,000	137283
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	137284
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	137285
5CM0	767691	Equitable Share Account	$	300,000	$	300,000	137286
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	137287
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	137288
5FL0	769634	Investigations	$	899,300	$	899,300	137289
5ML0	769635	Infrastructure Protection	$	400,000	$	400,000	137290
~~5BP0~~ 5NF0	764609	DPS Wireless 911 Administration	$	290,000	$	290,000	137291
6220	767615	Investigative Contraband and Forfeiture	$	325,000	$	325,000	137292
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	137293
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	137294
8500	767628	Investigative Unit Salvage	$	92,700	$	92,700	137295
TOTAL SSR State Special Revenue Fund Group			$	15,049,767	$	15,039,767	137296

Agency Fund Group	137297

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		137298
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		137299

Holding Account Redistribution Fund Group	137300

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	137301
R052	762623	Security Deposits	$	350,000	$	350,000	137302
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	137303
TOTAL ALL BUDGET FUND GROUPS			$	673,558,888	$	675,952,792	137304

MOTOR VEHICLE REGISTRATION

137305

The Registrar of Motor Vehicles may deposit revenues to meet	137306
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	137307
4W40) established in section 4501.25 of the Revised Code, obtained	137308
under sections 4503.02 and 4504.02 of the Revised Code, less all	137309
other available cash. Revenue deposited pursuant to this paragraph	137310
shall support, in part, appropriations for operating expenses and	137311
defray the cost of manufacturing and distributing license plates	137312
and license plate stickers and enforcing the law relative to the	137313
operation and registration of motor vehicles. Notwithstanding	137314
section 4501.03 of the Revised Code, the revenues shall be paid	137315
into Fund 4W40 before any revenues obtained pursuant to sections	137316
4503.02 and 4504.02 of the Revised Code are paid into any other	137317
fund. The deposit of revenues to meet the aforementioned cash	137318
needs shall be in approximately equal amounts on a monthly basis	137319
or as otherwise determined by the Director of Budget and	137320
Management pursuant to a plan submitted by the Registrar of Motor	137321
Vehicles.	137322

OPERATING EXPENSE – BMV

137323

Of the foregoing appropriation item 762321, Operating Expense	137324
– BMV, up to $50,000 in fiscal year 2014 shall be used to pay for	137325
costs associated with improvements to the program to accept	137326
applications for registration transactions of apportionable	137327
vehicles electronically over the internet.	137328

OPERATING EXPENSE - INFORMATION AND EDUCATION

137329

Of the foregoing appropriation item 761321, Operating Expense	137330
– Information and Education, up to $250,000 in each fiscal year	137331
may be used to fund state employees to staff travel information	137332
centers on the border of the state.	137333

The Department of Public Safety shall conduct a study for	137334
partnering with local travel and tourism centers, as well as a	137335
study for the creation of the Ohio Ambassadors Volunteer Program	137336
at rest stops.	137337

LEASE RENTAL PAYMENTS

137338

The foregoing appropriation item 761401, Lease Rental	137339
Payments, shall be used for payments to the Treasurer of State for	137340
the period July 1, 2013, through June 30, 2015, under the primary	137341
leases and agreements for public safety related buildings. The	137342
appropriations are the source of funds pledged for bond service	137343
charges on obligations pursuant to Chapters 152. and 154. of the	137344
Revised Code.	137345

CASH TRANSFERS BETWEEN FUNDS

137346

Notwithstanding any provision of law to the contrary, the	137347
Director of Budget and Management, upon the written request of the	137348
Director of Public Safety, may transfer cash between the following	137349
six funds: the Trauma and Emergency Medical Services Fund (Fund	137350
83M0), the Homeland Security Fund (Fund 5DS0), the Investigations	137351
Fund (Fund 5FL0), the Emergency Management Agency Service and	137352
Reimbursement Fund (Fund 4V30), the Justice Program Services Fund	137353
(Fund 4P60), and the State Bureau of Motor Vehicles Fund (Fund	137354
4W40).	137355

CASH TRANSFER FROM TEEN DRIVER EDUCATION FUND TO LICENSE	137356
PLATE CONTRIBUTION FUND	137357

On July 1, 2013, or as soon as possible thereafter, the	137358
Director of Budget and Management may transfer the cash balance in	137359
the Teen Driver Education Fund (Fund 5JS0) to the License Plate	137360
Contribution Fund (Fund 5V10). Upon completion of the transfer,	137361
Fund 5JS0 is hereby abolished.	137362

CASH TRANSFER FROM HILLTOP UTILITY REIMBURSEMENT FUND TO	137363
STATE HIGHWAY SAFETY FUND	137364

Not later than January 1, 2014, the Director of Budget and	137365
Management may transfer the cash balance in the Hilltop Utility	137366
Reimbursement Fund (Fund 4S30) to the State Highway Safety Fund	137367
(Fund 7036). Upon completion of the transfer, Fund 4S30 is hereby	137368
abolished. The Director shall cancel any existing encumbrances	137369
against appropriation item 766661, Hilltop Utility Reimbursement,	137370
and reestablish them against appropriation item 761321, Operating	137371
Expense – Information and Education. The reestablished encumbrance	137372
amounts are hereby appropriated.	137373

CASH TRANSFER FROM REGISTRAR RENTAL FUND TO STATE HIGHWAY	137374
SAFETY FUND	137375

On July 1, 2013, or as soon as possible thereafter, the	137376
Director of Budget and Management shall transfer the cash balance	137377
in the Registrar Rental Fund (Fund 8380) to the State Bureau of	137378
Motor Vehicles Fund (Fund 4W40). Upon completion of the transfer,	137379
Fund 8380 is abolished.	137380

STATE DISASTER RELIEF

137381

The State Disaster Relief Fund (Fund 5330) may accept	137382
transfers of cash and appropriations from Controlling Board	137383
appropriation items for Ohio Emergency Management Agency disaster	137384
response costs and disaster program management costs, and may also	137385
be used for the following purposes:	137386

(A) To accept transfers of cash and appropriations from	137387
Controlling Board appropriation items for Ohio Emergency	137388
Management Agency public assistance and mitigation program match	137389
costs to reimburse eligible local governments and private	137390
nonprofit organizations for costs related to disasters;	137391

(B) To accept and transfer cash to reimburse the costs	137392
associated with Emergency Management Assistance Compact (EMAC)	137393
deployments;	137394

(C) To accept disaster related reimbursement from federal,	137395
state, and local governments. The Director of Budget and	137396
Management may transfer cash from reimbursements received by this	137397
fund to other funds of the state from which transfers were	137398
originally approved by the Controlling Board.	137399

(D) To accept transfers of cash and appropriations from	137400
Controlling Board appropriation items to fund the State Disaster	137401
Relief Program, for disasters that qualify for the program by	137402
written authorization of the Governor, and the State Individual	137403
Assistance Program for disasters that have been declared by the	137404
federal Small Business Administration and that qualify for the	137405
program by written authorization of the Governor. The Ohio	137406
Emergency Management Agency shall publish and make available	137407
application packets outlining procedures for the State Disaster	137408
Relief Program and the State Individual Assistance Program.	137409

JUSTICE ASSISTANCE GRANT FUND

137410

The federal payments made to the state for the Byrne Justice	137411
Assistance Grants Program under Title II of Division A of the	137412
American Recovery and Reinvestment Act of 2009 shall be deposited	137413
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	137414
which is hereby created in the state treasury. All investment	137415
earnings of the fund shall be credited to the fund.	137416

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	137417
AGENCY SERVICE AND REIMBURSEMENT FUND	137418

On July 1 of each fiscal year, or as soon as possible	137419
thereafter, the Director of Budget and Management shall transfer	137420
$200,000 cash from the State Fire Marshal Fund (Fund 5460) to the	137421
Emergency Management Agency Service and Reimbursement Fund (Fund	137422
4V30) to be distributed to the Ohio Task Force One – Urban Search	137423
and Rescue Unit, other similar urban search and rescue units	137424
around the state, and for the maintenance of the statewide fire	137425
emergency response plan by an entity recognized by the Ohio	137426
Emergency Management Agency.	137427

FAMILY VIOLENCE PREVENTION FUND

137428

Notwithstanding any provision of law to the contrary, in each	137429
of fiscal years 2014 and 2015, the first $750,000 received to the	137430
credit of the Family Violence Prevention Fund (Fund 5BK0) is	137431
appropriated to appropriation item 768689, Family Violence Shelter	137432
Programs, and the next $400,000 received to the credit of Fund	137433
5BK0 in each of those fiscal years is appropriated to	137434
appropriation item 768687, Criminal Justice Services - Operating.	137435
Any moneys received to the credit of Fund 5BK0 in excess of the	137436
aforementioned appropriated amounts in each fiscal year shall,	137437
upon the approval of the Controlling Board, be used to provide	137438
grants to family violence shelters in Ohio.	137439

SARA TITLE III HAZMAT PLANNING

137440

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	137441
entitled to receive grant funds from the Emergency Response	137442
Commission to implement the Emergency Management Agency's	137443
responsibilities under Chapter 3750. of the Revised Code.	137444

COLLECTIVE BARGAINING INCREASES

137445

Notwithstanding division (D) of section 127.14 and division	137446
(B) of section 131.35 of the Revised Code, except for the General	137447
Revenue Fund, the Controlling Board may, upon the request of	137448
either the Director of Budget and Management, or the Department of	137449
Public Safety with the approval of the Director of Budget and	137450
Management, authorize expenditures in excess of appropriations and	137451
transfer appropriations, as necessary, for any fund used by the	137452
Department of Public Safety, to assist in paying the costs of	137453
increases in employee compensation that have occurred pursuant to	137454
collective bargaining agreements under Chapter 4117. of the	137455
Revised Code and, for exempt employees, under section 124.152 of	137456
the Revised Code. Any money approved for expenditure under this	137457
paragraph is hereby appropriated.	137458

CASH BALANCE FUND REVIEW

137459

Not later than the first day of April in each fiscal year of	137460
the biennium, the Director of Budget and Management shall review	137461
the cash balances for each fund, except the State Highway Safety	137462
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	137463
4W40), in the State Highway Safety Fund Group, and shall recommend	137464
to the Controlling Board an amount to be transferred to the credit	137465
of Fund 7036 or Fund 4W40, as appropriate.	137466

AUTO REGISTRATION DISTRIBUTION FUND

137467

Notwithstanding the amendment by this act to section 4501.03	137468
of the Revised Code and the enactment by this act of section	137469
4501.031 of the Revised Code, any license tax assessed under	137470
Chapters 4503. or 4504. of the Revised Code, and derived from	137471
registrations processed on business days prior to July 1, 2013,	137472
shall be deposited to the state treasury to the credit of the Auto	137473
Registration Distribution Fund (Fund 7051) created by section	137474
4501.03 of the Revised Code, even if such deposit does not occur	137475
until on or after July 1, 2013. All license tax assessed on	137476
registrations under Chapters 4503. or 4504. of the Revised Code	137477
prior to July 1, 2013, shall be deposited, and distributed, in	137478
accordance with sections 4501.03, 4501.04, 4501.041, 4501.042, and	137479
4501.043 of the Revised Code as they existed prior to the	137480
amendments to those sections by this act.	137481

Section 605.11. That existing Section 205.10 of Am. Sub. H.B.	137482
51 of the 130th General Assembly is hereby repealed.	137483

Section 610.10. That Sections 201.80 and 509.40 of Sub. H.B.	137484
482 of the 129th General Assembly be amended to read as follows:	137485

Sec. 201.80. All items set forth in this section are hereby	137486
appropriated out of any moneys in the state treasury to the credit	137487
of the School Building Program Assistance Fund (Fund 7032), that	137488
are not otherwise appropriated.	137489

Appropriations

SFC SCHOOL FACILITIES COMMISSION	137490

C23002	School Building Program Assistance	$	~~425,000,000~~ 413,000,000	137491
C23020	School Security Grant Program	$	12,000,000	137492
Total School Facilities Commission		$	425,000,000	137493
TOTAL School Building Program Assistance Fund		$	425,000,000	137494

SCHOOL BUILDING PROGRAM ASSISTANCE

137495

The foregoing appropriation item C23002, School Building	137496
Program Assistance, shall be used by the School Facilities	137497
Commission to provide funding to school districts that receive	137498
conditional approval from the Commission pursuant to Chapter 3318.	137499
of the Revised Code.	137500

SCHOOL SECURITY GRANT PROGRAM

137501

The foregoing appropriation item C23020, School Security	137502
Grant Program, shall be used by the School Facilities Commission	137503
to provide funding to all public schools for school security	137504
expenditures including the purchase and installation of one	137505
Multi-Agency Radio Communications System unit per school building	137506
and a security door system, consisting of a security camera, an	137507
intercom, and remote access, at one entrance per school building.	137508
A school may apply to the School Facilities Commission for	137509
reimbursement up to $2,000 for one Multi-Agency Radio	137510
Communications System Unit per school building and up to $5,000	137511
for costs incurred with the purchase of a security door system	137512
installed on or after January 1, 2013.	137513

Sec. 509.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	137514
PROJECTS	137515

Notwithstanding ~~sections 123.01 and 123.15~~section 123.21 of	137516
the Revised Code, the Executive Director of ~~Administrative~~	137517
~~Services~~the Ohio Facilities Construction Commission may authorize	137518
the Departments of Mental Health, Developmental Disabilities,	137519
Agriculture, Job and Family Services, Rehabilitation and	137520
Correction, Youth Services, Public Safety, Transportation, ~~and~~	137521
Veterans Services, and the Bureau of Workers' Compensation to	137522
administer any capital facilities projects, the estimated cost of	137523
which, including design fees, construction, equipment, and	137524
contingency amounts, is less than $1,500,000. Requests for	137525
authorization to administer capital facilities projects shall be	137526
made ~~in writing to the Director of Administrative Services~~through	137527
the OAKS-CI application by the applicable state agency ~~within~~	137528
~~sixty days after the effective date of the section of law in which~~	137529
~~the General Assembly initially makes an appropriation for the~~	137530
~~project~~. Upon the release of funds for the projects by the	137531
Controlling Board or the Director of Budget and Management, the	137532
agency may administer the capital project or projects for which	137533
agency administration has been authorized without the supervision,	137534
control, or approval of the Executive Director of ~~Administrative~~	137535
~~Services~~the Ohio Facilities Construction Commission.	137536

A state agency authorized by the Executive Director of	137537
~~Administrative Services~~the Ohio Facilities Construction	137538
Commission to administer capital facilities projects pursuant to	137539
this section shall comply with the applicable procedures and	137540
guidelines established in Chapter 153. of the Revised Code and	137541
shall track all project information in OAKS-CI pursuant to Ohio	137542
Facilities Construction Commission guidelines.	137543

Section 610.11. That existing Sections 201.80 and 509.40 of	137544
Sub. H.B. 482 of the 129th General Assembly are hereby repealed.	137545

Section 610.20. That Section 4 of Sub. S.B. 171 of the 129th	137546
General Assembly, as amended by Am. Sub. H.B. 487 of the 129th	137547
General Assembly, be amended to read as follows:	137548

Sec. 4. The following agencies are retained under division	137549
(D) of section 101.83 of the Revised Code and expire on December	137550
31, 2016:	137551

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	137552
Academic Distress Commission	3302.10	137553
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	137554
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	137555
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	137556
~~Advisory Council of Directors for Prison Labor~~ Office of Enterprise Development Advisory Board	5145.162	137557
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	137558
Advisory Committee on Livestock Exhibitions	901.71	137559
Agricultural Commodity Marketing Programs Operating Committees	924.07	137560
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	137561
Alternative Energy Advisory Committee	4928.64(D)	137562
AMBER Alert Advisory Committee	5502.521	137563
Apprenticeship Council	Chapter 4139.	137564
Armory Board of Control	5911.09, 5911.12	137565
Automated Title Processing Board	4505.09(C)(1)	137566
Backflow Advisory Board	3703.21	137567
Banking Commission	1123.01	137568
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	137569
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	137570
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	137571
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	137572
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	137573
Board of Governors of the Medical Liability Underwriting Association	3929.64	137574
Board of Voting Machines Examiners	3506.05	137575
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	137576
Brain Injury Advisory Committee	3304.231	137577
Bureau of Workers' Compensation Board of Directors	4121.12	137578
Capitol Square Review and Advisory Board	105.41	137579
Child Care Advisory Council	5104.08	137580
Child Support Guideline Advisory Council	3119.024	137581
Children's Trust Fund Board	3109.15 - 3109.17	137582
Citizen's Advisory Council	5123.092, 5123.093	137583
Clean Ohio Trail Advisory Board	1519.06	137584
Coastal Resources Advisory Council	1506.12	137585
Commission on African-American Males	4112.12, 4112.13	137586
Commission on Hispanic-Latino Affairs	121.31	137587
Commission on Minority Health	3701.78	137588
Committee on Prescriptive Governance	4723.49 - 4723.492	137589
Commodity Advisory Commission	926.32	137590
Consumer Advisory Committee to the Rehabilitation Services Commission	3304.24	137591
Continuing Education Committee	109.80(B)	137592
Council on Alcohol and Drug Addiction Services	3793.09	137593
Council on Unreclaimed Strip Mined Lands	1513.29	137594
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	137595
Credential Review Board	3319.65	137596
Credit Union Council	1733.329	137597
Criminal Sentencing Advisory Committee	181.22	137598
Data Collection and Analysis Group	3727.32	137599
Dentist Loan Repayment Advisory Board	3702.92	137600
Department Advisory Council(s)	107.18, 121.13	137601
Development Financing Advisory Council	122.40, 122.41	137602
Early Childhood Advisory Council	3301.90	137603
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	137604
Education Management Information System Advisory Board	3301.0713	137605
Educator Standards Board	3319.60	137606
Electrical Safety Inspector Advisory Committee	3783.08	137607
Emergency Response Commission	3750.02	137608
Engineering Experiment Station Advisory Committee	3335.27	137609
Environmental Education Council	3745.21	137610
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	137611
~~eTech Ohio~~ Broadcast Educational Media Commission	3353.02 - 3353.04	137612
Ex-Offender Reentry Coalition	5120.07	137613
Farmland Preservation Advisory Board	901.23	137614
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	137615
Financial Planning and Supervision Commission for a school district	3316.05	137616
Forestry Advisory Council	1503.40	137617
Governance Authority for a State University or College	3345.75	137618
Governor's Council on People with Disabilities	3303.41	137619
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	137620
Governor's Residence Advisory Commission	107.40	137621
Grain Marketing Program Operating Committee	924.20 - 924.30	137622
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	137623
Gubernatorial Transition Committee	107.29, 126.26	137624
Help Me Grow Advisory Council	3701.611	137625
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	137626
Homeland Security Advisory Council	5502.011(E)	137627
Hospital Measures Advisory Council	3727.31	137628
Housing Trust Fund Advisory Committee	174.06	137629
Industrial Commission Nominating Council	4121.04	137630
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	137631
Infant Hearing Screening Subcommittee	3701.507	137632
Infection Control Group	3727.312(D)	137633
Insurance Agent Education Advisory Council	3905.483	137634
Interstate Rail Passenger Advisory Council	4981.35	137635
Joint Select Committee on Volume Cap	133.021	137636
Labor-Management Government Advisory Council	4121.70	137637
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	137638
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	137639
Maternity and Newborn Advisory Council	3711.20, 3711.21	137640
Medically Handicapped Children's Medical Advisory Council	3701.025	137641
Midwest Interstate Passenger Rail Compact Commission	4981.361	137642
Milk Sanitation Board	917.03 - 917.032	137643
Mine Subsidence Insurance Governing Board	3929.51	137644
Minority Development Financing Advisory Board	122.72, 122.73	137645
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	137646
National Museum of Afro-American History and Culture Planning Committee	149.303	137647
New African Immigrants Commission	4112.31, 4112.32	137648
Ohio Accountability Task Force	3302.021(E)	137649
Ohio Advisory Council for the Aging	173.03	137650
Ohio Agriculture License Plate Scholarship Fund Board	901.90	137651
Ohio Arts Council	Chapter 3379.	137652
Ohio Business Gateway Steering Committee	5703.57	137653
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	137654
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	137655
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	137656
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	137657
Ohio Commission on Fatherhood	5101.34	137658
Ohio Community Service Council	121.40 - 121.404	137659
Ohio Council for Interstate Adult Offender Supervision	5149.22	137660
Ohio Cultural Facilities Commission	Chapter 3383.	137661
Ohio Cystic Fibrosis Legislative Task Force	101.38	137662
Ohio Developmental Disabilities Council	5123.35	137663
Ohio Expositions Commission	991.02	137664
Ohio Family and Children First Cabinet Council	121.37	137665
Ohio Geographically Referenced Information Program Council	125.901, 125.902	137666
Ohio Geology Advisory Council	1501.11	137667
Ohio Grape Industries Committee	924.51 - 924.55	137668
Ohio Historic Site Preservation Advisory Board	149.301	137669
Ohio Historical Society Board of Trustees	149.30	137670
Ohio Judicial Conference	105.91 - 105.97	137671
Ohio Lake Erie Commission	1506.21	137672
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	137673
Ohio Medical Quality Foundation	3701.89	137674
Ohio Parks and Recreation Council	1541.40	137675
Ohio Peace Officer Training Commission	109.71, 109.72	137676
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	137677
Ohio Public Defender Commission	120.01 - 120.03	137678
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	137679
Ohio Quarter Horse Development Commission	3769.086	137680
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	137681
Ohio Soil and Water Conservation Commission	1515.02	137682
Ohio Standardbred Development Commission	3769.085	137683
Ohio Subrogation Rights Commission	2323.44	137684
Ohio Thoroughbred Racing Advisory Committee	3769.084	137685
Ohio Transportation Finance Commission	5531.12(B) to (D)	137686
Ohio Tuition Trust Authority	3334.03, 3334.08	137687
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	137688
Ohio Vendors Representative Committee	3304.34, 20 USC 107	137689
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	137690
Ohio Water Advisory Council	1521.031	137691
Ohio Water Resources Council Advisory Group	1521.19	137692
Ohio Water Resources Council	1521.19	137693
Oil and Gas Commission	1509.35	137694
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	137695
Organized Crime Investigations Commission	177.01	137696
Pharmacy and Therapeutics Committee of the Department of ~~Job and Family Services~~ Medicaid	~~5111.084~~ 5164.7510	137697
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	137698
Physician Loan Repayment Advisory Board	3702.81	137699
Power Siting Board	4906.02	137700
Prequalification Review Board	5525.07	137701
Private Water Systems Advisory Council	3701.346	137702
Public Utilities Commission Nominating Council	4901.021	137703
Public Utility Property Tax Study Committee	5727.85(K)	137704
Radiation Advisory Council	3748.20	137705
Reclamation Commission	1513.05	137706
Reclamation Forfeiture Fund Advisory Board	1513.182	137707
Recreation and Resources Commission	1501.04	137708
Recycling and Litter Prevention Advisory Council	1502.04	137709
School and Ministerial Lands Divestiture Committee	501.041	137710
Savings and Loan Associations and Savings Banks Board	1181.16	137711
Second Chance Trust Fund Advisory Committee	2108.35	137712
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	137713
Ski Tramway Board	4169.02	137714
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	137715
Solid Waste Management Advisory Council	3734.51	137716
Special Commission to Consider the Suspension of Local Government Officials	3.16	137717
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	137718
State Agency Coordinating Group	1521.19	137719
State Audit Committee	126.46	137720
State Council of Uniform State Laws	105.21 - 105.27	137721
State Criminal Sentencing Commission	181.22 - 181.26	137722
State Fire Council	3737.81	137723
State Library Board	3375.01	137724
State Victims Assistance Advisory Council	109.91(B) and (C)	137725
Statewide Consortium of County Law Library Resource Boards	3375.481	137726
STEM Committee	3326.02	137727
Student Tuition Recovery Authority	3332.081	137728
Sunset Review Committee	101.84 - 101.87	137729
Tax Credit Authority	122.17(M)	137730
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	137731
Technical Advisory Council on Oil and Gas	1509.38	137732
Transportation Review Advisory Council	5512.07 - 5512.09	137733
Unemployment Compensation Advisory Council	4141.08	137734
Unemployment Compensation Review Commission	4141.06	137735
Veterans Advisory Committee	5902.02(K)	137736
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	137737
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	137738
Water and Sewer Commission	1525.11(C)	137739
Waterways Safety Council	1547.73	137740
Wildlife Council	1531.03 - 1531.05	137741
Workers' Compensation Board of Directors Nominating Committee	4121.123	137742

Section 610.21. That existing Section 4 of Sub. S.B. 171 of	137743
the 129th General Assembly, as amended by Am. Sub. H.B. 487 of the	137744
129th General Assembly, is hereby repealed.	137745

Section 620.10. That Section 105.05 of Am. Sub. H.B. 2 of the	137746
128th General Assembly be amended to read as follows:	137747

Sec. 105.05. Section 121.53 of the Revised Code is hereby	137748
repealed, effective ~~September~~June 30, ~~2013~~2014.	137749

Section 620.11. That existing Section 105.05 of Am. Sub. H.B.	137750
2 of the 128th General Assembly is hereby repealed.	137751

Section 630.10. All items set forth in this section are	137752
hereby appropriated out of any moneys in the state treasury to the	137753
credit of the Administrative Building Fund (Fund 7026) that are	137754
not otherwise appropriated for the biennium ending June 30, 2014:	137755

Appropriations

DEV DEVELOPMENT SERVICES AGENCY	137756

C19506	Children's Home				$	100,000		137757
Total Development Services Agency					$	100,000		137758

CHILDREN'S HOME

137759

The foregoing appropriation item C19506, Children's Home,	137760
shall be used for the Children's Home of Cincinnati.	137761

Section 630.11. That Sections 203.90.10 and 203.90.20 of Sub.	137762
S.B. 312 of the 129th General Assembly be amended to read as	137763
follows:	137764

Reappropriations

Sec. 203.90.10. DMH DEPARTMENT OF MENTAL HEALTH

137765

C58000	Hazardous Materials Abatement	$	118,750	137766
C58001	Community Assistance Projects	$	~~332,500~~ 232,500	137767
C58002	Campus Consolidation - Automation	$	95,000	137768
C58004	Demolition	$	142,500	137769
C58005	Life Safety/Critical Plant Renovations	$	23,750	137770
C58006	Patient Care/Environment Improvement	$	285,000	137771
C58007	Infrastructure Renovations	$	475,000	137772
C58008	Emergency Improvements	$	285,000	137773
C58009	Patient Environment Improvement Consolidation	$	1,000	137774
C58010	Campus Consolidation	$	23,750,000	137775
C58020	Mandel Jewish Community Center	$	199,500	137776
Total Department of Mental Health		$	~~25,708,000~~ 25,608,000	137777

COMMUNITY ASSISTANCE PROJECTS

137778

Of the foregoing appropriation item C58001, Community	137779
Assistance Projects, ~~$100,000 shall be used for the Children's~~	137780
~~Home of Cincinnati,~~ $100,000 shall be used for the Shaw JCC, and	137781
$300,000 shall be used for the Berea Children's Home.	137782

The amount reappropriated for the foregoing appropriation	137783
item C58001, Community Assistance Projects, is the unencumbered	137784
unallotted balance, as of June 30, 2012, in appropriation item	137785
C58001, Community Assistance Projects, plus $1,096,159.42. Prior	137786
to the expenditure of this reappropriation, the Director of Mental	137787
Health shall certify to the Director of Budget and Management	137788
canceled encumbrances in the amount of at least $1,096,159.42.	137789

INFRASTRUCTURE RENOVATIONS

137790

The amount reappropriated for the foregoing appropriation	137791
item C58007, Infrastructure Renovations, is the unencumbered and	137792
unallotted balance as of June 30, 2012, in appropriation item	137793
C58007, Infrastructure Renovations, plus $2,995,450.24. Prior to	137794
the expenditure of this reappropriation, the Director of Mental	137795
Health shall certify to the Director of Budget and Management	137796
canceled encumbrances in the amount of at least $2,995,450.24.	137797

Reappropriations

Sec. 203.90.20. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

137798

C59004	Community Assistance Projects	$	13,913,599	137799
C59029	Emergency Generator Replacement	$	460,362	137800
C59034	Statewide Developmental Centers	$	1,407,067	137801
C59050	Emergency Improvements	$	484,984	137802
C59051	Energy Conservation	$	430,500	137803
C59055	Camp McKinley Improvements	$	30,000	137804
C59056	The Hope Learning Center	$	250,000	137805
TOTAL Department of Developmental Disabilities		$	16,976,512	137806
TOTAL Mental Health Facilities Improvement Fund		$	~~42,684,512~~ 42,584,512	137807

COMMUNITY ASSISTANCE PROJECTS

137808

The foregoing appropriation item C59004, Community Assistance	137809
Projects, may be used to provide community assistance funds for	137810
the construction or renovation of facilities for day programs or	137811
residential programs that provide services to persons eligible for	137812
services from the Department of Developmental Disabilities or	137813
county boards of developmental disabilities.	137814

The amount reappropriated for the foregoing appropriation	137815
item C59004, Community Assistance Projects, is the unencumbered,	137816
unallotted balance as of June 30, 2012, in appropriation item	137817
C59004, Community Assistance Projects, plus $8,326,255. Prior to	137818
the expenditure of this reappropriation, the Director of	137819
Developmental Disabilities shall certify to the Director of Budget	137820
and Management canceled encumbrances in the Mental Health	137821
Facilities Improvement Fund (Fund 7033) in the amount of at least	137822
$8,326,255.	137823

STATEWIDE DEVELOPMENTAL CENTERS

137824

The amount reappropriated for the foregoing appropriation	137825
item C59034, Statewide Developmental Centers, is the unencumbered,	137826
unallotted balance as of June 30, 2012, in appropriation item	137827
C59034, Statewide Developmental Centers, plus $167,912. Prior to	137828
the expenditure of this reappropriation, the Director of	137829
Developmental Disabilities shall certify to the Director of Budget	137830
and Management canceled encumbrances in the Mental Health	137831
Facilities Improvement Fund (Fund 7033) in the amount of at least	137832
$167,912.	137833

Section 630.12. That existing Sections 203.90.10 and	137834
203.90.20 of Sub. S.B. 312 of the 129th General Assembly are	137835
hereby repealed.	137836

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

137837

As used in this section, "appointing authority" has the same	137838
meaning as in section 124.01 of the Revised Code, and "exempt	137839
employee" has the same meaning as in section 124.01 of the Revised	137840
Code.	137841

Notwithstanding section 124.181 of the Revised Code, in cases	137842
where no vacancy exists, an appointing authority may, with the	137843
written consent of an exempt employee, assign duties of a higher	137844
classification to that exempt employee for a period of time not to	137845
exceed two years, and that exempt employee shall receive	137846
compensation at a rate commensurate with the duties of the higher	137847
classification.	137848

Section 701.20. (A) There is hereby created the Legislative	137849
Study Committee on Clean Ohio and Brownfield Funding. The	137850
Committee shall study how to provide long-term funding for the	137851
Clean Ohio brownfield revitalization, conservation, agricultural	137852
easements, and recreational trails programs.	137853

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

137854

(1) Three members of the House of Representatives, appointed	137855
by the Speaker of the House;	137856

(2) Three members of the House of Representatives, appointed	137857
by the Minority Leader of the House;	137858

(3) Three members of the Senate, appointed by the President	137859
of the Senate;	137860

(4) Three members of the Senate, appointed by the Minority	137861
Leader of the Senate.	137862

Members of the Committee shall serve without additional	137863
compensation beyond the compensation received for their service in	137864
the General Assembly. Members may be reimbursed for actual and	137865
necessary expenses incurred in the conduct of Committee business.	137866

(C) Appointments to the Committee shall be made not later	137867
than thirty days after the effective date of this section.	137868
Vacancies shall be filled in the same manner as the original	137869
appointment.	137870

(D) The Committee shall hold its first meeting not later than	137871
forty-five days after the effective date of this section and shall	137872
meet at least once per month thereafter.	137873

(E) A majority of the Committee constitutes a quorum and the	137874
affirmative vote of a majority of Committee members is required	137875
for the conduct of Committee business.	137876

(F) The Committee shall choose from among its members two	137877
co-chairpersons. One co-chairperson shall be a member of the House	137878
of Representatives and one co-chairperson shall be a member of the	137879
Senate. One co-chairperson shall represent the majority political	137880
party and one co-chairperson shall represent the minority	137881
political party.	137882

(G) The Legislative Service Commission shall provide research	137883
support to the Committee and Commission employees shall attend all	137884
Committee meetings.	137885

(H) Not later than March 1, 2014, the Committee shall submit	137886
a report of its findings and its funding recommendations to the	137887
Governor, Speaker and Minority Leader of the House of	137888
Representatives, and President and Minority Leader of the Senate.	137889
After submission of the report, the Committee shall cease to	137890
exist.	137891

Section 715.10. Two years after the amendments to section	137892
1501.011 of the Revised Code by this act take effect, the Ohio	137893
Facilities Construction Commission and the Department of Natural	137894
Resources shall review division (C) of that section.	137895

Section 733.10. Notwithstanding section 3317.01 of the	137896
Revised Code, as amended by this act, to determine whether a	137897
school district satisfied the minimum school year in the 2013-2014	137898
school year in order to qualify for state funding under Chapter	137899
3317. of the Revised Code for fiscal year 2015, the Department of	137900
Education shall apply the criteria prescribed in the version of	137901
division (B) of section 3317.01 of the Revised Code in effect	137902
prior to July 1, 2014.	137903

Section 733.20. The General Assembly hereby declares its	137904
intent, in enacting section 3319.031 of the Revised Code, to	137905
supersede any effect of the decision of the Court of Appeals of	137906
the Eighth Appellate District in OAPSE/AFSCME Local 4 v. Berdine,	137907
174 Ohio App.3d 46 (Cuyahoga County, 2007) to the extent the	137908
decision conflicts with the principle that boards of education may	137909
appoint a licensed business manager, but also may determine	137910
instead to assign the roles and functions of a business manager to	137911
one or more employees or officers of the board, including the	137912
treasurer, in the board's sole discretion.	137913

Section 733.40. (A) The Superintendent of Public Instruction	137914
shall appoint three incorporators who are knowledgeable about the	137915
administration of public schools and about the operation of	137916
nonprofit corporations in Ohio.	137917

(B) The incorporators shall do whatever is necessary and	137918
proper to set up a nonprofit corporation under Chapter 1702. of	137919
the Revised Code. The articles of incorporation, in addition to	137920
meeting the requirements of section 1702.04 of the Revised Code,	137921
shall set forth the following provisions:	137922

(1) That the nonprofit corporation is to create and implement	137923
a pilot program that provides an alternative path for individuals	137924
to receive training and development in the administration of	137925
primary and secondary education and leadership, that will enable	137926
these individuals to earn a degree in public school	137927
administration, that will enable these individuals to obtain	137928
licenses in public school administration, and that promotes the	137929
placement of these individuals in public schools that have a	137930
poverty percentage greater than fifty per cent.	137931

(2) That the Board of Directors are to establish criteria for	137932
program costs, participant selection, and continued participation,	137933
and metrics to document and measure pilot program activities.	137934

(3) That the name of the nonprofit corporation is "New	137935
Leaders for Ohio Schools."	137936

(4) That the Board of Directors is to consist of the	137937
following eight directors:	137938

(a) The Governor or the Governor's designee;

137939

(b) The Superintendent of Public Instruction, or the	137940
Superintendent's designee;	137941

(c) The Chancellor of the Ohio Board of Regents, or the	137942
Chancellor's designee;	137943

(d) A person to represent major business enterprises in Ohio;

137944

(e) Two individuals appointed by the Speaker of the House of	137945
Representatives, one of whom shall be an active duty or retired	137946
military officer;	137947

(f) Two individuals appointed by the President of the Senate,	137948
one of whom shall be a current or retired teacher or principal.	137949

The Dean of The Ohio State University Fisher College of	137950
Business and the Dean of The Ohio State University College of	137951
Education and Human Ecology are to serve as ex-officio nonvoting	137952
members of the Board.	137953

The person on the Board who represents a major business	137954
enterprise in Ohio is to be appointed by an organization selected	137955
by the Governor. The organization is to be nonpartisan and consist	137956
of chief executive officers of corporations organized in Ohio.	137957

(5) That the Board is to appoint a President of the	137958
corporation.	137959

(6) That the President of the Corporation, subject to the	137960
approval of the Board, is to enter into a contract with The Ohio	137961
State University Fisher College of Business. Under the contract,	137962
the College is to provide oversight to the corporation, is to	137963
serve as fiscal agent for the corporation, and is to provide the	137964
corporation with office space, and with office furniture and	137965
equipment, as is necessary for the corporation successfully to	137966
fulfill its duties.	137967

(7) That the administrative costs of the corporation are not	137968
to exceed fifteen per cent of the annual budget of the	137969
corporation.	137970

(8) That the President is to apply for, and is to receive and	137971
accept, grants, gifts, bequests, and contributions from private	137972
sources.	137973

(9) That the corporation is to submit an annual report to the	137974
General Assembly and Governor beginning December 31, 2013.	137975

(10) That the corporation shall cease operations on the date	137976
that is five years after the effective date of this section and	137977
proceed to wind up its affairs.	137978

Section 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

137979

The Department of Mental Health and Addiction Services, in	137980
consultation with the Department of Medicaid, shall administer the	137981
Recovery Requires a Community Program to identify individuals	137982
residing in nursing facilities who can be successfully moved into	137983
a community setting with the aid of community non-Medicaid	137984
services.	137985

The Director of Mental Health and Addiction Services and the	137986
Medicaid Director shall agree upon an amount representing the	137987
savings realized from decreased nursing facility utilization to be	137988
transferred within the biennium from the Department of Medicaid to	137989
the Department of Mental Health and Addiction Services to support	137990
non-Medicaid program costs for individuals moving into community	137991
settings.	137992

Of the foregoing appropriation item 651525, Medicaid/Health	137993
Care Services, the Medicaid Director shall transfer the amount	137994
agreed upon representing the savings from the General Revenue Fund	137995
to the Sale of Goods and Services Fund (Fund 1490). The transfer	137996
shall be made using an intrastate transfer voucher. The	137997
transferred cash is hereby appropriated to appropriation item	137998
335609, Community Operating/Planning.	137999

Section 751.40. (A) The Workforce Training Pilot Program for	138000
the Economically Disadvantaged is hereby established to provide	138001
grants to provide training in life and technical skills. The	138002
Director of Job and Family Services shall administer the Pilot	138003
Program for a period of two years, beginning July 1, 2013.	138004

(B) The Director of Job and Family Services, in consultation	138005
with the Director of Development Services and JobsOhio, shall	138006
issue a request for proposals to allow an entity to receive a	138007
grant under this section to create and administer a demonstration	138008
project in the field of workforce development. The demonstration	138009
project shall provide training to those individuals located in the	138010
region described in division (C) of this section where the project	138011
is located who the applicant determines are economically	138012
disadvantaged. The request for proposals shall include all of the	138013
following requirements:	138014

(1) That the applicant shall include in the proposal a	138015
description of the manner in which the applicant will determine	138016
whether an individual is economically disadvantaged;	138017

(2) That the demonstration project shall provide life skills	138018
training, to assist an individual to develop character traits	138019
necessary to obtain employment, and technical, field-related	138020
training;	138021

(3) That the applicant is collaborating with an organization	138022
in the region described in division (C) of this section where the	138023
project is located and at least one community-based nonprofit	138024
organization that has experience in life-skill support services	138025
and workforce development;	138026

(4) That the applicant satisfies any other requirements	138027
established in the request for proposals.	138028

(C)(1) The Director of Job and Family Services, in	138029
consultation with the Director of Development Services and	138030
JobsOhio, shall award a grant in fiscal year 2014 for a	138031
demonstration project described in division (B) of this section in	138032
each of the following regions of the state:	138033

(a) The counties of Allen, Crawford, Defiance, Fulton,	138034
Hancock, Hardin, Henry, Lucas, Ottawa, Paulding, Putnam, Sandusky,	138035
Seneca, Van Wert, Williams, Wood, and Wyandot;	138036

(b) The counties of Ashland, Ashtabula, Columbiana, Cuyahoga,	138037
Erie, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage,	138038
Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne;	138039

(c) The counties of Auglaize, Champaign, Clark, Clinton,	138040
Darke, Fayette, Greene, Mercer, Miami, Montgomery, Preble, and	138041
Shelby;	138042

(d) The counties of Delaware, Fairfield, Franklin, Knox,	138043
Licking, Logan, Madison, Marion, Morrow, Pickaway, and Union;	138044

(e) The counties of Adams, Athens, Belmont, Carroll,	138045
Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes,	138046
Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum,	138047
Noble, Perry, Pike, Ross, Scioto, Vinton, and Washington;	138048

(f) The counties of Brown, Butler, Clermont, Hamilton, and	138049
Warren.	138050

(2) The Director of Job and Family Services may award a grant	138051
to one or two demonstration projects located in a region described	138052
in division (C)(1) of this section, however, no region shall	138053
receive more than one million dollars in grant funding under this	138054
section.	138055

(D) The Director of Job and Family Services shall adopt rules	138056
in accordance with Chapter 119. of the Revised Code to establish	138057
reporting requirements for grant recipients under this section.	138058
Those rules shall require a grant recipient to report on the	138059
successful completion rate of project participants, rate of job	138060
placement of participants, tracking of participant's employment	138061
after completion of the project, and any other information	138062
requested by the Director. The Director shall require grant	138063
recipients to report this information during the two-year Pilot	138064
Program and to submit a final report upon the expiration of the	138065
Pilot Program. A grant recipient shall comply with rules adopted	138066
by the Director.	138067

(E) On July 1, 2013, or as soon as possible thereafter, the	138068
Director of Budget and Management shall transfer $8,000,000 cash	138069
from the Economic Development Projects Fund (Fund 5JC0) used by	138070
the Board of Regents to the Training Activities Fund (Fund 6130)	138071
used by the Department of Job and Family Services. The transferred	138072
funds shall be used for the Pilot Program established in this	138073
section.	138074

Section 755.10. There is hereby created the License Plate	138075
Safety Task Force. The Task Force shall consist of eight members:	138076
three members appointed by the President of the Senate, one member	138077
appointed by the Minority Leader of the Senate, three members	138078
appointed by the Speaker of the House of Representatives, and one	138079
member appointed by the Minority Leader of the House of	138080
Representatives. At least five members shall represent law	138081
enforcement.	138082

The Task Force shall examine the extent of license plate	138083
degradation over time and the impediments to law enforcement	138084
efforts caused by illegible license plates resulting from	138085
degradation. The Task Force also shall examine whether having dual	138086
license plates is beneficial to law enforcement officers and	138087
determine whether the state should continue its dual plate	138088
requirement. Not later than December 31, 2013, the Task Force	138089
shall issue a report of its findings and recommendations to the	138090
Governor, the President of the Senate, the Minority Leader of the	138091
Senate, the Speaker of the House of Representatives, and the	138092
Minority Leader of the House of Representatives. At that time, the	138093
Task Force shall cease to exist.	138094

Section 757.10. MINIMUM DISTRIBUTION OF LOCAL GOVERNMENT	138095
FUND	138096

Notwithstanding any provision of section 131.51 of the	138097
Revised Code to the contrary, from revenue arising from the	138098
personal income tax levied under Chapter 5747. of the Revised	138099
Code, an amount equal to one hundred per cent of the amount	138100
credited to the Local Government Fund in July 2012 shall be	138101
credited to such fund in July 2013. In July 2013 each county	138102
undivided local government fund shall receive the same amount it	138103
received in July 2012. In July 2013 each municipal corporation	138104
shall receive the same amount it directly received from the Local	138105
Government Fund in July 2012.	138106

Section 757.20. (A) On or before June 15, 2014, the Director	138107
of the Ohio Public Works Commission shall certify to the Director	138108
of Budget and Management the amount of debt service paid from the	138109
General Revenue Fund in fiscal years 2013 and 2014 on bonds issued	138110
to finance or assist in the financing of the cost of local	138111
subdivision public infrastructure capital improvement projects, as	138112
provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio	138113
Constitution, that are attributable to costs for construction,	138114
reconstruction, maintenance, or repair of public highways and	138115
bridges and other statutory highway purposes. That certification	138116
shall allocate the total amount of debt service paid from the	138117
General Revenue Fund and attributable to those costs in each of	138118
fiscal years 2013 and 2014 according to the applicable section of	138119
the Ohio Constitution under which the bonds were originally	138120
issued.	138121

(B) On or before June 15, 2015, the Director of the Ohio	138122
Public Works Commission shall certify to the Director of Budget	138123
and Management the amount of debt service paid from the General	138124
Revenue Fund in fiscal year 2015 on bonds issued to finance or	138125
assist in the financing of the cost of local subdivision public	138126
infrastructure capital improvement projects, as provided for in	138127
Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that	138128
are attributable to costs for construction, reconstruction,	138129
maintenance, or repair of public highways and bridges and other	138130
statutory highway purposes. That certification shall allocate the	138131
total amount of debt service paid from the General Revenue Fund	138132
and attributable to those costs in fiscal year 2015 according to	138133
the applicable section of the Ohio Constitution under which the	138134
bonds were originally issued.	138135

(C) On or before June 30 of each fiscal year, the Director of	138136
Budget and Management shall determine an amount up to but not	138137
exceeding the amount certified under division (A) or (B) of this	138138
section and shall reserve that amount from the cash balance in the	138139
Commercial Activity Tax Motor Fuel Receipts Fund for transfer to	138140
the General Revenue Fund at times and in amounts to be determined	138141
by the Director. The Director shall transfer the cash balance in	138142
the Commercial Activity Tax Motor Fuel Receipts Fund in excess of	138143
the amount so reserved to the Highway Operating Fund on or before	138144
June 30 of each fiscal year.	138145

Section 757.30. (A) There is hereby created the Commercial	138146
Activity Tax Review Committee to review and make recommendations	138147
for reforming and improving the tax levied under Chapter 5751. of	138148
the Revised Code. The committee shall be composed of the following	138149
members:	138150

(1) The chair of the standing committee of the House of	138151
Representatives that deals primarily with issues of taxation;	138152

(2) The chair of the standing committee of the Senate that	138153
deals primarily with issues of taxation;	138154

(3) Three members of the House of Representatives appointed	138155
by the Speaker of the House of Representatives, two of whom shall	138156
be members of the minority party; and	138157

(4) Three members of the Senate appointed by the President of	138158
the Senate, two of whom shall be members of the minority party.	138159

(B) The Commercial Activity Tax Review Committee shall be	138160
jointly chaired by the members described in divisions (A)(1) and	138161
(2) of this section. The committee shall meet monthly, beginning	138162
in July 2013, at the call of the chairs and may accept testimony.	138163
The committee is a public body for the purposes of section 121.22	138164
of the Revised Code.	138165

The committee shall, on or before October 31, 2013, submit a	138166
report with the committee's recommendations to the Governor, the	138167
Speaker and Minority Leader of the House of Representatives, and	138168
the President and Minority Leader of the Senate.	138169

(C) The Commercial Activity Tax Review Committee shall cease	138170
to exist after October 31, 2013.	138171

Section 757.40. The purpose of section 3735.661 of the	138172
Revised Code is to clarify the intent of the General Assembly that	138173
"first two amendments," as used in division (B) of Section 3 of	138174
Am. Sub. S.B. 19 of the 120th General Assembly, has, on and after	138175
July 22, 1994, referred and continues to refer to only a	138176
substantive amendment to a community reinvestment area ordinance	138177
or resolution that extends, expands, increases, or otherwise	138178
broadens the availability of tax exemptions provided under the	138179
ordinance or resolution and does not refer to an amendment that	138180
decreases or otherwise limits the availability of tax exemptions	138181
under the ordinance or resolution or that are procedural or	138182
administrative. Therefore, section 3735.661 of the Revised Code	138183
applies retroactively to ordinances and resolutions adopted under	138184
section 3735.66 of the Revised Code before and after the effective	138185
date of section 3735.661 of the Revised Code.	138186

Section 757.50. The amendment by this act of divisions (R),	138187
(S), and (T) of section 5741.01 and section 5741.03 of the Revised	138188
Code and the enactment of section 5741.032 of the Revised Code are	138189
hereby effectuated with the intent that if the United States	138190
Congress enacts the Marketplace Fairness Act of 2013, or other	138191
similar legislation authorizing states to require sellers that	138192
lack a substantial nexus with the state to pay, collect, or remit	138193
sales or use tax, the General Assembly shall adopt, before the	138194
effective date of such federal legislation, any conforming	138195
amendments required by such federal legislation and requiring the	138196
Tax Commissioner to adopt rules necessary to effectively	138197
administer such taxes with respect to remote sellers, as defined	138198
in division (S) of section 5741.01 of the Revised Code.	138199

This section is not intended to create a nexus between this	138200
state and remote sellers for any tax other than those imposed	138201
under Chapters 5739. and 5741. of the Revised Code.	138202

Section 803.10. An investor who is issued a tax credit	138203
certificate under section 122.152 of the Revised Code prior to	138204
that section's repeal by this act may continue to claim that	138205
credit in the manner provided for in that section.	138206

Section 803.20. The member of the Farmland Preservation	138207
Advisory Board appointed under division (A)(4) of section 901.23	138208
of the Revised Code, as that section existed prior to its	138209
amendment by this act, who is serving on the effective date of	138210
this act shall continue to serve until the expiration of the term	138211
for which the member was appointed. At the end of that term, a	138212
member shall be appointed in accordance with division (A)(4) of	138213
that section as amended by this act.	138214

Section 803.30. A member of the technical advisory committee	138215
created in section 1551.35 of the Revised Code, as amended by this	138216
act, who was appointed by the Director of the Ohio Coal	138217
Development Office and who is serving on the committee immediately	138218
prior to the effective date of the amendments to that section	138219
shall continue in office until the expiration of the member's	138220
term. Thereafter, the appointment of a member for that position on	138221
the committee shall be made in accordance with the amendments to	138222
that section by this act.	138223

Section 803.50. The amendments to sections 3313.48, 3313.533,	138224
3313.62, 3317.01, and 3321.05; the repeal and reenactment of	138225
section 3313.481; and the repeal of section 3313.482 of the	138226
Revised Code made by this act do not apply to any collective	138227
bargaining agreement executed under Chapter 4117. of the Revised	138228
Code prior to July 1, 2014. Any collective bargaining agreement or	138229
renewal executed after that date shall comply with the changes	138230
provided for in this act.	138231

Section 803.60. (A) As used in this section:

138232

(1) "State institution of higher education" has the same	138233
meaning as in section 3345.011 of the Revised Code.	138234

(2) "Career-technical planning district" has the same meaning	138235
as in section 3302.033 of the Revised Code.	138236

(B) Nothing in Chapter 3365. of the Revised Code or the	138237
amendment of sections in that chapter by this act shall be	138238
construed to infringe upon or require the alteration of any	138239
existing or future articulation agreement for technical coursework	138240
offered through state-approved career-technical programs of study	138241
or any corresponding payment structure between any state	138242
institution of higher education and a career-technical planning	138243
district.	138244

The Department of Education and the Board of Regents shall	138245
study the implications of applying the changes in Chapter 3365. of	138246
the Revised Code to articulation agreements for technical	138247
coursework offered through state-approved career-technical	138248
programs of study. The Department and the Board also shall make	138249
recommendations on how such career-technical programs of study	138250
might be included under Chapter 3365. of the Revised Code and the	138251
implications of including them. These recommendations shall be	138252
submitted to the Governor's Office of 21st Century Education and	138253
the General Assembly in accordance with section 101.68 of the	138254
Revised Code, not later than July 1, 2014.	138255

Section 803.80. (A) The amendment by this act of section	138256
5747.01 of the Revised Code, amending or enacting divisions	138257
(A)(26) and (GG) of that section, applies to taxable years ending	138258
on or after the effective date of this section.	138259

(B) The amendment by this act of section 5747.022 and	138260
division (A) of section 5747.025 of the Revised Code applies to	138261
taxable years beginning on or after January 1, 2013.	138262

(C) The amendment by this act of division (C) of section	138263
5747.025, and of sections 5747.02, 5747.08, and 5747.21, and the	138264
repeal of section 5747.211 of the Revised Code apply to taxable	138265
years beginning on or after January 1, 2013.	138266

Section 803.90. (A) The amendment by this act of section	138267
5751.01 of the Revised Code applies to tax periods ending on or	138268
after the effective date of that amendment.	138269

(B) The amendment by this act of section 5751.07 of Revised	138270
Code applies to original returns filed on or after January 1,	138271
2014.	138272

Section 803.120. (A) The amendment by this act of section	138273
1509.50, division (C)(12) of section 5703.21, section 5749.02,	138274
divisions (D), (F), (H), and (I) of section 5749.06, and section	138275
5749.17 of the Revised Code applies to calendar quarters beginning	138276
on or after October 1, 2013.	138277

(B) The amendment by this act of section 113.061 and division	138278
(G) of section 5749.06 of the Revised Code applies to the	138279
severance of natural resources occurring in calendar quarters	138280
beginning on or after January 1, 2014.	138281

Section 803.150. A proposal approved by a board of county	138282
commissioners under section 317.321 of the Revised Code as it	138283
existed before the date of the amendment of that section by this	138284
act continues in effect for the number of years approved by the	138285
board of county commissioners under that section. The special fund	138286
established at the request of the board under that section ceases	138287
to exist upon the expiration of the proposal.	138288

Section 803.160. (A) References to the Ohio Cooperative	138289
Extension Service, or use of a similar term, in any contracts,	138290
agreements, or other instruments that were entered into or	138291
executed prior to the effective date of this section pursuant to	138292
state statutes are deemed to be references to OSU Extension as	138293
defined in section 1.611 of the Revised Code as enacted by this	138294
act.	138295

(B) References to the Ohio Cooperative Extension Service, or	138296
use of a similar term, in rules adopted prior to the effective	138297
date of this section pursuant to state statutes are deemed to be	138298
references to OSU Extension.	138299

Section 803.170. The amendment by this act of section	138300
5709.17 of the Revised Code applies to tax year 2013 and every tax	138301
year thereafter.	138302

Section 803.180. The amendment or enactment by this act of	138303
sections 5735.012 and 5735.013 applies on the first day of the	138304
first month after the effective date of those sections.	138305

Section 803.190. (A) The amendment or enactment by this act	138306
of division (QQQ) of section 5739.01, section 5739.12, division	138307
(I), except for divisions (I)(2)(g) and (I)(4), and division (Q)	138308
of section 5741.01, and section 5741.12 of the Revised Code	138309
applies to the storage, use, or other consumption of tangible	138310
personal property or services occurring on and after the first	138311
month beginning after the effective date of that division and	138312
section.	138313

(B) The amendment by this act of divisions (I)(2)(g) and	138314
(I)(4) of section 5741.01 and section 5741.17 of the Revised Code	138315
applies to the storage, use, or other consumption of tangible	138316
personal property or services occurring on and after October 1,	138317
2013, regardless of the date a seller and a resident entered into	138318
an agreement described in division (I)(2)(g) of section 5741.01 of	138319
the Revised Code. On that date, as used in divisions (I)(2)(g) and	138320
(I)(4) of section 5741.01 of the Revised Code, "preceding twelve	138321
months" means the twelve months beginning October 1, 2012, and	138322
ending September 30, 2013.	138323

Section 803.200. Until such time as the Registrar of Motor	138324
Vehicles can adopt rules under section 4505.101 of the Revised	138325
Code relating to the valuation of motor vehicles, the Registrar	138326
shall continue to process the affidavits required under section	138327
4505.101 of the Revised Code according to the Registrar's current	138328
policies, procedures, and standards.	138329

Section 806.10. The items of law contained in this act, and	138330
their applications, are severable. If any item of law contained in	138331
this act, or if any application of any item of law contained in	138332
this act, is held invalid, the invalidity does not affect other	138333
items of law contained in this act and their applications that can	138334
be given effect without the invalid item of law or application.	138335

Section 809.10. An item of law, other than an amending,	138336
enacting, or repealing clause, that composes the whole or part of	138337
an uncodified section contained in this act has no effect after	138338
June 30, 2015, unless its context clearly indicates otherwise.	138339

Section 812.10. Except as otherwise provided in this act, the	138340
amendment, enactment, or repeal by this act of a section is	138341
subject to the referendum under Ohio Constitution, Article II,	138342
Section 1c and therefore takes effect on the ninety-first day	138343
after this act is filed with the Secretary of State or, if a later	138344
effective date is specified below, on that date.	138345

The enactment of section 5162.12 of the Revised Code takes	138346
effect January 1, 2014.	138347

The amendment, enactment, or repeal of sections 3313.48,	138348
3313.533, 3313.62, 3314.09, 3314.092, 3321.05, 3326.11, and	138349
3326.20 of the Revised Code takes effect July 1, 2014.	138350

The repeal and reenactment of sections 3313.481 and 3327.02	138351
of the Revised Code take effect July 1, 2014.	138352

The enactment of section 3327.07 of the Revised Code takes	138353
effect on July 1, 2014.	138354

Sections 323.70, 323.110, 323.120, and 323.480 of this act	138355
take effect at the earliest time permitted by law but not earlier	138356
than September 30, 2013.	138357

Section 812.20. The amendment, enactment, or repeal by this	138358
act of the sections listed below is exempt from the referendum	138359
under Ohio Constitution, Article II, Section 1d and section 1.471	138360
of the Revised Code and therefore takes effect immediately when	138361
this act becomes law or, if a later effective date is specified	138362
below, on that date.	138363

Sections 189.04, 189.06, 731.091, 3314.05, 3734.57, 3734.901,	138364
4301.43, 5727.84, 5747.501, and 5753.03 of the Revised Code.	138365

Sections of this act prefixed with section numbers in the	138366
200's, 300's, 400's, and 500's except for sections 323.10.70,	138367
323.70, 323.110, 323.120, 323.480, 363.230, 363.520, 363.540, and	138368
363.550 of this act.	138369

Section 751.40 of this act.

138370

Sections 812.10, 812.20, and 812.30 of this act.

138371

The amendment, enactment, or repeal of sections 105.41,	138372
125.05, 152.09, 154.25, 3313.603, 3314.074, 3317.06, 3317.50,	138373
3317.51, 3319.22, 3319.235, 3345.12, 3353.01, 3353.02, 3353.04,	138374
3353.06, 3353.07, 3353.08, 3353.09, 3353.15, and 3353.20 takes	138375
effect July 1, 2013.	138376

The enactment of section 5168.41 of the Revised Code takes	138377
effect July 1, 2013.	138378

The amendment of sections 120.06 and 5139.04 of the Revised	138379
Code takes effect July 1, 2013.	138380

Section 812.30. The sections that are listed in the	138381
left-hand column of the following table combine amendments by this	138382
act that are and that are not exempt from the referendum under	138383
Ohio Constitution, Article II, sections 1c and 1d and section	138384
1.471 of the Revised Code.	138385

The middle column identifies the amendments to the listed	138386
sections that are subject to the referendum under Ohio	138387
Constitution, Article II, Section 1c and therefore take effect on	138388
the ninety-first day after this act is filed with the Secretary of	138389
State or, if a later effective date is specified, on that date.	138390

The right-hand column identifies the amendments to the listed	138391
sections that are exempt from the referendum under Ohio	138392
Constitution, Article II, Section 1d and section 1.471 of the	138393
Revised Code and therefore take effect immediately when this act	138394
becomes law or, if a later effective date is specified, on that	138395
date.	138396

Section of law	Amendments subject to referendum	Amendments exempt from referendum	138397
3745.11	Amendments to division (M)(5)	All amendments except as described in the middle column	138398
3721.50 (5168.40)	All amendments except as described in the right-hand column	Amendments to division (F)	138399
5112.30 (5168.60)	All amendments except as described in the right-hand column	Amendments to division (A) take effect July 1, 2013	138400
5751.20	Amendments to division (J)	All amendments except as described in the middle column	138401
6109.21	The stricken sentence in division (E)	All amendments except as described in the middle column	138402

Section 812.40. The amendments to sections 109.572, 169.02,	138403
3317.01, 3317.03, 5101.573 (5160.40), 5101.58 (5160.37), 5111.07	138404
(5164.752), 5111.071 (5164.753), 5111.083 (5164.757), 5111.17	138405
(5167.10), and 5111.19 (5164.74) of the Revised Code are subject	138406
to the referendum under Ohio Constitution, Article II, Section 1c	138407
and section 1.471 of the Revised Code, and therefore take effect	138408
on the ninety-first day after this act is filed with the Secretary	138409
of State. However:	138410

(A) In section 3317.01 of the Revised Code, the amendments to	138411
division (B) take effect July 1, 2014.	138412

(B) In section 3317.03 of the Revised Code, the following	138413
amendments in divisions (A) and (D) take effect July 1, 2014:	138414

(1) The strike through of "the first paragraph of";

138415

(2) The strike through of "(B)" and insertion of "(A)(1)";

138416

(3) The strike through of "3317.01" and insertion of	138417
"3313.482".	138418

(C) In section 5101.573 (5160.40) of the Revised Code, the	138419
new matter inserted into division (C) takes effect January 1,	138420
2014.	138421

(D) In section 5101.58 (5160.37) of the Revised Code, the	138422
insertion of division (K) takes effect January 1, 2014.	138423

(E)(1) In section 5111.07 (5164.752) of the Revised Code, all	138424
of the amendments take effect July 1, 2014, except for the	138425
following amendments:	138426

(a) The renumbering of the section;

138427

(b) The strike through of "job and family services" and	138428
insertion of "medicaid" in the first sentence as the section	138429
appears on the day immediately preceding the effective date of	138430
this section.	138431

(2) The reference to "director of job and family services" in	138432
the last sentence shall be read as if it reads the "director of	138433
medicaid" while the last sentence remains in effect.	138434

(F) In section 5111.071 (5164.753) of the Revised Code, the	138435
insertion in the last sentence of "and the extent to which each	138436
terminal distributor participates in the medicaid program as a	138437
provider of drugs" takes effect July 1, 2014.	138438

(G) In section 5111.083 (5164.757) of the Revised Code, all	138439
of the amendments take effect January 1, 2014, except for the	138440
following amendments:	138441

(1) The renumbering of the section;

138442

(2) The insertion of "medicaid" before "director" in the	138443
first sentence of division (B);	138444

(3) The strike through of "of job and family services".

138445

(H) In section 5111.17 (5167.10) of the Revised Code, the	138446
amendments to division (B)(2) take effect January 1, 2014.	138447

(I) In section 5111.19 (5164.74) of the Revised Code, the	138448
following amendments take effect January 1, 2014:	138449

(1) The insertion of ", and the allocation of payments for,"	138450
in the first paragraph;	138451

(2) The strike through of the second paragraph and divisions	138452
(A), (B), and (C).	138453

Section 812.60. (A) Except as provided in division (B) of	138454
this section, the amendments of this act to section 5111.251 of	138455
the Revised Code, including the renumbering of the section as	138456
section 5124.17 of the Revised Code, take effect ninety-one days	138457
after the effective date of this section.	138458

(B) The following amendments by this act to section 5111.251	138459
(5124.17) of the Revised Code take effect July 1, 2014:	138460

(1) The amendments that halve the efficiency incentive	138461
payment for intermediate care facilities for the mentally retarded	138462
that have more than eight beds;	138463

(2) The amendments that eliminate the nonextensive	138464
renovations component of the Medicaid payments for the capital	138465
costs of intermediate care facilities for the mentally retarded	138466
that have more than eight beds;	138467

(3) The amendments that eliminate the return on equity	138468
component of the Medicaid payments for the capital costs of all	138469
intermediate care facilities for the mentally retarded.	138470

Section 812.70. All the amendments by this act to section	138471
3327.01 of the Revised Code are subject to the referendum under	138472
Ohio Constitution, Article II, Section 1c. The amendment adding	138473
division (H) to the section takes effect on the ninety-first day	138474
after this act is filed with the Secretary of State, and all the	138475
other amendments to the section take effect on July 1, 2014.	138476

Section 815.10. The General Assembly, applying the principle	138477
stated in division (B) of section 1.52 of the Revised Code that	138478
amendments are to be harmonized if reasonably capable of	138479
simultaneous operation, finds that the following sections,	138480
presented in this act as composites of the sections as amended by	138481
the acts indicated, are the resulting versions of the sections in	138482
effect prior to the effective date of the sections as presented in	138483
this act:	138484

Section 9.90 of the Revised Code as amended by both Am. Sub.	138485
H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	138486

Section 109.572 of the Revised Code as amended by both Am.	138487
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	138488

Section 122.17 of the Revised Code as amended by Sub. H.B.	138489
327, Am. Sub. H.B. 510, and Am. Sub. S.B. 314, all of the 129th	138490
General Assembly.	138491

Section 122.33 of the Revised Code as amended by both Am.	138492
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	138493

Section 124.381 of the Revised Code as amended by both Am.	138494
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	138495

Section 149.311 of the Revised Code as amended by both Am.	138496
Sub. H.B. 510 and Am. Sub. S.B. 314 of the 129th General Assembly.	138497

Section 149.43 of the Revised Code as amended by both Am.	138498
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly.	138499

Section 329.06 of the Revised Code as amended by both Am.	138500
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	138501

Section 955.201 of the Revised Code as amended by both Am.	138502
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly.	138503

Section 2901.30 of the Revised Code as amended by both Am.	138504
H.B. 181 and Sub. S.B. 87 of the 127th General Assembly.	138505

Section 2903.13 of the Revised Code as amended by both Sub.	138506
H.B. 525 and Am. Sub. H.B. 62 of the 129th General Assembly.	138507

Section 2921.13 of the Revised Code as amended by both Am.	138508
Sub. H.B. 495 and Sub. S.B. 343 of the 129th General Assembly.	138509

Section 2923.126 of the Revised Code as amended by both Am.	138510
Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General Assembly,	138511
that is scheduled to take effect January 1, 2014.	138512

Section 2929.13 of the Revised Code as amended by Am. Sub.	138513
H.B. 62, Am. Sub. H.B. 262, and Am. Sub. S.B. 160 of the 129th	138514
General Assembly.	138515

Section 3304.231 of the Revised Code as amended by both Am.	138516
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	138517

Section 3313.978 of the Revised Code as amended by both Am.	138518
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	138519

Section 3701.78 of the Revised Code as amended by both Am.	138520
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	138521

Section 3734.01 of the Revised Code as amended by both Am.	138522
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	138523

Section 3745.11 of the Revised Code as amended by both Am.	138524
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	138525

Section 5104.012 of the Revised Code as amended by both Am.	138526
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	138527
that is scheduled to take effect January 1, 2014.	138528

Section 5104.013 of the Revised Code as amended by both Am.	138529
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	138530
that is scheduled to take effect January 1, 2014.	138531

Section 5111.032 of the Revised Code as amended by both Am.	138532
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	138533

Section 5111.033 of the Revised Code as amended by both Am.	138534
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	138535

Section 5111.034 of the Revised Code as amended by both Am.	138536
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	138537

Section 5111.172 of the Revised Code as amended by both Am.	138538
Sub. H.B. 93 and Am. Sub. H.B. 153 of the 129th General Assembly.	138539

Section 5119.16 of the Revised Code as amended by both Am.	138540
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	138541

Section 5701.13 of the Revised Code as amended by both Sub.	138542
H.B. 267 and Am. Sub. H.B. 487 of the 129th General Assembly.	138543

Section 5705.25 of the Revised Code as amended by both Am.	138544
Sub. H.B. 487 and Am. S.B. 321 of the 129th General Assembly.	138545

Section 5731.39 of the Revised Code as amended by both Am.	138546
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	138547

Section 5739.01 of the Revised Code as amended by Am. Sub.	138548
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	138549

Section 5739.02 of the Revised Code as amended by Am. Sub.	138550
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	138551

Section 5747.01 of the Revised Code as amended by Am. H.B.	138552
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	138553
General Assembly.	138554

Section 5747.98 of the Revised Code as amended by both Am.	138555
Sub. H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly.	138556

Section 5749.02 of the Revised Code as amended by both Am.	138557
Sub. H.B. 1 and S.B. 73 of the 128th General Assembly.	138558

Section 5751.01 of the Revised Code as amended by both Am.	138559
Sub. H.B. 51 and Am. S.B. 28 of the 130th General Assembly.	138560

Section 5751.20 of the Revised Code as amended by both Am.	138561
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	138562

Section 5753.03 of the Revised Code as amended by both Am.	138563
Sub. H.B. 487 and Am. Sub. H.B. 386 of the 129th General Assembly.	138564

Section 815.20. The amendment of sections 5104.11 and 5120.07	138565
of the Revised Code by this act is not intended to supersede the	138566
earlier repeal, with delayed effective date, of those sections.	138567